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Code of Colorado Regulations eDocket
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 |
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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
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| Regulatory analysis |
RegulatoryAnalysisAttachment2016-00264.doc
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| Comments |
16-5-17-1 |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| 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 |
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Adopted rule
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