C.R.S.
Section 26-5-117
Out-of-home placement for children and youth with mental or behavioral needs
- funding
- report
- rules
- legislative declaration
- definitions
- repeal
(1)
Intentionally left blank —Ed.(a)
The general assembly finds and declares that:(I)
The COVID-19 pandemic has lead to an emergency need for increased placements for children and youth with behavioral or mental health needs, including those involved with the child welfare system; and(II)
As the state works to transition to the critical requirements of the federal “Family First Prevention Services Act”, it must ensure a smooth transition by helping existing residential child care facilities transition to qualified residential treatment programs or psychiatric residential treatment facilities.(b)
Therefore, the general assembly declares that the state should provide resources to qualified residential treatment programs, psychiatric residential treatment facilities, or therapeutic foster care providers to address this emergency situation and ensure there are high-quality providers available to meet these needs.(2)
Intentionally left blank —Ed.(a)
The state department shall develop a program to provide emergency resources to licensed providers to help remove barriers such providers face in serving children and youth whose behavioral or mental health needs require services and treatment in a residential child care facility. Any such licensed provider shall meet the requirements of a qualified residential treatment program, as defined in section 26-5.4-102; a psychiatric residential treatment facility, as defined in section 25.5-4-103 (19.5); treatment foster care; or therapeutic foster care.(a.5)
Intentionally left blank —Ed.(I)
No later than July 1, 2023, the state department, in collaboration with the department of health care policy and financing and other relevant stakeholders, including stakeholders that represent individuals with intellectual and developmental disabilities, shall form a working group to make recommendations about developing an incentive funding pool pilot program to incentivize residential treatment providers to accept and treat children and youth who are under twenty-one years of age and have high-acuity behavioral health needs or other common barriers to appropriate treatment and placement, including the presence of co-occurring disabilities.(II)
In developing the incentive funding pool, the state department may consider providing an enhanced payment, in addition to any daily bed rate authorized and paid for by public funding, and authorizing the funding pool to be used to extend and expand access to care pursuant to subsection (2)(b)(I) of this section.(III)
No later than October 1, 2023, the working group shall submit its recommendations to the joint budget committee.(b)
Intentionally left blank —Ed.(I)
Beginning July 1, 2022, the state department shall provide ongoing operational support for psychiatric residential treatment facilities, therapeutic foster care, treatment foster care, and qualified residential treatment programs as described in subsection (2)(a) of this section.(II)
Repealed.(III)
Money spent pursuant to this subsection (2) must conform with the allowable purposes set forth in the federal “American Rescue Plan Act of 2021”, Pub.L. 117-2, as amended. The state department shall either spend or obligate such appropriation prior to December 30, 2024, and expend the appropriation on or before December 31, 2026.(IV)
This subsection (2)(b) is repealed, effective September 1, 2027.(c)
The state department and any person who receives money from the state department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).(3)
Repealed.(4)
Intentionally left blank —Ed.(a)
The state department shall contract with licensed providers for the delivery of services to children and youth who are determined eligible for and placed in the program. A provider that contracts with the state department shall not:(I)
Deny admittance of a child or youth if the child or youth otherwise meets the eligibility criteria for the program; or(II)
Discharge a child or youth based on the severity or complexity of the child’s or youth’s physical, behavioral, or mental health needs; except that the state department may arrange for the placement of a child or youth with an alternate contracted provider if the placement with the alternate provider is better suited to deliver services that meet the needs of the child or youth.(b)
The state department shall reimburse a provider directly for the costs associated with the placement of a child or youth in the program for the duration of the treatment, including the costs the provider demonstrates are necessary in order for the provider to operate continuously during this period.(c)
The state department shall coordinate with the department of health care policy and financing to support continuity of care and payment for services for any children or youth placed in the program.(d)
The state department shall reimburse the provider one hundred percent of the cost of unutilized beds in the program to ensure available space for emergency residential out-of-home placements.(5)
Intentionally left blank —Ed.(a)
A hospital, health-care provider, provider of case management services, school district, managed care entity, or state or county department of human or social services may refer a family for the placement of a child or youth in the program. The entity referring a child or youth for placement in the program shall submit or assist the family with submitting an application to the state department for review. The state department shall consider each application as space becomes available. The state department shall approve admissions into the program and determine admission and discharge criteria for placement.(b)
The state department shall develop a discharge plan for each child or youth placed in the program. The plan must include the eligible period of placement of the child or youth and must identify the entity that will be responsible for the placement costs if the child or youth remains with the provider beyond the date of eligibility identified in the plan.(c)
The entity or family that places the child or youth in the program retains the right to remove the child or youth from the program any time prior to the discharge date specified by the state department.(6)
As used in this section, unless the context otherwise requires:(a)
“Family advocate” means a parent or primary caregiver who:(I)
Has been trained in a system-of-care approach to assist families in accessing and receiving services and supports;(II)
Has raised or cared for a child or adolescent with a mental health or co-occurring disorder; and(III)
Has worked with multiple agencies and providers, such as mental health, physical health, substance abuse, juvenile justice, developmental disabilities, education, and other state and local service systems.(b)
“Family systems navigator” means an individual who:(I)
Has been trained in a system-of-care approach to assist families in accessing and receiving services and supports;(II)
Has the skills, experience, and knowledge to work with children and youth with mental health or co-occurring disorders; and(III)
Has worked with multiple agencies and providers, including mental health, physical health, substance abuse, juvenile justice, developmental disabilities, education, and other state and local service systems.(7)
Repealed.(8)
This section is intended to provide enhanced emergency services resulting from the increased need for services due to the COVID-19 pandemic. No later than September 30, 2024, the state department shall submit recommendations to the house of representatives public and behavioral health and human services committee, the senate health and human services committee, or their successor committees, and the joint budget committee about how to provide necessary services for children and youth in need of residential care, including hospital step-down services on an ongoing basis.(9)
This section is repealed, effective July 1, 2028.
Source:
Section 26-5-117 — Out-of-home placement for children and youth with mental or behavioral needs - funding - report - rules - legislative declaration - definitions - repeal, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-26.pdf (accessed Oct. 20, 2023).
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