Tracking #2008-01349; 
FA/P 02/06/09, eff. 04/01/09

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[I:/08081302.doc]

(12 CCR 2509-1)

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Revisions to Sections 7.000.5, 7.003.3, 7.302, 7.302.2-7.302.32, 7.404, 7.404.1, and 7.406.1 were final adoption following publication at the 2/6/2009 State Board meeting (Rule-making#’ 08-8-13-2), with an effective date of 4/1/2009. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 

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7.000.5  DEFINITIONS OF TERMS [Rev. eff. 4/1/09]
The following are definitions of commonly used terms used in this manual:
A.  “Applicant” means a person who has, directly or through someone authorized to act responsibly for him/her, requested social services. Such a person continues as an “applicant” so long as such application remains pending.
B.  “Application” means an action by a person or an authorized representative who indicates verbally or in writing to the county department a desire to receive social services.
C.  “Child” means any person under 18 years of age.
D.  “Child Welfare Child Care” means child care assistance used to maintain children in their own homes or in the least restrictive out-of-home care when there are no other child care options available. This care is less than twenty-four (24) hours daily. See Section 7.302, “Child Welfare Child Care” (12 CCR 2509-4).
E.  “Child Welfare Services” means service and payments for services (other than medical services covered by the “Colorado Medical Assistance Act”) available, directly or indirectly, through the social services staff of the state and county departments for the benefit of eligible persons which services are provided pursuant to rules and regulations adopted by the state department. Child welfare services are defined in Section 26-5-101(3), C.R.S.
F.  “Client” shall mean any applicant or recipient applying for or receiving social services from a county department.
G.  “Concurrent Planning” means the simultaneous preparation of plans to: 1) assist the child's parents in completing a treatment plan that, when completed by the parents, will allow the child to safely return to the parents' home; and, 2) place the child in a setting that will become the child's permanent home if the parents are unable to successfully complete their treatment plan.
H.  “County Department” means a county department of social services or, if applicable, the county agency responsible for providing child welfare services as defined by Section 26-5-101(3), C.R.S.
I.  “Day Care” or “Child Care Service” means care of a child under the age of 13 years (older children who need protection or have a special need may be approved by the county department) for a portion of a day, but less than 24 hours, in his own home by a person other than the parent or relative parent substitute, in a relative home, an exempt day care home, in a licensed or certified day care home, or licensed group day care facility.
J.  “Delinquent Child” means a child ten years of age or older who has violated any federal or state law, except non-felony state traffic and game and fish laws or regulations; any municipal ordinance except traffic ordinances, the penalty for which may be a jail sentence; or any lawful order of the court made in accordance with the Children's Code (Section 19-1-103(9), C.R.S., as amended).
K.  “Developmental Disability” means a disability that is manifested before the person reaches twenty-two (22) years of age, which constitutes a substantial disability to the affected individual, and is attributable to mental retardation or related conditions which include cerebral palsy, epilepsy, autism or other neurological conditions when such conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation. Unless otherwise specifically stated, the federal definition of “Developmental Disability”  found in 42 U.S.C. 6000, et seq., shall not apply.
1.  “Impairment of general intellectual functioning” means that the person has been determined to have an intellectual quotient equivalent which is two or more standard deviations below the mean (70 or less assuming a scale with a mean of 100 and a standard deviation of 15), as measured by an instrument which is standardized, appropriate to the nature of the person's disability, and administered by a qualified professional. The standard error measurement of the instrument should be considered when determining the intellectual quotient equivalent. When an individual's general intellectual functioning cannot be measured by a standardized instrument, then the assessment of a qualified professional shall be used.
2.  “Adaptive behavior” means that the person has overall adaptive behavior which is significantly limited in two or more skill areas (communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work), as measured by an instrument which is standardized, appropriate to the person's living environment, and administered and clinically determined by a qualified professional.
3.  “Similar to that of a person with mental retardation”, in regard to adaptive behavior, means that a person's adaptive behavior limitations are a direct result of, or are significantly influenced by, the person's substantial cognitive deficits and may not be attributable to only a physical or sensory impairment or mental illness.
L.  “Emancipation”, for purposes of the Colorado Children's Code and the delivery of social services, emancipation is considered to occur when a youth reaches age 18 and is no longer under the jurisdiction of the court or is married or enters military service.
M.  “Fair Hearing” means any procedure by which an Administrative Law Judge, upon the request of an applicant or recipient, reviews facts in relation to an adverse action taken by a county department pursuant to Section 3.850 of the Department of Human Services' Income Maintenance staff manual (9 CCR 2503-1).
N.  “Family” means one or more adults and children, if any, related by blood, or law and residing in the same household. Where adults, other than spouses, reside together, each is to be considered a separate family. Emancipated minors and children living under the care of individuals not legally responsible for that care are also to be considered separate families. A stepparent residing in the same household, who is not legally responsible for a child, is not considered a member of the family for purposes of determining monthly gross income in establishing a foster care fee. Stepchildren residing in the same household, for whom the custodial parent(s) are not legally responsible, are not considered part of the family in establishing a foster care fee.
O.  “Independent Living Arrangement (I.L.A.)” means a placement in foster care where a youth lives independently in the community under the supervision of the county department. Receiving funds is not a necessary condition for a youth to be in an I.L.A. Youth shall receive casework services on I.L.A. with or without receipt of the I.L.A. stipend.
P.  “Independent Living Assessment” means an evaluation of the youth's daily living skills. This assessment will document the youth's strengths and needs, as well as capacity and motivation to learn the appropriate skills.
Q.  “Independent Living Plan (I.L.P.)” means part of the Family Services Plan that includes those services designed to promote or enhance a youth's capacity to make a successful transition from out-of-home care to living independently and maintaining self-sufficiency.
R.  “Intake” means that process in the county department in which an applicant makes known his need for service, the dimension of the need is explored, and a decision is made as to whether the agency can help.
S.  “Neglected or Dependent Child” is defined in the Children's Code (Section 19-1-103, C.R.S.).
T.  “Provided Services” means those services delivered by county department of social services staff.
U.  “Provider” means a vendor of goods and/or services under the social services program.
V.  “Purchased Services” means those services made available to recipients through either another public agency, a private agency, or a private individual under contract with the state or county department.
W.  “Reasonable Efforts” is defined in the Children's Code (Section 19-1-103, C.R.S.).
X.  “Recipient” means any individual or family who is receiving or has received benefits from the programs of public assistance administered or supervised by the state department pursuant to the provisions of Title 26, C.R.S. Recipient also means an individual with whom, or for whom, a specific goal is established and to whom services are provided or purchased for the sole purpose of achieving this goal. Services are considered to be provided to the recipient when they are provided to, or on behalf of, other members of the recipient's family to facilitate achievement of the recipient's goal.
Y.  “Safety” means the absence of conditions that are likely to result in harm to the child.
Z.  “Siblings” means a sibling from birth who is descended from one or two mutual parents, stepbrother, former stepbrother, stepsister, or a former stepsister as defined in Section 19-1-128(5), C.R.S. for the purpose of sibling visitation. 
AA.  “State Department” means the Colorado Department of Human Services. 
BB.  “Supplemental Security Income (SSI)” means monthly cash payments made by the Social Security Administration to an aged, blind, or disabled individual who meets the requirements under Title XVI of the Social Security Act. 
CC.  “Supportive Activities” means those activities of the informational, statistical, clerical personnel, and staff training systems which support the social services program. 
DD.  “Title XX” means that title of the Federal Social Security Act from which the State's Services Plan is based. The Title XX legislation is contained in Public Law No. 97-35. 

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7.003.3  PURCHASE OF PROGRAM SERVICES [Rev. eff. 4/1/09]
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C.  Contractual Program Services
1.  Services may be obtained by purchase for specific clients using the standardized form contracts, identified by number in the paragraph below. Standardized form contracts comply with federal and state statutes and/or regulations for the purchase of service.
a.  Child Welfare Child Care: Use contract form SS-19 as appropriate.
b.  Child Foster Care Service: Use state authorized contract forms as appropriate.
c.  Psychological Evaluations, when purchased once and not through an agency contract: Use contract form SS-21B. Psychological evaluations shall not be purchased for children or adults who are eligible for Title XIX (Medicaid). Third party payment for psychological evaluations shall be used as first payer where possible.
1)  Limited purposes for children:
a)  For assessment of the need for protection - includes psychological evaluations for parents or substitute caretakers. Substitute caretakers are persons providing care as an alternative to the parent, i.e. includes guardians or legal custodians and excludes foster parents.
b)  For foster care placement.
c)  For adoptive home placement.
2)  Limited purposes for adults:
a)  In Program Area 2, for assessment of mental status/decision-making.
b)  For biological parents, on behalf of children in foster care.
d.  Physical evaluations, when purchased once and not through an agency contract shall use the state authorized contract form. Physical evaluations shall not be purchased with program service funds for children or adults who are eligible for Title XIX (Medicaid). Third party payment for physical evaluations shall be used as first payer where possible.
1)  Limited purposes for children:
a)  Needing assessment of need for protection.
b)  In Child Welfare Child Care.
c)  In out-of-home care.
2)  Limited purposes for adults in Program Area 2.
For assessment of medical conditions.
e.  Evaluation shall include the cost of the examination as well as any written and/or verbal interpretation of the results of the psychological or physical evaluation.
f.  Core Services Program Services:  County departments with state approved Core Services plans may use Form FPP-1 or develop and use their own contract for the purchase of Core Services. County developed contracts shall meet the contract content requirements provided in Section 7.003.4, D.
D.  Billing and Payment
County department billings for the purchase of program service shall follow state procedures.
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(12 CCR 2509-4)

[Instructions: replace lines 1010766 through 1010768.]
7.302  CHILD WELFARE CHILD CARE [Rev. eff. 4/1/09]
Child Welfare Child Care is a service to maintain children in their own homes or in the least restrictive out-of-home care when there are no other child care options available. Child Welfare Child Care is not 24 hour care.
Child care services for school-age children during regular school hours must be different from, and cannot be substituted for, educational services that school districts are required to provide under the Colorado Exceptional Children's Act. 
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7.302.2  CHILD CARE ARRANGEMENT AND FAMILY SERVICES PLAN [Rev. eff. 4/1/09]
The county department shall:
A.  Complete the relevant sections of the Family Services Plan.
B.  Document how the child care plan provides for effective intervention for maintaining children in their own homes or in the least restrictive out-of-home care.
C.  Provide the client with information concerning child care services.
D.  Have face-to-face or telephone contact with the child and/or family a minimum of once a month, and with the provider a minimum of quarterly when the reason for the child care is child protection. These contacts shall include a discussion of current progress and future direction. If the child is in placement, the contact requirements in Section 7.001.6 shall be used.
E.  Assess a client fee whenever the fee schedule applies. Counties will be notified of the State set parental fee schedule via Agency Letters issued yearly from the Division of Child Care based on criteria in Section 3.905, B (9 CCR 2503-1). 
F.  Develop written criteria to be used to determine when the State set parental fee should be waived. 
G.  Follow State rules for the Colorado Child Care Assistance Program (CCCAP) as found in rule manual Volume 3 “Income Maintenance”, Section 3.900 et seq. (9 CCR 2503-1). 

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(12 CCR 2509-5)

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7.404  FEES [Rev. eff. 4/1/09]
A.  Fees shall be determined and collected as applicable for the following services in each program area:
1.  Child Welfare Child Care.
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F.  If a family is receiving purchased services the fees shall be distributed in the following priority:
1.  Medical costs for non-Medicaid eligible children
2.  Foster care
3.  Core Services Program Services
4.  Child Welfare Child Care
5.  Other services
7.404.1  CHILD WELFARE CHILD CARE PARENTAL FEE SCHEDULE [Rev. eff. 4/1/09]
Counties will be notified of the State set parental fee schedule via a yearly Agency Letter from the Division of Child Care. The State set parental fee schedule is based on an approved formula that can be found in rule manual Volume 3 “Income Maintenance”, Section 3.905, B (9 CCR 2503-1). 
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7.406.1  THE STATE REIMBURSES WHEN [Rev. eff. 4/1/09]
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R.  Child Welfare Child Care program criteria are met. 
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