NPR Tracking# 2006-01133
(formerly Emergency# 2006-01176)

I:/06092601.rtf
[I:/06092601.doc]

(12 CCR 2509-1)

[Instructions/guidelines:  insert before line 1035602.]
Revisions to Sections 7.001.41, 7.406.1, and 7.406.2 were final (permanent) adoption of emergency basis at the 12/1/2006 State Board meeting, with an effective date of 12/1/2006 (Rule-making #06-9-26-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

[Instructions:  replace lines 1035799 through 1035886]

7.001.41  Title IV-E Foster Care [Rev. eff. 12/1/06]
Title IV-E of the Social Security Act provides federal matching funds to help pay for the cost of foster care for eligible children. It also pays for training and administrative costs associated with the delivery of services to Title IV-E eligible children.
A.  Eligibility Verification and Documentation
1.  Verification of the child's citizenship or alien status is required. Other information received by the county department to support a Title IV-E eligibility determination does not require verification unless it conflicts with other information in the possession of the department. If such a conflict occurs, the county department shall use verification procedures provided in the Income Maintenance staff manual section for the Colorado Works Program to resolve the conflict (9 CCR 2503-1).
2.  The county department shall document each of the eligibility factors on the state prescribed form. The county must ensure that a copy of the signed voluntary placement agreement or court order and any required verifications are present in the case file.
3.  The county department shall use the following eligibility effective dates in the Department's automated reporting system:
a.  The eligibility effective date of the child for Title IV-E shall be the first day of the month in which all eligibility criteria for the child are met, but can be no earlier than the first day of placement.
b.  The date of eligibility of the placement for reimbursements through Title IV-E is the first day of the month in which all the Title IV-E provider eligibility criteria are met.
c.  With respect to the court order/petition, the date that is used is the date of the court order or the date a petition is filed for custody of the child which eventually leads to a court ordered removal of the child from the home.
B.  Title IV-E Eligibility Criteria for a Child - Initial Determination
1.  The child was removed from his/her parent(s) or other specified relative either by:
a.  A voluntary placement agreement entered into by the child's parent or legal guardian; or,
b.  Order of the court.
2.  The first court ruling sanctioning the removal of the child from the home must contain findings to the effect that:
a.  Continuation in the home would be contrary to the welfare of the child; or,
b.  Out-of-home placement is in the best interests of the child.
If this “best interests”  determination is not recorded in the first written court order, signed by a judge or magistrate, pertaining to the removal of the child from the home, a transcript of the findings and orders from the court proceeding is the only other documentation that can be accepted to verify that the required judicial determination was made. Neither affidavits nor subsequent “nunc pro tunc”  orders are acceptable verification for meeting the “best interests”  requirement.
3.  There must be an order of the court within 60 calendar days after the date the child is placed in out-of-home care with a finding to the effect that:
a.  Reasonable efforts have been made to prevent the removal of the child from the home; or,
b.  An emergency situation exists such that the lack of preventative services was reasonable; or,
c.  Reasonable efforts to prevent the removal of the child from the home were not required. (See Section 7.304.53, B, 3, for circumstances in which the court may determine, that reasonable efforts to prevent removal are not required).
If a “reasonable efforts to prevent the removal”  determination was made by the court as required, but was not recorded in the original written court order signed by the judge or magistrate pertaining to that judicial determination, a transcript of the findings and orders from the court proceeding is the only other documentation that can be accepted to verify that the required determination was made. Neither affidavits nor subsequent “nunc pro tunc”  orders are acceptable verification for meeting this “reasonable efforts”  requirement.
4.  The county is granted legal custody of the child or the child is in out-of-home care under a voluntary placement agreement.
5.  The child must have lived with a parent or other specified relative from whom the child is removed through a voluntary placement agreement or court-ordered custody with the county department in the month, or within the six months preceding the month, in which the voluntary placement agreement was signed or court proceedings were initiated to remove the child.
6.  A child removed through a “constructive removal”  shall be determined Title IV-E eligible if all other applicable criteria for Title IV-E eligibility are met.
A constructive removal occurs when all of the following apply:
a.  The child resides with a non-parent caretaker who is not the legal custodian or guardian of the child; and,
b.  The child is court ordered into the custody of the county department or placed through a voluntary placement agreement; and,
c.  The child remains in the home of the caretaker who serves as the out-of-home care provider to the child after the county is awarded custody or obtains the agreement for voluntary placement.
7.  To be eligible for Title IV-E, the child must be determined eligible for Aid to Families with Dependent Children (AFDC) in accordance with the July 16, 1996, regulations (and exceptions as allowed).
C.  Title IV-E Eligibility Criteria of a Provider
For the placement costs of a Title IV-E eligible child to be claimable through Title IV-E funding the provider must be a Title IV-E eligible provider. An out-of-home provider must be fully licensed or fully certified to be a Title IV-E eligible provider.
Placement costs of Title IV-E eligible children placed with provisionally licensed or provisionally certified out-of-home care providers will not be claimable through Title IV-E foster care as they are not fully licensed or fully certified providers.
Administrative costs for an otherwise Title IV-E eligible child who is placed in less than fully licensed or fully certified out-of-home care placements are not claimable through Title IV-E funding, except when the child is placed with a relative and the relative is pursuing full foster care certification. Administrative costs can be claimed for up to six months while the child remains in placement with a provisionally certified relative provider. 
Administrative costs are not claimable through Title IV-E funding for children who are placed in facilities that are not Title IV-E eligible facilities, such as a detention placement, except for the calendar month in which a child moves from a facility that is not eligible for Title IV-E funding to a Title IV-E claimable out-of-home care facility. 
D.  AFDC Eligibility Tests
Title IV-E requires that eligibility for Aid to Families with Dependent Children (AFDC) must be determined in accordance with the regulations as in effect on July 16, 1996, and exceptions as allowed. See AFDC rules from July 16, 1996. The AFDC eligibility month is the month court proceedings leading to the removal were initiated or the month in which a voluntary placement agreement was signed.
1.  Living with a Relative - The child must have lived with a parent or other specified relative:
a.  During the month in which court proceedings to remove the child were initiated or a voluntary placement agreement was signed; or,
b.  Sometime within the 6 months preceding the month in which court proceedings to remove the child were initiated or a voluntary placement agreement was signed.
2.  Deprivation of Parental Support - The child must be deprived of parental support or care of one or both parents by reason of:
a.  Death;
b.  Incapacity - physical or mental;
c.  Continued absence from the home; or,
d.  Unemployment - deprivation due to unemployment exists when: 
1)  both of the child's natural or adoptive parents resided in the removal home in the month the voluntary placement agreement was signed or court proceedings were initiated to remove the child from the home; and, 
2)  the household income, after AFDC income tests are applied, is less than the need standard for the household .
3.  Determination of Need
The income and resources of the household members of the removal home must be within the allowable standards for an AFDC assistance unit. Refer to the AFDC rules from July 16, 1996, to determine which members of the household are considered in the determination of income and resources.
a.  Resources - The family must have less than $10,000 in countable resources.
b.  Income Test - The household income after AFDC income tests are applied must be less than the need standard for the household.
4.  Additional AFDC Eligibility Factors
a.  Age - The child must be under eighteen (18) years, or if over 18 but not yet 19 years of age, must be a fulltime student in a secondary school or in the equivalent level of vocational or technical training and expected to complete the program before age 19. Such children are eligible for Title IV-E though the month of completion of the educational program.
b.  Citizenship - The child must be a United States citizen, naturalized citizen, or qualified alien to be eligible of Title IV-E. Refer to Section 3.140 of the Income Maintenance manual (9 CCR 2503-1).
c.  Residency - The child must be a resident of Colorado. If the child's residency is from another state, that state is responsible for determining Title IV-E eligibility of the child.
E.  Eligibility Factor - Voluntary Placement Agreement
1.  A voluntary placement agreement must be completed and signed by the parent(s) or legal guardian and the county department.
2.  Eligibility for Title IV-E foster care can begin no earlier than the signature date of the voluntary placement agreement
3.  Voluntary placement agreements are limited to 90 calendar days. If placement of the child is to continue beyond 90 calendar days, the county department must obtain a petition to review the need for placement that leads to a court order granting the county department legal custody.
4.  There must be an order by the court within 180 calendar days of the child's placement in foster care that “continued placement is in the best interests of the child” , or words to that effect. If such an order is not made by the court within the allowable 180 calendar days, the child is not eligible for Title IV-E foster care reimbursement for the remainder of the child's placement in out-of-home care.
F.  Eligibility Factor - Relinquishment
If a child is relinquished to the county department, the county shall petition the court to judicially remove the child even though the parent relinquished the child to the agency. Children relinquished to the county department can be Title IV-E eligible when:
1.  The child had last been living with the parent within six months of the date court proceedings were initiated.
2.  The court order contains the findings shown at Section 7.001.41, B.
3.  The child meets other eligibility factors.
G.  Minor Parent and Child in Mutual Care
A child residing in mutual out-of-home care with his/her adult parent is not considered removed from the parent because the child continues to reside with the parent in the same residence; therefore, the child is not IV-E eligible.
When the parent is a minor and the minor parent has been determined eligible for Title IV-E foster care, the child's placement costs are reimbursable through Title IV-E foster funding as an extension of the minor parent's cost of care.
H.  Required Time Frames
1.  The county department is responsible for determining the eligibility of every child entering out-of-home foster care within 45 calendar days of the placement date unless good faith efforts have been made and recorded in the child's record.
2.  Counties shall redetermine eligibility using the state prescribed form every twelve (12) months from the date the child enters foster care.
I.  Referral to Child Support Enforcement
The county department shall refer every child determined eligible for Title IV-E foster care to the county department's Child Support Enforcement Unit for child support services, except when the:
1.  Child is in continuous placement for less than 31 days.
2.  Child's absent parent is unknown.
3.  Best interests of the child would not be served, such as when parental rights have been terminated or the Family Services Plan documents that family contact is inappropriate.
4.  Child's deprivation status under Title IV-E eligibility is “Unemployment” .
J.  Redetermination of Title IV-E Eligibility Requirements
1.  Court Order
a.  A court order must remain in effect which grants legal custody of the child to the county department or a petition to review the need for placement was filed and the court has ordered legal authority for continued placement within 180 calendar days of the date a child entered out-of-home care by voluntary placement agreement. 
b.  Effective March 27, 2001, there must be an order of the court finding that the county department has made reasonable efforts to finalize a permanency plan. This finding must be made within 12 months of the date the child enters foster care, and every 12 months thereafter while the child remains in out-of-home care. If 12 months elapse without this judicial determination, eligibility for Title IV-E foster care temporarily ends. Title IV-E eligibility can resume the 1st day of the month in which the finding is made.
2.  Redetermination of AFDC Eligibility
Refer to Section 7.001.41, D, and AFDC rules as in effect in July 16, 1996, except for differences states below:
a.  Deprivation of Parental Support - The child must continue to be deprived of parental support or care of one or both parents. Title IV-E funding is not claimable during episodes when no deprivation of parental support exits.
b.  Determination of Need
1)  Income - Only income of the child is to be considered for redetermination of Title IV-E eligibility. The child's income must be within 185% of the foster care maintenance cost. If the child's income exceeds this standard, the staff determining eligibility should refer to the special needs determination Section 7.403.
2)  Resources - Only resources of the child are to be considered for redetermination for Title IV-E eligibility. The child's resource limit is $10,000 in countable resources.
K.  Redetermination of Provider Eligibility
An out-of-home care provider must be licensed or certified to be a Title IV-E eligible placement. Placement costs for a Title IV-E eligible child are only Title IV-E claimable when a child is placed with a Title IV-E eligible provider.
Effective September 1, 2000, provisionally licensed or provisionally certified out-of-home care providers will not be claimable placements through Title IV-E foster care as they are not fully licensed or fully certified.
L.  Reasonable Candidates
Reasonable candidates for foster care, for the purposes of Title IV-E program, are children determined to be at risk of imminent placement out of the home as defined in Section 19-1-103(64), C.R.S. Administrative costs may be claimed for children who are determined to be at imminent risk of removal from the home through a voluntary placement agreement or court-ordered custody with the county department. A determination must be made as to whether the child is at imminent risk of removal from the home no less frequently than every six months. Reasonable efforts shall be made to prevent the removal of the child from the home until such time that pursuing removal of the child from the home becomes necessary.

(12 CCR 2509-5)

Instructions/guidelines:  replace lines 1036322 through 1036398.]
7.406.1  THE STATE REIMBURSES WHEN:  [Rev. eff. 12/1/06]
A.  The county's case record contains required program documentation. For out-of-home placement, documentation shall include the requirements listed under Section 7.304.51, Authority for Placement.
B.  Care is provided after the case is open and before the case is closed.
C.  The child is with a provider in possession of a valid certificate or license, when one is required.
D.  Placement is with an in-state Residential Child Care Facility or Child Placement Agency on the state approved vendor list or with out of state placement providers as approved through the Interstate Compact on the Placement of Children.
E.  A youth over 18 is in placement only when the court had jurisdiction before the 18th birthday and the court orders out- of-home placement.
F.  A child's absence from a particular out-of-home placement does not exceed seven days per absence, with only one seven-day total reimbursement within 30 calendar days. For absences caused by a child's hospitalization, the county may pay out-of-home care during the first 30 days of hospitalization. For children enrolled in the Children's Habilitation Residential Program Waiver, the county shall continue payment of the equivalent of the maximum federal Supplemental Security Income benefit during all absences. For absence during hospitalization, the county may pay up to the full Waiver Services daily rate approved by the State Waiver Administrator or designee given authority by the county department to negotiate CHRP reimbursement for days 15 through 30 only. For all other absences, the medical services rate shall not be paid.
G.  The out-of-home placement duration for a voluntary Title IV-E child does not exceed 180 calendar days when the county department has filed for a petition to review the need for placement by the 90th calendar day and the county has a correctly worded court order issued, based on the request of the petition to review the need for placement (see Court-Related Procedures, Section 7.304.53).
H.  The county department reports an out-of-home or Core Services Program care placement in the Department's automated reporting system within 90 calendar days of its beginning. The State reimburses for retroactive payments not greater than the current and two preceding months. See Section 5.420 in the Finance manual (11 CCR 2508-1).
I.  The county department places children in out-of-home care within the provider's licensed or certified capacity or if the licensed/certified capacity is exceeded with the placement of a sibling group. The county shall document that there are no other appropriate placements available.
J.  A child is in a Child Placement Agency or Residential Child Care Facility within Colorado for longer than 10 working days and an agreement to purchase Child Placement Agency or Residential Child Care Facility services is completed for the child.
K.  A child is in a Child Placement Agency or Residential Child Care Facility within Colorado for less than 10 working days and the facility has an emergency shelter contract with a county department.
L.  Out-of-home placement occurs in facilities holding current certificates or licenses or in certified kinship care placement.
M.  Children are placed in Child Placement Agencies and Residential Child Care Facilities outside of Colorado according to the rules for out of state placement and Interstate Compact on the Placement of Children.
N.  Respite care is paid to providers of family foster care. This includes county department or child placement agency family foster homes, or adoptive homes receiving a foster care payment and certified kinship care providers. It does not include family foster homes that provide receiving home care.
O.  The child enters care (first day) but not for the last day in care.
P.  The child is placed and removed on the same day.
Q.  The state reimburses for independent living arrangements for youth 16 through the end of the month of the 21st birthday, when the county has custody and the court has had jurisdiction before the 18th birthday. The state reimburses for independent living services for youth provided that the youth's assets do not exceed $5,000.
R.  Special Circumstance Child Care program criteria.
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.
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 department's automated reporting system.
V.  The developmental disability rate for children placed in 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, and certified kinship care.
W.  The county department for a one-time per placement expenditure for clothing purchased for a child in out-of-home care. No single payment may be more than the specified rate. The state reimburses retroactive clothing payments not greater than the current and two preceding months.
X.  The child is in out-of-home care and the county department lists a child free for adoption with the Colorado Adoption Resource Registry within 90 calendar days following:
1.  The date of relinquishment or termination of the parent-child relationship, or
2.  The date of placement into out-of-home care following an adoption dissolution.
Y.  The child is in out-of-home care, the county department requests and the State approves an exclusion from Colorado Adoption Resource Registry listing for a child free for adoption within 90 calendar days following:
1.  The date of relinquishment or termination of the parent-child relationship; or,
2.  The date of placement into foster care following an adoption dissolution.
Z.  If the state approves a Colorado Adoption Resource Registry exclusion because the county finds an adoptive home, reimbursement for out-of-home care is limited to six months from the date the state department receives the request for exclusion.
AA.  Costs are billed for the current and two preceding months.
BB.  The Early intervention and Prevention Program is operated within applicable state rules and within the provision of the county or multi- county state approved services plan.
CC.  The county department places a child with a diagnosis of developmental disability, as defined in Section 16.120 of the Department's Developmental Disabilities Services rules (2 CCR 503-1), with a service agency that has been approved by Developmental Disabilities Services. The approved service agency shall be in compliance with standards developed for children with developmental disabilities placed in care through county departments.
DD.  A child with development disabilities has been placed in a locked residential setting for treatment and the county has obtained a court order of legal imposition of disability pursuant to Section 27-10.5-110, C.R.S.
EE.  A county department pays incentives to a consortium for meeting or exceeding agreed to outcomes.
FF.  A county department may pay a consortium, if the consortium's outcome measures meet or exceed the agreed to standard.
GG.  A county department purchases Transition Program services provided by an RCCF that is on the approved State RCCF vendor list. In no case shall the rate for transition services exceed the RCCF rate approved by the county department.
HH.  Placement of a child in a provisionally certified family foster care home that is fully certified within 60 calendar days from the date of the application. 
II.  A county department documents the lawful presence of children age 18 and over receiving services other than those excluded from the definition of a federal public benefit, or state and local public benefits as those terms are defined at Section 24-76.5-102, C.R.S.

7.406.2  THE STATE DEPARTMENT SHALL NOT REIMBURSE:  [Rev. eff. 12/1/06]
A.  Out-of-home placements for a child in Colorado who is in the custody of another state. The county shall bill the other state for reimbursement.
B.  Receiving home or shelter care placements that exceed 90 consecutive days.
C.  Out-of-home placements of children who do not meet the requirements of Section 7.304.51, Authority for Placement.
D.  Out-of-home care in public child care institutions accommodating more than 25 children.
E.  Placements of children under the age of 6 years in a specialized group facility, residential child care facility, or residential treatment center except for children with documented exceptional needs which can be met only by the specifically identified facility. Documentation in the child's Family Services Plan shall include a description of the services available in that facility to address the child's specific needs.
F.  Placements of children under the age of 12 years in a specialized group facility, residential child care facility, or residential treatment center that exceed 60 calendar days unless the child has documented special treatment needs that cannot be met in family foster care. Documentation in the Family Services Plan shall include a description of the services available in that facility to address the child's specific needs.
G.  Placements in a specialized group home with a capacity in excess of 10 children unless there is written approval by the placing caseworker's supervisor. Such approval shall be based upon written documentation in the Family Services Plan that the child's needs can be met only by the specifically identified facility. The documentation shall include a description of the services available in that facility to address the child's needs.
H.  Services provided by Residential Child Care Facilities or Child Placement Agencies which are reimbursable from other funding sources.
I.  Respite care allowance paid to specialized group home or centers or for independent living.
J.  Out-of-home care for the period of non-compliance with state rules in Section 7.307.24, Colorado Adoption Resource Registry (CARR) listing and exclusion requirements.
K.  Out-of-home care if the county department does not forward the Colorado Adoption Resource Registry photo listing to the state department within 30 calendar days following the state's notification of Colorado Adoption Resource Registry exclusion denial. Reimbursement is not authorized for the period of non- compliance from the date the profile is due until the profile is received by the state.
L.  Placement of a child in a foster home if that placement will result in more than four foster children in that foster home, or a total of eight children (foster and non-foster), or more than two children under two years of age, except in those instances in which the placement of a sibling group in a foster home would exceed the limits. If the placement of a sibling group results in exceeding the above limits, no other children can be placed in the home.
M.  Placement of a child in a foster home, if that placement will result in more than two children approved for Children's Habilitation Residential Program (CHRP) waiver funding or more than two foster children and one child approved for CHRP funding.

FAMILY FOSTER HOME (COUNTY OR CPA) MAXIMUM CAPACITY	
CHRP	Non-CHRP	Total Children	
1	2	3	
2	0	2	
0	4	4	

N.  Placement of a child in a specialized group facility if that placement will result in more than 8 children and 1 child approved for, Children's Habilitation Residential Program (CHRP) funding or 5 foster children and 2 children approved for CHRP funding.
SPECIALIZED GROUP FACILITY MAXIMUM CAPACITY	
CHRP	Non-CHRP	Total Children	
1	8	9	
2	5	7	

O.  For the maintenance costs of adults in a Whole Family Placement (WFP).
P.  For children placed in WFP mentor homes when the parent(s) of said children are recipients of TANF cash assistance.
Q.  Placements of children enrolled in the Children's Habilitation Residential Program (CHRP) waiver when the county is not in compliance with rules contained in the Department of Health Care Policy and Financing's Medical Assistance Manual at Section 8.508 (10 CCR 2505-10).
R.  Placement of child in a foster home, if the foster parent(s) have not completed 12 hours of foster parent core training. If a child is already in the home, the placement shall not be disrupted, but no additional children shall be placed until the training is completed.
S.  For “child specific” or certified kinship care placements exceeding 60 calendar days in a provisional status.
T.  For children that do not have a diagnosis of developmental disability as defined in Section 27-10.5, C.R.S., and who are placed with a service agency that has been approved through Developmental Disabilities Services.
U.  For children placed in locked facilities through county departments, except as outlined in Section 7.406.1, DD.
V.  For consortium fees, if the consortium is not registered with the State Department.
W.  Placement of a child in a provisionally certified family foster care home that is not fully certified within 60 calendar days from the date of the application.