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Code of Colorado Regulations eDocket
Details of Tracking Number
2020-00425
CCR details
| Tracking Number |
2020-00425 |
| Type of Filing |
Emergency |
| 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
| Rule |
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| Additional Information |
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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) |
| Applicable Federal Provisions |
42 U.S.C. § 671 (a)(10)(2019); 42 U.S.C. § 671 (a)(22)(2019) |
| Purpose/Objective of Rule |
This rule packet includes proposed changes to child welfare rules addressing services for children in Program Areas 4 (Youth in Conflict), 5 (Children in Need of Protection), and 6 (Children and Families in need of Specialized Services) who require placement outside their homes. Placement facilities must ensure that children/youth in their care have medical and dental exam within required timelines; however during a declared disaster or emergency, it may not be possible or safe to meet these deadlines. This rule would give the Colorado Department of Human Services (CDHS) the authority, in its oversight role of placement facilities, 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 that are barriers to meeting certain certification and/or licensure requirements, depending on the type of facility and the service that is provided. The barriers are due to circumstances beyond the control of the facility/agency/provider. The circumstances expose the need to create rules that allow CDHS and service providers to respond appropriately during an emergency or disaster. |
| Basis And Purpose |
BasisAndPurposeAttachment2020-00425.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2020-00425.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. It is anticipated that this rule will be adopted on a permanent basis at the July 10, 2020 SBHS meeting through SOS#2020-00374. Meeting information: 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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| Contact Name |
Mary Griffin |
| Contact Title |
Program Administrator Foster Care and Relative Gua |
| Contact Telephone |
303.396.3979 |
| Contact email |
mary.griffin@state.co.us |
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Adopted rule
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