12 Colo. Code Regs. § 2509-3-7.204

Current through Register Vol. 47, No. 11, June 10, 2024
Section 12 CCR 2509-3-7.204 - CASE CONTACT REQUIREMENTS

The primary purposes for case contacts shall be to assure child safety and well-being and move the case toward achieving identified treatment goals and permanency regardless of the reason the case is open.

For Program Areas 4, 5, and 6, and in cases in which child(ren)/youth remain in the home or are placed out of the home, the county department shall have face-to-face and telephone contact with the child(ren)/youth, parents, and relevant collateral contacts as often as needed to assure the safety, permanency and well-being of the child(ren)/youth while maintaining at least the minimum expectations outlined below.

A face-to-face contact is defined as an in-person contact for the purpose of observation, conversation, intervention or interview about substantive case issues, such as safety, risk and needs assessment, family service planning that may help to reduce future risk of abuse and neglect and to promote case progress and permanency.

If the governor declares a disaster and/or emergency, video conferencing technology may be used if, due to the emergency or disaster, the worker could not or should not make contact. This should be documented in the case management system and only done under limited circumstances related to the disaster and/or emergency declaration.

A. Child(ren)/youth:
1. Frequency: a face-to-face contact is required every month with child(ren)/youth in program areas 4, 5, and 6 in both in-home and out-of-home cases. When child(ren)/youth are designated as runaways, they are still included in the population of child(ren)/youth for whom the case contact requirements apply.
2. Additional requirements: a portion of every face-to-face contact with the child(ren)/youth shall occur outside the presence of the provider/caregiver. At least every other month, contact shall occur where the child(ren)/youth resides and shall include visual assessment of the child(ren)/youth's living environment.
3. Additional requirements for out-of-home: two face-to-face visits with the child(ren)/youth shall occur in the first 30-days following an out-of-home placement. At least one of the visits shall occur where the child(ren)/youth reside.
4. Documentation:
a. The caseworker completing the visit shall record all contacts in the Comprehensive Child Welfare Information System (CCWIS).
b. If the caseworker is unable to make direct contact, contact may be made by an out-of-county caseworker identified as a secondary/visitation caseworker.
c. If the child(ren)/youth is residing out of state, contact may be made by an out-of-state (ICPC) caseworker. Monthly visits are required even if the receiving state ordinarily conducts less than monthly visits for children in that state.
5. Who can make contact:
a. The primary caseworker, that caseworker's supervisor, or the designated visitation caseworker or that caseworker's supervisor must make contact.
b. The caseworker who visits the child(ren)/youth must have working knowledge of the case.
c. The designated visitation caseworker is an individual assigned responsibility for visiting the child(ren)/youth. The visitation caseworker may be a caseworker employed by the county department or another county department; a caseworker or contract caseworker in another state; or a professional within the state who meets the qualifications listed at section 7.602 and training listed at section 7.603 (12 CCR 2509).
d. The designated visitation caseworker must not have specific supervision responsibilities for the private placement facility where the child(ren)/youth is placed, nor shall the visitation caseworker be an employee of the placement facility where the child(ren)/youth is placed. The name and role of the visitation caseworker assigned responsibility for visiting the child(ren)/youth shall be recorded in the assigned screen of the CCWIS and must be updated if there is a change in the visitation caseworker. There must be only one designated visitation caseworker for a child(ren)/youth at any one time.
e. If the governor declares a disaster and/or emergency and if neither the caseworker, designated visitation worker, or supervisor are able to make face-to-face contact, another county caseworker may make contact. If, due to the emergency or disaster, the caseworker could not or should not make contact, even through video conferencing, if allowed, this should be documented in the CCWIS and only done under limited circumstances related to the disaster and/or emergency declaration.
6. Interstate compact on the placement of child(ren)/youth (ICPC): for cases governed by the ICPC, the assigned or contracted caseworker in the state where the child(ren)/youth is placed may be the designated visitation caseworker. A written quarterly report on the contact must be requested by the Colorado caseworker or custodial agency. The Colorado caseworker or custodial agency assigned to the case shall document the designated visitation caseworker's visits in the comprehensive child welfare information system (CCWIS).
7. Other groups:
a. Finalized subsidized adoption services: contact must occur every three (3) years through face-to-face, real-time video resources, telephone, electronic mail or mail.
B. Parent(s)/guardian(s):

For program areas 4, 5, and 6 in both in-home and out of home cases, the primary purposes for contacts with parent(s)/guardian(s) are to assess the ability of the parent(s) to provide safely for the child(ren)/youth and make progress toward family service plan goals. There are no minimum contact expectations if a youth is participating in the foster youth in transition program.

1. Frequency: a face-to-face contact is required every calendar month with parent(s)/guardian(s) of the child(ren)/youth.
2. Exceptions: the exceptions to calendar month face-to-face contact with parents are as follows:
a. When the parent/guardian, as determined by the county, does not reside in the state;
b. When the parent/guardian is currently incarcerated and sentenced to incarceration for two or more years during the life of the case. Monthly face-to face contact shall resume once a parent is released to a community setting or a parent's remaining time to be served falls below two years;
c. When the parent/guardian's whereabouts are not known despite efforts to locate the parent/guardian. Such efforts must be documented monthly in the CCWIS;
d. The parent indicated and it is documented in the CCWIS that they do not want to be involved in the child(ren)/youth's life and the worker's face-to-face contact with the parent/guardian is not in the child(ren)/youth's best interest as determined by the court;
e. Termination of parental rights/relinquishment is ordered.
f. If the court determines no further engagement is necessary, then continued monthly efforts to contact and document are no longer required. These orders must be entered at a minimum in the next 90-day review.
3. Engagement: monthly engagement must occur with all parents/guardians regardless of ability or requirement to have face-to-face contact, unless termination of parental rights has occurred, regardless of the status of appeal. This may include monthly efforts to engage through telephone calls, letters, or electronic communication.
4. Documentation: all case contacts with parent(s)/guardian(s) by the county department must be recorded in the CCWIS, and must reflect how the purpose of the visit was accomplished.
a. Unable to complete: if the minimum case contacts are not able to be completed by the county in any given month, the county shall document those reasons in the CCWIS including the case circumstances, why the contact is not possible, and how the county department will monitor progress. If the court determines no further engagement is necessary then continued monthly efforts to contact and document is no longer required.
5. Who can make contact:
a. Contacts must be completed by someone who has working knowledge of the case and is employed or contracted with a county department of human/social services, or a service provider contracted through a county department of human/social services who has full responsibility for case planning and case management (for example, fully or partially privatized child welfare systems where full case management responsibilities are delegated to contract agencies).
b. If the parent(s)/guardian(s) reside on tribal land, the county department of human/social services shall coordinate and collaborate with the tribal agency to determine how contact with parent(s)/guardian(s) will occur.
C. Intended permanent caregiver(s):

The primary purposes for contacts with intended permanent caregiver(s) are to assess the ability of the intended permanent caregiver(s) to provide safely for the child(ren)/youth and make progress toward family service plan goals. The intended permanent caregiver(s) is determined and documented by the county department of human/social services in the CCWIS.

1. Frequency: a face-to-face contact is required every calendar month with intended permanent caregiver(s) of the child(ren)/youth.
2. Exception: calendar month face-to-face contact is not required with the intended permanent caregiver(s) when the intended permanent caregiver(s) resides out of the state.
3. Engagement: monthly engagement must occur with all intended permanent caregiver(s) regardless of ability or requirement to have face-to-face contact. This may include monthly efforts to engage through telephone calls, letters, or electronic communication.
4. Documentation: all case contacts with intended permanent caregiver(s) by the county department must be recorded in the CCWIS, and must reflect how the purpose of the visit was accomplished.
a. Unable to complete: if the minimum case contacts are not able to be completed by the county in any given month, the county shall document those reasons in the CCWIS including the case circumstances, why the direct contact is not possible, and how the county department will monitor progress.
5. Who can make contact:
a. Contacts must be completed by someone who has working knowledge of the case and is employed or contracted with a county department of human/social services, or a service provider contracted through a county department of human/social services who has full responsibility for case planning and case management (for example, fully or partially privatized child welfare systems where full case management responsibilities are delegated to contract agencies).
b. If the intended permanent caregiver(s) reside on tribal land, the county department of human/social services shall coordinate and collaborate with the tribal agency to determine how contact with intended permanent caregiver(s) will occur.

12 CCR 2509-3-7.204

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