May 21, 2013

Colorado Supreme Court: Department of Human Services Is Not “Victim” of Child Abuse and Not Entitled to Restitution for Fulfilling its Mandated Duty

The Colorado Supreme Court issued its opinion in People v. Padilla-Lopez on June 25, 2012.

CRS § 18-1.3-602—Criminal Case Restitution—“Victim”—Aggrieved by the Wrongful Conduct of the Offender—Elements of Underlying Offense—Department of Human Services.

The Supreme Court affirmed the court of appeals’ holding that the El Paso County Department of Human Services (DHS) is not a “victim” entitled to restitution under CRS § 18-1.3-602(4)(a). Because DHS is not “aggrieved by” the crime of child abuse, the restitution statute does not allow DHS to recover costs it has expended in the course of fulfilling its statutorily mandated duty to provide necessary care and guidance to dependent and neglected children.

Summary and full case available here.

HB 12-1342: Creation of the Work Therapy Program for Persons Receiving Services from the Colorado Mental Health Institute

On April 4, 2012, Rep. Claire Levy and Sen. Mary Hodge introduced HB 12-1342 – Concerning a Work Therapy Program in the Department of Human Services, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Joint Budget Committee Budget Package Bill.

The bill creates the work therapy program to provide training and employment opportunities for persons at certain facilities operated by the department of human services. The bill establishes a fund to receive payments under the program. The bill passed 2nd Reading on April 12 and is now scheduled for 3rd Reading on Monday, April 16.

Since this summary, the bill passed a Third Reading in the House, went to the Senate Appropriations Committee, where it was not amended, then passed three readings in the Senate. It is now ready to be sent to the Governor’s desk for signature.

Summaries of other featured bills can be found here.

HB 12-1276: Waivers for Licensed Child Care Agencies to Use Certain Materials in Their Curricula

On February 7, 2012, Rep. Crisanta Duran and Sen. Linda Newell introduced HB 12-1270 – Concerning Child Care Licensure Waivers for Materials Related to a Child Care Center’s Curriculum. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill allows child care centers that are subject to child care licensure regulations, including centers that are already licensed, to apply to the department of human services for waivers to use certain materials in conjunction with their curricula. Centers are required to adopt policies concerning parental notification of possible safety risks of those materials and the training of instructors in the use of those materials. The state board of human services is directed to promulgate rules concerning the criteria for denying waiver requests, as well as an appeals process for centers to utilize if their waiver request is denied. Whenever practicable, the department shall use the same inspector for multiple visits to a center or a group of commonly owned centers seeking a waiver. The department shall not post any negative licensing action related to a center’s request for a waiver until the appeals process is final.

The bill has cleared the House and is through the Health and Human Services Committee in the Senate; the bill awaits 2nd Reading in the Senate.

Since this summary, the bill passed the Senate’s Second Reading with amendments and passed a Third Reading. The House considered the Senate’s amendments and the result was laid over daily.

Summaries of other featured bills can be found here.

HB 12-1226: Addition of Surcharge to Crimes Against At-Risk Individuals to be Allocated to New Surcharge Fund

On February 6, 2012, Rep. Mark Barker and Sen. Irene Aguilar introduced HB 12-1226 – Concerning a Surcharge on Persons Convicted of Crimes Against At-Risk Persons, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill imposes a surcharge on persons convicted of crimes against at-risk adults and at-risk juveniles. Once collected, the surcharge is transferred to the crimes against at-risk persons surcharge fund. The state office on aging shall distribute moneys from the fund to a fiscal agent who will oversee the award of moneys to programs that provide respite services for caregivers of at-risk adults or at-risk juveniles. Programs receiving moneys from the fund must comply with provisions concerning the use of funds and reporting requirements.

The court is permitted to waive some or the entire surcharge if the person convicted of the crime is indigent or unable to pay the surcharge. The surcharge applies to offenses committed on or after July 1, 2012. The bill passed 2nd Reading on Friday, March 9.

Since this summary, the bill passed the Third Reading in the House.

Summaries of other featured bills can be found here.

SB 12-104: Consolidation of Funding for Adult and Juvenile Substance Abuse Treatment

On January 31, 2012, Sen. Pat Steadman and Rep. Brian DelGrosso introduced SB 12-104 – Concerning Consolidation of Drug Treatment Funding Into the Correctional Treatment Fund. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, there are three major state funding sources for substance abuse treatment. The bill consolidates the three sources into the correctional treatment cash fund. The bill creates the correctional treatment board that will prepare an annual treatment plan that the Judicial Department shall include in its annual presentation to the Joint Budget Committee. The board shall review information regarding drug treatment programs in the state provided by the department of human services and suggestions from judicial district drug treatment boards before preparing the annual treatment plan.

Currently, the drug treatment board for each judicial district recommends allocations of moneys for local drug treatment needs from one of the existing treatment funds. Each judicial district drug treatment board will be expanded to include a community corrections board chair, a local parole officer, a person with expertise in juvenile matters, and a county sheriff. The judicial district drug treatment boards will make suggestions to the board regarding assessed local drug treatment needs. On February 16, the Finance committee approved the bill and sent it to the Appropriations Committee for action; the bill is not listed on the printed calendar.

Protected

2013-05-21 01:34:24