12 Colo. Code Regs. § 2509-4-7.305

Current through Register Vol. 47, No. 10, May 30, 2024

Section 12 CCR 2509-4-7.305 - [Effective 6/1/2024] YOUTH SERVICES

7.305.1PREPARATION FOR ADULTHOOD

Preparation for adulthood includes programs and services to prepare youth in out-of-home care for the transition to a successful adulthood. Services for all children and youth in out-of-home care should include efforts to build life skills, self-sufficiency competencies, and permanent connections; however, such services with the exception of Chafee are mandatory for youth fourteen (14) years of age and older regardless of their permanency goal.

7.305.2SPECIFIC PROCEDURES

A. The county department shall assess all youth in foster care who have reached the age of fourteen (14) for services to prepare for adulthood and shall complete the Roadmap to Success part of the Family Services Plan (FSP). This is required regardless of the specified permanency goal of the case plan.

B. The county department's assessment shall include documentation of:

1. The youth's capacity for self-sufficiency and self-support by reviewing daily living skills, in consideration of their age and appropriate developmental expectations/milestones.

2. An evaluation of individual, family, community, and financial support resources available to promote emancipation or semi-independent living.

C. Following assessment, the Roadmap to Success (RTS) shall be developed in consultation with the youth, caseworker, care provider(s), and, at the option of the youth, up to two (2) other significant persons chosen by the youth who are not the foster parent or caseworker for the youth and documented in the FSP in the state automated system. If the county Department of Human or Social Services has good cause to believe an individual selected by the youth will not act in his or her best interest, the planning team may designate another advocate for the youth.

1. The case plan and court report following a staffing or meeting shall describe the services to help the youth transition to successful adulthood, including, but not limited to, ongoing opportunities to engage in age and developmentally appropriate activities and, if the youth is pregnant and/or a parent, the parenting supports provided to the youth.

2. The case plan shall document the rights of the youth to education, health, family time, court participation, the right to stay safe and avoid exploitation, and the right to receive a credit report annually. A signed acknowledgment that the youth was provided a copy of these rights and that they were explained in an age or developmentally appropriate way shall be included in the case plan.

D. A Supervised Independent Living Placement is an out-of-home placement.

1. The county department may utilize a supervised independent living placement for youth at least sixteen (16) years of age through the last day of the month of their twenty-first (21) birthday when the county has placement and care responsibility.

2. Approved supervised independent living placement settings may include an approved college dormitory, transitional living program, an apartment or other private housing, or another age or developmentally appropriate placement

3. The use of a supervised independent living placement for youth ages sixteen (16) up to eighteen (18) may only be utilized after considering the youth's developmental needs and assets, supports that are available to the youth, and documentation in case notes that all other options have been exhausted.

4. For youth ages sixteen (16) up to eighteen (18), placement in a supervised independent living placement must follow a period in out-of-home care.

5. when the placement is not a college dormitory operated by an institution of higher education, adults residing in the household with the youth shall be required to successfully complete background checks as described in 12 CCR 2509-5.

6. An update to the existing Roadmap to Success (RTS) must be completed, preferably within 30 days prior to, but no later than 30 days after, the start date of the supervised independent living placement.

7. The county department shall establish a written policy for the use of supervised independent living placement. The policy shall address the following:

a. Assessing each youth's readiness to be successful in a supervised independent living placement, the safety of the placement, the availability of supportive services and resources for youth transitioning into adulthood, any county-specific policies around caseworker contact with the youth, and the process for ongoing review.

b. Supervised independent living placement funds shall be provided to the youth and be sufficient to have their needs met as identified in 12 CCR 2509-8 Sections 7.708.26, 7.708.31, 7.708.41, 7.708.42, 7.708.43, and 7.708.44, as well as having access to a working telephone and internet.

c. Additional supervised independent living placement funds may be provided to the youth as an incentive for progress towards and/or achievement of goals.

d. Decisions to withhold supervised independent living placement funds provided to the youth per section (c) shall not reduce the amount provided per subsection (b) and must be according to defined guidelines found in the county policy.

e. Defined appeal process and notification procedures for youth whose supervised independent living placement funds under subsection (c) are withheld.

f. Defined process for how and when a supervised independent living placement may be terminated. The policy must address potential termination reasons including, but not limited to, concerns for current or impending danger or court case closure.

8. A signed copy of the supervised independent living placement agreement and a signed expectations/acknowledgement that the youth was provided a copy of the county guidelines. These documents shall be explained in an age or developmentally appropriate way and shall be included in the case file.

E. Free Annual Credit Record Report for Youth Fourteen (14) Years of Age and Older in Foster Care

The following steps shall be taken:

1. The county department shall obtain free annual credit report information from the three credit reporting agencies designated by the Department for youth who are in foster care and are at least fourteen (14) years of age, and provide the information to the youth and Guardian ad Litem (GAL) and/or counsel for youth;

2. If the youth objects to obtaining the credit report, the county department shall inform the court and request that the court issue an order authorizing the county to obtain the credit report.

3. The county department shall maintain a copy of each credit report in the case record; and,

4. Should the annual report show evidence of any inaccuracies, the county department shall inform the court of the inaccuracies, refer the youth to a Colorado Department of Human Services approved governmental or non-profit entity to resolve the inaccuracies, and inform the GAL and/or counsel for youth of the referral.

F. The youth, county department caseworker, provider(s), and other representatives of the youth as appropriate, shall jointly develop a detailed, formal emancipation transition plan no more than ninety (90) days prior to the emancipation date of the youth. The plan, signed by all parties, shall include, but need not be limited to, the following:

1. Assurance that the plan meets the specific self-sufficiency/cost of living standard in the county or state where the youth plans to reside.

2. a plan shall be developed with the youth based on the information from the assessment and the youth's goals.

3. Personalization at the direction of the youth to meet the individual emancipation needs in order to help prevent homelessness.

4. Copies of verifiable vital documents required in Section 7.305.5.

5. Specific options for:

a. Housing,

b. Health insurance and health care decision-making information,

c. Education,

d. Local opportunities for safe mentors,

e. Continuing after-care support services, and

f. Work force supports and employment services.

6. The plan shall be documented in the State Department's automated system in the Family Services Plan, and a copy given to the youth free of charge.

7.305.3NATIONAL YOUTH IN TRANSITION DATABASE (NYTD) [Rev. eff. 11/1/15]

The National Youth in Transition Database (NYTD) is a federal reporting requirement. Information is collected in NYTD about youth in foster care, including sex, race, ethnicity, date of birth, and foster care status. Information is also collected about the outcomes of youth who are in or have exited foster care.

7.305.31Served Population [Eff. 10/1/10]

The served population consists of youth and children in out-of-home care, regardless of age, receiving independent living services that are paid for or provided by the state or county.

The county department shall enter the following information into various fields of the State's automated data system:

A. Basic Demographic Information

1. Date of birth;

2. Sex;

3. Race;

4. Hispanic/Latino ethnicity.

B. Youth/Child Characteristics

1. Adjudicated delinquent;

2. Out-of-home status;

3. Federally-recognized tribe;

4. Educational level;

5. Special education.

C. Independent Living Services

1. Independent living needs assessment;

2. Academic support;

3. Post-secondary educational support;

4. Career preparation;

5. Employment programs or vocational training;

6. Budget and financial management;

7. Housing education and home management training;

8. Health education and risk prevention;

9. Family support and healthy marriage education;

10. Mentoring;

11. Supervised independent living;

12. "Room and board" financial assistance;

13. Educational financial assistance; and,

14. Other financial assistance.

7.305.32Baseline Population

The "Baseline Population" consists of any youth who is in out-of-home placement, for even one day, and that has reached age seventeen (17) as of October 1, 2010 through September 30, 2011, and every third year thereafter.

The county department shall assure that surveys for the "Baseline Population" are completed within forty-five (45) days of the youth turning age seventeen (17).

7.305.33Follow-Up Population [Rev. eff. 11/1/15]

The "Follow-Up Population" consists of young people who were in the baseline population at age seventeen (17) who reach age nineteen (19) or age twenty-one (21) during the six-month survey period and who appear in the survey population or sample indicated in the Trails NYTD screen.

For youth open in a case and who are in the "Follow-Up Population", the county department or Division of Youth Services shall assure that the "follow-up surveys" are completed by the youth within the six (6) month period to which they are assigned.

For youth who have discharged from care who are in the "follow-up population", the county department or Division of Youth Services shall assist the Division of Child Welfare in locating and engaging youth to complete the survey during the period to which they are assigned.

7.305.34[Eff. 10/1/10]

When a youth in either the Baseline or Follow-Up population is unable to participate, the county shall document the reason in the State's automated system. The reasons that shall be given are:

A. Youth declined participation;

B. Parent declined on behalf of the youth;

C. Youth is incapacitated;

D. Youth is incarcerated;

E. Runaway/missing youth;

F. Unable to locate the youth;

G. Youth has died.

7.305.4CHAFEE PROGRAM - TITLE IV-E INDEPENDENT LIVING GRANT INITIATIVE

The purpose of the Chafee Program is to provide age or developmentally appropriate services and resources to support a successful transition to adulthood for eligible current and former foster youth. These services are voluntary and complement the youth's own efforts towards self-sufficiency. The services shall supplement existing independent living resources and programs in county departments, residential child care facilities and child placement agencies, and by federal statute, shall not replace or duplicate existing services. Chafee Program funds shall not be used for room and board for a youth under eighteen (18) years of participating as child in open child welfare case. See section 7.305.42 for eligibility requirements.

7.305.41County Responsibilities [Rev. eff. 11/1/15]

A. The designated host county department or program shall submit a county plan for State approval.

B. The county department or program shall comply in format, content, and time lines with the instructions for Chafee Program plans as published by the State Department in an agency letter which will also contain required instructions for program and financial reporting.

C. The county department or program shall administer the State approved plan in accordance with provisions of the plan.

D. Funds shall be used exclusively for the purposes specified in the plan.

E. Chafee programs must submit amendments to approved plans when the county or program is proposing to add or delete a service to the plan. The program shall submit amendments TO the plan with signature from agency designee for approval to the State Department no less than thirty (30) business days before the amendment is to be effective. Written approval will be provided by the state department within thirty (30) business days after submission of the updated changes.

F. The county department must consider the following factors, in the prioritization of Chafee services on an individual basis:

1. Transfer of Chafee services from another county, provider, or state;

2. Risk or history of homelessness;

3. Risk or history of human trafficking or exploitation;

4. Youth has discharged from an out-of-home placement or exited from an eligible placement through the division of youth services after attaining age eighteen (18);

5. In an out-of-home placement at age sixteen (16) up to twenty-one (21) years of age;

6. Remaining eligible populations.

G. Chafee referral requirements:

1. Referrals for youth in care:

A. Approved program referral form,

B. Copy of Roadmap to Success signed by youth and caseworker (or DYS case plan), and

C. Documented proof of citizenship or legal presence.

2. Self-referrals and youth who are no longer in care:

A. Program referral form (to be filled out with the youth),

B. Verification of Chafee eligibility, and

C. Documented proof of citizenship or legal presence.

7.305.42Eligibility

Effective October 1, 2020, eligibility for the Chafee program will align with the standards put forth in the John H. Chafee Foster Care Program for Successful Transition to Adulthood section of the Social Security Act [SSA section 477. [42 U.S.C. 677] (a)] and all federal guidance that pertains to that section.

7.305.43Colorado Fostering Success Voucher Program

The purpose of the Colorado Fostering Success Voucher Program is to provide rental assistance vouchers to recipients along with age, developmentally, and culturally appropriate case management.

A. Colorado Fostering Success Voucher Program youth/participant eligibility

1. In order to be eligible for the Colorado Fostering Success Voucher Program, youth must:

a. Be at least 18 years of age but less than 26 years of age;

b. Reside in Colorado;

c. Be currently experiencing homelessness or be at imminent risk of homelessness, as defined by the Department's Foster Youth Successful Transition to Adulthood Grant Program Advisory Board described in section 19-7-314(3), C.R.S., and have voluntarily agreed to participate in services offered and provided by a case management agency;

i. The definition of imminent risk of homelessness established by the Foster Youth Successful Transition to Adulthood Grant Program Advisory Boardshall provide the flexibility necessary to meet the unique needs of this population and shall ensure that a youth's participation in programs intended to support a successful transition to adulthood shall not exclude or prohibit a youth's ability to access the program.

d. Have income that does not exceed a level determined pursuant to section 19-7-314.5(2)(b)(v), C.R.S.; and

e. Meet one of the following foster care (as defined by section 19-1-103(66), C.R.S.) eligibility requirements:

i. Was in foster care on or after their 14th birthday; or

ii. Was in noncertified kinship care (as defined by section 19-1-103 (102), C.R.S.) on or after their 14th birthday and adjudicated dependent and neglected pursuant to article 3 of title 19; or

iii. Turned 18 years of age when the youth was a named child or youth in a dependency and neglect case.

f. Voucher recipients must continue to participate in case management services provided by the case management agency in order to remain eligible for the rental assistance voucher.

g. The state Department of Human Services will work in partnership with the Colorado Department of Local Affairs and the Foster Youth Successful Transition to Adulthood Grant Program Advisory Board described in section 19-7-314(3), C.R.S. to develop an appeals process for program applications that are denied due to eligibility.

B. Case management agency eligibility and application process

1. Organizations that are eligible to apply for the Colorado Foster Success Voucher Program must be:

a. A current grant recipient of the Foster Youth Successful Transition to Adulthood Grant Program; or

b. Currently operating a Chafee Foster Care Program for Successful Transition to Adulthood Program in Colorado.

C. Case management requirements for case management agencies

1. Case management service providers shall follow the Chafee and/or Colorado Foster Youth Successful Transition to Adulthood State Grant Program plan submitted to and approved by the Department.

A. A case management agency shall make reasonable efforts to engage a youth in case management activities and to support the youth with coming into compliance with voucher requirements prior to terminating the voucher or case management services.

7.305.5Vital Life Documents Prior to Emancipation

A. All youth in foster care who have reached the age of eighteen (18), and who have been in foster care at least six (6) months, shall be provided with the following documents no more than ninety (90) days prior to the emancipation date of the youth, unless there is no record of the youth's birth or the identity of the youth cannot be established, in which case the basis for this shall be documented in the State automated system:

1. A certified birth certificate or, when applicable, an alien registration card (green card);

2. Tribal affiliation information for American Indian/Alaskan Native youth (see section 7.309.21, A and B);

3. A Social Security card;

4. A state identification card or a state driver's license;

5. A Health Passport and other pertinent health-related records, to include health care decision-making information, and health insurance information; and,

6. Educational records (see Section 7.301.242).

7. Official documentation to prove the youth was in out-of-home placement.

B. For all male youth with a permanency goal of "Other Planned Permanent Living Arrangement", the county shall facilitate registration for the Selective Service System.

12 CCR 2509-4-7.305

38 CR 13, July 10, 2015, effective 8/1/2015

38 CR 19, October 10, 2015, effective 11/1/2015

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 03, February 10, 2016, effective 3/1/2016

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

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 01, January 10, 2017, effective 2/1/2017

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 17, September 10, 2017, effective 10/1/2017

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

41 CR 01, January 10, 2018, effective 2/1/2018

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 3/30/2019

42 CR 15, August 10, 2019, effective 9/1/2019

42 CR 23, December 10, 2019, effective 1/1/2020

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 09, May 10, 2020, effective 6/1/2020

43 CR 15, August 10, 2020, effective 9/1/2020

43 CR 17, September 10, 2020, effective 9/30/2020

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

44 CR 03, February 10, 2021, effective 3/2/2021

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

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 09, May 10, 2023, effective 6/1/2023

46 CR 13, July 10, 2023, effective 7/31/2023

46 CR 23, December 10, 2023, effective 1/1/2024

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