JUDGE VANNOY, 13 TH JUDICIAL DISTRICT SARAH EHRLICH J.D., OFFICE OF THE CHILD’S REPRESENTATIVE ALICIA DAVIS J.D., COLORADO STATE COURT ADMINISTRATOR’S.

JUDGE VANNOY,

13TH JUDICIAL DISTRICT

SARAH EHRLICH J.D.,

OFFICE OF THE CHILD’S REPRESENTATIVE

ALICIA DAVIS J.D., COLORADO STATE COURT

ADMINISTRATOR’S OFFICE

Case Law and Legislative Update

2009 Legislative Update

www.courts.state.co.us/Administration/Section.cfm/

Section/jp3res

Child Welfare

Postadoption Contact Birth Siblings Bill (SB 079)

Authorizes a confidential intermediary to inspect confidential dependency and neglect records.

Allows adults who were former foster children, who may or may not have been adopted, to use the confidential intermediary program to search for an adult birth sibling who may or may not have been adopted or in the foster care system

Authorizes the confidential intermediary commission to receive and expend gifts, grants, and donations for the purpose of conducting searches for birth siblings.

  03/25/2009 Signed by the Governor

Child Welfare Training Academy (SB 164)

Requires DHS to create rules to establish a training academy Academy will provide training and certification to new county child welfare

caseworkers and supervisors DHS, by rulemaking, will identify staff who are required to traini to attain

certification from the academy, establish minimum standards of competence, establish alternative methods of attaining certification for persons who have already completed similar training

Training for 450 new caseworkers and 140 supervisors per year Recommended by the Child Welfare Action Committee Signed on 5/19/09, effective upon passage (contingent upon funding)

Changes to Conform Portions of Federal P.L. 110-351 Relating to Kinship (SB 245)

Establishes a Kinship guardianship program in DHS Amends portions of the Children’s Code to comply with the

Fostering Connections to Success and Increasing Adoptions Act of 2008

Amends 19-3-403, time limits – changes the fifteen days to seven for form affidavit, the copy delivered no later than five days after the date of the hearing

Each parent may suggest an adult relative to be the caretaker

Children may be consulted Court shall order DHS to exercise due diligence to contact

grandparents and relative within 30 days of removal (was 90) and the county shall provide notice to the relatives of removal

Establishes kinship guardian assistance program – contingent on funding

Sent to the Gov on 5/19/09

Verifiable Documents Foster Care Youth Bill (SB 104)

Requires each county and/or city responsible for a youth in foster care to provide that youth with verifiable documents, such as a certified birth certificate and a social security card, on or before the youth's eighteenth birthday and at no cost to the youth.

Effective 90 days after the end of session, unless referendum filed, signed 5/2/09

Concerning training for foster parents (09-1078)

Concerning training for foster parents in regard to IEPs requires the dept to make FP training available on IEPs

Training available upon the request of the foster parents Signed by the Gov. on 3/19/09, effective date 90 days after

final adjournment

Concerning improving child protection efforts

(HB 09-1007)

Adds DV experts to interagency oversight groups in the collaborative management program.

Requires DV rep to be a part of the collaborative management team (old HB 1451) programs

Newell, Frangas Signed on 3/20/09Effective date, 90 days

Delinquency

Sealing Of Direct File Records Bill (HB 1044)

Current law allows certain juvenile offenders to petition the court to have their juvenile, criminal records permanently removed or expunged, provided they meet certain criteria

Certain offenders not eligible for expungement, including those designated by the court as aggravated or violent juvenile offenders; convicted of an offense involving unlawful sexual behavior; convicted of an offense that is considered a crime of violence

under Colorado law; and charged as an adult for a crime committed as a juvenile, a

process known as "direct file.“ Bill allows a juvenile who was charged as an adult, but ultimately

sentenced as a juvenile, to later petition to have the record expunged.

Signed, 3/18/09, effective 9/1/09, unless referendum petition filed

Extension of the study of the treatment of persons with mental illness who are in the criminal or JJ systems (HB 1021)

Extends the legislative oversight committee and task force until 2015. The committee was set to expire in 2010.

Committee originally created in 1999 Adds a rep to the committee from the Dept. of Labor Provides new guidelines for study: The diagnosis, treatment, and housing of adults with mental

illness or co-occurring disorders who are involved in the justice system; diagnosis, treatment, and housing of juveniles with mental illness or co-occurring disorders who are involved in the justice system; ongoing treatment, housing, and supervision of adults and juveniles who are involved in the justice system and the availability of public benefits for these persons; and safety of the staff who treat or supervise individuals with mental illness and the use of force against persons with mental illness. Signed on 3/20/09, 90 day effective date

Increasing the age of persons eligible for sentencing to YOS (HB 1122)

Expands eligibility for sentencing to the Youthful Offender System (YOS) in the Department of Corrections (DOC) to include young adult offenders who are 18 or 19 at the time the offense is committed, but less than 21 years old at the time of sentencing. The bill excludes most sex offenders and individuals convicted of class 1 and most class 2 felonies (felony murder is the exception if it is pled down to a class 2 felony and meets certain sentencing guidelines) from eligibility for the YOS.

This bill will take effect October 1, 2009, and it will sunset on October 1, 2012.

Signed on 4/02/09

Concerning the placement of a juvenile who is awaiting trial

in district court (09-1321)

Amends 19-2-508 A juvenile who is to be tried as adult pursuant to direct file shall not

be held at any facility intended to be used by juvenile offenders, unless DA and defense counsel agree

To determine if jail is appropriate, the DA shall consider the age, the offense, physical maturity, the juvenile’s history, mental state, community protection, safety of other juveniles in the facility, and if the juvenile presents an imminent risk of harm to others or themselves.

DA may agree to change placement from jail to juvenile facility at any stage

The bill is the result of two specific instances in 2008 where a juvenile was killed or harmed in an adult facility while awaiting trial. The federal act that controls this area of law is scheduled to be renewed in 2009 and contains very similar language as found in HB09-1321.

Signed on 6/1/09

Justice Reinvestment Act (SB 286)

Colorado Commission on Criminal and Juvenile Justice to study sentencing practices in Colorado. The bill provides suggestions about areas related to sentencing the commission may study, including but not limited to the following: • a statewide Department of Corrections (DOC) correctional facility

management plan and potential DOC correctional facility bed limitations; • sentencing practices related to the offense of driving under restraint

and drug crimes; and • whether parole should be included in an offender's sentence or not.

requires the commission to study the impact of reducing the previously mentioned sentencing areas and the impact of incarceration on crime

rates. The commission is required to provide an update by November 30, 2009, as to its findings, recommendations, and proposed plan for the ongoing study of sentencing reform.

Sent to the Gov on 5/19/09

DR/DV Bills

Funding For Domestic Abuse Services Bill (SB 068)

Increases the fee for a marriage license ($20), the filing fee for a petition, and response fee in a dissolution of marriage action ($10), to fund domestic abuse services for married, separated, or divorced persons or their families.

Specifies that 50% of the money collected from the fee increases will be used to reimburse domestic abuse programs for services to members of the military and veterans or their families.

Effective date August, 4, 2009. Signed 5/15/09.

Immunity Liability Parenting Coordinator Bill (SB 069)

Provides that a parenting coordinator appointed by the court cannot be liable for any claim of injury during the performance of his or her duties, so long as the parenting coordinator is acting within the scope of his or her duties and the act or omission is not willful or wanton.

Does not bar a claim regarding fee charged, or negligent act involving motor vehicle operated by a parenting coordinator.

Specifies when a parenting coordinator may be required to testify or produce records. 

04/16/09, signed, effective upon passage. (Probably applies “retroactively.”)

Education/Health

Parental Leave Academic Activities Bill (HB 1057)

Involvement of parents and legal guardians in school-sponsored academic activities is critical

Allows an employee to take unpaid leave for attending parent-teacher conferences or other academic activities related to the child.

Limits the unpaid leave to 6 hours per month and 40 hours in any academic year. 3- hour increments; must have written verification from school.

Requires employee to provide at least 3 days' notice of the leave except in when employee is not aware prior to 3 days.  

05/14/2009 Sent to the Governor

Increase High School Graduation Rates (HB 1243)

Colorado statewide graduation for 2006-07 was 75%, an improvement over 2005-2006.

Students with disabilities graduate at 67%.Gaps exist within different ethic and economic groups. Kids often say that they missed school because they felt

“unsafe.” Designed to reduce student dropout rate by the creation of the office of

dropout prevention and student re-engagement in DOE. Requires the office annually to analyze attendance data and assess the

incidence, causes, and effects of student dropout, engagement, and re-engagement.

Directs the department to provide technical assistance to priority schools. Effective 5/21/09, but implementation of the office shall not begin until sufficient gifts, grants, or donations are received to fund its

operations.

Pilot program to reduce dropout rate of adolescent students (SB 123)

Creates the Healthy Choices pilot program to reduce dropout rate in public schools; goal is to enhance physical and mental health, creates a fund in the state treasury, requires use of grant money, school needs to be in a district where at least 30% of students failed to graduate from HS

Interim Commission on School Safety (HB 1025)

Establishes a 16 member legislative interim committees, 4 legislators and 12 representatives of state and local agencies (CDHS, DOE, Foster Care, Law Enforcement, School Districts Judicial). Committee will consider safe school laws, strengths and weaknesses of existing agencies how systems deal with school safety and evaluation of students with a record of behavioral or mental health disorders who pose a safety risk to other students.

Youth Corps Program (HB 1280)

This bill permits the state to participate in the National Guard's Youth Challenge Program.

The mission of the program is to develop life and work skills and increase educational levels for high school dropouts between the ages of 16 and 18. It has both an intensive 22-week residential phase and a 1-year post-residential phase.

As described by the program's website, participants receive "military-based discipline and training combined with educational instruction, experiential learning and mentoring" in the residential phase. I

Post-residential, students are paired with mentors who assist them in the "transition from the structured environment of the residential phase to self-management.“

Students have the option to join the military at the conclusion of program.

Competency of Mental Health Professionals (HB 1086)

Sets requirements for the renewal of licenses or certifications for social workers, marriage and family therapists, professional counselors, and addiction counselors.

DORA to adopt rules that must include: a test of the professional's knowledge and skills; development and implementation of a learning plan

based on the test; and periodic demonstration of the ability to practice the

profession safely.Beginning January 1, 2011, professionals must

satisfy to renew or reinstate their license to practice.

Coordinated payments for IDEA part c (HB 1237)

Modifies the statutes that provide for the system that coordinates payments between state and federal funds and private health insurance plans for early intervention services for children from birth to three years of age with developmental delays. Changes include:

requires that a child's private insurance carrier pay for services prior to the use of public funds;

requires insurance plans to pay the coverage limit into the Early Intervention Services Trust Fund for each eligible child covered;

allows the Division for Developmental Disabilities to increase coverage limits equal to an increase by the General Assembly to the annual appropriated rate to serve one child;

clarifies that the coverage limit does not apply for post-surgical rehabilitation services; and prohibits an insurer from terminating coverage or refusing to deliver services as a result of a child accessing benefits for early intervention services. Signed on 5/2/09, effective upon

Concerning assistance to the counties to implement recidivism reduction programs for the mentally ill (HB 1022)

Grant program to fund mental health courts; transitional housing or employment programs; re-entry services; alternatives to incarceration; transition services; and community corrections programs.

Recommended by the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal Justice System,

Creates a Recidivism Reduction Grant Program within DCJ to provide 3-year program implementation grants to reduce recidivism for individuals with mental illness who have been involved in the criminal justice system. Count(ies) are eligible to apply.

Signed on 5/21/09, effective upon signature

Communicable Disease Control (SB 179)

Requires HIV testing of all women during the first trimester of pregnancy or when entering the hospital for delivery if not tested during pregnancy, unless woman declines the test

Medicaid already includes HIV testing in the standard costs for treatment

Signed on 4/09/09, effective upon signature

Probate

Probate Happenings

Sandie Franklin, former Denver Probate Court Magistrate and Administrator at SCAO.

2 Probate Examiners Coming Soon! Greeley/Adams/Fort Collins Denver Springs/Pueblo/Arapahoe

Probate Code Omnibus Bill (HB 1241)

Amends provisions concerning the appointment of a guardian for a minor child by means of a signed writing.

Court may appoint a guardian ad litem to represent the interest of a PROTECTED person as well as for minor or incapacitated person.

It is designed to ensure that the intention of the trust creator or decedent is carried out, and to govern the proper distribution of assets to trust beneficiaries, heirs, and devisees.

The bill limits the applicability of the Uniform Principal and Income Act of 1955 to trusts and other interests that are not subject to the 2000 act.

Provides procedures by which trustees administering trusts, and personal representatives administering estates, allocate receipts and payments to principal and income.

Designated BeneficiaryAgreement Bill (HB 1260)

Authorizes 2 competent adults who are not married to enter into a designated beneficiary agreement, making each adult a designated beneficiary of the other.

In the absence of a superseding legal document, a designated beneficiary agreement entitles each party to: protections regarding ownership of real and personal property; Be a conservator or guardian for the other designated beneficiary (and

make medical decisions ); Be treated as a beneficiary for life insurance or health insurance; Visit the other designated beneficiary in the hospital or in a nursing

home; Inherit through intestate succession upon the death of the other

designated beneficiary; Have standing to sue for wrongful death of the other designated

beneficiary. Signed on April 4, 2009, effective upon signature

Enact Changes To Colorado Probate Code, 1 (HB 1287)

Uniform State Laws. Effective July 1, 2010.Cost-of-living adjustments, wills, parental

inheritance, step-parent adoption, and surrogacy agreements.

For purposes of inheritance through intestate succession, a parent-child relationship exists: Between child and genetic parents, regardless of marital

status; Between an adoptee and the adoptee's adoptive parent. A parent may NOT inherit if parental rights were

terminated or the child died before reaching 18 years of age and there is clear and convincing evidence that the parental rights could have been terminated.

Enact Changes To Colorado Probate Code, 2 (HB 1287)IN VITRO INHERITANCE

Addresses inheritance issues for children conceived through assisted reproduction where a child is conceived by a method of causing pregnancy other than sexual intercourse and the birth is to a woman other than a gestational carrier as follows: A third-party donor does not have a parent-child relationship with

a child conceived as a result of assisted reproduction (child of assisted reproduction) despite a genetic relationship with the child;

A parent-child relationship exists between a child of assisted reproduction and the child's birth mother;

A parent-child relationship exists between a child of assisted reproduction and the husband of the child's birth mother if the husband's sperm were used during his lifetime by his wife for assisted reproduction and the husband is the genetic father of the child, unless the husband withdraws his consent.

Enact Changes To Colorado Probate Code, 3 (HB 1287)GESTATIONAL AGREEMENTS

A parent-child relationship is conclusively established by a court order designating the parent or parents of a gestational child. A parent-child relationship between child and gestational carrier does not exist

unless the gestational carrier is designated as a parent in a court order or the gestational carrier is the child's genetic parent and a parent-child relationship does not exist with an individual other than the gestational carrier.

A parent-child relationship exists between a child of assisted reproduction and an individual other than the birth mother who intends to be treated as parent;

If no court order otherwise, the parent-child relationship exists between a gestational child and intended parent(s) who functioned as parent(s) not later than 2 years after child's birth.

Addresses what happens if the intended parent dies while the gestational carrier is pregnant or if an individual's sperm or eggs were used after the individual's death or incapacity.

Uniform Power Of Attorney Act (HB 1198)

Enacts the "Uniform Power of Attorney Act", drafted by the national conference of commissioners on uniform state laws.

Default rules govern how people can deal with their property in case of future incapacity.

The bill takes effect August 4, 2009.

Budget Bills

Flexibility to Use State Revenues (SB 228)

Removes Arveschoug-Bird 6% limitation on the growth of the general fund operating budget from the previous year’s general fund operating budget.

Limit is set at 5% of Colorado personal income, removing the “ratchet effect.”

Does not change overall TABOR limits, but allow greater latitude in determining funding priorities.

Judicial Budget Highlights

14 new probation officers and 17 new Drug Court staff.  In FY2009, we requested supplemental funding for the

mandated cost budget and received $1.3M – this is ongoing funding.

In FY2009, we requested supplemental funding for the language interpreter line and received $500K in ongoing funding.

For FY2010, we were slated to receive 12 district court judges and staff and 3 county court judges and staff.  Due to statewide budget shortfalls, these judgeships were delayed.  Some districts will get a judge in May 2010 and the rest will come on-line in July 2010.

The entire State was cut 1.82% in personal services. Should be around $4M for us across all programs. 

SCAO moves to 101 Colfax as of July 1.

CONCERNING CLARIFYING THE APPOINTMENT OF STATE-PAIDPROFESSIONALS IN CASES INVOLVING CHILDREN (SB

268)

Budget Reduction Bill Precludes the court from ordering that the State bear the cost of a CLR or a CFI

in a domestic relations proceeding unless both parties in the case are found to be indigent;

Post decree court shall make effort to minimize costs to the state, Allows the court to appoint a guardian ad litem (GAL) in truancy proceedings

only in exceptional and extraordinary circumstances; Requires the court to make specific findings that the appointment of a GAL in

certain delinquency cases is necessary to serve the child's best interests; and Clarifies when the appointment of a GAL terminates in a delinquency proceeding:

when sentence is imposed, unless the court continues the appointment because the child is sentenced to residential or community out of home placement as a condition of probation; or, when the child reaches 18, unless child has a developmental disability

Court may terminate the appointment of a GAL in delinquency on its own motion or on motion of the GAL when the appt is no longer necessary (parent/guardian/custodian appears, conflict of interest no longer exists or appt no longer serves the best interest of the child)

Signed by the Gov. on May 1, 2009, effective upon signature

Clarification Of Judicial Fees Bill (SB 038) 

Removes the repeal of the docket fees for county court civil actions.

Clarifies that the assessment for displaced homemakers applies to a petition for declaration of invalidity of marriage, legal separation, or declaratory judgment. 

Fee assessed against non-indigent person Effective July 1, 2009, for all petitions filed on or after

July 1, 2009Signed on 4/16/09

Match for County Child Care (SB 267)

Budget Package Bill. Under current law, counties are required to pay 10 percent of the cost of services for children placed in residential child care facilities in FY 2009-10. The county contribution increases to 20 percent on July 1, 2010.

This bill moves the date for the higher contribution rate forward by six months. Effective January 1, 2010, the bill changes the local contribution that counties must pay for children in the child welfare system who are placed in residential child care facilities in FY 2009-10 from 10 to 20 percent.

Signed on 5/1/09, effective upon signature

Delay Child Welfare Mental Health Pilot Bill (SB 207)

FY 08-09 Budget Balancing Bill. Delays implementation of the child welfare and mental health services pilot program (program) in the department of human services until on or before July 1, 2015.

Repeals the 2008-09 fiscal year appropriation for the program. 

03/02/2009 Governor Action - Signed

School Finance Act (SB 256)

For our purposes - an amendment to School Finance Act, EARRS is “Exceptional and At-Risk Student Services,” amends the School Finance bill to pilot the use of community educational advocates, to provide advocacy and support services for children and youth involved in truancy proceedings, and/or to offer appropriate alternatives to GAL representation.

Signed on 5/21/09

Killed Bills

Repeal And Reenact Uniform Parentage Act (HB 1286)

Colorado Commission on Uniform State Laws. Repeals and reenacts the "Uniform Parentage Act", which is contained in the "Colorado Children's Code"

To update the statutes on establishing legal parentage of children to reflect modern technologies used for conception and for genetic testing, as recommended by the national conference of commissioners on uniform state laws.

• Establishes a separate procedure for genetic testing allowing a court to order testing without a paternity action.

Bill was PI’d, but there is a workgroup meeting over the summer to bring this legislation back next session

Youth Corrections Facilities Reporting (09-1306)

Requires employees of the department of human services (department) to file an incident report any time a youth in the youth corrections system in the department claims to have been injured as a result of child abuse or neglect, the inappropriate use of force or restraint, or an assault by another person in the facility that is facilitated by a facility employee. Renfroe Nikkel PI'd

Locked Doors (HB09-1314)

Locked Doors in Daytreatment Centers Allows day treatment centers to use locked doors in order to protect the public and others in treatment

Judd, Sandoval PI 'd in senate Health and Human services

committee

Risk Assessment HB-1225

Allows a school district to conduct a risk assessment of certain students who apply for admission to a public school of the school district and who have, within the previous 6 months, been involved in circumstances related to a threat of physical harm or other act of violence.

PI’d

The End