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Code of Colorado Regulations eDocket
Details of Tracking Number
2019-00029
CCR details
| Tracking Number |
2019-00029 |
| 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 |
01/16/2019 |
| Rule |
ProposedRuleAttach2019-00029.doc |
| Statutory Authority |
26-1-107, C.R.S. (2015)
26-1-109, C.R.S. (2015)
26-1-111, C.R.S. (2015) |
| Description of Subjects/Issues |
Updated references to various subsetions.
The Bureau of Indian Affairs updated ICWA regulations on June 8, 2016, when they released the first comprehensive regulations for the substantive requirement in relation to ICWA. The regulations went into effect December 12, 2016. In the regulations, when ICWA applies to a child, notification is now permitted to be sent by registered or certified mail, with a return receipt requested. As such, 7.304.65 G needs to be updated to reflect that the review invitations can now also be sent by certified mail.
Additionally, county departments have requested the ability to send invitations to review participants by email, rather than mail. Changes to 7.304.65 G are also being suggested to allow for invitations to be sent by email, with the exception of the above listed participants, when ICWA is applicable. This would help defray costs of mailing the invitations, while still allowing the due process for review participants by notifying them of the review in timely manner so they can adjust their schedule as necessary to attend and participate in the review. It may also allow for more timely notification, as email delivery would occur immediately, versus several days for mail to be delivered.
Lastly, 7.304.65 F needs to be changed to reflect that the information formerly in 7.002.1 is now located in 7.601.6 B. |
| Purpose/Objective of Rule |
Updated references to various subsetions. The Bureau of Indian Affairs updated
ICWA regulations on June 8, 2016, when they released the first comprehensive
regulations for the substantive requirement in relation to ICWA. The regulations
went into effect December 12, 2016. In the regulations, when ICWA applies to a
child, notification is now permitted to be sent by registered or certified mail, with a
return receipt requested. As such, 7.304.65 G needs to be updated to reflect that
the review invitations can now also be sent by certified mail. Additionally, county
departments have requested the ability to send invitations to review participants by
email, rather than mail. Changes to 7.304.65 G are also being suggested to allow
for invitations to be sent by email, with the exception of the above listed
participants, when ICWA is applicable. This would help defray costs of mailing the
invitations, while still allowing the due process for review participants by notifying
them of the review in timely manner so they can adjust their schedule as
necessary to attend and participate in the review. It may also allow for more timely
notification, as email delivery would occur immediately, versus several days for
mail to be delivered. Lastly, 7.304.65 F needs to be changed to reflect that the
information formerly in 7.002.1 is now located in 7.601.6 B. |
| Basis And Purpose |
BasisAndPurposeAttachment2019-00029.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2019-00029.doc
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| Comments |
CDHS holds two public hearings, an initial and final, for each proposed rule packet. The initial hearing allows the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Please visit CDHS State Board website for meeting dates. https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-service |
| 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 |
03/08/2019 |
| Hearing Time |
08:30 AM |
| Hearing Location |
1575 Sherman Street |
| Contact Name |
Marc Mackert |
| Contact Title |
Rule Author |
| Contact Telephone |
303.866.7137 |
| Contact email |
marc.mackert@state.co.us |
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Adopted rule
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