Tracking #2000-01027
FA/P 12/4/09, eff. 2/1/10

I:/09072001.rtf
[I:/09072001.doc]

(12 CCR 2509-1)

[Instructions:  insert both paragraphs before line 1585539.] 
Revisions to Section 7.306.35 were final (permanent) adoption of emergency rules at the 12/4/2009 State Board meeting (Rule-making# 09-8-19-1), with an effective date of 2/1/2010. 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.
Revisions to Sections 7.000.5, 7.203.1-7.203.2, 7.203.31, 7.203.33, 7.203.41-7.203.42, 7.301.24-7.301.242, 7.304.21, 7.304.52, 7.304.54-7.304.55, 7.304.74, 7.305.2-7.305.42, 7.306.41, 7.306.53, 7.306.56-7.306.57, 7.406.1, 7.418.1, and 7.500.351, and addition of Sections 7.311-7.311.93 were final adoption following publication at the 12/4/2009 State Board rule-making session, with an effective date of 2/1/2010 (Rule-making#’s 09-7-20-1 and 09-7-23-1). 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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[Instructions:  replace line 1648984.] 
7.000.5  DEFINITIONS OF TERMS [Rev. eff. 2/1/10]

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[Instructions:  replace line 1648996.] 
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. 

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[Instructions:  replace lines 1649001 through 1649018.] 
M.  “Emancipation Transition Plan” is a personalized youth-driven written document, that support emancipation and is intended to prevent the youth from becoming homeless. 
N.  “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).
O.  “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.
P.  “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.
Q.  “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.
R.  “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.
S.  “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.
T.  “Neglected or Dependent Child” is defined in the Children's Code (Section 19-1-103, C.R.S.).
U.  “Provided Services” means those services delivered by county department of social services staff.
V.  “Provider” means a vendor of goods and/or services under the social services program.
W.  “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.
S.  “Reasonable Efforts” is defined in the Children's Code (Section 19-1-103, C.R.S.).
Y.  “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.
Z.  “Safety” means the absence of conditions that are likely to result in harm to the child.
AA.  “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.
BB.  “State Department” means the Colorado Department of Human Services.
CC.  “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.
DD.  “Supportive Activities” means those activities of the informational, statistical, clerical personnel, and staff training systems which support the social services program.
EE.  “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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(12 CCR 2509-3)

[Instructions:  replace lines 1035288 through 1585583.] 
7.203.1  DEFINITION OF PROGRAM AREA 6 [Rev. eff. 2/1/10]
To provide statutorily authorized services to specified children and families in which the reason for service is not protective services or youth in conflict. These services are limited to children and families in need of adoption assistance, relative guardianship assistance, or Medicaid only services, or to children for whom the goal is no longer reunification. The purpose of services in Program Area 6 is to fulfill statutory requirements in the interests of permanency planning for children. Children must meet specific program requirements to receive services under these target groups.
7.203.2  CHILD WITH ADOPTION ASSISTANCE [Rev. eff. 2/1/10]
Requirements for the Adoption Assistance Program and the Relative Guardianship Assistance Program were consolidated into their respective sections. 
A.  The Adoption Assistance Program is located in Section 7.306.4. 
B.  Relative Guardianship Assistance is located in Section 7.311. 
7.203.3  CHILD WITH MEDICAID ONLY SERVICES
7.203.31  Target Groups [Rev. eff. 2/1/10]
A.  Children in foster care who have been determined IV-E eligible and have moved into or out of Colorado.
B.  Children for whom an adoption assistance agreement is in effect and who have moved into or out of Colorado. See Section 7.306.4 for details regarding children with adoption assistance.
C.  Children with a relative guardianship assistance agreement in effect and who have moved out of Colorado. 
D.  Children eligible for Home and Community Based Services or Home Health Care Services as defined in Section 8.500 of the Department of Health Care Policy and Financing's Medical Assistance manual (10 CCR 2505-10). Children enrolled in the Home and Community Based-Developmentally Disabled Waiver Program administered through Community Centered Boards and the Department of Human Services, Developmental Disabilities Services, are not eligible for services in this target group.

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[Instructions:  replace lines 1035345 through 1035347] 
7.203.33  Procedures for Children Eligible for Home and Community Based Services or Home Health Care Services [Rev. eff. 2/1/10] 
A.  The county department shall open a case Home and Community Based when an application for Home and Community Based Services (HCBS) or Home Health Care Services is completed. The county department shall provide services as required in Section 8.500 of the Department of Health Care Policy and Financing's Medical Assistance manual (10 CCR 2505-10) for children in Home and Community Based Services or Home Health Care Services Programs.
B.  The county department shall close the case on the State Department's automated system no later than the end of the month following the month that the child begins to receive services from the case management agency unless the child remains eligible for services under Program Areas 4 or 5. 

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[Instructions: replace lines 1035350 through 1035356.] 
7.203.41  Eligibility [Rev. eff. 2/1/10] 
A.  A child shall be eligible for services in this target group only if he/she has prior eligibility in another target group and has a permanent plan other than reunification.
B.  Children in this target group shall receive services as addressed in the placement services, relative guardianship, legal guardianship, relinquishment, independent living, and adoption sections of these rules. Contact requirements for these children shall be in accordance with Section 7.001.6. These contacts shall be documented in the State Department’s automated system. 
7.203.42  County Department Procedures [Rev. eff. 2/1/10] 
A.  The county department shall document in the case file all efforts at reunification for the children in this target group.
B.  The county department shall ensure that the Family Services Plan contains a plan for permanent placement with a relative, adoption, relative guardianship or legal guardianship/permanent custody, or other planned permanent living arrangement, as appropriate (see Section 7.301.24, M). 
C.  When the permanent plan is not adoption the county department shall document in the case file why adoption is not appropriate. 

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(12 CCR 2509-4)

[Instructions:  replace lines 1670788 through 1670797.] 
7.301.24  Family Service Plan Out-of-Home Placement Documentation [Rev. eff. 2/1/10]
For child(ren) in out-of-home placement, the Family Services Plan documents: 
A.  That the child meets all of the out-of-home placement criteria listed in Section 7.304.3.
B.  That when the child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by the county by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children. At the dispositional hearing, if a child is part of a sibling group and was not placed with his/her siblings, documentation shall be submitted to the court about whether it continues to be in the best interest of the child(ren) to be placed separately.
C.  The problems to be resolved in order to facilitate reunification of the child and family, and to safely maintain the child in the home.
D.  A description of the type of facility in which the child is placed, the reason(s) the placement is appropriate, and safe for the child. For children placed a substantial distance from the home of the parent(s) or in out-of-state placement, the county shall document how the placement meets the best interests of the child (see Section 7.304.54, J).
E.  A description of how the home is in reasonable proximity to the home of the parents or relatives and to the school the child has attended, including requirements regarding planning for educational stability as outlined in Section 7.304.241, A. 
F.  That the placement is the least restrictive, safe, and most appropriate setting available consistent with the best interests and specific needs of the child. This includes documentation of initial and on-going efforts to place the child with kin.
If the child is moved to a more restrictive placement after the initial placement, the Family Services Plan documents how the more restrictive placement meets the child's needs.
G.  Health and educational information shall be documented in the State Department’s automated system and updated at the time of each case review, including addresses and other contact information about the child’s current: 
1.  Education providers, including school, school district, and BOCES contacts who assist in the coordination of enrollment and services, and the child’s academic progress. 
2.  Health care providers and the status of health care information. 

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[Instructions: replace lines 1670830 through 1670832.] 
N.  The steps the agency is taking to find an adoptive or other permanent living arrangement for a child for whom the permanency plan is adoption or placement in another permanent home. 
O.  The permanency goal for the child would be to remain home barring case circumstances that would indicate the need for an alternative permanency goal when a teen mother and her child are placed together in the same foster home and if a case is opened on the child. The county must see the child when visiting the teen mother in the foster home. 
P.  Requirements for use of Other Planned Permanent Living Arrangement goals as follows: 

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[Instructions: replace lines 1670839 through 1670854.] 
7.301.241  Education Requirements for Children in Out-of-Home Placement [Rev. eff. 2/1/10]
A.  County departments shall coordinate with the local school, school district, and/or Board of Cooperative Education Services (BOCES) to assure there is a plan for educational stability. 
B.  Documentation shall be entered into the family services plan to address relevant: 
1.  Provider responsibilities, and 
2.  Information related to the appropriateness of the out-of-home placement in relation to the educational placement including, but not limited to: 
a.  Efforts that are made such as considering the proximity of the placement to the child’s school at the time of out-of-home placement/change in placement, providing transportation to maintain the child in the same school attended prior to the out-of-home placement/change in placement, or other factors that were considered, such as the appropriateness of the current educational placement. 
b.  Reasons why remaining in the same school is not in the best interests of the child and efforts that were made to coordinate with the local school, school district, and/or BOCES to assure enrollment in a new school, including timely provision or transfer of the educational records to the school as defined in Section 22-32-138, C.R.S. 
1)  The county department with legal custody of the child shall notify the sending school/school district of a transfer request as soon as possible. The school/school district must deliver the child’s education information and records to the receiving school within five (5) school days. 
Alternatively, the county department may request that the sending school/school district release of the child’s records to a designated employee of the county department for the sole purpose of transferring the information to the new school. 
2)  The child shall be enrolled within five (5) school days following the receipt of the education records. 
c.  Efforts to assure that the child or youth meets the state compulsory school attendance requirements. 
C.  For procedures for educational assessments when children are in out-of-home care: 
1.  The caseworker shall make a written referral for an educational assessment to the designated representatives of the child's school district of jurisdiction before a non-emergency placement in a group home, group center, child placement agencies, or residential child care facility.
2.  In emergency placements, the caseworker shall make a verbal notification within five working days and a written notification within ten working days after the placement.
3.  Educational costs of placements made without the required referral are not reimbursable to the county department.
4.  If the educational assessment determines that the child has an educational disability, which means that the child qualifies for 504 or special education services, the county and district of jurisdiction shall meet to determine if the educational needs of the child can be met in the placement or the Core Services program.
5.  If the child is not educationally disabled, the county may be responsible for educational costs.
7.301.242  Procedures for Educational Assessments When Children are in Out-of-Home Care [Rev. eff. 2/1/10] 
For children in out-of-home placement, the county department shall maintain records within the case file and/or in the fields available in the education section of the automated system that include, but are not limited to, identification of: 
A.  School name and address at the time of removal from the home.
B.  Current school name, address, and telephone number.
C.  Grade or classroom designation.
D.  Annual grades.
E.  Educational needs including, but not limited to, special education and summaries of the efforts of the county department to address the needs.
F.  Educational plans based on individual needs, including an IEP.
G.  Educationally based evaluations. 

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[Instructions: replace line 1671080.] 
7.304.21  Kinship Care [Rev. eff. 2/1/10]
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[Instructions: replace lines 1671096 through 1671101.] 
D.  Kinship care services when the county department has assumed legal authority for placement or taken legal custody: 
1.  Eligible Populations: The child shall meet the following criteria for placement in kinship care through the child welfare system: 
a.  Program Area 4, 5, or 6 target groups and out-of-home placement criteria. 
b.  Legal authority for placement as defined in Section 7.304.51 and the Children's Code through a court order, a Dependency and Neglect or Delinquency action, emergency removal by law enforcement, or a voluntary placement, followed within 90 calendar days by a Petition for Review of Need for Placement (PRNP). 
c.  Kinship care providers shall be advised of all support options available to them through the county department, including: 
1)  Family preservation, 
2)  Certification for kinship family foster care, and
3)  The relative guardianship assistance program. 
d.  In the decision making process, funding and support options which encourage kinship care as a form of family preservation rather than a placement service shall be of primary consideration. However, if the kinship caregiver(s) meets all of the standards for family foster home certification, they may choose to be certified as a family foster home. Kinship providers for Title IV-E eligible children are entitled to the same level of reimbursement as non-related providers. Kinship caregivers may elect to receive no payment. Other funding and support services, including in-kind or concrete services, can be put into place as mutually agreed upon with the provider. 
e.  Relative kinship care providers and potential relative kinship care providers shall be informed about the relative guardianship assistance program (see Section 7.311, et seq.). The information shall be documented in the State Department’s automated system. 

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[Instructions: replace lines 1791690 through 1791691.] 
7.304.52  Diligent Search [Rev. eff. 2/1/10]
A.  Definition: Diligent search is the timely good faith effort to locate and contact any noncustodial parent, all grandparent(s), and other adult relatives of a child’s or youth’s removal from the custodial home. Diligent search shall extend beyond the United States, its territories, or Puerto Rico as appropriate. 

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[Instructions: replace lines 1791701 through 1791705.] 
C.  The county department shall assure that: 
1.  Parents are consulted regarding their suggestions for appropriate caretakers.
2.  Children and youth are consulted as appropriate regarding their suggested relative caretakers.
3.  When the court orders a delay in contacting specific relatives for good cause including, but not limited to, domestic or other family violence, then the county department shall discontinue the diligent search involving the relative until otherwise authorized by the court. 
D.  Diligent search shall occur for all children including Native American children at least every six (6) months throughout the life of the case until the child has achieved permanency, except as noted in Section 7.304.52, C, 3. 
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[Instructions:  replace line 1671295.] 
7.304.54  Court Procedures Related to Permanency Planning [Rev. eff. 2/1/10] 
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[Instructions:  insert before line 1671319.] 
P.  The county department shall discuss the purpose and responsibilities of relative guardianship with the parents or legal custodian of a youth or child and the importance of achieving permanency. 
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[Instructions:  replace line 1671319.] 
7.304.55  Court Procedures Related to Termination of the Parent-Child Legal Relationship [Rev. eff. 2/1/10] 
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[Instructions:  replace lines 1671325.] 
F.  The county department shall gather information to present the court with clear and convincing evidence regarding the criteria for termination and evidence beyond a reasonable doubt in the case of children eligible under the Indian Child Welfare Act. 
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[Instructions:  replace line 1671447.] 
7.304.74  Responsibilities of Foster Parents [Rev. eff. 2/1/10] 
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[Instructions:  replace line 1671452.] 
D.  Provide written notice to employees of the State Department and county departments or other individuals with a need to know, if the foster parent does not want personally identifiable information provided to adult members of the foster child's family. Written notice may be subsequently provided to the parties aforementioned for release of personally identifiable information to the foster child's family; such information shall include the consent to release information, the foster parent's signature, and the date. 

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[Instructions:  replace lines 1671456 through 1671492.] 
[Editorial note:  section 7.305.2 deleted and subsequent sections revised and renumbered.] 
7.305.2  SPECIFIC PROCEDURES [Rev. eff. 2/1/10] 
A.  The county department shall assess all youth in foster care who have reached the age of 16 for independent living services and complete the independent living section of the Family Services Plan (FSP). This assessment and planning for independent living is required regardless of the specified permanency goal of the case plan.
B.  The county department's assessment shall include documentation of:
1.  The youth's capacity for self-sufficiency and self-support by reviewing daily living skills.
2.  An evaluation of individual, family, community, and financial support resources available to promote emancipation or semi-independent living.
C.  Following assessment, the Independent Living Plan (ILP) shall be developed jointly by the youth, caseworker, care provider(s), and other significant persons or agencies and documented in the FSP on the state automated system. 
D.  Criteria and Use of Independent Living Arrangements
The county department may make an independent living arrangement for youth ages 16 to 21 when the following criteria have been met:
1.  The county department has legal authority for placement.
2.  Placement in the independent living arrangement follows a period in out-of-home care or a period in an approved Core Services Program provided or purchased by the county. If the period in foster care or the Core Services Program immediately preceding an independent living arrangement is less than 30 calendar days, county administrator approval must be noted in the case file.
3.  The county department shall establish a written policy for the use of the independent living arrangement stipend. The policy shall address the following:
a.  Independent living arrangement funds shall be determined according to planned goals addressed in the case plan and contracted for between the youth and the county department.
b.  Decisions to withhold independent living arrangement funds must be consistent with the previously mentioned treatment goals and withheld according to defined guidelines.
c.  Timely and adequate written appeal and notification procedures for youth whose independent living arrangement funds are withheld.
E.  Emancipation Transition Plan
The youth, county department caseworker, provider(s), and other representatives of the youth as appropriate, shall jointly develop a detailed, formal emancipation transition plan a minimum of ninety (90) business days prior to the projected emancipation date of the youth. The plan shall include, but not be limited to, the following: 
1.  Assurance that the plan meets the specific self-sufficiency/cost of living standard in the county or state where the youth plans to reside. 
2.  An individualized written assessment used to develop the plan that is as detailed as the youth elects, and is signed and dated by the youth and the parties that developed the plan. 
3.  Personalization at the direction of the youth to meet the individual emancipation needs in order to help prevent homelessness.
4.  Copies of verifiable vital documents required in Section 7.305.5.
5.  Specific options for: 
a.  Housing, 
b.  Health insurance, 
c.  Education, 
d.  Local opportunities for safe mentors, 
e.  Continuing after-care support services, and
f.  Work force supports and employment services.
6.  The plan shall be documented in the State Department’s automated system in the Family Services Plan, and a copy given to the youth free of charge. 
7.305.3  (None)
7.305.4  CHAFEE FOSTER CARE INDEPENDENCE PROGRAM (CFCIP) – TITLE IV-E INDEPENDENT LIVING GRANT INITIATIVE [Rev. eff. 2/1/10] 
The Chafee Foster Care Independence Program (CFCIP) is a federally funded statewide independent living program that is county administered.
The purpose of the Chafee Foster Care Independence Program is to provide age appropriate independent living resources to youth in care who are at risk of aging out of foster care. These services shall supplement existing independent living resources and programs in county departments, residential child care facilities and child placement agencies, and by federal statute, shall not replace or duplicate existing services. Chafee Foster Care Independence Program funds shall not be used for room and board for a youth under eighteen (18) years of age. The eligible population includes: 
A.  Youth age 16 and under in out-of-home placement who have a permanency goal of other planned permanent living arrangement/long term foster care;
B.  Youth in out-of-home care age 16 to 21 with permanency goals of other planned permanent living arrangement/emancipation or other planned permanent living arrangement/long term foster care; 
C.  Emancipated young adults age 18 to 21, who were in out-of-home care on their 18th birthday; and,
D.  Youth age 16 to 21 who meet requirements for relative guardianship assistance, and youth age 16 to 21 who meet requirements for adoption assistance or who met such requirements prior to their 18th birthday. 
7.305.41  County Responsibilities [Rev. eff. 2/1/10]
A.  The designated host county department shall submit a county plan for State approval.
B.  The county department shall comply in format, content, and time lines with the instructions for Chafee Foster Care Independence Program plans as published by the State Department in an agency letter which will also contain required instructions for program and financial reporting.
C.  The county department shall administer the State approved plan in accordance with provisions of the plan. 
D.  Funds shall be used exclusively for the purposes specified in the plan.
E.  County departments must submit amendments to approved plans when the county is proposing to add or delete a service to the plan. The county department shall submit amendments of the Chafee Foster Care Independence Program plan for approval to the State Department no less than thirty (30) business days before the amendment is to be effective. 
7.305.42  Eligibility [Rev. eff. 2/1/10]
To be eligible for Chafee Foster Care Independence Program (CFCIP) services, the youth must: 
A.  Meet Program Area 4, 5, or 6 target group eligibility requirements or meet community placement requirements for the Division of Youth Corrections
B.  Be at risk of aging out of foster care which includes youth: 
1.  In out-of-home care under the age of 16 who have a permanency goal of other planned permanent living arrangement/long term foster care, 
2.  In out-of-home care age 16 to 21 with permanency goals of other planned permanent living arrangement/long term foster care, 
3.  Age 16 to 21, who meet requirements for relative guardianship assistance, 
4.  Age 16 to 21, who meet requirements for adoption assistance; or emancipated young adults age 18 to 21 who were in out-of-home care on their 18th birthday, or 
5.  Emancipated young adults age 18 to 21, who were in out-of-home care on their 18th birthday.
C.  Have a current Family Services Plan in the State Department’s automated system. For youth who entered into a relative guardianship or adoption assistance agreement at age sixteen (16) or older, the following may be used in lieu of a Family Services Plan: 
1.  The relative guardianship or adoption assistance agreement; or, 
2.  An independent living plan developed on or prior to the eighteenth (18th) birthday. 
D.  Participate on a voluntary basis. The youth may decide to refuse services, but shall be entitled to reconsider his or her choice and receive services at a later date.
E.  Follow the plan developed with the youth and the county department regarding participation in the Chafee Foster Care Independence Program.

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[Instructions: replace lines 1671674 through 1671684.] 
7.306.41  Title IV-E Adoption Assistance Program [Rev. eff. 2/1/10]
A.  Pathways to Eligibility
Title IV-E adoption assistance services may be provided to children whose special needs are a barrier to their adoption, who are legally available for adoption, and:
1.  Are in the custody of the county department via a court-ordered removal;
2.  Have Social Security Income (SSI) eligibility;
3.  Are IV-E eligible in a previous adoption;
4.  Are in mutual foster care placement with a county department;
5.  Were initially removed via voluntary placement agreement;
6.  Were voluntarily relinquished to a public or private licensed non-profit child placement agency;
7.  Are in the custody of a relative and the children are IV-E eligible; 
8.  Are otherwise IV-E eligible but do not meet AFDC requirements, and are eligible via the requirements in Section B, 7, of this section. 
B.  Requirements for Eligibility

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[Instructions: replace lines 1671707 through 1671720.] 
7.  Effective on the dates listed in this section, if the child does not meet AFDC IV-E eligibility criteria, has special needs, and meets the following requirements in the year in which the adoption assistance agreement is signed by all parties, the child will become categorically eligible for Title IV-E adoption assistance: 
a.  October 1, 2010
1)  Turns sixteen (16) years of age or older, or, 
2)  Has been in foster care for any sixty (60) consecutive months prior to finalization, or,
3)  Is a sibling to a child who is eligible due to age or time in foster care and placed with the aforementioned sibling.
b.  October 1, 2011
1)  Turns fourteen (14) years of age or older, or,
2)  Has been in foster care for any sixty (60) consecutive months prior to finalization, or,
3)  Is a sibling to a child who is eligible due to his age or time in foster care and placed with the aforementioned sibling.
c.  October 1, 2012
1)  Turns twelve (12) years of age or older, or, 
2)  Has been in foster care for any sixty (60) consecutive months prior to finalization, or,
3)  Is a sibling to a child who is eligible due to his age or time in foster care and placed with the aforementioned sibling.
d.  October 1, 2013
1)  Turns ten (10) years of age or older, or,
2)  Has been in foster care for any sixty (60) consecutive months prior to finalization, or,
3)  Is a sibling to a child who is eligible due to his age or time in foster care and placed with the aforementioned sibling.
e.  October 1, 2014
1)  Turns eight (8) years of age or older, or,
2)  Has been in foster care for any sixty (60) consecutive months prior to finalization, or,
3)  Is a sibling to a child who is eligible due to his age or time in foster care and placed with the aforementioned sibling.
f.  October 1, 2015
1)  Turns six (6) years of age or older, or,
2)  Has been in foster care for any sixty (60) consecutive months prior to finalization, or,
3)  Is a sibling to a child who is eligible due to his age or time in foster care and placed with the aforementioned sibling.
g.  October 1, 2016
1)  Turns four (4) years of age or older,or,
2)  Has been in foster care for any sixty (60) consecutive months prior to finalization, or,
3)  Is a sibling to a child who is eligible due to his age or time in foster care and placed with the aforementioned sibling.
h.  October 1, 2017
1)  Turns two (2) years of age or older, or, 
2)  Has been in foster care for any sixty (60) consecutive months prior to finalization, or,
3)  Is a sibling to a child who is eligible due to his age or time in foster care and placed with the aforementioned sibling. 
i.  Beginning on October 1, 2018:  applies to any child being adopted regardless of age, time in placement or sibling placement status.
8.  Beginning on October 1, 2010, if the child reaches the age of 16 prior to the signatures on the adoption assistance agreement, the agreement can continue up to age 21, if the following conditions are met: 
a.  Completing secondary school (or equivalent); or,
b.  Enrolled in post-secondary or vocational school; or,
c.  Participating in a program or activity that promotes or removes barriers to employment; or, 
d.  Employed eighty (80) hours per month; or,
e.  Determined incapable of any of the above due to a documented medical condition.
9.  After children have been determined eligible for Title IV-E adoption assistance payments and/or Title IV-E Medicaid benefits, Title IV-E eligibility continues as long as there is an adoption assistance agreement in effect as outlined below: 
a.  The children meet the requirements regardless of the family’s state of residence.
b.  Eligibility may continue even though no payments or Medicaid benefit is currently paid; therefore, maintaining the potential Title IV-E benefits if needed later.
c.  Until the expiration of the original agreement unless all parties to the agreement are in concurrence. This includes, but is not limited to, the situation where the family fails to complete and return paperwork related to the three-year review of the assistance agreement. 
10.  The county shall obtain documentation of school attendance or reasons for inability to attend. The documentation must demonstrate that each child who is eligible for adoption assistance and who has attained the minimum age for compulsory school attendance is: 
a.  Enrolled or in the process of enrolling in an institution that provides elementary or secondary education, or,
b.  Instructed in elementary or secondary education at home in accordance with the home school statute, or,
c.  In an independent study elementary or secondary education program in accordance with statute, and which is administered by the local school, school district, or Board of Cooperative Education (BOCES), or,
d.  Incapable of attending school on a full-time basis due to the medical condition of the youth or child. The reasons shall be supported by regularly updated information in the educational plan maintained by the school, school district, or BOCES. 
C.  Foster Care Placement of a Child Under an Adoption Assistance Agreement
1.  Title IV-E eligibility must be determined when a child is dually placed in foster care and adoption assistance. The child does not automatically retain the Title IV-E eligibility.
2.  The State prescribed form must be completed using the adoptive parent’s income.
3.  The child, upon returning to the adoptive parent(s)’ home, continues to be eligible for the Title IV-E adoption assistance agreement.
D.  Eligibility Determination for Medicaid in Title IV-E Adoption Assistance
1.  Children with an effective adoption assistance agreement are eligible for Medicaid in the state they reside. See Medical Resources section, 7.402 Medicaid for children covered by the Interstate Compact on Adoptions and Medical Assistance (ICAMA).
2.  An adoption assistance payment is not required to extend Medicaid coverage.
3.  Colorado is a member of the Interstate Compact on Adoption and Medical Assistance. Procedures for completing and complying with the compact are in the Medical Resources section, Children Moving from Colorado (Section 7.402.3, B.). 
4.  Medicaid eligibility shall be continued for IV-E eligible children who are out of the home for more than thirty (30) calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State approved form. 
5.  Medicaid eligibility for all children receiving Medicaid shall be re-determined yearly only if the child continues to be eligible for Medicaid. This can be done by completing the State prescribed form or completing a form letter that the children continue to be eligible for Medicaid. This form letter shall be sent to other states by the county department to ensure continuation of Medicaid for a child who is residing out of state.

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[Instructions: replace lines 1671859 through 1671873.] 
7.306.53  Non-Recurring Adoption Expenses [Rev. eff. 2/1/10]
A.  Reimbursement for the following non-recurring adoption expenses, not to exceed $800 per child, is available to parents adopting children with special needs:
1.  Legal fees.
2.  Adoption fees.
3.  Other expenses related to the legal adoption of the child(ren).
B.  The county department shall decide if an adopted child for whom reimbursement is being requested meets the criteria as a special needs child.
C.  The county department shall use the State-prescribed forms for children not in the department's custody.
D.  The county department shall use the State-prescribed forms for children in the department's custody.
E.  If no county department holds custody, reimbursement for the non-recurring adoption expenses will be based on the adoptive family's county of residence.
F.  Effective October 1, 2010, federal law specifically prohibits adoption assistance payments or non-recurring expenses on behalf of an “applicable child’ who is not a citizen or resident of the U.S. and was either adopted outside the U.S. or brought to the U.S. for the purpose of being adopted. 
Colorado will provide non-recurring adoption assistance payment up to $800 per child for children adopted internationally or through a private licensed non-profit adoption agency when the family has been able to: 
1.  Make application prior to the adoption.
2.  Provide evidence of the child’s special needs.
3.  Provide evidence that the agency did child specific recruitment for the child identified.
4.  Provide evidence the family has an approved home study.
5.  Provide an itemized statement of the expenses to be reimbursed.

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[Instructions: replace lines 1671881 through 1671899.] 
7.306.56  Accepting and Processing Applications for Adoption Assistance from Child Placement Agencies [Rev. eff. 2/01/10]
A.  Colorado non-profit licensed adoption agencies can access adoption assistance if the child is in their custody and meets Title IV-E eligibility, as outlined in Section 7.001.41.
B.  The county department where the adoptive family lives will process the application for assistance.
C.  If the child is being placed out-of-state, the state in which the family resides will process the application.
D.  The county department reviews the material submitted by the child placement agency and determines the child's eligibility for Title IV-E adoption assistance.
E.  The county department shall advise the child placement agency and the family in writing within ten working days of the date of approval or denial and inform the family of its right to appeal the decision.
F.  After the county department approves the adoption assistance, it shall open the case on the Department's automated reporting system.
G.  Approved adoption assistance payments may begin as of the date of the signing of the agreement. The child placement agency is responsible for any costs before the initiation of the adoption assistance agreement and prior to finalization.
H.  Adoption assistance available to the eligible child are:
1.  Medicaid (Title XIX).
2.  Adoption assistance payment.
3.  Non-recurring adoption expenses.
I.  Before finalization of the adoption, the child placement agency that arranged the adoption retains responsibility for continued services to the adoptive family should they be requested.
J.  The county department shall terminate adoption assistance payments and eligibility for Medicaid as outlined in Termination of Adoption Assistance (7.306.59) and Title IV-E (7.306.41) sections.
7.306.57  Review of Eligibility for All Ongoing Adoption Assistance Agreements [Rev. eff. 2/1/10]
A.  The county shall review the current adoption assistance agreement every three (3) years.
1.  The county department shall initiate the written notice of the review for adoption assistance sixty (60) days prior to the three-year anniversary of the agreement.
2.  The adoptive family may request a review of the agreement prior to the three-year review if changes in the needs of the child or family circumstances occur.
3.  Any changes in the needs of the child shall relate to the original barrier(s), identified at the time the decision was made that adoption assistance was needed. The county department shall not add additional needs for adoption assistance payments after the adoption decree has been issued unless genetic in nature.
B.  The county shall annually review documentation of school attendance or reasons for inability to attend.  The documentation must demonstrate that each child who is eligible for adoption assistance and who has attained the minimum age for compulsory school attendance is: 
1.  Enrolled (or in the process of enrolling) in an institution that provides elementary or secondary education, or, 
2.  Instructed in elementary or secondary education at home in accordance with the home school statute, or,
3.  In an independent study elementary or secondary education program in accordance with statute, and which is administered by the local school, school district, or board of cooperative education (BOCES), or,
4.  Incapable of attending school on a full-time basis due to the medical condition of the youth or child. The reasons shall be supported by regularly updated information in the educational plan maintained by the school, school district, or BOCES.

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[Instructions: insert the following new sections after line 1672167.] 

7.311  RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM [Eff. 2/1/10]
The Relative Guardianship Assistance Program provides assistance to a relative guardian in a defined and limited manner so that permanency is achieved for an eligible youth or child. Relative guardianship assistance is intended to help or remove financial or other barriers for a relative guardian of a Colorado youth or child by providing assistance to the relative guardian to care for and raise the youth or child. The Relative Guardianship Assistance Program elements are as follows: 
A.  Reunification and adoption efforts must have been exhausted and those goals have been ruled out based on individualized needs. 
B.  The program is most appropriate for older youth who choose not to be adopted and who want to maintain familial ties while living safely and achieving permanency with a relative guardian. 
C.  The program shall not supplant diligent reunification or adoption efforts. 
D.  Youth who are twelve (12) years and older and who refuse adoption shall receive ongoing counseling by a professional who is knowledgeable about adoption and permanency issues. 
E.  All requirements of this section relate solely to the relative guardianship assistance program and excludes any other type of guardianship. 
7.311.1  ELIGIBILITY REQUIREMENTS [Eff. 2/1/10]
Eligibility requirements for the prospective relative guardian and youth and/or child must be documented in the state automated system and are as follows: 
A.  The prospective guardian is a relative through the fifth (5th) degree of kinship; and,
B.  The most recent removal occurred through a court order, or a voluntary placement agreement; and,
C.  The prospective relative guardian was the certified kinship family foster care parent for the youth or child for a minimum of six (6) consecutive months while the youth or child resided in the home, excluding breaks in full certification due to provisional or probationary certificates being issued, or other adverse action taken regarding the certificate; and,
D.  Reunification and adoption are not appropriate permanency goal options for the youth or child; and,
E.  The youth or child demonstrates a strong attachment to the relative; and,
F.  Youth who are age twelve (12) or older are consulted about their expressed wishes to be placed in a relative guardianship (refer to Section 7.311.2, A); and,
G.  The prospective relative guardian has a strong commitment to caring for the youth or child permanently; and,
H.  The reason why permanent placement with a prospective relative guardian and receipt of a relative guardian assistance payment is in the best interests of the youth or child.
7.311.2  COUNTY DEPARTMENT RESPONSIBILITIES [Eff. 2/1/10] 
The county department shall assess and demonstrate the appropriateness of the youth or child for the Relative Guardianship Assistance Program. Documentation in the state automated system shall include: 
A.  Efforts to discuss adoption with the relative family foster care parent as the more permanent option for the youth or child and the reasons that the prospective relative guardian is unwilling to adopt. The goal of the discussion shall be to assure that the prospective guardian makes a fully informed decision regarding the permanency options that are available. The discussion shall include, but not be limited to, the following areas: 
1.  The legal differences between termination of parental rights for adoption and the transfer of guardianship; 
2.  The relationship with the birth or custodial family; and, 
3.  Visitation.
B.  The prospective relative guardian understands the significance of permanency through guardianship and the importance in continuing to be a permanent family after the youth or child exits the relative guardianship assistance program. 
C.  Efforts to discuss the relative guardianship assistance arrangement with the parents or legal custodians of the youth or child, and if it was not discussed with the parents, provide the reasons why the efforts were not made. 
D.  If relinquishment or termination of parental rights occurred for the youth or child, how the requirements in Section 7.306 are met. 
7.311.21  Placement with Siblings [Eff. 2/1/10] 
In addition to requirements in Section 7.301.24, the county department shall document: 
A.  The efforts to place siblings together in the relative kinship family foster care home. 
B.  The ongoing efforts to facilitate placement together, and the efforts to maintain frequent visitation and ongoing connections for siblings that live apart.
7.311.22  Inclusion of Siblings in a Relative Guardianship Assistance Agreement [Eff. 2/1/10] 
A.  Sibling(s) of a youth or child who meet all other requirements identified in Section 7.311.1 except the Title IV-E eligibility may be included in the same relative guardianship assistance agreement when there is agreement by the sibling(s) of the youth or child, prospective relative guardian, and the county department that the arrangement is in the best interests of the sibling(s) of the youth or child. This may occur on or at a later date than the youth or child who is Title IV-E eligible, and 
B.  Relative guardianship assistance payments may be made on behalf of each sibling in the same relative guardianship assistance agreement. 
7.311.3  RELATIVE GUARDIANSHIP ASSISTANCE RECORDS [Eff. 2/1/10] 
A.  Information in the record shall be updated when changes occur or additional information is available. 
B.  Upon termination of the Relative Guardianship Assistance Agreement the record shall be closed. 
7.311.4  BENEFITS [Eff. 2/1/10] 
Social/Supplemental Security benefits for a youth or child in a Relative Guardianship Assistance Agreement: 
A.  The county department shall inform the prospective relative guardian of the potential eligibility for Social/Supplemental Security benefits for any youth or child placed with them.
B.  When a youth or child is eligible for Social/Supplemental Security benefits and is receiving relative guardianship assistance, the relative guardian must inform the agency of the receipt of these benefits.
7.311.41  Legal Residence of the Youth or Child in a Relative Guardianship Assistance Agreement for Medicaid [Eff. 2/1/10] 
A.  Following the court appointment of relative guardianship, if the youth or child resides in a different county than the county in which the relative guardianship was granted in Colorado, the county of residence where the youth or child is placed shall open Medicaid benefits. 
B.  The placing county department shall send written notification to the resident county to expedite timely opening of the Medicaid benefits. 

7.311.42  For Chafee Foster Care Independence Program Services, see Section 7.305.4. [Eff. 2/1/10] 
7.311.5  RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM SERVICES [Eff. 2/1/10] 
A.  The Relative Guardianship Assistance Program includes Title IV-E and a state and county-only (non Title IV-E) program. 
1.  The federal government participates in relative guardianship assistance agreements for youth and children who meet the eligibility criteria for the Title IV-E relative guardianship assistance program. 
2.  The state and county participate in relative guardianship assistance agreements for youth and children who are not eligible for the Title IV-E program.
B.  The Relative Guardianship Assistance Program provides assistance to a relative guardian in a defined and limited manner so that permanency is achieved for an eligible youth or child where reunification and adoption are not appropriate goals. The following requirements are applicable to both programs: 
1.  The county department may make relative guardianship assistance payments and/or provide Medicaid or medical assistance following the appointment of the relative guardian by the probate court and continue the assistance until the youth has reached eighteen (18) years of age.
2.  The determination for expiration of the agreement must be made and documented in the original negotiation and noted in the original documents for the relative guardianship assistance agreement.
3.  The county department must determine that in each case a reasonable, but unsuccessful, effort to place the youth or child for adoption has been made before negotiating relative guardianship assistance, unless the best interests of the youth or child would not be served by such an effort.
4.  The county department may not use an income eligibility requirement (income means test) for the prospective relative guardian in determining eligibility for relative guardianship assistance.
5.  The relative guardianship assistance agreement that is negotiated shall be based on the needs of the youth or child and the relative guardian’s circumstances.
6.  Public community-based programs or services that the youth or child is eligible for shall be accessed first to address the needs of the youth or child before a relative guardianship assistance agreement is negotiated.
7.  The county department may authorize the following types of relative guardianship assistance agreements: 
a.  A “long-term relative guardianship assistance agreement” is intended to partially meet the daily needs of a youth or child indefinitely. A long-term agreement is made when the relative guardian’s financial situation is a barrier to achievement of relative guardianship and where it is unlikely to change. It may also occur when the needs of the youth or child creates an excessive hardship on the relative guardian’s financial and emotional resources. This type of monthly payment may continue until the circumstances change for the youth, child or the relative guardian, or the agreement terminates as outlined in the relative guardianship assistance agreement. 
b.  A “time-limited relative guardianship assistance agreement” is intended to partially meet the daily needs of the youth or child for a specified period. Funds may be used for start-up costs for items that the youth or child placed in relative guardianship may not have, such as sufficient clothing. The agreement partially covers unmet needs that are time-limited and non-renewable. 
c.  A “dormant” or “Medicaid only” relative guardianship assistance agreement (Title IV-E only) means there is no relative assistance payment provided at this time. County departments shall document any special needs for the youth or child in the services record and in the State Department’s automated system. The agreement identifies there is a potential need for financial relative guardianship assistance and it may need to be activated at a future time. 
8.  If the youth or child is reunited with the parent(s), previous legal custodian, or is adopted, eligibility for relative guardianship assistance is terminated.
9.  A relative guardian who meets the criteria for relative guardianship assistance are eligible for non-recurring relative guardianship assistance expenses.
10.  The contact requirements in Section 7.001.6 shall be met prior to court appointment of relative guardianship. The contacts shall be documented in the State Department’s automated system.
11.  Case services payments may be part of the relative guardianship assistance agreement; these payments may be made directly to the providers of service or to the appointed relative guardian. 
C.  Applicable Groups for Relative Guardianship Assistance 
1.  Youth or children who are in the custody of the county department. 
2.  The county department requesting the assistance agreement is financially responsible for the care of the child. 
D.  County department requirements for relative guardianship assistance
1.  While the relative guardianship assistance agreement is in effect, a combined record for each youth or child and the relative guardian shall be maintained. 
A combined record shall contain documentation about each youth or child and the relative guardian, which is relevant to the guardianship assistance agreement including, but not limited to, application, SAFE home study and applicable update(s), medical records, placement history, specific needs requiring purchase of services, confirmation of second opinions of professionals outside of the county department (licensed social worker, doctor, psychologist, or mental health specialist), annual school reports, and other applicable reports or evaluations.
2.  The county department shall determine the eligibility of the youth or child for relative guardianship assistance on the State Department’s prescribed form no later than one calendar month prior to the court appointment of the relative guardianship.
3.  The county department shall review the information on the State Department’s prescribed form with the relative guardian. All parties shall date, sign, and initial the document before the court appoints the relative guardian.
4.  The county department shall enter the legal relative guardianship information for each youth or child into the State Department’s automated system within thirty (30) calendar days following the date that the court appoints the relative guardian. 
5.  The relative guardian shall be informed in writing of the right to a fair hearing.
7.311.51  Provision of Services [Eff. 2/1/10] 
Following the court appointment of the relative guardianship, the county department shall provide services to the youth or child and the relative guardian family as addressed in the guardianship assistance agreement to assure stability of permanency. This does not preclude providing additional services based on current or temporary circumstances including, but not limited to, core services. 
7.311.6  RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT SERVICES [Eff. 2/1/10] 
A.  The county department may make relative guardianship assistance payments and/or provide Medicaid or medical assistance at the time the relative guardianship is appointed by the court and continue the payments until the youth reaches the age of eighteen (18). 
B.  The expiration of the agreement must be determined and documented in the original negotiation and noted in the original paperwork for the relative guardianship assistance agreement. 
C.  The county department shall not use an income eligibility requirement (income means test) for the prospective relative guardian in determining eligibility for relative guardianship assistance.
D.  The relative guardianship assistance agreement shall be negotiated in good faith and based upon the needs of the youth or child and circumstances of the relative guardian.
E.  Public community-based programs or services that the youth or child is eligible for shall be accessed first to address the needs of the youth or child before a relative guardianship assistance agreement is negotiated.
F.  If the youth or child is reunited with the birth parent(s) or legal custodians, the youth or child is not eligible for relative guardianship assistance. 
G.  Relative guardians of youth or children who meet the criteria for relative guardianship assistance are eligible for non-recurring relative guardianship expenses. 
H.  Relative guardianship assistance services may be provided for youth and children who meet the requirements, and: 
1.  The payment may not exceed the foster care reimbursement.
2.  A binding relative guardianship assistance agreement shall be negotiated and a copy provided to the relative guardian.
3.  The relative guardian may renegotiate the agreement if the needs of the youth or child change.
7.311.61  Title IV-E Relative Guardianship Assistance [Eff. 2/1/10]
A.  Title IV-E relative guardianship assistance services may be provided to a youth or child who meets eligibility criteria, and: 
1.  Is in the custody of the county department and the removal occurred through a voluntary placement agreement and subsequent court order for authority for placement; 
2.  Was eligible for foster care payments while residing for at least six (6) months in the home of the fully certified prospective relative guardian, and received at least one payment; or, 
B.  A youth or child who was Title IV-E eligible in a previous relative guardianship or adoption assistance agreement retains eligibility for a new relative guardianship assistance agreement when the following occurs: 
1.  The relative guardianship was dissolved, or, 
2.  The adoptive parent(s) relinquished parental rights or parental rights were terminated; or, 
3.  The relative guardian or adoptive parent(s) died; and, 
4.  The youth or child is placed with a subsequent prospective relative guardian after having met all requirements and timeframes including: 
a.  A new determination regarding the continuing needs of the youth or child; 
b.  Completion of a new relative guardianship assistance agreement with the new relative guardian; and/or, 
c.  If the previous relative guardian is deceased, a copy of the death certificate must be provided. 
C.  After a youth or child has been determined eligible for Title IV-E relative guardianship assistance payments and/or Title IV-E Medicaid benefits, Title IV-E eligibility continues while there is a relative guardianship assistance agreement in effect; and, 
1.  Eligibility continues as long as the youth or child meets the requirements regardless of the relative guardian’s state of residence. 
2.  Eligibility may continue when no payments or Medicaid benefit is currently paid; therefore, maintaining the potential Title IV-E benefits if needed later. 
3.  Title IV-E relative guardianship assistance benefits and/or Title IV-E Medicaid benefits must continue until the expiration of the original agreement unless all parties to the agreement are in concurrence. This includes, but is not limited to, a situation where the relative guardian fails to complete and return paperwork related to the three-year review of the assistance agreement. 
D.  Eligibility Determination for Medicaid in Title IV-E Relative Guardianship Assistance
1.  A relative guardianship assistance payment is not required to extend Medicaid coverage. 
2.  Medicaid eligibility shall continue for Title IV-E eligible youth and children who are out of the home for more than thirty calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State Department’s prescribed form (see county responsibility, Section 7.402.2). 
3.  Medicaid eligibility for the youth or child shall be re-determined annually only if the youth or child continues to be eligible for Medicaid. This can be done by completing the State Department’s prescribed form or completing a form letter that the children continue to be eligible for Medicaid. This form letter shall be sent to other states by the county department to ensure continuation of Medicaid for a child who is residing out of state. 
7.311.62  State-County Relative Guardianship Assistance (Non-Title IV-E) [Eff. 2/1/10] 
A.  Non-Title IV-E relative guardianship assistance services may be provided to a youth or child who meets eligibility criteria, and: 
1.  The youth or child was not IV-E eligible in foster care. 
2.  The youth or child was placed in foster care with the county department through a court order or a voluntary placement agreement with the county; and, 
a.  There was no subsequent petition with the court and a court order within 180 days of living with the specified relative that includes “best interest” or “contrary to the welfare language; or, 
b.  There was no foster care payment made while in care under the voluntary placement agreement. 
B.  Medicaid Eligibility Determination for Non-Title IV-E Relative Guardianship Assistance 
1.  Youth and children who are eligible for a relative guardianship assistance agreement, but are not Title IV-E eligible may be eligible for: 
a.  Medicaid through other categories of assistance; and/or, 
b.  Temporary Assistance for Needy Families (TANF).
2.  Medicaid eligibility may be continued when the youth or child is in out-of-home care for thirty (30) calendar days, depending on the county department’s policy. 
3.  Medicaid eligibility shall be redetermined annually only when the youth or child continues to be eligible for Medicaid. This shall be completed on the State Department’s prescribed form. 
7.311.63  Negotiation of Relative Guardianship Assistance Agreements [Eff. 2/1/10] 
A.  The county department shall: 
1.  Establish a policy regarding the criteria used for calculating the relative guardianship assistance agreements. The agreements shall be established in accordance with the written policy. 
2.  Determine specific needs of the youth or child and eligibility for relative guardianship assistance. 
3.  Utilize financial information regarding the relative guardian’s family including assets, liabilities and insurance benefits in negotiating the initial agreement, and any subsequent increases in relative guardianship assistance. 
4.  Not include a statement in the relative guardianship assistance agreement that Title IV-E relative guardianship assistance payments and/or services are subject to the appropriation of state funds. 
5.  Make a good faith effort to negotiate a relative guardianship assistance agreement with the relative guardian and base the negotiation on the needs of the youth and child and the circumstances of the relative guardian. If the parties cannot agree, the county department shall establish the amount. If the relative disagrees with the decision, a fair hearing can be requested. 
6.  Negotiate with the relative guardian the amount that is needed by the relative guardian to meet the needs of the youth or child. This may be less than the amount for which the youth or child qualifies. 
7.  Establish a maximum rate that may be provided to a relative guardian; the rate cannot exceed the current foster care maintenance rate that was reimbursed for the out-of-home care of the youth, or that would have been reimbursed if the youth or child was currently in out-of-home care. The monthly respite care payment that is provided in the foster care rate is not a benefit under the relative guardianship assistance program.
8.  Identify additional services and assistance that the youth or child will be eligible for and the procedures for applying for the services. 
9.  Use the State Department’s prescribed forms to document the negotiated agreement for Title IV-E or non-Title IV-E relative guardianship assistance, and attach supporting documentation. 
10.  Complete and sign the relative guardianship assistance agreement form specifying: 
a.  The dollar amount of the relative guardianship assistance being provided, if applicable. 
b.  The duration dates of the agreement:  
1)  Until the youth or child in relative guardianship reaches the age of eighteen (18) years, or, 
2)  On a case-by-case basis, the duration of the agreement may be sooner than this time. All parties must be in agreement with the earlier termination date.
c.  The services and dates of services that are covered by the relative guardianship assistance agreement. 
d.  The relative guardianship assistance agreement must be signed and dated by all parties prior to the effective date of the agreement, which is the date that the court appoints relative guardianship. If the county department fails to completely execute the relative guardianship assistance agreement prior to the date the relative guardianship is appointed, the assistance payment will become non-reimbursable by the state and Title IV-E funds.
11.  Review the agreement every three (3) years from the date of the initial agreement. 
a.  Any change in the relative guardianship assistance agreement shall be related to the original needs, identified at the time the decision was made that relative guardianship assistance was needed. 
b.  A Title IV-E relative guardianship assistance agreement shall not be changed without the concurrence of all parties. The only exception is if there is a reduction or increase in the foster care maintenance payment rate. In that circumstance the state may adjust the relative guardianship assistance payment without the relative guardian’s agreement. 
c.  Any change in a non-Title IV-E relative guardianship assistance agreement must be related to the specific needs of the youth or child, the relative guardian’s circumstances, and the county department’s policy. 
The county department shall negotiate with the relative guardian that when the youth or child is in out-of-home care or committed to the Division of Youth Corrections for more than thirty (30) days, the assistance payment shall be suspended until the youth or child returns to the relative guardian’s home. 
d.  After the court appoints the relative guardianship, the county department shall not include additional needs for the relative guardianship assistance payment that are not directly related to the original identified needs of the youth or child, or unless the needs are based on a genetic relationship to the original needs. 
e.  The county department or a relative guardian may renegotiate an existing relative guardianship assistance agreement if the needs of the youth or child change and the information is related to the original needs that were identified or the family’s circumstances. 
12.  For Title IV-E relative guardianship assistance agreements, there are situations after the relative guardianship appointment by the court where the guardian can request a state level fair hearing before an Administrative Law Judge (ALJ) concerning the eligibility of the youth or child or relative guardianship assistance benefits or the amount of those benefits.  The situations include, but are not limited to: 
a.  Relevant facts regarding the youth or child that were known and not presented to the relative guardians prior to the court appointment of relative guardianship.
b.  Denial of assistance based upon a means test of the relative guardian. 
c.  Guardians’ belief that an erroneous determination was made finding a youth or child ineligible for relative guardianship assistance. 
d.  Denial of a request for a change in assistance payment rate due to a change in circumstances for the relative guardian. 
e.  Decrease in the amount of relative guardianship assistance without the agreement of the relative guardian except as previously noted in Section 7.311.63, A, 11, b. 
7.311.7  MEDICAL PAYMENTS IN RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENTS [Eff. 2/1/10] 
A.  Medical payments in relative guardianship assistance agreements may be used to supplement any other available resource such as a relative guardian’s private insurance that pays part but not all of the treatment (physical, mental, and emotional) for the youth or child.
1.  Payments are made directly to relative guardians for a service already received or to a vendor for the treatment of physical, developmental disabilities, or an emotional disturbance. 
2.  Shall relate directly to the barrier or barriers identified at the time the initial agreement is approved.
B.  The payments are not available for treatment of any physical, developmental disability, or emotional disturbance diagnosed after the court appointment of the relative guardianship. 
C.  The payments may only be used for Medicaid cases if the service requested is a service that is not covered under the state Medicaid plan and relates to a need identified at the time the youth or child is placed in relative guardianship. 
D.  The payments for medical services shall reflect the reasonable costs of those services in the community where the youth or child resides. 
7.311.71  Reimbursable and Non-Reimbursable Relative Guardianship Assistance Case Services [Eff. 2/1/10] 
Case services are a type of purchased program services that support a case plan for youth and children in relative guardianship assistance. 
Case services are provided to meet the special needs of a youth or child that were identified when the youth or child is placed into a relative guardianship and which are not covered by the relative guardianship assistance or Medicaid assistance agreements. 
For eligibility for case services in a relative guardianship assistance agreement, the State Department’s prescribed form outlining the agreement must be in place and the case open in the State Department's automated system as relative guardianship assistance case. 
A.  Medical
1.  Orthodontia 
a.  Cosmetic reasons - not reimbursable. 
b.  Special needs directly related to the reason for which the youth or child was classified as special needs, e.g. cleft palate or injury related to an abuse will be reimbursable.
2.  Eye Glasses
a.  Eyeglasses are not reimbursable using case services funds because Medicaid pays for one (1) pair of glasses per year.
b.  Payment for additional eye glasses during the year or contacts related to the special needs of the youth or child that were identified at the time of the initial relative guardianship assistance agreement are reimbursable.
3.  Medication
a.  Routine medication that is not related to the special needs of the youth or child - not reimbursable. 
b.  If related to the special needs of a youth or child - reimbursable. The medication must be prescribed by a licensed physician and related to the special need identified at the time the youth or child was approved for relative guardianship assistance. 
4.  Special Therapies - Speech, Occupational, and Physical
a.  If not available through other community and family resources - reimbursable. Youth and school-age children should receive these services through the education system.
b.  When these services are available in hospitals and clinics – not reimbursable because Medicaid covers these costs.
5.  Special Medical Equipment 
Special medical needs/equipment, as prescribed by a physician, may be reimbursable. For a youth or child who is severely physically challenged; special exceptions should not exceed $2,000 without a supervisor's written authorization.
B.  Psychological Services
1.  Time-limited out-patient therapy for a youth or child living in a state that does not accept Medicaid for this service - reimbursable if related to the special needs of the youth or child and a written plan is obtained from the service provider which contains: 
a.  Diagnosis. 
b.  Prognosis. 
c.  Length of service.
d.  Individuals who will be seen during the therapy. 
e.  A cap on the amount of money to be spent for the psychological exam or therapy. 
f.  Frequency of contact (i.e., once a week, twice a month, etc.). 
g.  Type of therapy being provided (i.e., individual, group, family, etc.).
2.  If time-limited out-patient therapy is available using Medicaid – not reimbursable.
3.  Day treatment - not reimbursable because Medicaid provides for this service.
4.  Residential child care facility - not reimbursable because Medicaid provides for this service.
5.  In-patient psychiatric hospitalization - not reimbursable because Medicaid provides this service. (Children who are Medicaid eligible may receive some in-patient psychiatric services under the Medicaid program.) 
C.  Education Costs
1.  Tutoring - not reimbursable. Education systems are required to provide all youth and children with special needs a free appropriate public education.
2.  School tuition - not reimbursable. There will be no reimbursement for tuition expenses through the relative guardianship assistance program. If the relative guardian chooses the youth or child to remain in a current private school placement, this is an expense for which the relative guardian is responsible.
D.  Respite and Day Care
1.  Respite care - reimbursable.
2.  Day care - not reimbursable.
E.  Other Relative Guardianship Assistance Case Services 
Relative guardianship assistance case services for youth and children who are Title IV-E or non-Title IV-E may be provided for a specified time to provide needed services. It is required that these time-limited services/funds are clearly provided on a case-by-case basis. This requirement must be clearly documented in the agreement. 
F.  To be eligible for case services in a relative guardianship, the State Department’s prescribed form outlining the agreement must be in place and the case opened in the State Department’s automated system as a relative guardianship assistance case following the court appointment of relative guardianship.
7.311.72  Non-Recurring Relative Guardianship Expenses [Eff. 2/1/10] 
A.  The relative guardian may be reimbursed for the following non-recurring relative guardianship expenses, not to exceed $800 per child in order to facilitate achievement of the guardianship: 
1.  Legal fees,
2.  Fees for relative guardianship, or
3.  Other expenses related to the relative guardianship of the youth or child.
B.  The county department shall decide if a youth or child who is in a relative guardianship assistance agreement and for whom reimbursement is being requested meets the criteria.
C.  Documentation for non-recurring relative guardianship expenses: 
1.  The county department shall use the State Department’s prescribed form prior to the court appointing the relative guardianship. 
2.  The prospective relative guardian shall provide evidence of the needs of the youth or child.
3.  Provide evidence that the family has a Structured Analysis Family Evaluation (SAFE) kinship family foster care home study and a SAFE update related to the prospective relative guardianship. 
4.  Provide an itemized statement of the expenses to be reimbursed.
7.311.8  ACCEPTING AND PROCESSING APPLICATIONS FOR RELATIVE GUARDIANSHIP ASSISTANCE FROM RELATIVE FAMILY FOSTER CARE PARENTS WHO ARE CERTIFIED BY CHILD PLACEMENT AGENCIES [Eff. 2/1/10] 
A.  Colorado licensed child placement agencies may certify kinship family foster care homes only upon written request from the county department with responsibility for the care and custody of the youth or child. 
B.  The county department will use the same procedures for all prospective relative guardians. 
C.  The child placement agency that certified the prospective relative guardian retains responsibility for services to the relative guardian prior to the court appointment of the relative guardianship.
7.311.81  Review of Eligibility for All Ongoing Relative Guardianship Assistance Agreements [Eff. 2/1/10]
A.  The county department shall initiate the written notice of the review for relative guardianship assistance sixty (60) days prior to the three (3) year anniversary of the agreement. 
B.  The relative guardian may request a review of the agreement prior to the three-year review if changes in the needs of the child or family circumstances occur. 
C.  Any changes in the needs of the youth or child shall relate to the original barrier(s), identified at the time the decision was made that relative guardianship assistance was needed. The county department shall not include additional needs for relative guardianship assistance payments after the court appointment of the relative guardianship unless genetic in nature. 
D.  The county department shall review school attendance annually. 
Relative guardianship assistance files must contain documentation of school attendance or reasons for the inability to attend. Documentation must be updated annually to assure that each youth and child who is eligible for relative guardianship assistance and who has attained the minimum age for compulsory school attendance is: 
1.  Enrolled (or in the process of enrolling) an elementary or secondary education institution, 
2.  Instructed in elementary or secondary education at home in accordance with the home school statute, 
3.  In an independent study elementary or secondary education program in accordance with statute, and which is administered by the local school, school district, or Board of Cooperative Education (BOCES), or 
4.  Incapable of attending school on a full-time basis due to the medical condition of the youth or child. The reasons shall be supported by regularly updated information in the educational plan maintained by the school, school district, or BOCES.
7.311.82  Procedures for Relative Guardianship Assistance Payment When a Youth or Child is in Out-of-Home Care or Committed to the Division of Youth Corrections [Eff. 2/1/10] 
A.  When a youth or child with a Title IV-E relative guardianship assistance agreement is placed in out-of-home care for more than thirty (30) calendar days, the county department shall negotiate with the relative guardian to discontinue the relative guardianship assistance payment until the youth or child returns to the relative guardian’s home. The assistance agreement may only be reduced with the concurrence of the relative guardian. This includes a commitment to the Division of Youth Corrections 
B.  Medicaid eligibility shall continue for Title IV-E eligible children who are out of the home for more than 30 calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State Prescribed form (see County Responsibility, Section 7.402.2). 
C.  When a youth or child with a non-Title IV-E relative guardianship assistance agreement is placed in out-of-home care for more than thirty (30) days, the county department shall discontinue the relative guardianship assistance payment until the youth or child returns to the relative guardian’s home. This includes a commitment to the Division of Youth Corrections. 
D.  When non-Title IV-E eligible youth or child resides outside of Colorado with the relative guardian who has a relative guardianship assistance agreement and the youth or child is in out-of-home placement longer than thirty (30) calendar days, the relative guardianship assistance payment and relative guardianship case services shall be discontinued. A state/county non-Title IV-E agreement may only be resumed when the child is returned home and the out-of-home placement has been discontinued on the State Department's automated system. 
7.311.9  TERMINATION OF RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENTS [Eff. 2/1/10] 
The county department shall terminate relative guardianship assistance agreements when the: 
a.  Relative guardian requests that payments end; or, 
B.  Youth reaches age eighteen (18); or, 
C.  The county department determines the relative guardian is no longer legally responsible for the support of the youth or child; or, 
D.  Youth or child is no longer receiving any support from the relative guardian; or, 
E.  County of responsibility verifies the death or marriage of a youth or child.
7.311.91  Reinstatement [Eff. 2/1/10] 
A.  Reinstatement of the original relative guardianship assistance agreement is prohibited when the relative guardian who was appointed by the court no longer has guardianship of the youth or child. 
B.  Relative guardianship assistance agreements may be reinstated if the services requested relate to the needs of the youth or child that were identified at the time of the original assistance agreement. 
7.311.92  Right to Appeal [Eff. 2/1/10] 
A.  If the county department denies an application for relative guardianship assistance, or reduces or terminates the assistance payment, the applicant or recipient has the right to appeal. Using procedures outlined in Section 3.850 (9 CCR 2503-1). 
B.  When a family who has been denied Title IV-E relative guardianship assistance requests a state level fair hearing, it is the responsibility of the Administrative Law Judge to determine whether the applicant or recipient was wrongly denied eligibility or whether the amount of the relative guardianship assistance agreement was determined correctly (see Section 7.306.41, E). 
C.  The relative guardian has the burden of proving extenuating circumstances and relative guardianship assistance eligibility at a state level fair hearing. The state and/or its designee can provide factual information to assist the family in establishing eligibility for Title IV-E relative guardianship assistance. 
D.  When either state or federal law requires or results in a reduction or deletion of services, a hearing shall not be granted.
7.311.93  State Monitoring/Progressive Discipline Process of Relative Guardianship Assistance Programs in County Departments [Eff. 2/1/10] 
A.  Monitoring shall be conducted annually with county departments by the State Department using a risk-based approach by reviewing the number and nature of complaints received from consumers, advocates, or the general public. 
B.  The department will conduct monitoring in the same manner contained in Section 7.306.43.

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(12 CCR 2509-5)

[Instructions:  replace line 1649093.] 

7.406.1  THE STATE REIMBURSES WHEN [Rev. eff. 2/1/10]

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[Instructions:  insert before line 1426990.] 
MM.  Reasonable travel is provided to the school where the child is enrolled prior to out-of-home placement. 
NN.  Reasonable costs are provided for liability insurance for a child. 
OO.  Adoption assistance and relative guardianship assistance program payments are made in compliance with requirements. 
PP.  Case services in adoption assistance agreements and relative guardianship assistance agreements. 
QQ.  Non-recurring expenses for adoption assistance and relative guardianship assistance agreements. 

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[Instructions:  replace lines 1427191 through 1427192.] 
7.418.1  CHILD MAINTENANCE [Rev. eff. 2/1/10]
A.  Child maintenance is reimbursement to cover the cost of providing food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, reasonable travel to the child's home for visitation, and reasonable travel to the school where the child is enrolled prior to out-of-home placement. The provider allowance may be based on the age of the child. 
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