Tracking #2010-00193
FA/P 5/7/10, eff. 7/1/10

I:/09060201.rtf
[I:/09060201.doc] 

(12 CCR 2509-1) 

[Instructions:  insert before line 1585539.]
Revisions to Sections 7.304.54, 7.304.62, 7.304.65, 7.306.21, and 7.407 were final adoption following publication at the 5/7/2010 State Board meeting (Rule-making# 09-6-2-1), with an effective date of 7/1/2010. 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, Division of Boards and Commissions, State Board Administration.

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(12 CCR 2509-4) 

[Instructions:  replace lines 1860353 through 1860359.]
7.304.54  Court Procedures Related to Permanency Planning [Rev. eff. 7/1/10]
A.  The county department must develop a permanent plan for any child who is in out-of-home placement and is the subject of any court action, including Dependency and Neglect, Delinquency, or a Petition to Review the Need for Placement and a concurrent plan for cases filed under Section 19-3-102(2), C.R.S., regarding habitual abuse. The purpose of the plan is to establish treatment needs related to the stated goal for the child and to decide a method to provide a safe, stable, permanent environment for the child as quickly as possible.
B.  The county department shall submit this plan at the permanency court hearing. That hearing must be held before twelve (12) months have elapsed from the date of the child's original out-of-home placement, and shall be held as soon as possible following the dispositional hearing. Following the initial permanency hearing, subsequent permanency hearings must be held every twelve months thereafter while the child remains in out-of-home care. These hearings shall be combined with a periodic review when possible. 
C.  The county department shall provide the court with documentation of the efforts made by the department to finalize the permanency plan for the child. The county department shall request the court to make a finding (if the evidence so warrants) that the department made reasonable efforts to finalize the permanency plan for the child.
D.  Paper reviews, ex parte hearings, agreed orders or other actions or hearings which are not open to the participation of the parents of the child (if appropriate age) and foster parents or pre-adoptive parents are not permanency hearings.
E.  When the court determines that reasonable efforts to return the child home are not required, the county shall request that the permanency hearing be held no later than thirty (30) calendar days after such court determination, unless the requirements of the permanency hearing are fulfilled at the hearing in which such a determination is made.
F.  The county department shall ensure and document that a request is made to the court for such a hearing in sufficient time to assure that the hearing is held within the twelve (12) month time frame. Permanency hearings shall be combined with a review hearing when possible.

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[Instructions: replace line 1671354.] 
7.304.62  Placement Activities [Rev. eff. 7/1/10]

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[Instructions: replace lines 1671362 through 1671363.] 
G.  Provide the child with a full medical examination scheduled within fourteen (14) calendar days after placement and a full dental examination scheduled within eight (8) weeks after placement. The schedule of the appointments shall be documented in the case record. The county department shall maintain the medical and dental information in a record which is kept with the child during placement and upon return home, emancipation, or adoption. The county department shall document that ongoing medical and dental care is provided in a timely manner as defined by the department and by the health care provider. If the child received the required full medical examination at the time of the placement, then the regular schedule of appointments should be maintained in subsequent placements.
H.  Document the exceptional circumstances which require an emergency or temporary placement to last longer than sixty (60) calendar days.

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[Instructions: replace line 1671369.] 
N.  Provide notice of, and a right to be heard at, any Administrative Review to the child (if age appropriate), foster parents, pre-adoptive parents, or relatives providing care to a child and, upon written request, a written notice of the court hearing, which identifies the following: 

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[Instructions: replace lines 1671396 through 1671409.] 
7.304.65  Administrative Review [Rev. eff 7/1/10]
Definition: 
Administrative Review means a review conducted by the Colorado Department of Human Services, Administrative Review Division, that is open to the participation of the parents of the child, the child (if age appropriate, as determined by the caseworker), and the out-of-home care provider, pre-adoptive parents, or relatives/kin who are providing out-of-home care for the child; and conducted by an Administrative Reviewer, who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. If there is no objection by any party to the action, the court may order that an Administrative Review substitute for a six (6) month periodic review. All attorneys of record must be invited to court ordered Administrative Reviews. 
A.  The county department shall participate in the statewide Administrative Review system for all children in foster care who meet the criteria for inclusion in the review system.
B.  The county department shall provide all required case records, documentation and information to the Administrative Reviewer no later than 8:00 a.m. the day of the scheduled review to allow the reviewer sufficient time to read the case file in its entirety prior to each scheduled review. If the hard copy case record is not available to the reviewer by 8:00 a.m. the day of the scheduled review, case information shall be obtained through the Department’s statewide automated system. 
C.  The county department shall provide office space for case record review and face-to-face reviews, access to the Department’s statewide automated system, and teleconference capability.
D.  The county department shall coordinate, with the Administrative Reviewer, timely scheduling of all initial and subsequent Administrative Reviews.
E.  The county department shall invite parents, the child (if age appropriate as determined by the caseworker), out-of-home care providers, pre-adoptive parents, relatives/kin who are providing out-of-home care for the child, and the guardian ad litem to the Administrative Review in order that these individuals will have a right to be heard. All invitees shall be encouraged to attend.
F.  If an Administrative Review has been ordered by the court and no objection has been made to the substitution of the Administrative Review for the six (6) month periodic court review, the county department shall also invite to the review all attorneys of record in the case. When an Administrative Review substitutes for a six month periodic court review, the county department shall complete a case summary containing the same information that would be submitted in a court report as required in Section 7.002.1, and the county shall submit this written summary with the Administrative Review findings to the court.
G.  The county department shall send letters of invitation to all review participants at least two weeks prior to scheduled reviews, and ensure that invited parties are properly documented in the Department’s statewide automated system prior to the time of the review. The parent or Indian custodian and the Indian child’s tribe shall be sent notice at least two weeks prior to the scheduled review by registered mail with return receipt requested. Notification shall include date, time, location, and purpose of the review. If the case involves an Indian child, the requirements at 25 U.S.C. Section 1912(a) apply; no later amendments or editions are incorporated.  Copies are available for public inspection by contacting the ARD Director during regular business hours at Colorado Department of Human Services, Administrative Review Division, 4045 S. Lowell Blvd., Denver, Colorado 80236; or at a state publications depository library.
H.  The county department shall encourage all invitees to attend Administrative Reviews (see Section 7.304.661, A, regarding, provider attendance). If an individual is unable to attend, participation by conference call shall be offered.
I.  Administrative Reviews shall be held at the county department having custody of the child, irrespective of the location of the child's placement.
J.  Administrative Review Findings
1.  Copies of Administrative Review findings shall be maintained in the Department’s statewide automated system and a summary of those findings shall be included in court reports. For those cases in which an Administrative Review substitutes for a six month periodic court review, counties shall submit a copy of the actual review findings to the court with the county's court report. 
2.  For all narrative findings that contain “Issues for County Administration”, the county is required to respond to the Administrative Review Division within the time frame specified in the narrative depending on the issue identified. 
a.  A county response shall be sent to the Administrative Review Division. 
b.  If the county response is considered sufficient and timely, no further action is taken and the county shall be notified in writing within five (5) working days. 
c.  If the county’s response is not timely or sufficient, notification will be given to the county and appropriate division(s) representative for further follow up/action. 
d.  An internal meeting will be held with the appropriate division(s) and their representatives within a maximum of twenty (20) working days to determine next steps and time frames for resolution. 
e.  If the issues are unresolved, a corrective action process may be pursued. 

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[Instructions: replace line 1671558.] 
7.306.21  Placement Activities [Rev. eff. 7/1/10]

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[Instructions: replace line 1671564.] 
E.  When a child in an adoptive placement whose adoption is not finalized has a name change, and case and client I.D. number(s) change entered into the Department's statewide automated system, the county department shall provide the following information to the Administrative Reviewer: the child's biological name, Trails case and client I.D. numbers, and the new name, and new Trails case and client I.D. numbers. 

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(12 CCR 2509-5) 

[Instructions:  replace lines 1427018 through 1427025.]
7.407  ADMINISTRATIVE REVIEW FINDINGS, FISCAL SANCTIONS, APPEALS, AND DISALLOWANCES [Rev. eff. 7/1/10]
A.  Fiscal sanctions and disallowances occur as a result of Administrative Review findings of non-compliance in three areas: 
1.  Title IV-E foster care eligibility or ineligibility has not been determined.   Reimbursement is reduced by the amount of Title IV-E funds not earned.
2.  Level of care of the placement is too restrictive. Reimbursement is reduced to the average cost of the determined less restrictive type of available placement, unless the child is court-ordered into the more restrictive placement against the recommendation of the county department.
3.  Requirements for state reimbursement at Section 7.406.2 are not met, to include: 
a.  Out-of-home placements for a child in Colorado who is in the custody of another state. The county shall bill the other state for reimbursement. 
b.  Receiving home or shelter care placements that exceed ninety (90) consecutive days. 
c.  Out-of-home placements of children who do not meet the requirements of Section 7.304.51, “Authority for Placement”. 
d.  Out-of-home care in public child care institutions accommodating more than twenty-five (25) children. 
e.  Placements of children under six (6) years of age in a specialized group facility, residential child care facility, or residential treatment center, except for children with documented exceptional needs which can be met only by the specifically identified facility. Documentation in the child’s Family Services Plan shall include a description of the services available in that facility to address the child’s specific needs. 
f.  Placements of children under twelve (12) years of age in a specialized group facility, residential child care facility, or residential treatment center that exceed sixty (60) calendar days unless the child has documented special treatment needs that cannot be met in family foster care. Documentation in the Family Services Plan shall include a description of the services available in that facility to address the child’s specific needs. 
g.  Placements in a specialized group home with a capacity in excess of ten (10) children unless there is written approval by the placing caseworker’s supervisor. Such approval shall be based upon written documentation in the Family Services Plan that the child’s needs can be met only by the specifically identified facility. The documentation shall include a description of the services available in that facility to address the child’s needs. 
h.  Services provided by residential child care facilities or child placement agencies which are reimbursable from other funding sources. 
i.  For “child specific” or certified kinship care placements exceeding sixty (60) calendar days in provisional status. 
j.  Placement of a child in a provisionally certified family foster care home that is not fully certified within sixty (60) calendar days from the date of the application. 
B.  The county shall correct the area of non-compliance or initiate court proceedings to correct the non-compliance within thirty (30) calendar days in order for reimbursement to be uninterrupted. The county department shall provide the Administrative Review Division with a copy of the motion to the court or the written request for special action by the court. Within 30 calendar days following the court hearing, the county must submit to the Administrative Review Division a copy of the county's court report documenting the county's agreement with the Administrative Review findings and a copy of the resulting order of the court. 
C.  If the county department disagrees with the findings, the county department may appeal in writing the denial of reimbursement. An appeal must be received by the Administrative Review Division within fifteen (15) working days of the receipt of written results of the review.
D.  Reimbursement is denied from the date of the review if the county neither corrects the non-compliance nor appeals the review decision within allotted timelines.

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