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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20012666.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 26th day of September, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EL ATTEST: Atli ,/ �i EXCUSED DATE OF SIGNING (AYE) M. J. Geile, C air Weld County Clerk to `� = • 'N ��Q ��� BY: Cam, Glenn Va m Deputy Clerk to the Board--- 'C /14 m H. Jerke APP.ROV AS TO M: cw C .� . Long f U 4 LfntyAttorne Robert D. Masd-n 2001-2666 Lj .: 65 SS0028 } At. b DEPARTMENT OF SOCIAL SERVICES PO BOX A GREELEY,CO 80632 • WEBSITE:www.co.weld.co.us Administration and Public Assistance(970)352-1551 C. Child Support(970)352-6933• COLORADO MEMORANDUM TO: M. J. Geile, Chair Date: September 20,2001 Board of County Commissioners FR: Judy A. Griego, Director, Social Services b0t a q.t.,yw RE: Revision to Section 2.000, Social Services ivision Policies and Procedures,Weld County Depai tment 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. The major revisions to Section 2.000 are as follows: 1. Clarify procedures regarding clothing allowances for foster children. The Department requests approval of written procedures to clarify the Board's intent to provide clothing allowances for foster care children placed only in County Certified Foster Care Homes. Current language in the written procedures is not clear regarding the Board's original intent. Reference: Section 2.321.11 (G). 2. Revise subsidized adoption review procedures. A. Provides for a clearer definition of"special needs child". For purposes of calculating an adoption subsidy, the Department requests approval of a clearer definition of"special needs child". Reference: Section 2.324(D) and(E). B. Clarifies procedures to discontinue an adoption assistance payment or assess a foster care parental fee from adoptive parents whose child is placed into the custody the Department for out of home placement. The Department requests approval of written procedures to discontinue state/county adoption assistance payments or to assess a foster care parental fee for those adoptive parents with an approved Federal IV-E adoption assessment payment. These procedures would become effective when an adoptive parent's child is taken into the custody of the Department of an out of home placement. The same procedures will be used within the annual review process with adoptive parents 2001-2666 for renewal of an adoption subsidy. Reference: Section 2.324(E) and(J) and Section 2.324.32. 3. Formalize internal procedures to review children who are freed for adoption among Legal Services,Resource Services, and Ongoing Child Protection Units. The Department requests approval of written policies and procedures to review periodically, through consultation and staffing, the plan for each child who has been freed for adoption. Reference: 2.704.4 (A) and(B). 4. Refines procedures regarding the contract process between the Department and providers for out of home placement services. The Department requests approval of procedures to provide additional oversight regarding the current requirement that all children placed in out of home placement have a placement agreement between the Department and the provider. Reference: 2.902.22 (F)—(H). If you have any questions,please telephone me at extension 6510. Social Services Division Policies and Procedures 2.320 Provider Reimbursement Effective 1/1/01 The Department has established rates for payments to providers. These rates are similar to the State determined reimbursement for specific types of facilities. The Department provided an approximate 4% cost of living increase effective January 1, 2001. These provider reimbursement rates as described in Section 2.316 through 2.325.12 do not include rate changes for Child Placement Agencies (CPAs), RTCs, or RCCFs. RTC treatment costs and the CHRP program are not negotiable by counties. 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 1/01/01 According to the following table, the Department will reimburse for the care provided by 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 11 Personal Respite Age of Food Clothing Shelter Education Supplies & Flat Care Child Allowance Grant 2/ Allowance 3/ 0 Mos. to $131 $58 $158 $ 8 $50 $405 $20 10 Yrs. 11-14 Yrs. $152 $58 $158 $16 $64 $448 $20 15-21 Yrs. $161 $60 $169 $22 $67 $479 $20 1/ The rates established by the Department will be reimbursed within the available appropriation. The rates effective January 1, 2001, reflect an approximate 4%cost of living increase. adm\manss.jag • Social Services Division Policies and Procedures 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. County Certified foster homes are paid the basic rate, plus an additional Respite Care Allowance of$20. 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 $20 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. adm\manss.jag Social Services Division Policies and Procedures 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 tuberculosis testing is at a cost of$55 per person or less in the County Certified Foster Care Home, excluding the foster child/ren. The maximum reimbursable amount under the contract for a calendar year is $11,000. 2.321.11 County Certified Foster Care Rate is the Basic Maintenance Rate for All Foster Care Facilities Effective 1/1/99 A. The County Certified Foster Care Rate is a flat grant that pays for the basic maintenance needs for a child placed in any foster care facility. The basic maintenance needs include food, clothing, shelter, education, personal supplies and allowance. Effective 1/1/99 B. A Respite Care Allowance is paid for each child placed in a County Certified Foster Care Home or a Child Placement Agency, and in certified kinship care homes. It is not paid to a Specialized Group Home or Center, or for Independent Living. Effective 1/1/99 C. The County Certified Foster Care Rate is used as the basic maintenance rate (flat grant portion) when computing the rate in Receiving Homes, Group Homes/Centers, Independent Living and Subsidized Adoption Homes. Effective 1/1/99 D. Foster Care facilities are reimbursed by the Department as stated in Colorado State Rules, Volume VII, and according to this Weld County Manual. Facilities must be licensed or certified in order for the Department to be reimbursed by the State. The foster care facilities are reimbursed for the day in which the child is placed in the home, but are not reimbursed for the day the child leaves it, unless the child was placed and removed on the same day. Effective 1/1/99 E. All certified foster care facilities will sign and use the relevant provider contract when they are certified and recertified. Effective 1/1/99 F. When a child is placed, the information shall be entered on the CWS-7B Child Placement Log by the Department caseworker and the provider and copies of the updated log shall be maintained in the provider file and by adm\manss.jag Social Services Division Policies and Procedures the provider of the facility. Revised 8/01 G. An annual clothing allowance of$200 maybe made at the time of placement out of the home to ensure that the child has an adequate beginning wardrobe and annually thereafter for the primary purpose of preparing the child for the initial start of the school year. A clothing allowance is the property of a specific child who is in the custody of the Department and is to be spend for the benefit of that child only. All clothing purchased with these funds must follow the child upon discharge from the foster home. Admission and discharge clothing inventories, with the exception of expendable items, e.g. diapers, may be requested by the Department. Original receipts must accompany any claims for reimbursement. If a child's wardrobe is lost, stolen, or destroyed, the Department may again approve an additional clothing allowance, the reason for which shall be thoroughly documented in the child's record. The clothing allowance may be made for children in County certified foster care homes, when the Department has legal authority for placement, and expressly pre-approved in writing by the Director. Added 5/00 H. Transportation reimbursement is available to foster parents as mileage reimbursement. The mileage reimbursement for visitation must be: 1. For mileage not covered by other resources. 2. For non-Medicaid mileage when the foster parents are not involved in family counseling. 3. Limited to out-of-county travel. 4. In-county travel as approved for special circumstances with prior approval of the casework's supervisor. 5. Reimbursed at 30.5 cents per mile from case services mileage. 2.321.12 Temporary Absence Effective 1/1/99 The Department, as allowed by the State Department, will reimburse a foster care facility for a period not to exceed seven days of a child's temporary absence from a foster care facility. Only one such seven-day reimbursement will be made for absences that occur within 30 calendar days. For children enrolled in the Children's Habilitation Residential Program Waiver, the Department, as allowed by the State Department, will reimburse the foster care facility for all absent days. 2.321.13 30-Day Absence Leave Due to Hospitalization adm\manss.jag Social Services Division Policies and Procedures When a child is absent due to hospitalization and if the plan is for the child to return to the foster care facility immediately following the hospitalization, and if the Department documents in the child's record the fact that the bed space will be kept open for the child during the absence, the foster care facility may be paid its full regular rate during the first 30 days of hospitalization. In cases of children enrolled in the Children's Habilitation Residential Program Waiver, the Department may pay the full daily rate for medical services, approved by the Waiver Administrator for days 15 through 30 only. The provider of these children will be receiving the equivalent of the maximum Federal SSI monthly benefit that will assist to defray expenses for the first fourteen days of hospitalization. At the end of 30 days, the child's situation will be documented in writing to the Foster Care Program Manager to obtain approval to continue to hold the space in the facility. Approval of continued reimbursement will be reviewed by the State Department. The State Department will notify the Department of the State's decision. adm\manss.jag Social Services Division Policies and Procedures 2.324 Subsidized Adoption Reimbursement Revised 9/24/01 A. The maximum subsidized adoption reimbursement that the Department will pay, in monetary reimbursement, to adoptive parents is the County Certified Foster Care basic maintenance rate, 1. plus the special needs rate for an age group, if appropriate. 2. minus Social Security payments on behalf of the child. B. Available public programs and insurance benefits for which the child is eligible shall be used first to address the child's needs before subsidized adoption payments are used. C. In addition to the monetary reimbursement, paid to the adoptive parents as an adoption subsidy, the Department may also purchase services on behalf of the child. This assistance will include any assistance, excluding Medicaid, intended to help, or remove barriers to, the adoption of children with special needs. The Department will consider the monetary value of these services when negotiating the amount it will pay, in monetary reimbursement, to adoptive parents as an adoption subsidy. The services that may be considered for this purpose include, but are not limited to: 1. Special Circumstances Child Care as described in Section 2.801 2. Core Services Program as described in Section 2.802 3. Case Services Reimbursement. D. A special needs child is defined in Colorado Department of Human Services, Volume VII, Section 7.203.22(E) and C.R.S. § 26-7-101(2). If a child meets the "special needs" criteria, Weld County does not differentiate in the amount or kind of subsidy offered to IV-E eligible and state-county subsidy-eligible children. E. The Department will negotiate with the subsidized adoptive parents for a rate for the age group and will renegotiate this rate at the time of each annual review. If it is determined that there is no current need for a cash payment for a special needs child, a dormant subsidy will be established. Long term subsidies, including dormant subsidies, are reviewed annually. This annual review is to determine if the amount and/or kind of subsidy is still appropriate given the child's needs and the circumstances of the parents. Documentation of any change of circumstance will be required. The Department will not pay adoption subsidy funds for any child 18 years of age or over, except for a child with certain developmental or Adm\manss46.jag Social Services Division Policies and Procedures physical disabilities up to age 21, as determined at the time the adoption subsidy is first established. F. The adoption assistance subsidy is a payment made directly to the family to partially assist with expenses related to the child given the circumstances of the adoptive parents. The adoptive parents are not required to account for how the money was spent. G. Weld County DSS will terminate adoption assistance payments for subsidized adoption when: 1. The family requests payments end; or, 2. Child reaches age 18 or age 21, if the county has determined that the child has a developmental or physical disability which warrants continuation of assistance; or, 3. The adoptive parent(s) are no longer legally responsible for the support of the child; or, 4. The child is no longer receiving any support from the adoptive family; or, 5. The county of responsibility verifies the child's death, or marriage; or, 6. The child is removed from the adoptive home because of abuse or neglect. H. If the adoptive parents are receiving state/county adoption assistance payments and the child is placed into the custody of the Department for an out of home placement for a duration of over 30 calendar days, the state/county adoption assistance payment will be discontinued to the adoptive parents. The state/county adoption assistance payment will not be reinstated to the adoptive parents because the child returns to the home of the adoptive parents for holidays or visits while in the child is in the custody of the Department. If the adoptive parents have an approved IV-E adoption assistance payment and the child is placed into the custody of the Department for an out-of-home placement for a duration longer than 30 calendar days, the Department will assess a parental share fee not to exceed the amount of the approved adoption assistance payment. The parental share fee will not be discontinued and the IV-E adoption assistance payment will not be reinstated because the child returns to the home of the adoptive parents for Adm\manss46.jag 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 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 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 and when Core Services resources are available. B. The caseworker completes an assessment and a case services plan. C. As a result of the assessment, the caseworker and family shall identify the 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. Adm\manss46.jag Social Services Division Policies and Procedures D. The caseworker will document the assessment in the case file and/or case services plan. E. 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. F. A continuing reassessment and documentation of the client's service needs in relationship to measurable progress to program resolution shall be done. 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 G. 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. A notice that failure to respond and set up a meeting or phone conference by that time will result on the case being put on hold - which means that other cases where there are meetings scheduled Adm\manss46.jag Social Services Division Policies and Procedures will be worked on ahead of any case on hold. If a case is put on hold, the County Negotiator will provide the Adoption Caseworker with a letter to be attached to any court letter so that the court will know the reason for the delay in finalizing the adoption. 3. A form which the adoptive parents may sign before a notary indicating that they are declining any subsidy. 4. A Special Needs Assessment Worksheet for the adoptive parent(s) to fill out and bring to the negotiations. This worksheet will outline the special needs of the child that might pose a barrier for the adoption. 5. An advisement that there must be written documentation from professionals regarding any concerns or issues with the child or children and that this documentation must be submitted to the negotiator at the time of negotiations. This documentation may take the form of letters from doctors, therapists, or other professionals. The letter will also advise that any negotiations will be postponed until this documentation is available. 6. An advisement that the adoptive parents may be represented at the meeting at their own cost if they so desire. C. The County Negotiator will meet with the parent(s) at the scheduled time. The County Negotiator will do the following: 1. Review the Weld county Subsidized Adoption Informal Form (WC-A-1)with adoptive parents. 2. Inform parents of the general maximum monthly maintenance subsidy amounts and services available if a child qualifies. 3. Go over the special needs assessment form with the adoptive parents. Unless the form is filled out completely and/or all professional documentation is provided, the meeting may be stopped and rescheduled by the County Negotiator until that material is provided by the adoptive parents. 4. The County Negotiator will match the special needs identified for the child or children according to Rule 2.324 of the Weld County Department of Social Services Manual and Volume VII of the Colorado Department of Human Services and will determine the type and/or amount of subsidy which the Department will offer. Depending on how complicated the issues are, this determination Adm\manss46.jag Social Services Division Policies and Procedures may occur at the meeting or by letter after the meeting. In either case, the County Negotiator will offer or mail an Adoption Subsidy Information Acknowledgment form WC-A-2 outlining the subsidy offer. Note that this offer is not binding on the Department until it is approved by the Director of Social Services. D. If there is agreement, the adoptive parents will indicate their agreement with the subsidy offered by signing the Adoption Subsidy Information Acknowledgment form and returning it to the County Negotiator. The signed Adoption Subsidy Information Acknowledgment form will be given to the Adoption Caseworker. The adoption caseworker will prepare the CW-SA-3 for an initial adoption subsidy or the CW-SA-4 form for renewal of adoption subsidy based on the agreement and mail this to the adoptive parent(s) for their signature. E. If no agreement is reached, the County Negotiator will present his/her recommendations to the Resources Services Manager. A determination of whether to attempt to renegotiate or to refer the matter will be made promptly by the Resources Services Manager in consultation with the Social Services Administrator. This decision will be made within 14 days of the date the County Negotiator refers the matter to the Resource Services Manager. The adoptive parents shall be notified by letter from the Resource Services Manager if the decision is to continue negotiations. 1. When the determination is made that no further negotiations will take place, the adoptive parents shall be advised of the Department's final offer in a letter from the Director of Social Services. Their appeal rights and the process for appeal to an administrative law judge (ALJ) working for the Colorado Department of Human Services shall also be set out in the letter. A copy of the Adoption Subsidy Information Acknowledgment form will also be attached. If it is returned with signatures, the County Negotiator will proceed as in Step D. F. If, at any time, the parents request the presence of an attorney at negotiations, the County Negotiator may request that an Assistant County Attorney be present. G. Subsidy applications and renewal forms are not considered final until signed by the Weld County Director of Social Services. 2.324.32 Subsidy Renewal Negotiations A. All adoption cases with subsidies shall be reviewed annually by the Adoption Caseworker. The adoptive parents shall be asked to submit Adm\manss46.jag Social Services Division Policies and Procedures documentation of current special needs. Documentation shall consist of reports or evaluations by independent professionals. B. If the adoption caseworker determines that there may be a change in circumstance, the case shall be referred to the County Negotiator. C. The County Negotiator shall then follow the procedures as set out in the initial subsidy negotiations to determine the amount of subsidy. Documentation shall consist of reports or evaluations by independent professionals. D. Subsidy applications and renewal forms are not considered final until signed by the Weld County Director of Social Services. E. Appeal procedures are as set out for initial subsidy negotiations above. Adm\manss46.jag al DEPARTMENT OF SOCIAL SERVICES PO BOX A GREELEY,CO 80632 ID IWEBSITE:www.co.weld.co.us Administration and Public Assistance(970)352-1551 VI C. Child Support(970)352-6933 COLORADO WELD COUNTY SUBSIDIZED ADOPTION INFORMATION FORM This document is intended to answer"Frequently Asked Questions" about Subsidized Adoption. It is not intended to be a substitute for legal advice. If you have specific questions about an issue, the caseworker or county negotiator may be able to explain further but it is recommended that you seek legal advice from your own attorney if questions remain. SUBSIDIZED ADOPTION Colorado operates two subsidized adoption programs: The Title IV-E program (IV-E) and the state and county- only program. The federal government participates in adoption assistance payments on behalf of children who meet the eligibility criteria for the Title IV-E program. The state and county participate in adoption assistance payments on behalf of children who do not qualify for the IV-E program. Under the IV-E program, if a child is eligible, the state (through the county department) is required to enter into an adoption assistance agreement with the adoptive parents of a child with special needs (as defined in section 473© of the Foster Care Independence Act of 1999). This agreement must be signed by all parties before an adoption takes place. The assistance can be waived by the adoptive parents but they must do so in writing. If an agreement cannot be reached (including whether the child is IV-E eligible), the agency determines the amount of subsidy and the adoptive parents are entitled to a"fair hearing" in front of an administrative law judge if they continue to dispute the amount. There are time limits and other requirements for that appeal and adoptive parents should consult with an attorney if they have questions. In addition, Medicaid is available to all adopted children with special needs who have either kind of subsidized adoption agreement. Children who meet the criteria to be considered "special needs" for adoption are also eligible to receive non-recurring adoption expenses such as reimbursement for attorney and legal fees up to $800. Children who have been placed for adoption and have met the "special needs" criteria are eligible for the subsidy as if they had already been adopted. Weld County DSS determines the amount and kind of subsidy based on the needs of the child without regard for IV-E eligibility. Adoptive Parent Initial Adoptive Parent Initial WC-A-I • Subsidized Adoption FAQ's Page 2 SPECIAL NEEDS CRITERIA A child is considered to have "special needs" for the purposes of an adoption subsidy if: 1. The State has determined that the child cannot or should not return to their parents; and 2. There are factors such as the child's age, membership in a minority or sibling group, and/or if there are medical conditions, or physical, mental or emotional handicaps which would make it reasonable to conclude that the child could not be placed for adoption without adoption subsidy or medical assistance. Each child is considered individually and a combination of factors may be required for a determination that any particular child has special needs; and 3. The state must make a determination that there has been a reasonable,but unsuccessful, effort to place the child for adoption without a subsidy. The only exception to this "unsuccessful effort"requirement is when it would not be in the best interests of the child because of factors such as a significant emotional tie with foster parents. Examples of factors which would be considered as requiring a subsidy: 1. Physical disability(such as hearing, vision, or physical impairment; neurological conditions; disfiguring defects; and heart defects). 2. Mental retardation (such as developmental delay or disability, perceptual or speech/language disability, or a metabolic disorder). 3. Emotional Disturbance. 4. Hereditary factors that have been documented by a physician or psychologist. 5. High Risk Infants (such as HIV-positive, drug-exposed or alcohol exposed in utero). 6. Other conditions that act as a serious barrier to the child's adoption. Conditions may include but are not limited to a healthy child over the age of seven, membership in a minority group, or a sibling group that should remain intact. 'Adoptive Parent Initial nrAdoptive Parent Initial Subsidized Adoption FAQ's Page 3 TYPES OF CASH ADOPTION ASSISTANCE SUBSIDIES: 1. Maintenance Payments: A maintenance subsidy payment is made directly to the family to compensate for expenses related to the child that are beyond the financial resources of the family. The maintenance subsidy cannot exceed the monthly maintenance foster care rate which would have been paid if the child had been in a Weld County foster home. Those rates vary by the age of the child and are adjusted periodically. The monthly respite care that is provided under the foster care program is not a benefit under the subsidy program. If a child is receiving a developmental delay/physical handicap allowance in addition to the foster care payment at the time he/she is placed for adoption, the developmental delay/physical handicap allowance may continue under the subsidy program if the child continues to meet the subsidized adoption criteria. Once an adoption assistance agreement is in place, the adoptive parents are free to spend the money without further agency approval or oversight. The amount of the assistance may be adjusted periodically if the family's or child's circumstances change but only with the agreement of the adoptive family if it is a IV-E subsidy. The circumstances which allow termination or reduction of the subsidy are discussed below. Adoptive parents are responsible for notifying the county if circumstances change which would make them ineligible for such assistance payments. Weld DSS administers the following types of monetary adoption assistance subsidies: A. Long-Term Subsidy - to partially meet the everyday needs of the child. The payment that is agreed upon should combine with the parents' resources to cover the ordinary and special needs of the child. The circumstances of the adopting parents must be considered together with the needs of the child. However, families with the same incomes or circumstances will not necessarily receive the same amount since each child is unique. Termination or reduction in the amount is discussed below. There may be automatic increases (when the maintenance foster care rate is increased) or, if the subsidy was not at the maximum, there may be negotiated increases if documentation is provided that the situation justifies it. If a child goes into out of home placement which the county pays for, Weld County may seek to assess the adoptive parents a fee up to the amount of the subsidy. B. Time-Limited Subsidy - To partially meet the everyday needs of the child for a specified period. These are start-up costs for those things that children placed for adoption do not always have, such as sufficient clothing or day care before a child is of school age. This subsidy partially covers unmet needs that are time limited and non-renewable. r Adoptive Parent Initial orAdoptive Parent Initial Subsidized Adoption FAQ's Page 4 C. Dormant Subsidy -No monetary adoption assistance payment is provided while dormant. Weld DSS will document special needs for the child in the services record and in the automated system that the potential need for a financial subsidy exists and may need to be activated at a future time. Documentation will have to be provided before a dormant subsidy is activated. If the child goes into county-paid placement, the adoptive parents will not be assessed a fee unless their subsidy is activated (i.e. if they are not receiving money, they won't be charged a foster care fee). 2. Non-Recurring Adoption Expenses Reimbursement for the following recurring adoption expenses is available to parents adopting children with special needs. There is an $800.00 ceiling for non-recurring adoption expenses. 1. Legal fees. 2. Adoption fees. 3. Other expenses related to the legal adoption of the child. 3. Reimbursable and Non-Reimbursable Subsidized Adoption Case Services Case services are a type of purchased program service that support a case plan for children in subsidized adoptions. Case services are provided to meet a child's special needs identified when the child is placed for adoption and which are not covered by the adoption assistance or Medicaid subsidies. EXAMPLES OF REIMBURSABLE EXPENSES: A. Medical 1. Orthodontia a. Cosmetic reasons - not reimbursable. b. Special needs directly related to the reason for which the child was classified as special needs, e.g. cleft palate or injury related to an abuse will be reimbursable. 2. Eye Glasses Payment for eye glasses or contacts related to the child's special needs identified at the time of the initial subsidized adoption agreement are reimbursable. Adoptive Parent Initial Adoptive Parent Initial Subsidized Adoption FAQ's Page 5 3. Special Therapies - Speech, Occupational, Physical If not available through other community and family resources - reimbursable. School-age children should receive these services through the school system. 4. Medication a. Routine that is not related to the child's special needs - not reimbursable. b. If related to child's special needs - reimbursable. The medication must be prescribed by a licensed physician and related to the special need identified at the time the child was approved for subsidized adoption. 5. Special Equipment Special medical needs/equipment, as prescribed by a physician may be reimbursable. For severely physically-challenged children, special exceptions should not exceed $2,000 without a supervisor's written authorization. B. Psychological Services 1. Time-limited out-patient therapy for children living in states that do not accept Medicaid for this service - reimbursable, if related to the child's special needs and a written plan is obtained from the service provider which contains: a. Diagnosis. b. Prognosis c. Length of service. d. Individuals who will be seen in therapy. e. A cap on the amount of money to be spent for the psychological exam or therapy. f. Frequency of contact (i.e., once a week, twice a month, etc.) g. Type of therapy being provided(i.e. individual, group, family, etc.) 2. Day treatment - not reimbursable. 3. Residential child care facility- not reimbursable. 4. In-patient psychiatric hospitalization -not reimbursable. (Children who are Medicaid eligible may receive some in-patient psychiatric services under the Medicaid Program.) Adoptive Parent Initial Br Adoptive Parent Initial Subsidized Adoption FAQ's Page 6 C. Educational Costs 1. Tutoring- not reimbursable. 2. School tuition - not reimbursable. If the family wants the child to remain in his/her current private school placement, this is an expense for which they are responsible. D. Respite and Day Care 1. Respite Care - reimbursable 2. Day Care -not reimbursable except for IV-E children. If day care services are needed and the child is IV-E eligible at the time of adoption, the family should be referred for day care services as they are eligible for Title XX services. E. Other Subsidies A subsidy may be provided for a specified time to provide needed services, such as transportation to facilitate adoptive placement. F. Limitations on Medical Subsidies 1. Medical subsidies are payments made directly to adoptive parents for a service already received or to a vendor for treatment of a physical or developmental disabilities or an emotional disturbance. A medical subsidy shall relate directly to the barrier or barriers identified at the time the initial subsidy is approved. 2. Medical subsidies can only be used for Medicaid cases if the service requested is something that would not be covered under the State Medicaid Plan and relates to the direct barrier/need identified at the time the child is placed for adoption. 3. Medical subsidies are not available for treatment of any physical or developmental disability or emotional disturbance diagnosed after finalization of the adoption. 4. Medical subsidies may be used to supplement any other available resource such as an adoptive family's private insurance that pays part but not all for the child's treatment (physical, mental, and emotional). 'Adoptive Parent Initial Adoptive Parent Initial Subsidized Adoption FAQ's Page 7 5. Subsidized adoption payments for medical services shall reflect the reasonable costs of those services in the child's community. G. Termination of Subsidy Weld County DSS will terminate adoption assistance payments for subsidized adoption when the: 1. Family requests payments end; or, 2. Child reaches age 18 or until age 21, if the county has determined that the child has a developmental or physical disability which warrants continuation of assistance; or, 3. Adoptive parent(s) are no longer legally responsible for the support of the child; or, 4. Child is no longer receiving any support from the adoptive family; or, 5. County of responsibility verifies the child's death, or marriage; or, 6. Child is removed from the adoptive home because of abuse or neglect. H. Reduction or Discontinuance of Subsidies if a Child Goes into Foster Care 1. If the adoptive parents are receiving state/county adoption assistance payments and the child is placed into the custody of the Department for an out of home placement for a duration of over 30 calendar days, the state/county adoption assistance payment will be discontinued to the adoptive parents. The state/county adoption assistance payment will not be reinstated to the adoptive parents because the child returns to the home of the adoptive parents for holidays or visits while in the child is in the custody of the Department. 2. If the adoptive parents have an approved IV-E adoption assistance payment and the child is placed into the custody of the Department for an out of home placement for a duration longer than 30 calendar days, the Department will assess a parental share fee not to exceed the amount of the approved adoption assistance payment. The parental share fee will not be discontinued and the IV-E adoption assistance payment will not be reinstated because the child returns to the home of the adoptive parents for holidays or visits while the child is in the custody of the Department. Subsidized Adoption FAQ's Page 8 I. Right to Appeal 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 and may be represented by counsel. When either state or federal law requires or results in a reduction or deletion of services, no hearing is required. See C.R.S. § 26-7-107 and Code of Federal Regulations for more information. 2. Examples of issues which may be appealed: a. Relevant facts regarding the child were known by Weld County DSS and were not presented to the adoptive parents prior to finalization of the adoption. b. Denial of assistance based on a means test of an adoptive family. c. Disagreement with the determination on whether the state is eligible for adoption assistance. d. Failure to advise the adoptive parents that adoption assistance available. e. Decrease in the amount of adoptive assistance without the agreement of the adoptive parents. f Denial of a request for change in payment level due to a change in the adoptive parents circumstances. 3. A successful appeal can reverse the decision and if the child meets all eligibility criteria, IV-E subsidies are available starting with the earliest date the child became eligible. "Adoptive Parent Initial nt'Adoptive Parent Initial Weld County Department of Social Services Adoption Subsidy Information Acknowledgment 1. Adoption Expenses - (Check One) Eligible Ineligible Non-Recurring Adoption Expenses (applicable for initial agreement only) There is an $800 ceiling for non-recurring adoption expenses for legal fees, and adoption fees. 2. Medicaid - (Check One) Eligible Ineligible Type: Title IV-E Medicaid State/County Only Medicaid 4. Adoption Assistance Payment - (Check One) Eligible Ineligible Type: Title IV-E State/County Only A. Time-Limited $ B. Long-Term (ongoing) $ C. Dormant: (Indicated by-0- amount.) $ There is no present need for a subsidy. However, due to a need or condition which is documented prior to finalization of the adoption, the need for an adoption subsidy may arise in the future. Activation of a dormant subsidy is subject to the same documentation requirements as are required for an initial subsidy. 5. Other Services One-time Ongoing Type/Description: I/We do hereby acknowledge receipt of the following information on an adoption subsidy and agree that we discussed an adoption subsidy with the county negotiator and have AGREED/DISAGREED on the above information, relative to adopting Adoptive Parent Signature Date Adoptive Parent Signature Date County Negotiator Signature Date WC-A-2(5/00) CW-SA-3 Weld County Department of Social Services PO Box A, Greeley ,CO 80632 INITIAL SUBSIDIZED ADOPTION AGREEMENT This agreement has been entered into by and between the Weld County Department of Social Services,hereafter called the"Department" and thereafter called the"Adoptive Parent(s)"of_DOB:_ Adoptive Parent(s)address: ADOPTIVE PARENT'S OBLIGATIONS: A.The adoptive parents represent that they intend to adopt a child now under the legal custody of the Weld County Department of Social Services and that they would be unable to adopt such a child because of the child's special needs,without adoption assistance payments from Title IV-E or State/County Only funds and/or services for the child under Titles XIX Medical Services and XX Social Services from the time of placement. B. The adoptive parent(s) agree to cooperate with the Department by submitting annual reports on forms supplied by the Department, notifying the Department within two weeks after any of the following events: change of address, the child's death, marriage, removal from the home,graduation from high school,entry into full time employment or military service. II. AGREEMENT FOR REIMBURSEMENT OF NON-RECURRING ADOPTION: Non-Recurring Adoption Expenses are one-time expenses related to finalizing a child's adoption. Reimbursement of adoption expenses shall be for the actual documented costs not to exceed the maximum amount established between the Department and the adoptive parent(s)in this agreement. The maximum amount of reimbursement for all non-recurring adoption expenses shall not exceed eight hundred($800)per child. (l)Legal Fees $ (2)Adoption Fees $ (3)Other Expenses as specified $ III. DEPARTMENT'S OBLIGATION: The Department will partially assist in expenses related to supporting the adoptive placement provided that available public programs and/or insurance benefits for which the child and/or family is eligible shall be applied first to meet such cost. Additional subsidies are not provided to cover inpatient psychiatric services, day treatment, and any type of out-of-home placement in any type of facility or educational services such as private schooling or tutoring. Complete for Title IV-E Subsidy(Fund Code 05): Medicate#: It is agreed and understood that the Department will provide: • Medical and dental services through the Title XIX Medicaid program; • Psychiatric and other counseling services(must be pre-authorized)if not using Title XIX Medicaid services; • Adoption Assistance payment as indicated below, unless otherwise noted. The Adoption Assistance payment,Title XIX Medical services and XX Social Services are available regardless of the state of residence. Families moving out-of-state will be provided with a contact in the new state using the Interstate Compact on Adoption and Medical Assistance Program;Title XIX Medical services and Title XX Social Services vary from state to state and do not include adoption assistance payments and are available to the child in accordance with the procedure of the state in which the child resides;and • Other— If you receive SSI Payments for this child it is your responsibility to inform the Social Security Administration if the child is also receiving adoption assistance payments. I. Long-term(Ongoing): $ 2. Dormant: $ Dormant means no adoption assistance payment is provided at this time; however, due to the previously described special needs, there exists the potential need for services. If there is a dormant financial subsidy will be reviewed as the subject child ages or circumstances change. (Indicate with 0 for amount.) Compute daily rate: CW-SA-3(R 2/00) 615-82-16-6031 1 riComplete for State/County Only Subsidy(Fund Code 04): Medicate#: It is agreed and understood that the Department will provide: • Medical and dental services through the Medicaid program; • Psychiatric and other counseling services(must be pre-authorized)if not using Medicaid services; •Adoption assistance payment as indicated below,unless otherwise noted;and •Other—as indicated by the attached addendum. 1. Time-Limited:(Identify time limit)Number of years_ $ 2. Long-Term:(Ongoing): $ 3. Dormant: $ Dormant means no adoption assistance payment is provided at this time; however, due to the previously described special needs, there exists the potential need for services. If there is a dormant financial subsidy will be reviewed as the subject child ages or circumstances change. (Indicate with 0 for amount.) Compute daily rate: IV. STATE FUNDED ADOPTION ASSISTANCE SUPPORT: Adoption Case Services (I) One-Time: (a)Transportation(purpose) $ (b)Other(specify): $ (2) Ongoing:: (a)Transportation(purpose): $ (b)Other(specify): $ (c)Medical Assistance Benefits(if non-Medicaid)Annual Limit(see attached) $ V. AMENDMENT AND TERMINATION: A. This agreement may be modified, amended, rescinded, or canceled at any time by mutual agreement in writing as provided in Department Rules and no oral modifications shall have effect. B. This agreement shall automatically terminate upon the child's death, marriage, the child is no longer receiving support from the adoptive parent(s), entry into full-time employment, or in military service and/or attainment of age eighteen (18), or if the county determines that the child has a mental or physical handicap,which warrants continuation of assistance's until age twenty one(21). C. This agreement shall remain in effect in the event the child and the adoptive parent(s)reside in,or move to another state or county. D. This agreement will be renewed and reviewed annually by the adoptive parent(s)and the Department. E. The Department may terminate the agreement or change the amount of the subsidy upon fifteen (15) days written notice to the adoptive parent(s),by certified mail or other method of service. Termination shall be based upon verified information showing that the subsidy is no longer needed; also upon information that the child is receiving benefits on behalf of the child under a public assistance program;and/or in the event of legal or legislative action suspending the authority of the Department to continue adoption subsidies. F. Adoptive parent(s)may appeal the agency's decision to reduce or terminate the subsidy. Such appeal will be in accordance with Rules and Regulations of the Department's appeal process. Information can be obtained from your local Department of Human/Social Services office. IN TESTIMONY WHEREOF, THE PARTIES HERETO HAVE EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, TO BE EFFECTIVE AS OF AND EXPIRATION DATE AS OF Adoptive Parent Date Adoptive Parent Date Date: County Director or Designee Weld County Department of Social Services 2 CW-SA-4 Page 1 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES 315 N.11th Ave,P.O.Box A,Greeley,CO 80632 RENEWAL OF SUBSIDIZED ADOPTION AGREEMENT AND ANNUAL REVIEW OF NEED FOR SUBSIDIZED ADOPTION This agreement has been entered in to and between the Weld County Department of Social Services, hereafter called the"Department"and ,hereafter called the"Adoptive Parent(s)"of DOB: residing at NAME OF CHILD Street(P.O.Box) City State Zip Code Phone No. ADOPTIVE PARENT'S OBLIGATIONS : A. The adoptive parent(s)certify that the adopted child(ren)remains under their care and the conditions which cause the child to be certified as eligible for subsidy continue to exist. B. The adoptive parent(s)agree to cooperate with the Department by submitting annual reports on forms supplied by the Department,notifying the Department within two weeks after any of the following events: change of address,the child's death,marriage, removal from the home,graduation from high school,entry into full time employment or military service. C. The adoptive parent(s)are aware of their responsibility to notify the County Department of Human Services immediately of any change concerning,address change,living arrangements, or other matters which might affect eligibility for, or the amount of, assistance. D. The adoptive parent(s)have the right to a county hearing and/or state appeal in the event of a denial,reduction,or termination of assistance,and in other matters for which such appeal rights exist and to retain legal counsel in connection with such hearings. E. Completed by Adoptive Parent(s): If you are requesting a change from the current subsidy due to changes in the child's needs, please describe the changed needs below. Only those needs that can be related to the barrier(s)to adoption, which existed at the time the child was placed for adoption,will be considered in determining the subsidy to be approved. Medical Benefits, if child is not a Medical Recipient. (Describe and attach a statement from the child's physician,psychiatrist, or clinical psychologist which provides current diagnosis and treatment prescribed and estimated costs, to the extent they are known.) CW-SA-4(R 2/00) 615-82-16-6049 CW-SA-4 • Page 2 II. DEPARTMENT'S OBLIGATION: The Department will partially assist in expenses related to supporting the adoptive placement provided that available public programs and/or insurance benefits for which the child and/or family is eligible shall be applied first to meet such cost. Additional subsidies are not provided to cover inpatient psychiatric services,day treatment,and any type of out-of-home placement in any type of facility or educational services such as private schooling or tutoring. n Complete for Title IV-E Subsidy(Fund Code 05): Medicaid# It is agreed and understood that the Department will provide: • Medical and dental services through the Title XIX Medicaid program; • Psychiatric and other counseling services(must be pre-authorized)if not using Title XIX Medicaid services; • Adoption Assistance payment as indicated below,unless otherwise noted. The Adoption Assistance payment,Title XIX and XX services are available regardless of the state of residence. Families relocating outside of Colorado will be provided with Interstate Compact on Adoption and Medical Assistance;Title XX Social Services vary from state to state and do not include adoption assistance payments and are available to the child in accordance with the procedures of the state in which the child resides;and • Other—If you receive SSI Payments for this child it is your responsibility to inform the Social Security Administration if the child is also receiving adoption assistance payments. 1. Long-Term:(Ongoing) $ 2. Dormant: $ Dormant means,no adoption assistance payment is provided at this time;however,due to the previously described special needs in the original subsidy agreement,there exists the potential needs for services. There is a dormant financial subsidy will be reviewed as the subject child ages or circumstances change. (Indicate with 0 for amount.) Compute Daily rate: Complete for State/County Only Subsidy(Fund Code 04): Medicaid# It is agreed and understood that the Department will provide: • Medical and dental services through the Medicaid program; • Psychiatric and other counseling services(must be pre-authorized)if not using Medicaid services; • Adoption Assistance payment is indicated below,unless otherwise noted;and • Other—as indicated by the attached addendum. 1. Time-Limited:(Identify time limit)Number of years $ 2. Long-Term:(Ongoing) $ 3. Dormant: $ Dormant means,no adoption assistance payment is provided at this time;however,due to the previously described special needs in the original subsidy agreement,there exists the potential need for services. There is a dormant financial subsidy will be reviewed as the subject child ages or circumstances change. (Indicate with 0 for amount.) Compute daily rate: IV. STATE FUNDED ADOPTION ASSISTANCE SUPPORT: Adoption Case Services Ongoing: (a) Transportation(purpose) $ (b) Other(specify) $ (c) Medical Assistance Benefits(if non-Medicaid)Annual Limit $ (List services to be paid for under Annual limit) CW-SA-4(R 2/00) 615-82-16-6049 CW-SA-4 Page 3 V. AMENDMENT AND TERMINATION: A. This agreement may be modified,amended,rescinded, or canceled at any time by mutual agreement in writing as provided in Department Rules and no oral modifications shall have effect. B. The agreement shall automatically terminate upon the child's death,marriage,entry into full- time employment, military service,completion of high school and/or attainment of age eighteen(18)or if the county determines that the child has a mental or physical handicap which warrants continuation of assistance until age twenty-one(21). C. This agreement shall remain in effect in the event the child and the adoptive parent(s)reside in, or move to,another state or county and the child continues otherwise eligible for subsidy. D. This agreement will be renewed and reviewed annually by the adoptive parent(s)and Department. E. The Department may terminate the agreement or change the amount of the subsidy upon fifteen(15)days written notice to the adoptive parent(s),by certified mail or other method of service. Termination shall be based upon verified information showing that the subsidy is no longer needed; also upon information that the child is receiving benefits on behalf of the child under a public assistance program;and/or in the event of legal or legislative action suspending the authority of the Department to continue adoption subsidies. F. Adoptive parent(s)may appeal the agency's decision to reduce or terminate the subsidy. Such appeal will be in accordance with Rules and Regulations of the Department's appeal process. G. In completing and signing this agreement,"I certify that the information is true, and accurate, and I understand legal penalties may apply if I make a willfully false statement; and I understand that the conditions of the original adoption agreement remain in effect." IN TESTIMONY WHEREOF,THE PARTIES HERETO HAVE EXECUTED THE WITHIN AND FOREGOING INSTRUMENT,TO BE EFFECTIVE AS OF AND EXPIRATION DATE AS OF Adoptive Parent Date: Adoptive Parent Date: County Director or Designee Weld County Dept.of Social Service CW-SA-4(R 2/00) 615-82-16-6049 CW-SA-4 Page 4 RIGHT OF APPEAL AND FAIR HEARING If you believe your county department has been unfair or has made a mistake concerning your eligibility, you have the right to appeal. This means you will be given a hearing by the county department or by the Colorado State Department of Administration,at which time you will be given an opportunity to present your case for a review by persons not responsible for the original to be sure the county action was a proper one. First, you should be sure the county department is fully aware of and understands all the circumstances of your case and that you understand the county department's reasons before requesting an appeal. Often questions can be settled by another talk between yourself and your worker or other staff people at the county department. If after the preliminary talks with your county department you feel the county department is wrong,you should write a letter to the: Colorado Department of Administration Division of Hearing Officers 1120 Lincoln Street Suite 1400 Denver,CO 80203 Be sure your letter includes the statement: "I want to appeal"and why. If you need helo in writing your letter to the State Department for appeal,you ask anyone you desire to help you,or talk to a legal aid officer,or ask your worker at the county to help you.. You must send your letter to appeal no later than 15 days after the county department has given you the decision with which you disagree. If you believe you have been discriminated against because of race,color,sex, age,religion,political beliefs,national origin or handicap,you have the right to file a complaint with: (1) Colorado Department of Human Services 1575 Sherman Street Denver,CO 80203 (2) The Secretary of Health and Human Services 330 Independence Avenue,S.W. Washington,D.C.20201 CW-SA4(R 2/00) 615-82-16-6049 Social Services Division Policies and Procedures 2.704.4 Case Practice for Adoption Services Revised 9/17/01 A. The Ongoing Child Protection Caseworker will prepare for the immediate transfer(30 days from the day the child is free for adoption) to the Adoption Caseworker, the case of a child who has a permanency goal of adoption and who is freed for adoption through the termination of parental rights and/or relinquishment. B. Case Consultation/staffing will be conducted by the Resource Services unit, Ongoing Child Protection Unit, and Legal Services at least quarterly, and monthly if appropriate, for children who have a permanency goal of adoption and parental rights have been terminated and/or relinquished,but have one or more conditions as follows: 1. The child's case is in the legal appeal process by the parent(s). 2. The child is not in a preadoptive home. 3. The child's case has not been transferred to an Adoption worker. 4. The child is not presently adoptable due to behavioral or medical problems C. Adoptive families will have access to Core Services whenever appropriate. D. Adoptive services will be provided to all children with an identified goal of adoption whose parental rights have been terminated if they are not in a permanent placement approved by the court, and Administrator and/or Director. E. The Department will use recruitment efforts such as C.A.R.R. photo listings, Wednesday's Child participation, newspaper ads, and other child- specific recruitment efforts, when deemed appropriate. 2.704.5 Case Practice to Achieve Permanency Revised 3/29/99 A. The caseworker will staff the case with his or her immediate supervisor to resolve the issue to access the appropriate services. B. If the caseworker and supervisor are not able to resolve the issue, the supervisor will discuss the issue before the next weekly supervisory meeting, which the Administrator attends. C. If the situation requires immediate resolution before the next available meeting, the supervisor and caseworker will make an appointment with the Administrator and/or Director to explore possible solutions. Adm\manss17.jag Social Services Division Policies and Procedures 2.902 Placement Review Committee Revised 3/10/9 The Placement Review Committee is an internal committee created by the Director. The Placement Review Committee has as its purposes to: A. Foster Care Placements: 1. Review for approval caseworker requests for placement of children and youth in more costly and restrictive foster care; i.e., out-of- state placements, residential treatment centers, residential child care facilities, etc. 2. Review for approval, at a minimum every six months, ongoing foster care placements to ensure that children are returned to their parents or the community, as appropriate. C. Special Economic Assistance: Review for approval caseworker requests for special economic assistance. D. Specialized Child Care: Review for approval caseworker requests for specialized child care. E. Child Fatality Review: Provide a complete internal administrative review of the Department's involvement in a case involving a child fatality, according to Volume VII, Section 7.202.78, B, 2. 2.902.1 Placement Review Team Composition Revised 9/24/01 A. Social Services Administrator, Chair, or designee B. Social Services Division Managers Foster Care Specialist C. Caseworker presenting child for placement or presenting a child fatality case D. Business Office/Rate Negotiator or Designee If the Social Services Administrator is absent, the Social Services Administrator or the Director will appoint a chair or waive such requirement. Adm\manss28.jag Social Services Division Policies and Procedures 2.902.2 Types of Placements Reviewed Revised 9/01 A. All requests for children or youth to be placed in any higher level care other than County Certified Foster Care Homes. These requests shall consider, at a minimum, the caseworker's proposed outcome and length of stay in the placement. B. Any request to transfer a child or youth from one higher level placement to another higher level placement. C. Children in foster care placements for six months to assess if treatment and permanency plan goals are being met. D. Any other foster care case the committee determines should be subject to follow-up or more frequent review due to the critical nature of the placement. E. Any other case the Social Services Administrator or Director may refer for review and recommendation. 2.902.21 Recommendations and Decision Authority for Placements Revised 3/29/99 A. The Placement Review Committee reviews and makes recommendations for placements. B. If a consensus on recommendations is not reached by the Placement Review Committee, the Director or designee will make the final Department decision. 2.902.22 Placement Review Procedures Revised 9/24/01 A. The Placement Review Team will meet biweekly. B. The caseworker and/or immediate supervisor presents case to the committee. C. The committee reviews and recommends approval, disapproval, or conditional approval within one day of the presentation. D. The committee documents its decision by each individual signing the Adm\Cnanss28.jag Social Services Division Policies and Procedures appropriate form and files such form in the child's case record. E. If a consensus on the committee's recommendations is not reached, the Director or designee will make the decision. The committee members will document this decision on the appropriate form and file such form in the child's case record. F. To comply with Section 7.304.661 (A), Staff Manual Volume 7, Colorado Department of Human Services, the Placement Review Team will initiate the state prescribed contract, as modified, to ensure that it meets the Department's approval conditions of the RTC facility on behalf of the child/youth. These approval conditions include the required outcomes of the placement including the length of stay of the youth/child to meet these required outcomes and a transition plan to be honored by the RTC facility. This contract will be used in conjunction with the Family Services Plan for the child and family. G. The original contract will be mailed to the provider for its signature within one business day of formal approval of the placement by the Placement Review Team. A copy of the contract with all required signatures will be maintained in the child's case record and the original forwarded to the Business Office. H. If the RTC facility wishes to negotiate the terms of the contract the Social Services Administrator or designee will conduct and conclude a negotiation process prior to the placement of the youth/child. L The Business Office will notify the Social Services Administrator, or designee, if reimbursement is being requested by a provider without a contract with all required signatures. Payment cannot be authorized to the provider until the required contract is provided to the Business Office. 2.902.3 Child Fatality Review Revised 3/29/99 The Placement Review Committee will provide a complete internal administrative review and shall be referred to as the Department Internal Review. This child fatality review will be completed whenever the Department has had current or prior case services involvement with the child, family, or alleged perpetrator within the last five years. 2.902.31 Review Procedures Adm\manss28.jag Social Services Division Policies and Procedures Revised 3/29/99 A. The Placement Review Committee's review will include, at a minimum: 1. Evaluation of the case plan. 2. Assessment of the interventions made by the Department. 3. Identified areas of strengths and/or weaknesses in the casework process. 4. Analysis of any systemic issues that may have led to delays or oversights. 5. Evaluation of the role played by other community agencies and the overall case coordination. 6. Recommendations for staff training or changes in the system that would avoid other similar occurrences. B. The Placement Review Committee will document its review on the State Department's Internal Review and Child Fatality Report. C. The Placement Review Committee will assure that the written report is completed within sixty calendar days of notification of the child's death and provided to the Director. D. The Director or designee will submit the State Department's Internal Review and Child Fatality Report to the State Department ChildProtection Administrator. Adm\manss28.jag
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