Tracking# 2013-00620
FA/P 8/2/13, eff. 10/1/13 

I:/12101101.rtf 
(I:/12101101.doc) 

(12 CCR 2509-1)

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Revisions to Sections 7.307.6 through 7.307.65 were final adoption following publication at the 8/2/2013 State Board meeting (Rule-making# 12-10-11-1), with an effective date of 10/1/2013. 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. 

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(12 CCR 2509-4)

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7.307.6  INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) EXPEDITED PLACEMENT DECISION [Rev. eff. 10/1/13]
To fulfill its obligations under Interstate Compact on the Placement of Children, interstate cases must be processed in a time frame and manner comparable to intrastate cases and intrastate hardship cases.
The expedited placement is designed to eliminate delays in the placement of children in appropriate family homes across state lines.
A.  All cases of expedited placement decision require an expedited placement decision court order.
B.  In addition, an expedited placement decision can only be made when the placement of the child is with a parent, step-parent, adult brother or sister, adult uncle or aunt, grandparent, or his/her guardian.
7.307.61  Definition of an Expedited Placement Decision [Eff. 10/1/13] 
“Expedited placement decision” means an approval or denial of a placement resource made by the receiving state within twenty (20) business days after receipt of a complete request from the sending state. 
7.307.62  Sending State Expedited Placement Decision Court Order Findings [Rev. eff. 10/1/13]
A.  A valid expedited placement decision court order from the sending state shall contain an express finding that one or more of the following circumstances applies to a particular case and sets forth the facts on which the court bases its finding: 
The proposed placement resource is a relative as specified in 7.307.6, B, and either: 
1.  The child is four (4) years old or younger and his/her sibling(s) if being placed in the same home; or,
2.  The child is in an emergency placement, or,
3.  The court finds that the child or any child in the sibling group has a substantial relationship with the proposed placement resource.
B.  In cases where the sending state court is not itself the sending agency, it is the responsibility of the sending agency to keep the court, which issued the priority order, informed of the status of the priority request.
7.307.63  County Department Processing of Sending State Expedited Placement Request [Eff. 10/1/13] 
The county staff shall obtain a copy of the sending state’s court order of expedited placement decision. County staff will ensure that the order sets forth the factual basis for a finding that an expedited placement decision applies to the child in question, whether the request includes a request for a provisional approval of the prospective placement and a factual basis for the request. 
The county department shall also obtain a signed written statement by the assigned case manager in the sending state that affirms the following conditions are met: 
A.  The child must be placed with a parent, step-parent, adult (as defined by the laws of the receiving state) brother or sister, adult uncle or aunt, grandparent, or his/her guardian.
B.  The relative or guardian is interested in being a placement resource and willing to cooperate with the ICPC process.
C.  The name and correct address, all available telephone numbers, other contact information of the placement resource, and the date of birth and Social Security Numbers of all adults in the home.
D.  Number and type of rooms in the residence of the placement resource to accommodate the child under consideration and the number of people, including children, who will be residing in the home.
E.  Proof of sufficient financial resources or explanation for how children will be fed, clothed and cared for.
F.  Acknowledgement that a criminal records and child abuse history check will be completed on any persons eighteen (18) years of age and older residing in the home.
G.  Based upon current information known to the sending agency, it is unaware of any fact that would prohibit the child being placed with the placement resource and that it has completed and is prepared to send all required paperwork to the sending state ICPC office.
7.307.64  Expedited Placement Decision Requirements When Colorado is the Sending State [Rev. eff. 10/1/13]
A.  The county department holding legal custody and considering placement of a dependent child into any site out-of-state shall complete an Interstate Compact on the Placement of Children request as outlined in Section 7.307.51 of these rules. The Interstate Compact on the Placement of Children referral packet shall include a valid expedited placement decision court order. 
B.  There are specific time frames in processing expedited placement decision requests.
1.  Time periods in these procedures may be modified with a written agreement between the court which made the expedited order, the sending agency, the Colorado Interstate Compact on the Placement of Children county liaison and the receiving state Compact Administrator. Any such modifications shall apply only to the single case to which it is addressed.
2.  The court sends a copy of its signed order for expedited placement decision to the sending agency within two (2) business days of the hearing or consideration of the request.
3.  Within three (3) business days of receipt of the expedited placement decision court order, the county caseworker shall transmit the signed court order, completed forms, and supporting documentation to the Interstate Compact on the Placement of Children county liaison.
4.  Within two (2) business days after receipt of the expedited placement decision request, the Interstate Compact on the Placement of Children county liaison shall transmit the complete expedited placement decision request and its accompanying documentation by overnight mailing to the receiving state Compact Administrator together with a notice form that the request is entitled to expedited processing.
7.307.65  Expedited Placement Decision Requirements When Colorado is the Receiving State [Rev. eff. 10/1/13]
A.  Within two (2) business days after receipt of a complete expedited placement decision referral packet from the sending state, the Interstate Compact on the Placement of Children county liaison shall forward the referral to the county caseworker.
B.  Within fifteen (15) business days, the county caseworker shall forward the completed home study to the Interstate Compact on the Placement of Children county liaison.
C.  Within three (3) business days after receipt of the home study, the Interstate Compact on the Placement of Children (ICPC) county liaison shall approve or deny the placement and provide the home study report to the sending state by expedited transmission. 
D.  A county department is authorized to consent to the sending state’s request to relinquish jurisdiction if the placement is approved with a parent from whom the child was not removed. 

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