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Code of Colorado Regulations eDocket
Details of Tracking Number
2020-00390
CCR details
| Tracking Number |
2020-00390 |
| 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 2509-8 |
| CCR Title |
CHILD CARE FACILITY LICENSING |
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Proposed rule
| Notice Filed with SOS |
05/29/2020 |
| Rule |
ProposedRuleAttach2020-00390.doc
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| 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); 26-6-106(1)(a), 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 to rules regulating facilities when there is a declared state or local emergency or disaster. The modifications require that the health, safety, and well-being of children and youth is not compromised, regardless of whether they are served in out-of-home care or remain in their home and receive services such as day treatment.
The declared state of emergency due to the COVID-19 pandemic has presented procedural challenges for out-of-home care providers in particular, there are barriers to meeting certain certification and/or licensure requirements, depending on the type of facility and the service that is provided. These barriers are due to circumstances beyond the control of the facility/agency/provider. The circumstances expose the need for rules that permit the agency and service providers to be nimble during an emergency or disaster.
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/cdhs-boards-committees-collaboration/state-board-human-services |
| Purpose/Objective of Rule |
This rule packet includes proposed changes to child care licensing rules for certification of family foster care homes by child placement agencies. Family foster care homes must meet certain requirements 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 child placement agencies and 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 for out-of-home care providers in particular, there are barriers to meeting certain certification and/or licensure requirements, depending on the type of facility and the service that is provided. These barriers are due to circumstances beyond the control of the facility/agency/provider. The circumstances expose the need for rules that permit CDHS and service providers to respond appropriately during an emergency or disaster. |
| Basis And Purpose |
BasisAndPurposeAttachment2020-00390.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2020-00390.doc
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| 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#2020-00424.
Please check here for any updates on location: https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services |
| 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 |
07/10/2020 |
| 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 |
Cheryl Estrick |
| Contact Title |
Licensing Specialist |
| Contact Telephone |
303.801.8681 |
| Contact email |
cheryl.estrick@state.co.us |
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Adopted rule
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