STATEMENT OF BASIS AND PURPOSE 1.1 The purpose of the Colorado Department of Institutions, Division of Youth Services' promulgation of rules concerning parental fee assessment is to comply with the legislative mandate cited in Colorado Revised Statute 19-1-115 (4) (d) as amended June 6, 1993 by assuring that each juvenile who is committed to the Department of Institutions is financially supported by the juvenile's parents for the extent of the period that the juvenile is in placement. 19-1-115 (4) (d) states that “A decree vesting legal custody of a child or providing for placement of a child with an agency in which public moneys are expended shall be accompanied by an order of the court which obligates the parent of the child to pay a fee, based on the parent's ability to pay, to cover the costs of the guardian ad litem and of providing for the residential care of the child. ... When a child is committed to the department of institutions, such fee for care and placement shall be in accordance with the fee requirements as provided by rule of the Department of Institutions, and such fee shall apply, to the extent unpaid, to the entire period of placement.” 1.2 The intent of the Department of Institutions, Division of Youth Services' promulgation of rules concerning fee assessment is to assure that the assessment of fees for services is equitable to all parents of children placed with the Department of Social Services or committed to the Department of Institutions by assuring a consistent application of the regulations and guidelines.

1.3 This rule was proposed pursuant to Notice of Public Hearing filed on March 29, 1994, and after proper notice, a public hearing was conducted on May 5, 1994. Written and oral testimony presented to the Department of Institutions was considered in the determination to adopt this rule. The record of the rule-making proceeding demonstrates the need for this regulation; the regulation has been clearly and simply stated so that its meaning may be understood by any party required to comply with the regulation; and the regulation does not conflict with other provisions of law.

LEGAL BASIS 2.1 The statutory basis for the promulgation of the rules contained herein is found in 19-1-115 C.R.S. amended June 6, 1993.

DEFINITIONS 3.1 Colorado Child Support Enforcement Guidelines: The uniform schedule of basic child support obligations originally prepared by the Colorado Child Support Commission and enacted by the Colorado General Assembly in section 14-10-115 C.R.S, as amended, effective August 1, 1992.

3.2 Colorado Child Support Enforcement Program: The State of Colorado's Child Support Enforcement Program established pursuant to the State of Colorado's published plan for compliance with the Federal Social Security Act, Title IV-D.

3.3 Department: The Colorado Department of Institutions.

3.4 Duty of support: A duty of support imposed by law; by order, decree, or judgment of any court; or imposed by administrative order, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. “Duty to support” includes the duty to pay a monthly support obligation, a child support debt, and any arrearages.

3.5 Fee Assessment: A determination of an amount of money to be paid by parents/obligors for services provided to a minor child, pursuant to section 19-1-115 C.R.S., as amended, effective June 6, 1993, using a standardized fee schedule to assure equality in the fee based upon the parents' financial ability to pay.

3.6 Fee Schedule: A fixed and standardized table of payment which is utilized to compute and establish the amount of money parents/obligors are financially obligated to pay for the support of the child. In the case of the Colorado Department of Institutions, the fee schedule adopted is the Colorado Child Support Guideline, Schedule of Basic Child Support Obligations, established pursuant to section 14-10-115 C.R.S., as amended August 1, 1992.

3.7 Juvenile: A person under the age of 18 or a person who has reached his or her 18th birthday and is under the continuing jurisdiction of a Juvenile Court or a District Court regarding a juvenile matter. GENERAL PROVISIONS 4.1 To assure payment for the delivery of services for the care and placement of juveniles, the Colorado Department of Institutions hereby establishes and adopts uniform fees for parents using the guidelines set forth in section 14-10-115 C.R.S.

INCORPORATED MATERIALS 5.2 The rules promulgated herein which contain references to other published laws, codes or rules do not include any later amendments to or editions to the incorporated materials after the referenced date provided within the adopted rules.

NOTICE OF FINANCIAL RESPONSIBILITY ISSUED 6.1 The Department or delegate support enforcement unit shall issue a notice of financial responsibility to the parents who are responsible for the support of a juvenile in the care and custody of the Department. The notice shall include the following information, at the minimum:

a. That the parents are required to provide the required income information to the Department so that a determination of the parents' fee assessment may be calculated;

b. That the Department may issue an order of default setting forth the amount of the parents' assessed fees if the parents fail to provide the income information by the established deadline.

c. The name and date of birth of the subject juvenile.

d. That the amount of the monthly fee assessment shall be calculated by utilizing the child support guidelines set forth in section 14-10-115 C.R.S.

e. That the costs of collection may be assessed against and collected from the parents.

f. That the parents have the right to consult an attorney; and g. That the parents are obligated to notify the Department if the parents' income level or financial status changes.

DISCLOSURE OF FINANCIAL STATUS/INCOME INFORMATION 7.1 Pursuant to the issuance of a notice of financial responsibility, parents of juveniles committed to the Department of Inst tutions shall be required to provide the Department with the income information which is requested, including but not limited to, wages earned, maintenance or child support benefits being received, income generated from assets, tax records, or other such information which will allow the Department to make a determination of the actual amount of income available to the parents.

7.2 The parents shall be required to report all income using the forms provided by the Department.

7.3 In the absence of any income information, the Department shall establish a monthly income estimate based on the current minimum wage for a forty hour work week, excluding any allowable deductions which would normally be applicable.

7.4 Following written notification to the affected parents, the Department may adjust the estimated monthly income of the parents whenever information is presented or obtained which indicates that the current estimate is incorrect or is no longer applicable. ASSESSMENT OF FEES 8.1 Using the fee schedule and the information provided by the parents, the Department shall calculate the fee to be assessed to each committed juvenile's parents and the manner in which it will be paid.

8.2 The Department shall notify the parents in writing of the amount due, the available methods of payment, and where to deliver the payment.

8.3 Parents' payment obligation shall be based on the parents' income as well as the cost of the juvenile's placement program. In no instance shall a parent be assessed a fee which exceeds the actual cost of the placement of the juvenile.

8.4 Parents shall submit payment to the Department within 30 days of the billing date. Payments which are not received within 30 days following billing shall be considered to be in arrears.

8.5 A copy of the administrative order of financial responsibility issued pursuant to 19-1-115 C.R.S. may be filed with the clerk of the district or juvenile court which committed the subject juvenile to the Department.

ENFORCEMENT 9.1 Non-payment of the determined fee assessment by the Department shall result in the issuance of a notice of default.

9.2 Non-payment of the determined fee assessment by the Department shall be subject to arrearage collection using any means allowable by law.

9.3 The Department shall notify the parents in writing when collection/enforcement activities have been initiated.

APPEAL PROCESS 10.1 Persons assessed a fee for the provision of care and treatment to a juvenile committed to the Department shall have the right to appeal the fee assessment determination within 60 days of the notification of the fee assessment.

10.2 When a person who has been assessed a fee wishes to appeal the determination of the assessment, a written appeal may be filed with the Department's authorized designee. The written appeal shall include the substantive basis for the appeal on which the Department is being requested to make a determination and the relief that the person is requesting be granted as a result of the appeal.

10.3 The grounds for an appeal consists of the following criteria:

a. The fee assessment is incorrect; or b. The person being assessed a fee for the care and treatment of a juvenile committed to the Department is not the juvenile's parent or is not legally responsible for the juvenile's care and treatment; or c. The person being assessed a fee was not granted due process notification prior to the execution of the fee assessment.

WAIVER OF FINANCIAL OBLIGATION 11.2 When a person who has been assessed a fee wishes to apply for a waiver regarding the assessment of the fees, a written application may be filed with the Department or its authorized designee using a standardized form provided by the Department. The written application shall include the substantive basis for the waiver request on which the Department is being asked to make a determination.

11.3 The criteria used by the Department to make a determination of a waiver of the assessed fee may include, but is not necessarily limited to, the following criteria:

a. The parents have medical, educational, child care or other financial obligations to dependants and the assessment of fees would render the parents incapable of meeting the other existing obligations if the assessed fee were to be imposed; or b. The parents have existing debts which would remain unpaid if the assessed fee were to be imposed.

11.4 When a waiver has been requested, the Department shall respond to the request in writing within 30 days. The Department may respond by:

1. Granting the waiver request with no further review requirements, or;

2. Denying the request waiver, or;

3. Seeking additional data from any other source deemed relevant, or;

4. Setting the matter for a negotiation conference, an administrative review or for a hearing before a designated hearing officer.