HomeMy WebLinkAbout20022192.tiff RESOLUTION
RE: APPROVE REVISIONS TO OPERATIONS MANUAL, SECTION 2.000, SOCIAL
SERVICES DIVISION POLICIES AND PROCEDURES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Department of Social Services has presented revisions to the
Operations Manual, Section 2.000, Social Services Division Policies and Procedures, to the
Board of County Commissioners of Weld County, for consideration and approval, and
WHEREAS, after review, the Board deems it advisable to approve said revisions, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, ex-officio Board of Social Services, that the revisions to the Operations
Manual, Section 2.000, Social Services Division Policies and Procedures be, and hereby are,
approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
�� aitATTEST: ^ "`I )!�_ / C/1 IL
Glen a, CI
Weld County Clerk to the ae:
David o , Pro-Tem
BY:
Deputy Clerk to the BoaS
M. J. el
AP YID AS T M: "j 6l Nr
Jerke ith
ounty torn10k.
Robert D. Masden
Date of signature: -2a
2002-2192
(9 ES SS0029
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DEPARTMENT OF SOCIAL SERVICES
PO BOX A
CO
GREELEY,C 80632
' WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
CChild Support(970)352-6933
COLORADO MEMORANDUM
TO: Glenn Vaad, Chair Date: August 5, 2002
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services _•i1,i44 ( (
RE: Revision to Section 2.000, Social Servicesdivision Policies and
Procedures, Weld County Department of Social Services
Operations Manual
Enclosed for Board approval are revisions to Section 2.000, Social Services Division
Policies and Procedures, Weld County Department of Social Services Operations
Manual. These revisions were presented and discussed at Work Sessions with the Board
on July 30, 2002, and August 5, 2002.
A. Core Services for Child in Subsidized Adoption, is being revised to clarify the
circumstances regarding the use of Core Services resources with adoptive parents
and children. Reference: Section 2.324.2.
B. Requests for Guardian or Conservator Services and Procedures are revisions
to provide additional guidance to and instruction for caseworkers regarding
guardian and conservator services. Reference: Section 2.402, Section 2.402.1,
C. Receiving Home Rates section is being revised from $26.40 per day,per bed so
that all receiving homes receive the same rate, which is $28.40 per day, per bed.
This rate is calculated by adding the average of two basic maintenance rates for
children/youth aged eleven through twenty-one and the direct care and service
allowance. In addition, all monthly rates are being converted to daily rates to
meet the computer requirements of TRAILS; however, these rates will not reflect
any change. Reference: Section 2.321.1 Table 1, 1; Section 2.321.1, A; Section
2.322, F; Section 2.323.1, E, Table 3; Section 2.325.1, A; Section 2.325.1,B,
Table 4; Section 2.325.1, C; Section 2.326.1, F.
If you have any questions,please telephone me at extension 6510.
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Social Services Division Policies and Procedures
holidays or visits while the child is in the custody of the Department.
J. Right to appeal a denial, a termination or a reduction of subsidy
1. When the county department denies an application for adoption
subsidy, or reduces or terminates the subsidy grant, the applicant or
recipient has a right to appeal to a state administrative law judge
and may be represented by counsel at their own expense for such
an appeal. C.R.S. § 26-7-107, Vol. VII, § 7.306.4 and the Code of
Federal Regulations. See Section 3.324.31 (E)(1)below for more
information on what constitutes a decision or denial by the
Department.
2. When either state or federal law requires or results in a reduction or
deletion of services, no hearing is required.
2.324.1 Medical Resources
Revised 3/29/99
Subject to certain income and resource limitations, medical assistance through the
Colorado Medicaid program must be provided to certain children receiving child
welfare services including children who have a current, signed subsidized
adoption agreement and children in subsidized adoption. Children in subsidized
adoptions, including adoption placements out-of-state, who are IV-E eligible or
where the state option is in effect are eligible until the receiving state can provide
Medicaid.
The Department is responsible for determining eligibility for Colorado Medicaid
in the manner prescribed by the State Department of Human Services and
according to State Regulations described in Volume VII.
2.324.2 Core Services for Children in Subsidized Adoption
Revised 3/29/99
Revised 8/5/02 Core services may be available to subsidized adoption children and their adopting
families that meet certain requirements:
A. The child and adopting family are eligible for Core Services as described
in Section 2.802, have been assessed through the Intake and/or Ongoing
Child Welfare Units as described in Section 2.802.3, and when Core
Services resources are available.
B. Equivalent services are not covered by other resources such as Medicaid or
private insurance.
C. The caseworker completes an assessment and a case services plan.
D. As a result of the assessment, the caseworker and family shall identify the
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family's level of functioning, areas of strengths and weaknesses, specific
problems to be addressed, and changes that must occur to remedy the
problems that the family brought to the Department.
E. The caseworker will document the assessment in the case file and/or case
services plan.
F. The caseworker will refer the child and adopting family to the appropriate
core services program based on the areas identified in the assessment.
Outcomes to be achieved as result of the Core Services provided will be
described in terms of specific, measurable, agreed upon, realistic, time-
limited objectives and action steps to be accomplished by the parents,
child, service providers, and county staff.
G. A continuing reassessment and documentation of the client's service needs
in relationship to measurable progress to program resolution shall be
completed every three months. If a significant change in client service
needs occurs, a determination of eligibility and/or reassessment of services
shall occur and the case services plan shall be amended, if applicable
H. The reassessment shall be performed jointly with the family and in
situations where mutual evaluation cannot occur, the reasons shall be
documented in the case record.
2.324.3 Subsidized Adoption Reimbursement Negotiations
Added 5/00
2.324.31 Initial Subsidy Negotiations
A. The Adoption Caseworkers will inform the County Negotiator of all cases
ready for subsidy negotiations. The Adoption Caseworkers will advise the
County Negotiator of their assessment of whether the child will qualify for
a subsidy and the reasons for that belief. All negotiations will occur with
the County Negotiator rather than the Adoption Caseworker.
B. The adoption negotiator will promptly mail a letter to the prospective
adoptive parent(s). The letter will include:
1. An advisement that adoption subsidies are available under certain
circumstances. An advisement that the subsidy issue must be
resolved before the Director of Social Services will sign a Consent
to Adopt an advisement that the Director of Social Services has the
final say on the amount and kind of subsidy.
2. A procedure for setting up a time to start subsidy negotiations with
the County Negotiator and a deadline by which to respond.
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Social Services Division Policies and Procedures
2.402 Requests for Guardian or Conservator Services
Revised 1/01
Revised 8/02 A. Under §26-3.1-104(2),the Director or designee determines that an at-risk
adult is being or has been mistreated or self-neglected, or is at risk thereof,
and if the at-risk adult does not consent to the receipt of protective
services, the Director is urged, if no other appropriate person is able or
willing, to petition the court, pursuant to part 3 of article 14 of title 15,
C.R.S., for an order authorizing the provision of specific protective
services and for the appointment of a guardian, for an order authorizing the
appointment of a conservator pursuant to part 4 of article 14 of title 15,
C.R.S., or for a court order providing for any combination of these actions.
B. The Department must be able to meet the response and provision of
services requirements of the Adult Protection caseload in Weld County
before any guardianships or conservatorships will be considered.
C. If the Adult Protection workers have the time to manage a guardianship, a
limited number of guardianships will be considered under these criteria:
1. The client was already receiving Adult Protection services;
2. There is no willing or appropriate relative or friend to take
the guardianship;
3. The primary issues of the client are not mental health and/or drug
and alcohol issues and the person is not violent or a run risk;
4. There is a measurable benefit to the Department's involvement.
D. Each case will be considered on its merits along with the Adult Protection
caseload at the time by the Adult Protection Caseworker and the Adult
Protection Supervisor. Final approval for the filing for any guardianship
must be given by the Director and is solely at the discretion of the
Director.
E. Conservatorships will be sought for appropriate entities such as the Public
Trustee or banks whenever possible. The Department will only consider
conservatorships where assets are fixed and all that is involved is the
spend down to qualify for public benefits. The Department will not
provide financial management or investment advice and will not accept
conservatorships where a bond is required.
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Social Services Division Policies and Procedures
F. Other financial management to be done under the auspices of a
guardianship (for those cases where assets to be managed are minimal
and a conservatorship is not necessary) will be done by seeking court
orders authorizing the transactions and/or by arranging for appropriate
entities to be representative payee. The business office will be notified
promptly of any required involvement in guardianships or
conservatorships and will be responsible for preparing all required
financial reports for the Director's signature for filing with the Court.
2.402.1 Procedure
A. When the caseworker assesses that an at-risk adult needs an appropriate
individual to serve as a guardian or conservator, the caseworker will notify
his or her manager. Every effort will be made to find a relative or other
appropriate person to act as guardian or conservator. If there is an
appropriate person to serve but that person is unable to file the Petition(s)
because of financial considerations, the caseworker will notify his or her
manager. A decision on whether to ask for the assistance of the Assistant
Weld County Attorney with regard to the filing only on behalf of the
person identified will be made and presented to the Director for approval.
Such assistance is purely at the discretion of the Director and does not
create any right to such assistance. Once such a guardianship or
conservatorship is granted, the guardian and/or conservator will be
responsible for any required reports and life plans under the statute. The
Assistant County Attorney will file a `Motion to Withdraw' as appropriate
in these cases.
B. If the caseworker determines that there is no appropriate alternative for a
guardian, the caseworker will notify his or her manager that consideration
must be given to having the Director appointed as Guardian. The manager
will notify the Director who will decide if the guardianship request will be
referred to an Assistant Weld County Attorney.
C. If the caseworker determines that there may be a need for a conservator,
the caseworker will notify his or her manager that consideration must be
given to having a petition for conservatorship filed. The manager will
determine whether the situation may warrant only a guardianship by the
Director with the use of"Protective arrangements and single transactions"
overseen by the Court or whether a petition for conservatorship filed by
the Assistant County Attorney with another entity(for example, the Public
Trustee)being appointed as conservator is appropriate.
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Social Services Division Policies and Procedures
D. The Assistant Weld County Attorney will assist in the legal process to
obtain the guardianship or conservatorship with the appropriate individual.
The caseworker will provide all information required under §15-14-304 to
the paralegals. This will be prepared in the form of an affidavit for the
caseworker to sign, which will be attached to the Petition. The caseworker
will make arrangements for the Respondent to be at the hearing or will
provide an affidavit as to why the person should not attend so that a
motion can be made to the court to waive the Respondent's appearance.
Once the Petition is filed and a date set for the hearing, the paralegals will
arrange for proper notice to all required parties, including the caseworker.
The caseworker will be present and prepared to testify at the hearing.
E. The caseworker will be responsible for preparing the required life plan
reports at the times required by statute or set out by the court, obtaining the
Director's approval and signature and timely filing those reports with the
court and mailing copies to the required parties. The caseworker will sign
a Certificate of Service for these reports and file it with the court. The
business office will prepare any required financial reports in time for the
caseworker to file and mail them with his or her reports. A copy of any
report filed with the court will be provided to the paralegals for inclusion
in the file.
F. Emergency guardianships and/or temporary conservatorships will be
avoided whenever possible in favor of giving proper notice and setting a
hearing. If an emergency guardianship or temporary conservatorship is
sought and granted, the paralegals will arrange for service of the required
notices and will file the appropriate certificates of service with the court.
Otherwise the procedure to be followed is as set out in Paragraph A
above.
G. If a protected person dies, the caseworker will notify the court and all
other persons required as soon as possible by letter and/or pleading filed
with the court. Any required final reports shall be filed with the court as
the court directs.
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Social Services Division Policies and Procedures
2.321 Reimbursement for County Certified Foster Care Provider
Effective 1/1/99
The Department will reimburse a county certified foster care provider if such
foster care meets the State reimbursement requirements of Colorado State Rules,
Section 7.405, Volume VII, Social Services Programs, and the State requirements
for County Certified Providers of Colorado State Rules, Section 7.417.1, Volume
VII, Social Services Programs.
2.321.1 County Certified Foster Care Rate
Revised 1/01/02
Revised 6/02 According to Table 1, the Department will reimburse for the care provided by
Revised 8/5/02 County Certified foster care parents upon submittal in a timely fashion on a form
showing the number of days the child/ren were in care.
Table 1
Age Daily Respite Care
of Maintenance Daily
Child Rate Allowance
0 months
to $13.84 $.66
10 years
11 years to
14 years $15.32 $.66
15 years to
21 years $16.37 $.66
1. The rates established by the Department will be reimbursed within
the available appropriation. The rates effective January 1, 2002,
reflect an approximate 4%cost of living increase.
2. If the child's birthday occurs during the month, placing him in a
higher age grouping, the payment for that month is made on the
basis of the higher grouping rate.
3. County Certified foster homes are paid the basic rate, plus an additional
Respite Care Allowance of $.66 per day.
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Effective 1/1/99 A. The Department shall negotiate rates with certified kinship care providers
based on the child's needs and within the County Certified Foster Care
Rate. The range shall be upward from the prevailing federal TANF
payments and is to be based on the needs of the child,plus the $.66 per
day additional respite care allowance. Certified kinship care providers
may elect not to receive a money payment and may follow the grievance
process for foster care providers when there is disagreement about such
reimbursement rate. A child in the care of his or her parents is not
considered living in a foster home, and, therefore, is ineligible for foster
care payments, including kinship care payments. IV-E reimbursable foster
care payments may only be made to kin who are defined as an adult who is
not a parent,but who is in one of the following groups:
1. Any blood relative, including those of half-blood, and including
first cousins, nephews or nieces, and persons of preceding
generations as denoted by prefixes of grand, great, or great-great.
2. Stepfather, stepmother, stepbrother, and stepsister.
3. Persons who legally adopt a child or his or her parent, as well as
the natural and other legally adopted children of such persons, and
other relatives of the adoptive parents in accordance with State
law.
4. Spouses of any persons named in the above groups even after the
marriage is terminated by death or divorce.
Effective 1/1/99 B. The Department will not provide nonreimbursable IV-E foster care
payments to certified kinship care providers who do not meet IV-E
requirements for payment.
Effective 1/1/99 C. The Department, under contract with a physician or health department,
will pay for annual physicals for County Certified Foster Care Home
providers and other residents of the County Certified Foster Care Home.
The County Certified Foster Care Home may obtain their own annual
physicals; however, the Department will pay for co-payments, not to
exceed$55 per person and excluding foster children.
Effective January 1, 1999, the contract with a physician for a physical and
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2.322 Special Needs Rates for Developmentally Disabled and Physically Disabled
Effective 1/1/99 A. The Department may consider the additional needs of the child to
determine which of the three additional rates is appropriate in accordance
with the following criteria:
1. A special needs rate for professional services shall be determined by
a physician that the child requires more than the normal amount of
care, treatment and training, due to developmental disabilities
and/or a serious physical disability.
a. As used above,the term "developmentally disabled" means
a child who is profoundly delayed up to and including the
trainable child.
b. The term"physically disabled" means the child who puts
extra physical demands on foster parents; e.g., the child who
cannot walk without assistance or has to be lifted; the child
who has no bowel or bladder control, or must have extra
attention by the foster parents under the supervision of a
physician, etc.
Effective 1/1/99 B. Foster care parents may need relief in some cases to provide the necessary
24-hour care.
Effective 1/1/99 C. The developmentally disabled and physically disabled contract is reviewed
and renewed each 6 months when eligibility for foster care is redetermined.
Effective 1/1/99 D. At the time a child in need of a developmentally disabled or physically
disabled allowance is placed, the Department and the provider shall enter
into a contract (SS-22). The effective date of the contract is the date the
child is placed. The termination date of the contract is the next 6 month
review date. A new contract shall be signed at each 6 month review of the
child's need for foster care.
Effective 1/1/99 E. The Department's Foster Care Review Committee must approve the service
payment level for each child.
Revised 1/01/02 F. The amount of the payment for services,based on each child served and
Revised 6/20/02 extent of services needed, the daily payment of$3.12, $4.64, or$6.25 is
Revised 8/5/02 entered in Section F of Form 5710.4. Table 2 will be used to calculate the
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rate payment. The payment to the foster care provider will be the basic
maintenance rate for the child, according to his or her age,plus the Respite
Care allowance if the child is in a County Certified Foster Home or
Certified Kinship Home and the appropriate special needs rate.
Table 2 1/
Age Daily Daily Daily
of Professional Maintenance Respite Care
Child Service Range 2/ Rate 3/ Allowance 4/
0 months to
10 years $3.12 $4.64 $6.25 $13.84 $.66
11-14 Yrs. $3.12 $4.64 $6.25 $15.32 $.66
15-21 Yrs. $3.12 $4.64 $6.25 $16.37 $.66
1/ The rates established by the Department will be reimbursed within
the available appropriation. The rates effective January 1, 2002,
reflect an approximate 4% cost of living increase.
2/ Based on the range and degrees of service required, as determined
by a physician and approved the Department's Foster Care Review
Committee.
3/ For the flat grant breakdown, see the County Certified Foster Care
Homes Reimbursement Section of this manual.
4/ The respite care allowance is paid only to County Certified Foster
Care Homes and Certified Kinship Care Homes certified by the
Department.
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Social Services Division Policies and Procedures
2.323 Receiving Home Reimbursement
Effective 1/1/99 The Department has established and will reimburse the receiving home rate in the
method outlined in this manual.
2.323.1 The Basic Reimbursement to be Paid
Effective 1/1/99 A. Reimbursement for receiving home care is limited to 90 consecutive days.
Effective 1/1/99 B. For stays in receiving home care beyond 60 calendar days,the Department
shall document in the child's record information that:
1. Indicates the Department has a specific plan for the child's living
arrangements;
2. Specifies the reasons for the extension from 60 to a maximum of 90
calendar days; and,
3. Verifies that the extension will prevent additional temporary foster
care placements until the plan can be implemented.
Effective 1/1/99 C. The direct care allowance has the following components: surrogate parents
for supervising the children, administrative participation in staff
development, and assuring the Department of emergency care for children
on a 24-hour basis.
Effective 1/1/99 D. The direct care staff shall be no less than one paid full-time equivalent staff.
Effective 1/1/99 E. Reimbursement for receiving home care is the basic maintenance allowance
Revised 8/5/02 plus direct care and services allowance. The allowance per month per
child shall be based on the number of paid full-time equivalent staff
according to the following table:
Table 3
Number of Paid Payment per Day
FTE Staff Per Child
1.0 $11.11
1.5 $11.87
2.0 $12.56
2.5 $13.22
3.0 $13.91
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Social Services Division Policies and Procedures
2.325 Specialized Group Care Reimbursement
Effective 1/1/99 The Department has established procedures to follow and reimburse group homes
and centers by the method outlined in this manual.
2.325.1 Reimbursement Rate
Effective 1/1/99 A. The direct care allowance shall not exceed $13.91 per day per child. This
Revised 8/5/02 is based on the number of paid full-time equivalent staff of no less than
two (2). The calculation of FTE staff is defined in the evaluation form
instructions.
The allowance is payment for services of group home staff or surrogate
parents and supervising the children, administrative and delivery of the
group care program and participation in staff development.
Effective 1/1/99 B. Direct care allowance- the allowance per month per child shall be based
Revised 8/5/02 on the number of paid full-time equivalent staff according to the following
table.
TABLE 4
Number of Paid Payment per Month
FTE Staff Per Child
2.0 $11.11
2.25 $11.87
2.50 $12.56
2.75 $13.22
3.0 and above $13.91
Effective 1/1/99 C. Other services - the other services allowance is granted at $5.56 per day
Revised 8/5/02 per child to include:
1. Administrative allowance as defined,but not be limited to, the
following expenses: bookkeeping, auditing, legal, office supplies,
licenses, permits, and insurance.
2. Education allowance is defined to enable specialized group home
staff to encourage the children to participate in extracurricular
activities of the school and the community.
3. Social development and recreation allowance is defined to
enable the specialized group home staff to provide experience to
assist behavioral changes to occur through field trips and outings
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2.326 Critical Care Foster Care Reimbursement
Revised 3/29/99 The Department has established and will reimburse the Critical Care Foster Care
rate in the method outlined in this manual.
2.326.1 Special Needs Rates for Children in the Critical Care Foster Care Program
Revised 3/29/99 A. The Department may consider the additional needs of the child to
determine which of the rates is appropriate in accordance with the criteria
of children who require services under the Critical Care Foster Care
Program in Section 2.308.1.
B. Foster care parents may need relief in some cases to provide the necessary
24-hour care.
C. The Critical Care Foster Care Program contract is reviewed and renewed
each 6 months when eligibility for foster care is redetermined.
D. The direct care allowance has the components described in Section
2.308.2.
E. The Department's Placement Review Committee must approve the
eligibility of the child to enter the Critical Care Foster Care Program.
Revised 1/02 F. Reimbursement for the critical foster care home is the county basic
Revised 8/5/02 maintenance allowance plus direct care allowance. The total
reimbursement per day per child shall be $26.93.
G. Critical Care Foster Care Program reimbursement is not guaranteed for the
duration of the child's placement. Reimbursement is based on the
eligibility of the child for the program as determined and approved by the
Placement Review Committee.
H. If the foster parent(s) does not agree with the assessment for eligibility, an
attempt shall be made to resolve the dispute within 15 working days by the
Foster Care Program Manager. If not, the Department will use its County
Grievance Procedures outlined in this manual.
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