Tracking# 2013-01001
FA/P 11/8/13, eff. 1/1/14

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(I:/13080601.doc) 

(12 CCR 2509-1)

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Revisions to Sections 7.000.3, 7.001-7.001.11, 7.200-7.200.13, 7.303.11-7.303.13, 7.401.21, 7.406.1, and 7.415 were final adoption following publication at the 11/8/2013 State Board meeting (Rule-making# 13-8-6-1), with an effective date of 1/1/2014. 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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7.000.3  PROGRAM AREAS (PA) [Rev. eff. 1/1/14]
Services are available from county departments in the following Program Areas:
A.  Program for Prevention and Intervention Services to Children, Youth and Families at Risk of Involvement with Child Welfare (PA3) 
B.  Program for Youth in Conflict (PA 4)
C.  Program for Children in Need of Protection (PA 5)
D.  Program for Children and Families in Need of Specialized Services (PA 6)
E.  Program for Resource Development (PA 7)

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7.001  PREVENTION AND INTERVENTION DEFINITIONS [Eff. 1/1/14]
Prevention and intervention services are intended to support families to safely care for their children and/or youth, and to prevent entry or re-entry into the child welfare system.
A.  Prevention services are voluntary and based on a human services professional decision regarding the family’s need and on youth and family choice. Services may include: 
1.  Services that reduce risk and increase protective factors to decrease the likelihood of child abuse and neglect; or, 
2.  Services provided when a child or youth is in conflict with his/her family members, community, or at risk for abuse or neglect and do not meet the definition of unsafe as found in section 7.202.3.
Services cannot be provided when the child’s circumstance meets the definition of unsafe as found in section 7.202.3.
B.  Intervention services are voluntary and based on a human services professional decision regarding the family’s need and youth and family choice. Services may include: 
1.  Proactive efforts to intervene when the immediate health, safety or well-being of a child is not at-risk; or, 
2.  Services provided after a referral has been screened out; or,
3.  Services provided when a case is assessed as not requiring child protection or youth in conflict services and the case is closed; or,
4.  Services provided when a child welfare case has been closed, the child is safe as defined in section 7.202.3, and additional supports would improve a family’s protective factors and reduce the possibility of recurrence of abuse or neglect.
7.001.1  REFERRAL [Rev. eff. 1/1/14] 
A.  The county department shall provide a referral and intake process wherein all persons have the opportunity to apply for services. In the referral and intake process, the assigned social service staff shall accept applications and screen referrals.
B.  A referral report shall be completed in all appropriate situations, and at a minimum must include:
1.  Demographic information
2.  Referring source
3.  Results of initial assessment
4.  Dispositional decision
C.  The county department, if requested, shall provide the referring source with an explanation of the action taken as a result of the referral.
7.001.11  Application [Rev. eff. 1/1/14] 
A.  An application must be taken from all persons requesting services. Such application may be either oral or in writing, but in all instances shall be entered on the prescribed state application form with the date of application. The application shall be signed by the applicant prior to approving services or the reason the applicant was unable to sign shall be documented on the application form. County departments shall enter required information into the Department's automated reporting system.
B.  Social service staff shall advise clients of services which are applicable to their needs with sufficient clarity to enable the client to apply for those services applicable to their situation.

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(12 CCR 2509-3)

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7.200  OVERVIEW OF CHILD WELFARE SERVICES - PROGRAM AREAS 3, 4, 5, and 6 [Rev. eff. 1/1/14]
Child Welfare Services constitutes a specialized set of services defined at Section 26-5-103, C.R.S., that are intended to strengthen the ability of families to protect and care for their own children, prevent involvement or continued involvement in the child welfare system, 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. 

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7.200.1  PROGRAM AREA 3 - PROGRAM FOR PREVENTION AND INTERVENTION SERVICES FOR CHILDREN, YOUTH, AND FAMILIES AT RISK OF INVOLVEMENT WITH CHILD WELFARE [Eff. 1/1/14]
The Program Area 3 (PA3) program provides prevention and intervention services for children, youth, and families at risk of involvement with child welfare. Services may be provided to assist families to safely care for their children.
7.200.11  Eligibility Criteria [Eff. 1/1/14]
A.  County Department
A county is eligible to provide Program Area 3 prevention and intervention services when the county has a state-approved service delivery plan. The service delivery plan shall be submitted as an addendum to the Core Services Plan and shall include the process for referral and assessment to the prevention and intervention service. 
B.  Families, Youth, and Children
Families, youth, and youth/children are eligible for prevention and intervention services if a child/youth is in conflict with his/her family members, in conflict with the community, or at risk of abuse or neglect and do not meet criteria for a child protection or youth in conflict case.
Families, youth, and children are eligible for prevention and intervention services if a human services professional has determined the family has a need for the service. 
C.  Community Agency or Another Division within the County Department
A community agency or another division within the county department is eligible to refer a family, youth, or child for prevention or intervention services, or to provide services to a family, youth, or child if so stated in the county’s state-approved service delivery plan addendum to the Core Services Plan. 
7.200.12  County Responsibilities
The county department shall be responsible: 
A.  To deliver prevention and intervention services according to the state-approved service delivery plan that is an addendum to the Core Services Plan. 
B.  To  ensure community agencies and/or other divisions within the county provide prevention and intervention services according to the state-approved service delivery plan.
C.  To ensure community agencies and/or other division within the county department refer families, youth, and children to the prevention and intervention service according to the contract with the county Child Welfare Division. 
D.  To ensure community agencies and/or other divisions of human services offer prevention or intervention services according to the contract with the county department. 
E.  To ensure documentation in the approved statewide automated system of the names, age, ethnicity, gender, service provided, and the reason the service ended for families, youth, and children referred for or provided prevention and intervention services. 
F.  To ensure documentation in the approved statewide automated system(s) of all required data elements of each funding source used for prevention and intervention services. 
7.200.13  Funding Sources [Eff. 1/1/14] 
Counties may use any available funding source to provide services under program area three, in accordance with the rules and requirements governing the specific funding stream utilized. 

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(12 CCR 2509-4)

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7.303.11  Program Goals [Rev. eff. 1/1/14]
The goals of the Core Services Program are to:
A.  Focus on the family strengths by directing intensive services that support and strengthen the family and/or protect the child;
B.  Prevent out-of-home placement of the child;
C.  Return children in placement to their own home; or,
D.  Unite children with their permanent families.
E.  Provide services that protect the child.
“To return children in placement to their own home or to unite children with their permanent families”  is defined as return to the home of a parent, an adoptive placement, guardianship, independent living placement, foster-adoption placement or to live with a relative/kin if the goal for the child in the Family Services Plan is to remain in the placement on a permanent basis.
7.303.12  Access 
County departments must make all of the Core services, except for county designed services, available to any client who meets the criteria for the service as documented in the Family Services Plan.
7.303.13  Program Eligibility [Rev. eff. 1/1/14]
In order to be eligible for the Core Services Program, each child, youth, and family shall: 
A.  Meet Program Area Three eligibility criteria; or, 
B.  Meet the criteria for Program Area 4, 5, or 6 target group; and,
1.  Meet the Colorado out-of-home placement criteria at the time of each placement in any Core Services Program; and/or,
2.  Require a more restrictive level of care but may be maintained at a less restrictive out-of-home placement or in his/her own home with Core Services.

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(12 CCR 2509-5)

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7.401.21  Plan Procedures [Rev. eff. 1/1/14]
County department(s) of social/human services' proposed Early Intervention and Prevention Program Plan shall be included in and follow the prescribed format of the Core Services Program Plan as outlined in Section 7.401.12. 

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7.406.1  THE STATE REIMBURSES WHEN [Rev. eff. 1/1/14]
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S.  The Core Services Program is operated within applicable state rules and within the provisions of the county or multi-county state approved Core Services Plan and in accordance with the requirements governing the specific funding streams used. 
T.  Client travel costs for out-of-state placement and supervision activities are related to out-of-home placements approved through the Interstate Compact county liaison and the receiving state Interstate Compact on the Placement of Children office. Staff travel costs are reimbursed through county administration.
U.  Payments for out-of-home care and rate adjustments are pro-rated using the foster care daily rate in the State Department's automated reporting system.
V.  The developmental disability rate for children placed in family foster care, kinship family foster care, receiving home care, specialized group care in specialized group homes and centers, specialized foster care in county certified family foster homes, and homes in which a subsidized adoption maintenance payment is made.
W.  The county department for expenditure for clothing purchased for a child in out-of-home care. The state reimburses retroactive clothing payments not greater than the current and two preceding months.

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7.415  REPORTING [Rev. eff. 1/1/14]
A.  The county department shall make timely and accurate reports in all applicable automated reporting systems operated by the state. The reporting of placements and placement changes in the automated reporting systems operated by the state shall be made prior to the next payroll.
B.  The county department shall report client prevention, intervention, referral, assessment, service, case and placement information in the automated reporting systems operated by the state when one or more of the following occurs: 
1.  The county department provides Program Area 3 services directly, through another division or through a community agency; or, 
2.  The county department opens a case and determines the target group eligibility or re-determines a change in target group eligibility; or,
3.  The child is in out-of-home or Core Services care and the funding source is determined or changes; or,
4.  An out-of-home, relative, adoption assistance, Relative Guardianship Assistance, or Core Services care placement is made, the placement changes or ends, or a change in the level or nature of a payment must be authorized; or,
5.  A court orders a change in the custody of a child or other legal action occurs; or,
6.  The State Department's automated system special consideration codes are relevant; or,
7.  The child is legally free for adoption; or,
8.  The child is placed for adoption and gets a new identity (name, household number, State ID); or,
9.  The child is in Colorado from another state for Interstate Compact on the Placement of Children supervision or Medicaid only; or,
10.  Within thirty (30) calendar days of a decision to close.
C.  The county department shall report confirmed incidents of abuse and neglect in the State Department’s automated system.
D.  The county department shall report the Medicaid eligibility status of children out-of-home or in subsidized adoption using the FCS-100 system, when a child has:
1.  Eligibility for Medicaid and in out-of-home care or subsidized adoption; or,
2.  Categorical status or medical resource code changes; or,
3.  Changes from one placement to another; or,
4.  Been placed for adoption and gets a new identity (name, household number, State ID); or,
5.  Eligibility for an in-state medical effective span; and,
6.  Is in Colorado from another state and receiving Medicaid only (COBRA).
E.  The county department shall leave a case open on the Department's automated system for each child with a current subsidized adoption agreement. When the subsidized adoption agreement is terminated, the county shall close the child's case on the State Department's automated system and the FCS-100, if applicable.
F.  For purposes of reporting and maintaining confidentiality in the State Department's automated system and other systems, the county department shall create a new adoptive identity (name, household number, state ID) different from the birth identity when the adoption of the child has been finalized, except in the following circumstances: 
1.  The name or identity of the child is not changed in the adoptive home. The birth name and birth state identification number is maintained.
2.  The child is adopted by relatives and the name or identity is not changed after the adoption. The relative(s) is the caretaker(s) of the child in the birth case.
G.  The county department shall consider siblings and their parents or legal caretakers as one household unit. When parental legal rights are terminated or relinquished, the new household unit may be an individual child or all siblings, depending upon whether the case plan is to place the siblings separately or together.
H.  The county department shall obtain Social Security Numbers for children and enter them into the State Department's automated system.
I.  The county department shall provide information when requested by the state for special studies.

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