HomeMy WebLinkAbout20001082.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 10th day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ' ' �' r' �.��- t C
arbara J. - irkmeyer, Cliair
Weld Cou ty lerk to the 7
J. Geile, ro-Tem
'
Deputy Clerk to the Boa •� eorge�j��CZ
- - Baxter
AP,PRO ED AS TO )A: 1�`
Dale K. Hall
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,may toH Z au,//7-.4))
Glenn Vaad
2000-1082
c SS0027
rcirTh
DEPARTMENT OF SOCIAL SERVICES
1 �: � PO BOXGREELEY,CCO 806322
r-, , Adndnistration and Public Assistance(970) 352-1551
'i 1Child Support(970)352-6933
C. MEMORANDUM
COLORADO
TO: Barbara J. Kirkmeyer, Chair Date: May 8, 2000
Board of County Commissioners n
FR: Judy A. Griego, Director, Social Services U..
RE: Revisions to Section 2.000, Social Services Division Policies and
Procedures, Weld County Department of Social Services
Operations Manual
Enclosed for Board approval are revisions to Section 2.000, Social Services Division
Policies and Procedures, Weld County Department of Social Services Operations
Manual.
The purposes of the revisions are to:
1. Delete references to the Promoting Safe and Stable Families Program that ended
on September 30, 1999. Reference: Section 2.324.3; Section 2.803.
2. Revise the mileage reimbursement to County Certified Foster Parents and
Indigent Parents to the new County Rate of 30.5 cents per mile. Reference:
Section 2.321.11, H; Section 2.710.61.
3. Add to the criterion for applicants and providers who are seeking or maintaining
their certification as a County Certified Foster Care Home and revise procedures
regarding negative licensing actions. The additional criterion excludes applicants
or providers who are convicted of a crime of contributing to the delinquency of a
minor, C.R.S. § 18-6-701. Reference: Section 2.305.1, ff; Section 2.305.2,A.,
2, ff; Section 2.305.3; Section 2.305.4.
4. Revise the advisement process for consent to adopt and the accompanying forms.
Reference: 2.315.5.
5. Add procedures regarding Family Group Conferencing. Reference: Section
2.802.4.
2000-1082
MEMORANDUM PAGE 2
Commissioner Kirkmeyer
May 8, 2000
6. Add procedures regarding subsidized adoption reimbursement negotiations
through the Department's County Negotiator. Reference: Section 2.324.3.
7. Add procedures regarding specialized caseworker training. Reference: Section
2.760.2.
8. Revise procedures regarding consent for medical care of foster children.
Reference: Section 2.710.7.
9. Revise and add legal procedures regarding review hearings, change of placement,
and paper reviews. Reference: Section 2.606, 2.608, 2.615.
10. Revise the Notice of Rights and Remedies for Families Form. Reference:
Section 2.102.
If you have any questions, please telephone me at extension 6510.
d-C)p/
Social Services Division Policies and Procedures
Table of Contents
SECTION: TITLE:
2.000 Social Services Division Policies and Procedures
2.001 Social Services Division Functions
2.100 Child Protection
2.200 Youth In Conflict
2.300 Resource Services
2.400 Adult Protection
2.500 Emergency Duty After Hours
2.600 Legal Process and Services
2.700 Child Placement Policies
2.750 Case Recording and Filing Policy
2.800 Program Descriptions
2.900 Committee Descriptions
Revised 3/99
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Social Services Division Policies and Procedures
SECTION: TITLE:
2.000 Social Services Division Policies and Procedures
2.000.1 Definitions
2.000.2 Legal Authority
2.001 Social Services Division Functions
2.001.1 Social Services Division
2.100 Child Protection Unit Organization
2.100.1 Child Protection Intake Unit Duties
2.100.2 Child Protection Referrals
2.100.21 Child Protection Intake Register
2.100.22 Child Protection Intake Register Procedures
2.101 Intake Procedures for Child Protection
2.101.1 General Intake Procedures
2.101.2 Multiple Reports of Neglect or Abuse Concerning a Child, Family or
Perpetrator
2.101.3 Institutional Abuse Investigations
2.101.31 Procedures for Investigating Institutional Abuse Allegations
2.101.4 Investigation Regarding County Certified Foster Care Homes
2.101.41 Procedures for Investigating County Certified Foster Care Homes
2.102 Notice of Rights and Remedies for Families
2.102.1 Procedures
2.200 Youth In Conflict
2.201 Youth In Conflict Intake Policy
2.201.1 Youth In Conflict Service Priorities
2.201.2 Youth In Conflict Voluntary Services
2.201.21 Youth In Conflict Intake Policy for Voluntary Services
2.202 Chronic Runaways
2.202.1 Chronic Runaways in Department Custody
2.202.2 Law Enforcement Requests Concerning Runaways
2.202.21 Transportation of Runaways
2.202.22 Runaways from Child Placement Agencies, Residential Child Care
Facilities, and Residential Treatment Centers
Revised 3/99
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Social Services Division Policies and Procedures
SECTION: TITLE:
2.202.23 Procedures for Runaways
2.300 Resource Services
2.301 Foster Care
2.301.1 Foster Care Policy
2.301.2 Definitions
2.302 Foster Care Directory
2.303 County Certified Foster Care Certificates
2.3011 Corrective Actions Regarding County Certified Foster Care Certificates
2.304 Training of County Certified Foster Care Homes and Group Homes
2.305 Negative Licensing Actions
2.305.1 Denial of Applicants for County Certified Foster Care Homes, Receiving
Homes, Group Homes or Center Staff Employment
2.305.11 Evaluation of Applicants under Section 3.305.1
2.305.12 Recommendation of the Caseworker and Presentation to the Resource
Services Manager
2.305.2 Revocation of the Certificate for County Certified Foster Care Home,
Receiving Home, Group Homes or Center Staff Employment
2.305.21 Evaluation of Foster Care Providers Under Section 2.305.2, B.
2.305.22 Recommendation of the Caseworker and Presentation to the Resource
Services Manager
2.305.3 Recommendation of the Resource Services Manager to the Social Services
Administrator
2.305.4 Recommendation of the Social Services Manager
2.305.5 Transmittal to the Director
2.305.6 Pre-Denial or Pre-Revocation Conference
2.305.7 Director Decision
2.306 Dual Licenses or Certificates
2.307 County Certified Foster Care Home Consultation Program
2.307.1 Procedures to Access the County Certified Foster Care Home Consultation
Program
2.308 Critical Care Foster Care Program
Revised 3/99
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Social Services Division Policies and Procedures
SECTION: TITLE:
2.308.1 Children Who are Eligible for Critical Care Foster Care
2.308.2 County Certified Foster Care Homes that Qualify and are Selected for
Critical Care Foster Care Program
2.308.21 Two-Bed Critical Care Foster Care Home
2.308.22 Four-Bed Critical Care Foster Care Home
2.309 County Certified Foster Parents Transferring to Child Placement
Agencies and Child Placement Agency Foster Parents Transferring to
the County Certified Foster Care Program
2.315 Adoption
2.315.1 Definitions
2.315.2 Adoption Inquiries
2.315.3 Adoption Applications
2.315.4 Relinquishment Counseling
2.315.5 Advisement Process for Consent to Adopt
2.320 Provider Reimbursement
2.321 Reimbursement for County Certified Foster Care Provider
2.321.1 County Certified Foster Care Rate
2.321.11 County Certified Foster Care Rate is the Basic Maintenance Rate for all
Foster Care Facilities.
2.321.12 Temporary Absence
2.321.13 30-Day Absence Leave Due to Hospitalization
2.322 Special Needs Rates for Developmentally Disabled and Physically
Disabled
2.323 Receiving Home Reimbursement
2.323.1 The Basic Reimbursement to be Paid
2.323.11 Receiving Home Evaluation
2.323.12 Receiving Home Reimbursement Computation Form
2.324 Subsidized Adoption Reimbursement
2.324.1 Medical Resources
2.324.2 Core Services for Children in Subsidized Adoption
2.324.3 Subsidized Adoption Reimbursement Negotiations
Revised 3/99
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Social Services Division Policies and Procedures
SECTION: TITLE:
2.324.31 Initial Subsidy Negotiations
2.324.32 Subsidy Renewal Negotations
2.325 Specialized Group Care Reimbursement
2.325.1 Reimbursement Rate
2.325.11 Evaluation of Group Homes
2.326 Critical Care Foster Care Reimbursement
2.326.1 Special Needs Rates for Children in the Critical Care Foster Care Program
2.326.11 Evaluation of the Critical Care Foster Care Home
2.400 Adult Protection
2.401 Definitions
2.402 Request for Guardian or Conservator Services
2.403 Representative Payee for At-Risk Adults Receiving Social Security
Payments
2.404 Volunteer Court-Appointed Visitor Program
2.500 Emergency Duty After Hours
2.501.1 Types of Cases Handled by the Emergency Duty Worker
2.501.2 Emergency Duty Preparation
2.501.3 Emergency Duty Guidelines
2.501.31 Physical Abuse of Children
2.501.32 Evaluation and Placement of Young Children
2.501.33 Evaluation and Placement of Adolescents
2.501.34 Adolescent Rape Cases
2.501.35 Emergency Duty Procedures for Active Cases
2.502. Emergency Duty Supervision
2.502.1 Absence of Emergency Duty Manager
2.600 Legal Services
2.600.1 Definitions
2.600.2 Assistant Weld County Attorney for the Social Services Division
2.600.3 Assignment of Cases and Procedures to Access Legal Services
2.600.4 Appointment with Assistant Weld County Attorney
2.601 Initiation of Petition in Dependency or Neglect
2.601.1 Procedures for Initiation of Petition in Dependency or Neglect
Revised 3/99
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Social Services Division Policies and Procedures
SECTION: TITLE:
2.602 Legal Update Sheet
2.603 Order to Investigate
2.604 Review of Need for Placement(RNP)
2.605 Plea Hearing
2.606 Review Hearings
2.607 Change of Custody
2.608 Change of Placement
2.609 Permanency Planning Hearing
2.610 Motion to Terminate Parental Rights
2.611 Termination Hearing
2.612 Protective Orders
2.613 Proposed Orders
2.614 Distribution of Reports
2.615 Paper Reviews
2.616 Policy for Notice to Foster Parents of Court Hearings
2.700 Child Placement
2.701 Placement Policy
2.701.1 Placement Procedures
2.702 Children and Youth Experiencing Serious Mental Health or
Psychiatric Problems
2.703 Social Security Procedures for Children in Foster Care
2.703.1 Representative Payee for Children Receiving Social Security Payments
2.704 Case Practice
2.704.1 Case Practice Regarding a Special Review of Placement
2.704.2 Case Practice Regarding Multiple Placement in a Foster Care Home
2.704.3 Case Practice for Children Who Cannot be Returned Home and for Whom
Adoption is Not Possible
2.704.31 Case Practice Regarding Legal Guardianship
2.704.32 Case Practice Regarding Long-term Foster Care
2.704.4 Case Practice for Adoption Services
2.704.5 Case Practice to Achieve Permanency
Revised 3/99
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Social Services Division Policies and Procedures
SECTION: TITLE:
2.707 Notification of School Districts Concerning Children in Foster Care
2.707.1 Educationally Disabled Children
2.707.2 Financial Responsibility for Education Costs
2.710 Foster Children
2.710.3 Motor Vehicle Operation
2.710.31 Automobile Insurance Related to Non-Medicaid Eligible Foster Children
2.710.4 Personal Injury, Property Loss and Damage
2.710.5 Consent for Out-of-County and Out-of-State Travel of Foster Children
2.710.6 Travel for Visitation Between Foster Child and Birth Parents
2.710.61 Transportation Reimbursement for Birth Parents
2.710.62 Transportation Assistance for Birth Parents
2.710.63 Procedures for Transportation Reimbursement or Assistance
2.710.7 Consent for Medical Care of Foster Children
2.710.71 Medical Coverage for Foster Children
2.710.72 Medical Care in Which Religious Considerations are Involved
2.710.73 Routine Physical Examinations for Foster Children
2.710.74 Routine Dental Examinations for Foster Children
2.750 Case Recording and Filing Policy
2.750.1 Case Recording
2.750.2 Case Review Process
2.750.3 Filing Policy
2.760 Caseworker Training
2.760.1 Caseworker Debriefing and Support Training
2.760.11 Procedures to Access Caseworker Debriefing and Support Training
2.760.2 Specialized Caseworker Training
2.760.21 Court Practices, Social Services Division Policies and Procedures and
Child Fatality Reviews
2.800 Program Descriptions
2.800.1 General Description of Services
2.801 Special Circumstances Child Care
2.801.1 Eligibility Criteria for Special Circumstances Child Care
2.801.2 Special Circumstances Child Care Priorities
2.801.3 Procedures for Referral and Approval of Special Circumstances Child
Care
Revised 3/99
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Social Services Division Policies and Procedures
SECTION: TITLE:
2.802 Core Services Program
2.802.1 Definitions
2.802.2 Program Eligibility
2.802.3 Procedures to Access Services
2.802.4 Family Group Conferencing Procedures
2.900 Committee Descriptions
2.901 Weld County Child Protection Team
2.901.1 Weld County Child Protection Team Procedures
2.902 Placement Review Committee
2.902.1 Placement Review Team Composition
2.902.2 Types of Placements Reviewed
2.902.21 Recommendations and Decision Authority for Placements
2.902.22 Placement Review Procedures
2.902.3 Child Fatality Review
2.902.31 Review Procedures
2.903 Adult Protection Networking Group
2.903.1 Purposes of the Group
2.903.2 Structure of the Adult Protection Networking Group
2.904 Weld County Families, Youth, and Children Commission
2304.1 Functions of the Weld County Families, Youth, and Children Commission
2.904.2 Structure of the Weld County Families, Youth, and Children Commission
2.905 Citizen Review Panel Procedures and Conflict Resolution Process
2.905.1 Definitions
2.905.2 Access to Citizen Review Panel Procedures and Conflict Resolution
Process
Revised 3/99
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Social Services Division Policies and Procedures
2.320 Provider Reimbursement
Effective 2/1/00 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, 2000.
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 3/29/99 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 1/
Personal Respite
Age of Food Clothing Shelter Education Supplies & Flat Care
Child Allowance Grant 2/ Allowance 3/
0 Mos. to $131 $58 $139 $ 8 $50 $386 $20
10 Yrs.
11-14 Yrs. $152 $58 $139 $16 $64 $429 $20
15-21 Yrs. $161 $60 $150 $22 $67 $460 $20
1/ The rates established by the Department will be reimbursed within
the available appropriation. The rates effective January 1, 2000,
reflect an approximate 4% cost of living increase.
2/ If the child's birthday occurs during the month, placing him in a
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higher age grouping, the payment for that month is made on the
basis of the higher grouping rate.
3/ County Certified foster homes are paid the basic rate, plus an
additional Respite Care Allowance of$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.
The County Certified Foster Care Home may obtain their own annual
physicals; however, the Department will pay for co-payments,not to
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Social Services Division Policies and Procedures
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
the provider of the facility.
Effective 1/1/99 G. An initial clothing allowance of$150 may be made at the time of
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Social Services Division Policies and Procedures
placement out of the home to ensure that the child has an adequate
beginning wardrobe. 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 any type of out-of-
home placement made by the Department, including hospitalization, when
the Department has legal authority for placement.
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
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
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Social Services Division Policies and Procedures
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.
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2.305 Negative Licensing Actions
2.305.1 Denial of Applicants for County Certified Foster Care Home, Receiving
Home, Group Homes or Center Staff Employment
Revised 3/29/99 A. An applicant who is seeking certification for purposes of a County
Certified Foster Care Home, Receiving Home, Group Home or Center
Staff Employment shall be denied certification as follows:
1. An applicant who is listed on the Colorado Central Registry.
2. 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
i. Sexual Assault in the third degree; C.R.S § 18-3-403
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 kidnaping; C.R.S § 18-3-301
m. Second Degree kidnaping; 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 § 18-3-103
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
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Social Services Policies and Procedures
y. Inducement of child prostitution; C.R.S § 18-7-405.5
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.§ 18-3-203
dd. Aggravated robbery; C.R.S. § 18-4-302
ee. Aggravated robbery of controlled substances; C.R.S. § 18-
4-303
Added 5/00 ff. Contributing to the delinquency of a minor, C.R.S. § 18-6-
701
Revised 3/29/99 B. An applicant who is seeking certification for purposes of a County
Certified Foster Care Home, Receiving Home, Group Home or
Center Staff Employment may be denied certification based on the
evaluation of the Foster Care caseworker as described in Section
2.305.11, as follows:
1. An applicant who has been convicted of any crimes not listed in
Section 2.305.1 A.2.
2. An applicant who has a record of charges regarding personal
crimes but not necessarily a conviction.
3. Other things which reflect negatively on the character or fitness of
the applicant to provide care for foster children.
2.305.11 Evaluation of Applicants Under Section 2.305.1, B.
Revised 3/29/99 The Foster Care caseworker will evaluate the applicant through steps A -
B.
A. The applicant is required to provide information as follows:
1. A typed statement describing the incident.
2. A copy of the police report.
3. A certified statement from the District Attorney's Office regarding
disposition of the case.
4. If treatment was required, a written statement from the applicant's
treatment provider regarding the disposition of the treatment. The
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treatment provider must indicate that the applicant successfully
completed the treatment and the applicant no longer poses a risk.
B. The Foster Care caseworker will consider and evaluate conditions 1 - 7.
1. How long the applicant has gone without an incident.
2. The age of the applicant 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 accepts responsibility for the activity and
identifies how the situation could have been handled appropriately.
6. Through interviews with the applicant or actions made by the
applicant, identify traits that may indicate an inadequate caregiver
of children that depict impulsiveness, low self esteem, sadness,
agitation, inappropriate child expectations, apathy, controlling, self
righteousness, suspicion, rigidity, low empathy, frustration,
blaming, defensiveness, preoccupation with self or children,
aggressiveness, unpredictability, intolerance, immaturity,
resistance, irresponsibility, and insecurity.
7. Through interviews with the applicant or actions made by the
applicant, identify traits that may indicate a good caregiver for
children that depict adaptability, confidence, congeniality,
compassion, contentment, considerate, dependable, even-tempered,
fairminded, good-humored, insightful, maturity, nonjudgmental,
responsible, reliable, realistic, and sensitive of others.
2.305.12 Recommendation of the Caseworker and Presentation to the Resource
Revised 3/29/99 Services Manager
The Foster Care caseworker will present, to the Resource Services Manager, his
or her findings and the caseworker's written recommendation to certify or not to
certify the applicant. The documentation to be provided to the Resource Services
Manager will include:
A. The applicant's information gathered under Section 2.305.11, Item A.
B. The caseworker's consideration and evaluation of Section 2.305.11, Item
B.
C. The caseworker's recommendation(s).
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2.305.2 Revocation of the Certificate for County Certified Foster Care Home,
Receiving Home, Group Homes or Center Staff Employment
Revised 3/29/99 A. A provider of a County Certified Foster Care Home, Receiving
Home, Group Home or Center Staff Employment shall have a child
or children removed from the home and a certificate immediately
revoked as follows:
1. A provider who is listed on the Colorado Central Registry.
2. A provider who has been convicted of any crimes, as listed below
(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
I. Sexual Assault in the third degree; C.R.S § 18-3-403
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 kidnaping; C.R.S § 18-3-301
m. Second Degree kidnaping; 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 § 18-3-103
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 § 18-7-405.5
z. Patronizing a prostituted child; C.R.S § 18-7-406
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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.§ 18-3-203.
dd. Aggravated robbery; C.R.S. § 18-4-302.
ee. Aggravated robbery of controlled substances; C.R.S. § 18-
4-303.
Added 5/00 ff. Contributing to the delinquency of a minor, C.R.S. § 18-6-
701
B. A provider of a County Certified Foster Care Home, Receiving Home,
Group Home or Center Staff Employment may have the certification
revoked based on the evaluation of the Foster Care caseworker as
described in Section 2.305.21, as follows:
1. A provider who is convicted of any crimes not listed in Section
2.305.2 A.2.
2. A provider who has a record of charges regarding personal crimes
but not necessarily a conviction.
2.305.21 Evaluation of Foster Care Providers Under Section 2.305.2, B.
Revised 3/29/99 The Foster Care caseworker will evaluate the applicant through steps A - C.
A. The provider is required to provide information as follows:
1. A typed statement describing the incident.
2. A copy of the police report.
3. A certified statement from the District Attorney's Office regarding
disposition of the case.
4. If treatment was required, a written statement from the provider's
treatment provider regarding the disposition of the treatment. The
treatment provider must indicate that the provider successfully
completed the treatment and the applicant no longer poses a risk.
B. The Foster Care caseworker will consider and evaluate conditions 1 - 7.
1. How long the provider has gone without an incident.
2. The age of the provider when the incident occurred.
3. In a domestic violence situation, whether the victim's recanting or
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minimizing was the reason the charges were dropped.
4. The presence or involvement of children.
5. Whether the provider accepts responsibility for the activity and
identifies how the situation could have been handled appropriately.
6. Through interviews with the provider or actions made by the
provider, identify traits that may indicate an inadequate caregiver
of children that depict impulsiveness, low self esteem, sadness,
agitation, inappropriate child expectations, apathy, controlling, self
righteousness, suspicion, rigidity, low empathy, frustration,
blaming, defensiveness,preoccupation with self or children,
aggressiveness, unpredictability, intolerance, immaturity,
resistance, irresponsibility, and insecurity.
7. Through interviews with the provider or actions made by the
provider, identify traits that may indicate a good caregiver for
children that depict adaptability, confidence, congeniality,
compassion, contentment, considerate, dependable, even-tempered,
fairminded, good-humored, insightful, maturity, nonjudgmental,
responsible, reliable, realistic, and sensitive of others.
2.305.22 Recommendation of the Caseworker and Presentation to the Resource
Services Manager
Revised 3/29/99 The Foster Care caseworker will present his or her findings to the Resource
Services Manager and the caseworker's written recommendation to revoke or not
to revoke the certification of a provider. The documentation to be provided to the
Resource Services Manager will include:
A. The provider's information gathered under Section 2.305.21, Item A.
B. The caseworker's consideration and evaluation of Section 2.305.21, Item
B.
C. The caseworker's recommendation(s).
2.305.3 Recommendation of the Resource Services Manager to the Social Services
Revised 5/00 Administrator
The Resource Services Manager will review the caseworker findings and
recommendations and propose course of actions to the Social Services
Administrator.
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2.305.4 Recommendation of the Social Services Administrator
The Social Services Administrator will review the caseworker findings and
recommendations, proposed course of action(s) recommended by the Resource
Services Manager. The Social Services Administrator will propose course of
action(s) that may be implemented by the Director. These proposed actions may
include recommendations for:
A. Applicants: denial of an applicant or training recommendations.
B. Providers: revocation of a certification, and training recommendations.
2.305.5 Transmittal to the Director
Revised 5/00 A. The caseworker's findings and recommendation(s) and the Resource
Services Manager's recommendation(s), and the Social Services
Administrator's recommendation(s) will be transmitted within three (3)
working days from the date of the review by the Social Services
Administrator.
B. The Director will review the findings and recommendation(s) and
determine if an action of denial or revocation is warranted because of
issues of:
1. Failure to comply with standards.
2. Willful misconduct that includes Volume VII, State statute, county
written policy or procedure.
3. A charge or conviction of a felony, misdemeanor, or any other
offense involving moral turpitude.
4. Discovery, after the provider was certified, that he or she was
subject to Volume VII, Section 7.714, Colorado Department of
Human Services.
5. When the nature, extent, seriousness and effect of the act, error or
omission committed warrants denial or revocation and not a
corrective action.
6. When a one-time action subjects children and youth to an unsafe
and injurious environment.
C. The Director will act upon the recommendation of denial or revocation by
preparing a written notice,by certified mail or hand delivered, regarding a
pre-denial or pre-revocation conference. The written notice will include:
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1. The date, time, and place of the conference. The applicant or
provider will have at least two working days notice.
2. A statement of the factual allegations that prompted the conference
that includes sufficient detail of the circumstances.
3. Advisement that a written statement maybe presented instead of an
appearance at the conferences or as a supplement.
4. Advisement that only the applicant or provider may attend.
2.305.6 Pre-Denial or Pre-Revocation Conference
Revised 3/29/99 A. The Director, or designee, will conduct the conference. Delegation will be
in writing.
B. The Director, or designee, will gather all facts and clarify issues and allow
the applicant or provider to present any mitigating circumstances.
C. The conference may be tape recorded. The applicant or provider will be
informed.
D. The applicant or provider will be advised that he or she may submit a
written response within two working days to supplement the information.
2.305.7 Director Decision
Revised 3/29/99 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 the certification of the applicant.
2. Revoke the certification of the provider.
3. Establish a corrective action.
C. The Director, or designee, will provide a written notice of the decision by
certified mail or hand delivered to the applicant or provider within five
working days. Failure to provide a written notice within five days does not
render such decision null and void or affect the validity or effect of such
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decision.
D. In the case of a revocation of a provider who may have children placed in
the home by the Department, the Foster Care caseworker will notify the
caseworker assigned to the child. The child's caseworker will be
responsible for:
1. Notifying the Guardian at Litem,parents, attorneys, and treatment
providers of the revocation and the need to move the child.
2. Removing the child from the home.
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2.315.5 Advisement Process for Consent to Adopt
Added 5/00
The advisement process for consent to adopt consists of the following:
A. Step I
1. Legal: It is the responsibility of the Legal Department to ensure
that the child is legally free to be adopted. A checklist is provided
to assist in this responsibility. (Attachment A)
2. On-going Child Protection: It is the responsibility of the On-going
Child Protection Units to transfer certain case information to the
Adoption Unit. A checklist is provided to assist in this
responsibility. (Attachment B)
3. Adoption: The Adoption unit is responsible for completing certain
required items, such as an approved Home Study, CBI and Central
Registry Check. (Attachment C)
As part of the Adoption Unit's responsibility, an adoption worker
will advise the Director on any matters or situations that may
negatively affect the adoptive placement. These matters or
situations include issues related to drugs and alcohol, criminal,
racial/ethnic/cultural, sexual issues, physical or geographical
issues, mental or physical health, or financial issues. The adoption
worker will provide a brief description of the situation an analysis
of how or whether the situation may affect the adoptive placement.
B. Step II
The Director may determine from the information presented that it is
appropriate to sign the Consent to Adopt Form, or request further input. In
requesting further input, the Director may request a meeting with involved
staff, request additional written information such as a home study or
evaluations, or request that additional facts be gathered, When this process
is concluded, the Director may sign the Consent to Adopt Form, delay
signing, withhold consent,pursue remedial measures, or take any other
action appropriate under the circumstances.
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Social Services Division Policies and Procedures
2.315 Adoption
2.315.1 Definitions
Revised 3/29/99 A. Adoptee means a person who, as a minor, was adopted pursuant to a final
decree of adoption entered by a court. Reference: § 19-1-103, C.R.S.
B. Adoptive Parent means an adult who has become parent of a minor
through the legal process of adoption. Reference: § 19-1-103, C.R.S.
C. Adult Adoptee means an individual who is twenty-one years of age or
older and who, as a minor, was adopted pursuant to a final decree of
adoption entered by a court. Reference: § 19-1-103, C.R.S.
D. Nonidentifying Information means information that does not disclose the
name, address, place of employment, or any other material information
that would lead to the identification of the birth parents and that includes,
but is not limited to, the following:
1. The physical description of the birth parents.
2. The educational background of the birth parents.
3. The occupation of the birth parents.
4. Genetic information about the birth family.
5. Medical information about the adult adoptee's birth.
6. Social information about the birth parents'
7. The placement history of the adoptee.
Reference: § 19-1-103, C.R.S.
E. Nonpublic Agency Interstate and Foreign Adoption means an interstate
or foreign adoption that is handled by a private, licensed child placement
agency. Reference: § 19-1-103, C.R.S.
F. Relinquishment Counseling means the Department's counseling of birth
and adoptive parents who wish to relinquish custody of the child and
terminate the parent-child legal relationship. Reference: § 19-5-103.
C.R.S.
G. Termination of the Parent-Child Legal Relationship means the
permanent elimination by court order of all parental rights and duties,
including residual parental rights and responsibilities, as provided in § 19-
3-608. Reference: § 19-1-103, C.R.S.
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2.315.5 Advisement Process for Consent to Adopt
Added 5/00
The advisement process for consent to adopt consists of the following:
A. Step I
1. Legal: It is the responsibility of the Legal Department to ensure
that the child is legally free to be adopted. A checklist is provided
to assist in this responsibility. (Attachment A)
2. On-going Child Protection: It is the responsibility of the On-going
Child Protection Units to transfer certain case information to the
Adoption Unit. A checklist is provided to assist in this
responsibility. (Attachment B)
3. Adoption: The Adoption unit is responsible for completing certain
required items, such as an approved Home Study, CBI and Central
Registry Check. (Attachment C)
As part of the Adoption Unit's responsibility, an adoption worker
will advise the Director on any matters or situations that may
negatively affect the adoptive placement. These matters or
situations include issues related to drugs and alcohol, criminal,
racial/ethnic/cultural, sexual issues, physical or geographical
issues, mental or physical health, or financial issues. The adoption
worker will provide a brief description of the situation an analysis
of how or whether the situation may affect the adoptive placement.
B. Step II
The Director may determine from the information presented that it is
appropriate to sign the Consent to Adopt Form, or request further input. In
requesting further input, the Director may request a meeting with involved
staff, request additional written information such as a home study or
evaluations, or request that additional facts be gathered, When this process
is concluded, the Director may sign the Consent to Adopt Form, delay
signing, withhold consent, pursue remedial measures, or take any other
action appropriate under the circumstances.
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Attachment A
CHECKLIST FOR CONSENT TO ADOPTION
CASE NAME:
ACTION#:D&N#.: ;JR: ; HH#.:
I. Relinquishment:
A. Counseling obtained by Department of Social Services in county of residence or licensed child
placement agency. Yes No,Date:
1. Counseling shall include:
a. Nature and consequences of relinquishment
b. Finality
c. Continuation of fmancial responsibility
d. Identity and status of other natural parent
Were these included? Yes No
B. File Petition,Interrogatories, and statement of the nature and extent of counseling.
Yes No
C. If child is 12 or over, did child receive counseling? Yes No Age of child
D. Is there a presumed parent? Yes No
E. Has there been a request for placement with a family member? Yes No
F. Child Support Enforcement Unit was notified of the relinquishment on Date:
II. Paternity Presumption
A. Was the child born within 300 days after a marriage terminated by death, annulment, declaration of
invalidity,dissolution of marriage,divorce, or decree of legal separation
Yes No
B. Have the parents attempted to many, although the marriage could be declared invalid,
and: Yes No
1. Child born during a marriage which could be declared invalid only by a court order within
300 days after its termination by death,annulment, declaration of unavailability,
dissolution of marriage, divorce, or decree of legal separation; or
2. Child was born 300 days after the termination of cohabitation of a marriage invalid
without a court order.
C. After the child's birth,have the father and mother married or attempted to marry, although such
marriage could be declared invalid; and Yes No
I. He has acknowledged his paternity of the child in writing filed with the court or registrar
of vital statistics; or Yes No
2. With his consent, he is named as the child's father on the child's birth
certificate;or Yes No
3. He is obligated to support the child under a written voluntary promise of by court or
administrative order. Yes No
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Social Services Division Policies and Procedures
Attachment A
Page 2
CASE NAME:
D. Has he received the child into his home and openly held out the child as his natural child?___Yes
No
E. Has he acknowledged his paternity in a writing filed with the court or regular vital statistics and the
mother has not disputed this acknowledgment within a reasonable time after having been
informed? Yes No
F. Has paternity been established by blood tests? Yes No
III. Final Order of Relinquishment(mother):
A. Submitted to court - Date:
B. Signed order received - Date:
Final Order of Relinquishment(father):
A. Submitted to court -Date:
B. Signed order received -Date:
IV. Termination on Father/Mother-after mother's/father's relinquishment, Statutory basis §19-5-105: (Circle
mother or father, the parent who relinquished)
A. Final Order of Relinquishment on mother/father? Yes No
B. Request for placement with a family member? Yes No
C. Any designated adoptive family? Yes No
D. Is natural father identified? Yes No
E. Petition filed on
F. Hearing date on
G. Proper notice given to father/mother.
1. Identity known: by personal service
certified mail(if address known); or
publication(address unknown)
2. Identity unknown: by publication
H. Final order of termination on father/mother entered
V. Termination o Parent Rights through D&N.
A. Mother-Date:
B. Father-Date:
SIGNATURE:
Date:
Caseworker
Date:
Supervisor
Date:
Jim Pope/Linda Goff/Mary Betancourt
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Social Services Division Policies and Procedures
Attachment B
CHECKLIST FOR CASE TRANSFER TO THE ADOPTION UNIT
Please place your case with the completed checklist on the Resource Services Supervisor's desk. Please
schedule a staffing with the Resource Services Supervisor to review the case and complete the formal
transfer.
1. Social history(Please date, sign, and have supervisor sign)
2. Birth certificate from Vital Statistics Bureau
3. Birth/medical history on child
4. Birth parents medical history (CWS-24A)
5. Recent picture of child
6. Current IV-E redetermination from and original determination form
7. Two (2) certified copies of relinquishment/termination
8. Registration form for AE if child is to be listed or exclusion(CWS-91)
9. Letter from the therapist if a subsidy is requested
10. Checklist for consent to adopt completed and signed by worker, supervisor, and legal
department
11. Current family service plan with signatures
12. Blue social security card
When is the next foster care review due?
When is the next IV-E redetermination due?
When is the next court date?
NOTE: If foster care review is due in four weeks or less, the adoption worker will accompany the ogoing
worker to the review and accept the case for transfer after any corrections from the review are
completed.
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Attachment C
FINAL CHECICLIT FOR CONSENT TO ADOPT
CBI Background Check
State Registry of Child Abuse Check
Approved Adoptive Home Study (Includes References)
Signed Checklist for Consent to Adopt
Ike-Finalization Subsdidy Agreement Completed.
❑ A matter(s) or situation(s)exists that may negatively affect the adoptive placement as follows:
Adoption Worker Date
Adoption Unit Supervisor Date
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Social Services Division Policies and Procedures
2.710.6 Travel for Visitation Between Foster Child and Birth Parents
Revised 3/29/99 When the caseworker has included visitation between the foster child and birth
parents or guardians in the treatment plan, transportation expenses may be
available to birth parents or guardians.
2.710.61 Transportation Reimbursement for Birth Parents _
Revised 5/00 Transportation reimbursement is available to birth parents or guardians as mileage
reimbursement. The mileage reimbursement for visitation must be:
A. For mileage not covered by other resources.
B. For non-Medicaid mileage when the birth parents are not involved in
family counseling.
C. Limited to out-of-county travel.
D. In-county travel as approved for special circumstances with prior approval
of the caseworker's supervisor.
E. Reimbursed at 30.5 cents per mile from case services mileage.
2.710.62 Transportation Assistance for Birth Parents
Revised 3/29/99 Transportation assistance may be available to birth parents or guardians. The
transportation assistance for visitation must be:
A. For gas money or bus fare.
B. Limited to out-of-county travel
C. In-county travel as approved for special circumstances with prior approval
by the caseworker's supervisor.
D. Airfare, lodging or per diem is not provided unless approved by the
Director.
2.710.63 Procedures for Transportation Reimbursement or Assistance
Revised 3/29/99 A. Caseworker determines indigence of the birth parents or guardians by
assessing income and other public assistance standards.
B. Caseworker requests approval of caseworker's supervisor for
transportation reimbursement or assistance for birth parents or guardians.
C. Caseworker's supervisor forwards approved requests to the Business
Office.
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Social Services Division Policies and Procedures
2.802 Core Services Program
Revised 3/29/99 The Department provides services under its Core Services Program in accordance
with Volume VII, Section 7.303, Colorado Department of Human Services. The
Department's Core Services Program is approved each year for a period beginning
June 1 through May 31 of the following year.
2.802.1 Definitions
Revised 3/29/99 Core Services Program consists of services as defined in Volume VII, Section
7.303.1, Colorado Department of Human Services. Services are as follows:
A. Home Based Intervention: services provided primarily in the home of the
client and includes a variety of services that can include therapeutic
services, concrete services, collateral services and crisis intervention
directed to meet the needs of the child and family. Service elements of
therapeutic, concrete, collateral and crisis intervention services are defined
in Volume VII, Section 7.303.14, Colorado Department of Human
Services.
B. Intensive Family Therapy: therapeutic intervention typically with all
family members to improve family communication, functioning, and
relationships.
C. Life Skills: services provided primarily in the home that each household
management, effectively accessing community resources,parenting
techniques, and family conflict management.
D. Day Treatment: comprehensive, highly structured services that provide
education to children and therapy to children and their families.
E. Sexual Abuse Treatment: therapeutic intervention designed to address
issues and behaviors related to sexual abuse victimization, sexual
dysfunction, sexual perpetration, and to prevent future sexual abuse and
victimization.
F. Special Economic Assistance: emergency financial assistance of not
more than$400 per family per year in the form of cash and/or vendor
payment to purchase hard services. Services elements for hard services are
defined in Volume VII, Section 7.303.14, Colorado Department of Human
Services.
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G. Mental Health Services: diagnostic and/or therapeutic services to assist in
the development of the family services plan, to assess and/or improve
family communication, functioning, and relationships.
H. Substance Abuse Treatment Services: diagnostic and/or therapeutic
services to assist in the development of the development of the family
service plan, to assess and/or improve family communication, functioning
and relationships, and to prevent further abuse of drugs or alcohol.
I. Aftercare Services: any of the Core services provided to prepare a child
for reunification with his or her family or other permanent placement and
to prevent future out-of-home placement of the child.
J. County Designed Services: innovative and/or otherwise unavailable
services proposed by a county that meet the goals of the Core Serves
Program.
2.802.2 Program Eligibility
Revised 3/29/99 Program eligibility for the program is defined in Volume VII, Section 7.303.13,
Colorado Department of Human Services.
2.802.3 Procedures to Access Services
Revised 3/29/99 A. According to Volume VII, Section 7.303.12, Colorado Department of
Human Services, the Department must make all of the Core Services,
except for county designed services, available to any client who meets the
criteria for the service as documented in the Family Services Plan.
B. Each program year, the Department provides a vendor list to caseworkers
for each Core Services Program area as defined in Section 2.802.1 (A)
through (H). This vendor list will include a description of the population
best served by the vendor, cost of the service, and services to be provided.
C. Each program year, the Department provides, to caseworkers, a list of
supervisors who are responsible for referral and budget management of
each Core Services Program area as defined in Section 2.802.1 (A)
through (H).
D. The caseworker will make a referral to a vendor on behalf of a family.
The referral must be documented in the Family Services Plan and meet the
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requirement of Section 2.802.3 (A). This referral must be approved by his
or her direct supervisor and the supervisor responsible for the
corresponding Core Services Program area. The minimum requirements
of the referral include: the recommended beginning and ending dates of
service from the vendor, the family's household number, and reasons for
the referral to the vendor.
F. The caseworker will be responsible to assess if another referral is
necessary to the vendor, if the duration of the services must be extended.
This referral must be approved by his or her direct supervisor and the
supervisor responsible for the corresponding Core Services Program area.
The minimum requirements of the referral include: the recommended
beginning and ending dates of service from the vendor, the family's
household number, and reasons for the additional referral to the vendor.
2.802.4 Family Group Conferencing Procedures
Revised 5/00
A. The caseworker will review the case in regards to the decision to have the
family involved in a Family Group Conference. The caseworker will
determine:
1. If a family member's physical attendance is necessary at the Family
Group Conference and why.
2. To what extent the family member will assist in sharing in the cost
of the travel expenses.
B. The caseworker will submit, in writing, the travel request to his or her
supervisor for approval.
C. The caseworker and his or her supervisor will submit the request for travel
to the Social Services Division Administrator. The Administrator will
review the request and will determine if the request should be approved or
modified. The Administrator will recommend the total dollar amount for
travel expenses and recommend its funding from Expedited Permanency
Planning funds.
E. The travel requests will be submitted to the Director for approval through
the Purchase Order process.
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Social Services Division Policies and Procedures
2.324 Subsidized Adoption Reimbursement
Revised 5/00 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 Circumstance 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).
E. The Department may 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. A dormant subsidy, which may be activated at a future
date, may also be established. The Department provides a long-term
subsidy which needs to be reviewed annually. This annual review is to
determine that the payment is made directly to the family to partially assist
with expenses related to the child given the circumstances of the adoptive
parents, and within the Department's written policies. The Department
shall not use adoption subsidy funds for any child 18 years of age and over
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except for a child with certain developmental disabilities up to age 21.
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.
2.324.1 Medical Resources _
Revised 3/29/99 Subject to certain income and resource limitations, medical assistance through the
Colorado Medicaid program must be provided to certain children receiving child
welfare services including children who have a current, signed subsidized
adoption agreement and children in subsidized adoption. Children in subsidized
adoption include adoption placements out of state, who are IV-E eligible or where
the state option is in effect until the receiving state can provide Medicaid.
The Department is responsible for determining eligibility for Colorado Medicaid
in the manner prescribed by the State Department of Human Services and
according to State Regulations described in Volume VII.
2.324.2 Core Services for Children in Subsidized Adoption
Revised 3/29/99 Core services may be available to subsidized adoption children and 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 case planning.
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.
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-
Adm\manss46.jag
Social Services Division Policies and Procedures
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 will be worked
Adm\manss46.jag
Social Services Division Policies and Procedures
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 Colorado Department of Human Services Subsidized
Adoption form 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
Adm\manss46.jag
Social Services Division Policies and Procedures
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 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 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 caseworker will prepare
the CW-SA-3 or the CW-SA-4 form 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.
Adm\manss46.jag
Social Services Division Policies and Procedures
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 (AU ) 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 adoptions cases with subsidies shall be reviewed annually by
the Adoption Caseworker. The adoptive parents shall be asked to
submit 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.
Adm\manss46.jag
Social Services Division Policies and Procedures
2.760.1 Caseworker Debriefing and Support Training
Revised 3/29/99 The Department will provide professional debriefing training and consultation for
caseworkers who request or whose supervisor requests for a caseworker in dealing
with or managing:
A. A single, critical incident as a result of performing their job duties.
B. A single case entering a critical phase and creating exceptional stress, i.e.,
a difficult Termination of Parental Rights Trial, investigation of a child
fatality, etc.
C. The cumulative effects of casework that maybe negatively affecting the
caseworker's ability to manage child welfare cases effectively .
2.760.11 Procedures to Access Caseworker Debriefing and Support Training
Revised 3/29/99 A. The caseworker or caseworker's supervisor may directly request debriefing
training and consultation needs for situations identified under Section
2.760.1 (A) and (B).
B. For situations identified under Section 2.760.2 (C), the caseworker and
caseworker's supervisor will discuss this training and other stress
management techniques for the caseworker.
C. The caseworker and caseworker's supervisor will submit a staff
development training form and submit the form to the designated Intake
Manager for approval. The Intake Manager may approve up to a
maximum of three training appointments.
D. The designated Intake Manager will arrange for referrals to the
Department's approved training vendors and submit the training bill to the
Depailinent's business office along with a signed training request.
E. At the conclusion of the approved training sessions, the caseworker and
the training vendor may arrange to continue ongoing counseling. This
ongoing counseling will not be at the expense of the Department, but
arrange by the caseworker through the county's health insurance plan or
other private arrangements.
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Social Services Division Policies and Procedures
2.760.2 Specialized Caseworker Training
Added 5/00
The Department recognizes that Colorado Department of Human Services Staff
Manual Volume VII Social Services, and Weld County Department of Social
Services Operations Manual, Section 2,000, are the starting point for training
beyond what is provided by the State and on-the-job training. To augment this
training, a formal session of training will be provided to new workers after
employee has had some exposure to the Court.
2.760.21 Court Practices, Social Services Division Policies and Procedures and Child
Fatality Reviews
A. On-the-job training is provided by the Supervisor and by other
caseworkers. This includes attendance at court motion days and other
types of court hearings. The Social Services Division Operations Manual,
Section 2.000, is used in conjunction with this training, both as a guide
and as a reference source. New caseworkers are expected to read the Weld
County Department of Social Services Policies and Procedures, Section
2.000, within the first month of their employment.
B. A specific two (2) hour training session on court procedures will be
provided to new workers within the first three (3) months of employment.
The paralegals will present a portion of the information and attorneys will
present the remainder. The content of this training will be based on the
Legal Section of the Operations Manual, Section 2.600, and the Colorado
Statutes. A handout will be provided for any information covered which is
not contained in the Operations Manual (such as tips on testifying). In
addition, while a caseworker is starting to assume a caseload, the
caseworker and supervisor will staff with the attorneys more frequently on
the cases,both for preparation and issue identification for court hearings.
Supervisors will attend court hearings with the new caseworker until it is
no longer necessary, based on the caseworker's performance and
competence. Attorneys will provide feedback to the new caseworker and
to the supervisors on a regular basis during the first year and afterwards.
The paralegals will notify supervisors of any issues with paperwork and
meeting deadlines. Attorneys, paralegals and supervisors will be available
to answer questions from the new caseworkers about court procedures so
that potential problems can be avoided. If a specific problem is identified
with a caseworker who is not new that caseworker may be required to
attend the next legal training for new caseworkers as a refresher.
Adm\manss51.jag
Social Services Division Policies and Procedures
C. State fatality reviews occur on an infrequent basis. Although general
information will be given during the initial training and is in the
Department's Operation Manual, prior to any sessions scheduled with the
state for a specific case, a training about what to expect and what the
Department expects will be done with the affected caseworkers and
supervisors by Departments administrators and attorneys.
D. Training is reinforced on a daily basis by supervisors, the attorneys, and
the court. Promt feedback is the rule, not the exception,
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Social Services Division Policies and Procedures
2.710.7 Consent for Medical Care of Foster Children
Revised 3/29/99 Emergency care is defined as requiring immediate medical treatment as
recommended by licensed medical authority to protect the life and health of a
child. The treatment cannot be delayed without placing the child at risk.
Revised 5/00 A. Voluntary Placements and Court Ordered Placements
1. Caseworkers must have a voluntary placement contract (CWS-3)
on file for each child or youth in placement, if not court ordered..
2. Foster parents and other child placement facility representatives
cannot give consent for medical care unless:
a. The medical treatment needs for the child meets the
definition of emergency care outlined in Section 2.710.7,
and
b. The foster parent and other child placement facility
representative must make reasonable efforts to contact the
Weld County Department of Social Services before
consent for medical care is provided. The CWS-25 Form
(Attachment A) outlines the emergency contact procedures
for foster parents and other child placement facility
representatives.
Given this definition, it would be very rare that foster parents or
other child placement facility representatives will directly authorize
emergency care.
3. Excluding routine medical and dental care, only the Director or
designee may consent for medical care. This authorization is
beyond the advance consent and signature on a CWC-25 form
(Attachment A). This medical care will not be authorized until the
caseworker has tried to obtain consensus from the birth parents and
Guardian at Litem for any surgical or related medical care. If the
caseworker cannot obtain consensus for medical treatment because
the birth parents or Guardian at Litem is not available, the
caseworker must immediately notify his or her supervisor and
initiate the legal process to obtain a court order.
Adm\manss26.jag
Social Services Division Policies and Procedures
4. Foster parents do not have consent to hospitalize a foster child or
youth for psychiatric treatment. Foster parents will notify the
caseworker who will assess the child or youth according to the
procedures in Section 2.702.
B. Director's Designee for Medical Consent
In the absence of the Director, the Social Services Administrator will serve
as the Director. In the absence of the Social Services Administrator, the
Managers will serve as the Director as follows by rank:
1. Chris Karl, Ongoing Manager
2. Al Arriessecq, Youth In Conflict Manager
3. Gloria Romansik, Intake Manager
2.710.71 Medical Coverage Foster Children
Revised 3/29/99 Many foster care children in the custody of the Department are covered by
Medicaid. Medicaid coverage may not be available to those children who exceed
income standards and foster care maintenance standards set by State and Federal
regulations. For non-Medicaid eligible foster care children, the Department or
parents will provide alternative medical coverage through either purchasing
medical insurance or paying for direct medical coverage paid though parental fees,
social security benefits, child support, or other available funds.
2.710.72 Medical Care In Which Religious Considerations are Involved
Revised 3/29/99 A. The caseworker will consider the biological parents' religious beliefs in
seeking medical care.
B. If the biological parents disclose any religious beliefs that may result in
objections to medical treatment, the caseworker will notify his or her
supervisor and consult with the Assistant Weld County Attorneys. The
Department will request, at the first hearing, that the Court specify the
Department's actions in obtaining routine physical and dental care, and
any emergency care needed to prevent death or permanent disability.
C. For an emergency or ongoing care of the child and if the biological parents
object to medical care because of their religious beliefs, the caseworker
will immediately notify his or her supervisor and consult with the
Assistant Weld County Attorney to obtain a court order.
Adm\manss26.jag
Social Services Division Policies and Procedures
2.710.73 Routine Physical Examinations for Foster Children
Revised 3/29/99 A. Children and youth placed in foster care are required to have a physical
examination before fourteen days of placement.
B. The caseworker will schedule children and youth who have a regular
physician to that physician for the medical examination.
C. The caseworker will schedule children and youth who do not have a
regular physician and cannot access one, to Medicaid providers for
scheduling of an appointment.
D. The caseworker must document medical appointments in the case file.
2.710.74 Routine Dental Examinations for Foster Children
Revised 3/29/99 A. Children and youth placed in foster care are required to have a dental
examination before sixty days of placement.
B. The caseworker will schedule children and youth who have a regular
dentist to that dentist for the dental examination.
C. The caseworker will schedule children and youth who do not have a
regular dentist and cannot access one, to Medicaid providers for
scheduling of an appointment.
D. The caseworker must document dental appointments in the case file.
Adm\manss26.jag
Social Services Division Policies and Procedures
Attachment A
COLORADO DEPARTMENT OF HUMAN SERVICES
County
I Director of
County Department of Social Services, have responsibility for the foster care placement of
by virtue of: (check one)
(Name of Child)
1. A court order giving the County Department guardianship
2. A court order giving the County Department legal custody; or
3. A placement contract with the parent(s) of said child.
I do hereby authorize to consent
(Facility)
to 1) ordinary medical and dental care; and 2)to consent to any emergency surgical and dental treatment
for said child after having made reasonable effort to contact the County Department to obtain its consent.
Between 8:00 a.m. and 5:00 p.m. of a normal workweek,the facility will make every effort to
contact the assigned caseworker of any emergency medical or surgical issues prior to any authorization.
If the caseworker is not available, the facility will contact the Intake Screener at 352-1551, extension
6211. After 5:00 p.m. and before 8:00 a.m. and weekends,the facility will contact its local police
department who will contact the County Depaitiuent's emergency duty worker.
The County Department shall be notified by the facility no later than the following working day
of any administration of emergency medical or surgical services provided under this authorization.
The facility is required to maintain a complete record of all medical and surgical services provided
and drugs administered to the above named child.
The facility will provide an up-to-date copy of the above medical record to the County Department
at the time of submittal of each progress report including the progress report submitted at the time of the
child's termination from the facility's care.
This authorization shall be in effect during the period of time the child is in the care of the facility.
Director, County Department of Social Services Date
State Form CWS-25 (Rev. 11/94)
County Department Revised 5/00
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Social Services Division Policies and Procedures
2.606 Review Hearings
Revised 5/8/00 The caseworker will prepare written FSP reports as follows:
A. Three month review hearings. The caseworker is not required to prepare
an FSP following a continuance or adjudication, unless the caseworker's
oral testimony may be too confusing for the Court or other parties. An
update sheet shall be prepared and submitted three days prior to hearing
for the county attorney.
B. Six month review hearing. The caseworker shall prepare an FSP Parts 1,
3B (if the child is in placement), 5A and 5A(1). The letter shall be filed
seven days prior to hearing. If the youth is sixteen years or older, the
caseworker syhall include FSP Part 4D, unless this part has been
previously submitted. If the treatment plan requires major changes, the
caseworker shall recommend these changes in FSP Part 3A. If there are
new developments after the letter has been submitted, the caseworker shall
provide an update sheet three days prior to the hearing to the county
attorney.
Adm\manss34.jag
Social Services Division Policies and Procedures
2.608 Change of Placement
Revised 5/8/00 A. State statutes provide that prior to the change of placement of a child, the
county department shall, to the extent possible, notify the guardian ad
litem, any CASA volunteer, and other parties. If the guardian ad litem or
other party disagrees with the change of placement, he or she may seek an
emergency hearing concerning the appropriate placement for a child. In
an emergency, the county department may proceed to make the change of
placement prior to any requested hearing. C.R.S. § 19-3-213 (1)(a).
B. When a caseworker seeks to change the placement of a child in a non-
emergency situation, and after supervisor approval, the caseworker shall
make the required notifications and document those notifications. If there
is a disagreement by any party or if there is a prior court order in place
stating that the child should not be moved without a court order, the
caseworker shall prepare an update sheet to advise the county attorney and
to request an emergency or forthwith hearing. After reviewing the update
sheet, the assigned county attorney will decide if and how the department
will proceed or wait for the party who disagrees to ask for a hearing. The
update shall identify which parties are in disagreement. If there is no
disagreement, the caseworker shall prepare a letter advising the court of
the change in placement. No child should be moved in a non-emergency
situation without supervisor approval and until all notifications have been
made.
C. In an emergency situation, the appropriate move should be made (after
supervisor approval) and the notifications shall be made as soon afterward
as is possible. An update sheet shall be prepared if there is any
disagreement by another party and the matter discussed with the county
attorney so that appropriate court action can be taken. If there is no
disagreement after the fact, the caseworker shall prepare and submit a
letter to the court advising of the move and situation
D. All placement changes shall be made known to the paralegals, even if a
court hearing is not needed.
Adm\manss34.jag
Social Services Division Policies and Procedures
2.615 Paper Reviews
Revised 5/8/00 A. Pursuant to Federal Regulations an in-court permanency hearing needs to
be held every 12 months. The caseworker will prepare an FSP Part 1, SA
and 5A(1) for paper reviews requesting an in-court review in six months
for the permanency hearing. The FSP will be filed with the court and
distributed to all parties two weeks before the hearing.
B. If a case is set for a paper review and caseworker believes the
circumstances are such that an in court review is necessary, the caseworker
shall prepare a Legal Update Sheet requesting an in court review. The
Assistant Weld County Attorney will prepare a motion for the court to set
a review hearing.
2.616 Policy for Notice to Foster Parents of Court Hearings.
Revised 5/8/00 A. Pursuant to C.R.S. 19-3-502(7), which requires the Court to send notices
to foster parents, relatives, CPA's, RTC's, and RCCF's, the Department
has agreed that the paralegals will send the notices for the Court. This will
be done as follows:
1. The paralegals shall send, as a notice to placements, a copy of the
written order from the last hearing. If there written order was
prepared by the Depaztment, a copy of the minute order will be
sent.
2. The paralegals shall keep a placement tracking sheet in each file,
with the placement's name, address mailed to, type of notice sent,
and date sent and which paralegal sent it.
B. In order for the paralegals to be able to send these notices out in a timely
manner, the Social Services caseworkers shall provide the following
information in a timely fashion.
1. When a caseworker is filing a new D&N or Review of Need of
Placement and is requesting custody to the Department or a
relative, the caseworker will give the name and address of the
placement with their request. If the placement is through a CPA,
the name and address of the CPA shall be included.
Adm\manss34.jag
NOTICE OF RIGHTS AND REMEDIES FOR FAMILIES
`(our child(ren)have been,OR are being removed from your home pursuant to Colorado Revised Statute,Title 19, C.R.S.,the
'olorado Children's Code. This notice provides you with important information. This is an important document,please read it
arefully. If English is not your primary language, or you are hearing impaired you may request an interpreter for all proceedings. If
ou know or have reason to know your family is of American Indian heritage,the Indian Child Welfare Act(P.L. 95-608) applies.
'The United States Constitution and State of Colorado Constitution guarantee your right to due process which includes a fair hearing.
PARENTAL RIGHTS
1. You have a right to receive this NOTICE OF RIGHTS AND REMEDIES and a juvenile court order.
Z. You have a right to an attorney. If the court decides you cannot afford to pay an attorney one will be provided for you at no cost.
You are entitled to petition the court to appoint an attorney of your choosing that may or may not be granted by the Court.
3. You have the right to participate with the County Department of Social Services(referred to hereinafter as D.S.S.) Caseworker in
'developing a case plan. All parties will be requested to sign the case plan.
4. You have the right to a Detention Hearing within 48 to 72 hours to determine if your child(ren)should return home. This hearing
MUST be held either within 48 to 72 hours,excluding Saturdays, Sundays and holidays. If the court decides that your child(ren)
should not return home,your children may be placed with their grandparents or other appropriate relatives,or remain in foster care
with the County D.S.S. You have the right to testify and present witnesses in the court as to why the child(ren)should be allowed to
return home,or whether they should be placed with their grandparents or other relatives. You have the right to compel witnesses by
subpoena,to attend all court proceedings,and to ask questions of any witnesses. If the petition is granted,the child(ren) are
adjudicated dependent and neglected; legal custody of your child(ren)may be given to the County D.S.S. Families may make later
formai requests, at anytime, for a hearing to regain legal custody of their child(ren).
5. You have the right to a Juvenile Judge instead of a magistrate at all proceedings of the court except the initial Detention
hearing.
6. You have the right to have the Dependency and Neglect Petition filed with the court no later than 10 workingd after (
renr
are removed(Rules of Juvenile Procedure,Rule 4.A.)
7. You have the right to a jury trial.
8. You have the right to have the People prove that the allegations of the petition are true by a preponderance of evidence. In the case
of an Indian child the standard is clear and convincing evidence. If the petition is not granted, the court can order the state to pay all
your costs.
9. You have a right to appeal any final decision of the court,unless you agree to a finding that your children are"Dependent and
Neglected"(this would include an admission of"no fault of your own"). In that case, you lose your rights to a jury trial, to subpoena
witnesses and to appeal the court's finding of"Dependent and Neglected".
10. You have a right to complain,through a grievance process adopted by the Weld County Board of Social Services,regarding the
conduct of a Department employee in performing his or her duties pursuant to Article 3 of the Colorado Children's Code. Your
written complaint will be treated as a grievance in the process if the conduct was contrary to state or federal law or regulation, or was
dangerous,malicious,or negligent toltoward your well-being or the well-being of child(ren)who are involved in the dependency or
neglect case.
NON-EMERGENCY REMOVAL:
If your child(ren) are being removed in a non-emergency situation,you are to receive a copy of the juvenile court order authorizing
the removal and stating the reasons why your child(ren)are being removed along with a copy of this notice. (If your child is removed
from some place other than the home,you are to receive the order the same day.)
Specific reason for non-emergency removal:
EMERGENCY REMOVAL:
If our child(ren)have been or are being removed under Colorado Statute 19-3-401,you will receive a copy of the court order
forthwith. The reason for emergency removal is(reason cited from Colorado Statute 19-3-401):
Taking children into custody. (1)A child may be taken into temporary custody by a law enforcement officer without order of the
court:
�(a) When the child is abandoned, lost, or seriously endangered in such child's surroundings or seriously endangers others and
immediate removal appears to be necessary for such child's protection or the protection of others. or
__(b)When there are reasonable grounds to believe that such child has run away or escaped from such child's parents, guardian,
legal custodian; or
�(c)When an arrest warrant has been issued for such child's parent or guardian on the basis of an alleged violation of section 18-3-
304, C.R.S. No child taken into temporary custody pursuant to this paragraph(c)shall be placed in detention or jail.
:1.5)An emergency exists and a child is seriously endangered as described in paragraph(a)of subsection(1)of this section whenever
the safety or well-being of a child is immediately at issue and there is no other reasonable way to protect the child without removing
the child from the child's home. If such an emergency
efforts to exists,
ap child
the family have been shall be removed from suchmad child's home and placed in
protective custody regardless of whether
(2)The taking of a child into temporary custody under this section shall not be deemed an arrest,nor shall it constitute a police record.
Specific reason for removal:
REAS JNABLE EFFORTS:
The law requires that reasonable efforts be made before,during, and after removal of child(ren)with parents, as described in I -
103,C.R.S.
(89)"Reasonable efforts..."means the exercise of diligence and care throughout the
tate or Colo develop the supportive h reandrehab
of children
who are in out-of-
home
e
placement, or are at imminent risk of out-of-home placement, fprovide, Schildren outside of such children's homes and to
urcservices to the family that are required both to prevent unnecessary placement of
foster,whenever appropriate,the reunification of children with families of such children. Services provided by a county or city and
county in accordance with section 19-3-208 are deemed on
to meet the with federal la
reasonable effort standard described in this subsection(89)
Nothing in this subsection(89) shall be construed
w.
State what reasonable efforts have been made to prevent the removal of the child(ren)from the home or explain why these efforts
were not made:
TERMINATION OF PARENTAL RIGHTS: rights may be terminated at a separate bearing. The
If you do not comply with the treatment plan ordered by the court,your parental
standard of evidence for termination of parental rights et is is not clear nd convincing the in cl cases,except an order the state cases
pay all your costs.
iid(ren) where
the standard is beyond a reasonable doubt. If the pgranted,
hild(re ) as permitted by the court be of
While your child(ren)is placed out of the home,you have
reviews. Periodic reviews take plae at the county department of visit
` cand ociaiservc es.
their well being. There will be regular court ordered re
Reviews in court can be requested by you or required by the court.
CONFLICT RESOLUTION:
The Weld County Board of Social Services has established a Conflict Resolution Process to provide a forum
uuie for
n dependency and
grievances
concerning the conduct of Weld County Department of Social Services employees in performingsolution Process if their of a report of
neglect investigations and cases. You are eligible to utilize Conflict
a child who is the subject of such a report.are the If you wish to child
abuse or neglect,or the parent(s),guardian(s), or legal custodian(s)
submit a grievance under the Conflict Resolution Process,you will need to contact Ms.Judy Crosby at(970)352-1551,ext. 6501.
Her office is located at the Weld County Department IISocial Services, ���0�alendarvenue,days of theley,CO aileged gn cdent of the 31. Any such
grievance must be submitted to the Department in g
employee conduct which is the subject of your grievance.
COUNTY SPECIFIC AND IMPORTANT TELEPHONE NUMBERS:
Caseworker(name and number)
Law Enforcement(name and number) 70 -15 i ext. 6 10
County Department of Social Services Director d A. 'e
County Grievance Coordinator Judy Crosby.(970 362-1551.ext.6501 Ju Cr sb _
Other local resources The Citizen Review Panel Procedures and Conflict Resolution Process is available the
70 352-15 e t 65
State Form Adopted 1/1/98
Revised by Weld County Department of Social Services 5/1/00
NOTIFICACION PARA LAS FAMILIAS SOBRE DERECHOS LEGALES Y CORRECCIONES
Su(s)hijo(s)ha(n) sido,o esta(n)por ser separado(s)de su hogar en cumplitniento del Estatuto Revisado de Colorado,Titulo 19, C.R.S.
del Codigo Infantil de Colorado. Esta notification le proporciona information importante. Este documento es importante,lealo
auidadosamente por favor, Si el idioma ingles no es su idioma matemo, o si padece de algan defecto auditivo,puede solicitar le sea
proporcionado un interprete durante el curso de todos los tramites y procedimientos. Si sabe o existe razon para creer que su familia es de
origen indio-americano,resultara aplicabie entonces el Acta para el Bienestar de la Nifiez India(Indian Child Welfare Act,P.L. 95-608.)
La Constitution de los Estados Unidos y la Constitution del Estado de Colorado garantizan su derecho a un proceso legal, to que incluye
una audiencia impartial.
ERECHOS PATERNOS:
1. Listed tiene el derecho a recibir esta NOTIFICACION DE DERECHOS Y CORRECCIONES y una orden del Tribunal para menores.
2. Listed tiene derecho a contar con los servicios de un abogado. Si el Tribunal decide que usted no puede pagar un abogado, se le
proporcionari uno gratuitamente. Tiene usted derecho a solicitar que el Tribunal nombre un abogado seleccionado por usted,
petition la cual puede ser o no aceptada por el Tribunal.
3. Usted tiene derecho a participar con el(la)trabajador(a)social del Departamento de Servicios Sociales del condado asignado a su
caso, (se hark referencia en lo sucesivo al Departamento con las initiates D.S.S.), en la elaboration de un plan aplicado al caso. Se
les requerira a todos los participantes que firmen el plan asignado a su caso.
4. Usted tiene el derecho a una Audencia de Detention para determinar si su(s)hijo(s)puede(n)regresar a la casa. Esta Audencia debe
celebrarse dentro de 48 a 72 horas,excluyendo sabados, donaingos y dias festivos. Si el Tribunal determina que su hijo(s)o hija(s)no
debe(n)regresar a su hogar,su(s)hijo(s)puede(n)pasar con sus abuelos u otros familiares, o puede(n)continuar bajo la tutela del
D.S.S. del condado. Usted tiene el derecho a atestiguar sobre la razon por la cual se debe pennitir que su hijo(s)regrese(n) a su
hogar,o si debe pasar bajo custodia de sus abuelos u otros familiares. Listed tiene el derecho de hacer comparecer testigos mediante
citatorio judicial,para que se presente en todos los procedimientos del Tribunal y a interrogar a cualquier testigo. Si la petition es
aprobada, el(los)nino(s)son adjudicados legalmente como dependientes y desatendidos,la custodia legal de su(s)nino(s)pueden
pasar al D.S.S. del condado. Las familias pueden presentar solicitudes formates posteriores,en cualquier momento,para una
audiencia con el fm de recuperar la custodia legal de el(los)hijo(s).
5. Listed tiene el derecho a un juez de la rama juvenil en lugar de un magistrado en todos los procedimientos del Tribunal, excepto en la
Audiencia Initial de Detention.
6. Tiene derecho a presentar la Petition de Dependencia y Desatencion ante la torte en un plazo no mayor a 10 dias habiles a partir del
momento en que el(los)nino(s)son separados.(Reglas de Procedimiento Juvenil,Regla 4.A).
7. Listed tiene derecho a un juicio ante un jurado.
8. Listed tiene derecho a que la Procuraduria apruebe que los argumentos de la petition son verdaderos mediante la preponderancia de la
evidencia. En el caso de un(a)nino(a)Indio(a) la norma tiene que ser evidencia clara y convincente. Si la petition no es aprobada, el
Tribunal puede ordenar al Estado que pague todos los gastos erogados por usted.
9. Usted tiene derecho a apelar cualquier decision final del Tribunal,a menos que este usted de acuerdo en aceptar el fallo de que su(s)
hijo(s) son"Dependientes y Desatendidos"(esto incluiria un reconocimiento que"no existe culpa de su parte"). En tal caso usted
perderia sus derhos a un juicio ante un jurado a hater comparecer testigos por citatorio judicial,y a apelar el fallo de
"Dependientes y Desatendidos"del Tribunal.
SEPARATION NO URGENTE:
Si su(s)hijo(s)ha(n) sido separados en una situation no urgente, usted tiene que recibir una copia de la orden del Tribunal para menores,
mediante la cual se autoriza la separation y se establecen las razones por las cuales su(s)hijo(s)han sido separados,conjuntamente con
una copia de esta notification. (Si su(s)hijo(s)ha(n) sido separados, conjuntamente con una copia de esta notification. (Si su hijo es
separado de un lugar distinto al hogar,usted tiene que recibir la orden el mismo dia).
Razon especifica de la separation no urgente: --
SEPARACION IIRC;ENTF
Si su(s)hijo(s)ha(n)sido o son separados bajo el estatuto de Colorado 19-3-401,usted recibira adjunta una copia de la orden del
Tribunal. La razon de la separation de emergencia esta(citada en el estatuto de Colorado 19-3-401):
Custodia de los ninos. (1)Un nino puede pasar a custodia temporal mediante la ley judicial sin orden del Tribunal:
(a) Cuando un nino es abandonado se pierde o esta en un ambiente de serio peligro o pone en peligro a otros. La separation
inmediata es necesaria para la protection de este nino y protection de los demos.
(b) Cuando hay razones poderosas para creer que ese ratio se ha ido o ha escapado de sus padres,tutor o de su custodia legal; o
(c) Cuando se unite una orden de aprehension contra el padre del niflo o tutor en base a una violation sin pruebas de la section 18-3-
304,C.R.S.Ningtin niflo en custodia temporal con referencia a este parrafo(c), debe ser detenido o encarcelado.
(1.5)Existe una emergencia,y un nine en serio peligro como se describio en el parrafo(A), subsection(1)de esta section, cuando la
seguridad o el bienestar de un Wino esta en cuestion inmediatamente y no hay otra manera razonable de proteger al niflo sin separarlo de su
casa. Si existe dicha emergencia,el niflo debe ser separado de su casa y pasar a custodia de protection independientemente de cuales sean
los esfuerzos razonables que la familia haya hecho para preservarlo.
(2) La custodia temporal de un nine dentro de esta section no debe proceder como arresto,ni debe constituir un registro de la policia.
Razon especifica para la separation:
FUSFITERZOS RAZONABI ES:
La ley requiere que se hagan primero los esfuerzos razonables,durante y despues de la separation de los niflos de los padres,como se
escribe en 19-1-103, C.R.S.
(89) "Esfuerzos razonables"significa el ejercicio de diligencia y cuidado a traves del Estado de
Colorado para ninos que estan fuera de la casa,o estan en riesgo eminente de estar fuera de la casa para proveer, comprar o desarrollar los
servicios de apoyo,rehabilitation pars la familia que requieren los dos. Para prevenir lugares innecesarios para los ninos fuera de sus
casas,y sus casas provisionales cuando sea apropiado, la reunion de ninos con familias de esos nines. Los servicios provistos por un
condado o ciudad y un condado de acuerdo con la section 19-3-208,deben alcanzar la norma de esfuerzo razonable descrita en la
subsection(89). Nada en esta subsection debe estar en conflicto con la ley federal.
Mencione cuales esfuerzos razonable se han hecho para prevenir la separation del//los nino(s)de la casa y explique porque no se hicieron
estos esfuerzos:
TERMINACION DE LOS DERECHOS DE LOS PADRES:
Si usted no esta en cumplimiento con el plan de tratamiento ordenado por el Tribunal,sus derechos de padres pueden ser definitivos en
una audencia por separado. La norma de evidencia para la termination de los derechos de los padres es clara y convincente en todos los
casos, excepto en casos de niflos Indios donde la norma va mas all.de la duda razonable. Si Ia petition no se concede,el Tribunal puede
ordenar al Estado que pague todos sus costos.
Mientras su niflo este en un lugar fuera de la casa,usted tiene el derecho de visitarlo come lo permita el Tribunal y sea aconsej ado de su
bienestar. Se daran revisiones regulares ordenadas por el Tribunal, en el Departamento de Servicios Sociales del condado. El Tribunal o
usted pueden requerir revisiones.
SOLUCION DE lJ} CONFLICTO:
La Mesa Directiva del Departamento de Servicios Sociales de Weld ha establecido un proceso de solution de conflicto para proveer un
panel de quejas con respecto a la conducta de los empleados del Departamento de Servicios Sociales de Weld, en desarrollar sus
responsabilidades eucasos de Dependencia e Investigations de Negligencia. Usted es elegible para utilizar el proceso de solution de
conflicto,si usted es la materia de un reporte de abuso de ninos o negligencia,o los padres,tutores,o custodia legal de un niflo que es la
materia de dicho reporte. Si usted desea entregar una queja bajo el proceso de conflicto de solution usted necesitara comunicarse con
Judy Crosby al(970)352-1551,extension 6501. Su oficina se localiza en el Departamento de Servicios Sociales del condado de Weld, en
la Avenida 11 Norte#315, Greeley,Colorado 80631. Cualquier queja debe entregarse al Departamento por escrito no mas de 30 dias
calendario del incidente sin pruebas de la conducta del empleado la cual es la causa de su queja.
NUMEROSTEI._EFONIC_2S ESPECIFICOS E IMPORTANTES DEL CONDADO:
Trabajador(a)(nombre y ntimero de telefono)
Representante de la Ley(nombre y namero de telefono)
Director del Departamento de Servicios Sociales del condado Judy Griego. (970) 352-1551. extension 6510
Coordinador de Quejas del condado Judy ro by (9701 X52 1551 extension 6501
Otros recursos locales
Forma Estatal adoptada 1/1/98
Revisada por el Departamento de Servicios Sociales del condado de Weld 5/1/00
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