Tracking#2012-00136
FA/P 4/6/12, eff. 6/1/12

I:/11092201.rtf
(I:11092201.doc) 

(12 CCR 2509-1)

[Note: statement of basis and purpose is included with Tracking# 2012-00125 (#11-12-14-1).] 

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(12 CCR 2509-8)

[Instructions: replace line 2252566.] 
7.701.2  DEFINITIONS [Rev. eff. 6/1/12] 

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[Instructions: replace lines 2252594 through 2252597.] 
D.  Children's Resident Camp
A "Children's Residential Camp", is defined at Section 26-6-102(2.2), C.R.S. 
1.  A residential camp may have a "Primitive Camp" which is a portion of the permanent camp premises or another site at which the basic needs for camp operation such as places of abode, water supply systems, and permanent toilet and/or cooking facilities are not usually provided. 
2.  A "Trip Camp" is a camp in which children move from one site to another by means of the child's own power or by a transportation mode permitting the child's guidance of a vehicle or animal. The trip camp originates in Colorado and operates for three or more consecutive 24-hour days during the year for the care of 5 or more children who are at least 10 years old or have completed the fourth grade to 18. 

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[Instructions: replace lines 1188450 through 1188452.] 
7.701.31  Original Application [Rev. eff. 6/1/12]
A.  A completed original application accompanied by the appropriate fee and proof of lawful presence in the United States (see Section 3.140.11, 9 CCR 2503-1) must be submitted to the State Department a minimum of 60 days prior to the proposed opening date for the facility.   Eff  12/01/2006
B.  A licensing evaluation will occur only after the department has received the complete application and appropriate fee.   Eff  12/01/2006
C.  If a county or agency establishes and plans to sponsor a Specialized Group Facility, the governing body for the Specialized Group Facility is the applicant for the license. A written plan for the supervision of the Specialized Group Facility shall accompany the application. 

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[Instructions: replace line 2241436.] 
7.701.33  Criminal Record Check [Rev. eff. 6/1/12]

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[Instructions: replace line 2226425.] 
E. Payment of the fee for the FBI check is the responsibility of the individual who is obtaining the check or the facility or agency. Certified foster parent(s) or any person eighteen (18) years of age or older who resides with a certified foster parent must obtain a criminal record check from the FBI regardless of the length of residence in Colorado. 

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[Instructions: replace line 2177071.] 
7.701.4  FEES [Rev. eff. 6/1/12]

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[Instructions: replace lines 2177095 through 2177097.] 
D.  Following is a schedule of fees for the original application and annual fee required for the temporary and full accreditation of international adoption agencies: 
International Adoption Agencies
		
Original Application for Full Accreditation for Agencies that Complete 100 or More Intercountry Adoptions in a Calendar Year	$4,000	
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Original Application for Full Accreditation for Agencies that Complete 50-99 Intercountry Adoptions in a Calendar Year	$3,000	
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Original Application for Full Accreditation for Agencies that Complete 49 or Fewer Intercountry Adoptions in a Calendar Year	$2,000	
Annual Fee for Agencies with Full Accreditation	$2,000	
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Original Application for Full Accreditation – Agencies with Colorado and Out-of-State Offices – Additional Fee	$2,000	
Original Application for Temporary Accreditation – Agencies with Colorado and Out-of-State Offices – Additional Fee	$ 500	

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[Instructions: insert new section(s) before line 1130323.] 
7.701.9  GENERAL HEALTH RULES [Eff. 6/1/12]
7.701.91  Smoking and Tobacco Products [Eff. 6/1/12]
Pursuant to 26-6-106(2)(e), C.R.S., 25-14-103.5, C.R.S., and 18-13-121, C.R.S., tobacco and nicotine products are prohibited by law from use in and around licensed child care facilities. 
A.  Smoking and tobacco product use is prohibited at all times while transporting children on field trips and excursions. 
B.  Smoking and tobacco product use is not prohibited in Family Child Care Homes during non-business hours. 
C.  Foster parents are exempt from this rule when no children are in placement. 

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[Instructions: replace lines 1130326 through 1130329.] 
7.702.1  (None) [Rev. eff. 6/1/12]
7.702.2  DEFINITIONS [Rev. eff. 6/1/12]
A.  Child care centers, less than 24-hour care (referred to as "centers"), provide comprehensive care for children when the parents or guardians are employed or otherwise unavailable to care for the children. Child care centers may operate twenty four (24) hours a day, but the children are cared for at the center fewer than twenty four (24) hours a day. 

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[Instructions: replace lines 1297371 through 1130393.] 
7.702.43  Personnel Policies, Orientation, and Staff Development  [Rev. eff. 6/1/12]
A.  The duties and responsibilities of each staff position and the lines of authority and responsibility within the center must be in writing.   Eff  05/01/2007
B.  At the time of employment, staff members must be informed of their duties and assigned a supervisor.   Eff  05/01/2007
C.  Prior to working with children, the staff member must read and be instructed about the policies and procedures of the center, including those related to hygiene, sanitation, food preparation practices, proper supervision of children, and reporting of child abuse. Staff members must sign a statement indicating that they have read and understand the center's policies and procedures.   Eff  05/01/2007
D.  The child care center must ensure that all staff are familiar with the licensing rules governing child care centers within 90 days of employment at the center.   Eff  05/01/2007
E.  The center must have a staff development plan that includes a minimum of fifteen (15) clock hours of training each year for all staff. The training must relate to one or more of the following areas-child growth and development, healthy and safe environment, developmentally appropriate practices, guidance, family relationships, cultural and individual diversity, and professionalism. 
F.  All staff must complete at least 1 1/2 hours of training in universal precautions within 3 months of employment at the center and at least every 3 years thereafter. Renewal of universal precautions training may be part of the first-aid training.
G.  If volunteers are used by the center, there must be a clearly established policy in regard to their function, orientation, and supervision. See also Section 7.702.54, D. 

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[Instructions: replace line 1130911.] 
7.702.91  General Requirements [Rev. eff. 6/1/12]

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[Instructions: replace lines 1130921 through 1130926.] 
J.  Children under 2 years of age must be excluded from the kitchen. When children age 2 and over prepare food at the center, they may use only equipment and appliances that do not present a safety hazard. Staff-child ratios must be maintained. 
K.  First aid supplies must be maintained and made accessible to staff throughout the center and stored in areas inaccessible to children. 
L.  All outdoor areas available to children's activities must be maintained in a safe condition by removal of debris, dilapidated structures, broken or worn play equipment. The center must identify hazardous, high-risk areas. These areas must be made inaccessible to children. 
M.  Playground surfaces must be checked on a daily basis for the presence of dangerous or other foreign materials. Playground equipment must be checked for safety on a monthly basis. 
N.  Window blind cords must be secured out of children's reach to prevent strangulation. 

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[Instructions: replace lines 1311593 through 1131052.] 
7.705.22  Recreation and Leisure Activities [Rev. eff. 6/1/12]
A.  A residential facility shall have a written plan for ensuring that a range of indoor and outdoor recreational and leisure opportunities is provided for children in care. Such opportunities shall be based on the individual interests, with personal and treatment needs being considered.
B.  Responsibility shall be assigned for supervision and coordination of the total recreation program, including training and supervision of staff and volunteers to assure maximum safety for each participant.
C.  Outdoor and indoor recreational areas and equipment shall be provided in sufficient variety and quantity to meet needs of children and to offer some choice of activities.
D.  If the facility takes residents on out of state trips, the facility shall develop a written plan for each trip, which includes goals for participants for the trip, selection criteria of participants, necessary skills for staff members, necessary equipment to meet participants' needs on the trip, supervision plan, letter of information to parents and/or guardians, and approval of the guardian.
E.  The facility shall obtain the written permission of the guardian for each out of state trip or shall obtain an overall written permission of the guardian for any out of state trip in which the resident will participate.
F.  Some facilities may participate in special activities, which are either comprehensively integrated and salient to the total treatment program or which supplement and enhance the treatment process. When the facility participates in any special activities, such as swimming, boating, horseback riding, use of the trampoline, white water rafting, backpacking, camping, and winter sports, the facility shall comply with the rules regulating special activities found at Section 7.719. The child's participation in a special activity shall be included in the individual child's plan. 
1.  When the residents of the facility participate in a special activity, each facility shall have a plan for action in case of natural disasters relevant to the terrain and activity, lost participants, injuries, and illnesses. These plans shall be in writing and shall accompany the participants and staff, and also be on file at the facility office. The staff shall have received training regarding the implementation of these plans prior to the departure of the participants. 
2.  There shall be a First Aid kit which contains equipment relevant to the type of injuries which might be sustained in a specific activity and which is located at the site of the activity. There shall be a person holding at least an American Red Cross First Aid/CPR/AED Certificate for schools and communities or equivalent at the site of the activity when the activity is in progress. 

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[Instructions: replace lines 2252666 through 2252671.] 
7.705.33  Client Eligibility for Mental Health Services in RCCF [Rev. eff. 6/1/12]
A.  To be receiving Colorado Medicaid fee for service mental health services in a RCCF, the child shall have a current and valid CCAR assessment that supports medical necessity. The CCAR assessment shall be completed by the agency providing the mental health services. In addition, the child shall be: 
1.  Medicaid eligible; and,
2.  Diagnosed with a psychiatric disorder; and,
3.  Determined in an initial assessment to be in need of and capable of benefiting from the mental health services as determined by a licensed professional person. 

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[Instructions: replace line 1131272.] 
7.705.55  Building Safety [Rev. eff. 6/1/12]

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[Instructions: replace lines 1131293 through 1131322.] 
D.  General Safety Practices
1.  A residential facility shall immediately notify the responsible agency or department of a fire or other disaster which might endanger children or require their removal for reasons of health and safety. The Department of Human Services shall be immediately notified of a fire or other disaster.
2.  Security guards patrolling the grounds and structures of a residential facility, whether employed by the facility or by a security service under contract to the facility, shall not be permitted to be in possession of any firearm or chemical weapon on the grounds or within the structures of the facility.
3.  Porches, elevated walkways, and elevated play areas within a residential facility shall have barriers to prevent falls.
4.  Power-driven equipment used by a residential facility shall be kept in safe and good repair. Such equipment shall be used by children only under the direct supervision of a staff member and according to State law.
5.  Staff and children shall be trained to report fires and other emergencies appropriately. Children and staff shall be trained in fire prevention.
6.  In every building or structure, fire alarm facilities shall be provided to warn occupants of the existence of fire so that they may escape or to facilitate the orderly conduct of fire exit drills. 
7.  Responsibility for the planning and conduct of fire drills shall be assigned to competent persons qualified to exercise leadership. 
8.  A residential facility shall maintain an active safety program, including investigation of all accidents and recommendations for prevention. 
7.705.6  RECORDS AND REPORTS
7.705.61  Confidentiality [Rev. eff. 6/1/12]
A residential child care facility may make available information in the case record to the child, his parent(s), or guardian and their respective legal counsel if the information being released does not contain material which violates the right of privacy of another individual and/or material that must be withheld from release according to other laws or by order of the court. If in the professional judgment of the administration of the facility, it is felt that information contained in the record would be damaging to a child that information may be withheld except under court order. 
7.705.62  Necessary Records and Their Retention [Rev. eff. 6/1/12]
The following records shall be on file at the facility or administrative office: 
A.  Governing structure, including the charter, articles of incorporation, by-laws, or other legal basis for existence. 
B.  Current health department inspection report. 
C.  Current fire department inspection report. 
D.  A list of current staff and substitutes and staffing pattern. 
E.  Insurance coverage. 
F.  Annual financial audit or financial statements. 
7.705.63  Personnel Records [Rev. eff. 6/1/12]
Personnel record for each employee shall include name, address, birth date, names and telephone numbers of persons to be notified in event of an emergency; date of employment, and date and reason for separation; official documents verifying education, training, and work experience; pre-employment references; and, the indication of awareness of agency policies. Records for personnel shall be retained for at least three years. 

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[Instructions: insert the following section(s) before line 1131478.] 
7.705.100  PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY (PRTF) [Rev. eff. 6/1/12]
Psychiatric Residential Treatment Facility (PRTF) services are a Medicaid benefit statewide when provided in accordance with the provisions of the following sections.
7.705.101  REQUIREMENTS [Rev. eff. 6/1/12]
A.  A "Psychiatric Residential Treatment Facility (PRTF)" must be a licensed Residential Child Care Facility (RCCF), which means a facility other than a hospital, that provides psychiatric services to individuals under age twenty-one (21) under the direction of a licensed physician in a residential setting. Psychiatric Residential Treatment Facilities as defined in Section 26-6-102, C.R.S., must have a current provider agreement with the Colorado Department of HealthCare Policy and Financing (HCPF). 
B.  Each RCCF wishing to provide care as a "Psychiatric Residential Treatment Facility" must comply with the rules for Residential Child Care Facilities and the Quality Standards for 24-Hour Child Care. The following rules shall be in addition to sections 7.705.1 through 7.705.77 and Sections 7.714 through 7.714.933; however, if there is a conflict between those rules and these PRTF rules, these rules shall apply.
C.  The PRTF shall comply with all rules promulgated by the Medical Services Board in the Colorado Department of Health Care Policy and Financing for mental health services for clients of Psychiatric Residential Treatment Facilities or residing in Therapeutic Residential Child Care Facilities, Sections 8.765-8.765.13 (10 CCR 2505-10). 
7.705.102  ACCREDITATION [Rev. eff. 6/1/12]
The facility shall be accredited by one of the following: Joint Commission on Accreditation of Healthcare Organization (JCAHO), the Commission on Accreditation of Rehabilitation Facilities (CARF), or the Council on Accreditation of Services for Families and Children (COA).
7.705.103  CLIENT RIGHTS [Rev. eff. 6/1/12]
A.  A list of client rights and the grievance procedure shall be posted in all facilities in areas frequented by clients and legal guardians.
B.  Every client has the right to receive assistance from the client representative in making complaints and to receive copies of the complaint procedure.
C.  Written policies pertaining to visitation, communication, dress, and personal possessions may be established and implemented. These policies shall only limit a client's rights to ensure the protection of the client, staff, and program from unreasonable and unnecessary intrusions and disruptions and from health and safety hazards.
D.  Client rights may only be denied for good cause by the physician lead inter-disciplinary team providing treatment for that client.
E.  If the PRTF enforces any restriction upon the client's rights, the facility shall review any denial or limitation at least every seven (7) days and document in the individual plan of care.
7.705.104  PROFESSIONAL SERVICES [Rev. eff. 6/1/12] 
PRTF clientele shall receive six hundred (600) minutes of documented professional clinical services each week they are in PRTF residence, with one hundred twenty (120) of those minutes dedicated to individual treatment. The remainder of the professional clinical services (480 minutes) may include any or all of the following: group therapy, family therapy, medication management, psychological services, weekly physician contact, and post emergency intervention de-briefing, which the client may be excused from if clinically contraindicated. These services will be based on the recommendations of the interdisciplinary team and reviewed each week for clinical appropriateness. 
The facility team shall meet weekly to review and document the client’s general progress in treatment and make any needed adjustment(s) to the service plan for each PRTF resident. If it is clinically contraindicated that this (600 minutes) total of professional clinical services be delivered to the client, it shall be documented as such on a weekly basis by the licensed professional managing the care of this client; documentation shall include a description of those services that will be delivered to the client. 

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[Instructions: replace line 1131630.] 
7.706.19  Physical Requirements for a Safe and Adequate Center [Rev. eff. 6/1/12]

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[Instructions: replace lines 1131644 through 1841271.] 
N.  If weapons are on the property of the facility, they shall be rendered totally inoperable and shall be locked up to prevent unauthorized use. Ammunition, projectiles such as arrows or other items which can be used to make the weapon operable, shall be; locked separately. Weapons shall not be transported in any vehicle in which children are riding unless the weapons are made inoperable and inaccessible. 
O.  When a swimming pool is provided, it shall meet the requirements of the Colorado Department of Public Health and Environment or local unit. Safety precautions shall include protective fencing, nonskid surface of at least four feet adjoining pool sides, and winter coverage which shall exclude plastic or inflatable-type domes. A lifeguard, who holds an advanced life saving certificate, shall be in attendance at all times when the pool is in use. 
P.  The Colorado Department of Human Services will establish the number of children who may be served at any one time in the building(s) used by the day treatment center for school, recreation or therapy, established on the basis of one child per twenty square feet of space within the rooms which are to be used. Areas within the building which are to be used for bedroom, kitchen, office, hallways, or bathroom cannot be counted as space available for use by the children at the day treatment center. 
Q.  Within the buildings to be used by children in the day treatment program, there must be one toilet and one lavatory for every thirty children in attendance. 
R.  Arrangement must be made for personal belongings of each child while in attendance at the center. 
7.707  RULES REGULATING FAMILY CHILD CARE HOMES [Rev. eff. 1/1/10]
All family child care homes must comply with the “General Rules for Child Care Facilities” , “Rules Regulating Special Activities” , and the “Rules Regulating Family Child Care Homes.“
7.707.1  (None) [Rev. eff. 6/1/12]

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[Instructions: replace line 1841372.] 
7.707.22  Types of Family Child Care Homes [Rev. eff. 6/1/12]

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[Instructions: replace lines 1841379 through 1841387.] 
C.  A three (3) under two (2) license is a type of license that allows a provider to care for six (6) children from birth to eighteen (18) years of age with no more than three (3) children under two (2) years of age, with no more than two (2) of the three (3) children under twelve (12) months; the capacity includes the provider's own children under twelve (12) years of age. This license type may be approved with the following conditions:
1.  The licensee has held a permanent license to operate a family child care home for at least two (2) years in Colorado immediately prior to the issuance of the license that would authorize the care of three (3) children under two (2) years of age; and,
2.  The licensee has completed the State Department approved Expanding Quality Infant/Toddler course of training; and,
3.  In the past two years, the licensee has had no substantiated complaints with a severity level of one (1) to three (3), consistent or willful substantiated rule violations of ratio, supervision, safety, or injury to a child observed during any licensing visit, or adverse licensing action. 
4.  Care of additional children of school age is not authorized; and,
5.  Licensees issued a three (3) children under two (2) years of age license are approved for both the three (3) under two (2) and the regular license capacities and may switch between the two (2) capacities without notifying the State Department as long as they are in compliance with all licensing rules.

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[Instructions: delete lines 1841415 through 1841417; editorial note: Item G and “Temporary Flexibility” table deleted. ] 

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[Instructions: replace lines 1841420 through 1841433.] 
7.707.31  Requirements for Personnel [Rev. eff. 6/1/12]
A.  General Requirements
1.  Primary providers must physically reside at the family child care home and must provide the child care.
2.  Primary providers and/or substitutes must be at least eighteen (18) years of age. Aides must be at least sixteen (16) years of age. Aides and volunteers shall work under the direct supervision of a primary provider at all times.
3.  Providers, employees, substitutes, and volunteers must demonstrate an interest in and knowledge of children and a concern for their proper care and well-being.
4.  Children for whom the provider has custody and responsibility must not have been placed in foster care or residential care because the provider or other resident of the home was abusive, neglectful, or a danger to the health, safety, or well-being of those children.
5.  Providers must not be under the influence of any substance that impairs their ability to care for children.
6.  The primary provider is responsible for ensuring that all employees, substitutes and volunteers are familiar with the children in care, the Rules Regulating Family Child Care Homes rules, the home’s policies, and the location of children’s files and emergency numbers. 
7.  The primary provider must plan for the selection, orientation, training and/or staff development of any employee, volunteer, or substitute. 
8.  The primary provider must plan for and supervise the care and activities of children. 
9.  All providers and all persons residing in the home must submit to the State Department at time of original application on the form required by the State Department, a health evaluation signed and dated by a licensed physician or other health professional. 
10.  Subsequent health evaluations for the provider and children residing in the home who are less than twelve (12) years of age must be submitted every two (2) years or as required in a written plan signed by a physician or other health professional. A new family member and/or a new resident of the home must submit to the State Department, within thirty (30) days from the date the individual began living in the home, a State Department approved health evaluation form signed and dated by a licensed physician or other health professional. 
11.  If, in the opinion of a physician or mental health practitioner, a physical, medical (including side effects of medication), emotional, or psychological condition exists at any time that may jeopardize the health of children or adversely affect the ability of a provider to care for children, an equally qualified substitute provider must be employed, or child care services must cease until the physician or mental health practitioner states in writing that the health risk has been eliminated. 

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[Instructions: replace line 1841460.] 
7.707.32    Training [Rev. eff. 6/1/12]

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[Instructions: delete line 1841488; editorial note: Item B, 7 deleted.] 

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[Instructions: replace line 1841661.] 
7.707.71    Health Care, Medication, Communicable Disease, Sun Protection, Second Hand Smoke, and First Aid Supplies [Rev. eff. 6/1/12]

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[Instructions: replace lines 1841694 through 1841701.] 
F.  First Aid Supplies
Supplies must be maintained and stored in an area inaccessible to children. Supplies shall include band aids, tape, gauze, disposable gloves and compression bandages. 

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[Instructions: replace line 1841901.] 
7.707.923  Indoor Safety [Rev. eff. 6/1/12]

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[Instructions: insert after line 1841916.] 
P.  The use of indoor and/or climbing equipment indoors is subject to Section 7.707.932. 

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[Instructions: replace lines 2290800.] 
7.708.11  Definitions [Rev. eff. 6/1/12]
[Editorial note: changes to this section are incorporated with Tracking# 2012-00125 (#11-12-14-1).] 

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[Instructions: replace line 2290880.] 
7.708.31  Care of Foster Children [Rev. eff. 6/1/12]

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[Instructions: replace lines 2290894 through 2290920.] 
D.  Respite Care
Respite care for a foster child(ren) in a certified foster home other than the foster child(ren)’s identified foster home, that exceeds the license capacity of the foster home, shall occur for short term temporary relief of the foster parent(s) for not more than seven (7) consecutive days per month not to exceed 28 days in a calendar year. 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. 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 lines 1517953 through 1517956.] 
7.709.2  REQUIREMENTS OF A SPECIALIZED GROUP FACILITY [Rev. eff. 6/1/12]
7.709.21  Operation of Specialized Group Homes or Specialized Group Centers [Rev. eff. 6/1/12]
A.  The specialized group facility shall be sponsored and supervised by a county or agency.

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[Instructions: replace line 1518015.] 
7.709.24  Physical Requirements for a Safe and Adequate Specialized Group Facility [Rev. eff. 6/1/12]

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[Instructions: replace lines 1132462 through 1132478.] 

[A.]
8.  In new facilities licensed after May 1, 1984, any accessible areas beneath stairways shall be enclosed with one-hour fire-resistant material. 
B.  Living areas for children in a specialized group home or center shall include: 
1.  Separate sleeping rooms for boys and girls. In sleeping rooms that accommodate two to four children, 60 square feet of floor space per child shall be provided. There shall be no more than four children in any bedroom. Each room for single occupancy shall have a minimum of 80 square feet of floor space. Closet space and drawer space for personal items sufficient for the occupants in each sleeping room shall be provided.
2.  Each child shall be provided suitable sleeping facilities consisting of individual beds or bunks complete with mattresses in good repair and constructed so as to facilitate cleaning while in use by residents, and upon each change of occupancy. Single beds shall be spaced not closer than 36 inches laterally or end to end. Triple-deck bunk facilities are prohibited. Beds being used by children shall have a mattress cover, clean sheets, pillows and pillowcases and blankets as appropriate.
3.  Sleeping rooms above or below the floor of exit travel shall not be used for sleeping purposes for children who have physical handicaps which limit mobility. Children less than eight years old shall sleep on the same floor as the group home or center parents or personnel. Children under 12 years of age shall not be permitted to sleep in a detached structure unless a responsible person sleeps in the same structure.
4.  Bedrooms, separate from those used by children, shall be provided for the group home or center parents or personnel who sleep at the facility.
5.  Facilities shall provide living areas of no less than 35 square feet per occupant of usable indoor space exclusive of halls, baths and sleeping areas which shall be available for such things as dining, recreation, reading, visiting. Interior walls and ceilings shall be constructed of solid material and shall be in good repair.
6.  There shall be a ratio of at least one toilet, lavatory and bathtub or shower for every six foster children living in the home or center. Toilet, lavatory and bath or shower facilities shall be in the same building(s) as the children's sleeping quarters and shall be accessible from the inside of the building.
7.  There shall be a towel rack for each child in residence in bathroom or bedrooms.
C.  The group home or center's kitchen shall be equipped with the following: 
1.  Adequate space for receiving, storage and refrigeration of food.
2.  Adequate space for eating in kitchen or adjacent room for all children to eat at the same time.
D.  The facility must have laundry facilities with adequate storage for linens. 
E.  The group home or center, if located in the same building as or immediately adjacent to other residential facilities such as another group home or center, an adult treatment center or a nursing home, shall be so arranged that the care and activities of the children residing in the group home can be completely separate and independent from the other residential facility. No group home or center shall be used for purposes of a rooming or boarding house. A specialized group facility may not be operated adjacent to or on the premises of a business of a nature which might be hazardous to the health, safety, morals or welfare of children and the operation of the specialized group facility. The group home or center shall house only unrelated children of the ages mentioned on the license or certificate and of the type described in the statement of purpose. The facility shall not also be used by unrelated adults. 
F.  Mobile homes shall not be used for group homes or centers. 
G.  When a swimming pool is provided, it shall meet the requirements of the Colorado Department of Public Health and Environment or its local unit. Safety precautions shall include protective fencing, a nonskid surface of at least four feet adjoining poolsides, and winter coverage which shall exclude plastic or inflatable-type domes. A certified lifeguard shall be in attendance at all times when the pool is in use. 

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[Instructions: replace lines 1953652 through 1953653.] 
7.710 RULES AND REGULATIONS FOR CHILD PLACEMENT AGENCIES [Rev. eff. 6/1/12]
All child placement agencies shall comply with the “General Rules for Child Care Facilities” and “Rules and Regulations for Child Placement Agencies” and shall comply with the “Rules Regulating Family Foster Care Homes” for any homes certified by the Child Placement Agency, and the “Specialized Group Facilities” rules for any Specialized Group Facility sponsored by the Child Placement Agency. 

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[Instructions: replace lines 1953674 through 2170613.] 
7.710.11  (None) [Rev. eff. 6/1/12]
7.710.12  Placement for Purposes of Adoption [Rev. eff. 3/2/11]

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****************

[Instructions: replace line 1953676.] 
7.710.2  GOVERNING BODY [Rev. eff. 6/1/12]

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[Instructions: replace lines 1953683 through 1953709.] 
G.  The governing body of the CPA shall:
1.  Maintain the written purpose and policies for the general operation and management of the agency. When such purpose and policies are reviewed and revised, the State Department shall be advised of such changes. The purpose and policies as a minimum shall include:
a.  Statement of purpose of the CPA as to what type of placement of children in which the agency intends to engage, the geographic area the agency expects to serve, the ages of children to be placed, and any other specific factors regarding the children to be placed or the homes in which the children shall be placed.
b.  Personnel policy including, but not limited to, job description; qualifications for position; required documentation for position; requirement for both a criminal history fingerprint background check and a child abuse/neglect check through the State Department’s designated database (per Section 7.701.33);
c.  Foster care policy including, but not limited to, types of foster care homes to be certified; geographical area of proposed foster homes; recruitment, assessment, training, certification, supervision and monitoring of certified foster homes.
d.  Adoption policy which includes types of adoption in which the agency will participate and policy and procedure for each adoption program.
e.  Fee policy.
2.  Be responsible for the protection of the legal rights of children served by the CPA.
3.  Be responsible for approval of budget, obtaining funds and dispersal of funds.
4.  Appoint an executive director who meets requirements of Section 7.710.22 and be assured that staff members responsible for placement of children and/or certification of foster homes meet the requirements as stated in Section 7.710.22. 
5.  The Board or Chief Operating Officer, in the case of a multi-service agency, in which the program director is the person responsible for overseeing the foster care and/or adoption program shall conduct an evaluation, at least annually, to determine if the executive director is fulfilling all responsibilities as required in Section 7.710.25. 
6.  Inform the department, in writing, of: 
a.  A change in the executive director of the CPA; AND,
b.  Each agency office or change of agency office in which child placement is carried out at that location; and,
c.  The hours of operation that each CPA office is open each week and available for inspection of CPA records.
7.  Any legal action brought against the CPA which affects any child or children in care, personnel or conduct of the CPA.
8.  Maintain professional liability insurance in amounts reasonable related to its exposure to risk. The agency must provide a current risk assessment to the State Department if requested.
9.  Maintain and monitor a quality improvement program appropriate to the size and circumstances of the agency through which it makes systemic efforts to improve services if needed. 
10.  Ensure that the fees, wages, or salaries paid to the directors, employees, and officers of the agency not be unreasonably high in relation to the services actually rendered.
11.  Ensure that the agency’s Chief Executive Officer, Chief Financial Officer, Executive Director, and other officers or employees with direct responsibility for financial transactions or financial responsibility be bonded.
12.  Ensure that the agency maintains an average sufficient cash reserve or assets to meet its operating expenses, less foster parent payments, for two (2) months, taking into account the agency’s projected volume of cases and its size, scope, and financial commitments. 
H.  The governing body shall be responsible for completing the licensing renewal requirements by:
1.  Completing and submitting the license renewal application at least ninety (90) calendar days prior to the annual expiration date of the child placement agency license; and,
2.  Completing, signing and submitting the required verification of compliance form; and,
3.  Paying the prescribed fee pursuant to Section 7.701.4; and,
4.  Cooperating with on-site monitoring visit(s) to assess the agency's compliance with the rues for child placement agencies.
7.710.21  Financial Operation [Rev. eff. 6/1/12] 

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[Instructions: replace lines 1953713 through 1953748.] 
D.  Annual Audits
Each CPA whose total annual foster care or adoption expenditures are $100,000 or more shall provide for an annual audit by an independent Certified Public Accountant in accordance with appropriate generally accepted auditing standards. CPAs with less than $100,000 total annual expenditure may submit an audit as described above or may submit compiled or reviewed financial statements, prepared in accordance with generally accepted accounting principles. All Hague accredited international adoption agencies shall submit audits as required for Hague accreditation.
1.  Every CPA shall submit supplementary information as prescribed by the state on the required supplementary information form and the administrative expenses for foster care as defined by the State Department.
2.  The supplementary information submitted shall contain an affidavit signed by the CPA’s Executive Director and an officer of its board attesting to the authenticity of the information. Submission of falsified information shall be grounds for suspension of the CPA license.
3.  The audit and supplementary information shall be submitted to the State Department within six (6) months of the CPA’s fiscal year end.
4.  CPAs that are a subsidiary of a parent organization must submit separate audited financial statements for the subsidiary that detail each of the CPA's facilities or programs that provide services for the State or county department.
5.  If a CPA does not submit its annual audit or refuses to disclose financial information regarding the operation of the program in a timely manner, the State Department may send notice to withhold payment until the audit and/or requested information is submitted.
6.  Upon receipt of adequate written notice that a county department or the State Department plans to recover or withhold unallowable or misused funds from a CPA, a CPA may file a written request for review of the decision with the State Department.
a.  The written request for review must be submitted within thirty (30) calendar days of the receipt of the notice to recover or withhold the misused funds.
b.  The State Department shall convene a committee to review the written request from the CPA. The committee shall consist of three members representing:
1)  The State Department's Child Care Division; and,
2)  The State Department's Child Welfare Division; and,
3)  An independent representative of an auditor from another State Department or a certified independent accountant referred from the Colorado Society of Certified Public Accountants.
c.  The State Department reserves the right to receive legal consultation regarding the written request for review.
d.  The committee shall review all relevant information and make a decision within sixty (60) calendar days of receipt of the request. 
e.  The committee shall send its findings to the Executive Director of the State Department or his/her designee, who shall make the final agency decision for the State Department. 
E.  Allowable Expenditures
1.  A Child Placement Agency expenditure shall be considered allowable if it meets all of the following criteria:
a.  Reasonable
The expenditure is reasonable in nature or amount and does not exceed the cost that would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
b.  Ordinary and Necessary
The expenditure is of a type generally recognized as ordinary and necessary for the operation of a CPA or the performance of a contract for CPA services.
c.  Prudent
The individuals concerned acted with prudence in the particular circumstances, considering their responsibilities to the CPA, its employees, clients, foster families, foster children, the public at large, the State and the CPA's responsibilities pursuant to the contract for services, and must not be contrary to Federal or State law.
d.  Documented
A CPA has the responsibility to ensure that proper documentation procedures are followed for the funds that they control, and to ensure that only authorized expenditures are made. Lack of appropriate documentation will be considered cause for non-payment or non-reimbursement of expenditures. Expenditures must be adequately documented in writing. Documentation requirements shall include all of the following information: 
1)  Descriptive verification that the expenditure was for a business purpose directly related to the foster care or adoption program. 
2)  Date of event for which the funds were used. 
3)  Names of persons attending when an expenditure has the “appearance of personal benefit”. 
4)  Location of event or place where funds were spent. 
5)  When documentation includes purchases for multiple items and only some of the items relate to an appropriate expenditure for the CPA, a detailed itemization and reconciliation of the expenditures shall be evident on the face of the document. 
e.  Made in Accordance with GAAP
An expenditure must be recorded in accordance with Generally Accepted Accounting Principles (GAAP).
2.  Generally Allowable Expenditures
The following list of expenditures shall be a general list of expenditures that would be permissible for CPAs to incur in order to further the goals and objectives of their agencies. This list includes, but is not limited to, the categories described below, and shall be used as a reference for guiding the expenditure of CPA funds.
When a specific expenditure is not listed, yet management deems it to be in the best interests of the CPA to make the expenditure of the funds, then the criteria above for an allowable expenditure shall be followed. The CPA shall document the purpose of the expenditure, as listed at 7.710.21, E, 1, d, so that a "reasonable person" test can be made in the event the expenditure is audited. Each CPA shall allocate expenditures in accordance with its internal policies. 

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[Instructions: replace lines 1953768 through 1953792.] 
G.  Remedies
Remedy for unallowable expenditures may include any or all of the following solutions:
1.  Repayment to the State or Counties of identified unallowable expenditures. 
2.  Reclassification of the accounting entry to record the expenditure correctly, if the transaction can be appropriately reallocated to another cost center of the CPA, or affiliated agency, parent company, etc.
3.  "Adverse licensing action" which could result in the denial, suspension, or revocation of a license issued, pursuant to the Child Care Licensing Act or the demotion of such a license to a probationary license.
4.  Any other appropriate remedy based upon the facts and circumstances of the unallowable expenditure.
H.  Intentional Mis-Use of Funds
Intentional mis-use of funds implies that the individual(s) making the expenditure decision had deliberate, willful, and intentional disregard for the fiduciary responsibility for how public funds are to be used for purposes of placing children in foster care or adoptive homes, or arranging for the placement of children in foster care or adoptive homes, considering their responsibilities to the CPA, its employees, clients, foster families, foster children, the public at large, the State Department’s and the CPA'S responsibilities pursuant to the contact for services.
These rules do not preclude the State or county department(s) from pursuing other remedies available at law; for example:
1.  Referral for prosecution; or,
2.  Referral to the Internal Revenue Service for issues that violate Internal Revenue codes; or,
3.  Repayment to the State and/or counties of identified unallowable expenditures; or,
4.  "Adverse licensing action" which could result in the denial, suspension, or revocation of a license issued, pursuant to the Child Care Licensing Act, or the demotion of such a license to a probationary license.
7.710.22  Personnel Requirements [Rev. eff. 6/1/12]
A.  Each CPA shall have staff members in sufficient number to meet the needs of individuals served. Such staff members shall meet the following requirements:
1.  The Executive Director and placement supervisor must: 
a.  Reside in Colorado. 
b.  Submit proof of qualifications and certified transcripts from a regionally accredited college or university to the State Department within thirty (30) calendar days of accepting the position. 
2.  The Executive Director or in a multi-services agency, the program director, shall possess a knowledge of the type of child welfare services in which the CPA engages and shall be able to demonstrate administrative skill and leadership qualities. The Executive Director must have:
a.  Graduated with a Bachelor’s degree from a regionally accredited college or university with a minimum of thirty (30) semester credits or equivalent quarter credits in the social or behavioral sciences, and,
b.  At least five (5) years' full time or equivalent part time work experience in an administrative capacity, at least two (2) of which included supervision of professional staff and budget or fiscal management; or,
c.  Graduated with a Master’s degree or greater from a regionally accredited college or university with a minimum of thirty (30) semester credits or equivalent quarter credits in the social or behavioral sciences, and have two (2) years full time or equivalent part time work experience in an administrative capacity, all of which must have included supervision of professional staff and budget or fiscal management; and,
d.  A minimum of nine (9) semester hours or equivalent quarter hours in business or finance classes from a regionally accredited college or university may substitute for budget or fiscal management experience.
3.  Administrative capacity includes, but is not limited to, policy and procedure development and implementation, strategic planning, budget responsibility, fiscal management, quality assurance, networking, human resources management, program development and oversight, and business management.
4.  The State Department must receive at least three (3) current written statements or telephone references from individuals unrelated to the applicant, at least one (1) of whom has been the employer or supervisor of the applicant, which describes the executive director's character, reliability, knowledge of child welfare services and ability to perform the tasks of the Executive Director as outlined in the duties of the Executive Director at Section 7.710.25, A. If the Executive Director or in a multi-service agency, the program director, is also to have responsibility for placement supervision, she/he shall also meet the requirements for placement supervisor as set forth in Section 7.710.22, A, 6. 

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[Instructions: replace line 1953807.] 
7.  If additional placement workers are necessary to fulfill the placement responsibilities of the agency, such workers shall be supervised by a qualified placement supervisor and shall hold a Bachelor degree in the social or behavioral sciences. If an individual has a Bachelor's degree in a non-related field, he/she shall have at least two (2) years experience supervised by an individual with a Master of Social Work or other Master's degree in the social or behavioral sciences. 

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[Instructions: replace lines 1953815 through 1953823.] 
7.710.24  Personnel File [Rev. eff. 6/1/12]
A.  A personnel file shall be maintained or each employee and contract worker and shall be available to authorized representatives of the State Department.
B.  Each file shall include: 
1.  Original certified transcript from a regionally accredited college or university if a degree is required by the position.
2.  Employment application showing qualifications and experience.
3.  A minimum of three (3) current written signed statements obtained from previous employers and personal references at the time of hire to show that the person has the qualifications required in Section 7.710.22. 
4.  Evaluations of job performance. 
5.  Results of the review of records and reports of child abuse or neglect as listed at Section 7.701.32 and criminal record check as listed at Section 7.701.33. 
7.710.25  Duties of the Executive Director, Placement Supervisor, Placement Worker, Paraprofessionals/Trainees [Rev. eff. 6/1/12]

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[Instructions: replace lines 1953834 through 1953853.] 
B.  The placement supervisor shall be responsible to oversee the: 
1.  Study of potential foster or adoptive families using the Structured Analysis Family Evaluation (SAFE) instrument(s) to determine the character and suitability of the applicant(s), appropriateness of the home, and child care practices; and,
2.  Certification of foster care homes and placement of children in foster care homes; and/or, 
3.  Study of the child for adoption; and,
4.  Placement of children in homes for adoption.
5.  Reviewing and signing the SAFE assessment, post placement reports, and the issue certificate form; placement supervisors who complete a SAFE assessment are not required to obtain an additional review or signature of another placement supervisor; and,
6.  Oversight of appropriate medical services for the children placed in the care of any facility certified or sponsored by the CPA; and,
7.  Supervision of placement workers at least monthly to review, at a minimum, all SAFE assessments in process, certifications in renewal status, and current placement activity; such supervision shall be documented in writing by the placement supervisor. 
C.  The placement worker, under the direct supervision of the placement supervisor, is responsible for the monitoring and protection of children, and may: 
1.  Provide case management for individual children; and,
2.  Coordinate services for child(ren) and their family; and,
3.  Provide monitoring and support to foster homes; and,
4.  Conduct SAFE assessments to determine the ability of foster homes to meet children's needs. 
D.  The placement worker in an adoption agency may function as an adoption caseworker or birth parent counselor as listed in 7.710.52. 
E.  Foster care paraprofessionals, interns, or trainees may assess the physical environment for foster homes for compliance with regulations; act as a liaison with courts, schools, foster parents and all peripheral parties under the direct supervision of a placement supervisor or placement worker. 
[Editor’s note: delete Section 7.710.26.] 

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[Instructions: replace line 1953875.] 
7.710.33  Application and Inspection for Certification of Foster Care Homes [Rev. eff. 6/1/12]

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[Instructions: replace lines 1953900 through 195912.] 
J.  After the foster care application is received, each applicant listed on the application must complete a minimum of twenty-seven (27) hours of initial training consisting of at least twelve (12) hours of core training prior to the certificate being issued and completion of the remaining training within three (3) months after the placement of a child. The training shall be provided through the statewide core curriculum training, by the CPA, or by a county department. The core training shall include the following ten primary topic areas:
1.  General overview of foster care; and,
2.  Administrative and legal issues; and,
3.  Why children get placed in out-of-home care; and,
4.  Parenting and family dynamics; and,
5.  Key concepts of child growth and development; and,
6.  Importance of the team approach; and,
7.  Individual differences such as ethnicity and culture; and,
8.  Discipline; and,
9.  Effects of fostering on the foster family; and,
10.  Working with the biological family.
K.  After the application to become a cradle care provider is received, each applicant listed on the application must complete a minimum of twenty (20) hours of initial training prior to the certificate being issued. The training shall include the following primary topic areas: 

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[Instructions: replace lines 1953929 through 1953932.] 
L.  After the application is received and prior to the certificate being issued, a family assessment using the Structured Analysis Family Evaluation (SAFE) instrument(s) to determine the character and suitability of the applicant(s), appropriateness of the home, and child care practices must be completed.
1.  An assessment of character and suitability must include at least a review of the State Department's automated system as to applicants and persons who reside in the home of the applicants with written consent of the individuals. Statements from references and physician must be obtained. A review of all existing child placement agency and county department case records including the automated system must be completed. An investigation of any concerns raised from the application and/or the aforementioned sources of information and a personal assessment of the applicant must be conducted.
2.  The agency will require any applicant or any person eighteen (18) years of age or older who resides with the applicant in the foster care home to submit a complete set of fingerprints taken by a qualified law enforcement agency. The fingerprints and appropriate processing fee must be submitted to the Colorado Bureau of Investigation (CBI) to obtain any record of arrest or conviction which is held by the CBI.
a.  The agency must send an applicant card (FD 258) to the individual required to provide fingerprints. The fingerprints must be taken by a police or sheriff's department. The individual or agency must send the card to the CBI with a certified check or money order for the amount of the current processing fee. The CBI report must be sent to the child placement agency certifying the foster home. 
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[Instructions: replace lines 1953961 through 1953964.] 
8.  If there are additions of new adults to the household, additions of new children to the household, and/or changes in the age, sex, and special characteristics of child(ren) which will be considered for placement with the foster family, a SAFE update/addendum of the family must be completed and the family assessment revised. 
9.  An on site home inspection is required to determine its compliance with the Rules Regulating Foster Care Homes and, if the applicant is applying to be dually certified as a foster home and licensed as a family child care home, with the rules regulating Family Child Care Homes. Written documentation of the home inspection shall be in the foster care home file at the child placement agency. Approval of local zoning, health or fire departments must be documented in writing when the situation warrants. 
M.  An annual on-site, unannounced, home inspection must be made to the foster care home to determine compliance with the Rules Regulating Family Foster Care Homes and, if the foster care home is dual certified, with the rules regulating Family Child Care Homes. A written report of the supervisory visit must be given to the foster parent and a copy maintained at the child placement agency. A written notice of noncompliance with the regulations will be left with the foster parents or sent to the foster parents within fifteen (15) calendar days of the supervisory visit if there is noncompliance. Compliance must be achieved within the time frames indicated on the written compliance notice.
7.710.34  Issuance/Denial of Certificate [Rev. eff. 6/1/12]

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[Instructions: replace line 1953972.] 
D.  An applicant shall be denied if the person(s) applying for the certificate has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter an order pursuant to Part 3 or Part 4 of Article 14 of Title 15, C.R.S., or Section 27-65-109(4) or 27-65-127, C.R.S., specifically finding that the mental incompetency or insanity is of such degree that the applicant is incapable of operating a family child care home, foster care home, child care center, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof. 
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[Instructions: replace lines 1954005 through 1954026.] 
7.710.36  Recertification Action [Rev. eff. 6/1/12]
A.  Within ninety (90) calendar days of the receipt of a timely renewal application for a certificate, the child placement agency must complete the following actions:
1.  Evaluate the foster care homes' current and past compliance with the Rules Regulating Family Foster Care Homes.
2.  Conduct an unannounced inspection of the foster care home in accordance with Section 7.710.33, M. 
3.  Review the following information, for the applicants) and all individuals residing in the home, to determine if continued certification is appropriate:
a.  Any child abuse allegations or investigations in the previous year;
b.  Any arrest or conviction records in the previous year;
c.  Any information from the local county department concerning county involvement with the foster family, including information from caseworkers;
d.  Current health status.
4.  Complete the SAFE family assessment narrative update/renewal template with changes that have occurred with the foster family. Questionnaires One (1) and Two (2), and the psychosocial inventory, must be completed on the first renewal if a full SAFE assessment has not been completed on the foster family.
B.  At the time of the renewal of the certificate, one of the following must be completed:
1.  A provisional certificate for a kinship or child specific placement will be changed to a one year time-limited certificate as soon as the foster family has completed the items listed as reasons for the provisional certificate.
2.  A new one (1) year time-limited certificate is issued. The certificate issue date will be the date that the foster care home is in compliance with the Rules Regulating Family Foster Care Homes, as found at Section 7.708.
3.  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.
C.  Upon issuance of the one (1) year time-limited certificate, the child placement agency must submit data entry information to the department on forms prescribed by the department. 
D.  A foster care 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 care home program and confirms same in writing.
3.  A certificate has been revoked or denied.
7.710.4  PLACEMENT OF CHILDREN IN FOSTER CARE
7.710.41  Acceptance of Children for Placement [Rev. eff. 6/1/12]
A.  No agency shall accept a child for placement, except as provided in paragraph B below, from any source other than the child's parent(s) or guardian(s), a court of competent jurisdiction or a county or tribal department of social services and upon a specific written authorization by one of these to place the child, as only these have the right under the law to contract for a child's placement. 
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[Instructions: replace lines 1954032 through 1954045.] 
7.710.42  The Placement Process [Rev. eff. 6/1/12]
A.  In addition to an agency's responsibility to inspect and to supervise the ongoing operation of certified foster care homes, agencies shall comply with the following minimum standards applicable to the placement process.
B.  When accepting a referral, the agency shall conduct an assessment to determine whether placement of an individual child is appropriate and desirable. The following shall be included in this determination: 
1.  The reason(s) for placement; and,
2.  Information relating to the child's natural parents or family situation including religious, educational, economic and cultural background and other factors which 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; and,
3.  Information relating to the child's legal status, medical or health history, his/her physical condition, personality, school placement and adjustment, previous placements outside the home, attitude toward removal from the home, and family relationships, and preferences of the child when age and developmentally appropriate; and, 
4.  Coordination with other social service agencies or departments which may have information relating to the child; and,
5.  Additional information, if any, designed to assist the agency in determining what type of placement, if any, will best meet the needs of such child. 
C.  The agency must make available the original written family assessment, home study, and background checks of the foster parent(s) to the placing authority upon request. Updates to the family assessment, home study, and background checks must be sent to the placing authority.
D.  A child who is to be placed in a foster care home or child care center pursuant to Sections 7.500.21 and 7.500.22 respectively shall only be placed in a home or center that is licensed by the State Department or certified by a licensed placement agency or a county department of social services.
E.  The agency shall discuss information deemed necessary regarding a prospective foster child with foster parents as early as possible prior to placement. It is desirable for the child to visit and become familiar with the foster parents and other persons living therein prior to the time of placement.
F.  At the time of foster placement, the agency shall complete a record of admission for the foster care home parents as outlined in, Section 7.708.51, C, and be assured that the foster care home parents have a copy of a signed authorization for foster parents to obtain emergency medical care for the foster child, if necessary. 
G.  No placement shall be continued where it is not in the best interest of the child.
H.  If a child is placed in a family child care home, the placement agency shall be assured that the child's admission record and all admission procedures as stated Sections 7.707.5 and 7.707.51, are completed. 

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[Instructions: replace lines 1954055 through 1954060.] 
7.710.44  Termination of Placement [Rev. eff. 6/1/12]
A.  The agency shall counsel and assist parent(s) or guardian(s), foster parents and foster children in preparing for the termination of placement.
B.  When a placement is terminated, the child shall be released only to his parent(s) or guardian(s) or to a court of competent jurisdiction. If a child has been received for care upon court order, the child shall be released only upon direction of the court.  [Eff. 6/1/12]
C.  Upon termination of placement, the agency shall provide the parents or the agency receiving the child with pertinent health information and other records, such as school reports, which may be useful to persons with responsibility for such child.  [Eff. 6/1/12]
7.710.45  Required Records [Rev. eff. 6/1/12]

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[Instructions: replace lines 1954064 through 1954067.] 
D.  The agency record for each child shall contain as a minimum: 
1.  Report of the original intake study; and,
2.  An agreement signed by the parent or guardian authorizing the agency to place the child in foster care and consenting to necessary medical and surgical care. A court order transferring legal custody to the agency will fulfill this requirement; and,
3.  If the child is placed in a foster care home, a copy of the record of admission form as required in Section 7.708.51, C; and, 

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[Instructions: replace line 1954085.] 
7.710.52  Adoption Definitions [Rev. eff. 6/1/12] 

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[Instructions: replace line 1954106.] 
“ICPC” means the Interstate Compact for the Placement of Children which is an agreement that has been enacted into law by all fifty (50) states in the United States and the District of Columbia, which controls the lawful movement of children from one state to another for the purposes of adoption. Both the originating state, where the child is born, and the receiving state, where the adoptive parents live and where the adoption of the child will take place, must approve the child's movement in writing before the child can legally leave the originating state. This Compact regulates the interstate movement of both foster children and adoptive children. For further information or to obtain a copy of “Guide to the Interstate Compact on the Placement of Children”, contact the: American Public Human Services Association, 1133 Nineteenth Street, NW, Suite 400, Washington, DC 20036. Phone: 202-682-0100; Fax: 202-289-6555. 

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[Instructions: replace lines ______________.] 
7.710.53  Disclosure and Fee Information [Rev. eff. 6/1/12]
A.  Prior to signing the adoption services contract or other specific agreement for adoptive services or payment of any fees, each agency must provide in writing the following information to any applicant(s) approaching the agency with an interest in adopting a child(ren). The information must be easily understandable to any applicant. Applicants must sign a statement affirming that they have received the following information: 
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[Instructions: replace line 1954167; item B, 6.] 
6.  Copy of the most current annual report submitted to the State Department as described in Section 7.710.74. 

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[Instructions: replace line 1954234.] 
7.710.55  Training [Rev. eff. 6/1/12]

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[Instructions: replace lines 1954243 through 1954251.] 
B.  Core training must include all of the following topics:
1.  Attachment/bonding issues.
2.  Loss and grief issues, as applicable for all parties to the adoption.
3.  Adoption as a life long issue as it pertains to all parties to the adoption.
4.  Key concepts of child growth and development.
5.  Boundary setting and discipline.
6.  Parenting a child of a different cultural or racial background infancy through adulthood, if applicable.
7.  Disclosure issues including the accuracy of family history information regarding the child and birth parent(s)’ family, discussion with the child and sharing information with others.
8.  Understanding adoption laws and procedures, including termination of parental rights and the expedited relinquishment process pursuant to Section 19-5-103.5, C.R.S., and the administrative notice for any other birth parent or possible birth parent pursuant to Section 19-5-103.7, C.R.S., if applicable. 

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[Instructions: replace lines 1954271 through 1954274.] 
7.710.56  Assessment of the Adoptive Family and Report [Rev. eff. 6/1/12]
A.  Any individual, couple or family who desires to be considered to have a child(ren) placed for the purpose of adoption or second parent adoption must participate in an assessment regarding his/her suitability, appropriateness, and readiness for an adoptive placement.
B.  Any individual that is planning a second parent adoption must notify the agency and include the individual involved with the second parent adoption to participate in the home study, if the home study will be used in the next six months for a second parent adoption.
C.  An agency must complete the assessment without regard to race, ethnicity, or national origin, except as provided in 7.710.12, C, and 19-5-206, C.R.S. 

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[Instructions: replace lines 1954284 through 1954289.] 
K.  As a part of the family assessment the agency must obtain:
1.  A completed, dated and signed formal application for adoption, including a signed fee agreement and a disclosure agreement as outlined at Section 7.710.53, A.
2.  A current photograph of all members of the household.
3.  A copy of a current marriage license, if applicable.
4.  A copy of a divorce decree(s), if applicable.
5.  The results of a current fingerprint-based criminal history record check through the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) on all adult members of the household. The results of the child abuse or neglect records checks from the State Department and appropriate entity in each state in which the adult(s) in the household resided in the five years preceding the date of the application to adopt. 

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[Instructions: replace line 1954301.] 
e.  No person convicted of a felony offense specified in items Section 7.710.56, K, 5, d, a shall be allowed to adopt a child, except a person may be allowed to adopt a child if: 
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[Instructions: replace lines 1954617 through 1954619.] 
7.710.92  Qualifying Criteria for Selection of a Non-Public Agency [Rev. eff. 6/1/12]
A.  The agency selected to perform this administrative function shall be either a licensed child placement agency designated to facilitate adoptions or a non- public agency that meets the criteria to be a licensed child placement agency that facilitate adoptions.
B.  A designated placement supervisor or an individual who meets the criteria to be a designated placement supervisor shall sign documents related to interstate or foreign adoptions (see Section 7.710.22, A, 6). 

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[Instructions: replace lines 1954624 through 1954689.] 
7.710.93  Interstate Non-Public Adoptions [Rev. eff. 6/1/12]
A.  Where and How to Send Adoptive Placement Request Packets
Adoptive placement request packets shall be sent in triplicate by the sending agency to the selected agency. The name and address of such agency shall be distributed by the State Department.
B.  Time Frame for Processing Adoptive Placement Request Packets
1.  Upon receipt of a co for the administrative services of the selected agency, the selected agency shall review the request packets and shall grant or deny permission for the placement to occur within three business days, excluding weekends and holidays. 
2.  Upon receipt of a complete set of request packets from a Colorado local agency for an adoptive placement into another state, including the fee for the administrative services of the selected agency, the selected agency shall review the request packets for compliance with Colorado laws and procedures, and the packets, including the accompanying 100-A, signed and dated by the authorized signer or the designee of that authorized signer, shall be sent on to the receiving state ICPC office within three business days, excluding weekends and holidays. 

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[Instructions: replace lines 1954642 through 1954643.] 
D.  Materials Required in Request Packets for Children to be Placed into Colorado from Another State
The materials required in request packets for children to be placed into Colorado from another state are identical to the materials described in Section 7.710.93, C, with the following exceptions. If the sending state does not require proof of relinquishment counseling, Colorado shall not require this in order to approve an adoptive placement into this state. The fulfillment of the sending state's requirements regarding consent forms shall satisfy Colorado's requirements for purposes of approval of the adoptive placement. 

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[Instructions: replace lines 1311596 through 1311597.] 
7.711.1  DEFINITIONS [Rev. eff. 6/1/12]
A.  A "residential camp" is defined at Section 26-6-102(2.2), C.R.S. 

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[Instructions: replace line 1133791.] 
7.711.75  General Building Safety [Ref. eff. 6/1/12] 

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[Instructions: delete line 1133823; Item W deleted.] 

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[Instructions: replace line 1133839.] 
7.712.1  (None)  [Rev. eff. 6/1/12]

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[Instructions: delete lines 1502638 through 1311825; Section 7.712.33 deleted.] 

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[Instructions: replace line 1311827.] 
7.712.41  General Requirements for All Personnel [Rev. eff. 6/1/12] 

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[Instructions: insert the following paragraphs after line 1311833.] 
G.  The duties and responsibilities of each staff position and the lines of authority and responsibility within the center must be in writing. At the time of employment, staff members must be informed of their duties and assigned a supervisor. 
H.  Prior to working with children, the staff member must read and be instructed on the policies and procedures of the center, including those relating to hygiene, sanitation, food preparation practices, proper supervision of children, and reporting of child abuse. Staff members must sign a statement indicating that they have read and understand the center's policies and procedures. 
I.  Day camp staff shall receive a minimum of fifteen (15) hours of pre-camp training, not including First Aid and CPR. Pre-camp training must include all training activities that staff participate in as a whole. Training should include, but not be limited to, familiarizing staff with the camp mission, site emergency policy and procedures, how to supervise and facilitate activities with campers, and health care policies and procedures. Policies and procedures must be in writing. Staff will be supervised and additional training may be provided if needed. Day camps must have a system in place to provide staff the essential training information for late hires. 
J.  The center must have a staff development plan that includes a minimum of fifteen (15) clock hours of training each year for all staff. This requirement does not apply to day camps. This training must relate to one or more of the following general areas: child growth and development, healthy and safe environment, developmentally appropriate practices, guidance, family relationships, cultural and individual diversity, and professionalism. The fifteen (15) clock hours of training does not include recertification in First Aid and CPR. 
K.  All staff must complete training in universal precautions within the first three (3) months of employment. 

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[Instructions: replace lines 1311834 through 1311849.] 
7.712.42  Required Personnel and Qualifications [Rev. eff. 6/1/12]
A.  Program Director 
Each center must have an on-site program director who shall be at least twenty one (21) years of age. The program director must have demonstrated to the hiring authority maturity of judgment, administrative ability, and the skill to appropriately supervise and direct school-age children in an unstructured setting. 
1.  The program director must have verifiable education or training in work with school-age children in such areas as recreation, education, scouting, or 4-H; and the program director must have completed at least one of the following qualifications:   Eff  06/01/2007
a.  A four (4) year college degree with a major such as recreation, education with a specialty in art, elementary or early childhood education, or a subject in the human service field. 
b.  Two years of college training and six (6) months of satisfactory and verifiable full-time or equivalent part-time, paid or volunteer, experience, since attaining the age of eighteen (18), in the care and supervision of 4 or more children. 
c.  Three years of satisfactory and verifiable full-time or equivalent part-time, paid or volunteer, experience, since attaining the age of 18, in the care and supervision of four (4) or more children. The program director must complete six (6) semester hours, nine (9) quarter hours in course work from a regionally accredited college or university, or forty (40) clock hours of training in course work applicable to school-age children within the first nine (9) months of employment. 
2.  The program director is responsible for planning and implementing the program and supervising the staff.   Eff  06/01/2007
B.  Program Leaders 
Program leaders must be at least eighteen (18) years of age and demonstrate an ability to work with children. Program leaders must have at least three (3) months of full-time or equivalent part-time satisfactory and verifiable experience with school-age children. 
C.  Program Aides 
1.  Program aides shall be at least sixteen (16) years of age. Program aides shall work directly under the supervision of the program director or program leaders and shall never be left alone with children. 
2.  Program aides can be counted as staff in determining child care staff ratios.   Eff  06/01/2007
D.  Employment of maintenance staff, including kitchen service, grounds, and housekeeping employees less than sixteen (16) years of age, must be in compliance with Colorado labor laws. 
E.  First Aid and CPR Certified Staff 
For every thirty (30) or fewer children in attendance, there must be at least 1 staff member who holds a current Department-approved First Aid and safety certificate that includes CPR for all ages of children. Such individuals must be with the children at all times when the center is in operation. If children are at different locations, there must be a First Aid and CPR qualified staff member at each location. In a day camp, all staff that are eighteen (18) years of age and over are required to have a current First Aid and CPR certificate from a nationally recognized provider. Uncertified staff must work with another certified staff member. 

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[Instructions: replace lines 1134200 through 1134212.] 
7.712.74  Fire and Other Safety Requirements [Rev. eff. 6/1/12]
A.  General Requirements
1.  Buildings must be kept in good repair and maintained in a safe condition.
2.  Major cleaning is prohibited in rooms occupied by children.
3.  Volatile substances such as gasoline, kerosene, fuel oil, and oil-based paints, firearms, explosives, and other hazardous items must be stored away from the area used for child care and be inaccessible to children.
4.  Combustibles such as cleaning rags, mops, and cleaning compounds, must be stored in well-ventilated areas separated from flammable materials and stored in areas inaccessible to children.
5.  Closets, attic, basement, cellar, furnace room, and exit routes must be kept free from accumulation of extraneous materials.
6.  All heating units, gas or electric, must be installed and maintained with safety devices to prevent fire, explosions, and other hazards. No open-flame gas or oil stoves, unscreened fireplaces, hot plates, or unvented heaters can be used for heating purposes. All heating elements, including hot water pipes, must be insulated or installed in such a way that children cannot come in contact with them. Nothing flammable or combustible can be stored within 3 feet of a hot water heater or furnace. 
7.  Indoor and outdoor equipment, materials, and furnishings must be sturdy, safe and free of hazards. 
8.  Equipment, materials, and furnishings, including durable furniture such as tables and chairs, must be stored in a manner that is safe for children. 
9.  Extension cords cannot be used in place of permanent wiring. 
10.  Corridors, halls, stairs, and porches must be adequately lighted. Operable battery-powered lights must be provided in locations readily accessible to staff in the event of electric power failure. 

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[Instructions: replace line 1134862.] 
7.713.56  Building Safety [Rev. eff. 6/1/12]

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[Instructions: replace lines 1134887 through 1134899.] 
D.  General Safety Practices
1.  A secure residential treatment center shall immediately notify the responsible agency or department of fire or other disaster which might endanger residents or require their removal for reasons of health and safety. The Licensing Section of the Colorado Department of Human Services shall be notified of a fire or other disaster.
2.  A secure residential treatment center shall not maintain any firearm on the grounds or within the structures of the facility.
a.  A facility shall not permit any staff member or youth to be in possession of any firearm on the grounds or within the structures of the center. If chemical weapons are carried by a staff member for personal protection, the weapons shall be locked when the staff member is in the center.
b.  Security guards patrolling the grounds and structures of a center, whether employed by the center or by a security service under contract to the center, shall not be permitted to be in possession of any firearm or chemical weapon on the grounds or within the structures of the facility except in emergency situations which are detailed in written policy.
3.  Porches, elevated walkways and elevated play areas within the center shall have barriers to prevent falls.
4.  Power-driven equipment used by the center shall be kept in safe and good repair. Such equipment shall be used by youth only under the direct supervision of a staff member and according to state law.
5.  All stairways containing more than four steps shall be equipped with a handrail. 
6.  Staff and youth shall be trained to report fires and other emergencies appropriately and shall be trained in fire prevention. 
7.  Power generators shall be tested at least every two weeks, and other emergency equipment and systems tested at least quarterly for effectiveness and shall be repaired or replaced if necessary. 
8.  The center shall have access to an alternate power source to maintain essential services in an emergency. 
9.  There shall be a procedure which provides for a communications system in emergency situations within the center and between the center and the community. 

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[Editorial note: Section 7.714 has been incorporated with Tracking# 2012-00125 (#11-12-14-1).] 

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[Instructions: replace lines 1135481 through 1135483.] 
7.715.11  Definitions [Rev. eff. 6/1/12]

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[Instructions: replace line 1135722.] 
7.715.82  Building Maintenance

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[Instructions: replace line 1135734.] 
7.715.84  Fire Safety [Rev. eff. 6/1/12]

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[Instructions: replace line 1135742.] 
H.  There shall be no candles or other burnable objects permitted in sleeping areas. 

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[Instructions: replace lines 1135977 through 1388509; sections 7.718-7.718.4 repealed.] 
7.718 (None) [Rev. eff. 6/1/12] 

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[Instructions: replace line 2177378.] 
7.720.41  General Requirements for All Personnel [Rev. eff. 6/1/12]

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[Instructions: replace lines 2177381 through 2177389.] 
C.  A child abuse and neglect and a criminal record check request for all staff shall be completed and on file at the Neighborhood Youth Organization's administrative headquarters pursuant to General Rules sections 7.701.32 and 7.701.33. 

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[Instructions: replace lines 2177462 through 2177474.]
7.720.73  Fire and Other Safety Requirements [Rev. eff. 6/1/12]
A.  General Requirements
1.  Buildings shall be kept in good repair and maintained in a safe condition.
2.  Major cleaning involving the use of household or industrial cleaners is prohibited in rooms presently occupied by youth.
3.  Volatile substances such as gasoline, kerosene, fuel oil, and oil-based paints, firearms, explosives and other hazardous items shall be stored away from the area used for youth care and be inaccessible to youth.
4.  Combustibles such as cleaning rags, mops, and cleaning compounds shall be stored in well-ventilated areas separated from flammable materials and stored in areas inaccessible to youth.
5.  Closets, attic, basement, cellar, furnace room, and exit routes shall be kept free from accumulation of extraneous materials that could cause or fuel a fire or hinder an escape or evacuation.
6.  All heating units, whether gas or electric, shall be installed and maintained with safety devices to prevent fire, explosions, and other hazards. No open-flame gas or oil stoves, unscreened fireplaces, hot plates, or unvented heaters may be used for heating purposes. All heating elements, including hot water pipes, shall be insulated or installed in such a way that youth cannot come into contact with them. Nothing flammable or combustible may be stored within three (3) feet of a hot water heater or furnace. 
7.  Indoor and outdoor equipment, materials, and furnishings shall be sturdy, safe and free of hazards. 
8.  Equipment, materials, and furnishings, including durable furniture such as tables and chairs, shall be stored in a manner that is safe for youth. 
9.  Extension cords cannot be used in place of permanent wiring. 
10.  Corridors, halls, stairs, and porches shall be adequately lighted. Operable battery-powered or solar lights shall be provided in locations readily accessible to staff in the event of electric power failure. 

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