13 | | - | ONCERNING INCREASING SUPPORT FOR KINSHIP FOSTER CARE HOMES , AND, |
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14 | | - | IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. |
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15 | | - | |
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16 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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| 15 | + | ONCERNING INCREASING SUPPORT FOR KINSHIP FOSTER CARE HOMES , |
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| 16 | + | 101 |
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| 17 | + | AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102 |
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| 18 | + | Bill Summary |
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| 19 | + | (Note: This summary applies to this bill as introduced and does |
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| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 21 | + | passes third reading in the house of introduction, a bill summary that |
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| 22 | + | applies to the reengrossed version of this bill will be available at |
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| 23 | + | http://leg.colorado.gov/ |
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| 24 | + | .) |
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| 25 | + | Colorado's Child Welfare System Interim Study Committee. |
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| 26 | + | The bill states that a court shall not delay permanency planning for a child |
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| 27 | + | or youth for purposes of maintaining financial support for a kinship foster |
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| 28 | + | care home, or a non-certified kinship foster care home, unless there are |
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| 29 | + | exceptional circumstances as approved by the court. |
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| 30 | + | The bill allows the state department of human services (state |
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| 31 | + | HOUSE |
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| 32 | + | 3rd Reading Unamended |
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| 33 | + | May 3, 2024 |
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| 34 | + | HOUSE |
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| 35 | + | Amended 2nd Reading |
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| 36 | + | May 2, 2024 |
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| 37 | + | SENATE |
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| 38 | + | 3rd Reading Unamended |
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| 39 | + | March 20, 2024 |
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| 40 | + | SENATE |
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| 41 | + | Amended 2nd Reading |
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| 42 | + | March 19, 2024 |
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| 43 | + | SENATE SPONSORSHIP |
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| 44 | + | Zenzinger and Kirkmeyer, Fields, Michaelson Jenet, Bridges, Buckner, Coleman, Cutter, |
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| 45 | + | Exum, Fenberg, Gardner, Ginal, Gonzales, Hansen, Kolker, Liston, Lundeen, Mullica, Pelton |
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| 46 | + | B., Pelton R., Priola, Rich, Roberts, Rodriguez, Smallwood, Will, Winter F. |
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| 47 | + | HOUSE SPONSORSHIP |
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| 48 | + | Pugliese and Young, Bradley, Duran, Evans, Froelich, Joseph, Amabile, Bird, |
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| 49 | + | Boesenecker, Brown, Daugherty, deGruy Kennedy, English, Garcia, Hamrick, Hernandez, |
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| 50 | + | Herod, Jodeh, Kipp, Lieder, Lindsay, Lukens, Mauro, McCluskie, McLachlan, Ortiz, Parenti, |
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| 51 | + | Rutinel, Sirota, Snyder, Story, Taggart, Valdez, Velasco, Vigil, Willford, Woodrow |
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| 52 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 53 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 54 | + | Dashes through the words or numbers indicate deletions from existing law. department) to promulgate rules to modify the requirements for kinship |
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| 55 | + | foster care homes, including training topics for kinship foster care |
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| 56 | + | certification. |
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| 57 | + | Emergency financial assistance for a kinship foster care home is |
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| 58 | + | expanded to include goods needed for the child's basic care, including |
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| 59 | + | beds, clothing, and transportation costs, and limited rental or housing |
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| 60 | + | assistance not to exceed a 60-day subsidy. |
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| 61 | + | The bill clarifies the definitions regarding foster care homes, |
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| 62 | + | kinship foster care homes (kinship home), and non-certified kinship foster |
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| 63 | + | care homes (non-certified kinship home). A kinship home is a home that |
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| 64 | + | has been certified by a county department of human or social services |
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| 65 | + | (county department) or a child placement agency to provide 24-hour care |
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| 66 | + | for relatives or kin only who are less than 21 years of age. A kinship |
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| 67 | + | home is eligible for financial assistance and supports. "Kinship foster care |
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| 68 | + | home" does not include a non-certified kinship home. A non-certified |
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| 69 | + | kinship home means a relative or kin who has a significant relationship |
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| 70 | + | with the child or youth and who has either chosen not to pursue the |
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| 71 | + | certification process or who has not met the certification requirements for |
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| 72 | + | a kinship home. |
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| 73 | + | The bill formally establishes the process by which a kinship home |
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| 74 | + | may apply for certification from a county department or child placement |
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| 75 | + | agency. A county department or child placement agency, upon the |
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| 76 | + | completion of the required background checks, may issue a one-time |
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| 77 | + | provisional certificate for a period of 6 months to an applicant at a |
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| 78 | + | specific location who is requesting provisional certification, if requested |
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| 79 | + | by the applicant. If the applicant completes the required background |
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| 80 | + | checks, the county department or child placement agency shall make |
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| 81 | + | payment beginning with the date of placement. The county department or |
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| 82 | + | child placement agency shall complete the certification process within the |
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| 83 | + | timelines promulgated by rule of the state board. The applicant has the |
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| 84 | + | right to appeal any denial of certification. The state department, a county |
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| 85 | + | department, or a child placement agency has the right to revoke a kinship |
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| 86 | + | home's certification for cause. |
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| 87 | + | Prior to issuing a certificate or subsequent certificate to an |
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| 88 | + | applicant to operate a kinship home, a county department or a child |
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| 89 | + | placement agency shall conduct a fingerprint-based criminal history |
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| 90 | + | record check (fingerprint check) through the Colorado bureau of |
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| 91 | + | investigation. The applicant shall pay, unless otherwise paid by a county |
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| 92 | + | department, the costs associated with the fingerprint check to the |
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| 93 | + | Colorado bureau of investigation. |
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| 94 | + | The county department or child placement agency to which the |
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| 95 | + | kinship home applied for certification shall extend the provisional |
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| 96 | + | certification by an additional 60 days if the applicant can demonstrate that |
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| 97 | + | the applicant did not cause the delay in completing all the requirements |
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| 98 | + | for certification. |
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| 99 | + | 008 |
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| 100 | + | -2- A kinship home may opt out of the provisional certification |
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| 101 | + | process and remain eligible for supports through sources other than foster |
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| 102 | + | care maintenance. |
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| 103 | + | The bill stipulates that prior to transferring temporary legal custody |
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| 104 | + | of any child or youth to a relative or kin, the court shall make findings |
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| 105 | + | that the relative or kin was advised regarding the differences between |
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| 106 | + | kinship foster care and non-certified kinship care, including but not |
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| 107 | + | limited to financial assistance, custody requirements, and long-term |
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| 108 | + | financial support options. |
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| 109 | + | Kinship foster care homes are eligible for financial reimbursement |
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| 110 | + | and supports at the same rate as foster care homes, as established in rules |
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| 111 | + | promulgated by the state board of human services. Non-certified kinship |
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| 112 | + | care homes are eligible for financial assistance and supports at 50% of the |
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| 113 | + | foster care rate, based on the age of the child or youth receiving care. |
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| 114 | + | The state department shall collaborate with the department of |
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| 115 | + | education, the department of public health and environment, and the |
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| 116 | + | department of health care policy and financing to develop an interagency |
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| 117 | + | resource guide to assist kinship in the certification process. The state |
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| 118 | + | department shall prominently post the interagency resource guide on the |
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| 119 | + | state department's website. |
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| 120 | + | The bill directs the state department and the judicial department to |
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| 121 | + | collect data on the number of children who are placed with certified and |
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| 122 | + | non-certified kin through a dependency and neglect case, regardless of |
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| 123 | + | whether the kin or county has custody of the child or youth. The state |
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| 124 | + | department shall make the data available on its website on or before |
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| 125 | + | January 30, 2025. |
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| 126 | + | On or before October 1, 2024, the state department shall study and |
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| 127 | + | report to the general assembly the feasibility of using federal funds, |
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| 128 | + | including but not limited to federal IV-B, IV-E, or TANF funds, or other |
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| 129 | + | grant funding to provide or reimburse for the provision of brief legal |
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| 130 | + | services or legal representation of relative and kin caregivers. |
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| 131 | + | The bill makes conforming amendments to align statutory sections |
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| 132 | + | related to foster care homes with kinship homes. |
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| 133 | + | The bill takes effect September 1, 2024. |
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| 134 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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21 | | - | RIOR TO TRANSFERRING TEMPORARY LEGAL CUSTODY |
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22 | | - | OF A CHILD OR YOUTH TO A RELATIVE OR KIN |
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23 | | - | , THE COURT SHALL MAKE |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. FINDINGS THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE |
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32 | | - | DIFFERENCES BETWEEN KINSHIP FOSTER CARE AND NON |
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33 | | - | -CERTIFIED KINSHIP |
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34 | | - | CARE |
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35 | | - | , INCLUDING, BUT NOT LIMITED TO, FINANCIAL ASSISTANCE, CUSTODY |
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36 | | - | REQUIREMENTS |
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37 | | - | , AND LONG-TERM FINANCIAL SUPPORT OPTIONS. |
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38 | | - | SECTION 2. In Colorado Revised Statutes, 19-3-702, amend (3) |
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39 | | - | introductory portion as follows: |
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40 | | - | 19-3-702. Permanency hearing. (3) At any permanency planning |
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41 | | - | hearing, the court shall first determine if the child or youth should be |
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42 | | - | returned to the child's or youth's parent, named guardian, or legal custodian |
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43 | | - | and, if applicable, the date on which the child or youth must be returned. If |
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44 | | - | the child or youth cannot be returned home, the court shall also determine |
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45 | | - | whether reasonable efforts have been made to find a safe and stable |
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46 | | - | permanent home for the child or youth. The court shall not delay |
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47 | | - | permanency planning by considering the placement of children or youth |
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48 | | - | together as a sibling group |
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49 | | - | OR FOR PURPOSES OF MAINTAINING FINANCIAL |
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50 | | - | SUPPORT FOR A KINSHIP FOSTER CARE HOME OR A NON |
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51 | | - | -CERTIFIED KINSHIP |
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52 | | - | CARE HOME |
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53 | | - | , UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES APPROVED |
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54 | | - | BY THE COURT |
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55 | | - | . At any permanency planning hearing, the court shall make |
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56 | | - | the following determinations, when applicable: |
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57 | | - | SECTION 3. In Colorado Revised Statutes, 19-7-104, add (4) as |
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58 | | - | follows: |
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59 | | - | 19-7-104. Subjects included within training for certified foster |
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| 140 | + | RIOR TO TRANSFERRING TEMPORARY LEGAL |
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| 141 | + | 5 |
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| 142 | + | 008-3- CUSTODY OF A CHILD OR YOUTH TO A RELATIVE OR KIN , THE COURT SHALL1 |
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| 143 | + | MAKE FINDINGS THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE2 |
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| 144 | + | DIFFERENCES BETWEEN KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP3 |
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| 145 | + | CARE, INCLUDING, BUT NOT LIMITED TO, FINANCIAL ASSISTANCE, CUSTODY4 |
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| 146 | + | REQUIREMENTS, AND LONG-TERM FINANCIAL SUPPORT OPTIONS.5 |
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| 147 | + | SECTION 2. In Colorado Revised Statutes, 19-3-702, amend (3)6 |
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| 148 | + | introductory portion as follows:7 |
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| 149 | + | 19-3-702. Permanency hearing. (3) At any permanency8 |
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| 150 | + | planning hearing, the court shall first determine if the child or youth9 |
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| 151 | + | should be returned to the child's or youth's parent, named guardian, or10 |
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| 152 | + | legal custodian and, if applicable, the date on which the child or youth11 |
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| 153 | + | must be returned. If the child or youth cannot be returned home, the court12 |
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| 154 | + | shall also determine whether reasonable efforts have been made to find13 |
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| 155 | + | a safe and stable permanent home for the child or youth. The court shall14 |
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| 156 | + | not delay permanency planning by considering the placement of children15 |
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| 157 | + | or youth together as a sibling group |
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| 158 | + | OR FOR PURPOSES OF MAINTAINING16 |
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| 159 | + | FINANCIAL SUPPORT FOR A KINSHIP FOSTER CARE HOME OR A17 |
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| 160 | + | NON-CERTIFIED KINSHIP |
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| 161 | + | CARE HOME, UNLESS THERE ARE EXCEPTIONAL18 |
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| 162 | + | CIRCUMSTANCES APPROVED BY THE COURT . At any permanency planning19 |
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| 163 | + | hearing, the court shall make the following determinations, when20 |
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| 164 | + | applicable:21 |
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| 165 | + | SECTION 3. In Colorado Revised Statutes, 19-7-104, add (4) as22 |
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| 166 | + | follows:23 |
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| 167 | + | 19-7-104. Subjects included within training for certified foster24 |
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127 | | - | HE GENERAL ASSEMBLY INTENDS THAT THOSE WHO REGULATE |
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128 | | - | AND FUND |
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129 | | - | , AND THOSE WHO ARE REGULATED AND FUNDED , WORK TOGETHER |
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130 | | - | TO MEET THE NEEDS OF THE CHILDREN |
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131 | | - | , YOUTH, AND THEIR FAMILIES; FOSTER |
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132 | | - | CARE PROVIDERS |
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133 | | - | ; KINSHIP FOSTER CARE PROVIDERS ; CHILD PLACEMENT |
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134 | | - | AGENCIES |
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135 | | - | ; AND RESIDENTIAL AND DAY TREATMENT CHILD CARE FACILITIES . |
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136 | | - | SECTION 7. In Colorado Revised Statutes, 26-6-903, amend (4), |
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137 | | - | (10), and (16); and add (21.5) as follows: |
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138 | | - | 26-6-903. Definitions. As used in this part 9, unless the context |
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139 | | - | otherwise requires: |
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140 | | - | (4) "Certification" means the process by which a county department |
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141 | | - | of human or social services, a child placement agency, or a federally |
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142 | | - | recognized tribe pursuant to applicable federal law approves the operation |
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143 | | - | of a foster care home |
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144 | | - | OR A KINSHIP FOSTER CARE HOME. |
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145 | | - | (10) "Foster care home" means a home that is certified by a county |
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146 | | - | department or a child placement agency pursuant to section 26-6-910, or a |
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147 | | - | federally recognized tribe pursuant to applicable federal law, for child care |
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148 | | - | in a place of residence of a family or person for the purpose of providing |
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149 | | - | twenty-four-hour family foster care for a child under the age of |
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150 | | - | OR YOUTH |
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151 | | - | LESS THAN |
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152 | | - | twenty-one years OF AGE. A foster care home may include foster |
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153 | | - | care for a child |
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154 | | - | OR YOUTH who is unrelated to the head of the home. or |
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155 | | - | foster care provided through a kinship foster care home but does not include |
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156 | | - | noncertified kinship care, as defined in section 19-1-103. The term includes |
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157 | | - | a foster care home that receives a child for regular twenty-four-hour care |
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158 | | - | and a home that receives a child |
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159 | | - | OR YOUTH from a state-operated institution |
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160 | | - | for child care or from a child placement agency. "Foster care home" also |
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161 | | - | PAGE 4-SENATE BILL 24-008 includes those homes licensed by the department pursuant to section |
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162 | | - | 26-6-905 that receive neither money from the counties nor children |
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163 | | - | OR |
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164 | | - | YOUTH |
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165 | | - | placed by the counties. |
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| 237 | + | HE GENERAL ASSEMBLY INTENDS THAT THOSE WHO21 |
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| 238 | + | REGULATE AND FUND, AND THOSE WHO ARE REGULATED AND FUNDED ,22 |
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| 239 | + | WORK TOGETHER TO MEET THE NEEDS OF THE CHILDREN , YOUTH, AND23 |
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| 240 | + | THEIR FAMILIES; FOSTER CARE PROVIDERS ; KINSHIP FOSTER CARE24 |
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| 241 | + | PROVIDERS; CHILD PLACEMENT AGENCIES ; AND RESIDENTIAL AND DAY25 |
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| 242 | + | TREATMENT CHILD CARE FACILITIES.26 |
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| 243 | + | SECTION 7. |
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| 244 | + | In Colorado Revised Statutes, 26-6-903, amend (4),27 |
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| 245 | + | 008 |
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| 246 | + | -6- (10), and (16); and add (21.5) as follows:1 |
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| 247 | + | 26-6-903. Definitions. As used in this part 9, unless the context2 |
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| 248 | + | otherwise requires:3 |
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| 249 | + | (4) "Certification" means the process by which a county4 |
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| 250 | + | department of human or social services, a child placement agency, or a5 |
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| 251 | + | federally recognized tribe pursuant to applicable federal law approves the6 |
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| 252 | + | operation of a foster care home |
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| 253 | + | OR A KINSHIP FOSTER CARE HOME.7 |
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| 254 | + | (10) "Foster care home" means a home that is certified by a county8 |
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| 255 | + | department or a child placement agency pursuant to section 26-6-910, or9 |
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| 256 | + | a federally recognized tribe pursuant to applicable federal law, for child10 |
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| 257 | + | care in a place of residence of a family or person for the purpose of11 |
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| 258 | + | providing twenty-four-hour family foster care for a child under the age of |
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| 259 | + | 12 |
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| 260 | + | OR YOUTH LESS THAN twenty-one years OF AGE. A foster care home may13 |
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| 261 | + | include foster care for a child |
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| 262 | + | OR YOUTH who is unrelated to the head of14 |
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| 263 | + | the home. or foster care provided through a kinship foster care home but |
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| 264 | + | 15 |
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| 265 | + | does not include noncertified kinship care, as defined in section 19-1-103.16 |
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| 266 | + | The term includes a foster care home that receives a child for regular17 |
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| 267 | + | twenty-four-hour care and a home that receives a child |
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| 268 | + | OR YOUTH from18 |
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| 269 | + | a state-operated institution for child care or from a child placement19 |
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| 270 | + | agency. "Foster care home" also includes those homes licensed by the20 |
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| 271 | + | department pursuant to section 26-6-905 that receive neither money from21 |
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| 272 | + | the counties nor children |
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| 273 | + | OR YOUTH placed by the counties.22 |
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191 | | - | ON-CERTIFIED KINSHIP CARE" MEANS KINSHIP CARE THAT |
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192 | | - | IS PROVIDED TO A CHILD OR YOUTH WHO IS LESS THAN TWENTY |
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193 | | - | -ONE YEARS |
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194 | | - | OF AGE BY A RELATIVE OR KIN WHO HAS A SIGNIFICANT RELATIONSHIP WITH |
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195 | | - | THE CHILD OR YOUTH AND WHO HAS EITHER CHOSEN NOT TO PURSUE THE |
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196 | | - | CERTIFICATION PROCESS OR WHO HAS NOT MET THE CERTIFICATION |
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197 | | - | REQUIREMENTS FOR A KINSHIP FOSTER CARE HOME AS SET FORTH IN THIS |
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198 | | - | PART |
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199 | | - | 9. |
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200 | | - | SECTION 8. In Colorado Revised Statutes, add 26-6-904.5 as |
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201 | | - | follows: |
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202 | | - | 26-6-904.5. Kinship foster care homes - certification and |
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203 | | - | revocation of certification - financial assistance and supports - training |
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204 | | - | - interagency resource data - report - rules - repeal. (1) (a) A |
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205 | | - | KINSHIP |
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206 | | - | FOSTER CARE HOME SEEKING CERTIFICATION SHALL FOLLOW THE |
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207 | | - | APPLICATION PROCESS OUTLINED IN SECTION |
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208 | | - | 26-6-910. A COUNTY |
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209 | | - | DEPARTMENT OR CHILD PLACEMENT AGENCY |
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210 | | - | , UPON THE SUCCESSFUL |
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211 | | - | COMPLETION OF THE BACKGROUND CHECKS REQUIRED PURSUANT TO |
---|
212 | | - | SECTION |
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213 | | - | 19-3-406 OR 26-6-910, MAY ISSUE A ONE-TIME PROVISIONAL |
---|
214 | | - | PAGE 5-SENATE BILL 24-008 CERTIFICATE FOR A PERIOD OF SIX MONTHS TO AN APPLICANT AT A SPECIFIC |
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215 | | - | LOCATION WHO IS REQUESTING PROVISIONAL CERTIFICATION |
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216 | | - | . THE |
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217 | | - | APPLICANT MAY OPT OUT OF THE PROVISIONAL CERTIFICATION PROCESS |
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218 | | - | . A |
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219 | | - | PROVISIONAL CERTIFICATION PERMITS THE APPLICANT TO OPERATE THE |
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220 | | - | KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE TO |
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221 | | - | CONFORM TO ALL STANDARDS REQUIRED PURSUANT TO THIS PART |
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222 | | - | 9, UPON |
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223 | | - | PROOF BY THE APPLICANT THAT THE APPLICANT IS ATTEMPTING TO CONFORM |
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224 | | - | TO THE STANDARDS OR TO COMPLY WITH ANY OTHER REQUIREMENTS |
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225 | | - | . IF THE |
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226 | | - | APPLICANT SUCCESSFULLY COMPLETES THE BACKGR OUND CHECKS REQUIRED |
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227 | | - | PURSUANT TO SECTION |
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228 | | - | 19-3-406 OR 26-6-910, THE COUNTY DEPARTMENT OR |
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229 | | - | CHILD PLACEMENT AGENCY SHALL MAKE PAYMENT BEGINNING WITH THE |
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230 | | - | COMPLETION OF THE FINGERPRINT BACKGROUND CHECK |
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231 | | - | . THE COUNTY |
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232 | | - | DEPARTMENT OR CHILD PLACEMENT AGENCY SHALL COMPLETE THE |
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233 | | - | CERTIFICATION PROCESS WITHIN THE TIMELINES PROMULGATED BY RULE OF |
---|
234 | | - | THE STATE BOARD |
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235 | | - | . |
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| 296 | + | ON-CERTIFIED KINSHIP CARE" MEANS KINSHIP CARE THAT13 |
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| 297 | + | IS PROVIDED TO A CHILD OR YOUTH WHO IS LESS THAN TWENTY -ONE YEARS14 |
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| 298 | + | OF AGE BY A RELATIVE OR KIN WHO HAS A SIGNIFICANT RELATIONSHIP15 |
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| 299 | + | WITH THE CHILD OR YOUTH AND WHO HAS EITHER CHOSEN NOT TO PURSUE16 |
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| 300 | + | THE CERTIFICATION PROCESS OR WHO HAS NOT MET THE CERTIFICATION17 |
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| 301 | + | REQUIREMENTS FOR A KINSHIP FOSTER CARE HOME AS SET FORTH IN THIS18 |
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| 302 | + | PART 9.19 |
---|
| 303 | + | SECTION 8. |
---|
| 304 | + | In Colorado Revised Statutes, add 26-6-904.5 as20 |
---|
| 305 | + | follows:21 |
---|
| 306 | + | 26-6-904.5. Kinship foster care homes - certification and22 |
---|
| 307 | + | revocation of certification - financial assistance and supports -23 |
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| 308 | + | training - interagency resource data - report - rules - repeal. (1) (a) A24 |
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| 309 | + | KINSHIP FOSTER CARE HOME SEEKING CERTIFICATION SHALL FOLLOW THE25 |
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| 310 | + | APPLICATION PROCESS OUTLINED IN SECTION 26-6-910. A COUNTY26 |
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| 311 | + | DEPARTMENT OR CHILD PLACEMENT AGENCY , UPON THE SUCCESSFUL27 |
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| 312 | + | 008 |
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| 313 | + | -8- COMPLETION OF THE BACKGROUND CHECKS REQUIRED PURSUANT TO1 |
---|
| 314 | + | SECTION 19-3-406 OR 26-6-910, MAY ISSUE A ONE-TIME PROVISIONAL2 |
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| 315 | + | CERTIFICATE FOR A PERIOD OF SIX MONTHS TO AN APPLICANT AT A3 |
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| 316 | + | SPECIFIC LOCATION WHO IS REQUESTING PROVISIONAL CERTIFICATION . THE4 |
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| 317 | + | APPLICANT MAY OPT OUT OF THE PROVISIONAL CERTIFICATION PROCESS .5 |
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| 318 | + | A |
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| 319 | + | PROVISIONAL CERTIFICATION PERMITS THE APPLICANT TO OPERATE THE6 |
---|
| 320 | + | KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE7 |
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| 321 | + | TO CONFORM TO ALL STANDARDS REQUIRED PURSUANT TO THIS PART 9,8 |
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| 322 | + | UPON PROOF BY THE APPLICANT THAT THE APPLICANT IS ATTEMPTING TO9 |
---|
| 323 | + | CONFORM TO THE STANDARDS OR TO COMPLY WITH ANY OTHER10 |
---|
| 324 | + | REQUIREMENTS. IF THE APPLICANT SUCCESSFULLY COMPLETES THE11 |
---|
| 325 | + | BACKGROUND CHECKS REQUIRED PURSUANT TO SECTION 19-3-406 OR |
---|
| 326 | + | 12 |
---|
| 327 | + | 26-6-910, THE COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY13 |
---|
| 328 | + | SHALL MAKE PAYMENT BEGINNING WITH THE COMPLETION OF THE14 |
---|
| 329 | + | FINGERPRINT BACKGROUND CHECK . THE COUNTY DEPARTMENT OR CHILD15 |
---|
| 330 | + | PLACEMENT AGENCY SHALL COMPLETE THE CERTIFICATION PROCESS16 |
---|
| 331 | + | WITHIN THE TIMELINES PROMULGATED BY RULE OF THE STATE BOARD .17 |
---|
276 | | - | HE STATE DEPARTMENT, A COUNTY DEPARTMENT, OR A CHILD |
---|
277 | | - | PLACEMENT AGENCY MAY REVOKE A KINSHIP FOSTER CARE HOME |
---|
278 | | - | 'S |
---|
279 | | - | CERTIFICATION IN ACCORDANCE WITH SECTION |
---|
280 | | - | 26-6-913. |
---|
281 | | - | (2) K |
---|
282 | | - | INSHIP FOSTER CARE HOMES ARE ELIGIBLE FOR FINANCIAL |
---|
283 | | - | REIMBURSEMENT AND SUPPORTS AT THE SAME RATE AS FOSTER CARE HOMES |
---|
284 | | - | , |
---|
285 | | - | AS ESTABLISHED IN RULES PROMULGATED BY THE STATE BOARD OF HUMAN |
---|
286 | | - | SERVICES |
---|
287 | | - | . NON-CERTIFIED KINSHIP CARE HOMES ARE ELIGIBLE FOR |
---|
288 | | - | FINANCIAL ASSISTANCE AND SUPPORTS AT THIRTY PERCENT OF THE FOSTER |
---|
289 | | - | CARE RATE |
---|
290 | | - | , BASED ON THE AGE OF THE CHILD OR YOUTH RECEIVING CARE . |
---|
291 | | - | B |
---|
292 | | - | EGINNING IN STATE FISCAL YEAR 2026-27, NON-CERTIFIED KINSHIP CARE |
---|
293 | | - | HOMES ARE ELIGIBLE FOR FINANCIAL ASSISTANCE AND SUPPORT AT FIFTY |
---|
294 | | - | PERCENT OF THE FOSTER CARE RATE |
---|
295 | | - | , BASED ON THE AGE OF THE CHILD OR |
---|
296 | | - | YOUTH RECEIVING CARE |
---|
297 | | - | . FUNDING TO COVER FINANCIAL ASSISTANCE AND |
---|
298 | | - | SUPPORTS COMES FROM THE REVENUE STREAM IDENTIFIED IN SUBSECTION |
---|
299 | | - | (3) |
---|
300 | | - | OF THIS SECTION. |
---|
301 | | - | (3) (a) T |
---|
302 | | - | HE STATE DEPARTMENT SHALL REIMBURSE THE COUNTY |
---|
303 | | - | DEPARTMENTS NINETY PERCENT OF THE AMOUNTS EXPENDED BY COUNTY |
---|
304 | | - | DEPARTMENTS FOR KINSHIP FOSTER CARE AND NON |
---|
305 | | - | -CERTIFIED KINSHIP CARE |
---|
306 | | - | DAILY RATES TO SUPPORT FINANCIAL ASSISTANCE |
---|
307 | | - | . THE KINSHIP FOSTER CARE |
---|
308 | | - | RATE AND NON |
---|
309 | | - | -CERTIFIED KINSHIP CARE RATE ARE EXEMPT FROM THE |
---|
310 | | - | CLOSE |
---|
311 | | - | -OUT PROCESS DESCRIBED IN SECTION 26-5-104 (3). |
---|
312 | | - | (b) F |
---|
313 | | - | OR STATE FISCAL YEARS 2024-25 AND 2025-26, THE GENERAL |
---|
314 | | - | ASSEMBLY MAY APPROPRIATE MONEY FROM THE |
---|
315 | | - | COLORADO LONG-TERM |
---|
316 | | - | WORKS RESERVE |
---|
317 | | - | , CREATED IN SECTION 26-2-721, FOR THE PURPOSES OF |
---|
318 | | - | PROVIDING THE FUNDING REQUIRED BY SUBSECTION |
---|
319 | | - | (2) OF THIS SECTION. |
---|
| 367 | + | HE STATE DEPARTMENT, A COUNTY DEPARTMENT, OR A CHILD18 |
---|
| 368 | + | PLACEMENT AGENCY MAY REVOKE A KINSHIP FOSTER CARE HOME 'S19 |
---|
| 369 | + | CERTIFICATION IN ACCORDANCE WITH SECTION 26-6-913.20 |
---|
| 370 | + | (2) KINSHIP FOSTER CARE HOMES ARE ELIGIBLE FOR FINANCIAL21 |
---|
| 371 | + | REIMBURSEMENT AND SUPPORTS AT THE SAME RATE AS FOSTER CARE22 |
---|
| 372 | + | HOMES, AS ESTABLISHED IN RULES PROMULGATED BY THE STATE BOARD23 |
---|
| 373 | + | OF HUMAN SERVICES. NON-CERTIFIED KINSHIP CARE HOMES ARE ELIGIBLE24 |
---|
| 374 | + | FOR FINANCIAL ASSISTANCE AND SUPPORTS AT THIRTY PERCENT OF THE25 |
---|
| 375 | + | FOSTER CARE RATE, BASED ON THE AGE OF THE CHILD OR YOUTH26 |
---|
| 376 | + | RECEIVING CARE. BEGINNING IN STATE FISCAL YEAR 2026-27,27 |
---|
| 377 | + | 008 |
---|
| 378 | + | -10- NON-CERTIFIED KINSHIP CARE HOMES ARE ELIGIBLE FOR FINANCIAL1 |
---|
| 379 | + | ASSISTANCE AND SUPPORT AT FIFTY PERCENT OF THE FOSTER CARE RATE,2 |
---|
| 380 | + | BASED ON THE AGE OF THE CHILD OR YOUTH RECEIVING CARE. FUNDING TO3 |
---|
| 381 | + | COVER FINANCIAL ASSISTANCE AND SUPPORTS COMES FROM THE REVENUE4 |
---|
| 382 | + | STREAM IDENTIFIED IN SUBSECTION (3) OF THIS SECTION. 5 |
---|
| 383 | + | (3) (a) THE STATE DEPARTMENT SHALL REIMBURSE THE COUNTY6 |
---|
| 384 | + | DEPARTMENTS NINETY PERCENT OF THE AMOUNTS EXPENDED BY COUNTY7 |
---|
| 385 | + | DEPARTMENTS FOR KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP8 |
---|
| 386 | + | CARE DAILY RATES TO SUPPORT FINANCIAL ASSISTANCE . THE KINSHIP9 |
---|
| 387 | + | FOSTER CARE RATE AND NON-CERTIFIED KINSHIP CARE RATE ARE EXEMPT10 |
---|
| 388 | + | FROM THE CLOSE-OUT PROCESS DESCRIBED IN SECTION 26-5-104 (3).11 |
---|
| 389 | + | (b) FOR STATE FISCAL YEARS 2024-25 AND 2025-26, THE GENERAL12 |
---|
| 390 | + | ASSEMBLY MAY APPROPRIATE MONEY FROM THE COLORADO LONG-TERM13 |
---|
| 391 | + | WORKS RESERVE, CREATED IN SECTION 26-2-721, FOR THE PURPOSES OF14 |
---|
| 392 | + | PROVIDING THE FUNDING REQUIRED BY SUBSECTION (2) OF THIS SECTION.15 |
---|
410 | | - | OR KINSHIP FOSTER CARE HOME if the person holds a certificate |
---|
411 | | - | issued pursuant to section 26-6-910 to operate the home from a county |
---|
412 | | - | department or a child placement agency licensed under the provisions of |
---|
413 | | - | this part 9. A certificate is considered a license for the purpose of this part |
---|
414 | | - | 9, including but not limited to the investigation and criminal history |
---|
415 | | - | background checks required under sections 26-6-910 and 26-6-912. |
---|
416 | | - | (c) (I) On and after July 1, 2002, and contingent upon the timelines |
---|
417 | | - | for implementation of the computer "trails" enhancements, child placement |
---|
418 | | - | agencies that certify foster care homes |
---|
419 | | - | AND KINSHIP FOSTER CARE HOMES |
---|
420 | | - | must be licensed annually until the implementation of any risk-based |
---|
421 | | - | schedule for the renewal of child placement agency licenses pursuant to |
---|
422 | | - | subsection (1)(c)(II) of this section. The state board shall promulgate rules |
---|
423 | | - | specifying the procedural requirements associated with the renewal of child |
---|
424 | | - | placement agency licenses. The rules must include the requirement that the |
---|
425 | | - | state department conduct assessments of the child placement agency. |
---|
426 | | - | (II) (A) On and after January 1, 2004, and upon the functionality of |
---|
427 | | - | the computer "trails" enhancements, the state department may implement |
---|
428 | | - | PAGE 9-SENATE BILL 24-008 a schedule for relicensing of child placement agencies that certify foster |
---|
429 | | - | care homes |
---|
430 | | - | AND KINSHIP FOSTER CARE HOMES that is based on risk factors |
---|
431 | | - | such that child placement agencies with low risk factors must |
---|
432 | | - | renew their |
---|
433 | | - | licenses less frequently than child placement agencies with higher risk |
---|
434 | | - | factors. |
---|
435 | | - | (B) Prior to January 1, 2004, and contingent upon the timelines for |
---|
436 | | - | implementation of the computer "trails" enhancements, the state department |
---|
437 | | - | shall create classifications of child placement agency licenses that certify |
---|
438 | | - | foster care homes |
---|
439 | | - | AND KINSHIP FOSTER CARE HOMES that are based on risk |
---|
440 | | - | factors as those factors are established by rule of the state board. |
---|
441 | | - | (6) The state board of human services shall establish rules for the |
---|
| 470 | + | OR KINSHIP FOSTER CARE HOME if the person holds a certificate19 |
---|
| 471 | + | issued pursuant to section 26-6-910 to operate the home from a county20 |
---|
| 472 | + | department or a child placement agency licensed under the provisions of21 |
---|
| 473 | + | this part 9. A certificate is considered a license for the purpose of this part22 |
---|
| 474 | + | 9, including but not limited to the investigation and criminal history23 |
---|
| 475 | + | background checks required under sections 26-6-910 and 26-6-912.24 |
---|
| 476 | + | (c) (I) On and after July 1, 2002, and contingent upon the25 |
---|
| 477 | + | timelines for implementation of the computer "trails" enhancements, child26 |
---|
| 478 | + | placement agencies that certify foster care homes |
---|
| 479 | + | AND KINSHIP FOSTER27 |
---|
| 480 | + | 008 |
---|
| 481 | + | -13- CARE HOMES must be licensed annually until the implementation of any1 |
---|
| 482 | + | risk-based schedule for the renewal of child placement agency licenses2 |
---|
| 483 | + | pursuant to subsection (1)(c)(II) of this section. The state board shall3 |
---|
| 484 | + | promulgate rules specifying the procedural requirements associated with4 |
---|
| 485 | + | the renewal of child placement agency licenses. The rules must include5 |
---|
| 486 | + | the requirement that the state department conduct assessments of the child6 |
---|
| 487 | + | placement agency.7 |
---|
| 488 | + | (II) (A) On and after January 1, 2004, and upon the functionality8 |
---|
| 489 | + | of the computer "trails" enhancements, the state department may9 |
---|
| 490 | + | implement a schedule for relicensing of child placement agencies that10 |
---|
| 491 | + | certify foster care homes |
---|
| 492 | + | AND KINSHIP FOSTER CARE HOMES that is based11 |
---|
| 493 | + | on risk factors such that child placement agencies with low risk factors12 |
---|
| 494 | + | must |
---|
| 495 | + | renew their licenses less frequently than child placement agencies13 |
---|
| 496 | + | with higher risk factors.14 |
---|
| 497 | + | (B) Prior to January 1, 2004, and contingent upon the timelines for15 |
---|
| 498 | + | implementation of the computer "trails" enhancements, the state16 |
---|
| 499 | + | department shall create classifications of child placement agency licenses17 |
---|
| 500 | + | that certify foster care homes |
---|
| 501 | + | AND KINSHIP FOSTER CARE HOMES that are18 |
---|
| 502 | + | based on risk factors as those factors are established by rule of the state19 |
---|
| 503 | + | board.20 |
---|
| 504 | + | (6) The state board of human services shall establish rules for the21 |
---|
443 | | - | KINSHIP FOSTER CARE HOMES, and child care |
---|
444 | | - | centers that provide twenty-four-hour care of children between eighteen and |
---|
445 | | - | twenty-one years of age for whom the county department is financially |
---|
446 | | - | responsible and when placed in foster care |
---|
447 | | - | OR KINSHIP FOSTER CARE by the |
---|
448 | | - | county department. |
---|
449 | | - | SECTION 10. In Colorado Revised Statutes, 26-6-908, amend |
---|
450 | | - | (1)(a)(I), (2), and (3) as follows: |
---|
451 | | - | 26-6-908. Application forms - criminal sanctions for perjury. |
---|
452 | | - | (1) (a) (I) All applications for the licensure of a child placement agency or |
---|
453 | | - | a residential or day treatment child care facility or the certification of a |
---|
| 506 | + | KINSHIP FOSTER CARE HOMES, and child22 |
---|
| 507 | + | care centers that provide twenty-four-hour care of children between23 |
---|
| 508 | + | eighteen and twenty-one years of age for whom the county department is24 |
---|
| 509 | + | financially responsible and when placed in foster care |
---|
| 510 | + | OR KINSHIP FOSTER25 |
---|
| 511 | + | CARE by the county department.26 |
---|
| 512 | + | SECTION 10. |
---|
| 513 | + | In Colorado Revised Statutes, 26-6-908, amend27 |
---|
| 514 | + | 008 |
---|
| 515 | + | -14- (1)(a)(I), (2), and (3) as follows:1 |
---|
| 516 | + | 26-6-908. Application forms - criminal sanctions for perjury.2 |
---|
| 517 | + | (1) (a) (I) All applications for the licensure of a child placement agency3 |
---|
| 518 | + | or a residential or day treatment child care facility or the certification of4 |
---|
| 519 | + | a foster care home |
---|
| 520 | + | OR KINSHIP FOSTER CARE HOME pursuant to this part 95 |
---|
| 521 | + | must include the notice to the applicant that is |
---|
| 522 | + | set forth in subsection6 |
---|
| 523 | + | (1)(b) of this section.7 |
---|
| 524 | + | (2) A person applying for the licensure of a facility or agency or8 |
---|
| 525 | + | the certification of a foster care home |
---|
| 526 | + | OR KINSHIP FOSTER CARE HOME9 |
---|
| 527 | + | pursuant to this part 9, or a person applying to work at a facility or agency10 |
---|
| 528 | + | as an employee, who knowingly or willfully makes a false statement of11 |
---|
| 529 | + | any material fact or thing in the application commits perjury in the second12 |
---|
| 530 | + | degree as defined in section 18-8-503 and, upon conviction, thereof, |
---|
| 531 | + | shall13 |
---|
| 532 | + | be punished accordingly.14 |
---|
| 533 | + | (3) Every application for certification or licensure OR15 |
---|
| 534 | + | CERTIFICATION as a foster care home OR KINSHIP FOSTER CARE HOME must16 |
---|
| 535 | + | provide notice to the applicant that the applicant may be subject to17 |
---|
| 536 | + | immediate revocation of certification or licensure OR CERTIFICATION or18 |
---|
| 537 | + | other negative licensing action as set forth in this section (3) and section19 |
---|
| 538 | + | 26-6-913 and as described by rule of the state board.20 |
---|
| 539 | + | SECTION 11. In Colorado Revised Statutes, 26-6-909, amend21 |
---|
| 540 | + | (7)(b); and add (2.5) as follows:22 |
---|
| 541 | + | 26-6-909. Standards for facilities and agencies - rules.23 |
---|
| 542 | + | (2.5) K |
---|
| 543 | + | INSHIP FOSTER CARE HOMES ARE EXEMPT FROM THE MINIMUM24 |
---|
| 544 | + | STANDARDS SET FORTH IN THIS SECTION . TRAINING STANDARDS FOR25 |
---|
| 545 | + | KINSHIP FOSTER CARE HOMES ARE ESTABLISHED PURSUANT TO SECTION26 |
---|
| 546 | + | 19-7-104 |
---|
| 547 | + | (4).27 |
---|
| 548 | + | 008 |
---|
| 549 | + | -15- (7) (b) In addition to an approved waiver of non-safety licensing1 |
---|
| 550 | + | standards, A county director of human or social services, or the county2 |
---|
| 551 | + | director's designee, may limit or restrict a license CERTIFICATION issued3 |
---|
| 552 | + | to a kinship foster care entity HOME or require that entity THE KINSHIP4 |
---|
| 553 | + | FOSTER CARE HOME to enter into a compliance agreement to ensure the5 |
---|
| 554 | + | safety and well-being of the child or children in that entity's THE KINSHIP6 |
---|
| 555 | + | FOSTER HOME'S care.7 |
---|
| 556 | + | SECTION 12. In Colorado Revised Statutes, 26-6-910, amend8 |
---|
| 557 | + | (2), (3), (5) introductory portion, (6) introductory portion, (9), (10), and9 |
---|
| 558 | + | (11); and add (5.5), (12), and (13) as follows:10 |
---|
| 559 | + | 26-6-910. Certification and annual recertification of foster11 |
---|
| 560 | + | care homes and kinship foster care homes by county departments12 |
---|
| 561 | + | and licensed child placement agencies - background and reference13 |
---|
| 562 | + | check requirements - rules - definition. (2) A person operating a foster14 |
---|
| 563 | + | care home |
---|
| 564 | + | OR KINSHIP FOSTER CARE HOME shall obtain a certificate to15 |
---|
| 565 | + | operate the home from a county department or a child placement agency16 |
---|
| 566 | + | licensed pursuant to the provisions of |
---|
| 567 | + | this part 9. A certificate is17 |
---|
| 568 | + | considered a license for the purpose of this part 9, including but not18 |
---|
| 569 | + | limited to the investigation and criminal history background checks19 |
---|
| 570 | + | required pursuant to this section and section 26-6-912. Each certificate20 |
---|
| 571 | + | must be in the form prescribed and provided by the state department,21 |
---|
| 572 | + | certify that the person operating the foster care home is a suitable person22 |
---|
| 573 | + | to operate a foster care home |
---|
| 574 | + | OR KINSHIP FOSTER CARE HOME or provide23 |
---|
| 575 | + | care for a child, and contain any other information that the state24 |
---|
| 576 | + | department requires. A child placement agency issuing or renewing any25 |
---|
| 577 | + | such certificate shall notify the state department about the certification in26 |
---|
| 578 | + | a method and time frame as set by rule adopted by the state board.27 |
---|
| 579 | + | 008 |
---|
| 580 | + | -16- (3) A foster care home OR KINSHIP FOSTER CARE HOME , when1 |
---|
| 581 | + | certified by a county department or licensed child placement agency, may2 |
---|
| 582 | + | receive for care a child from a source other than the certifying county3 |
---|
| 583 | + | department or child placement agency upon the written consent and4 |
---|
| 584 | + | approval of the certifying county department or child placement agency.5 |
---|
| 585 | + | (5) Prior to issuing a certificate or a recertification to an applicant6 |
---|
| 586 | + | to operate a foster care home |
---|
| 587 | + | OR KINSHIP FOSTER CARE HOME, a county7 |
---|
| 588 | + | department or a child placement agency licensed pursuant to the8 |
---|
| 589 | + | provisions of this part 9 shall conduct the following background checks9 |
---|
| 590 | + | for the applicant for a certificate, a person employed by the applicant, or10 |
---|
| 591 | + | a person who resides at the facility or the home:11 |
---|
| 592 | + | (5.5) P |
---|
| 593 | + | RIOR TO ISSUING A CERTIFICATE OR SUBSEQUENT12 |
---|
| 594 | + | CERTIFICATE TO AN APPLICANT TO OPERATE A KINSHIP FOSTER CARE HOME13 |
---|
| 595 | + | PURSUANT TO THIS PART 9 AND RULES PROMULGATED BY THE STATE14 |
---|
| 596 | + | BOARD, A COUNTY DEPARTMENT OR A CHILD PLACEMENT AGENCY SHALL15 |
---|
| 597 | + | CONDUCT A FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK16 |
---|
| 598 | + | THROUGH THE COLORADO BUREAU OF INVESTIGATION PURSUANT TO17 |
---|
| 599 | + | SECTION 19-3-406 OR 26-6-910. |
---|
| 600 | + | THE APPLICANT SHALL PAY, UNLESS18 |
---|
| 601 | + | OTHERWISE PAID BY A COUNTY DEPARTMENT , THE COSTS ASSOCIATED19 |
---|
| 602 | + | WITH THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO THE20 |
---|
| 603 | + | C |
---|
| 604 | + | OLORADO BUREAU OF INVESTIGATION .21 |
---|
| 605 | + | (6) A county department or a child placement agency licensed22 |
---|
| 606 | + | pursuant to the provisions of |
---|
| 607 | + | this part 9 shall not issue a certificate to23 |
---|
| 608 | + | operate, or a recertification to operate, a foster care home |
---|
| 609 | + | OR KINSHIP24 |
---|
| 610 | + | FOSTER CARE HOME and shall revoke or suspend a certificate if the25 |
---|
| 611 | + | applicant for the certificate, a person employed by the applicant, or a26 |
---|
| 612 | + | person who resides at the facility or home:27 |
---|
| 613 | + | 008 |
---|
| 614 | + | -17- (9) Notwithstanding any other provision of this part 9, a person1 |
---|
| 615 | + | shall not operate a foster care home |
---|
| 616 | + | OR KINSHIP FOSTER CARE HOME that2 |
---|
| 617 | + | is certified by a county department or by a licensed child placement3 |
---|
| 618 | + | agency if the person is a relative of an employee of the child welfare4 |
---|
| 619 | + | division or unit of the county department certifying the foster care home5 |
---|
| 620 | + | OR KINSHIP FOSTER CARE HOME or a relative of an owner, officer,6 |
---|
| 621 | + | executive, member of the governing board, or employee of the child7 |
---|
| 622 | + | placement agency certifying the foster care home |
---|
| 623 | + | OR KINSHIP FOSTER8 |
---|
| 624 | + | CARE HOME. If the person files an application with a county department9 |
---|
| 625 | + | or a child placement agency that would violate the provisions of |
---|
| 626 | + | this10 |
---|
| 627 | + | subsection (9) by certifying the foster care home |
---|
| 628 | + | OR KINSHIP FOSTER CARE11 |
---|
| 629 | + | HOME, the county department or child placement agency shall refer the12 |
---|
| 630 | + | application to another county department or child placement agency.13 |
---|
| 631 | + | Unless otherwise prohibited, the county department or child placement14 |
---|
| 632 | + | agency to which the application is referred may certify and supervise a15 |
---|
455 | | - | OR KINSHIP FOSTER CARE HOME pursuant to this part 9 must |
---|
456 | | - | include the notice to the applicant that is |
---|
457 | | - | set forth in subsection (1)(b) of |
---|
458 | | - | this section. |
---|
459 | | - | (2) A person applying for the licensure of a facility or agency or the |
---|
460 | | - | certification of a foster care home |
---|
461 | | - | OR KINSHIP FOSTER CARE HOME pursuant |
---|
462 | | - | to this part 9, or a person applying to work at a facility or agency as an |
---|
463 | | - | employee, who knowingly or willfully makes a false statement of any |
---|
464 | | - | material fact or thing in the application commits perjury in the second |
---|
465 | | - | degree as defined in section 18-8-503 and, upon conviction, thereof, |
---|
466 | | - | shall |
---|
467 | | - | be punished accordingly. |
---|
468 | | - | (3) Every application for certification or licensure OR CERTIFICATION |
---|
469 | | - | as a foster care home OR KINSHIP FOSTER CARE HOME must provide notice |
---|
470 | | - | to the applicant that the applicant may be subject to immediate revocation |
---|
471 | | - | PAGE 10-SENATE BILL 24-008 of certification or licensure OR CERTIFICATION or other negative licensing |
---|
472 | | - | action as set forth in this section (3) and section 26-6-913 and as described |
---|
473 | | - | by rule of the state board. |
---|
474 | | - | SECTION 11. In Colorado Revised Statutes, 26-6-909, amend |
---|
475 | | - | (7)(b); and add (2.5) as follows: |
---|
476 | | - | 26-6-909. Standards for facilities and agencies - rules. |
---|
477 | | - | (2.5) K |
---|
478 | | - | INSHIP FOSTER CARE HOMES ARE EXEMPT FROM THE MINIMUM |
---|
479 | | - | STANDARDS SET FORTH IN THIS SECTION |
---|
480 | | - | . TRAINING STANDARDS FOR KINSHIP |
---|
481 | | - | FOSTER CARE HOMES ARE ESTABLISHED PURSUANT TO SECTION |
---|
482 | | - | 19-7-104 (4). |
---|
483 | | - | (7) (b) In addition to an approved waiver of non-safety licensing |
---|
484 | | - | standards, A county director of human or social services, or the county |
---|
485 | | - | director's designee, may limit or restrict a license CERTIFICATION issued to |
---|
486 | | - | a kinship foster care entity HOME or require that entity THE KINSHIP FOSTER |
---|
487 | | - | CARE HOME |
---|
488 | | - | to enter into a compliance agreement to ensure the safety and |
---|
489 | | - | well-being of the child or children in that entity's |
---|
490 | | - | THE KINSHIP FOSTER |
---|
| 634 | + | OR KINSHIP FOSTER CARE HOME operated by the person.16 |
---|
| 635 | + | The county department that referred the application may place a child in17 |
---|
| 636 | + | the county-certified foster care home |
---|
| 637 | + | OR KINSHIP FOSTER CARE HOME18 |
---|
| 638 | + | upon written agreement of the two county departments.19 |
---|
| 639 | + | (10) Notwithstanding any other provision of this part 9, an owner,20 |
---|
| 640 | + | officer, executive, member of the governing board, or employee of a child21 |
---|
| 641 | + | placement agency licensed pursuant to this part 9 or a relative of said22 |
---|
| 642 | + | owner, officer, executive, member, or employee, shall not hold a23 |
---|
| 643 | + | beneficial interest in property operated or intended to be operated as a24 |
---|
| 644 | + | foster care home |
---|
| 645 | + | OR KINSHIP FOSTER CARE HOME, when the property is25 |
---|
| 646 | + | certified by the child placement agency as a foster care home |
---|
| 647 | + | OR KINSHIP26 |
---|
| 648 | + | FOSTER CARE HOME.27 |
---|
| 649 | + | 008 |
---|
| 650 | + | -18- (11) A county department or licensed child placement agency may1 |
---|
| 651 | + | issue a one-time provisional certificate for a period of six months to an2 |
---|
| 652 | + | applicant for an original certificate that permits the applicant to operate3 |
---|
| 653 | + | a foster care home |
---|
| 654 | + | OR KINSHIP FOSTER CARE HOME if the applicant is4 |
---|
| 655 | + | temporarily unable to conform to all of the standards required under |
---|
| 656 | + | 5 |
---|
| 657 | + | PURSUANT TO this part 9 upon proof by the applicant that the applicant is6 |
---|
| 658 | + | attempting to conform to the standards or to comply with any other7 |
---|
| 659 | + | requirements. The applicant has a right to appeal to the state department8 |
---|
| 660 | + | any standard that the applicant believes presents an undue hardship or has9 |
---|
| 661 | + | been applied too stringently by the county department or licensed child10 |
---|
| 662 | + | placement agency. Upon the filing of an appeal, the state department shall11 |
---|
| 663 | + | proceed in the manner prescribed for licensee appeals in section 26-6-90912 |
---|
| 664 | + | (4).13 |
---|
| 665 | + | (12) A |
---|
| 666 | + | COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY14 |
---|
| 667 | + | SHALL ISSUE A ONE-TIME PROVISIONAL CERTIFICATE AT A LOCATION FOR15 |
---|
| 668 | + | A KINSHIP FOSTER CARE HOME FOR A PERIOD OF SIX MONTHS UPON THE16 |
---|
| 669 | + | APPLICANT'S REQUEST AND THE SUCCESSFUL COMPLETION OF A17 |
---|
| 670 | + | FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE ONE-TIME18 |
---|
| 671 | + | PROVISIONAL CERTIFICATE PERMITS THE APPLICANT TO OPERATE THE19 |
---|
| 672 | + | KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE20 |
---|
| 673 | + | TO CONFORM TO ALL REQUIRED STANDARDS . THIS IS AN EXCEPTION TO21 |
---|
| 674 | + | SUBSECTION (11) OF THIS SECTION, WHICH ALLOWS THE USE OF22 |
---|
| 675 | + | PROVISIONAL CERTIFICATES . THE STATE DEPARTMENT SHALL23 |
---|
| 676 | + | PROMULGATE RULES FOR THE OPERATION OF THIS SUBSECTION (12).24 |
---|
| 677 | + | (13) T |
---|
| 678 | + | HE STATE BOARD SHALL PROMULGATE RULES TO MODIFY |
---|
| 679 | + | 25 |
---|
| 680 | + | THE STANDARDS FOR KINSHIP FOSTER CARE HOMES TO REMOVE26 |
---|
| 681 | + | NON-SAFETY STANDARDS, IN ACCORDANCE WITH STATE OR FEDERAL LAW .27 |
---|
| 682 | + | 008 |
---|
| 683 | + | -19- SECTION 13. In Colorado Revised Statutes, 26-6-911, amend1 |
---|
| 684 | + | (2)(a) as follows:2 |
---|
| 685 | + | 26-6-911. Foster care - kinship care - rules applying generally3 |
---|
| 686 | + | - rule-making. (2) At a minimum, the rules described in subsection (1)4 |
---|
| 687 | + | of this section must include the following:5 |
---|
| 688 | + | (a) Using the state department's automated database, the6 |
---|
| 689 | + | procedures for notifying all county departments and child placement7 |
---|
| 690 | + | agencies that place children in foster care |
---|
| 691 | + | AND KINSHIP FOSTER CARE8 |
---|
| 692 | + | when the state department has identified a confirmed report of child abuse9 |
---|
| 693 | + | or neglect, as defined in section 19-1-103, that involves a foster care10 |
---|
501 | | - | OR KINSHIP FOSTER CARE HOME shall obtain a certificate to operate the |
---|
502 | | - | home from a county department or a child placement agency licensed |
---|
503 | | - | pursuant to the provisions of |
---|
504 | | - | this part 9. A certificate is considered a license |
---|
505 | | - | for the purpose of this part 9, including but not limited to the investigation |
---|
506 | | - | and criminal history background checks required pursuant to this section |
---|
507 | | - | and section 26-6-912. Each certificate must be in the form prescribed and |
---|
508 | | - | provided by the state department, certify that the person operating the foster |
---|
509 | | - | care home is a suitable person to operate a foster care home |
---|
510 | | - | OR KINSHIP |
---|
| 705 | + | OR KINSHIP FOSTER CARE HOME shall provide the child placement18 |
---|
| 706 | + | agency or the county department from whom |
---|
| 707 | + | WHICH the certification is19 |
---|
| 708 | + | sought with a list of all the prior child placement agencies and county20 |
---|
| 709 | + | departments to which the applicant has previously applied, and a release21 |
---|
| 710 | + | of information from the child placement agencies and county departments22 |
---|
| 711 | + | to which the applicant has previously applied, to obtain information about23 |
---|
| 712 | + | the application and any certification given by the child placement24 |
---|
| 713 | + | agencies and county departments. A child placement agency or county25 |
---|
| 714 | + | department from whom WHICH the certification is sought shall conduct a26 |
---|
| 715 | + | reference check of the applicant and any adult resident of the foster care27 |
---|
| 716 | + | 008 |
---|
| 717 | + | -20- home OR KINSHIP FOSTER CARE HOME by contacting all of the child1 |
---|
| 718 | + | placement agencies and county departments identified by the applicant2 |
---|
| 719 | + | before issuing the certification for that foster care home |
---|
| 720 | + | OR KINSHIP3 |
---|
| 721 | + | FOSTER CARE HOME. Child placement agencies and county departments4 |
---|
| 722 | + | are held harmless for information released, in good faith, to other child5 |
---|
| 723 | + | placement agencies or county departments.6 |
---|
| 724 | + | (d) (I) When the state department, county department, or child7 |
---|
| 725 | + | placement agency is able to certify that the applicant or licensee is8 |
---|
| 726 | + | competent and will operate adequate facilities to care for children9 |
---|
| 727 | + | pursuant to the requirements of this part 9 and that standards are being10 |
---|
| 728 | + | met and will be complied with, it shall issue the license for which the11 |
---|
| 729 | + | applicant or licensee applied. The state department shall inspect or cause12 |
---|
| 730 | + | to be inspected the facilities to be operated by an applicant for an original13 |
---|
| 731 | + | license before the license is granted and shall thereafter inspect or cause14 |
---|
| 732 | + | to be inspected the facilities of all licensees that, during the period of15 |
---|
| 733 | + | licensure, have been found to be the subject of complaints or to be out of16 |
---|
| 734 | + | compliance with the standards set forth in section 26-6-909 and the rules17 |
---|
| 735 | + | of the state department, or that otherwise appear to be placing children at18 |
---|
| 736 | + | risk. The state department may make such other inspections as it deems19 |
---|
| 737 | + | necessary to ensure that the requirements of this part 9 are being met and20 |
---|
| 738 | + | that the health, safety, and welfare of the children being placed are21 |
---|
| 739 | + | protected. If, as a result of an inspection of a certified foster care home |
---|
| 740 | + | OR22 |
---|
| 741 | + | KINSHIP FOSTER CARE HOME, the state department determines that a child23 |
---|
| 742 | + | residing in the foster care home |
---|
| 743 | + | OR KINSHIP FOSTER CARE HOME is subject24 |
---|
| 744 | + | to an immediate and direct threat to the child's safety and welfare, as25 |
---|
| 745 | + | defined by rules promulgated by the state board, or that a substantial26 |
---|
| 746 | + | violation of a fundamental standard of care warrants immediate action,27 |
---|
| 747 | + | 008 |
---|
| 748 | + | -21- the state department may require a county department to immediately1 |
---|
| 749 | + | remove the child from the foster care home |
---|
| 750 | + | OR KINSHIP FOSTER CARE2 |
---|
| 751 | + | HOME.3 |
---|
| 752 | + | (4) Within available appropriations, the state department shall4 |
---|
| 753 | + | monitor, on at least a quarterly basis, the county department certification5 |
---|
| 754 | + | of foster care homes |
---|
| 755 | + | AND KINSHIP FOSTER CARE HOMES.6 |
---|
| 756 | + | SECTION 15. |
---|
| 757 | + | In Colorado Revised Statutes, amend 26-6-913 as7 |
---|
| 758 | + | follows:8 |
---|
| 759 | + | 26-6-913. Revocation of certification of foster care home or9 |
---|
| 760 | + | kinship foster care home - emergency procedures - due process.10 |
---|
| 761 | + | Notwithstanding any other provision of law to the contrary, a county11 |
---|
| 762 | + | department may act immediately to revoke the certification of a12 |
---|
| 763 | + | county-certified foster care home |
---|
| 764 | + | OR KINSHIP FOSTER CARE HOME when13 |
---|
| 765 | + | the county department has reason to believe that a child residing in the14 |
---|
512 | | - | or provide care for a child, and contain any other |
---|
513 | | - | information that the state department requires. A child placement agency |
---|
514 | | - | issuing or renewing any such certificate shall notify the state department |
---|
515 | | - | about the certification in a method and time frame as set by rule adopted by |
---|
516 | | - | PAGE 11-SENATE BILL 24-008 the state board. |
---|
517 | | - | (3) A foster care home |
---|
518 | | - | OR KINSHIP FOSTER CARE HOME , when |
---|
519 | | - | certified by a county department or licensed child placement agency, may |
---|
520 | | - | receive for care a child from a source other than the certifying county |
---|
521 | | - | department or child placement agency upon the written consent and |
---|
522 | | - | approval of the certifying county department or child placement agency. |
---|
523 | | - | (5) Prior to issuing a certificate or a recertification to an applicant |
---|
524 | | - | to operate a foster care home |
---|
525 | | - | OR KINSHIP FOSTER CARE HOME , a county |
---|
526 | | - | department or a child placement agency licensed pursuant to the provisions |
---|
527 | | - | of this part 9 shall conduct the following background checks for the |
---|
528 | | - | applicant for a certificate, a person employed by the applicant, or a person |
---|
529 | | - | who resides at the facility or the home: |
---|
530 | | - | (5.5) P |
---|
531 | | - | RIOR TO ISSUING A CERTIFICATE OR SUBSEQUENT CERTIFICATE |
---|
532 | | - | TO AN APPLICANT TO OPERATE A KINSHIP FOSTER CARE HOME PURSUANT TO |
---|
533 | | - | THIS PART |
---|
534 | | - | 9 AND RULES PROMULGATED BY THE STATE BOARD , A COUNTY |
---|
535 | | - | DEPARTMENT OR A CHILD PLACEMENT AGENCY SHALL CONDUCT A |
---|
536 | | - | FINGERPRINT |
---|
537 | | - | -BASED CRIMINAL HISTORY RECORD CHECK THROUGH THE |
---|
538 | | - | COLORADO BUREAU OF INVESTIGATION PURSUANT TO SECTION 19-3-406 OR |
---|
539 | | - | 26-6-910. THE APPLICANT SHALL PAY , UNLESS OTHERWISE PAID BY A |
---|
540 | | - | COUNTY DEPARTMENT |
---|
541 | | - | , THE COSTS ASSOCIATED WITH THE |
---|
542 | | - | FINGERPRINT |
---|
543 | | - | -BASED CRIMINAL HISTORY RECORD CHECK TO THE COLORADO |
---|
544 | | - | BUREAU OF INVESTIGATION |
---|
545 | | - | . |
---|
546 | | - | (6) A county department or a child placement agency licensed |
---|
547 | | - | pursuant to the provisions of |
---|
548 | | - | this part 9 shall not issue a certificate to |
---|
549 | | - | operate, or a recertification to operate, a foster care home |
---|
550 | | - | OR KINSHIP |
---|
551 | | - | FOSTER CARE HOME |
---|
552 | | - | and shall revoke or suspend a certificate if the applicant |
---|
553 | | - | for the certificate, a person employed by the applicant, or a person who |
---|
554 | | - | resides at the facility or home: |
---|
555 | | - | (9) Notwithstanding any other provision of this part 9, a person shall |
---|
556 | | - | not operate a foster care home |
---|
557 | | - | OR KINSHIP FOSTER CARE HOME that is |
---|
558 | | - | certified by a county department or by a licensed child placement agency if |
---|
559 | | - | the person is a relative of an employee of the child welfare division or unit |
---|
560 | | - | of the county department certifying the foster care home |
---|
561 | | - | OR KINSHIP FOSTER |
---|
562 | | - | CARE HOME |
---|
563 | | - | or a relative of an owner, officer, executive, member of the |
---|
564 | | - | governing board, or employee of the child placement agency certifying the |
---|
565 | | - | PAGE 12-SENATE BILL 24-008 foster care home OR KINSHIP FOSTER CARE HOME . If the person files an |
---|
566 | | - | application with a county department or a child placement agency that |
---|
567 | | - | would violate the provisions of |
---|
568 | | - | this subsection (9) by certifying the foster |
---|
569 | | - | care home |
---|
570 | | - | OR KINSHIP FOSTER CARE HOME, the county department or child |
---|
571 | | - | placement agency shall refer the application to another county department |
---|
572 | | - | or child placement agency. Unless otherwise prohibited, the county |
---|
573 | | - | department or child placement agency to which the application is referred |
---|
574 | | - | may certify and supervise a foster care home |
---|
575 | | - | OR KINSHIP FOSTER CARE HOME |
---|
576 | | - | operated by the person. The county department that referred the application |
---|
577 | | - | may place a child in the county-certified foster care home |
---|
578 | | - | OR KINSHIP |
---|
579 | | - | FOSTER CARE HOME |
---|
580 | | - | upon written agreement of the two county departments. |
---|
581 | | - | (10) Notwithstanding any other provision of this part 9, an owner, |
---|
582 | | - | officer, executive, member of the governing board, or employee of a child |
---|
583 | | - | placement agency licensed pursuant to this part 9 or a relative of said |
---|
584 | | - | owner, officer, executive, member, or employee, shall not hold a beneficial |
---|
585 | | - | interest in property operated or intended to be operated as a foster care |
---|
586 | | - | home |
---|
587 | | - | OR KINSHIP FOSTER CARE HOME, when the property is certified by the |
---|
588 | | - | child placement agency as a foster care home |
---|
589 | | - | OR KINSHIP FOSTER CARE |
---|
590 | | - | HOME |
---|
591 | | - | . |
---|
592 | | - | (11) A county department or licensed child placement agency may |
---|
593 | | - | issue a one-time provisional certificate for a period of six months to an |
---|
594 | | - | applicant for an original certificate that permits the applicant to operate a |
---|
595 | | - | foster care home |
---|
596 | | - | OR KINSHIP FOSTER CARE HOME if the applicant is |
---|
597 | | - | temporarily unable to conform to all of the standards required underPURSUANT TO this part 9 upon proof by the applicant that the applicant is |
---|
598 | | - | attempting to conform to the standards or to comply with any other |
---|
599 | | - | requirements. The applicant has a right to appeal to the state department any |
---|
600 | | - | standard that the applicant believes presents an undue hardship or has been |
---|
601 | | - | applied too stringently by the county department or licensed child placement |
---|
602 | | - | agency. Upon the filing of an appeal, the state department shall proceed in |
---|
603 | | - | the manner prescribed for licensee appeals in section 26-6-909 (4). |
---|
604 | | - | (12) A |
---|
605 | | - | COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY SHALL |
---|
606 | | - | ISSUE A ONE |
---|
607 | | - | -TIME PROVISIONAL CERTIFICATE AT A LOCATION FOR A KINSHIP |
---|
608 | | - | FOSTER CARE HOME FOR A PERIOD OF SIX MONTHS UPON THE APPLICANT |
---|
609 | | - | 'S |
---|
610 | | - | REQUEST AND THE SUCCESSFUL COMPLETION OF A FINGERPRINT |
---|
611 | | - | -BASED |
---|
612 | | - | CRIMINAL HISTORY RECORD CHECK |
---|
613 | | - | . THE ONE-TIME PROVISIONAL |
---|
614 | | - | CERTIFICATE PERMITS THE APPLICANT TO OPERATE THE KINSHIP FOSTER |
---|
615 | | - | PAGE 13-SENATE BILL 24-008 CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE TO CONFORM TO ALL |
---|
616 | | - | REQUIRED STANDARDS |
---|
617 | | - | . THIS IS AN EXCEPTION TO SUBSECTION (11) OF THIS |
---|
618 | | - | SECTION |
---|
619 | | - | , WHICH ALLOWS THE USE OF PROVISIONAL CERTIFICATES . THE |
---|
620 | | - | STATE DEPARTMENT SHALL PROMULGATE RULES FOR THE OPERATION OF THIS |
---|
621 | | - | SUBSECTION |
---|
622 | | - | (12). |
---|
623 | | - | (13) T |
---|
624 | | - | HE STATE BOARD SHALL PROMULGATE RULES TO MODIFY THE |
---|
625 | | - | STANDARDS FOR KINSHIP FOSTER CARE HOMES TO REMOVE NON |
---|
626 | | - | -SAFETY |
---|
627 | | - | STANDARDS |
---|
628 | | - | , IN ACCORDANCE WITH STATE OR FEDERAL LAW . |
---|
629 | | - | SECTION 13. In Colorado Revised Statutes, 26-6-911, amend |
---|
630 | | - | (2)(a) as follows: |
---|
631 | | - | 26-6-911. Foster care - kinship care - rules applying generally |
---|
632 | | - | - rule-making. (2) At a minimum, the rules described in subsection (1) of |
---|
633 | | - | this section must include the following: |
---|
634 | | - | (a) Using the state department's automated database, the procedures |
---|
635 | | - | for notifying all county departments and child placement agencies that place |
---|
636 | | - | children in foster care |
---|
637 | | - | AND KINSHIP FOSTER CARE when the state department |
---|
638 | | - | has identified a confirmed report of child abuse or neglect, as defined in |
---|
639 | | - | section 19-1-103, that involves a foster care home |
---|
640 | | - | OR KINSHIP FOSTER CARE |
---|
641 | | - | HOME |
---|
642 | | - | , as well as the suspension of any further placements in the foster care |
---|
643 | | - | home |
---|
644 | | - | OR KINSHIP FOSTER CARE HOME until the investigation is concluded; |
---|
645 | | - | SECTION 14. In Colorado Revised Statutes, 26-6-912, amend |
---|
646 | | - | (1)(b), (1)(d)(I), and (4) as follows: |
---|
647 | | - | 26-6-912. Investigations and inspections - local authority - |
---|
648 | | - | reports - rules. (1) (b) An applicant for certification as a foster care home |
---|
649 | | - | OR KINSHIP FOSTER CARE HOME shall provide the child placement agency or |
---|
650 | | - | the county department from whom |
---|
651 | | - | WHICH the certification is sought with a |
---|
652 | | - | list of all the prior child placement agencies and county departments to |
---|
653 | | - | which the applicant has previously applied, and a release of information |
---|
654 | | - | from the child placement agencies and county departments to which the |
---|
655 | | - | applicant has previously applied, to obtain information about the application |
---|
656 | | - | and any certification given by the child placement agencies and county |
---|
657 | | - | departments. A child placement agency or county department from whom |
---|
658 | | - | WHICH the certification is sought shall conduct a reference check of the |
---|
659 | | - | applicant and any adult resident of the foster care home |
---|
660 | | - | OR KINSHIP FOSTER |
---|
661 | | - | PAGE 14-SENATE BILL 24-008 CARE HOME by contacting all of the child placement agencies and county |
---|
662 | | - | departments identified by the applicant before issuing the certification for |
---|
663 | | - | that foster care home |
---|
664 | | - | OR KINSHIP FOSTER CARE HOME . Child placement |
---|
665 | | - | agencies and county departments are held harmless for information |
---|
666 | | - | released, in good faith, to other child placement agencies or county |
---|
667 | | - | departments. |
---|
668 | | - | (d) (I) When the state department, county department, or child |
---|
669 | | - | placement agency is able to certify that the applicant or licensee is |
---|
670 | | - | competent and will operate adequate facilities to care for children pursuant |
---|
671 | | - | to the requirements of this part 9 and that standards are being met and will |
---|
672 | | - | be complied with, it shall issue the license for which the applicant or |
---|
673 | | - | licensee applied. The state department shall inspect or cause to be inspected |
---|
674 | | - | the facilities to be operated by an applicant for an original license before the |
---|
675 | | - | license is granted and shall thereafter inspect or cause to be inspected the |
---|
676 | | - | facilities of all licensees that, during the period of licensure, have been |
---|
677 | | - | found to be the subject of complaints or to be out of compliance with the |
---|
678 | | - | standards set forth in section 26-6-909 and the rules of the state department, |
---|
679 | | - | or that otherwise appear to be placing children at risk. The state department |
---|
680 | | - | may make such other inspections as it deems necessary to ensure that the |
---|
681 | | - | requirements of this part 9 are being met and that the health, safety, and |
---|
682 | | - | welfare of the children being placed are protected. If, as a result of an |
---|
683 | | - | inspection of a certified foster care home |
---|
684 | | - | OR KINSHIP FOSTER CARE HOME, |
---|
685 | | - | the state department determines that a child residing in the foster care home |
---|
686 | | - | OR KINSHIP FOSTER CARE HOME is subject to an immediate and direct threat |
---|
687 | | - | to the child's safety and welfare, as defined by rules promulgated by the |
---|
688 | | - | state board, or that a substantial violation of a fundamental standard of care |
---|
689 | | - | warrants immediate action, the state department may require a county |
---|
690 | | - | department to immediately remove the child from the foster care home |
---|
691 | | - | OR |
---|
692 | | - | KINSHIP FOSTER CARE HOME |
---|
693 | | - | . |
---|
694 | | - | (4) Within available appropriations, the state department shall |
---|
695 | | - | monitor, on at least a quarterly basis, the county department certification of |
---|
696 | | - | foster care homes |
---|
697 | | - | AND KINSHIP FOSTER CARE HOMES. |
---|
698 | | - | SECTION 15. In Colorado Revised Statutes, amend 26-6-913 as |
---|
699 | | - | follows: |
---|
700 | | - | 26-6-913. Revocation of certification of foster care home or |
---|
701 | | - | kinship foster care home - emergency procedures - due process. |
---|
702 | | - | PAGE 15-SENATE BILL 24-008 Notwithstanding any other provision of law to the contrary, a county |
---|
703 | | - | department may act immediately to revoke the certification of a |
---|
704 | | - | county-certified foster care home |
---|
705 | | - | OR KINSHIP FOSTER CARE HOME when the |
---|
706 | | - | county department has reason to believe that a child residing in the foster |
---|
707 | | - | care home |
---|
708 | | - | OR KINSHIP FOSTER CARE HOME is subject to an immediate and |
---|
709 | | - | direct threat to the child's safety and welfare or when a substantial violation |
---|
710 | | - | of a fundamental standard of care warrants immediate action. If the county |
---|
711 | | - | department acts pursuant to this section, a due process hearing shall be held |
---|
712 | | - | within five days after the action and conducted as the hearing would |
---|
713 | | - | normally be conducted pursuant to article 4 of title 24. |
---|
714 | | - | SECTION 16. In Colorado Revised Statutes, amend 26-6-920 as |
---|
715 | | - | follows: |
---|
716 | | - | 26-6-920. Periodic review of licensing and certification rules and |
---|
717 | | - | procedures. At least every five years, the department shall conduct a |
---|
718 | | - | comprehensive review of the licensing |
---|
719 | | - | AND CERTIFICATION rules for foster |
---|
720 | | - | care homes, |
---|
721 | | - | KINSHIP FOSTER CARE HOMES, and child placement agencies and |
---|
722 | | - | the procedures relating to and governing foster care homes, |
---|
| 767 | + | OR KINSHIP FOSTER CARE HOME is subject to an15 |
---|
| 768 | + | immediate and direct threat to the child's safety and welfare or when a16 |
---|
| 769 | + | substantial violation of a fundamental standard of care warrants17 |
---|
| 770 | + | immediate action. If the county department acts pursuant to this section,18 |
---|
| 771 | + | a due process hearing shall be held within five days after the action and19 |
---|
| 772 | + | conducted as the hearing would normally be conducted pursuant to article20 |
---|
| 773 | + | 4 of title 24.21 |
---|
| 774 | + | SECTION 16. |
---|
| 775 | + | In Colorado Revised Statutes, amend 26-6-920 as22 |
---|
| 776 | + | follows:23 |
---|
| 777 | + | 26-6-920. Periodic review of licensing and certification rules24 |
---|
| 778 | + | and procedures. At least every five years, the department shall conduct25 |
---|
| 779 | + | a comprehensive review of the licensing |
---|
| 780 | + | AND CERTIFICATION rules for26 |
---|
| 781 | + | foster care homes, |
---|
| 782 | + | KINSHIP FOSTER CARE HOMES , and child placement27 |
---|
| 783 | + | 008 |
---|
| 784 | + | -22- agencies and the procedures relating to and governing foster care homes,1 |
---|
| 785 | + | KINSHIP FOSTER CARE HOMES, and agencies, including procedures for the2 |
---|
| 786 | + | review of backgrounds of employees and owners. In conducting the3 |
---|
| 787 | + | periodic review, the department shall consult with foster care providers,4 |
---|
| 788 | + | KINSHIP FOSTER CARE PROVIDERS , child placement agencies, county5 |
---|
| 789 | + | departments, the department of public health and environment, and other6 |
---|
| 790 | + | interested parties throughout the state. The periodic review must include7 |
---|
| 791 | + | an examination of the rules applicable to foster care homes, |
---|
| 792 | + | KINSHIP8 |
---|
| 793 | + | FOSTER CARE HOMES, and child placement agencies; the process of9 |
---|
| 794 | + | licensing foster care homes and child placement agencies; |
---|
| 795 | + | THE10 |
---|
| 796 | + | CERTIFICATION PROCESS FOR FOSTER CARE HOMES AND KINSHIP FOSTER11 |
---|
| 797 | + | CARE HOMES; uniformity of standards or lack thereof in the licensing12 |
---|
| 798 | + | process; statewide standardization of investigations and enforcement of13 |
---|
| 799 | + | licensing by the department; duplication and conflicts in rules,14 |
---|
| 800 | + | requirements, or procedures between the department and the department15 |
---|
| 801 | + | of public health and environment; and recommendations for streamlining16 |
---|
| 802 | + | and unifying the licensing process. The review must also include an17 |
---|
| 803 | + | examination of rules and procedures regarding the general physical and18 |
---|
| 804 | + | mental health of foster care providers, |
---|
724 | | - | CARE HOMES |
---|
725 | | - | , and agencies, including procedures for the review of |
---|
726 | | - | backgrounds of employees and owners. In conducting the periodic review, |
---|
727 | | - | the department shall consult with foster care providers, |
---|
728 | | - | KINSHIP FOSTER |
---|
729 | | - | CARE PROVIDERS |
---|
730 | | - | , child placement agencies, county departments, the |
---|
731 | | - | department of public health and environment, and other interested parties |
---|
732 | | - | throughout the state. The periodic review must include an examination of |
---|
733 | | - | the rules applicable to foster care homes, |
---|
734 | | - | KINSHIP FOSTER CARE HOMES, and |
---|
735 | | - | child placement agencies; the process of licensing foster care homes and |
---|
736 | | - | child placement agencies; |
---|
737 | | - | THE CERTIFICATION PROCESS FOR FOSTER CARE |
---|
738 | | - | HOMES AND KINSHIP FOSTER CARE HOMES |
---|
739 | | - | ; uniformity of standards or lack |
---|
740 | | - | thereof in the licensing process; statewide standardization of investigations |
---|
741 | | - | and enforcement of licensing by the department; duplication and conflicts |
---|
742 | | - | in rules, requirements, or procedures between the department and the |
---|
743 | | - | department of public health and environment; and recommendations for |
---|
744 | | - | streamlining and unifying the licensing process. The review must also |
---|
745 | | - | include an examination of rules and procedures regarding the general |
---|
746 | | - | physical and mental health of foster care providers, |
---|
747 | | - | KINSHIP FOSTER CARE |
---|
748 | | - | PROVIDERS |
---|
749 | | - | , employees, and owners. At the conclusion of each review, the |
---|
750 | | - | department shall report its findings and conclusions and its |
---|
751 | | - | recommendations for administrative changes and for legislation to the state |
---|
752 | | - | board. |
---|
753 | | - | PAGE 16-SENATE BILL 24-008 SECTION 17. Appropriation. (1) For the 2024-25 state fiscal |
---|
754 | | - | year, $190,672 is appropriated to the department of human services for use |
---|
755 | | - | by the administration and finance division. This appropriation is from the |
---|
756 | | - | general fund and is based on an assumption that the division will require an |
---|
757 | | - | additional 2.5 FTE. To implement this act, the division may use this |
---|
758 | | - | appropriation for the administrative review unit. |
---|
759 | | - | (2) For the 2024-25 state fiscal year, $5,516,580 is appropriated to |
---|
760 | | - | the department of human services for use by the office of children, youth, |
---|
761 | | - | and families. This appropriation is from the Colorado long-term works |
---|
762 | | - | reserve created in section 26-2-721 (1), C.R.S. To implement this act, the |
---|
763 | | - | office may use this appropriation for child welfare services. |
---|
764 | | - | (3) For the 2024-25 state fiscal year, $1,221,710 is appropriated to |
---|
765 | | - | the department of human services for use by the office of children, youth, |
---|
766 | | - | and families. This appropriation is from local funds and is subject to the |
---|
767 | | - | "(I)" notation as defined in the annual general appropriation act for the same |
---|
768 | | - | fiscal year. To implement this act, the office may use this appropriation for |
---|
769 | | - | child welfare services. |
---|
770 | | - | (4) For the 2024-25 state fiscal year, the general assembly |
---|
771 | | - | anticipates that the department of human services will receive $6,459,409 |
---|
772 | | - | in federal funds to implement this act. This appropriation is subject to the |
---|
773 | | - | "(I)" notation as defined in the annual general appropriation act for the same |
---|
774 | | - | fiscal year. The appropriation in subsection (2) of this section is based on |
---|
775 | | - | the assumption that the department will receive this amount of federal funds |
---|
776 | | - | to be used by the office of children, youth, and families for child welfare |
---|
777 | | - | services. |
---|
778 | | - | (5) For the 2024-25 state fiscal year, $55,748 is appropriated to the |
---|
779 | | - | department of public safety for use by the biometric identification and |
---|
780 | | - | records unit. This appropriation is from the Colorado bureau of |
---|
781 | | - | investigation identification unit fund created in section 24-33.5-426, C.R.S. |
---|
782 | | - | To implement this act, the unit may use this appropriation as follows: |
---|
783 | | - | (a) $19,338 for personal services, which amount is based on an |
---|
784 | | - | assumption that the unit will require an additional 0.3 FTE; and |
---|
785 | | - | (b) $36,410 for operating expenses. |
---|
786 | | - | PAGE 17-SENATE BILL 24-008 SECTION 18. Effective date. This act takes effect September 1, |
---|
787 | | - | 2024. |
---|
788 | | - | SECTION 19. Safety clause. The general assembly finds, |
---|
789 | | - | determines, and declares that this act is necessary for the immediate |
---|
790 | | - | preservation of the public peace, health, or safety or for appropriations for |
---|
791 | | - | the support and maintenance of the departments of the state and state |
---|
792 | | - | institutions. |
---|
793 | | - | ____________________________ ____________________________ |
---|
794 | | - | Steve Fenberg Julie McCluskie |
---|
795 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
---|
796 | | - | THE SENATE OF REPRESENTATIVES |
---|
797 | | - | ____________________________ ____________________________ |
---|
798 | | - | Cindi L. Markwell Robin Jones |
---|
799 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
---|
800 | | - | THE SENATE OF REPRESENTATIVES |
---|
801 | | - | APPROVED________________________________________ |
---|
802 | | - | (Date and Time) |
---|
803 | | - | _________________________________________ |
---|
804 | | - | Jared S. Polis |
---|
805 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
806 | | - | PAGE 18-SENATE BILL 24-008 |
---|
| 806 | + | CARE PROVIDERS,19 |
---|
| 807 | + | employees, and owners. At the conclusion of each review, the department20 |
---|
| 808 | + | shall report its findings and conclusions and its recommendations for21 |
---|
| 809 | + | administrative changes and for legislation to the state board.22 |
---|
| 810 | + | SECTION 17. Appropriation. (1) For the 2024-25 state fiscal23 |
---|
| 811 | + | year, $190,672 is appropriated to the department of human services for24 |
---|
| 812 | + | use by the administration and finance division. This appropriation is from25 |
---|
| 813 | + | the general fund and is based on an assumption that the division will26 |
---|
| 814 | + | require an additional 2.5 FTE. To implement this act, the division may27 |
---|
| 815 | + | 008 |
---|
| 816 | + | -23- use this appropriation for the administrative review unit. 1 |
---|
| 817 | + | (2) For the 2024-25 state fiscal year, $5,516,580 is appropriated2 |
---|
| 818 | + | to the department of human services for use by the office of children,3 |
---|
| 819 | + | youth, and families. This appropriation is from the Colorado long-term4 |
---|
| 820 | + | works reserve created in section 26-2-721 (1), C.R.S. To implement this5 |
---|
| 821 | + | act, the office may use this appropriation for child welfare services. 6 |
---|
| 822 | + | (3) For the 2024-25 state fiscal year, $1,221,710 is appropriated7 |
---|
| 823 | + | to the department of human services for use by the office of children,8 |
---|
| 824 | + | youth, and families. This appropriation is from local funds and is subject9 |
---|
| 825 | + | to the "(I)" notation as defined in the annual general appropriation act for10 |
---|
| 826 | + | the same fiscal year. To implement this act, the office may use this11 |
---|
| 827 | + | appropriation for child welfare services. 12 |
---|
| 828 | + | (4) For the 2024-25 state fiscal year, the general assembly13 |
---|
| 829 | + | anticipates that the department of human services will receive $6,459,40914 |
---|
| 830 | + | in federal funds to implement this act. This appropriation is subject to the15 |
---|
| 831 | + | "(I)" notation as defined in the annual general appropriation act for the16 |
---|
| 832 | + | same fiscal year. The appropriation in subsection (2) of this section is17 |
---|
| 833 | + | based on the assumption that the department will receive this amount of18 |
---|
| 834 | + | federal funds to be used by the office of children, youth, and families for19 |
---|
| 835 | + | child welfare services.20 |
---|
| 836 | + | (5) For the 2024-25 state fiscal year, $55,748 is appropriated to21 |
---|
| 837 | + | the department of public safety for use by the biometric identification and22 |
---|
| 838 | + | records unit. This appropriation is from the Colorado bureau of23 |
---|
| 839 | + | investigation identification unit fund created in section 24-33.5-426,24 |
---|
| 840 | + | C.R.S. To implement this act, the unit may use this appropriation as25 |
---|
| 841 | + | follows:26 |
---|
| 842 | + | (a) $19,338 for personal services, which amount is based on an27 |
---|
| 843 | + | 008 |
---|
| 844 | + | -24- assumption that the unit will require an additional 0.3 FTE; and1 |
---|
| 845 | + | (b) $36,410 for operating expenses. 2 |
---|
| 846 | + | SECTION 18. Effective date. This act takes effect September 1,3 |
---|
| 847 | + | 2024.4 |
---|
| 848 | + | SECTION 19. Safety clause. The general assembly finds,5 |
---|
| 849 | + | determines, and declares that this act is necessary for the immediate6 |
---|
| 850 | + | preservation of the public peace, health, or safety or for appropriations for7 |
---|
| 851 | + | the support and maintenance of the departments of the state and state8 |
---|
| 852 | + | institutions.9 |
---|
| 853 | + | 008 |
---|
| 854 | + | -25- |
---|