Rule-Making Standards and Procedures s18

Title of Proposed Rule: Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes and Permanency Related Rules to Implement H.B. 12-1047

Rule-making#: 12-5-1-1 Office/Division or Program: Rule Author: Mary Griffin Phone: 303-866-3546 Office of Children, Youth and E-Mail: [email protected] Families/ Division of Child Welfare

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A rule in Section 7.306.35 regarding sealed adoption records is repealed based on guidance from the Office of Legislative Legal Services.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 09/07/2012 Final Adoption 10/05/2012 Proposed Effective Date 12/01/2012 EMERGENCY Adoption N/A

DOCUMENT 2

______[Note: “Strikethrough” indicates deletion from existing rules, “all caps” indicates addition of new rules, and brackets denote changes since Initial Review.]

Rule-making Form SBA-3a (08/09) Title of Proposed Rule: Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes and Permanency Related Rules to Implement H.B. 12-1047

Rule-making#: 12-5-1-1 Office/Division or Program: Rule Author: Mary Griffin Phone: 303-866-3546 Office of Children, Youth and E-Mail: [email protected] Families/ Division of Child Welfare

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 rule- making

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 Does this rule repeat language found in statute? If yes, please explain. Yes X No

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: Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes and Permanency Related Rules to Implement H.B. 12-1047

Rule-making#: 12-5-1-1 Office/Division or Program: Rule Author: Mary Griffin Phone: 303-866-3546 Office of Children, Youth and Families/ Division of Child Welfare

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 family- like 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: Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes and Permanency Related Rules to Implement H.B. 12-1047

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)

For Section 7.301, there is no impact.

For Section 7.306, federal claimable reimbursement for adoption assistance will increase because there will be an increase in the number of children and youth who are eligible for Title IV-E eligible Adoption Assistance Agreements. This will partially offset the General fund share by approximately fifty percent (50%).

For Section 7.708, 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.

County Fiscal Impact

For Section 7.306, federal claimable reimbursement will increase due to additional Title IV-E eligible Adoption Assistance Agreements. The number of children and youth awaiting adoption may be reduced, which may reduce caseworkers’ caseloads. The county department will be responsible for the Adoption Assistance Agreement until the youth reaches age eighteen (18).

For Section 7.708, 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 Child- Only 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.

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 Average Daily Placement Percent (%) of all Average Daily Placement Percent (%) of all Kinship Foster Care Out-of-Home Care Non-Certified Kinship Care Out-of-Home Care 2006 565 8 1,102 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”, 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-by- case basis for non-safety standards (as determined by the State) in relative foster family homes for specific children in care.” The Department of Human Services reviewed all foster care regulations with stakeholders in a committee and identified rules that were non-safety pursuant to the federal categories in this statute. The proposed rule change identifies each rule that is not waivable.

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.

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 Out- Clarified language about _X_ Yes __ No of-Home Placement age requirement when Documentation establishing a permanency goal of Other Planned Permanent Living Arrangement; an exception related to the Unaccompanied Refugee Minor Program; and, technical clean-up 7.306.35 Instructions for providing Repeal because rule __ Yes X No information from sealed expired based on adoption records instructions provided by Office of Legislative legal Services 7.306.4 Adoption Assistance Technical clean-up __ Yes X No Services 7.306.41, B, 7, a-i Identification of Federal Correct incorrectly __ Yes X No and 8 fiscal years for allowing identified years IV-E eligibility 7.402.4, B, 2 Medicaid for Children and Technical cleanup __ Yes X No Youth Covered by the Interstate Compact on Adoptions and Medical Assistance (ICAMA) 7.500.31, K, 1-4 Family Foster Care Clarifies authority for __ Yes X No Homes county directors or their designees to waive non- safety 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 Rule-making Form SBA-3c (10/08) Title of Proposed Rule: Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes and Permanency Related Rules to Implement H.B. 12-1047

safety and well-being of children and youth placed in care. 7.708.7, A-C New Clarifies non-safety __ Yes X No certification standards that may be waived for kinship family foster care providers; revises the headings for organizational purposes; and, technical clean-up of a citation. 7.708.71, A-E New Procedures for Waiving __ Yes X No Non-Safety Certification Standards: clarifies procedures for waiving non-safety certification standards; and, technical changes for clarification. 7.708.72, A-C New Conditions or Restrictions __ Yes X No 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. 7.708.73, A-D New Circumstances When _X_ Yes __ No 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; technical clean-up of a citation and deleted a rule (E) regarding other federal and state laws. 7.708.74, A New Appeals of Decisions _X_ Yes __ No

Rule-making Form SBA-3c (10/08) Title of Proposed Rule: Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes and Permanency Related Rules to Implement H.B. 12-1047

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.

Rule-making Form SBA-3c (10/08) Title of Proposed Rule: Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes and Permanency Related Rules to Implement H.B. 12-1047

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.

For Section 7.708, county staff, the Office of the Child’s Representative, and state staff clarified language regarding Other Planned Permanent Living Arrangement.

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?

X Yes No

Date presented _September 6, 2012_. Were there any issues raised? ____ Yes __X__ No

If not, why.

Rule-making Form SBA-3d (12/11) Title of Proposed Rule: Procedures for Waiving Non-Safety Standards for Kinship Family Foster Care Homes and Permanency Related Rules to Implement H.B. 12-1047

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.

● Linda Weinerman, Office of the Child’s Representative (OCR) contacted the Department with the following questions:

○ Rule 7.301.24, Q, 1, uses a definition about when APPLA can be used as a goal - my understanding is you want to limit this to youth over 16 years of age which is a good thing. Adding the and/OR in that sentence actually expands when APPLA can be a goal as the OR would mean any child who has a co-occurring complex condition…could have an APPLA goal - you may want to strike the OR completely; and,

○ Rule 7.708.74 states there is no appeal of a county director’s decision. This is problematic as the rule will be applied inconsistently across 64 counties and could be an abuse of discretion - is it possible to add a fair hearing section here?

Response: For 7.301.24, Q, the language was revised to clarify that OPPLA may be used in exceptional cases for youth over the age of 16 and for children and youth who are in the Unaccompanied Refugee Minor Program for their safety and will not be reunited with family.

For 7.708.74, the issue of how decisions about allowing waivers are documented was clarified. A standard waiver form will be implemented so that there is consistency in documentation of the decision-making.

Rule-making Form SBA-3d (12/11) (12 CCR 2509-4)

7.301.24 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 MAY consider an Other Planned Permanent Living Arrangement (OPPLA) as a permanency goal:

a. For children/youth OVER THE AGE OF SIXTEEN (16) YEARS OF AGE OR OLDER 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.

b. FOR CHILDREN AND YOUTH WHO ARE IN THE UNACCOMPANIED REFUGEE MINOR PROGRAM REGARDLESS OF THEIR AGE.

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.

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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 county- only (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,

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,

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,

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,

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,

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,

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.

=== **************** (12 CCR 2509-5)

7.402.4 Medicaid for Children AND YOUTH Covered by the Interstate Compact on Adoptions and Medical Assistance (ICAMA)

B. Children and youth moving from Colorado

1. IV-E Adoption Assistance

For children and youth who have a current adoption assistance agreement who are moving out of state, the county department shall provide the state adoptions program staff with duplicate copies of the completed ICAMA forms and a copy of the current adoption assistance agreement.

2. For children and youth who have a current relative guardianship assistance agreement who are moving out of state, the county department shall provide the state adoptions program staff with duplicate copies of the completed ICAMA forms and a copy of the current adoption assistance agreement.

************** (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 MAY BE WAIVED CASE-BY-CASE:

A. 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.

B. FACILITY STANDARDS

1. 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.

2. ARCHERY BOWS THAT REQUIRE PROFESSIONAL STRINGING MUST BE UNSTRUNG REFERENCED IN SECTION 7.708.22, B, 2.

3. A CHILD OR YOUTH SHALL SLEEP IN 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.

4. NO FAMILY FOSTER CARE HOME SHALL BE USED FOR RENTAL INCOME REFERENCED IN SECTION 7.708.22, B, 9.

5. ALL STAIRWAYS CONTAINING MORE THAN FOUR (4) STEPS SHALL BE EQUIPPED WITH A HANDRAIL REFERENCED IN SECTION 7.708.26, E.

C. 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, 3.

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. SHALL BE DOCUMENTED ON THE PRESCRIBED STATE DEPARTMENT FORM; AND,

C. THE DOCUMENTATION SHALL CONTAIN 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; AND/OR,

D. REQUIRED DENIALS OF APPLICATIONS OR CERTIFICATES REFERENCED IN SECTION 7.500.312, D AND 26-6-104(7)(a)(I)(A-F), C.R.S.

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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