12 Colo. Code Regs. § 2509-8-7.721

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

Section 12 CCR 2509-8-7.721 - RULES REGULATING HOST FAMILY HOMES

Child Placement Agencies and county departments are authorized to certify Host Family Homes. These rules apply to those child placement agencies and county departments that choose to certify Host Family Homes.

7.721.1DEFINITIONS [Eff. 9/15/12]

"Homeless youth" is defined in the general rules at Section 7.701.21.

"Licensed Host Family Home" is defined in the General Rules at Section 7.701.21.

"Host home parent" is the responsible adult in the host family home that is participating in the host family home.

7.721.2GENERAL REQUIREMENTS [Eff. 9/15/12]

A. The certifying child placement agency or county shall be able to assure the health and safety and the proper care and treatment of the youth in the host family home.

B. The host family home must be located in an area that is accessible to health resources, public and private utilities, adequate and safe water supplies, sewage disposal, and fire and police protection.

C. The child placement agency or county shall have written screening procedures and make reasonable efforts to evaluate the overall emotional health and stability of each host family home applicant and/or staff member. Procedures shall include exploring for any history of youth battering, youth abuse, youth molestation, youth neglect, or previous criminal convictions.

D. The child placement agency or county shall determine policies, procedures and case management structure that clearly defines duties and responsibilities for host home parents.

E. The child placement agency or county shall develop an adequate emergency preparedness and management plan for host home parents.

F. The child placement agency or county shall have on file the verification of tuberculin status of host home parents and other residents of the home. If the host family home residents have certificates of previous negative testing, the testing does not need to be repeated. If there is no certificate, the testing needs to be completed prior to host family home certification and annually thereafter.

G. The child placement agency or county shall ensure that all staff, certified host family homes and program partners demonstrate an interest, receive training and have knowledge of positive youth development, homelessness and a concern for the proper care and well being of youth.

7.721.21Management Requirements

7.721.211Certifying Child Placement Agency or County [Eff. 9/15/12]

A. The child placement agency or county is the individual, partnership, corporation or association in whom the ultimate authority and legal responsibility is vested for the conduct of the host family home.

B. When the child placement agency or county does not include a board of directors, there shall be an advisory committee of at least two other individuals who act in an advisory capacity to the governing body. The names of the advisory committee members shall be disclosed to the Department. The advisory committee shall meet at regularly stated intervals.

C. Minutes of the advisory committee or the board of directors shall be maintained. The minutes shall be available to the Department upon request, except that the minutes containing confidential personnel information need not be shared with the Department.

D. The functions of the child placement agency or county shall include:

1. The appointment of an administrator who shall be responsible to establish and implement, according to performance criteria, to the governing body, and shall delegate to him/her the executive authority and responsibility for the administration of Host family home certification according to its defined purpose.

2. The certification of all host family homes.

3. The formulation and regularly planned review of policies and procedures to be followed by the host family homes.

4. As necessary, establish formal agreements with local agencies participating in the host family home. If a local agency delegates responsibility for any responsibility established by the host family home, the child placement agency or county must certify and document that the local agency meets requirements established in rule.

5. Sixty-day notice must be given to State Department of any changes to formal agreements established by child placement agency or county.

6. The provision of necessary emergency services and temporary shelter using host family homes; adequate financing; qualified personnel and host family home provider; and services and program functions for the welfare and safety of youth in accordance with these standards.

7.721.212Fiscal Management [Eff. 9/15/12]

The child placement agency or county shall demonstrate that it is financially sound and manages its financial affairs prudently. All funds disbursed by the child placement agency or county shall be expended in accordance with the program objectives as specified by the governing body.

7.721.213Insurance [Eff. 9/15/12]

A. The child placement agency or county certifying the host family home shall determine policy and procedures on liability insurance that includes the host family home supervised by the agency.

B. The host family home shall maintain adequate insurance and submit annually the amount of the insurance and the name and the address of the insurance agency providing the insurance for the host family home.

C. Information about the insurance should be maintained at the child placement agency or county.

D. Agencies and host family homes participating in the host family home operating their own transportation vehicles shall carry insurance in compliance with the minimum limits as required by the Colorado Revised Statutes.

E. The child placement agency or county shall establish procedures to review and establish annually that all agencies and host family homes participating in the host family home meet program insurance requirements.

7.721.22HUMAN RESOURCES

7.721.221ADMINISTRATIVE STAFF [Eff. 9/15/12]

A. Administrator of the child placement agency or county shall be qualified as follows:

1. The administrator shall have received a Bachelor's degree from an accredited college or university and have two years of verified experience in the human services field, two of which were in a supervisory or administrative position; or the administrator shall have received a Master's degree and have two years of verified experience in the human services field, one of which was in a supervisory or administrative position.

2. The administrator shall assume the following duties:

a. Overall direction and responsibility for the youth, program, host family home, and fiscal management.

b. Overall direction and responsibility of supervision of adequate staff.

c. The selection, roles, responsibilities and training of a capable staff member who can assume responsibility for management of host family homes in the administrator's absence.

d. The establishment of relationships, protocols, agreements and contact maintenance with allied agencies, services, and resources within the community.

B. Case Manager

The child placement agency or county shall specifically designate a staff member, age twenty-one (21) or over, capable of acting as a substitute for the administrator during his/her absence. The duties and responsibilities of the substitute administrator shall be clearly defined in order to avoid confusion and conflict among other staff, provider within host family home and youth.

C. Administrative Coverage

1. The Department shall be notified in writing when a possible change in administrator is anticipated or at the time there is a change in administrator. Documents verifying the qualifications of the acting/interim or new administrator, including official transcripts and documents verifying work experience, shall be submitted to the Department.

2. The administrator or the staff member to whom the administrator has delegated responsibility shall be available at all times.

7.721.222Case Management Staff and Other Professional Staff [Eff. 9/15/12]

A. Case management shall be provided by the child placement agency or county.

1. A qualified professional having a Bachelor's degree in social work, psychology, or child development from an accredited college or university shall supervise the host family home. This professional shall have two years of treatment-oriented experience; or,

2. A case manager who meets the requirements of the child placement agency or county.

B. The case management staff shall be responsible for providing case management services as stated at Section 7.715.42, B.

7.721.23Capacity [Eff. 9/15/12]

A. When a certified home participating in the host family home only provides temporary emergency shelter for youth, the home may be certified for up to four (4) youth including siblings groups.

B. Child placement agency or county shall instruct homes participating in the host family home in requirements in accommodations and required supervision placement of both male and female youth.

7.721.3HOST FAMILY HOME CHARACTER, SUITABILITY, AND QUALIFICATIONS [Eff. 7/1/14]

A. A certificate shall be denied in accordance with Section 7.710.34, D and E.

B. A certificate may be denied or revoked if the host family home's own children have been placed in foster care or a residential treatment facility under circumstances which demonstrated that the provider(s) in host family home or another resident of the home was abusive, neglectful, or a danger to the health, safety, or well-being of children within the home.

C. The providers in host family home shall be able to provide for a homeless youth's physical, mental and character development.

D. Applicants shall demonstrate stability in family relationships within the host family home.

E. The licensing or certifying authority must receive at least three written statements which describe the applicant's character, interpersonal relations, and ability to provide care for youth from references provided by the applicant, at least two from a source/person who are not related to the applicant and who have known the applicant one year or longer (references need not be residents of Colorado). Licensing or certifying representatives may contact others who may have knowledge or information regarding the applicant's character or suitability.

F. The host family home provider shall possess basic knowledge of childcare, positive youth development, runaway and homeless youth issues, and good nutrition, and shall cooperate with the licensing or certifying agency in programs designed to increase such knowledge.

G. Providers in a host family home shall protect youth receiving shelter in the home from exposure to second hand smoke.

1. Smoking is prohibited inside the host family home at all times when homeless youth are present.

2. Smoking is prohibited in motor vehicles used by providers in host family homes or case managers when a youth is present.

H. The financial resources of a host family home shall be adequate to assure that the home where the shelter is provided is maintained in safe repair and in conformity with standards and that the requirements of these regulations can be fulfilled.

I. Each host family home provider shall have a health assessment within one year prior to certification or within thirty (30) calendar days after certification and thereafter as required, in writing, by a licensed health care professional. The reports of the medical examinations shall be dated and signed by the examining physician or nurse practitioner and shall be provided to the certifying authority. Reports shall include a statement of the evaluation of the person's physical ability to care for youth.

J. If, in the opinion of the licensed health care professional or the assessment worker, an emotional or psychological condition exists which would have a negative impact on the care of youth, the certification of a host family home shall be conditioned upon the satisfactory report of a licensed mental health practitioner.

K. Other children of the providers of the host family home and any other persons not placed by the agency and living in the host family home shall obtain a medical statement from a licensed health care professional verifying that each such person suffers from no illness or communicable disease which would adversely affect youth receiving shelter in the host family home. This statement shall be obtained annually or as required in writing by an approved health care professional. A licensed health care professional is defined as a physician, nurse practitioner, or a physician's assistant. This statement shall have been signed within the twelve-month period preceding the certificate granted to the home.

7.721.31Medical and Health [Eff. 9/15/12]

A. The child placement agency or county shall provide referrals to local health care providers for any youth requiring medical attention while participating in a host family home.

B. Child placement agency or county of the host family home will determine policies for storage and distribution of medications.

7.721.32Personnel Policy, Orientation, and Training [Eff. 9/15/12]

A. The child placement agency or county shall have a comprehensive written plan for the recruitment, hiring or certification, orientation, ongoing training, and professional development of providers in a host family home.

B. The child placement agency or county shall have an introductory training and orientation program for all providers in a host family home. This program shall include orientation to emergency and safety procedures and the general and specific duties and responsibilities of staff/case managers and host family home providers.

C. The child placement agency or county shall maintain written documentation of specific in-service training held, staff/providers participating, the hours involved, and/or other on-going training activities in which staff /providers were involved.

D. The child placement agency or county shall document that all staff and providers in the host family home receive appropriate training in the following areas:

1. The child placement agency or county's administrative procedures and overall program goals.

2. The emergency and safety procedures, including but not limited to fire evacuation drills, tornado drills, where appropriate, and flood evacuation drills, where appropriate, on at least a semiannual basis.

3. Universal precautions regarding safe work practices to prevent exposure to blood and bodily fluids.

4. CPR and basic First Aid.

5. The principles of positive youth development and practices of working with youth.

6. Acceptable behavior management techniques, including appropriate discipline in accordance with host family home policies and these rules.

7. Appropriate boundaries (both physical and emotional) between case workers, the host home parent, and/or the youth while the youth is in the host family home and after the youth leaves the host family home.

8. Positive and constructive methods of dealing with the youth including, but not limited to, physical structuring of the environment and de-escalation of crisis situations.

9. Hazardous materials.

10. Storage and distribution of medications.

11. Mandated reporting.

7.721.4PROGRAM

7.721.41Program Description [Eff. 9/15/12]

A. The child placement agency or county shall have a written overall program description for the host family home.

B. The written description shall address at least the following areas:

1. Provision of case management;

2. Referral to emergency medical and/or dental services;

3. Referral to education/vocational services;

4. Housing, food, and clothing resources;

5. Referral to medical, dental and substance abuse services;

6. Recreation opportunities;

7. Youth rights;

8. Requirements of the host family home provider.

C. Child placement agency or county will develop and provide services using a positive youth development approach that ensures a young person a sense of:

1. Safety and structure;

2. Belonging and membership;

3. Self-worth and social contribution;

4. Independence and control over one's life; and closeness in interpersonal relationships.

7.721.42Case Management Services [Eff. 9/15/12]

A. The child placement agency or county shall be assigned the responsibility for case management for each youth.

B. Each individual assigned the responsibility of providing case management services for a youth shall:

1. Participate actively with the youth, family, host family home provider, and other supports to create a service and transition plan and to address the provision of resources and/or identified services.

2. Assure that appropriate information concerning the youth and her/his background is shared with other staff members and providers in host family home who deal with the youth regularly and to maintain communication with youth's parents, guardians, if available, and with the individual or agency responsible for discharge planning and follow-up care of the youth, if applicable.

3. Assure that the plan developed for each youth is implemented, and documented in the youth's file.

7.721.43Admission Policy and Procedures

A. Admission of a runaway/homeless youth to a host family home shall be in keeping with the stated purpose of the program.

B. Notification and contacts:

1. Pursuant to Section 26-5.7-105(4), C.R.S., when a youth under fifteen years of age is admitted to a licensed host family home, the director of the facility, shelter, or other person in charge shall notify the county department of the county of residence of the parents of the youth within seventy-two (72) hours of the youth's admission.

2. Pursuant to Section 26-5.7-105(5), C.R.S., if the facility determines that a referral for additional services needs to be made, it shall make the referral to THE APPROPRIATE county department of human/social services, notify the county department of the facility's relationship to the youth pursuant to section 19-1-307(2) (e.5)(I), and notify the county department of the date when the twenty-one-day shelter time period will expire.

3. Pursuant to Section 26-5.7-105(7), C.R.S., if a youth who is at least eleven (11) years of age but less than fifteen (15) years of age has been served up to twenty-one (21) days and returns again to the licensed host family home after leaving the host family home, the child placement agency or county certifying the host family home shall make a referral for services to the county of residence of the parents of the youth.

C. Child placement agency or county shall place youth in host family homes where the provider of the host family home is qualified and taking into account the needs of children already in residence to provide the care necessary. Care must be provided in the least restrictive, most appropriate setting in order to meet the youth's needs.

D. Each host family home and its certifying authority shall have a written admission policy that at a minimum must include:

1. The policies and procedures related to intake.

2. The age range and sex of youth accepted/admitted for care.

3. The needs, problems, situations or patterns best addressed by the host family home.

E. Any pre-placement requirements for the youth, the parent(s) or guardian, and/or the placing agency.

F. The anticipated problems or situations that would result in the host family home or certifying authority requesting removal of a youth from the host family home.

G. The written description of admission policies and criteria shall be provided to referring agencies.

H. The child placement agency or county shall accept a youth into temporary/emergency shelter only after a preliminary intake assessment and screening of immediate needs. Further assessments of areas such as social, physical health, mental health shall be conducted within three days of admission.

I. Pursuant to Section 26-5.7-106(2), C.R.S., upon admission of a youth to a host family home, the child placement agency or county shall:

1. Notify the youth's parent(s) or county department of human/social services of the youth's whereabouts, physical and emotional condition, and the circumstances surrounding the youth's placement within 24 hours;

2. Notify the youth's parent that it is the paramount concern of the facility or shelter to achieve reconciliation between the parent and the youth, to reunify the family, and to inform the parent about the alternatives that are available;

3. Arrange transportation for the youth to the residence of the youth's parent when the youth and the parent agree that the youth shall return to the home of the youth's parent. The parent shall reimburse the party who paid for the transportation costs to the extent of the parent's ability.

4. Arrange transportation for the youth to an alternative residential placement facility when the youth and the youth's parent agree to such placement. The parent shall reimburse the appropriate person for transportation costs to the extent of the parent's ability.

J. Within 24 hours of admission the child placement agency or county is responsible to contact parent(s)/legal guardians(S) of youth under the age of eighteen and document their permission to serve or attempts made to contact parents/legal guardians. If notifying the parent(s) or legal guardian(s) would not be in the youth's best interest due to an imminent risk of abuse or neglect by the parent(s) or legal guardian(s), the shelter shall notify the appropriate county department of human/social services instead of the parent(s)/legal guardian(s).

K. Within 24 hours of arrival at the host family home, a youth shall be given an orientation to the host family home, consistent with the youth's age and ability to participate, which includes at least the following:

1. Tour of the host family home and instruction on fire alarm and fire evacuation procedures, escape routes and exits.

2. The rules of the host family home.

3. Procedures affecting the youth's behavior, including limiting or restricting a youth's rights where allowed, the type of discipline used in the host family home, and consequences for certain behaviors.

4. The complete youth's rights and youth's grievance procedures as developed by the host family home or by the certifying authority.

L. If reconciliation with the family and voluntary return of the youth has not been achieved within 48 hours following admission to the host family home, excluding Saturdays, Sundays and legal holidays, and the child placement agency or county department does not anticipate reconciliation occurring within twenty-one (21) consecutive days, the child placement agency or county shall provide the youth and the youth's parent with a written statement identifying:

1. The availability of counseling services;

2. The availability of longer term residential arrangements; and,

3. The possibility of referral to the county department.

M. The case plan shall be developed with the involvement of the youth, the parent(s) or guardian(s) of the youth, the representative of the child placement agency or county, and when possible, the host family home provider. Where the involvement of any of these is not feasible or desirable, the certifying authority shall record the reasons for the exclusion. The case plan shall include by reference or attachment at a minimum the following:

1. Discussion of the youth's and the parent's or guardian's expectations regarding: family contact and involvement; how family contact and involvement are to occur; the nature and goals of care, including any specialized services or specialized treatment to be provided; the religious orientation and practices of the host family home; and, the anticipated planned discharge date and plan for the youth following discharge.

2. Written authorization for care and treatment of the youth.

N. A youth who has reached the age of 15 or older may consent to shelter and services for a period not to exceed 21 days when the following criteria are met:

1. The youth shall voluntarily, knowingly, and willingly sign a consent form that includes:

A. All services the youth may receive during their stay at the shelter and the total number of days the youth may consent to stay in the host home.

B. Legal limits to confidentiality.

C. How and when parent(s), legal guardian(s), and/or child welfare agencies will be notified of the youth's stay.

D. An explanation that services provided by the shelter are provided free of charge to the youth without exchange of any goods, services, or sexual acts.

2. The consent form shall be explained in the child's dominant language or mode of communication, including augmented or facilitated communication, if necessary, and shall take into consideration the child's age, disability, and cultural and religious background.

3. The consent form shall be signed within 12 hours of admission.

O. Documentation of all required notifications and consents shall be kept in the youth's file.

7.721.5YOUTH RIGHTS

7.721.51Youth Rights

A. The child placement agency or county shall have written policies and procedures that address and ensure the availability of each of the following core rights for youth in host family home. These rights may not be restricted or denied by the host family home.

1. Every youth has the right to enjoy freedom of thought, conscience, cultural and ethnic practice, and religion.

2. Every youth has the right to receive adequate and appropriate food, clothing, and housing.

3. Every youth has the right to live in clean, safe surroundings.

4. Every youth has the right to participate in an educational program that will maximize his/her potential in accordance with existing law.

5.

B. Every youth has the right to communicate with others outside the host family home, such as a parent or guardian, caseworker, attorney or guardian ad litem and/ or counsel for youth, current therapist, physician, religious advisor, and, if appropriate, probation officer.

C. Written policies that restrict or limit a youth's rights as listed at Section 7.721.5 must include at a minimum the requirement that the host family home notify the youth at the time of admission of any policy that would limit or restrict a youth's rights. The notification must be communicated in a language or mode of communication the youth can understand and, if possible, be signed by the youth.

D. If the host family home enforces any restrictions upon the youth's rights as listed at Section 7.721.5, the host family home must, in compliance with the written policy and procedure of the host family home:

1. Inform the youth in a language or mode of communication the youth can understand, of the conditions of and reasons for restriction or termination of his/her rights.

2. Place a written report summarizing the conditions of and reasons for restriction, denial, or termination of the youth's rights in that youth's case record along with information about if or when the youth's right(s) can be restored. This Information must be made available to the youth upon request.

3. When a restriction of a youth's rights affects another youth in the host family home, the youth shall be informed, in a language or mode of communication the individual can understand, of the conditions of and reasons for the action.

7.721.51Youth's Grievance Procedure [Eff. 9/15/12]

A. The child placement agency or county of the host family home must establish a written grievance procedure that provides adequate due process safeguards, spells out the appeal process, and assures that youth and parent(s) or guardian(s) are entitled to report any grievance and shall not be subject to any adverse action as a result of filing the grievance.

1. The host family home must follow grievance procedures without alteration, interference, or unreasonable delay.

2. If a grievance is filed with the host family home, the grievance shall be recorded in the youth's record along with the investigation findings and resulting action taken by the child placement agency or county.

B. A list of the youth's rights and the grievance procedures must be provided and explained to the youth and the parent or guardian in a language or manner of communication that they can understand.

7.721.6DISCIPLINE [Eff. 9/15/12]

A. The child placement agency or county shall have written policies and procedures regarding discipline that include:

1. Discipline shall be constructive or educational in nature.

2. Procedures for diversion or separation from the problem situation.

3. Procedures for withholding privileges.

4. Positive responses to youth's appropriate behavior.

B. Policies and procedures must be explained to all youth, parent(s), guardian(s), staff, host family home provider and placing agencies. Basic rights shall not be denied as a disciplinary measure.

C. Youth in care at the host family home shall not discipline other residents.

D. Separation when used as discipline must be brief and appropriate to the youth's age and circumstances. The youth shall always be within hearing of an adult in a safe, clean, well-lighted, well-ventilated room in the host family home that contains at least 50 square feet of floor space.

E. The child placement agency or county shall prohibit all cruel and unusual discipline and ensure providers of host family home and case managers are trained on established guidelines and appropriate discipline.

7.721.7NON-DISCRIMINATION [Eff. 9/15/12]

In compliance with Section 7.701.14 , the host family home shall not discriminate against a youth based upon race, religion, age, gender or disability.

7.721.71Religion and Culture [Eff. 9/15/12]

A. The host family home shall demonstrate consideration for, and sensitivity to, the cultural and religious backgrounds of youth in care.

B. Youth in care of the host family home shall be allowed and encouraged to celebrate his/her cultural and religious holidays.

C. A youth may be invited to participate in religious and cultural activities of the host family home but shall not be required to participate.

D. Any form of religious or cultural intervention used by the host family home to control or change a youth's behavior, or treat or heal a medical condition, must be approved, in writing, by the legal guardian(s) of the youth prior to the use of the intervention.

E. The host family home cannot deny medical care to a youth because of host family home's religious beliefs.

F. Opportunity and assistance shall be provided for each youth to practice the chosen/preferred religious beliefs and faith of his/her family. If the family has no preference, the individual preference of the youth shall be respected. The child placement agency or county will attempt to make necessary arrangements for attendance of youth at the appropriate religious institution or at a study group for religious instruction.

7.721.8EDUCATION AND COMMUNITY INVOLVEMENT

7.721.81Education [Eff. 9/15/12]

Youth shall attend educational/vocational programs in the most appropriate and least restrictive educational setting for the youth, including, but not limited to, attending regular classes conducted in accredited secondary schools within the community and workforce programs to achieve outcomes such as decreasing secondary school dropout rates, increasing rates of attaining a secondary school diploma or its recognized equivalent, or increasing placement and retention in postsecondary education or advanced workforce training programs.

7.721.82Community Participation [Eff. 9/15/12]

A. Participation in community activities shall be encouraged, supported, and a vital part of each youth's life and choice.

B. The child placement agency or county shall reflect consideration for, and sensitivity to, the racial, cultural, ethnic and/or religious backgrounds of youth in care. The host family home shall involve a youth in cultural and/or ethnic activities appropriate to his/her cultural and/or ethnic background. Other factors should include, but are not limited to, consideration of the child's family, community, neighborhood, faith or religious beliefs, school activities, friends, and child's and family's primary language.

C. The host family home shall utilize available services, facilities, and activity programs of the community, and youth shall be given opportunities to participate as individuals or as a group in agency-sponsored recreational and cultural programs.

D. Chores at the host family home are considered part of the participatory responsibility of living together. They shall provide constructive experiences in accordance with the age and ability of the youth. All chores shall be scheduled so as not to conflict with other essential scheduled activities. Youth participating in the host family home cannot provide independent care/supervision of other residents in the host family home.

E. The child placement agency or county shall comply with all child labor laws and regulations in making work assignments, with consideration for agricultural work assignments in those communities.

F. Case manager shall approve paid or voluntary work assignments outside of the host family home. Approval shall include knowledge of the employer, the specific type of work, and the conditions of employment/voluntary work.

G. A youth shall not be exploited. A youth may not participate in solicitation on behalf of the child placement agency or county or certifying authority for a fund-raising activity without the written permission of the parent(s) or guardian(s) for each specific activity, and the youth must be willing to participate in the activity.

7.721.9PERSONAL CARE OF THE YOUTH

7.721.91Medical and Health Services [Eff. 9/15/12]

A. The child placement agency or county of the host family home shall ensure the availability of emergency medical care for each youth in care.

B. Whenever indicated, a youth shall be referred to an appropriate specialist for either further assessment or treatment.

C. At all times there shall be first aid supplies readily available at each host family home and at least one (1) person present at the home or with the youth who is certified in First Aid, or the equivalent, and CPR for all ages of youth in care.

D. The child placement agency or county, in conjunction with the parent(s) or guardian(s), shall make every effort to ensure that a youth needing corrective devices such as glasses, hearing aids, etc., is provided with the necessary equipment.

E. In a potentially life-threatening situation, the child placement agency or county shall refer the youth's care to the appropriate medical and legal authority.

F. Child placement agency or county of the host family home will determine policies for Medications which include the following:

1. Required storage procedures in homes participating in the host family home including locked containment of all medication.

2. During admission process case manager shall ascertain all medication the youth is currently taking.

3. All medication must be kept in a clean storage area inaccessible to youth and stored according to pharmacy instructions.

4. All prescriptive medications shall be administered only upon the written prescription of a physician. The child placement agency or county shall also obtain written authorization from the prescribing physician to administer any non-prescriptive medication.

5. Child placement agency or county will provide providers of host family homes complete instructions to ensure proper administration of medication for each youth.

6. For youth under 18 years old, in an emergency situation, non-prescriptive medication may be administered on the verbal authorization of a physician. Written confirmation must then be obtained for the verbal authorization.

7. The child placement agency or county maintains for each youth a cumulative record of all medication, both prescriptive and non-prescriptive, dispensed to that youth, including:

a. The name of the youth.

b. The name and dosage of medication.

c. The time and date the medication was dispensed.

d. The name or initials of the person administering the medication.

8. The child placement agency or county will establish guidelines for documenting an error of any sort with medication including:

a. Notification to poison control if medication is administered incorrectly.

b. Documentation of missing medication.

7.721.92Food, Nutrition, Personal Hygiene, Daily Routine, Clothing, and Personal Belongings

7.721.921Food and Nutrition

A. The host family home shall provide nutritious foods in the variety and amounts as appropriate for the age, appetite, and activity of each youth.

B. At least three nourishing, wholesome, well-balanced meals a day shall be offered at regular intervals. The host family home provider will document meals in a log to be audited by the child placement agency or county.

C. Family meals including all children and adults present in the home shall be provided whenever possible.

D. Youth shall be encouraged to eat a variety of the food served but shall not be subjected to undue coercion, including forced feeding, or punished for refusal to eat.

E. All food shall be from sources approved or considered satisfactory by the health authority. All foods shall be stored, prepared, and served in such a manner as to be clean, wholesome, free from spoilage, and safe for human consumption. Only pasteurized milk shall be served. Fruits, vegetables and meats may be frozen.

F. The child placement agency or county of the host family home shall inform providers of host family home of the special diets prescribed for youth including those that are contrary to their religious beliefs, or of their family, or are known to cause an allergic reaction or a health hazard.

G. Water shall be readily accessible to youth by means of an approved water source. Youth will be provided clean single-service cup for administering medication and rinsing mouth in bathroom.

7.721.922Personal Hygiene and Daily Routine [Eff. 9/15/12]

A. The child placement agency or county of host family home shall establish procedures to ensure that youth receive training in good habits of personal care, hygiene, and grooming appropriate to their age, gender, race and culture.

B. The host family home shall ensure that youth are provided with necessary and appropriate toiletry items, including clean, individual towels and washcloths, toothbrush, toothpaste, comb, shampoo and clean cups and dishes.

7.721.923Clothing and Personal Belongings [Eff. 9/15/12]

A. The host family home shall allow a youth in care to bring his/her personal belongings to the program, as defined by the child placement agency or county policy, and to acquire belongings of his/her own in accordance with the youth's plan. However, the host family home shall, as necessary, limit or supervise the use of these items while the youth is in the program. Where extraordinary limitations are imposed, the youth shall be informed of the reasons, in a language or manner of communication the youth can understand. The decision and reasons shall be recorded in the youth's case record.

B. The child placement agency or county shall establish provisions for the protection of the youth's property while the youth is participating in the host family home. If the host family home safeguards any money, valuables or personal property for a youth, the child placement agency or county shall maintain and inventory all such possessions. A full return or accounting of such possessions shall be made upon discharge of the youth from the host family home.

7.721.93Living Spaces, Equipment, and Necessary Facilities for a Host Family Home

7.721.931Physical Requirements for a Safe and Adequate Host Family Home [Eff. 9/15/12]

A. The entire premises of homes participating in the host family home are subject to inspection for licensing or certification purposes, including, but not limited to, the interior of the home, the grounds surrounding the home, the basement, the attic (if accessible), any storage buildings, and a garage or carport, if applicable.

B. Homes participating in the host family home, including indoor and outdoor space, shall be maintained in a clean and safe condition free from hazards to health and safety.

C. The following shall be required for all host family homes:

1. Although the presence of firearms and ammunition is strongly discouraged in host family homes, if child placement agency or county policies allow the presence of any weapons such as firearms, air rifles, bows, hunting knives or hunting sling shots, they shall be unstrung and unloaded at all times when youth are in the home and shall be stored in locked containers out of the reach youth. Ammunition and arrows shall be stored in separate locked containers. Firearms that are solely ornamental can be excepted from the storage requirement. Weapons shall not be transported in any vehicle in which youth are riding. Law enforcement professionals are exempted from the requirements of this section if conditions of their employment require them to carry weapons.

2. At least thirty-five (35) square feet of usable indoor space exclusive of halls, baths and sleeping area shall be available for each child. All floor space shall have carpets, tile or smooth finish that may be easily cleaned. Interior walls shall be constructed of solid material and be free from holes. Unfinished basements must be inaccessible to youth when safety hazards are present.

3. Exterior doors shall be maintained in such a manner that would permit easy exit. Interior doors shall be designed to prevent youth from being trapped.

4. A basement that will be used regularly in the care of youth in any manner shall be equipped with more than one exit; such exit may be an accessible window.

5. The home shall be equipped with refrigeration, and provisions shall be made for the washing, rinsing and storing of dishes in a safe and sanitary manner.

6. A comfortable bed in a well-ventilated room, which is not customarily used for other purposes, shall be available for each youth in the host family home. There shall be a minimum of forty (40) square feet of floor space for each youth's bed, and the beds should be placed at least two feet apart when arranged in parallel. Youth under the age of eighteen (18) may not be housed in the same living areas, including bedrooms, as youth over the age of eighteen.

7. No home participating in the host family home shall be used for a rental income business or an adult foster care facility. A business of a nature that might be hazardous to the health, safety, morals or welfare of youth shall not be operated on the premises of the home.

8. Mobile homes participating in the host family home shall have at least two exits, be skirted and properly installed and stabilized.

9. The child placement agency or county shall establish procedures for safety issues related to swimming pools; trampoline or other outdoor equipment shall be assessed by the child placement agency or county, addressed by the county or state health department as necessary, and documented in the case file.

D. A certificate shall be denied, suspended, revoked or made probationary for failure to repair or otherwise comply with any of the preceding requirements when a defect or noncompliance with such requirement has been noted by the licensing or certifying representative of the child placement agency or county and brought to the attention of the licensee or applicant in writing.

7.721.932Host Family Home Maintenance [Eff. 9/15/12]

Child placement agency or county shall ensure that homes participating in the host family home:

A. Are kept in good repair and maintained in a safe, clean, and sanitary condition.

B. All areas available to youth's activities including equipment, materials and furnishings shall be of sturdy, safe construction, easy to clean, and free of hazards, such as sharp points or corners, splinters, protruding nails, broken play and recreational equipment, or paint that contains lead or other poisonous materials and might be dangerous to the life or health of youth.

C. Are kept free from accumulation of significant amounts of non-essential materials such as furnishings, newspapers, or magazines that could pose a fire or health hazard.

D. Have provisions for collection, storage, and disposal of trash to prevent infestation by rodents.

7.721.933Fire Safety [Eff. 9/15/12]

Child placement agency or county shall establish procedure for homes participating in the host family home that ensure:

A. All homes participating in the host family home shall contain at least one Underwriters Laboratories (U.L.) approved fire extinguisher, highly visible, easily accessible, and in working condition, weighing not less than five pounds, that has a rating of 2A, 10BC. This requirement may be waived if more extensive fire-control measures are required by a local fire department.

B. A smoke detector and carbon monoxide detector, in working condition, must be installed on each level of the home and near sleeping areas.

C. Fire hazards, such as defective electrical appliances and electric cords, dangerous or defective heating equipment or flammable material stored in such a manner as to create a risk of fire shall be corrected or eliminated.

D. No gas space heaters, open-flame gas or oil stoves, hot plates, or un-vented heaters are used in the home for heating purposes. No electric space heaters shall be used in the home for permanent heating purposes.

E. Flammables, aerosol paints, insecticides, chemicals, and other dangerous materials shall be locked or stored so they are inaccessible to youth and must be stored in areas separate from sleeping or living areas. Flammables shall be stored in an approved container and not be stored near a furnace, hot water heater, or other heating device.

F. Heating devices such as radiators, registers, fireplaces, wood-burning stoves, and steam and hot water pipes that pose a fire or burn hazard to youth shall be screened or otherwise protected.

G. There shall be no candles or other burnable objects permitted in youth's sleeping areas. Youth shall not be permitted to smoke inside host family home or in any vehicle used to transport.

H. Exit doors shall be clearly identified to all youth. No lock or fastening to prevent free escape from the inside of any room used by the youth shall be permitted.

I. Exit routes shall be kept free of discarded furniture, furnishings, laundry, and stacks of newspapers or magazines that could interfere with the prompt evacuation of the homes participating in the host family home.

7.721.94Transportation [Eff.9/15/12]

A. The child placement agency or county of the host family home shall ensure that youth are provided with the transportation necessary for implementing the youth's service plan.

B. Homes participating in the host family home shall have means of transporting youth in cases of emergency.

C. Any vehicle used by the host family home in transporting youth in care shall be properly licensed and the vehicle shall be maintained in accordance with Colorado law.

D. Any host home parent or other person acting on behalf of the host family home operating a vehicle for purpose of transporting youth shall be properly licensed to operate the class of vehicle in accordance with Colorado law.

E. Youth must be properly fastened into a restraint system that conforms to all applicable Federal Motor Vehicle Safety Standards and pursuant to Colorado law.

F. The host family home shall not allow the number of persons in any vehicle used to transport youth to exceed the number of available seats in the vehicle.

G. The vehicle shall be enclosed and provided with door locks.

H. The child placement agency or county of the host family home shall ascertain the nature of any need or problem of youth in the program that might cause difficulty during transportation, such as seizures or a tendency toward motion sickness. The host family home shall communicate this information to the driver of any vehicle transporting youth.

7.721.95Records, Reports and Confidentiality

7.721.951Confidentiality [Eff. 9/15/12]

A. The child placement agency or county shall have a policy as to the maintenance, storage and confidentiality of records.

B. Records shall be the property of the child placement agency or county and shall be protected against loss, tampering, or unauthorized use.

C. Facts learned about youth and their families shall be kept confidential, with the following exceptions:

1. In medical emergencies, and then only when the assistance and/or expertise is required of that unauthorized person; or,

2. To the youth, his/her parent(s) or guardian(s) and their respective legal counsel(s), a court having jurisdiction over the youth, or an authorized public official, or licensing representative in performance of his/her mandated duties; or,

3. If the parent(s) or guardian(s) has given voluntary, written consent facts maybe shared using confidential fax or encrypted email.

4. Mandatory reporting of child abuse as required by law; and,

5. Reporting to the appropriate authority a youth's attempt to harm his/herself or others.

6. A youth's records may only be released upon the written consent of the youth, and the legal guardian for youth under eighteen years old; facts may be shared using confidential fax or encrypted email.

7.721.952Records [Eff. 9/15/12]

A. The child placement agency or county shall maintain complete records as required for the host family home.

B. Records for youth shall be retained for at least three years. Retention of records for a longer period may be desirable when they reflect an accident, injury or other unusual circumstance.

C. A record of admission shall be completed for each youth in the host family home at the time of admission. The admission record shall be maintained at the child placement agency or county. The host family home where the youth where the youth resides shall received an abbreviated admissions record that contains:

1. Youth's name, date and place of birth (verified by a birth certificate when possible), gender, race, religious preferences, and date of admission.

2. Psychiatric and psychological reports, when available.

3. Medical/medication summary and reports, when available.

4. Summary recording of significant contacts with parent(s), guardian(s) and other involved agencies.

D. When a youth is removed or discharged from the host family home, the child placement agency or county shall complete a summary of the youth's discharge from the home which includes at a minimum:

1. The date of the discharge of the youth from the home.

2. The plan for the youth.

3. Circumstances that led to an unplanned discharge.

E. Copies of a youth's file, including discharge information, shall be provided to parent(s) or guardian(s) upon request or to others by written consent.

F. A copy of all policies developed by the child placement agency or county for the host family home shall be maintained for at least three years.

7.721.953Reports [Eff. 9/15/12]

A. The Child Placement Agency or County shall immediately attempt to notify the youth's parent(s), guardian(s), and/or the responsible agency of any serious illness or serious injury resulting in medical treatment away from the home, hospitalization or death involving a youth in the host family home.

B. The child placement agency or county must immediately report in writing to the Department any accidents, injuries, serious illnesses, or fatalities that occurred at the host family home and that resulted in emergency medical treatment away from the host family home, hospitalization or death. The report must be made within 48 hours after the accident, illness, or death occurred.

C. A report about a death must include:

1. The youth's name, birth date, address, and telephone number.

2. If known, the names of the youth's parent(s) or guardian(s) and their address and telephone number if different from that of the youth.

3. Date of the fatality.

4. Brief description of the incident or illness leading to the death.

5. Names and addresses of witnesses or persons who were with the youth at the time of death.

6. Name and address of police department or authority to which the report was made.

D. The child placement agency or county of the host family home must immediately report in writing to the Department any change in the status of the home that would affect care of youth.

E. The child placement agency or county must immediately report in writing to the Department any legal action brought against a home participating in the host family home regarding any youth, staff, or conduct of the home at the time of initiation of such legal action.

These rules will address the operation of a substitute placement agency that places a substitute child care teacher or director into a licensed child care facility for the purpose of providing substitute child care.

12 CCR 2509-8-7.721

37 CR 13, July 10, 2014, effective 8/1/2014

38 CR 04, February 25, 2015, effective 4/1/2015

38 CR 17, September 10, 2015, effective 10/1/2015

38 CR 19, October 10, 2015, effective 11/1/2015

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

39 CR 01, January 10, 2016, effective 2/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

40 CR 05, March 10, 2017, effective 4/1/2017

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

41 CR 01, January 10, 2018, effective 2/1/2018

41 CR 03, February 10, 2018, effective 3/2/2018

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 17, September 10, 2018, effective 9/30/2018

40 CR 23, December 10, 2017, effective 12/30/2018

41 CR 23, December 10, 2018, effective 1/1/2019

42 CR 01, January 10, 2019, effective 2/1/2019

42 CR 03, February 10, 2019, effective 3/15/2019

42 CR 09, May 10, 2019, effective 6/1/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 15, August 10, 2020, effective 9/1/2020

43 CR 17, September 10, 2020, effective 9/30/2020

44 CR 01, January 10, 2021, effective 1/30/2021

44 CR 05, March 10, 2021, effective 4/1/2021

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 17, September 10, 2021, effective 10/1/2021

44 CR 21, November 10, 2021, effective 12/1/2021

45 CR 15, August 10, 2022, effective 7/8/2022

45 CR 17, September 10, 2022, effective 9/30/2022

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 05, March 10, 2023, effective 4/1/2023

46 CR 07, April 10, 2023, effective 6/1/2023