Tracking #2007-0xxxx
Emergency 12/7/07, eff. 12/7/07
(formerly #2007-01270)
and Final #2007-01176

I:/07082001.rtf
[I:/07082001.doc]

[Instructions/Note: statement of basis and purpose has been incorporated with 07081702.rtf (#07-8-17-2).]

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(12 CCR 2509-6)

[Instructions: replace lines 1403415 through 1391918.]
7.500.2  ASSESSMENT OF FOSTER HOME AND ADOPTIVE HOME [Rev. eff. 12/7/07]
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), all children residing in the home, and any individual that is considering a second parent adoption of the child(ren) (see Section 7.500.2, C, 4) regarding: 

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[Instructions: replace line 1403416.]
B.  State Department(s)' Automated System(s), Colorado Bureau of Investigation (CBI), Federal Bureau of Investigation (FBI), and ICON 

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[Instructions: replace lines 1403438 through 1201235.]
f.  Any felony drug-related conviction within, at a minimum, the past five (5) years.
No person convicted of a felony offense shall be allowed to adopt a child, except a person may be allowed to adopt a child if: 
1)  The applicant has had no further arrests or convictions subsequent to the original conviction; 
2)  The applicant has not been convicted of a pattern of misdemeanors, as defined by rule of the State Board of Human Services at Section 7.500.312, D, 4, a-c; and, 
3)  The court enters a finding consistent with Section 19-5-210(2)(d), C.R.S., that the adoption is in the best interest of the child. 
4.  As part of the assessment, the agency must:
a.  Conduct a minimum of one joint face-to-face interview with a couple, one individual face-to-face interview with each adult member of the household, and, if applicable, one individual face-to-face interview with any person considering a second parent adoption of the child(ren), and an age/developmental appropriate face-to-face interview with all children residing in the home. For single applicants, a minimum of two interviews will be required.

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[Instructions: replace line 1188471.]
7.500.351  Applications and Adoption Services [Rev. eff. 12/7/07]

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[Instructions: insert after line (B, 4) 1188479.]
5.  The county department of human/social services shall require the individual applying to adopt a child(ren) to notify the Department when the SAFE home study will be used in the next six months for a second parent adoption. 

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[Instructions: insert after line (D, 2, e) 1012169.]
f.  A designated qualified individual may conduct a SAFE home study for an individual that is planning a second parent adoption. An individual that is not an employee of a county department of human /social services or a licensed child placement agency, who is involved with the adoption of a child from a county department, must be approved and listed on the State Department's vendor list. 

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(12 CCR 2509-8)

[Instructions: replace lines 1132891 through 1132907.]
7.710.52  Definitions [Rev. eff. 12/7/07]
“Agency Adoption” means an adoptive placement in which the CPA is responsible to counsel the birth parent(s), place the child(ren), supervise the placement, and provide reports to the court as required by law. The CPA is granted guardianship of the child(ren) with the right to place for adoption through relinquishment or termination of parental rights by court order and places the child(ren) for adoption with adoptive parent(s) who have a CPA approved adoptive family assessment.
An “Adoption Caseworker” must be qualified as a placement worker and may complete family assessments, place a child with a family, provide post placement supervision and training for adoptive parents, all under the direct supervision of a placement supervisor.
“Birth Parent Counseling” (here-in-after referred to as "counseling") means the required decision making counseling that shall be provided to a birth parent(s) prior to a decision regarding whether or not to relinquish a child(ren). Birth parent counseling must explore all options available to parent(s).
A “Birth Parent Counselor” must be qualified as a placement worker and may have responsibility for relinquishment/decision making counseling with birth parent(s) dealing with an unplanned or crisis pregnancy or the relinquishment of a child, all under the direct supervision of a placement supervisor.
“Closed Adoption” means an adoptive placement when the adoptive parent(s) and the birth parent(s) do not share identifying information or communicate with each other before or after the finalization of the adoption.
"Designated Qualified Individual" means an individual that is not an employee of a county department of human/social services or a licensed child placement agency, who is involved with the adoption of a child from a county department, must be approved and listed on the State Department's vendor list.
"Expedited Relinquishment" means the process which a parent desiring to relinquish his or her child under one year of age may follow to obtain an expedited order terminating his or her parent-child legal relationship without the necessity of a court hearing.
“Foster Care Adoption” means a placement in which the child(ren)'s parental rights have not been terminated at the time of the foster care placement. The placement is made as a long-term foster care placement with the intention of adoption if or when the parental rights are terminated.
“Identified or Designated Adoption” means an adoptive placement in which adoptive parent(s) have been designated by the birth parent(s) prior to either party's involvement with a CPA licensed for adoptions. The CPA is responsible for completing the birth parent(s) counseling and an adoptive family assessment for the designated parent(s). The CPA is granted guardianship of the child for the purpose of placement. The CPA supervises the placement and makes reports to the court as required by law.
"Included in the Home Study Assessment" means, in a prospective parent to a second parent adoption, an individual who was investigated as a part of the original SAFE home study process, completed questionnaire one and two, and was evaluated using the psychosocial inventory. 
“International Adoption” means the placement of a child born outside the United States and lacking United States Citizenship. The adoption may either be finalized in the foreign country or in Colorado depending upon the requirements of the foreign country. The adoptive applicants have an approved family assessment and have completed the required training.
“Interstate Adoption” means a placement of a child into or from Colorado with a person(s) for the purpose of adoption. Placement shall be in conformity with Colorado Revised Statutes, including the Child Care Licensing Act, the Colorado Children's Code and the Interstate Compact on Placement of Children. Services to the child and adoptive family shall be provided under the laws of each state.
“Intrastate Adoption” means an adoptive placement of a Colorado child with a person(s) who is a resident of Colorado.
“Legal Risk Adoption” means an adoptive placement where parental rights have not been terminated and the child(ren) is not yet legally free for adoption at the time of placement. This includes infants placed directly after birth. The child(ren) is placed in an approved adoptive home. If the adoptive family resides in Colorado, the home shall be certified as a family foster home. The placement is with the intention of adoption when or if the child becomes available for adoption. The placement remains a legal risk placement until parental rights have been relinquished or terminated.
“Non-Agency Adoption” means a placement in which the child(ren) is placed by the birth parent(s) with person(s) unrelated to the child(ren). The placement is made with the intention of adoption. There has been no CPA participation, birth parent counseling, or adoptive family assessment completed before the placement of the child(ren). In order for the adoption to be finalized, the birth parent counseling and approved family assessment shall be completed by a CPA or county department of social services.
“Open Adoption” means an adoptive placement where the adoptive parent(s) and the birth parent(s) choose to communicate directly with each other and share information. The communication and sharing of information may occur before and/or after the finalization of the adoption. The degree of openness is determined by the parties involved.
“Relative Adoption” means a placement for the purpose of adoption in which a child(ren) is placed with a person(s) related to the child(ren) as a grandparent(s), aunt, uncle, brother(s), or sister(s). 
"Second Parent Adoption" means an adoption by a second adult when the child has only one legal parent and the sole legal parent wishes and consents to the child's adoption by a specified second adult. 
“Semi-Open Adoption” means an adoptive placement when the adoptive parent(s) and the birth parent(s) choose to share information with each other either before and/or after the finalization of the adoption. The amount of information shared is determined by the parties involved. All information shared is sent to the adoption CPA. There is no direct contact between the parties involved.
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[Instructions: replace lines 1403621 through 1133031.]
7.710.56  Assessment of the Adoptive Family and Report [Rev. eff. 12/7/07]
A.  Any individual, couple or family who desires to be considered to have a child placed for the purpose of adoption or second parent adoption must participate in a family assessment regarding their suitability, appropriateness, and readiness for an adoptive placement.
B.  Any individual that is planning a second parent adoption must notify the agency and include the individual involved with the second parent adoption to participate in the home study, if the home study will be used in the next six months for a second parent adoption. 
C.  An agency must complete the assessment without regard to race, color, or national origin.
D.  The agency must include in the assessment all members of the household and any individual that is considering a second parent adoption of the child(ren), if the home study will be used in the next six months for a second parent adoption.
E.  The agency shall not conduct an assessment for any paid or volunteer member of its staff or any member of the board of directors for the agency.
F.  As part of the assessment, the agency must conduct a minimum of three face-to-face joint interviews with a couple, one individual interview with each adult member in the household, and if applicable, one face-to-face interview with any individual considering a second parent adoption of the child(ren) in the next six months for a second parent adoption, and a face-to-face age/developmentally appropriate interview with all children residing in the home. For single applicants a minimum of three interviews will be required.
G.  The agency must conduct at least one interview in the applicant's home.
H.  Interviews must be spread out over a period of not less than 7 consecutive days. Joint interviews must be held on separate days.
I.  The assessment shall be updated 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.
J.  In each addendum the agency must document any changes in residence, marital status, criminal history, finances, or addition or deletion of family members.
K.  As a part of the family assessment the agency must obtain:
1.  A completed, dated and signed formal application for adoption, including a signed fee agreement and a disclosure agreement as outlined at Section 7.710.53, A.
2.  A current photograph of all members of the household.
3.  A copy of a current marriage license, if applicable.
4.  A copy of a divorce decree(s), if applicable.
5.  The results of a current fingerprint-based criminal history record check through the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) on all adult members of the household, including court disposition if applicable, and a child abuse or neglect records check for each adult eighteen (18) years of age or older residing in the home in every state where the adult has resided in the five years preceding the date of the application to adopt.
6.  The agency shall report to the court any case in which a fingerprint-based criminal history record check reveals that the prospective adoptive parent was convicted at any time of a felony or misdemeanor in one of the following areas: 
a.  Child abuse or neglect;
b.  Spousal abuse;
c.  Any crime against a child, including child pornography;
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 defined 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 physical assault or battery conviction or felony drug-related conviction within, at a minimum, the past five years.
No person convicted of a felony offense shall be allowed to adopt a child, except a person may be allowed to adopt a child if: 
1)  The applicant has had no further arrests or convictions subsequent to the original conviction; 
2)  The applicant has not been convicted of a pattern of misdemeanors, as defined by rule of the State Board of Human Services at Section 7.701.33, D, 7, f, 1-3; and, 
3)  The court enters a finding consistent with Section 19-5-210(2)(d), C.R.S., that the adoption is in the best interest of the child. 
7.  A minimum of 3 personal references from individuals, unrelated to the applicant(s), that have knowledge of the applicant(s) character and suitability to parent a child.
8.  Verification of health insurance coverage or a statement of intent that health insurance coverage will be obtained for the child upon placement.
9.  A dated physician’s statement current within one year for each member of the household, certifying that the applicant(s) and all members of the household are free from communicable disease or a physical condition that would impair his/her/their ability to care for children. Subsequent medical examinations shall be required upon the written direction of the physician.
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 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.
L.  A family assessment using the Structured Analysis Family Evaluation (SAFE) instrument(s) shall include, but not be limited to: 
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[Instructions: replace lines 1133050 through 1133067.]
M.  If an applicant desires to be considered for another adoption with the same agency within 3 years of the completion of the original family assessment, a subsequent update using the SAFE instrument shall be completed. The assessment update shall include at least one joint interview, coupled with one documented individual interview with each adult member of the household, and an age/developmentally appropriate interview with all children. At least one interview with the family must be conducted in the home.
N.  The agency must update the previously completed family assessment in order to address significant changes in the time period subsequent to the original family assessment, including, but not limited to:
1.  Place of residence;
2.  Marital status;
3.  Criminal history;
4.  Other significant changes within the family;
5.  Child abuse investigations;
6.  Health status.
O.  If the period of time since the last family assessment is longer than three (3) years, a complete family assessment using the SAFE instrument shall be completed.
P.  If a family assessment is received directly from the originating agency and is less than one year old, the new agency must complete an update of the family assessment using the SAFE instrument. If the assessment is more than one year old, a complete assessment using the SAFE instrument must be completed.
Q.  Following the completion of the family assessment, a narrative report must be completed according to the SAFE instrument guidelines.
1.  Additional information may be added to the narrative report as required by a foreign country.
2.  The family assessment submitted to the foreign country shall be a reasonable, true, and responsible assessment in regards to the requirements of the foreign country.
R.  At the conclusion of the family assessment process, applicants must sign a statement that they have been given the opportunity to read and review the final version of the family assessment excluding the confidential references.
S.  If at any time during the adoption process the agency becomes aware that it will not be able to continue to provide services or recommend the applicant(s) for approval for an adoptive placement, the agency must immediately notify the applicant(s) in writing. At the time of notification, applicants will be advised in writing of the process for dispute or disagreement with the adoption process or assessment.
T.  The family assessment is a part of the official adoption record of the agency and may only be released upon the written authorization by the applicant(s). Such circumstances are: 
1.  That the assessment may only be released to another licensed adoption agency, a county department of social services, or entity approved to operate in another state.
2.  When required by a foreign country to complete the adoption of foreign nationals, the family assessment and supporting documentation may be released to the adoptive applicant(s) if each page of the family assessment contains the agency raised seal.
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