July 15, 2009

Juvenile Law Section Meeting

1. Welcome and Introduction of Officers and Executive Council

Barbara Shaklee - Chair
Sheri Danz – Chair Elect
Kris Ward – Secretary
Bonnie Saltzman – Legislative Liaison
Amity Strauss– Web master
Sue Thibault – newsletter

2. Discussion concerning meetings during the coming year, including dates, times, and venues.

a. Past meetings have been 2nd Wednesday of the month

b. People would like to have meetings in other places – outside bar offices – which could help to get county attorneys and district attorneys involved in the meetings in other districts

c. Brock Wood from the Colorado Bar Association spoke to group about Webinars and/or Webcast for trainings

i. Webcast includes live and audio feed, plus get PDF of all written material

ii. People may participate by using a form on the Bar Association Website to ask questions

iii. Programs may be offered live over a Webcast and then 30-40 days after the live program the same program is available as an on demand download from Internet

3. Ideas for Speakers

a. Informed supervisor training overview (SOMB Sex Offender Management Board trainer)

b. SOMB Guidelines – Sex Offense – De-registration (Jamie Henderson; SOMB)

c. Current research on caregiver behavior on child development

d. Effects of Internet Pornography by caregivers on child – consideration for parenting and/or placement (Terry James Banks)

e. Sex Offenders raising children

i. Safety planning

ii. Best practices

iii. Laws regarding parent raising children after completion of treatment/sentence/registration

iv. Colorado standards – state law

v. What do you do when offender finishes sentence/treatment

f. Gail Meinster, Lindy Frolic, and Stephanie Ritland – volunteered to work on trainings for section

4. Discussion about web casting training vs. traveling to outlying districts for physical training – need to find out about web casting training and logistics

5. Linda Weinerman introduced Bonnie Saltzman CLE presentation “Legislative Update, 2009 Session.” Bonnie Saltzman is the Juvenile Law Section’s Legislative Representative and has been very active in monitoring legislation for the section.

Bill Number	Bill Name	Highlights
PL 110-351 H.R. 6893	Fostering Connections to Success and Increasing Adoptions Act of 2008 Federal Legislation	• Full bill on website • $15 million set aside each year for funding • Changed due diligence to 30 days from 90 days – state DHS looking at regulations as to how you define due diligence • Allows tribes to apply directly for IV-E money • Codifies visitation • Mile High United Way and OCR are partnering on grant proposal for Kinship portion of available funds • 90 transition plan for kids aging out of foster care
S 678	Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 (“JJDPA”) Federal Legislation	• Pending legislation • Kid cannot be held in adult jail without hearing • Must have hearing in 30 days cCourt must make good cause findings to keep kids in adult jail beyond 180 day
STATE LEGISLATION
HB-09-1007	Improving Child Protection Efforts by Adding DV Experts to Interagency Oversight Groups in Collaborative Management Programs	Governor Signed 20-Mar-2009
HB 09-1044	Expungment of Records Relating to Criminal Matter for which Juvenile is Sentenced as a Juvenile after being Charged by the Direct Filing of Charges in District Court	Governor Signed 18-Mar-2009 • Kids direct filed as adults but sentenced as juvenile can get record expunged as of September 1
HB 09-1078	Training for Foster Parents in Regard to IEPs	Governor Signed 19-Mar-2009
HB 09-1122	Increase the Age of Persons Eligible for Sentencing to the Youthful Offender System	Governor Signed 2-Apr-2009 • 1-Oct-2009 effective date • New definition for young adult offenders – between ages 18-21 on date of crime and less than 21 on date of sentencing – same enumerated juvenile offenses – allows older group to go to youthful offender
HB 09-1125	Limitations on the Incentives Local Educational Providers may Provide for Participation in Public Educations Programs	Governor Signed 16-Apr-2009 • Schools cannot give out incentives to get kids to come to school on count days • School cannot give out rewards on count days alone – must be given out prior to count day, given throughout year, or given at special ceremony HB 09-1225 Risk Assessments of Students Applying for Admission to a Public School Who Have a Potential Risk of Harm to Themselves or Others Postponed Indefinitely
HB 09 1286	Repeal and Reenactment of Uniform Parentage Act	Postponed Indefinitely • Killed after Family and Juvenile Law Sections after meeting with Senator Levy – will look at revision • Held up by Supreme Court committee work on interplay between Title 14 and 19 • If anyone has comments on the issue please contact Bonnie Salztman(Grandparent Rights) or Lisa Horvack (D&N and Family Comparison)
HB 09-1306	Concerning Protection of Youth in Juvenile Facilities in DHS	Postponed Indefinitely
HB 09-1314	Safety in Day Treatment Centers	Postponed Indefinitely
HB 09-1321	Placement of a Juvenile Who is Awaiting Trial in District Court	Governor Signed 1-Jun-2009 • Must have hearing before can transfer kid to adult jail • DA and Defense must consider certain factors when transferring youth to adult jail • For all practical purposes there is no change to current practice – in practice defense counsel must make a record about transfer and factors considered • Anticipated that criminal defense bar will push forward another bill that is more powerful • Colorado Juvenile Defender Coalition Cost was stumbling block to first bill – fiscal issue for this year • Colorado Sentencing Reform Commission – not looking at juvenile sentencing – working with juvenile subcommittee and National Juvenile Defender Coalition to help speed up juvenile reform piece
SB 09-030	Concerning the “Child Mental Health Treatment Act”	Governor Signed 16-Apr-2009
SB 09-048	Financial Audit for the Office of Children’s Representative Governor	Signed 16-Apr-2009
SB 09-058	Immunity for Attorneys Contracting with State Judicial Department Agencies to Provide Statutorily Mandated Services	Postponed Indefinitely • mmunity for contract lawyers • ADC will pursue again for ADC lawyers specifically, to put them on equal ground with PDs SB 09-079 Improving Well-Being of Children in Foster Care by Improving the Ability of Birth Siblings to Maintain Long-Term Connections Governor Signed 25-Mar-2009 • Allows for confidential intermediaries to search records for parents and siblings and allows former foster kids to search for siblings
SB 09-104	Concerning the Provision of Verifiable Documents to Youth Leaving Foster Care	Governor Signed 2-May-2009 • Verifiable documents for kids in foster care leaving the system • Include at a minimum a verified birth certificate and social security card • Acquire photo ID
SB 09-164	Requiring Certain Persons Serving in the State Child Welfare to Demonstrate the Necessary Competencies to Perform their Job Responsibilities (“Child Welfare Training Academy”) Governor Signed 19-May-2009	• Rules due to promulgated by 9/15/09 – no rules have been proposed yet • Academy staffed with 3 FTEs • Purpose to establish minimum standards of qualification • Certain jobs will require certification • Must establish grandfather clauses for CW who meet certification • Coinciding effort to get certification training for attorneys – biggest battle is with bar association – there was a change in RPC to allow certification for attorneys (Bonnie Saltzman and Sue Thibault are on the subcommittee looking at certification)
SB 09-245	Concerning Changes to Conform to Portions of Federal Public Law 110-351 Relating to Kinship	Governor Signed 4-Jun-2009 • Respondent Parents have 7 business days to get in relative affidavits • Effective now
SB 09-268	Clarifying the Appointment of State-Paid Professionals in Cases Involving Children	Governor Signed 1-May-2009 • Clarifies funding for state paid CFI/CLR, requires finding of exceptional/extraordinary for GAL in truancy, when GAL appointment ends at sentencing in DEL

6. During the Legislative session the CBA Legislative Policy committee meets Friday mornings at 7:30 a.m.

a. The JLS executive council had telephone conference every Tuesday at 7:00 a.m. to discuss pending legislation and the position of the juvenile bar

b. Bonnie Saltzman would sent out e-mail on Friday about pending legislation

c. Anyone is welcome to participate in the Tuesday morning phone conference. The phone number, conference ID and passcode will be listed on the website

d. Sue Thibault will put in the summer newsletter information about legislative committee and executive council and call in for members

7. Amity Strauss will put the Amicus Brief from Gabriesheski case on website.

8. The next meetings for the section were tentatively set for the following dates:

a. September 9, 2009, at Noon;

b. November 11, 2009, at Noon;

c. January 13, 2010, at Noon;

d. March 10, 2010, at Noon and would also be the elections and all day CLE pending on CBA CLE schedule

e. The executive committee will meet each time at 11:30 a.m.

Search

Calendars

July 15, 2009

Juvenile Law Section Meeting

Bill Number

Bill Name

Highlights

STATE LEGISLATION