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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2022-00350


CCR details

Tracking Number 2022-00350
Type of Filing Permanent Rule
Department 500,1008,2500 Department of Human Services
Agency 2509 Social Services Rules (Volume 7; Child Welfare, Child Care Facilities)
CCR Number 12 CCR 2509-8
CCR Title CHILD CARE FACILITY LICENSING

Proposed rule

Notice Filed with SOS 06/30/2022
Rule ProposedRuleAttach2022-00350.docx
Statutory Authority 26-6-106(1)(a), C.R.S.;26-6-106(1)(a), C.R.S.
Description of Subjects/Issues This emergency rule packet is being submitted to allow child placement agencies and the County Departments of Human Services to increase the capacities for children/youth being served by the Children’s Habilitation Residential Program Waiver (CHRP), in both certified foster homes and licensed specialized group facilities. There is an increasing number of children and youth receiving services through the CHRP waiver who are being cared for in higher levels of care, for which they do not meet criteria, as there are not enough spaces in foster homes or specialized group facilities to allow these children/youth to step down into their assessed lower level of care. The Colorado Department of Health Care Policy and Financing has requested a change to the regulations to allow additional care opportunities for the children and youth who are currently not placed into their proper level of care to move into appropriate levels of care. Having a child or youth in a higher level of care than required violates the child’s or youth’s right to be in the lowest level of care necessary. A change in the capacity rules in foster homes and specialized group facilities would allow those children/youth to move into their assessed lower levels of care.Please check here for any updates on location/connection: https://cdhs.colorado.gov/sbhs
Purpose/Objective of Rule This rule is being submitted to allow child placement agencies and the County Departments of Human Services to increase the capacities for children/youth being served by the Children’s Habilitation Residential Program Waiver (CHRP), in both certified foster homes and licensed specialized group facilities. There is an increasing number of children and youth receiving services through the CHRP waiver who are being cared for in higher levels of care, for which they do not meet criteria, as there are not enough spaces in foster homes or specialized group facilities to allow these children/youth to step down into their assessed lower level of care. The Colorado Department of Health Care Policy and Financing has requested a change to the regulations to allow additional care opportunities for the children and youth who are currently not placed into their proper level of care to move into appropriate levels of care. Having a child or youth in a higher level of care than required violates the child’s or youth’s right to be in the lowest level of care necessary. A change in the capacity rules in foster homes and specialized group facilities would allow those children/youth to move into their assessed lower levels of care.
Basis And Purpose BasisAndPurposeAttachment2022-00350.docx
Regulatory analysis RegulatoryAnalysisAttachment2022-00350.docx
Comments CDHS holds two public hearings, an initial and final, for each proposed rule packet. The initial hearing allows the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Please check here for any updates on location/connection: https://cdhs.colorado.gov/sbhs
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 08/05/2022
Hearing Time 08:30 AM
Hearing Location 1575 Sherman Stree, Denver, CO 80203
Contact Name Cheryl Estrick
Contact Title Provider Adoption Administrator
Contact Telephone 303.801.8681
Contact email cheryl.estrick@state.co.us

Adopted rule

Adopted Rules AdoptedRules12022-00350.docx
Redline Redline2022-00350.docx
Adopted Date 08/05/2022
AGO requested date 08/10/2022
Attorney General Opinion 08/22/2022
Colorado Register publication date 09/10/2022
Effective Date 09/30/2022
Inserted into CCR 09/16/2022
  
  
  
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