12 Colo. Code Regs. § 2509-4-7.311

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

Section 12 CCR 2509-4-7.311 - RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM [Rev eff. 12/1/12]

The Relative Guardianship Assistance Program provides assistance to a relative guardian in a defined and limited manner so that permanency is achieved for an eligible youth or child. Relative guardianship assistance is intended to help or remove financial or other barriers for a relative guardian, as defined in Section 7.311.1, of a Colorado youth or child by providing assistance to the relative guardian to care for and raise the youth or child. The Relative Guardianship Assistance Program elements are as follows:

A. Reunification and adoption efforts must have been exhausted and those goals have been ruled out based on individualized needs.

B. The program is most appropriate for older youth who choose not to be adopted and who want to maintain familial ties while living safely and achieving permanency with a relative guardian.

C. The program shall not supplant diligent reunification or adoption efforts.

D. Youth who are twelve (12) years and older and who refuse adoption shall receive ongoing counseling by a professional who is knowledgeable about adoption and permanency issues.

E. All requirements of this section relate solely to the Relative Guardianship Assistance Program and excludes any other type of guardianship.

7.311.1ELIGIBILITY REQUIREMENTS [Rev. eff. 1/1/16]

Eligibility requirements for the prospective relative guardian and youth and/or child must be documented in the Family Services Plan in the child welfare case management system and are as follows, including the definition specific to relationships for a kinship foster home in § 19-1-103 (71.3), C.R.S.:

A. For the purpose of the Relative Guardianship Assistance Program, a relative is defined as:

1. An adult who is related to the youth or child in the fifth (5th) degree of kinship;

2. Related to the youth or child through marriage or adoption;

3. A person ascribed by the family as having a family-like relationship; or,

4. An individual that had a prior significant relationship with the youth or child.

B. The most recent removal occurred through a court order, or a voluntary placement agreement and subsequent court order for authority for placement that includes a judicial determination that continuation in the home would be contrary to the welfare of the youth or child; and,

C. The prospective relative guardian was the:

1. Relative foster care parent for the youth or child for a minimum of six (6) consecutive months while the youth or child resided in the home, excluding breaks in full certification due to provisional or probationary certificates being issued, or other adverse action taken regarding the certificate or,

2. Non-relative foster care parent for a minimum of twelve (12) consecutive months while the youth resided in the home, excluding breaks in full certification due to any adverse action taken regarding the certificate if all of the following requirements are met:

a. The youth is twelve (12) years of age or older; and,

b. The youth consents to guardianship or allocation of parental responsibilities (apr) with the foster parent; and,

c. The dependency and neglect court finds that the youth has a substantial psychological tie to the foster parent and it would be seriously detrimental to the emotional well-being of the youth to remove the youth from the foster parent's care as referenced in § 19-3-702(5) (a) (III) and (5) (b), C.R.S.; and,

d. the dependency and neglect court makes a finding pursuant to § 19-3-702(5) (a) (III), C.R.S., that the foster parent is unable to adopt the youth because of exceptional circumstances, which do not include unwillingness to accept legal responsibility for the youth, but is willing and capable of providing the child with a stable and permanent environment; and,

e. In the case of the sibling(s) of a child meeting the requirements in (a-d) residing in the same foster care home, the siblings must meet the requirements in (c-d).

D. Reunification and adoption are not appropriate permanency goal options for the youth or child; and,

E. The youth or child demonstrates a strong attachment to the relative; and,

F. Youth who are age twelve (12) or older are consulted about their expressed wishes to be placed in a relative guardianship (refer to Section 7.311.2, A); and,

G. The prospective relative guardian has a strong commitment to caring for the youth or child permanently; and,

H. The reason why permanent placement with a prospective relative guardian and receipt of a relative guardianship assistance payment is in the best interests of the youth or child.

7.311.2COUNTY DEPARTMENT RESPONSIBILITIES

The county Department of Human or Social Services shall assess and demonstrate the youth or child's appropriateness for the Relative Guardianship Assistance Program.

Documentation in the Family Services Plan in the State automated case management system shall include:

A. Efforts to discuss adoption with the kinship foster care parent as the more permanent option for the youth and/or child and the reasons that the prospective relative guardian is unwilling to adopt. The goal of the discussion shall be to assure that the prospective guardian makes a fully informed decision regarding the permanency options that are available. The discussion shall include, but not be limited to, the following areas:

1. The legal differences between termination of parental rights for adoption and the transfer of guardianship.

2. The relationship with the birth or custodial family; and,

3. Family time with the birth or custodial family and sibling as outlined in 7.304.64, 7.304.65, and section 7.311.21, B.

B. The prospective relative guardian understands the significance of permanency through guardianship and the importance in continuing to be a permanent family after the youth or child exits the relative guardianship assistance program.

C. Efforts to discuss the relative guardianship assistance arrangement with the parents or legal custodians of the youth or child, and if it was not discussed with the parents, provide the reasons why the efforts were not made.

D. If relinquishment or termination of parental rights occurred for the youth or child, how the requirements in Section 7.306 are met to assure that concerted efforts to achieve adoption were made and documented. When the goal of adoption is ruled out, the requirements in Section 7.306.14, B, 2 (Colorado Adoption Resource Registry) shall be met.

7.311.21Placement with Siblings

In addition to requirements in Section 7.301.24, the county Department of Human or Social Services shall document:

A. The efforts to place siblings together in the kinship foster care home.

B. The ongoing efforts to facilitate placement together and the efforts to maintain frequent Family Time and ongoing connections for siblings that live apart.

7.311.22Inclusion of Siblings in a Relative Guardianship Assistance Agreement [Eff. 2/1/10]

A. Sibling(s) of a youth or child who meet all other requirements identified in Section 7.311.1 except the Title IV-E eligibility may be included in the same relative guardianship assistance agreement when there is agreement by the sibling(s) of the youth or child, prospective relative guardian, and the county department that the arrangement is in the best interests of the sibling(s) of the youth or child. This may occur on or at a later date than the youth or child who is Title IV-E eligible, and

B. Relative guardianship assistance payments may be made on behalf of each sibling in the same relative guardianship assistance agreement.

7.311.3RELATIVE GUARDIANSHIP ASSISTANCE RECORDS [Eff. 2/1/10]

A. Information in the record shall be updated when changes occur or additional information is available.

B. Upon termination of the Relative Guardianship Assistance Agreement the record shall be closed.

7.311.4BENEFITS [Eff. 2/1/10]

Social/Supplemental Security benefits for a youth or child in a Relative Guardianship Assistance Agreement:

A. The county department shall inform the prospective relative guardian of the potential eligibility for Social/Supplemental Security benefits for any youth or child placed with them.

B. When a youth or child is eligible for Social/Supplemental Security benefits and is receiving relative guardianship assistance, the relative guardian must inform the agency of the receipt of these benefits.

7.311.41Legal Residence of the Youth or Child in a Relative Guardianship Assistance Agreement for Medicaid [Eff. 2/1/10]

A. Following the court appointment of relative guardianship, if the youth or child resides in a different county than the county in which the relative guardianship was granted in Colorado, the county of residence where the youth or child is placed shall open Medicaid benefits.

B. The placing county department shall send written notification to the resident county to expedite timely opening of the Medicaid benefits.

7.311.42For Chafee Foster Care Independence Program Services, see Section 7.305.4. [Eff. 2/1/10]

7.311.5RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM SERVICES [Rev. eff. 12/1/12]

A. The Relative Guardianship Assistance Program includes Title IV-E and a state and county-only (non Title IV-E) program.

1. The federal government participates in relative guardianship assistance agreements for youth and children who meet the eligibility criteria for the Title IV-E relative guardianship assistance program.

2. The state and county participate in relative guardianship assistance agreements for youth and children who are not eligible for the Title IV-E program.

B. The Relative Guardianship Assistance Program provides assistance to a relative guardian in a defined and limited manner so that permanency is achieved for an eligible youth or child where reunification and adoption are not appropriate goals. The following requirements are applicable to both programs:

1. The county department may make relative guardianship assistance payments and/or provide Medicaid or medical assistance following the appointment of the relative guardian by the probate court or the approval of an allocation of parental responsibilities (APR) by a juvenile or district court and continue the assistance until the youth has reached eighteen (18) years of age.

2. The determination for expiration of the agreement must be made and documented in the original negotiation and noted in the original documents for the relative guardianship assistance agreement.

3. The county department must determine that in each case a reasonable, but unsuccessful, effort to place the youth or child for adoption has been made before negotiating relative guardianship assistance, unless the best interests of the youth or child would not be served by such an effort.

4. The county department may not use an income eligibility requirement (income means test) for the prospective relative guardian in determining eligibility for relative guardianship assistance.

5. The relative guardianship assistance agreement that is negotiated shall be based on the needs of the youth or child and the relative guardian's circumstances.

6. Public community-based programs or services that the youth or child is eligible for shall be accessed first to address the needs of the youth or child before a relative guardianship assistance agreement is negotiated.

7. The county department may authorize the following types of relative guardianship assistance agreements:

a. A "long-term relative guardianship assistance agreement" is intended to partially meet the daily needs of a youth or child indefinitely. A long-term agreement is made when the relative guardian's financial situation is a barrier to achievement of relative guardianship and where it is unlikely to change. It may also occur when the needs of the youth or child creates an excessive hardship on the relative guardian's financial and emotional resources. This type of monthly payment may continue until the circumstances change for the youth, child or the relative guardian, or the agreement terminates as outlined in the relative guardianship assistance agreement.

b. A "time-limited relative guardianship assistance agreement" is intended to partially meet the daily needs of the youth or child for a specified period. Funds may be used for start-up costs for items that the youth or child placed in relative guardianship may not have, such as sufficient clothing. The agreement partially covers unmet needs that are time-limited and non-renewable.

c. A "core" relative guardianship assistance agreement (Title IV-E only) means there is a minimum monthly assistance payment of at least ten dollars ($10) and Medicaid provided. County departments shall document any specific needs that may occur in the future for the youth or child in the services record and in the State Department's automated system. The agreement identifies a potential need for increased financial relative guardianship assistance that may be activated at a future time.

d. A "dormant relative guardianship assistance agreement" (non-Title IV-E only) means there is no relative assistance payment provided. County departments shall document any specific needs that may occur in the future for the youth or child in the services record and in the State automated system. The agreement identifies a potential need for financial relative guardianship assistance that may be activated at a future time. Medicaid benefits may be accessed (refer to Section 7.311.62, B).

8. If the youth or child is reunited with the parent(s), previous legal custodian, or is adopted, eligibility for relative guardianship assistance is terminated.

9. A relative guardian who meets the criteria for relative guardianship assistance are eligible for non-recurring relative guardianship assistance expenses.

10. The contact requirements in Section 7.001.6 shall be met prior to court appointment of relative guardianship. The contacts shall be documented in the State Department's automated system.

11. Case services payments may be part of the relative guardianship assistance agreement; these payments may be made directly to the providers of service or to the appointed relative guardian.

C. Applicable Groups for Relative Guardianship Assistance

1. Youth or children who are in the custody of the county department.

2. The county department requesting the assistance agreement is financially responsible for the care of the youth or child.

D. County Department Requirements for Relative Guardianship Assistance

1. While the Relative Guardianship Assistance agreement is in effect, a combined record for each youth or child and the relative guardian shall be maintained.

A combined record shall contain documentation about each youth or child and the relative guardian, which is relevant to the guardianship assistance agreement including, but not limited to, application, Structured Analysis Family Evaluation (SAFE) home study and applicable update(s) related to the relative guardianship, medical records, placement history, specific needs requiring purchase of services, confirmation of second opinions of professionals outside of the county department (licensed social worker, doctor, psychologist, or mental health specialist), annual school reports, and other applicable reports or evaluations.

2. The county department shall prepare the documentation necessary for the youth or child for relative guardianship assistance on the State Department's prescribed form no later than one calendar month prior to the court appointment of the relative guardianship.

3. The county department shall review the information on the State Department's prescribed form with the relative kinship guardian. All parties shall date, sign, and initial the document before the court appoints the relative guardian.

4. The county department shall enter the legal relative guardianship information for each youth or child into the State Department's automated system within thirty (30) calendar days following the date that the court appoints the relative guardian. The eligibility determination shall be completed in the Title IV-E module within forty-five (45) calendar days following the date that the court appoints the relative guardian.

7.311.51Provision of Services [Eff. 2/1/10]

Following the court appointment of the relative guardianship, the county department shall provide services to the youth or child and the relative guardian family as addressed in the guardianship assistance agreement to assure stability of permanency. This does not preclude providing additional services based on current or temporary circumstances including, but not limited to, core services.

7.311.6RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT SERVICES [Rev. eff. 12/1/12]

A. The county department may make relative guardianship assistance payments and/or provide Medicaid or medical assistance at the time the relative guardianship is appointed by the court and continue the payments until the youth reaches the age of eighteen (18).

B. The expiration of the agreement must be determined and documented in the original negotiation and noted in the original paperwork for the relative guardianship assistance agreement.

C. The county department shall not use an income eligibility requirement (income means test) for the prospective relative guardian in determining eligibility for relative guardianship assistance.

D. The relative guardianship assistance agreement shall be negotiated in good faith and based upon the needs of the youth or child and circumstances of the relative guardian.

E. Public community-based programs or services that the youth or child is eligible for shall be accessed first to address the needs of the youth or child before a relative guardianship assistance agreement is negotiated.

F. If the youth or child is reunited with the birth parent(s) or legal custodians, the youth or child is not eligible for relative guardianship assistance.

G. Relative guardians of youth or children who meet the criteria for relative guardianship assistance are eligible for non-recurring relative guardianship expenses.

H. Relative guardianship assistance services may be provided for youth and children who meet the requirements, and:

1. The payment may not exceed the foster care reimbursement.

2. A binding relative Guardianship Assistance Agreement shall be negotiated and a copy provided to the relative guardian.

3. The relative guardian may renegotiate the agreement if the needs of the youth or child, or the circumstances of the relative guardian, change.

I. The amount of the assistance agreement and the manner that the payments will be provided shall be documented on the State prescribed forms.

7.311.61Title IV-E Relative Guardianship Assistance [Rev. eff. 11/1/15]

A. When a successor guardian is not identified in the original assistance agreement (or in an addendum to the assistance agreement dated prior to incapacitation or death of the relative guardian) and the relative guardianship is removed or an allocation of parental responsibilities is modified, the youth or child and the subsequent relative guardian must meet all Relative Guardianship Assistance Program eligibility requirements, including:

1. A new determination regarding the continuing needs of the youth or child;

2. Completion of a new relative guardianship assistance agreement with the new relative guardian; and/or,

3. If the previous relative guardian is deceased, a copy of the death certificate must be provided.

B. After a youth or child has been determined eligible for Title IV-E relative guardianship assistance payments and/or Title IV-E Medicaid benefits, Title IV-E eligibility continues while there is a relative guardianship assistance agreement in effect:

1. Eligibility continues as long as the youth or child meets the requirements regardless of the relative guardian's state of residence.

2. Title IV-E relative guardianship assistance benefits and/or Title IV-E Medicaid benefits must continue until the expiration of the original agreement unless all parties to the agreement are in concurrence. This includes, but is not limited to, a situation where the relative guardian fails to complete and return paperwork related to the three-year review of the assistance agreement.

3. If the previous relative guardian is deceased, a copy of the death certificate must be provided.

C. Eligibility Determination for Medicaid in Title IV-E Relative Guardianship Assistance

1. A youth or child who is eligible to receive a Title IV-E payment is categorically eligible for Medicaid. A relative guardianship assistance payment is required to extend Medicaid coverage.

2. Medicaid eligibility shall continue for Title IV-E eligible youth and children who are out of the home for more than thirty calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State Department's prescribed form (see county responsibility, Section 7.402.2).

3. Medicaid eligibility for the youth or child shall be re-determined annually only if the youth or child continues to be eligible for Medicaid. Complete the State Department's prescribed form or a form letter stating that the youth or child continues to be eligible for Medicaid. This document shall be sent to other states by the county department to ensure continuation of Medicaid for a youth or child who is residing out of state.

7.311.62State-County Relative Guardianship Assistance (Non-Title IV-E) [Rev. eff. 11/1/15]

A. Non-Title IV-E relative guardianship assistance services may be provided to a youth or child who does not meet eligibility criteria as determined in the Title IV-E module, and:

1. The youth or child was not Title IV-E eligible in foster care.

2. The youth or child was placed in foster care with the county department through a court order or a voluntary placement agreement with the county; and,

a. There was no subsequent petition with the court and a court order within 180 days of living with the specified relative that includes "best interest" or "contrary to the welfare language; or,

b. There was no foster care payment made while in care under the voluntary placement agreement.

B. Medicaid Eligibility Determination for Non-Title IV-E Relative Guardianship Assistance

1. Youth and children who are eligible for a relative guardianship assistance agreement, but are not Title IV-E eligible may be eligible for:

a. Medicaid through other categories of assistance; and/or,

b. Temporary Assistance for Needy Families (TANF).

2. Medicaid eligibility may be continued when the youth or child is in out-of-home care for thirty (30) calendar days, depending on the county department's policy.

3. Medicaid eligibility shall be redetermined annually only when the youth or child continues to be eligible for Medicaid. This shall be completed on the State Department's prescribed form.

C. When a successor guardian is not identified in the original assistance agreement (or in an addendum to the assistance agreement dated prior to incapacitation or death of the relative guardian) and the relative guardianship is removed or an allocation of parental responsibilities is modified, the youth or child and the subsequent relative guardian must meet all Relative Guardianship Assistance Program eligibility requirements, including:

1. A new determination regarding the continuing needs of the youth or child; and,

2. Completion of a new relative guardianship assistance agreement with the new relative guardian; and/or,

3. If the previous relative guardian is deceased, a copy of the death certificate must be provided.

7.311.63Negotiation of Relative Guardianship Assistance Agreements [Rev. eff. 12/1/12]

A. The county department shall:

1. Establish a policy regarding the criteria used for calculating the relative guardianship assistance agreements. The agreements shall be established in accordance with the written policy.

2. Determine specific needs of the youth or child and eligibility for relative guardianship assistance.

3. Utilize financial information regarding the relative guardian's family including assets, liabilities and insurance benefits in negotiating the initial agreement, and any subsequent increases in relative guardianship assistance.

4. Not include a statement in the relative guardianship assistance agreement that Title IV-E relative guardianship assistance payments and/or services are subject to the appropriation of state funds.

5. Make a good faith effort to negotiate a relative guardianship assistance agreement with the relative guardian and base the negotiation on the needs of the youth and child and the circumstances of the relative guardian. If the parties cannot agree, the county department shall establish the amount. If the relative disagrees with the decision, a fair hearing may be requested.

6. Negotiate with the relative guardian the amount that is needed by the relative guardian to meet the needs of the youth or child. This may be less than the amount for which the youth or child qualifies.

7. Establish a maximum rate that may be provided to a relative guardian; the rate cannot exceed the current foster care maintenance rate that was reimbursed for the out-of-home care of the youth, or that would have been reimbursed if the youth or child was currently in out-of-home care. The monthly respite care payment that is provided in the foster care rate is not a benefit under the relative guardianship assistance program.

8. Identify additional services and assistance that the youth or child will be eligible for and the procedures for applying for the services.

9. Use the State Department's prescribed forms to document the negotiated agreement for Title IV-E or non-Title IV-E relative guardianship assistance, and attach supporting documentation.

10. Complete and sign the relative guardianship assistance agreement form specifying:

a. The dollar amount of the relative guardianship assistance being provided, if applicable.

b. The duration dates of the agreement:

1) Until the youth or child in relative guardianship reaches the age of eighteen (18) years, or,

2) On a case-by-case basis, the duration of the agreement may be sooner than this time. All parties must be in agreement with the earlier termination date.

c. The services and dates of services that are covered by the relative guardianship assistance agreement.

d. The relative guardianship assistance agreement must be signed and dated by all parties prior to the effective date of the agreement, which is the date that the court appoints relative guardianship. If the county department fails to completely execute the relative guardianship assistance agreement prior to the date the relative guardianship is appointed, the assistance payment will become nonreimbursable by the state and Title IV-E funds.

11. Review the agreement every three (3) years from the date of the initial agreement.

a. Any change in the relative guardianship assistance agreement shall be related to the original needs, identified at the time the decision was made that relative guardianship assistance was needed.

b. A Title IV-E relative guardianship assistance agreement shall not be changed without the concurrence of all parties. The only exception is if there is a reduction or increase in the foster care maintenance payment rate. In that circumstance the state may adjust the relative guardianship assistance payment without the relative guardian's agreement.

c. Any change in a non-Title IV-E relative guardianship assistance agreement must be related to the specific needs of the youth or child, the relative guardian's circumstances, and the county department's policy.

The county department shall negotiate with the relative guardian that when the youth or child is in out-of-home care or committed to the Division of Youth Services for more than thirty (30) days, the assistance payment shall be suspended until the youth or child returns to the relative guardian's home.

d. After the court appoints the relative guardianship, the county department shall not include additional needs for the relative guardianship assistance payment that are not directly related to the original identified needs of the youth or child, or unless the needs are based on a genetic relationship to the original needs.

e. The county department or a relative guardian may renegotiate an existing relative guardianship assistance agreement if the needs of the youth or child change and the information is related to the original needs that were identified or the family's circumstances.

12. For Title IV-E relative guardianship assistance agreements, there are situations after the relative guardianship appointment by the court where the guardian can request a state level fair hearing before an Administrative Law Judge (ALJ) concerning the eligibility of the youth or child or relative guardianship assistance benefits or the amount of those benefits. The situations include, but are not limited to:

a. Relevant facts regarding the youth or child that were known and not presented to the relative guardians prior to the court appointment of relative guardianship.

b. Denial of assistance based upon a means test of the relative guardian.

c. Guardians' belief that an erroneous determination was made finding a youth or child ineligible for relative guardianship assistance.

d. Denial of a request for a change in assistance payment rate due to a change in circumstances for the relative guardian.

e. Decrease in the amount of relative guardianship assistance without the agreement of the relative guardian except as previously noted in Section 7.311.63, A, 11, b.

7.311.64Successor Guardian [Eff. 11/1/15]

A. A successor guardian may be identified in the original Relative Guardianship Assistance

Agreement or in an addendum to the assistance agreement dated prior to incapacitation or death of the relative guardian for continuity of relationship and permanency, and to prevent re-entry into foster care for a youth or child, due to incapacitation or death of the original guardian.

1. Incapacitation means the relative guardian is substantially unable to perform the duties of a legal guardian for the youth or child(ren) named in the Relative Guardianship Assistance Agreement. Substantial inability to provide care may be due to a physically debilitating illness, disease, or injury; or a mental impairment resulting in substantial inability to understand the nature and consequences of decisions concerning the care of the youth or child.

2. The eligibility of a successor guardian at the time of incapacitation or death requires all of the following conditions:

a. The successor guardian must meet requirements applicable to foster care providers for fingerprint-based criminal background checks through the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) at the time of incapacitation or death;

b. All other adults residing in the home must meet requirements applicable to foster care providers for fingerprint-based criminal background checks through CBI and FBI at the time of incapacitation or death;

c. The successor guardian and all adults (eighteen years and older) residing in the home are not registered sex offenders;

d. The successor guardian has knowledge about the needs of the youth or child in the relative guardianship assistance agreement; and,

e. The successor guardian is committed to raise the youth or child.

3. Responsibilities of a successor guardian at the time of incapacitation or death of the original guardian and following appointment of guardianship include the following:

The successor guardian must:

a. Notify the county department with financial responsibility for the Relative Guardianship Assistance Agreement about the incapacitation or death of the original guardian;

b. Submit completed documentation of fingerprint-based CBI and FBI results;

c. Identify all adults living in the home and their dates of residences for the preceding five (5) years;

d. Petition the probate court for guardianship or petition the juvenile or district court with jurisdiction for an allocation of parent responsibilities of the youth or child as soon as possible;

e. Collaborate with the county department with financial responsibility to complete a Relative Guardianship Assistance Agreement commensurate with the current agreement and based upon the needs of the youth or child and the circumstances of the successor guardian;

f. Notify the county department of any significant changes that affect the terms of the assistance agreement;

g. Submit required reports to the court; and,

h. Provide annual verification of school attendance for the child(ren) or youth included in the assistance agreement.

4. Responsibilities of the county department include the following:

a. Upon notification of the incapacitation or death of a relative guardian, the county department shall suspend relative guardianship assistance payments and services identified in the original assistance agreement effective the date of incapacitation or death, until the successor guardian has attained guardianship of the youth or child through the probate court or an allocation of parental responsibilities through the juvenile or district court.

b. The county department shall review the current CBI and FBI fingerprint-based history provided by the successor guardian and for all adults (eighteen years and older residing in the home).

c. The county department shall request and review child abuse/neglect records in each state where the successor guardian and all adults (eighteen years and older) living in the home have resided in the five (5) years preceding the date of notification of incapacitation or death of the original guardian.

d. The county department shall complete national and CBI sex offender registry checks using the state prescribed procedures for the successor guardian and all adults (eighteen years and older) living in the home.

e. Upon determination that the prospective successor guardian meets requirements, the county department shall collaborate to provide commensurate assistance and services identified in the original Relative Guardianship Assistance Agreement and based upon the needs of the youth or child and the circumstances of the successor guardian.

f. The assistance agreement shall be signed by all appropriate parties prior to the date the court awards guardianship. The relative guardianship assistance is effective the date of guardianship.

7.311.7MEDICAL PAYMENTS IN RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENTS [Rev. eff. 12/1/12]

A. Medical payments in relative guardianship assistance agreements may be used to supplement any other available resource such as a relative guardian's private insurance that pays part but not all of the treatment (physical, mental, and emotional) for the youth or child.

1. Payments are made directly to relative guardians for a service already received or to a vendor for the treatment of physical, developmental disabilities, or an emotional disturbance.

2. Shall relate directly to the barrier(s) identified at the time the initial agreement is approved.

B. The payments are not available for treatment of any physical, developmental disability, or emotional disturbance diagnosed after the court appointment of the relative guardianship.

C. The payments may only be used for Medicaid cases if the service requested is a service that is not covered under the state Medicaid plan and relates to a need identified at the time the youth or child is placed in relative guardianship.

D. The payments for medical services shall reflect the reasonable costs of those services in the community where the youth or child resides.

7.311.71Reimbursable and Non-Reimbursable Relative Guardianship Assistance Case Services [Rev. eff. 12/1/12]

Case services are a type of purchased program services that support a case plan for youth and children in relative guardianship assistance.

Case services are provided to meet the special needs of a youth or child that were identified when the youth or child is placed into a relative guardianship and which are not covered by the relative guardianship assistance or Medicaid assistance agreements.

For eligibility for case services in a relative guardianship assistance agreement, the State Department's prescribed form outlining the agreement must be in place and the case open in the State Department's automated system as relative guardianship assistance case.

A. Medical

1. Orthodontia

a. Cosmetic reasons - not reimbursable.

b. Special needs directly related to the reason for which the youth or child was classified as special needs, e.g. cleft palate or injury related to an abuse will be reimbursable.

2. Eye Glasses

a. Eyeglasses are not reimbursable using case services funds because Medicaid pays for one (1) pair of glasses per year.

b. Payment for additional eye glasses during the year or contacts related to the special needs of the youth or child that were identified at the time of the initial relative guardianship assistance agreement are reimbursable.

3. Medication

a. Routine medication that is not related to the special needs of the youth or child -not reimbursable.

b. If related to the special needs of a youth or child - reimbursable. The medication must be prescribed by a licensed physician and related to the special need identified at the time the youth or child was approved for relative guardianship assistance.

4. Special Therapies - Speech, Occupational, and Physical

a. If not available through other community and family resources - reimbursable. Youth and school-age children should receive these services through the education system.

b. When these services are available in hospitals and clinics - not reimbursable because Medicaid covers these costs.

5. Special Medical Equipment

Special medical needs/equipment prescribed by a physician may be reimbursable. For a youth or child who is severely physically challenged; special exceptions should not exceed two thousand dollars ($2,000) without a supervisor's written authorization.

B. Psychological Services

1. Time-limited out-patient therapy for a youth or child living in a state that does not accept Medicaid for this service - reimbursable if related to the special needs of the youth or child and a written plan is obtained from the service provider which contains:

a. Diagnosis.

b. Prognosis.

c. Length of service.

d. Individuals who will be seen during the therapy.

e. A cap on the amount of money to be spent for the psychological exam or therapy.

f. Frequency of contact (i.e., once a week, twice a month, etc.).

g. Type of therapy being provided (i.e., individual, group, family, etc.).

2. If time-limited out-patient therapy is available using Medicaid - not reimbursable.

3. Day treatment - not reimbursable because Medicaid provides for this service.

4. Residential child care facility - not reimbursable because Medicaid provides for this service.

5. In-patient psychiatric hospitalization - not reimbursable because Medicaid provides this service. (Children who are Medicaid eligible may receive some in-patient psychiatric services under the Medicaid program.)

C. Education Costs

1. Tutoring - not reimbursable. Education systems are required to provide all youth and children with special needs a free appropriate public education.

2. School tuition - not reimbursable. There will be no reimbursement for tuition expenses through the relative guardianship assistance program. If the relative guardian chooses the youth or child to remain in a current private school placement, this is an expense for which the relative guardian is responsible.

D. Respite and Day Care

1. Respite care - reimbursable.

2. Day care - not reimbursable.

E. Other Relative Guardianship Assistance Case Services

Relative guardianship assistance case services for youth and children who are Title IV-E or non-Title IV-E may be provided for a specified time to provide needed services. It is required that these time-limited services/funds are clearly provided on a case-by-case basis. This requirement must be clearly documented in the agreement.

F. To be eligible for case services in a relative guardianship, the State Department's prescribed form outlining the agreement must be in place and the case opened in the State Department's automated system as a relative guardianship assistance case following the court appointment of relative guardianship.

7.311.72Non-Recurring Relative Guardianship Expenses [Rev. eff. 12/1/12]

A. The relative guardian shall be reimbursed for the total costs of non-recurring expenses associated with obtaining relative guardianship, not to exceed two thousand dollars ($2,000) per youth or child in order to facilitate achievement of the guardianship for:

1. Legal fees,

2. Fees for relative guardianship, or

3. Other expenses related to the relative guardianship of the youth or child, such as the cost of the SAFE home study and a SAFE update related to the prospective relative guardianship completed by the county department.

B. The county department shall determine if the reimbursements requested by the prospective relative guardian are non-recurring expenses.

C. Documentation for non-recurring relative guardianship expenses:

1. The county department shall use the State Department's prescribed form prior to the court appointing the relative guardianship.

2. The prospective relative guardian shall provide evidence of the needs of the youth or child.

3. Provide an itemized statement of the expenses to be reimbursed within one (1) year from the date of the probate court appointment of the relative guardianship or the date that the juvenile or district court approved an allocation of parental responsibilities.

7.311.8ACCEPTING AND PROCESSING APPLICATIONS FOR RELATIVE GUARDIANSHIP ASSISTANCE FROM KINSHIP FOSTER CARE PARENTS WHO ARE CERTIFIED BY CHILD PLACEMENT AGENCIES [Rev. eff. 1/1/16]

A. Colorado licensed child placement agencies may certify kinship foster care homes only upon written request from the county department of human or social services with responsibility for the care and custody of the youth or child.

B. The county department will use the same procedures for all prospective relative guardians.

C. The child placement agency that certified the prospective relative guardian retains responsibility for services to the relative guardian prior to the court appointment of the relative guardianship.

7.311.81Review of Eligibility for All Ongoing Relative Guardianship Assistance Agreements [Rev. eff. 12/1/12]

A. The county department shall initiate the written notice of the review for relative guardianship assistance sixty (60) days prior to the three (3) year anniversary of the agreement.

B. The relative guardian may request a review of the agreement prior to the three-year review if changes in the needs of the child or family circumstances occur.

C. Any changes in the needs of the youth or child shall relate to the original barrier(s), identified at the time the decision was made that relative guardianship assistance was needed. The county department shall not include additional needs for relative guardianship assistance payments after the court appointment of the guardianship unless genetic in nature.

D. The county department shall review school attendance annually.

Relative guardianship assistance files must contain documentation of school attendance or reasons for the inability to attend. Documentation must be updated annually to assure that each youth and child who is eligible for relative guardianship assistance and who has attained the minimum age for compulsory school attendance is:

1. Enrolled (or in the process of enrolling) an elementary or secondary education institution,

2. Instructed in elementary or secondary education at home in accordance with the home school statute,

3. In an independent study elementary or secondary education program in accordance with statute, and which is administered by the local school, school district, or Board of Cooperative Education (BOCES), or

4. Incapable of attending school on a full-time basis due to the medical condition of the youth or child. The reasons shall be supported by regularly updated information in the educational plan maintained by the school, school district, or BOCES.

7.311.82Procedures for Relative Guardianship Assistance Payment When a Youth or Child is in Out-of-Home Care or Committed to the Division of Youth Services [Rev. eff. 12/1/12]

A. Medicaid eligibility shall continue for Title IV-E eligible youth or children who are out of the home for more than thirty (30) calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State Prescribed form (see County Responsibility, Section 7.402.2).

B. When a youth or child with a non-Title IV-E relative guardianship assistance agreement is placed in out-of-home care for more than thirty (30) days, the county department shall discontinue the relative guardianship assistance payment until the youth or child returns to the relative guardian's home. This includes a commitment to the Division of Youth Services.

C. When non-Title IV-E eligible youth or child resides outside of Colorado with the relative guardian who has a relative guardianship assistance agreement and the youth or child is in out-of-home placement longer than thirty (30) calendar days, the relative guardianship assistance payment and relative guardianship case services shall be discontinued. A state/county non-Title IV-E agreement may only be resumed when the youth or child is returned home and the out-of-home placement has been discontinued on the State Department's automated system.

7.311.9TERMINATION OF RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENTS [Eff. 2/1/10]

The county department shall terminate relative guardianship assistance agreements when the:

A. Relative guardian requests that payments end; or,

B. Youth reaches age eighteen (18); or,

C. The county department determines the relative guardian is no longer legally responsible for the support of the youth or child; or,

D. Youth or child is no longer receiving any support from the relative guardian; or,

E. County of responsibility verifies the death or marriage of a youth or child.

7.311.91Reinstatement [Rev. eff. 11/1/10]

A. Reinstatement of the original relative guardianship assistance agreement is prohibited when the relative guardian who was appointed by the court no longer has guardianship of the youth or child.

B. Reinstatement of payments related to the needs of a youth or child that were identified at the time of the original Relative Guardianship Assistance Agreement is allowed for a:

1. Youth or child that is non-Title IV-E eligible.

2. Youth or child that is Title IV-E eligible.

7.311.92Right to Appeal [Rev. eff. 12/1/12]

A. If the county department denies an application for relative guardianship assistance, or reduces or terminates the assistance payment, the applicant or recipient has the right to appeal. Using procedures outlined in Section 3.850 (9 CCR 2503-1).

B. When a family who has been denied Title IV-E relative guardianship assistance requests a state level fair hearing, it is the responsibility of the Administrative Law Judge to determine whether the applicant or recipient was wrongly denied eligibility or whether the amount of the relative guardianship assistance agreement was determined correctly (see Section 7.306.41, E).

C. The relative guardian has the burden of proving extenuating circumstances and relative guardianship assistance eligibility at a state level fair hearing. The state and/or its designee can provide factual information to assist the family in establishing eligibility for Title IV-E relative guardianship assistance.

D. When either state or federal law requires or results in a reduction or deletion of services, a hearing shall not be granted.

7.311.93State Monitoring/Progressive Discipline Process of Relative Guardianship Assistance Programs in County Departments [Eff. 2/1/10]

A. Monitoring shall be conducted annually with county departments by the State Department using a risk-based approach by reviewing the number and nature of complaints received from consumers, advocates, or the general public.

B. The department will conduct monitoring in the same manner contained in Section 7.306.43.

12 CCR 2509-4-7.311

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

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