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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   2020-00375


CCR details

Tracking Number 2020-00375
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 2509-6
CCR Title RESOURCE DEVELOPMENT

Proposed rule

Notice Filed with SOS 05/29/2020
Rule ProposedRuleAttach2020-00375.doc
Statutory Authority 26-1-107(5)(a),(b), C.R.S. (2019); 26-1-109(3), C.R.S. (2019); 26-1-111(1), C.R.S. (2019)26-1-111, C.R.S. (2019); 26-6-106, C.R.S. (2019); 42 U.S.C. § 671 (a)(10)(2019)
Description of Subjects/Issues The purpose of the rule is to give authority to the Colorado Department of Human Services (CDHS), in its oversight role to allow conditional and temporary modifications through rules regulating facilities when there is a qualified emergency or disaster. The modifications require that the health, safety, and well-being of children and youth are not compromised when they are served in foster care. The declared state of emergency due to the COVID-19 pandemic has presented procedural challenges to county departments and their foster parents that are barriers to meeting certain foster home certification and recertification requirements. The barriers are due to circumstances beyond the control of the foster parents. The circumstances have exposed the need for flexibility in the rules NOTE: Due to the ongoing COVID-19 situation, this meeting may take place entirely online. Please check here for any updates on location: https://www.colorado.gov/pacific/cdhsboards- committees-collaboration/state-board-human-services
Purpose/Objective of Rule This rule packet includes proposed changes to child welfare rules for assessment of foster homes. Foster homes must meet certain requirement to ensure the home is safe and adequate for foster care; however during a declared disaster or emergency, it may not be possible or safe for providers to meet all of these requirements within the current deadlines. This rule change would give the Colorado Department of Human Services (CDHS) the authority, in its oversight role of foster care homes, to allow conditional and temporary modifications of these rules during a qualified emergency or disaster. The modifications would require that the health, safety, and well-being of children and youth are not compromised when they are served in out-of-home care. The declared state of emergency due to the COVID-19 pandemic has presented procedural challenges to county departments and their foster parents that are barriers to meeting certain foster home certification and recertification requirements. The barriers are due to circumstances beyond the control of the foster parents. The circumstances have exposed the need for flexibility in the rules to allow CDHS and services providers to respond appropriately during a disaster or emergency.
Basis And Purpose BasisAndPurposeAttachment2020-00375.doc
Regulatory analysis RegulatoryAnalysisAttachment2020-00375.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 hearing will be to permanently adopt ER adopted June 12, 2020, SOS#2020-00427. Please visit CDHS State Board website for 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 07/10/2020
Hearing Time 08:30 AM
Hearing Location 1575 Sherman Street, Denver, CO 80203 - NOTE: Location Pending State's response to COVID-19. May be held entirely online.
Contact Name Mary Griffin
Contact Title Program Administrator Foster Care and Relative Guardianship Assistance
Contact Telephone 303.869.3979
Contact email mary.griffin@state.co.us

Adopted rule

Adopted Rules AdoptedRules12020-00375.doc
Redline Redline2020-00375.doc
Adopted Date 07/10/2020
AGO requested date 07/14/2020
Attorney General Opinion 07/29/2020
Colorado Register publication date 08/10/2020
Effective Date 09/01/2020
Inserted into CCR 09/02/2020
  
  
  
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