| Notice Filed with SOS |
10/31/2022 |
| Rule |
ProposedRuleAttach2022-00696.docx |
| Statutory Authority |
26-1-107(5)(b), C.R.S.; 26-1-109(1), C.R.S. |
| Description of Subjects/Issues |
The Office of Children Youth and Families (OCYF) requested the AG’s office reexamine the requirement that a foster parent be legally/lawfully present after reviewing information from the Children’s Bureau’s Child Welfare Policy, Colorado Revised Statutes Title 24, and the repeal of previous language in Colorado statute. On September 22, 2022 the Assistant Attorney General issued a Memorandum concluding that Colorado law prohibits the consideration of lawful presence when determining eligibility to receive state or local public benefits, unless a determination is required by federal law. Colorado law no longer requires those receiving state and local public benefits to be lawfully present and the federal government considers the payment made to a foster parent to be a benefit to the child and not the foster parent. The Department revising rule to align with federal and state laws. |
| Purpose/Objective of Rule |
The Office of Children Youth and Families (OCYF) coordinates Colorado's foster care system, in which foster parents provide a safe, temporary home for children and youth whose parents or caregivers are unable to care for them. The rules for child care facilities currently require applicants for licenses for child care facilities to provide proof of lawful presence in the United States with the application. OCYF
requested the Attorney General’s Office reexamine the requirement that a foster parent be legally/lawfully present after reviewing information from the Children’s Bureau’s Child Welfare Policy, Colorado Revised Statutes Title 24, and the repeal of previous language in Colorado statute. On September 22, 2022 the Assistant Attorney General issued a Memorandum concluding that Colorado law prohibits the consideration of lawful presence when determining eligibility to receive state or local public benefits, unless a determination is required by federal law. Colorado law no longer requires those receiving state and local public benefits to be lawfully present and the federal government considers the payment made to a foster parent to be a benefit to the child and not the foster parent. The Department is revising the rule to align with federal and state laws. |
| Basis And Purpose |
BasisAndPurposeAttachment2022-00696.pdf
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2022-00696.pdf
|
| 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? |
Yes
|
| Recent legislation bill number |
SB 21-077 and SB 21-199
|
| Hearing Date |
12/09/2022 |
| Hearing Time |
08:30 AM |
| Hearing Location |
1575 Sherman Street, Denver, CO 80203 |
| Contact Name |
Cheryl Estrick |
| Contact Title |
Adoption Provider Administrator |
| Contact Telephone |
303.801.8681 |
| Contact email |
cheryl.estrick@state.co.us |