Tracking #2006-xxxxx

#06-6-16-1
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7.500.324  Dual Licenses and Certificates [Rev. eff. 8/7/06]
A.  A home may be licensed and certified to provide both day care and family foster care simultaneously. This is known as a dual care provider.  Dual care providers utilized by county departments of human/social services are certified by the county for foster care and licensed by the State for day care.
1.  If a certified family foster home wishes to accept children for day care on a regular basis, the home shall apply for a license for day care from the Colorado Department of Human Services and pay the prescribed fee.
2.  If the certified family foster home wishes to provide day care, the certifying agency must approve.
a.  The county department shall complete a justification statement as to how the needs of all children will be met and protected in this home if certified for foster care and licensed for day care, which shall be filed in the case record.
b.  The county department shall document in the case record the specific number of children for combined use of the home, specific number of children as a day care home, and a specific number of children in family foster care.
3.  A home that is licensed for day care may only be certified for foster care for one child or for a group of siblings.
4.  A county that has a foster home that is certified for foster care and also licensed for day care must notify the Division of Child Care when any of the following situations occur in the foster home: 
a.  A complaint is received; or,
b.  A child abuse investigation occurs; or,
c.  A State II investigation occurs; or,
d.  A foster child(ren) is removed from the home because of abuse allegations; or,
e.  The foster home certificate is changes to probationary; or,
f.  The foster home certificate is revoked or closed.  
5.  A county that has a foster home that is certified for foster care also licensed for day care must submit the following reports to the CDHS Division of Child Care:
a.  All complaint investigation reports; and,
b.  All child abuse investigation reports; and,
c.  All Stage II investigation reports.

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7.701.1  INTRODUCTION [Rev. eff. 8/7/06]
All rules in Section 7.701, et seq., shall be known and hereinafter referred to as the General Rules for Child Care Facilities and will apply to all child care applicants and licensees subject to the Child Care Licensing Act, Sections 26-6-101 to 26-6-119, C.R.S.
7.701.11  Licensing Exemptions [Rev. eff. 8/7/06]
A.  A license must be obtained before care begins unless such care is exempt as set forth below.
B.  A license is not required for:
1.  A special school or class in which more than 75 percent of the time that children are present is spent in religious instruction. Religious instruction is defined to include such developmentally appropriate children's activities as worship, singing religious songs, listening to religious stories, learning and practicing religious cultural activities, and participating in religious celebrations.
2.  A special school or class operated for a single skill-building purpose. 
3.  A child care center operated in connection with a church, shopping center, or business where children are cared for during short periods of time, not to exceed three hours in any twenty-four hour period of time, while parents or persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services at such location, shopping, patronizing or working on the premises of the business. This facility must be operated on the premises of the church, business, or shopping center. Only children of parents or guardians who are attending a church activity or patronizing the business or shopping center or working at the church, shopping center or business can be cared for in the center.
4.  Occasional care of children with or without compensation, which means the offering of child care infrequently and irregularly that has no apparent pattern.
5.  A family care home in which less than 24-hour care is given for only one child or two or more children who are siblings from the same family household at any one time.
6.  A child care facility that is approved, certified, or licensed by any other state department or agency, or by a federal government department or agency, which has standards for operation of the facility and inspects or monitors the facility.
7.  The medical care of children in nursing homes.
8.  Ski area guest child care facilities as defined at Sections 26-6-102(5) and 26-6-103.5, C.R.S.
C.  Any child care providers wishing to be declared exempt from the Child Care Licensing Act based on the nature of their program must submit a request for exemption to the State Department. That request must include the name and address of the facility, the number of children in care and their approximate ages, the hours of operation, and a basic description of the program and its curriculum.
D.  Decisions of the State Department regarding exemptions are the final agency decision of the Department and cannot be reviewed by an Administrative Law Judge.
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[Note: 7.701.33-7.701.39 (new 7.701.365) incorporated with #06-7-20-1.]
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7.710.1  DEFINITIONS  [Rev. eff. 8/7/06]
A.  A “child placement agency (CPA)”  means any corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, facilitates placement for a fee, or arranges for placement for care, any child under the age of 18 years with any family, person, or institution for the purpose of adoption, treatment, or foster care. The natural parents or guardian of any child who places said child for care with any facility licensed as a “family care home” or “child care center,” as defined by this section, shall not be deemed to be a CPA.
1.  Any agency from out of state placing a child within Colorado must be licensed as a CPA by the Colorado Department of Human Services (the Department) unless the placement services are coordinated with and provided by a county department of social services or a CPA licensed by the State of Colorado.
2.  A CPA may not be operated without a license, as required by law, which license is to be issued by the department in conformity with all rules and regulations contained within Section 7.710.
B.  “To arrange for placement”  means to act as an intermediary by assisting a parent or guardian or legal custodian to place or plan to place a child with other than persons related to the child for the purpose of foster care or for the purpose of adoption.
C.  A “multi-service agency”  is an organization that provides additional community services and programs other than foster care and adoption.
D.  A “program director in a multi-services agency”  is the person responsible for overseeing the foster care and/or adoption program of the organization.
E.  “Relative” , except as used in the definition of foster care home, means any of the following relationships by blood, marriage, or adoption: parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.
F.  “Social and behavioral sciences”  includes sociology, psychology, social work, criminal justice, human services, human development, and counseling.
G.  “Certification” means the process by which the county department of social/human services or a child placement agency approves the operation of a foster care home.
H.  “Foster care home” means a facility that is certified by the county department or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen years who is not related to the head of such home, except in the case of relative care.
I.  “Cradle care home” means a facility that is certified by a child placement agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve months of age or younger, in a place of residence for the purpose of providing twenty-four-hour family care for six months or less or children pursuant to Article 5 of Title 19, C.R.S., or while a county department prepares an expedited permanency plan for an infant in its custody.  
J.  “Licensing” means the process by which the Colorado Department of Human Services approves a facility or agency for the purpose of conducting business as a child care facility or child placement agency.
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7.710.33  Application and Inspection for Certification of Foster Care Homes [Rev. eff. 8/7/06]
A.  Any application accepted by the CPA from an individual(s) or couple who wishes to be certified to operate a foster care home shall be on the Department approved form and shall include:
1.  The names and addresses of child placement agencies and county departments of social services that had previously certified the applicant. Information as to whether the applicant has been licensed or certified for child care in the past or is licensed or certified for child care at the time of the application, what agency issued the certificate or license, and the type of child care the license or certificate authorizes.
2.  Information about an applicant or individual living in the proposed foster care home who has been convicted of a felony or charged or convicted of child abuse or an unlawful sexual offense.
3. Information about whether the applicant is currently licensed by the State Department to provide day care. 
4.  Include a statement on the application for certification as a foster care home that states:
“Any applicant who knowingly or willfully makes a false statement of any material fact or thing in this application is guilty of perjury in the second degree as defined in Section 18-8-503, C.R.S., and, upon conviction thereof, shall be punished accordingly.” 
B.  No application shall be accepted from an individual who is currently certified by another county or CPA to operate a foster care home until that individual has terminated the certification by the other county or CPA.
C.  No board member, director or staff member of a CPA shall contact or recruit foster homes currently certified by another county department or CPA.
D.  A CPA must take an application from an applicant(s) before the CPA has authority to complete the family assessment, background checks, and training.
E.  An applicant may apply to become a dual care provider to operate a family child care home as well as a foster care home. The foster home will be certified by the CPA and the day care home will be licensed by the Colorado Department of Human Services. Both sets of standards shall be met. The CPA will monitor the foster care standards and the State Department will monitor the day care standards. The CPA shall counsel the family if it believes such a situation is not in the best interest of any foster child who may be placed in the home. The CPA must approve the home to be licensed for day care when the home is certified for foster care.
F.  A home that is licensed for day care may only be certified for foster care for one child or for a group of siblings. 
G.  A CPA that has a foster/adoptive home that is certified for foster care and also licensed for day care must notify the Division of Child Care when any of the following situations occur in the foster/adoptive home:
1.  A complaint is received; or,
2.  A child abuse investigation occurs; or,
3.  A stage II investigation occurs; or,
4.  A foster/adoptive child is placed in the home; or,
5.  A foster/adoptive child(ren) is removed from the home because of abuse allegations; or,
6.  The foster home certificate is changed to probationary; or,
7.  The foster home certificate is revoked or closed.
H.  A CPA that has a foster/adoptive home that is certified for foster care and also licensed for day care must submit the following reports to the Division of Child Care:
1.  All complaint investigation reports; and,
2.  All child abuse investigation reports; and,
3.  All Stage II investigation reports.
I.  A CPA shall conduct a reference check of each applicant by contacting all of the previous certifying authorities listed on the application before issuing the certification for that foster care home. The CPA shall sign an affidavit that, after reviewing all previous certifying information, certification is appropriate.
J.  After the foster care application is received, each applicant listed on the application must complete a minimum of twenty-seven (27) hours of initial training consisting of at least 12 hours of core training prior to the certificate being issued and completion of the remaining training within three months after the placement of a child. The training shall be provided through the statewide core curriculum training, by the CPA, or by a county department. The core training shall include 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
If the twenty-seven hours of initial training is not completed prior to the certificate being issued, the remaining training must be completed as identified in each foster parent(s)’ training development plan as required at 7.708.65, B. This rule does not apply to foster homes certified for adoption placements; it only applies to initial applicants for family foster home certification on or after June 1, 2001, which is the effective date of implementing legislation.
K.  After the application to become a cradle care provider is received, each applicant listed on the application must complete a minimum of twenty (20) hours of initial training prior to the certificate being issued.  The training shall include the following primary topic areas: 
1.  Attachment/bonding issues;
2.  Loss and grief issues, as applicable for all parties to the adoption;
3.  Adoption as a life long issue as it pertains to all parties to the adoption;
4.  Key concepts of child growth and development;
5.  Limit setting and safety;
6.  Caring for a child of a different cultural or racial background, if applicable;
7.  Understanding adoption laws and procedures, including termination of parental rights and the expedited relinquishment process pursuant to Section 19-5-103.5, C.R.S., if applicable;
8.  Possible current an/or future use of community resources, including help with parenting techniques;
9.  Infant care to include, but not be limited to, basic care and feeding of the infant and Shaken Baby Syndrome;
10.  Fetal alcohol/Substance Abuse Syndrome, if applicable;
11.  General overview of the adoption process;
12.  Why children get placed for adoption;
13.  The importance of the team approach;
14.  Effects of fostering on the cradle care family;
15.  Potential communication with biological family and/or adoptive family.
The cradle care provider must also hold a current infant/toddler CPR and first aid card and complete four (4) hours of on-going training a year on topics related to adoption.
L.  After the application is received and prior to the certificate being issued, a family assessment using the Structured Analysis Family Evaluation (SAFE) instrument(s) to determine the character and suitability of the applicant(s), appropriateness of the home, and child care practices must be completed.
1.  An assessment of character and suitability must include at least a review of the State Department's automated system as to applicants and persons who reside in the home of the applicants with written consent of the individuals. Statements from references and physician must be obtained. A review of all existing child placement agency and county department case records including the automated system must be completed. An investigation of any concerns raised from the application and/or the aforementioned sources of information and a personal assessment of the applicant must be conducted.
2.  The agency will require any applicant or any person 18 years of age or older who resides with the applicant in the foster care home to submit a complete set of fingerprints taken by a qualified law enforcement agency. The fingerprints and appropriate processing fee must be submitted to the Colorado Bureau of Investigation (CBI) to obtain any record of arrest or conviction which is held by the CBI.
a.  The agency must send an applicant card (FD 258) to the individual required to provide fingerprints. The fingerprints must be taken by a police or sheriff's department. The individual must send the card to the CBI with a certified check or money order for the amount of the current processing fee. The CBI report must be sent to the child placement agency certifying the foster home.
b.  A certificate cannot be issued to a foster care home until the fingerprints and current processing fee are submitted to the CBI and a clearance or hit/match is received from the CBI. If a hit/match with a criminal history arrest is received, the formal court disposition must be received and reviewed before a decision is made to issue a certificate.
3.  A family assessment using the Structured Analysis Family Evaluation (SAFE) instrument(s) to determine the character and suitability of the applicant(s), appropriateness of the home, and child care practices must be completed. The assessment shall include, but not be limited to, the following:
a.  Social History/Background (Adults and Children)
Separate and joint interviews with the applicant(s), all adults residing in the home both related and non-related to the applicant, and all children residing in the home regarding at least significant events in family background, evaluation of applicants’ knowledge and capacity to care for children, and ability to maintain long term relationships and life changes including issues of grief and loss. Interviews with children must be age appropriate.
b.  Current Status of the Family (Family System/Lifestyle)
Marital relationship, interrelationships with significant persons outside the nuclear family, lifestyle changes, methods of decision making, parenting/child rearing, methods of discipline, religion, finances, extended family, child care plan in the event of emergency and/or when parents work away from the home; assessment of any children in the home; an assessment of the family’s interest and ability to meet the special needs of a child, including financial responsibility; assessment of ability to accept legal risk placement; and, assessment of family’s strengths, including individual/family strengths and self-esteem.
For kinship care, ability to meet the individualized needs of the specialized child(ren) and assessment of the relationship with birth parents and extended family; members as they impact capacity of the applicants to care for the child(ren).
c.  Motivation for a Child
Include a discussion of the child to be placed, attitudes toward foster care/adoption by applicants, other adults residing in the home, children and others such as extended family and discussion of fertility, if relevant. Assess the physical, mental, and emotional capability of the applicant(s) to parent a child(ren) and the ability to reevaluate and readjust expectations.
d.  Transracial and Transcultural Assessment
Applicants fostering/adopting a child of a different ethnic and cultural background shall preserve continuity of the child’s ethnic and cultural identity in a positive manner. Factors shall include, but are not limited to, consideration of the child's family, community, neighborhood, faith or religious beliefs, school activities, friends, and child's and family's primary language. Documentation of this requirement shall be in the case file.
e.  Child Safety and Well-Being
Address each of the following factors that contribute to or contraindicate potential for abuse:
1)  Personal history of abuse and beliefs regarding physical punishment.
2)  Knowledge of child development and expectations of children.
3)  Coping skills in dealing with anger, frustration, and provocation from children.
4)  Ability to maintain control when angry.
5)  Capacity for compassion and empathy.
6)  Ability to separate own needs and perceptions from those of others.
7)  Availability of support systems.
8)  In kinship care, ability to set boundaries with birth parents to maintain safety for the child(ren) in care.
f.  Children with Special Needs and/or Disabilities
The applicant’s interest, preparation, and willingness to care for a child(ren) with disabilities such as emotional, mental and physical, and the ability to meet the special needs of the child(ren). The home study must include an assessment as to how the child(ren)’s special needs will impact the family and extended family.
g.  Relationship with the County Department
Discuss the applicant’s ability to work with the child welfare system, court, birth parents, and others in the child’s life, including willingness to obtain help from professionals involved.
h.  Other Requirements
1)  Documentation of any previous emotional problems, mental illnesses, substance abuse issues, or marital/relationship problems that may have an impact on the case of a child(ren). Include any factors which would impact the safety and well-being of any child(ren) in the home.
2)  The application and medical records must be reviewed; and any issues that are identified be discussed with the applicants. No physical examination shall be required of any person who in good faith relies upon spiritual means or prayer in the free exercise of religion to prevent or cure a disease unless there is a reason to believe such person’s physical condition is such that he/she would be unable to care for a child, or such person has a communicable illness.
3)  The agency shall not perform a family home assessment on its own staff member, board member, or family member of a staff member or board member.
4)  A current photograph of the family shall be requested and maintained in the file.
5)  In kinship care, the ability to provide a permanent home through adoption, guardianship or permanent custody.
i.  The agency shall not deny to any person the opportunity to become a foster/adoptive parent on the basis of race, color or national origin of the person or of the child involved.
j.  As part of the assessment, the agency must:
1)  Conduct a minimum of one joint interview with a couple, one individual interview with each adult member of the household and an age/developmentally appropriate interview with all children residing in the home. For single applicants, a minimum of two interviews will be required.
2)  Conduct at least one interview in the applicant's home.
3)  Spread out Interviews over a period of not less than seven (7) consecutive days.
4)  Update the assessment annually in the form of an addendum. An addendum shall include at least one home visit and a review of the current medical status. During each subsequent addendum, applicants shall be questioned regarding any child abuse investigations during the previous year.
4.  Following the completion of the assessment, a narrative report must be completed that summarizes and evaluates the information obtained and lists the characteristics of child(ren) the home is approved for. Age, sex, race, legal risk, and special needs (such as medical, physical, behavioral, emotional) and any limitations or restrictions on placement of a child(ren).
5.  If there are additions of new adults to the household, additions of new children to the household, and/or changes in the age, sex, and special characteristics of child(ren) which will be considered for placement with the foster family, a re-evaluation of the family must be completed and the family assessment revised.
6.  An on site home inspection is required to determine its compliance with the Rules Regulating Foster Care Homes and, if the applicant is applying to be dual certified, with the rules regulating Family Child Care Homes. Written documentation of the home inspection shall be in the foster care home file at the child placement agency. Approval of local zoning, health or fire departments must be documented in writing when the situation warrants.
M.  An annual on-site, unannounced, home inspection must be made to the foster care home to determine compliance with the Rules Regulating Family Foster Care Homes and, if the foster care home is dual certified, with the rules regulating Family Child Care Homes. A written report of the supervisory visit must be given to the foster parent and a copy maintained at the child placement agency. A written notice of noncompliance with the regulations will be left with the foster parents or sent to the foster parents within 15 calendar days of the supervisory visit if there is noncompliance. Compliance must be achieved within the time frames indicated on the written compliance notice.