Tracking# 2012-00749 
FA/P 10/5/12, eff. 12/1/12 

I:/12050101.rtf 
(I:/12050101.doc) 

(12 CCR 2509-1)

[Instructions: Statement of basis and purpose is incorporated with Tracking# 2012-00750, #12-5-3-1] 

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(12 CCR 2509-4)

[Instructions: replace line 2075789.] 
7.301.24  Family Service Plan Out-of-Home Placement Documentation [Rev. eff. 12/1/12] 

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[Instructions: replace lines 2075836 through 2075837.] 
Q.  Requirements for use of Other Planned Permanent Living Arrangement goals as follows: 
1.  The county department may consider Other Planned Permanent Living Arrangement (OPPLA) as a permanency goal: 
a.  For youth sixteen (16) years of age or older in exceptional circumstances and who have co-occurring complex conditions that preclude their return home, adoption, legal guardianship or permanent custody. 
b.  For children and youth who are in the unaccompanied refugee minor program regardless of their age. 

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[Instructional note: Section 7.306.35 was deleted and has already been removed in the CCR based upon expiration in S.B. 11-078.] 

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[Instructions: replace sections 1671625 through 1671626.] 
7.306.4  ADOPTION ASSISTANCE SERVICES [Rev. eff. 12/1/12]
Colorado operates two adoption assistance programs: the Title IV-E program and the state and county-only (non-Title IV-E) program. 

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[Instructions: replace line 1860492.] 
7.306.41  Title IV-E Adoption Assistance Program [Rev. eff. 12/1/12]

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[Instructions: replace lines 1860526 through 1860565.] 

[B.] 
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 Federal Fiscal 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, 2009 (Federal Fiscal Year 2010) 
1)  Turns sixteen (16) years of age or older at any time during this Federal Fiscal Year; 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, 2010 (Federal Fiscal Year 2011) 
1)  Turns fourteen (14) years of age or older at any time during this Federal Fiscal Year; 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, 2011 (Federal Fiscal Year 2012) 
1)  Turns twelve (12) years of age or older at any time during this Federal Fiscal Year; 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, 2012 (Federal Fiscal Year 2013) 
1)  Turns ten (10) years of age or older at any time during this Federal Fiscal Year; 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, 2013 (Federal Fiscal Year 2014) 
1)  Turns eight (8) years of age or older at any time during this Federal Fiscal Year; 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, 2014 (Federal Fiscal Year 2015) 
1)  Turns six (6) years of age or older at any time during this Federal Fiscal Year; 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, 2015 (Federal Fiscal Year 2016) 
1)  Turns four (4) years of age or older at any time during this Federal Fiscal Year; 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, 2016 (Federal Fiscal Year 2017) 
1)  Turns two (2) years of age or older at any time during this Federal Fiscal Year; 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, 2017 (Federal Fiscal Year 2018): rule 7.306.41, B, 7, applies to any child being adopted regardless of age, time in placement or sibling placement status. 
8.  Beginning on October 1, 2009 (Federal Fiscal Year 2010), if the youth reaches the age of sixteen (16) prior to the signatures on the adoption assistance agreement, the agreement can continue up to age twenty-one (21), if the youth meets one of the following criteria: 
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.

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(12 CCR 2509-5)

[Instructional note changes to Section 7.402.4, B, 2 have been incorporated with Tracking# 2012-00750.] 

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(12 CCR 2509-6)

[Instructions: replace lines 2288668 through 2288669.] 
7.500.31  Family Foster Care Homes [Rev. eff. 12/1/12]
Family foster care homes are certified by county departments; family foster care homes associated with Child Placement Agencies (CPAs) are certified by the CPA. 

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[Instructions: insert new item after line 2288683.] 
K.  A county director or his/her designee may take the following actions for prospective or current kinship family foster care home providers. Decisions shall be made case-by-case and the safety and well-being of a child or youth placed in the home shall not be compromised: 
1.  Waive non-safety certification standards for kinship family foster care providers defined in Section 7.708.11 and referenced in 7.708.7 (12 CCR 2509-8); 
2.  Require special conditions for certification that address the safety or well-being needs for a child or youth; 
3.  Limit or restrict a certificate; and/or, 
4.  Require a written agreement for compliance that addresses safety and well-being needs for a child or youth. 

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(12 CCR 2509-8)

[Instructions: insert new section(s) after line 2302360.] 
7.708.7  AUTHORITY TO WAIVE NON-SAFETY CERTIFICATION STANDARDS FOR KINSHIP FAMILY FOSTER CARE PROVIDERS [Eff. 12/1/12] 
A county director or his/her designee may waive non-safety certification standards for prospective or current kinship family foster care providers defined in Section 7.708.11 (12 CCR 2509-8). The safety and well-being of the child or youth shall not be compromised. The following non-safety certification standards may be waived case-by-case: 
A.  Certification of Family Foster Care Homes
1.  Two (2) of three (3) references are not related to the applicant referenced in Section 7.708.21, F. 
2.  Certificates shall not be granted to applicants who are less than twenty-one (21) years of age on the date of application referenced in Section 7.708.21, H. 
3.  A license or certificate shall not be granted for a family foster care home unless the application has demonstrated the ability to manage a household so that the certifying authority may determine that the applicant is able to acquire food, materials, and other equipment as may be required for child care referenced in Section 7.708.21, K. 
4.  Each foster parent shall have a health assessment within one (1) year prior to certification or within thirty (30) calendar days after certification and thereafter as required, in writing, by a licensed health care professional. The reports of the medical examinations shall be dated and signed by the examining physician or nurse practitioner and shall be provided to the certifying authority. Reports shall include a statement of the evaluation of the person's physical ability to care for children and youth in foster care. 
If, in the opinion of the licensed health care professional or the assessment worker, an emotional or psychological condition exists which would have a negative impact on the care of children and youth in foster care, the issuance of a license shall be conditioned upon the satisfactory report of a licensed mental health practitioner referenced in Section 7.708.21, L. 
B.  Facility Standards 
1.  A minimum of seventy-five (75) square feet per child in foster care who is between twelve (12) months and five (5) years of age referenced in Section 7.708.22, B, 1. 
2.  Archery bows that require professional stringing must be unstrung referenced in Section 7.708.22, B, 2. 
3.  A child or youth shall sleep in a crib or bed in a clean, well-ventilated room, which is not customarily used for other purposes such as a kitchen, dining room, hall, or bathroom. There shall be a minimum of forty (40) square feet of floor space for the bed for each child or youth in foster care, and they should be placed at least two feet apart when arranged in parallel referenced in Section 7.708.22, B, 8. 
4.  No family foster care home shall be used for rental income referenced in Section 7.708.22, B, 9. 
5.  All stairways containing more than four (4) steps shall be equipped with a handrail referenced in Section 7.708.26, E. 
C.  Ongoing Operation of Family Foster Care Homes
1.  Except for emergency placements, children and youth in foster care over the age of eighteen (18) months shall not sleep in the same room as unrelated adults on a regular basis. Sleeping rooms for unrelated children and youth in foster care shall not be shared by others in foster care who are of the opposite sex when one of the individuals in foster care is over four (4) years old as referenced in Section 7.708.31, G, 3. 
2.  Not more than two (2) infants, whether birth, adoptive, or foster children under the age of two (2) years, shall be cared for in a family foster care home, except under unusual circumstances such as multiple births, referenced in Section 7.708.31, H, 1. 
3.  Personal Care and Safety of the Foster Child 
a.  Home pressure-canned fruits and vegetables and canned meats cannot be served, referenced in Section 7.708.42, E.
b.  Each foster child's clothing shall be distinguished as his/her own clothing, referenced in Section 7.708.44, B, 1. 
7.708.71  Procedures for Waiving Non-Safety Certification Standards [Eff. 12/1/12] 
A.  Each waiver shall be considered case-by-case; and, 
B.  Shall be documented on the prescribed State Department form; and, 
C.  The documentation shall contain a description of the applicability of the waiver to the safety or well-being needs of the child or youth with a kinship/relative relationship to the prospective or current kinship family foster care provider; and, 
D.  The documentation shall be placed in the certification record; and, 
E.  A summary of the waiver information shall be documented on the certificate. 
7.708.72  Special Conditions, Restrictions, or Requirements for Certification of Prospective or Current Kinship Family Foster Care Providers [Eff. 12/1/12] 
A county director or his/her designee may take the following actions to address the safety or well-being needs of a child or youth: 
A.  Require special conditions for certification; 
B.  Limit or restrict a certificate; and/or, 
C.  Require a written agreement for compliance.
7.708.73  Circumstances When Certification Standards Shall not be Waived [Eff. 12/1/12] 
A.  The safety or well-being of a child or youth is compromised.
B.  Background checks, including: 
1.  A fingerprint-based criminal history check of CBI and FBI records; 
2.  A child abuse/neglect records check in every state where the adult has resided in the five (5) years preceding the date of application for each adult eighteen (18) years of age and older) living in the home; 
3.  A comparison search in the Colorado State Courts data access, using the name and date of birth with available criminal history information for each adult eighteen (18) years and older living in the home; 
C.  Twenty-seven (27) hours of initial pre-certification training and ongoing training referenced in Section 7.708.65, C and D; and/or, 
D.  Required denials of applications or certificates referenced in Section 7.500.312, D and 26-6-104 (7)(a)(I)(A-F), C.R.S. 
7.708.74  Appeals of Decisions [Eff. 12/1/12] 
Prospective and current kinship family foster care providers do not have the right to appeal the decision made by a county director or his/her designee related to waivers of non-safety certification standards. 

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