SB109 Task Group Meeting Summary 11/12/15 Members present: Mindy Kemp, Marijo Reimer, Lexi Kuznick, Scott Storey, Darla Stuart, Heidi Prentup, David Ervin, Kasey Daniel, Gini Pingenot (proxy for Nancy Sharpe) Lori Thompson, Anne Patton, Kara Johnson-Hufford (proxy for Randy Kuykendall), Jennifer Waller Members on the phone: Vicki Clark Subject Matter Expert: Peg Rogers Members of the public: Grant Jackson, Jeannie Benfield, Jo Booms, Megan Davis, Juanita Rios-Johnston, Cheryl Schnell Lisa Carlson, moderator, opened the meeting at 1:10 p.m. It was noted that this was the last scheduled meeting and it will last until 4:30 p.m.; however, we have another date reserved if needed. Lisa suggested our work today could start with several different approaches, and David suggested that we start with the funding recommendations. The document referenced is SB-109 Task Force Budget Recommendations, produced by the Task Force Funding Subcommittee, which met on November 10. Peg led the discussion beginning with Table 1, which shows FY 2014 actual data, projections for 2015, and FY 2016-17
projections as a result of enacting SB-109, comparing increases in reports on over 70, under 70, and overall reports. Table 2 on page 3 shows county staff increases needed as a result of increased reports: One set of increases based on FY 14-15 actual data, and one set of increases based on projected reports for FY 15-16. The subcommittee prefers to show funding needs based on projections rather than on the previous year’s actual data. Table 3 on page 4 shows costs to maintain the Colorado and national standard caseload ratio of 25:1, demonstrating that as a result of FY 14-15 actual report increases, we are in a “catchup” situation even before anticipated report increases as a result of implementing SB-109. David remarked he would like to see funding issues separated, by IDD vs. non-IDD reports. Gini wanted to make sure the underfunding of at-risk elder reports is not lost and is reported by this task force. Darla agreed with both. Peg asked if we can agree to the concept of showing the numbers for IDD reports separately, but include the overall caseload ratio issue as supplemental information or recommendation. In other words, there will be two funding recommendations: 1. Cost to meet the projected increase in number of IDD reports due to SB109, supporting caseload ratios of 25:1 (keeping in mind that reports for at-risk elders and at-risk adults will also likely increase due to increased community and mandatory reporting awareness); 2. Cost to achieve 25:1 overall ratio, given the drastic underestimate of increase in reports due to At-Risk Elder Mandatory Reporting (the “catch-up situation).
Table 4 on page 6 shows projected costs for two additional state APS specialists – one program specialist with expertise in intellectual and developmental disabilities to provide oversight and training to support county APS caseworkers, and an additional Quality Assurance FTE to ensure quality casework is conducted by county staff. Lori reported 61 CIRS (critical incident reporting system) reports in the first 6 months of 2015 statewide and the group felt that number is startlingly low – Stefanie mentioned a couple of reasons why the number is far lower than what are actual cases/ investigations and Lexi suggested the CIRS number is just not applicable here because it only contains cases with serious physical injury. For funding of training, the committee recommended that APS training budget be increased from $85,000 to $150,000, and also that $150,000 be funded annually to POST to provide law enforcement training. There was significant discussion around the issue of timing: making training available requires at least 6 months planning, preparation, and curriculum development. If no funding is available for training until or after the implementation of SB-109 Mandatory Reporting, reports will be received by APS and law enforcement personnel who are not equipped to respond adequately. Several task group members felt strongly there should be immediate supplemental funding requested, to provide personnel and training before 7/1/16, both for law enforcement and APS staff, and that the language about supplemental funding recommendations to make ready for IDD mandatory reporting be emphatic, clear, and include the ramifications of no supplemental funding.
Peg discussed the subcommittee’s recommendation for a community awareness program, or public awareness campaign, estimated to cost $250,000, plus an additional $250,000 to fund two contractors to bring all stakeholders together statewide and facilitate working relationships, and to train mandatory reporters across the state, (not only about the new law but also the roles and responsibilities of different agencies including law enforcement). Anne pointed out that in the health care arena alone there is a huge need for training. The subcommittee on funding also recommends funding for increase in law enforcement and District Attorney personnel, perhaps in the form of an “implementation grant” - to be ongoing until every jurisdiction has a specialized unit – beginning with 10 officers @ $100,000 total cost for each (totaling $1,000,000). There was discussion about funding the public awareness campaign at a much higher level, like $1,000,000, but after analyzing all funding needed it was decided to keep that request at $250,000. Darla asked that the “true up” costs (to bring county caseloads to a 25:1 ratio) be moved somewhere else, and not shown as a cost to implement SB109. Marijo noted that the “true up” costs are important (even though it be set out separately from SB 109 costs) because without it all clients will suffer, especially new mandatory reports of IDD people.
Gini referred to page 5, paragraph 2, funding 80% general fund, 20% county match. She noted that legislature is funding child welfare not based on 80/20 model but 90/10 to most counties, and giving 100% to the tax-base relief counties. Table 5 is based on 100% state general fund dollars. The following are changes the Task Force requested in the funding recommendations: 1. Indicate 109 implementation cost separate from “true up” 2. Request a public awareness budget of $250,000 3. Increase to 3 FTEs (to $375,000) for contractors/FTE to train mandatory reporters (2) and one contractor/FTE to assist communities with building working collaborative relationships. 4. Additions to supplemental request should include state FTE to allow hire in April/May for one FTE 5. Add LE supplemental budget for training - to be spent by 6/30/17, of $75,000 Voting yes on the funding recommendations with the above changes: Mindy Kemp, Kasey Daniel, Anne Patton, Lori Thompson, Marijo Reimer, Kara Johnson-Hufford, Heidi Prentup, David Ervin, Darla Stuart, Scott Storey. Gini and Lexi abstained until they could consult with commissioners and county directors. Jennifer Waller stated she will be issuing a minority report recommending delayed implementation (and other issues).
Darla and Lexi asked to add to the narrative that there is a severe need for emergency providers because no such services exist for the counties to call upon. Definitions subcommittee: Darla reviewed and explained recommendations coming from definitions subcommittee. Voting yes on Definitions recommendations: Mindy Kemp, Kasey Daniel, Anne Patton, Jennifer Waller, Kara Johnson-Hufford, David Ervin, Darla Stuart, Marijo Reimer, Scott Storey, Heidi Prentup. Gini and Lexi withheld their vote until assured of inclusion of discussion of incidents. Agenda still needing consideration: Peg asked that members email her a straw poll: a list of the items they agree with, don’t agree with, or need further consideration Public Comment: none Lunch will be served on November 17. Meeting adjourned at 4:30