HomeMy WebLinkAbout20181586.tiffRESOLUTION
RE: APPROVE ADDITIONS TO SECTIONS 2.000 CHILD WELFARE, 5.000 GENERAL
ASSISTANCE, AND 7.000 CHILD SUPPORT OF THE DEPARTMENT OF HUMAN
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 Board has been presented with the Additions to Sections 2.000, Child
Welfare, 5.000 General Assistance, and 7.000 Child Support, of the Department of Human
Services Operations Manual, and
WHEREAS, after review, the Board deems it advisable to approve said additions, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Additions to Sections 2.000 Child Welfare, 5.000 General Assistance,
and 7.000 Child Support, of the Department of Human 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 16th day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELQ COUNTY, COLORADO
ATTEST: ditAA) •eii
Weld County Clerk to the Board
BY:
APP
Deputy Clerk to the B
ounty Attorney
Date of signature: d6'o?7-I8
Steve Moreno, Chai
Mike Freeman
ie A. Cozad
cc: f/SO, c -A KM)
o7 -05-I
2018-1586
HR0089
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: April 16, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services' Policies and
Guidelines Manual Additions
Please review and indicate if you would like a work session prior to placing this item on the Board's agenda.
Request Board Approval of the Department of Human Services' Policies and Guidelines Manual
Additions. These policies were developed to reflect current processes or further define the Department's
activities and responsibilities. The policies were developed by involved Department staff and were provided to
Legal for review and comments. Esther Gesick has reviewed and provided editorial input.
• 2.3.100 -- Child Welfare Foster Parent Mentorship Program (New)
This policy provides guidance for the Foster Parent Mentorship Program, which utilizes the knowledge
and expertise of experienced foster parents to support and guide newly certified foster parents. The
Policy includes selection criteria for mentors, application process, selection, training duties, supervision,
incentives and expected outcomes.
• 5.1.10 -- Waiver of Administrative Disqualification Hearing (New)
This policy provides guidance to investigators regarding how and when to offer a waiver of hearing to
an individual suspected of having committed an intentional program violation regarding application for
or receipt of public assistance benefits, including food assistance, Colorado Works, and child care
assistance.
• 5.1.50 — Distribution of Monetary Funds to Clients (NewI
This policy provides a formal process for requesting funds to assist individuals and families in Weld
County with basic needs. It establishes the Human Services Funds Distribution Group, to receive,
process, and approve requests for assistance. It provides guidance to Department employees regarding
the procedure for requesting funds, and to the Funds Distribution Group in processing the requests.
Pass -Around Memorandum; April 16, 2018 —Not in CMS
2018-1586
5/lcp
HROO 1
PRIVILEGED AND CONFIDEN'T'IAL
• 7. 1.10 .10 — Good Cause (New)
This policy provides the procedure for determining whether a Colorado Works or Colorado Child Care
Assistance Program recipient has good cause for refusal to cooperate with Child Support Services. It
provides reasons for good cause, and establishes the Good Cause Review Team, to recommend whether
there should be a finding of good cause.
I do not recommend a Work Session. I recommend approval of adding these policies to the Department Policy
and Guidelines Manual.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Approve
Recommendation Work Session
Schedule
Other/Comments:
Pass -Around Memorandum; April 16, 2018 —Not in CMS Page 2
Department of Human Services Policies and Guidelines
CHAPTER 2 — Child Welfare
ARTICLE III — Foster/Kinship
Sec. 2.3.100. — Foster Parent Mentorship Program
A. Purpose
The Foster Parent Mentorship Program was developed to effectively support and retrain our
newly certified foster parents. This program is intended to utilize the knowledge and
expertise of experienced Foster Parents to support and guide newly certified Foster Parents.
B. Process
Each newly certified Foster Parent will be paired with a trained mentor upon issuance of their
certification, or during their first placement, as follows:
1. The mentor and mentee will be matched based on similarities and location between both
parties.
2. A mentor may be assigned to a mentee for, up to twelve (12) months of active foster
parenting.
3. During the 12 -month period, the mentor will meet in person monthly with the mentee and
have communication via phone and email, as needed.
4. Assigned communication topics may be discussed to ensure the mentee receives adequate
knowledge in all areas of fostering.
C. Expected Outcomes
Expected outcomes of the mentorship program include:
1. Increased retention with new foster families;
2. Increased placement stability for children;
3. Increased understanding of the roles of child welfare professionals and the ability to
build effective partnerships with these team members;
4. An understanding of the major components of the Child Welfare systems;
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5. Giving newly certified Foster Parents the opportunity to benefit from hands-on training
and support;
6. Better care and resources through education of our foster families;
7, Increased foster parent participation in recruitment activities in the community; and
8. Increased networking and support among foster families.
D. Role of a Mentor
Mentors must not engage in any activity that may interfere with an active investigation
involving a foster family. A mentor must not intercede on behalf of any family for which
mentoring services are being provided. The role of a mentor is as follows:
1. Provide guidance and support to their new foster family, including contact upon
placement of new children and assist in advocating for specific needs
a) See Exhibit C — Mentor Contact Notes
2. Assist the mentee in working with the biological parents consistent with the case plan and
permanency goal;
3. Offer support during transitions (grief and loss);
4. Teach the family to advocate for themselves and provide support during the advocacy
process; and
5. Model and coach supportive communication and positive working relationships between
foster parents, case management and others within the team.
E. Duties of a Mentor
1. Establish a personal, working relationship with mentee;
2. Attend training prior to being assigned a mentee. Training will be facilitated by Foster
Care staff;
3. Physically meet with the mentee in an agreed upon location;
4. Contact the new foster family to begin coaching and mentoring upon certification;
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Department of Human Services Policies and Guidelines
5. Contact the mentee following their first placement:
a. Within the first three days of first placement; and
b. Weekly, with a minimum of three face-to-face contacts within the first thirty (30)
days.
6. Assist mentee in positively navigating the Child Welfare system;
7. Report any safety concerns that arise to their assigned Foster Care Coordinator
immediately;
8, Keep notes of meetings with mentee; and
9. During mentor sessions, mentors may do one and/or any of the following:
a. Provide immediate support for the mentee;
b. Provide coping strategies for the mentee as needed;
c. Provide information on services and other resources for the family;
d. Serve as a respite option for mentee (If the mentor has a respite contract with the
County);
e. Attend support groups and Roundtable meetings, when able, with mentee;
f. Provide support for the mentee with regards to working with members of the
professional team; and/or
g. Celebrate with mentee as they achieve goals and overcome obstacles.
F. Role of a Mentee
1. Be open to mentor's advice and expertise;
2. Willingly share concerns and questions as they arise;
3. Provide feedback to the agency about the mentors and your experience; and
a) See Exhibit B — Mentor Feedback Survey
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Department of Human Services Policies and Guidelines
4. Be willing to attend area support groups, trainings and Foster Parent events throughout
the year.
G. Supervision of Mentor Families
1. The Foster Care Coordinator(s) will check in with the mentor and mentee bi-monthly to
review staff progress and mentor contact notes;
2. Report any progress or areas of concern during the Foster Care Team Meetings; and
3. At the end of the program, mentor and mentee will meet individually with the Foster Care
Supervisor to review successes and outcomes,
a) The Foster Care Supervisor will produce a written summary that will be shared with
the Resource Manager and Child Welfare Director.
H. Application Process
A Foster Parent may be identified by a Foster Care Coordinator or a caseworker as a good
candidate to become a mentor and will be contacted by the Foster Care Coordinator. A
Foster Parent can also self -refer to their Foster Care Coordinator.
1. The Foster Care Coordinator will explain the mentoring program to the Foster Parent and
ask that they complete the application form.
a) See Exhibit A — Foster Parent Mentor Application
2. The Foster Care Coordinator will then interview the Foster Parent to determine if they are
a good fit for the mentoring program and that they possess all the required qualities
outlined in this document.
3. All the obtained information will be forwarded to the Resource Manager and Child
Welfare Director for final approval.
I. Selection of a Foster Parent Mentor
Prospective mentors must have a recommendation from the Foster Care Coordinator or Child
Welfare caseworker, or be self -referred. A mentor must be willing to meet with the mentee
via phone and monthly face-to-face contact. The Resource Manager and the Child Welfare
Director will approve mentor recommendations. Foster Parent Mentors must:
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Department of Human Services Policies and Guidelines
I. Demonstrate the ability to maintain stable placements for children in their care.
a) Stable placement will be evaluated by prior foster care placements and their
reunification or permanency outcomes, as well as, efforts made by foster parents to
promote permanency;
2. Demonstrate the ability to appropriately advocate for the needs of children in care;
3. Demonstrate the ability to engage with the biological parent(s) when appropriate;
4. Demonstrate an understanding of the Child Welfare System;
5. Display a positive attitude and enthusiasm for promoting partnership with the
Department;
6. Possess strong communication, interpersonal, and problem -solving skills, and have
experience with hardships;
7. Possess a semi -flexible time schedule;
8. Have at least one (1) year of foster care experience and, at a minimum, five placements;
9. Will not have had any corrective actions, or be on a County disciplinary action plan;
10. Demonstrate the ability to work well within a professional team;
11. Demonstrate the ability to meet all five (5) PRIDE competencies, which include:
a) Foster and adoptive parents need to know how to best help a child to feel safe and
nurtured.
b) Foster and adoptive parents need to know how to work to best meet a child's needs
and how to help a child overcome developmental delays.
c) Foster parents need to know how to help children build relationships with their birth
family.
d) Foster parents need to know how to help children build other connections that will
sustain them through life.
e) Foster and adoptive parents need to understand how to be a part of a team that has the
goal of helping children and families.
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Department of Human Services Policies and Guidelines
J. Training Objectives
The Foster Care Coordinators will facilitate training for mentors who qualify for the Mentor
Training Program. Mentors will be required to attend a four (4) -hour training program, or
more, depending on the base knowledge of the mentor. The Foster Care Coordinator,
Resource Manager and Child Welfare Director will perform individual reviews to determine
the base knowledge of the mentor and additional training requirements needed.
1. Expectations of the Foster Parent Mentor Program and Mentor:
a) The mentor will build trust with the mentee by modeling positive behaviors and will
be dependable, engaging, authentic and reliable to the needs of the mentee;
b) The mentor will demonstrate the ability to explain and process the five PRIDE Core
Competencies; and
c) The mentor will understand and discuss the importance of boundaries in the helping
process.
2. Roles and Responsibilities of those involved in the Foster Parent Mentorship Program:
a) Foster Care Coordinator;
b) Foster Care Supervisor;
c) Kinship Coordinator;
d) Caseworker for child and family;
e) Parent Education Center;
f) Guardian ad Litem, (GAL);
g) Foster Parents(s); and
h) Other professionals in the case.
3. Team decision making and Family Team Meeting process;
4. How to support the mentee and connect them to community supportive services;
5. Locate State and local resources available to foster parents;
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Department of Human Services Policies and Guidelines
6. Locate support groups and contact information designed to offer support and guidance to
foster parents;
7. Identify information on trainings that are available and applicable to the specific needs
and behaviors of the mentee and the youth they care for;
8. Professional boundaries in the fostering process;
9. Leadership skills;
10. Barriers and challenges to be an effective and patient mentor;
11, Document the care and support given to the foster child/youth; and
12. Other areas of need from a mentee that are specific to the child, will be addressed as they
arise and communicated to the Foster Care Coordinator and the caseworker.
K. Mentor Family Incentives
1. The mentor will receive a minimum of four. (4) training hours for completing the Mentor
Training Program.
2. The mentor may receive additional training hours per month based on the curriculum
content being reviewed with the mentee,
a) The State may allow specific content including, but not limited to: teen parenting and
adoption. The Foster Care Coordinator and Resource Manager must approve any
curriculum or training materials prior to use.
3. The mentor may receive reimbursement for trainings up to $75.00 per certification year.
4. The mentor will receive an additional 16 hours of respite per month for mentoring a
foster parent.
5, The respite contract must be renewed prior to hours being submitted.
6. The mentor will be recognized at the annual Weld Hope Event.
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Exhibit A
Foster Parent Mentor Program
Mentor Application
Name:
Address:
Telephone Number:
Email Address:
Foster Care Coordinator:
1. What do you enjoy the most about being a Foster Parent?
2. How many children are currently placed in your home and what are their ages?
3. What do you believe has contributed to your success as a foster parent?
4. What are your positive experiences related to foster care?
5. How much time do you have available that you could provide each month to mentor
new Foster Parents and attend periodic trainings?
6. Why do you want to be a foster parent mentor? Why do you believe that you will be a
good mentor for other foster parents?
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7. What information do you believe may have been useful to you as a new foster parent
that a mentor could potentially provide?
8. What has been the best part of working with bio-family?
9. How did you handle dealing with a difficult parent or family member?
10. How many children have you helped reunify with parents or family?
11. How has the team approach helped you care for a foster child?
12. How did you handle a child returning home when you did not necessarily agree they
were ready to return home?
Signature Date
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Exhibit B
Weld County Department of Human Services
Foster Parent Mentor Program
Feedback Survey
Foster Parent Information:
Name:
Address:
Telephone:
Email:
Mentor Information:
Name of Mentor:
Telephone/Email:
1. How long did you have a foster parent mentor?
2. Was the program explained to you so that you felt you understood it clearly and how a
mentor would support your family?
3. Did your foster parent mentor support and assist you with your questions, issues,
needs? If yes, how was this done? If no, how were your needs not met?
4. Was the foster parent mentor available at critical times when you felt you needed
support/guidance?
5. Were you comfortable discussing areas of concern with your mentor?
6. Did you believe that your mentor was responsive to your needs?
7. What recommendations would you make to improve the Foster Parent Mentor
Program?
8. After having experienced the Foster Parent Mentor Program, would you ever consider
serving as a mentor?
Exhibit C
Foster Parent Mentors Contact Notes
Foster Family's Name:
Foster Parent Mentor:
Type of Contact:
El
In Person Visit
Phone Call
Email
Other
Date of Contact:
Notes:
Department of Human Services Policies and Guidelines
CHAPTER 5 — General Assistance
ARTICLE I — General Provisions
Sec. 5.1.50. — Approval and Distribution of All Monetary Funds Issued to Clients
A. Purpose
To provide Weld County Department of Human Services (WCDHS) employees with a
formal process for requesting funds to assist individuals and families of Weld County. The
approval and distribution of monetary funds may help resolve issues that threaten basic
health, welfare, and/or safety needs (such as food, clothing, shelter, utilities, and other
necessities) and/or connect the people of Weld County with resources needed to feel safe,
empowered, and to thrive in the community. The distribution of funds is dependent on
availability of funds and must be cost effective and temporary.
B. Process
1. Funds are approved and distributed only if the issue(s) cannot be resolved by using
alternative income, supports, and/or resources for ALL household members.
2. Transportation needs (calculated at $5.00 a day) are excluded from the application and
distribution process, UNLESS the request exceeds $130.00 a month.
3. An application/request form must be completed for each service/vendor and reviewed with
the employee's manager/supervisor.
a) The signed form and any/all supporting documentation (i.e. notices, lease agreements,
bills, estimates) will be forwarded to the Human Services Funds Distribution group
(HSFD) HS-HumanServicesFundsDistribution@a co.weld.co.us for review.
b) The review may include follow up communication with the employee and/or the
immediate supervisor.
4. Customer/client information contained in applications and requests for funding is
restricted to the specific purpose of the review for approval and distribution of monetary
funds.
a) Customer/client information shared for this purpose cannot be used for any other
eligibility determination, and inter -department confidentiality must also be
maintained regarding an applicant's status, which includes communication between
program areas and employees.
5. The HSFD group is bound by the same confidentiality rules as Child Welfare staff (refer
to Department Confidential Information Sharing Policy).
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C. Funding Sources and Requirements
1. The Adult Protective Services (APS) Emergency Fund is State funded and County
administered to help older adults and adults with disabilities maintain safety, health, and
independence.
a) Individuals receiving funding must have an open case with Area Agency on Aging
(AAA). Funding can be used to address health/safety issues or concerns that interrupt
essential services.
2. Community Service Block Grant (CSBG) is a federally funded program intended to keep
families economically stable.
a) Lease/rental deposits cannot be paid through CSBG, and the funding is not available
for undocumented families.
b) Individuals/families must adhere to federally established poverty guidelines.
3. Assistance for Needy Families (TANF) provides temporary financial assistance for
pregnant women and families with one or more dependent children.
a) TANF funding can be used to help pay for food, shelter, utilities, and expenses other
than medical.
b) Applicants must be United States citizens or meet immigration requirements.
c) Eligible TANF recipients, per County policy, will receive incentive payments for
successfully meeting work participation rates, obtaining employment, and
maintaining unsubsidized employment for one (1) month, two (2) months, three (3)
months, six (6) months, nine (9) months, and receive the final incentive at twelve (12)
months.
4. Temporary Assistance for Needy Families (TANF) provides kinship caregivers with a
monthly cash benefit.
a) Kinship families receiving kinship TANF may be eligible to receive additional
supportive services up to $750.00 per child in a calendar year.
b) These funds can be used to stabilize a family, assist with a one-time emergency, or
provide additional child -specific support (i.e. clothing, school supplies, activity fees,
etc.).
5. Title IV -E waiver funds are available for kinship support (including non -child welfare
kin).
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6. Special Economic Assistance (SEA) can be used to provide assistance to undocumented
families, and may be available to child welfare cases (CORE).
7. Recommendations for referrals to community -based services, supports, and programs
(i.e. United Way/Weld 2-1-1 and Catholic Charities) can also be made after reviewing
requests for funding.
D. Requests
Employees will follow established program area rules/standards and staff the need for
funding with their supervisor/manager. The appropriate application/request form will be
completed, as established by their program area, and will include the following supporting
information and documents, IF APPLICABLE AND PER PROGRAM RULES:
1. The appropriate application/request form for funding completed in full;
2. Citizenship/immigration status and proof of Weld County residence/jurisdiction;
3. Proof of eligibility (i.e. diversion, supportive services, or incentive dollars) as required by
specific Divisions and/or program areas;
4. Proof of income;
5. Copies of any/all bills, invoices, notices, estimates;
6. Documentation of ALL efforts to explore alternative means to address the issue (i.e.
https://www.unitedway-weld.org/211). Information must include the individual's and/or
family's ability to cover any costs associated with the request;
7. A plan/budget developed with the individual/family for becoming self-sufficient;
8. The individual's and/or family's program compliance documentation including, but not
limited to: treatment plans, Individual Employment Plans (IEPs), Individual Service
Strategies (ISSs), learning lab; and
9. Any/all agreements or communication with the individual/family regarding the request,
including, but not limited to: recommendations from Family Team meetings (FTMs),
Team Decision Meetings (TDMs), agency/program staffing, and court hearings.
10. The approved application/request form and supporting information documents will be
emailed to the HSFD email group (HS-
HumanServicesFundsDistribution a@co.weld.co.us) with the family name in the subject
line.
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11. If a request for funds requires immediate attention to prevent harm or injury,
"EMERGENCY" will also be included in the subject line.
a) ONLY the supervisor/manager will submit an emergency request following a review
for funding with the employee.
E. Review of Requests
Representatives from ALL divisions and program areas within WCDHS will participate in
the HSFD group and will review monetary requests. Reviews for funding will be
documented and a record of all requests maintained, which will be available to all
representatives. A reminder, including the requests to be reviewed, will be sent to the
representatives prior to the formal review.
1. Completed requests (including supporting documentation as needed), received through
HS-HumanServicesFundsDistribution@co.weld.co.us, are reviewed within five (5)
business days. Emails with "EMERGENCY" included in the subject line will be
reviewed within two (2) business days.
2. Responses to a request will be returned within one (1) day after being reviewed.
3. A recordssearch will be completed to determine if the individual/family is receiving any
public assistance (CORE, TANF, Food Stamps) and/or to determine if child support has
been or should be assessed.
4. Program eligibility will be verified, as well as, the family's/individual's cooperation and
compliance.
5. The individual's/family's budget will be reviewed to determine if their plan is sustainable
and whether they could become self-sufficient (per program area rules).
6. Approval/distribution of funds is dependent on availability; limits (caps) on funds
distribution are established by state/federal guidelines and WCDHS divisions/program
areas.
7. Approved funds are distributed by the business office to qualified vendors and added to
electronic benefit transfer (EBT) cards, passes, or gift cards.
8. The Division Head, Deputy Director, and/or Director may authorize
exceptions/adjustments on a case -by -case basis, when necessary, to support the safety,
welfare and or permanency of the individual and/or family.
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F. Communication and Documentation
The employee submitting the funds request is responsible for notifying the individual/family
of the status of the request (recommendations, agreements, limitations of service) and
documenting the communication.
G. Appeal Process
Recommendations can be appealed to the Division Head and Deputy Director, in writing, and
should include a summary of the circumstances, application and information submitted, and
any situations/events not addressed during the review. Changes to the initial request require
a new application.
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Department of Human Services Policies and Guidelines
CHAPTER 5 — General Assistance
ARTICLE I — General Provisions
Sec. 5.1.10. - Waiver of an Administrative Disqualification Hearing
A. Purpose and Introduction
The Waiver of an Administrative Disqualification Hearing (waiver) Policy is to provide clear
expectations to investigators regarding how and when an investigator may offer a waiver to
an individual suspected of having committed an intentional program violation regarding their
application for and/or receipt of public assistance benefits. The waiver process will be
applicable to any Weld County Department of Human Services (WCDHS) public assistance
program that allows for the imposition of a disqualification penalty for having committed an
intentional program violation for the sake of consistency and uniformity. The WCDHS
investigators in the Organizational Integrity and Assistance Payments Divisions will review
and adhere to the provisions contained within this policy.
1. Programs involved:
a) Food Assistance
b) Colorado Works
c) Child Care Assistance Program
2. Forms referenced:
a) Statement
b) Request for Waiver of Administrative Disqualification Hearing (state form FA -31A)
c) Waiver of Administrative Disqualification Hearing (state form FA -31 B)
d) Rights of Individuals (state form FA -31C)
e) Transmittal memo for incomplete investigation with a signed waiver
f) Request for completion of public assistance claim(s)
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B. Background Research and Investigative Interviews
The background research and investigative interviews are used for fact-finding and
developing information. During this stage, the investigator compiles a more accurate
depiction of the household's actual circumstances for the time frames at issue.
1. Research -development and fact-finding may be achieved through a home visit,
interviewing relevant collateral contacts or an in -person interview at the office.
a. The investigator completes this process to more fully address the steps that are
required to occur prior to offering a waiver of an administrative disqualification
hearing.
2. Casefile Review and Determination of Potential Disposition
Prior to a waiver being offered to an individual under investigation for misreporting the
household's true and actual circumstances (hereinafter referred to as the "suspected
individual," unless context requires otherwise), the investigator is required to coordinate
a case review with any of the following circumstances:
a) For cases being worked by an Early Intervention Investigation Unit ("EIIU")
investigator, to the Assistance Payments Operations Manager; or
b) For cases being worked by an Ongoing Investigation Unit ("OINV") investigator, to
the Investigations Supervisor.
c) The Assistance Payments Operations Manager and the Ongoing Investigations Unit
Supervisor are hereinafter collectively referred to as "Supervisor," unless context
requires otherwise.
i. If either unit's Supervisor is unavailable, the opposite unit's Supervisor will
provide back-up. Multiple scheduling conflicts or excessive use of the back-up
plan will be addressed on an ongoing basis.
d) The Supervisor will provide the investigator with a case review response within five
(5) business days from the date the investigator submits the request to the Supervisor.
e) At the case review, the Supervisor will review the evidence the investigator has
already compiled during the course and scope of their investigation. The Supervisor
will review the information and will decide whether the compiled evidence meets the
threshold of "clear and convincing" evidence and whether WCDHS will proceed with
an administrative disqualification hearing, if the suspected individual chooses not to
waive their right to the hearing.
i. Clear and convincing evidence means the evidence is stronger than a
preponderance of the evidence and is unmistakable and free from serious or
substantial doubt.
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f) At the time of the case review, the Supervisor will also review the casefile to
determine if the case either preliminarily or could ultimately meet the threshold for
referral to the District Attorney for potential filing of criminal felony charges.
g)
The Supervisor is to detail the various burdens of proof for the administrative
proceeding (clear and convincing evidence) vs. criminal actions (beyond a reasonable
doubt).
The facts of the case may require the creation of a $30,000 claim. However, the
facts may not warrant referral to the District Attorney for the potential filing of
criminal felony theft charges, for a variety of reasons, including, but not limited
to: whether the individual knew right from wrong, and potential extenuating
circumstances, such as: mental capacity, language barriers, and/or
situational/domestic violence.
ii. Refer to the policy titled, "Referral to District Attorney" for more detailed
information.
h) If the case is appropriate for referral to the District Attorney, the investigator may still
conduct their investigative interview with the suspected individual; however, the
investigator will not discuss or offer the waiver to the suspected individual at the
investigative interview.
i. The request for a waiver letter is not relevant or applicable for cases identified to
be potentially appropriate for referral to the District Attorney.
i) If the waiver is discussed or offered to the suspected individual at any point during
the investigation, then the case is no longer appropriate for referral to the District
Attorney for potential filing of criminal charges, regardless of the ultimate claim
amount or time period of the misrepresentations.
i. This is to prevent any hint of purported duress or coercion in making the
suspected individual sign the waiver (i.e., "if you do not sign this waiver right
now, then I will be referring it for criminal felony charges").
C. Creation of Request for Waiver Form (FA -31A)
1. If the Supervisor determines the evidence already contained in the investigation casefile
does not warrant the potential filing of criminal charges, but does meet the clear and
convincing evidence standard, and WCDHS could proceed with initiating an
administrative disqualification hearing for the alleged intentional program violation, the
Supervisor will generate and sign the request for waiver.
a) The Supervisor will route the signed request for waiver to the investigator.
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Department of Human Services Policies and Guidelines
b) The investigator will date the request for waiver form with the date the investigator
meets with the suspected individual.
2. If the interview with the suspected individual does not occur, or the investigator chooses
not to offer the waiver to the suspected individual based upon the information discovered
during the investigative interview, then the request for waiver will not trigger any related
deadlines or subsequent processes. If the waiver is not offered, the investigator will:
a) Clearly indicate on the request for waiver that the document was not provided to the
suspected individual at the investigative interview; however, the investigator will
retain the copy of the request for waiver in the investigative casefile to document the
case review had already occurred prior to the potential offering of the waiver.
b) Continue the investigation through completion and if the investigator still feels the
suspected individual committed an intentional program violation and has sufficient
evidence to clearly and convincingly prove the intentional program violation was
committed, the casefile information will be forwarded to the Program Integrity Unit.
c) The Program Integrity Unit will initiate the noticing required for an administrative
disqualification in compliance with that unit's policies.
d) Initiate contact with the suspected individual within two (2) business days from the
date the Supervisor provides the casefile review response.
D. Interview with Suspected Individual and Development of Statement
The suspected individual will be contacted through an in -office or home visit interview and
the investigator will obtain facts and information relevant to the investigation. Depending
upon the location of the interview, it will either be video or audio -recorded (or both).
1. Developing a Statement of Facts
During the investigative interview, the investigator will develop a statement to
summarize the facts and information discussed at the interview.
a) The investigator will review the statement and will request the suspected individual
make any revisions to the document regarding wording or content of the statement,
with which they don't agree.
b) Once finalized, the investigator will request that the suspected individual sign the
statement.
c) If the suspected individual refuses or declines to sign the statement at the interview,
the investigator will indicate "declined to sign" on the statement.
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d) The investigator will retain the statement within the investigative casefile and will
provide a photocopy of the statement to the suspected individual.
e) If the statement was created because of a home visit and the investigator does not
have the ability to provide a photocopy of the statement, the investigator will offer to
either email, mail or fax a copy of the signed statement to the suspected individual.
i. The investigator will attempt to confirm the suspected individual's preferred
manner of communication, as well as the telephone number, mailing address,
email address and/or fax number.
E. Decision to Offer Waiver
1. Review of Request for Waiver (FA -31A) and Client Rights (FA -31C)
If, during the investigative interview and after developing the statement, the investigator
decides that the timing of the offering of the waiver of the administrative disqualification
hearing is appropriate, the request for waiver (FA -31A) and the rights of individuals (FA -
31 C) will be reviewed with the suspected individual.
a) The rights of individuals contain the contact information for the Colorado Legal
Services.
b) The investigator may choose to request that the suspected individual initial each
section or sign either of the documents. However, no less credence or weight of
validity will be assessed against any request for waiver or rights of individuals, if the
individual does not sign or initial the documents.
c) The investigator will place a copy of the request for waiver and rights of individuals
into the investigative casefile.
2. Review of Waiver of Administrative Disqualification Hearing (FA -31B)
After reviewing the request for waiver and the rights of individuals, the investigator will
review the waiver (FA -31B) with the suspected individual.
a) When reviewing the waiver, the investigator will reiterate that signing the form is
voluntary.
b) If, in the opinion of the investigator, the suspected individual expresses any
reluctance or hesitation to sign the waiver, they will be encouraged to take the waiver
with them for further reflection and determine whether they want to sign it or not.
c) The investigator will also explain how the suspected individual may return the signed
document (e.g., the secured drop box in the lobby) and will also provide a postage -
paid envelope.
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Department of Human Services Policies and Guidelines
d) If a suspected individual subsequently claims they were "coerced" or "bullied" into
signing the waiver, the Department Integrity & Appeals Group Manager will retain
the final determination as to whether there was any hesitation or reluctance by the
individual.
e) The determination of reluctance or hesitation will be accomplished through the
review of the video and/or audio recording.
f) If either the video or audio recording is not available or it is of poor quality, that does
not allow a thorough review of the interview, then the waiver will be withdrawn and
the disqualification (if already entered into the appropriate benefits management
system) will be reversed.
g)
If the waiver is withdrawn and the disqualification is reversed, WCDHS may choose
to reinitiate the administrative disqualification hearing process.
F. Processing Signed Waiver and Completion of the Investigation
If the suspected individual chooses to sign the waiver, the investigator will retain the original
document and will provide a photocopy of the signed waiver to the suspected individual.
1. If the waiver was signed during a home visit and the investigator does not have the ability
to provide a photocopy of the waiver, the investigator will offer to email, mail or fax a
copy of the signedwaiver, for the suspected individual to retain.
a) The investigator will attempt to confirm the suspected individual's preferred manner
of communication, as well as the telephone number, mailing address, email address
and/or fax number.
2. After concluding the investigative interview with the suspected individual who chose to
sign the waiver, the investigator will route the original signed request for waiver, a copy
of the rights of individuals and a copy of the statement (if applicable), to the Program
Integrity Unit within one (1) business day of the date the waiver was signed.
a) If the investigation is not yet officially complete, the investigator will utilize the
transmittal memo provided by the Program Integrity Unit.
b) The transmittal memo provides the demographic and case -specific information
required to finalize the disqualification process.
3. Once the investigator provides the waiver documents to the Program Integrity Unit, the
Program Integrity Unit will process the disqualification paperwork in compliance with its
policies and procedures.
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4. If the investigation is not officially complete, due to new information obtained during the
investigative interview that does not substantively affect the evidence already contained
in the investigative casefile, the investigator will continue their investigation.
a) The investigation will be complete when sufficient information and evidence to
administratively conclude the matter is obtained.
G. Request for Claim for Over -issuance of Benefits
If the results of the investigation indicate the suspected individual's household received an
over -issuance of benefits due to the misreporting of information, the investigator will
compile the necessary documentation and will submit a request to the Claims Unit.
1. A Fraud and Claims Specialist will review the information and determine the amount(s)
of any claims for all public assistance programs, as applicable.
2. The Claims Unit will complete its processes for creating any claims and will provide a
copy of the completed claims information to the investigator, which will be retained in
the investigative casefile.
3. The investigator will formalize the progression and results of the investigation into an
investigation report.
H. Proceeding with an Administrative Disqualification Hearing
If the suspected individual does not choose to sign the waiver, the investigator will explain
that the Program Integrity Unit will continue with the administrative disqualification hearing
process, as follows:
1. A notice of administrative disqualification hearing will be sent from the Program
Integrity Officer.
2. The investigator will explain that the Program Integrity Officer controls the scheduling of
the administrative disqualification hearing and will attempt to obtain the suspected
individual's most current mailing address for the Program Integrity Unit.
3. The investigator will notify the Program Integrity Unit of the need to schedule a local -
level administrative disqualification hearing.
4. The Program Integrity Unit will follow its policies and procedures for noticing the
suspected individual of the administrative disqualification hearing.
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Department of Human Services Policies and Guidelines
CHAPTER 7 — Child Support
ARTICLE 1 — General Administration
Sec. 7.1.10. — Good Cause
A. Introduction
A good cause consideration is for an interested party who is requesting an exemption from
mandatory cooperation with Child Support Services due to the potential physical or
emotional harm to the party or a child if Child Support Services were to ensue for the child.
B. Child Support Cooperation and Good Cause Considerations
1. Colorado Works (CW) recipients are required to cooperate with Child Support Services
(CSS) as a condition of eligibility (see Volume 3, 3.604.2).
2. As a county option, Weld County Colorado Child Care Assistance Program (CCCAP)
recipients are required to apply for, and cooperate with, CSS as a condition of eligibility
(see Volume 3, 3.905.1).
3. Failure to cooperate with CSS at application and/or any time while receiving CCCAP or
CW basic cash assistance will result in the termination or discontinuation of CCCAP or a
basic cash assistance grant unless Good Cause has been determined.
4. When Good Cause is requested from a CCCAP recipient, benefits will be extended until
a Good Cause determination is complete.
C. Reasons for Good Cause
A determination of whether Good Cause is appropriate for the client shall include, but will
not be limited to:
1. Potential physical or emotional harm to a child(ren);
2. Potential physical or emotional harm to a parent or caretaker relative;
3. Pregnancy or birth of a child related to incest or forcible rape;
4. Legal adoption before court or a parent receiving pre -adoption services;
5. Other reasons documented by the county department;
6. Reasons considered to be in the best interest of the child; and/or
7. Other court order.
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ii. The Director will provide a written decision to the CSS Division Head, who will,
in turn, provide the results to the AP CW Supervisor within two (2) business days.
The AP Supervisor will ensure the decision is processed into CBMS or CHATS
within two (2) business days.
iii. The AP Supervisor will ensure that the client is contacted (preferably via
telephone) with the Director's decision within the same two (2) business days of
processing into Colorado Benefits Management System (CBMS) or CHATS.
E. Good Cause Renewal
Good Cause determinations shall be reviewed every twelve (12) months.
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