12 Colo. Code Regs. § 2509-5-7.406

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

Section 12 CCR 2509-5-7.406 - GENERAL REIMBURSEMENT FOR CHILD WELFARE SERVICES

7.406.1THE STATE REIMBURSES WHEN

A. The county's case record contains required program documentation. For out-of-home placement, documentation shall include the requirements listed under Section 7.304.51 (12 CCR 2509-4), Authority for Placement.

B. Care is provided after the case is open and before the case is closed.

C. The child is with a provider in possession of a valid certificate or license, when one is required.

D. Placement is with an in-state Residential Child Care Facility or Child Placement Agency on the state approved vendor list or with out of state placement providers as approved through the Interstate Compact on the Placement of Children.

E. A youth over eighteen (18) years of age is in placement only when the court had jurisdiction before the 18th birthday and the court orders out- of-home placement or the youth meets eligibility criteria for the Foster Youth in Transition Program and has an active voluntary services agreement.

F. A child is absent from an out-of-home placement and the county department elects to reimburse the provider during the absence period for the placement for one of the following reasons:

1. The absence does not exceed seven days per absence, with only one (1) seven-day total reimbursement within thirty (30) calendar days for the following reasons:

a. The child has run away,

b. Trial home visit,

c. Trial provider visit,

d. Child in detention; or,

e. The child has been kidnapped.

2. Thirty (30) calendar day absences are allowed for the following reasons:

a. Respite (unless care is being provided and it violates Section 7.708.31.1 C, (12 CCR 2509-8) and causes a foster care home to be over capacity); or,

b. The absence occurs during the first thirty (30) days of a hospitalization.

3. For children enrolled in the Children's Habilitation Residential Program Waiver (CHRP), the county may continue payment of the equivalent of the maximum federal Supplemental Security Income benefit during all absences.

G. The out-of-home placement duration for a voluntary Title IV-E child/youth does not exceed 180 calendar days when the county department has filed for a petition to review the need for placement, or petition to open a foster youth in transition case by the 90th calendar day and the county has a correctly worded court order issued, based on the request of the petition to review the need for placement; see Court-Related Procedures, Section 7.304.53 (12 CCR 2509-4).

H. The county department reports an out-of-home or Core Services Program care placement in the Department's automated reporting system within ninety (90) calendar days of its beginning. The State reimburses for retroactive payments not greater than the current and two (2) preceding months.

I. The county department places children in out-of-home care within the provider's licensed or certified capacity or if the licensed/certified capacity is exceeded with the placement of a sibling group. The county shall document that there are no other appropriate placements available.

J. A child is in a Child Placement Agency or Residential Child Care Facility within Colorado for longer than ten (10) working days and an agreement to purchase Child Placement Agency or Residential Child Care Facility services is completed for the child.

K. A child is in a Child Placement Agency or Residential Child Care Facility within Colorado for less than ten (10) working days and the facility has an emergency shelter contract with a county department.

L. Out-of-home placement occurs in facilities holding current certificates or licenses, including kinship foster care placement.

M. Children are placed in Child Placement Agencies and Residential Child Care Facilities outside of Colorado according to the rules for out of state placement and Interstate Compact on the Placement of Children.

N. Respite care is paid to providers of foster care homes. This includes county department or child placement agency foster care homes, or adoptive homes receiving a foster care payment and kinship family foster care providers. It does not include foster homes that provide receiving home care.

O. The child enters care (first day) but not for the last day in care.

P. The child is placed and removed on the same day.

Q. The state reimburses for supervised independent living placements as described in 12 CCR 2509-04; 7.305.2(D) for youth aged sixteen (16) through the end of the month of the youth's twenty-first (21st) birthday, when the county has placement and care responsibility.

R. Child Welfare Child Care program criteria are met.

S. The Core Services Program is operated within applicable state rules and within the provisions of the county or multi-county state approved Core Services Plan and in accordance with the requirements governing the specific funding streams used.

T. Client travel costs for out-of-state placement and supervision activities are related to out-of-home placements approved through the Interstate Compact county liaison and the receiving state Interstate Compact on the Placement of Children office. Staff travel costs are reimbursed through county administration.

U. Payments for out-of-home care and rate adjustments are pro-rated using the foster care daily rate in the State Department's automated reporting system.

V. The developmental disability rate for children placed in foster care homes, kinship foster care homes, receiving home care, specialized group facilities, specialized foster care in county certified foster care homes, and homes in which a subsidized adoption maintenance payment is made.

W. Clothing is authorized to be purchased for a child/youth in out-of-home care. The state reimburses retroactive clothing payments not greater than the current and two preceding months.

X. The child is in out-of-home care and the county department lists a child who is available for adoption with the Colorado Adoption Resource Registry within ninety (90) calendar days following:

1. The date of relinquishment or termination of the parent-child relationship, or

2. The date of placement into out-of-home care following an adoption dissolution.

Y. The child is in out-of-home care, the county department requests and the State approves an exclusion from Colorado Adoption Resource Registry listing for a child who is available for adoption within ninety (90) calendar days following:

1. The date of relinquishment or termination of the parent-child relationship; or,

2. The date of placement into foster care following an adoption dissolution.

Z. A Colorado Adoption Resource Registry exclusion is approved by the state because the county finds an adoptive home, reimbursement for out-of-home care is limited to six months from the date the state department receives the request for exclusion.

AA. Costs are billed for the current and two (2) preceding months.

BB. The Early intervention and Prevention Program is operated within applicable state rules and within the provision of the county or multi- county state approved services plan.

CC. A child/youth with intellectual or developmental disabilities has been placed in a locked residential setting for treatment and the county has obtained a court order of legal imposition of disability pursuant to Section 27-10.5-110, C.R.S.

DD. A county department pays incentives to a consortium for meeting or exceeding agreed to outcomes.

EE. A county department may pay a consortium, if the consortium's outcome measures meet or exceed the agreed to standard.

FF. A county department purchases Transition Program services provided by a RCCF that is on the approved State RCCF vendor list. In no case shall the rate for transition services exceed the RCCF rate approved by the county department.

GG. Placement of a child in a provisionally certified foster care home that is fully certified within ninety (90) calendar days from the date of the application.

HH. If required by section 24-76.5-101, -102, OR -103 a county department shall document the lawful presence of children age eighteen (18) and over receiving services other than those excluded from the definition of a federal public benefit, state and local public benefits as those terms are defined at Section 24-76.5-102, C.R.S., or services excluded from this requirement as defined at section 24-76.5-103, C.R.S.

II. A county department pays a provider at or above the state-established base anchor rates. A county that negotiates provider rates shall use a request for proposal process, a draft of which shall be submitted to the Department, no later than March 1 of each calendar year. The Department shall approve or deny the draft proposal no later than April 1 of each calendar year. The request for proposal shall include the following:

1. The county department of human/social services' policy for:

a. Determining the time frames for negotiation or re-negotiation of rates, services and outcomes; and,

b. Actions to be taken if services are not delivered or outcomes are not met.

2. The Department shall evaluate request for proposals submitted by county departments of human/social services using the following criteria:

a. Consideration of whether the county used an approved request for proposal process including, but not limited to, competitive bidding and negotiations;

b. Consideration of performance outcomes and whether they are tied to financial incentives.

JJ. Reasonable travel is provided to the school where the child is enrolled prior to out-of-home placement.

KK. Reasonable costs are provided for liability insurance for a child.

LL. Adoption Assistance and Relative Guardianship Assistance Program payments are made in compliance with requirements.

MM. Case services are authorized in adoption assistance agreements and relative guardianship assistance agreements.

NN. Non-recurring expenses are authorized for adoption assistance and relative guardianship assistance agreements.

OO. A child/youth is placed at the IDD facility, as described in 7.424.13, with the approval of the State Department. The approved placement period is the duration of treatment, as stated in the most recent approval letter from the State Department, and thirty (30) days after the completion of treatment/discharge date.

PP. A county department makes foster care maintenance payments for children/youth placed with parents in a licensed residential family-based treatment facility for substance abuse in accordance with federal and state program and fiscal requirements. Reimbursement shall be eighty percent (80%) of the approved allowable cost, within the available allocation.

7.406.2THE STATE DEPARTMENT SHALL NOT REIMBURSE

A. Out-of-home placements for a child in Colorado who is in the custody of another state. The county shall bill the other state for reimbursement.

B. Receiving home or shelter care placements that exceed 90 consecutive days.

C. Out-of-home placements of children who do not meet the requirements of Section 7.304.51, Authority for Placement.

D. Out-of-home care in public child care institutions accommodating more than twenty-five (25) children.

E. Placements of children under the age of six (6) years in a specialized group facility or residential child care facility, except for children with documented exceptional needs which can be met only by the specifically identified facility. Documentation in the child's Family Services Plan shall include a description of the services available in that facility to address the child's specific needs.

F. Placements of children under the age of twelve (12) years in a specialized group facility or residential child care facility that exceed sixty (60) calendar days unless the child has documented special treatment needs that cannot be met in a foster care home. Documentation in the Family Services Plan shall include a description of the services available in that facility to address the child's specific needs.

G. Placements in a specialized group home with a capacity in excess of ten (10) children unless there is written approval by the placing caseworker's supervisor. Such approval shall be based upon written documentation in the Family Services Plan that the child's needs can be met only by the specifically identified facility. The documentation shall include a description of the services available in that facility to address the child's needs.

H. Services provided by Residential Child Care Facilities or Child Placement Agencies which are reimbursable from other funding sources.

I. Respite care allowance paid to specialized group home or centers or for independent living.

J. Out-of-home care for the period of non-compliance with state rules in Section 7.306.14, Colorado Adoption Resource Registry (CARR) listing and exclusion requirements.

K. Out-of-home care if the county department does not forward the Colorado Adoption Resource Registry photo listing to the State Department within thirty (30) calendar days following the State's notification of Colorado Adoption Resource Registry exclusion denial. Reimbursement is not authorized for the period of non-compliance from the date the profile is due until the profile is received by the State.

L. Placement of a child in a foster home if that placement will result in more than six foster children in that foster home, or a total of ten children (foster and non-foster), or more than two children under two years of age, except in those instances in which the placement of a sibling group in a foster home would exceed the limits. If the placement of a sibling group results in exceeding the above limits, no other children can be placed in the home.

M. Placement of a child in a foster home, if that placement will result in more than two (2) children enrolled in the Children's Habilitation Residential Program (CHRP) waiver funding or more than two (2) foster children and one (1) child enrolled in the CHRP waiver, unless there has been prior written approval by the CHRP waiver administrator. Placements of three (3) children enrolled in the CHRP waiver may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home. In any case, no more than three (3) children enrolled in the CHRP waiver and no (0) non-CHRP children will be placed in one (1) foster home. Any placement resulting in three (3) CHRP children placed in a foster home must have prior approval by the CHRP waiver administrator.

FOSTER CARE HOME (COUNTY OR CPA) MAXIMUM CAPACITY

CHRP	Non-CHRP	Total Children
1	2	3
2	0	2
3	0	3

N. Placement of a child in a specialized group facility if that placement will result in more than eight (8) children and one (1) child enrolled in the Children's Habilitation Residential Program (CHRP) funding or five (5) foster children and two (2) children enrolled in the CHRP waiver, unless there has been prior written approval by the CHRP waiver administrator. If Placement of a child in a Specialized Group Center will result in more than three (3) children enrolled in the CHRP waiver, then the total number of children paced in that Specialized Group Center will not exceed a maximum of six (6) total children. Placements of more than three (3) children enrolled in the CHRP waiver may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home.

SPECIALIZED GROUP FACILITY MAXIMUM CAPACITY

CHRP	Non-CHRP	Total Children
1	8	9
2	5	7

O. Placements of children enrolled in the Children's Habilitation Residential Program (CHRP) waiver when the county is not in compliance with rules contained in the Department of Health Care Policy and Financing's Medical Assistance Manual at Section 8.508 (10 CCR 2505-10).

P. Placement of child in a foster home, if the foster parent(s) have not completed twelve (12) hours of foster parent core training. If a child is already in the home, the placement shall not be disrupted, but no additional children shall be placed until the training is completed.

Q. For "child specific" or kinship foster care placements exceeding ninety (90) calendar days in a provisional status from the date of application.

R. For children that do not have a diagnosis of developmental disability as defined in Section 2710.5, C.R.S., and who are placed with a service agency that has been approved through Developmental Disabilities Services.

S. For children placed in locked facilities through county departments, except as outlined in Section 7.406.1, CC.

T. For consortium fees, if the consortium is not registered with the State Department.

U. Placement of a child in a provisionally certified foster care home that is not fully certified within ninety (90) calendar days from the date of the application.

V. Placement of a child living in a foster care home with his/her parent(s), including in kinship foster care.

W. For costs incurred when a child/youth, who is in the custody of the county department of human/social services, and remains in placement at the IDD facility, as defined in 7.424.5, after the end of the approved placement period. The approved placement period is the duration of treatment, as stated in the most recent approval letter from the State Department, and thirty (30) days after the completion of treatment/discharge date.

12 CCR 2509-5-7.406

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

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