Tracking# 2007-01439
FA/P 2/1/08, eff. 4/1/08

I:/07111501.rtf
[I:/07111501.doc]

(12 CCR 2509-1)

[Instructions:  Insert paragraph from statement of basis and purpose before line 1430244.]
Revision of Sections 7.500.3, 7.500.317, and 7.710.32 were final adoption following publication at the 2/1/2008 State Board meeting, with an effective date of 4/1/2008 (Rule-making# 07-11-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Boards and Commissions Division, State Board Administration. 

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(12 CCR 2509-6)

[Instructions:  Replace lines 1011964 through 1011969.]
7.500.3  CHILDREN'S RESOURCES [Rev. eff. 4/1/08]
A.  Resources for children to be developed by the county department of social services are family foster homes, receiving homes, specialized group facilities, day care homes and adoption resources.
B.  Facilities for children shall be utilized solely by children, shall be properly licensed or certified, and shall meet necessary local requirements and hold local licenses or permits.
C.  The county department of social/human services shall audit all current foster care files on an annual basis to verify that all required information is present in the file. Following the annual audit, the county department shall attest in writing that all the required information is present. 
D.  The county department of social services shall develop resources for the  24 hour  out-of-home  care of children who otherwise would be inappropriately placed in jail or detention.
E.  A family foster home or receiving home certified by the county department of social services or a specialized group facility established and sponsored by a county department of social services shall receive children only from a county department of social services, and the certifying county shall approve of each placement.
F.  The county department shall maintain a directory of current, accurate information to identify available placements.  The directory shall include available vacancies, licensed or certified capacity, ages and gender of children accepted by the home or facility, a description of the level of care which the home or facility can provide, and a listing of any special services that it can provide.

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[Instructions:  Replace lines 1012100 through 1012108.]
7.500.317  Complaint Investigations [Rev. eff. 4/1/08]
A.  When a complaint of child abuse or neglect is received by the agency about a certified facility, the local investigating authority and placement workers of children in the home shall be notified immediately. Investigation shall be made according to the procedures outlined for investigation of institutional abuse as found in the Program Area 5 Section.
1.  A determination shall be made immediately whether children should remain in placement or if other children should be placed in the home while the investigation is in progress.
2.  The results of the investigations shall be summarized and included in the foster home facility file. This may be in the form of the final written report completed by the investigating county.
3.  Upon receipt of the written report from the investigating county, the certifying county shall make a determination within three working days whether there will continue to be future use of the home. The foster home shall be notified in writing and the notification recorded in the foster home facility file as to the decision regarding future use of the home. If the foster home certificate is closed, suspended or revoked, the county department shall notify the Colorado Department of Human Services in writing. 
4.  The final decision regarding the future use of the foster home shall be confirmed in writing to the home and recorded in the foster home facility file within ten (10) working days of the receipt by the certifying agency of the final written report of a child abuse investigation. If the county department continues to certify a foster home where there has been a confirmed report for medium or severe child abuse or neglect, the county department must notify the State Department in writing within three (3) business days and submit justification for keeping the foster home certified. 
5.  Administrative proceedings to modify, limit or revoke the certificate will be initiated by the certifying agency within 30 calendar days of notification of any adverse decision regarding future use of the home.
6.  After the State Institutional Abuse Team reviews the investigating county finding, the State Institutional Abuse Team may recommend that a follow-up investigation be completed. The county shall advise the State Department of actions taken by entering a report into the State's official database within thirty (30) calendar days of the receipt of the State Institutional Team's request.
B.  Other types of complaints shall be investigated by the certifying authority.  The investigation shall result in a determination whether the complaint is valid and, if so, what corrections or modifications the home must make.  The results of the investigation shall be confirmed in writing within ten (10) working days.

(12 CCR 2509-8)

[Instructions:  Replace lines 1379534 through 1379538.]
7.710.32  Minimum Regulations [Rev. eff. 4/1/08]
A.  Operation
1.  The regulations for operation of a foster care home shall be met before a CPA certificate for such a facility can be issued. 
2.  The CPA shall audit the foster care home files on an annual basis to verify that all required information is present in the file. The CPA shall attest in writing that the required information is present. 
3.  The CPA shall notify the Colorado Department of Human Services in writing within three (3) business days of the closure of a foster home because of receipt, either verbally or in writing, of a confirmed report of child abuse or neglect. 
4.  The CPA shall notify the State Department in writing within three (3) business days when a determination is made by the CPA to continue to certify a foster care home that the CPA has received notice, either verbally or in writing, of a confirmed report for medium to severe abuse or neglect. The written notice shall include the justification for continuing to certify the foster care home.
B.  Certification
The law states that certificates issued by placement agencies are considered licenses; the regulations which are established by the department for foster care homes are therefore applicable to any such facility being certified by a licensed CPA. Copies of these rules shall be made available to each applicant for certification and to each foster care home. 

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