Tracking# 2012-00241
FA/P 5/4/12, eff. 7/1/12 

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[I:/12011701.doc] 

(9 CCR 2503-1)

[Instructions: insert before line 1699530. 
Addition of Sections 3.740 through 3.746 were final (permanent) adoption and revisions of Sections 3.810.76, 3.811.2, 3.904.1, 3.905, 3.906, 3.907, 3.911, and 3.913 were final adoption following publication at the 5/4/2012 State Board rule-making session, with an effective date of 7/1/2012 (Rule-making#s 12-17-1, 12-1-27-2, and 12-2-27-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration.

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[Instructions: replace lines 2220462 through 2220467. 
3.904.1  TEEN PARENT RESPONSIBILITIES [Ref. eff. 7/1/12]
A.  The teen parent must be in a verified eligible activity and need child care assistance for that same period.
B.  The teen parent must meet the eligibility guidelines set by the state and the county of residence.
C.  All teen parents shall sign the state prescribed client responsibilities agreement form, which outlines child care program participation requirements.
D.  Teen parents have the responsibility to report and verify changes to income, if the family’s income exceeds eighty-five percent (85%) of the State median income, in writing, within ten (10) calendar days of the change. If the teen parent is no longer in his/her qualifying eligible activity, this must be reported in writing within four (4) calendar weeks pursuant to Section 26-2-805(1)(e)(III), C.R.S.
E.  Teen parents must provide current immunization records for child(ren) who receive child care from qualified providers not related to the child(ren), where care is provided outside of the child’s home and the child(ren) are not school age. 

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[Instructions: replace line 2210896. 
3.905  ARRANGEMENT FOR CHILD CARE SERVICES [Rev. eff. 7/1/12] 

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[Instructions: insert and replace at line 2210953. 

[C.] 
7.  Any money paid or payable to providers shall be subject to execution, levy, attachment, garnishment or other legal process. 
8.  Expenditures Shall be Necessary and Reasonable 
Expenditures shall be necessary and reasonable for proper and efficient performance and administration. A cost is reasonable if, in its nature and amount, it meets all the following criteria: 
a.  Expenditures Shall be Compared to Market Prices for Reasonableness 
Expenditures shall be compared to the market prices for comparable goods or services as a test for reasonableness. 
b.  Expenditures Shall be Ordinary and Necessary 
Expenditures shall be of a type generally recognized as ordinary and necessary for the operation of the governmental unit or the performance of the federal award. 
c.  Expenditures Shall Meet Standards Such as Sound Business Practices and Arms-Length Bargaining 
Expenditures shall have restraints or requirements imposed by such factors as: sound business practices; arms-length bargaining; Federal, State and other laws and regulations; and, terms and conditions of the State and/or Federal award.  “Arms-length bargaining” means both parties to a contract have relatively equal powers of negotiation upon entering the contract. Neither party has a disproportionate amount of power to strong-arm the other party. Less-than-arms-length transactions are prohibited and these include, but are not limited to, those where; one party is able to control or substantially influence the actions of the other. 
d.  Expenditures Shall Be the Same as Would Be Incurred by a Prudent Person 
Expenditures shall not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. A prudent person is one who considers their responsibilities to the governmental unit, its employees, the public at large, and the federal government. 
3.906  PURCHASE OF SERVICES [Rev. eff. 7/1/12]

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[Instructions: replace lines 2210979 through 2210980. 
C.  Payment Methods for All Providers 
Payment for purchased child care shall be made to the provider(s) through an automated system if it is a qualified provider(s) or licensed facility. 
The child care form for attendance record and billing shall be prepared and signed by the provider monthly and used by the county department of social/human services' business office to verify that the billing does not exceed the authorized number of units. 

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[Instructions: replace line 2220473. 
3.907  ADULT CARETAKER RESPONSIBILITIES [Rev. eff. 7/1/12]

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[Instructions: replace line 2220477. 
C.  Adult caretakers must provide current immunization records for child(ren) who receive child care from qualified providers not related to the child(ren), where care is provided outside of the child’s home and the child(ren) are not school age. 

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[Instructions: replace line 2211021. 
3.911  CHILD CARE PROVIDER RESPONSIBILITIES [Rev. eff. 7/1/12]

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[Instructions: replace lines 2211026 through 2211028. 
E.  Licensed providers shall maintain proof of current immunizations for the children in their care in accordance with Section 7.702 et seq. (12 CCR 2509-8). This rule does not apply to the following: 
1.  Providers caring for children in the child's own home; or,
2.  Providers caring only for children related to the provider such as grandchildren, great-grandchildren, siblings, nieces, or nephews, etc.;

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[Instructions: replace line 2220486. 
3.913  COUNTY RESPONSIBILITIES [Rev. eff. 7/1/12]

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[Instructions: replace lines 2220515 through 2220524. 
T.  Counties shall monitor expenditures of Child Care funds and may suspend enrollments, as necessary, to prevent over-expenditures in child care. “Reimbursable expenditures” are supported in whole or in part by State General Fund, Federal (pass through) or a combination of State and Federal money. 
U.  Counties shall obtain immunization records for children who receive child care from qualified providers not related to the child(ren), where care is provided outside of the child’s home and the child(ren) are not school age. 
V.  The county shall document changes in child care eligibility on the state prescribed system (provider/case note screens). 
Data of any form shall be retained for the current year, plus three previous years, unless: 
1.  There is a written statutory requirements, rule or regulation available from a county, state or federal agency requiring a longer retention period; or, 
2.  There has been a claim, audit, negotiation, litigation or other action started before the expiration of the three-year period. 
W.  The adult caretaker or teen parent shall be mailed via postal service, emailed, faxed or hand-delivered notice of all actions made to the subsidy pursuant to Section 3.915.3.
X.  The provider(s) shall be mailed via postal service, emailed, faxed or hand-delivered notice of child care changes to existing subsidy pursuant to Section 3.915.3.
Y.  Counties shall pay providers monthly for services provided the previous month that could not be paid through the Point of Service (POS) records, based on county payroll policies. If payment is delayed for any reason, the county shall notify the provider(s) in a timely manner and document the circumstances on the State prescribed system (provider note screen).
Z.  In any cases where payments to licensed centers or homes are delayed more than three (3) calendar months past the end of the month care was provided, county-only money shall be used to pay for this care.
AA.  If the county opts to require Child Support Enforcement as outlined in Section 3.919, L, the county shall coordinate with the county Child Care Assistance Program or delegate agency and the delegate county Child Support Enforcement Unit. This includes, but is not limited to, the county:
1.  Must develop a referral process and notify the delegate Child Support Enforcement Unit within its county within fifteen calendar days of referring a family.
2.  Shall determine good cause procedures pursuant to Section 3.919, L, 1, b. Counties shall notify the delegate Child Support Enforcement Unit within its county within fifteen calendar days of making the good cause determination.

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