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CMP Legislation

 

CHAPTER 353

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CHILDREN AND DOMESTIC MATTERS

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HOUSE BILL 04-1451 [Digest]

BY REPRESENTATIVE(S) Clapp, Berry, Boyd, Butcher, Coleman, Frangas, Hefley, Jahn, Johnson R., Merrifield, Paccione, Stafford, Tochtrop, Williams S., and Harvey;

also SENATOR(S) Reeves, Keller, Sandoval, Taylor, and Windels.

AN ACT

Concerning the collaborative management of multi-agency services provided to children.

Be it enacted by the General Assembly of the State of Colorado:

  SECTION 1.  Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 1.9

Collaborative Management of Multi-agency Services

Provided to Children and Families

  24-1.9-101.  Legislative declaration. (1)  The general assembly hereby finds that children and families who receive child welfare services often benefit from treatment and services that involve multiple agencies, divisions, units, and sections of departments at the state and county level.

  (2)  The general assembly further finds that the development of a uniform system of collaborative management is necessary for agencies at the state and county levels to effectively and efficiently collaborate to share resources or to manage and integrate the treatment and services provided to children and families who benefit from multi-agency services.

  (3) (a)  The development of a more uniform system of collaborative management that includes the input, expertise, and active participation of parent advocacy or family advocacy organizations may reduce duplication and eliminate fragmentation of services; increase the quality, appropriateness, and effectiveness of services provided; encourage cost-sharing among service providers; and ultimately lead to better outcomes and cost-reduction for the services provided to children and families in the child welfare system, including the foster care system, in the state of Colorado.

  (b)  In addition, the general fund moneys saved through utilizing a collaborative approach and consolidating various sources of agency funding will allow for reinvestment of these moneys by the agencies participating in the systems of collaborative management to provide appropriate support to children and families who would benefit from collaborative management of treatment and services.

  (4)  The general assembly therefore finds that because a collaborative approach may lead to the provision of more appropriate and effective delivery of services to children and families and may ultimately allow the agencies providing treatment and services to provide appropriate services to children and families within existing consolidated resources, it is in the best interests of the state of Colorado to establish systems of collaborative management of multi-agency services provided to children and families.

  24-1.9-102.  Memorandum of understanding - local-level interagency oversight groups - individualized service and support teams - coordination of services for children and families - requirements - waiver. (1) (a)  Local representatives of each of the agencies specified in this paragraph (a) and county departments of social services may enter into memorandums of understanding that are designed to promote a collaborative system of local-level interagency oversight groups and individualized service and support teams to coordinate and manage the provision of services to children and families who would benefit from integrated multi-agency services. The memorandums of understanding entered into pursuant to this subsection (1) shall be between interested county departments of social services and local representatives of each of the following agencies:

  (I)  The local judicial districts, including probation services;

  (II)  The health department, whether a county, district, or regional health department;

  (III)  The local school district or school districts;

  (IV)  Each community mental health center; and

  (V)  Each mental health assessment and service agency.

  (b)  The general assembly strongly encourages the agencies specified in paragraph (a) of this subsection (1) to enter into memorandums of understanding that are regional.

  (c)  Notwithstanding the provisions of paragraph (b) of this subsection (1), the agencies specified in paragraph (a) of this subsection (1) may enter into memorandums of understanding involving only one or more county departments of social services, not necessarily by region, as may be appropriate to ensure the effectiveness of local-level interagency oversight groups and individualized service and support teams in the county or counties.

  (d)  In developing the memorandums of understanding, the general assembly strongly encourages the parties to the memorandums of understanding specified in paragraph (a) of this subsection (1) to seek input, support, and collaboration from key stakeholders in the private and non-profit sector, as well as parent advocacy or family advocacy organizations that represent family members or caregivers of children who would benefit from multi-agency services.

  (e)  Nothing shall preclude the agencies specified in paragraph (a) of this subsection (1) from including parties in addition to the agencies specified in paragraph (a) of this subsection (1) in the memorandums of understanding developed for purposes of this section.

  (2) (a)  Each memorandum of understanding entered into shall include, but is not limited to, the requirements specified in paragraphs (b) to (j) of this subsection (2). On or before October 1, 2004, utilizing moneys in the performance incentive cash fund created in section 26-5-105.5 (3.2) (a), C.R.S., the state department of human services, in conjunction with the judicial department, shall develop and make available to the parties specified in paragraph (a) of subsection (1) of this section, a model memorandum of understanding based on the requirements specified in paragraphs (b) to (j) of this subsection (2).

  (b)  Identification of services and funding sources. The memorandum of understanding shall specify the legal responsibilities and funding sources of each party to the memorandum of understanding specified in paragraph (a) of subsection (1) of this section as those responsibilities and funding sources relate to children and families who would benefit from integrated multi-agency services, including the identification of the specific services that may be provided. Specific services that may be provided may include, but are not limited to: Prevention, intervention, and treatment services; family preservation services; family stabilization services; out-of-home placement services; services for children at imminent risk of out-of-home placement; probation services; services for children with mental illness; public assistance services; medical assistance services; child welfare services; and any additional services which the parties deem necessary to identify.

  (c)  Definition of the population to be served. The memorandum of understanding shall include a functional definition of "children and families who would benefit from integrated multi-agency services".

  (d)  Creation of an oversight group. The memorandum of understanding shall create a local-level interagency oversight group and identify the oversight group's membership requirements, procedures for selection of officers, procedures for resolving disputes by a majority vote of those members authorized to vote, and procedures for establishing any necessary subcommittees of the interagency oversight group. Each interagency oversight group shall include a local representative of each party to the memorandum of understanding specified in paragraph (a) of subsection (1) of this section, each of whom shall be a voting member of the interagency oversight group. In addition, the interagency oversight group may include, but is not limited to, the following advisory nonvoting members:

  (I)  Representatives of interested local private sector entities; and

  (II)  Family members or caregivers of children who would benefit from integrated multi-agency services or current or previous consumers of integrated multi-agency services.

  (e)  Establishment of collaborative management processes. The memorandum of understanding shall require the interagency oversight group to establish collaborative management processes to be utilized by individualized service and support teams authorized pursuant to paragraph (f) of this subsection (2) when providing services to children and families served by the parties to the memorandum of understanding. The collaborative management processes required to be established by the interagency oversight group shall address risk-sharing, resource-pooling, performance expectations, outcome-monitoring, and staff-training, and shall be designed to do the following:

  (I)  Reduce duplication and eliminate fragmentation of services provided to children or families who would benefit from integrated multi-agency services;

  (II)  Increase the quality, appropriateness, and effectiveness of services delivered to children or families who would benefit from integrated multi-agency services to achieve better outcomes for these children and families; and

  (III)  Encourage cost-sharing among service providers.

  (f)  Authorization to create individualized service and support teams. The memorandum of understanding shall include authorization for the interagency oversight group to establish individualized service and support teams to develop a service and support plan and to provide services to children and families who would benefit from integrated multi-agency services.

  (g)  Authorization to contribute resources and funding. The memorandum of understanding shall specify that each party to the memorandum of understanding specified in paragraph (a) of subsection (1) of this section has the authority to contribute time, resources, and funding to solve problems identified by the local-level interagency oversight group in order to create a seamless, collaborative system of delivering multi-agency services to children and families, upon approval by the head or director of each agency or department specified in paragraph (a) of subsection (1) of this section.

  (h)  Reinvestment of moneys saved to serve additional children and families. (I)  The memorandum of understanding shall require the interagency oversight group to create a procedure, subject to approval by the head or director of each agency or department specified in paragraph (a) of subsection (1) of this section, to allow any moneys resulting from waivers granted by the federal government and any state general fund savings realized as a result of the implementation of the collaborative system of management of multi-agency services provided to children and families related to the funding sources specified by the parties to the memorandum of understanding pursuant to paragraph (b) of this subsection (2) to be reinvested by the parties to the memorandum of understanding to provide appropriate services to children and families who would benefit from integrated multi-agency services, as such population is defined by the memorandum of understanding pursuant to paragraph (c) of this subsection (2).

  (II)  A county that has implemented a collaborative management process for services to children and families, which services are not included as services to be provided to children and families who would benefit from integrated multi-agency services in the memorandum of understanding pursuant to paragraph (b) of this subsection (2), and that underspends the general fund portion of its capped or targeted allocation may use the general fund portion of its capped or targeted allocation for provision of existing services for such children and families in the county.

  (i)  Performance-based measures. The memorandum of understanding shall include a provision stating whether the parties to the memorandum of understanding will attempt to meet performance measures specified by the department of human services and elements of collaborative management, as defined by rule of the state board of human services. If the parties to the memorandum of understanding agree to attempt to meet the performance measures and elements of collaborative management, the memorandum of understanding shall require the interagency oversight group to create a procedure, subject to the approval of the head or director of each agency or department specified in paragraph (a) of subsection (1) of this section, to allow any incentive moneys received by the department of human services and allocated pursuant to section 24-1.9-104, to be reinvested by the parties to the memorandum of understanding to provide appropriate services to children and families who would benefit from integrated multi-agency services, as such population is defined by the memorandum of understanding pursuant to paragraph (c) of this subsection (2).

  (j)  Confidentiality compliance. The memorandum of understanding shall include a provision specifying that state and federal law concerning confidentiality shall be followed and that records used or developed by the interagency oversight group or its members or the individualized service and support teams that relate to a particular person are to be kept confidential and may not be released to any other person or agency except as provided by law.

  (3)  Each department or division, section, unit, or agency within a department that is a party to the memorandum of understanding shall enter into the memorandum of understanding and all revisions to the memorandum. Revisions to the memorandum shall be developed as necessary to reflect department reorganizations or statutory changes affecting the departments that are parties to the memorandum.

  (4)  The departments and agencies that provide oversight to the parties to the memorandum of understanding specified in paragraph (a) of subsection (1) of this section are authorized to issue waivers of any rules to which the departments and agencies are subject and that would prevent the departments from effective implementation of the memorandums of understanding, however, the departments and agencies are prohibited from waiving a rule in violation of federal law or that would compromise the safety of a child.

  24-1.9-103.  Reports - executive director review. (1)  Commencing January 1, 2007, and on or before each January 1 thereafter, each interagency oversight group shall provide a report to the executive director of each department and agency that is a party to any memorandum of understanding entered into that includes:

  (a)  The number of children and families served through the local-level individualized service and support teams and the outcomes of the services provided, including a description of any reduction in duplication or fragmentation of services provided and a description of any significant improvement in outcomes for children and families;

  (b)  A description of estimated costs of implementing the collaborative management approach and any estimated cost-shifting or cost-savings that may have occurred by collaboratively managing the multi-agency services provided through the individualized service and support teams;

  (c)  An accounting of moneys that were reinvested in additional services provided to children or families who would benefit from integrated multi-agency services due to cost-savings that may have resulted or due to meeting or exceeding performance measures specified by the department of human services and elements of collaborative management established by rule of the state board;

  (d)  A description of any identified barriers to the ability of the state and county to provide effective services to persons who received multi-agency services; and

  (e)  Any other information relevant to improving the delivery of services to persons who would benefit from multi-agency services.

  (2) (a)  Utilizing the reports created pursuant to subsection (1) of this section, the persons specified in paragraph (b) of this subsection (2) shall meet at least annually with the governor, or his or her designee, to review the activities and progress of counties and agencies engaged in collaborative management of multi-agency services provided to children and families. The purpose of the meeting shall be to identify barriers encountered in collaborative management development or implementation or reinvestment of moneys and to discuss and effectuate solutions to these barriers to achieve greater efficiencies and better outcomes for the state, for local communities, and for persons who would benefit from multi-agency services.

  (b)  The following persons or their designees shall attend the annual meeting required pursuant to paragraph (a) of this subsection (2):

  (I)  The commissioner of education;

  (II)  A superintendent of a school district that has entered into a memorandum of understanding and has met or exceeded the performance measures specified by the department of human services and the elements of collaborative management established by rule of the state board, as such superintendent is selected by the commissioner of education;

  (III)  A director of a county department of social services that has entered into a memorandum of understanding and has met or exceeded the performance measures specified by the department of human services and the elements of collaborative management established by rule of the state board, as such director is selected by the executive director of the department of human services;

  (IV)  The executive director of the department of health care policy and financing;

  (V)  The executive director of the department of human services;

  (VI)  A director of a local mental health center that has entered into a memorandum of understanding and has met or exceeded the performance measures specified by the department of human services and the elements of collaborative management established by rule of the state board, as such director is selected by the executive director of the department of human services;

  (VII)  A representative from a statewide parent advocacy or family advocacy organization who participated in the development of a memorandum of understanding, as such representative is selected by a director of a county department of social services chosen by the state department of human services.

  (VIII)  The executive director of the department of public health and environment; and

  (IX)  The chief justice of the Colorado supreme court.

  24-1.9-104.  Cash fund - creation - grants, gifts, and donations. (1)  On July 1, 2005, there shall be created in the state treasury the performance-based collaborative management incentive cash fund, which shall be referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the department of human services for state fiscal year 2005-06 and each fiscal year thereafter. On July 1, 2006 the state treasurer shall transfer the moneys in the performance incentive cash fund created pursuant to section 26-5-105.5 (3.2) (a), C.R.S., to the fund. In addition, on July 1, 2006, the state treasurer shall transfer the moneys remaining in the family stabilization services fund created pursuant to section 19-1-125, C.R.S., to the fund. The fund shall also consist of moneys received from docket fees in civil actions as specified in section 13-32-101 (1) (a), C.R.S.

  (2)  The executive director of the department of human services is authorized to accept and expend on behalf of the state any grants, gifts, or donations from any private or public source for the purposes of this section. All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund in addition to moneys credited pursuant to subsection (1) of this section and any moneys that may be appropriated to the fund directly by the general assembly. All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund of the state or any other fund at the end of any fiscal year.

  (3) (a)  On and after July 1, 2005, the executive director of the department of human services shall allocate the moneys in the fund to provide incentives to parties to a memorandum of understanding who have agreed to performance-based collaborative management pursuant to section 24-1.9-102 (2) (i) and who have successfully implemented the elements of collaborative management specified by rule of the state board and also met or exceeded the performance measures specified by the department of human services. The incentives shall be used to provide services to children and families who would benefit from integrated multi-agency services, as such population is defined by the memorandum of understanding pursuant to section 24-1.9-102 (2) (c).

  (b)  For purposes of allocating incentive moneys in the fund pursuant to this subsection (3), the executive director of the department of human services shall submit an accounting of moneys in the fund available for incentives and a proposal for the allocation of incentive moneys to the state board of human services for review and approval prior to the allocation of the moneys. The state board of human services shall approve the proposal not later than thirty days after receipt of the proposal from the executive director of the department of human services.

  SECTION 2.  26-5-105.5 (3.2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

  26-5-105.5.  State department integrated care management program - county performance agreements - authorized - performance incentive cash fund created - repeal. (3.2) (c)  This subsection (3.2) is repealed, effective July 1, 2006, and on July 1, 2006, the state treasurer shall transfer the moneys in the performance incentive cash fund to the performance-based collaborative management incentive cash fund created pursuant to section 24-1.9-104, C.R.S.

  SECTION 3.  19-1-125 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

  19-1-125.  Family stabilization services - repeal. (2) (d) (I)  This subsection (2) is repealed, effective July 1, 2006.

  (II)  On July 1, 2006, the state treasurer shall transfer all of the moneys in the family stabilization services fund to the performance-based collaborative management incentive cash fund created pursuant to section 24-1.9-104, C.R.S.

  (III)  On July 1, 2005, the moneys credited by the state treasurer to the family stabilization services fund pursuant to paragraph (a) of this subsection (2) which are not transmitted to the performance incentive cash fund pursuant to paragraph (b) of this subsection (2) shall be transmitted to the state treasurer for deposit in the performance-based collaborative management incentive cash fund created in section 24-1.9-104, C.R.S.

  SECTION 4.  13-32-101 (1) (a), Colorado Revised Statutes, is amended to read:

  13-32-101.  Docket fees in civil actions - judicial stabilization cash fund - support registry fund created. (1)  At the time of first appearance in all civil actions and special proceedings in all courts of record, except in the supreme court and the court of appeals, and except in the probate proceedings in the district court or probate court of the city and county of Denver, and except as provided in subsection (2) of this section and in sections 13-32-103 and 13-32-104, there shall be paid in advance the total docket fees, as follows:

  (a)  By the petitioner in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage and by the petitioner in an action for a declaratory judgment concerning the status of marriage, prior to July 1, 2003, a fee of ninety dollars, and, on or after July 1, 2003, a fee of one hundred thirty dollars; fifteen dollars of such fee shall be transmitted to the state treasurer for deposit in the Colorado children's trust fund, created in section 19-3.5-106, C.R.S., and, for fiscal years 2002-03 and 2003-04, the remainder shall be transmitted to the state general fund. On and after July 1, 2004, but prior to July 1, 2006, the remaining one hundred fifteen dollars of the fee shall be transmitted to the state treasurer for deposit in the family stabilization services fund, created in section 19-1-125, C.R.S.; and, on and after July 1, 2006, the remaining one hundred fifteen dollars of the fee shall be transmitted to the state treasurer for deposit in the performance-based collaborative management incentive cash fund created in section 24-1.9-104, C.R.S.; and, on and after March 18, 2003, the docket fee shall be increased by forty-five dollars, and the additional revenue generated by such increase shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in subsection (1.5) of this section.

  SECTION 5.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Approved: May 28, 2004

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Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.

 

If you have any questions regarding the Collaborative Management Program, please contact Norm Kirsch at  303-866-5936.

revised 02/07/2011