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7: 7.0 General Information and Policies (regarding child welfare services) (12 CCR
2509-1)
Disclaimer
On-line versions of these rules are the most current versions available; however, these are not the official publications. For official
publication of these and all State of Colorado regulations, please consult the Code of Colorado Regulations (CCR) found on the Secretary
of State's web site at: http://www.sos.state.co.us/CCR/Welcome.do or LexisNexis/Matthew Bender & Co., Inc. at 1-800-833-9844 for hard
copy inquiries.
7.000 GENERAL INFORMATION AND POLICIES
7.000 GENERAL INFORMATION AND POLICIES
7.000.1 DESCRIPTION
There are basic information, legal mandates, and policies generic to the administration and/or provision of services that cut
across all program and service areas. These include general administrative responsibilities, protection of clients' rights,
responsibilities of clients, case processing and documentation, and reporting requirements. The county departments shall
provide services to all persons who are eligible and belong to the particular program area target groups within the following
rules of the Colorado Department of Human Services, subject to available appropriations.
7.000.2 [7.000.2] FEDERAL GOALS
Social services made available by county departments shall be directed toward the following federal goals (Title 45, CFR,
Subtitle C, Section 2351):
A. Achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;
B. Achieving or maintaining self-sufficiency, including reduction or prevention of dependency;
C. Preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or
preserving, rehabilitating, or reuniting families;
D. Preventing or reducing inappropriate institutional care by providing for community based care, home based care, or other
forms of less intensive care, and;
E. Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to
individuals in institutions.
F. Minimizing the number of children in out-of-home placement for 24 or more months. The yearly goal shall be
communicated by agency letter. The goal will be achieved through permanency efforts required in Section 7.300.
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7.000.3 [7.000.3] PROGRAM AREAS (PA)
Services are available from county departments in the following program areas:
A. Program for the Protection of Adults Unable to Protect Their Own Interests (PA 2)
B. Program for Youth in Conflict (PA 4)
C. Program for Children in Need of Protection (PA 5)
D. Program for Children and Families in Need of Specialized Services (PA 6)
E. Program for Resource Development (PA 7)
7.000.4 [7.000.4] TARGET GROUPS
Target groups for the above program areas are included in each area.
7.000.5 [7.000.5] DEFINITIONS OF TERMS [Rev. eff. 2/1/10]
The following are definitions of commonly used terms used in this manual:
A. "Applicant" means a person who has, directly or through someone authorized to act responsibly for him/her, requested
social services. Such a person continues as an "applicant" so long as such application remains pending.
B. "Application" means an action by a person or an authorized representative who indicates verbally or in writing to the
county department a desire to receive social services.
C. "Child" means any person under 18 years of age.
D. "Child Welfare Child Care" means child care assistance used 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. This care is less than twenty-four (24)
hours daily. See Section 7.302, "Child Welfare Child Care" (12 CCR 2509-4).
E. "Child Welfare Services" means service and payments for services (other than medical services covered by the "Colorado
Medical Assistance Act") available, directly or indirectly, through the social services staff of the state and county departments
for the benefit of eligible persons which services are provided pursuant to rules and regulations adopted by the State
Department. Child welfare services are defined in Section 26-5-101(3), C.R.S.
F. "Client" shall mean any applicant or recipient applying for or receiving social services from a county department.
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G. "Concurrent planning" means the simultaneous preparation of plans to: 1) assist the child's parents in completing a
treatment plan that, when completed by the parents, will allow the child to safely return to the parents' home; and, 2) place
the child in a setting that will become the child's permanent home if the parents are unable to successfully complete their
treatment plan.
H. "County Department" means a county department of social services or, if applicable, the county agency responsible for
providing child welfare services as defined by Section 26-5-101(3), C.R.S.
I. "Day Care" or "Child Care Service" means care of a child under the age of 13 years (older children who need protection or
have a special need may be approved by the county department) for a portion of a day, but less than 24 hours, in his own
home by a person other than the parent or relative parent substitute, in a relative home, an exempt day care home, in a
licensed or certified day care home, or licensed group day care facility.
J. "Delinquent child" means a child ten years of age or older who has violated any federal or state law, except non-felony
state traffic and game and fish laws or regulations; any municipal ordinance except traffic ordinances, the penalty for which
may be a jail sentence; or any lawful order of the court made in accordance with the Children's Code (Section 19-1-103(9),
C.R.S., as amended).
K. "Developmental disability" means a disability that is manifested before the person reaches twenty-two (22) years of age,
which constitutes a substantial disability to the affected individual, and is attributable to mental retardation or related
conditions which include cerebral palsy, epilepsy, autism or other neurological conditions when such conditions result in
impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation.
1. "Impairment of general intellectual functioning" means that the person has been determined to have an intellectual
quotient equivalent which is two or more standard deviations below the mean (70 or less assuming a scale with a mean of
100 and a standard deviation of 15), as measured by an instrument which is standardized, appropriate to the nature of the
person's disability, and administered by a qualified professional. The standard error measurement of the instrument should
be considered when determining the intellectual quotient equivalent. When an individual's general intellectual functioning
cannot be measured by a standardized instrument, then the assessment of a qualified professional shall be used.
2. "Adaptive behavior" means that the person has overall adaptive behavior which is significantly limited in two or more skill
areas (communication, self-care, home living, social skills, community use, self-direction, health and safety, functional
academics, leisure, and work), as measured by an instrument which is standardized, appropriate to the person's living
environment, and administered and clinically determined by a qualified professional.
3. "Similar to that of a person with mental retardation", in regard to adaptive behavior, means that a person's adaptive
behavior limitations are a direct result of, or are significantly influenced by, the person's substantial cognitive deficits and may
not be attributable to only a physical or sensory impairment or mental illness.
L."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.
M"Emancipation Transition Plan" is a personalized youth-driven written document, that supports emancipation and is
intended to prevent the youth from becoming homeless.
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N. "Fair Hearing" means any procedure by which an Administrative Law Judge, upon the request of an applicant or recipient,
reviews facts in relation to an adverse action taken by a county department pursuant to Section 3.850 of the Department of
Human Services' Income Maintenance staff manual (9 CCR 2503-1).
O. "Family" means one or more adults and children, if any, related by blood, or law and residing in the same household.
Where adults, other than spouses, reside together, each is to be considered a separate family. Emancipated minors and
children living under the care of individuals not legally responsible for that care are also to be considered separate families. A
stepparent residing in the same household, who is not legally responsible for a child, is not considered a member of the
family for purposes of determining monthly gross income in establishing a foster care fee. Stepchildren residing in the same
household, for whom the custodial parent(s) are not legally responsible, are not considered part of the family in establishing
a foster care fee.
P. "Independent Living Arrangement (I.L.A.)" means a placement in foster care where a youth lives independently in the
commmunity 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.
Q. "Independent Living Assessment" means an evaluation of the youth's daily living skills. This assessment will document
the youth's strengths and needs, as well as capacity and motivation to learn the appropiate skills.
R. "Independent Living Plan (I.L.P.)" means 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.
S. "Intake" means that process in the county department in which an applicant makes known his need for service, the
dimension of the need is explored, and a decision is made as to whether the agency can help.
T. "Neglected" or "dependent child" is defined in the Children's Code (Section 19-1-103, C.R.S.).
U. "Provided services" means those services delivered by county department of social services staff.
V. "Provider" means a vendor of goods and/or services under the social services program.
W. "Purchased services" means those services made available to recipients through either another public agency, a private
agency, or a private individual under contract with the state or county department.
X. "Reasonable efforts" is defined in the Children's Code (Section 19-1-103, C.R.S.).
Y. "Recipient" means any individual or family who is receiving or has received benefits from the programs of public
assistance administered or supervised by the state department pursuant to the provisions of Title 26, C.R.S. Recipient also
means an individual with whom, or for whom, a specific goal is established and to whom services are provided or purchased
for the sole purpose of achieving this goal. Services are considered to be provided to the recipient when they are provided to,
or on behalf of, other members of the recipient's family to facilitate achievement of the recipient's goal.
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Z. "Safety" means the absence of conditions that are likely to result in harm to the child.
AA. "Siblings" means a sibling from birth who is descended from one or two mutual parents, stepbrother, former stepbrother,
stepsister, or a former stepsister as defined in Section 19-1-128(5), C.R.S. for the purpose of sibling visitation.
BB. "State Department" means the Colorado State Department of Human Services.
CC. "Supplemental Security Income (SSI)" means monthly cash payments made by the Social Security Administration to an
aged, blind, or disabled individual who meets the requirements under Title XVI of the Social Security Act.
DD. "Supportive activities" means those activities of the informational, statistical, clerical personnel, and staff training
systems which support the social services program.
EE. "Title XX" means that title of the Federal Social Security Act from which the State's Services Plan is based. The Title XX
legislation is contained in Public Law No. 97-35.
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