12 Colo. Code Regs. § 2509-3-7.203

Current through Register Vol. 47, No. 11, June 10, 2024

Section 12 CCR 2509-3-7.203 - PROGRAM AREA 6 - CHILDREN IN NEED OF SPECIALIZED SERVICES

The definition of Program Area 6 is located at Section 7.000.1, D (12 CCR 2509-1). Specific groups and target groups that are included within Program Area 6 are shown below.

7.203.1CHILD WITH ADOPTION ASSISTANCE OR RELATIVE GUARDIANSHIP ASSISTANCE [Eff. 1/1/15]

Requirements for the Adoption Assistance Program and the Relative Guardianship Assistance Program were consolidated into their respective sections.

A. The Adoption Assistance Program is located in Section 7.306.4 (12 CCR 2509-4).

B. Relative Guardianship Assistance is located in Section 7.311 (12 CCR 2509-4).

7.203.2CHILD WITH MEDICAID ONLY SERVICES [Eff. 1/1/15]

7.203.21Target Groups [Eff. 1/1/15]

A. Children in foster care who have been determined Title IV-E eligible and have moved into or out of Colorado.

B. Children for who an adoption assistance agreement is in effect and who have moved into or out of Colorado. See Section 7.306.4 (12 CCR 2509-4) for details regarding children with adoption assistance.

C. Children with a Title IV-E Relative Guardianship Assistance agreement with a payment in effect and who have moved into or outside of Colorado.

D. Children eligible for Home and Community Based Services or Home Health Care Services as defined in Section 8.500 of the Department of Health Care Policy and Financing's Medical Assistance rules (10 CCR 2505-10). Children enrolled in the Home and Community Based-Developmentally Disabled Waiver Program administered through Community Centered Boards and the Department of Human Services, Developmental Disabilities.

7.203.22Intake/Assessment [Eff. 1/1/15]

For children and youth moving to Colorado, the county department shall:

A. Verify from the Interstate Compact on the Placement of Children (ICPC) request from the sending state that the child or youth is eligible for IV-E foster care from the state of origin.

B. For adopted children and youth, include a copy of the Interstate Compact on Adoption and Medical Assistance (ICAMA) form and the adoption assistance agreement in the child's file or provide a copy of the Guardianship Assistance agreement.

C. Enter information about the child or youth into the state automated case management system and verify that a Medicaid card has been sent to the foster care provider, the adoptive parent, or the guardian.

D. Notify the foster care provider, the adoptive parent, or the guardian using the SS-4 Form that the child or youth is eligible for Medicaid only services from Colorado. In addition, advise the provider to notify the county department if foster care is stopped by the originating state or of any change of address. In the case of an adopted child or youth, or those with a guardian, advise the adoptive parent or guardian to notify the county department and the state of origin of any change of address.

E. Verify annually from the state of origin that the child or youth is eligible for Medicaid.

7.203.23Procedures for Children Eligible for Home and Community Based Services or Home Health Care Services [Eff. 1/1/15]

A. The county department shall open a case Home and Community Based when an application for Home and Community Based Services (HCBS) or Home Health Care Services is completed. The county department shall provide services as required in Section 8.500 of the Department of Health Care Policy and Financing's Medical Assistance rules (10 CCR 2505-10) for children in Home and Community Based Services or Home Health Care Services Programs.

B. The county department shall close the case on the state automated case management system no later than the end of the month following the month that the child begins to receive services from the case management agency unless the child remains eligible for services under Program Areas 4 or 5.

7.203.3CHILDREN WHOSE DISPOSITION IS NO LONGER REUNIFICATION WITH FAMILY [Eff. 1/1/15]

The target group includes children for whom all efforts at reunification with the family are exhausted. The parent-child legal relationship may or may not be terminated.

7.203.31Eligibility [Eff. 1/1/15]

A. A child shall be eligible for services in this target group only if he/she has prior eligibility in another target group and has a permanent plan other than reunification.

B. Children in this target group shall receive services as addressed in the placement services, relative guardianship, legal guardianship, relinquishment, independent living, and adoption sections of these rules. Contact requirements for these children shall be in accordance with Section 7.001.6 (12 CCR 2509-1). These contacts shall be documented in the state automated case management system.

7.203.32County Department Procedures [Eff. 1/1/15]

A. The county department shall document in the case file all efforts at reunification for the children in this target group.

B. The county department shall ensure that the Family Services Plan contains a plan for permanent placement with a relative, adoption, relative guardianship or legal guardianship/permanent custody, or other planned permanent living arrangement, as appropriate (see Section 7.301.24, N; 12 CCR 2509-4).

C. When the permanent plan is not adoption the county department shall document in the case file why adoption is not appropriate.

7.203.4FOSTER YOUTH IN TRANSITION PROGRAM

The Foster Youth in Transition Program provides developmentally appropriate, voluntary services to eligible youth and shall be available to all eligible youth. Services shall be offered using a housing first strategy to provide housing solutions to participating youth who are experiencing, or are at imminent risk of, homelessness.

7.203.41Eligibility

An eligible youth is an individual who:

A. Is at least eighteen but less than twenty-one years of age or such greater age of foster care eligibility as required by federal law;

B. Has a current dependency and neglect case pursuant to Article 3 of Title 19, C.R.S. or has had prior foster care or kinship care involvement in at least one of the following ways:

1. The youth was in foster care, as defined in 19-1-103, C.R.S., on or after the youth's sixteenth birthday; or

2. The youth was in non-certified kinship care, as defined in 19-1-103, C.R.S., on or after the youth's sixteenth birthday and was adjudicated dependent and neglected pursuant to Article 3 of Title 19, C.R.S; or

3. The youth turned eighteen years of age when the youth was a named child or youth in a dependency and neglect case open through Article 3 of Title 19, C.R.S.

C. Are engaged in, or intends to engage in, at least one of the following, unless an exception applies or are waived by federal law:

1. Completing secondary education or an educational program leading to an equivalent credential;

2. Attending an institution that provides post secondary or vocational education;

3. Working part- or full-time for at least eighty hours per month; or

4. Participating in a program or activity designed to promote employment or remove barriers to employment.

5. The requirement described in 7.203.41(C) does not apply to a youth who is incapable of engaging in any of the activities as a result of a medical condition that is supported by regularly updated documentation in the 90 day supervisory review; and

D. Seeks to enter into a voluntary services agreement, or the youth has entered into and is substantially fulfilling the youth's obligations pursuant to a voluntary services agreement with the appropriate county department.

7.203.42Eligibility determinations, appeals, and notifications upon receipt of a referral for services through the Foster Youth in Transition Program the county shall:

A. Determine if the youth is eligible for the Foster Youth in Transition Program within three (3) business days;

1. If the youth is eligible:

a. Within three (3) business days of referral, provide the youth:

i. Notice of eligibility;

ii. A description of the program, including the voluntary nature, services available, and ongoing eligibility requirements; and

iii. A copy of the voluntary services agreement.

b. Within three (3) business days of a youth opting into the Foster Youth in Transition Program:

i. Execute a voluntary services agreement in collaboration with the youth and provide them with a copy; and then

ii. Provide written notice to the office of the child's representative that the youth has entered into a voluntary services agreement in the Foster Youth in Transition Program.

c. When a youth enters into a voluntary services agreement, a case shall be opened through program area 6.

d. If an eligible youth does not opt in, the county shall close the referral within 30 days of receipt of the referral.

2. If the county determines the youth is not eligible, the county shall notify the youth within three (3) business days of receiving the referral:

a. That they are not eligible and the reasons for that determination in developmentally appropriate language;

b. Contact information for the office of the child's representative; and

c. A written description of their right to appeal and contact information for the individual or unit assigned to hear appeals at the state department.

3. The state department shall be authorized to hear eligibility appeals and make a final determination of eligibility based on information available in the comprehensive child welfare information system and juvenile court records within three (3) business days of receiving the request for appeal. The state department shall provide the youth and their counsel an opportunity to explain why they believe they are eligible for the program prior to making a final determination. Final determinations of eligibility made by the state department are final agency decisions and subject to judicial review. The state department shall make the appeal policy available to the public.

7.203.43Foster Youth in Transition Program services and procedures

A. Procedures

1. When a youth enters the Foster Youth in Transition Program the program area is program area 6.

2. The participating youth shall have a new case opened in the child welfare information system as follows:

a. The new case shall be opened effective either:

i. The day the youth and county execute the voluntary services agreement if a youth is reentering; or

ii. The day the court terminates any existing custody order, in either a dependency and neglect case or a juvenile delinquency case, if the youth is transitioning from an open program area 4 or 5 child welfare case; and

b. Prior to opening a new case or creating a new client ID, the caseworker or supervisor shall complete a search in the comprehensive child welfare information system for any existing open cases or clients and ensure that only one program area 4 or 5 case is open that includes the youth as participating as a child; and

c. For youth entering the program directly from an open case under program area 4, 5, or 6, there shall be no resulting interruption in case management services, housing, Medicaid coverage, or in foster care maintenance payments.

3. The county department shall ensure the family services plan contains an updated roadmap to success as described in 7.305.2 (12 CCR 2509-04). The family services plan in Foster Youth in Transition Program cases does not require a treatment plan or family time sections for the youth's parents or caregivers. Updates to the family services plan shall be entered into the comprehensive child welfare information system within sixty (60) days of the youth entering into a voluntary services agreement. The youth shall be provided a copy of the family services plan.

4. When a youth is entering the Foster Youth in Transition Program directly from another Program Area 4, 5, or 6 case, the youth shall be given the option to continue with the county who is currently serving the youth, or transition to the county in which the youth self-attests to residing in at the time the youth enters the foster youth in transition program.

5. When the youth's residence has changed after jurisdiction has been established, county departments shall work cooperatively to:

a. Ensure services are provided by the appropriate county;

b. Petitions are filed in the court of the appropriate county;

c. Take into consideration the youth's preference. If the youth does not have a preference, then the county shall consider the following, in no particular order or prioritization:

i. Which county is currently working with the youth;

ii. The county in which the youth self-attests to reside;

iii. Indications the youth intends to stay in the self-attested county;

iv. Access to services, supports, and/or relationships the youth needs in order to successfully transition to adulthood.

B. Services

Each county department shall offer, at a minimum, the following services and supports to participating youth in the transition program. All services shall be provided by the county in a manner that is consistent with the youth's developmental needs, culture, and supports the youths successful transition to adulthood.

1. Assistance with enrolling in the appropriate category of Medicaid for which the participating youth is eligible;

2. Assistance with securing safe, affordable, and stable housing in the following ways:

a. The participating youth's living expenses are fully or partially funded through foster care maintenance payments, in addition to any other housing assistance the youth is eligible to receive. Any expectations for the youth to contribute to the youth's own expenses must be based upon the youth's ability to pay.

b. With the participating youth's consent, the participating youth's housing may be in any placement approved by the county department or the court for which the participating youth is otherwise eligible, including a licensed host family home, as defined in Section 26-5.7-102 (3.5), C.R.S. or a supervised independent living placement, and that is the least restrictive option to meet the participating youth's needs; or

c. If the participating youth needs placement in a qualified residential treatment program, then such placement must follow all relevant procedures pursuant to section 19-1-115, C.R.S., concerning the placement of a child or youth in a qualified residential treatment program.

3. Case management services, including the development of a case plan with a roadmap to success for the participating youth, as well as assistance in the following areas, as appropriate, and with the agreement of the participating youth:

a. Provision of appropriate community resources and public benefits to assist the participating youth in the transition to adulthood as documented by the roadmap to success;

b. Obtaining employment or other financial support and enhancing financial literacy;

c. Obtaining a driver's license or other government-issued identification card;

4. Upon request, and if services are available, support the youth with complying with any juvenile or criminal justice system requirements which may include referrals to assist with expunging the participating youth's court records, as appropriate, pursuant to section 19-1-306, C.R.S.;

5. Pursuing educational goals and applying for financial aid, if necessary;

6. Upon request, and if services are available, referral to services for obtaining the necessary state court findings and applying for special immigrant juvenile status pursuant to federal law, as applicable, or applying for other immigration relief for which the participating youth may be qualified;

7. Obtaining copies of health and education records;

8. Maintaining and building relationships with individuals who are important to the participating youth, including searching for individuals with whom the participating youth has lost contact. These services may be offered using family search and engagement as described in 7.304.52 (12 CCR 2509-04); and

9. Accessing information about maternal and paternal relatives, including any siblings.

C. Court procedures when youth transition from a Program Area 4 or 5 case into the Foster Youth in Transition Program

1. For a youth approaching their 18th birthday who is currently in foster care, or who is in non-certified kinship care and there is an open dependency and neglect case, the county shall partner with the youth to support the youth in making informed decisions about what the youth needs to emancipate successfully and whether to enter the Foster Youth in Transition Program. The county shall partner with the youth in preparing for the transition hearing described below:

a. The county shall request that a transition hearing be held within 35 days of the youth's 18th birthday pursuant to 19-3-705, C.R.S.

b. At least seven (7) days prior to the transition hearing the county shall submit a report to the court that includes:

i. A description of the county's reasonable efforts toward achieving the youth's permanency goals and a successful transition to adulthood;

ii. An affirmation that the county has provided the youth with all of the records and documents the youth needs to successfully transition to adulthood, including the documents required by 7.305.5, written information concerning the youth's family history, and contact information for siblings if available and appropriate;

iii. an affirmation that the county has informed the youth, in a developmentally appropriate manner, of the benefits and options available to the youth by the Foster Youth in Transition Program as described in 7.203.4 (12 CCR 2509-3) and the voluntary nature of the program;

iv. A statement of whether the youth has made a preliminary decision whether to emancipate or to enter into the Foster Youth in Transition Program and either or both of the following:

A. If it is anticipated that the youth will choose to emancipate, the report must include a copy of the youth's emancipation transition plan as described in 7.305.2(F);

B. If it is anticipated that the youth will choose to enter the Foster Youth in Transition Program, the county shall file a petition pursuant to 19-7-307 at the same time as the report described in this section.

D. Permanency planning requirements described in 7.304.54 (12 CCR 2509-4) are required in all Foster Youth in Transition cases.

12 CCR 2509-3-7.203

38 CR 15, August 10, 2015, effective 9/1/2015

39 CR 17, September 10, 2016, effective 10/1/2016

40 CR 21, November 10, 2017, effective 12/1/2017

41 CR 21, November 10, 2018, effective 12/1/2018

42 CR 03, February 10, 2019, effective 3/15/2019

42 CR 05, March 10, 2019, effective 4/1/2019

43 CR 13, July 10, 2020, effective 8/1/2020

43 CR 21, November 10, 2020, effective 12/1/2020

44 CR 23, December 10, 2021, effective 12/30/2021

45 CR 07, April 10, 2022, effective 4/30/2022

46 CR 01, January 10, 2023, effective 1/30/2023

47 CR 09, May 10, 2024, effective 6/1/2024