Tracking #2007-00XXX
Emergency 8/3/07, eff. 8/3/07

I:/07050901.rtf
[I:/07050901.doc]

[Note:  The Statement of Basis and Purpose has been incorporated with Tracking #20007-00649 (#07-5-22-1).] 

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(12 CCR 2509-4)

[Instructions:  Replace lines 1093611 through 1093644.] 
7.304.21  Kinship Care [Rev. eff. 8/3/07]
A.  Definition: Kinship care is the full time nurturing and protection of children by kin.  Kin are relatives or persons ascribed by the family as having a family-like relationship. These relationships take into account cultural values and continuity of significant relationships. 
B.  Kinship care shall be utilized to: 
1.  Maintain children in their families in order to provide meaningful emotional and cultural ties across the life span. 
2.  Minimize the trauma of out-of-home placement. 
3.  Support and strengthen families' ability to protect their children and to provide permanency. 
C.  Kinship care services when the county department has not assumed legal authority for placement or taken legal custody: 
When a child meets target group eligibility and his/her parent(s) do not pose an ongoing threat to the child, the county department shall: 
1.  Enable the family to make voluntary arrangements for temporary custody or guardianship by kin. 
2.  For children who meet the out-of-home eligibility criteria, the county department shall provide parents and kin caring for the child in-home family preservation services to ensure the child's safety, well-being, and smooth transition back to the parent's home. When return to parent's home is not a viable option, family preservation service to kin shall be used to help to provide permanency for the child.  The child may receive such in-home services without court involvement. 
3.  It is not required that the county department complete the kinship care or foster care certification process in these cases. A family assessment using the Department's modified Structured Analysis Family Evaluation (SAFE) for uncertified kinship families to determine the character and suitability of the family, appropriateness of the home and child care practices may be completed. 
4.  The county department is not required to provide legal representation to kinship families. 
5.  These kinship providers are eligible for all forms of support listed in Section 7.304.21, D, 3, except certified foster care payments. 
6.  Complete a background check in all cases for each adult (18 years and older) living the home for the following: 
a.  Child abuse/neglect records in every state where the adult has resided in the five years preceding the date of application; and, 
b.  Fingerprint-based criminal history checks from the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI), which shall be initiated by the county department the next working day following the placement of a child, except when the placement is completed in compliance with Section 19-3-406, C.R.S. (see Section 7.304.21, D, 2, f, on emergency placement). 
D.  Kinship care services when the county department has assumed legal authority for placement or taken legal custody: 
1.  Eligible Populations:  The child shall meet the following criteria for placement in kinship care through the child welfare system: 
a.  Program Area 4, 5, or 6 target groups and out-of-home placement criteria. 
b.  Legal authority for placement as defined in Section 7.304.51 and the Children's Code through a court order, a Dependency and Neglect or Delinquency action, emergency removal by law enforcement, or a voluntary placement, followed within 90 calendar days by a Petition for Review of Need for Placement (PRNP). 
c.  In the decision making process, funding and support options which encourage kinship care as a form of family preservation rather than a placement service shall be of primary consideration. However, if the kinship caregiver(s) meets all of the standards for family foster home certification, they may choose to be certified as a family foster home.  Kinship providers for Title IV-E eligible children are entitled to the same level of reimbursement as non-related providers. Kinship caregivers may elect to receive no payment.  Other funding and support services, including in-kind or concrete services, can be put into place as mutually agreed upon with the provider. 
d.  Kinship care providers shall be advised of all support options available to them through the county department. 
2.  Placement With Kinship Care Providers: 
a.  When out-of-home placement is necessary, the county department shall determine whether there are available and willing kin to provide for the child. 
b.  Parent(s) shall be included as part of the planning process placement with kin unless there are documented reasons for their unavailability to participate. 
c.  If kin are available and willing, the county department shall assess the suitability of kin in accordance with the foster care certification requirements found at Sections 7.500 and 7.708. 
d.  If the parent(s) do not agree to a specific kinship placement, the county department shall request court ordered assessment for possible placement with kin, identify other kinship placement possibilities, and/or revisit possible kinship placement at a later time if out-of-home placement continues to be necessary. If the assessment is favorable, and the parent(s) still object to the kinship placement, the county department may request that the court order the kinship placement. 
e.  When removal from parents or guardians occurs on an emergency basis, children may be placed with kinship providers who may be provisionally certified as a kinship family foster care home in accordance with Section 7.500.311, C and D, or the certifying authority may allow the child to visit on an emergency visitation basis. 
For emergency visitation: 
1)  The kinship foster home assessment shall begin as soon as possible and kinship foster care certification requirements shall be completed within 60 calendar days; 
2)  The family must sign the State prescribed forms. 
3)  The county department shall complete a background check for each adult (18 years and older) living in the home for the following: 
a)  Child abuse/neglect records in every state where the adult has resided in the five years preceding the date of application; and, 
b)  Fingerprint-based criminal history checks from the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI) shall be initiated the next working day, except for emergency placements, which are completed in compliance with Section 19-3-406, C.R.S. (see Section 7.304.21, D, 2, f, on emergency placement. 
f.  For the emergency placement with a relative or other available person that is identified and a potential and willing emergency placement for a child pursuant to Section 19-3-406, C.R.S.:  when the county department elects to collaborate with local law enforcement agency to perform initial criminal history record checks, in cases of dependency and neglect where temporary custody by a law enforcement officer occurs and any time the court places temporary custody of a child with a county, the following steps are required in all cases: 
1)  Prior to the placement of a child in the home, the county department shall contact local law enforcement to conduct an initial name-based state and federal criminal history record check. The results of the criminal record check shall be provided verbally to the county department. 
2)  The child may not be placed in the home if the criminal history record check reflects one or more convictions of the criminal offenses listed in Subsection 7, below. 
3)  A relative or other available person who is not disqualified as an emergency placement and who authorizes the child to be placed in the home shall report to the local law enforcement agency for the purpose of obtaining fingerprints within five calendar days after the child is placed in the person's home or no later than fifteen calendar days when urgent circumstances exist. The cost of the fingerprints is the responsibility of the relative or other available person. 
4)  The county department shall contact the local law enforcement agency to assure the potential provider reported for the purpose of obtaining fingerprints within the specified timeframe. If the potential provider does not report, then the child shall be immediately removed from the physical custody of the person by the county department or local law enforcement officer. 
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(12 CCR 2509-6)

[Instructions:  Replace line 1201169.] 
7.500.2  ASSESSMENT OF FOSTER HOME AND ADOPTIVE HOME [Rev. eff. 8/3/07]
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[Instructions:  Replace lines 1201202 through 1201233.] 
B.  State Department's Automated System, Colorado Bureau of Investigation (CBI), Federal Bureau of Investigation (FBI), and ICON
1.  Prior to full certification of a family foster home, there shall be a review and documentation in the provider record of: 
a.  Complete a background check for each adult living in the home for the following: 
1)  Child abuse/neglect records check in every state where the adult has resided in the five (5) years preceding the date of application for each adult (18 years and older) living in the home. 
2)  A fingerprint-based criminal history check; and, 
3)  A comparison search on the State's contracted system, ICON, using the name and date of birth with available criminal history information for each adult eighteen (18) years and older living in the home. The purpose is to determine any crime(s) for which an applicant or other adult residing in the home was arrested or convicted and the disposition. This search must be completed regardless of whether the CBI and FBI fingerprint history confirms or does not confirm a criminal history. 
b.  Written statements from references;
c.  Health information;
d.  The review of existing agency case records, including the automated system, for prior foster home certifications or denials; and,
e.  Investigations of any concerns raised from the application and/or aforementioned sources of information.
f.  The results of the face-to-face interview on all members of the household.
2.  Federal Bureau of Investigation (FBI) fingerprint-based criminal history background checks shall be initiated for all prospective adoptive parents and each adult eighteen (18) years and older living in the home. The FBI reports shall be sent directly to the county department submitting the request for information. 
3.  All CBI and FBI fingerprint-based criminal record reports, including court dispositions, if applicable, and results from the five-year child abuse/neglect background checks shall remain confidential in the county department records, except as provided in Section 7.500.2, C, 3.
C.   Other Requirements
1.  Assessment of the applicant(s)' ability to foster or adopt a child of a different ethnic and cultural background, preserving continuity of the child's ethnic and cultural identity in a positive manner. Factors should include, but are not limited to, consideration of the child's family, community, neighborhood, faith or religious beliefs, school activities, friends, and child's and family's primary language. Documentation of the assessment of this requirement shall be in the case file.
2.  The application for adoption or foster care shall be denied for reasons listed in Section 7.500.312, D, and may be denied for reasons listed in Section 7.500.312, E. If the applicant has ever been rejected as a prospective adoptive or foster parent or has been the subject of an unfavorable finding, the home study must address the reasons for the unfavorable finding and any resolution of disagreements concerning the finding.
3.  For the purposes of conducting an adoptive home study, the county department, qualified individual, and child placement agencies shall be required to report to the court the results of a fingerprint-based criminal history records check when it reveals that the prospective adoptive parent was convicted of a felony or misdemeanor of: 
a.  Child abuse or neglect;
b.  Spousal abuse;
c.  Any crime against a child, including child pornography;
d.  Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as specified in Section 18-6-800.3, C.R.S.;
e.  Violation of a protective order, as described in Section 18-6-803.5, C.R.S.;
f.  Any crime involving violence, rape, sexual assault, or homicide;
g.  Any felony drug-related conviction within, at a minimum, the past five (5) years.
No person convicted of a felony offense as specified in items a-g, above, shall be allowed to adopt a child.
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[Instructions:  Replace lines 1011985 through 1012009.] 
7.500.311  Training and Foster Home Assessment [Rev. eff. 8/3/07]
A.  Prior to certification, the county shall complete the single assessment of foster and adoptive homes as outlined in Section 7.500.2.
B.  Training, Colorado Bureau of Investigation (CBI), Federal Bureau of Investigation (FBI), and Five-Year Child Abuse and Neglect Records Check Requirements
1.  Prior to the placement of a child, initial training shall be provided through the statewide core curriculum, county department, or CPA.
a.  Each applicant shall complete twelve hours of core training. Core training shall include, at a minimum, the following ten primary topic areas:
1)  General overview of foster care
2)  Administrative and legal issues
3)  Why children get placed in out-of-home care
4)  Parenting and family dynamics
5)  Key concepts of child growth and development
6)  Importance of the team approach
7)  Individual differences, such as ethnicity and culture
8)  Discipline
9)  Effects of fostering on the foster family
10)  Working with the biological family
b.  In addition to twenty-seven hours of pre-certification training, which includes twelve hours of core training, each foster parent must be certified in First Aid or the equivalent, and CPR for the ages of the children in placement. 
c.  Complete a background check for each adult eighteen (18) years and older living in the home for the following: 
1)  Child abuse/neglect records in every state where the adult has resided in the five years preceding the date of application; and, 
2)  Fingerprint-based criminal history checks from the CBI and the FBI.
2.  Ongoing Training
a.  Each applicant shall have 20 hours of ongoing training every year. The training shall be relevant to fostering of children.
b.  If there are children in the home and training is not completed, no additional children shall be placed until training is complete. Children who are currently in placement shall not be disrupted due to this requirement.
C.  Exceptions to the Training and CBI, FBI, and Five-Year Child Abuse and Neglect Records Check Requirements
An exception to the above rules may be made for emergency “child specific”  placements.  These are defined as placements where the child has a prior relationship to the applicant.
1.  The applicant may have 60 calendar days from the date of application to complete the above training.
2.  In the event of an emergency child specific placement in a previously uncertified home, prior to or at the time of the placement the county shall receive the completed Original Application to Care for Children. In addition, the county and the applicant shall review and sign the CWS-7A form, Individual Provider Contract for Purchase of Foster Care Services, and Foster Care Facility Agreement.
D.  If a provisional certificate is to be issued because a “child specific” emergency placement is required in a previously uncertified home, prior to or at the time of the placement the county shall receive the completed Original Application to Care for Children, and the county and the applicant shall review and sign the CWS-7A, Individual Provider Contract of Purchase of Foster Care Services and Foster Care Facility Agreement, and submit fingerprints and current processing fee to the Colorado Bureau of Investigation.
The following shall be initiated by the county department the next working day following an emergency "child specific" placement of a child. Complete a background check for each adult (18 years and older) living in the home for the following: 
1.  Child abuse/neglect records in every state where the adult has resided in the five years preceding the date of application; and, 
2.  Fingerprint-based criminal history checks from the CBI and the FBI except those placements which are completed in compliance with Section 19-3-406, C.R.S. (7.304.21, D, 2, f). 
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(12 CCR 2509-8)

[Instructions:  Replace lines 1379410 through 1130233.] 
7.701.32  Use of Records and Reports of Child Abuse or Neglect for Background and Employment Inquiries [Rev. eff. 8/3/07]
A request to determine whether any owner, applicant, employee, licensee or resident of a licensed facility, or any supervisory employee of a guest care facility, or an exempt family child care home provider and each adult eighteen (18) years of age or older residing in the home (also known as a qualified adult) receiving or applying to receive Colorado Child Care Assistance moneys was found to be responsible in a confirmed report of child abuse or neglect reported to the State Department's automated system shall be directed to and be the responsibility of the State Department. 
A.  Certified Foster Homes must also obtain a child abuse or neglect records check for each adult eighteen (18) years of age or older living in the home in every state where the adult has resided in the five years previous to the date of application. 
B.  An inquiry is not necessary regarding out of state employees of a children’s resident camp or school-age child care center for a camp or center that is in operation for fewer than ninety (90) calendar days; 
C.  The request must be made within ten (10) calendar days of the first day of employment for each employee or facility on the State prescribed form, accompanied by the required fee paid by check or money order (for fee assessment see section 7.000.73).
D.  The request must be accompanied by the individual’s written authorization to obtain such information from the State automated system, if applicable.
E.  The State Department will inform the requesting party in writing of whether the individual has been confirmed to be responsible for an incident of child abuse or neglect.
1.  If the result of the inquiry is that the individual has been confirmed as responsible for an incident of child abuse or neglect, the State Department shall provide the requesting party with information regarding the date of the reported incident, the type of abuse or neglect with the severity level, and the county department that confirmed the report.
2.  If the result of the inquiry is that the individual has not been confirmed to be responsible for an incident of child abuse or neglect, the State Department shall notify the requesting party of this fact.
F.  The information provided by the State Department shall serve only as the basis for further investigation. The director or operator may inform an applicant or employee that the report from the State Department’s automated system was a factor in the director or operator's decision with regard to the applicant or employee's employment.
G.  Any person who willfully permits or who encourages the release of data or information related to child abuse or neglect contained in the State Department’s automated database to persons not permitted access to such information commits a Class 1 misdemeanor and shall be punished as provided in Section 18-1.3-501, C.R.S.
7.701.33  Criminal Record Check [Rev. eff. 8/3/07]
A.  Criminal records checks are required for: 
1.  Each applicant for an original license for a center, facility, or agency and any adult eighteen (18) years of age or older who resides in the licensed or exempt family child care home provider and each adult eighteen years of age or older (also known as a qualified adult) receiving or applying to receive Colorado Child Care Assistance moneys must submit to the Colorado Bureau of Investigation (CBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI if they have lived in Colorado more than two (2) years and any criminal record held by the Federal Bureau of Investigation (FBI) if they have lived in Colorado for less than two (2) years. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the home, center, facility, or agency. 
2.  Each applicant for an original certificate for a foster care home, and any adult eighteen (18) years of age or older who resides in the certified foster care home, must submit to the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI or FBI. Payment of the fee for the criminal record check is the responsibility of the individual being checked. If the certified foster home has not competed a check with the FBI at the time of renewal, each applicant for a foster care home, and any adult eighteen (18) years of age or older who resides in the certified home must submit a complete set of fingerprints for an FBI criminal record check. 
B.  Only in the case of a children’s resident camp or school-age child care center, out-of-state persons employed in a temporary capacity for less than ninety (90) days are not required to be fingerprinted to obtain a criminal record check. Each person exempted from fingerprinting and being checked with the State Department's automated system must sign a statement which affirmatively states that she/he has not been convicted of any charge of child abuse or neglect, unlawful sexual offense, or any felony.
Prospective employers of such exempted persons shall conduct reference checks of the prospective employees in order to verify previous work history and shall conduct personal interviews with each such prospective employee.
C.  At the time the annual declaration of compliance is submitted to the department, a criminal record check is required only for adults living at the licensed facility who have not previously obtained one. Because the Colorado Bureau of Investigation (CBI) provides the Department with ongoing notification of arrests, owners, applicants, licensees, and persons who live in the licensed facility who have previously obtained a criminal record check are not required to obtain additional criminal record checks.
D.  Each owner, employee, who is eighteen (18) years of age or older, and newly hired employee who is eighteen (18) years of age or older, of a facility or agency must submit to CBI a complete set of fingerprints to obtain any criminal record held by the CBI. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the facility or agency. The results of the criminal record check must be maintained at the home, center, facility, or agency and must be available for review upon request by a licensing specialist.
1.  Employees and volunteers who are transferring from one child care facility to another may have their fingerprints transferred if they complete the following process: 
a.  New employees must obtain their CBI clearance letter or a photocopy of their processed fingerprint card from their former employer or school district. They must attach it to a new fingerprint card, the top portion of which they have completed with new fingerprints taken. The new fingerprint card must include the new employer's address and the new employer's license I.D. number in the box labeled MNU. "Transfer - Child Care" must be inserted in the "Reason Fingerprinted" block. The CBI clearance letter (or photocopy of the old fingerprint card) and the new fingerprint card must be sent with a $2 money order payable to CBI to: Colorado Bureau of Investigation, 690 Kipling St., Ste. 3000, Denver, CO 80215. Those facilities that have accounts with CBI are not required to send the $2 money order; instead, they shall enter their CBI account number in the OCA block of the new fingerprint card.
b.  New employees who cannot obtain the CBI clearance letter or photocopy of the processed fingerprint card from their former employer must have their fingerprints retaken and follow the process detailed in Section 7.701.33, D, 1, a.
c.  When an individual leaves employment, the facility must submit to CBI a completed Notification of Name Removal form to request the removal of the individual's name from their facility license number in the CBI database.
d.  School district employees who currently work at a child care facility must have their criminal history report linked to the license number of the child care facility. 
2.  Licensees must send a copy of an employee's or a resident's criminal record check to his/her new employer upon written request from that employer.
3.  Any adult volunteer, working as a staff member to meet the required staff child ratio or staff qualifications, who works 14 days or more in a calendar year, must submit to CBI a complete set of fingerprints taken by a qualified law enforcement agency to obtain a criminal record check. The results of the criminal record check must be maintained at the facility or agency and must be available for inspection by a licensing specialist.
4.  Requests for a criminal record check must be submitted to the CBI within 5 working days of the day that the individual begins to work at the facility or agency.
5.  For the purposes of these rules, "convicted" means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere .
6.  Facilities and agencies that hire individuals who have been convicted of any felony, except those listed in a-f below, unlawful sexual behavior, or any misdemeanor, the underlying factual basis of which has been found by the court on record to include an act of domestic violence must inform the department of that hiring within 15 calendar days of receiving knowledge of the conviction.
7.  A child care facility shall not employ, or a child placement agency shall not employ or certify, an individual who has been convicted of:
a.  Child abuse, as specified in Section 18-6-401, C.R.S.
b.  A crime of violence, as defined in Section 18-1.3-406, C.R.S.
c.  Any felony offenses involving unlawful sexual behavior, as defined in Section 16-22-102(9), C.R.S.
d.  Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in Section 18-6-800.3, C.R.S.
e.  Any felony involving physical assault, battery, or a drug-related/alcohol-related offense within the five years preceding the date of application for a license or certificate;
f.  Has shown a pattern of misdemeanor convictions within the ten (10) years immediately preceding submission of the application.  "Pattern of misdemeanor" shall include consideration of Section 26-6-108(2), C.R.S., regarding suspension, revocation and denial of a license, and shall be defined as:
1)  Three (3) or more convictions of 3rd degree assault as described in Section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in Section 18-6-800.3, C.R.S.; or,
2)  Five (5) misdemeanor convictions of any type, with at least two (2) convictions of 3rd degree assault as described in Section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in Section 18-6-800.3, C.R.S.; or,
3)  Seven (7) misdemeanor convictions of any type.
g.  Any offense in any other state, the elements of which are substantially similar to the elements listed in a-e above; or,
8.  No license or certificate to operate any agency or facility shall be issued by the Department, a county department, or a licensed Child Placement Agency if the person applying for such license or certificate or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant of the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter, pursuant to Part 3 or Part 4 of Article 14 of Title 15, C.R.S. or Section    27-10-109(4)    or 27-10-125, C.R.S., an order 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.
E.  Any individual who is obtaining a criminal record check and who has lived in Colorado for 24 or fewer months must request that the CBI obtain a criminal record check from the Federal Bureau of Investigation (FBI). 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. 
F.  The Department may deny, revoke, suspend, change to probationary or fine a child care facility or child placement agency if the applicant(s), an affiliate of the applicant, or any person living with or employed by the applicant has:
1.  Been convicted in Colorado or in any other state of any felony, or has entered into a deferred judgment agreement or a deferred prosecution agreement in Colorado or in any other state to any felony other than those offenses specified in Section 26-6-104(7), C.R.S., or child abuse, as specified in Section 18-6-401, C.R.S., the record of conviction being conclusive evidence thereof, notwithstanding Section 24-5-101, C.R.S.; or,
2.  Been convicted of third degree assault, as described in Section 18-3-204, C.R.S., any misdemeanor, the underlying factual basis of which has been found by the court on any record to include an act of domestic violence, as defined in Section 18-6-800.3, C.R.S., any misdemeanor violation of a restraining order, as described in Section 18-6-803.5, C.R.S., any misdemeanor offense of child abuse as defined in Section 18-6-401, C.R.S., or any misdemeanor offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in this paragraph; or,
3.  Used any controlled substance as defined in Section 12-22-303(7), C.R.S. or consumed any alcoholic beverage or been under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility; or,
4.  Been convicted of unlawful use of a controlled substance as specified in Section 18-18-404, C.R.S., unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance as specified in Section 18-18-405, C.R.S., or unlawful offenses relating to marijuana or marijuana concentrate as specified in Section 18-18-406, C.R.S.; or,
5.  Consistently failed to maintain standards prescribed and published by the Colorado Department of Human Services; or,
6.  Furnished or made any misleading or any false statement or report to the Colorado Department of Human Services; or,
7.  Refused to submit to the Colorado Department of Human Services any reports, or refused to make available to the Department any records required by it in making investigation of the facility for licensing purposes; or,
8.  Failed or refused to submit to an investigation or inspection by the Colorado Department of Human Services or to admit authorized representatives of the Department at any reasonable time for the purpose of investigation or inspection; or,
9.  Failed to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care pursuant to standards prescribed by the Colorado Department of Public Health and Environment and the Colorado Department of Human Services or by ordinances of regulations applicable to the location of the foster care home; or,
10.  Willfully or deliberately violated any of the provisions of the Child Care Licensing Act; or,
11.  Failed to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provision for personal care, medical services, clothing, and other essentials in the proper care of children; or,
12.  Been charged with the commission of an act of child abuse or an unlawful sexual offense, as specified in Section 18-3-411(1), C.R.S., if:
a.  Such individual has admitted committing the act or offense and the admission is documented or uncontroverted; or,
b.  An Administrative Law Judge finds that such charge is supported by substantial evidence; or,
13.  Admitted to an act of child abuse or if substantial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensed in the foster home has committed an act of child abuse, as defined at Section 19-1-103(1), C.R.S.; or,
14.  Been the subject of a negative licensing action. 
15.  Misuse any public funds that are provided to any foster care home or any child placement agency that places, or arranges for placement of a child in foster care for the purposes of providing foster care services, child placement services related to the provision of foster care, or any administrative costs related to the provision of such foster care services or such foster-care-related child placement services. 
G.  The Department may deny an application for a child care facility license or a child placement agency license if the applicant is a relative affiliate of a licensee, as described in Section 26-6-102(1)(d), C.R.S., of a child care facility or child placement agency, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the Department that may result in a negative licensing action.
H.  For all CBI fingerprint checks required in this Section 7.701.33, including those confirming a criminal history as well as those confirming no criminal history, the Department will conduct a comparison search on the State Judicial Department’s ICON system. The ICON search, based on name, date of birth, and any other available criminal history data that the Department deems appropriate, is used to determine the type of crime(s) for which a person was arrested or convicted and the disposition thereof.

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[Instructions:  Replace lines 1133002 through 1133026.] 
7.710.56  Assessment of the Adoptive Family and Report [Rev. eff. 8/3/07]
A.  Any individual, couple or family who desires to be considered to have a child placed for the purpose of adoption must participate in a family assessment regarding their suitability, appropriateness, and readiness for an adoptive placement.
B.  An agency must complete the assessment without regard to race, color, or national origin.
C.  The agency must include in the assessment all members of the household.
D.  The agency shall not conduct an assessment for any paid or volunteer member of its staff or any member of the board of directors for the agency.
E.  As part of the assessment, the agency must conduct a minimum of three joint interviews with a couple, one individual interview with each adult member in the household and an age/developmentally appropriate interview with all children residing in the home. For single applicants a minimum of three interviews will be required.
F.  The agency must conduct at least one interview in the applicant's home.
G.  Interviews must be spread out over a period of not less than 7 consecutive days. Joint interviews must be held on separate days.
H.  The assessment shall be updated annually in the form of an addendum. An addendum shall include at least one home visit and a review of the current medical status. During each subsequent addendum applicants shall be questioned regarding any child abuse investigations during the previous year.
I.  In each addendum the agency must document any changes in residence, marital status, criminal history, finances, or addition or deletion of family members.
J.  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, including court disposition if applicable, and a child abuse or neglect records check for each adult eighteen (18) years of age or older residing in the home in every state where the adult has resided in the five years preceding the date of the application to adopt.
The agency shall report to the court any case in which a fingerprint-based criminal history record check reveals that the prospective adoptive parent was convicted at any time of a felony or misdemeanor in one of the following areas:
a.  Child abuse or neglect;
b.  Spousal abuse;
c.  Any crime against a child;
d.  Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in Section 18-6-800.3, C.R.S.;
e.  Violation of a protective order, as described in Section 18-6-803.5, C.R.S.;
f.  Any crime involving violence, rape, sexual assault, or homicide;
g.  Any felony physical assault or battery conviction or felony drug-related conviction within, at a minimum, the past five years.
No person convicted of a felony offense, specified in items a-g, above, shall be allowed to adopt a child.
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