Title of Proposed Rule:
Rule-making#:
Revision of Independent Living and Chafee Foster Care Independence Program to
Include Emancipation Services and Identification Documents
08-11-4-1
Office or Division/Program:
Division of Child Welfare
Rule Author: Shirley Dodd
Phone: 303-866-4539
E-Mail: shirley.dodd@state.co.us
STATEMENT OF BASIS AND PURPOSE
Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the
rule or rule change is necessary and what the program hopes to accomplish through this rule.)
The purpose of this rule is to require county departments to provide vital life documents to youth emancipating from
foster care.
This proposed rule is a recommendation of the Governor’s Child Welfare Action Committee.
Independent Living and the Chafee Foster Care Independence Program provide an array of services that prepare
foster youth for self sufficiency. The services include secondary education support and post-secondary
preparation; employment, social, and self-care skills; and, housing and resource acquisition.
Currently, many youth are leaving foster care without vital documents necessary to apply for college or vocational
schools, secure employment and obtain housing. A government issued picture identification is required to take the
GED tests. Leaving foster care without vital documents places Colorado’s foster youth at a significant
disadvantage compared to youth who have family to assist entry into adult life.
An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:
to comply with state/federal law and/or
to preserve public health, safety and welfare
Explain:
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2008) - State Board to promulgate rules; 26-1-109, C.R.S. (2008) - State
Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2008)- State Board to promulgate rules for
public assistance and welfare activities.
Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)
26-5-102, C.R.S. (2008) - allows the Department to adopt rules to establish a program of child welfare services.
Initial Review
02/06/2009
Final Adoption
Proposed Effective Date
05/01/2009
EMERGENCY Adoption
03/06/2009
n/a
Rule-making Form SBA-3a (10/08)
Title of Proposed Rule:
Rule-making#:
Revision of Independent Living and Chafee Foster Care Independence Program to
Include Emancipation Services and Identification Documents
08-11-4-1
Office or Division/Program:
Division of Child Welfare
Rule Author: Shirley Dodd
Phone: 303-866-4539
E-Mail: shirley.dodd@state.co.us
STATEMENT OF BASIS AND PURPOSE (continued)
Does the rule incorporate material by reference?
Does this rule repeat language found in statute?
Yes
X
No
Yes
X
No
If yes, please explain.
State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and
Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which
stakeholders?
Governor’s Child Welfare Action Committee; Sub-Policy Advisory Committee (Sub-PAC); Colorado Office of the
Child’s Representative; Colorado Court Improvement Project; Colorado Youth Leadership Team; Mile High
United Way/Bridging The Gap Program Director and Youth Board; Urban Peak; Chafee and Independent Living
supervisors and Chafee coordinators; and, CDHS Administrative Review Division, Office of Information
Technology, and Field Administration
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
Rule-making Form SBA-3a (10/08)
Title of Proposed Rule:
Rule-making#:
Revision of Independent Living and Chafee Foster Care Independence Program to
Include Emancipation Services and Identification Documents
08-11-4-1
Office or Division/Program:
Division of Child Welfare
Rule Author: Shirley Dodd
Phone: 303-866-4539
REGULATORY ANALYSIS
(complete each question; answers may take more than the space provided)
1. List of groups impacted by this rule:
Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?
Youth emancipating from foster care will benefit from having vital documents including a birth certificate, state ID,
etc., which are necessary for youth seeking employment and housing, and becoming self sufficient.
County departments of social/human services will bear the cost in terms of case work time to assist the youth in
accessing the documents as well as a potential cost of $40.00 per youth as outlined below; in item 3, “County
Fiscal Impact”.
2. Describe the qualitative and quantitative impact:
How will this rule-making impact those groups listed above? How many people will be impacted? What are the
short-term and long-term consequences of this rule?
The rule will impact approximately 900 youth emancipating from foster care, annually. The short-term impact is that
youth will have the necessary documents to obtain health care, housing, employment, secondary and postsecondary education. The long-term impact is that youth will be more self sufficient. Self sufficient adults are more
reliant on their own resources and less reliant on government programs. County departments of human/social
services will benefit by providing resources necessary for the well-being of emancipated foster youth.
3. Fiscal Impact:
For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the
distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of
the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what
consultation has occurred with those who will need to devote resources.
State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits
Management System (CBMS) change request costs required to implement this rule change)
None
County Fiscal Impact
The current per person cost to obtain a birth certificate and a Colorado Identification Card or
Colorado Driver’s License is approximately $40.00. The cost to counties is as follows: the average
number of youth per county in the ten largest counties is 69 for an average annual cost of
$2,760.00; the average number of youth per county in medium size counties is five (5) for an
average annual cost of $200.00 and the smaller county numbers and costs would be minimal. The
county is expected to fund the cost in the event the youth is unable to fund the cost of the vital
documents. Although county departments are already providing some youth with these
documents, the average cost per county is based upon zero youth currently receiving a Colorado
Identification Card or Colorado Driver’s License or certified birth certificate.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:
Rule-making#:
Revision of Independent Living and Chafee Foster Care Independence Program to
Include Emancipation Services and Identification Documents
08-11-4-1
Office or Division/Program:
Division of Child Welfare
Rule Author: Shirley Dodd
Phone: 303-866-4539
Rule currently requires counties to maintain health records and educational records for youth in
out-of-home placement. These could be printed and provided to these youth.
REGULATORY ANALYSIS (continued)
Federal Fiscal Impact
None
Other Fiscal Impact (such as providers, local governments, etc.)
It is anticipated that county departments would work with the emancipating youth so the youth can fund obtaining his or
her vital documents to the extent that the youth demonstrates the financial ability to do so.
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon
when developing this rule?
Special data or reports were not used in developing this rule.
5. Alternatives to this Rule-making:
Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to
accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no
action or using another alternative.
Currently, county departments are not required to provide identification, health, and education documents.
Although an Agency Letter would provide guidance, it would not provide a requirement to assure youth
emancipated from foster care with necessary vital documents.
There is no less intrusive alternative that would require county departments to assist youth to obtain vital
documents that emancipating youth need in order to take GED exams, enter college, secure employment, and
avoid homelessness.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:
Rule-making#:
Revision of Independent Living and Chafee Foster Care Independence Program to
Include Emancipation Services and Identification Documents
08-11-4-1
Office or Division/Program:
Division of Child Welfare
Rule Author: Shirley Dodd
Phone: 303-866-4539
OVERVIEW OF PROPOSED RULE
Compare and/or contrast the content of the current regulation and the proposed change.
Section Numbers
Current Regulation
Proposed Change
Stakeholder Comment
7.305.1
Independent Living and
Chafee Foster Care
Independence Programs
(CFCIP)
Change heading title to
Emancipation Services,
which covers services in
general
_X_
Yes
_
No
7.305.5
None
Add subsection for access
to vital life documents prior
to emancipation
_X_
Yes
_
No
Rule-making Form SBA-3c (10/08)
Title of Proposed Rule:
Rule-making#:
Revision of Independent Living and Chafee Foster Care Independence Program to
Include Emancipation Services and Identification Documents
08-11-4-1
Office or Division/Program:
Division of Child Welfare
Rule Author: Shirley Dodd
Phone: 303-866-4539
STAKEHOLDER COMMENT SUMMARY
DEVELOPMENT
The following individuals and/or entities were included in the development of these proposed rules (such as other
Program Areas, Legislative Liaison, Sub-PAC, and the Child Welfare Action Committee):
The Governor’s Child Welfare Action Committee recommended a rule that requires county departments to
provide vital documents to youth emancipating from foster care.
THIS RULE-MAKING PACKAGE
The following individuals and/or entities were contacted and informed that this rule-making was proposed for
consideration by the State Board of Human Services:
Governor’s Child Welfare Action Committee; Sub-Policy Advisory Committee (Sub-PAC); Colorado Office
of the Child’s Representative; Colorado Court Improvement Project; Colorado Youth Leadership Team;
Mile High United Way/Bridging the Gap Program Director and Youth Board; Urban Peak; County Chafee
and Independent Living supervisors and Chafee coordinators; and, CDHS Administrative Review Division,
Office of Information Technology, and Field Administration
Comments were received from stakeholders on the proposed rules:
X
Yes
No
If “yes”, summarize and/or attach the feedback received by specifying the section and including the
Department/Office/Division response. Provide proof of agreement or ongoing issues with a letter or public
testimony by the stakeholder.
The following stakeholders support the proposed rule change:
●
The Executive Director of the Office of the Child’s Representative supported the requirement to provide
Colorado’s emancipated youth with the vital life documents necessary for health and education
●
The Mile High United Way/Bridging the Gap Program Director said that state approved picture
identification is required for employment, secondary and post-secondary education and some housing
lease agreements. Youth emancipating from foster care have few resources and supports to obtain
official documents on their own. Health and education documents are necessary for stability and wellbeing.
●
The Urban Peak Education Coordinator, for runaway and homeless youth, reported that young adults
are unable to take GED tests and employment efforts hindered without approved government issued
picture identification and a Social Security Card. Obtaining a Colorado Driver’s License or Colorado
Identification Card is a continuing struggle.
Rule-making Form SBA-3d (10/08)
Title of Proposed Rule:
Rule-making#:
Revision of Independent Living and Chafee Foster Care Independence Program to
Include Emancipation Services and Identification Documents
08-11-4-1
Office or Division/Program:
Division of Child Welfare
Rule Author: Shirley Dodd
Phone: 303-866-4539
STAKEHOLDER COMMENT SUMMARY (continued)
●
The Colorado Court Improvement Project supported this proposed rule as necessary for emancipated
youth to facilitate college and employment.
●
A youth stated that she plans to attend college but doesn’t have a Social Security card and picture
identification necessary to apply for financial aid.
●
The Denver Chafee Foster Care Independence Program Manager supported the changes; however,
stated that a U.S. Passport takes significantly less caseworker time to obtain, in her county, than a
Colorado Driver’s License or a Colorado Identification Card. A U.S. Passport is a document that
contains all required elements needed to obtain a Colorado Driver’s License or a Colorado
Identification Card.
●
CDHS Administrative Review Division supports the provision of vital life documents with the addition of
the word “GOAL” prior to the date of emancipation.
●
Adams County Chafee Coordinator reported that youth cannot gain employment or open bank
accounts without identification and it would be beneficial to have identification documents at age
sixteen.
The following stakeholders have concerns with the proposed changes:
●
El Paso Chafee Program Manager and Chafee Coordinator stated that, although their county is
working on a plan to secure the documents early and is supportive in “spirit”, the proposed rule will
have a fiscal impact.
●
Sub-PAC reported that there are cases when documents cannot be provided. Additionally, there is a
resource burden to county departments to provide health and education records to emancipating foster
youth. The Department will be working with counties to address this concern, appropriately, in rule.
Rule-making Form SBA-3d (10/08)
12 CCR 2509-4
CHILD WELFARE SERVICES
7.304.74
7.304.74 - 7.305.2
Responsibilities of Foster Parents (continued)
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) EMANCIPATION SERVICES
7.305.1
INDEPENDENT LIVING
Rev. eff.
12/1/00
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 P).
7.305.2
DEFINITIONS
Rev. eff.
4/1/01
"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.
THIS REVISION:
Adopted:
Effective Date:
VII-05-1
LAST REVISION:
VII-01-1
REVISION NUMBER
1/7/2005
Adopted:
2/2/2001
3
3/2/2005
Effective Date:
4/1/2001
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 7
SOCIAL SERVICES
12 CCR 2509-4
CHILD WELFARE SERVICES
7.305.42 - Concl.
7.305.42
Eligibility
Rev. eff.
4/1/01
To be eligible for Chafee Foster Care Independence Program (CFCIP) services, the
youth must:
7.305.5
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.
ACCESS TO VITAL LIFE DOCUMENTS PRIOR TO EMANCIPATION
ALL YOUTH WITH A GOAL OF EMANCIPATION OR OTHER PLANNED PERMANENT
LIVING ARRANGEMENT SHALL BE PROVIDED WITH THE FOLLOWING
DOCUMENTS AT LEAST SIX (6) MOTHS PRIOR TO THE DATE OF EMANCIPATION
AT AGE EIGHTEEN (18) OR OLDER:
A.
A CERTIFIED BIRTH CERTIFICATE;
B.
A SOCIAL SECURITY CARD;
C.
A STATE IDENTIFICATION CARD OF DRIVER’S LICENSE;
D.
A HEALTH PASSPORT AND OTHER PERTINENT HEALTH-RELATED
RECORDS; AND,
E.
EDUCATIONAL RECORDS.
THIS REVISION:
Adopted:
Effective Date:
VII-01-1
LAST REVISION:
VII-99-4
REVISION NUMBER
2/2/2001
Adopted:
6/4/99
2
4/1/2001
Effective Date:
8/1/99
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 7
SOCIAL SERVICES