Tracking #2006-00670-permanent
(formerly #2006-00650-emergency)

Rule-Making# 06-7-20-1
I:/06072001.doc
[I:/06072001_7OCT.rtf]

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(12 CCR 2509-1)
[Instructions:  insert the below paragraphs before line 1035602.]
Revisions to Sections 7.406.1, 7.500.31, 7.500.351, 7.701.26, and 7.701.31 were adopted as final (permanent) adoption of emergency rules at the 10/6/2006 State Board meeting, with an effective date of 8/1/2006 (Rule-making #06-7-20-1).  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 Performance Improvement, Boards and Commissions Division, State Board Administration.
Revisions to Sections 7.307.51 and 7.307.52 were adopted as final (permanent) adoption of emergency rules at the 10/6/2006 State Board meeting, with an effective date of 10/1/2006 (Rule-making #06-7-25-1).  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 Performance Improvement, Boards and Commissions Division, State Board Administration.

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(12 CCR 2509-5)

[Instructions:  replace lines 1036322 through 1036365.]
7.406.1  THE STATE REIMBURSES WHEN [Rev. eff. 8/1/06]
A.  The county's case record contains required program documentation. For out-of-home placement, documentation shall include the requirements listed under Section 7.304.51, Authority for Placement.
B.  Care is provided after the case is open and before the case is closed.
C.  The child is with a provider in possession of a valid certificate or license, when one is required.
D.  Placement is with an in state Residential Child Care Facility or non-profit Child Placement Agency on the state approved vendor list or with out of state placement providers as approved through the Interstate Compact on the Placement of Children.
E.  A youth over 18 is in placement only when the court had jurisdiction before the 18th birthday and the court orders out of home placement.
F.  A child's absence from a particular out of home placement does not exceed seven days per absence, with only one seven-day total reimbursement within 30 calendar days.  For absences caused by a child's hospitalization, the county may pay out of home care during the first 30 days of hospitalization.  For children enrolled in the Children's Habilitation Residential Program Waiver, the county shall continue payment of the equivalent of the maximum federal Supplemental Security Income benefit during all absences.  For absence during hospitalization, the county may pay up to the full Waiver Services daily rate approved by the State Waiver Administrator or designee given authority by the county department to negotiate CHRP reimbursement for days 15 through 30 only.  For all other absences, the medical services rate shall not be paid.
G.  The out of home placement duration for a voluntary Title IV E child does not exceed 180 calendar days when the county department has filed for a petition to review the need for placement by the 90th calendar day and the county has a correctly worded court order issued, based on the request of the petition to review the need for placement  (see Court-Related Procedures, Section 7.304.53).
H.  The county department reports an out of home or Core Services Program care placement in the Department's automated reporting system within 90 calendar days of its beginning.  The State reimburses for retroactive payments not greater than the current and two preceding months.  See Section 5.420 in the Finance manual (11 CCR 2508-1).
I.  The county department places children in out of home care within the provider's licensed or certified capacity or if the licensed/certified capacity is exceeded with the placement of a sibling group.  The county shall document that there are no other appropriate placements available.
J.  A child is in a non-profit Child Placement Agency or Residential Child Care Facility within Colorado for longer than 10 working days and an agreement to purchase Child Placement Agency or Residential Child Care Facility services is completed for the child.
K.  A child is in a non-profit Child Placement Agency or Residential Child Care Facility within Colorado for less than 10 working days and the facility has an emergency shelter contract with a county department.
L.  Out-of-home placement occurs in facilities holding current certificates or licenses or in certified kinship care placement.
M.  Children are placed in non-profit Child Placement Agencies and Residential Child Care Facilities outside of Colorado according to the rules for out of state placement and Interstate Compact on the Placement of Children.
N.  Respite care is paid to providers of family foster care.  This includes county department or child placement agency family foster homes, or adoptive homes receiving a foster care payment and certified kinship care providers.  It does not include family foster homes that provide receiving home care.
O.  The child enters care (first day) but not for the last day in care.
P.  The child is placed and removed on the same day.
Q.  The state reimburses for independent living arrangements for youth 16 through the end of the month of the 21st birthday, when the county has custody and the court has had jurisdiction before the 18th birthday.  The state reimburses for independent living services for youth provided that the youth’s assets do not exceed $5,000.
R.  Special Circumstance Child Care program criteria are met.
S.  The Core Services Program is operated within applicable state rules and within the provisions of the county or multi-county state approved Core Services Plan.
T.  Client travel costs for out-of-state placement and supervision activities are related to out of home placements approved through the Interstate Compact county liaison and the receiving state Interstate Compact on the Placement of Children office.  Staff travel costs are reimbursed through county administration.
U.  Payments for out-of-home care and rate adjustments are pro-rated using the foster care daily rate in the department's automated reporting system.
V.  The developmental disability rate for children placed in family foster care, receiving home care, specialized group care in specialized group homes and centers, specialized foster care in county certified family foster homes, and homes in which a subsidized adoption maintenance payment is made, and certified kinship care.
W.  The county department for a one-time per placement expenditure for clothing purchased for a child in out-of-home care.  No single payment may be more than the specified rate.  The state reimburses retroactive clothing payments not greater than the current and two preceding months.
X.  The child is in out-of-home care and the county department lists a child free for adoption with the Colorado Adoption Resource Registry within 90 calendar days following:
1.  The date of relinquishment or termination of the parent-child relationship, or
2.  The date of placement into out-of-home care following an adoption dissolution.
Y.  The child is in out-of-home care, the county department requests and the State approves an exclusion from Colorado Adoption Resource Registry listing for a child free for adoption within 90 calendar days following:
1.  The date of relinquishment or termination of the parent-child relationship; or,
2.  The date of placement into foster care following an adoption dissolution.
Z.  If the state approves a Colorado Adoption Resource Registry exclusion because the county finds an adoptive home, reimbursement for out-of-home care is limited to six months from the date the state department receives the request for exclusion.
AA.  Costs are billed for the current and two preceding months.
BB.  The Early intervention and Prevention Program is operated within applicable state rules and within the provision of the county or multi-county state approved services plan.
CC.  The county department places a child with a diagnosis of developmental disability, as defined in Section 16.120 of the Department’s Developmental Disabilities Services rules (2 CCR 503 1), with a service agency that has been approved by Developmental Disabilities Services.  The approved service agency shall be in compliance with standards developed for children with developmental disabilities placed in care through county departments.
DD.  A child with development disabilities has been placed in a locked residential setting for treatment and the county has obtained a court order of legal imposition of disability pursuant to Section 27-10.5-110, C.R.S.
EE.  A county department pays incentives to a consortium for meeting or exceeding agreed to outcomes.
FF.  A county department may pay a consortium, if the consortium's outcome measures meet or exceed the agreed to standard.
GG.  A county department purchases Transition Program services provided by an RCCF that is on the approved State RCCF vendor list.  In no case shall the rate for transition services exceed the RCCF rate approved by the county department.
HH.  Effective July 1, 2005, children are placed in a family foster care home through a private for-profit child placement agency only when one of the following exceptions applies:
1.  Any child who is placed in a family foster care home through a private for-profit child placement agency prior to July 1, 2005, until such time that the child is no longer in a placement with a foster care home through the same private for-profit child placement agency; or,
2.  When a child is placed in a family foster care home through a private for-profit child placement agency and is eligible for and receives Supplemental Security Income; or
3.  When a child is placed in a family foster care home through a private for-profit CPA and a Supplemental Security Income application or appeal is pending; or,
4.  When a child is part of a sibling group and it is in the best interest to be placed with a sibling who is placed in a family foster care home through a private for-profit child placement agency and is eligible for State reimbursement under exception 1 or 2, above.
I I.  Placement of a child in a provisionally certified family foster care home that is fully certified within 60 calendar days from the date of the application.
JJ.  A county department documents the lawful presence of children age 18 and over receiving services other than those excluded from the definition of a federal public benefit, or state and local public benefits as those terms are defined at Section 24-76.5-102, C.R.S.

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(12 CCR 2509-6)
[Instructions:  replace lines 1011970 through 1011984.]
7.500.31  Family Foster Care Homes [Rev. eff. 8/1/06]
Family foster care homes are certified by county departments;  family foster care homes associated with Child Placement Agencies (CPAs) are certified by the CPA.
A.  A family foster care home provides temporary or  long-term  care for children who must live outside their own homes and are in need of protection and/or supervision, including those children with physical handicaps or developmental disabilities when target group eligibility and out-of-home placement criteria are met.  Receiving homes are a type of family foster care home which provide temporary care of children.
B.  Foster parents shall be recruited who demonstrate a genuine interest in and knowledge of children and a concern for their proper care and well-being.  A county department shall recruit within its own county and may recruit in adjacent counties with the approval of the director of the county department of the adjacent county.
C.  Within five working days after initial inquiry, the worker shall discuss with prospective applicants general information regarding foster parenting requirements and the upcoming orientation.
D.  An orientation shall be held to discuss the application and certification process for prospective foster parent applicants within six weeks after initial inquiry.
E.  A family foster home must be licensed or certified.  Pursuant to an application for a license or certificate, the county department shall assess a family foster home; however:
1.  A staff member of a county department of social services shall not be certified by the county in which he/she is employed to operate a family foster home due to conflict of interest.
2.  A staff member of a county department of social services may be certified by another county, but may not receive children placed by the county in which he/she is employed.
3.  No county department shall certify a foster home of a relative of any staff member of the Child Welfare Division or unit.  If the foster home is certified by another county department, the referring county department may place children in the foster home upon written agreement of the two county department directors or designee.
4.  If a relative of a staff member of the county department, who is not an employee of the county Child Welfare Division or unit, makes application to be a foster care home for the county department, then the application shall be reviewed by the county department director to determine whither a conflict of interest exists and the director shall provide written approval or denial and the justification for the decision.  The documentation shall be attached to the application.
F.  A county department may receive an application for a certificate and complete a foster home assessment for an applicant living in an adjacent county only after the county director of the adjacent county or his/her designee gives approval for the other county department to complete the assessment and issue the certificate.  County departments may only certify a foster home in a nonadjacent county with the written permission of both county directors or designees.
G.  The county department of human/social services shall require verification of an individual’s lawful presence in the United States, as provided in general eligibility requirements as found in Section 3.140.11 (9 CCR 2503-1), in order to approve an applications to operate a family foster home.
H.  A county department of social services shall not accept an application to operate a family foster home from an individual who is currently certified by a child placement agency to operate a family care home until that individual has terminated the certification by the child placement agency.
I.  An applicant for certification as a foster care home shall provide the child placement agency or the county department of social services from whom the certification is sought with a list of all the prior child placement agencies and county departments of social services that had previously certified the applicant.  In addition, the applicant shall sign a release of information form.  A child placement agency or county department of social services from whom the certification is sought shall conduct a reference check of the applicant by contacting all of the child placement agencies and county departments of social services identified by the applicant before issuing the certification for that foster care home.
J.  No director or staff member of a county department shall recruit foster homes currently certified by another county department or child placement agency.
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[Instructions:  replace lines 1012151 through 1012158.]
7.500.351  Applications and Adoption Services [Rev. eff. 8/1/06]
A.  Recruiting and Inquiries
1.  The county department recruits adoptive homes for waiting children. The county shall make reasonable efforts to recruit families of the same ethnic, cultural and racial background as the children waiting adoption.
2.  The county department provides information about adoption services within the county department and services available through other adoption agencies and organizations. Requests for studies for children from private sources shall be referred to private agencies.
B.  Applications
1.  The county department accepts applications for the adoption of children only from persons who meet the requirements of the Colorado statute, who have expressed an interest in the placement of the type of child who might be available at the time of the application.
2.  The applicants shall be informed that submitting an application does not guarantee that an assessment shall be performed or a child placed with them.
3.  The county notifies the adoptive parent(s) of the disposition of the application in a timely manner.
4.  The county department of human/social services shall require verification of an individual’s lawful presence in the United States, as provided in general eligibility requirements as found in Section 3.140.11  (9 CCR 2503-1), in order to approve an application for a child’s adoption.
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(12 CCR 2509-8)
[Instructions:  replace lines 1130160 through 1130174]
7.701.26  Other Definitions [Rev. eff. 8/1/06]
A.  “Affiliate of a licensee”  means any person or entity that owns more than five (5) percent of the ownership interest in the business operated by the licensee or the applicant for a license, or any person who is directly responsible for the care and welfare of children served, any executive, officer, member of the governing board, or employee of a licensee, or a relative of a licensee, which relative provides care to children at the licensee’s facility, or is otherwise involved in the management or operations of the licensee’s facility.
B.  For the purposes of all child care licensing rules, the terms "child battering", "child abuse", "child molesting", and "child neglect" are terms to be considered within the definition of abuse set forth in Section 19-1-103, C.R.S., unless otherwise indicated.
C.  The “Consumer Product Safety Commission” , as referred to in rules regulating child care facilities, means the National Commission that establishes standards for the safety of children’s equipment and furnishings and for playground safety. Information about these guidelines may be obtained from the Office of Information and Public Affairs, U.S. Consumer Product Safety Commission (CPSC), Washington, D.C. 20207. The CPSC web address is http://www.cpsc.gov. The local U.S. Consumer Product Safety Commission Office is located at 1961 Stout Street, Denver, Colorado 80294. You may contact a Senior Resident Investigator in the Denver office for information. This rule refers to the current edition of the Consumer Product Safety Commission standards, in effect when rules referencing the Commission are referenced, and does not include later amendments to or editions of the standards. The standards may be examined at any State Publications Depository Library.
D.  A “critical incident”  is a serious life safety or potential life safety incident or concern that poses a danger to the life, health, and/or well-being of a child or children at the facility or of a staff member at the facility.
E.  “Department”  is the Colorado Department of Human Services.
F.  “Facility”  is any business or operation established for the purpose of providing child care services that are required to be licensed pursuant to the Child Care Licensing Act, Section 26-6-101 et seq., C.R.S.
G.  “Final Agency Action”  means the determination made by the State Department, after opportunity for hearing to deny, suspend, revoke, or demote to probationary status a license issued pursuant to the Child Care Licensing Act or an agreement between the Department and the licensee concerning the demotion of such a license to a probationary license.
H.  “Governing body”  is the individual, partnership, corporation, or association in whom ultimate authority and legal responsibility are vested for the administration and operation of the child care facility.
I.  “Licensing specialist”  is the authorized representative of the Colorado Department of Human Services who inspects child care facilities to ensure compliance with licensing requirements and to investigate possible violations of those requirements.
J.  “Negative licensing action”  means a Final Agency Action resulting in the denial, suspension, or revocation of a license issued pursuant the Child Care Licensing Act or the demotion of such a license to a probationary license.
K.  "Citizen/legal resident" means a citizen of the United States, current legal resident of the United States, or lawfully present in the United States.
7.701.3  APPLICATION PROCESS
7.701.31  Original Application [Rev. eff. 8/1/06]
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.
B.  A licensing evaluation will occur only after the department has received the complete application and appropriate fee.