Tracking# 2011-00892
FA/P 2/3/12, eff. 4/1/12 

I:/11091901.rtf
[I:/11091901.doc]

(12 CCR 2509-1)

[Instructions: insert before line 1585539.] 
Revisions to Sections 7.000.5, 7.003.3, 7.203.2, 7.203.31 through 7.203.32, 7.301.242, 7.302, 7.302.2, 7.303.17 through 7.303.18, 7.303.26, 7.304.21 through 7.304.23, 7.304.661, 7.304.73 through 7.304.74, 7.305.1, 7.305.4, 7.305.42, 7.306.35, 7.307.1, 7.307.52, 7.307.6 through 7.307.64, 7.311.5, 7.311.61 through 7.311.62, 7.402.3, 7.405.1, 7.406.1 through 7.406.2, 7.408, 7.410, 7.415, 7.417.1, 7.417.3 through 7.417.6, 7.418.31, 7.420, 7.500.11 through 7.500.311, 7.500.313 through 7.500.317, 7.500.321, 7.708.11, 7.708.22, 7.708.26, 7.708.31, 7.708.33, 7.708.38 through 7.708.39, 7.708.43 through 7.708.44, 7.708.46, 7.708.51 through 7.708.52, 7.708.61, and 7.708.65 through 7.708.66 were final adoption following publication at the 2/3/2012 State Board meeting (Rule-making# 11-9-19-1), with an effective date of 4/1/2012. 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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[Instructions: replace lines 1860993 through 1861028.] 
7.000.5  DEFINITIONS OF TERMS [Rev. eff. 4/1/12]
The following are definitions of commonly used terms used in this manual:
“Applicant” means a person who has, directly or through someone authorized to act responsibly for him/her, requested social services. Such a person continues as an “applicant” so long as such application remains pending. 
“Application” means an action by a person or an authorized representative who indicates verbally or in writing to the county department a desire to receive social services.
“Child” means any person under eighteen (18) years of age.
“Child Welfare Child Care” means child care assistance used to maintain children in their own homes or in the least restrictive out-of-home care when there are no other child care options available. This care is less than twenty-four (24) hours daily. See Section 7.302, “Child Welfare Child Care” (12 CCR 2509-4).
“Child Welfare Services” means service and payments for services (other than medical services covered by the “Colorado Medical Assistance Act” ) available, directly or indirectly, through the social services staff of the state and county departments for the benefit of eligible persons which services are provided pursuant to rules and regulations adopted by the State Department. Child welfare services are defined in Section 26-5-101(3), C.R.S.
“Client” shall mean any applicant or recipient applying for or receiving social services from a county department.
“Concurrent Planning” means the simultaneous preparation of plans to: 1) assist the child's parents in completing a treatment plan that, when completed by the parents, will allow the child to safely return to the parents' home; and, 2) place the child in a setting that will become the child's permanent home if the parents are unable to successfully complete their treatment plan.
“County Department” means a county department of social services or, if applicable, the county agency responsible for providing child welfare services as defined by Section 26-5-101(3), C.R.S.
“Day Care” or “Child Care Service” means care of a child under the age of thirteen (13) years (older children who need protection or have a special need may be approved by the county department) for a portion of a day, but less than 24 hours, in his own home by a person other than the parent or relative parent substitute, in a relative home, an exempt day care home, in a licensed or certified day care home, or licensed group day care facility.
“Delinquent Child” means a child ten years of age or older who has violated any federal or state law, except non-felony state traffic and game and fish laws or regulations; any municipal ordinance except traffic ordinances, the penalty for which may be a jail sentence; or any lawful order of the court made in accordance with the Children’s Code (Section 19-1-103(9), C.R.S., as amended). 
“Emancipation”, for purposes of the Colorado Children's Code and the delivery of social services, emancipation is considered to occur when a youth reaches age 18 and is no longer under the jurisdiction of the court or is married or enters military service.
“Emancipation Transition Plan” is a personalized youth-driven written document, that support emancipation and is intended to prevent the youth from becoming homeless.
“Fair Hearing” means any procedure by which an Administrative Law Judge, upon the request of an applicant or recipient, reviews facts in relation to an adverse action taken by a county department pursuant to Section 3.850 of the Department of Human Services' Income Maintenance staff manual (9 CCR 2503-1).
“Family” means one or more adults and children, if any, related by blood, or law and residing in the same household. Where adults, other than spouses, reside together, each is to be considered a separate family. Emancipated minors and children living under the care of individuals not legally responsible for that care are also to be considered separate families. A stepparent residing in the same household, who is not legally responsible for a child, is not considered a member of the family for purposes of determining monthly gross income in establishing a foster care fee. Stepchildren residing in the same household, for whom the custodial parent(s) are not legally responsible, are not considered part of the family in establishing a foster care fee.
“Independent Living Arrangement (I.L.A.)” means a placement in foster care where a youth lives independently in the community under the supervision of the county department. Receiving funds is not a necessary condition for a youth to be in an I.L.A. Youth shall receive casework services on I.L.A. with or without receipt of the I.L.A. stipend.
“Independent Living Assessment” means an evaluation of the youth's daily living skills. This assessment will document the youth's strengths and needs, as well as capacity and motivation to learn the appropriate skills.
“Independent Living Plan (I.L.P.)” means part of the Family Services Plan that includes those services designed to promote or enhance a youth's capacity to make a successful transition from out-of-home care to living independently and maintaining self-sufficiency.
“Intake” means that process in the county department in which an applicant makes known his need for service, the dimension of the need is explored, and a decision is made as to whether the agency can help.
“Neglected or Dependent Child” is defined in the Children's Code (Section 19-1-103, C.R.S.).
“Provided Services” means those services delivered by county department of social services staff.
“Provider” means a vendor of goods and/or services under the social services program.
“Purchased Services” means those services made available to recipients through either another public agency, a private agency, or a private individual under contract with the state or county department.
“Reasonable Efforts” is defined in the Children's Code (Section 19-1-103, C.R.S.).
“Recipient” means any individual or family who is receiving or has received benefits from the programs of public assistance administered or supervised by the state department pursuant to the provisions of Title 26, C.R.S. Recipient also means an individual with whom, or for whom, a specific goal is established and to whom services are provided or purchased for the sole purpose of achieving this goal. Services are considered to be provided to the recipient when they are provided to, or on behalf of, other members of the recipient's family to facilitate achievement of the recipient's goal.
“Safety” means the absence of conditions that are likely to result in harm to the child.
“Siblings” means a sibling from birth who is descended from one or two mutual parents, stepbrother, former stepbrother, stepsister, or a former stepsister as defined in Section 19-1-128(5), C.R.S. for the purpose of sibling visitation.
“State Department” means the Colorado Department of Human Services.
“Supplemental Security Income (SSI)” means monthly cash payments made by the Social Security Administration to an aged, blind, or disabled individual who meets the requirements under Title XVI of the Social Security Act.
“Supportive Activities” means those activities of the informational, statistical, clerical personnel, and staff training systems which support the social services program.

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[Instructions: replace line 1649019.] 
7.003.3  PURCHASE OF PROGRAM SERVICES [Rev. eff. 4/1/12]

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[Instructions: replace lines 1649030 through 1649032.] 

[B.]  
3.  Case services authorized in the Adoption Services and Relative Guardianship Assistance Program sections that are specified in a current signed adoption or relative guardianship assistance agreement. 
4.  Other case services provided to children in out-of-home placement when such services are not a part of either room and board or Medicaid treatment or case management services.

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(12 CCR 2509-3)

[Instructions: replace lines 1860076 through 1860092.] 
7.203.2  CHILD WITH ADOPTION ASSISTANCE OR RELATIVE GUARDIANSHIP ASSISTANCE [Rev. eff. 4/1/12]
Requirements for the Adoption Assistance Program and the Relative Guardianship Assistance Program were consolidated into their respective sections.
A.  The Adoption Assistance Program is located in Section 7.306.4 (12 CCR 2509-4).
B.  Relative Guardianship Assistance is located in Section 7.311 (12 CCR 2509-4).
7.203.3  CHILD WITH MEDICAID ONLY SERVICES
7.203.31  Target Groups [Rev. eff. 4/1/12]
A.  Children in foster care who have been determined Title IV-E eligible and have moved into or out of Colorado.
B.  Children for whom an adoption assistance agreement is in effect and who have moved into or out of Colorado. See Section 7.306.4 (12 CCR 2509-4) for details regarding children with adoption assistance.
C.  Children with a Title IV-E Relative Guardianship Assistance agreement with a payment in effect and who have moved into or outside of Colorado. 
D.  Children eligible for Home and Community Based Services or Home Health Care Services as defined in Section 8.500 of the Department of Health Care Policy and Financing's Medical Assistance manual (10 CCR 2505-10). Children enrolled in the Home and Community Based-Developmentally Disabled Waiver Program administered through Community Centered Boards and the Department of Human Services, Developmental Disabilities Services, are not eligible for services in this target group. 
7.203.32  Intake/Assessment [Rev. eff. 4/1/12]
For children and youth moving to Colorado, the county department shall: 
A.  Verify from the Interstate Compact on the Placement of Children (ICPC) request from the sending state that the child or youth is eligible for IV-E foster care from the state of origin.
B.  For adopted children and youth, include a copy of the Interstate Compact on Adoption and Medical Assistance (ICAMA) form and the adoption assistance agreement in the child's file or provide a copy of the Guardianship Assistance agreement. 
C.  Enter information about the child or youth into the State Department’s automated system and verify that a Medicaid card has been sent to the foster care provider, the adoptive parent, or the guardian. 
D.  Notify the foster care provider, the adoptive parent, or the guardian using the SS-4 Form that the child or youth is eligible for Medicaid only from Colorado. In addition, advise the provider to notify the county department if foster care is stopped by the originating state or of any change of address. In the case of an adopted child or youth, or those with a guardian, advise the adoptive parent or guardian to notify the county department and the state of origin of any change of address. 
E.  Verify annually from the state of origin that the child or youth is eligible for Medicaid.
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(12 CCR 2509-4)

[Instructions: replace line 1860195.] 
7.301.242  Procedures for Maintaining Education Records [Rev. eff. 4/1/12]

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[Instructions: replace lines 1670885 through 1670887.] 
7.302  CHILD WELFARE CHILD CARE [Rev. eff. 4/1/12]
Child Welfare Child Care is a service to maintain children in their own homes or in the least restrictive out-of-home care when there are no other child care options available. Child Welfare Child Care is not twenty-four (24) hour care.
Child care services for school-age children during regular school hours must be different from, and cannot be substituted for, educational services that school districts are required to provide under the Colorado Exceptional Children's Act. 

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[Instructions: replace lines 1670890 through 1670898.] 
7.302.2  CHILD CARE ARRANGEMENT AND FAMILY SERVICES PLAN [Rev. eff. 4/1/12]
The county department shall: 
A.  Complete the relevant sections of the Family Services Plan.
B.  Document how the child care plan provides for effective intervention for maintaining children in their own homes or in the least restrictive out-of-home care.
C.  Provide the client with information concerning child care services.
D.  Have face-to-face or telephone contact with the child and/or family a minimum of once a month, and with the provider a minimum of quarterly when the reason for the child care is child protection. These contacts shall include a discussion of current progress and future direction. If the child is in placement, the contact requirements in Section 7.001.6 (12 CCR 2509-1) shall be used. 
E.  Assess a client fee when applicable. Refer to Section 3.905, B (9 CCR 2503-1).
F.  Develop written criteria to be used to determine when the State set parental fee should be waived.
G.  Follow State rules for the Colorado Child Care Assistance Program (CCCAP) as found in rule manual Volume 3 “Income Maintenance” , Section 3.900 et seq. (9 CCR 2503-1).

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[Instructions: replace lines 1670950 through 1670963.] 
7.303.17  Performance Indicators [Rev. eff. 4/1/12] 
Core Services Program success shall be measured by the degree to which the following performance indicators identified in the Family Services Plan are achieved by clients.
A.  “Family Conflict Management”: The family shall demonstrate capacity to resolve conflicts and disagreements contributing to child maltreatment, running away, status offenses and delinquent behavior.
B.  “Parental Competency”: Parents will show ability to maintain sound relationships with their children and provide care, nutrition, hygiene, discipline, protection, instructions, and supervision.
C.  “Household Management Competency”: Parents will be able to provide safe environment for their children through competent household cleaning and maintenance, budgeting and purchasing, and structuring mealtime and families activities.
D.  “Resources Access Competency”: Parents will demonstrate ability to obtain help from the community and within the local, state, and federal governments.
E.  “Personal and Individual Competency”: Families will show awareness in terms of self-esteem, victim awareness, management of one's own history of victimization, sex education, peer relationships enhancement establishing appropriate physical and emotional boundaries for themselves and for their children, demonstrating assertive behavior, and assuming responsibility for one's own behavior.
F.  “Academic, Behavioral and Emotional Competency”: Children involved in day treatment settings will demonstrate ability to meet school requirements, to control behavior, and to control and communicate feelings.
G.  “Competence in Maintaining Sobriety”: Parents will be able to maintain sobriety and/or develop relapse plans to provide for the care, nutrition, hygiene, discipline, protection, instruction, and supervision of the child(ren). Child(ren) will be able to maintain sobriety and/or develop relapse plans to avoid running away, status offenses, or delinquent behavior.
The county department shall identify the degree to which the client met the treatment goals by entering the appropriate service leave reason on the Department's automated reporting system when closing the service on the Department's automated reporting system.

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[Instructions: remove lines 1671006 through 1671007; section 7.303.26 is deleted.] 

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[Instructions: replace lines 1860208 through 1860209.] 
7.304.21  Kinship Care [Rev. eff. 4/1/12]
A.  Definition: Kinship care is the full time nurturing and protection of children and youth by kin. Kin are relatives, persons ascribed by the family as having a family-like relationship, or they may be individuals that have a prior significant relationship with the child or youth. These relationships take into account cultural values and continuity of significant relationships.
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[Instructions: replace lines 1860262 through 1671181.] 

[D.] 
3.  Decision Making:
a.  As part of the assessment process, the county department shall determine, with the kinship care provider, which funding options and support services will be necessary to support the placement. If eligible, at a minimum, the following funding sources shall be considered to support the child(ren) in a kinship care placement:
1)  Child Support by the absent parent(s). For Child Support, a referral shall be made to IV-D;
2)  Social Security and/or other death benefits;
3)  Supplemental Security Income; see Section 7.001.44 (12 CCR 2509-1); 
4)  Supplemental Security for Disability Income;
5)  Temporary Assistance to Needy Families - for kinship care to be supported by Temporary Assistance to Needy Families, the caretaker must meet the Temporary Assistance to Needy Families definition in Section 3.600 of the Income Maintenance manual (9 CCR 2503-1);
6)  Tricare or other medical benefits;
7)  Medicaid, if eligible;
8)  Core Services, if eligible (Section 7.303);
9)  Child Welfare Child Care, if eligible;
10)  Colorado Child Care Assistance Program, if eligible;
11)  In-Kind Services or Donations;
12)  Kinship family foster care maintenance payment, if eligible; see Section 7.500.31, A (12 CCR 2509-6);
13)  IV-E or state adoption assistance, if eligible.
b.  This decision making process shall address the needs of the child, family and kin and focus on how the goals of safety, permanency, and child well-being can be most effectively achieved for the child.
c.  The kinship care provider shall be advised of all support options available, and shall be advised of the grievance process available to certified and licensed providers.
d.  Requests for approval for any exceptions for relatives to the family foster care rules outlined in Section 7.708 (12 CCR 2509-8) shall be submitted by the county department or child placement agency to the State Child Care Appeal Panel in accordance with procedures established by the Colorado Department of Human Services.
4.  Services to kinship care providers shall:
a.  Include training, support and services specific to the needs of kinship care providers.
b.  Include supervision as described in the child’s Family Services Plan and in Section 7.500.313, A (12 CCR 2509-6). 
5.  Services to children in all kinship care placements shall:
Include the requirements of Section 7.301 (12 CCR 2509-4), assessment and case planning section.
6.  Permanency Planning in Kinship Care
a.  When a child has been placed by the county department into temporary kinship care and reasonable efforts to reunite the child with the parents are not successful, the county department shall consider permanent placement with the kinship care provider or other appropriate kin. The preferred permanent placement shall be adoption, legal guardianship, or permanent custody.
b.  The grandparent, aunt, uncle, brother or sister must file a request with the court no later than twenty (20) days after the motion for termination has been filed, if the provider wishes to be considered as the guardian or to take legal custody of the child. Following the order of termination of the parent-child legal relationship, the court shall give preference to this provider if it has been determined to be in the best interest of the child and the attachment of the child to the current caregiver has been considered.

[ed. note: Sections 7.304.22-7.304.23 are deleted.]  

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[Instructions: replace lines 1671414 through 1671417.] 
7.304.661  Out-of-Home Placement [Rev. eff/ 4/1/12] 
A.  The county department shall contract with providers for specific services using the state prescribed contracts. The contract shall specify the responsibilities of the provider and the county for services to be provided to the child and family, in conjunction with the Family Services Plan. The county department shall monitor the services purchased from Residential Child Care Facilities, Child Placement Agencies, Core Service Program and all out-of-home providers at least monthly, by face-to-face or telephone contact with the provider. The county department shall contract with providers to submit written quarterly progress reports to the county department and to attend Administrative Reviews in person or by conference call. The county department shall participate in staffings or planning meetings on a regular basis as defined in the case plan. The county shall contract with providers to comply with the county designated visitation plan as specified in the placement agreement.
B.  The county department shall reassess the case plan with the provider at least every six months and document progress toward goals, including discharge planning. It shall make necessary modifications to the plan based on mutual treatment planning with the provider.
C.  If there are problems or complaints concerning the care or treatment of a child in a purchased Residential Child Care Facility or Child Placement Agency placement, or Core Services Program services, or a report of violations of child care standards, the county department shall report the circumstances to the licensing or certifying authority within 24 hours. If the nature of the complaint involves an allegation of abuse or neglect, a report to the local investigating authority shall be made immediately. 

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[Instructions: replace lines 1860982 through 1860425.] 
7.304.73  Rights of Denied Foster Parent Applicant [Rev. eff. 4/1/12]
Refer to Section 7.500.351, F, for this information.
7.304.74  Responsibilities of Foster Parents [Rev. eff. 4/1/12]
As the provider, the family foster parents shall:
A.  Participate with the county department as an active team member in case planning and service delivery, including attendance at staffings and meetings, as specified in each child’s Family Services Plan. The provider’s signature on the Family Services Plan is required for each child placed.
B.  Work actively with families of origin as specified in each child’s Family Services Plan. 
C.  Keep weekly records of each child’s behavior and progress and submit those records monthly to the county department. Copies shall be maintained in the child’s file kept by the provider.
D.  Provide written notice to employees of the State Department and county departments or other individuals with a need to know, if the foster parent does not want personally identifiable information provided to adult members of the foster child's family. Written notice may be subsequently provided to the parties aforementioned for release of personally identifiable information to the foster child's family; such information shall include the consent to release information, the foster parent's signature, and the date.
7.305  EMANCIPATION SERVICES
7.305.1  INDEPENDENT LIVING [Rev. eff. 4/1/12] 
Independent Living includes programs and services to prepare youth in out-of-home care for the transition from a structured living environment to living on their own. Services for all children and youth in out-of-home care should include efforts to build life skills and self-sufficiency competencies; however, such services are mandatory for youth age sixteen (16) and over. 

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[Instructions: replace lines 1860455 through 1860461.] 
7.305.4  CHAFEE FOSTER CARE INDEPENDENCE PROGRAM (CFCIP) – TITLE IV-E INDEPENDENT LIVING GRANT INITIATIVE [Rev. eff. 4/1/12]
The Chafee Foster Care Independence Program (CFCIP) is a federally funded statewide independent living program that is county administered.
The purpose of the Chafee Foster Care Independence Program is to provide age appropriate independent living resources to youth in out-of-home care who are at risk of aging out of foster care. These services shall supplement existing independent living resources and programs in county departments, residential child care facilities and child placement agencies, and by federal statute, shall not replace or duplicate existing services. Chafee Foster Care Independence Program funds shall not be used for room and board for a youth under eighteen (18) years of age. The eligible population includes:
A.  Youth currently in out-of-home care, fifteen (15) up to eighteen (18) years of age, and in out-of-home care for a minimum of six (6) months. Consecutive months are not required;
B.  Emancipated young adults age eighteen (18) to twenty one (21), who were in out-of-home care on their 18th birthday; and,
C.  Youth age sixteen (16) to twenty one (21) who meet requirements for relative guardianship assistance, and youth age sixteen (16) to twenty one (21) who meet requirements for adoption assistance or who met such requirements prior to their 18th birthday. 

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[Instructions: replace lines 2075892 through 2075905.] 
7.305.42  Eligibility [Rev. eff. 4/1/12]
To be eligible for Chafee Foster Care Independence Program (CFCIP) services, the youth must: 
A.  Meet Program Area 4, 5, or 6 target group eligibility requirements or meet community placement requirements for the Division of Youth Corrections
B.  Be at risk of aging out of foster care which includes youth: 
1.  Currently in out-of-home care, fifteen (15) up to eighteen (18) years of age, and in out-of-home placement for a minimum of six (6) months. Consecutive months are not required;
2.  Age sixteen (16) to twenty-one (21), who meet requirements for Relative Guardianship Assistance and entered Relative Guardianship on or after age sixteen (16);
3.  Age sixteen (16) to twenty-one (21), who meet requirements for Adoption Assistance and entered Adoption Assistance on or after age sixteen (16);
4.  Emancipated young adults age eighteen (18) to twenty-one (21), who were in out-of-home care on their eighteenth (18th) birthday.
C.  Have a current Family Services Plan in the State Department’s automated system. For youth who entered into a Relative Guardianship or Adoption Assistance agreement at age sixteen (16) or older, the following may be used in lieu of a Family Services Plan:
1.  The Relative Guardianship or Adoption Assistance agreement; or,
2.  An Independent Living Plan developed on or prior to the eighteenth (18th) birthday.
D.  Participate on a voluntary basis. The youth may decide to refuse services, but shall be entitled to reconsider his or her choice and receive services at a later date.
E.  Follow the plan developed with the youth and the county department regarding participation in the Chafee Foster Care Independence Program.

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[Instructions: remove lines 2219929 through 2219932; Section 7.306.35 is deleted.] 

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[Instructions: replace lines 1671922 through 1671923.] 
7.307.1  USE AND OBSERVANCE OF THE COMPACT [Rev. eff. 4/1/12] 
County departments, other Colorado licensed placement agencies, and when applicable, individual residents, shall follow all rules, regulations, and procedures of the Interstate Compact on the Placement of Children, as stated in Section 24-60-1801, 1802, C.R.S., and Section 19-1-115, C.R.S. Regulations I through XI are on file at the Colorado Department of Human Services, Interstate Compact Office, Child Welfare, 2nd Floor, 1575 Sherman Street, Denver, Colorado 80203-1714. Regulation I was amended on April 18, 2010. Regulation II was amended on April 30-May 1, 2011. Regulation III was amended on April 30-May1, 2011. Regulation IV was amended on April 29–May 2, 2001. Regulation V was amended in April 2002. Regulation VI was amended on April 29-May 2, 2001. Regulation VII was amended on April 30-May 1, 2011. Regulation VIII was amended on April 30-May 3, 2000. Regulation IX was amended in April 2002. Regulation X was amended in April 2002. Regulation XI was adopted on April 18, 2010. These regulations are adopted pursuant to Article VII of the Interstate Compact on the Placement of Children by action of the Association of Administrators of the Interstate Compact on the Placement of Children at its annual meeting. The information incorporated here by reference may be examined at the Department of Human Services as indicated above, at any county department of social services, or at any state publications depository library.

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[Instructions: replace lines 1671971 through 1672014.] 
7.307.52  Requirements When Colorado is the Receiving State [Rev. eff. 4/1/12]
When Colorado is the receiving state of an Interstate Compact on the Placement of Children Request for Placement, all such requests shall be sent by the sending state directly to the correct county department or to the Colorado Deputy Compact Administrator who shall forward the request packet to the correct county department or licensed Child Placement Agency.
A.  Upon receipt, the county department Interstate Compact on the Placement of Children liaison or designee shall review the request for compliance with the Compact and all relevant Colorado and federal laws, and take appropriate action.
B.  The county department staff or licensed Child Placement Agency staff assigned to the Interstate Compact on the Placement of Children cases shall:
1.  Complete a home study within sixty (60) calendar days of receipt of the request from the sending state.
2.  Provide protective services and supervision of the placement according to the treatment plan and case plan set up by the county department or court in the sending state.
3.  Provide written progress reports as required.
4.  Make determinations and recommendations to the sending agency for dismissal or continuation of the legal custody and jurisdiction in the sending state.
5.  Provide services, including protective services, to families and children covered by the Interstate Compact on the Placement of Children and other approved Interstate or inter-country placements as are provided to other similar placement cases that are the responsibility of a county department.
C.  These cases shall be subject to the same contact requirements as other Program Area 4, 5 or 6 cases. If circumstances prohibit such contact, the county department shall document exceptions to the minimum requirements on the alternative agency contact agreement with a signature of approval from the county department administrator or county director. Case contacts shall be documented in the State Department’s automated system.
D.  Requests for placement received from other states shall be opened as Program Area 6 in the State Department’s automated system. 
E.  The receiving state (Colorado) may close its Interstate Compact on the Placement of Children case when one of the following conditions have been met:
1.  The child has been adopted.
2.  The child has become self supporting or legally emancipated.
3.  The child has become eighteen (18) years of age.
4.  The Colorado county liaison or state Interstate Compact on the Placement of Children Administrator has granted permission for dismissal of the petition or termination of court jurisdiction.
7.307.6  INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPD) EXPEDITED PLACEMENT DECISION [Rev. eff. 4/1/12] 
To fulfill its obligations under Interstate Compact on the Placement of Children, interstate cases must be processed in a time frame and manner comparable to intrastate cases and intrastate hardship cases.
The expedited placement is designed to eliminate delays in the placement of children in appropriate family homes across state lines.
A.  All cases of expedited placement decision require an expedited placement decision court order.
B.  In addition, a expedited placement decision can only be made when the placement of the child is with a parent, step-parent, adult brother or sister, adult uncle or aunt, grandparent, or his/her guardian. 
7.307.61  Expedited Placement Decision Court Order Findings [Rev. eff. 4/1/12] 
A.  A valid expedited placement decision court order shall contain an express finding that one or more of the following circumstances applies to a particular case and sets forth the facts on which the court bases its finding:
The proposed placement resource is a relative as specified in 7.307.6, B, 1, and either. 
1.  The child is four (4) years old or younger and his/her sibling(s) if being placed in the same home; or, 
2.  The child is in an emergency placement, or,
3.  The court finds that the child or any child in the sibling group has a substantial relationship with the proposed placement resource. 
B.  In cases where the sending state court is not itself the sending agency, it is the responsibility of the sending agency to keep the court, which issued the priority order, informed of the status of the priority request.
7.307.62  Expedited Placement Decision Requirements when Colorado is the Sending State [Rev. eff. 4/1/12] 
A.  The county department holding legal custody and considering placement of a dependent child into any site out-of-state shall complete an Interstate Compact on the Placement of Children request as outlined in Section 7.307.51 of this staff manual. The Interstate Compact on the Placement of Children referral packet shall include a valid expedited placement decision court order (the Sending State Expedited Placement Decision Request form 101) and the 100As. 
B.  There are specific time frames in processing expedited placement decision requests.
1.  Time periods in these procedures may be modified with a written agreement between the court which made the expedited order, the sending agency, the Colorado Interstate Compact on the Placement of Children county liaison and the receiving state Compact Administrator. Any such modifications shall apply only to the single case to which it is addressed. 
2.  The court sends a copy of its signed order for expedited placement decision to the sending agency within two (2) business days of the hearing or consideration of the request. 
3.  Within three (3) business days of receipt of the expedited placement decision court order, the county caseworker shall transmit the signed court order, completed forms, and supporting documentation to the Interstate Compact on the Placement of Children county liaison.
4.  Within two (2) business days after receipt of the expedited placement decision request, the Interstate Compact on the Placement of Children county liaison shall transmit the complete expedited placement decision request and its accompanying documentation by overnight mailing to the receiving state Compact Administrator together with a notice form that the request is entitled to expedited processing. 
7.307.63  Expedited Placement Decision Requirements when Colorado is the Receiving State [Rev. eff. 4/1/12] 
A.  Within two (2) business days after receipt of a complete expedited placement decision referral packet from the sending state, the Interstate Compact on the Placement of Children county liaison shall forward the referral to the county caseworker.
B.  Within fifteen (15) business days, the county caseworker shall forward the completed home study to the Interstate Compact on the Placement of Children county liaison. 
C.  Within three (3) business days after receipt of the home study, the Interstate Compact on the Placement of Children (ICPC) county liaison shall approve or deny the placement on the ICPC form 100A and provide the home study report to the sending state by expedited transmission. 
7.307.64  Expedited Placement Decision Non-Compliance [Rev. eff. 4/1/12] 
If the receiving state Compact Administrator fails to complete action as the receiving state within the prescribed time period allowed, the receiving state shall be deemed to be out of compliance with Interstate Compact on the Placement of Children.

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[Instructions: replace lines 1860698 through 1860700; Section 7.310.6 is deleted and 7.310.7 is renumbered.] 
7.310.6  PERFORMANCE INDICATORS [Rev. eff. 4/1/12]

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[Instructions: replace line 2107105.] 
7.311.5  RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM SERVICES [Rev. eff. 4/1/12]

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[Instructions: replace lines 2107128 through 2107134.] 
D.  County Department Requirements for Relative Guardianship Assistance
1.  While the Relative Guardianship Assistance agreement is in effect, a combined record for each youth or child and the relative guardian shall be maintained.
A combined record shall contain documentation about each youth or child and the relative guardian, which is relevant to the guardianship assistance agreement including, but not limited to, application, Structured Analysis Family Evaluation (SAFE) home study and applicable update(s) related to the relative guardianship, medical records, placement history, specific needs requiring purchase of services, confirmation of second opinions of professionals outside of the county department (licensed social worker, doctor, psychologist, or mental health specialist), annual school reports, and other applicable reports or evaluations.
2.  The county department shall prepare the documentation necessary for the youth or child for relative guardianship assistance on the State Department’s prescribed form no later than one calendar month prior to the court appointment of the relative guardianship.
3.  The county department shall review the information on the State Department’s prescribed form with the relative guardian. All parties shall date, sign, and initial the document before the court appoints the relative guardian.
4.  The county department shall enter the legal relative guardianship information for each youth or child into the State Department’s automated system within thirty (30) calendar days following the date that the court appoints the relative guardian. The eligibility determination shall be completed in the Title IV-E module within forty-five (45) calendar days following the date that the court appoints the relative guardian. 

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[Instructions: replace lines 2107150 through 2107151.] 
7.311.61  Title IV-E Relative Guardianship Assistance [Rev. eff. 4/1/12]
A.  Title IV-E relative guardianship assistance services may be provided to a youth or child who meets eligibility criteria as determined in the Title IV-E module, and: 

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[Instructions: replace lines 1860815 through 1860816.] 
7.311.62  State-County Relative Guardianship Assistance (Non-Title IV-E) [Rev. eff. 4/1/12]
A.  Non-Title IV-E relative guardianship assistance services may be provided to a youth or child who does not meet eligibility criteria as determined in the Title IV-E module, and: 

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(12 CCR 2509-5)

[Instructions: replace lines 1585624 through 1585632.] 
7.402.3  MEDICAID FOR CHILDREN COVERED BY THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN [Rev. eff. 4/1/12]
A.  Children moving to Colorado:
1.  The county department shall establish eligibility for Medicaid for IV-E eligible children moving form another state into Colorado for out-of-home care when the state or origin provides verification of IV-E eligibility. The letter of verification shall contain the date of discontinuation of medical assistance from the state of origin. 
2.  If the child is placed with a parent, it is the responsibility of the parent to provide financial support and medical coverage or to apply for medical assistance in the county where he/she resides regardless of the child being determined Title IV-E eligible or not Title IV-E eligible by the state of origin. 
3.  Medicaid eligibility in Colorado shall begin the month following the discontinuation of medical assistance by the state of origin.
4.  Medical assistance for children who are not IV-E eligible and who are moving to Colorado for out-of-home care is the responsibility of the state of origin.
B.  Children moving from Colorado:
1.  The county department shall establish eligibility for Medicaid for IV-E eligible children moving to another state from Colorado for out-of-home care. The county department shall provide the receiving state verification of IV-E eligibility and notification of the last date of Medicaid coverage under Colorado Medicaid.
2.  Children from Colorado who are not IV-E eligible and who move to another state for out-of-home placement must have a plan for medical assistance in place prior to placement out of state. 
3.  If the child is placed with a parent, it is the responsibility of the parent to provide financial support and medical coverage or to apply for medical assistance in the new state where he/she resides regardless of the child being determined Title IV-E eligible or not Title IV-E eligible by the county department of human/social services. 
4.  The county department shall provide the Interstate Compact on Adoption and Medical Assistance (ICAMA) forms and a copy of the adoption assistance agreement to the receiving state within the same month when the change from foster care to adoption occurs.

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[Instructions: replace lines 1433153 through 1433154.] 
7.405.1  GENERAL [Rev. eff. 4/1/12]
The county department shall be reimbursed for child welfare services when State program and fiscal requirements are met. Reimbursement shall be eighty percent (80%) of the approved allowable cost, within the available allocation. 

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[Instructions: replace lines 1948928 through 2252410.] 
7.406.1  THE STATE REIMBURSES WHEN [Rev. eff. 4/1/12]
A.  The county's case record contains required program documentation. For out-of-home placement, documentation shall include the requirements listed under Section 7.304.51 (12 CCR 2509-4), Authority for Placement.
B.  Care is provided after the case is open and before the case is closed.
C.  The child is with a provider in possession of a valid certificate or license, when one is required.
D.  Placement is with an in-state Residential Child Care Facility or Child Placement Agency on the state approved vendor list or with out of state placement providers as approved through the Interstate Compact on the Placement of Children.
E.  A youth over eighteen (18) years of age is in placement only when the court had jurisdiction before the 18th birthday and the court orders out- of-home placement.
F.  A child is absent from an out-of-home placement and the county department elects to reimburse the provider during the absence period for the placement for one of the following reasons:
1.  The absence does not exceed seven days per absence, with only one (1) seven-day total reimbursement within thirty (30) calendar days for the following reasons:
a.  The child has run away,
b.  Trial home visit,
c.  Trial provider visit,
d.  Child in detention; or,
e.  The child has been kidnapped.
2.  Thirty (30) calendar day absences are allowed for the following reasons:
a.  Respite (unless care is being provided and it violates Section 7.708.31, D (12 CCR 2509-8) and causes a family foster care home to be over capacity); or,
b.  The absence occurs during the first thirty (30) days of a hospitalization.
3.  For children enrolled in the Children's Habilitation Residential Program Waiver (CHRP), the county may continue payment of the equivalent of the maximum federal Supplemental Security Income benefit during all absences.
G.  The out-of-home placement duration for a voluntary Title IV-E child does not exceed 180 calendar days when the county department has filed for a petition to review the need for placement by the 90th calendar day and the county has a correctly worded court order issued, based on the request of the petition to review the need for placement; see Court-Related Procedures, Section 7.304.53 (12 CCR 2509-4).
H.  The county department reports an out-of-home or Core Services Program care placement in the Department's automated reporting system within ninety (90) calendar days of its beginning. The State reimburses for retroactive payments not greater than the current and two (2) preceding months. 
I.  The county department places children in out-of-home care within the provider's licensed or certified capacity or if the licensed/certified capacity is exceeded with the placement of a sibling group. The county shall document that there are no other appropriate placements available.
J.  A child is in a Child Placement Agency or Residential Child Care Facility within Colorado for longer than ten (10) working days and an agreement to purchase Child Placement Agency or Residential Child Care Facility services is completed for the child.
K.  A child is in a Child Placement Agency or Residential Child Care Facility within Colorado for less than ten (10) working days and the facility has an emergency shelter contract with a county department.
L.  Out-of-home placement occurs in facilities holding current certificates or licenses, including kinship family foster care placement.
M.  Children are placed in Child Placement Agencies and Residential Child Care Facilities outside of Colorado according to the rules for out of state placement and Interstate Compact on the Placement of Children.
N.  Respite care is paid to providers of family foster care. This includes county department or child placement agency family foster homes, or adoptive homes receiving a foster care payment and kinship family foster care providers. It does not include family foster homes that provide receiving home care.
O.  The child enters care (first day) but not for the last day in care.
P.  The child is placed and removed on the same day.
Q.  The state reimburses for independent living arrangements for youth sixteen (16) through the end of the month of the twenty first (21st) birthday, when the county has custody and the court has had jurisdiction before the eighteenth (18th) birthday. The state reimburses for independent living services for youth provided that the youth's assets do not exceed five thousand dollars ($5,000).
R.  Child Welfare Child Care program criteria are met. 
S.  The Core Services Program is operated within applicable state rules and within the provisions of the county or multi-county state approved Core Services Plan.
T.  Client travel costs for out-of-state placement and supervision activities are related to out-of-home placements approved through the Interstate Compact county liaison and the receiving state Interstate Compact on the Placement of Children office. Staff travel costs are reimbursed through county administration.
U.  Payments for out-of-home care and rate adjustments are pro-rated using the foster care daily rate in the State Department's automated reporting system.
V.  The developmental disability rate for children placed in family foster care, kinship family foster care, receiving home care, specialized group care in specialized group homes and centers, specialized foster care in county certified family foster homes, and homes in which a subsidized adoption maintenance payment is made. 
W.  The county department for expenditure for clothing purchased for a child in out-of-home care. The state reimburses retroactive clothing payments not greater than the current and two preceding months.
X.  The child is in out-of-home care and the county department lists a child free for adoption with the Colorado Adoption Resource Registry within ninety (90) calendar days following: 
1.  The date of relinquishment or termination of the parent-child relationship, or
2.  The date of placement into out-of-home care following an adoption dissolution.
Y.  The child is in out-of-home care, the county department requests and the State approves an exclusion from Colorado Adoption Resource Registry listing for a child free for adoption within ninety (90) calendar days following:
1.  The date of relinquishment or termination of the parent-child relationship; or,
2.  The date of placement into foster care following an adoption dissolution.
Z.  If the state approves a Colorado Adoption Resource Registry exclusion because the county finds an adoptive home, reimbursement for out-of-home care is limited to six months from the date the state department receives the request for exclusion.
AA.  Costs are billed for the current and two (2) preceding months.
BB.  The Early intervention and Prevention Program is operated within applicable state rules and within the provision of the county or multi- county state approved services plan.
CC.  A child with development disabilities has been placed in a locked residential setting for treatment and the county has obtained a court order of legal imposition of disability pursuant to Section 27-10.5-110, C.R.S.
DD.  A county department pays incentives to a consortium for meeting or exceeding agreed to outcomes.
EE.  A county department may pay a consortium, if the consortium's outcome measures meet or exceed the agreed to standard.
FF.  A county department purchases Transition Program services provided by an RCCF that is on the approved State RCCF vendor list. In no case shall the rate for transition services exceed the RCCF rate approved by the county department.
GG.  Placement of a child in a provisionally certified family foster care home that is fully certified within sixty (60) calendar days from the date of the application.
HH.  A county department documents the lawful presence of children age eighteen (18) and over receiving services other than those excluded from the definition of a federal public benefit, or state and local public benefits as those terms are defined at Section 24-76.5-102, C.R.S.
II.  Subject to available appropriations, a county negotiates provider rates by either a request for proposal process or other methodology that is submitted at least annually to and approved by the State and includes the following: 
1.  The instrument(s) that will be used to identify and document the needs of the child.   Eff  03/01/2008
2.  The process for documentation of provider participation and agreement regarding:   Eff  03/01/2008
a.  The needs of the child and the services that are going to be delivered.   Eff  03/01/2008
b.  Services that will be provided for the payment.   Eff  03/01/2008
c.  Outcomes to be achieved.   Eff  03/01/2008
3.  The county's policy for:   Eff  03/01/2008
a.  Determining the timeframes for negotiation or re-negotiation of rates, services, and outcomes.   Eff  03/01/2008
b.  Discussion of legislated provider rate increases in negotiation or re-negotiation of rates, services, and outcomes.   Eff  03/01/2008
c.  Actions to be taken if services are not delivered or outcomes are not met.   Eff  03/01/2008
JJ.  Reasonable travel is provided to the school where the child is enrolled prior to out-of-home placement.
KK.  Reasonable costs are provided for liability insurance for a child.
LL.  Adoption Assistance and Relative Guardianship Assistance Program payments are made in compliance with requirements.
MM.  Case services in adoption assistance agreements and relative guardianship assistance agreements.
NN.  Non-recurring expenses for adoption assistance and relative guardianship assistance agreements.
7.406.2  THE STATE DEPARTMENT SHALL NOT REIMBURSE [Rev. eff. 4/1/12]

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[Instructions: replace lines 2252423 through 2252437.] 
M.  Placement of a child in a foster home, if that placement will result in more than two (2) children enrolled in the Children's Habilitation Residential Program (CHRP) waiver funding or more than two (2) foster children and one (1) child enrolled in the CHRP waiver, unless there has been prior written approval by the CHRP waiver administrator. Placements of three (3) children enrolled in the CHRP waiver may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home. In any case, no more than three (3) children enrolled in the CHRP waiver and no (0) non-CHRP children will be placed in one (1) foster home. Any placement resulting in three (3) CHRP children placed in a foster home must have prior approval by the CHRP waiver administrator. 
FAMILY FOSTER HOME (COUNTY OR CPA) MAXIMUM CAPACITY
CHRP	Non-CHRP	Total Children	
1	2	3	
2	0	2	
3	0	3	

N.  Placement of a child in a specialized group facility if that placement will result in more than eight (8) children and one (1) child enrolled in the Children's Habilitation Residential Program (CHRP) funding or five (5) foster children and two (2) children enrolled in the CHRP waiver, unless there has been prior written approval by the CHRP waiver administrator. If Placement of a child in a Specialized Group Center will result in more than three (3) children enrolled in the CHRP waiver, then the total number of children paced in that Specialized Group Center will not exceed a maximum of six (6) total children. Placements of more than three (3) children enrolled in the CHRP waiver may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home. 
SPECIALIZED GROUP FACILITY MAXIMUM CAPACITY
CHRP	Non-CHRP	Total Children	
1	8	9	
2	5	7	

O.  Placements of children enrolled in the Children's Habilitation Residential Program (CHRP) waiver when the county is not in compliance with rules contained in the Department of Health Care Policy and Financing's Medical Assistance Manual at Section 8.508 (10 CCR 2505-10).
P.  Placement of child in a foster home, if the foster parent(s) have not completed twelve (12) hours of foster parent core training. If a child is already in the home, the placement shall not be disrupted, but no additional children shall be placed until the training is completed.
Q.  For "child specific" or kinship family foster care placements exceeding sixty (60) calendar days in a provisional status.
R.  For children that do not have a diagnosis of developmental disability as defined in Section 27-10.5, C.R.S., and who are placed with a service agency that has been approved through Developmental Disabilities Services.
S.  For children placed in locked facilities through county departments, except as outlined in Section 7.406.1, CC.
T.  For consortium fees, if the consortium is not registered with the State Department.
U.  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.
V.  Placement of a child living in a family foster care home with his/her parent(s), including in kinship family foster care. 

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[Instructions: replace lines 1427026 through 1427028.] 
7.408  REIMBURSABLE DUAL PAYMENTS AND DUAL PLACEMENTS [Rev. eff. 4/1/12] 
A.  The state reimburses for simultaneous placements in family foster care, kinship family foster care, specialized group care, or residential child care and receiving home or shelter care.
B.  The state reimburses for simultaneous placements in state-approved transition or home-based programs and family foster care, specialized group care, receiving home care, shelter care, residential child care, independent living, kinship family foster care, or subsidized adoption.

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[Instructions: replace lines 1427040 through 1427050.] 
7.410  CASE SERVICE PAYMENTS FOR CHILDREN PLACED IN OUT-OF-HOME CARE [Rev. eff. 4/1/12] 
Case services are a type of purchased program services that support a case plan for children in out-of-home placement, adoption assistance, or a Relative Guardianship Assistance agreement.
A.  The State reimburses for a one time physical, dental and psychological examination for individual eligible children in out-of-home care per Section 7.003.3, B, 2 (12 CCR 2509-1). 
B.  The State reimburses county departments for client transportation as a case service from out-of-home care funds when travel is necessary:
1.  For children in out-of-home care to receive services specified in the Family Services Plan that are directly related to visitation and reunification.
2.  To return runaways, who are in county department custody, to their Colorado home county.
3.  To facilitate a permanent plan through the Interstate Compact on the Placement of Children.
C.  The State does not reimburse for transportation when the: 
Child is eligible for Medicaid and the transportation is to enable him/her to secure medical benefits. 
D.  The State reimburses county departments for case services provided to children placed by provider consortiums/networks when such services are not a part of either room and board or Medicaid treatment/case management services.
E.  The State reimburses county departments for other case services provided to children in out-of-home placement when such services are not a part of either room and board or Medicaid treatment or case management services.

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[Instructions: replace lines 1427082 through 1427107.] 
7.415  REPORTING [Rev. eff. 4/1/12] 
A.  The county department shall make timely and accurate reports in all applicable automated reporting systems operated by the state. The reporting of placements and placement changes in the automated reporting systems operated by the state shall be made prior to the next payroll.
B.  The county department shall report client case and placement information in the automated reporting systems operated by the state when one or more of the following occurs:
1.  The county department opens a case and determines the target group eligibility or re-determines a change in target group eligibility; or,
2.  The child is in out-of-home or Core Services care and the funding source is determined or changes; or,
3.  An out-of-home, relative, adoption assistance, Relative Guardianship Assistance, or Core Services care placement is made, the placement changes or ends, or a change in the level or nature of a payment must be authorized; or,
4.  A court orders a change in the custody of a child or other legal action occurs; or,
5.  The State Department's automated system special consideration codes are relevant; or,
6.  The child is legally free for adoption; or,
7.  The child is placed for adoption and gets a new identity (name, household number, State ID); or,
8.  The child is in Colorado from another state for Interstate Compact on the Placement of Children supervision or Medicaid only; or,
9.  Within thirty (30) calendar days of a decision to close the case.
C.  The county department shall report confirmed incidents of abuse and neglect in the State Department’s automated system. 
D.  The county department shall report the Medicaid eligibility status of children out-of-home or in subsidized adoption using the FCS-100 system, when a child has:
1.  Eligibility for Medicaid and in out-of-home care or subsidized adoption; or,
2.  Categorical status or medical resource code changes; or,
3.  Changes from one placement to another; or,
4.  Been placed for adoption and gets a new identity (name, household number, State ID); or,
5.  Eligibility for an in-state medical effective span; and,
6.  Is in Colorado from another state and receiving Medicaid only (COBRA).
E.  The county department shall leave a case open on the Department's automated system for each child with a current subsidized adoption agreement. When the subsidized adoption agreement is terminated, the county shall close the child's case on the State Department's automated system and the FCS-100, if applicable.
F.  The county department shall only report Core Services clients in the State Department's automated system when both target group eligibility and Core Services eligibility criteria are met.
G.  For purposes of reporting and maintaining confidentiality in the State Department's automated system and other systems, the county department shall create a new adoptive identity (name, household number, state ID) different from the birth identity when the adoption of the child has been finalized, except in the following circumstances: 
1.  The name or identity of the child is not changed in the adoptive home. The birth name and birth state identification number is maintained. 
2.  The child is adopted by relatives and the name or identity is not changed after the adoption. The relative(s) is the caretaker(s) of the child in the birth case. 
H.  The county department shall consider siblings and their parents or legal caretakers as one household unit. When parental legal rights are terminated or relinquished, the new household unit may be an individual child or all siblings, depending upon whether the case plan is to place the siblings separately or together.
I.  The county department shall obtain social security numbers for children and enter them into the State Department's automated system.
J.  The county department shall provide information when requested by the state for special studies.

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[Instructions: replace lines 1427134 through 1427154.] 
7.417.1    COUNTY CERTIFIED PROVIDER REQUIREMENTS [Rev. eff. 4/1/12] 
County certified providers include family foster care homes, receiving homes, and kinship family foster care homes. County certified providers are reimbursed by the county department according to the procedures in this manual.
A.  Facilities must be certified in order for the county department to be reimbursed by the state.
B.  The pay period for foster care is the calendar month. The foster facilities are reimbursed for the day in which the child is placed in the home, but are not reimbursed for the day the child leaves it, unless the child was placed and removed on the same day.
C.    All certified facilities shall sign and use the relevant provider contract when they are certified and recertified.
D.  When a child is placed, the information shall be entered on the child placement log by the county department and the provider, and copies of the updated log shall be maintained in the provider file and by the provider in the facility.
E.  County departments shall evaluate receiving homes. Homes shall be evaluated after the first six months of operation and annually thereafter.
1.  An evaluation shall include, but not be limited to, the following information:
a.  Date of evaluation;
b.  Name of home;
c.  County department identification number;
d.  Licensed capacity;
e.  Average number of children in residence for the last six (6) months;
f.  Personnel, including the number of full time staff;
g.  Direct care services.
2.  The evaluator shall review an operating statement and financial records to determine if the home is maintaining records and files of revenue and expenditures. The operating statement shall be used to justify payments.
3.  Any incorrect payments to the home due to omission, error, fraud, or embezzlement shall be recovered from the home by deduction from subsequent payments.
4.  The evaluator shall discuss and review the evaluation with the home staff and obtain the signature of the operators.
5.  A home having an unsatisfactory evaluation will require re-evaluation for continuing use. If it is determined that the use of the home should be continued, the supervising agency will contract for improved performance. If after sixty (60) calendar days the unsatisfactory components have continued, the supervising agency shall terminate use of the home.
6.  If the staff of the home does not agree with the evaluation, an attempt shall be made to resolve the dispute within fifteen (15) working days by informal county grievance procedures, as determined by each county.

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[Instructions: replace lines 1427164 through 2252438; Section 7.417.3 is deleted and subsequent sections renumbered.] 
7.417.3  EMERGENCY SHELTER REIMBURSEMENT REQUIREMENTS [Rev. eff. 4/1/12] 
Reimbursement restrictions exist for facilities such as foster home, receiving homes and shelter facilities used as emergency shelter.
A.  Reimbursement for care is limited to ninety (90) consecutive days.
B.  For stays in care beyond sixty (60) calendar days, the county department shall document in the child's record information which:
1.  Indicates the county department has a specific plan for the child's living arrangements;
2.  Specifies the reasons for the extension from 60 to a maximum of 90 calendar days; and,
3.  Verifies that the extension will prevent additional temporary foster care placements until the plan can be implemented.
7.417.4  KINSHIP FAMILY FOSTER CARE PROVIDER REIMBURSEMENT REQUIREMENTS [Rev. eff. 4/1/12] 
A.  Kinship family foster care providers for Title IV-E eligible children shall receive the same reimbursement as non-relative family foster care providers. 
B.  Kinship family foster care providers may elect not to receive a money payment and may follow the grievance process for foster care providers when there is disagreement about such reimbursement rate.
C.  A child in the care of his/her parents is not considered to be living in a foster home and, therefore, is ineligible for foster care maintenance payments, including kinship care payments.
D.  Title IV-E reimbursable foster care payments may only be made to kin who are defined as an adult who is not a parent, but who is in one of the following groups:
1.  Any blood relative, including those of half- blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great- great.
2.  Stepfather, stepmother, stepbrother, and stepsister.
3.  Persons who legally adopt a child or his/her parent, as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law.
4.  Spouses of any persons named in the above groups even after the marriage is terminated by death or divorce.

[ed. note: Section 7.417.6 was deleted in entirety.]

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[Instructions: replace lines 1427224 through 1427243.] 
7.418.31  Operating an Out-of-Home Placement Provider Consortium [Rev. eff. 4/1/12]
An out of home provider consortium is defined at Section 26-6-102, C.R.S., as a “group of service providers that are formally organized and managed to achieve the goals of the county, group of counties, or mental health agency contracting for additional services other than treatment-related or child maintenance services”. 
A.  Each consortium shall be registered with the State Department providing information as follows:
1.  Name of consortium
2.  At a minimum: name, address, telephone, and e- mail of the members of the consortium/board of directors.
3.  Legal status of the consortium as established by the Secretary of State.
4.  The purpose of the consortium and the population to be served.
5.  Contact person: Director of consortium, name and address.
6.  Liability insurance carrier for the consortium.
B.  Each consortium shall file an annual report with the State Department, depicting the activities of the consortium that includes:
1.  Information regarding contracts held.
2.  Outcome data/studies.
3.  Data on children involved.
4.  Complaint and resolution process.
5.  Description of the justification for different rates charged to different counties.
C.  Each consortium: 
1.  Shall cooperate with the State Department, counties and other entities in seeking the maximum federal fiscal reimbursement for children participating in consortium services.
2.  May enter into contracts with county departments for additional services and outcomes, in addition to treatment and maintenance, to be provided to children in care.
3.  Shall include planned outcomes achieved on behalf of a child along with the consequence for not achieving the outcome in contracts.
4.  Shall develop and implement corrective action plan with either the State Department or county departments when performance fails to meet contracted expectations. 

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[Instructions: replace lines 1427256 through 1427257.] 
7.420  RATES FOR CHILDREN WITH DEVELOPMENTAL DISABILITIES OR PHYSICAL HANDICAPS [Rev. eff. 4/1/12]
The rate for professional services for children with developmental disabilities or physical handicap, and not enrolled in the Children’s Habilitation Residential Program (CHRP) waiver, may be established at a higher level than foster care rates for foster family homes, certified kinship care homes, receiving homes, and specialized group homes and centers due to the additional care needed. The county department shall consider the additional needs of the child to determine the appropriate rate in accordance with the following criteria: 

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(12 CCR 2509-6)

[Instructions: replace lines 2170171 through 2170173.] 
7.500.11  Target Groups [Rev. eff. 4/1/12] 
Target groups served by this program area are the individuals who will be serving the department's clients in such roles as foster or kinship foster parents for children or adults or day care providers or adoptive parents. 
7.500.2  ASSESSMENT OF FOSTER HOME AND ADOPTIVE HOME [Rev. eff. 4/1/12]

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[Instructions: replace lines 2170196 through 2170231.] 

[A.] 
4.  Kinship Family Foster Care
The applicant’s ability to provide a permanent home through adoption, guardianship or permanent custody. The ability to meet the individualized needs of the specified child(ren), and assessment of the relationship with birth parents and extended family members as they impact capacity of the applicants to care for the child(ren). The ability to set boundaries with birth parents to maintain safety for the child(ren) in care.
When completing the assessment, Section 7.708, “Rules Regulating Family Foster Care Homes” shall also apply.
B.  State Department’s Automated System, Colorado Bureau of Investigation (CBI), Federal Bureau of Investigation (FBI), and the Colorado State Courts Data Access 
1.  Prior to full certification of a family foster home, there shall be a review and documentation in the provider record of: 
a.  Complete a background check for each adult living in the home for the following:
1)  Child abuse/neglect records check in every state where the adult has resided in the five (5) years preceding the date of application for each adult (18 years and older) living in the home.
2)  A fingerprint-based criminal history check of CBI and FBI records; and,
3)  A comparison search on the Colorado State Courts Data Access, using the name and date of birth with available criminal history information for each adult eighteen (18) years and older living in the home. The purpose is to determine any crime(s) for which an applicant or other adult residing in the home was arrested or convicted and the disposition. This search must be completed regardless of whether the CBI and FBI fingerprint history confirms or does not confirm a criminal history.
b.  Written statements from references;
c.  Health information;
d.  The review of existing agency case records, including the automated system, for prior foster home certifications or denials; and,
e.  Investigations of any concerns raised from the application and/or aforementioned sources of information.
f.  The results of the face-to-face interview on all members of the household.
2.  Federal Bureau of Investigation (FBI) fingerprint-based criminal history background checks shall be initiated for all prospective foster and adoptive parents and each adult eighteen (18) years and older living in the home. The FBI reports shall be sent directly to the county department submitting the request for information. 
3.  All CBI and FBI fingerprint-based criminal record reports, including court dispositions, if applicable, and results from the five-year child abuse/neglect background checks shall remain confidential in the county department records, except as provided in Section 7.500.2, C, 3. 
C.  Other Requirements
1.  Assessment of the ability of the applicant(s) to foster or adopt a child and to preserve continuity of the child's identity in a positive manner. Factors should include, but are not limited to, consideration of the child's family, community, neighborhood, faith or religious beliefs, school activities, friends, and child's and family's primary language. Documentation of the assessment of this requirement shall be in the case file.
2.  The application for adoption or foster care shall be denied for reasons listed in Section 7.500.312, D, and may be denied for reasons listed in Section 7.500.312, E. If the applicant has ever been rejected as a prospective adoptive or foster parent or has been the subject of an unfavorable finding, the home study must address the reasons for the unfavorable finding and any resolution of disagreements concerning the finding.
3.  For the purposes of conducting an adoptive home study, the county department, qualified individual, and child placement agencies shall be required to report to the court the results of a fingerprint-based criminal history records check when it reveals that the prospective adoptive parent was convicted of a felony or misdemeanor of:
a.  Child abuse or neglect;
b.  Any crime against a child, including child pornography;
c.  Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as specified in Section 18-6-800.3, C.R.S.;
d.  Violation of a protective order, as described in Section 18-6-803.5, C.R.S.;
e.  Any crime involving violence, rape, sexual assault, or homicide;
f.  Any felony drug-related conviction within, at a minimum, the past five (5) years.
No person convicted of a felony offense shall be allowed to adopt a child, except a person may be allowed to adopt a child if:
1)  The applicant has had no further arrests or convictions subsequent to the original conviction;
2)  The applicant has not been convicted of a pattern of misdemeanors, as defined by rule of the State Board of Human Services at Section 7.500.312, D, 4, a-c; and,
3)  The court enters a finding consistent with Section 19-5-210(2)(d), C.R.S., that the adoption is in the best interest of the child.
4.  As part of the assessment, the agency must:
a.  Conduct a minimum of one joint face-to-face interview with a couple, one individual face-to-face interview with each adult member of the household, and, if applicable, one individual face-to-face interview with any person considering a second parent adoption of the child(ren), and an age/developmental appropriate face-to-face interview with all children residing in the home. For single applicants, a minimum of two interviews will be required.
b.  Conduct at least one face-to-face interview in the applicant's home.
c.  Perform an on-site inspection for foster homes to determine compliance with the Minimum Rules and Regulations for Family Foster Homes, Section 7.708. Approval of local zoning, health, or fire departments must be documented in the foster home file when the situation warrants.
d.  Spread out interviews over a period of not less than seven (7) consecutive days.
e.  Complete an annual SAFE update. This shall include at least one home visit and a review of the current medical status. Applicants shall be questioned regarding any child abuse investigations during the previous year. 

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[Instructions: replace lines 2170245 through 2170262.] 
c.  A comparison search in the Colorado State Courts Data Access, using the name and date of birth with available criminal history information for each adult eighteen (18) years and older entering the home. The purpose is to determine any crime(s) for which the adult residing in the home was arrested or convicted and the disposition. This search must be completed regardless of whether the CBI and FBI fingerprint history confirms or does not confirm a criminal history. 
F.  At any time after the placement of a child, the placing agency may review the written family assessment, home study, and background checks of the foster parents.
G.  County departments are required to share approved adoptive home assessments within the county system if there is a child(ren) whom the family wants to be considered for possible placement. The family shall make a request in writing providing the name of the county department or child placement agency, address and name of the person who is to receive the home assessment, and appropriate documents. When the county department or child placement agency that completed the home assessment receives the written request, the written home assessment and appropriate documents shall be sent to the other county within five (5) working days at no cost to the family. The county receiving the home assessment shall notify the family within five (5) days that the county department has received the information.
The county department placing the child for adoption will be responsible for post-placement supervision until the adoption is finalized, unless otherwise negotiated in the placement agreement between the county and the child placement agency.
H.  Child Placement Agencies (CPAs) shall share their home assessments with the county department when a CPA family is providing foster care and wants to be considered for a possible adoptive placement.
1.  The family shall make a written request to the Child Placement Agency, identifying the county department, and the name and address of the county contact that is to receive the home assessment and appropriate documents.
2.  When the Child Placement Agency receives the written request, the written home assessment and appropriate documents shall be sent to the identified county department within five (5) working days.
3.  The county department receiving the home assessment shall notify the prospective adoptive family within five (5) working days that the county department has received the information.
4.  The county department placing the child for adoption will be responsible for post placement supervision until the adoption is finalized, unless otherwise negotiated in the placement agreement between the county and the child placement agency.
7.500.3  CHILDREN'S RESOURCES [Rev. eff. 4/1/12]
A.  Resources for children to be developed by the county department of social/human services are family foster care homes, receiving homes, specialized group facilities, and adoption resources.
B.  Good faith efforts and due diligence shall be used to recruit families who reflect the communities of all children in care.
C.  Facilities for children shall be utilized solely by children, shall be licensed or certified, and shall meet necessary local requirements and hold local licenses or permits. In order to support youth with an independent living stipend, a family foster care home may provide a home for a youth that previously resided in foster care in the home on or before the youth’s eighteenth (18th ) birthday. The youth shall solely occupy a bedroom and shall not occupy a bedroom with a child or youth in foster care. The family foster care home may accept a negotiated portion of the independent living stipend. Negotiation shall include the youth, caseworker, and foster parent(s). 
D.  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.
E.  The county department shall develop resources for the twenty-four (24) hour out-of-home care of children who otherwise would be inappropriately placed in jail or detention.
F.  A family foster home or receiving home certified by the county department of social/human services or a specialized group facility sponsored by a county department shall receive children only from a county department of social/human services, and the certifying county shall approve of each placement.
G.  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.
7.500.31  Family Foster Care Homes [Rev. eff. 4/1/12] 

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[Instructions: replace lines 2170268 through 2170278.] 
E.  A family foster home must be certified. Pursuant to an application for a certificate, the county department shall assess a family foster home; however: 
1.  A staff member of a county department of human/social services shall not be certified by the county in which he/she is employed to operate a family foster home due to conflict of interest.
2.  A staff member of a county department of human/social services may be certified by another county, but may not receive children placed by the county in which he/she is employed.
3.  No county department shall certify a foster home of a relative of any staff member of the Child Welfare Division or unit. If the foster home is certified by another county department, the referring county department may place children in the foster home upon written agreement of the two county department directors or designee.
4.  If a relative of a staff member of the county department, who is not an employee of the county Child Welfare Division or unit, makes application to be a foster care home for the county department, then the application shall be reviewed by the county department director to determine whither a conflict of interest exists and the director shall provide written approval or denial and the justification for the decision. The documentation shall be attached to the application.
F.  A county department may receive an application for a certificate and complete a foster home assessment for an applicant living in an adjacent county only after the county director of the adjacent county or his/her designee gives approval for the other county department to complete the assessment and issue the certificate. County departments may only certify a foster home in a nonadjacent county with the written permission of both county directors or designees.
G.  The county department of human/social services shall require verification of an individual’s lawful presence in the United States, as provided in general eligibility requirements as found in Section 3.140.11 (9 CCR 2503-1), in order to approve an applications to operate a family foster home.
H.  A county department of human/social services shall not accept an application to operate a family foster home from an individual who is currently certified by a child placement agency to operate a family care home until that individual has terminated the certification by the child placement agency.
I.  An applicant for certification as a family foster care home shall provide the county department of human/social services from whom the certification is sought with a list of all the prior child placement agencies and county departments of social services that had previously certified the applicant. In addition, the applicant shall sign a release of information form. The county department of human/social services from whom the certification is sought shall conduct a reference check of the applicant by contacting all of the child placement agencies and county departments of human/social services identified by the applicant before issuing the certification for that foster care home.
J.  No director or staff member of a county department or governing body for a Specialized Group Facility (SGF) sponsored by the county department shall contact or recruit foster homes currently certified by another county department or child placement agency for the purpose of becoming a foster home or specialized group facility.
7.500.311  Training and Foster Home Assessment [Rev. eff. 4/1/12]

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[Instructions: replace lines 2170294 through 2170307.] 

[B.]  
c.  Complete a background check for each adult eighteen (18) years and older living in the home for the following: 
1)  Child abuse/neglect records in every state where the adult has resided in the five years preceding the date of application; and,
2)  Fingerprint-based criminal history checks from the CBI and the FBI; and, 
3)  The Colorado State Courts Data Access. 
2.  Ongoing Training
a.  Each applicant shall have twenty (20) hours of ongoing training every year. The training shall be relevant to fostering of children.
b.  If there are children in the home and training is not completed, no additional children shall be placed until training is complete. Children who are currently in placement shall not be disrupted due to this requirement.
C.  Exceptions to the Training and CBI, FBI, and Five-Year Child Abuse and Neglect Records Check Requirements
An exception to the above rules may be made for emergency “child specific”  placements. These are defined as placements where the child has a prior relationship to the applicant.
1.  The applicant may have sixty (60) calendar days from the date of application to complete the above training. 
2.  In the event of an emergency child specific placement in a previously uncertified home, prior to or at the time of the placement the county shall receive the completed Original Application to Care for Children. In addition, the county and the applicant shall review and sign the CWS-7A form, Individual Provider Contract for Purchase of Foster Care Services, and Foster Care Facility Agreement.
D.  If a provisional certificate is to be issued because a “child specific” emergency placement is required in a previously uncertified home, prior to or at the time of the placement the county shall receive the completed Original Application to Care for Children, and the county and the applicant shall review and sign the CWS-7A, Individual Provider Contract of Purchase of Foster Care Services and Foster Care Facility Agreement, and submit fingerprints and current processing fee to the Colorado Bureau of Investigation.
The following shall be initiated by the county department the next working day following an emergency "child specific" placement of a child. Complete a background check for each adult (18 years and older) living in the home for the following:
1.  Child abuse/neglect records in every state where the adult has resided in the five years preceding the date of application; 
2.  Fingerprint-based criminal history checks from the CBI and the FBI except those placements which are completed in compliance with Section 19-3-406, C.R.S. (7.304.21, D, 2, f); and, 
3.  The Colorado State Courts Data Access. 

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[Instructions: replace lines 2170352 through 2170356.] 
7.500.313  Supervision [Rev. eff. 4/1/12] 
A.  Supervision and monitoring of the identified needs of the family foster home shall be carried out according to the following schedule: 
1.  A face-to-face contact shall be made in the family foster care home with the foster parent(s) at least every month when children are in placement. Documentation of such contact shall be entered in the State Department’s automated system in the contacts for the provider and/or the foster children placed in the home. The purpose of the contact is to answer questions that the foster parent has about the program, to indicate to the foster parents county department concerns about the operation of the home, and to observe child care. If the face-to-face contact is not possible, the reasons must be documented in the provider file and a telephone contact must be made. In the event face-to-face contact cannot be made, the maximum number of allowable days between face-to-face contacts shall not exceed forty five (45) calendar days.
2.  An annual supervisory visit shall be made to the family foster home. A written report of the supervisory visit shall be given to the foster parent and a copy maintained in the case file. If a review of the physician's plan indicates a need for an annual examination, a new statement from the physician is required at that time. A written notice of noncompliance with the regulations will be left with the foster parents or sent to the foster parents within fifteen (15) working days of the supervisory visit if there is noncompliance. Compliance must be achieved within the time frames indicated on the written compliance notice.

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[Instructions: replace lines 2170362 through 2170363.] 
7.500.314  Renewal or Continuation Notice [Rev. eff. 4/1/12] 
The county department shall send a renewal notice to the foster parents at least ninety (90) calendar days prior to the expiration of a certificate. 

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[Instructions: replace lines 2170367 through 2170392.] 
7.500.315  Recertification Action [Rev. eff. 4/1/12] 
A.  Within ninety (90) calendar days of the receipt of a timely renewal application for a certificate, the county department must complete the following action to determine if continued certification is appropriate:
1.  Review the physician's plan.
2.  Conduct a supervisory visit in accordance with Section 7.500.313, A, 2.
3.  Complete a CWS-7A form.
4.  Evaluate the foster care homes’ current and past compliance with the rules regulating foster homes.
5.  Review the following information, for the applicant(s) and all individuals residing in the home:
a.  Any child abuse allegations or investigations in the previous year;
b.  Any arrest or conviction records in the previous year;
c.  Any other involvement with the foster family by the county department.
6.  A SAFE update is completed to document the status of the foster family, including changes that have occurred. 
7.  A one year time-limited certificate shall be issued. The certificate issue date will be the date that the foster home is in compliance with the Rules Regulating Family Foster Care Homes; or,
8.  A probationary certificate shall be issued with the specific reasons listed on the certificate and on the CWS-7A; or,
9.  The renewal application for the certificate is denied. The process for denial of a renewal application is the same as the process for denial of an original application.
10.  The certificate information shall be entered into the State Department’s automated system.
B.  A family foster home certificate is no longer valid whenever one of the following situations exists:
1.  A certified foster family moves to a new address.
2.  A foster family decides to withdraw from the foster home program and confirms the same in writing.
3.  A certificate has been revoked or the renewal application has been denied.
7.500.316  Inter-county Transfer or Move of Foster Home [Rev. eff. 4/1/12] 
A.  When a foster family moves to a new location within the county of residence or within a new county, the family must make a timely notification to the certifying county prior to the move by submission of an original application.
B.  When a foster family moves to a new residence in the same county, the county department shall inspect the new residence to assure compliance with the Rules Regulating Family Foster Care Homes, Section 7.708 (12 CCR 2509-8). 
Certification action which results in issuance of a certificate shall be dated in the following fashion:
1.  A certificate shall commence the date that the county department determines that there is compliance with the Minimum Rules and Regulations for Family Foster Homes, Section 7.708.
2.  The county department may issue a provisional certificate if the home is temporarily unable to conform to all appropriate rules of the Rules Regulating Family Foster Care Homes, Section 7.708, upon proof by the foster parents that attempts are being made to comply with the appropriate regulations. The reasons for the issuance of the provisional certificate will be displayed on the certificate. The provisional certificate may not exceed sixty (60) calendar days from the date it is determined that time will be needed to meet the rules. Only one original provisional certificate may be issued to a foster home at one location address. 
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[Instructions: replace line 2170395.] 
7.500.317  Complaint Investigations [Rev. eff. 4/1/12] 

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[Instructions: replace line 2170402.] 
[A.] 
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 Department's automated system within thirty (30) calendar days of the receipt of the State Institutional Team's request. 

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[Instructions: replace line 2170420.] 
7.500.321  Application and Study for an Original License [Rev. eff. 4/1/12] 

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[Instructions: replace lines 2170425 through 2170432.] 
[B.]
3.  The State Department shall require any applicant or licensee and any person eighteen (18) years of age or older who resides with the applicant or licensee in the specialized group facility or who works in the specialized group facility to obtain and review: 
a.  Fingerprint-based criminal history checks from the CBI and the FBI as required in Section 7.701.33 in all circumstances. 
b.  Child abuse/neglect records in every state where the adult has resided in the five (5) years preceding the date of application; and, 
c.  Information from the Colorado State Courts data access. 
4.  An on-site facility inspection, documented in writing, which determines that the facility is in compliance with the Minimum Rules and Regulations for Specialized Group Facilities.
5.  Written approval received by the county department from the local health, fire, and zoning departments.
6.  A CWS-7A, Individual Provider Contract for Purchase of Foster Care Services and Foster Care Facility Agreement, shall be signed by the primary caregivers.
7.  Completion of policies for the operation of the specialized group home.
C.  The group home primary caregivers who have not previously received twelve (12) hours of “core” training shall receive twelve (12) hours of training within the first twelve (12) months following the submission of the application. 
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(12 CCR 2509-8)

[Instructions: replace lines 1379440 through 1379457.] 
7.708.11  Definitions [Rev. eff. 4/1/12]
“Certifying authority” means licensed child placement agencies and county departments of social/human services that have the authority to certify family foster care homes, including kinship care homes. 
“Child specific foster care” is care where the foster child has a prior relationship to the foster parent(s). 
“County designee” is the representative of a county department designated by the county executive director to make certain key decisions regarding foster children. 
“Dangerous behavior” is behavior that poses a clear and present safety hazard to a foster child or to others. 
“De-escalation” is the use of therapeutic interventions with a foster child during the escalation phase of a crisis. The interventions are designed to allow foster children to contain their own behavior so that acute physical behavior does not develop which would lead to the need for use of a physical restraint. 
An “emergency situation” is one in which a foster child is in actual danger to him/herself or others, or when there is a present danger of extensive property damage. 
“Escalation” is an increase in intensity of a foster child's out-of control behavior. 
The “Family Service Plan” is a case services plan completed by a county caseworker jointly with the foster child, parents, and foster parents within sixty (60) calendar days of placement for each foster child receiving services from a county department of social/human services. 
“Kinship family foster care” is the full time nurturing and protection of foster children by kin. Kin are relatives or persons ascribed by the family as having a family-like relationship. These relationships take into account cultural values and continuity of significant relationships. Kinship family foster care is considered a form of out-of-home placement and a type of family foster care home. 
“Mechanical restraint” means the use of devices intended to involuntarily restrict the movement or normal functioning of a portion of an individual's body. Mechanical restraint does not include the use of protective devices used for the purpose of providing physical support or prevention or accidental injury. 
“Personal restraint” is the physical intervention by a foster parent(s) in an emergency situation to limit, restrict, or control the dangerous behavior of a foster child by means of physical holding of the foster child. Physical restraint does not include the holding of a foster child for less than five minutes for protection of the foster child. 
“Reasonable”, as used in these rules, means appropriate and suitable, not excessive or extreme. 
“Religion”, where used in these rules, includes traditional religious beliefs and spiritual beliefs such as those of Native Americans. 
“Therapeutic services” means a program of foster care that incorporates treatment for the special physical, psychological, or emotional needs of a child placed with specially trained foster parents. 
“Treatment Foster Care” means a clinically effective alternative to residential treatment facilities that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment. 

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[Instructions: replace line 1132065.] 
7.708.22  Physical Requirements for a Safe and Adequate Family Foster Care Home [Rev. eff. 4/1/12] 

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[Instructions: replace lines 1132075 through 1132076.] 
[B.]  
8.  A comfortable bed or crib in a clean, well-ventilated room, which not customarily used for other purposes such as a kitchen, dining room hall or bathroom, shall be available for all children in the home, including birth or adoptive children or foster children. There shall be a minimum of forty (40) square feet of floor space for each foster child's bed, and the be should be placed at least two feet apart when arranged in parallel.
9.  No family foster care home shall be used for a rental income business an adult foster care facility. A business of a nature which might hazardous to the health, safety, morals or welfare of foster children shall not be operated on the premises of the foster home. In order to support youth with an independent living stipend, a family foster care home may provide a home for a youth that previously resided in foster care in the home on or before the youth’s eighteenth (18th) birthday. The youth shall solely occupy a bedroom and shall not occupy a bedroom with a child or youth in foster care. The family foster care home may accept a negotiated portion of the independent living stipend. Negotiation shall include the youth, caseworker, and foster parent(s). 

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[Instructions: replace lines 1132102 through 1132104.] 
7.708.26  General Comfort and Safety [Rev. eff. 4/1/12] 
A.  All hazardous chemicals, tools, and other equipment, including matches, plastic bags, paints, gasoline, medicines, insecticides, and cleaning and laundry materials, shall be stored out of reach of young foster children. Products which could cause poisoning or contamination shall not be stored in areas where food is stored or prepared.
B.  Water from any source other than a regular municipal water supply shall be tested annually for compliance with water quality requirements. 

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[Instructions: replace lines 1132110 through 1132144.] 
7.708.31  Care of Foster Children [Rev. eff. 4/1/12] 
A.  Foster parents shall provide supervision and care appropriate to each child's age, level of development and ability to accept independence and responsibility.
B.  Within twenty four (24) hours of arrival at the family foster care home, a foster child shall be given an orientation to the home, consistent with the foster child’s age and ability to participate, which includes at least the following:
1.  Tour of the home and instruction on fire alarm and fire evacuation procedures, escape routes and exits.
2.  The rules/regulations of the home.
3.  Procedures affecting the foster child’s behavior, including limiting or restricting a foster child’s rights where allowed, the type of discipline used in the family foster care home, and consequences for certain behaviors.
4.  The complete foster children’s rights and foster children’s grievance procedures as developed by the family foster care home or by the certifying authority.
C.  Substitute care in the family foster care home occurs when foster parents are unable to provide supervision and care. The foster parents shall arrange for a qualified substitute who is familiar with these rules and with the foster children in care to provide temporary supervision and care to the foster children in the child(ren)'s identified family foster care home. 
1.  If in care for up to six (6) hours, it is preferable that the provider of substitute care be at least sixteen years old. Exceptions based on age and maturity can be made with concurrence of the foster parent and the certifying authority, but in no case should the provider of substitute care be less than fourteen (14) years of age. 
2.  If care is provided for more than six (6) hours including overnight care, the substitute care provider must be at least eighteen (18) years of age, trained in first aid and CPR, and must have completed the following background checks:
a.  Colorado Bureau of Investigation (CBI); 
b.  Federal Bureau of Investigation (FBI); and, 
c.  State Department's automated system. 
3.  Exceptions to these requirements may be requested by filing an appeal and receiving approval from the Colorado Department of Human Services’ designated appeal panel. Appeals must be documented in the provider and foster child’s record.
D.  Respite Care 
1.  Is provided in a certified family foster care home, other than the foster child(ren)'s identified family foster care home. Respite care is allowed for thirty (30) calendar days, as referenced in Section 7.406.1, F, 2, a. 
2.  That results in exceeding the capacity allowed on the certificate shall not be provided for more than seven (7) consecutive days per month and not to exceed twenty-eight (28) days in a calendar year. 
a.  During the time when respite care for a foster child(ren) is occurring, the respite home may not exceed six (6) foster children or a maximum of eight (8) total children with no more than two (2) children under two years of age; and, 
b.  The respite home must be in compliance with all other applicable rules for family foster care homes. 
E.  Health Care
1.  Suspected mental or emotional disorders which are observed by foster parents shall be reported to the certifying authority and the child’s caseworker so that appropriate care may be obtained.
2.  Where pets or other animals are present, additional precautions shall be taken as required to insure both safety and good hygiene. Dogs and cats shall be vaccinated as required by State law or as designated by a veterinarian. Foster children shall not be permitted to mistreat animals. Any animal that poses a threat to a foster child’s safety or health must be confined in a place away from the foster child(ren).
F.  Home Environment and Family Activity
1.  It is the purpose of family foster care to provide constructive family living experiences for foster children during the period of placement.
2.  Daily activities shall be designed to encourage normal physical, mental, social and emotional development of foster children. This requirement shall be met in the following manner:
a.  Materials and equipment appropriate for the age of foster children in care shall be available for both active and quiet play.
b.  An effort shall be made to provide for contact and friendship between children in foster care and other children of a comparable age. Opportunities shall be provided for both group and individual play.
c.  Foster children shall be encouraged to relate or to communicate with each other and with adults.
d.  Outdoor activity shall be available to each foster child each day, weather permitting.
3.  Foster parents or a designated representative from the certifying authority with knowledge of the child shall attend Administrative Reviews for the foster children in their care and participate in the planning for such foster children. They shall receive a copy of the child’s Family Services Plan for each foster child in their care. 
G.  Nighttime Care Requirements
1.  Foster children shall be provided with a bed, cot or crib as required by Section 7.708.22, B, 8.
2.  Two sheets and suitable warm covering shall be provided to each foster child. Sheets shall be changed weekly or more frequently if needed, and no foster child shall be allowed to remain sleeping in a wet bed.
3.  Except for emergency placements, foster children over the age of eighteen (18) months shall not sleep in the same room as unrelated adults on a regular basis. Sleeping rooms for unrelated foster children shall not be shared by foster children of the opposite sex when one foster child is over four (4) years old. Siblings of the opposite sex that are over the age of four (4) years and share bedrooms shall do so only with the written approval of the certifying authority and the county designee. The written documentation must be maintained in the foster child’s and provider’s file. Adolescent parents and their children may share a room.
4.  Each foster child shall be provided with adequate sleep wear, and a complete set of clean sleep wear shall be available in the event that a change is necessary.
5.  Sleeping rooms for foster children under five (5) years of age shall be near the bedroom of the foster parents or other responsible person. Monitoring systems may be utilized to ensure safety. Foster children under twelve (12) years of age shall not be permitted to sleep in a detached structure unless a responsible person sleeps in the same structure. Foster children who sleep in a detached structure must have written approval of the county department that placed the foster child, who will assess the foster child’s abilities and needs.
H.  Infant Care
1.  Not more than two infants, whether birth, adoptive or foster children under the age of two years, shall be cared for in a family foster care home, except under unusual circumstances such as multiple births.
2.  In addition to the applicable provisions of paragraphs A through G, above, infant care shall include the following:
a.  Infants shall be held during bottle feeding and at other times during the day. Infants shall not be confined but shall be allowed freedom of movement insofar as practical and shall be provided with an environment designed to stimulate their senses.
b.  Diapers shall be changed as required and used diapers cleaned or disposed of consistent with the practices of good hygiene. Toilet training shall not be attempted with any foster child less than eighteen (18) months of age and shall be done in a non-disciplinary manner.

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[Instructions: replace line 1132147.] 
7.708.33  Foster Children's Rights [Rev. eff. 4/1/12] 

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[Instructions: replace lines 1132165 through 1132168.] 
C.  Family foster care homes must develop a plan, in conjunction with the certifying authority, regarding the following rights of foster children and these rights must be explained to the foster children upon admission. The notification must be communicated in a language or mode of communication the foster child can understand. There must be plans for: 
1.  How and when telephone, including cell phone use, and written communications, including, but not limited to, social networking and other electronic communication, will take place.
2.  Extenuating circumstances and emergency situations affecting the foster child and his/her family.

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[Instructions: replace line 1132217.] 
7.708.38  Education [Rev. eff. 4/1/12] 

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[Instructions: replace lines 1132221 through 1132224.] 
D.  In order to ensure that all students who may have disabilities are provided an appropriate education, the family foster care home, in cooperation with the certifying authority, shall ensure that adequate “Child Find” procedures are utilized. Such procedures shall be developed cooperatively with Local Education Agencies (LEA) in accordance with Exceptional Children's Educational Act rules and regulations and LEA procedures. Child Find includes a process for screening, referring, assessing and staffing students suspected of having a disabling condition.
7.708.39  Community Participation [Rev. eff. 4/1/12] 
A.  Participation in community activities shall be encouraged, supported, and a vital part of each foster life and choice.
B.  The family foster care home shall consider and be sensitive to identity of the child or youth, including, but not limited to, cultural, spiritual and/or religious needs. The family foster care home shall involve a foster child in activities appropriate to his/her identity, including, but not limited to, consideration of the child's family, community, neighborhood, school activities, friends, and the child's and family's primary language. 

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[Instructions: replace lines 1132266 through 1132277.] 
7.708.43  Personal Hygiene and Daily Routine [Rev. eff. 4/1/12] 
A.  The family foster care home shall ensure that foster children receive training in good habits of personal care, hygiene, and grooming appropriate to their age, gender, and identity.
1.  There shall be supervision by foster parents to provide for proper grooming and physical cleanliness of the foster children.
2.  The family foster care home shall ensure that foster  children  are provided with necessary and appropriate toiletry items, including clean, individual towels and washcloths, toothbrush, toothpaste, comb, hair brush, soap, skin lotion, and shampoo.
3.  Foster children shall be encouraged or assisted to maintain cleanliness or good hygiene: teeth shall be brushed each day and more frequently when possible.
B.  The family foster care home shall have basic daily routines for foster children in care.
1.  Daily routines shall not be allowed to conflict with the implementation of a foster child's Family Services Plan.
2.  Daily routines shall be established for mealtimes, waking, and bedtimes.
3.  Opportunity for physical exercise shall be planned for each foster child.
7.708.44  Clothing and Personal Belongings [Rev. eff. 4/1/12] 
A.  The family foster care home shall allow a foster child in care to bring his/her personal belongings to the program, as defined by the family foster care home policy, and to acquire belongings of his/her own. However, the family foster care home shall, as necessary, limit or supervise the use of these items while the foster child is in care. Where extraordinary limitations are imposed, the foster child shall be informed of the reasons, in a language or manner of communication the foster child can understand. 
B.  The family foster care home shall ensure that each foster child in care has adequate clean, proper-fitting, attractive, and seasonable clothing as required for health, comfort, and physical well-being and as appropriate to age, gender, individual needs, and identity.

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[Instructions: replace line 1132292.] 
7.708.46  Transportation [Rev. eff. 4/1/12] 

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[Instructions: replace line 1132297.] 
E.  Foster children must be properly fastened into a restraint system that conforms to all applicable Federal Motor Vehicle Safety Standards and that are pursuant to Colorado law. 

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[Instructions: replace line 1132302.] 
7.708.51  Records [Rev. eff. 4/1/12] 

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[Instructions: replace lines 1132312 through 1132319.] 
D.  Each foster child’s file shall also include: 
1.  Current medical and dental reports, accident, injury, or illness reports, record of medication administered and necessary medical care provided to the foster child while in placement.
2.  Copies of educational records and reports of school work, including scholastic performance, certificates of achievement or award, copies of school pictures, extracurricular interests.
3.  The foster child’s Family Services Plan, a summary of the periodic evaluations of the foster child’s progress and resultant changes in the Family Services Plan.
4.  Psychiatric and psychological summaries, when available.
5.  Summary recording of significant contacts with parent(s), guardian(s) and other involved agencies.
6.  If requested by the provider, a written notice to employees of the Department of Human Services and of county departments or other individuals with a need to know, if the foster parents do not want personally identifiable information provided to adult members of the foster child's family. Written notice may be subsequently provided to the parties aforementioned for release of personally identifiable information to the foster child's family which shall include the consent to release information, the foster parent's signature, and the date.
7.708.52  Reports [Rev. eff. 4/1/12] 
The following information shall be reported consistent with the requirements in Section 7.701.52 (12 CCR 2509-8). 

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[Instructions: replace lines 1132331 through 1132332.] 
7.708.61  Admission Requirements [Rev. eff. 4/1/12] 
A.  Admission of a foster child to a family foster care home shall be in keeping with the stated purpose of the family foster care home and  shall  be limited to those foster children for whom the foster parent(s) is qualified and by the needs of foster children already in residence to provide the care necessary. Care must be provided in the least restrictive, most appropriate setting in order to meet the foster child's needs. 

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[Instructions: replace line 1132342.] 
F.  For each foster child referred for placement, the family foster care home shall be provided with a current comprehensive intake assessment, including a social, health, and family history, developmental assessment, mental health, and a psychological summary, if determined to be necessary by the family foster care home or certifying authority. Educational records shall be provided if appropriate. As much of this information as possible shall be provided to the foster parent prior to admission, but the total assessment shall be completed by the placing authority within one month after admission. If the family foster care home or certifying authority is unable to obtain this information within these time periods or is totally unable to obtain the information, the certifying authority must document its attempts to obtain the information and reasons for not obtaining the information. 

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[Instructions: replace line 1379493.] 
7.708.65  Orientation, Training, and Certification [Rev. eff. 4/1/12]

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[Instructions: replace lines 1379507 through 1372392.] 
D.  Training requirements for the initial year of certification are as follows: 
1.  Twenty seven (27) hours of Core training, as identified in Section 7.708.65, A; and, 
2.  CPR and First Aid training; and, 
3.  Twenty (20) hours of ongoing specialized training. 
E.  Annually, all foster parents shall complete twenty (20) hours of on-going specific training as required in their training development plan. At a minimum, training must include the areas listed in 7.708.65, C; and, 
F.  The following types of specialized foster parents shall annually complete an additional twelve (12) hours of on-gong training for a total of thirty-two (32) hours as identified in their training development plan: 
1.  Therapeutic or treatment foster parents providing therapeutic services shall complete training in such areas as dynamics of victimization issues, with emphasis on appropriate age and developmental levels; and the individual needs of the foster children in care; 
2.  All foster parents serving children enrolled in the Children's Habilitation Residential Program (CHRP) waiver shall complete training specific to developmental disabilities; and, 
3.  Receiving home foster parents shall complete training required in 7.708.1, A, 5. 
7.708.66  Transportation Policy [Rev. eff. 4/1/12]
The certifying authority shall have a written policy in compliance with Colorado statute(s), Department of Revenue and Department of Motor Vehicle requirements concerning the circumstances a vehicle may be driven by a licensed foster child alone or with a passenger. Such driving privileges shall be a part of the foster child’s family services plan.

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