There are basic information, legal mandates, and policies generic to the administration and/or provision of services that cut across all program and service areas. These include general administrative responsibilities, protection of clients' rights, responsibilities of clients, case processing and documentation, and reporting requirements. The county departments shall provide services to persons who are eligible and belong to the particular Program Area target groups within the following rules of the State Department.
7.601.71Title IV-E Foster Care [Eff. 1/1/15]Title IV-E of the Social Security Act provides federal matching funds to help pay for the cost of foster care for eligible children. It also pays for training and administrative costs associated with the delivery of services to Title IV-E eligible children/youth.
A. Eligibility Verification and Documentation 1. Verification of the child's citizenship or non-citizen status is required. Other information received by the county department to support a Title IV-E eligibility determination does not require verification unless it conflicts with other information in the possession of the department. If such a conflict occurs, the county department shall use verification procedures provided in the rules for the Colorado Works Program to resolve the conflict (Section 3.140, et seq.; 9 CCR 2503-1).2. The county department shall document each of the eligibility factors on the state prescribed form. The county must ensure that a copy of the signed voluntary placement agreement or court order and any required verification are present in the case file.3. The county department shall use the following eligibility effective dates in the state automated case management system:a. The eligibility effective date of the child for Title IV-E shall be the first day of the month in which all eligibility criteria for the child are met, but can be no earlier than the first day of placement.b. The date of eligibility of the placement for reimbursements through Title IV-E is the first day of the month in which all the Title IV-E provider eligibility criteria are met.c. With respect to the court order/petition, the date that is used is the date of the court order or the date a petition is filed for custody/authority for care and placement of the child/youth which eventually leads to a court ordered removal of the child from the home.B. Title IV-E Eligibility Criteria for a Child/Youth - Initial Determination1. The child was removed from his/her parent(s) or other specified relative either by: a. A voluntary placement agreement entered into by the child's parent or legal guardian; orb. A voluntary services agreement entered into by a youth who is participating in the foster youth in transition program as described in 12 CCR 2509-3; 7.203.4 et seq.2. The first court ruling sanctioning the removal of the child from the home must contain findings to the effect that: a. Continuation in the home would be contrary to the welfare of the child; or,b. Out-of-home placement is in the best interests of the child. If this "best interests" determination is not recorded in the first written court order, signed by a judge or magistrate, pertaining to the removal of the child from the home, a transcript of the findings and orders from the court proceeding is the only other documentation that can be accepted to verify that the required judicial determination was made. Neither affidavits nor subsequent "nunc pro tunc" orders are acceptable verification for meeting the "best interests" requirement.
3. There must be an order of the court within sixty (60) calendar days after the date the child is placed in out-of-home care with a finding to the effect that: a. Reasonable efforts were made to prevent the removal of the child from the home; orb. An emergency situation exists such that the lack of preventative services was reasonable; or,c. Reasonable efforts to prevent the removal of the child from the home were not required. (See Section 7.304.53, B, 3, for circumstances in which the court may determine, that reasonable efforts to prevent removal are not required). If a "reasonable efforts to prevent the removal" determination was made by the court as required, but was not recorded in the original written court order signed by the judge or magistrate pertaining to that judicial determination, a transcript of the findings and orders from the court proceeding is the only other documentation that can be accepted to verify that the required determination was made. Neither affidavits nor subsequent "nunc pro tunc" orders are acceptable verification for meeting this "reasonable efforts" requirement.
4. The county is granted legal custody/authority for placement and care of the child/youth or the child/youth is in out-of-home care under a voluntary placement agreement/voluntary services agreement.5. The child must have lived with a parent or other specified relative from whom the child is removed through a voluntary placement agreement or court-ordered custody with the county department in the month, or within the six (6) months preceding the month, in which the voluntary placement agreement was signed or court proceedings were initiated to remove the child or the child has entered into a voluntary services agreement pursuant to section 19-7-306, C.R.S.6. A child removed through a "constructive removal" shall be determined Title IV-E eligible if all other applicable criteria for Title IV-E eligibility are met. A constructive removal occurs when all of the following apply:
a. The child resides with a non-parent caretaker who is not the legal custodian or guardian of the child;b. The child is court ordered into the custody of the county department or placed through a voluntary placement agreement; andc. The child remains in the home of the caretaker who serves as the out-of-home care provider to the child after the county is awarded custody or obtains the agreement for voluntary placement.7. To be eligible for Title IV-E, the child must be determined eligible for Aid to Families with Dependent Children (AFDC) in accordance with the July 16, 1996, regulations (and exceptions as allowed).C. Title IV-E Eligibility Criteria of a Provider For the placement costs of a Title IV-E eligible child/youth to be claimable through Title IV-E funding the provider must be a Title IV-E eligible provider. An out-of-home provider must be fully licensed or fully certified to be a Title IV-E eligible provider.
Placement costs of Title IV-E eligible children/youth placed with provisionally licensed or provisionally certified out-of-home care providers will not be claimable through Title IV-E foster care as they are not fully licensed or fully certified providers.
Administrative costs for an otherwise Title IV-E eligible child who is placed in less than fully licensed or fully certified out-of-home care placements are not claimable through Title IV-E funding, except when the child/YOUTH is placed with a relative and the relative is pursuing full foster care certification. Administrative costs can be claimed for up to six months while the child/youth remains in placement with a provisionally certified relative provider.
Administrative costs are not claimable through Title IV-E funding for children/YOUTH who are placed in facilities that are not Title IV-E eligible facilities, such as a detention placement, except for the calendar month in which a child moves from a facility that is not eligible for Title IV-E funding to a Title IV-E claimable out-of-home care facility.
Placement costs of Title IV-E eligible youth who are residing in a supervised independent living placement as described in 12 CCR 2509-04; 7.305.2(D) and have reached the age of 18 are claimable.
D. AFDC Eligibility Tests Title IV-E requires that eligibility for Aid to Families with Dependent Children (AFDC) must be determined in accordance with the regulations as in effect on July 16, 1996, and exceptions as allowed. See 42 U.S.C. SECTION 672(a)(3). The AFDC eligibility month is the month court proceedings leading to the removal were initiated or the month in which a voluntary placement agreement was signed.
1. Living with a Relative - The child/youth must have lived with a parent or other specified relative: a. During the month in which court proceedings to remove the child/youth were initiated or a voluntary placement agreement/voluntary services agreement was signed; or b. Sometime within the six (6) months preceding the month in which court proceedings to remove the child/youth were initiated or a voluntary placement agreement/voluntary services agreement was signed.2. Deprivation of Parental Support - The child/youth must be deprived of parental support or care of one or both parents by reason of:b Incapacity - physical or mental;c. Continued absence from the home; ord. Unemployment - deprivation due to unemployment exists when: 1) Both of the child's natural or adoptive parents resided in the removal home in the month the voluntary placement agreement was signed or court proceedings were initiated to remove the child from the home; and2) The household income, after AFDC income tests are applied, is less than the need standard for the household.e. Deprivation of parental support findings are not required when the youth is participating in the foster youth in transition program.3. Determination of Need The income and resources of the household members of the removal home must be within the allowable standards for an AFDC assistance unit. Refer to the AFDC rules from July 16, 1996, to determine which members of the household are considered in the determination of income and resources.
a. Resources - The family must have less than $10,000 in countable resources.b. Income Test - The household income after AFDC income tests are applied must be less than the need standard for the household.4. Additional AFDC Eligibility Factors a. Age - The child must be under eighteen (18) years, or if over eighteen (18) but not yet nineteen (19) years of age, must be a fulltime student in a secondary school or in the equivalent level of vocational or technical training and expected to complete the program before age 19. Such children are eligible for Title IV-E though the month of completion of the educational program. (i) The youth is participating in the foster youth in transition program and meets eligibility criteria described in 12 CCR 2509-037.203.4.b. Citizenship - The child must be a United States citizen, naturalized citizen, or qualified non-citizen to be eligible for Title IV-E. Refer to Section 3.140 of the Income Maintenance rules (9 CCR 2503-1).c. Residency - The child must be a resident of Colorado. If the child's residency is from another state, that state is responsible for determining Title IV-E eligibility of the child.E. Eligibility Factor - Voluntary Placement Agreement 1. A voluntary placement agreement must be completed and signed by the parent(s) or legal guardian and the county department.2. Eligibility for Title IV-E foster care can begin no earlier than the signature date of the voluntary placement agreement.3. Voluntary placement agreements are limited to ninety (90) calendar days. If placement of the child is to continue beyond ninety (90) calendar days, the county department must obtain a petition to review the need for placement that leads to a court order granting the county department legal custody.4. There must be an order by the court within one hundred eighty (180) calendar days of the child's placement in foster care that "continued placement is in the best interests of the child", or words to that effect. If such an order is not made by the court within the allowable one hundred eighty (180) calendar days, the child is not eligible for Title IV-E foster care reimbursement for the remainder of the child's placement in out-of-home care.F. Eligibility Factor - Voluntary Services Agreement 1. A voluntary services agreement must be completed and signed by the youth and the county department.2. Eligibility for Title IV-E foster care can begin no earlier than the signature date of the voluntary services agreement.3. If the placement of the youth is to continue beyond ninety (90) calendar days, the county department must file a petition for a foster youth in transition case to ensure judicial oversight.4. There must be an order by the court within one hundred eighty (180) calendar days of the youth's placement in foster care that "continued placement is in the best interests of the youth", or words to that effect. if such an order is not made by the court within the allowable one hundred eighty (180) calendar days, the youth is not eligible for Title IV-E foster care reimbursement for the remainder of the youth's placement in out-of-home care.G. Eligibility Factor - Relinquishment If a child is relinquished to the county department, the county shall petition the court to judicially remove the child even though the parent relinquished the child to the agency. Children relinquished to the county department can be Title IV-E eligible when:
1. The child had last been living with the parent within six (6) months of the date court proceedings were initiated.2. The court order contains the findings shown at Section 7.601.81, B, 2.3. The child meets other eligibility factors.H. Minor Parent and Child in Mutual Care A child residing in mutual out-of-home care with his/her adult parent is not considered removed from the parent because the child continues to reside with the parent in the same residence; therefore, the child is not IV-E eligible.
When the parent is a minor and the minor parent has been determined eligible for Title IV-E foster care, the child's placement costs are reimbursable through Title IV-E foster funding as an extension of the minor parent's cost of care.
I. Required Time Frames1. The county department is responsible for determining the eligibility of every child entering out-of-home foster care within forty-five (45) calendar days of the placement date unless good faith efforts have been made and recorded in the child's record.2. Counties shall redetermine eligibility using the state prescribed form every twelve (12) months from the date the child enters foster care.J. Referral to Child Support Enforcement The county department shall refer every child/youth determined eligible for Title IV-E foster care to the county department's Child Support Enforcement Unit for child support services, except when the:
1. Child is in continuous placement for less than thirty-one (31) days.2. Child's absent parent is unknown.3. Best interests of the child would not be served, such as when parental rights have been terminated or the Family Services Plan documents that family contact is inappropriate.4. Child's deprivation status under Title IV-E eligibility is "Unemployment".5. Youth is participating in the foster youth in transition program.K. Redetermination of Title IV-E Eligibility Requirements1. A court order must remain in effect which grants legal custody of the child to the county department or a petition to review the need for placement was filed and the court has ordered legal authority for continued placement within one hundred eighty (180) calendar days of the date a child entered out-of-home care by voluntary placement agreement.2. Effective March 27, 2001, there must be an order of the court finding that the county department has made reasonable efforts to finalize a permanency plan. This finding must be made within twelve (12) months of the date the child enters foster care, and every twelve (12) months thereafter while the child remains in out-of-home care. If twelve (12) months elapse without this judicial determination, eligibility for Title IV-E foster care temporarily ends. Title IV-E eligibility can resume the 1st day of the month in which the finding is made.3. Redeterminations of AFDC requirements are not required for youth participating in the foster youth in transition program.L. Redetermination of Provider Eligibility An out-of-home care provider must be licensed or certified to be a Title IV-E eligible placement. Placement costs for a Title IV-E eligible child are only Title IV-E claimable when a child is placed with a Title IV-E eligible provider.
Effective September 1, 2000, provisionally licensed or provisionally certified out-of-home care providers will not be claimable placements through Title IV-E foster care as they are not fully licensed or fully certified.
M. Reasonable Candidates Reasonable candidates for foster care, for the purposes of Title IV-E program, are children determined to be at risk of imminent placement out of the home as defined in Section 19-1-103(64), C.R.S. Administrative costs may be claimed for children who are determined to be at imminent risk of removal from the home through a voluntary placement agreement or court-ordered custody with the county department. A determination must be made as to whether the child is at imminent risk of removal from the home no less frequently than every six (6) months. Reasonable efforts shall be made to prevent the removal of the child from the home until such time that pursuing removal of the child from the home becomes necessary.
7.601.73Title IV-A Emergency Assistance [Eff. 1/1/15]The county department shall determine eligibility for the Title IV-A Emergency Assistance Program anytime services are provided or purchased for families with children at risk of placement or when the worker transfers an intake case for on-going services.
A. Eligibility Factors The eligibility determination shall be documented on the state prescribed form and shall include:
1. Whether an emergency exists, defined as the removal of a child from his or her home into publicly funded care or state or county supervision, or risk of such removal as determined by the responsible state or county agency officials.2. Whether the child has lived with a relative anytime within the six (6) months preceding the Title IV-A Emergency Assistance application. See the Income Maintenance manual for requirements of relative (9 CCR 2503-1).3. Whether the family's total gross annual income is under $75,000.B. Maintenance of Effort (MOE) Expenditures of services to or on behalf of eligible members of an Emergency Assistance eligible family can be attributed to the State's TANF Maintenance of Effort requirement if a child is living in the household with the parent or other adult relative. The Maintenance of Effort entitlement shall be recorded in the state automated case management system if a case is opened for the child.
C. Required Time Frames The county shall complete the eligibility determination within thirty (30) business days of case opening. The eligibility effective date can be no earlier than the date when the application is initiated.