Tracking No. 2010-00xxx, 
Emergency 9/10/10, eff. 10/1/10

[also, Tracking No. 2010-00644 for FA/P 9/10/10, eff. 11/1/10]

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[I:/10040601.doc] 

(12 CCR 2509-1)

[Instructions:  insert both paragraphs before line 2051489.] 
Revisions to Sections 7.301.24 and 7.305.42, and addition of Sections 7.305.3 through 7.305.34, were adopted as emergency at the 9/10/2010 State Board meeting (Rule-making# 10-4-6-1), with an effective date of 10/1/2010. 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.
Revisions to Sections 7.301.24 and 7.305.42, and addition of Sections 7.305.3 through 7.305.34, were final (permanent) adoption of emergency rules at the 9/10/2010 State Board meeting (Rule-making# 10-4-6-1), with an effective date of 11/1/2010. 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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(12 CCR 2509-4)

[Instructions: replace line 1860125.] 
7.301.24  Family Service Plan Out-of-Home Placement Documentation [Rev. eff. 10/1/10]

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[Instructions: replace lines 1860146 through 1860177.] 
K.  For youth under the age of sixteen (16), a description of services and a plan for accomplishing tasks to prepare youth to be age appropriately self-sufficient, when independent living services are provided. 
L.  For youth age sixteen (16) and older, a description of services and a plan for accomplishing tasks to assist the youth in preparation for self sufficiency and independent living as early in placement as possible but no later than sixty (60) calendar days after the youth's sixteenth (16th) birthday.
M.  Reasonable efforts have been made to maintain the child in the home, or prevent or eliminate the need for removal of the child from the home, or make it possible for the child to return to the home; or when applicable, documentation of the circumstances that exist in which reasonable efforts to prevent removal or reunite the child and the family are not required (see Section 7.304.53, B, 3).
N.  The specified permanency goal for the child shall be based on the individual needs and best interests of the child. Permanency goals shall include one of the following:
●  remain home,
●  return home,
●  permanent placement with a relative through adoption,
●  permanent placement with a relative through legal guardianship or permanent custody,
●  adoption (non-relative),
●  legal guardianship/permanent custody (non-relative),
●  other planned permanent living arrangement through emancipation,
●  other planned permanent living arrangement through relative long term foster care,
●  other planned permanent living arrangement through non-relative long term foster care. 
Permanency goals shall include the projected date (month, day, and year) by which the goal is to be accomplished for each child receiving services.
1.  The initial permanency goal for the child is to return home with the following exceptions:
a.  Children whose parents are both deceased or have both voluntarily relinquished custody;
b.  Children whose parents cannot be located after a diligent search which shall begin no later than three working days following placement and shall not exceed three months;
c.  Children whose parents have been guilty of repeated and/or severe abuse or neglect of the child or the child's siblings such that termination of parental rights of both parents is appropriate; or,
d.  Children for whom it appears, after investigation, that a safe return home will not be possible even with the provision of reasonable efforts.
2.  After twelve months, the child's caseworker and supervisor shall include written justification on the Family Services Plan for continuation of the goal of return home.
3.  After eighteen months, the extraordinary circumstances which exist and the reasons which support the permanency goal of return home shall be documented in the Family Services Plan. Approval of the return home permanency goal by the caseworker, supervisor and county administrative review is documented in the case record.
4.  In concurrent planning cases the alternate permanency goal shall be documented.
5.  The permanency goal of other planned permanent living arrangement through emancipation shall only be used for youth ages sixteen to twenty-one.
6.  For a child who has been in foster care under the responsibility of the state for fifteen (15) of the last twenty-two (22) months, the county shall either file a motion for termination of parental rights no later than the end of the fifteenth (15th) month or document and submit to the court at the next review the compelling reason why it is in the child's best interest not to terminate parental rights.
O.  The steps the agency is taking to find an adoptive or other permanent living arrangement for a child for whom the permanency plan is adoption or placement in another permanent home.
P.  The permanency goal for the child would be to remain home barring case circumstances that would indicate the need for an alternative permanency goal when a teen mother and her child are placed together in the same foster home and if a case is opened on the child. The county must see the child when visiting the teen mother in the foster home.
Q.  Requirements for use of Other Planned Permanent Living Arrangement goals as follows: 
1.  The county department shall consider another planned permanent living arrangement as a permanency goal for children/youth in exceptional circumstances and who have co-occurring complex conditions that make them incapable of living in a family-like environment and therefore preclude their return home, adoption, legal guardianship or permanent custody.
2.  Use of this goal shall be approved by the county permanency review team. The following shall be submitted to the review team:
a.  A comprehensive assessment of the child/ youth's strengths and needs. If the assessment time period exceeds more than one year, a new comprehensive assessment must be conducted or a multi-disciplinary staffing (including participants with expertise in the child's needs) may substitute for the updated comprehensive assessment. In addition to updating the child/youth's strengths and needs, the updated assessment or staffing shall address the child's capacity to live within a family setting.
b.  A detailed description of efforts made to achieve permanency through the other goals and identification of the barriers to achieve them.
3.  If approved by the review team, a compelling reason why the other permanency goals are unattainable is to be documented and made available to the court at the next court review. Documentation which includes the permanency review team's reasons for approving other planned permanent living arrangement shall also be entered in the special review section of the Family Service Plan. The use of this goal must be reviewed by the county permanency review team every 12 months. The county shall request that the court, every 12 months, review the case to determine if the child remains incapable of living in a family-like environment.
4.  If this goal is not achieved through relative care, a family-like network of significant people shall be developed to provide the child/youth with a sense of belonging and with support expected to endure over a lifetime.

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[Instructions: replace line 1860454 with the following new section.] 
7.305.3  NATIONAL YOUTH IN TRANSITION DATABASE (NYTD) [Eff. 10/1/10]
There are three (3) distinct National Youth in Transition Database populations that are collected and reported in the State’s automated data system: 
A.  The served population; 
B.  The baseline, population; and, 
C.  The follow-up population.
7.305.31  Served Population [Eff. 10/1/10]
The served population consists of youth and children in out-of-home care, regardless of age, receiving independent living services that are paid for or provided by the state or county. 
The county department shall enter the following information into various fields of the State’s automated data system: 
A.  Basic Demographic Information 
1.  Date of birth; 
2.  Sex; 
3.  Race; 
4.  Hispanic/Latino ethnicity. 
B.  Youth/Child Characteristics
1.  Adjudicated delinquent; 
2.  Out-of-home status; 
3.  Federally-recognized tribe; 
4.  Educational level; 
5.  Special education. 
C.  Independent Living Services
1.  Independent living needs assessment; 
2.  Academic support; 
3.  Post-secondary educational support; 
4.  Career preparation; 
5.  Employment programs or vocational training; 
6.  Budget and financial management; 
7.  Housing education and home management training; 
8.  Health education and risk prevention;
9.  Family support and healthy marriage education;
10.  Mentoring; 
11.  Supervised independent living; 
12.  “Room and board” financial assistance; 
13.  Educational financial assistance; and, 
14.  Other financial assistance. 
7.305.32  Baseline Population [Eff. 10/1/10]
The “Baseline Population” consists of any youth who is in out-of-home placement, for even one day, and that has reached age seventeen (17) as of October 1, 2010 through September 30, 2011, and every third year thereafter. 
The county department shall assure that surveys for the “Baseline Population” are completed within forty-five (45) days of the youth turning age seventeen (17). 
7.305.33  Follow-Up Population [Eff. 10/1/10]
The “Follow-Up Population” consists of youth that reach age nineteen (19) and were in the baseline population at age seventeen (17). 
For youth open in a case and who are in the “Follow-Up Population”, the county department shall assure that the “follow-up surveys” are completed by the youth within six (6) months of the youth reaching age nineteen (19). 
7.305.34  [Eff. 10/1/10]
When a youth in either the Baseline or Follow-Up population is unable to participate, the county shall document the reason in the State’s automated system. The reasons that shall be given are: 
A.  Youth declined participation; 
B.  Parent declined on behalf of the youth; 
C.  Youth is incapacitated; 
D.  Youth is incarcerated; 
E.  Runaway/missing youth; 
F.  Unable to locate the youth; 
G.  Youth has died. 

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[Instructions: replace lines 1860468 through 1860481.] 
7.305.42  Eligibility [Rev. eff. 10/1/10]
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.  In out-of-home care under the age of 16 who have a permanency goal of other planned permanent living arrangement/long term foster care; 
2.  In out-of-home care age sixteen (16) to twenty-one (21) with permanency goals of other planned permanent living arrangement/long term foster care; 
3.  Age sixteen (16) to twenty-one (21), who meet requirements for Relative Guardianship Assistance and entered Relative Guardianship on or after age sixteen (16); 
4.  Age sixteen (16) to twenty-one (21), who meet requirements for Adoption Assistance and entered Adoption Assistance on or after age sixteen (16); 
5.  Emancipated young adults age eighteen (18) to twenty-one (21), who were in out-of-home care on their eighteenth (18th ) birthday.
C.  Have a current Family Services Plan in the State Department’s automated system. For youth who entered into a relative guardianship or adoption assistance agreement at age sixteen (16) or older, the following may be used in lieu of a Family Services Plan:
1.  The relative guardianship or adoption assistance agreement; or,
2.  An independent living plan developed on or prior to the eighteenth (18th) birthday.
D.  Participate on a voluntary basis. The youth may decide to refuse services, but shall be entitled to reconsider his or her choice and receive services at a later date.
E.  Follow the plan developed with the youth and the county department regarding participation in the Chafee Foster Care Independence Program.

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