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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   2021-00400


CCR details

Tracking Number 2021-00400
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

Proposed rule

Notice Filed with SOS 06/30/2021
Rule ProposedRuleAttach2021-00400.doc
Statutory Authority 26-1-107, C.R.S. (2015); 26-1-109, C.R.S. (2015); 26-1-111, C.R.S. (2015); 24-4-103, C.R.S.; 24-4-102(15) C.R.S.; 24-4-102(16) C.R.S.
Description of Subjects/Issues The proposed rules would create guidelines for the Qualified Residential Treatment Program(QRTP) Placement Review process. These rules would guide both the Administrative Review Division (ARD) and County Departments of Human Services in a number of areas related to the QRTP Placement Reviews. Specifically it is the county’s responsibility to obtain consent for a review by the ARD, collaborate with the ARD to schedule the review, identify invitees, send out invitations, and submit the required documentation for review. NOTE: Due to the ongoing COVID-19 situation, it is anticipated that this meeting will take place entirely online. Please check here for any updates on location/connection:https://cdhs.colorado.gov/sbhs
Purpose/Objective of Rule The federal Family First Prevention Services Act (FFPSA), with mandatory implementation in October 2021, created a new level of care for states to utilize. These programs are designated as Qualified Residential Treatment Programs (QRTPs). QRTPs are similar to currently utilized Residential Child Care Facilities (RCCF); however, they have an increased emphasis on intensive treatment and stabilization. When a child or youth is placed in a Qualified Residential Treatment Program (QRTP), the law requires initial and ongoing assessments and reviews at specified time intervals to ensure that the high level of service provision and restrictive environment are appropriate. The proposed rules would create guidelines for the QRTP Placement Review process. These rules would guide both the Administrative Review Division (ARD) and County Departments of Human Services in multiple areas related to the QRTP Placement Reviews. Section 19-1-115(4)(e), C.R.S. designates the ARD as the administrative review body, in addition to the courts, responsible for conducting these placement reviews. ARD will conduct reviews for all Division of Youth Services cases that no longer have ongoing court reviews, voluntary cases, and court-involved cases where all parties consent to an ARD review instead of a court review. It will be each county’s responsibility to document consent from the parties for the ARD to conduct the placement review instead of the court in court involved cases, collaborate with the ARD to schedule the review, identify invitees, identify the most appropriate venue, send out invitations, and submit the required documentation for review. QRTP Placement Reviews must occur no less than every 90 days for the duration of a child or youth’s placement in the QRTP.
Basis And Purpose BasisAndPurposeAttachment2021-00400.pdf
Regulatory analysis RegulatoryAnalysisAttachment2021-00400.pdf
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 check here for any updates on location/connection: https://cdhs.colorado.gov/sbhs NOTE: Due to the ongoing COVID-19 situation, it is anticipated that this meeting will take place entirely online. Please check here for any updates on location/connection: https://cdhs.colorado.gov/sbhs
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 08/06/2021
Hearing Time 08:30 AM
Hearing Location Location Pending State's response to COVID-19. Anticipated to be held entirely online
Contact Name Tim Russell
Contact Title Manager, Administrative Review Division
Contact Telephone 303.562.8200
Contact email timothy.russell@state.co.us

Adopted rule

Adopted Rules AdoptedRules12021-00400.doc
Redline Redline2021-00400.doc
Adopted Date 10/08/2021
AGO requested date 10/12/2021
Attorney General Opinion 10/20/2021
Colorado Register publication date 11/10/2021
Effective Date 11/30/2021
Inserted into CCR 11/30/2021
  
  
  
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