Tracking #2007-00577
FA/P 7/13/07, eff. 9/1/07

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[I:/07041701.doc]

(12 CCR 2509-1)

[Note:  Statement of Basis and Purpose has been incorporated with Tracking #2007-00576 (Rule-Making#07-3-30-1)]

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(12 CCR 2509-6)

[Instructions:  Replace lines 1201169 through 1201233.] 
7.500.2  ASSESSMENT OF FOSTER HOME AND ADOPTIVE HOME  [Rev. eff. 9/1/07]
A.  Content of the Assessment
A family assessment, using the Structured Analysis Family Evaluation (SAFE) instrument, including Questionnaires One (1) and Two (2) and completion of the psychosocial inventory, to determine the character and suitability of the applicant(s), appropriateness of the home, and child care practices, must be completed by a staff member that has completed the two (2) day SAFE assessment training, and must be reviewed by a supervisor that has completed the two day SAFE assessment training and the one day supervisor training. The assessment shall include, but not be limited to, the following: 
1.  Background of the Family
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 (see Section 7.500.2, C, 4) regarding: 
a.  Social history/background (adults and children), including childhood family adaptability, childhood family cohesion, childhood history of deprivation/trauma, childhood history of victimization, history of child abuse/neglect, history of alcohol/drug use, history of crime/allegations/violence, psychiatric history, occupational history, and marriage/domestic partner history.  
b.  Personal characteristics of the family, including communication, commitment and responsibility, problem solving, interpersonal relations, health and physical stamina to include information about nutritious meals and snacks, self-esteem, acceptance of differences, coping skills, impulse control, mood, anger management and resolution, judgment, and adaptability. 
c.  Marital and domestic partner relationship, including conflict resolution, emotional support, attitude toward spouse or partner, communication between couple, balance of power, stability of the marriage or partnership and sexual compatibility.
d.  Motivation for child placement, including 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) through adoption and their ability to reevaluate and readjust expectations.
e.  Children with special needs, including 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. 
f.  Extended family relationships, including extended family adaptability, extended family cohesion, relationship with own extended family, and relationship with spouse’s or partner’s family.
g.  Physical and social environment, including cleanliness; orderliness and maintenance; safety; furnishings; play area, equipment and clothing; finances; support system; and, household pets. 
h.  General parenting, including child development, parenting style, disciplinary methods, child supervision, learning experiences, parental role, child interactions, communication with child, basic care, and child’s play. 
i.  Specialized parenting, including expectations, effects of abuse or neglect, effects of sexual abuse, effects of separation and loss, structure, therapeutic and educational resources, birth sibling relationships, child background information, and birth parent issues. 
j.  Adoption issues, including infertility, telling child about adoption, openness in adoption, and adoptive parent status. 
2.  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.
3.  Post-Adoptive Services
The applicant’s ability to assist with possible post-adoptive issues of the child, including, but not limited to:
a.  Questions about the birth family.
b.  Locating and obtaining non-identifying information about the birth family.
c.  Search and possible reunification of the adopted child with the birth family.
d.  Willingness to assist adopted child with counseling, if needed, related to adoption issues.
4.  Kinship Foster Care
The applicant’s ability to provide a permanent home through adoption, guardianship or permanent custody. The ability to meet the individualized needs of the specified 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). The ability to set boundaries with birth parents to maintain safety for the child(ren) in care.  
When completing the assessment, Section 7.708, “Rules Regulating Family Foster Care Homes” shall also apply.
B.  State Department's Automated System, Colorado Bureau of Investigation (CBI), and Federal Bureau of Investigation (FBI)
1.  Prior to full certification of a family foster home, there shall be a review and documentation in the provider record of:
a.  Findings from the State Department's automated system, regarding applicants and persons who reside in the home of the applicant;
b.  Written statements from references;
c.  Health information;
d.  The review of existing agency case records, including the automated system, for prior foster home certifications or denials; and,
e.  Investigations of any concerns raised from the application and/or aforementioned sources of information.
f.  The results of the face-to-face interview on all members of the household.
g.  A fingerprint-based criminal history record check with the CBI.
h.  A comparison search on the ICON State's contracted system, using the name and date of birth, with available criminal history information.  The purpose is to determine any crime(s) for which an applicant was arrested or convicted and the disposition.  This search must be completed regardless of whether the CBI fingerprint history confirms or does not confirm a criminal history.
Section 7.708 outlines specific additional requirements for family foster homes.
2.  Prior to the placement of any child or prior to provisional certification of a “child specific” or kinship care home, the county department shall obtain fingerprints and complete a criminal record check on the applicant(s) and any other person 18 years of age or older living in the household from the Colorado Bureau of Investigation (CBI).
3.  Fingerprint-Based Criminal History Background Checks
a.  FBI checks for foster parents: 
Federal Bureau of Investigation (FBI) checks shall be initiated for any applicant(s) if the applicant(s) has resided in Colorado for less than 24 months, except for emergency placement as described in Section 7.304.21, D, 2, f. The Federal Bureau of Investigation reports shall be sent directly to the county department submitting the request for information.
b.  FBI checks for prospective adoptive parents: 
Federal Bureau of Investigation (FBI) checks shall be initiated for all prospective adoptive parents.  The Federal Bureau of Investigation reports shall be sent directly to the county department submitting the request for information
c.  FBI checks for other members of the household: 
Federal Bureau of Investigation (FBI) checks shall also be initiated for any other person 18 years of age or older living in the household, if that person has resided in Colorado less than 24 months. The Federal Bureau of Investigation reports shall be sent directly to the county department submitting the request for information.
4.  All CBI and FBI fingerprint-based criminal record reports, including court dispositions if applicable, shall remain confidential in the county department records, except as provided in Section 7.500.2, C, 3.
C.  Other Requirements
1.  Assessment of the applicant(s)’ ability to foster or adopt a child of a different ethnic and cultural background, preserving continuity of the child's ethnic and cultural identity in a positive manner. Factors should 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 the assessment of this requirement shall be in the case file. 
2.  The application for adoption or foster care shall be denied for reasons listed in Section 7.500.312, D, and may be denied for reasons listed in Section 7.500.312, E. If the applicant has ever been rejected as a prospective adoptive or foster parent or has been the subject of an unfavorable finding, the home study must address the reasons for the unfavorable finding and any resolution of disagreements concerning the finding.
3.  For the purposes of conducting an adoptive home study, the county department, qualified individual, and child placement agencies shall be required to report to the court the results of a fingerprint-based criminal history records check when it reveals that the prospective adoptive parent was convicted of a felony or misdemeanor of:
a.  Child abuse or neglect;
b.  Spousal abuse;
c.  Any crime against a child;
d.  Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as specified in Section 18-6-800.3, C.R.S.;
e.  Violation of a protective order, as described in Section 18-6-803.5, C.R.S.;
f.  Any crime involving violence, rape, sexual assault, or homicide;
g.  Any felony drug-related conviction within, at a minimum, the past five (5) years.
No person convicted of a felony offense as specified in items a-g, above, shall be allowed to adopt a child.
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[Instructions:  Replace lines 1012074 through 1012091.] 
7.500.315  Recertification Action  [Rev. eff. 9/1/07]
A.  Within 90 calendar days of the receipt of a timely renewal application for a certificate, the county department must complete the following action to determine if continued certification is appropriate:
1.  Review the physician's plan.
2.  Conduct a supervisory visit in accordance with Section 7.500.313, A, 2.
3.  Complete a CWS-7A form.
4.  Evaluate the foster care homes’ current and past compliance with the rules regulating foster homes.
5.  Review the following information, for the applicant(s) and all individuals residing in the home:
a.  Any child abuse allegations or investigations in the previous year;
b.  Any arrest or conviction records in the previous year;
c.  Any other involvement with the foster family by the county department.
6.  The SAFE family assessment narrative is amended with changes that have occurred with the foster family. Questionnaires One (1) and Two (2), and the psychosocial inventory, must be completed on the first renewal if a full SAFE assessment has not been completed on the foster family.
7.  A one year time-limited certificate shall be issued. The certificate issue date will be the date that the foster home is in compliance with the Rules Regulating Family Foster Care Homes;  or,
8.  A probationary certificate shall be issued with the specific reasons listed on the certificate and on the CWS-7A;  or,
9.  The renewal application for the certificate is denied. The process for denial of a renewal application is the same as the process for denial of an original application.
B.  A family foster home certificate is no longer valid whenever one of the following situations exists:
1.  A certified foster family moves to a new address.
2.  A foster family decides to withdraw from the foster home program and confirms same in writing.
3.  A certificate has been revoked or the renewal application has been denied.
C.  For certified kinship care, the Kinship Care Agreement and the home study shall be updated at least annually.

(12 CCR 2509-8)

[Instructions:  Replace line 1132636.] 
7.710.3  CERTIFICATION OF FOSTER CARE HOMES

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[Instructions:  Replace line 1191321.] 
7.710.33  Application and Inspection for Certification of Foster Care Homes  [Rev. eff. 9/1/07]

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[Instructions:  Replace lines 1191375 through 1191419.] 
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), including Questionnaires One (1) and Two (2) and the psychosocial inventory, to determine the character and suitability of the applicant(s), appropriateness of the home, and child care practices must be completed by a staff member and reviewed by a supervisor both which have completed the two day SAFE assessment training. 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. The assessment shall include, but not be limited to, the following: 
a.  Social history/background (adults and children), including childhood family adaptability; childhood family cohesion; childhood history of deprivation and trauma; childhood history of victimization; history of child abuse or neglect; history of alcohol and drug use; history of crimes, allegations and violence; psychiatric history, occupational history, and marriage or domestic partner history.  
b.  Personal characteristics of the family, including communication, commitment and responsibility, problem solving, interpersonal relations, health and physical stamina to include information about nutritious meals and snacks, self-esteem, acceptance of differences, coping skills, impulse control, mood, anger management and resolution, judgment, and adaptability. 
c.  Marital/domestic partner relationship, including conflict resolution, emotional support, attitude toward spouse or partner, communication between couple, balance of power, stability of the marriage or partnership and sexual compatibility.
d.  Motivation for a child, including 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. 
e.  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. 
f.  Extended family relationships, including extended family adaptability, extended family cohesion, relationship with own extended family, and relationship with spouse’s or partner’s family.
g.  Physical and social environment, including cleanliness, orderliness and maintenance, safety; furnishings; play area, equipment, and clothing; finances; support system; and, household pets. 
h.  General parenting Including child development, parenting style, disciplinary methods, child supervision, learning experiences, parental role, and child interactions. 
i.  Specialized parenting , including expectations, effects of abuse or neglect, effects of sexual abuse, effects of separation and loss, structure, therapeutic and educational resources, birth sibling relationships, child background information, and birth parent issues. 
j.  For adoption only, issues Including infertility, telling child about adoption, openness in adoption, and adoptive parent status.
4.  Other Requirements
a.  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.
b.  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.
c.  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.
d.  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.
e.  A current photograph of the family shall be requested and maintained in the file.
f.  In kinship care, the ability to provide a permanent home through adoption, guardianship or permanent custody, including the ability to meet the individualized needs of the specified child(ren), assessment of the relationship with birth parents and extended family members as they impact capacity of the applicants to care for the child(ren), and The ability to set boundaries with birth parents to maintain safety for the child(ren) in care. 
g.  Assessment of the applicant's ability to foster or adopt a child of a different ethnic and cultural background, preserving continuity of the child's ethnic and cultural identity in a positive manner. Factors should 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 the assessment of this requirement shall be in the case file.
5.  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.
6.  As part of the assessment, the agency must: 
a.  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.
b.  Conduct at least one interview in the applicant's home.
c.  Spread out Interviews over a period of not less than seven (7) consecutive days.
d.  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.
7.  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).
8.  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.
9.  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.

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[Instructions:  Replace lines 1132756 through 1132765.] 
7.710.36  Recertification Action  [Rev. eff. 9/1/07]
A.  Within 90 calendar days of the receipt of a timely renewal application for a certificate, the child placement agency must complete the following actions:
1.  Evaluate the foster care homes' current and past compliance with the Rules Regulating Family Foster Care Homes.
2.  Conduct an unannounced inspection of the foster care home in accordance with Section 7.710.33, G.
3.  Review the following information, for the applicants) and all individuals residing in the home, to determine if continued certification is appropriate:
a.  Any child abuse allegations or investigations in the previous year;
b.  Any arrest or conviction records in the previous year;
c.  Any information from the local county department concerning county involvement with the foster family, including information from caseworkers;
d.  Current health status.
4.  Complete the SAFE family assessment narrative update/renewal template with changes that have occurred with the foster family. Questionnaires One (1) and Two (2), and the psychosocial inventory, must be completed on the first renewal if a full SAFE assessment has not been completed on the foster family. 

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