2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-103.7 - [Effective 8/7/2024] Child welfare allocations funding model - evaluation group - report - definitions - repeal

(1)
As used in this section, unless the context otherwise requires:
(a)
"Evaluation group" means the group established to evaluate the funding model described in subsection (6) of this section.
(b)
"Funding model" means the funding model to determine the appropriate level of funding required to fully meet all state and federal requirements concerning the comprehensive delivery of child welfare services that was developed pursuant to section
26-5-103.5 (7)
prior to its repeal in 2021, and includes factors that best meet the needs of children, youth, and families in the child welfare system.
(2)
(a)
(I)
On or before December 31, 2021, the state department shall enter into an agreement with an outside entity to update and modify the funding model for fiscal years 2022-23 through 2024-25 in accordance with the recommendations of the child welfare allocations committee. The agreement must end no later than June 30, 2024.
(II)
On or before March 31, 2022, the outside entity shall update and modify the funding model to be used for the 2022-23 fiscal year. On or before March 31, 2023, the outside entity shall update and modify the funding model to be used for the 2023-24 fiscal year. On or before March 31, 2024, the outside entity shall update and modify the funding model to be used for the 2024-25 fiscal year. For each year, the outside entity shall update the funding model in accordance with the recommendations of the child welfare allocations committee made pursuant to subsection (7) of this section and deliver the results of the model to the joint budget committee, state department, and child welfare allocations committee.
(III)
This subsection (2)(a) is repealed, effective July 1, 2024.
(b)
On or before July 1, 2024, and on or before July 1 every third year thereafter, the state department shall enter into a three-year agreement with an outside entity to annually modify the funding model, update the data used in the funding model, and deliver the results of the funding model, as described in subsection (8) of this section.
(3)
On or before July 1, 2024, and on or before July 1 every third year thereafter, the state department shall enter into an agreement with an outside evaluating entity to conduct a comprehensive evaluation of the implementation of the funding model. The evaluation must ensure that the appropriate modifications were made to the funding model in the preceding three years, including necessary changes related to federal and state law; whether county data was accurately and appropriately updated each year; whether the model was run each year and used for allocations to counties; how the allocations were made to each county; whether counties increased staffing levels as a result of the model's workload metric; and whether the updated workload study described in section
26-5-104
(6.1)(b) was added to the model. On or before October 1 of each year of an agreement, the evaluating entity shall deliver the results of its evaluation to the state department, child welfare allocations committee, and the outside entity described in subsection (2) of this section. The department shall not enter into an agreement pursuant to this subsection (3) with the same outside entity described in subsection (2) of this section.
(4)
Beginning with the funding model effective for state fiscal year 2024-25, the funding model must:
(a)
Include factors addressing county workload, informed by the workload study conducted pursuant to section
26-5-104
(6.1)(c), as said subsection existed prior to its repeal, including the number of child welfare case aides, case workers, and supervisors necessary to perform all responsibilities required by state and federal law;
(b)
Include factors addressing demographic data, including poverty statistics, and state and local economic drivers that may influence the cost of delivering child welfare services and prevention programs, as defined in section
19-1-103
, with an emphasis on building capacity to provide services based on the needs of the child and family;
(c)
Include the estimated caseload for the delivery of specific child welfare services in each county, to be funded by the money allocated to counties pursuant to section
26-5-104
;
(d)
Include a performance-aligned component that supports the implementation of promising, supported, or well-supported practices, as defined in the federal "Family First Prevention Services Act of 2018";
(e)
Be driven by outcomes related to the stability and well-being of children receiving child welfare services, consistent with the recommendations of the delivery of child welfare services task force made pursuant to section
26-5-105.8
(4.5) prior to its repeal in 2023; and
(f)
Include incentives for the delivery of services based on the recommendations of the delivery of child welfare services task force made pursuant to section
26-5-105.8
. The funding model must provide the incentives to counties based on measurements and metrics established by the state department after consideration of input from the child welfare allocations committee. The measurements and metrics may include metrics concerning successful adoptions, successfully sustained placements, high school graduations, family reunifications, no recurrence of abuse and neglect, and timely dental and medical checks.
(5)
Notwithstanding section
24-1-136 (11)(a)(I)
, on or before November 15, 2021, and on or before November 15 of each year thereafter, the state department and the child welfare allocations committee shall submit a report regarding the funding model to the joint budget committee. The report must include the following information concerning the previous fiscal year:
(a)
The results of the funding model, including the cost per county necessary to meet all state and federal requirements for the comprehensive delivery of child welfare services;
(b)
The difference between each county's actual allocation and the allocation amount identified by the funding model;
(c)
The final close-out pursuant to section
26-5-104 (7)
for the previous fiscal year;
(d)
Any modifications made to the model to improve the accuracy of the data;
(e)
A description of the incentives included in the funding model and the amount of incentives provided to each county; and
(f)
Any other issues related to funding child welfare services identified by the child welfare allocations committee.
(6)
(a)
(I)
On or before August 1, 2021, and on or before August 1 of each year thereafter, the child welfare allocations committee shall establish and appoint members to a funding model evaluation group to evaluate the funding model.
(II)
The evaluation group has seven members who are experts in child welfare funding and policy. At least one member must be a representative of the state department with child welfare funding expertise, one member must be a county financial officer from a county described in section
26-5-104 (4)(b)(I)
, and one member must be a county financial officer from a county described in section
26-5-104 (4)(b)(II)
.
(III)
The members of the evaluation group serve without compensation but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(b)
The evaluation group shall evaluate the funding model to ensure that it is consistent with changes to state and federal law, includes outcome-based incentives and child and family well-being outcomes as factors in the model, includes an ongoing workload analysis, and satisfies the criteria described in subsection (4) of this section. The evaluation group shall evaluate any components of the funding model identified for evaluation by the child welfare allocations committee pursuant to section
26-5-103.5
(4.5).
(c)
On or before October 1, 2021, and on or before October 1 of each year thereafter, the evaluation group must complete its annual evaluation of the funding model and deliver its findings and recommendations to the child welfare allocations committee.
(7)
On or before December 31, 2021, and on or before December 31 of each year thereafter, and after considering the findings and recommendations of the evaluation group, the child welfare allocations committee shall deliver to the state department and outside entity described in subsection (2) of this section responsible for updating the funding model the committee's recommendations for modifications to the funding model that are necessary to ensure that the model is current and reflects any changes in federal or state law and county data and workload.
(8)
The outside entity described in subsection (2) of this section shall:
(a)
On or before March 31 of the first year of its agreement, modify the model to be used for the next fiscal year based on the results of the evaluation conducted pursuant to subsection (3) of this section and the recommendations of the state department, child welfare allocations committee, and evaluation group; update the data used in the model; and deliver the results of the model to the child welfare allocations committee, state department, and joint budget committee; and
(b)
On or before March 31 of each other year of the agreement, modify the funding model to be used for the next fiscal year in accordance with the recommendations of the child welfare allocations committee made pursuant to subsection (7) of this section, update the data used in the model, and deliver the results of the model to the child welfare allocations committee, state department, and joint budget committee.
Amended by 2024 Ch. 490,§ 67, eff. 8/7/2024.
Added by 2021 Ch. 343, § 2, eff. 6/25/2021.
L. 2021: Entire section added, (SB 21-277), ch. 2233, p. 2233, § 2, effective June 25.
2024 Ch. 490, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.