12 CCR 2509-4
DEPARTMENT OF HUMAN SERVICES Social Services Rules RULE MANUAL VOLUME 7 CHILD WELFARE SERVICES 12 CCR 2509-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]
7.300 CHILD WELFARE SERVICES
7.301 ASSESSMENT AND FAMILY SERVICES PLANNING
7.301.1 ASSESSMENT [Eff. 10/01/2008]
A. The Colorado Assessment Continuum (CAC) will be utilized throughout the case. The CAC includes the:
1. Safety assessment and plan (see Section 7.202.533, C).
2. Risk assessment (see Section 7.202.54, D and 7.202.62, E).
3. Needs assessment in the North Carolina Family Assessment Scale (NCFAS)/North Carolina Family Assessment Scale-Reunification (NCFAS-R); see Section 7.301.1, C). The CAC will be utilized throughout "Assessment" and "Case", as specified in each section listed above.
B. Safety assessment, risk assessment, and needs assessment are ongoing processes throughout the life of the case. Safety, risk and needs assessments, as defined in this manual, shall be completed for each Program Area 5 case accepted by the county department and shall be the basis for case planning. Each of these assessments shall be entered into the automated case management system in accordance with the timeframes referenced in Section 7.301.1, A, 1-3. The reunification domains in the NCFAS-R shall be completed in hardcopy until these domains are available in the automated case management system.
1. The family, including relatives with caretaking responsibilities for children in the household, shall be involved in all phases of assessment and case planning.
2. Assessment tools or resources available through community agencies shall be incorporated in the assessment, based on the culture, ethnicity and other needs of the family.
3. As a result of this assessment/evaluation, the caseworker and family shall identify the family's current safety, risk and needs, to include level of functioning, areas of strengths and weaknesses, specific problems to be addressed, and changes that must occur to remedy the problems that brought the family to the agency. The following information shall be included in the assessment documented in the Family Services Plan:
C. The North Carolina Family Assessment Scale (NCFAS)/North Carolina Family Assessment Scale- Reunification (NCFAS-R) shall constitute the needs assessment, which is one of the Colorado Assessment Continuum instruments. The purposes of the NCFAS/NCFAS-R are:
1. To assist with effective Family Services planning by identifying the most needed types of services based on the assessed needs.
2. To measure where change in child and family functioning has occurred as a result of services delivered.
3. To measure to the child welfare outcomes of safety, permanency, and well-being.
D. The first five domains of the NCFAS-R (the NCFAS) shall be completed and entered into the automated case management system for all Program Area 5 cases accepted by the county department for ongoing services for which the permanency goal is reunification or maintenance of the child in his/her own home and where the department or its agent is working with the family system. It shall be optional for Program Area 4 and 6 cases.
E. The sixth and seventh domains of the NCFAS-R shall be used to assist with predicting when reunification will be successful in cases that involve out-of-home placement and shall be completed and entered into the automated case management system, when available, for all program area cases that involve out-of-home placement.
F. The NCFAS/NCFAS-R will be used at least twice during the lifetime of the case and shall be completed by the caseworker providing direct services who best knows the family. It shall be completed:
1. When a decision has been made that services will continue beyond the investigation/assessment. It shall be completed within 60 calendar days of the date the investigation/assessment was assigned, by the caseworker or the department's agent responsible for developing the family's case plan and serve as a basis for the Family Services Plan.
2. In the case management phase, as a part of the decision-making process at the point at which the case is to be closed.
G. The areas rated as the highest strengths shall be considered in developing the Family Service Plan.
H. Those factors rated as –2 or –3, the factors reflecting the greatest needs, on the NCFAS/NCFAS-R at the time of the first assessment shall be considered for incorporating into the objectives and action steps identified in the Family Services Plan.
I. The same worker shall complete the initial and final NCFAS/NCFAS-R if possible. If this is not possible, and multiple workers have competed the NCFAS/NCFAS-R, a staffing shall occur between all relevant workers to discuss the ratings if possible.
7.301.2 FAMILY SERVICES PLAN REQUIREMENTS [Rev. eff. 9/1/07]
The county department shall complete the Family Services Plan document for each child receiving services to assure that the child's needs for safety, permanency, and well-being are met. The Family Services Plan shall incorporate the following principles:
A. A child’s safety is paramount;
B. Children belong in families;
C. Families need the support of communities; and, D. Community partners are key to achieving strong outcomes for children and families.
7.301.21 Family Services Plan Timing Requirements [Rev. eff. 9/1/07]
The Family Service Plan document must be completed:
A. Within sixty (60) calendar days of opening an assessment in the automated case management system for children in their own homes, including Core Services program cases in which the children are not in out-of-home placement. There may be one Family Services Plan for the family in these cases.
B. Within 60 calendar days of opening an assessment in the automated case management system for children in out-of-home placement, including those cases in which the children are receiving Core Services. There may be one Family Services Plan for the family; however, discrete sections in the treatment plan and in the placement information are required for each child in placement.
C. For children age 16 and over in out-of-home placement, the plan for transition to independent living/emancipation shall be completed within 60 calendar days of the child's 16th birthday or of case opening.
7.301.22 Family Service Plan Participants [Rev. eff. 12/1/99]
The county shall assure that the following parties participate in the development of the Family Services Plan:
- Caseworker - Parent(s) or legal guardians - Child - Immediate and extended family members as appropriate to the family and child's service needs - Service providers, including kin caregivers and other out-of-home caregivers. All parties shall sign the plan and the caseworker's supervisor shall approve and sign the plan. The caseworker shall provide all parties with a copy of the signed plan. The reasons for any absence of signatures shall be documented on the plan. If the caseworker is unable to involve both parents, child, or provider, the efforts to do so and the reasons for the inability to do so shall be documented on the plan.
7.301.23 Family Service Plan Documentation
The Family Services Plan shall document A. That services to be provided are directed at the areas of need identified in the assessment. Outcomes to be achieved as a result of the services provided will be described in terms of specific, measurable, agreed upon, realistic, time-limited objectives and action steps to be accomplished by the parents, child, service providers and county staff.
B. That services to be provided are designed to assure that the child receives safe and proper care.
C. That services to be provided are culturally and ethnically appropriate. Appropriate cultural or ethnic considerations should include, but are not limited to, consideration of the child's family, community, neighborhood, faith or religious beliefs, school activities, friends, and the child's and family's primary language.
7.301.231 Integration of Safety and Risk Requirements [Eff. 9/1/07]
Integration of safety and risk requirements into the case plan in the family services plan shall be accomplished in the following ways:
A. Safety and risk assessments completed in the assessment portion of the automated case management system shall automatically become a part of the case, when a case is opened. This allows for reference to previously completed risk and safety assessments.
B. Safety concerns identified on the safety assessment will be included in Part 3A, as a drop down box. These concerns will be used as a basis for developing treatment plan objectives. Safety concerns shall be identified by an “S” designating a safety issue.
C. Risk concerns identified on the assessment will be included in Part 3A, as a drop down box. These concerns shall be used in developing treatment plans. Risk factors shall be identified with an "R" designating a risk issue.
D. Items checked in the risk and safety assessments shall populate automatically at the top of FSP Part 2. This allows for reference to previously completed risk and safety assessments when developing FSP Part 2.
E. The safety plan from "assessment" shall populate to the Part 3A.
F. Items checked in safety and risk assessments shall populate to Part 3A, as well as any NCFAS/NCFAS-R item rated at a “-2” or less. This information is documented on the first page of Part 3A and shall be a reference page to use when developing Part 3A.
G. In Part 5A, changes in the following areas shall be documented:
1. Child functioning;
2. Adult functioning;
3. General parenting practices; or, 4. Disciplinary parenting practices.
At the end of this narrative, the following question shall appear in Part 5A and shall be addressed with a yes or no response: “Based on the information presented above, is there present or impending danger that must still be managed?”
7.301.24 Family Service Plan Out-of-Home Placement Documentation
For child(ren) in out-of-home placement, the Family Services Plan documents:
A. That the child meets all of the out-of-home placement criteria listed in Section 7.304.3.
B. That when the child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by the county by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children. At the dispositional hearing, if a child is part of a sibling group and was not placed with his/her siblings, documentation shall be submitted to the court about whether it continues to be in the best interest of the child(ren) to be placed separately.
C. The problems to be resolved in order to facilitate reunification of the child and family, and to safely maintain the child in the home.
D. A description of the type of facility in which the child is placed, the reason(s) the placement is appropriate, and safe for the child. For children placed a substantial distance from the home of the parent(s) or in out-of-state placement, the county shall document how the placement meets the best interests of the child (see Section 7.304.54, J).
E. A description of how the home is in reasonable proximity to the home of the parents or relatives and to the school the child has attended.
F. That the placement is the least restrictive, safe, and most appropriate setting available consistent with the best interests and specific needs of the child. This includes documentation of initial and on- going efforts to place the child with kin.
If the child is moved to a more restrictive placement after the initial placement, the Family Services Plan documents how the more restrictive placement meets the child's needs.
G. Health and educational information, including the names and addresses of the child's current educational and health care providers, and the status of health care and educational information updated at the time of each case review.
H. Specific plans for how the county will carry out any court determinations or orders concerning the child.
I. A description of the services and resources needed by the foster parents or kinship providers to meet the needs of the child and how those services and resources will be provided.
J. A description of the services provided to reunite the family, including the plan for visitation, or to accomplish another permanency goal. The visitation plan shall specify the frequency, type of contact, and the person(s) who will make the visit. At a minimum the visitation plan shall provide the methods to meet the following:
1. The growth and development of the child;
2. The child's adjustment to placement;
3. The ability of the provider to meet the child's needs;
4. The appropriateness of the parent and child visitation, including assessment of risk;
5. The child's contact with parents, siblings, and other family members; and, 6. Visitation between the child and his/her family shall increase in frequency and duration as the goal of reuniting the family is approached.
K. For youth age 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 60 calendar days after the youth's 16 th birthday.
L. 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).
M. 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:
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 15 of the last 22 months, the county shall either file a motion for termination of parental rights no later than the end of the 15 th 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.
N. In the case of a child for whom the permanency plan is adoption or placement in another permanent home, the county department shall document the steps the agency is taking to find an adoptive or other permanent living arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another permanent living arrangement, and to finalize the adoption of legal guardianship (for adoption, see Section 7.306.11, B).
O. 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 permanency goal for the child would be to remain home barring case circumstances that would indicate the need for an alternative permanency goal. The county must see the child when visiting the teen mother in the foster home.
P. Requirements for Use of Other Planned Permanent Living Arrangement Goals 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.
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.
7.301.241 Education Assessment Requirements for Out-of-Home Placement
For children in out-of-home placement, the county department shall follow these procedures for educational assessments:
A. The caseworker shall make a written referral for an educational assessment to the designated representatives of the child's school district of jurisdiction before a non-emergency placement in a group home, group center, child placement agencies, or residential child care facility.
B. In emergency placements, the caseworker shall make a verbal notification within five working days and a written notification within ten working days after the placement.
C. Educational costs of placements made without the required referral are not reimbursable to the county department.
D. If the educational assessment determines that the child has an educational disability, which means that the child qualifies for 504 or special education services, the county and district of jurisdiction shall meet to determine if the educational needs of the child can be met in the placement or the Core Services program.
E. If the child is not educationally disabled, the county may be responsible for educational costs.
7.301.242 Education Record
For children in out-of-home placement, the county department shall maintain records within the case file and/or in the fields available in the education section of the automated system that include, but are not limited to, identification of:
A. School name and address at the time of removal from the home.
B. Current school name, address, and telephone number.
C. Grade or classroom designation.
D. Annual grades.
E. Educational needs including, but not limited to, special education and summaries of the efforts of the county department to address the needs.
F. Educational plans based on individual needs, including an IEP.
G. Educationally based evaluations.
7.301.243 Early Intervention and Supports for Children Birth to Age of 3 in Out-of-Home Placement, Part C, of the Individuals with Disabilities Education Act (IDEA) A. Documentation of referral, services, and planning shall be recorded in the education section of the automated system.
B. Infants and children under age 3 who may have delays in development or established conditions associated with a disability shall be referred to the local “Child Find” effort. The local “Child Find” may be the School District/Board of Cooperative Educational Services (BOCES), Early Childhood Connections (ECC) organization, or an appropriate community resource for assessment for the identification of needs that may impact the child's development.
C. The county department shall participate with the school district and/or ECC; or community resource, family, and other pertinent individuals to develop a plan to address identified service and support needs and for transition planning.
7.301.3 FAMILY SERVICES PLAN REVIEW AND UPDATES
A continuing reassessment and documentation of the Family Services Plan in relationship to progress to goals shall be done. If a significant change in client service needs occurs, a redetermination of eligibility and/or a reassessment of services shall occur and the Family Services Plan shall be amended, if applicable.
A. The Family Services Plan shall be reassessed prior to termination of the plan.
B. The reassessment should be performed jointly with the client and in situations where joint evaluation cannot occur, the reasons shall be documented in the case record.
1. Family members' signatures should be obtained on the plan at the time of the review.
2. Family members should be advised of the child welfare grievance resolution process of the county.
C. When assessment indicates reunification is appropriate, the Family Services Plan shall be updated to reflect the specific time frame and services necessary for the child to be safely returned to and maintained in the home.
D. The results of the review shall be documented in the case record.
E. The Family Services Plan shall be reviewed in conference with the caseworker and supervisor every 90 calendar days. The six month Administrative Review of children in out-of-home placement may substitute for a 90 days review. The conference shall address:
1. Appropriateness of the services being provided to the child, parent(s) and foster parent(s), if applicable;
2. If applicable, appropriateness of the child's placement and how it meets the child's needs;
3. That the child's safety is protected in the placement;
4. The child, the parents, and other appropriate family members are receiving the specific services mandated by the Family Services Plan and are progressing toward the specific objectives identified in the plan;
5. Identification of barriers hindering the progress;
6. Appropriateness of existing timetables;
7. Whether additional or different services are needed and how they will be provided;
8. Appropriateness of the child's permanency goal:
9. In those cases in which there are multiple service providers, whether the provision of services is coordinated to assure the timely delivery of mandated services.
F. The following cases are to be set for further review by the county department:
1. All cases in which a child has been placed in four different placements, excluding a return home;
2. All cases in which a child has a current goal of return home for more than twenty four months;
3. All cases in which the child has had a permanency goal of adoption for more than one year and has not been placed in an adoptive home; and, 4. All children who have been returned home and have re- entered care more than twice and have a current plan of return home.
5. All children for whom the permanency goal is another planned permanent living arrangement.
7.302 CHILD WELFARE CHILD CARE [Eff. 04/01/2009]
Child Welfare Child Care is a service to maintain children in their own homes or in the least restrictive out- of-home care when there are no other child care options available. Child Welfare Child Care is not 24 hour care.
Child care services for school-age children during regular school hours must be different from, and cannot be substituted for, educational services that school districts are required to provide under the Colorado Exceptional Children's Act.
7.302.1 ELIGIBILITY CRITERIA
In addition to meeting eligibility requirements in the General Information and Policies section, the county department shall ensure that there are no other child care options available and the child is eligible for Program Area 4, 5, or 6 as described in this manual.
7.302.2 CHILD CARE ARRANGEMENT AND FAMILY SERVICES PLAN [Eff. 04/01/2009]
The county department shall:
A. Complete the relevant sections of the Family Services Plan.
B. Document how the child care plan provides for effective intervention for maintaining children in their own homes or in the least restrictive out-of-home care.
C. Provide the client with information concerning child care services.
D. Have face-to-face or telephone contact with the child and/or family a minimum of once a month, and with the provider a minimum of quarterly when the reason for the child care is child protection. These contacts shall include a discussion of current progress and future direction. If the child is in placement, the contact requirements in Section 7.001.6 shall be used.
E. Assess a client fee whenever the fee schedule applies. Counties will be notified of the State set parental fee schedule via Agency Letters issued yearly from the Division of Child Care based on criteria in Section 3.905, B (9 CCR 2503-1).
F. Develop written criteria to be used to determine when the State set parental fee should be waived.
G. Follow State rules for the Colorado Child Care Assistance Program (CCCAP) as found in rule manual Volume 3 “Income Maintenance” , Section 3.900 et seq. (9 CCR 2503-1).
7.303 CORE SERVICES PROGRAM
7.303.1 DEFINITIONS
The Core Services Program consists of the following services:
A. “HomeBased Intervention ” : services provided primarily in the home of the client and includes a variety of services which can include therapeutic services, concrete services, collateral services and crisis intervention directed to meet the needs of the child and family. See Section 7.303.14 for service elements of therapeutic, concrete, collateral, and crisis intervention services.
B. “ Intensive Family Therapy” : therapeutic intervention typically with all family members to improve family communication, functioning, and relationships.
C. ” Life Skills ” : services provided primarily in the home that teach household management, effectively accessing community resources, parenting techniques, and family conflict management.
D. “ Day Treatment ” : comprehensive, highly structured services that provide education to children and therapy to children and their families.
E. “ Sexual Abuse Treatment” : therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetration, and to prevent further sexual abuse and victimization.
F. “ Special Economic Assistance” : emergency financial assistance of not more than $400 per family per year in the form of cash and/or vendor payment to purchase hard services. See Section
7.303.14 for service elements of hard services.
G. “ Mental Health Services” : diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning, and relationships.
H. “Substance Abuse Treatment Services” : diagnostic and/or therapeutic services to assist in the development of the family service plan, to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol.
I. “ Aftercare Services” : any of the Core services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out-of-home placement of the child.
J. “ County Designed Services” : innovative and/or otherwise unavailable service proposed by a county that meet the goals of the Core Services Program.
7.303.11 Program Goals
The goals of the Core Services Program are to:
A. Focus on the family strengths by directing intensive services that support and strengthen the family and protect the child;
B. Prevent out-of-home placement of the child;
C. Return children in placement to their own home; or, D. Unite children with their permanent families.
E. Provide services that protect the child.
“ To return children in placement to their own home or to unite children with their permanent families” is defined as return to the home of a parent, an adoptive placement, guardianship, independent living placement, foster-adoption placement or to live with a relative/kin if the goal for the child in the Family Services Plan is to remain in the placement on a permanent basis.
7.303.12 Access
County departments must make all of the Core services, except for county designed services, available to any client who meets the criteria for the service as documented in the Family Services Plan.
7.303.13 Program Eligibility
In order to be eligible for the Core Services Program, each child shall:
A. Meet the criteria for Program Area 4, 5, or 6 target group; and, B. Meet the Colorado out-of-home placement criteria at the time of each placement in any Core Services Program; and, C. Require a more restrictive level of care but may be maintained at a less restrictive out-of-home placement or in his/her own home with Core services.
7.303.14 Service Elements
Core Services Programs may include any of the following elements of service:
A. “CollateralServices ” : teaching families to work with community agencies such as health care, mental health treatment services, substance abuse treatment services, job training, information and referral, advocacy groups, housing assistance agencies, and schools.
B. “ Concrete Services ” : concentrated assistance in the development and enhancement of parenting skills, stress reduction, problem solving, communication skills, budget and household management and recreational activities.
C. “ Crisis Intervention Services ” : phone or in-home counseling, medical services, respite or other interventions available on a 24-hour basis.
D. “ Diagnostic and Treatment Planning Services” : various evaluations of the child and family to facilitate the development of the Family Services Plan and the move of the child to a permanent placement.
E. “ Hard Services ” : the purchase of services or distribution of cash payments for the following: - housing funds, including rent, repairs, utilities, or rent deposits - food or money for food - clothing - transportation to include fares, auto repair, auto fuel, auto insurance or bus pass - uncovered medical or dental expenses - appliances, furniture - emergency shelter - employment related expenses, such as tools or dues F. “TherapeuticServices” : interactive parenting, family therapy, support groups, educational groups, problem solving methods, communication skills, and parent-child conflict management.
7.303.15 Service Time Frames
A. Services may be provided for up to eighteen (18) months.
B. One or more six month extensions to the initial eighteen months placement are optional if approved by an internal county department administrative review and documentation of approval is in the case record. The in-house review shall include casework or supervisory staff and one or more administrators not providing direct services to the family.
7.303.16 Workload Standards
A. Each worker engaged in home based intervention, intensive family therapy, and sexual abuse treatment programs shall have at least two (2) and not more than twelve (12) at risk families depending on the intensity of service needed per family.
B. Life skills shall have staff persons assigned to work no more than twenty (20) families.
C. Supervisory workload ratio shall be six (6) caseworkers per supervisor. Contractors shall provide comparable supervision.
7.303.17 Staff Qualifications
A. Staff, both county and private providers, in the home based intervention, intensive family therapy, and sexual abuse treatment programs shall meet the equivalent of minimum qualifications, as defined in Section 7.000.6, Q, 2, of this staff manual.
B. Supervisors, both county and private providers, in the home based intervention, intensive family therapy, and sexual abuse treatment programs shall meet the minimum qualifications, as defined in Section 7.000.6, Q, 3, of this staff manual.
C. Staff in the life skills programs shall meet the equivalent of minimum qualifications, as defined in Section 7.000.6, Q, 3, of this staff manual.
7.303.18 Performance Indicators
Core Services Program success shall be measured by the degree to which the following performance indicators identified in the Family Services Plan are achieved by clients.
A. “FamilyConflict Management ” : The family shall demonstrate capacity to resolve conflicts and disagreements contributing to child maltreatment, running away, status offenses and delinquent behavior.
B. “ Parental Competency ” : Parents will show ability to maintain sound relationships with their children and provide care, nutrition, hygiene, discipline, protection, instructions, and supervision.
C. “ Household Management Competency” : Parents will be able to provide safe environment for their children through competent household cleaning and maintenance, budgeting and purchasing, and structuring mealtime and families activities.
D. “ Resources Access Competency” : Parents will demonstrate ability to obtain help from the community and within the local, state, and federal governments.
E. “ Personal and Individual Competency” : Families will show awareness in terms of self-esteem, victim awareness, management of one's own history of victimization, sex education, peer relationships enhancement establishing appropriate physical and emotional boundaries for themselves and for their children, demonstrating assertive behavior, and assuming responsibility for one's own behavior.
F. “ Academic, Behavioral and Emotional Competency ” : Children involved in day treatment settings will demonstrate ability to meet school requirements, to control behavior, and to control and communicate feelings.
G. “ Competence in Maintaining Sobriety” : Parents will be able to maintain sobriety and/or develop relapse plans to provide for the care, nutrition, hygiene, discipline, protection, instruction, and supervision of the child(ren). Child(ren) will be able to maintain sobriety and/or develop relapse plans to avoid running away, status offenses, or delinquent behavior. The county department shall identify the degree to which the client met the treatment goals by entering the appropriate service leave reason on the Department's automated reporting system when closing the service on the Department's automated reporting system.
7.303.2 INTEGRATED CARE MANAGEMENT PROGRAM
7.303.21 Definition
Integrated Care Management (ICM) allows a county-optional, State-approved plan for the provision of selected child and family services. County ICM plans shall identify specific principles, activities, and program components to improve outcomes for children, youth, and families; to support best practices; to advance selected care management strategies; to improve quality and accountability; and, to provide cost efficient delivery of needed services.
7.303.22 Program Goals
The goals of the Integrated Care Management program shall include:
A. More efficient and responsive services systems for children, youth and families.
B. Increased flexibility and collaboration across multiple agencies and funding streams to meet consumer needs and avoid cost shifting between systems.
C. Encouragement and authorization for an integrated services system that incorporates blended funding and administration.
D. Focus on quality and outcome driven services with accountability for an entire array of services that families need.
E. Development of data systems to support these goals and to allow administrators and policy makers to better manage and evaluate.
7.303.23 Availability
Integrated Care Management is an optional program for individual county or groups of counties. Counties may elect to participate by operating a State approved Integrated Care Management program.
7.303.24 Program Eligibility
County departments shall define program eligibility criteria in the proposed plan, which must include all program components and define how each principle will be implemented. The county programs will be approved by the State Department.
7.303.25 Program Components
Each plan must contain the following program components. Counties may operationalize the program components as listed beneath each component or in another manner approved by the State Department.
A. Utilization Management (UM) - A system of inter-agency services review and approval procedures designed to ensure that the services provided to a specific child or family at a given time are cost- effective, clinically appropriate and least restrictive. The goal of utilization management is to provide the most appropriate, least restrictive service that meets the needs of the child and the family. Utilization management may include:
1. Application implemented with any or all of the services used by the county departments.
2. Concurrent review activities that focus on reducing or increasing any level of service and may be conducted by dedicated staff and/or a multi-agency review team.
3. Written UM guidelines including standardized UM processes and criteria for UM that may include definitions for key levels of care.
4. Provider profiling where data is supplementally tracked, differentiating provider performance and competencies.
B. Case Management (CM) - Refers to a process by which the services provided to a specific child or family are tracked and managed to achieve optimum, cost effective outcomes. Case management activities may include:
1. Identification and tracking of selected cases or types of cases.
2. Systematic management approach that integrates tracking and targeting of cases for identified, targeted interventions and outcomes.
3. Varying levels of case management across different providers integrating provider profiling and collaborative activities, such as involving providers in case management activities.
4. Procedures which minimize time between referral and delivery of care, and provide dedicated resources and support for any or all of service referrals.
5. Prevention and early intervention in which the county offers supports before more intensive intervention is needed.
C. Resource Strategies - Involve efforts to organize and manage resources to achieve the goals of the county department paying for care. Resource strategies may include:
1. Contract incentives employing shared risks or performance incentives to influence provider behavior and service delivery.
2. Provider resource structure offering efficiencies and standardized care approaches that promote efficient and appropriate care delivery.
3. Resource blending using collaborative efforts with other child and family serving agencies.
D. Information Management Strategies (IM) - the identification, collection, analysis and use of various types of data to further the county's mission and goals. IM may include:
1. Tracking information related to service use including identifying service utilization costs, aggregating and reporting.
2. Creating routine reports and IM activities including trend analyses by case type, provider, services category and other variables; or using complex multi-level analyses to identify cost drivers and adjust risks.
E. Collaborative Integration (CI) - Inclusion of consumers and agencies in the community in the development of the agency's vision, mission and goals and in the implementation of the ICM program. Formal efforts may be directed at coordinating services, integrating care and cooperation between agencies and consumers and may include:
1. Plans for integration, contractual agreements or blending of resources with community agencies.
2. Strategies to utilize formal and informal community based organizations and family support networks to ensure child safety and promote child and family well-being.
3. Plans to have formal inter-agency agreements, Memorandums of Understanding and contracts with community based organizations and a process to engage community partners.
F. Quality Improvement (QI) - Formal organizational processes that emphasize the ongoing improvement of both the process of service delivery and client outcomes through the incorporation of data driven approaches and the institution of systems of monitoring, feedback and organizational learning. QI activities may include:
1. Implementing a formal QI process, which may be narrowly, implemented expanding over time to agency-wide including a written plan and formal process.
2. Implementing a training schedule that trains staff on some aspect of any of the ICM principles or information obtained as a result of use of the principles, such as the outcome of the quality improvement process.
3. Implementing Quality Improvement activities for at least one high cost driver and having dedicated staff for QI activities.
7.303.26 Incentive Funding for Performance
In order to receive incentive monies, the county must implement Integrated Care. Management principles and perform on specified indicators. The State Department shall adopt a formula to disperse funds to counties serving at least eighty percent of the total child welfare services population. These counties must participate in the Integrated Care Management program and meet the defined performance outcomes. Any changes to the previous year’s formula shall be made no later than two months after the dispersion of any incentive funds to the counties.
7.303.3 COLLABORATIVE MANAGEMENT PROGRAM
The Collaborative Management Program (CMP) is an optional county plan approved by the State for the provision of child and family services for those who could benefit from the treatment and services that involve multiple agencies, divisions, and units at the county level.
7.303.31 Program Goals
The goals of the Collaborative Management Program include:
A. Reducing duplication and fragmentation of services;
B. Increasing the quality, appropriateness, and effectiveness of services provided;
C. Cost sharing among service providers; and, D. Ultimately, better outcomes and, when possible, cost reduction for the services provided to children and families who would benefit from integrated multi-agency services.
7.303.32 Availability
A. Collaborative Management is an optional program for an individual county or groups of counties. Counties may elect to participate by operating a State-approved Collaborative Care Program and signing a Memorandum of Understanding (MOU) using the model provided by the State.
B. Counties electing to participate shall have an MOU to coordinate multi-agency services. The MOU shall be between interested county departments of human/social services and local representatives of each of the following agencies:
1. The local judicial district(s), including probation services;
2. The health department, whether a county, district, or regional health department;
3. The local school district(s);
4. Each community mental health center; and, 5. Each Behavioral Health Organization (BHO).
C. Counties electing to participate in the MOU may involve other interested parties or organizations.
7.303.33 Program Components
Each plan shall contain the following program components. These program components may be operationalized in another manner if approved by the State department.
A. Utilization Management (UM)
A system of inter-agency services review which may include family and team decision-making with approval procedures designed to ensure that the services provided to a specific child or family at a given time are cost-effective, clinically appropriate, and least restrictive. The goal of utilization management is to provide the most appropriate, least restrictive service that meets the needs of the child and family.
Utilization management may include:
1. Identification and tracking of selected cases implemented with any or all of the services used by the county departments;
2. Concurrent review activities which focus on reducing or increasing any level of service and may be conducted by dedicated staff and/or a multi-agency review team;
3. Written guidelines including standardized UM processes and criteria for UM that may include definitions for key levels of care;
4. Provider profiling where data is supplementally tracked, differentiating provider performance and competencies.
B. Case Management (CM)
Case management refers to a process by which the services provided to a specific child or family are tracked and managed to achieve optimum, cost-effective outcomes. Case management activities may include:
1. Systematic management approach that integrates tracking and targeting of cases for identified, targeted interventions and outcomes;
2. Procedures which minimize time between referral and delivery of care, and provide dedicated resources and support for any or all of service referrals;
3. Prevention and early intervention which the county offers for support before more intensive intervention is needed.
C. Resource Strategies Resource strategies involve efforts to organize and manage resources to achieve the goals of the collaborative management partnership paying for care.
Resource strategies may include:
1. Contract incentives employing shared risks or performance incentives to influence provider behavior and service delivery;
2. Efficiencies and standardized care approaches that promote efficient and appropriate care delivery;
3. Resource blending using collaborative efforts with other child and family servicing agencies.
D. Information Management Strategies (IM)
Information management strategies mean the identification, collection, analysis, and use of various types of data to further the collaborative management's mission and goals. IM may include:
1. Tracking information related to service use, including identifying service utilization costs, aggregating and reporting;
2. Creating routine reports and IM activities, including trend analyses by case type, provider, services category and other variables; or using complex multi-level analyses to identify cost drivers and adjust risks.
E. Collaborative Integration (CI)
Collaborative integration means inclusion of consumers and agencies in the community in the development of the collaborative's vision, mission and goals, and in the implementation of the program . Formal efforts may be directed at coordinating services , integrating care, and cooperation between agencies and consumers; and, must include:
1. Plans for integration, contractual agreements or blending of community resources;
2. Strategies to utilize formal and informal community based organizations and family support networks to ensure child and community safety and to promote child and family well- being; and, 3. Plans shall include formal inter-agency agreements and contracts with community-based organizations and a process to engage community partners.
F. Quality Improvement (QI)
Quality improvement means the formal organizational processes that emphasize the ongoing improvement of both the process of service delivery and client outcomes through the incorporation of data driven approaches and the institution of systems of monitoring, feedback and organizational learning.
QI activities may include implementing:
1. A formal QI process, which may be narrowly implemented, expanding over time agency-wide to include a written plan and formal process;
2. A training schedule for staff on aspects of the collaborative management principles or information obtained as a result of use of the principles, such as the outcome of the quality improvement process; or, 3. Quality improvement activities for at least one high cost driver and have dedicated staff for QI activities.
7.303.34 Oversight
A local-level interagency oversight group shall be created. Each group shall include a local representative of each party to the Memorandum of Understanding, each of whom shall be a voting member of the interagency oversight group. In addition, the group may include, but is not limited to, the following advisory non-voting members:
A. Representatives of interested local private sector entities; and, B. Family members or caregivers of children who would benefit from integrated multi-agency services or current or previous consumers of integrated multi-agency services.
7.303.35 Incentive Funding for Performance
In order to receive incentive monies, the county must implement collaborative management principles, perform on specific indicators, and have a signed collaborative management MOU accepted by the Colorado Department of Human Services, Division of Child Welfare, By July 1 of each State Fiscal Year.
7.303.36 Program Eligibility
County Departments shall define program eligibility criteria in the proposed plan including a definition of "children and families who would benefit from integrated multi-agency services. This criteria must be approved by the State Department.
7.304 PLACEMENT SERVICES
7.304.1 DESCRIPTION
A. Placement services are services provided to children in Program Areas 4, 5, and 6 who:
1. Meet the criteria for out-of-home placement and the target group criteria; and, 2. Are placed outside their homes because of a temporary emergency removal by law enforcement, court action, or a voluntary placement agreement; and, 3. Are in a placement approved by the county department.
B. The range of placement services for children for whom the goal is to return home includes kinship care, family foster care, county group care, child placement agency foster and group care, and residential child care facilities, including Residential Treatment Centers.
C. The range of placement services for children for whom the goal is other than to return home includes adoption, kinship care, family foster care, county group care, child placement agency foster and group care, and residential child care facilities, including Residential Treatment Centers.
D. Placement options in this section do not apply to Native American children. Refer to Section 7.309.7 for order of placement preference as required by the Indian Child Welfare Act.
7.304.2 PLACEMENT OPTIONS
7.304.21 Kinship Care [Emer. Rule eff. 8/3/07; Perm. Rule eff. 10/30/07]
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:
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:
2. Placement With Kinship Care Providers:
3. Decision Making:
4. Services to kinship care providers shall:
5. Services to children in all kinship care placements shall: Include the requirements of Section 7.301, assessment and case planning section.
6. Permanency Planning in Kinship Care
7.304.22 Independent Living and Adoption
The placement options of independent living and adoption are addressed in Sections 7.305.1 and 7.306, respectively.
7.304.23 Whole Family Placement Services
A. Definition Whole Family Placement (WFP), also known as Shared Family Care (SFC), is a situation in which adult parent(s) and child(ren) are placed together in the home of a family who is trained to mentor and support the biological parents as they develop skills and supports necessary to care for their child(ren) and move toward self-sufficiency.
B. Program Goals Whole Family Placement may be used to:
1. Prevent placement of child(ren) away from parent(s) when such placement would otherwise be necessary for the safety of the child(ren).
2. Transition towards reunification, thus providing a safe environment in which to reunite a family that has separated.
C. Eligibility To be eligible for Whole Family Placement, the following conditions must exist:
1. Child(ren) shall be in the placement in accordance with Section 7.304.51.
2. The mentor home shall be certified for foster family home care and other foster children shall not reside in the home during the time that the WFP participant family is placed in the home.
D. County Responsibilities 1. If the county chooses to offer WFP services directly or through a contract with a provider, the county department shall develop and maintain a written policy that defines its program. Such written policy must include, but is not limited to, the following components:
2. When WFP is used, the county department shall identify the service as WFP by checking the “Whole Family Placement” check box on the service authorization window in the state's automated reporting system.
7.304.3 OUT-OF-HOME PLACEMENT CRITERIA
Not every child at risk needs out-of-home placement. These criteria are designed to provide a decision making model to assist in determining whether Core Service Program services and/or out-of-home placement are indicated. All three criteria must be met. Criterion 1 : The child may be at imminent risk of out-of-home placement, as defined in Section 26-5.3- 102(1)(b), C.R.S., because one or more of the following conditions exist:
A. Abandonment by or incarceration of parents/relatives/caretakers;
B. Abuse/neglect - as defined in the Children's Code;
C. Domestic violence - as defined in Section 18-6-800.3, C.R.S.;
D. Conditions that exist to such a degree for either the child or caretaker so that the caretaker is unable to care for the child:
1. substance abuse; drug exposed infants 2. mental illness 3. disability 4. physical illness 5. homelessness E. Beyond control of parents;
F. Danger to self, others, or community;
G. Infant or young child of teen parent in placement;
H. Delinquency - adjudicated delinquent meeting current out-of-home placement criteria written pursuant to Section 19-2-212, C.R.S.;
I. Relinquishment or termination of parental rights;
J. Child returning home from out-of-home placement or moving to less restrictive level-of-care. Criterion 2: Before considering placement, an assessment is completed to determine the level of risk. If assessment of risk determines that the child is at imminent risk of out-of-home placement, then child/family strengths are determined, and the appropriate services and/or community supports (reasonable efforts) needed to address the existing Criterion #1 conditions are identified. When these services are not immediately available, or are absent, unsuccessful, or exhausted, placement in the Core Services Program and/or out-of-home may be considered.
Reasonable efforts include the intervention strategies and advocacy efforts used:
A. To identify/locate appropriate parent/relative/caretakers if necessary to prevent out-of-home placement;
B. To assess the parent/relative/caretaker's ability to protect children;
C. To assist the parent/relative/caretaker and/or child in accessing and utilizing the identified services to address the presenting conditions.
Criterion 3: When placement is the best choice of available options/alternatives at this time to reduce risk to the child while continuing reasonable efforts to resolve the conditions which led to imminent risk, then, placement in the Core Services Program and/or out-of-home may occur.
7.304.4 AGE AND RESIDENCY REQUIREMENTS AND PAYMENT RESPONSIBILITY FOR CHILDREN
IN OUT-OF-HOME CARE A. A child is eligible for placement services on the basis of need from birth to age 18 when the child meets target group eligibility and all three of the placement criteria, regardless of whether the placement is voluntary or court ordered. A child from age 18 to age 21 continues to be eligible for placement services if the court had jurisdiction prior to the 18th birthday and the placement is court ordered.
B. All children residing or present in the state are eligible for placement services when the criteria in the Target Group sections 7.201, 7.202, and 7.203, the Out-of-Home Placement Criteria section 7.304.3, and the Authority for Placement section 7.304.51, are met.
C. The child's county of residence shall be the county department which has financial and case decision-making responsibility for a child in out-of-home placement shall be the child's county of residence. The child's residence follows the parents' residence unless one or more of the following circumstances exist:
1. When the parent-child legal relationship has been terminated, the child's residence is the county in which the county department has legal custody of the child.
2. When the court has transferred legal custody to a county department and the parent-child legal relationship has not been terminated, the child's residence is that county until the court transfers custody to some other entity, including changes of venue as described in the following section, 7.304.4, E.
3. When a county department has legal custody and the court has also appointed a guardian, the child's residence is that of the county department holding legal custody.
4. When a child is in parental custody, the child's residence is that of the parents, or of the last caretaker parent, unless there is a court order giving custody to one of the parents. In that case, the child's residence is that of the parent with legal custody.
5. When a child is in the legal custody of an individual, the child's residence is that of the individual.
D. Residence for school purposes may be determined on other factors, such as the type of facility in which the child is placed or the legal status of the child. See Educational Assessments in the Assessment and Case Planning section.
E. The county department shall transfer financial and service planning, and financial responsibility as follows:
If a parent whose residence is used to determine the county department's financial responsibility for a child in out-of-home placement moves to another Colorado county, the county department shall initiate procedures to transfer the financial responsibility to the new county, unless:
1. The court or the county department finds that the transfer of jurisdiction would be detrimental to the best interest of the child(ren); or, 2. The legal custodian has a history of frequent moves, except when there is evidence of stability in the most recent move, such as a signed lease whose term is six or more months, or there is other firm evidence of the intent to remain in the new residence for six or more months; or, 3. The case is within 3–6 months of resolution; or, 4. The custodial parent is committed to a state mental institute or correctional facility; or, 5. The custodial parent is residing temporarily in the receiving county to receive rehabilitation services, employment training, education, medical care, or shelter services; or, 6. Adjudication has not taken place; or, 7. Change in venue hinders achieving the child's permanency goal; or, 8. The case is an expedited permanency planning case, unless pursuant to Section 19-3- 201(2), C.R.S., wherein it states that is shall be presumed that any transfer of proceedings without good cause shown that results in a delay in the judicial proceedings would be detrimental to the child's best interest. Such presumption may be rebutted in court by preponderance of evidence; or, 9. When parental rights have been terminated for the child(ren); or, 10. If the case involves a juvenile for whom a juvenile delinquency filing has been made, pursuant to Section 19-2-105(1)(b), C.R.S.
F. Each county shall assign a venue change coordinator.
G. When the change in venue is anticipated, the sending county shall initiate legal procedures to transfer the case to the receiving county and shall:
1. Provide notice in writing to the designated venue change coordinator in the receiving county no fewer than 30 days prior to the expected date of the change in venue. The notice shall include all relevant case documentation including permanency goal, evaluations, current plans, court reports, dates of placement moves, progress of child in placement, recommendations for continued direction of the case, and all Title IV-E determinations; and, 2. Request a staffing, which may be accomplished by telephone to assure continuity of service within thirty days of notice of the expected venue change to include caseworkers, providers, county attorneys, guardian ad litems, parents, youth, and foster parents, as appropriate and feasible; and, 3. Address the location of the parents and relatives, the services needed, and whether or not these services are available in the proposed county of venue.
H. When the change in venue is unexpectedly ordered by the sending court, the sending county department shall:
1. Immediately contact the receiving county department's designated venue coordinator and the foster care provider. Documentation as described above shall be immediately forwarded.
2. The receiving county department shall assign the case within three working days of referral and the receiving caseworker shall immediately contact the caseworker in the sending county department to begin the case transition process.
I. The child, family, and foster care provider shall be prepared for the transition by the sending county department.
J. The sending county department shall assure that all child welfare case documentation is updated as completely as possible.
K. The sending county department is responsible for financial and service planning for the case and for payment of services through the calendar month in which the change of venue becomes effective. This date is to be confirmed by the sending county department in writing and there shall be no lapse in financial coverage during this process. If venue does not change, the sending county department retains financial responsibility.
L. The receiving county department shall provide courtesy supervision and available services during this transition. If venue does not change, the sending county department retains financial responsibility.
M. If a child is born while the mother is committed to a state mental institute or correctional facility, the county of residence prior to commitment shall be the county of fiscal responsibility.
N. When a child is placed for adoption, the county department holding legal custody and guardianship shall have fiscal responsibility for the child until the adoption is finalized.
O. If a child needs placement out of the home following finalization of adoption, the child's residence is that of the adoptive parents.
P. Residence related to subsidized adoption is addressed in the Adoption Services section.
7.304.5 SPECIFIC PROCEDURES FOR OUT-OF-HOME PLACEMENT
7.304.51 Authority for Placement
The county department shall ensure that a child may enter any out-of-home placement only when:
A. Target group and placement criteria are met; and, B. An emergency is determined to exist and s/he is removed from the home by a law enforcement officer, with or without a court order, or, C. A parent has signed a voluntary placement agreement under conditions established by the county department and according to the Children's Code; or, D. A juvenile court, or a court acting as a juvenile court (including a tribal court), has ordered the child to be placed out of the home and has transferred legal custody to the county department or a social services department of a federally recognized Indian tribe, for placement in a family care home or other child care facility.
7.304.52 Diligent Search
A. Definition: Diligent search is the timely good faith effort to locate any absent parent of a child(ren) entering out-of-home placement.
B. The county department shall commence a diligent search within three (3) working days of placement out the home. The county shall document diligent search efforts in the child's Family Services Plan.
7.304.53 Court-Related Procedures
A. County department staff shall work with the courts in order to best serve families, children, and adults. This includes, but is not limited to:
1. Providing competent and appropriate testimony. When the case involves the Indian Child Welfare Act, testimony shall be provided by a qualified Indian expert witness (see Indian Child Welfare Act, “Definitions” , Section 7.309.1, E).
2. Identifying witnesses and evidence to be presented.
3. Being in compliance with the Indian Child Welfare Act.
4. Working with the legal representative of the county department and all other attorneys involved to serve the best interest of the child(ren) and family.
5. Ensuring that the court is provided names and addresses of parents, foster parents, pre- adoptive parents, and kin who are providing out of home care for a child in order that the court can inform and allow these individuals an opportunity to be heard at all hearings and reviews involving the child.
B. The county department shall document the following court related procedures in the case file:
1. The child and family's legal status including custody, guardianship, parental rights, and other judgments issued by the court(s) of jurisdiction. The term “allocation of parental responsibilities” when used by the court shall be interpreted to mean custody for child welfare purposes. The term “allocation of parental responsibilities” shall not be used as a permanency goal.
2. Title IV-E related documents described in Section 7.001.41,B, of this staff manual.
3. The reasonable efforts which have been made to prevent removal of the child from her/his home, the reasonable efforts that have been or will be made to return the child to her/his home, and the reasonable efforts to finalize a permanent plan. The specific actions taken shall be documented and submitted to the court. When the case involves the Indian Child Welfare Act, “active efforts” rather than “reasonable efforts” must be provided (see Indian Child Welfare Act, “Definitions” , Section 7.309.1, A). When applicable, the county department shall document and submit to the court existing circumstances in which the court may determine that reasonable efforts are not required to prevent a child's removal from the home or to reunify the child and family. These circumstances are:
4. That the court and the parents are notified of any change in placement before the change unless the child is in immediate danger.
5. That a record is kept of all visits and of reasons planned visits did not occur.
6. That the court, the parents, and the child are given written notice ten days before any determination which affects the parent's visitation rights, unless the child's health or well being is endangered by delaying action or would be endangered if prior notice was given. The caseworker shall keep a copy of this notification in the case record.
7. The treatment plans, including the Family Services Plan and court ordered plan, that have been attempted to return the child to the family home.
8. That the county has requested the court, in its periodic reviews, to make findings regarding the continued necessity and appropriateness of placement, the extent of compliance with the case plan, the extent of progress which has been made toward alleviating or mitigating the causes necessitating the placement, and projecting a likely date by which the child may be returned home or placed in an alternate permanent living arrangement.
C. The county department shall file a dependency and neglect petition when there are protective service issues that either present imminent danger or indicate that the environment is injurious and the case requires court jurisdiction.
D. When protective issues are not significant, county departments may refer children with intellectual, physical, or emotional disabilities to community or home-based services. If home-based or community services are not sufficient or successful, the county department may offer voluntary out-of-home placements for children who meet the criteria. If voluntary out-of-home placements are not offered, the county department shall have a written policy stating that voluntary placements are not provided.
The county department shall ensure that a placement contract is signed before a voluntary placement is made. The county department shall:
1. File a Petition for Review of Need for Placement within 90 calendar days of placement, if the placement is expected to exceed 90 calendar days.
2. Ensure that the child's parents, guardian, and legal custodian are informed of the substance of the Petition for Review of Need for Placement.
3. File a review report with the court every six months, thereafter, or more frequently, when ordered by the court, until the placement is ended. When an Administrative Review conducted by the Administrative Review Division substitutes for a court review, a summary containing the same information as would be submitted to the court shall be completed and filed in the case record in accordance with 7.002.1, B. The county department shall submit this written summary with the Administrative Review findings to the court.
4. Ensure that a court decree giving the county placement and care responsibility is obtained within 180 calendar days of placement. The order must state that continued placement is in the best interests of the child and either that reasonable efforts have been made to reunite the child and family or that the plan is for the child not to return home.
5. Ensure that the permanency planning hearing order for voluntary placements conforms with the requirements discussed under that section.
E. When a child is returned to the home, the county shall request the court to return legal custody of the child to the parent or guardian, except in cases covered by the Interstate Compact for the Placement of Children.
F. When a child is removed from the home, the county department must initiate a request for temporary custody hearing per Sections 19-3-312 and 19-3-401, C.R.S. The Family Services Plan shall be used as an Interim Treatment Plan in Court involved cases, to be available 30 calendar days after the child's removal from the home or 30 calendar days after filing of the petition, whichever is earlier.
G. The county department shall notify the court of jurisdiction and other parties within 10 calendar days of receipt of a report that a child has run away from placement.
H. Copies of Administrative Review findings shall be filed in the case record and a summary of those findings shall be included in court reports. For those cases in which an Administrative Review substitutes for court reviews, counties shall submit a copy of the actual review findings to the court with the county's court report.
I. Recommendations to the court regarding out-of-home placement of a child who has been adjudicated a delinquent, shall contain specific facts and reasons supporting the recommendations and the cost of the recommended placement.
J. When a child is temporarily absent from placement because he or she is in detention, psychiatric or medical hospitalization, or on a trial visit home, the placement is considered to be continuous for up to six months for Federal review purposes if the county retains legal custody or has placement and care responsibility through a voluntary placement agreement or Petition to Review the Need for Placement. If the child returns to out-of-home placement during this time, a new removal order is not needed. Within the trial home visit time period, when the agency determines it is in the best interest of the child to continue to live in the planned permanent home, the county agency shall request the court to consider relieving the department of custody in these cases.
K. A trial home visit shall occur when it is necessary to assess the child's or youth's safety and well- being while residing in the planned permanent home. The time period of the trial home visit shall be determined by the agency and reviewed by the court as part of the reunification process prior to the permanent custodial return of the child or youth to the parents or planned caregivers.
1. Trial home visits shall be documented in the Department's automated data system.
2. A trial home visit may exceed six months in duration if a court orders a longer trial home visit. If a trial home visit extends beyond six months and has not been authorized by the court or exceeds the time period the court has deemed appropriate, and the child is subsequently returned to foster care, that removal must then be considered a new removal and Title IV-E eligibility must be newly established. Under these circumstances, the judicial determination regarding contrary to the welfare and reasonable efforts to prevent removal are required.
L. Change in venue procedures are outlined in Section 7.304.4, E, 4.
7.304.54 Court Procedures Related to Permanency Planning
A. The county department must develop a permanent plan for any child who is in out-of-home placement and is the subject of any court action, including Dependency and Neglect, Delinquency, or a Petition to Review the Need for Placement and a concurrent plan for cases filed under Section 19-3-102(2), C.R.S., regarding habitual abuse. The purpose of the plan is to establish treatment needs related to the stated goal for the child and to decide a method to provide a safe, stable, permanent environment for the child as quickly as possible.
B. The county department shall submit this plan at the permanency court hearing. That hearing must be held before 12 months have elapsed from the date of the child's original out-of-home placement, and shall be held as soon as possible following the dispositional hearing. Following the initial permanency hearing, subsequent permanency hearings must be held every 12 months thereafter while the child remains in out-of-home care. These hearings shall be combined with a periodic review when possible. An Administrative Review may substitute for permanency hearings when the court has appointed or approved the Administrative Review Division as the administrative body which may conduct these reviews.
C. The county department shall provide the court with documentation of the efforts made by the department to finalize the permanency plan for the child. When an Administrative Review substitutes for the permanency hearing, the county department shall submit the Administrative Review findings with the court report to the court. The county department shall request the court to make a finding (if the evidence so warrants) that the department made reasonable efforts to finalize the permanency plan for the child.
D. Paper reviews, ex parte hearings, agreed orders or other actions or hearings which are not open to the participation of the parents of the child (if appropriate age) and foster parents or pre-adoptive parents are not permanency hearings.
E. When the court determines that reasonable efforts to return the child home are not required, the county shall request that the permanency hearing be held no later than 30 calendar days after such court determination, unless the requirements of the permanency hearing are fulfilled at the hearing in which such a determination is made.
F. The county department shall ensure and document that a request is made to the court for such a hearing in sufficient time to assure that the hearing is held within the 12 month time frame. Permanency hearings shall be combined with a review hearing when possible.
G. The county department shall include, in the permanency plan, recommendations to the court on either:
1. Returning the child to his/her parent or guardian within the next six months; or, 2. Permanent placement with a relative through adoption; or, 3. Permanent placement with a relative through guardianship or permanent custody; or, 4. Adoption (non-relative); or, 5. Legal guardianship/permanent custody (no-relative); or, 6. Other planned permanent living arrangement through emancipation; or, 7. Other planned permanent living arrangement through relative long term foster care; or, 8. Other planned permanent living arrangement through non-relative long term foster care.
H. For permanency goals 7 or 8, the county department shall ensure that the plan contains the name or other identifier, such as the system provider number, if the name of the provider must be kept confidential, of the specific placement and the date that placement shall end.
I. The county department shall request that the court order contain specific findings regarding the above goals.
J. The county department shall assure that the permanency hearings determine whether an out-of-state placement continues to be appropriate and is in the best interest of the child.
K. The county department shall assure that the permanency hearings determine whether the permanency plan includes independent living services for a child sixteen years of age or older.
L. Permanency hearings are required to be held if a termination is under appeal, for children placed in a permanent foster home with a specific caregiver, and for children who are free for adoption and are placed in adoptive homes pending the finalization of the adoption.
M. The county department shall file for termination of parental rights no later than the end of the 15th month of placement for any child who has been in foster care under the responsibility of the state for 15 of the last 22 months unless there is a compelling reason submitted to the court identifying why it is in the child’s best interest to not terminate parental rights.
N. The county department shall file for termination of parental rights no later than 60 calendar days after the court determines that the child is an abandoned infant, unless there is a compelling reason submitted to the court identifying why it is in the child’s best interest to not terminate parental rights.
O. The county department shall file for termination of parental rights no later than 60 calendar days after a judicial determination is made that reasonable efforts to reunify the child with the parent are not required, unless there is a compelling reason submitted to the court identifying why it is in the child’s best interest to not terminate parental rights.
7.304.55 Court Procedures Related to Termination of the Parent-Child Legal Relationship A. The county department shall consider termination of the parent-child legal relationship as a part of the permanency planning process. Termination is a court action that permanently divests the child and parent of all legal rights and responsibilities with respect to each other. It does not modify the child's status as an heir at law, which occurs when there is a final decree of adoption. Termination of the parent-child legal relationship with both parents frees a child for adoption.
B. When the county department files a petition for dependency and neglect, the petition shall include a statement related to termination of the parent-child legal relationship as required in the Colorado Children's Code, Section 19-3-502(3)(a), C.R.S..
C. The county department shall give primary consideration to the physical, mental, and emotional conditions and needs of the child when considering filing a motion for termination, and when making any reports and recommendations to the court.
D. The county department shall ensure that the child's psychological and medical conditions have been evaluated and that the results of those evaluations indicate that termination is in the best interest of the child.
E. The county department shall consider termination of the parent-child legal relationship based on a finding of parental unfitness as outlined in the Colorado Children’s Code, Sections 19-3-604(1)(a) through 19-3-604(1)(c), C.R.S. and 19-5-105 (3.1), C.R.S.
F. The county department shall gather information to present the court with clear and convincing evidence regarding the criteria for termination and evidence beyond a reasonable doubt in the case of children eligible under the Indian Child Welfare Act. For further information concerning the termination requirements of the Act, see court procedures related to termination of the parent- child relationship, Section 7.304.55.
G. In planning for termination of the parent-child legal relationship, the county department shall:
1. Work with the county's attorney in preparation of the court case.
2. Provide a treatment plan for the court's approval.
3. Cooperate with any guardian ad litem for the case.
4. Provide prepared staff to testify at the termination hearing, identify other witnesses, and assist in preparation of witnesses.
5. Keep parents, children, and appropriate interested parties informed regarding hearings and the status of the case.
6. File a motion for termination no less than 30 calendar days before the hearing.
H. Prior to and following termination of the parent-child legal relationship by the court, the county department shall:
1. Consider legal custody or adoption by relatives when in the child's best interests.
2. Determine resources available for an adoptive placement or alternative permanent plan which best meets the needs of the child.
3. When filing a motion to terminate parental rights, county staff shall begin efforts to recruit, identify, process and approve a qualified adoptive family for the child and document such efforts in the Family Services Plan.
4. Prepare a report for the court to be presented at a hearing scheduled within 90 calendar days following the date of termination. The report shall indicate what disposition of the child's case has occurred.
I. Permanency hearings are required to be held if a termination is under appeal or if a child is in a pre- adoptive placement following termination.
J. When the county department has legal custody/guardianship following termination of the parent-child legal relationship, the county department shall not close the child's case until:
1. The child is adopted; or, 2. The child reaches 18 years of age and the court does not continue its jurisdiction; or, 3. The child is emancipated before 18 years of age; or, 4. The court transfers legal custody to another individual or agency; or, 5. The court otherwise terminates the county department's legal responsibility.
7.304.6 PLACEMENT ACTIVITIES
7.304.61 Pre-Placement Activities
A. The child shall have a medical examination before placement or a screening as soon as is reasonably possible after placement. The county department shall assure that the screening is consistent with the Early Periodic Screening Diagnosis and Treatment initial screening described in Section 8.286.01 of the Department of Health Care Policy and Financing's Medical Assistance manual (10 CCR 2505-10). If a medical, dental, or psychological evaluation is necessary and cannot be covered under Medicaid, third-party insurance, or other sources, the county department may purchase it under program services. See General Information and Policies section (7.000) and Resources, Reimbursement, and Reporting Section (7.400) of this manual.
B. Prior to the placement of a child in a child placement agency or county family foster home, the placing agency may review the written family assessment, home study, and background checks of the foster parent(s) for use in determining if the home is appropriate for the needs of the child.
C. When the child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate capable, willing, and available joint placement for all of the children in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by the county by a preponderance of evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children. If the child is a part of a sibling group, the county shall make thorough efforts to locate a joint placement for all of the children in the sibling group unless it is not in the best interests of the children to be placed as a group and these efforts do not unreasonably delay permanency for any child. Efforts to place siblings as a group shall be documented in the child’s case record.
D. The county department shall share all available information about the child, including relevant social, medical and educational history, behavior problems, court involvement, parental visitation plans, and other specific characteristics of the child, with the provider before placement. It shall share additional information when obtained. The county department shall inform foster parents of court hearings involving children in care.
E. A child's foster care placement shall not be delayed in order to recruit a same race home when a foster family is available who is of other ethnic or racial identity than that of the child.
F. The county department shall document all pre-placement activities in the case file.
G. The county department shall execute the Provider Contract and Agreement with county department certified foster homes and county department supervised group homes, and the agreement to purchase Child Placement Agency or Residential Child Care Facility services with Child Placement Agencies and Residential Child Care Facilities before placement. The Agreement to Purchase form is child specific and shall be completed for each child placed through a Child Placement Agency or with a Residential Child Care Facility. Placement contracts shall specify the responsibilities of the provider and the county in the services to be delivered to the child and family in conjunction with the Family Services Plan.
7.304.62 Placement Activities [Rev. eff. 1/1/09]
The county department shall:
A. Give the provider a written record of the child's admission to the home at the time of placement.
B. Give the provider a written procedure or authorization for obtaining medical care for the child and assure that the provider receives the child's state identification number and Medicaid card for Medicaid eligible children in a timely manner.
C. Give the provider a copy of the Family Services Plan for the child at the time of placement or when it is completed following placement.
D. Document the above placement activities in the case file.
E. Add the placement in the Department's automated reporting system prior to the next payroll.
F. Within four weeks of the initial placement, give the provider a complete medical history for the child. The medical history shall contain, to the maximum degree possible, the information listed in the Department of Human Services Health Passport.
G. Provide the child with a full medical examination scheduled within 14 calendar days after placement and a full dental examination scheduled within 8 weeks after placement. The schedule of the appointments shall be documented in the case record. The county department shall maintain the medical and dental information in a record which is kept with the child during placement and upon return home, emancipation, or adoption. The county department shall document that ongoing medical and dental care is provided in a timely manner as defined by the department and by the health care provider. If the child received the required full medical examination at the time of the placement, then the regular schedule of appointments should be maintained in subsequent placements.
H. Document the exceptional circumstances which require an emergency or temporary placement to last longer than 60 calendar days.
I. Except in emergency situations, make subsequent placements according to court order and shall notify all parties to the extent possible.
J. Not move a child from one short-term emergency placement to another unless all reasonable efforts to return the child to the child’s home or to place the child in a more permanent setting have been exhausted and are documented in the Family Services Plan.
K. Not move a child more than twice unless such move results in a permanent placement or is determined to be in the best interests of the child and the reasons for the additional move are documented in the child's Family Services Plan.
L. Assure that all children placed in a Residential Treatment Center program be assessed for the appropriate level of care. The assessment tool used to assess for the appropriate level of care is the Colorado Client Assessment Record (CCAR).
M. Notify the guardian ad litem, parent(s) or legal guardian within one (1) business day upon a child's placement into a foster care home. The guardian ad litem's contact information shall be provided to the foster parents.
N. Provide notice of administrative review to foster parents, pre-adoptive parents, or relatives providing care to a child and, upon written request, a written notice of the court hearing, which identifies the following:
1. The child's current court case number;
2. The date and time of the next court hearing; and, 3. The name of the magistrate or judge and the court division to which the case was assigned.
O. Not release personally identifying information. Upon receipt of written notice by a foster parent, employees of State and county departments, or others with the need to know, shall be prohibited from releasing personally identifiable information about a foster parent, other than the first name, to any adult member of the foster child's family, unless the foster parent subsequently provides written consent for the release of information.
P. Refer to Section 7.406.1, F, for the applicable criteria when a child will be absent from the designated out-of-home placement and the county elects to reimburse the provider using the seven (7) day or thirty (30) day policy.
7.304.63 Out of State Placement Activities
A. All out-of-state placements for kinship, foster, group, or residential care must comply with the Interstate Compact for the Placement of Children, Section 7.307.
B. County departments must follow federal guidelines and shall not place children out of state who are in care under a placement contract (voluntary placements). Such placements can only be made by a parent or guardian.
7.304.64 Visitation and Supervision [Eff. 11/1/2008]
A. Contact between the county department and the child shall be documented in the child's case record.
B. In all cases where counties have primary responsibility for a child in out-of-home placement, an appropriate visitation plan shall be established and documented in the child's case record. The visitation plan shall specify the frequency and type of contact by the parents (unless parental visitation is determined to be detrimental to the child) and others with the child, as appropriate. At a minimum, the visitation plan should provide methods to meet the following interests and needs of the child:
1. The growth and development of the child;
2. The child's adjustment to the placement;
3. The ability of the provider to meet the child's needs;
4. The appropriateness of parent and child visitation, including assessment of risk;
5. The child's contact with parents, siblings, and other family members;
6. The child's permanency plan.
C. When a child in foster care and a sibling (defined in Section 7.000.5, Y) mutually request a visit or regular visits, or the guardian ad litem requests visits on behalf of a child, the county department shall perform and document the following activities in the visitation plan and contact notes: [Eff. 11/1/2008] 1. That visits are scheduled in a reasonable amount of time and with sufficient frequency to promote continuity of the relationships. [Eff. 11/1/2008] 2. That the county department has determined that it is not in the best interests of one or both of the children. [Eff. 11/1/2008] 3. That there has been consultation with the District Attorney to determine whether a criminal action is pending in any jurisdiction where either sibling is a victim or witness, prior to arranging a visit. [Eff. 11/1/2008] 4. That a visit is not required or permitted because it would violate a known existing protection order pending in any state. [Eff. 11/1/2008] 5. A child in foster care shall be informed of the right to sibling visits. [Eff. 11/1/2008] D. Visitation between the child and his/her family shall increase in frequency and duration as the goal of reuniting the family is approached. The caseworker shall document this increase in visitation in the child's case record. [Eff. 11/1/2008] E. The county department will notify parents of any determination which affects their visitation rights. The caseworker shall keep a copy of this notification in the case record. [Eff. 11/1/2008] F. In cases where the goal is not to reunite the family, the caseworker shall discuss the issue of separation and help define the child's future relationship with the family. The caseworker shall document this discussion and planning in the case record. [Eff. 11/1/2008]
7.304.65 Administrative Review
Definition:
Administrative Review means a review conducted by the Colorado Department of Human Services, Administrative Review Division, that is open to the participation of the parents of the child and the out-of- home care provider, and conducted by an Administrative Reviewer, who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. If there is no objection by any party to the action, the court may order that an Administrative Review substitute for a court review. All attorneys of record must be invited to court ordered Administrative Reviews.
A. The county department shall participate in the statewide Administrative Review system for all children in foster care and Core Services who meet the criteria for inclusion in the review system.
B. The county department shall provide all required case records, documentation and information to the Administrative Reviewer no later than 8:00 a.m. the day of the scheduled review to allow the reviewer sufficient time to read the case file in its entirety prior to each scheduled review.
C. The county department shall provide office space for case record review, teleconference capability, and face-to-face reviews.
D. The county department shall coordinate, with the Administrative Reviewer, timely scheduling of all initial and subsequent Administrative Reviews.
E. The county department shall invite parents, out-of-home care providers, pre-adoptive parents, kin who are providing out-of-home care for the child, and the guardian ad litem to the Administrative Review in order that these individuals will have opportunity to be heard. Children over the age of twelve shall be invited and encouraged to attend.
F. If an Administrative Review has been ordered by the court and no objection has been made to the substitution of the Administrative Review for the court review, the county department shall also invite to the review all attorneys of record in the case. When an Administrative Review substitutes for a court review, the county department shall complete a case summary containing the same information that would be submitted in a court report as required in Section 7.002.1, and the county shall submit this written summary with the Administrative Review findings to the court. An Administrative Review may substitute for permanency hearings when the court has appointed or approved the Administrative Review Division as the administrative body which may conduct these reviews. Procedural safeguards of the permanency hearing shall be extended by the Administrative Review Division.
G. The county department shall send letters of invitation to all review participants at least two weeks prior to scheduled reviews, and ensure that copies of these letters are filed in the case record prior to the time of the review. Notification shall include date, time, location, and purpose of the review. If the case involves an Indian child, the requirements at 25.U.S.C. Section 1912(a) apply The parent or Indian custodian and the Indian child's tribe shall be sent notice at least two weeks prior to the scheduled review by registered mail with return receipt requested.
H. The county department shall encourage all invitees to attend Administrative Reviews (see Section 7.304.661, A, regarding, provider attendance). If an individual is unable to attend, participation by conference call shall be offered.
I. Administrative Reviews shall be held at the county department having custody of the child, irrespective of the location of the child's placement.
J. Administrative Review Findings Copies of Administrative Review findings shall be filed in the case record and a summary of those findings shall be included in court reports. For those cases in which an Administrative Review substitutes for a court review, counties shall submit a copy of the actual review findings to the court with the county's court report.
K. Confidentiality 1. The federal confidentiality requirements at Section 471(a)(8) of the Social Security Act provide safeguards which restrict the use of, or disclosure of, information concerning individuals served by the child welfare agency, and these same rules apply to the Administrative Review process.
2. Audio and/or video recording of Administrative Reviews shall not occur without releases of confidentiality forms signed by all parties to the case prior to recording.
7.304.66 Monitoring of Purchased Services for Out-of-Home Placement and Core Services
7.304.661 Out-of-Home Placement
A. The county department shall contract with providers for specific services using the state prescribed contracts. The contract shall specify the responsibilities of the provider and the county for services to be provided to the child and family, in conjunction with the Family Services Plan. The county department shall monitor the services purchased from Residential Child Care Facilities, Child Placement Agencies, Core Service Program and all out-of-home providers at least monthly, by face-to-face or telephone contact with the provider. The county department shall contract with providers to submit written quarterly progress reports to the county department and to attend Administrative Reviews in person or by conference call. The county department shall participate in staffings or planning meetings on a regular basis as defined in the case plan. The county shall contract with providers to comply with the county designated visitation plan as specified in the placement agreement.
B. The county department shall reassess the case plan with the provider at least every six months and document progress toward goals, including discharge planning. It shall make necessary modifications to the plan based on mutual treatment planning with the provider.
C. If there are problems or complaints concerning the care or treatment of a child in a purchased Residential Child Care Facility or Child Placement Agency placement, or Core Services Program services, or a report of violations of child care standards, the county department shall report the circumstances to the licensing or certifying authority within 24 hours. If the nature of the complaint involves an allegation of abuse or neglect, a report to the local investigating authority shall be made within 24 hours.
7.304.662 Core Services
A. Counties with a state-approved Core Service Program plan may directly provide or purchase Core Service Programs.
B. If a Core Service Program is purchased, state rule requirements in this manual. Section 7.003, “Purchase of Services” , shall be followed.
C. When the county purchases Core Services, the county has the responsibility to select contractors who have the skills and resources to deliver the services for which they are contracting. Counties shall monitor all purchase of services contracts to insure that contracted services are delivered.
D. Core Services may be purchased and provided for a child placed out-of-state with written state department approval.
E. County departments shall adhere to state guidelines regarding coding and state reimbursement requirements for provided or purchased services.
F. County Core Service Programs may only be used for a child in out-of-home placement when services are not available through the contract with the out-of-home provider or the county negotiates a lower rate with the provider.
G. Core Service Programs may only be used for clients when the client's private insurance and/or other funding sources are exhausted, insufficient, or inappropriate.
H. Core Service Programs that have duplicative components cannot be provided/purchase at the same time.
7.304.67 Post-Placement Activities
A. The county department shall update the status of the child in the Department's automated reporting system within seven calendar days following termination of the placement.
B. The county department shall complete a written summary within 30 calendar days after termination of the placement. This summary may be included as part of a court report, six month summary, or case closing summary. The summary shall document that the caseworker has:
1. Discussed with the child and family the goals that have been achieved and not achieved.
2. Established a clear plan for follow-up services if needed.
3. Involved the foster care provider in the evaluation of services, progress, and the child's further needs.
C. The county department shall follow all required eligibility and documentation procedures to confirm the placement change.
7.304.7 RIGHTS AND RESPONSIBILITIES OF FOSTER PARENTS AND PROVIDERS
7.304.71 Rights of Foster Parents
A. The foster parents have a right to a notice of legal status on children in their care and a right to declare their intent to adopt or not to adopt.
B. For a relinquished child, the foster parents may be given custody of a child who has been in their home for more than a year.
C. The court may award guardianship of a child to a foster parent.
7.304.72 Rights of Kinship Care Providers
A. Children may be placed with a relative or other suitable person under the legal status of protective supervision.
B. The court may, if in the best interests of the child, give preference to a grandparent who is appropriate, capable, willing, and available to care for the child in decisions relating to legal custody and determination where and with whom a child shall live.
C. Grandparents have certain visitation rights under the law.
D. Evidence of grandparents' past conduct of any child abuse or neglect shall be considered when grandparents seek the placement or custody of their grandchildren.
E. When the parent-child relationship is terminated, grandparents, aunts, uncles, brothers, or sisters of a child may request guardianship and legal custody, and the court shall give preference to them if it determines that the placement is in the best interests of the child.
7.304.73 Rights of Denied Foster Parent Applicant
Refer to Section 7.500.351, E, for this information.
7.304.74 Responsibilities of Foster Parents
As the provider, the family foster parents shall:
A. Participate with the county department as an active team member in case planning and service delivery, including attendance at staffings and meetings, as specified in each child’s Family Services Plan and the CWS-7C. The provider’s signature on the Family Services Plan is required for each child placed.
B. Work actively with families of origin before, during, and after placement as specified in each child’s Family Services Plan and the CWS-7C form.
C. Keep weekly records of each child’s behavior and progress and submit those records monthly to the county department. Copies shall be maintained in the child’s file kept by the provider.
D. Provide written notice to employees of the Department of Human Services and of county departments or other individuals with a need to know, if the foster parent does not want personally identifiable information provided to adult members of the foster child's family. Written notice may be subsequently provided to the parties aforementioned for release of personally identifiable information to the foster child's family; such information shall include the consent to release information, the foster parent's signature, and the date.
7.305 INDEPENDENT LIVING AND CHAFEE FOSTER CARE INDEPENDENCE PROGRAMS (CFCIP)
7.305.1 INDEPENDENT LIVING
Independent Living includes programs and services to prepare youth in out-of-home care for the transition from a structured living environment to living on their own. Services for all children in out-of- home care should include efforts to build life skills competency; however, such services are mandatory for youth age 16 and over. Other planned permanent arrangements through emancipation as a permanency goal shall only be used for youth who are 16 to 21 years of age (see Section 7.301.24, O).
7.305.2 DEFINITIONS
"Emancipation" - For purposes of the Colorado Children's Code and the delivery of social services, emancipation is considered to occur when a youth reaches age 18 and is no longer under the jurisdiction of the court, or is married, or enters military service. "Independent Living Arrangement (I.L.A.)" - A placement in foster care defined by the Colorado Children's Code, where a youth lives independently in the community under the supervision of the county department. Receiving funds is not a necessary condition for a youth to be in an I.L.A. Youth shall receive casework services on I.L.A. with or without receipt of the I.L.A. stipend. "Independent Living Assessment" - An evaluation of the youth's daily living skills. This assessment should document the youth's strengths, needs, as well as capacity and motivation to learn the appropriate skills. "Independent Living Plan (I.L.P.)" - Part of the Family Services Plan that includes those services designed to promote or enhance a youth's capacity to make a successful transition from out-of-home care to living independently and maintaining self-sufficiency.
7.305.3 SPECIFIC PROCEDURES
A. The county department shall assess all youth in foster care who have reached the age of 16 for independent living services and complete the independent living section of the Family Services Plan. This assessment and planning for independent living is required regardless of the specified goal of the case plan.
B. The county department's assessment shall include documentation of:
1. The youth's capacity for self-sufficiency and self-support by reviewing daily living skills.
2. An evaluation of individual, family, community, and financial support resources available to promote emancipation or semi-independent living.
C. Independent Living Plan (ILP)
Following assessment, the independent living plan shall be developed jointly by the youth, caseworker, care provider(s), and other significant persons or agencies.
D. Criteria and Use of Independent Living Arrangements The county department may make an independent living arrangement for youth ages 16 to 21 when the following criteria have been met:
1. The county department has legal authority for placement.
2. Placement in the independent living arrangement follows a period in out-of-home care or a period in an approved Core Services Program provided or purchased by the county. If the period in foster care or the Core Services Program immediately preceding an independent living arrangement is less than 30 calendar days, county administrator approval must be noted in the case file.
3. The county department shall establish a written policy for the use of the independent living arrangement stipend. The policy shall address the following:
E. The county shall close a case on the Department's automated reporting system by the end of the month following the month of last contact with the youth.
7.305.4 CHAFEE FOSTER CARE INDEPENDENCE PROGRAM (CFCIP) - TITLE IV-E
INDEPENDENT LIVING GRANT INITIATIVE The Chafee Foster Care Independence Program (CFCIP) is a federally funded statewide independent living program that is county administered.
The purpose of the Chafee Foster Care Independence Program is to provide age appropriate independent living resources to youth in care who are at risk of aging out of foster care, which includes youth age 16 and under in out-of-home placement who have a permanency goal of other planned permanent living arrangement/long term foster care; youth in out-of-home care age 16 to 21 with permanency goals of other planned permanent living arrangement/emancipation or other planned permanent living arrangement/long term foster care; and, emancipated young adults age 18 to 21, who were in out-of-home care on their 18th birthday. These services shall supplement existing independent living resources and programs in county departments, Residential Child Care Facilities and Child Placement Agencies and by federal statute, shall not replace or duplicate existing services. Chafee Foster Care Independence Program funds shall not be used for room and board for a youth under 18 years of age.
7.305.41 County Responsibilities
A. The designated host county department shall submit a county plan for State approval.
B. The county department shall comply in format, content, and time lines with the instructions for Chafee Foster Care Independence Program plans as published by the State Department in an agency letter which will also contain required instructions for program and financial reporting.
C. The county department’s responsibility is to administer the plan in accordance with provisions of the plan and other supporting State rules.
D. Funds shall be used exclusively for the purposes specified in the plan.
E. County departments must submit amendments to approved plans when the county is proposing to add or delete a service to the plan. The county department shall submit amendments of the Chafee Foster Care Independence Program plan to the State Department no less than 30 working days before the amendment is to be effective.
7.305.42 Eligibility
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 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; youth in out-of-home care age 16 to 21 with permanency goals of other planned permanent living arrangement/long term foster care; or emancipated young adults age 18 to 21 who were in out- of-home care on their 18th birthday.
C. Have a Family Services Plan.
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 by county departments regarding participation in the Chafee Foster Care Independence Program.
7.306 ADOPTION SERVICES
The county department shall ensure that adoption services are provided as a service on the continuum of protective services to children. All children who are unable to return to their own home should be considered for adoption. Proceeding with termination of parental rights implies that the county will actively pursue adoption as the permanent plan for the child(ren).
7.306.1 PRE-PLACEMENT SERVICES
7.306.11 Evaluation of Child's Needs [Eff. 02/01/2009]
A. The county department shall assess the child's readiness for adoption.
B. The county department shall make thorough efforts to place siblings together in adoption and document such efforts in the Family Services Plan. When the child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by the county by a preponderance of evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.
C. If the current caregiver is an appropriate resource, the worker will complete the Colorado Adoption Resource Registry (CARR) exclusion form and send the form to the State’s adoption unit.
D. Available resources for adoption shall be assessed and a recruitment plan developed if there is no adoptive family identified. Recruitment efforts begin when the permanency goal becomes adoption and should use all resources available. The county shall document, in the Family Services Plan, efforts to recruit and locate a permanent home for any child whose parental rights have been terminated and who is in the guardianship of the county with the right to consent to adoption.
7.306.12 Child's Right to Information [Eff. 02/01/2009]
Information regarding a child's birth family shall be maintained in the adoption record.
7.306.13 Child's Social Study [Eff. 02/01/2009]
Social history and medical information shall be collected on all children whose parental rights are relinquished or terminated.
A. Basic information shall include, but not be limited to:
1. Birth certificate 2. Legal custody documents 3. Record of placements 4. Family, social, educational, medical and genetic history 5. Emotional, psychological and developmental evaluations.
B. Information in the record should be updated when changes occur or additional information is available that would affect the child's readiness for adoption.
7.306.14 Colorado Adoption Resource Registry (CARR) [Eff. 02/01/2009]
A. Referral to Colorado Adoption Resource Registry The county department shall submit a Child's Profile for photo listing or a Request for Exclusion to the Colorado Adoption Resource Registry:
1. If no adoptive home has been found for the child within 90 calendar days following relinquishment or termination of the parent-child relationship.
2. Following a disruption of an adoptive placement before legal finalization. The child shall be listed or excluded 90 calendar days from the date of the disruption.
3. Registration with CARR
4. Make a diligent search of the child’s record for possible permanent placement(s) or other permanent connections. Any possible resources should be interviewed as to their willingness and/or availability as a placement for the child.
5. Interview the child regarding possible permanent placement resources.
B. Exclusion from Colorado Adoption Resource Registry The county department may decide that the best interest of the child will not be served by a Colorado Adoption Resource Registry photo listing. The county department shall determine the reason for the exclusion from listing and send the Request for Exclusion to the State adoption unit. The county shall use the following criteria for determining reasons for exclusion:
1. An adoptive family has been found for the child or the foster parents will petition to adopt within 90 calendar days of the date the child is legally free for adoption. If the foster parents do not petition to adopt within the 90 calendar days, the child(ren) shall be photo listed with the Colorado Adoption Resource Registry and another family will be recruited for the child(ren). If there is a compelling reason that the county department and State adoption unit agree is appropriate for delaying filing of the adoption petition, this reason is to be submitted to the State adoption unit by the county department. The State adoption unit will review the foster care placement until such time as the petition to adopt is filed or the child is photo listed with the Colorado Adoption Resource Registry. If an approved family has been identified as an adoptive home for a child and if the child has not moved into the adoptive placement within 90 calendar days of termination, the county shall photo list the child with the Colorado Adoption Resource Registry. If there is a compelling reason that the county department and the State adoption unit agree is appropriate for delaying filing of the adoption petition, this reason is to be submitted to the state review team by the county department. If the compelling reason for delaying filing the petition is approved, the state review team will review the foster care placement until such time as the petition to adopt is filed or the child is photo listed with the Colorado Adoption Resource Registry.
2. The child is:
7.306.15 Selection of an Adoptive Family for a Child
A. The county department shall use all resources available to find a home for the child. The county shall not deny or delay the placement of a child for adoption when an approved family is available outside of the county or state. If a family with an approved home assessment from another county or state requests a fair hearing, it shall be provided to the family.
B. The county department shall comply with the Indian Child Welfare Act in placing any eligible Native American child. See Indian Child Welfare Act of 1978, Section 7.309.
C. In accordance with Section 19-5-206(3), C.R.S., an adoptive placement shall not be delayed or denied when an adoptive family of other ethnic or racial identity than that of the child is available.
7.306.16 Purchase of Adoption Services for a Child
See Adoption Resources, Program Area 7, Purchase of Adoption Services from Individual Providers (7.500.355) and Purchase of Adoption Services from Agency Providers (7.500.356).
7.306.2 PLACEMENT SERVICES [Eff. 02/01/2009]
The county department shall:
A. Conduct a face-to-face presentation interview with the prospective adoptive parent(s). If the adoptive resource is a two-parent family, both parents shall be present for the interview. The presentation interview shall be recorded via some type of audio-recording device. Two copies of the recording shall be made.
1. One copy shall be kept with the child’s file.
2. The second copy shall be provided to the prospective adoptive family to accompany all of the written documentation that the family receives at the end of the presentation interview.
B. The county department shall provide all non-identifying information contained in the child's record to the prospective adoptive parent(s).
C. All of the information provided (physically and verbally) shall be documented on the State’s approved form, signed by the family, then placed in the child’s record.
D. If the family decides at a later time not to move forward with adoption or maintain a permanent relationship with the child, all information provided to the prospective adoptive family must be returned to the agency.
7.306.21 Placement Activities [Rev. eff. 8/1/06]
The county department shall complete the following documents and reports:
A. Consent form for out-of-state travel and medical care.
B. The Adoption Placement Agreement, at the time the child is legally free and placed in the home.
C. The information sharing form, at the time a child is legally free for adoption and the prospective adoptive parents have made a decision to proceed with the adoption.
D. At the time the county department changes the child's status from foster care to adoption, the Department's automated reporting system shall be closed in the child's birth name and opened under the new adoptive name. In addition, a new state identification number shall be reissued in the child's adoptive name.
E. When a child in an adoptive placement whose adoption is not finalized has a name and state I.D. number change entered into the Department's automated reporting system, the county department shall provide the following information to the Administrative Reviewer: the child's new name, state I.D. number, current approved level of care, and the next appropriate review date (six months from the date of the most recent review).
F. The county shall request that the court expedite the finalization of the adoption when the child(ren) to be adopted has been in the home as a foster child(ren) for at least six months prior to the filing of the petition to adopt. Written documentation of the request shall be in the record. If the county does not request that the adoption be expedited, the State shall withhold State funds for the placement from the date of the adoption petition until the date of finalization.
G. The county shall file a motion with the court to open the hearing to the public when all parties have consented and when it is in the best interests of the child who is, or the children who are, the subject of the adoption hearing.
H. When a child is placed for adoption into another Colorado county, the county of residence where the child is placed shall open Medicaid when the child is receiving subsidized adoption assistance. The placing county shall send written notification to the resident county to expedite timely opening of the Medicaid benefits.
7.306.22 Social Security Benefits for Children in Adoptive Placement [Eff. 02/01/2009] A. The county department shall inform adoptive parents of the potential eligibility for Social Security benefits of any child placed with them for adoption.
B. When a child becomes eligible for Social Security benefits and the child is receiving adoption assistance, the family must inform the agency of the receipt of these benefits.
7.306.3 POST-PLACEMENT SERVICES [Eff. 02/01/2009]
Following placement, the county department shall:
A. Provide services to the child and the adoptive parents to integrate the child into the family, unless the child is eligible for and receiving other post legal adoption services.
B. Review the information sharing acknowledgment form with the adoptive parent(s); all parties shall date and initial it before the finalization of the adoption.
C. Inform the family of the legal procedure for adoption, and complete and submit a report to the court regarding the adoptive placement as required by the Colorado Children's Code.
D. Place a copy of the adoption petition and the final decree of adoption in the child's record.
E. Close finalized adoption records of children for whom the county consented to the adoption and maintain in a secure location in the county department. Within ninety (90) days of the final adoption hearing, the county department shall prepare the adoption record for closing. All information related to the child and adoptive family gathered during the adoptive process shall be included in the closed (sealed) finalized adoption record.
7.306.31 Adoption Assistance [Eff. 02/01/2009]
Adoption assistance is a post-placement service (see Adoption Assistance Services, Section 7.306.4).
7.306.32 Adoption Placement Disruption
The child's county of custody shall formulate a new Family Services Plan or the approval of such plan if the placement disrupts prior to finalization.
7.306.33 Inter-Country Adoptions
The county department shall, only upon approval of the State adoption unit of the Colorado Department of Human Services, provide services to a child being adopted from a foreign country, either directly from the foreign country or through an agency in another state.
7.306.34 Adoption Records [Eff. 02/01/2009]
A. The county department shall maintain a record for the child in its custody who is approved for adoptive placement. It shall ensure that all documentation related to the child's adoption is in the record. The following must be included, but is not limited to:
1. Court order issued at the time of initial removal;
2. Voluntary placement agreement, if applicable;
3. Order for termination of parental rights or order for relinquishment of parental rights;
4. Child study (social history);
5. Adoptive family’s application;
6. Adoptive family’s home study and any updates, as necessary;
7. Documentation of the child’s special needs (7.306.4, A, 3, d, 1-5);
8. Documentation of child’s tribal affiliation, if applicable;
9. Time and date-stamped petition for adoption;
10. Final decree of adoption.
B. Upon completion of legal adoption, the county department shall close the case on the Department's automated reporting system within 30 calendar days, unless the child receives adoption assistance.
C. Within 90 calendar days of the date of finalization of the adoption, the county will send to the Division of Child Welfare basic data on the family and children for entry in the statewide database using the State’s approved form. This information shall be supported and reflect what is in the automated case management system.
D. In adoption assistance cases, the county department shall maintain a separate record to include the following items as long as the adoption assistance agreement is in effect for the child and family. Upon termination of this adoption assistance agreement, the record shall be closed.
1. Current adoptive home study and any necessary updates;
2. Child's Summary and Application for Adoption Assistance;
3. Initial Adoption Assistance Agreement;
4. Court Order issued at time of initial removal;
5. Voluntary Placement Agreement, if applicable;
6. Subsequent Order on Review for Need of Placement, if applicable;
7. Review of Adoption Assistance Agreement and three year reviews of need for adoption assistance or any amendments of the original adoption assistance agreement;
8. Adoption Assistance Title IV-E Eligibility Determination Form;
9. Title IV-E Foster Care Eligibility Determination Form;
10. Title IV-E Redetermination of Eligibility Determination Form(s);
11. A copy of the Social Security Income Eligibility Notification;
12. Petition to Adopt time and date-stamped by the court;
13. Final Adoption Decree;
14. Orders terminating parental rights;
15. Appeal Petition of the termination and Final Order resolving appeal of the termination;
16. Indian Child Welfare cases, if known tribal affiliation;
17. Documentation of the child’s special needs (7.306.4, A, 3, d, 1-5);
18. Motion to court to expedite the date of the final hearing, if applicable.
E. County departments providing adoption assistance to children from private non-profit adoption agencies or relatives shall maintain in a secure location at the county the records containing the adoption assistance information listed in subsection D, above.
F. County departments providing a subsequent adoption assistance agreement to children whose previous adoption was dissolved shall maintain, in a secure location at the county department, the records containing the adoption assistance information listed in subsection D, above. Additional required information includes:
1. New documentation assessing and identifying the child’s continuing special needs; and, 2. All of the adoption assistance forms and documentation from the previous adoptive family.
G. County departments providing an adoption assistance agreement to children who were in foster care with their teen parents shall maintain, in a secure location at the county department, the records containing the adoption assistance information listed in subsection D, above. Additional required information must include proof of foster care payment made that includes both the child and his/her teen parent.
7.306.35 Release of Information from Closed Records
A. Pursuant to statute, the state department or the county department shall release directly or select licensed child placement agencies to release non-identifying background information from closed records to adoptees 21 and over or adoptive parents. The criteria for selecting such child placement agencies is outlined in Section 7.710.8.
B. Identifying information may be released from a closed adoption record only by court order.
7.306.4 ADOPTION ASSISTANCE SERVICES [Eff. 02/01/2009]
Colorado operates two adoption assistance programs: the Title IV-E program and the state and county- only (non-IV-E) program.
A. Applicable to both programs:
1. The federal government participates in adoption assistance agreements on behalf of children who meet the eligibility criteria for the Title IV-E adoption assistance program.
2. The state and county participate in adoption assistance agreements on behalf of children who are not eligible for the Title IV-E program.
3. Adoption assistance is a program that provides assistance to adoptive parent(s) in certain defined and limited ways to provide for the needs of an eligible adopted child. Adoption assistance is intended to help or remove financial or other barriers to the adoption of Colorado children with special needs by providing assistance to the parent(s) in caring for and raising the child.
4. If the child is legally available for adoption and reunited with his/her birth parent(s), the child is not eligible for adoption assistance.
5. Medicaid is available to all Colorado children who have an adoption assistance agreement.
6. Families who adopt children who meet the criteria for adoption assistance are eligible for non- recurring adoption expenses.
7. The contact requirements in Section 7.001.6 shall be used prior to finalization and contacts shall be documented in the case file.
8. Case services payments may be part of an adoption assistance agreement; these payments can be made directly to the providers of service or to the adoptive parent(s).
B. Target groups for adoption assistance agreements:
1. Children whose special needs are a barrier to their adoption are legally available for adoption and are in the custody of a county department and the county has guardianship of the child with the right to consent for adoption.
2. Children who are in the custody of a relative, tribe, or licensed non-profit child placement agency and meet the eligibility criteria to participate in one of Colorado’s adoption assistance programs.
3. The county department, agency, tribe, or relative requesting the adoption assistance agreement is financially responsible for the care of the child.
C. County requirements for adoption assistance:
1. The county department shall obtain and document the diagnoses and prognoses of the child’s needs that are barriers to the adoption.
2. The documentation shall include, but is not limited to:
3. The county department shall determine the child’s eligibility for adoption assistance on the State-prescribed form no later than the calendar month that the adoption petition is filed.
4. The county department shall ensure that all parties sign the adoption assistance agreement before the adoption is finalized.
5. The family shall be informed in writing of its right to a fair hearing.
7.306.41 TITLE IV-E ADOPTION ASSISTANCE PROGRAM [Eff. 02/01/2009]
A. Pathways to Eligibility Title IV-E adoption assistance services may be provided to children whose special needs are a barrier to their adoption, who are legally available for adoption, and:
1. Are in the custody of the county department via a court-ordered removal;
2. Have Social Security Income (SSI) eligibility;
3. Are IV-E eligible in a previous adoption;
4. Are in mutual foster care placement with a county department;
5. Were initially removed via voluntary placement agreement;
6. Were voluntarily relinquished to a public or private licensed non-profit child placement agency;
7. Are in the custody of a relative and the children are IV-E eligible.
B. Requirements for Eligibility 1. A child must be removed from his/her home by a court order that contains the requirements in Section 7.001.41, B.
2. Have Social Security Income (SSI) eligibility.
3. Are IV-E eligible in a previous adoption and the adoptive parents have relinquished, had their parental rights terminated, or died and the children are placed in a subsequent adoptive placement, then the children retain Title IV-E eligibility for adoption assistance in their new adoptive placement. Additional requirements for this pathway to eligibility include:
4. Are in mutual foster care placement with a county department.
5. Are in foster care by voluntary placement agreement with a county department (a tribe or another public agency with which the state/county has a Title IV-E agreement). The child must meet the requirements outlined in Section 7.001.41, E.
6. A child who was voluntarily relinquished to a public or private licensed non-profit agency must meet the requirements in Section 7.001.41, F., and:
7. After children have been determined eligible for Title IV-E adoption assistance payments and/or Title IV-E Medicaid benefits, Title IV-E eligibility continues as long as there is an adoption assistance agreement in effect.
C. Foster Care Placement of a Child Under an Adoption Assistance Agreement 1. Title IV-E eligibility must be determined when a child is dually placed in foster care and adoption assistance. The child does not automatically retain the Title IV-E eligibility.
2. The State prescribed form must be completed using the adoptive parent’s income.
3. The child, upon returning to the adoptive parent(s)’ home, continues to be eligible for the Title IV-E adoption assistance agreement.
D. Eligibility Determination for Medicaid in Title IV-E Adoption Assistance 1. Children with an effective subsidized adoption agreement are eligible for Medicaid in the state they reside. See Medical Resources section, County Procedures for Medical Coverage for Subsidized Adoption Cases (Section 7.402, et seq.).
2. An adoption assistance payment is not required to extend Medicaid coverage.
3. Colorado is a member of the Interstate Compact on Adoption and Medical Assistance. Procedures for completing and complying with the compact are in the Medical Resources section, Children Moving Out of State (Section 7.402, et seq.).
4. Medicaid eligibility shall be continued for IV-E eligible children who are out of the home for more than thirty (30) calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State approved form. See General County Department Requirements (Section 7.402, et seq.).
5. Medicaid eligibility for all children receiving Medicaid shall be re-determined yearly only if the child continues to be eligible for Medicaid. This can be done by completing the State 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.
E. County Process for Title IV-E Adoption Assistance Agreements 1. Determine and document a child’s special needs and eligibility for adoption assistance.
2. Utilize financial information regarding the family including assets, liabilities and insurance benefits in negotiating the initial agreement, and any subsequent increases in adoption assistance.
3. The adoption assistance agreement shall be established in accordance with the county department’s written policy. The policy shall outline the criteria used for determining the amount of adoption assistance.
4. It is not permissible for a county to include a statement in the adoption assistance agreement that IV-E adoption assistance payments and/or services are subject to the appropriation of state funds.
5. Make a good faith effort to negotiate an adoption assistance agreement with the adoptive parent(s). The county shall base the negotiation on the special needs of the child and the circumstances of the adoptive parent(s). If the parties cannot come to an agreement, the county department shall establish the subsidy amount. If the family disagrees with the decision, a fair hearing can be requested.
6. Negotiate with the adoptive parents to request the amount that is needed by the family to meet the child's special needs. This may be less than the amount for which the child qualifies.
7. The county shall establish a maximum amount that could be provided to a family. The amount shall be no more than the rate that is being paid for the child’s current out-of-home care or that would have been paid if the child were in paid out-of-home care today. The monthly respite care payment that is provided under the foster care program is not a benefit under the adoption assistance program.
8. If a child with developmental disabilities is receiving an allowance in addition to the foster care payment at the time the child is placed for adoption, the allowance may continue under the adoption assistance program if the child continues to meet the criteria outlined in “Child with Adoption assistance” , Section 7.306.4, A.
9. County departments who pay more than the county’s foster care rate based on the child’s original or amended adoption assistance agreement shall reimburse the State for eighty percent (80%) of the payment that is over the foster care rate.
10. Use the State prescribed forms to document the negotiated agreement for IV-E adoption assistance and attach supporting documentation.
11. Complete and sign the adoption assistance agreement form specifying:
12. Review the agreement every three years from the date of the initial agreement.
13. The county or adoptive family may at any time negotiate changes to an existing adoption assistance agreement based on information related to the child’s original condition or the family’s circumstances.
F. There are situations after finalization when adoptive parents can request a state level fair hearing before an Administrative Law Judge concerning the adopted child’s eligibility for adoption assistance benefits or the amount of those benefits. These situations include, but are not limited to:
1. Relevant facts regarding the child that were known and not presented to the adoptive parent(s) prior to the finalization of the adoption.
2. Denial of assistance based upon a means test of the adoptive family.
3. Erroneous determination that a child is ineligible for adoption assistance.
4. Denial of a request for a change in payment level due to a change in the adoptive parent(s)’ circumstances.
5. Failure by the county or a non-profit child placement agency to advise the adoptive parent(s) about the availability of adoption assistance for children who have been identified with special needs.
6. Decrease in the amount of adoption assistance without the concurrence of the adoptive parent(s) (for Title IV-E adoption assistance agreements, only).
7.306.42 Non-Title IV-E Adoption Assistance [Eff. 02/01/2009]
A. Pathways to Eligibility The following are ways to become eligible for non-Title IV-E adoption assistance:
1. The county department has guardianship of the person (children) with the authority to consent to adoption.
2. The county department has guardianship of the person (children) with the right to consent to adoption, but the current caregiver has custody of the children.
3. The child(ren) is not a citizen or a qualified alien but is being adopted by a U.S. citizen or qualified alien.
4. The child was not IV-E eligible in foster care.
5. The child was placed in foster care with the county department via voluntary placement agreement with the county, but:
B. Foster Care Placement of a Child Under an Adoption Assistance Agreement 1. The State prescribed form must be completed to determine IV-E eligibility using the adoptive parent(s)’ income.
2. The child, upon returning to the adoptive parent(s)’ home, returns to the previous non-IV-E adoption assistance agreement.
C. Eligibility Determination for Medicaid in Non-Title IV-E Eligible 1. Colorado children who are eligible for an adoption assistance agreement, but are not IV-E eligible are eligible for Medicaid in Colorado or reciprocal states, only.
2. An adoption assistance payment is not required to extend Medicaid coverage.
3. Medicaid eligibility may or may not be continued for non-IV-E eligible children who are out of the home for more than thirty (30) calendar days depending on the county’s individual policy.
4. Medicaid eligibility for all children receiving Medicaid shall be redetermined yearly only if the child continues to be eligible for Medicaid. This can be done by completing the State prescribed form.
D. Non-Title IV-E Adoption Assistance Payments 1. Determine and document a child’s special needs and eligibility for adoption assistance.
2. Utilize financial information regarding the family including assets, liabilities and insurance benefits in negotiating the initial agreement, and any subsequent increases in adoption assistance.
3. The adoption assistance agreement shall be established in accordance with the county department’s written policy. The policy shall outline the criteria used for determining the amount of adoption assistance.
4. Make a good faith effort to negotiate an adoption assistance agreement with the adoptive parent(s). The county shall base the negotiation on the special needs of the child and the circumstances of the adoptive parent(s). If the parties cannot come to an agreement, the county department shall establish the adoption assistance amount. If the family disagrees with the decision, a fair hearing can be requested.
5. Negotiate with the adoptive parents to request the amount that is needed by the family to meet the child's special needs; this may be less than the amount for which the child qualifies.
6. The county shall establish a maximum amount that could be provided to a family. The monthly respite care payment that is provided under the foster care program is not a benefit under the adoption assistance program.
7. If a child with developmental disabilities is receiving an allowance in addition to the foster care payment at the time the child is placed for adoption, the allowance may continue under the adoption assistance program if the child continues to meet the criteria outlined in “Child with Adoption assistance” , Section 7.306.4, A, 3, d.
8. County departments who pay more than the county’s foster care rate based on the child’s original or amended adoption assistance agreement shall reimburse the State for eighty percent (80%) of the payment that is over the foster care rate.
9. Use the State prescribed forms to document the negotiated agreement for non-Title IV-E adoption assistance, and attach supporting documentation.
10. Complete and sign the Adoption assistance Agreement form specifying:
11. Review the agreement every three years from the date of the initial agreement.
12. The county or adoptive family may at any time negotiate changes to an existing adoption assistance agreement based on information related to the child’s original condition or the family’s circumstances.
7.306.43 State Monitoring/Sanction Process of Adoption Assistance Programs in Counties [Eff. 02/01/2009] Monitoring will be conducted annually on county departments by State Child Welfare staff using a risk- based approach looking at the number and kinds of complaints received by consumers, advocates or the general public.
A. The state will randomly select cases from the adoption assistance caseload.
B. Each county will be given three opportunities to pass the review before a fiscal sanction is established.
1. Counties passing the initial Stage I review will be reviewed every three years.
2. If the county fails the initial review, a Stage II review will be conducted in the second year.
3. If the Stage II review is failed, the county will go to a Stage III the next year.
C. At each stage, the county will be given an opportunity to provide information to the state that will enable the case that is out of compliance to pass the review.
D. A county failing the review will be offered technical assistance based on issues identified during the review and will be required to develop a corrective action plan.
E. If the county fails all three stages, the reviewed cases that are out of compliance in the third stage will be converted to county-only funding in the third year.
7.306.44 Basis for Establishing the Amount of an Adoption Assistance Subsidy [Eff. 02/01/2009] This section has been moved in order to consolidate rules related to adoption assistance in one location. Refer to Sections 7.306.41 and 7.306.42.
7.306.45 Authorized Types of Adoption Assistance Subsidies [Eff. 02/01/2009]
This section has been moved in order to consolidate rules related to adoption assistance in one location. Refer to Section 7.306.4.
7.306.5 INSTRUCTIONS FOR REIMBURSEMENT OF ADOPTION ASSISTANCE SERVICES [Eff.
02/01/2009]
7.306.51 Medical Payments in Adoption Assistance Agreements [Eff. 02/01/2009]
7.306.511 General Provisions [Eff. 02/01/2009]
A. Medical adoption assistance agreement payments are made directly to adoptive parents for a service already received or to a vendor for treatment of a physical or developmental disabilities or emotional disturbance. A medical adoption assistance agreement shall relate directly to the barrier or barriers identified at the time the initial agreement is approved.
B. Medical adoption assistance agreements are not available for treatment of any physical or developmental disability or emotional disturbance diagnosed after finalization of the adoption.
C. Medical adoption assistance agreements may be used to supplement any other available resource such as an adoptive family's private insurance that pays part but not all for the child's treatment (physical, mental, and emotional).
D. Medical adoption assistance agreements can only be used for Medicaid cases if the service requested is something that would not be covered under the State Medicaid Plan and relates to the direct barrier/need identified at the time the child is placed for adoption.
E. Adoption assistance payments for medical services shall reflect the reasonable costs of those services in the child's community.
7.306.52 Reimbursable and Non-Reimbursable Adoption Assistance Case Services [Eff. 02/01/2009] Case services are a type of purchased program services that support a case plan for children in out-of- home placement or an adoption assistance agreement.
Case services are provided to meet a child's special needs identified when the child is placed for adoption and which are not covered by the adoption assistance or Medicaid assistance agreements. To be eligible for case services in an adoption assistance agreement, the State prescribed form outlining the agreement must be in place and the case open in the Department's automated reporting system as an adoption assistance case.
A. Medical 1. Orthodontia
2. Eye Glasses Eyeglasses are not reimbursable using case services dollars as Medicaid pays for one pair of glasses per year.
3. Medication
4. Special Therapies - Speech, Occupational, and Physical
5. Special Equipment Special medical needs/equipment, as prescribed by a physician may be reimbursable. For severely physically challenged children, special exceptions should not exceed $2,000 without a supervisor's written authorization.
B. Psychological Services 1. Time-limited out-patient therapy for children living in states that do not accept Medicaid for this service-reimbursable, if related to the child's special needs and a written plan is obtained from the service provider which contains:
2. If time-limited out-patient therapy is available using Medicaid – not reimbursable.
3. Day treatment - not reimbursable as Medicaid provides for this service.
4. Residential child care facility - not reimbursable as Medicaid provides for this service.
5. In-patient psychiatric hospitalization - not reimbursable as Medicaid provides for this service. (Children who are Medicaid eligible may receive some in-patient psychiatric services under the Medicaid Program.)
C. Educational Costs 1. Tutoring-not reimbursable.
2. School tuition-not reimbursable.
D. Respite and Day Care 1. Respite Care-reimbursable.
2. Day Care-not reimbursable except for IV-E children. If day care services are needed and the child is IV-E eligible at the time of adoption, the family should be referred for day care services as they are eligible for Title XX services.
E. Other Adoption Assistance Case Services Adoption assistance case services for either IV-E or non-IV-E may be provided for a specified time to provide needed services, such as, but not limited to, transportation to facilitate adoptive placement. It is required that these time-limited services/funds are clearly provided on a case-by- case basis. This requirement must be clearly documented in the agreement.
7.306.53 Non-Recurring Adoption Expenses [Eff. 02/01/2009]
A. Reimbursement for the following non-recurring adoption expenses, not to exceed $800 per child, is available to parents adopting children with special needs:
1. Legal fees.
2. Adoption fees.
3. Other expenses related to the legal adoption of the child(ren).
B. The county department shall decide if an adopted child for whom reimbursement is being requested meets the criteria as a special needs child.
C. The county department shall use the State-prescribed forms for children not in the department's custody.
D. The county department shall use the State-prescribed forms for children in the department's custody.
E. If no county department holds custody, reimbursement for the non-recurring adoption expenses will be based on the adoptive family's county of residence.
F. Colorado will provide non-recurring adoption assistance payment up to $800 per child for children adopted internationally or through a private licensed non-profit adoption agency when the family has been able to:
1. Make application prior to the adoption.
2. Provide evidence of the child’s special needs.
3. Provide evidence that the agency did child specific recruitment for the child identified.
4. Provide evidence the family has an approved home study.
5. Provide an itemized statement of the expenses to be reimbursed.
7.306.54 Continuing Adoption Assistance Agreements Beyond Age Eighteen [Eff. 02/01/2009] A. If a child is 18 years of age and has not graduated with a high school equivalency or vocational training, the county may continue the adoption assistance under the State and county-only program until the child finishes high school/vocational training or is 21 years of age. The county shall document in the record that the child is enrolled full-time in high school or vocational training and are making progress in the program.
B. If the child is eligible for a Title IV-E adoption assistance until the age of eighteen (18), that agreement must be terminated. Any new non-Title IV-E agreement must be signed by the county and the family upon or prior to the child’s 18th birthday.
C. A child who is identified in the original adoption assistance agreement as being developmentally disabled or physically handicapped, is between the age of 18-21, and continues to live at home, may continue to be eligible for the adoption assistance program as long as these disabilities were identified and documented in the original agreement paperwork or is genetic in nature.
D. If a county continues adoption assistance beyond the child’s 18th birthday without the child meeting the criteria in A or B, above, the county will be sanctioned for the adoption assistance payments made beyond the child’s 18th birthday.
7.306.55 Post-Legal Adoption Services [Eff. 02/01/2009]
The county of residence shall offer Core services to eligible families with an adoption assistance agreement according to the needs of the family.
7.306.56 Accepting and Processing Applications for Adoption Assistance from Child Placement Agencies [Eff. 02/01/2009] A. Colorado non-profit licensed adoption agencies can access adoption assistance if the child is in their custody and meets Title IV-E eligibility, as outlined in Section 7.001.41.
B. The county department where the adoptive family lives will process the application for subsidy.
C. If the child is being placed out-of-state, the state in which the family resides will process the application.
D. The county department reviews the material submitted by the child placement agency and determines the child's eligibility for Title IV-E adoption assistance.
E. The county department shall advise the child placement agency and the family in writing within ten working days of the date of approval or denial and inform the family of its right to appeal the decision.
F. After the county department approves the adoption assistance, it shall open the case on the Department's automated reporting system.
G. Approved adoption assistance payments may begin as of the date of the signing of the agreement. The child placement agency is responsible for any costs before the initiation of the adoption assistance agreement and prior to finalization.
H. Adoption assistance available to the eligible child are:
1. Medicaid (Title XIX).
2. Adoption assistance payment.
3. Non-recurring adoption expenses.
I. Before finalization of the adoption, the child placement agency that arranged the adoption retains responsibility for continued services to the adoptive family should they be requested.
J. The county department shall terminate adoption assistance payments and eligibility for Medicaid as outlined in Termination of Subsidy (7.306.59) and Title IV-E (7.306.41) sections.
7.306.57 Review of Eligibility for All Ongoing Adoption Assistance Agreements [Eff. 02/01/2009] The county shall review the current agreement every three years.
A. The county department shall initiate the written notice of the review for adoption assistance sixty (60) days prior to the three-year anniversary of the agreement.
B. The adoptive family may request a review of the agreement prior to the three-year review if changes in the needs of the child or family circumstances occur.
C. Any changes in the needs of the child shall relate to the original barrier(s), identified at the time the decision was made that adoption assistance was needed. The county department shall not add additional needs for adoption assistance payments after the adoption decree has been issued unless genetic in nature.
7.306.58 Reinstatement of Subsidy [Eff. 02/01/2009]
A. Non-Title IV-E adoption assistance agreements may be reinstated if the services requested relate to the child's special needs which were identified at the time of the original subsidy.
B. Reinstatement of adoption assistance agreements is not possible if the original adoptive parents no longer have legal custody of the child.
C. When adoptive parents have relinquished, have had their parental rights terminated, or have died and the child is placed in a subsequent adoptive placement, then the child retains IV-E eligibility for reinstatement of the adoption assistance agreement in his/her new adoptive placement.
7.306.59 Termination of Subsidy [Eff. 02/01/2009]
A. The county department shall terminate adoption assistance agreements when the:
1. Family requests payments end; or, 2. Child reaches age 18 or until age 21, if the county has determined that the child has a developmental or physical disability which warrants continuation of assistance; or, 3. Adoptive parent(s) are no longer legally responsible for the support of the child; or, 4. Child is no longer receiving any support from the adoptive family; or, 5. County of responsibility verifies the child's death, or marriage.
B. Procedures for Adoption Assistance Payment, Adoption Case Services and Medicaid Adoption Assistance Agreement 1. When the child is receiving a non-Title IV-E adoption assistance agreement and the child is absent from the home for over 30 calendar days, the adoption assistance payment and adoption case services will be discontinued. (See Section 7.404, regarding Placement Fees for out-of-home care.) If the child is in placement in a facility where he/she comes home for holidays or visits, this is not to be used as justification for continuing the non- Title IV-E agreement. A state/county non-Title IV-E agreement can only be resumed when the child is returned home and the out-of-home placement has been discontinued on the Department's automated reporting system.
2. Children with a Title IV-E adoption assistance agreement who are out of the home for more than 30 calendar days will continue to receive an adoption assistance payment if it is a part of the child's adoption agreement. (See Section 7.404 regarding placement fees for out-of-home care.)
3. 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 Department Requirements, Section 7.402.2).
7.306.6 RIGHT TO APPEAL [Eff. 02/01/2009]
A. When the county department denies an application for adoption subsidy, or reduces or terminates the subsidy grant, the applicant or recipient shall have a right to appeal. See Section 3.850 of the Income Maintenance staff manual on Appeal and State Hearing (9 CCR 2503-1).
B. When a family who has been denied Title IV-E Subsidized Adoption benefits requests a state level Fair Hearing, it is the responsibility of the Administrative Law Judge to determine whether the applicant or recipient was wrongly denied eligibility or whether the amount of the subsidy was determined correctly. (See Section 7.306.41, E, for fair hearing circumstances.) C. The adoptive parents have the burden of proving extenuating circumstances and adoption assistance eligibility at a state level Fair Hearing. The state and or/its designee can provide factual information to assist the family in establishing eligibility for Title IV-E adoption assistance.
D. When either state or federal law requires or results in a reduction or deletion of services, a hearing need not be granted.
7.307 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC)
The purpose of the Interstate Compact on the Placement of Children is to ensure timely placements of children across state lines in the least restrictive and appropriate settings in the 50 states, District of Columbia, and the U.S. Virgin Islands. The sending and receiving state authorities shall have sufficient background information to make informed decisions concerning a proposed placement, to arrange for the provision of services to the child as needed, and to designate where planning, financial, and jurisdictional responsibility for the child lies.
7.307.1 USE AND OBSERVANCE OF THE COMPACT
County departments, other Colorado licensed placement agencies, and when applicable, individual residents, shall follow all rules, regulations, and procedures of the Interstate Compact on the Placement of Children, as stated in Section 24-60-1801, 1802, C.R.S., and Section 19-1-115, C.R.S. Regulations I through VIII are on file at the Colorado Department of Human Services, Office of the Deputy Compact Administrator, 1575 Sherman Street, Denver, Colorado 80203-1714. Regulation I was adopted on February 26–27, 1973. Regulation II was adopted on May 25–26, 1977. Regulation III was adopted on April 18–20, 1978. Regulation IV was adopted on April 20–22, 1982. Regulation V was adopted on April 20–22, 1982. Regulation VI was adopted on May 4–8, 1991. Regulation VII was adopted on April 28, 1996. Regulation VIII was adopted on April 30, 1996. These regulations are adopted pursuant to Article VII of the Interstate Compact on the Placement of Children by action of the Association of Administrators of the Interstate Compact on the Placement of Children at its annual meeting. The information incorporated here by reference may be examined at any county department of social services or at any state publications depository library.
7.307.2 DEFINITION OF “SENDING AGENCIES”
The Interstate Compact defines the persons and agencies who, when they place a child from one state into another state, shall follow Interstate Compact on the Placement of Children procedures. These persons and agencies are all called “sending agencies,” and include the following:
A. A state in the United States, the District of Columbia or the U.S. Virgin Islands, or any officer or employee of a state in the United States, the District of Columbia, or the U.S. Virgin Islands.
B. A subdivision of a state in the United States, the District of Columbia or the U.S. Virgin Islands, or any officer or employee of the subdivision.
C. A court of a state in the United States, the District of Columbia, or the U.S. Virgin Islands.
D. Any person, corporation, association, or charitable agency of a state in the United States, the District of Columbia, or the U.S. Virgin Islands.
7.307.3 AGENCY-MADE PLACEMENTS
7.307.31 Interstate Compact on the Placement of Children Initiation Procedures
Compact procedures shall be initiated for children who are considered for placement out-of-state for:
A. Adoption; or B. Homes of parents or relatives; or C. Foster, group, or residential child care; and D. Where the sending agency, such as a county department or the Court, holds legal custody or legal jurisdiction.
7.307.32 Interstate Compact on the Placement of Children Procedures
The county department director shall be the Compact Liaison in each Colorado county. At each director's discretion, duties of the Liaison may be delegated to staff within the county department. It is recommended that the designated liaison be at the Child Welfare Supervisor level or above. The director shall notify, in writing, the Deputy Compact Administrator of the name, title, and phone number of this designee who shall perform the day-to-day functions of the Interstate Compact on the Placement of Children Liaison and be available for Colorado and other state Interstate Compact on the Placement of Children offices to contact for assistance with Compact related situations in that county. Interstate Compact on the Placement of Children procedures shall be followed when a child is:
A. In the custody of a county department or under the jurisdiction of a court in one state and is considered for placement with his or her parents, relatives, non-relatives, foster parents, adoptive parents, or into residential or group care in another state.
B. Under the jurisdiction of a county department, court, or private placement agency moves with his or her parents, relatives, foster parents, or prospective adoptive parents out-of-state.
C. An adjudicated delinquent ordered by the court into a non-public institution out-of-state.
D. An adjudicated delinquent who is not on probation or parole and is considered for placement with parents, relatives, foster parents, or prospective adoptive parents out-of-state.
E. To be placed for adoption out-of-state.
F. In the custody of a county department or under the protection of the court and has fled out-of-state and the local departments in both the sending and receiving states agree it may be in the child's best interest to remain in the site the child has chosen, pending the outcome of the home study.
G. In the custody of a county department or under court jurisdiction and has been taken out of state or been coerced to leave the state without the court's consent; however, before ordering the child's return, the court agrees to a home study being done to determine the status of the child's living arrangement out of state to determine if the child should be permitted to stay there.
H. In runaway status from another state and is taken into protective custody by a county department that subsequently learns that neither the parents nor any known relatives will grant the child access to their homes. In this situation, the county department shall file a Dependency and Neglect Petition on behalf of the child to enable the department to explore other relative placement possibilities out of state.
7.307.4 DIRECT PLACEMENTS OUT OF STATE BY PARENTS OR NON-AGENCY GUARDIANS
A. Interstate Compact on the Placement of Children procedures shall be initiated for children who are being considered for placement out of state by parents, guardians, or relatives, into facilities not designated as medical or educational in nature when a child is considered for placement 1. Out of state with a person other than a parent, step- parent, adult brother or sister, adult aunt or uncle, or grandparent.
2. Out of state into a foster home, adoptive home, group home, residential facility or non-public institutional setting.
3. With an out of state non-relative or non-agency guardian.
B. The parent or guardian shall contact the local Colorado county department or the Colorado Interstate Compact on the Placement of Children state office to request information and to be provided with copies of the Interstate Compact on the Placement of Children Request to Place Child (100-A). The parent or non-agency guardian is considered to be the “sending agency” in this situation. The parent or guardian will forward the Interstate Compact on the Placement of Children request to the Colorado state Interstate Compact on the Placement of Children office which will forward the documents to the receiving state Interstate Compact on the Placement of Children office.
7.307.5 REQUIREMENTS
7.307.51 Requirements When Colorado is the Sending State [ Emer. Rule eff. 10/1/06 ; Perm. Rule eff. 12/1/2006 ] The county department must determine, within fourteen (14) calendar days upon receipt of the home study report conducted by the receiving state, whether the placement is appropriate for the child. The county department or licensed child placement agency holding legal custody or maintaining court- ordered protective supervision and considering placement of a dependent child into any site out-of-state shall:
A. Submit information required by the state.
B. Send a referral packet to the Deputy Compact Administrator in the receiving state and enter information from Forms 100-A and 100-B in the Child Welfare Automated Tracking System (see Section 7.307.7 on “Reporting” requirements).
C. Complete and submit the Change of Status Form (100-B) to the receiving state.
D. Not be a party to sending or allowing a child to be taken across the state line without the “prior permission” of the receiving state Interstate Compact on the Placement of Children Administrator or his or her designated staff. Prior permission is defined as either permission or denial being granted on the 100-A or on a facsimile of the 100-A.
E. Continue to have financial responsibility for the support and maintenance of the child during the out- of-state placement unless the placement is with a parent or a care-provider who assumes financial responsibility for the child.
F. Be financially responsible for the return of the child if the placement disrupts and the decision is made to return the child.
G. Send quarterly progress report form to the out-of-state foster care provider on the state designated form.
H. Retain legal custody or the child remains under the court's jurisdiction; and, I. Not agree to dismissal of the Petition or termination of local court jurisdiction without one of the following four conditions being met:
1. The child has been adopted.
2. The child has become self supporting or legally emancipated.
3. The child is 18 or older.
4. A minimum six month period of supervision has elapsed from date of Interstate Compact on the Placement of Children approval and the receiving state Interstate Compact on the Placement of Children Administrator or his/her designee has granted permission for dismissal of the Petition or termination of court jurisdiction.
7.307.52 Requirements When Colorado is the Receiving State [ Emer. Rule eff. 10/1/06 ; Perm. Rule eff. 12/1/2006 ] When Colorado is the receiving state of an Interstate Compact on the Placement of Children Request for Placement, all such requests, except for non-public adoptive placement requests, shall be sent by the sending state to the Colorado Deputy Compact Administrator who shall forward the request packet to the correct county department or licensed Child Placement Agency.
A. Upon receipt, the county department Interstate Compact on the Placement of Children liaison or designee shall review the request for compliance with the Compact and all relevant Colorado and federal laws, and take appropriate action.
B. The county department staff or licensed Child Placement Agency staff assigned to the Interstate Compact on the Placement of Children cases shall:
1. Complete a home study within 60 calendar days of receipt of the request from the sending state.
2. Provide protective services and supervision of the placement according to the treatment plan and case plan set up by the county department or court in the sending state.
3. Provide written progress reports as required.
4. Make determinations and recommendations to the sending agency for dismissal or continuation of the legal custody and jurisdiction in the sending state.
5. Provide services, including protective services, to families and children covered by the Interstate Compact on the Placement of Children and other approved Interstate or inter- country placements as are provided to other similar placement cases that are the responsibility of a county department.
C. These cases shall be subject to the same contact requirements as other Program Area 4, 5 or 6 cases. If circumstances prohibit such contact, the county department shall document exceptions to the minimum requirements on the alternative agency contact agreement with a signature of approval from the county department administrator or county director.
D. When requests for placement with parents or relatives are received from other states and Interstate Compact on the Placement of Children cases are opened as Program Area 5 cases, risk assessment procedures shall be followed similar to other Program Area 5 cases.
E. The receiving state (Colorado) may close its Interstate Compact on the Placement of Children case when one of the following conditions have been met:
1. The child has been adopted.
2. The child has become self supporting or legally emancipated.
3. The child has become 18.
4. The Colorado county Liaison or state Interstate Compact on the Placement of Children Administrator has granted permission for dismissal of the petition or termination of court jurisdiction.
7.307.6 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN PRIORITY PLACEMENT
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 priority placement is designed to eliminate delays in the placement of children in appropriate family homes across state lines.
A. All cases of priority placement require a priority placement court order.
B. In addition, a priority placement can only be made when one of the two following conditions are met:
1. The placement of the child is with a parent, step-parent, adult brother or sister, adult uncle or aunt, or grandparent; or, 2. A home study has not been completed within thirty (30) working days of receipt of a properly completed 100A and supporting documentation.
7.307.61 Priority Placement Court Order Findings
A. A valid priority placement court order 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 recipient is a relative as specified in 7.307.6 and either.
1. the child is under two (2) years of age; or, 2. the child is in an emergency shelter, or, 3. the court finds that the child has spent a substantial amount of time in the home of the proposed placement recipient.
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.
7.307.62 Priority Placement Requirements when Colorado is the Sending State
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 this staff manual. The Interstate Compact on the Placement of Children packet shall include a valid priority placement court order (the Sending State Priority Home Study Request) and the 100As.
B. There are specific time frames in processing priority placement requests.
1. Time periods in these procedures may be modified with a written agreement between the court which made the priority 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. Within three (3) business days of receipt of the priority placement court order, the county caseworker will transmit the signed court order, completed forms, and supporting documentation to the Interstate Compact on the Placement of Children county liaison.
3. Within two (2) business days after receipt of the Interstate Compact on the Placement of Children priority placement request, the Interstate Compact on the Placement of Children county liaison shall transmit the priority placement 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 priority processing.
7.307.63 Priority Placement Requirements when Colorado is the Receiving State
A. By the next business day after the Colorado Interstate Compact on the Placement of Children county liaison receives a referral packet, a determination shall be made that the referral meets definition of “Priority Placement” and that all required information is included in the referral packet.
B. Within two (2) business days of receipt of a referral packet, the Interstate Compact on the Placement of Children county liaison must either:
1. Submit “Priority Home Study Request” notice (form 101) to county intake supervisor for immediate signing; or, 2. Notify sending state Compact Administrator by FAX of specific information which is needed if referral is incomplete.
C. The assigned caseworker will receive a copy of form 101 from Interstate Compact on the Placement of Children county liaison and complete according to state procedures.
7.307.64 Priority Placement Non-Compliance
If the receiving state Compact Administrator fails to complete action as the receiving state within the prescribed time period allowed, the receiving state shall be deemed to be out of compliance with Interstate Compact on the Placement of Children.
7.307.7 REPORTING
All cases provided Interstate Compact on the Placement of Children services shall be opened by the Colorado county departments on the Department's automated reporting system.
7.307.8 OTHER TYPES OF PLACEMENTS - CHILD MOVING OUT-OF-STATE WITH FOSTER
PARENTS When it is decided that a child should accompany his/her foster parents who are relocating out-of-state, the county department shall initiate Interstate Compact on the Placement of Children procedures to secure prior approval, whenever possible, for the placement from the receiving state.
7.307.9 EXCLUSION
Native American children placed by tribal authorities may be excluded or placed through Interstate Compact on the Placement of Children procedures at the choice of the tribal court.
7.308 RELINQUISHMENT COUNSELING SERVICES
If the child meets the target group requirements of Program Area 4, 5, or 6, county departments shall assure that relinquishment counseling services are provided:
A. To parents considering relinquishment.
B. To the child when twelve years of age or older, if appropriate.
C. When court-ordered.
7.308.1 COUNSELING AND REFERRAL ACTIVITIES
The county department shall assure that:
A. Relinquishment counseling, referral services, and legal activities are provided in accordance with Section 19-5-103, C.R.S.
B. If the child is an eligible Native American child, the parents are informed of the provisions of the Indian Child Welfare Act, or any tribal-state agreement with their tribe, and the requirements for notifying tribal authorities.
7.308.2 COURT ACTIVITIES
The county department shall assure that an affidavit is prepared and submitted to the court that includes the elements described in Section 19-5-103(1)(b)(II), C.R.S.
7.308.3 CONTACTS, RECORDS, AND DOCUMENTS
The county department shall maintain a case file which includes court documents. The county department shall maintain the closed adoption records in a secure location at the county. See Adoption Records, Section 7.306.34.
7.308.4 CONFIDENTIALITY OF CONTACTS AND RECORDS
The county department shall respect the confidential nature of the counseling and maintain confidentiality of all records and papers with respect to the relinquishment following the filing of a Petition for Relinquishment in that such records and papers are open to inspection only upon order of the court. The record shall show the parent's preference about future communications from the child.
7.309 INDIAN CHILD WELFARE ACT (ICWA) OF 1978
The Indian Child Welfare Act of 1978 is federal legislation that establishes standards for the placement of Native American children in foster care or adoptive homes. All rights and privileges afforded to parents and children in any other section of this manual are applicable to rights and privileges for Native American parent(s), Indian Custodian(s), and children under jurisdiction of county departments.
7.309.1 DEFINITIONS
A. Active Efforts - efforts which have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.
B. Emergency Placement - child(ren) must be in imminent physical damage or harm with clear and convincing evidence available to be presented before the court.
C. Indian Custodian - any Native American who has legal custody of a Native American child under tribal law, custom, or by state law, including those situations when the parent has transferred temporary physical care, custody, and control to another individual.
D. Native American Tribe - any Native American tribe, band, nation, or other organized group federally recognized as eligible for the services provided to Native Americans including Native Alaskans.
E. Qualified Indian Expert Witness - an individual who is experienced and knowledgeable about Indian culture, childrearing practices, and traditions.
F. Tribal Court - a court established and operated under the code or custom of a Native American tribe to have jurisdiction over child custody matters.
7.309.2 DETERMINATION OF ELIGIBILITY - INDIAN CHILD WELFARE ACT
7.309.21 Specific Eligibility Criteria
Native American children served under the Indian Child Welfare Act shall meet the following criteria for eligibility in addition to generic eligibility requirements for services in foster care or adoption.
A. The child must be:
1. unmarried; and, 2. under 18 years of age; and, 3. a member of a Native American tribe; or, 4. eligible for membership in a Native American tribe and the biological child of an eligible member of a Native American tribe.
B. In addition, the parent(s) or Indian Custodian(s) must be:
1. a member of a tribe; or, 2. eligible for membership of a tribe.
7.309.3 NOTIFICATION PROCEDURES - INDIAN CHILD WELFARE ACT
7.309.31 Notification Requirements - Indian Child Welfare Act
The county department must notify any potential tribal court of jurisdiction that a Native American child is in need of foster care or termination of the parent-child legal relationship, except in an emergency placement, as required by the Indian Child Welfare Act of 1978, including:
A. any involuntary placement of a child for foster care; or B. any voluntary placement of any Native American child for foster care or petition for relinquishment as provided in the Tribal-State agreement under the Indian Child Welfare Act of 1978.
7.309.32 Initial Notification - Involuntary Placements - Indian Child Welfare Act A. The county department shall give notice in involuntary placements by telephone within 48 hours, followed by a registered letter with return receipt requested, to the parent(s), Indian Custodian(s), if applicable, and the child's tribe.
B. The county department shall observe the following timelines (except for emergency placements) before a judicial request for placement can be made. The county department shall wait at least 10 working days after receiving the return receipt of notice before proceeding with a judicial request when the notice has been sent to:
1. The parent(s) or Indian Custodian(s). If the parent(s) or Indian Custodian(s) requests time to prepare for the proceeding, the county department shall petition the court to set the hearing 30 calendar days after receipt of notice.
2. The tribe. If the tribe requests time to prepare for the proceeding, the county department shall petition the court to set the hearing 30 calendar days after receipt of notice.
3. The Bureau of Indian Affairs.
7.309.33 Initial Notification - Voluntary Placements - Indian Child Welfare Act
A. The county department shall give notice to the tribe, when a placement is voluntary or a relinquishment is contemplated, in the same manner as noted immediately above, or according to the Tribal-State Agreement if the child is a Colorado Ute.
B. The county department shall file a Petition for the Review of Need of Placement by the 90th day of out-of-home care as outlined in Court Related Procedures, Section 7.304.53.
C. The county department shall follow step B. outlined in Section “Initial Notification-Involuntary Placements” when the child is placed due to a voluntary relinquishment.
7.309.34 Continuous Notification for Involuntary and Voluntary Placements - Indian Child Welfare Act The county department shall be responsible for informing the tribal court of jurisdiction of placement moves for Native American child(ren).
7.309.4 TRANSFER OF JURISDICTION FROM STATE COURT TO TRIBAL COURT
A. Upon the tribe's petition for transfer of jurisdiction, the county department shall carry out the transfer to the tribe within 5 working days, unless either parent or the Indian Custodian(s) objects to a transfer or the court determines there is good cause not to transfer jurisdiction.
B. The county department shall prepare child(ren) for legal transfer to the tribal court of jurisdiction as appropriate to their age. Such preparation shall include:
1. Information about reasons for the transfer and its timing.
2. Involvement of the child in the plans for transfer (see Pre-Placement Activities, Section 7.304.61).
7.309.5 FOSTER CARE AND PRE-ADOPTIVE PLACEMENTS - INDIAN CHILD WELFARE ACT
The county department shall make every effort to make placements:
A. In the most appropriate least restrictive setting that most approximates a family and that best meets the needs of the child.
B. Within a reasonable distance to the child's home.
7.309.6 ORDER OF PREFERENCE - INDIAN CHILD WELFARE ACT (FOSTER CARE AND PRE-
ADOPTIVE PLACEMENT)
The county department shall place eligible Native American children for foster care or pre-adoptive placement according to the following order of preference. It shall do so, unless the child's tribe has established another order, or without good cause to the contrary, as documented in the child's record. For Out-of-Home Care/Pre-Adoptive Placement A. Under Indian Child Welfare Act regulations, the county department shall use the following order of preference. The county department shall contact the appropriate tribe to identify if it has a different placement preference than the following:
1. Member of child's extended family.
2. Foster home licensed, approved or specified by the Native American child's tribe.
3. Native American foster home licensed/approved by an authorized non-Indian authority.
4. Institution for children approved by a tribal or state authorized licensing authority that has programs suitable to meet the needs of Native American children.
B. The county department shall follow a different order of preference if one is established by the tribe, so long as the placement is the most appropriate and least restrictive setting to meet the child's needs. Where appropriate, the preference of the Native American child or parent(s) shall be considered, if a consenting parent has a desire for anonymity, the county department shall give weight to such desire in applying the preferences.
7.309.7 FOR VOLUNTARY PLACEMENTS - INDIAN CHILD WELFARE ACT (See Court Related
Procedures, Section 7.304.53)
A. The county department shall not accept voluntary consent for foster or adoptive care unless all of these conditions are met:
1. The child is over 10 days old.
2. The consent is voluntary and obtained free of fraud or duress.
3. The consent is in writing and recorded before a judge.
4. The consent is accompanied by the judge's certificate ensuring that terms and consequences of the consent were fully explained in:
B. The county department shall ensure that the Consent signed by the parent(s)/Indian Custodian(s) shall contain all of the following:
1. Name and birth date of child.
2. Name of child's tribe.
3. Child's enrollment number or other indication of membership in the tribe.
4. Name and address of consenting parent(s)/custodian(s).
5. Name and address of prospective parent(s), if known, for substitute care placements.
6. Name and address of person or agency through whom placement arranged, if any, or adoptive placements.
7.309.8 ADOPTIVE PLACEMENTS - INDIAN CHILD WELFARE ACT
7.309.81 Involuntary Termination of Parent-Child Relationship - Indian Child Welfare Act When terminating the parent-child legal relationship of a child who is eligible under the Indian Child Welfare Act, the county department shall provide the court of jurisdiction with evidence beyond a reasonable doubt, including testimony of qualified expert witnesses (qualified in Native American cultural matters pertinent to the situation), that continued custody of the child by the parent(s) or Indian Custodian(s) is likely to result in serious emotional or physical damage to the child.
7.309.82 Relinquishment of Child for Adoption
A. A voluntary relinquishment of an Native American child may be done in a state court when the parent(s) chooses to file a relinquishment petition under Colorado statutes.
B. The county department shall not petition the court for relinquishment before 10 days after the child's birth.
C. The county department shall place the child into out-of-home care during the 10 day waiting period with a Request for Placement (Consents) that has been signed before the court by the mother (or father, if he holds custody). Consents given before the 10 days shall not be valid.
D. The county department shall follow the procedure outlined for court ordered placement in the “Initial Notification - Involuntary Placements” section. If the child is from either Ute tribe, the county department shall comply with the Tribal-State Agreement.
7.309.83 Order of Preference - Indian Child Welfare Act
The county department shall make placements of eligible Native American children for adoption according to the following order of preference, unless there is good cause to the contrary as determined by the court:
A. A member of the child's extended family.
B. Other members of the Native American child's tribe.
C. Other Native American families.
7.309.84 Disrupted or Changed Placement - Foster Care or Adoption - Indian Child Welfare Act Notice to Parent(s) and the Tribe A. When a foster care placement is changed before a termination or relinquishment of the parent-child legal relationship, the county department shall notify the parent(s), Indian Custodian(s), and the tribe within 10 days of the child's change of placement.
B. When a final decree of adoption of a Native American child has been vacated or set aside or the adoptive parent(s) has voluntarily consented to the termination of his or her parental rights to the child, the county department shall notify the child's parent(s), Indian Custodian(s), or tribe of jurisdiction within 10 working days. These parties may petition for return of custody and the court shall grant such petition unless there is a showing that such return of custody is not in the best interests of the child. (See Order of Preference, Section 7.309.83.) This notice shall inform the recipient of her or his right to petition for return of custody of the child. The tribe shall also be notified of changes or disruptions in adoptive placements.
7.310 FAMILY STABILITY SERVICES (FSS)
A. Family Stability Services shall be provided within context of a support plan. The Family Services Plan or other existing plan may be utilized if it meets minimum qualifications; otherwise, the State shall provide a format for the support plan. The support plan shall identify at a minimum:
1. Family strengths;
2. Family's unique needs;
3. Appropriate service and supports based on strengths and needs; and, 4. Family generated goal(s) within service time frames.
B. The program goals of FSS are to assist in the provision of appropriate and necessary short-term services to help stabilize families in order to:
1. Preserve the family unit, including kin and adoptive families; or, 2. Reintegrate children with their families, including adoptive families.
7.310.1 DEFINITIONS
Family Stabilization Services consists of the following services areas:
A. “RespiteCare” : a service to provide temporary care to children who are not in an out-of-home placement through the county departments of social/human services and to their families who request a short break in parenting in order to stabilize family environment. Respite may occur outside of the home and in the home settings for less than 24 hours. The family may choose appropriate respite care providers including, but not limited to, kin, friends and licensed providers depending on the needs of the family and available resources.
B. “ In-home Services” : short-term, solution-focused services provided to children who are not in an out-of-home placement through the county departments and to their families, based on their unique needs in order to strengthen the home environment so that children do not need a higher level of intervention or out-of-home placement.
C. “ Reintegration Services ” :transition services to assist children and families to reintegrate following an out-of-home placement. Service elements would prepare children and their families for successful reunification.
7.310.2 PROGRAM ELIGIBILITY
A. County departments may make available Family Stability Services, subject to available resources, to families who meet the eligibility criteria. These services shall be provided through contracts or service agreements with private or nonprofit organizations or entities whenever possible.
B. In order to be eligible for the Family Stability Services:
1. Each family shall be in need of services to stabilize the home environment; or have been reunited with the child(ren) following an out-of-home placement.
2. Each family must also:
7.310.3 SERVICE ELEMENTS
Family stability services may include, but are not limited to, the following array of services in order to address the diverse needs of the family:
A. Crisis Intervention: Crisis services such as phone or in-home counseling, crisis counseling, respite care (less than 24 hour) or acute interventions aimed at alleviating the crisis.
B. Family Support Services: Family strengthening services such as parent education, family group conferencing, tutoring, mentoring, life skills training, home visitation, mediation, conflict resolution, family advocacy, support groups, recreational activities and linkages to other community resources.
C. Therapeutic Services: These services could include individual and family counseling, aftercare treatment, multi-systemic therapy, case management, and other therapeutic interventions.
7.310.4 SERVICE TIME FRAMES
Service time frames shall be outlined in the support plan.
A. Respite services must be less than 24 hours of continuous care and may be provided up to three (3) months. Respite services should be provided within 24 hours of identification of the need.
B. In-Home services may be provided up to three (3) months. The family should be linked to organized and/or natural supports within the community within one (1) week of the identification of the need.
C. Reintegration services may be provided up to three (3) months. The family should be linked to therapeutic services within one (1) week of identification of the need.
D. Extensions to the initial provision of service are optional; if a review process is described in the county Family Stability Services plan and the support plan indicates that the family will benefit from an extension of services in order to stabilize the home environment.
7.310.5 WORKLOAD STANDARDS
Workload standards shall be determined by the local county department and/or by community-based agencies and outlined in the county Family Stability Services plan.
7.310.6 STAFF QUALIFICATIONS
Staff Qualifications shall be determined by the local county department and/or by community-based agencies and outlined in the county Family Stability Services plan.
7.310.7 PERFORMANCE INDICATORS
Family Stability Services' success shall be measured by the degree to which the following performance indicators, as identified in the support plan, are achieved by clients:
A. Crisis Intervention The family has improved family interactions and has demonstrated the ability to alleviate a crisis.
B. Family Support Services The family has created and has shown its ability to utilize an informal or/and formal support system within the community that is readily accessible during stressful family situations to enable the members to remain safely together.
C. Therapeutic Services The family has identified its strengths and demonstrated an increased capacity to advocate for itself and manage the day-to-day stressors of working as a family unit. ___________________________________________________ Editor’s Notes History Section 7.304.21 - D.2.f.4 Emer. Rule eff. 08/03/2007.
Section 7.301.1 - 22, 7.301.231 eff. 09/01/2007.
Section 7.304.21 eff. 10/30/2007.
Emer. Rule Section 7.301.1 eff. 08/01/2008.
Section 7.301.1 eff. 10/01/2008.
Section 7.304.64 eff. 11/1/2008.
Section 7.304.62 eff. 1/1/2009.
Sections 7.306.11 – 7.306.14, 7.306.2, 7.306.22 – 7.306.31, 7.306.34, 7.306.4 – 7.306.6 eff. 02/01/2009. Sections 7.302, 7.302.2; Repeal Sections 7.302.7 – 7.302.32 eff. 04/01/2009.