Tracking #2012-00046
FA/P 3/2/12, eff. 5/1/12 

I:/11100301.rtf
(I:/11100301.doc) 

(12 CCR 2509-1)

[Instructions:  insert before line 1585539.] 
Revision of Sections 7.001.45, 7.003.3, 7.304.52, and 7.403; addition of Sections 7.300.1 and 7.417.6; and, deletion of Sections 7.001.5 and 7.303.26 were final adoption following publication at the 3/2/2012 State Board meeting (Rule-making#s 11-10-3-1, 11-11-16-1, and 11-11-29-1), with an effective date of 5/1/2012. 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, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.

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[Instructions: replace lines 1585551 through 1585561.] 
7.001.45  Title IV-A Emergency Assistance [Rev. eff. 5/1/12]
The county department shall determine eligibility for the Title IV-A Emergency Assistance Program anytime services are provided or purchased for families with children at risk of placement or when the worker transfers an intake case for on-going services.
A.  Eligibility Factors
The eligibility determination shall be documented on the state prescribed form and shall include:
1.  Whether an emergency exists, defined as the removal of a child from his or her home into publicly funded care or state or county supervision, or risk of such removal as determined by the responsible state or county agency officials.
2.  Whether the child has lived with a relative anytime within the 6 months preceding the Title IV-A Emergency Assistance application. See the Income Maintenance manual for requirements of relative (9 CCR 2503-1).
3.  Whether the family's total gross annual income is under $75,000.
B.  Maintenance of Effort (MOE)
Expenditures of services to or on behalf of eligible members of an Emergency Assistance eligible family can be attributed to the State's TANF Maintenance of Effort requirement if a child is living in the household with the parent or other adult relative. The Maintenance of Effort entitlement shall be recorded in the automated case management system if a case is opened for the child.
C.  Required Time Frames
The county shall complete the eligibility determination within thirty (30) business days of case opening. The eligibility effective date can be no earlier than the date when the application is initiated.

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[Instructions: replace lines 1649019 through 1649032.] 
7.003.3  PURCHASE OF PROGRAM SERVICES [Rev. eff. 5/1/12]
A.  The purchase of program services:
1.  May or may not require a contract depending upon the specific service purchased.
2.  Does not require state department prior approval as long as the service is authorized by state rule.
B.  Authorized Non-Contractual Program Case Services
1.  Transportation for children in out-of-home care, limited to the following purposes:
a.  For return of runaways, who are in county department custody, to their Colorado home county.
b.  For a child in out-of-home care to receive services specified in the Family Services Plan that are directly related to visitation and reunification.
c.  To facilitate a permanent plan through the Interstate Compact.
d.  To access one-time physical, dental, and psychological examinations for children in out-of-home care who are not Medicaid eligible and have no other insurance.
2.  A one-time physical, dental, and psychological examination for children in out-of-home care who are not Medicaid eligible and have no other insurance.
3.  Case services authorized in the Subsidized Adoption Services Section that are specified in a current signed subsidized adoption agreement.
4.  Other case services provided to children in out-of-home placement when such services are not a part of either room and board or Medicaid treatment or case management services.

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(12 CCR 2509-4)

[Instructions: delete lines 1671006 through 1671007; Section 7.303.26 is deleted.] 

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(12 CCR 2509-5)

[Instructions: replace lines 1426816 through 1426835.] 
7.403  SPECIAL NEEDS DETERMINATION [Rev. eff. 5/1/12] 
The special needs allowance is an additional resource that can be used to increase the level of income a child can have and still be eligible for Medicaid.
A.  In order to be eligible for the special needs allowance, as outlined in the Need Standard in the Income Maintenance staff manual (9 CCR 2503-1), the family must meet the following criteria:
Criterion #1:
The child may be at imminent risk of out-of-home placement because one or more of the following conditions exist:
1.  Abandonment by or incarceration of parents/relatives/caretakers;
2.  Abuse/neglect - as defined in the Children's Code;
3.  Domestic violence - as defined in Section 18-6-800.3, C.R.S.;
4.  Conditions that exist to such a degree for either the child or caretaker so that the caretaker is unable to care for the child:
a.  Substance abuse; drug exposed infants
b.  Mental illness
c.  Disability
d.  Physical illness
e.  Homelessness
5.  Beyond control of parents;
6.  Danger to self, others, or community;
7.  Infant or young child of teen parent in placement;
8.  Delinquency - adjudicated delinquent meeting current out-of-home placement criteria written pursuant to Section 19-2-907 and 19-2-212, C.R.S.;
9.  Relinquishment or termination of parental rights;
10.  Child returning home from out-of-home placement or moving to less restrictive level-of-care.

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[Instructions: insert before line 1427185.] 
7.417.6  MONTHLY PROVIDER BILLING [Eff. 5/1/12] 
A certification shall be prepared and signed by the provider monthly and used by the county business office to verify the days the children are in the facility. This shall be done using the Colorado Department of Human Services prescribed form. These forms are due in the county departments of social/human services by the end of the month in which care was given. These forms shall be kept on file and available for audit.