Tracking #2010-01109 
FA/P 1/7/11, eff. 3/2/11

I:/10082601.rtf
[I:/10082601.doc]

(12 CCR 2509-1) 

[Instructions: insert the following two paragraphs before line 1585539.]
Revisions to Sections 7.202.4, 7.202.51, and 7.202.57 were adopted as final (permanent) at the 1/7/2011 State Board meeting (Rule-making# 10-10-25-1), with an effective date of 3/2/2011. 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 7.200.1, 7.202.604 through 7.202.608, 7.304.4, 7.304.53, 7.306.11, 7.306.15, 7.306.16, 7.500.3, 7.500.351, and 7.710.12 were final adoption following publication at the 1/7/2011 State Board meeting (Rule-making# 10-8-26-1, 10-10-13-1, 10-10-25-2), with an effective date of 3/2/2011. 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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(12 CCR 2509-3) 

[Instructions: replace lines 1391251 through 1034752.]
7.200.1  CHILD WELFARE SERVICES [Rev. eff. 3/2/11]
Child Welfare Services constitutes a specialized set of services that are intended to strengthen the ability of families to protect and care for their own children, minimize harm to children and youth, and ensure permanency planning. The goal shall be to support the intactness of families, when appropriate, through the provision of services aimed at stabilizing the family situation and strengthening the parents/guardians in fulfilling their parental responsibilities to their children. Intervention shall be guided by respect for the family's integrity, knowledge of the legal base for action, and sound social work practice. 
The following principles shall underlie the provision of Child Welfare Services: 
A.  Children and youth shall have the right to be raised in an environment free from abuse or neglect preferably by their families of origin by providing reasonable efforts to maintain the family unit through the provision of in-home services.
B.  Placement shall be considered when there is evidence that leaving the child in the home would jeopardize the safety of the child or community. Reasonable efforts shall be made to prevent placement or to reunite the family as soon as safely possible if removal is necessary. In determining reasonable efforts to be made, and in making such reasonable efforts, the child's health and safety shall be the paramount concern. A court may determine that reasonable efforts shall not be required; otherwise, reasonable efforts shall be made to preserve and reunify families.
C.  Appropriate and culturally competent services that promote safety shall be provided to families, children, and youth in their own homes and in out-of-home placements.
D.  Children and youth who have been removed from the care of their parents shall have the right to a diligent search according to Section 7.304.52 (12 CCR 2509-4) for extended family members who can be considered as placement resources, to be placed in a safe environment, to not be moved indiscriminately from one placement to another, and to have the assurance of a permanency plan. 
E.  Consideration of the child's age, culture, language, religion, and other needs shall guide the choice of all services provided. Race, color, and national origin of the child and the prospective parents are considered in foster and adoptive placements only in extraordinary circumstances. 
F.  Case planning shall involve the parents so that relevant services can be provided to permit timely rehabilitation and reunification.
G.  Child Welfare Services shall be provided in collaboration with other community agencies on behalf of children, youth, and their families. Assessment tools or resources available through these community agencies shall be incorporated in the assessment, based on the culture and other needs of the family.

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(12 CCR 2509-4) 

[Instructions: replace lines 1671506 through 1671510.]
7.306.11  Evaluation of Child's Needs [Rev. eff. 3/2/11]
A.  The county department shall assess the child's readiness for adoption.
B.  The county department shall make thorough efforts to place siblings together in adoption and document such efforts in the Family Services Plan. 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 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.
C.  If the current caregiver is an appropriate resource, the worker will complete the Colorado Adoption Resource Registry (CARR) exclusion form and send the form to the State’s adoption unit.
D.  Available resources for adoption shall be assessed and a recruitment plan developed if there is no adoptive family identified. Recruitment efforts begin when the permanency goal becomes adoption and should use all resources available. The county shall document, in the Family Services Plan, efforts to recruit and locate a permanent home for any child whose parental rights have been terminated and who is in the guardianship of the county with the right to consent to adoption. 
E.  A child’s best interests shall be the primary consideration in determining placement. 

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[Instructions: replace lines 1671544 through 1671549.]
7.306.15  Selection of an Adoptive Family for a Child [Rev. eff. 3/2/11]
A.  The county department shall use all resources available to find a home for the child. The county shall not deny or delay the placement of a child for adoption when an approved family is available outside of the county or state. If a family with an approved home assessment from another county or state requests a fair hearing, it shall be provided to the family.
B.  The county department shall comply with the Indian Child Welfare Act in placing any eligible Native American child. See Indian Child Welfare Act of 1978, in Section 7.309, et seq.
C.  An adoptive placement shall not be delayed or denied when an adoptive family of another race, color, or national origin than that of the child is available. 
D.  Race, color, and national origin can only be considered in extraordinary circumstances. 
7.306.16  Purchase of Adoption Services for a Child [Rev. eff. 3/2/11]
See Adoption Resources, Program Area 7, Purchase of Adoption Services from Agency Providers in Section 7.500.355. 

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(12 CCR 2509-6) 

[Instructions: replace lines 1441226 through 1441232.]
7.500.3  CHILDREN'S RESOURCES [Rev. eff. 3/2/11]
A.  Resources for children to be developed by the county department of social/human services are family foster homes, receiving homes, specialized group facilities, day care homes and adoption resources. 
B.  Good faith efforts and due diligence shall be used to recruit families who reflect the racial, ethnic, cultural, and linguistic backgrounds of all children in care. 
C.  Facilities for children shall be utilized solely by children, shall be properly licensed or certified, and shall meet necessary local requirements and hold local licenses or permits. 
D.  The county department of social/human services shall audit all current foster care files on an annual basis to verify that all required information is present in the file. Following the annual audit, the county department shall attest in writing that all the required information is present. 
E.  The county department shall develop resources for the twenty-four (24) hour out-of-home care of children who otherwise would be inappropriately placed in jail or detention. 
F.  A family foster home or receiving home certified by the county department of social/human services or a specialized group facility established and sponsored by a county department shall receive children only from a county department of social/human services, and the certifying county shall approve of each placement. 
G.  The county department shall maintain a directory of current, accurate information to identify available placements. The directory shall include available vacancies, licensed or certified capacity, ages and gender of children accepted by the home or facility, a description of the level of care which the home or facility can provide, and a listing of any special services that it can provide. 

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[Instructions: replace lines 1860000 through 1860002.]
7.500.351  Applications and Adoption Services [Rev. eff. 3/2/11]
A.  Recruiting and Inquiries
1.  The county department recruits adoptive homes that reflect the racial, ethnic, cultural, and linguistic backgrounds for all waiting children. The county shall make reasonable efforts to recruit families of the same ethnic, cultural and racial background as the children waiting adoption.

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[Instructions: replace lines 1860024 through 1860025.]
B.  Applications
1.  The county department accepts applications for the adoption of children only from persons who meet the requirements of the Colorado statute, who have expressed an interest in the placement of a child who might be available at the time of the application.

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[Instructions: replace lines 1012159 through 1012161.]
C.  Requirements for Adoption
1.  A single foster home or adoptive assessment as outlined in Section 7.500.2 must be completed prior to the child being placed with the intent of adoption.
2.  The assessment must include a visit to the home and a separate interview of the potential adoptive parents. Other adults living in the home shall be interviewed. 

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(12 CCR 2509-8) 

[Instructions: insert new section before line 1953676.]
7.710.12  Placement for Purposes of Adoption [Rev. eff. 3/2/11]
Pursuant to Section 19-5-206(2), C.R.S., in a child welfare case, a child’s best interests shall be the primary consideration for a court, county department, or licensed child placement agency in making determinations considering the placement of the child for purposes of adoption. 
A.  In making determinations concerning the placement of a child for the purpose of adoption, a licensed child placement agency may, under extraordinary circumstances, consider the racial or ethnic background, color, or national origin of: 
1.  The child; or, 
2.  A family who has submitted an application to adopt or provide foster care. 
B.  A licensed child placement agency shall not delay a foster or adoptive placement of a child as a result of the racial or ethnic background, color, or national origin of: 
1.  The child; or, 
2.  A family who has submitted an application to adopt or provide foster care. 
C.  In private adoption cases, a birth parent or birth parents may designate a specific applicant with whom they may wish to place their child for purposes of adoption. 

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