Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
E-Mail: mary.griffin@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.)
House Bill (HB) 12-1047 regarding waiving non-safety certification standards for kinship family foster care homes
was supported by the Colorado Human Services Directors Association (CHSDA). The statute requires rules to be
promulgated that include, but are not limited to, the following:
●
●
●
Identification of non-safety certification standards that may be waived;
Identification of circumstances that do not apply; and
Definition of kinship family foster care.
Kinship family foster care is defined in rule-making package #12-5-3-1 regarding the Guardianship Assistance
Program.
Technical clean-up will provide guidance for implementing adoption rules for Title IV-E eligible children and youth
who will be adopted from the child welfare system as contained in Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351).
A rule in Section 7.306.35 regarding sealed adoption records is repealed based on guidance from the Office of
Legislative Legal Services.
A rule that clarifies a minimum age to establish a permanency goal of Other Planned Permanent Living
Arrangement will provide guidance for permanency planning.
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:
Initial Review
Proposed Effective Date
09/07/2012
12/01/2012
Final Adoption
EMERGENCY Adoption
10/05/2012
N/A
DOCUMENT 3
_______________
[Note: “Strikethrough” indicates deletion from existing rules and “all caps” indicates addition of new rules.]
Rule-making Form SBA-3a (08/09)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
E-Mail: mary.griffin@state.co.us
STATEMENT OF BASIS AND PURPOSE (continued)
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2011) - State Board to promulgate rules; 26-1-109, C.R.S. (2011) - State
Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2011) - State Board to promulgate rules for
public assistance and welfare activities; 26-6-106(6)(a), (d), C.R.S. as amended by H.B. 12-1047 - requires rulemaking
Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)
19-5-305, C.R.S. (2011) - addresses access to adoption records;
26-6-104(7)(a)(I)(A-F), C.R.S. (2011) - regarding criminal history that requires denial of a family foster care home
certificate; 26-7-103, C.R.S. (2011) - regarding conditions for subsidized adoption;
26-7-106, C.R.S. (2011) - regarding federal funds for subsidized adoption
42 U.S.C. 671 Section 471(a)(10) - requires states to develop foster care standards and also allows a waiver of a
non-safety standard “on a case-by-case basis as determined by the State in relative foster family homes for specific
children in care”;
42 U.S.C. 673 Sec. 473(e)(1) - allowed additional children and youth to become eligible for Title IV-E adoption
assistance beginning in Federal Fiscal Year 2010
Does the rule incorporate material by reference?
Yes
X
No
Yes
X
No
Does this rule repeat language found in statute?
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?
Colorado Counties, Inc. (CCI), Child Protection Task Group, Colorado Association of Family and Children’s
Agencies (CAFCA), Colorado Coalition of Adoptive Families (COCAF), Colorado Human Services Directors
Association (CHSDA), CHSDA foster care rules subcommittee, Colorado State Foster Parent Association,
Colorado Trails User Group (CTUG), Title IV-E eligibility staff, county adoption supervisors, adoption assistance
workers, Foster Care and Adoption Agencies of Colorado, Foster Care Coordinators, Colorado Department of
Health Care Policy and Financing (HCPF), Permanency Task Group, Office of the Child’s Representative (OCR),
Rocky Mountain Children’s Law Center, CDHS Division of Child Care and Administrative Review Division, Policy
Advisory Committee (PAC), and Child Welfare Sub-PAC.
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
Rule-making Form SBA-3a (08/09)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
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?
For Section 7.301, children and youth will benefit. There is no adverse impact.
For Section 7.306, children and youth in foster care and families who move with their adopted children and youth to
another state will benefit. County departments will benefit because they may claim Federal reimbursement. There
are no groups that will be adversely impacted by this rule.
For Section 7.708, children, youth and their families, prospective and current kinship family foster care providers,
and county departments will benefit from the rules. County departments may be impacted fiscally (see County
Fiscal Impact for this discussion).
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?
For Section 7.301, youth will benefit from having permanency options that do not include consideration of Other
Planned Permanency Living Arrangement (OPPLA) unless all options are exhausted Children will not have a
permanency goal of OPPLA. The short-term consequence for children and youth is ongoing effort by county
departments to achieve permanency. The long-term goal is increased likelihood of children and youth achieving
permanency and exiting foster care.
For Section 7.306, long-term consequence for all children and youth who have an Adoption Assistance Agreement
is their achievement of permanency and exit from foster care. For children and youth who are Title IV-E eligible
and who move to another state with their family, there may be a lack of reciprocity for public medical care. For
county departments, there is no federal reimbursement when children and youth with an Adoption Assistance
Agreement are not Title IV-E eligible.
For Section 7.708, when children and youth cannot remain safely in their own home county departments make
efforts to place them in out-of-home care with kin (including non-relatives who are defined by the family as familylike or those who had a prior significant relationship with the child or youth). Sometimes prospective kinship family
foster care providers cannot meet the certification standards without making accommodations that may cause a
financial hardship. This could result in the prospective provider to decline becoming a placement resource for a
child or youth, or denial of a foster care certificate. The proposed rules will allow waiving non-safety certification
standards as they apply to children or youth that will be cared for in the kinship family foster care home. Timely
certification will be facilitated and a child, youth, their siblings will be maintained with relatives or other kin with
whom they have a relationship.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
REGULATORY ANALYSIS (continued)
Families benefit because they also have a relationship with the caregiver and that promotes ongoing relationships
and increases opportunity for visitation, reunification, and support after the county department is no longer involved.
The short-term consequences are continued family connections and the children and youth receive care from
someone with whom they have a relationship. The long-term consequences for the children, youth, and their
families include ongoing familial connections, retention of identity and culture for the children and youth, and a likely
resource for permanency if reunification does not occur.
Kinship family foster care providers have a relationship with and commitment to the care of specific children and
youth, including siblings and they generally do not continue fostering when the children and youth are reunified or
achieve permanency in another way. The children or youth may be accustomed to the routines in the home of the
relative or other kin. The relative or other kin may not be able to meet some certification requirements such as
space or sleeping arrangements and it is a financial hardship for the potential caregiver to commit to moving to a
larger home or to make renovations in the home.
The short-term consequences for relatives or other kin are that they provide safe care for children or youth and they
are eligible to receive foster care maintenance to meet the needs of the children or youth. The long-term
consequences are that the relative or other kin can continue to be a resource to the family after the children or
youth are reunified or if reunification is not possible, they may be the permanent home and be eligible for
guardianship or adoption assistance payments.
The proposed rules allow county directors or their designees to waive non-safety certification standards for children
and youth in kinship family foster care homes. This will expedite the certification process, appeals will not be
required through the Department’s appeal process, and it promotes and supports familial relationships. The rules
also allow the county directors or their designee to limit or restrict a certificate for a kinship family foster care home
or require them to enter into a compliance agreement to assure the safety and well-being of the children or youth in
out-of-home care.
The short-term consequences are expedited certification of the kinship family foster care home, preservation of
familial connections, identity, and culture, maintaining siblings together, and provision of monthly foster care
maintenance payments. The long-term consequence is family preservation via reunification or permanency
through guardianship or adoption.
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)
Approximately fifty percent (50%) of children and youth in out-of-home care (except non-certified
kinship care) are eligible for maintenance reimbursement funded through title IV-E of the Social
Security Act. The State is reimbursed for approximately fifty percent (50%) of the cost of care,
which reduces the share from the state general fund.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
REGULATORY ANALYSIS (continued)
County Fiscal Impact
There is no fiscal impact for county departments to implement the rules. County departments will
continue to incur costs through foster care maintenance payments. Reimbursement ranges from
approximately three hundred dollars ($300) to four hundred and fifty dollars ($450) using the
minimum or anchor rates required in the State Department’s automated system (Trails). County
departments may negotiate rates upward from the minimum based on the needs of each child or
youth.
Non-certified kinship care is considered out-of-home care while the county department has legal
custody; however, these providers do not receive foster care maintenance and may apply for ChildOnly Temporary Assistance for Needy Families (TANF). The majority of county departments
provide one hundred and twenty-eight dollars ($128) for the monthly benefit.
As the TANF reserves are reduced, county departments may consider certifying eligible kinship
family foster care providers and they will receive foster care maintenance. In addition, as county
departments focus on youth permanency it is anticipated that more kinship family foster care
parents will become kinship guardians or adoptive families. In order to be eligible for either
assistance program, the provider must have been the foster parent for a period of time.
The number of additional children and youth that will be placed in kinship family foster care homes
versus non-certified kinship care is unknown but it is anticipated to increase.
Federal Fiscal Impact
For Section 7.301, there is no fiscal impact.
For Section 7.306, there will be a federal fiscal impact because additional children and youth will be
Title IV-E eligible and claimable and there will be increased federal reimbursement to the state.
For Section 7.708, the Department will amend the State Title IV-E Plan to incorporate the waiver of
non-safety certification standards. This will maximize claiming Title IV-E costs and assure that
federal requirements are met.
Other Fiscal Impact (such as providers, local governments, etc.)
For Section 7.306, there are no fiscal impacts.
For Section 7.708, costs for providers to make renovations or to move to a larger home to
accommodate space requirements could be eliminated or reduced.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division
or
Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
REGULATORY ANALYSIS (continued)
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon
when developing this rule?
For Section 7.301, data obtained from the State Department’s automated system (Trails) was reviewed regarding
the use of OPPLA goals for children and youth in out-of-home care.
For Section 7.306, 42 U.S.C. 673 Sec. 473(e)(1) was reviewed to assure accuracy.
For Section 7.708, an analysis of data reports from State Fiscal Year (SFY) 2006-2011 indicates that the average
daily placement (ADP) of children and youth in out-of-home care decreased annually. The number and percent of
children and youth in kinship family foster care decreased and the number and percent of children and youth in
non-certified kinship care increased.
SFY
2006
Average Daily Placement
Kinship Foster Care
565
Percent (%) of all
Out-of-Home Care
8
Average Daily Placement
Non-Certified Kinship Care
1,102
Percent (%) of all
Out-of-Home Care
16
2011
270
4.5
1,460
25
The Administration for Children, Youth, and Families (ACYF) issued ACYF-CB-PI-10-11 (policy instruction)
regarding “Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008”, was issued July
9, 2010 and provided information to the States about the parameters for waiving non-safety certification standards
and included the following information:
“We expect the reason for the waiver to be clearly documented in the licensing/approval record for the relative
foster home and the certification of licensure/approval to indicate its applicability to the specific relative child (see
CWPM 8.3A.8c Q/A #1). While the title IV-E agency has discretion to establish licensing standards and to
determine which licensing standards are considered non-safety standards, the agency must still adhere to the
Federal requirements under section 471(a)(20) of the Act (concerning criminal background and child abuse and
neglect checks for relative foster and adoptive parents, and guardians, and disqualifying crimes).”
42 U.S.C. 671 Sec. 471(a)(10) regarding the State Plan for Foster Care and Adoption Assistance requires States to
have foster care certification standards that are reasonably consistent with national standards, “including standards
related to admission policies, safety, sanitation, and protection of civil rights, provides that the standards so
established shall be applied by the State to any foster family home or child care institution receiving funds under
this part or part B of this title, and provides that a waiver of any such standard may be made only on a case-bycase basis for non-safety standards (as determined by the State) in relative foster family homes for specific children
in care.”
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division
or
Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
REGULATORY ANALYSIS (continued)
A “Report To Congress on States’ Use of Waivers of Non-Safety Licensing Standards for Relative Foster Family
Homes” issued by the ACYF in 2011 was reviewed and non-safety certification standards that may be waived in
Idaho, Missouri, and Wisconsin were compared to the current family foster care rules in Colorado. The three states
were chosen because their rules were more detailed and clear.
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.
For Section 7.708, no other alternatives were considered because Section 26-6-106(6)(d), C.R.S., requires rules to
be promulgated. The rules establish the parameters and the process for waiving non-safety certification standards
in order to assure compliance with State and Federal laws so that Title IV-E funding reimbursement is not
threatened.
For Section 7.301, rules clarifying the use of OPPLA for permanency planning will provide guidance for county
departments.
For Section 7.306, the dates identified in rules promulgated in 2010 require revision to comply with the federal rules
and a rule that expired must be repealed.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
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
7.301.24, Q, 1
Family Service Plan Outof-Home Placement
Documentation
Updated rule to clarify age
requirement for
establishing a
permanency goal of Other
Planned Permanent Living
Arrangement and
technical clean-up
__
Yes
X
No
7.306.35
Instructions for providing
information from sealed
adoption records
Repeal because rule
expired based on
instructions provided by
Office of Legislative legal
Services
__
Yes
X
No
7.306.4
Adoption Assistance
Services
Technical clean-up
__
Yes
X
No
7.306.41, B, 7, a-i
and 8
Identification of Federal
fiscal years for allowing
IV-E eligibility
Correct incorrectly
identified years
__
Yes
X
No
7.500.31, K, 1-4
Family Foster Care
Homes
Clarifies authority for
county directors or their
designees to waive nonsafety certification
standards in kinship family
foster care homes defined
in Section 7.708.11 and
referenced in Section
7.708.7 case- by-case and
authorizes special
conditions, limits, or
compliance agreements
for certification to assure
safety and well-being of
children and youth placed
in care.
__
Yes
X
No
Rule-making Form SBA-3c (10/08)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
7.708.7, A-B
New
Authority for County
Departments to Waive
Non-Safety Certification
Standards for Kinship
Family Foster Care:
clarifies non-safety
certification standards that
may be waived for kinship
family foster care
providers.
__
Yes
X
No
7.708.71, A-E
New
Procedures for Waiving
Non-Safety Certification
Standards: clarifies
procedures for waiving
non-safety certification
standards.
__
Yes
X
No
7.708.72, A-C
New
Conditions or Restrictions
for Kinship Family Foster
Care Providers: clarifies
that county directors or
their designee may restrict
or limit a certificate, or
require the kinship family
foster care provider to
enter into a compliance
agreement.
__
Yes
X
No
7.708.73, A-D
New
Circumstances When
Certification Standards
Shall Not be Waived:
clarifies rules that cannot
be waived, including
safety and well-being of
children and youth placed
in the kinship family foster
care home, state and
federal background
requirements, training, or
other applicable federal or
state laws.
__
Yes
X
No
Rule-making Form SBA-3c (10/08)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
7.708.74, A
New
Rule Author: Mary Griffin
Phone: 303-866-3546
Appeals of Decisions
Made by the County
Director or His/Her
Designee Regarding
Waiving Non-Safety
Certification Standards:
clarifies that applicant or
current kinship family
foster care providers may
not appeal decisions
regarding non-safety
certification standards
made by the county
director or his/her
designee.
__
Yes
X
No
Rule-making Form SBA-3c (10/08)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
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, and Sub-PAC):
For Section 7.306, Office of Legislative Legal Services and the Adoption Intermediary Commission
provided guidance about repealing the adoption records rule.
For Section 7.708, the Permanency Task Group and subcommittee, county department resource staff,
supervisors, and administrators from Adams, Arapahoe, Boulder, Denver, El Paso, Fremont, Jefferson, La
Plata, Mesa, Morgan, and Montezuma Counties. Information was gathered from county department staff
via email and four teleconferences.
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:
Colorado Counties, Inc. (CCI), Child Protection Task Group, Colorado Association of Family and Children’s
Agencies (CAFCA), Colorado Coalition of Adoptive Families (COCAF), Colorado Human Services Directors
Association (CHSDA), CHSDA foster care rules subcommittee, Colorado State Foster Parent Association,
Colorado Trails User Group (CTUG), Title IV-E eligibility staff, county adoption supervisors, adoption
assistance workers, Foster Care and Adoption Agencies of Colorado, Foster Care Coordinators, Colorado
Department of Health Care Policy and Financing (HCPF), Permanency Task Group, Office of the Child’s
Representative (OCR), Rocky Mountain Children’s Law Center, CDHS Division of Child Care and
Administrative Review Division, Policy Advisory Committee (PAC), and Child Welfare Sub-PAC.
Are other State Agencies (such as Colorado Department of Health Care Policy and Financing) impacted by these
rules? If so, have they been contacted and provided input on the proposed rules?
Yes
X
No
Have these rules been reviewed by the appropriate Sub-PAC Committee?
Yes
X
No
Date presented __________________. Were there any issues raised? ____ Yes ____ No
If not, why. These rules will be presented August 2, 2012.
Rule-making Form SBA-3d (12/11)
Title of Proposed Rule:
Rule-making#:
Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes
and Permanency Related Rules to Implement H.B. 12-1047
12-5-1-1
Office/Division or Program:
Office of Children, Youth and
Families/ Division of Child
Welfare
Rule Author: Mary Griffin
Phone: 303-866-3546
STAKEHOLDER COMMENT SUMMARY (continued)
Comments were received from stakeholders on the proposed rules:
X
Yes
No
If “yes” to any of the above questions, 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.
●
Darwin Cox, Adams County Department of Human Services, contacted the Department and stated his
concern that more rules were not included as waivable. A primary concern is the twenty-seven hours
of training required.
Response: Staff met with Mr. Cox and discussed his concern. The training requirement is in statute
and cannot be waived. Core Foster Parent training is not required. The county department can
develop and provide a more kin appropriate training using the required topics.
Rule-making Form SBA-3d (12/11)
(12 CCR 2509-4)
7.301 Family Service Plan Out-of-Home Placement Documentation [Rev. eff. 10/1/10]
===
Q. Requirements for use of Other Planned Permanent Living Arrangement goals as follows:
1. The county department shall consider another planned permanent living arrangement as a
permanency goal for children/youth OVER THE AGE OF SIXTEEN (16) in exceptional
circumstances and/OR who have co-occurring complex conditions that make them
incapable of living in a family-like environment and therefore preclude their return home,
adoption, legal guardianship or permanent custody.
2. Use of this goal shall be approved by the county permanency review team. The following shall
be submitted to the review team:
a. A comprehensive assessment of the child/ youth's strengths and needs. If the
assessment time period exceeds more than one year, a new comprehensive
assessment must be conducted or a multi-disciplinary staffing (including
participants with expertise in the child's needs) may substitute for the updated
comprehensive assessment. In addition to updating the child/youth's strengths
and needs, the updated assessment or staffing shall address the child's capacity
to live within a family setting.
b. A detailed description of efforts made to achieve permanency through the other goals
and identification of the barriers to achieve them.
3. If approved by the review team, a compelling reason why the other permanency goals are
unattainable is to be documented and made available to the court at the next court
review. Documentation which includes the permanency review team's reasons for
approving other planned permanent living arrangement shall also be entered in the
special review section of the Family Service Plan. The use of this goal must be reviewed
by the county permanency review team every 12 months. The county shall request that
the court, every 12 months, review the case to determine if the child remains incapable of
living in a family-like environment.
4. If this goal is not achieved through relative care, a family-like network of significant people
shall be developed to provide the child/youth with a sense of belonging and with support
expected to endure over a lifetime.
**************
7.306.35 Release of Information from Closed Records
A Pursuant to statute (Section 19-1-103(9), C.R.S.), 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 eighteen (18) years of age and over or his/her legal
representative 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 maintained at the State
Department only by court order for adoptions occurring between July 2, 1967 and July 1, 1999.
This includes identifying information, records, and papers (as defined in Section 19-1-103(6.5),
C.R.S., with the exception of Item C).
C. Adoption records and papers, as defined in Section 19-1-103(6.5) and (6.7), C.R.S., from adoptions
that occurred in Colorado between July 1, 1951 and July 1, 1967, maintained at the State
Department, shall be released only to the adult adoptee or legal representative from a closed
adoption record. Reasonable fees shall be charged to the adoptee for the process and the copies
made.
****************
7.306.4 ADOPTION ASSISTANCE SERVICES [Eff. 2/1/2009]
Colorado operates two adoption assistance programs: the Title IV-E program and the state and countyonly (non-TITLE IV-E) program.
===
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7.306.41 Title IV-E Adoption Assistance Program [Rev. eff. 2/1/10]
===
B. Requirements for Eligibility (continued)
7. Effective on the dates listed in this section, if the child does not meet AFDC IV-E eligibility
criteria, has special needs, and meets the following requirements in the FEDERAL
FISCAL year in which the adoption assistance agreement is signed by all parties, the
child will become categorically eligible for Title IV-E adoption assistance:
a. October 1, 2010 2009 (FEDERAL FISCAL YEAR 2010)
1) Turns sixteen (16) years of age or older AT ANY TIME DURING THIS
FEDERAL FISCAL YEAR, or,
2) Has been in foster care for any sixty (60) consecutive months prior to
finalization; or,
3) Is a sibling to a child who is eligible due to age or time in foster care and
placed with the aforementioned sibling.
b. October 1, 2011 2010 (FEDERAL FISCAL YEAR 2011)
1) Turns fourteen (14) years of age or older AT ANY TIME DURING THIS
FEDERAL FISCAL YEAR; or,
2) Has been in foster care for any sixty (60) consecutive months prior to
finalization; or,
3) Is a sibling to a child who is eligible due to his age or time in foster care and
placed with the aforementioned sibling.
c. October 1, 2012 2011 (FEDERAL FISCAL YEAR 2012)
1) Turns twelve (12) years of age or older AT ANY TIME DURING THIS
FEDERAL FISCAL YEAR; or,
2) Has been in foster care for any sixty (60) consecutive months prior to
finalization; or,
3) Is a sibling to a child who is eligible due to his age or time in foster care and
placed with the aforementioned sibling.
d. October 1, 2013 2012 (FEDERAL FISCAL YEAR 2013)
1) Turns ten (10) years of age or older AT ANY TIME DURING THIS FEDERAL
FISCAL YEAR; or,
2) Has been in foster care for any sixty (60) consecutive months prior to
finalization; or,
3) Is a sibling to a child who is eligible due to his age or time in foster care and
placed with the aforementioned sibling.
e. October 1, 2014 2013 (FEDERAL FISCAL YEAR 2014)
1) Turns eight (8) years of age or older AT ANY TIME DURING THIS FEDERAL
FISCAL YEAR; or,
2) Has been in foster care for any sixty (60) consecutive months prior to
finalization; or,
3) Is a sibling to a child who is eligible due to his age or time in foster care and
placed with the aforementioned sibling.
f. October 1, 2015 2014 (FEDERAL FISCAL YEAR 2015)
1) Turns six (6) years of age or older AT ANY TIME DURING THIS FEDERAL
FISCAL YEAR; or,
2) Has been in foster care for any sixty (60) consecutive months prior to
finalization; or,
3) Is a sibling to a child who is eligible due to his age or time in foster care and
placed with the aforementioned sibling.
g. October 1, 2016 2015 (FEDERAL FISCAL YEAR 2016)
1) Turns four (4) years of age or older AT ANY TIME DURING THIS FEDERAL
FISCAL YEAR; or,
2) Has been in foster care for any sixty (60) consecutive months prior to
finalization; or,
3) Is a sibling to a child who is eligible due to his age or time in foster care and
placed with the aforementioned sibling.
h. October 1, 2017 2016 (FEDERAL FISCAL YEAR 2017)
1) Turns two (2) years of age or older AT ANY TIME DURING THIS FEDERAL
FISCAL YEAR; or,
2) Has been in foster care for any sixty (60) consecutive months prior to
finalization; or,
3) Is a sibling to a child who is eligible due to his age or time in foster care and
placed with the aforementioned sibling.
i. Beginning on October 1, 2018 2017 (FEDERAL FISCAL YEAR 2018): RULE 7.306.41,
B, 7, applies to any child being adopted regardless of age, time in placement or
sibling placement status.
8. Beginning on October 1, 2010 2009 (FEDERAL FISCAL YEAR 2010), if the child YOUTH
reaches the age of SIXTEEN (16) prior to the signatures on the adoption assistance
agreement, the agreement can continue up to age TWENTY-ONE (21), IF THE YOUTH
MEETS ONE OF THE following conditions are met CRITERIA:
a. Completing secondary school (or equivalent); or,
b. Enrolled in post-secondary or vocational school; or,
c. Participating in a program or activity that promotes or removes barriers to
employment; or,
d. Employed eighty (80) hours per month; or,
e. Determined incapable of any of the above due to a documented medical condition.
===
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(12 CCR 2509-6)
7.500.31 Family Foster Care Homes [Rev. eff. 4/1/12]
Family foster care homes are certified by county departments; family foster care homes associated with
Child Placement Agencies (CPAs) are certified by the CPA.
===
K. A COUNTY DIRECTOR OR HIS/HER DESIGNEE MAY TAKE THE FOLLOWING ACTIONS FOR
PROSPECTIVE OR CURRENT KINSHIP FAMILY FOSTER CARE HOME PROVIDERS.
DECISIONS SHALL BE MADE CASE-BY-CASE AND THE SAFETY AND WELL-BEING OF A
CHILD OR YOUTH PLACED IN THE HOME SHALL NOT BE COMPROMISED:
1. WAIVE NON-SAFETY CERTIFICATION STANDARDS FOR KINSHIP FAMILY FOSTER
CARE PROVIDERS DEFINED IN SECTION 7.708.11 AND REFERENCED IN 7.708.7
(12 CCR 2509-8);
2. REQUIRE SPECIAL CONDITIONS FOR CERTIFICATION THAT ADDRESS THE SAFETY
OR WELL-BEING NEEDS FOR A CHILD OR YOUTH;
3. LIMIT OR RESTRICT A CERTIFICATE; AND, OR,
4. REQUIRE A WRITTEN AGREEMENT FOR COMPLIANCE THAT ADDRESSES SAFETY
AND WELL-BEING NEEDS FOR A CHILD OR YOUTH.
****************
(12 CCR 2509-8)
7.708.7 AUTHORITY TO WAIVE NON-SAFETY CERTIFICATION STANDARDS FOR KINSHIP
FAMILY FOSTER CARE PROVIDERS
A COUNTY DIRECTOR OR HIS/HER DESIGNEE MAY WAIVE NON-SAFETY CERTIFICATION
STANDARDS FOR PROSPECTIVE OR CURRENT KINSHIP FAMILY FOSTER CARE PROVIDERS
DEFINED IN SECTION 7.708.11 (12 CCR 2509-8). THE SAFETY AND WELL-BEING OF THE CHILD
OR YOUTH SHALL NOT BE COMPROMISED. THE FOLLOWING NON-SAFETY CERTIFICATION
STANDARDS APPLY CASE-BY-CASE:
A. REQUIREMENTS FOR CERTIFICATION OF FAMILY FOSTER CARE HOMES
1. TWO (2) OF THREE (3) REFERENCES ARE NOT RELATED TO THE APPLICANT
REFERENCED IN SECTION 7.708.21, F.
2. CERTIFICATES SHALL NOT BE GRANTED TO APPLICANTS WHO ARE LESS THAN
TWENTY-ONE (21) YEARS OF AGE ON THE DATE OF APPLICATION REFERENCED
IN SECTION 7.708.21, H.
3. A LICENSE OR CERTIFICATE SHALL NOT BE GRANTED FOR A FAMILY FOSTER CARE
HOME UNLESS THE APPLICATION HAS DEMONSTRATED THE ABILITY TO
MANAGE A HOUSEHOLD SO THAT THE CERTIFYING AUTHORITY MAY
DETERMINE THAT THE APPLICANT IS ABLE TO ACQUIRE FOOD, MATERIALS, AND
OTHER EQUIPMENT AS MAY BE REQUIRED FOR CHILD CARE REFERENCED IN
SECTION 7.708.21, K.
4. EACH FOSTER PARENT SHALL HAVE A HEALTH ASSESSMENT WITHIN ONE (1) YEAR
PRIOR TO CERTIFICATION OR WITHIN THIRTY (30) CALENDAR DAYS AFTER
CERTIFICATION AND THEREAFTER AS REQUIRED, IN WRITING, BY A LICENSED
HEALTH CARE PROFESSIONAL. THE REPORTS OF THE MEDICAL EXAMINATIONS
SHALL BE DATED AND SIGNED BY THE EXAMINING PHYSICIAN OR NURSE
PRACTITIONER AND SHALL BE PROVIDED TO THE CERTIFYING AUTHORITY.
REPORTS SHALL INCLUDE A STATEMENT OF THE EVALUATION OF THE
PERSON'S PHYSICAL ABILITY TO CARE FOR CHILDREN AND YOUTH IN FOSTER
CARE.
IF, IN THE OPINION OF THE LICENSED HEALTH CARE PROFESSIONAL OR THE
ASSESSMENT WORKER, AN EMOTIONAL OR PSYCHOLOGICAL CONDITION
EXISTS WHICH WOULD HAVE A NEGATIVE IMPACT ON THE CARE OF CHILDREN
AND YOUTH IN FOSTER CARE, THE ISSUANCE OF A LICENSE SHALL BE
CONDITIONED UPON THE SATISFACTORY REPORT OF A LICENSED MENTAL
HEALTH PRACTITIONER REFERENCED IN SECTION 7.708.21, L.
5. A MINIMUM OF SEVENTY-FIVE (75) SQUARE FEET PER CHILD IN FOSTER CARE WHO
IS BETWEEN TWELVE (12) MONTHS AND FIVE (5) YEARS OF AGE REFERENCED
IN SECTION 7.708.22, B, 1.
6. BOWS THAT REQUIRE PROFESSIONAL STRINGING MUST BE UNSTRUNG
REFERENCED IN SECTION 7.708.22, B, 2.
7. A CRIB OR BED IN A CLEAN, WELL-VENTILATED ROOM, WHICH IS NOT CUSTOMARILY
USED FOR OTHER PURPOSES SUCH AS A KITCHEN, DINING ROOM HALL, OR
BATHROOM. THERE SHALL BE A MINIMUM OF FORTY (40) SQUARE FEET OF
FLOOR SPACE FOR THE BED FOR EACH CHILD OR YOUTH IN FOSTER CARE,
AND THEY SHOULD BE PLACED AT LEAST TWO FEET APART WHEN ARRANGED
IN PARALLEL REFERENCED IN SECTION 7.708.22, B, 8.
8. NO FAMILY FOSTER CARE HOME SHALL BE USED FOR RENTAL INCOME
REFERENCED IN SECTION 7.708.22, B, 9.
9. ALL STAIRWAYS CONTAINING MORE THAN FOUR (4) STEPS SHALL BE EQUIPPED
WITH A HANDRAIL REFERENCED IN SECTION 7.708.26, E.
B. REQUIREMENT FOR THE ONGOING OPERATION OF FAMILY FOSTER CARE HOMES
1. EXCEPT FOR EMERGENCY PLACEMENTS, CHILDREN AND YOUTH IN FOSTER CARE
OVER THE AGE OF EIGHTEEN (18) MONTHS SHALL NOT SLEEP IN THE SAME
ROOM AS UNRELATED ADULTS ON A REGULAR BASIS. SLEEPING ROOMS FOR
UNRELATED CHILDREN AND YOUTH IN FOSTER CARE SHALL NOT BE SHARED
BY OTHERS IN FOSTER CARE WHO ARE OF THE OPPOSITE SEX WHEN ONE OF
THE INDIVIDUALS IN FOSTER CARE IS OVER FOUR (4) YEARS OLD AS
REFERENCED IN SECTION 7.708.31, G, 2.
2. NOT MORE THAN TWO (2) INFANTS, WHETHER BIRTH, ADOPTIVE, OR FOSTER
CHILDREN UNDER THE AGE OF TWO (2) YEARS, SHALL BE CARED FOR IN A
FAMILY FOSTER CARE HOME, EXCEPT UNDER UNUSUAL CIRCUMSTANCES
SUCH AS MULTIPLE BIRTHS REFERENCED IN SECTION 7.708.31, H, 1.
3. PERSONAL CARE AND SAFETY OF THE FOSTER CHILD
a. HOME PRESSURE-CANNED FRUITS AND VEGETABLES AND CANNED MEATS
CANNOT BE SERVED REFERENCED IN SECTION 7.708.42, E.
b. EACH FOSTER CHILD'S CLOTHING SHALL BE DISTINGUISHED AS HIS/HER
OWN CLOTHING REFERENCED IN SECTION 7.708.44, B, 1.
7.708.71 PROCEDURES FOR WAIVING NON-SAFETY CERTIFICATION STANDARDS
A. EACH WAIVER SHALL BE CONSIDERED CASE-BY-CASE; AND,
B. DOCUMENTED ON THE PRESCRIBED STATE DEPARTMENT FORM; AND,
C. THE DOCUMENTATION CONTAINS A DESCRIPTION OF THE APPLICABILITY OF THE WAIVER
TO THE SAFETY OR WELL-BEING NEEDS OF THE CHILD OR YOUTH WITH A
KINSHIP/RELATIVE RELATIONSHIP TO THE PROSPECTIVE OR CURRENT KINSHIP FAMILY
FOSTER CARE PROVIDER; AND,
D. THE DOCUMENTATION SHALL BE PLACED IN THE CERTIFICATION RECORD; AND,
E. A SUMMARY OF THE WAIVER INFORMATION SHALL BE DOCUMENTED ON THE CERTIFICATE.
7.708.72 SPECIAL CONDITIONS, RESTRICTIONS, OR REQUIREMENTS FOR CERTIFICATION OF
PROSPECTIVE OR CURRENT KINSHIP FAMILY FOSTER CARE PROVIDERS
A COUNTY DIRECTOR OR HIS/HER DESIGNEE MAY TAKE THE FOLLOWING ACTIONS TO
ADDRESS THE SAFETY OR WELL-BEING NEEDS OF A CHILD OR YOUTH:
A. REQUIRE SPECIAL CONDITIONS FOR CERTIFICATION;
B. LIMIT OR RESTRICT A CERTIFICATE; AND/OR,
C. REQUIRE A WRITTEN AGREEMENT FOR COMPLIANCE.
7.708.73 CIRCUMSTANCES WHEN CERTIFICATION STANDARDS SHALL NOT BE WAIVED
A. THE SAFETY OR WELL-BEING OF A CHILD OR YOUTH IS COMPROMISED.
B. BACKGROUND CHECKS, INCLUDING:
1. A FINGERPRINT-BASED CRIMINAL HISTORY CHECK OF CBI AND FBI RECORDS;
2. A CHILD ABUSE/NEGLECT RECORDS CHECK IN EVERY STATE WHERE THE ADULT
HAS RESIDED IN THE FIVE (5) YEARS PRECEDING THE DATE OF APPLICATION
FOR EACH ADULT EIGHTEEN (18) YEARS OF AGE AND OLDER) LIVING IN THE
HOME;
3. A COMPARISON SEARCH IN THE COLORADO STATE COURTS DATA ACCESS, USING
THE NAME AND DATE OF BIRTH WITH AVAILABLE CRIMINAL HISTORY
INFORMATION FOR EACH ADULT EIGHTEEN (18) YEARS AND OLDER LIVING IN
THE HOME;
C. TWENTY-SEVEN (27) HOURS OF INITIAL PRECERTIFICATION TRAINING AND ONGOING
TRAINING REFERENCED IN SECTION 7.708.65, C AND D;
D. REQUIRED DENIALS OF APPLICATIONS OR CERTIFICATES REFERENCED IN SECTION
7.500.312, D AND 26-6-10 (7)(a)(I)(A-F), C.R.S.; AND/OR,
E. OTHER APPLICABLE FEDERAL OR STATE LAWS.
7.708.74 APPEALS OF DECISIONS
PROSPECTIVE AND CURRENT KINSHIP FAMILY FOSTER CARE PROVIDERS DO NOT HAVE THE
RIGHT TO APPEAL THE DECISION MADE BY A COUNTY DIRECTOR OR HIS/HER DESIGNEE
RELATED TO WAIVERS OF NON-SAFETY CERTIFICATION STANDARDS.
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