HomeMy WebLinkAbout950615.tiffSTATE OF COLORADO
COLORADO DEPARTMENT OF HUMAN SERVICES
1575 Sherman Street
Denver, Colorado 80203-1714
Phone (303) 866-5700
TDD (303) 866-6293
FAX (303) 866-4214
Commissioner Bill Webster
Weld County Courthouse
P.O. Box 758
Greeley, CO 80632-0758
Dear Commissioner Webster:
!
TO 1-!,'
March 13, 1995
Roy Romer
Governor
Barbara McDonnell
Executive Director
Karen Beye
Managing Director
Attached you will find a copy of the Summary of the Child Welfare Settlement Agreement
as amended which is indexed to the full text of the Agreement. If you would like a copy of
the full text please let me know.
This agreement is the result of lengthy negotiations between the Colorado Lawyers
Committee representing the plaintiffs, and the State and County Departments of Social
Services. The primary purpose of the negotiations was to avoid the cost, time, and risk that
would have been involved in litigation. To avoid further liability around child welfare
services, the county departments of social services must maintain an acceptable level of
compliance with the terms of this agreement. Failure to do so may result in full litigation
in which the State and non -compliant counties would he named defendants.
The State Department will be providing a complete overview and orientation of the
settlement agreement to all county departments and appropriate staff. The orientation
sessions will occur over the next three months. The County Director will be notified of the
date, time, and location of the orientation for your county. You are welcome to attend this
orientation session.
Please feel free to call me (303 866-3151) with any questions you may have regarding the
settlement agreement.
Sincerely
Don Bloomfield, Manager
Children, Youth and Families
r" Building Partnerships to Improve Opportunities for Safety, Self -Sufficiency, and Dignity for the People of Colorado
M.' e41 5S 1{61 M
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SUMMARY OF THE
SETTLEMENT AGREEMENT AS AMENDED
Between
The State of Colorado,
by and through Governor Roy R. Romer;
the Department of Social Services;
and the Division of Child Welfare.
and
The Plaintiffs in Civil Action No. 94-M-1417,
pending in the United States District Court
for the District of Colorado;
and The Colorado Lawyers Committee
Dated: June 20, 1994
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I. SETTLEMENT AGREEMENT - (Page 1)
The settlement Agreement is entered into as of the 20th day of June, 1994, by and
between Roy R. Romer, in his official capacity as Governor of the State of Colorado;
Karen Beye, in her official capacity as the Executive Director of the Department of Social
Services for the State of Colorado; Donald M. Bloomfield, in his official capacity as
Manager of the Division of Family Youth and Children; the Plaintiffs in Civil Action No.
94-M-1417, pending in the United States District Court for the District of Colorado
(referred to herein as the "Plaintiffs"); and the Colorado Lawyers Committee. (p. 1)
II. BACKGROUND - (Page 3)
In January 1992, CLC/ACLU formed a task force to investigate the child welfare system
in the State of Colorado. The results of that investigation led CLC/ACLU to conclude that
neglected and abused children of Colorado were increasingly at risk because the system
had serious deficiencies, was seriously understaffed, underfunded and unable to provide
necessary services. CLC/ACLU also concluded that a broad -scale civil class action was
justified.
The State and the Counties have also been engaged in a process of assessing the child
welfare system in Colorado and developing a task force to begin the process of
enhancing child welfare programs and services that resulted in systemic improvements
including: requests for staffing, creation of a training consortium, development of a
statewide family preservation program, increased federal revenue, improvements in the
institutional abuse program, and studying children in out -of home care over one year to
identify and address barriers to permanency.
Rather than proceeding with costly and time-consuming litigation, in May of 1993, the
State, Counties and CLC/ACLU agreed to pursue settlement negotiations in an effort to
avoid the burden, costs, delay and inherent risks of litigation. Because the Counties are
critical to the delivery of child welfare services in the State, they have been integral
partners in the effort to reach this Agreement. To assure full County participation in the
process of negotiating this Agreement, a policy group of Department and County
members was formed to provide direction and consultation to a negotiating team which
also included Department and County members.
The provisions of this Agreement are the result of lengthy discussions and negotiations
among the State, the Counties, the Plaintiffs and CLC/ACLU. They have been agreed
upon as a means to make needed changes to Colorado's child welfare system, to put a
reasonable end to a complex case and to avoid the costs, time and risk that would be
involved for the State to litigate the Civil Action in full. (pp. 3 - 7)
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III. TERM OF AGREEMENT - (Page 7)
The Agreement shall terminate on December 31, 1998; provided, however, that the State,
the Department of Human Services and the Counties have been in compliance with all of
its terms and conditions for the proceeding 12 months as of that date. In the event that
the terms of this Agreement have not been complied with for the 12 months preceding
December 31, 1998, the term of this Agreement shall be extended until 12 months after
compliance has been achieved. (pp. 7-8)
IV. MAXIMIZATION OF FEDERAL FUNDING - (Page 8)
The State agrees to use its best efforts to obtain and maximize additional federal funding.
(p. 8)
V. STAFFING - (Page 8)
The total number of child welfare professional staff statewide shall be increased by 390
over a three year period, (130 per year). (pp. 8-9 par. 15)
In 1996 the State, in consultation with CLC/ACLU, shall select and retain a qualified
consultant to assist in assessing whether staffing levels are sufficient. (p. 9 par. 16)
If the staffing is insufficient the State shall develop a plan to correct that problem within
a reasonable period (2 years). (p. 9 par. 17)
VI. STAFF RECRUITMENT AND RETENTION - (Page 10)
All workers hired shall meet the merit system requirements and have adequate training
to perform their assigned responsibilities. (p. 10 par. 18)
The State Merit System shall develop a plan to recruit, hire, retain, and promote
appropriately qualified workers. (p. 10 par. 19)
The State Merit System shall specifically address the recruitment, hiring, retention and
promotion of workers of minority race and ethnicity. (p. 10 par. 19)
VII. TRAINING - (Page 10)
The State Department shall ensure through training that all persons employed by the
Department and the counties have the skills necessary to comply with the relevant
provisions of state and federal law and the provisions of this agreement. (p. 10 par. 20)
The State Department has commenced the development of a training program for all
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Child Welfare staff which will assure adequate training on an on -going basis. (p.10 - 14)
VIII. INVESTIGATIONS - (Pages 14-15)
Investigations shall be conducted on reports of abuse and neglect in accordance with
applicable Colorado statutes particularly C.R.S.19-3-308, (Colorado Childrens' Code) and
staff manual Volume 7. 402.4. (p. 14 par. 25)
As soon as reasonably possible, the worker shall see the child and talk with the child out
of the presence of caretakers alleged to have abused or neglected the child. (p. 15 par.
26)
Every investigation shall be completed within 30 days, absent exceptional circumstances.
(p. 15 par. 27)
By January 1, 1996, the Department, in conjunction with the counties, shall develop
policies and procedures to guide workers in determining when to include medical,
psychological, or psychiatric evaluations as part of the investigation. (p. 15 par. 28)
Final reports of the State Fatality Review Team shall be public documents. (p. 15 par. 29)
IX. PLANNING - (Page 15-22)
When a case is formally opened a case plan shall be prepared and reviewed in
compliance with the requirements set forth in Volume 7 of the Colorado Department of
Social Services staff manual particularly 7.501. Each case plan shall include:
(p. 15 par. 30)
An assessment of the entire home situation including all children residing in the home with
focus on the conditions giving rise to the abuse/neglect, the immediate safety needs of
the children, the developmental consequences of the maltreatment, and the strength and
weaknesses of the family; (p. 16 par. 31.a.)
The goals for intervention with time lines for their achievement; (p. 16 par. 31.b.)
Services that would strengthen the family and address the needs of its children; (p. 16
par. 31.c.)
A plan for the provision of these services or a statement as to why these services will not
be provided. (p. 16 par. 31.d.)
When a case is accepted for investigation or on -going services it shall have an assigned
caseworker at all times. (pp.16-17 par. 32)
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The case planning process shall begin no later than seven days after a case is accepted
for ongoing services. (pp. 16-17 par. 32)
The State Department shall develop a reasonable working definition for when a case is
"accepted for ongoing services". (pp. 16-17 par. 32)
The County Departments shall use the uniform case file format and uniform case plan for
all cases opened for service. (p. 17 par. 33)
Parental involvement in the planning process shall commence as soon as possible. (p.
17 par. 34)
If the whereabouts of the parent(s) are unknown the county shall immediately institute a
reasonable search for the parent(s), which shall be documented in the case record. (p.
17 par. 35)
Every case plan shall be signed by the child's parent(s) if possible. The reasons for the
inability to do so shall be documented in the record. (p. 17 par. 36)
Every case plan shall be approved and signed by the caseworker's supervisor. (p. 17
par. 36)
Visitation Plan:
In all cases where counties have primary responsibility for a child in foster care, an
appropriate visitation plan shall be established which specifies the frequency and method
of visitation by the agency, the parents and others with the child as appropriate. The
minimum requirements of the visitation plan are to meet the following needs of the child:
(1) growth and development of the child; (2) child's adjustment to placement; (3) the
ability of the provider to meet the child's needs; (4) the appropriateness of parent/child
visitation; (5) the child's contact with siblings and other family members and (6) the child's
permanency plan. (pp. 17-18 par. 37.a.(1),(2),(3),(4),(5),(6))
Visitation between the agency and the child shall include: (1) a minimum of two face-to-
face visits with the child in the first month following the placement; (2) a minimum of
monthly face-to-face contacts with the child after the first month; (3) the visits must be
conducted by a member of the treatment team, caseworker, case aide or other
professional identified in the visitation plan; (4) exceptions to the minimum requirements
stated in this paragraph must be noted in the case record and approved by the social
services administrator or county director for the county. (pp. 18-19 par.
37.b.(1),(2),(3),(4))
Visitation between the child and his/her family shall increase in frequency and duration
as the goal of reuniting the family is approached. (p. 19 par. 37.c.)
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The choice of a permanency goal for every child shall be based on the individual needs
and best interests of that child. (p. 19 par. 38)
Every case plan shall include one of the following permanency goals: remain at home,
return home, adoption, legal custody with permanent substitute caretakers, continued
foster care, or independent living. (p. 19 par. 38)
All children in out -of -home placement shall initially have a permanency goal of return
home with the following exceptions: (a) children for whom both parents have relinquished
custody or are deceased; (b) children whose parents cannot be located after a diligent
search, not to exceed three months, initiated as soon as the child enters placement; (c)
children whose parents have been guilty of repeated and/or severe abuse or neglect
such that termination of parental rights is appropriate; and (d) children for whom a safe
return home will not be possible even with the provision of reasonable services. (pp. 19-
20 par. 39.a.b.c.d.)
The caseworker and supervisor must include a written explanation in the child's case
record for any child who has a permanency goal of return home for more than 12
months. (p. 20 par. 40)
No child shall have a permanency goal of return home for more than 18 months unless
special circumstances are documented in the case record and approved by the child's
caseworker's supervisor. (pp. 20 par. 40)
By January 1, 1996, the State Department shall develop standards to guide caseworkers
concerning the appropriate use of the permanency goals. (p. 20 par. 41)
No child younger than 16 shall be assigned a permanency goal of independent living.
County Departments may provide services to children 14 years old or older in anticipation
of their permanency goal being changed to independent living once they become 16.
(p. 20 par. 42)
The child's caseworker and supervisor shall have the ongoing responsibility to assure that
the child's permanency goal is appropriate, and that the placement and services are
appropriate and are meeting the child's needs. (pp. 20-21 par. 43)
Every open case shall be reviewed at a conference between the caseworker and his or
her supervisor no less frequently than 90 days. (p. 21 par. 44)
Supervisory conferences shall be documented in the case file, shall include an update of
the written case plan and shall address the following: (1) appropriateness of the services
being provided; (2) the progress of the parent(s) toward accomplishing goals for the child
to return home or remain at home; (3) progress that must still be made; (4) the barriers,
hindering the parent(s)' progress; (5) appropriateness of existing timetables; (6) additional
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services required; (7) and appropriateness of the child's permanency goal. The child's
caseworker shall be responsible for assuring that all steps recommended in these
subsequent reviews be implemented. (pp.21-22.par. 44)
A foster care review conference shall constitute a 90 -day review for purposes of the
agreement. (p. 22 par. 44)
X. CORE SERVICES (Pages 22-25)
The following services shall be available for abused and neglected children and their
families within their home county (or a neighboring county when appropriate) when the
need for such services is specified in the case plan to prevent the child from being taken
into governmental custody or to enable the child to leave governmental custody.
a. Mental health services appropriate for the needs of abused and neglected
children and their families;
b. Non-residential alcohol or other substance abuse treatment services;
c. A continuum of out -of -home placement services for dependent children
including foster care, group homes, therapeutic foster care, shelter care,
RCCF's and independent living and emancipation programs;
d. Family preservation services, i.e., brief, comprehensive, intensive service
provided in; the family home to prevent placement of children into foster
care or to allow immediate return of children including the services
described in 26-6.5-104, C.R.S. and 19-3-208, C.R.S.;
e. Ongoing family therapy services in appropriate cases;
f. Crisis counseling, available by telephone 24 hours a day for anyone in
need, focused on crisis intervention, preventing behavior destructive of
family members or violence toward children or self, assistance for troubled
youth and their families, and referral to community services as appropriate;
g. Special economic assistance, i.e. short-term emergency financial aid (cash)
to provide for specific emergency family needs, e.g. rent or utility deposits
required to maintain a family unit up to a defined limit of $400 per family per
year;
h. In -home supportive homemaker services, i.e. assistance in establishing and
maintaining a system of household management to enable the family to
better care for their children;
Reasonable assistance in finding and securing housing which is adequate,
safe and affordable when shelter needs are unmet or precarious;
j. Day treatment services for children including on -site education, group and
individual therapy, and family therapy;
k. Day care for children, including children with special needs;
24 -hour emergency shelter facilities or caretakers for children who must be
removed from their homes in emergency situations;
m. Visitation services for all parents with children in care, including established
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visitation schedules at a location within the home county (in facilities or
arrangements for supervised visitation when necessary) whenever family
reunification is the permanent plan for the child and visitation is consistent
with the safety of the child;
n. Necessary and appropriate transportation services;
o. Appropriate after care services when children are reunified with their families
or placed in other permanent homes, to prevent future out -of -home
placements. (pp. 22-24 par. 45)
The State Department and County Departments shall provide a timetable with clear and
specific milestones and deadlines as part of their Implementation Plan. The State
Department agrees that the services described in Paragraphs 45 d, f, h, I, m and o shall
be provided by July 1, 1996; and all other services described in Paragraph 45 shall be
provided by July 1, 1997. (p. 24 par. 46)
The core services described in Paragraph 45 shall be made available to children and their
families, as specified in the case plan, without cost to families unable to pay or by fees
determined by applicable County Department guidelines. (p. 24-25 par. 47)
The State Department agrees to use their best efforts to obtain additional federal funds
to provide for these services. (p. 25 par. 48)
Additional federal and state monies shall be allocated to the Office of Children, Youth and
Families to provide or contract with public agencies or private providers to provide the
necessary services (p. 25 par. 49)
Xl. NEEDS ASSESSMENT AND PLANNING - (Pages 25-28)
The State Department Counties shall: (a) Conduct a formalized needs assessment on or
before July 1, 1995 and at least once every two years thereafter to: (1) Identify the
resources that would, if available, enable families to remain together. (2) Assess the
needs of children in placement to determine whether their needs are being served and
the placement is least restrictive. (3) Assess the needs of children in placement to
determine if services and resources provide them with permanence. (4) Assess the
needs of children who will remain in foster care until they reach the age of majority have
adequate preparation for independent living. (p. 25-26 par. 50.a.(1).(2).(3).(4).)
Develop a specific listing of types and quantity of services necessary, to meet the needs
identified, and a plan and timetable to develop and implement those services, not to
exceed two years. (p. 27 par. 50.b.)
Develop a mechanism for caseworkers to identify, document and report to the State
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Department and County Departments those services necessary to facilitate reunification
or achieve other permanency goals. (p. 27 par. 50.c.)
When highly specialized services are necessary but it would be impracticable to provide
those services within the county, the County Department shall work with other counties
to provide the services. (p. 27 par. 51)
State Department shall be responsible for ensuring that appropriate services as identified
in the needs assessments be available within each county, or each county has reasonable
access to the services. (p. 27 par. 52)
July 1, 1995 a report shall be submitted by each county or region to the State Department
which shall detail required changes in services to meet county needs, associated costs
and time frames for implementation. (p. 27-28 par. 53)
XII. SERVICES TO CHILDREN IN PLACEMENT - (Pages 28-30)
The primary goal in choosing a placement for a child is to ensure that all children are
placed in the least restrictive setting and that siblings be placed together unless contrary
to the best interests of one or more of the siblings. (p. 28 par. 54.a.(1).(2).)
Each county shall maintain accurate and current information necessary to identify
available placements, ages and gender of children the facility is licensed to accept, the
level of care provided and any specialized services available. (pp. 28-29 par. 54.b.)
No child shall be moved from one short-term emergency shelter to another, unless
reasonable efforts to place in a more permanent setting have been exhausted and
documented in the child's record. (p. 29 par. 54.c.)
No child shall be placed in a foster home if that placement will result in: (1) more than four
foster children in that foster home, or a total of eight children, or (2) more than two
children under two years of age, except in those instances in which the placement of a
sibling group in a foster home would exceed the limits. (p. 29 par. 54.d.(1).)
No child under six years of age shall be placed in a group residential care setting except
children with exceptional needs as documented in the case plan. (p. 29 par. 54.d.(2).)
No child under twelve shall be placed in a group residential care setting for more than 60
days unless the child has special treatment needs as documented in the case plan. (p.
29 par. 54.d.(2).)
No child shall remain in an emergency, short-term or shelter facility for more than 60
days. (p. 29 par. 54.d.(3).)
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No child shall be placed in a group home setting with a capacity in excess of ten children
without express written approval of the caseworker's supervisor based on written
documentation that the child's needs can be met only in that specific facility. (p. 30 par.
54.d.(4).)
No child shall be moved more than twice unless such move results in a permanent
placement or is determined to be in the best interests of the child and the reasons for the
additional move are documented in the child's case record. (pp. 30 par. 54.d.(5).)
XIII. MEDICAL, DENTAL AND EDUCATIONAL NEEDS ASSESSMENTS,
EVALUATIONS, SERVICES AND PASSPORTS - (Pages 30-32)
The Department shall ensure that all children receive a thorough, professional social work
evaluation of his or her needs before placement, and no later than 30 days after the child
is physically placed. This evaluation shall include specialized evaluations if necessary.
(p. 30 par. 55.a.(1).)
All children shall receive: (1) an appropriate medical screening as soon as is reasonably
possible after entering physical custody: (2) a full medical examination within two weeks
of entering physical custody; and (3) a full dental examination within eight weeks of
entering physical custody. (p. 31 par. 55.b.)
On or before January 1, 1995 the State Department will implement rules and procedures
to assure that all children in physical custody receive timely and comprehensive medical
and dental examinations and care. (p. 31 par. 56.a.(1).)
On or before January 1, 1995 the State Department will develop a medical and dental
"passport" format and rules and procedures to be maintained for each child in physical
custody, kept current, and kept with the child during the time the child is in physical
custody and provided to the child upon return home, emancipation, or adoption. (p. 31
par. 56.a.(2).)
The State Department will assess and if appropriate develop and implement the use of
a preliminary screening tool designed to help caseworkers identify at the time of case
opening a child's special needs related to emotional or mental disorders, developmental
disabilities, learning disabilities, educational performance, or use of alcohol or other drugs.
(pp. 31-32 par. 56.b.(1)(2).)
Implement rules and procedures to assure that an education record be maintained or
developed for each school -age child in placement as part of each child's case plan and
kept current during the time the child is in placement. (p. 32 par. 56.c.)
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XIV. OUT -OF -HOME CARE AND TREATMENT RESOURCES AND RATES -(Pages 32-34)
Rates for out -of -home care providers for fiscal year 1994 (county calendar year 1995)
shall be increased 3 percent as a cost of living adjustment. (p. 32 par. 57)
On or before July 1, 1995, the Department shall implement new rates for all out -of -home
care providers based on a redesign of the methodologies currently used to set such
rates. (pp. 32-34 par. 57. a. b. )
The Department shall also annually monitor each institutional (RCCF/CPA) provider
through appropriate required audits. Performed in accordance with nationally accepted
accounting standards. (p. 34 par. 57.c.)
XV. FOSTER CARE PROVIDERS - (Pages 34-35)
Beginning January 1, 1995, the Department and the counties shall provide for timely
review/renewal of all licenses of out -of -home providers in the social services system every
two years. (p. 34 par. 58)
By January 1, 1995, the State Department shall establish revised contractual performance
and review standards and mechanisms, that will promote and assure quality practice
among family foster homes, child placement agencies and residential child care facilities
that serve social services children. (p. 34 par. 59)
The State Department and the County Departments shall make their best efforts to
improve recruitment and retention of foster homes, especially therapeutic foster homes
and minority foster homes. (p. 35 par. 60)
XVI. ADOPTION - (Pages 35-36)
By July 1, 1994, the State Department shall create a task force that includes
representation from the Department, counties and consultants and professionals in the
child welfare field with the charge that by July 1, 1995, the task force shall complete
recommendations to: (1) Revise all adoption policies, procedures and protocols; (2)
Develop practice guidelines that address the special needs of older children; (3) Develop
a statewide program of post -adoptive services and (4) Develop a mechanism to monitor
adoption practice statewide. (pp. 35-36 par. 61.a.b.c.d.)
The State Department and the County Departments shall implement the above -mentioned
recommendations within a reasonable period of time, not to exceed two years. (p. 36
par. 62)
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XVII. INFORMATION SYSTEM - (Pages 36-39)
After the federal government finalizes the requirements for computerized record keeping
relating to child welfare services, the State Department shall develop in consultation with
the IAC a unitary computerized information system, within the time frame specified by the
federal government. (pp. 36-39)
XVIII. STATE OVERSIGHT AND ENFORCEMENT - (Page 40)
The State Department shall be responsible for ensuring that the County Departments
comply with all appropriate legal and regulatory requirements, and the requirements of
this Agreement, concerning abused and neglected children and their families. (p. 40 par.
65)
XIX. QUALITY ASSURANCE - (Pages 40-42)
The State Department shall review the activities of the State Department and the County
Departments in the child welfare area to ensure compliance with applicable legal
requirements, including the terms of this Agreement. (p. 40 par. 66)
The State Department shall develop policies and procedures that will govern how it
conducts quality assurance reviews. (p. 40 par. 67)
The State Department shall also review individual cases to determine the appropriateness
and effectiveness of policies and procedures. (p.40 par. 67)
The State Department shall conduct appropriate reviews sufficient to enable the
Department on an annual basis to determine whether the State Department and all of the
County Departments are following all applicable legal requirements, including the terms
of this Agreement. (p. 40 par. 68)
In addition, the State Department and the County Departments shall specifically review
the following cases: (1) all cases in which there have been four or more reports of neglect
or abuse concerning a single child, a single perpetrator, or a single family (county
responsibility); (2) all cases in which a child has been placed in four different placements,
excluding a return home (State responsibility); (3) all cases in which a child has a current
plan of return home for more than 24 months (State responsibility); (4) all cases in which
a child has had a permanency goal of adoption for more than one year and has not been
placed in an adoptive home (State responsibility); (5) all children who have been returned
home and have re-entered care more than twice and have a current plan of return home
(State responsibility). (pp. 40-41 par. 68.a.b.c.d.e.)
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If there has been or is a violation of applicable legal requirements and/or the terms of this
Agreement by the State or County Departments, then the State/County Departments shall
take appropriate corrective action which may include requiring additional action by a
county in any individual case, requiring appropriate additional employee training, and
requiring changes in policies and procedures. (p. 41 par. 69)
The State Department shall prepare an annual report summarizing the results of the
quality assurance process and the steps that have been taken or need to be taken by the
State Department and County Departments to remedy problems or noncompliance. The
report shall be submitted to the Director of the Department and to the Implementation
Assistance Committee identified in Article XX. (pp. 41-42 par. 70)
XX. IMPLEMENTATION ASSISTANCE (Pages 42-46)
The parties agree to establish an Implementation Assistance Committee ("IAC") to: (1)
provide support to the State Department and the County Departments in their
implementation of this Agreement; (2) review compliance with this Agreement and (3)
report problems to the representatives of the parties, and make recommendations to the
Department and the counties concerning additional improvements to the child welfare
system. (pp. 42-43 par. 71.a.)
The IAC shall consist of four representatives appointed by the Governor, two of which
shall be either county directors or county commissioners chosen by the Governor from
a slate of four candidates submitted by Colorado Counties, Inc. (one representative must
be from one of the ten large counties); three representatives appointed jointly by the
Colorado Lawyers' Committee and the ACLU Children's Rights Project. The State
Department shall pay the reasonable in -state out-of-pocket expenses of the members of
the IAC. The IAC members shall otherwise serve without compensation. (p. 43 par. 71.b)
Chair of the IAC shall alternate annually between a representative jointly appointed by the
CLC/ACLU and a representative of the Department. (p. 43 par. 71.c.)
The IAC shall have reasonable access to all State and county child welfare records
relating to compliance with this Agreement and shall be bound by the applicable legal
requirements of confidentiality. (pp. 43-44 par. 71.d.)
Within 120 days of this Agreement, the State Department shall prepare a draft
Implementation Plan that provides dates and timetables for the full implementation of the
Agreement and shall submit a copy to the IAC which shall have 30 days to comment. (p.
44 par. 71.e.)
The State Department shall adopt and implement a final Implementation Plan within six
months of the date of the Agreement. (p. 44 par. 71.e.)
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Every year during the term of the Agreement the IAC shall prepare and issue a public
report concerning its work. (p. 44 par. 71.f.)
The IAC may make reports and recommendations to the State Department and the
counties on any aspect of the child welfare system, including the following: (1) providing
assistance to the State Department and the County Departments as requested; (2)
recommending legislation, policies and procedures to improve the child welfare system;
and (3) recommending corrective action to rectify violations of law and to ensure
compliance with the Agreement. (p. 45 par. 71.g.)
The State Department and the County Departments agree to work cooperatively with the
IAC on: (1) development of the Implementation Plan; (2) review of the State Department
and County Departments compliance with the Agreement and (3) the recommendations
of the IAC. (p. 45 par. 71.h.i.)
The parties agree to appoint an expert in the area of child welfare to serve as a technical
advisor and compliance consultant to the IAC with a budget not to exceed $150,000 per
year to be paid by the State Department. (pp. 45-46 par. 72. a.b.c.)
XXI. COURT JURISDICTION AND AUTHORITY (Page 46)
The parties stipulate and agree that they shall take all appropriate steps necessary to
dismiss this Action without prejudice. (p. 46 Par. 74)
XXII. DISPUTE RESOLUTION AND ENFORCEMENT (Pages 47-48)
If CLC/ACLU, or the State Department believes a default or breach of the Agreement has
occurred, the parties shall first attempt in good faith to negotiate a satisfactory resolution.
(p. 47 par. 75)
If the parties are unable to resolve any dispute or claimed breach of the Agreement
through negotiation it shall be submitted to an expert panel of three for review. The panel
shall have all of the powers to issue subpoenas and administer oaths of an arbitration
panel. The conclusions of the expert panel shall be reduced to a written report and
submitted to the parties. (p. 47 par. 76)
The State Department shall select one panel member and the CLC/ACLU, jointly, shall
select one panel member. The third panel member shall be selected by the two panel
members selected by the above -mentioned parties. The State Department shall pay panel
members up to $700 a day plus reasonable expenses for time devoted to matters
submitted to them. (p. 48 par. 77)
In the event the State or the County Departments fails to perform or comply with any
findings and conclusions by the expert panel, the Plaintiffs may take appropriate legal
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action to enforce this Settlement Agreement and the findings and conclusions of the
expert panel. The State Department and County Departments acknowledge and agree
that the expert panel's findings of fact and conclusions shall define and establish the
State's contractual obligations under this Agreement. (p. 48 par. 78)
XXIII. ATTORNEYS FEES (Page 49)
The parties agree that the State Department shall pay the CLC/ACLU attorneys fees and
expenses in the total amount of $200,000, which shall fully satisfy any claims for attorney
fees and expenses in connection with the Civil Action and this Settlement Agreement as
of the date of this Agreement. (p. 49 par. 79)
XXIV. COURT APPROVAL AND LEGISLATIVE FUNDING (Pages 49-50)
The parties agree that the Court must approve the dismissal and compromise of the Civil
Action. (pp. 49-50 par. 81)
The State Department and the Governor acknowledge and agree that ensuring the
funding of this Agreement and ensuring that no reductions in the General Fund
appropriations for child welfare occur shall be one of their highest priorities and they will
take all reasonable efforts to cause the State Legislature to fund this Agreement and not
reduce General Fund appropriations for child welfare. (p. 50 par. 81)
If either party exercises its right to withdraw from this Agreement, the parties agree that,
notwithstanding any rule of evidence or law to the contrary, this document may be offered
into evidence by any party and otherwise used in the Civil Action. (p. 50 par. 82)
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