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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2016-00264


CCR details

Tracking Number 2016-00264
Type of Filing Permanent Rule
Department 500,1008,2500 Department of Human Services
Agency 2509 Social Services Rules (Volume 7; Child Welfare, Child Care Facilities)
CCR Number 12 CCR 2509-4
CCR Title CHILD WELFARE SERVICES

Proposed rule

Notice Filed with SOS 05/27/2016
Rule ProposedRuleAttach2016-00264.doc
Additional Information AddInfoAttach2016-00264.doc
Statutory Authority 26 1 107(5), (6), CRS; 26-1-109(5), CRS; 26 1 111, CRS ; 26-5-102 (1)(a), C.R.S. (2014) provision of child welfare services 26-5-103, C.R.S. coordination with other programs 26-5-110, C.R.S. - Relative Guardianship Assistance Program Section 471 [42 U.S.C. 671] (a) (28) - authority for guardianship assistance program Section 473 [42 U.S.C. 673] (d) - requirements for guardianship assistance program
Description of Subjects/Issues HB16-1448 (26-5-110, C.R.S.) expands the Relative Guardianship Assistance Program to allow court appointments through Allocation of Parental Responsibilities (APR) in lieu of guardianship through the Probate Court, and eligibility for non-relative foster parents in specific situations. RGAP rules are located in section 7.311 (12 CCR 2509-4). Technical changes were made. RGAP eligibility expands in the following ways: Allows APR in lieu of a guardianship appointment to establish permanency; Allows a youth residing in a non-relative foster home (with no relationship prior to placement) for at least one year, who is 12 years of age and older, and consents to permanency with the foster parent with whom he/she has a significant psychological tie; and, Allows younger siblings (11 years of age and younger) residing in the same non-relative foster home as an older to be included in RGAP. Section 7.304.52 is revised to release county departments of human or social services from ongoing family finding requirements when a non-relative foster parent commits to the permanency of a youth who is 12 years of age or older and younger siblings residing in the same placement and meets requirements in RGAP.
Purpose/Objective of Rule "HB16-1448 (26-5-110, C.R.S.) expands the Relative Guardianship Assistance Program to allow court appointments through Allocation of Parental Responsibilities (APR) in lieu of guardianship through the Probate Court, and eligibility for non-relative foster parents in specific situations. RGAP rules are located in section 7.311 (12 CCR 2509-4). Technical changes were made. RGAP eligibility expands in the following ways: Allows APR in lieu of a guardianship appointment to establish permanency; Allows a youth residing in a non-relative foster home (with no relationship prior to placement) for at least one year, who is 12 years of age and older, and consents to permanency with the foster parent with whom he/she has a significant psychological tie; and, Allows younger siblings (11 years of age and younger) residing in the same non-relative foster home as an older to be included in RGAP. Section 7.304.52 is revised to release county departments of human or social services from ongoing family finding requirements when a non-relative foster parent commits to the permanency of a youth who is 12 years of age or older and younger siblings residing in the same placement and meets requirements in RGAP."
Basis And Purpose BasisAndPurposeAttachment2016-00264.doc
Regulatory analysis RegulatoryAnalysisAttachment2016-00264.doc
Comments 16-5-17-1
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 07/08/2016
Hearing Time 10:00 AM
Hearing Location 1575 Sherman Street, Denver, CO 80203
Contact Name Mary Griffin
Contact Title Rule Author
Contact Telephone 303-866-3546
Contact email mary.griffin@state.co.us

Adopted rule

Adopted Rules AdoptedRules12016-00264.doc
Redline Redline2016-00264.doc
Adopted Date 08/05/2016
AGO requested date 08/16/2016
Attorney General Opinion 08/24/2016
Colorado Register publication date 09/10/2016
Effective Date 10/01/2016
Inserted into CCR 09/30/2016