Tracking #2010-00xxx
Emergency adoption 8/6/10, eff. 8/6/10

I:/10060201.rtf 
[I:/10060201.doc] 

(12 CCR 2509-4)

[Instructions:  insert before line 1585539.] 
Revisions to Sections 7.311.1, 7.311.2, 7.311.5, 7.311.6-7.311.61, 7.311.72, 7.311.82, and 7.311.91 were adopted on an emergency basis at the 8/6/2010 State Board meeting (Rule-making# 10-6-2-1), with an effective date of 8/6/2010. 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, Division of Boards and Commissions, State Board Administration.

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[Instructions:  replace lines 1860715 through 1860733.] 
7.311.1  ELIGIBILITY REQUIREMENTS [Rev. eff. 8/6/10]
Eligibility requirements for the prospective relative guardian and youth and/or child must be documented in the Family Services Plan in the State automated system and are as follows: 
A.  The prospective guardian is a relative through the fifth (5th) degree of kinship; and,
B.  The most recent removal occurred through a court order, or a voluntary placement agreement and subsequent court order for authority for placement that includes a judicial determination that continuation in the home would be contrary to the welfare of the youth or child; and,
C.  The prospective relative guardian was the certified kinship family foster care parent for the youth or child for a minimum of six (6) consecutive months while the youth or child resided in the home, excluding breaks in full certification due to provisional or probationary certificates being issued, or other adverse action taken regarding the certificate; and,
D.  Reunification and adoption are not appropriate permanency goal options for the youth or child; and,
E.  The youth or child demonstrates a strong attachment to the relative; and,
F.  Youth who are age twelve (12) or older are consulted about their expressed wishes to be placed in a relative guardianship (refer to Section 7.311.2, A); and,
G.  The prospective relative guardian has a strong commitment to caring for the youth or child permanently; and,
H.  The reason why permanent placement with a prospective relative guardian and receipt of a relative guardian assistance payment is in the best interests of the youth or child.
7.311.2  COUNTY DEPARTMENT RESPONSIBILITIES [Rev eff. 8/6/10]
The county department shall assess and demonstrate the appropriateness of the youth or child for the Relative Guardianship Assistance Program. 
Documentation in the Family Services Plan in the State automated system shall include: 
A.  Efforts to discuss adoption with the relative family foster care parent as the more permanent option for the youth or child and the reasons that the prospective relative guardian is unwilling to adopt. The goal of the discussion shall be to assure that the prospective guardian makes a fully informed decision regarding the permanency options that are available. The discussion shall include, but not be limited to, the following areas:
1.  The legal differences between termination of parental rights for adoption and the transfer of guardianship;
2.  The relationship with the birth or custodial family; and,
3.  Visitation with the birth or custodial family and sibling as outlined in Section 7.311.21, B. 
B.  The prospective relative guardian understands the significance of permanency through guardianship and the importance in continuing to be a permanent family after the youth or child exits the relative guardianship assistance program.
C.  Efforts to discuss the relative guardianship assistance arrangement with the parents or legal custodians of the youth or child, and if it was not discussed with the parents, provide the reasons why the efforts were not made.
D.  If relinquishment or termination of parental rights occurred for the youth or child, how the requirements in Section 7.306 are met to assure that concerted efforts to achieve adoption were made and documented. When the goal of adoption is ruled out, the requirements in Section 7.306.14, B, 2 (Colorado Adoption Resource Registry) shall be met. 

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[Instructions:  replace line 1860752.] 
7.311.5  RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM SERVICES [Rev. eff. 8/6/10]

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[Instructions:  replace lines 1860763 through 1860780.] 

[Editorial note: subsection B] 
7.  The county department may authorize the following types of relative guardianship assistance agreements:
a.  A “long-term relative guardianship assistance agreement”  is intended to partially meet the daily needs of a youth or child indefinitely. A long-term agreement is made when the relative guardian’s financial situation is a barrier to achievement of relative guardianship and where it is unlikely to change. It may also occur when the needs of the youth or child creates an excessive hardship on the relative guardian’s financial and emotional resources. This type of monthly payment may continue until the circumstances change for the youth, child or the relative guardian, or the agreement terminates as outlined in the relative guardianship assistance agreement.
b.  A “time-limited relative guardianship assistance agreement”  is intended to partially meet the daily needs of the youth or child for a specified period. Funds may be used for start-up costs for items that the youth or child placed in relative guardianship may not have, such as sufficient clothing. The agreement partially covers unmet needs that are time-limited and non-renewable.
c.  A “core” relative guardianship assistance agreement (Title IV-E only) means there is a minimum monthly assistance payment of at least ten dollars ($10) and Medicaid provided. County departments shall document any specific needs that may occur in the future for the youth or child in the services record and in the State Department’s automated system. The agreement identifies a potential need for increased financial relative guardianship assistance that may be activated at a future time. 
d.  A “dormant relative guardianship assistance agreement” (non-Title IV-E only) means there is no relative assistance payment provided. County departments shall document any specific needs that may occur in the future for the youth or child in the services record and in the State automated system. The agreement identifies a potential need for financial relative guardianship assistance that may be activated at a future time. Medicaid benefits may be accessed (refer to Section 7.311.62, B). 
8.  If the youth or child is reunited with the parent(s), previous legal custodian, or is adopted, eligibility for relative guardianship assistance is terminated.
9.  A relative guardian who meets the criteria for relative guardianship assistance are eligible for non-recurring relative guardianship assistance expenses.
10.  The contact requirements in Section 7.001.6 shall be met prior to court appointment of relative guardianship. The contacts shall be documented in the State Department’s automated system.
11.  Case services payments may be part of the relative guardianship assistance agreement; these payments may be made directly to the providers of service or to the appointed relative guardian.
C.  Applicable Groups for Relative Guardianship Assistance
1.  Youth or children who are in the custody of the county department.
2.  The county department requesting the assistance agreement is financially responsible for the care of the child.
D.  County department requirements for relative guardianship assistance
1.  While the relative guardianship assistance agreement is in effect, a combined record for each youth or child and the relative guardian shall be maintained.
A combined record shall contain documentation about each youth or child and the relative guardian, which is relevant to the guardianship assistance agreement including, but not limited to, application, Structured Analysis Family Evaluation (SAFE) home study and applicable update(s) related to the relative guardianship, medical records, placement history, specific needs requiring purchase of services, confirmation of second opinions of professionals outside of the county department (licensed social worker, doctor, psychologist, or mental health specialist), annual school reports, and other applicable reports or evaluations.
2.  The county department shall determine the eligibility of the youth or child for relative guardianship assistance on the State Department’s prescribed form no later than one calendar month prior to the court appointment of the relative guardianship.
3.  The county department shall review the information on the State Department’s prescribed form with the relative guardian. All parties shall date, sign, and initial the document before the court appoints the relative guardian.
4.  The county department shall enter the legal relative guardianship information for each youth or child into the State Department’s automated system within thirty (30) calendar days following the date that the court appoints the relative guardian.
5.  The relative guardian shall be informed in writing of the right to a fair hearing.

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[Instructions:  replace line 1860783.] 
7.311.6  RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT SERVICES [Rev. eff. 8/6/10] 
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[Instructions:  replace lines 1860791 through 1860814.] 
H.  Relative guardianship assistance services may be provided for youth and children who meet the requirements, and:
1.  The payment may not exceed the foster care reimbursement.
2.  A binding relative guardianship assistance agreement shall be negotiated and a copy provided to the relative guardian.
3.  The relative guardian may renegotiate the agreement if the needs of the youth or child change, or the circumstances of the relative guardian change. 
I.  The amount of the assistance agreement and the manner that the payments will be provided shall be documented on the State prescribed forms. 
7.311.61  Title IV-E Relative Guardianship Assistance [Rev. eff. 8/6/10]
A.  Title IV-E relative guardianship assistance services may be provided to a youth or child who meets eligibility criteria, and: 
1.  For whom the most recent removal occurred through a court order or a voluntary placement agreement and subsequent court order for authority for placement that includes a judicial determination that continuation in the home would be contrary to the welfare of the youth or child; 
2.  Was eligible for foster care payments while residing for at least six (6) months in the home of the fully certified prospective relative guardian, and received at least one payment; or,
B.  When a relative guardianship is dissolved, the youth or child and the subsequent relative guardian must meet all relative guardianship assistance program eligibility requirements, including: 
1.  A new determination regarding the continuing needs of the youth or child; and, 
2.  Completion of a new relative guardianship assistance agreement with the new relative guardian; and/or,
3.  If the previous relative guardian is deceased, a copy of the death certificate must be provided.
C.  After a youth or child has been determined eligible for Title IV-E relative guardianship assistance payments and/or Title IV-E Medicaid benefits, Title IV-E eligibility continues while there is a relative guardianship assistance agreement in effect; and,
1.  Eligibility continues as long as the youth or child meets the requirements regardless of the relative guardian’s state of residence.
2.  Title IV-E relative guardianship assistance benefits and/or Title IV-E Medicaid benefits must continue until the expiration of the original agreement unless all parties to the agreement are in concurrence. This includes, but is not limited to, a situation where the relative guardian fails to complete and return paperwork related to the three-year review of the assistance agreement.
D.  Eligibility Determination for Medicaid in Title IV-E Relative Guardianship Assistance
1.  A youth or child who is eligible to receive a Title IV-E payment is categorically eligible for Medicaid. A relative guardianship assistance payment is not required to extend Medicaid coverage. 
2.  Medicaid eligibility shall continue for Title IV-E eligible youth and children who are out of the home for more than thirty calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State Department’s prescribed form (see county responsibility, Section 7.402.2).
3.  Medicaid eligibility for the youth or child shall be re-determined annually only if the youth or child continues to be eligible for Medicaid. This can be done by completing the State Department’s prescribed form or completing a form letter that the children continue to be eligible for Medicaid. This form letter shall be sent to other states by the county department to ensure continuation of Medicaid for a child who is residing out of state. 

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[Instructions:  replace lines 1860906 through 1860916.] 
7.311.72  Non-Recurring Relative Guardianship Expenses [Rev. eff. 8/6/10]
A.  The relative guardian shall be reimbursed for the total costs of non-recurring expenses associated with obtaining relative guardianship, not to exceed $2,000 per youth or child in order to facilitate achievement of the guardianship for: 
1.  Legal fees,
2.  Fees for relative guardianship, or
3.  Other expenses related to the relative guardianship of the youth or child, such as the cost of the SAFE home study and a SAFE update related to the prospective relative guardianship completed by the county department. 
B.  The county department shall determine if the reimbursements requested by the prospective relative guardian are non-recurring expenses. 
C.  Documentation for non-recurring relative guardianship expenses: 
1.  The county department shall use the State Department’s prescribed form prior to the court appointing the relative guardianship.
2.  The prospective relative guardian shall provide evidence of the needs of the youth or child.
3.  Provide an itemized statement of the expenses to be reimbursed within one (1) year from the date of the probate court appointment of the relative guardianship. 

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[Instructions:  replace lines 1860931 through 1860935.] 
7.311.82  Procedures for Relative Guardianship Assistance Payment When a Youth or Child is in Out-of-Home Care or Committed to the Division of Youth Corrections [Rev. eff. 8/6/10]
A.  Medicaid eligibility shall continue for Title IV-E eligible children who are out of the home for more than 30 calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State Prescribed form (see County Responsibility, Section 7.402.2).
B.  When a youth or child with a non-Title IV-E relative guardianship assistance agreement is placed in out-of-home care for more than thirty (30) days, the county department shall discontinue the relative guardianship assistance payment until the youth or child returns to the relative guardian’s home. This includes a commitment to the Division of Youth Corrections.
C.  When non-Title IV-E eligible youth or child resides outside of Colorado with the relative guardian who has a relative guardianship assistance agreement and the youth or child is in out-of-home placement longer than thirty (30) calendar days, the relative guardianship assistance payment and relative guardianship case services shall be discontinued. A state/county non-Title IV-E agreement may only be resumed when the child is returned home and the out-of-home placement has been discontinued on the State Department's automated system.

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[Instructions:  replace lines 1860943 through 1860945.] 
7.311.91  Reinstatement [Rev. eff. 8/6/10]
A.  Reinstatement of the original relative guardianship assistance agreement is prohibited when the relative guardian who was appointed by the court no longer has guardianship of the youth or child.
B.  Reinstatement of payments related to the needs of a youth or child that were identified at the time of the original Relative Guardianship Assistance Agreement is allowed for a: 
1.  Youth or child that is non-Title IV-E eligible. 
2.  Youth or child that is Title IV-E eligible. 

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