12 Colo. Code Regs. § 2509-8-7.704
Current through Register Vol. 48, No. 1, January 10, 2025
Section 12 CCR 2509-8-7.704 - RULES REGULATING TREATMENT FOSTER CAREChild placement agencies' or county department of human/social services' treatment foster care programs shall comply with all rules in this section, the general rules for child care facilities in section 7.701 , and the rules regulating foster care homes in section 7.708.
7.704.1.DEFINITIONSA. "Applicant" means a county department of human/social services or a licensed child placement agency (CPA) that applies to the department to operate a treatment foster care program.B. "Care Coordination" means the integration of services and activities provided by the treatment team into a comprehensive plan. The purpose is to manage the delivery of appropriate services for and with the child/youth, treatment foster parent(s), and identified permanent family. The qualifications, responsibilities, training, and caseload requirements for the care coordinator are identified in 7.704.3.E.
C. "Juvenile Justice Staff" means juvenile assessment center staff, Senate Bill 94 (SB94) staff, pre-trial staff, probation officers, client managers or juvenile parole officers.D. "Juvenile Justice Placement" means a detention or commitment facility, operated by the division of youth services.E. "Treatment Foster Care" means a clinically effective alternative to residential treatment facilities that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment (§ 26-6-102(40), C.R.S.).F. "Treatment Foster Care Program" means a specialized program of foster care that complies with Section 7.704 and that is approved to operate by the Colorado Department of Human Services (herein referenced as the Department).G "Treatment Foster Care Agency" means a county department of human/social services or a licensed child placement agency (CPA) that is approved by the Department to operate a treatment foster care program.H. "Treatment Foster Care Home" means a certified foster care home that provides treatment foster care to children or youth in care.7.704.11Treatment TeamThe treatment team members may include, and are not limited to: biological or adoptive parents, treatment foster parent(s), legal custodian(s), Guardian ad Litem (GAL) AND/OR COUNSEL FOR YOUTH Court Appointed Special Advocate (CASA), county department of human/social services caseworker or designee, child placement agency staff, current or previous treatment providers, juvenile justice staff, school district personnel, and the child/youth If the child/youth is unable to or it is inappropriate to participate, the child/youth voice shall be represented in decision making.
7.704.2TREATMENT FOSTER CARE AGENCY RESPONSIBILITYA. Policies The treatment foster care agency shall develop a written statement of purpose and policies for the operation and management of the treatment foster care program (herein referenced as program the treatment foster care agency must timely provide the department with the statement of purpose and policies upon adoption or revision.
1. The statement of purpose must describe or provide for:a. The ages of children or youth to be served;b. The use of trauma informed practices and de-escalation techniques in treatment foster care homes;c. Supports to maintain placement stability including respite;d. Supports for treatment foster parents to remain active participants in the treatment program for the child/youth when the child/youth is clinically placed for the short-term in an RCCF or hospital (up to 30 calendar day);e. Procedures for supporting the treatment foster care home to remain open for the child/youth's return; and,f. Assessment, reporting, and transition services for discharge.2. The treatment foster care agency will adopt a personnel policy including, but not limited to job descriptions, qualifications for positions; required documentation for position; and documentation of a background check, as required in section 7.701.7.704.3PERSONNEL REQUIREMENTS FOR THE TREATMENT FOSTER CARE AGENCYAll personnel requirements in sections 7.710.22 through 7.710.25 apply to CPAs. County departments of human/social services' personnel requirements apply to county departments of human/social services personnel.
A. The county director of a county department of human/social services with a treatment foster care program or her/his designee serves in the same capacity as the CPA executive director.B. The treatment foster care agency shall inform the department in writing, about a change in the executive director or care coordinator of a CPA or the county director/designee or care coordinator in writing within 30 calendar days.C. The treatment foster care agency's direct staff shall include, at a minimum one or more care coordinators. 1. Care coordinators shall meet the following minimum qualifications:a. County departments of human/social services care coordinators shall meet education requirements of a social caseworker as set out in Section 7.603.1.D.2 (12 CCR 2509-7).b. Staff CPA care coordinators shall meet educational requirements of a placement supervisor set out in section 7.710.22.A.6 . If additional care coordinators are necessary to fulfill the placement responsibilities of the agency, additional care coordinators shall meet the minimum educational requirements set out in Section 7.710.22.A.7.
2. The responsibilities of the care coordinator are: a. Daily leadership of the treatment team: the care coordinator:1) Organizes and manages all team meetings, and manages team decision-making regarding the care and treatment of the child/youth;2) Provides support and consultation to treatment foster parents, to the families of children and youth in care, and to other treatment team members;3) Advocates, coordinates, and links activities to assure children, youth, and families receive needed services; and,4) Prepares individuals and/or providers to work with the treatment foster parents and the child/youth's family in a supportive manner of the treatment foster parents and the safety, permanency, and social and emotional well-being of the child/youth.b. Provision of family preservation strategies, including:1) On-call support to the treatment parent, child/youth, and family twenty-four hours/seven days a week (24/7). If the agency uses a contracted service for on-call support, the agency must provide information about the circumstances of the child/youth, treatment foster parents, and family sufficient to provide meaningful support, and must ensure the contractor shall meets the minimal educational, personnel, and training standards of a care coordinator, and,2) Support and consultations with treatment foster parents, such as problem-solving, emotional support, information sharing, and assessment of child/youth safety and well-being.c. Coordination of the state-approved assessment, preparation and approval of treatment foster care plan(s), revisions, and quarterly updates.d. Minimum contact as judged necessary and appropriate by the treatment team and described in the treatment foster care plan unless decreased under Paragraph 3) below. "Minimum contact" must consist of at least:1) Weekly face to face contact with treatment foster parent(s);a) One (1) visit per month face to face with both treatment foster parents if it is a two (2) parent treatment foster care home; and,b) At least one (1) visit shall occur in the treatment foster care home.2) Three (3) monthly face-to-face contacts with the child/youth in the treatment foster care home.3) At the discretion of the treatment team the weekly meetings may be decreased, depending upon the acuity level of the child/youth.3. Caseload The preferred maximum number of children/youth in treatment foster care assigned to a care coordinator is eight (8). Some circumstances may allow for a larger maximum caseload size, but the maximum caseload size shall not exceed twelve (12).
4. Staff training Prior to assuming responsibilities of a treatment foster care caseload, and annually thereafter, a care coordinator shall have forty (40) hours of competency-based training in the following areas:
a. The program's treatment philosophy and the specific treatment methodologies the program uses;b. Trauma-informed care, including the impact of trauma, grief, and loss;c. Strategies to maintain placement stability in foster care;d. Rights of children/youth in treatment foster care in the education system and Special Education programs;e. Treatment foster care rules; and,f. Program policies and procedures.7.704.4REQUIREMENTS FOR TREATMENT FOSTER CARE HOMESA. Training for a Treatment Foster Parent 1. In addition to initial certification requirements (Section 7.708.2 -7.708 .52), before accepting placements, treatment foster parents shall have thirty-two (32) hours of competency-based training in the following areas: a) Trauma-informed care, including the impact of trauma, grief, and loss;b) Trauma-informed behavior management;c) Child/youth-specific content related to diagnoses, behaviors, and/or other identified needs;d) Intensive mental and behavioral health training;e) Confidentiality and cultural responsiveness; and,f) Annual requirements for foster parents (Section 7.708.65.C.1-9).B. The Roles and Responsibilities of a Treatment Foster Parent are: 1. Cooperatively and directly working with the parent(s), legal custodian, or identified permanent family in the treatment foster care home, unless there is a documented safety issue. If there is a safety issue, the care coordinator shall work with the treatment team, including the family to address the concerns.2. Application of treatment foster care agency programming, policies and procedures, including but not limited to protection of privacy.3. Seeking consultation as needed from the care coordinator or other treatment team members, including requesting a family engagement meeting to maintain placement stability; should a short-term (up to thirty (30) calendar days) clinical placement be required, actively participate in the treatment program so that the treatment foster care home remains open for the return of the child/youth.4. Completing thirty-two (32) hours of training described in a written training development plan established between the treatment foster care agency and each treatment foster care parent. The training development plan must provide for: a. Training that emphasizes skill development, knowledge, acquisition, and preparation related to meeting the needs of the child/youth placed in the treatment foster care home;b. Training in program policies and procedures, ethics, and cultural competency;c. No less than twenty two (22) hours of required training shall take place in a classroom setting or in an interactive setting that allows the program to gauge the treatment foster care parent(s)' strengths and needed supports and facilitates the development of positive relationships between program staff and treatment foster parents, as well as between peer treatment foster parents; and,d. First aid and CPR training hours do not count toward the required thirty-two (32) annual training hours.7.704.5PLACEMENT OF CHILDREN AND YOUTH IN TREATMENT FOSTER CARE HOMESA. Capacity in a Treatment Foster Care Home A treatment foster home shall not exceed two (2) children or youth placed in the home for treatment., except a sibling(s) of a child/youth who is placed for treatment in the foster home may be placed in the same foster home when it is in the best interest of all of the siblings, in order to maintain their relationship.
B. Referral Indicators for treatment foster care placement include, but are not limited to prior placement in a RCCF, a hospital setting, a community crisis center, an acute care unit, a juvenile justice placement, a disrupted or dissolved adoption, and a disrupted foster home care placement; and,
Current behaviors that demonstrate high levels of aggression, suicidality, emotional distress, delinquent behaviors, and/or other emotional or psychological issues.
Referral steps to be completed
1. The custodial or responsible county department of human/social services or other referring agency (i.e., Division of Youth Services or mental health agency) shall make the referral to the treatment foster care agency;2. The treatment foster care agency shall review treatment foster care homes to determine compatibility and appropriateness of placement;3. Prior to placement and when the treatment foster care home is identified, the referring and/or treatment foster care agency shall administer the state approved assessment instrument.4. The custodial or responsible county shall schedule a meeting for treatment team members (Section 7.704.11).5. If the child/youth does not have an established clinical relationship with a behavioral health provider, the treatment foster care agency shall determine the appropriate behavioral health provider and follow the authorization process for treatment services in order to determine the individual needs of the child/youth and his/her family. a. The child/youth may be placed during the process, and any treatment services shall begin as soon as possible.b. The clinician associated with the treatment foster care agency shall work with the child/youth, treatment foster parent(s), the parent(s), legal custodian(s), or identified permanent family, and all other relevant parties to facilitate a seamless intervention and address the clinical needs holistically.C. Transition Upon acceptance into the treatment foster care program, the referring agency and the treatment foster care agency shall develop and implement a transition plan of services to promote reunification with the parent(s), legal custodian(s), or identified permanent family.
D. Ongoing Treatment Team Staffing 1. The county caseworker or designee shall participate in monthly treatment team meetings to review treatment progress, service delivery, and the behavioral needs of the child/youth (Section 7.704.11).E. Reporting 1. The treatment foster care agency shall document time spent with the child/youth, progress on goals, new or unmet needs, and challenges and report these to the county department of human/social services or other referring on a monthly basis.2. The county department of human/social services or other referring agency shall review the appropriateness of services and placement based on the treatment foster care agency's reports.3. The treatment foster care agency shall collect child/youth's outcomes quarterly, regarding placement stability, length of stay, achievement of permanency, and current state approved assessment ratings.37 CR 13, July 10, 2014, effective 8/1/201438 CR 04, February 25, 2015, effective 4/1/201538 CR 17, September 10, 2015, effective 10/1/201538 CR 19, October 10, 2015, effective 11/1/201538 CR 23, December 10, 2015, effective 1/1/201639 CR 01, January 10, 2016, effective 2/1/201639 CR 17, September 10, 2016, effective 10/1/201640 CR 05, March 10, 2017, effective 4/1/201740 CR 17, September 10, 2017, effective 10/1/201741 CR 01, January 10, 2018, effective 2/1/201841 CR 03, February 10, 2018, effective 3/2/201841 CR 05, March 10, 2018, effective 4/1/201841 CR 17, September 10, 2018, effective 9/30/201840 CR 23, December 10, 2017, effective 12/30/201841 CR 23, December 10, 2018, effective 1/1/201942 CR 01, January 10, 2019, effective 2/1/201942 CR 03, February 10, 2019, effective 3/15/201942 CR 09, May 10, 2019, effective 6/1/201943 CR 01, January 10, 2020, effective 1/30/202043 CR 15, August 10, 2020, effective 9/1/202043 CR 17, September 10, 2020, effective 9/30/202044 CR 01, January 10, 2021, effective 1/30/202144 CR 05, March 10, 2021, effective 4/1/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 17, September 10, 2021, effective 10/1/202144 CR 21, November 10, 2021, effective 12/1/202145 CR 15, August 10, 2022, effective 7/8/202245 CR 17, September 10, 2022, effective 9/30/202246 CR 03, February 10, 2022, effective 3/2/202346 CR 05, March 10, 2023, effective 4/1/202346 CR 07, April 10, 2023, effective 6/1/2023