Tracking# 2012-00242 
FA/P 5/4/12, eff. 7/1/12 

I:/12011001.rtf
[I:/12011001.doc]

(12 CCR 2509-1) 

[Instructions: insert before line 1585539.] 
Revision of Sections 7.202.4, 7.304.62, 7.305.2, 7.305.4, 7.305.42, 7.708.39, and 7.709.25; addition of Section 7.702.44 were final adoption following publication at the 5/4/2012 State Board meeting (Rule-making#s 11-12-20-1, 12-1-10-1, and 12-1-12-1), with an effective date of 7/1/2012. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.

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

(12 CCR 2509-4) 

[Instructions: replace line 2008117.] 
7.304.62  Placement Activities [Rev. eff. 7/1/12]

=== 

[Instructions: replace lines 2008130 through 2008137.] 
L.  Notify the guardian ad litem, parent(s) or legal guardian within one (1) business day upon a child's placement into a foster care home. The guardian ad litem's contact information shall be provided to the foster parents.
M.  Provide notice of, and a right to be heard at, any Administrative Review to the child (if age appropriate), foster parents, pre-adoptive parents, or relatives providing care to a child and, upon written request, a written notice of the court hearing, which identifies the following: 
1.  The child's current court case number;
2.  The date and time of the next court hearing; and,
3.  The name of the magistrate or judge and the court division to which the case was assigned.
N.  Not release personally identifying information. Upon receipt of written notice by a foster parent, employees of State and county departments, or others with the need to know, shall be prohibited from releasing personally identifiable information about a foster parent, other than the first name, to any adult member of the foster child's family, unless the foster parent subsequently provides written consent for the release of information.
O.  Refer to Section 7.406.1, F, for the applicable criteria when a child will be absent from the designated out-of-home placement and the county elects to reimburse the provider using the seven (7) day or thirty (30) day policy. 
P.  County departments may allow children and youth in out-of-home care to participate in community-based activities without the need for a fingerprint-based criminal record background check for the adult(s) involved in the activities. A decision to allow participation shall be based on prudent parenting and include, but not be limited to, careful and sensible decision-making that addresses the health, safety, and best interests of the child or youth. The following factors shall be taken into consideration: 
1.  Level of maturity; 
2.  Developmental level; 
3.  Age appropriateness of activity; and, 
4.  Frequency of the activity.

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

[Instructions: replace line 2215494.] 
7.305.2  SPECIFIC PROCEDURES [Rev. eff. 7/1/12]

=== 

[Instructions: replace lines 2215508 through 2215509.] 
E.  Free Annual Credit Record Report for Youth Age 16 and Older in Foster Care
The following steps shall be taken: 
1.  The county department shall obtain and provide a copy of the credit report to the Guardian ad Litem (GAL); and, 
2.  Should the annual report show evidence of inaccuracies, the county department shall collaborate with the GAL to ensure the youth is referred to a Colorado Department of Human Services approved governmental or non-profit agency to resolve the inaccuracies. 
F.  Emancipation Transition Plan
The youth, county department caseworker, provider(s), and other representatives of the youth as appropriate, shall jointly develop a detailed, formal emancipation transition plan a minimum of ninety (90) business days prior to the projected emancipation date of the youth. The plan shall include, but not be limited to, the following: 

=== 
************* 

[Instructions: replace lines 2289151 through 2289156.]
7.305.4  CHAFEE FOSTER CARE INDEPENDENCE PROGRAM (CFCIP) – TITLE IV-E INDEPENDENT LIVING GRANT INITIATIVE [Rev. eff. 7/1/12]
The Chafee Foster Care Independence Program (CFCIP) is a federally funded statewide independent living program that is county administered.
The purpose of the Chafee Foster Care Independence Program is to provide age appropriate independent living resources to youth in out-of-home care who are at risk of aging out of foster care. These services shall supplement existing independent living resources and programs in county departments, residential child care facilities and child placement agencies, and by federal statute, shall not replace or duplicate existing services. Chafee Foster Care Independence Program funds shall not be used for room and board for a youth under eighteen (18) years of age. The eligible population includes: 
A.  Youth currently in out-of-home care, fifteen (15) up to eighteen (18) years of age, and in out-of-home care for a minimum of six (6) months. Consecutive months are not required;
B.  Age eighteen (18) to twenty one (21), who were in out-of-home care on their 18th birthday; and, 
C.  Youth age sixteen (16) to twenty one (21) who meet requirements for relative guardianship assistance, and youth age sixteen (16) to twenty one (21) who meet requirements for adoption assistance or who met such requirements prior to their 18th birthday. 

=== 
*************

[Instructions: replace lines 2289163 through 2289170.] 
7.305.42  Eligibility [Rev. eff. 7/1/12]
To be eligible for Chafee Foster Care Independence Program (CFCIP) services, the youth must:
A.  Meet Program Area 4, 5, or 6 target group eligibility requirements or meet community placement requirements for the Division of Youth Corrections. 
B.  Be at risk of aging out of foster care which includes youth: 
1.  Currently in out-of-home care, fifteen (15) up to eighteen (18) years of age, and in out-of-home placement for a minimum of six (6) months. Consecutive months are not required;
2.  Age sixteen (16) to twenty-one (21), who meet requirements for Relative Guardianship Assistance and entered Relative Guardianship on or after age sixteen (16);
3.  Age sixteen (16) to twenty-one (21), who meet requirements for Adoption Assistance and entered Adoption Assistance on or after age sixteen (16);
4.  Age eighteen (18) to twenty-one (21), who were in out-of-home care on their eighteenth (18th) birthday.

===
******************

(12 CCR 2509-8) 

[Instructions: replace lines 2290997 through 2290998.] 
7.708.39  Community Participation [Rev. eff. 7/1/12]
A.  Participation in community activities shall be encouraged, supported, and a vital part of each foster life and choice. With the consent and authorization of the custodial county department of human/social services, providers shall make reasonable efforts to allow children and youth to participate in extracurricular, cultural, educational, work-related, and personal enrichment activities to transition toward independence, build life skills, and strengthen opportunities to make positive connections. When considering an activity, the following factors shall be considered, but are not limited to: 
1.  Adequate information about the youth; 
2.  Behavioral and/or mental health stability of the child or youth; 
3.  Reasonable steps were made to determine the appropriateness of the activity; and, 
4.  Lack of reasonable or foreseeable harm regarding the activity.

=== 
******************

[Instructions: replace line 1518016.] 
7.709.25  Care of Children [Rev. eff. 7/1/12]

===
******************

[Instructions: insert after line 1132500.] 
E.  Participation in Community Activities 
Participation in community activities shall be encouraged, supported, a vital part of each foster child’s life and choice, and authorized by the custodial county department of human/social services. Along with the requirements in Section 7.714.7 (12 CCR 2509-8), group home or group center providers shall with the consent and authorization of the custodial county department of human/social services, make reasonable efforts to allow children and youth to participate in extracurricular, cultural, educational, work-related, and personal enrichment activities that assist to transition toward independence, build life skills, and strengthen opportunities to make positive connections. When considering an activity, the following factors shall be considered, but are not limited to: 
1.  Adequate information about the youth; 
2.  Behavioral and/or mental health stability of the child or youth; 
3.  Appropriateness of the activity; and, 
4.  Lack of foreseeable harm regarding the activity.

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