HomeMy WebLinkAbout20043006.tiff RESOLUTION
RE: APPROVE REVISION TO OPERATIONS MANUAL, SECTION 6.000, COLORADO
WORKS IN WELD COUNTY AND CHILD CARE 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 Board has been presented with a Revision to Section 6.000, Colorado
Works in Weld County and Child Care Policies and Procedures, for the Department of Social
Services Operations Manual, and
WHEREAS, after review, the Board deems it advisable to approve said revision, a copy of
which is 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 Revision to Section 6.000, Colorado
Works in Weld County and Child Care Policies and Procedures for the Department of Social
Services Operations Manual, be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
EL
MAT ' iki&-,
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Robert D. Masden, Chair
1861 Cr..lig) n lerk to the BoardPr �`
® �I William H. Jer , Pro-Tem
puty Clerk to the Board // yGS7—cee�
M. J. G ile
APPRASTOF
EXCUSED
David E. Long
un y Atty ey
EXCUSED
Glenn Vaad
Date of signature: ///6'/0")
2004-3006
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DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
Website:www.co.weld.co.us
Wilk
_ Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
COLORADO MEMORANDUM
TO: Robert D. Masden, Chair Date: October 4,2004
Board of County Commissioners ��/"""
FR: Judy A. Griego, Director, Social Services —II a
RE: Revisions to Section 6.000, Colorado Works in Weld County
and Child Care Policies and Procedures, Weld County
Department of Social Services Operations Manual
Enclosed for Board approval is a revision to Section 6.000, Colorado Works in Weld County and
Child Care Policies and Procedures, Weld County Department of Social Services Operations
Manual. These revisions were reviewed and discussed at the Board's Work Session held on
August 30, 2004.
The revision adds Section 6.014.9, Background Checks of Legally Exempt Child Care
Providers and Negative Fiscal Agreement Actions for Legally Exempt and Licensed Child
Care Providers. It has been added to include:
1. The policies and procedures regarding background checks of Legally Exempt Child Care
Providers. The cost of such background checks will be borne by the Legally Exempt
Child Care Provider.
2. The policies and procedures regarding negative fiscal agreement actions for both Legally
Exempt and Licensed Child Care Providers.
If you have any questions,please telephone me at extension 6510.
2004-3006
6.014.9 Background Checks of Legally Exempt Child Care Providers and Negative
Added 10/04 Fiscal Agreement Actions for Legally Exempt and Licensed Child Care
Providers
The Department seeks quality of child care provided to children for whom the
Department is purchasing child care services.
6.014.91 Background Checks of Legally Exempt Child Care Providers
A. Legally exempt providers are providers who are exempt from state
licensing requirements.
B. As provided in Volume 3, 3.905.1, Colorado Department of Human
Services' Staff Manual,the Department shall screen the legally exempt
child care provider for current or previous agency contacts and may
obtain a criminal records check. If the legally exempt child care provider
or a member of such provider's household has been contacted for child
protection reasons, the Department is responsible for determining the
current status of the issue and will determine if a criminal records check
is necessary. If the records check indicates a child abuse conviction or
other conviction that is relevant to a child's safety, the Department shall
inform the client of the conviction and the client shall make the choice
about placing their child(ren)with the legally exempt provider. The
Department shall make the choice about entering or terminating a fiscal
agreement with a legally exempt provider as described in Section
6.014.92 of the Department's Operations Manual.
6.014.911 Procedures for Background Checks of Legally Exempt Child Care
Providers
A. A client may request a specific provider of care for his or her child(ren)
as a Legally Exempt Provider.
B. The Department will mail an Exempt Provider Application and a Child
Care Standards for Non-Licensed Providers form to the potential
provider.
C. The Department may require that the potential provider identify his or
her name(s) and members of his or her household name(s)by which they
have been known for the express purpose of requesting criminal history
from law enforcement or criminal justice agencies.
D. The cost of a criminal records check shall be paid by the legally exempt
provider, for each person age 18 or older,residing in the provider's
household. The provider may elect to pay the fees via cash or money
order at the time of application, or, may request and authorize fees to be
withheld from the first payment for authorized child care.
E. A criminal records check will be initiated by the Department on all
legally exempt providers and members residing in the provider's
household.
icy- 5oo�,
F. For all providers being considered as Legally Exempt Providers, the
Department will review current or previous Department contacts of such
potential providers through COIN, CBMS, Trails, or other Department
software systems.
G. Based on information received by the Department regarding the Legally
Exempt Provider through its review of current or previous Department
contacts, the Department may request additional background information
regarding the provider and household members from law enforcement,
investigation, or criminal justice agencies.
H. The Department staff designated to collect background check
information regarding potential Legally Exempt Providers will
immediately notify the Child Care Manager, Assistance Payments
Manager, Intake Child Welfare Manager, and the Child Welfare
Manager of information that indicates a child abuse conviction or other
conviction, which is relevant to a child's safety.
I. If the background check indicates a child abuse conviction or other
conviction that is relevant to a child's safety as identified in Section
6.014.921, A and B, the Department shall inform the client of the
conviction or related issues as identified in Section 6.014.921, B, and the
client shall make the choice about placing their child(ren) with such
potential provider.
J. The Department shall inform the client if the Department will enter into a
fiscal agreement to purchase child care services from the provider as a
Legally Exempt Provider under the procedures provided in Section
6.014.92 of the Department's Operations Manual.
6.014.92 Negative Fiscal Agreement Actions for Legally Exempt Child Care
Providers
Under Volume 3, Section 3.913.3, Colorado Department of Human Services'
Staff Manual,the Depai tinent may refuse to authorize care as follows:
A. The Department has the authority to refuse to enter into a fiscal
agreement with a provider. The Department has the authority to
terminate a fiscal agreement after 30 calendar days notice by mail. The
Department has the authority to terminate a fiscal agreement without
advance notice if a child's health or safety is endangered or if the
provider is under a negative licensing action.
B. The Department may notify the provider of an immediate termination
verbally,but written notice of that action shall be forwarded to the
provider within 7 calendar days. Any notice regarding denial or
termination of a fiscal agreement shall include information regarding the
provider's right to an informal conference as set forth in Volume 3,
Section 3.905.1,D, Colorado Department of Human Services' Staff
Manual.
6.014.921 Denial of Fiscal Agreements to Applicants to Be Legally Exempt Providers
A. An applicant who is seeking a fiscal agreement to provide Legally
Exempt Child Care Services shall be denied a fiscal agreement by the
Depaitinent as follows:
1. An applicant who is a respondent party of an active Dependency
and Neglect Action.
2. An applicant who has been convicted of any felony involving
physical assault,battery, or a drug-related/alcohol-related
offense within five years proceeding the date of application for a
Fiscal Agreement.
3. An applicant who has been convicted of any crimes, as listed
from a—ff.
a. Incest; C.R.S § 18-6-301
b. Aggravated Incest; C.R.S. § 18-6-302
c. Child Abuse; C.R.S. § 18-6-401
d. Trafficking in children; C.R.S. § 18-6-402
e. Sexual Exploitation of children; C.R.S. § 18-6-403
f. Procurement of a child for sexual exploitation; C.R.S. §
18-6-404
g. Sexual Assault in the first degree; C.R.S. § 18-3-402
h. Sexual Assault in the second degree; C.R.S. § 18-3-403
Sexual Assault in the third degree; C.R.S. § 18-3-404
j. Sexual Assault on a child; C.R.S § 18-6-405
k. Sexual Assault on a child by a psychotherapist; C.R.S. §
18-6-405.5
1. First Degree kidnapping; C.R.S. § 18-3-301
m. Second Degree kidnapping; C.R.S. § 18-3-302
n. False Imprisonment; C.R.S. § 18-3-303
o. Enticement of a child; C.R.S. § 18-3-305
p. Murder in the First Degree; C.R.S. § 18-3-102
q. Murder in the Second Degree; C.R.S.
r. Manslaughter; C.R.S. § 18-3-104
s. Criminally negligent homicide; C.R.S. § 18-3-105
t. Soliciting for child prostitution; C.R.S. § 18-7-402
u. Pandering of a child; C.R.S. § 18-7-403
v. Procurement of a child; C.R.S. § 18-7-403.5
w. Keeping a place of child prostitution; C.R.S. § 18-7-404
x. Pimping of a child; C.R.S. § 18-7-405
y. Inducement of child prostitution; C.R.S. § 187-405.5
z. Patronizing a prostituted child; C.R.S. § 18-7-406
aa. The sale or loan of sexually explicit materials harmful to
children; C.R.S. § 18-7
bb. Assault in the first degree; C.R.S. § 18-3-202
cc. Assault in the second degree; C.R.S. § 18-3-2-2
dd. Aggravated robbery; C.R.S. § 18-4-302
ee. Aggravated robbery of controlled substances, C.R.S. §
18-4-303
ff. Contributing to the delinquency of a minor; C.R.S. § 18-
6-701
4. An applicant who has been convicted of fraud against the
Department.
B. An applicant who is seeking a fiscal agreement to provide Legally
Exempt Child Care Services may be denied a fiscal agreement by the
Department as follows:
1. An applicant who has been convicted of other crimes not listed
in Section 6.014.921, A, 2 of the Department's Operations
Manual.
2. An applicant who has a felony, the underlying factual basis of
which has been found by the court on the record to include an act
of domestic violence, as defined in Section 18-6-800.3, C.R.S.
3. An applicant who has a record of charges regarding personal
crimes but not necessarily a conviction.
4. Other background information, which reflect negatively on the
character or fitness of the applicant to provide child care, as
follows
a. An open child protection case, excluding Dependent&
Neglect or an Adjudicated youth, or open investigation
of abuse or neglect on the applicant or any family
member of the individual's household.
b. A confirmed abuse or neglect report filed and upheld
through the State appeal process on the applicant or any
family member still in the home.
c. Three or more investigations by the Department of abuse
and/or neglect referrals.
d. History of incorrect and/or inaccurate billings whether
intentional or unintentional or has a criminal history of
fraud and fiscal mismanagement.
e. A pattern of misdemeanor convictions within the last ten
years immediately preceding submission of the
application. A pattern of misdemeanor convictions shall
include:
1) Three or more convictions of 3`°degree assault
and/or domestic violence; or,
2) Five misdemeanor convictions of any type, with
at least two convictions of 3`s degree assault
and/or domestic violence; or,
3) Seven misdemeanor convictions of any type.
f Refusal to provide written permission to the Department
upon its request of the applicant for criminal history
information for the applicant and name(s)by which
she/he and members of the household have been known.
6.014.922 Termination of Fiscal Agreements to Providers Who Are Legally Exempt
Providers
A. A provider who is currently under a fiscal agreement to provide Legally
Exempt Child Care Services shall have a fiscal agreement terminated by
the Department as follows:
1. A provider who is a respondent party of an active Dependency
and Neglect Action.
2. A provider who has been convicted of any felony involving
physical assault, battery, or a drug-related/alcohol-related
offense.
3. A provider who has been convicted of any crimes, as listed from
a—ff.
a. Incest; C.R.S § 18-6-301
b. Aggravated Incest; C.R.S. § 18-6-302
c. Child Abuse; C.R.S. § 18-6-401
d. Trafficking in children; C.R.S. § 18-6-402
e. Sexual Exploitation of children; C.R.S. § 18-6-403
f Procurement of a child for sexual exploitation; C.R.S. §
18-6-404
g. Sexual Assault in the first degree; C.R.S. § 18-3-402
h. Sexual Assault in the second degree; C.R.S. § 18-3-403
Sexual Assault in the third degree; C.R.S. § 18-3-404
J. Sexual Assault on a child; C.R.S § 18-6-405
k. Sexual Assault on a child by a psychotherapist; C.R.S. §
18-6-405.5
1. First Degree kidnapping; C.R.S. § 18-3-301
m. Second Degree kidnapping; C.R.S. § 18-3-302
n. False Imprisonment; C.R.S. § 18-3-303
o. Enticement of a child; C.R.S. § 18-3-305
P. Murder in the First Degree; C.R.S. § 18-3-102
q. Murder in the Second Degree; C.R.S.
r. Manslaughter; C.R.S. § 18-3-104
s. Criminally negligent homicide; C.R.S. § 18-3-105
t. Soliciting for child prostitution; C.R.S. § 18-7-402
u. Pandering of a child; C.R.S. § 18-7-403
v. Procurement of a child; C.R.S. § 18-7-403.5
w. Keeping a place of child prostitution; C.R.S. § 18-7-404
x. Pimping of a child; C.R.S. § 18-7405
y. Inducement of child prostitution; C.R.S. § 187-405.5
z. Patronizing a prostituted child; C.R.S. § 18-7-406
aa. The sale or loan of sexually explicit materials harmful to
children; C.R.S. § 18-7
bb. Assault in the first degree; C.R.S. § 18-3-202
cc. Assault in the second degree; C.R.S. § 18-3-2-2
dd. Aggravated robbery; C.R.S. § 184-302
ee. Aggravated robbery of controlled substances, C.R.S. §
18-4-303
ff. Contributing to the delinquency of a minor; C.R.S. § 18-
6-701
4. A provider who is convicted of fraud against the Department.
5. A provider who does not abide by the provisions of the fiscal
agreement.
B. A provider who currently under a fiscal agreement to provide Legally
Exempt Child Care Services may have his or her fiscal agreement
terminated by the Department as follows:
1. A provider who has been convicted of other crimes not listed in
Section 6.014.921, A, 2 of the Department's Operations Manual.
2. A provider who has a record of charges regarding personal
crimes but not necessarily a conviction.
3. Other background information, which reflect negatively on the
character or fitness of the provider to continue to provide child
care, as follows
a. An open child protection case, excluding Dependent&
Neglect or an Adjudicated youth, or open investigation
of abuse or neglect on the provider or any family
member of the individual's household.
b. A confirmed abuse or neglect report filed and upheld
through the State appeal process on the provider or any
family member still in the home.
c. Three or more investigations by the Department of abuse
and/or neglect referrals.
d. History of incorrect and/or inaccurate billings whether
intentional or unintentional or has a criminal history of
fraud and fiscal mismanagement.
e. A pattern of misdemeanor convictions within the last ten
years immediately preceding submission of the
application. A pattern of misdemeanor convictions shall
include:
1) Three or more convictions of 3rd degree assault
and/or domestic violence; or,
2) Five misdemeanor convictions of any type, with
at least two convictions of 3rd degree assault
and/or domestic violence; or,
3) Seven misdemeanor convictions of any type.
f. Refusal to provide written permission to the Department
upon its request of the applicant for criminal history
information for the applicant and name(s)by which
she/he and members of the household have been known.
6.014.923 Evaluation of Applicants Under Section 6.014.921,B and Providers Under
Section 6.014.922,B.
The Child Care Manager and Intake Child Welfare Manager or designees will
evaluate the applicants and providers through steps A and B.
A. The applicant and provider are required to provide information as
follows:
1. A typed or printed statement concerning the incident.
2. A copy of the police report, if appropriate.
3. A certified statement from the District Attorney's Office
regarding disposition of the case, if appropriate.
4. If treatment, counseling, or other related remedy was required, a
written statement from the applicant's treatment, counselor or
professional provider regarding the disposition of the treatment,
counseling or related remedy. The treatment provider must
indicate that the applicant successfully completed the treatment
and the applicant no longer poses a risk.
5. For providers, a typed or printed statement concerning the failure
to comply with fiscal agreement provision(s).
B. The Child Care Manager and the Intake Manager or designees will
consider and evaluate conditions 1 through 6 for applicants and
providers.
1. How long the applicant or provider has gone without a re-
occurring or new incident.
2. The age of the applicant or provider when the incident occurred.
3. In a domestic violence situation, whether the victim's recanting
or minimizing was the reason the charges were dropped.
4. The presence or involvement of children.
5. Whether the applicant or provider accepts responsibility for the
activity and identifies how the situation could have been handled
appropriately. Whether the provider accepts responsibility for
his or her failure to comply with fiscal agreement provision(s)
and identifies how the situation could have been handled
appropriately.
6. Any collateral information gathered, if deemed appropriate.
6.014.924 Recommendation of Child Care Manager and Intake Child Welfare
Manager to the Assistance Payments Manager and Child Welfare Manager
The Child Care Manager and the Intake Child Welfare Manager will present to
the Assistance Payments Manager and Child Welfare Manager their findings and
their recommendation to deny or terminate a fiscal agreement. The
documentation to be provided to the Assistance Payments Manager and Child
Welfare Manager will include:
A. The applicant's information gathered under Section 6.014.922, Item A.
B. The Child Care Manager's and Intake Child Welfare Manager's
consideration and evaluation of Section 6.014.922, Item B.
C. The Child Care Manager's and Intake Child Welfare Manager's
recommendation(s).
6.014.925 Recommendation of Assistance Payments Manager and Child Welfare
Manager
The Assistance Payments Manager and the Child Welfare Manager will review
the Child Care Manager's and the Intake Child Welfare Manager's findings and
recommendations,proposed course of action(s)recommended. The two
Managers will propose course of action(s) that may be implemented by the
Director. These proposed actions may include denial of an applicant,training or
other related remedy or recommendations.
6.014.926 Transmittal to Director
A. The Director will receive the findings,recommendation(s), and
remedy(ies)provided by the Child Care Manager, Intake Child Welfare
Manager and by the Assistance Payments Manager and the Child
Welfare Manager.
B. The Director will review the findings,recommendations(s) and
remedy(ies)and determine if an action of denial or termination of the
fiscal agreement is warranted because of:
1. Legally Exempt Applicants: Failure to comply or meet the
standards outlined in Section 6.014.92 through Section
6.014.925 of the Department's Operations Manual.
2. Legally Exempt Providers:
a. Failure to comply with fiscal agreement Provisions.
b. Discovery, after a fiscal agreement was issued and
entered into,that he or she was subject to Section
6.014.92 through Section 6.014.925 of the Department's
Operations Manual.
c. When a one-time action subjects children and youth to
an unsafe and injurious environment.
6.014.927 Director Decision
A. The Director, or designee, will review all the facts presented and, if
applicable, do further investigation of facts.
B. If the Director, or designee, concludes that action is appropriate, the
Director may:
1. Deny a fiscal agreement to the applicant.
2. Terminate the fiscal agreement of the provider.
3. Establish a corrective action.
C. The Director, or designee, will provide a written notice of the decision as
follows:
1. Legally Exempt Applicant: A written notice,by mail or hand
delivered,regarding a refusal to enter into a fiscal agreement
with an applicant.
2. Legally Exempt Provider: A written notice to terminate a
fiscal agreement after 30 calendar day notice by mail. The
Department has the authority to terminate a fiscal agreement
without advance notice if a child's health or safety is endangered
or if the provider is under a negative licensing action.
D. The Director's written notice will include:
1. The Department's authority to terminate such fiscal agreement
and will include citations from Volume 3, Section 3.913.3, A,
Colorado Department of Human Services Staff Manual, and
Section 6.014.9 of the Department's Operational Manual.
2. A statement of factual allegations.
3. Advisement,pursuant to Volume 3, Section 3.905, D, Colorado
Department of Human Services Staff Manual, that the applicant
or provider may have the opportunity to an informal conference
with the Director to why he or she feels the Department should
approve or continue the fiscal agreement.
6.014.93 Negative Fiscal Agreement Actions for Licensed Child Care Providers
6.014.931 Review of Negative Licensing Issues and Institutional Abuse Investigations
A. The Child Care Manager and the Intake Child Welfare Manager will
review monthly documentation from the State Licensing Office
regarding negative licensing actions or citations of Licensed Child Care
Homes and Centers. Such information may include,but not limited to:
1. State licensing reports and corrective action update reports.
2. Outside agency contact information.
3. Renewal information received through the fiscal agreement
process with the Department.
4. Parent, caseworker, and other contact sources and reports.
B. A monthly meetings will be conducted at the Department to review
institutional abuse investigations and negative licensing actions with the
Department staff, Colorado State Department Licensing staff,and
Contracted Licensing Specialists.
C. Based on the information received through Section 6.014.931, A and B,
the Child Care Manager and the Intake Child Welfare Manager will
determine if safety issues exist for children with a Licensed Child Care
Home or Center and develop appropriate recommendations for remedy.
6.014.932 Denial or Termination of Fiscal Agreement with Licensed Providers
A. A licensed provider shall be denied or have a fiscal agreement terminated
by the Department as follows:
1. The provider's license has been revoked or under licensing
restrictions in the State of Colorado to operate as a child care
home or center.
2. The licensed provider is found culpable of moderate, or severe
abuse, or neglect of a child in their care as provided under
Volume 7, 7.202.6 (F) and 7.202.602, Colorado Department of
Human Services Staff Manual.
3. The licensed provider fails to complete a criminal background
check on an employee as provided under Section § 26-6-104(7)
C.R.S.
4. The licensed provider, as a mandated reporter, fails to report an
incident of known or suspected child abuse or neglect to the
Department or local law enforcement. Section § 19-3-304,
C.R.S.
5. The licensed provider does not comply with recommendations of
the Department or State institutional abuse investigations that
leads to abuse or neglect of a child in their care.
6. Failure to comply with the provisions of the Fiscal Agreement.
B. The licensed provider may have a fiscal agreement denied or terminated
by the Department as follows:
1. The licensed provider has a record of allegations or incidences as
identified under Section 6.014.931.
2. The licensed provider has a history of incorrect and/or inaccurate
billings whether intentional or unintentional or has a criminal
history of fraud and fiscal mismanagement.
3. The licensed provider has not be successful in completing
corrective action plans or remedial measures with the
Department.
6.014.933 Evaluation of Licensed Child Care Providers Under Section 6.014.932, B.
The Child Care Manager and Intake Child Welfare Manager or designees will
evaluate licensed providers through steps A and B.
A. The licensed provider is required to provide information as follows:
1. A typed or printed statement concerning the incident or reasons
to the licensed provider's failure to comply with fiscal agreement
provision(s).
2. A copy of the police report,if appropriate.
3. A certified statement from the District Attorney's Office
regarding disposition of the case, if appropriate.
4. If a corrective action plan was required, a written statement or
documentation from State Licensing Office, regarding the
disposition of the corrective action plan.
B. The Child Care Manager and the Intake Manager or designees will
consider and evaluate conditions 1 through 4 for licensed providers.
1. How long the licensed provider has gone without a re-occurring
or new incident.
2. When the incident occurred and to what extent were children
present and involved.
3. Whether the licensed accepts responsibility for the activity and
identifies how the situation could have been handled
appropriately. Whether the provider accepts responsibility for
his or her failure to comply with fiscal agreement provision(s)
and identifies how the situation could have been handled
appropriately.
4. Any collateral information gathered, if deemed appropriate.
6.014.934 Recommendation of Child Care Manager and Intake Child Welfare
Manager to the Assistance Payments Manager and Child Welfare Manager
The Child Care Manager and the Intake Child Welfare Manager will present to
the Assistance Payments Manager and Child Welfare Manager their findings and
their recommendation to deny or terminate a fiscal agreement. The
documentation to be provided to the Assistance Payments Manager and Child
Welfare Manager will include:
A. The applicant's information gathered under Section 6.014.932, Item A.
B. The Child Care Manager's and Intake Child Welfare Manager's
consideration and evaluation of Section 6.014.932,Item B.
C. The Child Care Manager's and Intake Child Welfare Manager's
recommendation(s).
6.014.934 Recommendation of Assistance Payments Manager and Child Welfare
Manager
The Assistance Payments Manager and the Child Welfare Manager will review
the Child Care Manager's and the Intake Child Welfare Manager's findings and
recommendations,proposed course of action(s)recommended. The two
Managers will propose course of action(s)that may be implemented by the
Director. These proposed actions may include denial of an applicant, training or
other related remedy or recommendations.
6.014.935 Transmittal to Director
A. The Director will receive the findings, recommendation(s), and
remedy(ies)provided by the Child Care Manager,Intake Child Welfare
Manager and by the Assistance Payments Manager and the Child
Welfare Manager.
B. The Director will review the findings,recommendations(s) and
remedy(ies) and determine if an action of denial or termination of the
fiscal agreement is warranted because of:
1. Failure to comply or meet the standards outlined in Section
6.014.932 through Section 6.014.933 of the Department's
Operations Manual.
2. Failure to comply with fiscal agreement Provisions.
3. Discovery, after a fiscal agreement was issued and entered into,
that the licensed provider did not meet the standards outlined in
Section 6.014.932 through Section 6.014.933 of the
Department's Operations Manual.
4. When a one-time action subjects children and youth to an unsafe
and injurious environment.
6.014.936 Director Decision
A. The Director, or designee,will review all the facts presented and, if
applicable, do further investigation of facts.
B. If the Director, or designee, concludes that action is appropriate, the
Director may:
1. Deny a fiscal agreement to the applicant.
2. Terminate the fiscal agreement of the provider.
3. Establish a corrective action.
C. The Director, or designee,will provide a written notice to terminate a
fiscal agreement after 30 calendar day notice by mail. The Department
has the authority to terminate a fiscal agreement without advance notice
if a child's health or safety is endangered or if the provider is under a
negative licensing action.
D. The Director's written notice will include:
1. The Department's authority to terminate such fiscal agreement
and will include citations from Volume 3, Section 3.913.3, A,
Colorado Department of Human Services Staff Manual, and
Section 6.014.9 of the Department's Operational Manual.
2. A statement of factual allegations.
3. Advisement, pursuant to Volume 3, Section 3.905, D, Colorado
Department of Human Services Staff Manual,that the applicant
or provider may have the opportunity to an informal conference
with the Director to why he or she feels the Department should
approve or continue the fiscal agreement.
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