STATE OF COLORADO

OFFICE OF THE GOVERNOR

136 State Capitol Building
Denver, Colorado 80203
(303) 866 - 2471
(303) 866 - 2003 fax
John W. Hickenlooper
Governor

May 14th, 2015

Colorado General Assembly

State Capitol Building
200 E. Colfax
Denver, CO 80203

Dear Members:
This week we received a letter signed by 84 legislators stressing concerns regarding past
and present issues with the Colorado Department of Human Services (CDHS). We take these
concerns very seriously. In response, this letter lays out a status on each matter raised. As you
will note, all issues raised, except one, have been identified and addressed; regarding the
remaining issue, we have sought a third-party to investigate and are awaiting a final report.
Let me begin by saying that we have had ongoing discussions with several of your colleagues
regarding concerns about CDHS, particularly the Pueblo Regional Center. Your letter mentioned
a number of issues, including some from the past that have since been resolved. Wed like to
respond to each of the points from the letter with the facts.

Recent allegations of physical abuse, verbal abuse, and unwanted sexual contact of
those with intellectual and developmental disabilities at the Pueblo Regional
Center. The allegations of abuse at the Pueblo Regional Center, including staff-reported
cases of suspected abuse and neglect were raised in your letter. We have briefed any and
all legislators that have expressed interest and concerns regarding this matter. CDHS
Executive Director Reggie Bicha initiated multiple investigations, including an internal
investigation conducted by a third party and an external investigation with the Pueblo
County Sheriffs Office. Executive Director Bicha also placed staff on administrative
leave and put in place new leadership. Members of the CDHS executive management
team, including Director Bicha, have been on site regularly after learning of the
issues. The safety and well-being of individuals who call the Regional Center home is
paramount, as is the continued operation and stability of all three regional centers in
Colorado. At this point, we are awaiting the results of the investigation prior to taking
any further action.

A staff member beaten at the Lookout Mountain Youth Center. An incident did
occur in 2014 in which a staff member at the Lookout Mountain Youth Services Center

was assaulted. The Center serves some of the states most troubled young people, striving
every day to provide a safe environment for youth and staff. This specific event triggered
an in-depth review of policies, procedures and systems in place throughout the Division
of Youth Corrections (DYC), including an external review. As a result, new policies were
implemented across DYC to modify security systems and improve safety. At the same
time, the Department hired an additional 53 youth services officers across DYC facilities
to address and ensure safety standards. As a direct result of the improvements in policy
and addition of staff, fights and assaults have declined by more than 33
percent. Furthermore, an additional 22 staff will come on board July 1, and the
department expects to see continued improvements.

Recurring issues with over-prescribing or inappropriately prescribing psychotropic

drugs to youth offenders and youth in foster care. The problem of over-prescribing
psychotropic drugs to youth offenders and youth in foster care is not limited to Colorado,
but is a national issue. CDHS proactively examined this issue in Colorado and established
best practice procedures in 2013. It should be noted that CDHS does not prescribe these
medications to children in foster care. CDHS established a Psychotropic Medication
Steering Committee, guidelines, consent forms and have identified the need for additional
medical staff to develop long-term protocols and procedures. In short, this issue is being
addressed with urgency.

Spring Creek Youth Services Center riots and management or ignoring informational
requests from the press. Regarding requests from the press about Spring Creek Youth
Services Center, because it was the subject of a criminal investigation, CDHS was
restrained in what information it could provide and made that clear when fielding press
inquiries. Its the decision of local law enforcement on what is released and when. The
incident at Spring Creek Youth Services Center in 2014 also triggered a complete review
of policies and procedures, resulting in added personnel, replacing the facility director,
and conducting additional staff training. During this timeframe, the DYC negotiated a
new contract with the school district in which the facility is located, Harrison School
District 2, to provide educational services for the youth at the facility. Today, more than
95 percent of young people who are in these facilities leave with a GED or a high school
diploma, up from 83 percent in 2012. Furthermore, DYC staff created an extensive
family engagement program to encourage parents and youth to maintain close ties during
their time in DYC facilities, as those relationships promote better behavior in DYC and
better outcomes when they return to their communities.

[L]ack of monitoring of the county-delivered human services [that] is now

encroaching on the safety of children. CDHS works diligently to strike the right
balance in working with counties and uses its innovative C-Stat system to monitor their
progress. What is puzzling about this particular claim is that Colorado is one of only a
few states in the nation that puts detailed performance information online via its
Community Performance Center. It is an innovative approach to increase transparency
and measure social service delivery. Furthermore, in the Office of Children, Youth and
Families, the department has added three performance measures to the child welfare
funding allocation formula. Colorado is one of only several states to include performance
metrics in the way it distributes funds. Lastly, CDHS has worked closely with the City
and County Denver on practices the department has found to be of concern and CDHS

staff members have been on-site regularly to ensure Denvers case work is up to
standards.

A poor audit on Vocational Rehabilitation that triggered the removal of the division
from the [Department]. This particular claim needs context. In 2012, at Executive
Director Bichas direction and through the C-Stat performance management evaluation
system, the department identified concerns in the performance of the Division of
Vocational Rehabilitation. Based upon those findings, Director Bicha requested that the
Office of the State Auditor conduct a full performance audit, which was released in 2013.
It documented 20 years of unaddressed issues within the program. CDHS implemented
all 64 recommendations on time, and within 13 months of the audit release. Executive
Director Bicha installed a new management team and the DVR program as a whole was
overhauled. That meant new internal controls, documentation of eligibility
determinations and services, as well as an improved focus on customers and
relationships. Most importantly, at the same time that the audit was ongoing, CDHS was
able to help individuals find meaningful work. Since fiscal year 2010, the Division of
Vocational Rehabilitation has helped 11,786 DVR clients find jobs with an average
hourly wage of $11.86. As you know, legislation was approved to transfer the DVR to the
department of Labor and Employment this year. We, and CDHS, supported this move
and cooperated with the legislature in the bills passage.

[E]mails and phone calls describing a pervasive [sic] hostile work environment.
As any leader or manager knows, the kind of transformative change that Executive
Director Bicha has been implementing at CDHS, some of which is cited above, and databased performance management, can be difficult to navigate for employees. We are
happy to evaluate and take action if warranted. However, to date, no such emails or
records have been provided the governors office. What we do have are the results from
the 2014 employee engagement survey. Under the leadership of Executive Director
Bicha, in that most recent annual survey, employees reported how they feel about
working for the department. More than 94 percent say their work is important, and eight
out of 10 feel they are held accountable for their results and are treated with respect by
their supervisors.

Some legislators have asked for meetings with [the] Governor, yet those requested
have been ignored or denied. This is another puzzling claim. Like you, during the
legislative session the number of scheduling requests I receive far outnumbers the time
available. That said, this past session I met with all legislators that requested time to meet
with me on these issues, with one exception due to scheduling conflicts. However, the
legislator who did not receive time with me did not express her purpose as those listed in
the letter, and, furthermore, the legislator received multiple meetings with my chief-ofstaff and other senior staff. The four legislators who delivered the letter met personally
with me earlier this week. Moreover, throughout the session I held standing weekly
meetings with both House and Senate leadership from both parties. With a few rare
exceptions, we have been consistently available and have had an open door.

In short, we have taken these concerns very seriously and will continue to work with CDHS. As
outlined above, CDHS already has taken corrective action on nearly all of the concerns raised in
the letter, and we expect that they will continue to take any corrective actions needed as the facts
become known.

We also feel it is worth noting, for appropriate context, that under Executive Director Bichas
leadership the following has occurred:

In 2012, the department implemented C-Stat, a data-driven measurement system that is

shifting the culture of CDHS toward greater accountability.
In 2013, Adult Protective Services enacted a mandatory reporting law for suspected
instances of abuse or neglect of vulnerable adults. Since then, CDHS has trained more
than 21,000 mandatory reporters, and county departments have provided additional
training. The department has been able to monitor progress through the C-Stat process
and is holding counties accountable.
CDHS launched Colorado Crisis Services to strengthen the states mental health system
and safeguard all Coloradans. Since services began in December of 2014, 5,323
individuals have been seen at walk-in stabilizations units, and 6,057 individuals have
been served by mobile units.
In addition, Colorado Crisis Services in August launched a statewide mental health crisis
line to provide Coloradans access to mental health professionals for 24-hour crisis
support at 844-493-TALK (8255). As of May 1, it has received more than 50,000 calls.
The CDHS team also cleared 104 audit findings left over from previous administrations.

Let me conclude by saying that our highest priority is the same as yoursthe health and
welfare of our residents. We know that one of our greatest responsibilities and one of the hardest
jobs is to advocate for and protect our children and the most vulnerable members of society. To
that end, we have begun reaching out to each and everyone of you to discuss your concerns listed
in the letter. We look forward to continuing the conversation and I intend to continue with
Executive Director Bicha to innovate and improve the systems by which we administer human
services in Colorado.
Sincerely,

John Hickenlooper
Governor