Rule-Making Standards and Procedures s7

Title of Proposed Rule: Implementation of the Preventing Sex Trafficking and Strengthening Families Act, Immediate Reporting of Missing Children Who are in the Custody of a State Agency to Law Enforcement for Inclusion in the National Crime Databases, and the Pathways to Success Model Youth System Project

Rule-making#: 15-6-2-1 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. How do these rule changes align with the outcomes that we are trying to achieve, such as those measured in C-Stat?)

The Preventing Sex Trafficking and Strengthening Families Act (Public Law 113-183) was effective September 29, 2014. The federal law required states to implement specific provisions within one year of enactment.

Also included are amendments to 19-1-115.3, C.R.S. (Concerning Immediate Reporting of Missing Children Who are in the Custody of a State Agency to Law Enforcement for Inclusion in National Crime Databases, H.B. 15-1078) related to P.L. 113-183. The areas requiring enactment include:

ᴑ Adding or revising definitions for age or developmentally appropriate, missing, reasonable and prudent parent standard, sex trafficking, sex trafficking victim, and sibling;

ᴑ Assessing children and youth at risk of becoming sex trafficking victims, reporting missing children and youth and their status as victims, developing protocols to locate children and youth who are missing from foster care, and screening to determine if the children or youth are victims of sex trafficking;

ᴑ Family Service Plan development for transition to self-sufficiency for youth who are fourteen years of age or at case opening;

ᴑ Notifying a legal custodian of a child or youth that a sibling is not residing in the home or that a child or youth has entered foster care, including circumstances when termination of parental rights occurred;

ᴑ Documentation that youth fourteen years of age and older are informed about their rights, including: education, health, visitation, court participation, annual credit reports and assistance to repair credit inaccuracies, and Family Service Plan development that includes the youth and describes services that are intended to help the youth transition to independence successfully, the planning team includes members chosen by the youth, and signed acknowledgment that the youth was informed about his/her rights;

Initial Review 07/10/2015 Final Adoption 08/07/2015 Proposed Effective Date 10/01/2015 EMERGENCY Adoption N/A

______[Note: “Strikethrough” indicates deletion from existing rules and “all caps” indicates addition of new rules.]

1 Title of Proposed Rule: Implementation of the Preventing Sex Trafficking and Strengthening Families Act, Immediate Reporting of Missing Children Who are in the Custody of a State Agency to Law Enforcement for Inclusion in the National Crime Databases, and the Pathways to Success Model Youth System Project

STATEMENT OF BASIS AND PURPOSE (continued)

ᴑ Provisions for a successor guardian for the Relative Guardianship Assistance Program to promote continuity of relationships and permanency; and,

ᴑ A reasonable and prudent parent standard that allows designated staff in all types of out-of-home care to authorize and promote age and developmentally appropriate activities for children and youth, and that limits liability to the provider.

Finally, to align services for youth in the Chafee Foster Care Independence Program (CFCIC) with provisions in the Pathways to Success Model Youth System grant awarded by the Administration for Children and Families (ACF) to require: administration of the Colorado Youth Experiences Survey for baseline and follow-up populations in the National Youth in Transition Database (NYTD), include risk and protective factors for prioritization of CFCIC services, and revise program eligibility.

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. (2014) - State Board to promulgate rules; 26-1-109, C.R.S. (2014) - state department rules to coordinate with federal programs; 26-1-111, C.R.S. (2014) - state department 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) 19-1-115.3, C.R.S. (2015) - requires reporting of children and youth missing from foster care; 42 CFR 471(a)(9),(10),(16),(24),(29),(35); 42 CFR 473(d)(3)(C); and 42 CFR 475 (A)(1),(2),(3),(1)(B),(5)(B)(C), (5)(I), (1)(D),(11), and (12)

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

STATEMENT OF BASIS AND PURPOSE (continued)

The program has sent this proposed rule-making package to which stakeholders? Adolescent and Chafee Supervisors; Child Welfare Sub-PAC; Colorado Counties, Inc. (CCI); Colorado Association of Family and Children’s Agencies (CAFCA); Court Appointed Special Advocates (CASA); Colorado Coalition of Adoptive Families (COCAF); Colorado Department of Public Health and Environment; Colorado Human Services Directors Association (CHSDA); Colorado State Foster Parent Association; Colorado Trails User Group (CTUG); County Adoption Supervisors; Fostering Colorado; Foster Care Coordinators; Office of the Child’s Representative (OCR); Rocky Mountain Children’s Law Center; Child Protection Task Group; Pathways to Success Model Youth System Project Steering Committee and Workgroups; Permanency Task Group; Policy Advisory Committee (PAC); Office of Children, Youth, and Families Human Trafficking Task Group; Division of Child Welfare Child Protection, Permanency, Placement Services, and Youth Services Units; and, CDHS Administrative Review Division

[Note: Changes to rule text are identified as follows: deletions are shown as “strikethrough”, additions are in “all caps”, and changes made between initial review and final adoption are in brackets.]

Attachments: Regulatory Analysis Overview of Proposed Rule Stakeholder Comment Summary

Rule-making#: 15-6-2-1 15- 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?

Adding or revising definitions in Section 7.000.2 (12 CCR 2509-1) for age and developmentally appropriate, missing, reasonable and prudent parent standard, sex trafficking, sex trafficking victim, and sibling will benefit children and youth in case and service planning. County departments of human/social services will bear the burden. No groups are adversely impacted.

Revisions in Sections 7.301 and 7.305 (12 CCR 2509-4) regarding case planning, participation, and rights will benefit youth age fourteen and older. County departments of human/social services will bear the burden of service delivery to a larger population of youth in out-of-home care. No groups are adversely impacted.

New Section 7.303.4 regarding screening, reporting, identifying issues for children and youth missing from foster care, will benefit children and youth who have been victims of human trafficking. County departments of human/social services will bear the burden. No groups are adversely impacted.

Revisions in Section 7.304 regarding expansion of family search and engagement for siblings that may not be genetically related will benefit children and youth in out-of-home care. Children and youth also benefit from increased community-based activities. Parents of siblings that are not related through heredity benefit from expanded requirements for family search and engagement. The county departments of human/social services bear the burden. No groups are adversely impacted.

Revisions in Section 7.305.4 regarding prioritization of Chafee Independence Foster Care Program services will benefit youth age fourteen and older with higher risk factors and lower protective factors. County departments of human/social services will benefit. Youth age fourteen and older with lower risk factors and higher protective factors may be adversely impacted regarding service delivery.

Revisions in Section 7.311 regarding identification of a successor guardian will benefit children and youth who previously achieved permanency and received assistance through the Relative Guardianship Assistance Program. Original and prospective successor guardians will benefit. County departments of human/social services bear the burden. No groups are adversely impacted.

Revisions in Sections 7.500, 7.705, 7.708, 7.709, and 7.710 (12 CCR 2509-8) regarding providers being trained about and using a reasonable and prudent parent standard will benefit children and youth in out-of-home care. County departments of human/social services and providers bear the burden. No groups are adversely impacted.

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?

Sections 7.301 and 7.305 will require youth age fourteen and older to receive two additional years of independent living services and preparation for transition to adulthood. For the short-term, county departments of human/social 4 Title of Proposed Rule: Implementation of the Preventing Sex Trafficking and Strengthening Families Act, Immediate Reporting of Missing Children Who are in the Custody of a State Agency to Law Enforcement for Inclusion in the National Crime Databases, and the Pathways to Success Model Youth System Project

Rule-making#: 15-6-2-1 15- Office/Division or Program: Rule Author: Mary Griffin Phone: 303-866-3546 Office of Children, Youth and Families/ Division of Child Welfare services will be required to revise their workloads and provide independent living services earlier than current practice. For the long-term, youth in foster care will have increased skills for adulthood and their exit from foster care.

Section 7.303 will require reporting, screening, and protocols to meet the needs of victims of human trafficking with appropriate services. Increased information about the scope and breadth of human trafficking in the state and the susceptibility for victimization of children and youth has resulted in heightened recognition to identify the needs of this population. For the short-term, county departments of human/social services will need to establish, policies, procedures, and training for staff to identify and meet the needs of potential, high risk, and identified victims. County departments of human/social services will also need to collaborate with and inform the community and providers about the issues and needs of the population. For the long-term, children and youth will be proactively screened and provided services to increase their resilience and understanding about possible human trafficking activities. For the long-term, the county department workforce will have increased knowledge, skills, and strategies to assist potential and actual victims of human trafficking. For the long-term, the state will have evidence-based interventions to meet the unique needs of human trafficking victims.

Section 7.304 requires expansion of family finding activities to the legal parent of a child or youth whose sibling was removed from another legal custodian’s home. This includes situations when there was a termination of parental rights. It allows for identification of birth or adoptive family members that may be placement, support, or permanency resources. For the short-term, children and youth who were removed from their custodial homes may have additional familial resources for support or placement. For the long-term, children and youth may have increased opportunities for permanency. For the short-term, county departments of human/social services will need to absorb additional family finding activities into their practice and work. For the long-term, county departments of human/social services will have additional options for consideration of placement and permanency, including birth families when a termination of parental rights occurred and adoptive family members if applicable.

The revision also more accurately describes the scope of responsibilities for the county department of human/social services when children and youth are placed in out-of-home care. “Family search and engagement” describes the breadth of expected activities and responsibilities that include initial and ongoing notification, identification, and location of relatives or others with a significant relationship, in comparison to the current term “diligent search”.

Section 7.305.2 will require that youth age fourteen and older are advised of their rights with regard to education, health, visitation, court participation, and annual credit reports. For the short-term, youth will benefit from increased engagement in case planning and have the right to choose two members of the case planning team, other than the caseworker and the foster parent to represent their interests. For the long-term, this will empower the youth and facilitate their understanding of the importance of personal involvement and accountability in decision-making. For the short-term and long-term, county departments of human/social services will be required to advise youth about their rights, engage members of the case planning team, including those identified by the youth, and ensure that the case plan and permanency hearing reports describe services that will help the youth transition successfully to adulthood. For the long-term, youth will be able to better represent themselves and be prepared for adulthood. County departments of human/social services will have improved practice, outcomes, and reduce the likelihood of repeat generational issues.

Section 7.305.3 clarifies procedures related to the National Youth in Transition Database (NYTD) and Educational Training Voucher Program. For the short-term and long term, county departments will benefit from clarification of definitions and rules to align current practice and Federal requirements. For the long-term, the Colorado Department of Human Services (CDHS) and county departments of human/social services will continue to incorporate the work into ongoing practice. For the long-term, youth will experience improved services.

Section 7.305.4 requires expanded eligibility for youth age fourteen and older in the Chafee Foster Care Independence Program. Youth most at risk of homelessness, human trafficking or survival crime, emancipation from foster care, discharge from the Division of Youth Corrections (DYC) community placements, and youth pursuing specific educational and employment goals will benefit from prioritization of services in counties without capacity to meet all service needs. For the short-term, county departments of human/social services that provide Chafee Program services will need to develop a system to prioritize services within their capacity and may receive additional funding. For the long-term, county departments of human/social services and CDHS will need to identify gaps in services and develop strategies for improvement. For the long-term, some youth will benefit from eligibility criteria based on risk and protective factors such as risk of homelessness, human trafficking or survival crime, emancipation from foster care, or discharge from DYC community placements. Conversely some youth with lower risk factors and higher protective factors, may not receive the current array of services due to prioritization of services.

Section 7.311 allows a process for a successor guardian to be identified in the original Relative Guardianship Assistance Agreement for the Relative Guardianship Assistance Program, a permanency option for children and youth when reunification and adoption are not appropriate goals. The identification of a successor guardian prevents the child or youth from re-entering foster care when a guardian is incapacitated or dies. The initial guardian must be mindful of the safety and needs of the child or youth when identifying the successor guardian. The successor guardian is responsible for notifying the county department of human/social services of the change, for securing fingerprint-based CBI and FBI records and providing them to the county department of human/social services. The successor guardian is also responsible for seeking guardianship with the Probate Court. The county department is responsible for assuring the safety of the child or youth before entering into an Assistance Agreement with the successor guardian. For the short-term, county departments will need to identify new policies for procedures necessary to implement the rules. For the long-term, children and youth will have permanency with an individual with whom they have a familial relationship, and will have the emotional security that accompanies permanency. For the long-term, guardians will be able to assure the child or youth whom they are raising will not re- enter foster care and will continue living in the community. For the long-term, county departments will not have a significant re-entry of children and youth into foster care or an increased workload when a guardian is incapacitated or dies.

Sections 7.500 and 7.710 require certifying agencies of foster parents (county department of human/social services and child placement agencies, respectively) to train foster parents about a reasonable and prudent parent standard and authorizes trained foster parents to allow children and youth in foster homes to engage in normal community and extracurricular activities that are age and developmentally appropriate. For the short-term, the agencies will need to develop policies and procedures, as well as train foster parents about a reasonable and prudent parent standard that allows and promotes age and developmentally appropriate activities. For the short-term, foster parents may be concerned about liability, should a child or youth be injured during an authorized activity. For the long-term, foster parents will be empowered by their ability to authorize community and extracurricular activities and be more inclined to encourage participation by the children and youth. For the long-term, county departments and child placement agencies will have more skilled foster parents. For the long-term, children and youth will participate in more community and extracurricular activities, similar to their peers, increasing their sense of well-being.

Sections 7.705 and 7.709 authorizes trained supervisory staff in Residential Child Care Facilities (RCCF), group homes, and group centers to allow children and youth to participate in normal community and extracurricular activities that are age and developmentally appropriate. For the short-term, the facilities will need to develop policies and procedures and receive training for group home parents, group center administrators, or supervisors (in RCCF) about a reasonable and prudent parent standard that promotes and allows age and developmentally

Rule-making#: 15-6-2-1 15- Office/Division or Program: Rule Author: Mary Griffin Phone: 303-866-3546 Office of Children, Youth and Families/ Division of Child Welfare appropriate activities. For the short-term, the facilities may be concerned about liability, should a child or youth be injured during an authorized activity. For the long-term, facility providers will be empowered by their ability to authorize community and extracurricular activities and be more inclined to encourage participation by the children and youth. For the long-term, children and youth will participate in more community and extracurricular activities, similar to their peers, increasing their sense of well-being.

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)

Public Law 113-183 appropriated a $3 million increase to the national Chafee Foster Care Independence Program. An unspecified portion will be received by the state.

County Fiscal Impact County departments will need to revise policies and procedures to implement requirements, and provide training for some of the areas outlined in item 2, above. Workloads may be impacted due to changed practice and procedures for screening and protocols for possible trafficking victims, as well as required follow-up for children and youth who were missing from foster care.

Federal Fiscal Impact P.L. 113-183 requires action and incorporation of requirements in the State Title IV-E Plan, including human trafficking requirements, case planning protocols, rights for youth in foster care, successor guardian, credit reporting changes, etc. The State Title IV-E funding could be sanctioned if these requirements aren’t implemented.

Trails enhancements are in process and are required for successor guardian and tracking human trafficking requirements.

Other Fiscal Impact (such as providers, local governments, etc.) N/A

4. Data Description: List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?

The following federal announcements were reviewed:

ᴑ Information Memorandum ACYF-CB-IM-14-03 was issued October 23, 2014 and advised states that P.L.113- 183 was enacted September 29, 2014 and outlined requirements.

ᴑ Program Instruction ACYF-CB-PI-14-06 was issued November 21, 2014 and outlined State Title IV-E Plan requirements.

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.

No alternatives to implementation of these were considered because the Federal law requires implementation of portions of P.L. 113-183 and reporting requirements for sex trafficking are required in 19-1-115.3, C.R.S. Taking no action was not an option.

Rule-making#: 15-6-2-1 Office/Division or Program: Rule Author: Mary Griffin Phone: 303-866-3546 Office of Children, Youth and Families/ Division of Child Welfare

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

7.000.2, A Definitions Adds definition for age or _X_ Yes _ No developmentally appropriate, missing, reasonable and prudent parent standard, sex trafficking, and sex trafficking victim. Revises the definition for sibling as required in Public Law 113- 183. 7.301.21, K, L Family Service Plan Out- Revises the age _X_ Yes _ No of-Home Documentation requirement for development of the Independent Living Plan from age 16 to 14. 7.301.24, N, 1, b Family Service Plan Out- Makes technical changes _X_ Yes _ No of-Home Documentation to incorporate the term family search and engagement, in lieu of diligent search to more clearly describe the process of locating family. 7.303.4, A-B New Section for Human Adds a requirement for _X_ Yes _ No Trafficking county departments to implement a protocol to quickly locate children and youth missing from foster care, assess the reason for their leaving, and to conduct a screening with the child/youth to determine if victimization occurred.

7.304.52 Diligent Search Changes title of heading to __ Yes X No family search and engagement to more clearly identify the process to notify and engage families. 7.304.52, A Diligent Search Adds parents and legal __ Yes X No custodians who have legal custody of a child or youth whose sibling was not residing in the home, was removed from his/her custodial home. This includes instances when termination of parental rights occurred to expand the familial connections. Revises language to incorporate family search and engagement. 7.304.52, B Diligent Search Revises heading and adds __ Yes X No language regarding notification of a parent with legal custody of a child or youth that a sibling not residing in the home, was removed from the custodial home. This includes instances when termination of parental rights occurred. 7.304.52, C, D, F Diligent Search Revises language to __ Yes X No incorporate the term “family search and engagement”. 7.304.62, P Placement Activities Authorizes out-of-home __ Yes X No care providers to allow children and youth in their care to participate in community activities when fingerprints are not required. Providers are required to use the reasonable and prudent parent standard in rule.

7.304.62, Q Placement Activities References new human _X_ Yes _ No trafficking requirements in Section 7.303.4. 7.305.1 Independent Living Revises age requirement __ Yes X No (Emancipation Services) for independent living services from 16 to 14 years of age. 7.305.2, A Specific Procedures Revises rule and requires __ Yes X No (Emancipation Services) youth to be assessed for independent living services at age 14. 7.305.2, C, 1-2 Specific Procedures Revises rule to require the __ Yes X No involvement of youth age 14 and older in the development of their Independent Living Plan, along with inclusion of planning team members chosen by the youth; and documentation of the various rights provided to the youth in federal law, and signed acknowledgement the youth received a copy of the rights. 7.305.33 Follow Up Population Revises the definition of __ Yes X No (National Youth in “follow population” for the Transition Database) National Youth in Transition Database and requires assistance from county departments and the Department of Youth Corrections (DYC) to locate young people who are no longer in the child welfare or DYC system for follow up to surveys administered at ages 17, 19, and 21. 7.305.4, A, B Chafee Foster Care Revises the ages for __ Yes X No Independence Program eligibility for the CFCIP and (CFCIP) – Title IV-E makes technical language Independent Living Grant changes. Initiative 11 Title of Proposed Rule: Implementation of the Preventing Sex Trafficking and Strengthening Families Act, Immediate Reporting of Missing Children Who are in the Custody of a State Agency to Law Enforcement for Inclusion in the National Crime Databases, and the Pathways to Success Model Youth System Project

7.305.41, F County Responsibilities Requires county __ Yes X No departments to prioritize (Chafee Foster Care CFCIP services based on Independence Program) factors including risk of sex trafficking, risk of homelessness or emancipation, transfer of services, and enrollment in post-secondary education or workforce development, etc. 7.305.42, A, B, C Eligibility Revises eligibility for __ Yes X No CFCIP services, including (Chafee Foster Care clarification of youth in the Independence Program) Division of Youth Corrections living in community settings, youth from other states, and age requirements for those at risk of emancipation from foster care. 7.305.43 New section adds Describes the Education __ Yes X No Educational Training and and Training Voucher Voucher Program Program for education and training for youth eligible for CFCIP services. 7.305.5 Vital Documents Prior to Revises language to __ Yes X No Emancipation require vital documents be provided to all youth in foster care age 14 and older. 7.311.61, B Title IV-E Relative Clarifies that if a __ Yes X No Guardianship Assistance guardianship dissolves and a successor guardian was not identified in the original Assistance Agreement, the next guardian must meet all requirements that the original guardian met.

7.311.64 New section adds Adds rules to establish __ Yes X No Successor Guardianship successor guardianship, the prospective guardian’s eligibility criteria, and responsibilities for the prospective successor guardian and the county department with financial responsibility. 7.500.311, D,1,d Training and Foster Home Adds language requiring __ Yes X No Assessment county departments to train foster parents in a reasonable and prudent parent standard to facilitate the participation of children and youth in normalizing activities. 7.705.22, A Child Care Services Adds language that allows __ Yes X No residential child care facilities to allow a trained supervisory staff to authorize age and developmentally appropriate community activities using a reasonable and prudent parent standard. 7.705.83, E Education and Treatment Adds language that __ Yes X No requires licensed homeless shelters to allow a trained supervisory staff to authorize age and developmentally appropriate community activities using a reasonable and prudent parent standard. 7.708.39 Community Participation Revises language for __ Yes X No foster parents that allows trained providers to authorize age and developmentally appropriate community activities using a reasonable and prudent parent standard. 13 Title of Proposed Rule: Implementation of the Preventing Sex Trafficking and Strengthening Families Act, Immediate Reporting of Missing Children Who are in the Custody of a State Agency to Law Enforcement for Inclusion in the National Crime Databases, and the Pathways to Success Model Youth System Project

7.708.65,C, 8&9 Orientation, Training, and Renumbers and adds a __ Yes X No Certification requirement that the certifying agency attests that foster parents are trained annually about age and developmentally appropriate activities for children and youth in their care, and using the reasonable and prudent parent standard. 7.709.23, I Personnel Qualifications Adds a requirement that __ Yes X No and Role of a County the sponsoring agency Department of Social attests that the designated Services or a Licensed staff is trained annually Child Placement Agency about age and to Establish and Supervise developmentally a Specialized Group appropriate activities for Home or Center children and youth in their care, and using the reasonable and prudent parent standard. 7.709.25, E Participation in Community Revises language that __ Yes X No Activities allows trained group home parents or administrators to authorize age and developmentally appropriate community activities using a reasonable and prudent parent standard. 7.710.43, I Adds language requiring __ Yes X No Responsibility of Placement child placement agencies Agency While the Child is in to train foster parents in a Care reasonable and prudent parent standard to facilitate the participation of children and youth in age and developmentally appropriate community activities.

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):

The Human Trafficking Task Group, Division of Child Welfare Child Protection staff, and adolescent supervisors.

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:

Adolescent and Chafee Supervisors; Child Welfare Sub-PAC; Colorado Counties, Inc. (CCI); Colorado Association of Family and Children’s Agencies (CAFCA); Court Appointed Special Advocates (CASA); Colorado Coalition of Adoptive Families (COCAF); Colorado Department of Public Health and Environment; Colorado Human Services Directors Association (CHSDA); Colorado State Foster Parent Association; Colorado Trails User Group (CTUG); County Adoption Supervisors; Fostering Colorado; Foster Care Coordinators; Office of the Child’s Representative (OCR); Rocky Mountain Children’s Law Center; Child Protection Task Group; Pathways to Success Model Youth System Project Steering Committee and Workgroups; Permanency Task Group; Policy Advisory Committee (PAC); Office of Children, Youth, and Families Human Trafficking Task Group; Division of Child Welfare Child Protection, Permanency, Placement Services, and Youth Services Units; and, CDHS Administrative Review Division

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 ____N/A______. Were there any issues raised? ____ Yes ___ _ No

If not, why. Sub-PAC is not meeting in July 2015, however the draft rules were sent to the committee on June 11, 2015.

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, including requests made by the State Board of Human Services, 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.

Feedback was received from the following groups or individuals:

ᴑ Human Trafficking Task Group meetings from May 8 and June 11, 2015: comments were incorporated into the rule language.

ᴑ On, June 15, 2015, Ruby Richards, Child Welfare Director, Douglas County Department of Human Services, asked whether “survival crime” as used in Section 7.305.41 needed to be defined. The comment is being taken into consideration.

ᴑ In response to concerns from child welfare directors, the Department scheduled webinars on June 29 and July 7 to get additional feedback and to address issues.

16 (12 CCR 2509-1)

7.000.2 DEFINITIONS [Eff. 1/1/15]

A. The following are definitions of commonly used terms used in these rules:

“AGE OR DEVELOPMENTALLY-APPROPRIATE” MEANS ACTIVITIES OR ITEMS SUITABLE FOR CHILDREN AND YOUTH OF THE SAME CHRONOLOGICAL AGE OR LEVEL OF MATURITY, OR THAT ARE DETERMINED TO BE DEVELOPMENTALLY APPROPRIATE BASED UPON COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES THAT ARE TYPICAL FOR AN AGE OR AGE GROUP. CONSIDERATION SHALL BE GIVEN TO SUITABILITY OF ACTIVITIES AND ITEMS BASED UPON THE AGE AND THE DEVELOPMENTAL STAGES ATTAINED, WITH RESPECT TO THE COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES OF THE CHILD OR YOUTH.

“MISSING” MEANS A CHILD/YOUTH HAS BEEN REPORTED TO THE COUNTY DEPARTMENT OF HUMAN/SOCIAL SERVICES AS ABSENT FROM OUT-OF-HOME PLACEMENT OR AS A RUNAWAY AND THE WHEREABOUTS OF THE CHILD/YOUTH ARE UNKNOWN BY THE COUNTY DEPARTMENT OF HUMAN/SOCIAL SERVICES WHO HAS AN OPEN PROGRAM AREA 4 OR 5 ASSESSMENT OR CASE INVOLVING THAT CHILD.

“REASONABLE AND PRUDENT PARENT STANDARD” MEANS AND INCLUDES, BUT IS NOT LIMITED TO, CAREFUL AND SENSIBLE DECISION-MAKING ABOUT AGE AND DEVELOPMENTALLY APPROPRIATE ACTIVITIES THAT ADDRESS THE HEALTH, SAFETY, AND BEST INTERESTS OF THE CHILD OR YOUTH IN OUT-OF-HOME CARE. THE FOLLOWING FACTORS SHALL BE CONSIDERED:

1. LEVEL OF MATURITY;

2. DEVELOPMENTAL LEVEL;

3. AGE APPROPRIATENESS OF ACTIVITY; AND,

4. FREQUENCY OF THE ACTIVITY.

“SEX TRAFFICKING” MEANS A PERSON KNOWINGLY SELLS, RECRUITS, HARBORS, TRANSPORTS, TRANSFERS, ISOLATES, ENTICES, PROVIDES, RECEIVES, OR OBTAINS BY ANY MEANS ANOTHER PERSON FOR THE PURPOSE OF COERCING THE PERSON TO ENGAGE IN COMMERCIAL SEXUAL ACTIVITY.

“SEX TRAFFICKING VICTIM“ FOR THE PURPOSES OF CHILD WELFARE, MEANS A PERSON UNDER EIGHTEEN (18) YEARS OF AGE WHO IS SOLD, RECRUITED, HARBORED, TRANSPORTED, TRANSFERRED, ISOLATED, ENTICED, PROVIDED, RECEIVED, OR OBTAINED BY ANY MEANS BY ANOTHER PERSON FOR THE PURPOSE OF BEING COERCED TO ENGAGE IN COMMERCIAL SEXUAL ACTIVITY.

17 “Sibling” means one of two or more individuals who is descended from one or two mutual parents. The term also includes stepsiblings and former stepsiblings. FOR THE PURPOSE OF FAMILY SEARCH AND ENGAGEMENT, THIS ALSO INCLUDES A SIBLING THROUGH ADOPTION.

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18 (12 CCR 2509-4)

7.301.21 Family Services Plan Timing Requirements [Rev. eff. 1/1/15]

The Family Service Plan document must be completed:

A. Within sixty (60) calendar days of the referral date in the automated case management system for children in their own homes, including Core Services program cases in which the children are not in out-of-home placement. There may be one Family Services Plan for the family in these cases.

B. Within sixty (60) calendar days of the referral date in the automated case management system for children in out-of-home placement, including those cases in which the children are receiving Core Services. There may be one Family Services Plan for the family; however, discrete sections in the treatment plan and in the placement information are required for each child in placement.

C. For c hi l dren YOUTH age 16 FOURTEEN (14) and over in out-of-home placement, the plan for transition to independent living/emancipation shall be completed within SIXTY (60) calendar days of the chi ld's youth’s 16 FOURTEENTH (14th) birthday or of case opening.

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7.301.24 Family Service Plan Out-of-Home Placement Documentation [Rev. eff. 12/1/12]

For child(ren) in out-of-home placement, the Family Services Plan documents:

K. For youth under the age of six teen FOURTEEN (1 614), a description of services and a plan for accomplishing tasks to prepare youth to be age appropriately self-sufficient, when independent living services are provided.

L. For youth six teen FOURTEEN (1 6 14) YEARS OF AGE and older, a description of services and a plan for accomplishing tasks to assist the youth in preparation for self sufficiency and independent living as early in placement as possible but no later than sixty (60) calendar days after the youth's six t eent h (16) FOURTEENTH (14th) birthday.

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7.303.4 HUMAN TRAFFICKING

IF A CHILD/YOUTH WHO IS IN THE LEGAL CUSTODY OF THE COUNTY DEPARTMENT OF HUMAN/SOCIAL SERVICES IS MISSING THEN THE COUNTY DEPARTMENTS SHALL:

A. REPORT IMMEDIATELY, AND NO LATER THAN TWENTY-FOUR (24) HOURS, FROM WHEN THE COUNTY DEPARTMENT IS NOTIFIED THAT THE CHILD/YOUTH IS MISSING, TO THE LOCAL LAW ENFORCEMENT AGENCY AND TO THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN (NCMEC). THE COUNTY DEPARTMENT SHALL DOCUMENT THE DETAILS OF THE REPORTS IN THE STATE AUTOMATED CASE MANAGEMENT SYSTEM.

B. MAKE REASONABLE EFFORTS TO COMPLETE THE FOLLOWING ACTIVITIES AND DOCUMENT THOSE EFFORTS IN THE STATE AUTOMATED CASE MANAGEMENT SYSTEM: 19 1. LOCATE A CHILD/YOUTH WHO IS MISSING;

2. DETERMINE THE PRIMARY FACTORS THAT CONTRIBUTED TO THE CHILD/YOUTH BEING MISSING;

3. DETERMINE THE CHILD/YOUTH’S EXPERIENCES WHILE MISSING, INCLUDING CONDUCTING A SEX TRAFFICKING SCREEN TO DETERMINE IF THE CHILD/YOUTH IS A POSSIBLE SEX TRAFFICKING VICTIM; AND

4. RESPOND TO FACTORS IDENTIFIED IN B, 2 AND 3, ABOVE, IN CURRENT AND SUBSEQUENT SERVICES.

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7.304.52 Diligent S ear ch FAMILY SEARCH AND ENGAGEMENT [Rev. eff. 5/1/12]

A. Definition: Dil i ge nt FAMILY search AND ENGAGEMENT is the timely good faith effort to locate and contact any noncustodial parent, all grandparent(s), and other adult relatives, AND A PARENT WITH LEGAL CUSTODY OF A CHILD OR YOUTH WHOSE SIBLING IS NOT RESIDING IN THE HOME, INCLUDING WHEN TERMINATION OF PARENTAL RIGHTS HAS OCCURRED, concerning the removal of a child or youth from the custodial home. Dilig ent FAMILY search AND ENGAGEMENT shall extend beyond the United States, its territories, or Puerto Rico as appropriate.

B. Di l ige nt FAMILY search AND ENGAGEMENT shall:

1. Be commenced for the noncustodial parent within three (3) working days. The county department must provide notification to the absent parent of the following:

a. The child or youth has been removed from the home; and,

b The option to participate in the care, treatment, or placement of the child or youth.

2. Be completed within thirty (30) calendar days for all grandparent(s), and other adult relatives, OR A PARENT WITH LEGAL CUSTODY OF A CHILD OR YOUTH WHOSE SIBLING IS NOT RESIDING IN THE HOME, OR WHO WOULD BE CONSIDERED A SIBLING UNDER STATE LAW IF IT WERE NOT FOR A DISRUPTION IN PARENTAL RIGHTS, SUCH AS A TERMINATION OF PARENTAL RIGHTS OR DEATH OF PARENT. The county department shall provide notification of the following information:

a. The child or youth has been removed from the home;

b. Options to participate in the care or placement of the child or youth;

c. Options that may be lost by failing to respond;

d. The requirements to become a foster parent, and services and supports available to the child or youth placed in the family foster care home; and,

e. A description of the Relative Guardianship Assistance Program.

C. The county department shall assure that:

1. Parents are consulted regarding their suggestions for appropriate caretakers.

2. Children and youth are consulted as appropriate regarding their suggested relative caretakers.

20 3. When the court orders a delay in contacting specific relatives for good cause including, but not limited to, domestic or other family violence, then the county department shall discontinue the d i l ige nt FAMILY search AND ENGAGEMENT involving the relative until otherwise authorized by the court.

D. Di l ige nt FAMILY search AND ENGAGEMENT shall occur for all children including Native American children at least every six (6) months throughout the life of the case until the child or youth has achieved permanency, except as noted in Section 7.304.52, C, 3 or when the following conditions exist:

1. A placement is stable with a relative or kin a minimum of six (6) consecutive months; and,

2. The relative or kin has committed to the legal permanence of the child or youth; and,

3. There is agreement among the parties that the relative or kin is the appropriate permanency option and that it is in the best interest of the child or youth that d i l ige nt FAMILY search AND ENGAGEMENT shall be discontinued.

E. A family engagement meeting shall occur within thirty (30) calendar days when any of the following conditions exist:

1. The child or youth is in a family-like permanent setting without the provider expressing formal intent to provide legal permanence at the time that any of the following conditions exist. The child or youth:

a. Has been in out-of-home placement fifteen (15) of twenty-two (22) months; or,

b. Has had two (2) or more unplanned moves within a twelve (12) month period; or,

c. Is assigned a permanency goal of Other Planned Permanent Living Arrangement (OPPLA), except those children and youth participating in the Unaccompanied Refugee Minor Program.

2. The child or youth is in out-of-home placement in a non-family-like setting without an approved permanency plan and any of the conditions in SECTION 7.304.52, E, 1, a-c, exist.

F. The county shall document all efforts in the Family Services Plan for the child or youth. Initial and ongoing d i l ige nt FAMILY search AND ENGAGEMENT results shall be reviewed and documented during ninety (90) day supervisory reviews.

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7.304.62 Placement Activities [Rev. eff. 7/1/12]

The county department shall:

P. Allow OUT-OF-HOME CARE PROVIDERS, WHO ARE TRAINED IN A REASONABLE AND PRUDENT PARENT STANDARD, TO AUTHORIZE children and youth in o ut -of -hom e care to participate in community-based activities without the need for a fingerprint-based criminal record background check for the adult(s) involved in the activities. A decision to allow participation shall be based on TRAINED PROVIDERS USING A REASONABLE AND prudent parenting STANDARD, as defined in Section 7.000.2, A (12 CCR 2509-1) and include, but not be limited to, careful and sensible decision-making that addresses the health, safety, and best interests of the child or youth. The following factors shall be tak en into considerEDat i on:

21 1. Level of maturity;

2. Developmental level;

3. Age appropriateness of activity; and,

4. Frequency of the activity.

Q. RESPOND TO ISSUES RELATED TO HUMAN TRAFFICKING AS OUTLINED IN SECTION 7.303.4.

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22 7.305 EMANCIPATION SERVICES

7.305.1 INDEPENDENT LIVING [Rev. eff. 4/1/12]

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 and youth in out-of- home care should include efforts to build life skills and self-sufficiency competencies; however, such services are mandatory for youth six t een FOURTEEN (16 14) YEARS OF AGE and over.

7.305.2 SPECIFIC PROCEDURES [Rev. eff. 7/1/14]

A. The county department shall assess all youth in foster care who have reached the age of 16 FOURTEEN (14) for independent living services and complete the independent living section of the Family Services Plan (FSP). This assessment and planning for independent living is required regardless of the specified permanency goal of the case plan.

B. The county department's assessment shall include documentation of:

1. The youth's capacity for self-sufficiency and self-support by reviewing daily living skills.

2. An evaluation of individual, family, community, and financial support resources available to promote emancipation or semi-independent living.

C. Following assessment, the Independent Living Plan (ILP) shall be developed jointly by the youth, caseworker, care provider(s), and other significant persons CHOSEN BY THE YOUTH. or age ncies and documented in the FSP on the state automated system.

1. THE CASE PLAN AND PERMANENCY HEARING COURT REPORT SHALL DESCRIBE THE SERVICES TO HELP THE YOUTH TRANSITION TO SUCCESSFUL ADULTHOOD INCLUDING, BUT NOT LIMITED TO, PARTICIPATION IN ON-GOING OPPORTUNITIES TO ENGAGE IN AGE AND DEVELOPMENTALLY APPROPRIATE ACTIVITIES, AND PREGNANCY AND/OR PARENTING STATUS AND SUPPORTS.

2. THE CASE PLAN SHALL DOCUMENT THE RIGHTS OF THE YOUTH TO EDUCATION, HEALTH, VISITATION, COURT PARTICIPATION AND THE RIGHT TO RECEIVE A CREDIT REPORT ANNUALLY. A SIGNED ACKNOWLEDGEMENT THAT THE YOUTH WAS PROVIDED A COPY OF THESE RIGHTS AND THAT THEY WERE EXPLAINED IN AN AGE AND DEVELOPMENTALLY APPROPRIATE WAY SHALL BE INCLUDED IN THE CASE PLAN.

E. Free Annual Credit Record Report for Youth Age 1 6 FOURTEEN (14) and Older in Foster Care

The following steps shall be taken:

1. The county department shall obtain free annual credit report information from the three credit reporting agencies designated by the Department for youth who are in foster care and are at least six tee n FOURTEEN (14) years of age, and provide the information to the youth and Guardian ad Litem (GAL);

2. If the youth objects to obtaining the credit report, the county department shall inform the court and request that the court issue an order authorizing the county to obtain the credit report.

3. The county department shall maintain a copy of each credit report in the case record; and,

23 4. Should the annual report show evidence of any inaccuracies, the county department shall inform the court of the inaccuracies, refer the youth to a Colorado Department of Human Services approved governmental or non-profit entity to resolve the inaccuracies, and inform the GAL of the referral.

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7.305.1 NATIONAL YOUTH IN TRANSITION DATABASE (NYTD) [Eff. 10/1/10]

7.305.33 Follow-Up Population [Eff. 10/1/10]

The “Follow-Up Population” consists of you th YOUNG PEOPLE WHO WERE t hat re ach ag e n inet een (19) a nd we re in the baseline population at age seventeen (17) WHO REACH AGE NINETEEN (19) OR AGE TWENTY-ONE (21) DURING THE SIX-MONTH SURVEY PERIOD AND WHO APPEAR IN THE SURVEY POPULATION OR SAMPLE INDICATED IN THE TRAILS NYTD SCREEN.

For youth open in a case and who are in the “Follow-Up Population”, the county department OR DIVISION OF YOUTH CORRECTIONS shall assure that the “follow-up surveys” are completed by the youth within THE six (6) months of the yo uth reach ing age nin etee n (19) PERIOD TO WHICH THEY ARE ASSIGNED.

FOR YOUTH WHO HAVE DISCHARGED FROM CARE WHO ARE IN THE “FOLLOW-UP POPULATION”, THE COUNTY DEPARTMENT OR DIVISION OF YOUTH CORRECTIONS SHALL ASSIST THE DIVISION OF CHILD WELFARE IN LOCATING AND ENGAGING YOUTH TO COMPLETE THE SURVEY DURING THE PERIOD TO WHICH THEY ARE ASSIGNED.

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7.305.4 CHAFEE FOSTER CARE INDEPENDENCE PROGRAM (CFCIP) – TITLE IV-E INDEPENDENT LIVING GRANT INITIATIVE [Rev. eff. 12/1/12]

The Chafee Foster Care Independence Program (CFCIP) is a federally funded statewide independent living program that is county administered.

The purpose of the Chafee Foster Care Independence Program is to provide age AND DEVELOPMENTALLY appropriate independent living resources to youth in out-of-home care who are at risk of aging out of foster care. These services shall supplement existing independent living resources and programs in county departments, residential child care facilities and child placement agencies, and by federal statute, shall not replace or duplicate existing services. Chafee Foster Care Independence Program funds shall not be used for room and board for a youth under eighteen (18) years of age. The eligible population includes:

A. Youth currently in out-of-home care, f if teen FOURTEEN (15 14) up to eig htee n TWENTY-ONE (18 21) years of age, and in out-of- home care for a minimum of six (6) months IF UNDER AGE SEVENTEEN (17), consecutive months are not required;

B. Age eighteen (18) to twenty one (21), who were in out-of-home care on OR AFTER their eighteenth (18th) birthday; and,

C. Youth age sixteen (16) to twenty one (21) who meet requirements for relative guardianship assistance, and youth age sixteen (16) to twenty one (21) who meet requirements for adoption assistance or who met such requirements on or after their sixteenth (16th) birthday.

24 7.305.41 County Responsibilities [Rev. eff. 2/1/10]

F. THE COUNTY DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS, IN THIS ORDER, IN PRIORITIZATION OF CHAFEE SERVICES:

1. RISK OR HISTORY OF HUMAN TRAFFICKING OR INVOLVEMENT IN SURVIVAL CRIME;

2. RISK OR HISTORY OF HOMELESSNESS;

3. RISK OR HISTORY OF EMANCIPATING FROM CHILD WELFARE OR OF EXITING THE DIVISION OF YOUTH CORRECTIONS AFTER AGE EIGHTEEN (18);

4. PREVIOUS PARTICIPATION IN CHAFEE SERVICES OR TRANSFER OF SERVICES FROM ANOTHER COUNTY OR STATE;

5. ENROLLMENT AND PROGRESS IN POST-SECONDARY EDUCATIONAL ACTIVITIES, INTERNSHIPS OR APPRENTISHIPS;

6. ENROLLMENT AND PROGRESS IN WORKFORCE INNOVATION AND OPPORTUNITY DEVELOPMENT ACTIVITIES; AND,

7. CONNECTION TO PERMANENT, SUPPORTIVE ADULTS AND PERSONAL SUPPORT SYSTEMS.

7.305.42 Eligibility [Rev. eff. 7/1/12]

To be eligible for Chafee Foster Care Independence Program (CFCIP) services, the youth must:

A. Meet Program Area 4, 5, or 6 target group eligibility requirements or meet community placement requirements, IN A NON-SECURE SETTING, WITH for the Division of Youth Corrections, OR MEET REQUIREMENTS FOR ONGOING CHAFEE SERVICES IN THE STATE WHERE THE YOUTH EMANCIPATED, WAS ADOPTED OR ENTERED RELATIVE GUARDIANSHIP, IF OTHER THAN COLORADO.

B. Be at risk of aging out of foster care which includes youth:

1. Currently in out-of-home care, f if teen FOURTEEN (15 14) up to eight e en TWENTY-ONE (18 21) years of age, and in out-of- home placement for a minimum of six (6) months IF UNDER AGE SEVENTEEN (17). Consecutive months are not required;

2. Age sixteen (16) to twenty-one (21), who meet requirements for Relative Guardianship Assistance and entered Relative Guardianship on or after age sixteen (16);

3. Age sixteen (16) to twenty-one (21), who meet requirements for Adoption Assistance and entered Adoption Assistance on or after age sixteen (16);

4. Age eighteen (18) to twenty-one (21), who were in out-of-home care on OR AFTER their eighteenth (18th) birthday.

C. Have a current Family Services Plan in the State Department’s automated system. FOR YOUTH WHO EMANCIPATED, WERE ADOPTED OR ENTERED RELATIVE GUARDIANSHIP IN ANOTHER STATE, HAVE DOCUMENTED VERIFICATION OF ELIGIBILITY FROM THE STATE WHERE THEY EMANCIPATED. For youth who entered into a Relative Guardianship or Adoption Assistance agreement at age sixteen (16) or older, the following may be used in lieu of a Family Services Plan:

25 1. The Relative Guardianship or Adoption Assistance agreement; or,

2. An Independent Living Plan developed on or prior to the eighteenth (18th) birthday.

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 with the youth and the county department regarding participation in the Chafee Foster Care Independence Program.

7.305.43 Educational and Training Voucher Program

THE EDUCATIONAL AND TRAINING VOUCHER PROGRAM PROVIDES FEDERALLY FUNDED VOUCHERS FOR POSTSECONDARY TRAINING AND EDUCATION TO YOUTH ELIGIBLE FOR CHAFEE SERVICES IN SECTION 7.305.42.

7.305.5 Vital Life Documents Prior to Emancipation [Rev. eff. 8/1/11]

A. All youth with a perm anenc y g oal of "Other P l an ned P erm anent L i v i ng Arrang em ent" IN FOSTER CARE WHO HAVE REACHED THE AGE OF FOURTEEN (14) shall be provided with the following documents unless there is no record of the youth’s birth or the identity of the youth cannot be established, in which case the basis for this shall be documented in the State automated system.

1. A certified birth certificate or, when applicable, an alien registration card (green card); and,

2. Tribal affiliation information for Native American youth (see rule section 7.309.21, A and B); and,

3. A Social Security card; and,

4. A state identification card or a state driver’s license.

B. For all male youth with a permanency goal of "Other Planned Permanent Living Arrangement", the county shall facilitate registration for the Selective Service System.

C. All youth with a permanency goal of "Other Planned Permanent Living Arrangement" shall be provided with the following documents prior to emancipation:

1. A Health Passport and other pertinent health-related records to include health care decision-making information; and,

2. Educational records (see rule section 7.301.242).

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7.311.61 Title IV-E Relative Guardianship Assistance [Rev. eff. 12/1/12]

A. When A SUCCESSOR GUARDIAN IS NOT IDENTIFIED IN THE ORIGINAL ASSISTANCE AGREEMENT AND a relative guardianship is dissolved, the youth or child and the subsequent relative guardian must meet all Relative Guardianship Assistance Program eligibility requirements, including:

1. A new determination regarding the continuing needs of the youth or child; and,

26 2. Completion of a new relative guardianship assistance agreement with the new relative guardian; and/or,

3. If the previous relative guardian is deceased, a copy of the death certificate must be provided.

B. After a youth or child has been determined eligible for Title IV-E relative guardianship assistance payments and/or Title IV-E Medicaid benefits, Title IV-E eligibility continues while there is a relative guardianship assistance agreement in effect; and,

1. Eligibility continues as long as the youth or child meets the requirements regardless of the relative guardian’s state of residence.

2. Title IV-E relative guardianship assistance benefits and/or Title IV-E Medicaid benefits must continue until the expiration of the original agreement unless all parties to the agreement are in concurrence. This includes, but is not limited to, a situation where the relative guardian fails to complete and return paperwork related to the three-year review of the assistance agreement.

3. If the previous relative kinship guardian is deceased, a copy of the death certificate must be provided.

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7.311.62 State-County Relative Guardianship Assistance (Non-Title IV-E) [Rev. eff. 12/1/12]

C. WHEN A SUCCESSOR GUARDIAN IS NOT IDENTIFIED IN THE ORIGINAL ASSISTANCE AGREEMENT, AND A RELATIVE GUARDIANSHIP IS DISSOLVED, THE YOUTH OR CHILD AND THE SUBSEQUENT RELATIVE GUARDIAN MUST MEET ALL RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM ELIGIBILITY REQUIREMENTS, INCLUDING:

1. A NEW DETERMINATION REGARDING THE CONTINUING NEEDS OF THE YOUTH OR CHILD; AND,

2. COMPLETION OF A NEW RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT WITH THE NEW RELATIVE GUARDIAN; AND/OR,

3. IF THE PREVIOUS RELATIVE GUARDIAN IS DECEASED, A COPY OF THE DEATH CERTIFICATE MUST BE PROVIDED.

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7.311.64 SUCCESSOR GUARDIAN

A. A SUCCESSOR GUARDIAN MAY BE IDENTIFIED IN THE ORIGINAL RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT FOR CONTINUITY OF RELATIONSHIP AND PERMANENCY, AND TO PREVENT RE-ENTRY INTO FOSTER CARE FOR A YOUTH OR CHILD, DUE TO INCAPACITATION OR DEATH OF THE ORIGINAL GUARDIAN.

1. INCAPACITATION MEANS THE RELATIVE GUARDIAN IS SUBSTANTIALLY UNABLE TO PERFORM THE DUTIES OF A LEGAL GUARDIAN FOR THE YOUTH OR CHILD(REN) NAMED IN THE RELATIVE GUARIDANSHIP ASSISTANCE AGREEMENT. SUBSTANTIAL INABILITY TO PROVIDE CARE MAY BE DUE TO A PHYSICALLY DEBILITATING ILLNESS, DISEASE, OR INJURY; OR A MENTAL IMPAIRMENT RESULTING IN SUBSTANTIAL INABILITY TO UNDERSTAND THE

27 NATURE AND CONSEQUENCES OF DECISIONS CONCERNING THE CARE OF THE YOUTH OR CHILD.

2. ELIGIBILITY OF A SUCCESSOR GUARDIAN AT THE TIME OF INCAPACITATION OR DEATH:

a. THE SUCCESSOR GUARDIAN MEETS REQUIREMENTS APPLICABLE TO FOSTER CARE FOR FINGERPRINT-BASED CRIMINAL BACKGROUND CHECKS THROUGH THE COLORADO BUREAU OF INVESTIGATION (CBI) AND FEDERAL BUREAU OF INVESTIGATION (FBI) AT THE TIME OF INCAPACITATION OR DEATH; AND,

b. AT THE TIME OF INCAPACITATION OR DEATH, ALL ADULTS RESIDING IN THE HOME MEET REQUIREMENTS APPLICABLE TO FOSTER CARE FOR FINGERPRINT-BASED CRIMINAL BACKGROUND CHECKS THROUGH CBI AND FBI AT THE TIME OF INCAPACITATION OR DEATH; AND,

c. THE SUCCESSOR GUARDIAN AND ALL ADULTS (EIGHTEEN YEARS AND OLDER) RESIDING IN THE HOME ARE NOT REGISTERED SEX OFFENDERS; AND,

d. THE SUCCESSOR GUARDIAN HAS KNOWLEDGE ABOUT THE NEEDS OF THE YOUTH OR CHILD IN THE RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT; AND,

e. THE SUCCESSOR GUARDIAN IS COMMITTED TO RAISING THE YOUTH OR CHILD.

3. RESPONSIBILITY OF A SUCCESSOR GUARDIAN AT THE TIME OF INCAPACITATION OR DEATH AND FOLLOWING APPOINTMENT OF GUARDIANSHIP

THE SUCCESSOR GUARDIAN MUST:

a. NOTIFY THE COUNTY DEPARTMENT WITH FINANCIAL RESPONSIBILITY FOR THE RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT ABOUT THE INCAPACITATION OR DEATH OF THE ORIGINAL GUARDIAN; AND,

b. SUBMIT COMPLETED DOCUMENTATION OF FINGERPRINT-BASED CBI AND FBI RESULTS; AND,

c. IDENTIFY ALL ADULTS LIVING IN THE HOME AND THEIR DATES OF RESIDENCES FOR THE PRECEDING FIVE (5) YEARS; AND,

d. PETITION THE PROBATE COURT FOR GUARDIANSHIP OF THE YOUTH OR CHILD AS SOON AS POSSIBLE; AND,

e. COLLABORATE WITH THE COUNTY DEPARTMENT WITH FINANCIAL RESPONSIBILITY TO COMPLETE A RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT COMMENSURATE WITH THE CURRENT AGREEMENT AND BASED UPON THE NEEDS OF THE YOUTH OR CHILD AND THE CIRCUMSTANCES OF THE SUCCESSOR GUARDIAN; AND,

f. NOTIFY THE COUNTY DEPARTMENT OF ANY SIGNIFICANT CHANGES THAT AFFECT THE TERMS OF THE ASSISTANCE AGREEMENT; AND,

g. SUBMIT REQUIRED REPORTS TO THE COURT; AND,

h. PROVIDE ANNUAL VERIFICATION OF SCHOOL ATTENDANCE FOR THE CHILD(REN) OR YOUTH INCLUDED IN THE ASSISTANCE AGREEMENT.

28 4. RESPONSIBILITY OF THE COUNTY DEPARTMENT

a. UPON NOTIFICATION OF THE INCAPACITATION OR DEATH OF A RELATIVE GUARDIAN, THE COUNTY DEPARTMENT SHALL SUSPEND RELATIVE GUARDIANSHIP ASSISTANCE PAYMENTS AND SERVICES IDENTIFIED IN THE ORIGINAL ASSISTANCE AGREEMENT EFFECTIVE THE DATE OF INCAPACITATION OR DEATH, UNTIL THE SUCCESSOR GUARDIAN HAS ATTAINED GUARDIANSHIP OF THE YOUTH OR CHILD THROUGH THE PROBATE COURT.

b. REVIEW THE CURRENT CBI AND FBI FINGERPRINT-BASED HISTORY PROVIDED BY THE SUCCESSOR GUARDIAN AND FOR ALL ADULTS (EIGHTEEN YEARS AND OLDER RESIDING IN THE HOME).

c. REQUEST AND REVIEW CHILD ABUSE/NEGLECT RECORDS IN EACH STATE WHERE THE SUCCESSOR GUARDIAN AND ALL ADULTS (EIGHTEEN YEARS AND OLDER) LIVING IN THE HOME HAVE RESIDED IN THE FIVE (5) YEARS PRECEDING THE DATE OF NOTIFICATION OF INCAPACITATION OR DEATH OF THE ORIGINAL GUARDIAN.

d. COMPLETE NATIONAL AND CBI SEX OFFENDER REGISTRY CHECKS USING THE STATE PRESCRIBED PROCEDURES FOR THE SUCCESSOR GUARDIAN AND ALL ADULTS (EIGHTEEN YEARS AND OLDER) LIVING IN THE HOME.

e. UPON DETERMINATION THAT THE PROSPECTIVE SUCCESSOR GUARDIAN MEETS REQUIREMENTS, COLLABORATE TO PROVIDE COMMENSURATE ASSISTANCE AND SERVICES IDENTIFIED IN THE ORIGINAL RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT AND BASED UPON THE NEEDS OF THE YOUTH OR CHILD AND THE CIRCUMSTANCES OF THE SUCCESSOR GUARDIAN.

f. THE ASSISTANCE AGREEMENT SHALL BE SIGNED BY ALL APPROPRIATE PARTIES PRIOR TO THE DATE THE COURT AWARDS GUARDIANSHIP. THE RELATIVE GUARDIANSHIP ASSISTANCE IS EFFECTIVE THE DATE OF GUARDIANSHIP.

g. WHEN THE SAFETY OF THE YOUTH OR CHILD IS COMPROMISED OR WHEN THE SUCCESSOR GUARDIAN DOES NOT MEET ELIGIBILITY REQUIREMENTS, THE COUNTY DEPARTMENT SHALL IDENTIFY OTHER ADULTS WITH AN INTEREST IN RAISING THE CHILD, AND/OR OBTAIN LEGAL AUTHORITY FOR CUSTODY AND CARE OF THE YOUTH OR CHILD. THE ASSISTANCE AGREEMENT SHALL NOT BE TRANSFERRED TO ANOTHER ADULT.

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29 (12 CCR 2509-6)

7.500.311 Training and Foster Home Assessment [Rev. eff. 4/1/12]

A. Prior to certification, the county shall complete the single assessment of foster and adoptive homes as outlined in Section 7.500.2.

B. Training, Colorado Bureau of Investigation (CBI), Federal Bureau of Investigation (FBI), and Five- Year Child Abuse and Neglect Records Check Requirements

1. Prior to the placement of a child, initial training shall be provided through the statewide core curriculum, county department, or CPA.

a. Each applicant shall complete twelve hours of core training. Core training shall include, at a minimum, the following ten primary topic areas:

1) General overview of foster care

2) Administrative and legal issues

3) Why children get placed in out-of-home care

4) Parenting and family dynamics

5) Key concepts of child growth and development

6) Importance of the team approach

7) Individual differences, such as ethnicity and culture

8) Discipline

9) Effects of fostering on the foster family

10) Working with the biological family

b. In addition to twenty-seven hours of pre-certification training, which includes twelve hours of core training, each foster parent must be certified in First Aid or the equivalent, and CPR for the ages of the children in placement.

c. Complete a background check for each adult eighteen (18) years and older living in the home for the following:

1) Child abuse/neglect records in every state where the adult has resided in the five years preceding the date of application; and,

2) Fingerprint-based criminal history checks from the CBI and the FBI; and,

3) The Colorado State Courts Data Access.

d. STAFF WITH SUPERVISORY RESPONSIBILITIES SHALL TRAIN FOSTER PARENTS TO APPROVE AGE AND DEVELOPMENTALLY APPROPRIATE COMMUNITY-BASED ACTIVITIES FOR EACH CHILD OR YOUTH USING A REASONABLE AND PRUDENT PARENT STANDARD.

30 A REASONABLE AND PRUDENT PARENT STANDARD INCLUDES, BUT IS NOT LIMITED TO, CAREFUL AND SENSIBLE DECISION-MAKING THAT ADDRESSES THE HEALTH, SAFETY, AND BEST INTERESTS OF THE CHILD OR YOUTH. THE FOLLOWING FACTORS SHALL BE CONSIDERED:

1) LEVEL OF MATURITY;

2) DEVELOPMENTAL LEVEL;

3) AGE APPROPRIATENESS OF ACTIVITY; AND,

4) FREQUENCY OF THE ACTIVITY.

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31 (12 CCR 2509-8)

7.705 RULES REGULATING RESIDENTIAL CHILD CARE FACILITIES [Rev. eff. 6/1/12]

All Residential Child Care Facilities must comply with the “General Rules for Child Care Facilities” found at Section 7.701, et seq., and the 24-Hour Quality Standards at Section 7.714.

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7.705.2 CHILD CARE SERVICES

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7.705.22 Recreation and Leisure Activities [Rev. eff. 6/1/12]

A. A residential facility shall have a written plan for ensuring that a range of indoor and outdoor recreational and leisure opportunities is provided for children AND YOUTH in care. Such opportunities shall be based on the individual interests, with personal and treatment needs being considered. PROVIDERS SHALL MAKE REASONABLE EFFORTS TO ALLOW CHILDREN AND YOUTH TO PARTICIPATE IN AGE AND DEVELOPMENTALLY APPROPRIATE EXTRACURRICULAR, CULTURAL, EDUCATIONAL, WORK-RELATED, AND PERSONAL ENRICHMENT ACTIVITIES TO TRANSITION TOWARD INDEPENDENCE, BUILD LIFE SKILLS, AND STRENGTHEN OPPORTUNITIES TO MAKE POSITIVE CONNECTIONS.

A REASONABLE AND PRUDENT PARENT STANDARD INCLUDES, BUT IS NOT LIMITED TO, CAREFUL AND SENSIBLE DECISION-MAKING THAT ADDRESSES THE HEALTH, SAFETY, AND BEST INTERESTS OF THE CHILD OR YOUTH. A TRAINED STAFF WITH SUPERVISORY RESPONSIBILITIES SHALL BE DESIGNATED TO APPROVE APPROPRIATE COMMUNITY-BASED ACTIVITIES FOR EACH CHILD OR YOUTH. THE FOLLOWING FACTORS SHALL BE CONSIDERED:

1. ADEQUATE INFORMATION ABOUT THE CHILD OR YOUTH;

2. BEHAVIORAL AND/OR MENTAL HEALTH STABILITY OF THE CHILD OR YOUTH;

3. REASONABLE STEPS WERE MADE TO DETERMINE THE APPROPRIATENESS OF THE ACTIVITY; AND,

4. LACK OF REASONABLE OR FORESEEABLE HARM REGARDING THE ACTIVITY.

B. Responsibility shall be assigned for supervision and coordination of the total recreation program, including training and supervision of staff and volunteers to assure maximum safety for each participant.

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32 7.705.8 SPECIAL RULES AND REGULATIONS FOR SHELTER CARE

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7.705.82 Homeless Youth Shelter Care [Eff. 9/15/12]

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7.705.83 Education and Treatment [Rev. eff. 11/1/98]

A. The facility shall ensure that each child is provided with an educational program in accordance with state and local laws. Any educational program provided by a shelter care facility shall comply with all applicable state and local laws.

B. Daily routine schedules shall be established by the facility which ensures a stable, orderly, supportive environment for children in care.

C. Case plans shall be developed for each child who stays in shelter care longer than two weeks. The plan will include, at least, issues regarding personal and group living skills. The child shall be involved in the establishment of short-term goals.

D. A permanent placement plan shall be made for the child within thirty days of admitting a child into care. The comprehensive assessment as found at Section 7.705.23, B, should serve as a basis for the plan.

E. PROVIDERS SHALL MAKE REASONABLE EFFORTS TO ALLOW CHILDREN AND YOUTH TO PARTICIPATE IN AGE AND DEVELOPMENTALLY APPROPRIATE EXTRACURRICULAR, CULTURAL, EDUCATIONAL, WORK-RELATED, AND PERSONAL ENRICHMENT ACTIVITIES TO TRANSITION TOWARD INDEPENDENCE, BUILD LIFE SKILLS, AND STRENGTHEN OPPORTUNITIES TO MAKE POSITIVE CONNECTIONS.

A REASONABLE AND PRUDENT PARENT STANDARD INCLUDES, BUT IS NOT LIMITED TO, CAREFUL AND SENSIBLE DECISION-MAKING THAT ADDRESSES THE HEALTH, SAFETY, AND BEST INTERESTS OF THE CHILD OR YOUTH. A TRAINED STAFF WITH SUPERVISORY RESPONSIBILITIES SHALL BE DESIGNATED TO APPROVE COMMUNITY- BASED ACTIVITIES FOR EACH CHILD OR YOUTH TAKING THE FOLLOWING FACTORS INTO CONSIDERATION:

1. ADEQUATE INFORMATION ABOUT THE CHILD OR YOUTH;

2. BEHAVIORAL AND/OR MENTAL HEALTH STABILITY OF THE CHILD OR YOUTH;

3. REASONABLE STEPS WERE MADE TO DETERMINE THE APPROPRIATENESS OF THE ACTIVITY; AND,

4. LACK OF REASONABLE OR FORESEEABLE HARM REGARDING THE ACTIVITY.

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33 7.708 RULES REGULATING FAMILY FOSTER CARE HOMES

All family foster care homes must comply with the “Rules Regulating Family Foster Care Homes” and the “General Rules for Child Care Facilities”.

7.708.39 Community Participation [Rev. eff. 7/1/12]

A. Participation in community activities shall be encouraged, supported, and IT IS a vital part of each foster THE life OF A CHILD OR YOUTH and choice. With the consent and authorization of the custodial county department of human/social services, TRAINED providers shall make reasonable efforts to allow children and youth to participate in AGE AND DEVELOPMENTALLY APPROPRIATE extracurricular, cultural, educational, work-related, and personal enrichment activities to transition toward independence, build life skills, and strengthen opportunities to make positive connections.

A REASONABLE AND PRUDENT PARENT STANDARD INCLUDES, BUT IS NOT LIMITED TO, CAREFUL AND SENSIBLE DECISION-MAKING THAT ADDRESSES THE HEALTH, SAFETY, AND BEST INTERESTS OF THE CHILD OR YOUTH. When considering an activity, the following factors shall be considered:, but are not limited to

1. Adequate information about the youth;

2. Behavioral and/or mental health stability of the child or youth;

3. Reasonable steps were made to determine the appropriateness of the activity; and,

4. Lack of reasonable or foreseeable harm regarding the activity.

B. The family foster care home shall consider and be sensitive to identity of the child or youth, including, but not limited to, cultural, spiritual and/or religious needs. The family foster care home shall involve a foster child in activities appropriate to his/her identity, including, but not limited to, consideration of the child's family, community, neighborhood, school activities, friends, and the child's and family's primary language.

C. The family foster care home shall utilize available services, facilities, and activity programs of the community, and foster children shall be given opportunities to participate as individuals or as a group in agency-sponsored recreational and cultural programs.

D. With the approval of the certifying authority, the family foster care home may deduct reasonable sums from a foster child's allowance as restitution for damages done by the foster child. Restitution must be negotiated with the foster child and based on the foster child's ability to pay. A written record of damages and any restitution paid by a foster child must be maintained by the family foster care home and certifying authority.

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34 7.708.65 Orientation, Training, and Certification [Rev. eff. 6/1/12]

C. The certifying authority shall document that foster parents receive quality, appropriate, competency-based training in the following areas that builds on basic competencies of the foster parent(s) established through life experiences and pre-certification training.

8. ATTEST IN WRITING, THAT THE FOSTER PARENT IS TRAINED AND KNOWLEDGEABLE ABOUT AGE AND DEVELOPMENTALLY APPROPRIATE ACTIVITIES, AND CAN SAFELY AUTHORIZE CHILDREN AND YOUTH TO PARTICIPATE IN COMMUNITY AND EXTRACURRICULAR ACTIVITIES USING THE REASONABLE AND PRUDENT PARENT STANDARD IN SECTION 7.708.39.

9 8. Annual review of these regulations by foster parents.

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7.709 RULES AND REGULATIONS FOR SPECIALIZED GROUP FACILITIES [Eff. 11/1/2008]

All Specialized Group Facilities must comply with the “Quality Standards for 24-Hour Child Care”, the “Rules Regulating Specialized Group Facilities”, the “General Rules For Child Care Facilities”, and the “Rules Regulating Special Activities”.

7.709.22 Personnel Qualifications and Role of a County Department of Social Services or a Licensed Child Placement Agency to Establish and Supervise a Specialized Group Home or Center [Eff. 11/1/2008]

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I. ATTEST IN WRITING, THAT THE STAFF DESIGNATED TO AUTHORIZE PARTICIPATION IN ACTIVITIES IS TRAINED AND KNOWLEDGEABLE ABOUT AGE AND DEVELOPMENTALLY APPROPRIATE ACTIVITIES, AND CAN SAFELY AUTHORIZE CHILDREN AND YOUTH TO PARTICIPATE IN COMMUNITY AND EXTRACURRICULAR ACTIVITIES USING THE REASONABLE AND PRUDENT PARENT STANDARD IN SECTION 7.709.25.

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7.709.25 Care of Children [Rev. eff. 7/1/12]

E. Participation in Community Activities

Participation in community activities shall be encouraged AND supported, AS IT IS a vital part of THE LIFE FOR each foster child’s life and choice CHILD OR YOUTH, and authorized by the custodial county department of human/social services. Along with the requirements in Section 7.714.7 (12 CCR 2509-8), A TRAINED group home PARENT or group center ADMINISTRATOR providers shall with the consent and authorization of the custodial county department of human/social services, make reasonable efforts to allow children and youth to participate in AGE AND DEVELOPMENTALLY APPROPRIATE extracurricular, cultural, educational, work-related, and personal enrichment activities that assist to transition toward independence, build life skills, and strengthen opportunities to make positive connections.

35 A REASONABLE AND PRUDENT PARENT STANDARD INCLUDES, BUT IS NOT LIMITED TO, CAREFUL AND SENSIBLE DECISION-MAKING THAT ADDRESSES THE HEALTH, SAFETY, AND BEST INTERESTS OF THE CHILD OR YOUTH. When considering an activity, the following factors shall be considered, but are not limited to:

1. Adequate information about the youth;

2. Behavioral and/or mental health stability of the child or youth;

3. Appropriateness of the activity; and,

4. Lack of foreseeable harm regarding the activity.

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7.710 RULES AND REGULATIONS FOR CHILD PLACEMENT AGENCIES [Rev. eff. 6/1/12]

All child placement agencies shall comply with the “General Rules for Child Care Facilities” and “Rules and Regulations for Child Placement Agencies” and shall comply with the “Rules Regulating Family Foster Care Homes” for any homes certified by the Child Placement Agency, and the “Specialized Group Facilities” rules for any Specialized Group Facility sponsored by the Child Placement Agency.

7.710.4 PLACEMENT OF CHILDREN IN FOSTER CARE

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7.710.43 Responsibility of Placement Agency While the Child is in Care

I. THE AGENCYSHALL REQUIRE FOSTER PARENTS TO MAKE REASONABLE EFFORTS TO ALLOW CHILDREN AND YOUTH TO PARTICIPATE IN AGE AND DEVELOPMENTALLY APPROPRIATE EXTRACURRICULAR, CULTURAL, EDUCATIONAL, WORK-RELATED, AND PERSONAL ENRICHMENT ACTIVITIES TO TRANSITION TOWARD INDEPENDENCE, BUILD LIFE SKILLS, AND STRENGTHEN OPPORTUNITIES TO MAKE POSITIVE CONNECTIONS.

A REASONABLE AND PRUDENT PARENT STANDARD INCLUDES, BUT IS NOT LIMITED TO, CAREFUL AND SENSIBLE DECISION-MAKING THAT ADDRESSES THE HEALTH, SAFETY, AND BEST INTERESTS OF THE CHILD OR YOUTH. STAFF WITH SUPERVISORY RESPONSIBILITIES SHALL TRAIN FOSTER PARENTS TO APPROPRIATELY APPROVE COMMUNITY-BASED ACTIVITIES FOR EACH CHILD OR YOUTH AND TAKE THE FOLLOWING FACTORS INTO CONSIDERATION:

1. LEVEL OF MATURITY;

2. DEVELOPMENTAL LEVEL;

3. AGE APPROPRIATENESS OF ACTIVITY; AND,

4. FREQUENCY OF THE ACTIVITY.

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