Tracking #2007-00454
FA/P 6/8/07, eff. 8/1/07

I:/07030201.rtf
[I:/07030201.doc]

(12 CCR 2509-1)

[Instructions: insert both paragraphs of the statement of basis and purpose after line 1312028.]
Revision of Sections 7.406.2, 7.701.21 - 7.701.26, 7.701.32, 7.701.34, 7.708.1-7.708.11, 7.708.21, 7.708.25, 7.708.41, 7.708.65, 7.709.1, 7.710.1, and 7.710.32 were final adoption following publication at the 6/8/2007 State Board meeting, with an effective date of 8/1/2007 (Rule-making# 07-3-2-1). 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.
Revision of Section 7.419 was adopted as emergency at the 6/8/2007 State Board meeting, with an effective date of 7/1/2007 (Rule-making# 07-5-22-1). 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.

===

(12 CCR 2509-5)

[Instructions: replace lines 1205712 through 1189193.]
7.406.2  THE STATE DEPARTMENT SHALL NOT REIMBURSE [Rev. eff. 8/1/07]
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, unless there has been prior written approval by the CHRP waiver administrator. Placements of three (3) children approved for CHRP funding may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home.  In any case, no more than three (3) children enrolled on the CHRP waiver and no (0) non-CHRP children will be placed in one foster home.  Any placement resulting in three (3) CHRP children placed in a foster home must have prior approval by the CHRP waiver administrator.

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

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, unless there has been prior written approval by the CHRP waiver administrator. If Placement of a child in a Specialized Group Center will result in more than three (3) children approved for children's Habilitation Residential Program (CHRP) funding, then the total number of children paced in that Specialized Group Center will not exceed a maximum of six (6) total children. Placements of more than three (3) children approved for CHRP funding may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home. 

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.

===

(12 CCR 2509-8)

[Instructions: replace lines 1130125 through 1188448.]
7.701.21  Types of Homes
7.701.211  Family Child Care Home [Rev. eff. 8/1/07]
“Family Child Care Home, defined at Section 26-6-102(4). C.R.S., means a type of family care home that provides less than 24-hour care for 2 or more children on a regular basis in a place of residence. Children in care are from different family households and are not related to the head of household.
7.701.212  Foster Care Home [Eff. 8/1/07]
A “Foster Care Home”, defined at Section 26-6-102(4.5), C.R.S., means a facility that is certified by the county department or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four (24) hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. The term includes any foster care home receiving a child for regular twenty-four (24) hour care and any home receiving a child from any state-operated institution for child care or from any child placement agency. 
7.701.213  Specialized Group Facility [Rev. eff. 8/1/07]
A “Specialized Group Facility”, defined at Section 26-6-102(10)(a), C.R.S. means sponsored and supervised by a county department or a licensed child placement agency for the purpose of providing twenty-four (24) hour care for three (3) or more children, but fewer than twelve (12) children except as noted below, from at least three (3) but less than eighteen (18) years of age, or for those persons less than twenty-one (21) years old who are placed by court order prior to their eighteenth birthday whose special needs can best be met through the medium of a small group. A specialized group facility may serve a maximum of one (1) child enrolled in Children's Habilitation Residential Program (CHRP) and eight (8) other foster children, or two (2) children enrolled in CHRP and five (5) other foster children, unless there has been prior written approval by the CHRP waiver administrator. If placement of a child in a Specialized Group Center will result in more than three (3) children approved for Children's Habilitation Residential Program (CHRP) funding, then the total number of children paced in that Specialized Group Center will not exceed a maximum of six (6) total children. Placements of more than three (3) children approved for CHRP funding may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home. Emergency placements will not exceed maximum established limits. Facilities that exceed established capacity at the time the rule takes effect may not accept additional children into the home until capacity complies with the rule.
SPECIALIZED GROUP FACILITY MAXIMUM CAPACITY
CHRP	Non-CHRP	Total Children	
1	     8	     9	
2	     5	     7	

SPECIALIZED GROUP CENTER MAXIMUM CAPACITY
CHRP	Non-CHRP	Total Children	
3	     3	     6	

A.  “ Specialized Group Homes or Group Centers” who are serving children enrolled in the Children's Habilitation Residential Program (CHRP) waiver shall be in compliance with rules contained within the Department of Health Care Policy and Financing's Medical Assistance Manual at Section 8.508 (10 CCR 2505-10).
B.  "Specialized Group Centers" that serve three (3) children enrolled in CHRP waiver must be staffed with sufficient staff to deal with the complex needs of the children placed in the home.
C.  A “Specialized Group Home” is located in a house owned or otherwise controlled by the group home parents who are primary responsible for the care of the children and reside at the home.
D.  A “Specialized Group Center” is located in a facility owned or controlled by a governing body that hires the group center parents or personnel who are primarily responsible for the care of the children.
7.701.214  Child Care Center [Rev. eff. 8/1/07]
“Childcare centers”, less than 24-hour programs of care defined at Section 26-6-102(1.5) C.R.S., include the following types of facilities:
A.  A “large child care center” provides care for sixteen (16) or more children between two and one-half (2-1/2) and sixteen (16) years of age.
B.  A “small child care center” provides care for five (5) through fifteen (15) children between two (2) and sixteen (16) years of age.
C.  An “infant nursery” provides care for children between six (6) weeks and eighteen (18) months of age.
D.  A “toddler nursery” provides care for children between the ages of twelve (12) months (when walking independently) and thirty-six (36) months of age.
E.  “Preschool” is a part-day child care program for five (5) or more children between the ages of two and one-half (2-1/2) and seven (7) years of age.
F.  “Kindergarten” provides a program for children the year before they enter the first grade.
G.  A “school-age child care center” means a child care center that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The centers purpose is to provide child care and/or an outdoor recreational experience using a natural environment. The center operates for more than one week during the year. The term includes facilities commonly known as “day camps”, “summer camps”, “summer playground programs”, “before and after school programs”, and “extended day programs.” This includes centers operated with or without compensation for such care, and with or without stated educational purposes.
1.  A “building-based school-age child care program” means a child care program that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center is located in a building that is regularly used for the care of children.
2.  A “mobile school-age child care program” provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade. Children move from one site to another by means of transportation provided by the governing body of the program. The program uses no permanent building on a regular basis for the care of children.
3.  An “outdoor-based school-age child care program” provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade. This program uses no permanent building on a regular basis for the care of children. Children are cared for in a permanent outdoor or park setting.
7.701.215  Children's Resident Camp [Rev. eff. 8/1/07]
A “Children's Residential Camp”, defined at Section 26-6-102(2.2), C.R.S., means a facility operating for three (3) or more consecutive 24-hour days for the care of five (5) or more children. The campers must have completed kindergarten or be at least six (6) years old to seventeen (17) years old.
A.  A residential camp may have a “Primitive Camp” which is a portion of the permanent camp premises or another site at which the basic needs for camp operation such as places of abode, water supply systems, and permanent toilet and/or cooking facilities are not usually provided.
B.  A “Trip Camp” is a camp in which children move from one site to another by means of the child's own power or by a transportation mode permitting the child's guidance of a vehicle or animal. The trip camp originates in Colorado and operates for three or more consecutive 24-hour days during the year for the care of 5 or more children who are at least 10 years old or have completed the fourth grade to 18.
7.701.216  Day Treatment Center [Rev. eff. 8/1/07]
A “Day Treatment Center”, defined at Section 26-6-102(2.4), C.R.S., means a facility that provides less than twenty-four (24) hour care for groups of five (5) or more children from five (5) to eighteen (18) years of age and for those persons to twenty-one (21) years old who are placed in the program by court order prior to their eighteenth birthday. The center must provide a structured program of various types of psycho-social and/or behavioral treatments to prevent or reduce the need for placement of the child out of the home or community. This definition does not include special education programs operated by a public or private school system or programs that are licensed by other regulations of the Department of Human Services for less than 24 hour care of children, such as a child care center or part-day preschool.
7.701.217  Child Placement Agency [Rev. eff. 8/1/07]
A “Child Placement Agency”, defined at Section 26-6-102(2), C.R.S., means any corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, who facilitates placement for a fee, or arranges for placement any child under the age of eighteen (18) years with any family, person or institution for purposes of foster care, treatment and/or adoption. The natural parents or legal guardian of any child who places that child for care with any facility licensed as a "Family Child Care Home" or "Child Care Center" shall not be deemed to be a Child Placement Agency.
To arrange for placement is to act as an intermediary by assisting a parent or guardian or legal custodian to place or plan to place a child with persons unrelated to the child for 24 hour care.
Any agency from out of state placing a child within Colorado must be licensed as a child placement agency by the Colorado Department of Human Services unless the placement services are coordinated with and provided by a county department of social services or a child placement agency licensed by the department.
7.701.218  Residential Child Care Facility [Rev. eff. 8/1/07]
A.  “Residential Child Care Facility”, defined at Section 26-6-102(8), C.R.S., shall provide twenty-four (24) hour residential group care and treatment for five (5) or more children between the ages of three (3) and eighteen (18) years old and for those persons to twenty-one (21) years old who are placed by court order prior to their eighteenth birthday. A residential child care facility must offer opportunities for a variety of experiences through a group living program and specialized services that can be used selectively in accordance with an individual plan for each child. A residential child care facility includes "Community-Based Residential Child Care Facilities, "Shelter Care Facilities", "Therapeutic Residential Child Care Facilities", and "Psychiatric Residential Treatment Facilities".
B.  "Transition Program" may be a component of an RCCF program in which the child is residing in the RCCF part of the time and in a living situation that child is expected to move to after treatment in the RCCF is completed. The purpose of transition is to enable the child to transition to the home or a less restrictive setting in a manner that prepares the child for success in the new setting.
7.701.219  Secure Residential Treatment Center [Rev. eff. 8/1/07]
A “Secure Residential Treatment Center”, defined at Section 26-6-102(9), C.R.S., means a facility operated under private ownership that provides twenty-four (24) hour group care and treatment in a secure setting for five (5) or more children or persons up to the age of twenty-one (21) who are committed by a court pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act or having been convicted as an adult and sentenced for an at that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility. 
7.701.22  Other Definitions [Rev. eff. 8/1/07]
A.  “Affiliate of a licensee” means any person or entity that owns more than five (5) percent of the ownership interest in the business operated by the licensee or the applicant for a license, or any person who is directly responsible for the care and welfare of children served, any executive, officer, member of the governing board, or employee of a licensee, or a relative of a licensee, which relative provides care to children at the licensee’s facility, or is otherwise involved in the management or operations of the licensee’s facility. 
B.  For the purposes of all child care licensing rules, the terms "child battering", "child abuse", "child molesting", and "child neglect" are terms to be considered within the definition of abuse set forth in Section 19-1-103, C.R.S., unless otherwise indicated. 
C.  "Citizen/legal resident" means a citizen of the United States, current legal resident of the United States, or lawfully present in the United States. 
D.  The “Consumer Product Safety Commission”, as referred to in rules regulating child care facilities, means the National Commission that establishes standards for the safety of children’s equipment and furnishings and for playground safety. Information about these guidelines may be obtained from the Office of Information and Public Affairs, U.S. Consumer Product Safety Commission (CPSC), Washington, D.C. 20207. The CPSC web address is http://www.cpsc.gov. The local U.S. Consumer Product Safety Commission Office is located at 1961 Stout Street, Denver, Colorado 80294. You may contact a Senior Resident Investigator in the Denver office for information. This rule refers to the current edition of the Consumer Product Safety Commission standards, in effect when rules referencing the Commission are referenced, and does not include later amendments to or editions of the standards. The standards may be examined at any State Publications Depository Library. 
E.  A “critical incident” is a serious life safety or potential life safety incident or concern that poses a danger to the life, health, and/or well-being of a child or children at the facility or of a staff member at the facility. 
F.  “Department” is the Colorado Department of Human Services. 
G.  “Facility” is any business or operation established for the purpose of providing child care services that are required to be licensed pursuant to the Child Care Licensing Act, Section 26-6-101 et seq., C.R.S.  
H.  “Final Agency Action” means the determination made by the State Department, after opportunity for hearing to deny, suspend, revoke, or demote to probationary status a license issued pursuant to the Child Care Licensing Act or an agreement between the Department and the licensee concerning the demotion of such a license to a probationary license. 
I.  “Governing body” is the individual, partnership, corporation, or association in whom ultimate authority and legal responsibility are vested for the administration and operation of the child care facility. 
J.  “Licensing specialist” is the authorized representative of the Colorado Department of Human Services who inspects child care facilities to ensure compliance with licensing requirements and to investigate possible violations of those requirements. 
K.  “Negative licensing action” means a Final Agency Action resulting in the denial, suspension, or revocation of a license issued pursuant the Child Care Licensing Act or the demotion of such a license to a probationary license. 
L.  “Serious emotional disturbance” means a diagnosable mental, behavioral, or emotional disorder that is of sufficient duration and has resulted in a functional impairment that substantially interferes with or limits a child’s role or functioning in family, school, or community activities. Serious emotional disturbances do not include developmental disorders, substance-related disorders, or conditions or problems that may be a focus or clinical attention unless they occur with another diagnosable serious emotional disturbance.
===
[Instructions: replace lines 1191237 through 1130177.]
7.701.32  Use of Records and Reports of Child Abuse or Neglect for Background and Employment Inquiries [Rev. eff. 8/1/07]
A request to determine whether any owner, applicant, employee, licensee or resident of a licensed facility, or any supervisory employee of a guest care facility, or an exempt family child care home provider and each adult eighteen (18) years of age or older residing in the home (also known as a qualified adult) receiving or applying to receive Colorado Child Care Assistance moneys was found to be responsible in a confirmed report of child abuse or neglect reported to the State Department's automated system shall be directed to and be the responsibility of the State Department.
A.  An inquiry is not necessary regarding out of state employees of a children’s resident camp or school-age child care center for a camp or center that is in operation for fewer than ninety (90) calendar days;
===

[Instructions: replace lines 1130234 through 1130237.]
7.701.34  Fire and Health Inspections, Zoning Codes [Rev. eff. 8/1/07]
A.  Prior to the original license being issued, following the renovation of the facility that would affect the licensing of the facility and at least every 2 years thereafter, all child care facilities except family child care homes must be inspected and obtain an approving inspection report from the local department of health or the Colorado Department of Public Health and Environment and from the local fire department. These reports must be maintained at the facility and be available for review upon request by a licensing specialist.
B.  Prior to the original license being issued, all child care facilities, except for family foster homes and specialized group facilities that are providing care for three or fewer children who are determined to have a developmental disability by a community centered board or who have a serious emotional disturbance, must submit to the State Department written approval from the local zoning department approving operation of the facility. The approval must include the address of the child care facility and the ages and numbers of children to be served. The facility must also submit written zoning department approval to the State Department any time there is a change to the license, including moving the facility to another location, increasing the capacity, or adding different ages of children.
C.  All child care facilities must operate in compliance with local planning and zoning requirements of the municipality, city and county, or county where the facility is located.

===

(12 CCR 2509-8)

[Instructions: replace lines 1132010 through 1132064.]
7.708  RULES REGULATING FAMILY FOSTER CARE HOMES
All family foster care homes must comply with the "Rules Regulating Family Foster Care Homes" and the "General Rules for Child Care Facilities".
7.708.1  FAMILY FOSTER CARE HOMES [Rev. eff. 8/1/07]
A.  “Family foster care home”, as defined at Section 26-6-102, C.R.S., means a facility that is certified by the county department or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four (24) hour family care for a child under the age of eighteen years who is not related to the head of such home, except in the case of relative care. The term includes any foster care home receiving a child for regular twenty-four (24) hour care and any home receiving a child from any state-operated institution for child care or from any child placement agency. The number and age of foster children for which a license may be issued is determined by the following factors: 
1.  No foster child shall be placed in a foster home if that placement will result in more than four foster children in that 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 foster children can be placed in the home.
2.  A family foster care home may serve a maximum of one foster child enrolled in Children’s Habilitation Residential Program (CHRP) and 2 other foster children or 2 foster children enrolled in CHRP and no other foster children, unless there has been prior written approval by the CHRP waiver administrator. Placements of three (3) children approved for CHRP funding may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home. In any case, no more than three (3) children enrolled on the CHRP waiver and no (0) non-CHRP children will be placed in one foster home. Emergency placements will not exceed maximum established limits. Facilities that exceed established capacity at the time the rule takes effect will be grandfathered in; however, with attrition, capacity must comply with the rule. 

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

3.  Family foster care providers who are serving foster children enrolled in the Children’s Habilitation Residential Program (CHRP) waiver shall be in compliance with rules contained within the Department of Health Care Policy and Financing’s Medical Assistance Manual at Section 8.508 (10 CCR 2505-10).
4.  Family foster care may be provided to children from birth to 18 years of age and to those persons to 21 years of age who are placed by court order prior to their eighteenth birthday.
5.  When a certified family foster care home only provides temporary emergency care for foster children, the home may be certified for up to six foster children with no more than two foster children, including the caretaker's own children, under two years of age. There can be no more than a total of six foster children in the home except in sibling placements. The number of additional foster children under six years of age to be cared for shall be specified on the certificate and in the home study. Such a family foster care home shall be designated as a receiving home. The designation shall appear on the certificate.
a.  No foster child shall remain in that family foster care home at the receiving home rate longer than 90 consecutive days, in accordance with the requirements of Section 7.417.4.
b.  The number of foster children to be cared for at the receiving home rate and any foster children to be cared for at the regular foster home rate shall be included on the certificate.
c.  Each receiving home parent shall have two years experience as a foster parent, although the certifying agency may take into account other relevant education and experience.
d.  Each receiving home parent shall complete 32 hours of on-going training every year as identified in his/her training development plan. This training shall include the following competencies.
1)  Issues regarding emergency and crisis placement of children with unknown histories; and,
2)  Dynamics of victimization issues, with emphasis on appropriate age and developmental levels; and,
3)  Cultural, spiritual, and religious awareness, consideration for, sensitivity to, and tolerance of each child individually.
e.  Because receiving homes are likely to have quick turn-over of the children in care, supervision and monitoring of the receiving home shall be carried out according to the following: 
1)  One face-to-face contact shall be made with the receiving home parent(s) at least every week when children are in placement in the home, with a minimum of two visits per month occurring in the receiving home.
2)  Documentation of such contact shall be in the provider file, as well as in each file of all foster children in the home.
3)  The purpose of the contact is to address any questions the receiving home parent has about the children in care, to observe child care when appropriate and to provide support to the receiving home parent.
f.  A receiving home shall have a comprehensive annual evaluation, which includes a review of any critical incidents, any allegations of institutional abuse, and the skills, needs, and competencies of the receiving home parent(s).
6.  A family foster care home may not be operated without a license or a certificate as required by law and Section 7.701.4 of these rules, and the number of foster children cared for in such facility may not exceed the number authorized by such license or certificate.
7.708.11  Definitions [Rev. eff. 8/1/07]
A.  “Certifying authority” means licensed child placement agencies and county departments of social/human services that have the authority to certify family foster care homes, including kinship care homes.
B.  “Child specific foster care” is care where the foster child has a prior relationship to the foster parent(s).
C.  “County designee” is the representative of a county department designated by the county executive director to make certain key decisions regarding foster children.
D.  “Dangerous behavior” is behavior that poses a clear and present safety hazard to a foster child or to others.
E.  “De-escalation” is the use of therapeutic interventions with a foster child during the escalation phase of a crisis. The interventions are designed to allow foster children to contain their own behavior so that acute physical behavior does not develop which would lead to the need for use of a physical restraint.
F.  An “emergency situation” is one in which a foster child is in actual danger to him/herself or others, or when there is a present danger of extensive property damage.
G.  “Escalation” is an increase in intensity of a foster child's out-of control behavior.
H.  The “Family Service Plan” is a case services plan completed by a county caseworker jointly with the foster child, parents, and foster parents within 60 calendar days of placement for each foster child receiving services from a county department of social/human services.
I.  “Kinship foster care” is the full time nurturing and protection of foster children by kin. Kin are relatives or persons ascribed by the family as having a family-like relationship. These relationships take into account cultural values and continuity of significant relationships. Certified kinship care is considered a form of out-of-home placement and a type of family foster care home.
J.  “Mechanical restraint” means the use of devices intended to involuntarily restrict the movement or normal functioning of a portion of an individual's body. Mechanical restraint does not include the use of protective devices used for the purpose of providing physical support or prevention or accidental injury.
K.  “Personal restraint” is the physical intervention by a foster parent(s) in an emergency situation to limit, restrict, or control the dangerous behavior of a foster child by means of physical holding of the foster child. Physical restraint does not include the holding of a foster child for less than five minutes for protection of the foster child.
L.  “Reasonable”, as used in these rules, means appropriate and suitable, not excessive or extreme.
M.  “Religion”, where used in these rules, includes traditional religious beliefs and spiritual beliefs such as those of Native Americans.
N.  “Salaried Foster Parent” means a person who is employed by a child placement agency for the purposes of the demonstration pilot program authorized pursuant to Section 26-6-104(1)(d)(IV), C.R.S., and who is employed for the sole purpose of providing foster care and who serves in no other capacity for the child placement agency.
O.  “Therapeutic services” means a program of foster care that incorporates treatment for the special physical, psychological, or emotional needs of a child placed with specially trained foster parents.
P.  “Treatment Foster Care” means a clinically effective alternative to residential treatment facilities that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment.
Q.  “Whole family placement”, also known as “shared family care”, is a situation in which adult parent(s) and foster child(ren) are placed together in the home of a family trained to mentor and support the biological parents as they develop skills and supports necessary to care for their foster child(ren) and move toward living independently. 
7.708.2  REQUIREMENTS FOR CERTIFICATION OF FAMILY FOSTER CARE HOMES
7.708.21  Character, Suitability, and Qualifications of Family Foster Parents [Rev. eff. 8/1/07]
A.  A certificate shall be denied in accordance with Section 7.500.312, D.
B.  Each foster parent in the family foster care home shall demonstrate an interest in, and a knowledge of, foster children and a concern for their proper care and well-being.
C.  A certificate may be denied or revoked if the foster parent(s)’ own children have been placed in foster care or a residential treatment facility under circumstances which demonstrated that the foster parent or another resident of the home was abusive, neglectful, or a danger to the health, safety, or well-being of those foster children.
D.  The family foster care home parents shall be able to provide for a foster child's proper physical, mental and character development.
E.  Applicants shall demonstrate stability in family relationships within the home where family foster care is to be provided.
F.  The licensing or certifying authority must receive at least three written statements which describe the applicant's character, interpersonal relations, and ability to provide care for foster children from references provided by the applicant, at least two from a source/person who are not related to the applicant and who have known the applicant one year or longer (references need not be residents of Colorado). Licensing or certifying representatives may contact others who may have knowledge or information regarding the applicant's character or suitability.
G.  The foster home parent shall possess basic knowledge of child care and good nutrition, and shall cooperate with the licensing or certifying agency in programs designed to increase such knowledge.
H.  Licenses or certificates shall not be granted to applicants who are less than twenty one years of age on the date of application for such license or who lack adequate physical stamina to care for children.
I.  Foster parents shall protect foster children from exposure to second hand tobacco smoke. 
1.  Smoking is prohibited inside the foster home at all times when a child(ren) is in placement.
2.  Smoking is prohibited in a foster parents’ or substitute caregiver’s motor vehicle when a foster child(ren) is in placement in the foster care home.
3.  Smoking includes carrying or having in one’s possession a lighted cigarette, cigar, pipe or other object giving off tobacco smoke.
J.  The financial resources of foster parents shall be adequate to assure that the home where the care is provided is maintained in safe repair and in conformity with standards and that the requirements of these regulations can be fulfilled.
K.  A license or certificate shall not be granted for a family foster care home unless the applicant has demonstrated the ability to manage a household so that the licensing or certifying authority may determine that the applicant is able to acquire food, materials and other equipment as may be required for child care and to maintain records pertaining to foster children, including records required by statute or regulations.
L.  Each foster parent shall have a health assessment within one year prior to certification or within 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 foster children.
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 foster children, the issuance of a license shall be conditioned upon the satisfactory report of a licensed mental health practitioner.
M.  Children of the foster home parents and any other persons not placed by the agency and living in the family foster care home shall obtain a medical statement from a licensed health care professional verifying that each such person suffers from no illness or communicable disease which would adversely affect foster children in care. This statement shall be obtained annually or as required in writing by an approved health care professional. A licensed health care professional is defined as a physician, nurse practitioner, or a physician's assistant. This statement shall have been signed within the twelve month period preceding the original license or full certificate granted to the home.

====

[Instructions: replace lines 1132091 through 1132101.]
7.708.25  Fire Safety [Rev. eff. 8/1/07]
A.  Fire hazards, such as defective electrical appliances and electric cords, dangerous or defective heating equipment or flammable material stored in such a manner as to create a risk of fire  shall  be corrected or eliminated.
B.  The family foster care home shall contain at least one U.L-approved fire extinguisher, highly visible, easily accessible, and in working condition, weighing not less than five pounds, that has a rating of 2A, 10BC. This requirement may be waived if more extensive fire-control measures are required by a local fire department.
C.  A smoke detector, in working condition, must be installed on each level of the family foster care home and near sleeping areas.
D.  No gas space heaters, open-flame gas or oil stoves, hot plates, or un-vented heaters shall be used in the family foster care home for heating purposes. No electric space heaters shall be used in the family foster care home for permanent heating purposes.
E.  Flammables aerosol paints, insecticides, chemicals, and other dangerous materials shall be locked or stored so they are inaccessible to foster children and must be stored in areas separate from sleeping or living areas. Flammables shall be stored in an approved container.
F.  Heating devices such as radiators, registers, fireplaces, wood-burning stoves, and steam and hot water pipes that pose a fire or bum hazard to foster children shall be screened or otherwise protected.
G.  Flammable material must not be stored near a furnace, hot water heater, or other heating device.
H.  There shall be no candles or other burnable objects permitted in foster children's sleeping areas. Foster children shall not be permitted to smoke inside the foster care home or in any vehicle used to transport children.
I.  Exit doors shall be clearly identified to all foster children. No lock or fastening to prevent free escape from the inside of any room used by the foster children shall be permitted.
J.  Exit routes shall be kept free of discarded furniture, furnishings, laundry, and stacks of newspapers or magazines that could interfere with the prompt evacuation of the family foster care home.

===

[Instructions: replace lines 1132233 through 1132237.]
7.708.41  Medical and Health Services [Rev. eff. 8/1/07]
A.  A general medical examination for each foster child must be completed or scheduled with a physician or a nurse practitioner prior to or within fourteen (14) calendar days following placement at the family foster care home. If the child has received a medical examination within the previous twelve (12) months, another medical examination is not required during that year as long as the foster home has written documentation of the previous medical exam. A statement from the examiner shall be retained in the foster child's file. This exam shall include the following: 
1.  An examination for physical injury and disease.
2.  Vision and hearing screening.
3.  A current assessment of the foster child's health, including immunizations.

===

[Instructions: replace lines 1132372 through 1132390.]
7.708.65  Orientation, Training, and Certification [Rev. eff. 8/1/07]
A.  The certifying authority shall have a comprehensive written plan for the orientation, pre-certification training, certification, and ongoing training of foster parents.
1.  The certifying authority shall have an introductory training and orientation program for all foster parents. This program shall include, at a minimum, twenty-seven hours of initial core training consisting of at least 12 hours prior to placement of a child and the remaining hours to be completed within 3 months after placement, including orientation to emergency and safety procedures and the general and specific duties and responsibilities of being a foster parent.
2.  If a child is placed with a foster care family on an emergency basis, 12 hours of core training must be completed and the remaining hours of training competed within 4 months from the date of placement. An emergency means that a child’s safety is subject to actual or likely harm, immediate or emerging, serious or sever, which requires control.
3.  The certifying authority shall maintain written documentation of specific in-service training held, foster parents participating, the hours involved, and/or other on-going training activities in which foster parents were involved.
B.  The certifying authority shall create a training development plan for each foster parent(s) to document the strengths and competencies of the foster parent(s) and to identify those areas in which additional training is needed.
C.  The certifying authority shall document that foster parents receive quality, appropriate, competency-based training in the following areas that builds on basic competencies of the foster parent(s) established through life experiences and pre-certification training.
1.  The family foster care home’s emergency and safety procedures, including but not limited to fire evacuation drills, tornado drills, where appropriate, and flood evacuation drills, where appropriate, on at least a semiannual basis.
2.  The principles and practices of child care, including developmentally appropriate practices.
3.  The certifying authority’s administrative procedures and overall program goals.
4.  Acceptable behavior management techniques, including appropriate discipline and restraint of foster children, if appropriate, in accordance with these rules.
5.  Appropriate boundaries (both physical and emotional) between foster parents and foster children while in placement at the family foster care home and after discharge.
6.  Positive and constructive methods of dealing with the foster child, including but not limited to, physical structuring of the environment and de-escalation of crisis situations.
7.  Annual review of these regulations by foster parents.
D.  Training requirements for the initial year of certification are as follows: 
1.  27 hours of Core training, as identified in Section 7.708.65, A; and,
2.  CPR and First Aid training; and,
3.  20 hours of ongoing specialized training.
E.  Annually, each foster parent, except therapeutic foster parents or treatment foster parents, must complete 20 hours of on-going specific training as required in his/her training development plan. Training must include at least the areas listed above. Therapeutic or treatment foster parents providing therapeutic services must complete an additional 12 hours of on-going training annually for a total of 32 hours of training in such areas as dynamics of victimization issues, with emphasis on appropriate age and developmental levels; and the individual needs of the foster children in care. All providers serving children funded by the Children's Habilitation Residential Program (CHRP) must complete thirty-two (32) hours of ongoing specific training as identified in their training development plan.

===

[Instructions: replace lines 1132408 through 1132415.]
7.709.1  DEFINITIONS [Rev. eff. 8/1/07]
A.  The "specialized group facility" is sponsored and supervised by a county department or a licensed child placement agency (henceforth to be known as the agency) for the purpose of providing 24 hour care for three (3) or more children, but fewer than 12 children from three years old to sixteen years old and for children from 16 to 18 years old and those persons 21 years old who are placed by court order prior to their eighteenth birthday whose special needs may best be met through the medium of the small group. The two types of specialized group facilities are the specialized group home and the specialized group center.
A "specialized group home" is located in a house owned or otherwise controlled by the group home parents who are primarily responsible for the care of the children and reside therein.
A "specialized group center" is located in a house owned or controlled by a governing body that hires the group center parents or personnel who are primarily responsible for the care of the children.
The "Governing Body" is the individual, partnership, corporation or association in whom the ultimate authority and legal responsibility is vested for the conduct of the specialized group center and the center's relationship with the supervising agency.
B.  A specialized group facility may accept children five years old and over in an emergency for a short period of time. Special rules necessitated by the emergency placement regarding intake, records, placement planning and staffing are found at Section 7.709.26.
C.  No more than two children less than five years old may be cared for in a specialized group facility at one time.
D.  In specialized group facilities, the number of natural and relative children less than sixteen years old of the caretaker plus the foster children shall not exceed twelve children.

[Instructions: replace lines 1191308 through 1191320.]
7.710.1   DEFINITIONS [Rev. eff. 8/1/07]
A.  A “child placement agency (CPA)” means any corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, facilitates placement for a fee, or arranges for placement for care, any child under the age of 18 years with any family, person, or institution for the purpose of adoption, treatment, or foster care. The natural parents or guardian of any child who places said child for care with any facility licensed as a “family care home” or “child care center,” as defined by this section, shall not be deemed to be a CPA.
1.  Any agency from out of state placing a child within Colorado must be licensed as a CPA by the Colorado Department of Human Services (the Department) unless the placement services are coordinated with and provided by a county department of social services or a CPA licensed by the State of Colorado.
2.  A CPA may not be operated without a license, as required by law, which license is to be issued by the department in conformity with all rules and regulations contained within Section 7.710.
B.  “To arrange for placement” means to act as an intermediary by assisting a parent or guardian or legal custodian to place or plan to place a child with other than persons related to the child for the purpose of foster care or for the purpose of adoption.
C.  A “multi-service agency” is an organization that provides additional community services and programs other than foster care and adoption.
D.  A “program director in a multi-services agency” is the person responsible for overseeing the foster care and/or adoption program of the organization.
E.  “Relative”, except as used in the definition of foster care home, means any of the following relationships by blood, marriage, or adoption: parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.
F.  “Social and behavioral sciences” includes sociology, psychology, social work, criminal justice, human services, human development, and counseling.
G.  “Certification” means the process by which the county department of social/human services or a child placement agency approves the operation of a foster care home.
H.  “Foster care home” means a facility that is certified by the county department or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen years who is not related to the head of such home, except in the case of relative care.
I.  “Cradle care home” means a facility that is certified by a child placement agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve months of age or younger, in a place of residence for the purpose of providing twenty-four hour family care for six months or less or children pursuant to Article 5 of Title 19, C.R.S., or while a county department prepares an expedited permanency plan for an infant in its custody.
J.  “Licensing” means the process by which the Colorado Department of Human Services approves a facility or agency for the purpose of conducting business as a child care facility or child placement agency.
K.  “Salaried foster parent” means a person who is employed by a child placement agency for the purposes of the demonstration pilot program authorized pursuant to Section 26-6-104(1)(d)(IV), C.R.S., who is employed for the sole purpose of providing foster care and who serves in no other capacity for the child placement agency.

===

[Instructions: replace lines 1132640 through 1132647.]
7.710.32  Minimum Regulations [Rev. eff. 8/1/07]
A.  Operation
The regulations for operation of a foster care home or a family child care home shall be met before a CPA certificate for such a facility can be issued.
B.  Certification
The law states that certificates issued by placement agencies are considered licenses; the regulations which are established by the department for foster care homes or family child care homes are therefore applicable to any such facility being certified by a licensed CPA. Copies of these rules shall be made available to each applicant for certification and to each foster care home.
C.  Conflict of Interest
1.  Staff members or members of the governing board or relatives of staff members or relatives of any officer, executive or member of the governing board of a CPA shall not be certified by the CPA to operate a foster care home, except for a person who is employed for the sole purpose of providing foster care and who serves in no other capacity for the agency.
2.  No owner, officer, executive, member of the governing board, or employee of a CPA or any relative of said owner, officer, executive, member or employee shall hold a beneficial interest in any property operated or intended to be operated as a foster care home when the property is certified by the CPA as a foster care home.