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					                              MINUTES OF
                  THE STATE BOARD OF HUMAN SERVICES
                             WORK SESSION

                               September 8, 2006



Board         Dr. Carole Custer, chaired as Youlon Savage absent
Present:      Mr. Bruce Bass
              Commissioner Gregory Etl
              Dr. Arthur Hogling
              Ms. Lynn Johnson
              Commissioner Dave Long
              Ms. Jean Soddy
              Commissioner Wayne Wolf

Present:      Robert Wonnett
              Mary V. McGhee
              Pamela D. Ryken
              Dr. John Witwer
              Dr. Cordelia Robinson of JFK Partners
              Dr. Steve Rosenberg of University of Colorado Health Sciences
               Center (UCHSC), Department of Psychiatry


The Colorado State Board of Human Services held an open Work Session on
Friday September 8, 2006, at the Colorado Department of Human Services,
Conference Room 4/A and 4/B, 1575 Sherman Street Denver Colorado 80203.
Dr. Carole Custer, Vice-Chair, Brought the work session to order at 8:35 a.m.

CAPTA AND EARLY INTERVENTION PRESENTATION

Dr. Cordelia (Cordy) Robinson of JFK Partners and Dr. Steve Rosenberg of
UCHSC Dept. of Psychiatry distributed two handouts: 1) Implementing Part C
Provisions Required Under CAPTA (Child Abuse Prevention and Treatment Act)
and IDEA (Individuals with Disabilities Education Act), and 2) Allowable EI (Early
Intervention) Services under Part C of IDEA.

The discussion reviewed the role Part C and Child Welfare. It was stated that
some of the limitations in the Part C system include insufficient service capacity,
difficulty in coordinating funding and the lack of staff prepared to work with
children who are maltreated and their families. It was also stated that for the
system to work, interagency collaboration is a must as well as consistency
throughout the systems. Training and adequacy throughout the state will be
needed in order to be consistent as well as new skills and models need to be
used.

Early intervention services were explained. The definition, the role of service
providers and types of allowable EI services were discussed.
Page 2        Minutes of the Work Session of the State Board of Human Services
              September 8, 2006



Ms. Johnson asked about the research and what was found. Dr. Rosenberg
responded that it was hard to tell. Intake workers were able to recognize about
half of the children that needed services. Ms. Robinson added that the families
are pretty aggressive in pursuing services. Referral to determine eligibility is a
key part to recognizing the children who need services.

Ms. Snoddy inquired about the family unit and asked how they looked at the
whole family. What would that look like? Dr. Robinson replied that there was a
need across agencies. Nebraska has a project where they “brokered” services
across agencies “at the table” to develop a plan. It takes a culture that we’re all
in this together. Dr. Rosenberg added that part of what happened is that funding
shifted to Medicaid, to insurance, so instead of prevention and diagnosis as
general things...now there are some good things, but what’s delivered is the
payment system.

Dr. Custer then asked what was the next step. Dr. Robinson responded such
things as hearing from groups like this as to a recommended service model that
would look at a more comprehensive approach; legislation that would mandate
insurance participation; put together an integrated/coordinated billing network;
mandate for developmental intervention. Dr. Custer then asked who is going to
do this? Dr. Robinson replied that early childhood intervention is drafting some
legislation to address some of these issues. Hearing from Human Services in
looking at this more fundamental approach rather than disciplines would be
helpful in early intervention; have lost the “public health” nursing that used to be
helpful.

Dr. Custer thanked Dr. Rosenberg and Dr. Robinson for their presentation.

DEVELOPMENTAL DISABILITIES COUNCIL MULTI-CULTURAL COMMITTEE

Jean Snoddy presented as Rhonda Williams had a family emergency this
morning and was unable to attend the meeting. Jean is the past chair of the
DDC (Developmental Disabilities Council) Multi-Cultural Committee. A handout
was distributed on goals and related information. The focus is on the goal to
develop a committee that includes self-advocates, parents, relatives and friend of
individuals with developmental disabilities who will develop strategies for
reaching out to ethnic and racial minority groups who are in unserved and
underserved populations in Colorado; put out RFP for grants in target
communities. Two grantees were funded: 1) Spanish speaking families and
2) for African American families. Empowerment is a key concept. Ms. Snoddy
was somewhat concerned about this committee continuing; it has not been
determined if funding will continue due to reorganization of the Council.
Page 3       Minutes of the Work Session of the State Board of Human Services
             September 8, 2006



Ms. McGhee then asked what is the timeframe for determining funding, what
would be helpful; was support needed? Dr. Custer inquired if there are other
ways that the Board could be of help? Ms. Snoddy replied that there are
probably some ways. Maybe a letter of support to the Council. There has been
recognition of some value of the committee. Dr. Custer then stated that perhaps
in a future Work Session the Chair and staff of the DD Council could come talk to
the Board.

Commissioner Long asked if there is there any way to adapt what the committee
has done into the five-year plan or elements of this? Dr. Custer then asked if the
five-year plan been submitted and approved? Ms. McGhee replied that the State
had asked the Council to restructure some of it before sending to the Executive
Director for signature. She believes that giving direction to the Council to
incorporate this would be helpful as the plan is very general right now.

Ms. Snoddy added that there has been some concerns regarding output of the
DD Council based on how much money they are funded.

Dr. Custer thanked Ms. Snoddy for the information. Ms. McGhee stated that staff
may not be able to schedule the DD Council in a Work Session until January
based on other topics scheduled, but may be able to ask certain questions of that
group. Staff will work on this.

CBMS PRESENTATION

Dr. John Witwer distributed a Colorado Benefits Management System (CBMS)
handout dated September 8, 2006. He thinks it has been about a year since he
last met with the Board and believes there is some good news. Where is the
press when there is good news? This creates a single system rather the
previous six systems; the average programs per client has increased. Most
clients are medical, CHIP, and food stamps. He spoke of the emergency call
center which had a precipitous drop in volume. Approximately three out of four of
the calls received are not emergency, they are client, caseworker or computer
issues. There are about 40-50 true incident calls each week. Only one each in
July and August, which were computer-related and fixed. The final cases are
99.8% complete and staff are working with the counties on clearing these. There
are some additional fixes to be put into the system. The call center will continue
as a service for clients. The June 6th trial was vacated and has not been
rescheduled; continue with settlement negotiations.

Three groups of issues are being worked on: computer, caseworker, or a
combination.
Page 4       Minutes of the Work Session of the State Board of Human Services
             September 8, 2006



Commissioner Long stated that he appreciates Dr. Witwer’s services in this.
What is the next phase? What about a workload study? Dr. Witwer said that
they want the study as objective as possible. The major thrust is catching up
with resource constraints, especially making the system more user friendly.
Commissioner Etl inquired about page 22 of the handout regarding training, that
counties were limited as to how many could attend training. Any truth to that?
Dr. Witwer replied there are some concerns with that such as resource limits.
Some counties are sending folks to supervisor class then they go back and train
the workers. They are trying to move the training programs around the State.
CBMS is a difficult system.

Dr. Custer then thanked Dr. Witwer for his work on this project.

PHOTO ID’s

Deena Cogman was available at this time for the Board members to take photos
for State IDs.

Work Session adjourned at 10:00 a.m.




                           COLORADO STATE BOARD OF HUMAN SERVICES
                         MINUTES OF
             THE STATE BOARD OF HUMAN SERVICES
                    RULE-MAKING SESSION
                              September 8, 2006



Board        Dr. Carole Custer, Vice Chair
Present:     Mr. Bruce Bass
             Commissioner Gregory Etl
             Dr. Arthur Hogling
             Ms. Lynn Johnson
             Commissioner Dave Long
             Ms. Jean Soddy
             Commissioner Wayne Wolf

Present:     Marva Livingston-Hammons
             Robert Wonnett
             Mary V. McGhee
             Pamela D. Ryken
             Dana Andrews
             Patricia (Trish) Logan
             Pam Neu
             Chantal Smith
             Herb Betts
             David Powell
             Wade Livingston - Department of Law
             Paula Sandoval – State Legislator
             Linda Meric – 9 to 5, Nat'l Assn. of Working Women, All Families
                Deserve a Chance Coalition
             Aletta Bode – CPA Network
             Jim Downey – Attorney from Ft. Collins
             Jackie Blandin - Individual
             Maria Perez – Individual
             Beverly Easton – Adoptive parent
             Rosemary Van Gorder – Individual representing parents in
                dependency and neglect cases
             Sharon L. Goodnight – Parent

******************************************************

The Colorado State Board of Human Services held an open rule-making session
on Friday, September 8, 2006, at the Colorado Department of Human Services,
Conference Room 4A/B, 1575 Sherman Street, Denver, Colorado 80203.
Dr. Carole Custer, Vice Chair, brought the session to order at 10:15 a.m.
Dr. Custer asked if there were any opening comments not related to items on the
Board’s rule-making agenda.
Page 2        Minutes of meeting of the State Board of Human Services
              September 8, 2006



OPEN COMMENTS PERIOD

Jim Downey, attorney from Ft. Collins, spoke regarding children with multiple
problems and in multiple placements; there need to be protections. Many
children have attachment disorders which are sometimes due to their multiple
placements. He would like the Board to ask the Department for statistics on
multiple placements and start working on solutions to this problem. He has three
individuals with him who have taken children with multiple placements into their
care. He spoke of how these individuals/foster parents/caretakers are treated.
He calls these people heroes. The children's anger/attachment disorders can
continue into adulthood. Ms. Johnson inquired about what has been done. Mr.
Downey replied that some things have been done; however, there are still
problems with children being bounced around. Commissioner Wolf stated that, as
an example, about 20 years ago they had taken in a child that had many
problems with stealing and lying, etc., and subsequently ended up in many foster
homes. Dr. Custer thanked Mr. Downey for bringing this to the Board’s attention.

Rosemary Van Gorder and Sharon Goodnight of Larimer County dovetailed with
Mr. Downey’s presentation on multiple placements of children. Ms. Van Gorder
asked that another look be taken on reasonable efforts. More can be done at the
county level up front, including interventions. She asked if kids are still going out
of home first rather than being maintained in their own homes. Ms. Goodnight
added that she felt it was virtually impossible for the parents to defend
themselves. They feel that they are forced to cooperate. Many families are
indigent. Treatment plans can last for two years; the parents are treated as
criminals and guilty. The parents can ask for a jury trial, but a summary
judgment can take that away. She also felt that the rules and regulations are not
being followed. Ms. Van Gorder stated that navigating the complaint process is a
nightmare for parents. Parents should have a right to air their complaints. She
felt that treatment plans are cookie cutter, not specific for the family. Ms.
Goodnight went on to state that there really is no due process for parents. She
would like the Board to look at it closer and have an outside entity look at these
issues. Commissioner Wolf stated that somebody has come in to talk about
methamphetamines and the community. Is there somebody in the community
who could offer assistance, perhaps a system of volunteers.

Hearing these concerns, Dr. Custer moved forward with the Session.

Dr. Custer moved approval of Minutes from the August 4th meetings, Ms.
Johnson seconded; the Board approved the August 4th Minutes by unanimous
vote.
Page 3       Minutes of meeting of the State Board of Human Services
             September 8, 2006



Date of Next State Board Meeting: October 6, 2006, beginning at 10:00 a.m. at
the Comfort Inn, 6301 US 160, Alamosa CO 81101

Proposed Date of November Rule-making Session: November 3, 2006,
beginning at 10:00 a.m. at the Colorado Department of Human Services,
1575 Sherman Street, Conference Room 4A/B, Denver, Colorado 80203

Dr. Custer moved to proceed with the rule-making session, Ms. Snoddy
seconded; the Board approved moving into the rule-making session.

COMPLETE REPORT OF RULES ADOPTED OR APPROVED AS SPECIFIED:

The Board adopted the following rules as final (permanent) emergency rules:

Document 1 Revisions to the Social Services Rules Concerning Implementing
06-6-16-1  Child Care Licensing Provisions of SB 06-199. This rule change is
           necessary because of S.B. 06-199, which goes into effect on
           August 7, 2006. The law made numerous changes to the Child
           Care Licensing Act which require changes to these rules. These
           rule changes define Children’s Resident Camp and Cradle Care
           Home as new types of child care facilities. The rules exempt from
           licensing special schools or classes operated primarily for religious
           instruction or for a single skill-building purposes. The rules define
           what “occasional care” of children means; the process for a foster
           home to be certified by a county department or child placement
           agency and licensed by the State Department for child care; the
           process that needs to occur when the operating entity of a child
           care facility or agency receives a new federal employee
           identification number; and, outlines training for providers of cradle
           care home services that are substantially similar to the training
           required of adoptive parents. The rules also change the fingerprint
           requirement to any adult who is eighteen years of age or older for
           all employees, newly hired employees, and adults residing in the
           home. The rule exempts the requirement for an FBI check for out-
           of-state employees of school-age child care centers that are in
           operation for fewer than ninety days. Dr. Custer moved Document
           1 for discussion. Dana Andrews of the Division of Child Care
           presented the rule for final (permanent) adoption of emergency
           rules. There were no changes since last month and no further
           public input has been received. No one was present to testify. Dr.
           Custer moved to adopt Document 1, Ms. Johnson seconded; the
           Board adopted Document 1 by unanimous vote.
Page 4       Minutes of meeting of the State Board of Human Services
             September 8, 2006



The Board adopted the following rules as final (permanent) emergency rules
(continued):

Document 2 Revisions to the Income Maintenance and Social Services Rules
06-6-26-1  Concerning Mandatory Fingerprint Background Checks for Legally
           Exempt Providers receiving Colorado Child Care Assistance
           Program (CCCAP) Funds Pursuant to SB 06-045. S.B. 06-045
           exempt family child care home providers submit to a fingerprint-
           based criminal background check along with a review of the
           records and reports of child abuse or neglect maintained by the
           State Department in order to contract with the State Department, or
           its agent, for Colorado Child Care Assistance Program (CCCAP)
           funds. This rule makes it mandatory for all exempt family child care
           home providers who receive funds from the Colorado Child Care
           Assistance Program to pay an administrative fee and the costs of
           completing a fingerprint-based criminal background check. The
           background check will be submitted through the Colorado Bureau
           of Investigation (CBI). If the qualified adult has lived in Colorado for
           less than two years they shall be required to have a Federal Bureau
           of Investigation (FBI) background check completed in addition to
           the CBI background check. This will also include a review of the
           records and reports for child abuse and neglect maintained by the
           State Department. The State Department, or its agent, will not issue
           or renew a contract for payment of money under CCCAP for an
           exempt family child care home provider if they fail to submit to the
           background check or provide fingerprints for a qualified adult 18
           years of age and over who resides in their home. The rule also
           requires that based on conviction of certain crimes, and/or the
           provider has been determined to be mentally incompetent or insane
           and unable to operate a exempt family child care home provider, or
           has been found responsible for a confirmed report of child abuse or
           neglect, the State or county department shall not issue or renew a
           fiscal agreement, or provide CCCAP funds to the provider for child
           care assistance. The statute allows an exempt family child care
           home provider to receive money from CCCAP for a period of up to
           sixty (60) days from the date of the background check packet was
           received by the State and pending results of the background check.
           The provider must first sign an assurance form indicating that they
           have never been found insane or criminally incompetent by a court
           of competent jurisdiction. The emergency rule change is necessary
           to ensure that policy follows statute since the General Assembly
           found this act necessary for the immediate preservation of the
Page 5       Minutes of meeting of the State Board of Human Services
             September 8, 2006



The Board adopted the following rules as final (permanent) emergency rules
(continued):

Document 2 public peace, health and safety. Dr. Custer moved Document 2 for
(cont'd)   discussion. Patricia (Trish) Logan of the Division of Child Care
           presented this rule for final adoption of emergency rules. Some
           minor changes were made in language. Also change to the fees on
           circle page 13, as they were incorrect in covering costs. Some
           language clarifications were distributed in the Board's “pink packet”
           of handouts. Commissioner Long inquired why the fees went up.
           Ms. Logan said that there are less people to cover the costs in the
           second year. Commissioner Etl brought up a concern with the 60-
           day timeframe. Ms. Logan replied that it is her understanding that
           the legislation was trying to duplicate child care timeframes and the
           Division is working on legislative change on this. Commissioner Etl
           then asked another question, as an example, a kid going to
           grandmother’s house. Ms. Logan replied that the child care is
           being provided by whomever is watching the child, if grandma
           wants to receive the CCCAP money. Dr. Custer moved to adopt
           Document 2, incorporating the recommended changes, Ms.
           Johnson seconded; the Board adopted Document 2, as amended,
           by unanimous vote.

Document 3 Revisions to the Social Services Rules Concerning Therapeutic
06-7-19-2  Residential Child Care Facility (TRCCF) Rate Setting Process and
           Appeals Procedure. These rules define the 2006-07 rate setting
           process for Therapeutic Residential Child Care Facilities (TRCCF).
           Rules do not exist that define the Department’s process to set
           rates. Additionally, the rule includes information on the provider
           appeal process. Dr. Custer moved Document 3 for discussion.
           Judy Rodriguez and Pam Neu of Child Welfare Services presented
           this rule for final adoption of emergency rules. There were some
           technical changes to the forms and text as corrections since last
           month. There were no substantive comments, but Commissioner
           Wolf asked if staff would explain what areas do IV-E and V-E cover.
           Ms. Rodriguez explained that Title IV of Social Security Act covers
           several areas. IV-D is child support. IV-E covers care for poor
           children, and a portion of costs for staff and training. Dr. Custer
           moved to adopt Document 3, Commissioner Etl seconded; the
           Board adopted Document 3 by unanimous vote.
Page 6       Minutes of meeting of the State Board of Human Services
             September 8, 2006



The Board adopted the following rule on an emergency basis:

Document 4 Revisions to the Social Services Rules Concerning Changes to
06-7-25-1  Meet New Home Study Timeframes on Interstate Requests for
           Foster Care and Adoptive Placements. The purpose for the rule
           change is to implement provisions of Public Law No.109-239,
           signed into law on July 3, 2006 and takes effect October 1, 2006.
           The federal law requires that: 1) sending states have fourteen (14)
           days upon receipt of the home study report to determine the
           appropriateness of placement, and 2) states have sixty (60) days
           for completing an interstate home study request from another state.
           Dr. Custer moved Document 4 for discussion. Judy Rodriguez and
           Chantal Smith, ICPC Coordinator, of Child Welfare Services
           presented the rule for emergency adoption. Ms. Smith walked
           through the primary changes. Comments from the county
           departments and her response are on the Stakeholder Comments
           page (circle page 6). Commissioner Long asked about the Weld
           county comments and her response. Ms. Rodriguez followed up.
           Ms. Hammons added that part of the question from Weld county is
           what action will be taken if a county’s contractor does not do well,
           so the State will need to decide this; and how the county makes its
           contractors perform. Dr. Custer moved to adopt Document 4 as an
           emergency rule, Ms. Johnson seconded; the Board adopted
           Document 4 by unanimous vote.


The Board adopted the following rules as final following publication:

Document 5 Revisions to the Income Maintenance Rules Concerning Increase
06-5-25-1  to the Resource Limitation and Exemptions for Colorado Works
            Pursuant to S.B. 06-134. This rule concerns a change to the
           resource limit for Colorado Works eligibility. The program limitation
           amount will be increased from $2,000 to $15,000 for each
           assistance unit and additional certain resource exemptions
           designed to promote self-sufficiency. Changes are necessary to be
           in compliance with S.B. 06-134. Additional resource exemptions;
           retirement accounts, health care savings accounts, education
           savings accounts, scholarships, and educational stipends, any real
           estate asset that does not produce or provide income for the
           participant and is not a secondary residence of the participant,
           burial plots and burial insurance plans. This rule will also allow an
           applicant or a participant to own one motor vehicle and an
           additional motor vehicle for each employed member of the
Page 7       Minutes of meeting of the State Board of Human Services
             September 8, 2006



The Board adopted the following rules as final following publication: (continued)

Document 5 assistance unit and allow an applicant or participant to own a
(cont'd)   homestead property. Dr. Custer moved Document 5 for discussion.
           David Powell of the Division of Colorado Works presented rules for
           final adoption following publication. Dr. Custer noted that there is a
           handout of amendments in the "pink packet". Circle page 9, GG,
           was changed; removed sentence on EITC which was an oversight.
           Clarification of separate entries was made on circle page 5. Dr.
           Custer moved to adopt Document 5, incorporating the
           amendments, Commissioner Etl seconded, the Board adopted
           Document 5, as amended, by unanimous vote.

             Linda Meric of 9 to 5 offered public testimony. Senator Paula
             Sandoval joined the session for adoption of this rule. It will
             encourage low income families. Ms. Meric offered to share stories
             of people who have been impacted (of which the Board declined).
             Ms. Meric said thank you for everyone who worked with them on
             this legislation and thanks to the Board for adopting the rule.

Document 6 Revisions to the Income Maintenance Rules Concerning 2006-2007
06-5-26-1  Low-Income Energy Assistance Program (LEAP) Basic Program,
           and Crisis Intervention Program. These rules raise the income
           ceilings to current Federal levels, adjust flat rate heating costs and
           standard amount for heat-in rent according to recent consumption
           and price levels. These changes are necessary in order to bring
           these areas up to date for operation of the 2006-2007 program
           year which begins November 1st. Sections are being revised to
           correct errors in definitions, remove outdated materials, and/or
           revise terms, provide clarity, understanding, and consistency to the
           rules. Dr. Custer moved Document 6 for discussion. Herb Betts of
           the Low-Income Energy Assistance Program (LEAP) presented
           rules for final adoption. Mr. Betts walked through some changes
           since last month, including proof of lawful presence in the United
           States on circle page 8; addition of denial codes on circle page 18;
           changed payroll month to November on circle page 24; on circle
           page 28 (CIP is part of LEAP) clarified purpose for repairs of
           heating system; removed “in the aggregate” on circle page 31 as
           repetitive of “total”; and, revised CIP denial codes on circle page
           32. Dr. Custer moved Document 6 for adoption, Ms. Johnson
           seconded; the Board adopted Document 6 by unanimous vote.
Page 8       Minutes of meeting of the State Board of Human Services
             September 8, 2006



OTHER BUSINESS

ASH Petition for Rule-Making:

Pam Ryken of the Boards and Commissions Division gave introductory remarks
about the Petition for Rule-making received from Action on Smoking and Health
(ASH). Dana Andrews of the Division of Child Care was present to discuss this
petition. She had discussed the concern with Wade Livingston of the Attorney
General's office and counsel to the Board. The Division plans on presenting
rules to the Board regarding smoking in State licensed facilities. Ms. Johnson
asked about the impact. Ms. Andrews replied that child care facilities have
already implemented in the past with little effect. Ms. Snoddy asked if there
would be an abuse investigation. Ms. Andrews stated probably not abuse, but
compliance effort possibly. Commissioner Wolf stated that we should proceed;
after all, smoking ban in bars have passed so why not for our children.
Commissioner Etl then asked why wouldn’t it be abuse? Ms. Andrews replied
that she was not sure that it would meet our use of the term for abuse.
Commissioner Long said that it might be better to clarify in the legislature rather
than in a rule. Mr. Livingston then stated that this that presents an interesting
question. Yes, the Clean Indoor Air Act does apply to foster care. It may have to
go back to the legislature. He suggested to refer to staff and the AG's office for
review and recommendation. Ms. Johnson made motion to adopt approve Mr.
Livingston's recommendation: Mr. Hogling seconded; the Board adopted the
recommendation with Commissioner Long voting “naye”.

DEPARTMENTAL UPDATE: None

The meeting adjourned at 11:30 a.m.

The Board continued discussions about the October out-of-town meeting and
future work session topics during a working lunch.




                           COLORADO STATE BOARD OF HUMAN SERVICES

				
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