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HomeMy WebLinkAbout991585.tiff RESOLUTION RE: APPROVE SOCIAL SERVICES DIVISION POLICIES AND PROCEDURES SECTION OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES OPERATIONS MANUAL 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 the Social Services Division Policies and Procedures Section of the Weld County Department of Social Services Operations Manual, 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 section, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the proposed Social Services Division Policies and Procedures Section of the Weld County Department of Social Services Operations Manual be, and hereby are, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 1999. wA BOARD OF COUNTY COMMISSIONERS COUNTY, CsLORADO O�� i ♦ - ATTEST: /0•41 gale K. Hall, Chair Weld County Clerk to th. ':. r (GOV r�� arbara J. Kirkmeyer, Pro-Tem (J Deputy Clerk to the Boar. _ . EXCUSED DATE OF SIGNING (AYE) 2 George E. xter APPROV AS TO FORM: /// _WA/ < / ey M. J. :/i//��/1 ,'d) L _ 7_ ouy�t Attorney Glenn Vaal'•— SS991585 J SS0026 DEPARTMENT OF SOCIAL SERVICES PO BOX A jilt t<IGREELEY, CO 80632 Administration and Public Assistance(970) 352-1551 WI Chil ort(970) 933 C. Protective and Yo th�Servces (970) 352-1923 COLORADO MEMORANDUM TO: Dale K. Hall, Chair Date: July 6, 1999 Board of County Commissioners FR: Judy A. Griego, Director, Social Services 0 110 �ja,(4 I RE: Social Services Division Policies and Proc ures Section of the Weld County Department of Social Services Operations Manual Enclosed for Board approval is the Social Services Division Policies and Procedures Section of the Weld County Department of Social Services Operations Manual. The major purposes of this Manual are to: 1. Update Policies and Procedures. The Department has updated its policies and procedures to: a. Meet requirements of the Colorado Department of Human Services Volume VII and related agency letters and to conform to the Child Welfare Settlement Agreement. b. Edit and revise outdated policies and procedures or develop new policies and procedures that more accurately reflect the Department's operation in the Social Services Division. c. Provide approved Board policies for use by the Department in a State Administrative Hearing. A State Administrative Hearing Officer may require written proof of County policies in addition to State Regulations and Rules. 2. Develop New Policies and Procedures that Significantly Impact the Social Services Division. The Department has included significant policies and procedures for Board approval. These policies and procedures are as follows: a. Negative Licensing Policies and Procedures for County Certified Foster Care Homes. The Department requests new policies and procedures to clarify and to establish standards to reject Foster Care applicants and to decertify Certified Foster Care Homes. 1 991535 b. Critical Care Foster Care Program. The Department requests a new program under our Child Welfare budget. This program is our effort to compete with Child Placement Agencies that charge higher foster care rates than our County Certified Foster Care Program. The policies and procedures establish parameters for eligibility of foster care children who can receive critical care, qualifications of County Certified Foster Care Homes to participate in this program, and proposed reimbursement rates. c. Subsidized Adoption Rates. The Department requests policies concerning subsidized adoption payments. The Department in State Administrative Hearings will use these policies when adoptive parents demand Child Placement Rates for subsidized adoption payments. If you have any questions, please telephone me at extension 6510. cc: Bruce Barker, Weld County Attorney Don Warden, Finance Administration 2 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 Adm\mansstc.jag ii of ix 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 Adm\ntansstc.jag i of ix 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 2.303.1 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 2.305.4 Transmittal to the Director 2.305.5 Pre-Denial or Pre-Revocation Conference 2.305.6 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 2.308.1 Children Who are Eligible for Critical Care Foster Care Revised 3/99 Adm\mansstc.jag iii of ix Social Services Division Policies and Procedures SECTION: TITLE: 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 2.320 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 Promoting Safe and Stable Families Program Services Available for Children in Pre- and Post-Subsidized Adoption Revised 3/99 Adm\mansstc.jag iv of ix Social Services Division Policies and Procedures SECTION: TITLE: 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: 2.602 Legal Update Sheet 2.603 Order to Investigate Revised 3/99 Adm\mansstc.jag v of ix Social Services Division Policies and Procedures SECTION: TITLE: 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 2.700 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 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 Revised 3/99 Adm\mansstc.jag vi of ix Social Services Division Policies and Procedures SECTION: TITLE: 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 2.800 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 2.802 Core Services Program 2.802.1 Definitions 2.802.2 Program Eligibility 2.802.3 Procedures to Access Services Revised 3/99 Adm\mansstc.jag vii of ix Social Services Division Policies and Procedures SECTION: TITLE: 2.803 Promoting Safe and Stable Families Program 2.803.1 Definitions 2.803.2 Adoption Promotion and Support Services Program 2.803.21 Program Eligibility 2.803.22 Program Services Under Adoption Promotion and Support Services Program 2.803.23 Procedures to Access Services 2.803.3 Time-Limited Reunification Services Program 2.803.31 Program Eligibility 2.803.32 Program Services Under Time-Limited Reunification Services Program 2.803.33 Procedures to Access Services 2.803.4 Family Support Program 2.803.41 Program Eligibility 2.803.42 Program Services Under Family Support Program 2.803.43 Procedures to Access Services 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 2.904.1 Functions of the Weld County Families, Youth, and Children Commission 2.904.2 Structure of the Weld County Families, Youth, and Children Commission Revised 3/99 Adm\mansstc.jag viii of ix Social Services Division Policies and Procedures SECTION: TITLE: 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 Adm\mansstc.jag ix of ix Social Services Division Policies and Procedures 2.000 Social Services Division Policies and Procedures 2.000.1 Definitions Revised 3/29/99 A. Board or County Board means the Board of County Commissioners, Weld County, Colorado. B. Board of Social Services or County Board of Social Services means the Board of County Commissioners, Weld County Colorado. Reference: § 26-1-116, C.R.S. B. Department or County Department means the Weld County Department of Social Services. Reference: § 26-1-155 (1), C.R.S. C. Director or County Director means the Director of the Weld County Department of Social Services. Reference: § 26-1-117(1), C.R.S. D. State Department means the Colorado Department of Human Services that is charged with the administration or supervision of all public assistance and welfare activities of Colorado. Reference: § 26-1-111(1), C.R.S. E. State Board or State Board of Human Services means the Colorado Board of Human Services that promulgates rules and regulations that are binding upon counties, governing fiscal and general administration for county departments and prescribe the scope and content of programs administered by county departments. 2.000.2 Legal Authority Revised 3/29/99 The legal authority of the Social Services Division is as follows: The legal authority of the Social Services Division is found in various sections of the Federal Statutes and Regulations and Colorado Statutes. The Human Services Code, Chapter 26, of the Colorado Revised Statutes, contains the funding and authority for Adult Protective Services, Child Welfare Services, Family Preservation, Services for Homeless Youth, Child Care Centers, Child Care Services, Subsidization of Adoption. C.R.S. §26-5- et. seq. and § 26-6- et. seq. Child Support Enforcement authority is found in Article 13 of Chapter 26, C.R.S. Further authority is found in the Children's Code (Chapter 19, C.R.S.) for Child Adm\manss59.jag Social Services Division Policies and Procedures Protection and Delinquency actions. Federal programs administered by the Social Services Division are covered in the Code of Federal Regulations. Adm\manss59.jag Social Services Division Policies and Procedures 2.001 Social Services Division Functions Revised 3/29/99 The Department's Social Services Division is organized to: A. Conform with State mandated program areas. B. Reflect the County Department's service priorities C. Provide for the most effective use of available work force. 2.001.1 Social Services Division Revised 3/39/99 The Social Services Division functions through four service units as follows: A. Protective Services to Children: This program area is designed to protect children whose physical, mental, or emotional well-being is threatened by the actions or omissions of parents, legal guardians or custodians., or persons responsible for providing out-of-home care, including a foster parent, an employee of a residential child care facility, and a provider of family child care or center-based child care. The Department provides services to children whose physical, mental, or emotional well-being has been threatened or harmed due to abuse or neglect, as defined in C.R.S. § 19-1-103 (1), and children who are subjected to circumstances in which there is a reasonable likelihood that they are at risk of harm due to abuse or neglect by their parents or caretakers including children who are alleged perpetrators and are under the age of ten. B. Protective Services to Adults: The primary objective of this program area is to intervene with or on the behalf of at-risk adults to correct or alleviate situations in which actual or imminent danger of abuse, neglect, or exploitation exists and to utilize support systems to provide continuing safety from the incident(s) of abuse, neglect, or exploitation. C. Youth In Conflict: This program area is designed to reduce or eliminate conflicts between youth and his or her family members or the community when those conflicts affect the youth's well-being, the normal functioning of the family or the well-being of the community. The focuses of services are to alleviate conflicts, protect the youth and the community, reestablish family stability, or assist the youth to emancipate successfully. adm\manssl.jag Social Services Division Policies and Procedures D. Resource Services: This unit provides supportive services to other units previously described. Supportive services in this area are: 1. Foster Care certification including initial and periodic safety and regulatory assessment, supervision, complaint investigation, ongoing coordination and training of County Certified Foster Care homes. County Certified Foster Care homes include receiving homes, specialized group homes, and certified kinship care. 2. Adoption services including screening, assessment/home studies, technical assistance through finalization of adoption, subsidy eligibility and annual review, training, pre/post adoptive support- services, out-of-state adoption coordination and purchase of adoption services from agency providers. 3. Family Preservation services including the programs of Core Services and Promoting Safe and Stable Families. 4. Weld County Families, Youth, and Children Commission, the Department's advisory committee on social services functions, support activities. adm\mans l.jag Social Services Division Policies and Procedures 2.100 Child Protection Unit Organization Revised 3/29/99 The Department is organized around two child protection units as follows: A. Intake Unit: has responsibility for the initial investigation of a case and for court procedures related to adjudication if the matter is brought to court by the Intake caseworker. B. Ongoing Unit: has responsibility for working with cases that need continued support or supervision and focus on permanency planning for children. 2.100.1 Child Protection Intake Unit Duties Revised 3/29/99 A. Investigate child protection referrals. B. Continue to support and supervise cases that can be closed within sixty days. C. Initiate court actions concerning placement or protective cases. D. Transfer cases to the Ongoing Units of child protection or Youth In Conflict. E. Document all child protection, Youth In Conflict, and Adult At-Risk referrals for the Department. F. Provide information and referral. 2.100.2 Child Protection Referrals Revised 3/29/99 A. The Intake Unit provides immediate evaluation of child protection referrals. B. An Intake Manager will assign a response time on cases assigned for investigation. C. The Intake Unit maintains an Intake Register of each child protection referral. D. The Department requires timely and adequate evaluation of children who are allegedly subjected to abuse or neglect. 2.100.21 Child Protection Intake Register Adm\mans 19.j ag Social Services Division Policies and Procedures Revised 3/29/99 A. The Intake Unit maintains a daily register of all child protection referrals received from all sources. All referrals are recorded in the register. Referrals from the community, citizens, agencies, and law enforcement come to the Department through telephone, letter, in-person, etc. B. To ensure responsive and complete evaluation, accurate recordin.g of all child protection referrals and follow-up information is required.. C. The child protection register and the intake/referral form documentation are to demonstrate: 1. Timely response in the investigation of referrals. 2. Adequate and timely supervisory review and decision. 3. Disposition or outcome of the referral. 2.100.22 Child Protection Intake Register Procedures Revised 3/29/99 A. Initial information is recorded by the Intake Screener. All referrals are recorded. B. Department records and the Central Registry are checked, as appropriate, for previous contacts or previous substantiated child abuse or neglect. C. An Intake Manager reviews the child protection referral and decides, on the same day of the referral, to assign or not to assign to a caseworker for investigation. The Intake Manager will document the assignment or nonassignment of the referral, will complete the appropriate section of the Intake/Referral form, and will sign it. Adm\mans 19.jag Social Services Division Policies and Procedures 2.101 Intake Procedures for Child Protection 2.101.1 General Intake Procedures Revised 3/29/99 A. Screening the Referral. The Intake Screener will gather information from the reporting party. This information will include the specific allegations, and identifying information about the family and about the reporting party. The reporting party has the right to remain anonymous. C.R.S. § 19-3-309 provides immunity from liability for certain reporting parties if the reporting party makes the referral in good faith. After taking the referral information, the Intake Screener will check the Department's records and the State's Central Registry for any child protection history on the family. B. Assignment Decisions. The Intake Manager reviews the referral for a determination on whether the referral meets criteria for an investigation and, if so, what the response time will be. The Intake Manager determines which caseworker will be assigned to the case and records this information on the written and computer logs. C. Investigation Procedures. Investigation procedures for cases are outlined in steps 1 through 11; however, each case is unique and may require different or additional procedures. Supervisors and caseworkers will staff each case to decide appropriate procedures. All investigations will be conducted in compliance with relevant Colorado statutes, regulations, and other requirements. 1. Determine whether law enforcement needs to be notified. Law enforcement and the Department will do joint investigations on cases involving sexual abuse with perpetrators over the age of ten, cases involving serious physical injuries, or the parent's behaviors indicate the child's safety is at risk. 2. Contact the reporting party to clarify the report and gather additional information. 3. Observe and interview the child(ren)who is/are the alleged victim(s) within the assigned response time to assess safety issues. Children must be seen outside the presence of the parents or alleged perpetrators. This interview may take place at the school, Adm/manss 10.jag Social Services Division Policies and Procedures the day care, the family home or wherever the child is located. In cases of sexual abuse or severe physical abuse, the interview will be videotaped and/or recorded. 4. Observe and interview any othetchild living in the home. Assess the safety of these children and determine what information they may have regarding the alleged incident. 5. Interview the parents and alleged perpetrators. Interviews with perpetrators should be coordinated with law enforcement when a joint investigation is underway. 6. A visit to the home to assess the home environment wi Il be conducted on all investigations unless this requirement is waived by a supervisor. 7. The caseworker will determine whether further evaluations, such as medical examinations, are necessary to the investigation. 8. The caseworker will gather all records with information pertinent to the investigation including criminal records, medical records, school records, psychological records, etc. 9. Upon completion of the investigation, the caseworker will determine whether the allegations are substantiated. When appropriate, a report will be filed with the State's Central Registry. 10. In a situation where the safety of a child is deemed to be at risk, the caseworker will contact law enforcement to determine whether the child should be taken into protective custody. This decision is within the jurisdiction of the law enforcement officer, but is often made in consultation with the caseworker. If the child is removed from the parent's custody, the parent will be given copies of the Rights and Remedies form and the Weld County Grievance Procedure. 11. Cases will be documented in compliance with state standards. 2.101.2 Multiple Reports of Neglect or Abuse Concerning a Child, Family or Perpetrator Adm/manss 10j ag Social Services Division Policies and Procedures Revised 3/29/99 A. The Child Protection Services Intake/Referral Form shall be used to document the number of previous reports. Information shall be gathered by the Intake Screener from such sources as the Department's computer data base, case records, Central Registry, and CWSEST. B. The caseworker, if one is currently assigned, and two child protection managers shall review the case and all reports before a decision to investigate or not investigate is decided by the two child protection managers. C. The review shall be documented in the file on the investigation summary form. An Intake Manager is to ensure that the review and the documentation have occurred and are appropriately documented. 2.101.3 Institutional Abuse Investigations Revised 3/29/99 Institutional abuse or neglect is defined as abuse or neglect occurring in twenty- four hour or day care settings. Investigations of institutional abuse allegations will be conducted according to Volume VII. 2.101.31 Procedures for Investigating Institutional Abuse Allegations Revised 3/29/99 A. Referrals regarding institutional abuse allegations will be screened to determine whether they meet the criteria for investigation. All institutional referrals that are assigned will be given a twenty-four hour response time to investigate. The Weld County Health Department is responsible for day care licensing and will be notified by the caseworker as part of the twenty-four hour response time on any investigations regarding licensed child care providers. B. The caseworker will contact the reporting party for additional :.reformation. C. The appropriate law enforcement agency will be notified if the allegation involves any criminal violation. D. The investigation will include an observation of, and an interview with the alleged victim, any identified potential victims, witness, staff members and the Director of the facility. The investigating worker will review incident reports and any other relevant documentation. The investigating worker will review any prior child protection investigations on the facility. Adm/manss 10.jag Social Services Division Policies and Procedures Parents of any alleged victim will be notified of the allegations and interviewed regarding any information they may have about the incident. Parents or guardians of any other children placed in the same facility will be notified of the investigation and offered the opportunity to be interviewed by the caseworker. E. The form entitled, "Recommendation for Immediate Licensing Action" shall be prepared and a copy send to the Weld County Health Department no later than fifteen days after the date of the initial referral. F. A report will be prepared documenting the investigation, and any recommended corrective action to be taken by the facility. This report will be distributed to the facility, the licensing authority for the facility, the State Institutional Abuse Review Team, the Department staff responsible for maintenance of that facility's rile, and the alleged victim. G. When the caseworker issues a CWS-59 report on a day care home, the Weld County Health Department will be supplied a copy within one working day of completing the CWS-59 report. Additionally, the investigation indicates there is an immediate threat to the children's health, safety, or welfare. Adm/manss I O.jag Social Services Division Policies and Procedures 2.101.4 Investigation Regarding County Certified Foster Care Homes Revised 3/29/99 When the Department receives a child abuse or neglect referral regarding a County Certified Foster Care Home, the Department requires a high level of communication among units of the Social Services Division. 2.101.41 Procedures for Investigating County Certified Foster Care Homes Revised 3/29/99 A. The Intake Screener who receives a referral regarding a County Certified Foster Care Home will provide a copy of the referral to the Child Welfare Clerical Unit Supervisor, or designee. B. The Clerical Unit Supervisor will identify, through the CWEST system, and document the names of each child placed in that foster care home and the name of the caseworker assigned to each child. The Clerical Unit Supervisor will attach this information to the referral and provide the information to the Intake Screener. C. The Intake Screener will notify his or her Intake Manager. The Intake Manager will assess the referral according to procedures described in Section 2.101, and determine if: 1. The child(ren) should be immediately removed from the home. 2. Another County Department of Social Services will conduct the investigation and notify such county. D. The Intake Screener will convey the decision of the Intake Manager and notify: 1. Foster Care Coordinators of the referral. 2. Each caseworker who has children in the foster care home. E. Each caseworker will notify the Guardian at Litem assigned to the child and other appropriate persons regarding the referral and any negative licensing actions taken by the Foster Care Coordinators. F. The Foster Care Coordinators will: 1. Identify the name and provider number of the Foster Care Home, Adm\manss4l.jag Social Services Division Policies and Procedures through the Child Welfare Clerical Unit. 2. Identify the names of each child in the foster care home and the names of the assigned caseworkers, through the Child Welfare Clerical Unit. 3. Initiates the investigation of the County Certified Foster Care Home. 4. Notify the caseworkers, in writing, of the status of the County Certified Foster Care Home, if negative licensing procedure is initiated. Adm\manss4l.jag Social Services Division Policies and Procedures 2.102 Notice of Rights and Remedies for Families Revised 3/29/99 The Department shall provide a Colorado Department of Human Services form entitled Notice of Rights and Remedies for Families to the parent(s) of a. child who has been or is being removed from the home according to Title 19, C.R.S., the Colorado Children's Code. 2.102.1 Procedures Revised 3/29/99 A. The caseworker will provide a copy of the form referenced in Section 2.102 to the parent(s) and family from whom the child is removed at the time of the removal. Copies shall also be supplied to all law enforcement agencies in the county. B. The caseworker will assure that the section entitled County Specific and Important Telephone Numbers is complete and document as follows: 1. The caseworker's name and telephone number including the extension. 2. The law enforcement officer's name and telephone number including extension, if available. 3. Director's name. 4. County Grievance Coordinator name, who is Judy Crosby, including telephone number and extension. 5. Other local resources statement that the Citizen Review Panel Procedures and Conflict Resolution Process is available through Judy Crosby. Adm/manss36.jag Social Services Division Policies and Procedures 2.200 Youth In Conflict 2.201 Youth In Conflict Intake Policy Revised 3/29/99 The purpose of this program is to prevent, reduce or eliminate conflicts between the youth and family members or youth in the community when those conflicts affect the youth's well-being, the normal functioning of the family or the well- being of the community. (Reference: 12 CCR 2509-3; State Department, Volume VII, Section 7.201). When intervention is necessary due to court requested services, out of control youth, or youth in imminent danger, the Department provides intervention, reestablishes family stability, or assists the youth to emancipate. Crisis Intervention is available seven days a week, twenty-four hours per day. During normal business hours, referrals are made to the Department. On weekends, after hours, and holidays, referrals are made to local law enforcement. Law enforcement will contact the Department's on-call caseworker as needed. Under Volume VII, Section 7.201.2, the State Department established target groups as follows: A. Children and youth who are beyond the control of their parents or guardians. B. Children and youth whose behavior is such that there is a likelihood they may cause harm to themselves or to others or who have committed acts that could cause them to be adjudicated a delinquent child by the court. 2.201.1 Youth In Conflict Service Priorities Revised 3/29/99 A. The Department has limited fiscal and staff resources. In considering referrals, service priorities are sometimes required to ensure that the case is appropriate for Department service, and that the most serious cases are dealt with first. Consequently, some cases will not be accepted for services. Every effort will be made to refer such cases to other community agencies that may be of help. B. Within the scope of the State Department's target groups, the Department has established five target groups for Youth In Conflict. The criteria used Adm\manss2.jag Social Services Division Policies and Procedures to establish these five target groups are as follows: 1. Youth aged twelve through eighteen, who lack parents, guardians, or relatives with which to live; or youth who have no parents, guardians, or relatives who are wfi1ing to provide care. 2. Youth who are in danger to themselves and/or others as demonstrated by the commission of an act that would be considered a felony if committed by an adult. 3. Youth who are in severe conflict with parents or institutions and who are at great risk of out of home placement. 4. Youth who the Juvenile Court refers to the Department for appropriate services. 5. Youth who need protection from abusive and/or neglectful parents or guardians. C. Within these five target groups, the Department may provide services to youth who: 1. Have been taken into protective custody by law enforcement and cannot be immediately returned to parents or guardians. This definition may include runaways. 2. Are referred by other agencies or professionals due to severe psychological problems and/or self-destructive behavior. The Department may require a psychiatric or psychological evaluation. D. The Department considers the age of eighteen as the age of emancipation. Services are generally discontinued at this age. 2.201.2 Youth In Conflict Voluntary Services Revised 3/29/99 The Department may accept for services a limited number of cases where youth are involved in conflicts with parents or guardians. These cases are considered voluntary. These voluntary cases require positive motivation and a high degree of cooperation from the youth and parents. The voluntary services are defined as case management, referral to community resources, assessment for Core Services, Adm\manss2.jag Social Services Division Policies and Procedures or placement. 2.201.21 Youth In Conflict Intake Policy for Voluntary Services Revised 3/29/99 A. Community resources that are appropriate'must be attempted before ongoing services and/or placement can be considered. Such community resources include, but are not limited to: 1. Mental health counseling 2. School counseling and/or intervention 3. Community parent support groups 4. Parenting classes 5. Substance abuse outpatient services 6. Relative involvement and placement if available 7. Mediation 8. Substance abuse evaluation and treatment services B. If the above agencies or resources cannot assist, the Department will require that certain conditions will be met before providing services as follows: 1. Youth is motivated to change and is willing to engage in counseling. 2. Parent(s) demonstrate motivation and follow through in cooperating with the Department's caseworker. 3. Parent(s) and the youth must come to the Department together for an initial assessment. Appointments are strongly recommended. 4. If placement is necessary, parent(s) must provide ongoing financial support for the youth as requested by the Department. (Reference: 12 CCR 2509-5; State Department, Volume VII, Section 7.404). C. In cases where the Department's intervention is not successful or effective, or the cooperation of the youth and/or parents is not evident, the case will be closed and referrals made to other agencies, as appropriate. Adm\manss2.jag Social Services Division Policies and Procedures 2.202 Chronic Runaways 2.202.1 Chronic Runaways in Department Custody Revised 3/29/99 A. When a child continues to run from placements, the caseworker is to notify his or her immediate supervisor. The caseworker and immediate supervisors will determine if the child is to be identified as a chronic runaway. B. When a child has been ordered to remain in placement and elects to run away, the process is as follows: 1. The placement facility files a runaway report with the police. The placement facility notifies by phone the parents, GAL, Probation, caseworker, etc. 2. The caseworker notifies the parents of the runaway that do not have a telephone. The caseworker identifies if the placement facility has contacted everyone, as appropriate. 3. If the youth is on a bond, but not on probation, the caseworker will notify the District Attorney's office. 4. If the youth is on probation, the caseworker will request that the Probation Officer file a Bench Warrant. C. After the child has been arrested and detained, the caseworker will attend the scheduled Detention Hearing. The Court will determine a course of action at this hearing. Options available to the Court are: 1. Continued detention or staff-secure detention 2. Return to placement 3. Return child to biological parent(s) or legal guardian with in-home detention supervised by parent(s) or legal guardian 4. Placement with relatives with in-home detention supervised by relatives. 5. Electronic Home Monitor 2.202.2 Law Enforcement Requests Concerning Runaways Revised 3/29/99 The Depai lment will respond to requests for assistance from law enforcement agencies regarding runaways. The caseworker will respond to such requests for a child in our custody or at risk of being taken into protective custody. adm/manssl3.jag Social Services Division Policies and Procedures 2.202.21 Transportation of Runaways Revised 3/29/99 Transportation of runaways is negotiable with law enforcement. Efforts should he made to have law enforcement officers transport runaways whenever possible. 2.202.22 Runaways from Child Placement Agencies, Residential Child Care Facilities, and Residential Treatment Centers. Revised 3/29/99 Child Placement Agencies, Residential Child Care Facilities, and Residential Treatment Centers are required to report the runaway to law enforcement and notify the Department that has custody of the youth. The caseworker should notify the Residential Child Care Facility when a child needs to be picked up to ascertain if the facility wishes to transport the child back to the facility. If a delay in handling the youth by another Department is occurring and as a courtesy to another county, the Department will take custody of another county's youth who requires services. 2.202.23 Procedures for Runaways Revised 3/29/99 A. Youth in Custody of Parent. Law enforcement will notify and return the youth to the parents. If the parents refuse to pick up the youth from law enforcement, the law enforcement officer will notify the Department to intervene. The Department's caseworker will make every effort to reunite the family. If unsuccessful, the caseworker will place the youth in temporary care or shelter care until reunification efforts can be successful. B. Youth in Custody of the Department. Law enforcement will notify and return the youth to the Department. The caseworker will respond to the law enforcement officer and place the youth. If a bench warrant has been issued, the youth is detained by law enforcement in a locked facility until a detention hearing can be held. C. Youth in Custody of Other Departments. Law enforcement will notify the responding party and the other Department for the purpose of returning the child. If a delay is anticipated in returning the child to the other Department, law enforcement will notify the Department. The Department's caseworker will place the youth in temporary care or shelter until arrangements can be made to return the youth to the other Department. If a bench warrant has been issued, the youth is detained by law enforcement. adm/manss 13.j ag Social Services Division Policies and Procedures D. Out of State Runaways. Runaways from other states can be detained up to seven days until the Department can arrange to return the youth. If the youth has no delinquency petition or bench warrants from the other state, the Department, with the Court's consent, will place the youth in shelter care until the Department can arrange to return the youth. adm/manss13.jag Social Services Division Policies and Procedures 2.300 Resource Services 2.301 Foster Care 2.301.1 Foster Care Policy Revised 3/29/99 The Department shall: A. Promote the provision of safe and adequate foster care of children in an environment designed to meet the physical, emotional, cognitive and social needs of the children at those times in the life of such children when the child's family of origin is unable or unwilling to provide adequate care. B. Require County Certified foster care providers to meet standards and conditions for the well-being and protection of the children in their care. C. Enforce these standards and conditions through an ongoing appraisal of the facility where the care is provided, the staff members providing the care, and the nature and quality of the care provided. 2.301.2 Definitions Revised 3/29/99 A. Certification means the process by which the Department approves the operation of a foster care home according to article 6 of title 26, C.R.S. B. County Certified Foster Care Home means a facility that is certified by the Department for child care in a place of residence of family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen years who is not related to the head of such home, except in the case of relative care. C. Group Care Facilities and Home means facilities other than County Certified Foster Care providing care for small groups of children that are licensed as provided in article 6 of title 26, C.R.S., or meet the requirements of section 27-10.5-109, C.R.S. D. Foster Care means the placement of a child into the legal custody or legal authority of the Department for physical placement of the child in a certified or licensed facility. E. Placement Review Team means the Department's Social Services Division Managers who review requests for ongoing foster care placements, and requests of placement of children in more costly and Adm/manss2l.jag Social Services Division Policies and Procedures restrictive placements. Adm/manss2l.jag Social Services Division Policies and Procedures 2.302 Foster Care Directory Revised 2/17/99 The Department shall maintain a directory of current, accurate information regarding available placements. This directory shall include foster homes, receiving homes, and group homes. The information in the directory shall identify available vacancies, capacity, ages and gender of children accepted by the facility, level of care, and any special services the facility provides. The directory shall be revised and distributed by the Resources Services Unit to all Social Services Division caseworkers and managers every other month. adm\manss9.jag Social Services Division Policies and Procedures 2.303 County Certified Foster Care Certificates Revised 3/29/99 A. Permanent certificates will be issued to the County Certified Foster Care Home that meet the standards provided in-Section 2.305 and Volume VII rules. The County Certified Foster Care facility's agreement is revised only if there are significant changes or the foster parents move to a new facility. B. Foster Care Coordinators shall visit each County Certified Foster Care Home annually and complete the continuation notice according to Volume VII rules. C. During the annual visit, the Foster Care Coordinators will complete the necessary health information, inspect the facility, and complete any other required forms necessary to continue the permanent certificate. 2.303.1 Corrective Actions Regarding County Certified Foster Care Certificates A. Foster Care Coordinators will identify actions of the County Certified Foster Care Home that: 1. Violates rules, policy, or procedures significant enough to be corrected. 2. Results in a critical incident. B. Foster Care Coordinator will identify conduct that is flagrant or serious as described in Section 2.305 that warrants immediate action to the Resource Services Coordinator. The Foster Care Coordinators will follow the steps outlined in Section 2.305 of the Department Manual. C. If the actions of the County Certified Foster Care Home requires a corrective action, the Foster Care Coordinator will issue a corrective action plan. The corrective action plan is a systematic series or plan of affirmative events that are intended to correct the County Certified Foster Care Home's performance or behavior. D. The Foster Care Coordinator will develop the corrective action plan, in writing, and consist of: Adm\manss42.jag Social Services Division Policies and Procedures 1. Identification of the problem 2. What the County Certified Foster Care Home must do to correct the problem and by when 3. What the consequences are if not corrected E. The Foster Care Coordinator will monitor the corrective action plan. F. If the County Certified Foster Care Home corrects the problem and meets the expectation of the corrective action plan, the Foster Care Coordinators will issue, in writing, a letter of completion of the corrective action plan. G. If the County Certified Foster Care Home's problem(s) is not corrected and the expectations of the corrective action plan are not met, the Foster Care Coordinators will meet to discuss options with the Resource Services Manager. Adm\manss42.jag Sample Corrective Action Plan (Date) • (Name) (Address Dear (Name): In accordance with Volume VII, Colorado Department of Human Services Staff Manual, and Section 2.000, Weld County Department of Social Services Operations Manual, this corrective action is being issued to warn you that (State the conduct issue(s)) is or are a problem which must be corrected immediately. What is the problem? (This section must contain specific details of the problem(s) including rule or regulation reference, dates and times, and other appropriate information.) What must the County Certified Foster Care Home do and when? (This section must outline what specific actions the County Certified Foster Care Home must do to correct the problem(s). Date of completion must be attached to each action.) What consequences, if not done? Failure to correct (state the conduct issue(s)) or adhere to the corrective action plan may lead to negative licensing actions including revocation. Required Information A copy of this letter will be made a part of your official licensing file. You may, if you wish, submit a written explanation to me, which will be attached to and kept with each copy of this corrective action. Sincerely, Approved by: Foster Care Coordinator Resource Services Manager cc: Foster Care Home File Social Services Division Policies and Procedures 2.304 Training of County Certified Foster Care Homes and Group Homes Revised 3/29/99 A. All County Certified Foster Care Homes and Group Homes shall receive twelve hours of pre-certification training. The Department will riot issue a permanent certificate to a foster care home or group home until this training is completed. B. Foster Care Coordinators shall record the date of and document the completion of training by a foster care home or group home before a permanent certificate is issued. The documentation shall be made to the facility record of the foster care home or group home. Adm\manss43.jag Social Services Policies and Procedures 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 - ee. 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 Adm/manss20.jag 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. 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 treatment provider must indicate that the applicant successfully completed the treatment and the applicant no longer poses a risk. Adm/manss20.jag Social Services Policies and Procedures 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. hi 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 Services Manager Revised 3/29/99 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). 2.305.2 Revocation of the Certificate for County Certified Foster Care Home, Receiving Home, Group Homes or Center Staff Employment Adm/manss20.jag Social Services Policies and Procedures 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- ee) 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 aa. The sale or loan of sexually explicit materials harmful to children; C.R.S § L8-7 Adm/manss20.jag Social Services Policies and Procedures 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. 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 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 Adm/manss20.jag Social Services Policies and Procedures 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). 2.3053 Recommendation of the Resource Services Manager Revised 3/29/99 The Resource Services Manager will review the caseworker findings and recommendations and propose course of action 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. Adm/manss20.jag Social Services Policies and Procedures 2.305.4 Transmittal to the Director Revised 3/29/99 A. The caseworker's findings and recommendation(s) and the Resource Services Manager's recommendation(s) will be transmitted within three (3) working days from the date of the review by the Resource Services Manager. 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 revoke and not a corrective action. 6. When a one-time action subjects children and youth to an unsafe and injurious environment. B. 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: 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 may be presented instead of an appearance at the conferences or as a supplement. 4. Advisement that only the applicant or provider may attend. Adm/manss20.jag Social Services Policies and Procedures 2.305.5 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. 2.305.6 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 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. Adm/manss20.jag Social Services Policies and Procedures 2. Removing the child from the home. • Adm/manss20.jag Sample Notice of Pre-Denial or Pre-Revocation Conference (Date) Hand Delivered or Certified Mail (Name) (Address) RE: (State Pre-Denial or Pre-Revocation Conference) Dear (Name): This letter is to inform you that a (pre-denial or pre-revocation) conference is scheduled for(date) at (time) in my office with (name), Resource Services Manager, and Ito discuss the facts which may lead to (denial or revocation) action. You have a right; to be heard and present information that may correct any errors of fact in the Department's information or provide any mitigating information as to why this (denial or revocation) should not be considered. Reiterate the Problem(s) and Events (This section must contain the specific details of the problem and events leading to the pre-denial or pre-revocation hearing including references to written correspondence and correction action plan(s)). State other conference specifics. You may submit a written response to the allegations by the date and time of the scheduled conference. This written statement may be presented in lieu of an appearance or as a supplement to your appearance. However, if you do not attend the conference or submit a written response, I will assume that you do not wish to provide evidence to contradict the allegations or mitigating circumstance for your conduct as outlined in this letter. After the scheduled conference, I will make a decision regarding whether action will be taken which may include (denial or revocation). Sincerely, Name Title cc: Foster Care Home File Attachments: (Include correspondence or corrective action plan) Sample Decision (Date) Hand Delivered or Certified Mail (Name) (Address) RE: (Pre-Certification or Certification) Decision - (Name) Dear (Name): The purpose of this letter is to notify you of my decision regarding your (application or certification) as a foster care home provider. State Outcomes of the Pre-Denial or Pre-Revocation Conference (This section must contain the date and time of the conference and the results of the conference.) Decision (This section should present the decision. Based on the facts, a decision will be presented with accompanying reasons including rule and regulation citations for the decision. The decision may be: 1. To deny the applicant to be a Certified Foster Care Home 2. To accept the applicant to be a Certified Foster Care Home with no conditions. 3. To accept the applicant to be a Certified Foster Care Home under a probationary status with conditions including actions and time frames. 4. To revoke the certification of a foster care home provider. 5. To not revoke the certification of a foster care home provider with no conditions. 6. To not revoke the certification of a foster care home provider under a probationary status with conditions including actions and time frames.) Probationary and Conditional Decision If you meet the conditions as set forth above, the probationary status will be removed and you will achieve full certification. Please be advised, however, that the Department does not guarantee placement of children in any foster care home, and you home will be no exception. If you do not comply with the conditions set forth above, the Department will consider the revocation of your probationary status certificate as of(date). Denial or Revocation Decision You may appeal this decision in writing to the Colorado Department of Human Services. That letter should be addressed to: Teri Santi, Chair Appeals Committee Office of Child Care 1575 Sherman, First Floor Denver, CO 80203 Sincerely, Name Title cc: (Name), Resource Services Manager Foster Care Home File Attachments: (Include Correspondence, Corrective Action Plan, and Written Testimony from Applicant or Foster Care Home provider) Social Services Division Policies and Procedures 2.306 Dual Licenses or Certificates Revised 3/29/99 The Department does not use dual certified homes for both day care and family care simultaneously. It is the Department's assessment that a dual certified home cannot sufficiently meet the needs of and protect all children in the home if certified for both services. Adm\manss54.jag Social Services Division Policies and Procedures 2.307 County Certified Foster Care Home Consultation Program Revised 3/29/99 The County Certified Foster Care Home Consultation Program provides for professional consultation for County Certified Foster Care Homes only. A. Consultation is defined as follows: 1. Pre-placement preparation and ongoing placement assistance. 2. Behavioral management assistance of foster children. 3. Transition and loss assistance when foster children leave their home's placement. 4. Pre-placement preparation and ongoing placement assistance for foster parents in dealing with their biological children. 5. Managing communication between foster parents and caseworkers regarding implementing treatment plans. 6. Solution-focused planning with foster parents. 7. Home-based services provided at the residence of the foster parents. 8. Training for County Certified Foster Care Homes in meeting their training requirements. 9. Emergency, twenty-four hour assistance by telephone or through direct service, if provided by the vendor. B. Consultation is not defined as follows: 1. Marital counseling between foster parents. 2. Therapy for the foster child, biological children, or foster parents. 2.307.1 Procedures to Access the County Certified Foster Care Home Consultation Program Adm\manss55.jag Social Services Division Policies and Procedures Revised 3/29/99 A. The County Certified Foster Care Homes may choose among the Department's vendors to obtain Foster Care Home Consultation. B. The Resource Services Unit caseworkers will provide a list of County Certified Foster Care Homes to vendors for purposes of marketing their services to foster parents. C. Effective June 1, 2000, vendors are required to provide identifying information of the County Certified Foster Care Home in which services are provided on a monthly basis, as follows: 1. Name of the home. 2. Type of services provided. 3. Hours of service provided. D. Vendors are allowed to provide only up to five hours of consultation per month per home, and within funds available per contract. E. Vendors are required to identify foster care homes that have earned training credit. Adm\manss55.jag Social Services Division Policies and Procedures 2.308 Critical Care Foster Care Program Revised 3/29/99 Critical Care Foster Care Program is provided for children who have special needs and cannot have their needs met through services,described in Sections 2.320.1 - 2.325.12. These children require more intensive and professional services to prepare children for reunification with the family, adoption, and other permanency goals. 2.308.1 Children Who are Eligible for Critical Care Foster Care Revised 3/29/99 A child who meets the definition of special needs as described in Volume: VII, must be assessed and approved to enter the Critical Care Foster Care Program by the Placement Review Committee. The child must have more than one special needs factor that is special, unusual, or significant as follows: A. Physical disability such as hearing, vision, or physical impairment, neurological conditions, disfiguring defects, and heart defects. B Developmentally disabled such as developmental delay or disability, perceptual or speech/language disability or metabolic disorder, except those children defined in Section 2.322. C. Emotional disturbance documented by a psychologist. D. Hereditary factors documented by a physician or psychologist. E. High risk infants such as HIV-positive, Drug or Alcohol Exposed. F. Conditions that pose a serious barrier to the child's adoption, reunification with parents, and other permanency goals including keeping a sibling group intact and behavioral conditions. Behavioral conditions are those that will not allow child or youth to be placed in a less restrictive setting. 2.308.2 County Certified Foster Care Homes that Qualify and are Selected for Critical Care Foster Care Program Revised 3/29/99 County Certified Foster Care homes that qualify for Critical Care Foster Care Rates are defined as follows: A. The County Certified Foster Care home must have the initial education or Adm\manss56.jag Social Services Division Policies and Procedures experience as follows: 1. Both parents must have more than five consecutive years of foster care experience, no negative licensing actions for the last ten-year period, met yearly minimum training requirements for foster care parents for the five year period, or 2. At least one parent must have a bachelor's degree in one of the human behavioral science fields with one year full-time professional position in a public or private social services agency in an assignment appropriate to foster care and meet the criteria for a County Certified Foster Care home; or 3. At least one parent must have a master's degree in one of the human behavioral science fields that may substitute for one year of the required assignment in a professional human behavioral field and meet the criteria for a County Certified Foster Care home. B. A County Certified Foster Care Home cannot participate in the Critical Foster Care Program if they are providing kinship care. C. The County Certified Foster Care Parent(s) shall commit to certain conditions to continue to qualify for Critical Care Foster Care Program as follows: 1. Must participate in the County Certified Foster Care Home Consultation Program as described in Section 2.307. 2. Maintains the home's good standing as a County Certified Foster Care Home by adhering to all requirements for permanent certification, having no negative licensing actions, and meeting yearly minimum training requirements of twenty hours as required by the Resource Services Unit. 3. Participates in other special training as required by the Resources Services Unit. 4. Submits a request, qualifies, and is approved by the Resource Services Unit, as either a two-bed critical care home or a four-bed critical care home. Adm\manss56.jag Social Services Division Policies and Procedures D. The Critical Care Foster Care Program is part of the Foster Care Program only and will not be considered a source for permanency. E. Reimbursement provided under the Critical Care Foster Care Program is not guaranteed by the Department for the duration of a child's placement. The Department provides the reimbursement only during the child's eligibility, as determined by the Placement Review Committee. If the reimbursement changes and the definition of critical care foster care is not met, the bed converts to a non-critical care bed. 2.308.21 Two-Bed Critical Care Foster Care Home Revised 3/29/99 A two-bed Critical Care Foster Care Home is defined as follows: A. Meets all licensing requirements. The County Certified Foster Care Home may be licensed to have up to four children placed in the home; however, only two of the placements are authorized for children in the Critical Care Program. B. Submits an annual respite care plan that must be approved by the Resource Services Unit. C. Attends and participates as an active team member at staffings, foster care reviews, and meetings as required under each child's placement and treatment plans. D. Works, under the direction of the Department, with biological parents before, during, and after placement as required under each child's placement and treatment plans. E. Involves the child in extracurricular activities appropriate to the age of the child and in consideration of safety factors. F. Provides monthly reports of each child's behavior and progress to the assigned caseworker. G. Considers one parent to be a stay-at-home parent. This consideration is a preference of the Department. 2.308.22 Four-Bed Critical Care Foster Care Home Adm\nanss56.jag Social Services Division Policies and Procedures Revised 3/29/99 A four-bed Critical Care Foster Care Home is defined as follows: A. Meets all requirements as provided under Section 2.308.21, except that placements in the home are limited to four and all such placements must be for children in the Critical Care Program. B. One parent must be a stay-at-home parent. C. Submits an annual support services plan that must be approved by the Resource Services Unit. Adm\manss56.jag Social Services Division Policies and Procedures 2.309 County Certified Foster Parents Transferring to Child Placement Agencies and Child Placement Agency Foster Parents Transferring to County Certified Foster Care Program Revised 3/29/99 A. County Certified Foster Parents who wish to join a Child Placement Agency have no guarantee that current children placed in their home will qualify for Child Placement Agency rates. These rates, based upon the needs of the child, will be determined by the Placement Review Committee prior to the County Certified Foster Care Home leaving to join a Child Placement Agency. B. Child Placement Agency Foster Care Parents who wish to join the County Certified Foster Care Program have no guarantee that current children placed in their home will continue to receive the same rate. The rate, based upon the needs of the child, will be determined by the Placement Review Committee prior to the Child Placement Agency Foster Parents leaving to join the County Certified Foster Care Progam. Adm\manss57.jag 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- Adm'manss52.jag Social Services Division Policies and Procedures 3-608. Reference: § 19-1-103, C.R.S. Adm\manss52.jag Social Services Division Policies and Procedures 2.315.2 Adoption Inquiries Revised 3/29/99 Adoption caseworkers will respond to all inquiries from the public as follows: A. Adoption Inquiry Information. Provide information, appropriate forms, and procedures regarding adoption by telephone, correspondence, or in person to any requesting party. B. Adoption Orientation Sessions. Extend invitations to interested individuals to scheduled Adoption Orientation Sessions. C. Pre-adoption Classes. Refer interested individuals to a six-week series of pre-adoption classes dealing with the special needs of children whom the Court has made available for adoption through Dependency and Neglect actions. D. Pre-adoptive Foster Care Program. Provide information concerning a pre-adoptive foster care program. E. Relinquishment Counseling. Provide information concerning the required relinquishment counseling for client needing this service. F.. Pre- and post-adoptive Services. Provide information concerning pre- and post-adoptive services to children and adoptive families. 2.315.3 Adoption Applications Revised 3/29/99 Adoption caseworkers will consider all inquires from prospective adoptive parents including those who are willing to work with children with special needs, i.e., children who present barriers to timely adoptions because of racial, cultural, age, physical, psychological or social disabilities, sibling groups, or a combination of these factors. Adm\nanss3.jag Social Services Division Policies and Procedures 2.315.4 Relinquishment Counseling Revised 3/29/99 A. The Department will provide relinquishment counseling according to § 19- 5-103. B. The caseworker will complete a standardized affidavit on forms provided by the Court of relinquishment counseling that includes all elements as described in § 19-5-103. C. The caseworker will refer the relinquishing parent who requests other counseling not defined in § 19-5-103 to the relinquishing parent's current therapist or other appropriate resource. Adm\manss53.jag Social Services Division Policies and Procedures 2.320 Provider Reimbursement Effective 1/1/99 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 a 4% cost of living increase effective January 1, 1999. 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. 2321.1 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 $125 $56 $132 $ 6 $49 $368 $20 10 Yrs. 11-14 Yrs. $146 $56 $133 $15 $61 $411 S20 15-21 Yrs. $155 $58 $144 $21 $64 $442 S20 1/ The rates established by the Department will be reimbursed within the available appropriation. The rates effective January 1, 1999, reflect a 4% cost of living increase. 2/ If the child's birthday occurs during the month, placing him in a adm\manss.jag Social Services Division Policies and Procedures 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 [V-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 adm\manss.jag Social Services Division Policies and Procedures physicals; however, the Department will pay for co-payments, riot to exceed $55 per person and excluding foster children. Effective January 1, 1999, the contract with a physician for a physical and tuberculosis testing is at a cost of$55 per,person or less in the County Certified Foster Care Home, excluding the foster child/ren. The maximum reimbursable amount under the contract for a calendar year is $11,000. 2.321.11 County Certified Foster Care Rate is the Basic Maintenance Rate for All Foster Care Facilities Effective 1/1/99 A. The County Certified Foster Care Rate is a flat grant that pays for the basic maintenance needs for a child placed in any foster care facility. The basic maintenance needs include food, clothing, shelter, education, personal supplies and allowance. Effective 1/1/99 B. A Respite Care Allowance is paid for each child placed in a County Certified Foster Care Home or a Child Placement Agency, and in certified kinship care homes. It is not paid to a Specialized Group Home or Center, or for Independent Living. Effective 1/1/99 C. The County Certified Foster Care Rate is used as the basic maintenance rate (flat grant portion) when computing the rate in Receiving Homes, Group Homes/Centers, Independent Living and Subsidized Adoption Homes. Effective 1/1/99 D. Foster Care facilities are reimbursed by the Department as stated in Colorado State Rules, Volume VII, and according to this Weld County Manual. Facilities must be licensed or certified in order for the Department to be reimbursed by the State. The foster care facilities are reimbursed for the day in which the child is placed in the home, but are not reimbursed for the day the child leaves it, unless the child was placed and removed on the same day. Effective 1/1/99 E. All certified foster care facilities will sign and use the relevant provider contract when they are certified and recertified. Effective 1/1/99 F. When a child is placed, the information shall be entered on the CWS-7B Child Placement Log by the Department caseworker and the provider and copies of the updated log shall be maintained in the provider file and by the provider of the facility. adm\manss.jag Social Services Division Policies and Procedures Effective 1/1/99 G. An initial clothing allowance of$1.50 may be made at the time of 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. 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 Care Program Manager to obtain approval to continue to hold the space in the facility. Approval of continued reimbursement will be reviewed by the State Department. The State Department will notify the Department of the State's decision. adm\manss.jag Social Services Division Policies and Procedures 2.322 Special Needs Rates for Developmentally Disabled and Physically Disabled Effective 1/1/99 A. The Department may consider the additional needs of the child to determine which of the three additional rates is appropriate in accordance with the following criteria: - 1. A special needs rate for professional services shall be determined by a physician that the child requires more than the normal amount of care. treatment and training, due to developmental disabilities and/or a serious physical disability. a. As used above, the term "developmentally disabled" means a child who is profoundly delayed up to and including the trainable child. b. The term"physically disabled" means the child who puts extra physical demands on foster parents; e.g., the child who cannot walk without assistance or has to be lifted; the child who has no bowel or bladder control, or must have extra attention by the foster parents under the supervision of a physician, etc. Effective 1/1/99 B. Foster care parents may need relief in some cases to provide the necessary 24-hour care. Effective 1/1/99 C. The developmentally disabled and physically disabled contract is reviewed and renewed each 6 months when eligibility for foster care is redetermined. Effective 1/1/99 D. At the time a child in need of a developmentally disabled or physically disabled allowance is placed, the Department and the provider shall enter into a contract (SS-22). The effective date of the contract is the date the child is placed.. The termination date of the contract is the next 6 month review date. A new contract shall be signed at each 6 month review of the child's need for foster care. Effective 1/1/99 E. The Department's Foster Care Review Committee must approve the service payment level for each child. Effective 1/1/99 F. The amount of the payment for services, based on each child served and Admn\manss44.jag Social Services Division Policies and Procedures extent of services needed, the payment of$95, $141, or $190 is entered in Section F of Form 5710.4. Table 2 will be used to calculate the rate payment. The payment to the foster care provider will be the basic maintenance rate for the child, according to his or her age, plus the Respite Care allowance if the child is in a County'Certifred Foster Home or Certified Kinship Home and the appropriate special needs rate. Table 2 1/ Age of Professional Service Range 2/ Flat Grant 3/ Respite Care Child Allowance 4/ 0 Mos. to 10 Yrs. $95 $141 $190 $368 $20 11-14 Yrs. $95 $141 $190 $411 $20 15-21 Yrs. $95 $141 $190 $442 $20 1/ The rates established by the Department will be reimbursed within the available appropriation. The rates effective January 1, 1999, reflect a 4% cost of living increase. 2/ Based on the range and degrees of service required, as determined by a physician and approved the Department's Foster Care Review Committee. 3/ For the flat grant breakdown, see the County Certified Foster Care Homes Reimbursement Section of this manual. 4/ The respite care allowance is paid only to County Certified Foster Care Homes and Certified Kinship Care Homes certified by the Department. Admn\manss44.jag Social Services Division Policies and Procedures 2.323 Receiving Home Reimbursement Effective 1/1/99 The Department has established and will reimburse the receiving home rate in the method outlined in this manual. 2.3231 The Basic Reimbursement to be Paid Effective 1/1/99 A. Reimbursement for receiving home care is limited to 90 consecutive days. Effective 1/1/99 B. For stays in receiving home care beyond 60 calendar days, the Department shall document in the child's record information that: 1. Indicates the Department has a specific plan for the child's living arrangements; 2. Specifies the reasons for the extension from 60 to a maximum of 90 calendar days; and, 3. Verifies that the extension will prevent additional temporary foster care placements until the plan can be implemented. Effective 1/1/99 C. The direct care allowance has the following components: surrogate parents for supervising the children, administrative participation in staff development, and assuring the Department of emergency care fbr children on a 24-hour basis. Effective 1/1/99 D. The direct care staff shall be no less than one paid full-time equivalent staff Effective 1/1/99 E. Reimbursement for receiving home care is the basic maintenance allowance plus direct care and services allowance. The allowance per month per child shall be based on the number of paid full-time equivalent staff according to the following table: Table 3 Number of Paid Payment per Month FTE Staff Per Child Adm\manss45.jag Social Services Division Policies and Procedures 1.0 $338 1.5 $361 2.0 $382 2.5 $402 3.0 $423 Effective 1/1/99 F. The Department may arrange to pay for reserved space in a group care or receiving home on a monthly basis. The Department may at its discretion arrange to guarantee payment for reserved space. The foster care rate and reserved space amount will be recorded at the end of the home study and/or in each annual reevaluation. 2323.11 Receiving Home Evaluation Effective 1/1/99 A. The Department shall evaluate the receiving home after the first six months of operation. Thereafter, an evaluation shall be conducted at least annually. Effective 1/1/99 B. The Department shall request an operating statement and review financial records to determine if the receiving home is maintaining records and files of revenue and expenditures. The operating statement shall be used to justify payments. The format of the operating statement and account classification of revenue and expenditures are included following the evaluation report. Effective 1/1/99 C. Any incorrect payments to the receiving home due to omission, error, fraud, or embezzlement shall be recovered from the receiving home by deduction from subsequent payments. Effective 1/1/99 D. The evaluator shall discuss and review the evaluation with the receiving home staff and obtain the signature of the operators. Effective 1/1/99 E. A receiving home having an unsatisfactory evaluation will require reevaluation for continuing use. If it is determined that the use of the home should be continued, the Department will contract for improved performance. If after 60 calendar days the unsatisfactory components have continued, the Department shall germinate use of the home. Effective 1/1/99 F. If the staff of the receiving home does not agree with evaluation, an attempt shall be made to resolve the dispute within 15 working days by the Adm\manss45.jag Social Services Division Policies and Procedures Foster Care Program Manager. If not, the Department will use its County Grievance Procedures outlined in this manual. 2.323.12 Receiving Home Reimbursement Computation Form Effective 1/1/99 A. The Reimbursement Computation Form will be completed by the Department's staff approving receiving home rate. Effective 1/1/99 B. The instructions to complete the form are as follows: 1. Rate period. Period that rate is to be effective. 2. Date. Date of completion. 3. Name. Name of receiving home. 4. Identification No. Department's identification umber. 5. Licensed capacity. The capacity as certified by the Department. 6. Average number of children in residence. Average number of children in residence for the last six months. 7. Personnel. Number of FTE staff. The number of full-time equivalent staff is listed on the evaluation sheet. 8. Direct Care and Services Allowance. The allowance per month per child shall be based on the number of paid full-time equivalent staff(7, above) according to Table 3. Effective 1/1/99 C. After an evaluation, the operating statement received should indicate full utilization of the direct care and services total payment amount. A cause shall be determined if underutilization of the total payment amount is indicated. The Department shall contract for corrective action and continue the present payment for 60 calendar days. After 60 calendar days, if a correction has not occurred, the Department shall terminate use of the home. Effective 1/1/99 D. The receiving home provider will keep accounts according to the revenue and expenditure form and submit an operating statement at the time of evaluation. Adunmanss45.jag Social Services Division Policies and Procedures 2.324 Subsidized Adoption Reimbursement Revised 3/29/99 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 o f 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 3. Core Services Program as described in Section 2.802. 3. Promoting Safe and Stable Families Program as described in Section 2.803. 4. 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 Adm\manss46.jag Social Services Division Policies and Procedures 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 except for a child with certain disabilities up to age 21. F. The adoption assistance subsidy is a payment made directly to :he 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. Adm\manss46.jag Social Services Division Policies and Procedures E. The caseworker will refer the child and adopting family to the appropriate core services program based on the areas identified in the assessment. Outcomes to be achieved as result of the Core Services provided will be described in terms of specific, measurable, agreed upon, realistic, time- limited objectives and action steps to be adcomplished 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 Promoting Safe and Stable Families Program Services Available for Children in Pre- and Post-Subsidized Adoption Revised 3/29/99 For a period ending September 30, 1999, services are available through the pre- and post-adoptive provisions of the Promoting Safe and Stable Families Program (PSSFP) for children who have a current, signed subsidized adoption agreement, children in subsidized adoption, and children who are in a pre-adoptive home. PSSFP services may be available to pre- and post-subsidized adoption children and adopting families that meet certain requirements as outlined in Section 2.803: A. The child and pre- and post-adopting family are eligible for services under the PSSFP when resources are available. B. The requirements are followed as described in Section 2.324.2 (B through G). Adm\manss46.jag Social Services Division Policies and Procedures 2.325 Specialized Group Care Reimbursement Effective 1/1/99 The Department has established procedures to follow and reimburse group homes and centers by the method outlined in this manual. 2.325.1 Reimbursement Rate Effective 1/1/99 A. The direct care allowance shall not exceed $423 per month per child. This is based on the number of paid full-time equivalent staff of no less than two(2). The calculation of FTE staff is defined in the evaluation form instructions. The allowance is payment for services of group home staff or surrogate parents and supervising the children, administrative and delivery of the group care program and participation in staff development. Effective 1/1/99 B. Direct care allowance - the allowance per month per child shall be based on the number of paid full-time equivalent staff according to the following table. TABLE 4 Number of Paid Payment per Month FTE Staff Per Child 2.0 $338 2.25 $361 2.50 $382 2.75 $402 3.0 and above $423 Effective 1/1/99 C. Other services - the other services allowance is granted at$169 per month per child to include: 1. Administrative allowance as defined, but not be limited to, the following expenses: bookkeeping, auditing, legal, office supplies, licenses, permits, and insurance. 2. Education allowance is defined to enable specialized group home staff to encourage the children to participate in extracurricular activities of the school and the community. 3. Social development and recreation allowance is defined to enable the specialized group home staff to provide experience to Adm\manss47.jag Social Services Division Policies and Procedures assist behavioral changes to occur through field trips and outings and to provide opportunities for learning social skills. 4. Transportation allowance is defined, but not limited to, the following expenses: gas, oil, maintenance, insurance, license, and depreciation. This allowance is included to enable the specialized group home staff to transport the children as required to achieve 2 and 3, above, and for staff to participate in staff development activities. 5. Equipment repair and maintenance allowance is defined, but not limited to, the following expenses: household supplies, equipment repair and maintenance, and equipment depreciation. This allowance is included to enable the specialized group home staff to keep the home clean and orderly and to keep all equipment in proper working condition. Effective 1/1/99 D. Special program components purchased or arranged by the Department are as follows: 1. The Department will assume responsibility for providing the required social work services, and providing or purchasing other special services such as psychological evaluation, group work services, and staff development activities. Services of psychiatrists may be provided in accordance with Title XIX benefits. 2. Services to families of the children in group care placement shall be provided by the Department or arranged for, at no cost to the Department, when the case plan includes return of the child to his or her families. Effective 1/1/99 E. The Department may arrange to pay for reserved space in a group care home on a monthly basis. The Department may at its discretion guarantee to pay for reserved space. The foster care rate and reserved space amount will be recorded at the end of the home study and/or in each annual reevaluation. 2.325.11 Evaluation of Group Homes Effective 1/1/99 A. The Department shall evaluate the group home after the first six months of operation. Thereafter, an evaluation shall be conducted at least: annually. Adm\manss47.jag Social Services Division Policies and Procedures B. The Department shall request an operating statement and review financial records to determine if the group home is maintaining records and files of revenue and expenditures. The operating statement shall be used to justify payments. The format the operating statement and account classification of revenue and expenditures are included following the evaluation report. Effective 1/1/99 C. Any incorrect payments to the group home due to omission, error, fraud, or embezzlement shall be recovered from the receiving home by deduction from subsequent payments. Effective 1/1/99 D. The evaluator shall discuss and review the evaluation with the group home staff and obtain the signature of the operators. Effective 1/1/99 E. A group home having an unsatisfactory evaluation will require reevaluation for continuing use. If it is determined that the use of the home should be continued, the Department will contract for improved performance. If after 50 calendar days the unsatisfactory components have continued, the Department shall terminate use of the home. Effective 1/1/99 F. If the staff of the group home does not agree with evaluation, an attempt shall be made to resolve the dispute within 15 working days by the Foster Care Program Manager. If not, the Department will use its County Grievance Procedures outlined in this manual. m:\wpfil es\adm\mass47.j ag Social Services Division Policies and Procedures 2.326 Critical Care Foster Care Reimbursement Revised 3/29/99 The Department has established and will reimburse the Critical Care Foster Care rate in the method outlined in this manual. 2.326.1 Special Needs Rates for Children in the Critical Care Foster Care Program Revised 3/29/99 A. The Department may consider the additional needs of the child to determine which of the rates is appropriate in accordance with the criteria of children who require services under the Critical Care Foster Care Program in Section 2.308.1. B. Foster care parents may need relief in some cases to provide the necessary 24-hour care. C. The Critical Care Foster Care Program contract is reviewed and renewed each 6 months when eligibility for foster care is redetermined. D. The direct care allowance has the components described in Section 2.308.2. E. The Department's Placement Review Committee must approve the eligibility of the child to enter the Critical Care Foster Care Program. F. Reimbursement for the critical foster care home is the county basic maintenance allowance plus direct care allowance. The total reimbursement per month per child shall $800. G. Critical Care Foster Care Program reimbursement is not guaranteed for the duration of the child's placement. Reimbursement is based on the eligibility of the child for the program as determined and approved by the Placement Review Committee. H. If the foster parent(s) does not agree with the assessment for eligibility, an attempt shall be made to resolve the dispute within 15 working days by the Foster Care Program Manager. If not, the Department will use its County Grievance Procedures outlined in this manual. Adm\manss58.jag Social Services Division Policies and Procedures 2.326.11 Evaluation of the Critical Care Foster Care Home Revised 3/29/99 A. The Department shall evaluate the home after the first six months of operation. Thereafter, an evaluation shall be conducted at least annually. B. Any incorrect payments to the receiving home due to omission, error, fraud, or embezzlement shall be recovered from the home by deduction from subsequent payments. C. The evaluator shall discuss and review the evaluation with the Critical Care Home foster parents and obtain the signature of the foster parents. D. A home having an unsatisfactory evaluation will require reevaluation for continuing use. If it is determined that the use of the home should be continued, the Department will contract for improved performance. If after 60 calendar days the unsatisfactory practices have continued, the Department shall terminate use of the home. F. If the foster parent(s) does not agree with the evaluation, an attempt shall be made to resolve the dispute within 15 working days by the Foster Care Program Manager. If not, the Department will use its County Grievance Procedures outlined in this manual. • Adm\manss58.jag Social Services Division Policies and Procedures 2.400 Adult Protection Revised 3/29/99 This program is designed to intervene with or on the behalf of at-risk adults to correct or alleviate situations in which actual or imminent danger of abuse, neglect, or exploitation exists and to utilize support systems to provide continuing safety from the incident(s) of abuse, neglect, or exploitation. 2.401 Definitions Revised 3/29/99 A. At-Risk Adult means an individual eighteen years of age or older who is susceptible to mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for the individuals' health, safety, or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decision concerning the individual's person or affairs. Reference: § 26-3.1-101, C.R.S. B. Adult Protection Networking Group means a local ad hoc committee formed by the Director for purposes of facilitating interagency cooperation regarding services to at-risk adults and developing/providing information to the community at large regarding issues of adult protection. C. Caretaker means a person who is responsible for the care of an at-risk adult as a result of a family or legal relationship who has assumed responsibility for the care of an at-risk adult. Reference: § 26-3.1-101, C.R.S. D. Least Restrictive Intervention means acquiring or providing services, including protective services, for the shortest duration and to the minimum extent necessary to remedy or prevent situations of actual mistreatment or self-neglect. Reference: § 26-3.1-101, C.R.S. E Mistreatment means an act or omission that threatens the health safety or welfare of an at-risk adult or which exposes the adult to a situation or condition that poses an imminent risk of death, serious bodily injury, or bodily injury to the adult as defined in § 26-3.1-101, C.R.S., and as follows: 1. Abuse where there is infliction of physical pain or injury, where unreasonable confinement or restraint is imposed, and where there is subjection to nonconsensual sexual conduct or contact classified Adm\manss37.jag Social Services Division Policies and Procedures as a crime under the "Colorado Criminal Code," title 18, C.R.S.; 2. Caretaker neglect that occurs when adequate food, clothing, shelter, psychological care, physical care,medical care. or supervision is not secured for the at-risk adult or is not provided by a care taker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise; 3. Exploitation that is the illegal or improper use of an at-risk adult or the at-risk adult's resources for another person's profit or advantage. F. Person means one or more individuals, limited liability companies, partnerships, associations, corporations, legal representatives, trustees, receivers, or the State of Colorado, and all political subdivisions and agencies thereof Reference: § 26-3.1-101, C.R.S. G. Protective Services means services provided by the state or political subdivisions thereof in order to prevent the mistreatment or self-neglect of an at-risk adult. Services include, but are not limited to: receiving and investigating reports of mistreatment or self-neglect, the provision of casework and counseling services, arranging for coordinating, delivering, and monitoring services. Reference: § 26-3.1-101, C.R.S. H. Self-neglect means an act or failure to act by which an at-risk adult substantially endangers the adult's health, safety, welfare, or life by not seeking or obtaining services necessary to meet the adult's essential human needs. Reference: § 26-3.1-101, C.R.S. Adm\manss37.jag Social Services Division Policies and Procedures 2.402 Requests for Guardian or Conservator Services Revised 3/29/99 A. When the caseworker assesses that an at-risk adult needs an appropriate individual to serve as a guardian or conservator, the caseworker will notify his or her manager. B. The manager will notify the Director who will decide if the guardianship or conservator request will be referred to an Assistant Weld County Attorney. C. The Assistant Weld County Attorney will assist in the legal process to obtain the guardianship or conservatorship with the appropriate individual. D. In a few cases, the Department may act as the guardian if no other resource or individual can be found. However, the caseworker and the caseworker's manager must obtain the Director's approval in advance to refer the case to the Assistant County Attorney for purposes of having the Department assume guardianship or conservatorship. adm\manss39.jag Social Services Division Policies and Procedures 2.403 Representative Payee for At-Risk Adults Receiving Social Security Payments Revised 3/29/99 A. The Department may assist indigent individuals by serving as "representative payee" for benefits such as Social Security or Supplemental Security Income. B. As the representative payee, the Department would not act as the individual's conservator. C. The caseworker will evaluate the need and make a recommendation to the caseworker's manager to act as the representative payee. The caseworker and/or the caseworker's manager will recommend action to the Director for approval. D. The caseworker's manager will notify the Business Office concerning the case and the representative payee status. Adm\manss38.jag Social Services Division Policies and Procedures 2.404 Volunteer Court-Appointed Visitor Program Revised 3/29/99 A. The court supervises volunteers who provide court-appointed visits in response to guardianship petitions on behalf of frail elderly and persons with developmental disabilities. The court recruits, trains, and supervises these volunteers. B. The court, usually, will assign a volunteer court-appointed visitor in cases where the Department is the guardian. Admn\manss40.jag Social Services Division Policies and Procedures 2.500 Emergency Duty After Hours Revised 3/29/99 A. The purpose of the emergency duty after hours is to provide emergency and crisis oriented assistance to those the Department is charged to serve. The service is designed to provide emergency placement and counseling services for children and youth outside normal working hours, i.e,., abused, neglected, lack of supervision, runaways, etc. Children needing protective care are evaluated immediately. Often, counseling and temporary shelter are provided if needed until more permanent plans can be made. B. Provision of emergency services is an obligation of the Department and is an expectation of the community. C. After hours is 5:00 p.m. to 8:00 a.m. on work days and twenty-four hour coverage on weekends and holidays. D. Department's emergency duty workers will provide emergency duty after hours services. If the emergency duty workers are not available for coverage, Department staff will provide coverage on a rotation basis. Typically, the emergency duty worker or assigned Department staff for emergency duty, is called by another agency, such as law enforcement, to render emergency assistance. E. The emergency duty worker will comply with applicable Volume VII regulations as follows: 1. Abuse/Neglect Twenty-Four Hour Coverage; Section 7.202.4, A and B. 2. Immediate Response for At Risk Adults; Section 7.106, A. 3. Role of Court Appointed Screener; Section 7.201.3, A 4. Immediate Response Institutional Abuse; Section 7.202.53, F. 5. Immediate Response RCCF/CPA Abuse, Neglect; Section 7.304.65, C. 6. Notification in Child Fatality; Section 7.202.78, A. 2. 2.500.1 Types of Cases Handled by the Emergency Duty Worker Revised 3/29/99 A. Abused or neglected children who may need immediate care. • B. Older children who may need care and shelter due to runaway, parent/ child conflicts, or other conflicts with law enforcement and/or the adm\manss4.jag Social Services Division Policies and Procedures community. C. Requests for emergency counseling are referred to other agencies. In these situations, the emergency duty worker assists by providing information and referral to the appropriate resources. 2.500.2 Emergency Duty Preparation Revised 3/29/99 A. The Emergency Duty Manager supervises the training of the emergency duty worker. This training includes knowledge of community resources to assure effective service. The Emergency Duty Manager provides back up support for the emergency duty worker. B. When a request for emergency assistance is made, the emergency duty worker is reached by an electronic signaling device or pager. Most telephone calls are received through the Weld County Communications Center at (970) 356-4000. The Communications Center signals the emergency duty worker through the pager and provides the message. C. To assist in providing emergency services and to ensure follow-up and reporting to the Department the next work day, it is necessary to have the emergency duty worker complete certain forms. These forms and the procedures for their use are provided by the Emergency Duty Manager. D. Before going on duty, the emergency duty worker will review current openings in foster homes, the receiving homes and the Alternative Homes for Youth (youth shelter home) so that the emergency duty worker will be prepared if placements are necessary. This information is available through the foster care workers and/or the manager. The pager, the emergency duty briefcase and a child car seat are to be picked-up before the emergency duty shift. 2.500.3 Emergency Duty Guidelines Revised 3/29/99 A child should not be placed in alternate care on emergency duty unless the child is in physical danger, the child refuses to go home, or the parents refuse to take the child home for good reasons. If possible, the family unit should be preserved until a more thorough assessment of the case can be made by an Intake Worker or Youth in Conflict Worker, as appropriate to the age of the child. 2.500.31 Physical Abuse of Children adm\manss4.jag Social Services Division Policies and Procedures Revised 3/29/99 The emergency duty worker will follow the procedures outlined in Section 2.101. 2.500.32 Evaluation and Placement of Young Children Revised 3/29/99 A. If the emergency duty worker assesses that the child must be placed according to the criteria of Section 2.700, the emergency duty worker will pursue the placement of the child with an available relative who could keep the child until an Intake Worker can become involved, if appropriate. Otherwise, the caseworker will place the child in a licensed facility. B. Law enforcement must take the child into protective custody and release the child to the Department for purposes of placement. The emergency duty worker will notify the parents that they will be assessed a fee, based on a sliding scale, for foster care services. The emergency duty worker will notify the parents that this fee will be discussed with them by the Intake Worker. The emergency duty worker will not quote a payment figure. C. The emergency duty worker is not authorized to provide for voluntary placement or enter into a voluntary placement contract. The emergency duty worker may recommend that the parent(s) telephone the next work day for an appointment with the Intake worker or Youth in Conflict worker, as appropriate to the age of the child. D. If placement is required, the emergency duty worker should attempt to obtain clothing from the parent(s) to last a minimum of one week. If the child is young, the emergency duty worker should request the child's favorite toy to lessen the child's anxiety. E. Placements in receiving homes or at Alternatives Home for Youth (youth shelter home) after hours need not be cleared through the foster home workers. If a County Certified Foster Care Home was used as the placement facility for the youth, the emergency duty worker should inform the foster home workers the next work day of the placement. F. In all cases, the emergency duty worker should assess the appropriateness of family/relative care as well as the traditional licensed homes and/or facilities. G. Once a placement has been chosen, the emergency duty worker should adm\manss4.jag Social Services Division Policies and Procedures notify the receiving home or Alternative Homes for Youth to confirm that a placement is available, that they will take the child, and/or that the foster care parents are there to receive the child. The emergency duty worker will interview the parent(s) to obtain information about the child's behavioral problems and medical problems, i.e., allergies, current medications, etc. The emergency duty worker will provide, at the time of placement, the foster care parents or staff at Alternatives Home for Youth with all such pertinent information including anticipated length of stay. H. The emergency duty worker will attempt to ease the child's anxieties by explaining where the child is going and why. I. At the foster home or at Alternatives Homes for Youth, the emergency duty worker will introduce the child to the family members or staff. The emergency duty worker's introduction will include the full name of the child and the emergency duty worker's full name both verbally and in writing. The emergency duty worker will provide to foster parents and staff at Alternatives Home for Youth with the emergency procedures to re- contact the emergency duty worker. J. The emergency duty worker will give the child an opportunity to become accustomed to the child's surrounding,before departure. K. The emergency duty worker is to complete the necessary forms on any placement and give such paperwork to the Intake Screener as early as possible the next work day. L. It is the responsibility of law enforcement to notify parents that the child has be placed with the Department. However, if the emergency duty worker becomes aware that the parent(s) have not been informed, the emergency duty worker will notify the parent(s). 2.500.33 Evaluation and Placement of Adolescents Revised 3/29/99 A. The emergency duty worker will assess if the family or child is currently assigned a caseworker. If the family or child has an assigned caseworker, the emergency duty worker will telephone the caseworker at home for consultation. B. If the family does not have an assigned caseworker or the assigned adm\manss4.jag Social Services Division Policies and Procedures caseworker cannot be found, the emergency duty worker will assess the situation and assist the family to decide whether the child should.be placed in alternative care immediately or whether the child can remain at home until a caseworker can be assigned. If the emergency duty worker assesses that the child must be placed according to the criteria of Section 2.700, the emergency duty worker will pursue the placement of the child with an available relative who could keep the child until a Youth in Conflict worker can become involved. C. If the child can remain at home until the next work day, the emergency duty worker will complete the written referral and give the referral to the Intake Screener the next work day. If the parent(s) cannot come to the office, the emergency duty worker will instruct the parent(s) to telephone the Youth in Conflict Screener the next morning. Either the assigned caseworker or Youth in Conflict Screener will arrange for a time and date for the parent(s) to be interviewed. D. The emergency duty worker is not authorized to provide for voluntary placement or enter into a voluntary placement contract. The emergency duty worker may recommend that the parent(s) telephone the next work day for an appointment with the Youth in Conflict worker, as appropriate to the age of the child. E. Law enforcement must take the child into protective custody and release the child to the Department for purposes of placement. The emergency duty worker will notify the parents that they will be assessed a fee, based on a sliding scale, for foster care services. The emergency duty worker will notify the parents that this fee will be discussed with them by the Youth in Conflict Worker. The emergency duty worker will not quote a payment figure. F. It is the responsibility of the law enforcement officer to notify the parent(s) that the law enforcement officer has taken the child into custody. If the law enforcement officer does not notify the parent(s), the emergency duty worker will telephone the parent(s) from the police station for purposes of notification. G. Only a law enforcement officer can have a child released to the custody of the emergency duty worker. If an emergency duty worker is unclear that the law enforcement officer has released the custody of the child to the adm\manss4.jag Social Services Division Policies and Procedures emergency duty worker, the emergency duty worker will request immediate assistance from the Emergency Duty Manager. H. Law enforcement should not interview the child without a parent or legal guardian present. Even if the Department has legal custody, the parent(s), attorney, or public defender should be present for the interview, if possible. If the parent(s) cannot be present for the interview, law enforcement may ask the emergency duty worker to be present through the interview. I. If placement is required, the emergency duty worker should attempt to obtain clothing from the parent(s) to last a minimum of one week. J. The emergency duty worker is to complete the necessary forms on any placement and give such paperwork to the Intake Screener as early as possible the next work day. 2.500.34 Adolescent Rape Cases Revised 3/29/99 A. If an emergency duty worker receives a telephone call from law enforcement or North Colorado Medical Center on an adolescent rape victim or a runaway youth alleging rape, law enforcement and hospital staff will conduct a joint investigation usually at the emergency room. B. If, in the situation described in A., a parent(s) refuses to sign a consent for medical care, the law enforcement officer can take protective custody of the youth under the medical neglect criterion and request that the Department sign the consent. If protective custody is not possible, the emergency duty worker is to consult with the Emergency Duty Manager for possible alternatives. C. The emergency duty worker will assure that certain procedures are made as follows: 1. Investigate the situation as necessary. 2. Assure that the Rape Task Force has been notified. 3. Telephone the Emergency Duty Manager. 2.500.35 Emergency Duty Procedures for Active Cases adm\manss4.jag Social Services Division Policies and Procedures Revised 3/29/99 A. Assigned Cases. When an emergency arises from an active case, the emergency duty worker will handle the crisis. The emergency duty worker, at his or her discretion, may want to consult with the assigned caseworker. Assigned caseworkers should advise the emergency duty worker of potential emergencies in their edseloads. B. County Certified Foster Care Homes and Specialized Group Homes Emergencies. When emergencies arise after hours in these homes, the emergency duty worker will handle these issues, as appropriate. The emergency duty worker will follow the same procedures outlined for assigned cases. The emergency duty worker will discuss unusual situations with the Emergency Duty Manager. C. Child Placement Agencies, Residential Child Care Facilities, and Regional Treatment Center Emergencies. It is the expectation of the Department that the facility will deal with emergencies in their own facility. The exception to this protocol is that these facilities must report runaways or to report medical emergencies to the emergency duty worker. D. Adult Emergencies. When an adult emergency occurs, the emergency duty worker will assist the referral source with the situation and refer the client to the appropriate adult emergency system such as mentall.health. If the emergency duty worker is aware that the case is assigned to an Adult • Services case worker, the emergency duty worker will follow the same procedures outlined for assigned cases. 2.500.4 Emergency Duty Supervision Revised 3/29/99 The Youth in Conflict Manager is the Emergency Duty Manager, directly supervises and coordinates emergency duty after hour services. The Youth in Conflict Manager's duties include, but not limited to: A. Administrative accountability for the provision of services and responsiveness of emergency requests to the Department B. Managing all forms or necessary data related to emergency duty C. Supervision of emergency duty workers and those caseworkers assigned to emergency duty work D. Orientation and training of staff E. Assignments and scheduling of emergency duty workers and substitutes F. All other duties assigned by the County Director and the Social Services adm\manss4.jag Social Services Division Policies and Procedures Division Administrator 2.500.41 Absence of Emergency Duty Manager Revised 3/29/99 In the absence of the Youth in Conflict Manager, other supervisors will serve as Emergency Duty Manager in the following order: A. Intake Child Protection Managers B. Ongoing Child Protection Managers C. Youth in Conflict Lead Caseworker IV D. Child Protection Lead Caseworker IV In addition, when dealing with a critical situation, the Director of the Department of Social Services should be contacted. adm\manss4jag Social Services Division Policies and Procedures 2.600 Legal Services 2.600.1 Definitions Revised 3/29/99 A. Adjudication means: 1. a determination by the court that it has been proven beyond a reasonable doubt to the trier of fact that the juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, "adjudication" means conviction. Reference: § 19-1-103, C.R.S. 2. that a jury of six or ajudge has determined by a preponderance of the evidence that the allegations in a Dependency & Neglect Petition are supported and that the child is dependent or neglected. B. Adjudication Hearing means a hearing to determine whether the allegations of a petition in dependency and neglect are supported by a preponderance of the evidence. Reference: § 19-1-103, C.R.S. C. Adjudicatory Trial means a trial to determine whether the allegations of a petition in delinquency, or dependency or neglect are supported by a preponderance of the evidence. Reference: § 19-1-103, C.R.S. D. Appropriate Treatment Plan, as used in § 19-3-508, C.R.S., means a treatment plan approved by the court which is reasonably calculated to render the particular respondent lit to provide adequate parenting to the child within a reasonable time and that relates to the child's needs. Reference: § t9-1-103, C.R.S. E. Assistant County Attorney means an attorney hired by the Weld County Attorney to represent dependency and neglect cases, confer on juvenile cases, and at-risk adult cases. F. Counsel means an attorney-at-law who acts as a person's legal advisor or who represents a person in court. Reference: § 19-1-103, C.R.S. G. Court, as used in part 3 of article 5 of the Colorado Children's Code, Adm\manss31.jag Social Services Division Policies and Procedures Dependency and Neglect, means a court of record with jurisdiction over the matter at issue. Reference: § 19-1-103, C.R.S. H. Court-appointed Special Advocate (CASA) means a CASA volunteer appointed by a court pursuant to the provisions of§ 19-1-201, C.R.S. Dispositional Hearing means a hearing to determine what order of disposition should be made concerning a child who is neglected or dependent and to enter an appropriate treatment plan. Such hearing may be part of the proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing. Reference: § 19- 1-103, C.R.S. J. Guardian ad litem means a person appointed by a court to act in the best interests of a person whom the person appointed is representing in proceedings under this title and who, if appointed to represent a person in a dependency and neglect proceeding under article 3 of the Colorado Children's Code, shall be an attorney-at-law licensed to practice in Colorado. Reference: § 19-1-103, C.R.S. K. Nineteenth Judicial District (19th Judicial District) is the court of record for Weld County. The Nineteenth Judicial District is located at the Weld County Courthouse, 901 9th Avenue, P.O. Box C, Greeley, CO. L. Reasonable Efforts, as used in article 3 of this title, means the exercise of diligence and care for children who are in out-of-home placement, or are at imminent risk of out-of-home placement, to provide, purchase or develop the supportive and rehabilitative services to the family that are required both to prevent unnecessary placement of children outside of such children's homes and to foster, whenever appropriate, the safe reunification of children with the families of such children. In determining whether reasonable efforts are appropriate, as described in § 19-3-208, C.R.S., county-required services to be provided, in making such reasonable efforts, the child's health and safety shall be the paramount concern. Services provided by the Department in accordance with § 19-3- 208 are deemed to meet the reasonable effort standard. Reference: § 19-1- 103, C.R.S. M. Special County Attorney, as used in article 3 of the Colorado Children's Code, means an attorney hired by the Weld County Attorney or hired by Admmmanss31.jag Social Services Division Policies and Procedures the Department with the concurrence of the Weld County Attorney to represent dependency and neglect cases. Reference: § 19-1-103, C.R.S. N. Special Respondent, as used in article 3 of the Colorado Children's Code, means any person who is not a parent, guardian, or legal custodian and who is usually involuntarily joined as a party in a dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a treatment plan. Reference: § 19-1.-103, C.R.S. O. Termination of the parent-child legal relationship, as used in article 3 of the Colorado Children's Code, 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. P. Weld County Attorney means the attorney for Weld County Government. Adm\manss31.jag Social Services Division Policies and Procedure 2.600.2 Assistant Weld County Attorney for the Social Services Division Revised 3/29/99 The Department maintains two Assistant Weld County Attorneys to provide legal representation and advice on: A. dependency and neglect cases. B. guardianship cases. C. delinquency cases. D. interpretation of the children's code and for any other applicable statute pertaining to children or youth as requested by the Department. 2.6003 Assignment of Cases and Procedures to Access Legal Services Revised 3/29/99 A. Assistant Weld County Attorneys are assigned cases by using an alphabetical method. By using the children's last names, one attorney generally has cases A-K, the other attorney has cases L-Z. B. Requests to file a Petition in Dependency and Neglect to obtain physical and/or legal custody of a child must have the prior written approval of the immediate supervisor. Evidence of this review and decision is noted by signature on the Request for Legal Services Form. Reasons for this review are to provide a supervisory review of the decision and to monitor and apportion legal service time. C. The procedure to initiate legal services is as follows: 1. The Request for Legal Services Form should be prepared as early as possible. The deadline to present a Request for Legal Services Form to the Department's Legal Department is 3:00 p.m., the day before the hearing. If the form and information cannot be completed in time, the caseworker must telephone the paralegals with the necessary information to get the paperwork started. 2. The Request for Legal Services Form should be completed clearly and thoroughly. The caseworker's handwriting needs to be legible. If the caseworker requires more space, the caseworker may attach a sheet of paper and staple it to the request. 3. The Request for Legal Services Form must contain: Social Services Division Policies and Procedure a) the accurate spelling of all legal names (not nicknames); b) address of parent(s) and of any special respondents; c) summary of circumstances; d) custody request and protective orders the caseworker is requesting including a request to file Dependency and Neglect, custody request, Order to Investigate, and Request for Need of Placement; e) signature of the caseworker's immediate supervsor f) if the case is designated under Expedited Permanency Planning (EPP), signature of EPP supervisor. 4. The caseworker should check with Colorado Works (TANF) and Child Support to obtain parents' names and addresses. 5. If the caseworker is requesting custody, the caseworker must identify to whom the caseworker wants to have custody given. 6. The paralegal will arrange a conference with an Assistant Weld County Attorney and the caseworker to discuss the case and make the final decision as to filing. 7. If the decision is to file, the paralegal will obtain a docket number and court date. The paralegal will notify the caseworker of the hearing date. 2600.4 Appointment with Assistant Weld County Attorney Revised 3/29/99 A. All appointments with Assistant Weld County Attorneys are scheduled through the paralegals. B. To update the attorney on changes in circumstances on a particular case, the caseworker will use the Update Sheet to identify if the caseworker needs legal advice and forward the document to the paralegals. C. The Assistant Weld County Attorney will review the file and determine the best course to provide the caseworker legal advice. The Assistant Weld County Attorney will either telephone the caseworker, arrange for an appointment through the paralegal, or provide an answer in writing. D. Emergency situations may be handled verbally with the Assistant Weld Adm\manss32.jag Social Services Division Policies and Procedure County Attorney, but must be the exception rather than the rule. Adm\manss32.jag Social Services Division Policies and Procedures 2.601 Initiation of Petition in Dependency or Neglect 2.601.1 Procedures for Initiation of Petition in Dependency or Neglect Revised 3/29/99 A. The caseworker will complete the Request for Legal Services form and submit the request to his or her supervisor for review and approval. If approved, the caseworker will send the Request for Legal Services form to the Department's paralegal staff When possible, the caseworker will request a conference with the assigned Assistant County Attorney. The paralegals are responsible for scheduling this conference with the Assistant County Attorney. B. If the Assistant County Attorney approves the filing, the paralegal staff will set the hearing on the date requested by the caseworker, if feasible and appropriate. The caseworker will notify the parents of the hearing and the purpose for the hearing. C. Any medical reports or statements of other witnesses are to be furnished to the assigned Assistant County Attorney before the first court hearing if available. D. The caseworker will provide the parent(s) with the Court's Attorney Application, so the parent(s) may have an opportunity to apply for legal assistance before the hearing. Adm\manss 12.j ag Social Services Division Policies and Procedures 2.602 Legal Update Sheet Revised 3/29/99 A. The caseworker will complete a Legal Update Sheet for the Assistant Weld County Attorney before each hearing, even if the Legal Update Sheet refers only to attached reports, evaluation, or other correspondence. The exception for completing a Legal Update Sheet is when a caseworker prepares a Family Services Plan (FSP) for a hearing. Because the Legal Update Sheet is used by the Assistant Weld County Attorney to determine the best legal course to take, the caseworker must complete the form timely and thoroughly. B. The caseworker will be knowledgeable of the case to inform the Assistant Weld County Attorney or the court as follows: 1. Where the child is. 2. Who has custody of the child. 3. The status of the case. 4. The Department's recommendations. C. The caseworker will prepare the Legal Update Sheet and submit the sheet to the paralegals three days before the hearing. Adm\manss33jag Social Services Division Policies and Procedures 2.603 Order to Investigate Revised 3/29/99 The caseworker must prepare a written Family Services Plan ( FSP) documenting the results of the investigation, including the persons interviewed and validity of the referral. A. Not Filing a Dependency & Neglect (D&N) Petition. The caseworker will provide a written letter addressed to the court describing the investigation and the reasons it was substantiated or unsubstantiated. If the investigation was substantiated, the caseworker will describe why a D&N is not being filed, including referrals made or services, if any, that were provided. B. Filing a Dependency & Neglect (D&N) Petition. The caseworker must request a D&N according to Section 2.601. The FSP Parts 1 and 2 may be provided upon the filing of the D&N. Adm\manss34.jag Social Services Division Policies and Procedures 2.604 Review of Need for Placement (RNP) Revised 3/29/99 The FSP must be completed to document the Department's adherence to C.R.S. §19-3-701(5) for Review of Need for Placement (RNP). The Department is required to prepare a social study or evaluation for placement whenever a child has been placed out of the home and it appears that continuation of the placement will be for a period exceeding ninety days. A. Within sixty days of the child's removal date, the caseworker will complete the FSP Parts 1, 2, 3A, 3B, and 3C, if necessary. If the youth is sixteen years of age or older, the caseworker will complete Part 4D. 1. In FSP Part 2, #18, the caseworker will describe: a. how the youth meets placement criteria - date child placed; b. the placements considered including relatives; c. the cost of each placement; d. recommend a placement and why this placement best meets the needs of the child; e. describe the manner in which the placement will be paid; £ the parents' foster care fee assessment; and g. information regarding SSI and Title IV-E eligibility. 2. In Part 3A through the Treatment Plan, the caseworker will: a. address the goals to be achieved by the placement; b. describe the services to be provided to eliminate the need for placement, their intensity, duration and the provider. B. After the FSP is prepared, the caseworker shall prepare a Request for Legal Services as described in Section 2.601. The paralegals will prepare the Petition and file it within ninety days of placement. Adm\manss34.jag Social Services Division Policies and Procedures 2.605 Plea Hearing Revised 3/29/99 The caseworker will prepare an FSP as follows: A. Informal Adjustments. If the parties have agreed to enter an admission for the purposes of an Informal Adjustment, the caseworker prepares an FSP setting forth the recommended items of the Informal Adjustment, reasons for recommending said items, and the goals of the plan. B. Order to Investigate/Treatment Plan. When a child has been adjudicated dependent or neglected, or a deferred adjudication is granted, the caseworker prepares an FSP Parts 1, 2, 3A, 3B, and 3C, if necessary. If the youth is sixteen years or older include 4D. 1. Intake Caseworker or Caseworker Filing the D&N. The intake caseworker is to prepare FSP Part 3A, the Safety Plan, as the initial treatment plan; or 2. Ongoing Caseworker. The ongoing caseworker will prepare an amended treatment plan with Part 3A using the headings of need, time frame, action steps, measurement of success, provider, persons involved and payment method. This amended treatment plan may be used for either the plea, continued plea, or review hearing. Adm\manss34.jag Social Services Division Policies and Procedures 2.606 Review Hearings Revised 3/29/99 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 needs to be prepared three days prior to hearing for the county attorney. B. Six month review hearing. The caseworker will prepare an FSP Parts 1, 3B (if the child is in placement), and 5A (shall be filed seven days prior to hearing). If the youth is sixteen years or older, the caseworker will include FSP Part 4D, unless this part has been previously introduced. If the treatment plan requires major changes, the caseworker will recommend these changes in FSP Part 3A. If there are new developments after the letter has been submitted, the caseworker is to provide an update sheet three days prior to the hearing to the county attorney. Adm'vnanss34.jag Social Services Division Policies and Procedures 2.607 Change of Custody Revised 3/29/99 A request for change of custody is not to be put in an FSP, unless the caseworker has advised the Assistant County Attorney in advance of submitting the letter to the Court. The caseworker prepares an update sheet to request an emergency hearing, a forthwith hearing ; a motion for a change of custody, setting forth the reasons for the Department's position, if all parties have been advised, and if anyone is objecting to the change of custody. Adm\manss34.jag Social Services Division Policies and Procedures 2.608 Change of Placement Revised 3/29/99 The caseworker is to prepare an update sheet to request an emergency hearing or forthwith hearing for change of placement if there is a disagreement between the parties. If all parties agree with the change of placement, the caseworker is to prepare a letter advising the court of the change in placement. If the case is one where problems are anticipated, the caseworker may contact the Assistant County Attorney to prepare a stipulation for the court. All placement changes need to be made known to the paralegals, even if a court hearing is not needed. Adm\manss34.jag Social Services Division Policies and Procedures 2.609 Permanency Planning Hearing Revised 3/29/99 A. A permanency planning hearing will be held within six months of the initial filing on Expedited Permanency Planning (EPP) cases and twelve months on non-EPP cases. The Assistant Weld County Attorney will prepare the Motion and Notice for the Permanency Planning hearing. B. The caseworker will prepare an FSP Parts 1, 3B, 5A, and 5A(1). In FSP Part 5, the caseworker will: 1. Review the progress of the case, cooperation with the treatment plan, and provision of services. 2. Describe whether the parents have maintained regular contact, visitation or parenting time. 3. Provide an estimate about when the child may return home and what needs to be accomplished before it can occur; describe the permanent home. If a permanent home is not available. describe the extraordinary circumstances why the child does not have a permanent home and what needs to occur to accomplish this. A concurrent plan may also be proposed. 4. Describe whether termination of parental rights would be beneficial. a. If not, describe in detail the reasons outlined in FSP Part 5A(1). b. If the caseworker recommends termination, the caseworker must request termination through a Request for Termination Form and notify the Assistant County Attorney before the caseworker puts it in the FSF'. 5. Describe recommendations for permanency plans in FSF' Part 5A including recommendations to return the child home within six months, long-term foster care, legal guardianship or permanent custody, emancipation, etc. Adm\manss34.jag Social Services Division Policies and Procedures 2.610 Motion to Terminate Parental Rights Revised 3/29/99 A. 'Termination Cases. If the caseworker believes the parents' rights should be terminated, the caseworker will not mention this in an F.S.P. before first notifying the Assistant County Attorney. Then the caseworker will prepare a Request for Termination with information as to: 1. Compliance and/or success of the approved treatment plan:, 2. Reasons for requesting termination; 3. The list of proposed witnesses and exhibits with copies attached. B. Abandonment Cases. If the child has been abandoned by the parent(s), the caseworker is to provide a handwritten statement of effort to locate said parent to the paralegals. Adtn\manss34.jag Social Services Division Policies and Procedures 2.611 Termination Hearing Revised 3/29/99 A. The caseworker shall prepare a termination letter and submit it to the court and also to all parties and the Assistant County Attorney by the deadline given by the Court. B. The termination letter shall include the FSP Parts 1, 2 and 5A, as follows: 1. Part 2 shall include the social history of the case 2. Part 5A shall include a description of: a. Changes that have occurred in the case, with emphasis on placement, including periods in residential treatment and incarcerations; parenting time; treatment providers; and parental home. • b. Compliance with the treatment plan including successes and failures. c. The caseworker's opinions in the applicable areas as follow: 1) The necessity and appropriateness of termination, including alternatives explored and rejected; 2) The level of compliance and success with the treatment plan; parental unfitness; and likelihood of change within a reasonable time; 3) The level of improvement demonstrated by the parent(s) in addressing problems identified in the treatment plan and the level of improvement in the relationship of the parent to the child(ren). 4) Termination questions for abandonment: a) Was the child adjudicated dependent or neglected? b) Has the parent ever had physical custody of Adm\manss34.jag Social Services Division Policies and Procedures the child? c) Has the parent contacted you to make clear his/her intention to resume physical custody of the child? d) Has the parent contacted you to make permanent legal arrangements for the care of the child? e) What have you done to try to locate this parent? Is it your expert opinion that this parent has abandoned the subject child? g) Did you file an affidavit of unlmown whereabouts with the court prior to this hearing? 5) Termination questions for failure to follow treatment plan: a) Has the child been adjudicated dependent or neglected? b) Was a treatment plan adopted by the court? c) With regard to the components of the plan, has the parent complied with any of them? d) Has the parent attended visitations with the child? Was there good cause for not visiting? e) Does the parent have the same problems now as were addressed in the treatment plan? 0 Has there been any improvement in the relationship with the child? Is there any relationship with the child? g) Has the parent ever shown that he/she is able to provide nurturing and safe parenting for this child? Has the parent abandoned this child? h) What services were offered to this parent/family? Were those services successful? i) Is this parent a fit parent for this child? Adm\manss34.jag Social Services Division Policies and Procedures j) Is it likely that the parent would be able to change within a time frame that is reasonable when viewed from the perspective of the child at this particular age and condition? C. The paralegals will prepare an Affidavit of Unknown Whereabouts for the caseworker's signature to be submitted prior to the termination trial. Adm\manss34.jag Social Services Division Policies and Procedures 2.612 Protective Orders Revised 3/29/99 When the caseworker recommends a protective order requiring restraining the parties from certain actions, the caseworker prepares an update sheet setting forth current problems and recommendations. The caseworker submits the update sheet to the paralegals to request an emergency hearing. Adm\manss34.jag Social Services Division Policies and Procedures 2.613 Proposed Orders Revised 3/29/99 A. A proposed order is prepared by the paralegals and reviewed by the Assistant Weld County Attorney following a hearing where the Court makes specific findings and orders. B. The proposed order is sent to the caseworker and counsel on the case. C. When the caseworker receives the proposed order, the caseworker will review the order for accuracy. If there are any corrections that need to be made, the caseworker must notify the paralegals of these corrections within seven days from the date the Certificate of Mailing is signed. Adm\cnanss34.jag Social Services Division Policies and Procedures 2.614 Distribution of Reports Revised 3/29/99 A. The caseworker will provide copies of psychological evaluations„ therapist reports, recommended treatment plans and Informal Adjustment Plans to all attorneys on a timely basis. This step is necessary to avoid objections for improper notice by the other attorneys. B . The caseworker will file, seven days before the hearing, FSPs, letters or reports to the proper court clerk, the Assistant Weld County Attorney, and all counsel and Special Respondents. Adm\manss34.jag Social Services Division Policies and Procedures 2.615 Paper Reviews Revised 3/29/99 A. The caseworker will prepare an FSP Part 1 and 5A for paper reviews. 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 prepares 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. Adm\manss34.jag Social Services Division Policies and Procedures 2.700 Child Placement 2.701 Placement Policy Revised 3/29/99 Based on sound social work practice and knowledge of the legal basis of action, the Department will consider placement when there is evidence that leaving the child in the home would jeopardize the safety of the child or community. Placement actions shall be guided by: A. Reasonable efforts to prevent placement or to reunite the family when safely possible if removal is necessary. B. Consideration of extended family members as placement resources. C. Consideration of the child's age, race, ethnicity, culture, language, religion, and other needs in the provision of services provided, including out-of-home placement and adoptive placements. D. Consideration of a safe environment and to not be moved indiscriminately from one placement to another, and to have the assurance of a permanency plan. 2.7011 Placement Procedures Revised 3/29/99 A. The caseworker must assure and document that: 1. All out-of-home placement and target group criteria are met. 2. All other resources have been explored and utilized or nonexistent, 3. No relatives are appropriate or willing to take the child. 4. Placement of the child is the only remedy. 5. Placement within Weld County was attempted as a priority. B. The caseworker must obtain prior approval of his or her supervisor for placement. Adm\manss27.jag Social Services Division Policies and Procedures C. The caseworker must review his/her placement decision with his or her supervisor the next work day when an emergency placement at night or on weekends is required. Adm\manss27.jag Social Services Division Policies and Procedures 2.702 Children and Youth Experiencing Serious Mental Health or Psychiatric Problems Revised 3/29/99 If a caseworker assesses that a child or youth is experiencing acute mental health problems and immediate help and/or hospitalization is needed, the caseworker will: A. Determine if the situation is an immediate risk to the child or others, and if the caseworker should transport the child or to notify, if a safety risk exists for the caseworker, law enforcement to transport the child to the facility where the mental health professional wishes to conduct the assessment. B. Help to arrange an emergency mental health screen, either through the child's own therapist or through the North Range Behavioral Health Center's Crisis Team. C. Notify and confer with his or her supervisor. D. Ensure, depending on who has custody and responsibility of the child, that the child is either hospitalized or receives the services recommended by the mental health screen. E. Consult with his or her supervisor if the caseworker disagrees with the findings of the mental health screen to determine a course of action. Adm\manss5.jag Social Services Division Policies and Procedures 2.703 Social Security Procedures for Children in Foster Care Revised 3/10/99 Each child placed in foster care including voluntary placements must have a social security number. If the child does not have a social security number, the Department must apply immediately for a social--security number, on behalf of the child. A. The caseworker must document in the case file: 1. The child's social security number and the verification of such number; or 2. A copy of Form 5028, "Receipt of Application for Social Security Number"; or 3. A form or written document from the Social Security Administration indicating the status of the Department's efforts to obtain a social security number. B. To accomplish well-documented and timely filing of applications to the Social Security Administration, the caseworker will interview and obtain documentation from the birth parents for all relevant information. Documents must be the original or certified copy. 1. Birth certificate (Department preference); or 2. Religious record showing age or date of birth; or 3. Hospital record of birth; or 4. Custody order. Besides the above referenced documents, the caseworker must obtain at least one additional document. These documents may include: school identification card, driver's license, custody order, school records, child's club membership card, etc. C. To verify the child's social security number, the caseworker will check the Department's computer systems. If this check is not successful, the caseworker will contact the local Social Security Office for verification. 2.703.1 Representative Payee for Children Receiving Social Security Payments Revised 3/29/99 In meeting the intent of Regulation 20, § 416.621, Social Security Act, the Department has as its procedures as follows: Adm\manss29.jag Social Services Division Policies and Procedures A. The caseworker will send by registered mail any applications, appeals, or changes of representative payee forms to the Social Security Office. B. If the child is receiving Social Security payments upon placement, the caseworker applies for a change of representative payee naming the Department as the representative payee for the child. The caseworker sends the form to the Social Security Office regarding the change and sends a copy to the Department's Business Office. C. When the child returns home and custody returns to the parent, the caseworker is to instruct the parent that he or she needs to apply for a change of representative payee naming the parent as the representative payee for the child. The caseworker sends a letter to the Social Security Office regarding the change and sends a copy to the Department's Business Office. D. When the child is in the custody of a relative, the caseworker is to instruct the relative that he or she needs to apply for a change of representative payee naming the relative as the representative payee for the child. The caseworker sends a letter to the Social Security Office regarding the change and sends a copy to the Department's Business Office. E. If the child is adopted, the caseworker is to instruct the adoptive parent that he or she needs to apply for a change of representative payee naming the adoptive parent as the representative payee for the child. The caseworker sends a letter to the Social Security Office regarding the change and sends a copy to the Department's Business Office. F. If the child is not receiving Social Security Benefits but may be eligible for such benefits and the child is not Title IV-E eligible, the caseworker files an application for social security benefits for the child. G. If the child is receiving Social Security Benefits and is approaching his or her eighteenth birthday, the caseworker will notify the Social Security Office by mail of the status change of the child to an adult. This notification should occur on or about six months before the child's eighteenth birthday. H. If the child is Title IV-E eligible, approaching his or her eighteenth birthday, and could be eligible for Social Security benefits as an adult, the Adm\manss29.jag Social Services Division Policies and Procedures caseworker will apply, six months before his or her birthday, for the child to be considered for Social Security benefits. Adm\manss29.jag Social Services Division Policies and Procedures 2.704 Case Practice Revised 3/29/99 To ensure the caseworkers and supervisors apply uniform casework standards, the Department has developed guidelines for case practice in child welfare. 2.704.1 Case Practice Regarding a Special Review of Placement Revised 3/29/99 A. The caseworker will notify his or her supervisor when their assigned child who is placed in foster care is a child who: 1. has been in four different placements excluding a return home; or 2. has a current plan of returning home for more than twenty-four months; or 3. has a goal for adoption and has not been placed in an adoptive home; or 4. has been returned home, has reentered placement more than twice, and has a current plan to return home. B. The caseworker, the caseworker's supervisor, and one other child welfare manager shall conduct a special review of the case. This review will consist of assessing the current case plan, permanent or concurrent plan, and appropriateness of the current plan. C. The date and results of this special review will be documented on the Family Services Plan Part 5B. 2.704.2 Case Practice Regarding Multiple Placements in a Foster Care Home Revised 3/29/99 A. The Department's policy is that no child shall be placed in a foster care home placement if this placement will result in more than: 1. Four foster care children, or a total of eight children, both foster care and non-foster care, in that home, unless the placement involves a sibling group. If the placement of the sibling group exceeds a total of eight children, no other children can be placed in that home. 2. Two children under the age of two years, unless the placement involves a sibling group. If the placement of the sibling group exceeds the limit of two children under the age of two years, no Adm\manss35.jag Social Services Division Policies and Procedures other children can be placed in that home. 3. Ten children. The Department requires written approval of the caseworker's supervisor in this case The caseworker supervisor must clearly document that the placement can meet the child's needs only in the specific facility, including a description of the services available in the facility to address the child's needs. B. The caseworker will notify his or her supervisor when the child's placement does not meet Department policy in Item A. C. Each exception to the Department's policy must be staffed and approved by the Placement Review Committee. D. Each approved exception by the Placement Review Committee will be documented in the Family Services Plan, Part 4B or 4C. Adm\manss35.jag Social Services Division Policies and Procedures 2.704.3 Case Practice for Children Who Cannot Be Returned Home and For Whom Adoption is Not Possible Revised 3/29/99 When a child cannot be returned home and for whom adoption is not possible, a permanency goal is developed with permanent substitute caretakers and continued foster care through legal guardianships or long-term foster care, whenever possible. 2.704.31 Case Practice Regarding Legal Guardianship Revised 3/29/99 A. Legal guardianship is considered for children whom the Department cannot return home and for whom adoption is not possible. B. The caseworker provides the permanent caretaker information regarding the probate process. The permanent caretaker may obtain their own attorney in pursuit of guardianship. If the permanent caretaker cannot afford the services of a private attorney, the services of the Assistant County Attorney representing the Department may be utilized for the guardianship process through the Probate Code. The Department does not pay attorney fees for a permanent caretaker to obtain guardianship through a private attorney. C. Permanent caretakers who wish to become guardians for a child must go through a probate action and the Department must end county custody, foster care payments, and administrative functions. D. In addition to Volume VII rules, the caseworker shall: 1. Staff the plan for guardianship with their supervisor and the Assistant County Attorney assigned to the case and gain their approval. 2. Upon approval, staff the child's case with the Department's designated permanency planning team. The permanency planning team shall consist of the caseworker assigned to the case, the caseworker's supervisors, and one other child welfare manager. The permanency planning team must approve the plan for guardianship. The caseworker and the other members of the permanency planning team shall complete, date and sign Part 5B of the Family Service Plan. Adm\manss8.jag Social Services Division Policies and Procedures E. The Department will submit the plan to the court at the permanency planning hearing. 2.704.32 Case Practice Regarding Long-term Foster Care Revised 3/29/99 A. Long-term foster care is considered as a permanency alternative when a return home, adoption, guardianship, and independent living are not viable alternatives. B. Long-term foster care may be specified for a defined period at the permanency hearing. C. After all Volume VII rules are applied, the caseworker shall follow the same procedures in Section 2.704.1 (D) and (E). Adm\manss8.jag Social Services Division Policies and Procedures 2.704.4 Case Practice for Adoption Services Revised 3/10/99 A. Adoptive families will have access to Core Services whenever appropriate. B. Adoptive services will be provided to all children with an identified goal of adoption whose parental rights have been terminated if they are not in a permanent placement approved by the court and Director. C. The Department will use recruitment efforts such as C.A.R.R. photo listings, Wednesday's Child participation, newspaper ads, and other child- specific recruitment efforts, when deemed appropriate. 2.704.5 Case Practice to Achieve Permanency Revised 3/29/99 A. The caseworker will staff the case with his or her immediate supervisor to resolve the issue to access the appropriate services. B. If the caseworker and supervisor are not able to resolve the issue, the supervisor will discuss the issue before the next weekly supervisory meeting, which the Director attends. C. If the situation requires immediate resolution before the next available meeting, the supervisor and caseworker will make an appointment with the Director to explore possible solutions. Adm\manss 17.j ag Social Services Division Policies and Procedures 2.707 Notification of School Districts Concerning Children in Foster Care Revised 3/29/99 The Department will notify the school district of attendance of a foster child who is placed in the school district's jurisdiction. A. The caseworker will complete, date, and forward the form WE-03-043 to the appropriate school district when a foster child is: 1. initially enrolled in the school district or is likely to be enrolled in the school district. 2. moved from one residence or facility to another within the same school district. 3. transferred to another school district, requiring both the receiving and the former school districts to be notified. 4. identified as educationally disabled and requires a school assessment within thirty calendar days before enrollment or enrollment transfer. B. The caseworker is to document his or her notification efforts in the case file. 2.707.1 Educationally Disabled Children Revised 3/29/99 An educationally disabled child is defined as any child who is prevented from participating in a regular school program because of physical, emotional, or psychological problems. This definition does not apply to developmentally disabled children. A. The caseworker must have each educationally disabled child screened by the school district of jurisdiction. 1. The caseworker should attempt, when possible, to arrange for the screening by the school district before the child is placed in foster care or residential care. 2. For a child placed in a group home, Residential Child Care Facility or Residential Treatment Center care, the caseworker must notify the school district of residence: a. thirty days in advance of the initial placement. Adm\manss30.jag Social Services Division Policies and Procedures b. at the time of actual placement. 2. If the school district does not accept the caseworker's request, the caseworker must determine and document if the school district: a. Notified the biological parent and obtained the biological parent's request for the screening. b. Appointed an educational surrogate, as determined.by the school district. B. The caseworker will request that the school district of jurisdiction develop an Individual Educational Plan (IEP) for the child. C. The caseworker must have evidence of the screening and IEP development in the case record. If the IEP is not available, the caseworker, at a minimum, must have the date, time, and place of meetings, the representatives who attended the meetings, and the decision made as a result of the meetings. D. The caseworker must notify his or her supervisor if the school district of jurisdiction fails to comply with Items A - C of this section. The supervisor will work toward resolving the issues. If resolution is not reached, the Director will be notified. 2.707.2 Financial Responsibility for Education Costs Revised 3/29/99 The school district is responsible for educational costs for the foster child through their average revenue base/excess costs. To assure that educational costs are provided by the school district, the caseworker must notify the school district before the foster child is enrolled. Adm\manss30jag Social Services Division Policies and Procedures 2.710 Foster Children Adm\manss22.jag Social Services Division Policies and Procedures 2.710.3 Motor Vehicle Operation Revised 3/29/99 The Department will not permit foster children to operate a motor vehicle. Under no circumstances will youth who are placed in Child Placement Agencies, Residential Child Care Facilities, Specialized Group Care, or youth on Independent Living be allowed to drive a motor vehicle. The exceptions to this prohibition must be well-defined and documented circumstances where liability is assumed and insurance provided by another responsible party as follows: A. Voluntary Placements. Because the child remains in the legal custody of the birth parents, the caseworker must document that the vehicle driven is insured for lability by both parents or foster parents. Verification shall include a signed statement by the responsible party that insurance is provided for the foster child, name of the insurance company, coverage date, and a description of the vehicle covered. The caseworker files the verification in the case record. B. Department Custody through Court Order. 1. The caseworker may allow the foster child to drive if liability is assumed by a responsible party on behalf of the foster child who is a minor by: a. County Certified Foster Parents b. Biological Parents c. Placement facility, i.e., Child Placement Agency and Residential Child Care Facility 2. The caseworker must obtain a signed Affidavit of Responsibility from the responsible party who is assuming liability for the foster child to obtain a driver's license. The caseworker will verify that the foster child is covered with the individual or facility's vehicle insurance policy. The signed statement shall include the name of the insurance company, coverage date, and a description of the vehicle covered. The caseworker files the statement in the case record. 3. The caseworker must inform the responsible party that: Adm'nanss22.jag Social Services Division Policies and Procedures a. They assume responsibility for bodily injury and property damage when they authorize driving by signing the Affidavit of Liability for a minor. b. They should notify and seek the advice of their insurance company to provide adequate and timely insurance coverage. c. They will pay for any increase in their premium costs. C. Driver's Education through Public Schools. School districts assume liability responsibility for youth when they are driving a school vehicle with an instructor, according to § 42-2-107, C.R.S. The foster parents may sign the Affidavit of Liability so the youth may enter the Drivers' Education Course. The foster parents may revoke the affidavit if they do not wish to assume responsibility and insurance coverage after the training is completed. 2.710.31 Automobile Insurance Related to Non-Medicaid Eligible Foster Children Revised 3/29/99 Private medical insurance purchased by the Department will not cover medical bills associated with a motor vehicle accident. Non-Medicaid eligible foster children will not be placed in foster homes that do not carry current and adequate motor vehicle liability insurance that extends its coverage to foster chi ldren. The caseworker must verify that this insurance is provided at the time of placement. Adm\manss22.jag Social Services Division Policies and Procedures 2.710.4 Personal Injury, Property Loss and Damage Revised 3/29/99 A. The Department cannot assume the financial and legal obligation to foster parents for property loss or damage or for personal injury incurred in their care of foster children. The Department has no legal means to pay for any losses. B. The Colorado Department of Human Services provides some supplementary coverage for foster parents, as described through State rules. This coverage supplements the foster parents' "homeowners" and auto insurance policies but does not provide coverage for all types losses. The State pays premiums. C. Child Placement Agencies and Residential Child. Care Facilities must provide their own liability insurance. Adm\manss23.jag Social Services Division Policies and Procedures 2.710.5 Consent for Out-of-County and Out-of-State Travel of Foster Children Revised 3/29/99 A. The caseworker must notify the birth parents or biological parents of any out-of-county or out-of-state travel and obtain the biological parents' permission. B. The caseworker must obtain written permission from the caseworker's supervisor through the Department's Travel Authorization Form for foster parents to travel with children for any out-of-county or out-of-state travel. C. The caseworker will follow travel procedures as follows: 1. Voluntary Placement. The caseworker, through his or her supervisor, must provide permission to the foster parent to travel with the child out-of-county, after consent is provided by the biological parents. The foster parent must have the written permission from the caseworker's supervisor and biological parents for any out-of-state travel with the child. 2. Court Ordered Placement. The caseworker, through the caseworker's supervisor, must provide permission to the foster parent to travel with the foster child out-of-county, after consent is provided by the biological parents. The caseworker must notify the Guardian at Litem to obtain his or her consent. The Court must provide its approval to the Department and foster parents for any out-of-state travel. Adm\manss24.jag 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 3/29/99 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 S.20 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 manss25.jag Social Services Division Policies and Procedures Office. manss25 jag 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 3/29/99 A. Voluntary Placements 1. Foster parents and other child placement facility representatives are authorized to consent to: a. Routine medical and dental care that is non-emergency care. b. Emergency care, if necessary. c. Non-emergency surgery that requires hospitalization and with the birth parents' advance consent and signature on a CWS-25 form attesting to the birth parents' consent. 2. Foster parents do not have consent for hospitalization for psychiatric treatment. Foster parents will notify the caseworker who will assess the child or youth according to the procedures in Section 2.702. 3. The caseworker shall try to obtain a written medical consent for treatment, including surgery, from the parents having custody or guardian. Before surgery is performed, the hospital may require that their consent form be signed. If possible, the caseworker should have the parents sign this hospital or medical provider consent form. 4. If the caseworker cannot obtain written medical consent for treatment because the parents having custody or guardian is not available, the caseworker will notify his or her supervisor and initiate the legal process to obtain a court order. B. Court Ordered Placements 1. Foster parents and other child placement facility representatives are authorized to consent to: Adm\manss26.jag Social Services Division Policies and Procedures a. Routine medical and dental care that is non-emergency care. b. Emergency care, if necessary. c. Non-emergency surgery that requires hospitalization and with the Director's, or designee's, advance consent and signature on a CWS-25 form attesting to the Depailment's consent. 2. Foster parents do not have consent for hospitalization for psychiatric treatment. Foster parents will notify the caseworker who will assess the child or youth according to the procedures in Section 2.702. 3. The caseworker will notify the birth parents and Guardian at Litem to determine their consensus to any non-emergency surgical procedures. The caseworker will notify the birth parents and Guardian at Litem of any emergency care situations. 4. The foster parent should be instructed to notify caseworker supervisors or the Director in any medical or psychological requiring consultation. 5. If the caseworker cannot obtain consensus for medical treatment because the birth parents or Guardian at Litem is not available, the caseworker will immediately notify his or her supervisor and initiate the legal process to obtain a court order. 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 he 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 Adm\manss26.jag Social Services Division Policies and Procedures 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. 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. Adm\manss26.jag Social Services Division Policies and Procedures D. The caseworker must document dental appointments in the case file. Adm\manss26.jag Social Services Division Policies and Procedures 2.750 Case Recording and Filing Policy 2.750.1 Case Recording Revised 3/29/99 A. The caseworker is expected to maintain current records in every active service case to which he or she is assigned. All recording must be made within established time limits. B. The recording must give the reader clear, concise description of case information and planning. C. The number and type of contacts with the client must be clearly stated in all recordings. D. Case documentation shall meet all State and county requirements as outlined in Volume VII, Section 7.002 2.750.2 Case Review Process Revised 3/29/99 Social Services Division Managers are responsible for case review as follows: A. Review case records using the Weld County Social Services Case Review Form upon case closure or transfer. B. Review all cases open ninety days or longer and assure the appropriate documentation of the review is signed by the supervisor. C. Assure that child protection investigations are reviewed by the Child Protection Team according to State requirements, as outlined in Volume VII, Section 7.402.72. D. Cooperate with the review of ongoing cases by Foster Care Review as required. E. Cooperate with State audits that ensure compliance with State and Federal rules. 2.750.3 Filing Policy Revised 3/29/99 Client records will be maintained in the County Department's Central File. Records regarding cases on employees of the County Department will be entered into the computer and given a "sensitive" designation. These computer files can only be accessed through the computer in Central Files. The hard files will be Adm\manss 11.jag Social Services Division Policies and Procedures maintained in a designated, locked filing cabinet. Adm\mans 11.j ag Social Services Division Policies and Procedures 2.760 Caseworker Training Revised 3/29/99 A. All new caseworkers will complete thirty hours of computer-based training before receiving a caseload. The caseworker's supervisor will send a printout verifying the caseworker's'completion of the computer- based training to the Office of State Development, Colorado Department of Human Services and to the Department's personnel office.. A record of completion of this training will be kept in a log in the Department's personnel office. B. All new caseworkers will complete new caseworker training Parts 1 and 2 within three months of date of hire. The Department's Staff Development Request form will be used to document the caseworker's completion of this training. A record of completion of this training will be kept in a log in the Department's personnel office. C. All new caseworkers will complete Part 3 of the new caseworker training between six and eight months of date of hire. The Department's Staff Development Request form will be used to document the caseworker's completion of this training. A record of completion of this training will be kept in a log in the Department's personnel office. D. All new caseworkers will complete sixty hours of on-the-job training within four months of date of hire. The supervisor or lead caseworker will complete the On-the-Job Training Competency-based Assessment form verifying that the training has been done. This form will be sent 1:o the Office of Staff Development, Colorado Department of Human Services. A record of completion of this training will be kept in a log in the Department's personnel office. E. All new caseworkers will have six hours of regional resource training completed within twelve months of date of hire. All new caseworkers will be expected to attend any regional resource training provided by the Colorado Department of Human Services. The Department's Staff Development Request form will be used to document the caseworker's completion of this training. A record of completion of this training will be kept in a log in the Department's personnel office. To assure regional resources are known to each caseworker, all C.O.R.E. services providers will provide an orientation to caseworkers regarding Adm\manss 18.j ag Social Services Division Policies and Procedures their programs annually. Attendance at these orientation sessions will be recorded and kept in a log in the Department's personnel office. All supervisors or lead caseworkers will orient new caseworkers regarding key juvenile justice and dependency court systems. The Department will make available to each caseworker a list:of community resources. F. All new caseworkers will complete Part 4 (sexual abuse interviewing) of the new caseworker training within twelve months of the caseworker's date of hire. The Department's Staff Development Request form. will be used to document the caseworker's completion of this training. A record of completion of this training will.be kept in a log in the Department's personnel office. This training is recommended but optional for Youth-In- Conflict caseworkers. G. All new child welfare supervisors will receive forty hours of supervisory training within six months of the supervisor's date of hire or promotion. The Department's Staff Development Request form will be used to document the supervisor's completion of this training. A record of completion of this training will be kept in a log in the Department's personnel office. H. All experienced child welfare staff will receive eight hours of training per year. The Department's Staff Development Request form will be used to document the staff's completion of this training. A record of completion of this training will be kept in a log in the Department's personnel office. Adm\manss18.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 may be 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 Department'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. Adm\manss51.jag Social Services Division Policies and Procedures 2.800 Program Description 2.800.1 General Description of Services Revised 3/29/99 A. General Services. Caseworker supervisors shall provide to their caseworkers a list of service providers for purposes of meeting family needs in the areas of: 1. Core Services or Family Preservation. 2. In-home Homemaker services. 3. After-Care services. 4. Out-Patient Substance Abuse Treatment. 5. Mental health services. 6. Ongoing Family Therapy or Intensive Family Therapy 7. Day Treatment. 8. Special Circumstance Child Care. B. Crisis Counseling. Families who need crisis counseling may have access to these services through: 1. Child protection screeners, child protection primary duty caseworker, and the Youth-In Conflict primary duty caseworker during normal working hours. 2. Emergency Duty Worker is available after normal working hours, weekends, and holidays. 3. North Range Behavioral Health provides twenty-four hour emergency mental health services. Section 2.702 describes the procedures to access these services. C. Emergency Financial Assistance. Families who need emergency financial assistance may have access to: Adm\manss50.jag Social Services Division Policies and Procedures 1. Special Economic Assistance, a Core Service. 2. Case Services for limited services. D. Visitation Services. Families who need visitation services during regular working hours, after hours, and on weekends or holidays, may have access to: 1. Core Services providers that provide visitation services. 2. Department's case aides. 3. Child Placement Agencies that provide visitation services. E. Housing Services. Families who need housing services may have access to: 1. Special Economic Assistance funds for damage deposits, first month's rent, or back rent. 2. Weld County/Greeley Housing Authority referrals for housing assistance. F. Transportation Services. Families who need transportation services may have access to transportation. services through: 1. Case services payroll for purchase of bus passes or cab services. 2. Mileage reimbursement for parent visits or other services through case services payroll and Medicaid services for eligible parents. 3. The Department's case aides, foster parents, and child placement agencies provide transportation for foster children. 4. Mileage reimbursement for foster parents are available through case services payroll and Medicaid. Adm\manss50.jag Social Services Division Policies and Procedures 2.801 Special Circumstances Child Care Revised 3//29/99 Special Circumstances Child Care is a service to monitor a child in his or her own home or in the least restrictive out of home care when there are no other child care options available. Child care services for school age children during regular school hours must be different from, and cannot be substituted for education services that school districts are required to provide under the Colorado Exceptional Children's Act. (Reference: § 26-2-103 (11), CRS) 2.801.1 Eligibility Criteria for Special Circumstances Child Care Revised 3//29/99 The caseworker and supervisor must ensure that: A. The child and family meet eligibility requirements in the General Information and Policies Section of Volume VII; and B. No other child care options are available; and C. The child is eligible for services under Program Areas 4, 5, or 6, Volume VII, 7.502.3. 2.801.2 Special Circumstances Child Care Priorities Revised 3//29/99 The County Department has limited fiscal and staff resources. Priorities will be used to place children in special circumstances child care. By order o F importance, the caseworker shall use the priority listing in deciding which child shall receive or be terminated from these services as follows: A. A child who is at risk of abuse or neglect, but who can remain in his or her own home with the use of child care. Child care gives respite to both the child and parent(s), and keeps an objective eye on the child in case of re- abuse. B. A child who is placed with relatives or family friends because the child cannot remain in his or her own home due to the risk of abuse or neglect. These placements are very special as the caretakers are usually attached and committed to the child. In addition, the child usually knows these caretakers and the trauma of removal from his or her own home is much less. Child care supplements and supports these placements. C. A child who is placed in the least restrictive setting, usually County Certified Foster Care Homes, and who is challenging to the foster care adm\manss6.jag Social Services Division Policies and Procedures parents. The Placement Review Team will decide if the child's behavior warrants the use of child care in each individual case. Child care allows respite for County Certified Foster Parents and provides socialization and/or therapy for the child. This child care prevents the child from having to be placed in a more restrictive, higher cost placement. Also, these placements, if successful may be permanent in the event the child cannot be reunited with their family. D. A child who is emotionally or behaviorally disturbed, and for whom the child care is therapeutic. Often this factor is present in many situations described in (A) through (C). Also, in cases where the child may have to be placed peicnanently outside their home, child care can help this child be more manageable and therefore easier to sustain in placement. 2.801.3 Procedures for Referral and Approval of Special Circumstances Child Care Revised 3/129/99 A. The caseworker completes the Special Circumstances/Protective Services Child Care Referral Form. The total cost of the requested child. care must be on the form under Provider Information. The caseworker will not put the total cost information in the space labeled "for child care unit use only." B. The caseworker discusses the referral with their immediate supervisor and obtains the immediate supervisor's signature on the Special Circumstances/Protective Services Referral Form. C. The caseworker staffs the case for approval with the Placement Review Team. The request must meet the eligibility and priority criteria outlined in Section 2.801.1 and 2.801.2 D. The Placement Review Team approves the child care services for only ninety days. All team members sign the referral form. E. The referral form is then given to the managing supervisor of Special Circumstances Child Care for final approval and tracking of expenditures. F. The managing supervisor for special circumstances child care signs the referral form and returns the referral form to the caseworker. The caseworker forwards the form to the child care unit. adm'mnanss6.jag Social Services Division Policies and Procedures G. In order for special circumstances child care to continue, the above procedure must be repeated every 90 days. The Placement Review Team will assess the appropriateness of continued care based on the needs of the child and family. adm\manss6.jag 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 Adm\manss 15.jag Social Services Division Policies and Procedures Human Services. 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). Adm\manss 15.jag Social Services Division Policies and Procedures 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 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. Adm\manss 15.jag Social Services Division Policies and Procedures 2.803 Promoting Safe and Stable Families Program Revised 3/29/99 The Colorado Department of Human Services provided funding to the Department for a one-year period of October 1, 1998 through September 31, 1999, for three major activities. These major activities are a Family Support Program, an Adoption Promotion and Support Services Program, and a Time-Limited Reunification Services Program. 2.803.1 Definitions Revised 3/29/99 A. Adoption Promotion and Support Services Program: Services and activities designed to encourage more formal and informal adoptions out of the foster care system, when adoptions promote the best interests of children, including such activities as pre- and post-adoptive services and activities to expedite the adoption process and support both adoptive and kinship care families. B. Time-Limited Reunification Services Program: Services and activities that are provided to a child who is removed from the home and placed in a foster family home, residential child care institution, or other out-of-home environment; and to the parents or primary caregivers of such child, in order to facilitate the reunification of the child, safely and appropriately within a timely fashion, but only during the 12-month period that begins on the date that the child is considered to have entered placement. C. Family Support Program: Those services provided to enable families to care for and nurture their children, and prevent crises that might lead to out-of-home placement. Services are provided by a family advocate who supports families and assists in the coordination of services for families. 2.803.2 Adoption Promotion and Support Services Program 2.803.21 Program Eligibility Revised 3/29/99 A. Parents who are engaged in the entire legal process of adoption including intake, pre-placement activities and planning, adoptive placement of the child, post-placement activities, and post-finalizaiton services. B. Parents who are relatives or kin who are providing foster care for children C. Biological parents who are involved in the child welfare system and their Adm\manss 14.j ag Social Services Division Policies and Procedures needs cannot be met through existing services of Core Services or Colorado Work Program in Weld County. 2.803.22 Program Services under Adoption Promotion and Support Services Program Revised 3/29/99 A. Short-Term Respite Care for Children'Without Special Needs: Short- term respite care for families during the daytime for children without special needs may be available through licensed providers. B. Short-Term Respite Care for Children With Special Needs: Short-term respite care for families during the daytime for children with special needs may be available through licensed providers. Children with special needs are defined in Section 2.302 (A). C. Overnight Respite Care: Overnight respite care for families may be available through County Certified Family Foster Care Homes. The 24- hour care cannot exceed seven continuous days. D. Summer Respite Care: Summer respite care for families may be available through payment of summer camp fees. E. Emergency Medical Services: One-time emergency funding may be available to pre- and post-adoptive children who require prescriptions or medical needs not covered by Medicaid or other insurance resources. F. Training and Education Services 1. Training: The Department will enhance its training program by focusing resources for: • basic and advanced parenting skills. • parenting and care of the developmentally disabled child. • parenting and care of the child with psychological and emotional disorders, i.e., reactive attachment disorder, fetal alcohol syndrome, grief and loss issues. • parenting and care of the child with medical needs, i.e., chronic illness,prevention and maintenance, medications, physical therapy in the home. • the legal system, i.e., the role of the court, the process of adoption, guardianship, Dependency and Neglect, custody. Adm\mans 14.jag Social Services Division Policies and Procedures 2. Educational Materials: The Department will purchase videos and other educational materials to augment training and ongoing educational needs of parents. G. Mentoring Services: Mentoring services may be available through adoptive parents whom the Department has interviewed and selected as mentors. Adoptive parents who are mentors will provide direct face-to- face services. H. Payment for Travel: Travel services may be reimbursed for parents who are engaged in pre-placement activities and planning, adoptive placement of the child, and post-placement activities. 2.803.23 Procedures to Access Services Revised 3/29/99 A. Short-Term Respite Care for Children Without Special Needs. 1. The Resource Services Unit will notify, through direct mailing, pre- and post-adoptive parents and kinship care providers, as caretakers, of available respite care services. 2. The caretaker contacts the Resource Services Unit to request services. The Resource Services Unit will refer the caretaker to next available group registration meeting that is held weekly. 3. The Resource Services Unit will interview the caretaker and determine the number of hours of respite care that will be provided. The determination of the number of hours per caretaker is based on need and is limited to twenty-four hours per month, per child, unless otherwise waived and approved by the Resource Services Unit Manager. 4. The Resource Services Unit will issue a voucher to the caretaker. The voucher will detail the limitations, terms, and conditions of the services to be provided. 5. The caretaker will present the voucher to a licensed child care provider or County Certified Foster Care Home provider for respite services. The provider and the caretaker will arrange for the time and date for care during the month. Adm\rnanss 14.j ag Social Services Division Policies and Procedures 6. The provider submits monthly the voucher, along with the signature of the caretaker to verify services have been provided, to the Resource Services Unit Manager. The provider must submit its billings to the Department by the 15th of the following month for remittance. 7. The Resources Services Unit verifies the billing regarding caretaker eligibility, provider status, services provided and documentation provided. Once verified, the Resource Services Unit will submit the voucher to the Business Office for payment. Revised 3/29/99 B. Short-Term Respite Care for Children With Special Needs. 1. The Resource Services Unit will notify, through direct mailing, pre- and post-adoptive parents and kinship care providers, as caretakers, of available respite care services. 2. The caretaker contacts the Resource Services Unit to request services. The Resource Services Unit will refer the caretaker to next available group registration meeting that is held weekly. 3. The Resource Services Unit will interview the caretaker and determine the number of hours of respite care that will be provided. The determination of the number of hours per caretaker is based on need and is limited to twenty-four hours per month, per child, unless otherwise waived and approved by the Resource Services Unit Manager. 4. The Resource Services Unit will issue a voucher to the caretaker. The voucher will detail the limitations, terms, and conditions of the services to be provided. 5. The caretaker will present the voucher to a licensed facility that specializes in the care of special needs children or County Certified Foster Care Home provider who is qualified to care for special needs children for respite services. The provider and the caretaker will arrange for the time and date for care during the month. 6. The provider submits monthly the voucher, along with the signature of the caretaker to verify services have been provided, to the Resource Services Unit Manager. The provider must submit its Adm\mans 14.jag Social Services Division Policies and Procedures billings to the Department by the 15th of the following month for remittance. 7. The Resources Services Unit verifies the billing regarding caretaker eligibility, provider status, services provided and documentation provided. Once verified, the Resource Services Unit will submit the voucher to the Business Office for payment. Revised 3/29/99 C. Overnight Respite Care 1. The Resource Services Unit will notify, through direct mailing, pre- and post-adoptive parents and kinship care providers, as caretakers, of available respite care services. 2. The caretaker contacts the Resource Services Unit to request services. The Resource Services Unit will refer the caretaker to next available group registration meeting that is held weekly. 3. The Resource Services Unit will interview the caretaker and determine the number of hours of respite care that will be provided. The determination of the number of hours per caretaker is based on need and is limited to two overnight stays per month,per child, unless otherwise waived and approved by the Resource Services Unit Manager. 4. The Resource Services Unit will issue a voucher to the caretaker. The voucher will detail the limitations, terms, and conditions of the services to be provided. 5. The caretaker will present the voucher to a licensed child care provider or County Certified Foster Care Home provider for respite services. The provider and the caretaker will arrange for the time and date for care during the month. 6. The provider submits monthly the voucher, along with the signature of the caretaker to verify services have been provided, to the Resource Services Unit Manager. The provider must submit its billings to the Department by the 15th of the following month for remittance. 7. The Resources Services Unit verifies the billing regarding Adm\mans 14.j ag Social Services Division Policies and Procedures caretaker eligibility, provider status, services provided and documentation provided. Once verified, the Resource Services Unit will submit the voucher to the Business Office for payment. 2.8033 Time-Limited Reunification Services Program 2.803.31 Program Eligibility Revised 3/29/99 A. Parents who are engaged in the entire legal process of adoption including intake, pre-placement activities and planning, adoptive placement of the child, post-placement activities, and post-finalizaiton services. B. Parents who are relatives or kin who are providing foster care for children C. Biological parents who are involved in the child welfare system and their needs cannot be met through existing services of Core Services or Colorado Works Program in Weld County. 2.803.32 Program Services under Time-Limited Reunification Services Program Revised 3/29/99 Services to be provided are the same as those defined in Section 2.803.22 (A) through (F). 2.803.33 Procedures to Access Services Revised 3/29/99 Procedures are the same as those designed in Section 2.803.23 (A) through (F). 2.803.4 Family Support Program 2.803.41 Program Eligibility Revised 3/29/99 A. "Young Families at Risk" as defined as follows: 1. Families with children twelve years of age and under; and 2. Families that qualify under two risk areas or more as follows: a. Economic Risk: Families receiving public assistance through the Department. b. Family Risk: Families who are either isolated because of Adm\manss 14.jag Social Services Division Policies and Procedures culture, language, and/or from birth or extended family members, or who are physically or mentally challenged; or who experienced divorce within the last year. c. Stress Risk: Families who are new to the community, i.e., migrant families (residents df one year or less); or who have rent or mortgage expenses that exceed 30% of income; or who have a head of household having less than a high school education. B. Families referred by the Department's caseworkers who do not qualify for Core Services or Colorado Works in Weld County services. 2.803.42 Program Services under Family Support Program Revised 3/29/99 Program services are provided by two contractors of the Department. These two contractors are the Weld Department of Human Services and Catholic Charities Northern. A. Weld County families who reside north of and including Platteville, Colorado: These families will be referred to the Family Support Program under the Weld Department of Human Services. The Weld County Human Services Program provides case management and supportive services support for families through a family advocate. B. Weld County families who reside south of Platteville, Colorado: These families will be referred to the Family Support Program under Catholic Charities Northern. Catholic Charities Northern provides support for families in accessing community services. 2.803.43 Procedures to Access Services Revised 3/29/99 A. A client may self-refer to these services by contacting either contractor, depending on the residence of the client. B. A caseworker may contact, on behalf of a client, to one of the contractors, depending on the residence of the client. C. The contractors advertise their services at human service provider locations throughout Weld County. Adm\manss 14.j ag Social Services Division Policies and Procedures 2.900 Committee Descriptions 2.901 Weld County Child Protection Team Revised 3/29/99 The Weld County Child Protection Team was for ned by the County Director under the requirements of the C.R.S. § 19-1-1-3 (22) and § 19-3-308 (6) - (9). The Weld County Child Protection Team has an advisory role only to the County Department. The Weld County Child Protection Team has as its functions: A. Communication and problem solving with agencies having primary contact with abused and neglected children. B. Dissemination of information about child abuse to the community. C. Reviewing child abuse and neglects cases according to the C.R.S. § 19-3- 308 (6) - (9). 1. The full team will meet a minimum of twice monthly to review cases with caseworkers who are present. 2. A mini-team will meet at least twice monthly to staff cases required by statute. 2.901.1 Weld County Child Protection Team Procedures Revised 3/29/99 A. The County Director appoints members to the Weld County Child Protection Team, as required by the C.R.S. § 19-1-103 (22) and § 19-3- 308 (6) - (9). B. Each appointed member must sign a form regarding confidentiality of cases. C. Any member of the Weld County Child Protection Team may request a particular case to be reviewed. D. Each member of the team will participate in a multi-disciplinary approach to each case reviewed. Adm/manss7.jag Social Services Division Policies and Procedures 2.902 Placement Review Committee Revised 3/10/9 The Placement Review Committee is an internal committee created by the Director. The Placement Review Committee has as its purposes to: A. Foster Care Placements: 1. Review for approval caseworker requests for placement of children and youth in more costly and restrictive foster care; i.e., out-of- state placements, residential treatment centers, residential child care facilities, etc. 2. Review for approval, at a minimum every six months, ongoing foster care placements to ensure that children are returned to their parents or the community, as appropriate. C. Special Economic Assistance: Review for approval caseworker requests for special economic assistance. D. Specialized Child Care: Review for approval caseworker requests for specialized child care. E. Child Fatality Review: Provide a complete internal administrative review of the Department's involvement in a case involving a child fatality, according to Volume VII, Section 7.202.78, B, 2. 2.902.1 Placement Review Team Composition Revised 3/29/99 A. Social Services Administrator, Chair, or designee B. Social Services Division Managers B. Foster Care Specialist C. Caseworker presenting child for placement or presenting a child fatality case. If the Social Services Administrator is absent, the Social Services Administrator or the Director will appoint a chair or waive such requirement. 2.902.2 Types of Placements Reviewed Revised 3/1/0/99 A. All requests for children or youth to be placed in any higher level care Adm\manss28.jag Social Services Division Policies and Procedures other than County Certified Foster Care Homes. B. Any request to transfer a child or youth from one higher level placement to another higher level placement. C. Children in foster care placements for six months to assess if treatment and permanency plan goals are being met. D. Any other foster care case the committee determines should be subject to follow-up or more frequent review due to the critical nature of the placement. E. Any other case the Social Services Administrator or Director may refer for review and recommendation. 2.902.21 Recommendations and Decision Authority for Placements Revised 3/29/99 A. The Placement Review Committee reviews and makes recommendations for placements. B. If a consensus on recommendations is not reached by the Placement Review Committee, the Director or designee will make the final Department decision. 2.902.22 Placement Review Procedures Revised 3/29/99 A. The Placement Review Team will meet biweekly. B. The caseworker and/or immediate supervisor presents case to the committee. C. The committee reviews and recommends approval, disapproval, or conditional approval within one day of the presentation. D. The committee documents its decision by each individual signing the appropriate form and files such form in the child's case record. E. If a consensus on the committee's recommendations is not reached, the Director or designee will make the decision. The committee members will document this decision on the appropriate form and file such form in the Adm\manss28.jag Social Services Division Policies and Procedures child's case record. 2.902.3 Child Fatality Review Revised 3/29/99 The Placement Review Committee will provide a complete internal administrative review and shall be referred to as the Department Internal Review. This child fatality review will be completed whenever the Department has had current or prior case services involvement with the child, family, or alleged perpetrator within the last five years . 2.902.31 Review Procedures Revised 3/29/99 A. The Placement Review Committee's review will include, at a minimum: 1. Evaluation of the case plan. 2. Assessment of the interventions made by the Department. 3. Identified areas of strengths and/or weaknesses in the casework process. 4. Analysis of any systemic issues that may have led to delays or oversights. 5. Evaluation of the role played by other community agencies and the overall case coordination. 6. Recommendations for staff training or changes in the system that would avoid other similar occurrences. B. The Placement Review Committee will document its review on the State Department's Internal Review and Child Fatality Report. C. The Placement Review Committee will assure that the written report is completed within sixty calendar days of notification of the child's death and provided to the Director. D. The Director or designee will submit the State Department's Internal Review and Child Fatality Report to the State Department Child Protection Administrator. Adm\manss28.jag Social Services Division Policies and Procedures 2.903 Adult Protection Networking Group Revised 3/29/99 The Adult Protection Networking Group is an ad hoc committee formed by the Director for purposes of facilitating interagency cooperation regarding services to at-risk adults and developing/providing information to the community at large regarding issues of adult protection. 2.903.1 Purposes of the Group Revised 3/29/99 A. Review the need for and/or provision of the services for adults who are at- risk of, or are being neglected, abused or exploited. B. Identify gaps in services available to elderly and disabled adults. C. Educate the community regarding adult protection issues for purposes of prevention. D. Network and share information among agencies to prevent the duplication of services. E. Assess client potential need for services using a staffing team. F. Explore resource development. 2.903.2 Structure of the Adult Protection Networking Group Revised 3/29/99 A. The Adult Protection Networking Group meets monthly. B. The Adult Protection Unit Manager convenes each meeting, structures the meetings, and sets the times for the meeting. C. The Director appoints, at one year increment, the members to the group who are voluntary ad hoc members. D. Membership consists of a minimum of six individuals who represent: 1. Law enforcement. 2. Ombudsman from Area Agency on Aging. 3. Mental health community. 4. Health Care Agency or medical community. Adm/manss48.jag Social Services Division Policies and Procedures 5. Developmentally delayed/physically impaired community. 6. Elderly community outreach. 7. Other members as required and appropriate. E. Members are required to sign a statement of confidentiality to allow for referrals and review of specific cases, according to applicable State and County rules. F. Adult Protection Caseworkers will present cases when situations arise needing input from the group. Adm/manss48.jag Social Services Division Policies and Procedures 2.904 Weld County Families, Youth, and Children Commission Revised 3/29/99 The Weld County Families, Youth, and Children (FYC) Commission is an advisory committee formed under the auspices of the Board of County Commissioners of Weld County. 1904.1 Functions of the Weld County Families,Youth, and Children Commission Revised 3/29/99 The functions and duties of the FYC Commission are to: A. Function as the "placement alternatives commission" for Weld County, as referred to in C.R.S. § 19-1-116 (2)(a), and prepare plans required by C.R.S. § 19-1-116 (2)(b). B. Review and advise the Board of County Commissioners of Weld County regarding: 1. The local plan for Expedited Permanency Planing between Weld County and the 19th Judicial District. 2. Weld County's compliance with the Child Welfare Settlement Agreement between the Colorado Department of Human Services and the Colorado Lawyer's Committee. 3. Weld County compliance with the out-of-home placement allocations and associated requirements of C.R.S. § 26-5-101, et. seq. 4. Weld County's Family Preservation Program with Core Services and Family Support Program. 5. The effectiveness of programs within Weld County which are designed to prevent or reduce placement. C. Function as the "family preservation commission" for Weld County, as referred to in C.R.S. § 26-5.5-106(1), and comply with the review and reporting requirements of C.R.S. § 26-5.5-106(2). 2.904.2 Structure of the Weld County Families, Youth, and Children Commission Adm/manss49.jag Social Services Division Policies and Procedures Revised 3/29/99 A. The FYC Commission consists of sixteen members whose membership is described in its ByLaws. B. The FYC Commission functions throughlour committees as follows: 1. Executive Committee 2. Program Effectiveness and Outcomes 3. Family Support 4. Collaboration and Innovation C. The Resources Services Unit Manager has the responsibility of managing the FYC Commission and providing overall staff support. Adm/manss49.jag Social Services Division Policies and Procedures 2.905 Citizen Review Panel Procedures and Conflict Resolution Process Revised 3/29/99 On January 5, 1998, the Board of County Commissioners adopted Citizen Review Panel Procedures and Conflict Resolution Process concerning the conduct of Department personnel in performing their duties pursuant to Article 3 of the Colorado Children's Code. Enabling authority for the Citizen Review Panel and Conflict Resolution Process is found in Article 3, Part 2, Section 19 of Title 19 of the Colorado Revised Statutes, C.R.S. § 19-3-211 ("Colorado Children's Code"). Further authority is found at 12 C.C.R. 2509-5, §7.400.7. 2305.1 Definitions Revised 3/29/99 Definitions are provided in the Board of County Commissioners adopted procedures and process. A limited number of these definitions are included in this section for purposes of clarity as follows: A. Administrative Liaison: means an employee of the Department who has been appointed by the Director for the purpose of assisting the Citizen Review Panel in coordinating and completing its duties pursuant to the procedures and process adopted by the Board of County Commissioners. B. Citizen Review Panel: means an advisory body appointed by the Board to hear and make recommendations concerning grievances filed concerning the conduct of Department employees in performing their duties under Article 3 of the Colorado Children's Code. C. Conduct of an Employee of the Department: means behaviors or actions that are contrary to state or federal law or regulation, or are dangerous, malicious, or negligent to/toward the well-being of the Complainant or child(ren) who are involved in a dependency or neglect case. The term does not include conduct a prudent, reasonable professional would utilize in similar circumstances of an investigation or case management. D. Complainant: means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against the Department in accordance with C.R.S. § 19-3-211. Adm\manss 16.jag Social Services Division Policies and Procedures E. Grievance: means a complaint filed concerning the conduct of Department employees in performing their duties under Article 3 of the Colorado Children's Code. The term does not include complaints regarding actions by the courts, attorneys, law enforcement officials, employees of the State of Colorado, foster parents or other providers of services to children, or other family members. F. Recommendation: means a proposed course of action that may be implemented by the Director to resolve a grievance. These proposed actions may include recommendations for case reassignment, personnel training, and disciplinary action against the Subject Employees. If any disciplinary action is initiated against the Subject Employees as a result of the Panel's recommendations, he or she is entitled to all applicable safeguards, including procedural rights of appeal, afforded under the Weld County Personnel Policies Handbook. G. Subject Employee: means an employee of the Department whose conduct is subject of a grievance. 2.905.2 Access to Citizen Review Panel Procedures and Conflict Resolution Process Revised 3/29/99 A. The Director has appointed the Department's Personnel Officer as the Administrative Liaison. The Administrative Liaison will have on file the copy of the Board of County Commissioner's adopted policy and process. B. Department employees may request a copy of such adopted policy and process through the Administrative Liaison. Adm\manssl6.jag Hello