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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   2020-00282


CCR details

Tracking Number 2020-00282
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 2509-3
CCR Title PROGRAM AREAS, CASE CONTACTS, AND ONGOING CASE REQUIREMENTS

Proposed rule

Notice Filed with SOS 04/30/2020
Rule ProposedRuleAttach2020-00282.doc
Statutory Authority 26-1-107(5), C.R.S. (2019); 26-1-109(5); 26-1-111(2)(g), C.R.S. (2019); 26-1-111(2)(q), C.R.S. (2019)
Description of Subjects/Issues The Division of Child Welfare (DCW) has specific rules which require face-to-face contact with children, youth, parents and intended long-term caregivers when they are involved in ongoing child protection cases. The current rules do not allow for exception during a state of emergency or disaster. In response to the COVID-19 pandemic, the federal government through the Administration for Children and Families’ Associate Commissioner of the Children’s Bureau has provided guidance to allowing for video conferencing during the state of emergency, however current regulations do not allow for it. The is the second emergency rule packet the Department is introducing to align Colorado rules with federal guidance and best practices to ensure the safety of children, families, communities and DCW staff during emergencies or disasters. This emergency rule allows for Colorado counties to continue providing child welfare services, specifically caseworker contacts, through video technology during a state of emergency or a disaster.
Purpose/Objective of Rule The Division of Child Welfare (DCW) has specific rules which require face-to-face contact with children, youth, parents and intended long-term caregivers when they are involved in ongoing child protection cases. The current rules do not allow for exception during a state of emergency or disaster. In response to the COVID-19 pandemic, the federal government through the Administration for Children and Families’ Associate Commissioner of the Children’s Bureau has provided guidance to allowing for video conferencing during the state of emergency, however current regulations do not allow for it. The is the second emergency rule packet the Department is introducing to align Colorado rules with federal guidance and best practices to ensure the safety of children, families, communities and DCW staff during emergencies or disasters. This emergency rule allows for Colorado counties to continue providing child welfare services, specifically caseworker contacts, through video technology during a state of emergency or a disaster. This permanent rule adopts a rule previously adopted on an emergency basis, SOS#2020-00348.
Basis And Purpose BasisAndPurposeAttachment2020-00282.doc
Regulatory analysis RegulatoryAnalysisAttachment2020-00282.doc
Comments CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing 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. Emergency rules (ER) are adopted immediately, and are permanently adopted at a second hearing, usually the month after the initial hearing. This rule will permanently adopt a rule adopted on an emergency/temporary basis in May 2020. Meeting information: https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/stateboard- human-services
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 06/12/2020
Hearing Time 08:30 AM
Hearing Location Online - Registration information here: https://www.colorado.gov/pacific/cdhsboards-committees-collaboration/state-board-human-services
Contact Name Korey Elger
Contact Title Ongoing Manager
Contact Telephone 303.249.5662
Contact email korey.elger@state.co.us

Adopted rule

Adopted Rules AdoptedRules02020-00282.doc
Redline Redline2020-00282.doc
Adopted Date 06/12/2020
AGO requested date 06/15/2020
Attorney General Opinion 06/30/2020
Colorado Register publication date 07/10/2020
Effective Date 08/01/2020
Inserted into CCR 08/11/2020
  
  
  
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