12 Colo. Code Regs. § 2509-5-7.404

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

Section 12 CCR 2509-5-7.404 - FEES

A. Fees shall be determined and collected as applicable for the following services in each program area:

1. Child Welfare Child Care.

2. Foster care.

3. Adoptive studies.

4. Core Services Program services as defined in the state approved Core Services Program plan.

5. Medical care paid by the county that is not reimbursed by the state.

6. Other services, such as case services, or custody evaluations.

B. When both foster care and Core Services Program Services are simultaneously being provided or purchased, the foster care fee schedule shall be applied to the cost of both programs.

C. Categories excluded from fee collection:

1. Colorado Works categories, except for Supplemental Security Income eligible children in foster care and whose parents are not Colorado Works recipients.

2. Individuals whose income is deemed to a Colorado Works household.

3. Adoptive families who have an approved but inactive adoption assistance agreement and the child is in out-of-home placement.

4. Youth participating in the Foster Youth in Transition Program and their parents.

D. Once the amount of fee is determined, the full amount is to be paid up to the cost of services.

E. Fees shall be determined for adoptive families as follows:

1. Adoptive families who have an approved Colorado non-Title IV-E adoption assistance agreement, but are currently not receiving adoption assistance payments and the child is in out-of-home placement, are excluded from fee collection.

2. Adoptive families living out of Colorado who have an approved non-Title IV-E adoption assistance agreement whose child is in out-of-home care and the family is being charged a placement fee may request continuation of the adoption assistance payments to assist in the cost associated with the child's out-of-home placement. The plan for the child shall be reunification with the family.

3. Adoptive families who have an approved Colorado non-Title IV-E adoption assistance agreement and the child is in out-of-home placement shall be assessed a placement fee not to exceed the amount of the adoption assistance payment they are receiving under their adoption assistance agreement.

4. Adoptive families who have an approved Title IV-E adoption assistance agreement and the child is in out-of-home placement shall be assessed a fee not to exceed the amount of the adoption assistance payment they are receiving under their adoption assistance agreement.

F. If a family is receiving purchased services the fees shall be distributed in the following priority:

1. Medical costs for non-Medicaid eligible children

2. Foster care

3. Core Services Program Services

4. Child Welfare Child Care

5. Other services

7.404.1CHILD WELFARE CHILD CARE PARENTAL FEE SCHEDULE

Counties will be notified of the State set parental fee schedule via a yearly Agency Letter from the Division of Child Care. The State set parental fee schedule is based on an approved formula that can be found in rule manual Volume 3 "Income Maintenance", Section 3.905, B (9 CCR 2503-1).

7.404.2FEES FOR FOSTER CARE

A. The county department shall assess the family the required fee as determined from an application of the child support guidelines in state statute. The fee will be based on the guidelines for all fees assessed after the effective date of the rule.

B. The county department or designee shall collect a fee from the legally responsible custodial parent(s). All fees must be established using the Colorado child support guidelines to determine the amount to be ordered. County staff shall not deviate from the guidelines. The fee shall be established either by the court or by the county department pursuant to the Administrative Procedure for Child Support Establishment and Enforcement, Title 26, Article 13.5, C.R.S.

C. When the county department petitions the court for legal custody or for Review of Need for Placement, the county department shall include a statement regarding both parents' gross income, including a worksheet to calculate the fee according to the child support guidelines, in the social study for the court to consider in ordering the fee to be paid. The county department shall submit a guideline worksheet to the court.

D. When a fee is being established for a foster care case and either paternity cannot be established or the absent parent cannot be located, minimum wage is imputed to the absent parent to determine the fee paid by the custodial parent, only if there is no economic reliable evidence of the absent parent's income or income history.

E. In cases where both parents are not in the home, the foster care fee shall be calculated using child support guidelines as follows:

1. Calculate the mother's and father's income in the appropriate columns on the Sole Physical Custody Worksheet A.

2. Insert the number of birth and adoptive children in the home, not in placement, on line 1-C of the child support guideline worksheet in both the mother and father.

3. Calculate the remainder of Worksheet A to determine each parent's foster care fee amount.

F. In cases where both parents reside in the same home, separate orders are required for each custodial parent to reflect their foster care fee amount. Even though both parents reside in the same home, the foster care fee shall be calculated using the same method as used when both parents are not in the home.

G. As a result of using child support guidelines, the Department will claim Federal Financial Participation for all activities associated with the establishment and collection of foster care fees, only for new cases or old cases that are reviewed and have the fee set under the guidelines. In addition:

1. Foster care fee collections set under guidelines shall be reported to IV-D as child support collections.

2. Activities related to foster care fee establishment under the child support guidelines can be considered a IV-D activity and staff can be billed to IV-D.

3. Foster care fee collections based on fees set under the old fee schedule shall not be reported to IV-D as child support guidelines.

7.404.3CHILD'S INCOME

A. For non-IV-E children, income and other funds, including fees and child support, received by or on behalf of the child, which are more than the amount needed to meet his/her monthly needs, shall be kept by the county treasurer in a special account or trust fund, or, with the concurrence of the county treasurer, a trust account may be established with the county director as the trustee. See the Finance Manual (11 CCR 2508-1) Such excess funds may be used to meet the child's other needs, such as medical care.

B. For IV-E foster care children, the county department shall handle payment according to Volume V, Disbursement of Support Collections. All other income is handled the same as for non-IV-E children.

C. When a child in foster care has income earned from her/his employment, the county department shall consider the following:

1. Income is not a consideration in determining eligibility for foster care.

2. Full-time student - when a foster child is in school full-time, or would be, except for scheduled vacation. The child need not contribute toward the cost of her/his foster care.

3. Part-time student:

a. When a child in foster care is a part-time student and employed part-time (less than 30 hours per week), earned income is not considered.

b. When the child is employed full-time, the child's own income shall be considered in determining a foster care fee. The guidelines permit the court to consider the child's income in setting the award against the parents.

D. When a child is in a placement under IV-E Foster Care (Title IV-E) and has income, the county department shall refer the case to the Income Maintenance Division for determination of continuing eligibility for IV-E Foster Care. See the Income Maintenance manual Section on Eligibility for Temporary Assistance to Needy Families (9 CCR 2503-1).

E. When a youth is participating in the Foster Youth in Transition Program, the youth's housing is 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 determined by requirements in 7.416.2.

7.404.4CHILD SUPPORT

A. When a child with an absent parent is eligible for Medicaid and the child is placed out of the home, the county department shall complete the "Information Concerning Absent Parent Form" (CSE-10), and the CWS-3A as specified by the State Department, and refer the case to the county child support enforcement unit where it shall be processed according to established procedures. See the Child Support Enforcement staff manual (9 CCR 2504-1), for allocation and distribution of support collections. The child shall remain eligible for foster care whether either parent cooperates with the child support unit.

B. When a child is not eligible for IV-E Foster Care, the county department may apply for child support services, using the "Application for Child Support Enforcement Services" (CSE-6). In referring the case to the county child support enforcement unit, the county department must include the "Information Concerning Absent Parent" (CSE-10). See the Child Support Enforcement staff manual (9 CCR 2504-1), for allocation and distribution of support collections.

C. The county department may refer foster care cases to Child Support Enforcement (IV-D) for collection of the foster care fee, if the amount of the foster care fee is based on the child support guidelines and the amount stated in the court order.

D. The county department shall notify the custodial parent of the availability of child support services.

E. In the event it is not in the best interest of the Title IV-E eligible child to seek child support, the county department shall request a good cause waiver according to the established procedures in the Income Maintenance staff manual (9 CCR 2503-1).

F. The Colorado State Department of Human Services has paid a one time IV-D application fee of $20 on behalf of all children in foster care.

12 CCR 2509-5-7.404

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

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

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

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

42 CR 17, September 10, 2019, effective 10/1/2019

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

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

44 CR 21, November 10, 2021, effective 11/1/2021

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

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