HomeMy WebLinkAbout20182266.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPLEMENTATION OF
EVERY STUDENT SUCCEEDS ACT (ESSA) AND AUTHORIZE CHAIR TO SIGN -
WELD COUNTY SCHOOL DISTRICT 6
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 an Intergovernmental Agreement for
Implementation of Every Student Succeeds Act (ESSA) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and Weld County School District 6, commencing May 1, 2018,
and ending April 30, 2019, with further terms and conditions being as stated in said
intergovernmental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
agreement, 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, that the Intergovernmental Agreement for Implementation of Every Student
Succeeds Act (ESSA) between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Human Services, and
Weld County School District 6, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said intergovernmental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2018, nunc pro tunc May 1, 2018.
ATTEST: dit444) jejui; ei
Weld County Clerk to the Board
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Date of signature: 4e9
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Moreno, Chair
P. Conway
CUSED
ulie A. Cozad
Mike Freeman
CC: HSO
di -16-12
2018-2266
HR0089
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: June 12, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Intergovernmental Agreement for Implementation
of Every Student Succeeds Act (ESSA) with Weld
County School District 6
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's Intergovernmental Agreement for
Implementation of Every Student Succeeds Act (ESSA) with Weld County School District
6. Every Student Succeeds Act (ESSA) is a Federal law that permits students in out -of -home
placement at any time during the school year to remain in their school of origin, rather than move
to a different school due to a change in placement.
The Intergovernmental Agreement for Implementation is needed to ensure that there is clear
communication and responsibilities between the Department and the School District such as
notification of meetings and transportation of students.
The Agreement is effective May 1, 2018 through April 30, 2019.
I do not recommend a Work Session. I recommend approval of this Amendment.
Approve Schedule
Recommendation Work Session
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern via tomcat,
Steve Moreno, Chair
itvt
Other/Comments:
2018-2266
NRoac:t"q
Pass -Around Memorandum; June 12, 2018 — ID 1827 Page 1
Karla Ford
From:
Sent:
To:
Subject:
Barbara Kirkmeyer
Tuesday, June 12, 2018 3:00 PM
Karla Ford
Re: PA for Routing (ESSA - CMS 1827) 3 of 4
Approve
Have a great day
On Jun 12, 2018, at 4:55 PM, Karla Ford <kford@weldgov.com> wrote:
Please let me know if you approve recommendation. Thanks!
Karla Ford R
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@.weldgov.com :: www.weldgov.com
My working hours are Monday -Thursday T:00a.m. 4:00 p.m.
Friday T:00a.m. - Noon
<image002.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
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recipient is strictly prohibited.
From: Tobi Vegter
Sent: Tuesday, June 12, 2018 12:24 PM
To: Karla Ford <kford@weldgov.com>
Cc: Barb Connolly <bconnolly@weldsov.com>; Bruce Barker <bbarker@weldgov.com>; Esther Gesick
<egesick@weldgov.com>; HS Contract Management <HS Contract Management@co.weld.co.us>;
Jamie Ulrich <ulrichji@weldgov.com>; Judy Griego <griegoia@weldgov.com>; Lennie Bottorff
<bottorll@weldgov.com>
Subject: PA for Routing (ESSA - CMS 1827)
Karla,
Please see attached PA for related to the Every Student Succeeds Act (ESSA) for review and approval
(CMS 1827).
Thank you.
Regards,
Tobi A. Vegter
Contract and Services Coordinator
Organization Support and Development (O5D)
Weld County Department of Human Services
1
INTERGOVERNMENTAL AGREEMENT FOR IMPLEMENTATION OF EVERY STUDENT
SUCCEEDS ACT (''ESSA")
BETWEEN WELD COUNTY AND WELD COUNTY SCHOOL DISTRICT 6
This Agreement is made and entered into this %day of , 2018, by and
between the COUNTY OF WELD, COLORADO, by and throug the Id County Board of
Commissioners (hereinafter `'Weld County"), and Weld County School District 6 (hereinafter
"School District"). This Agreement is for fiscal year 2018-19.
RECITALS
WHEREAS, ensuring school stability and academic success for students in foster care is
an important joint responsibility of child welfare and education agencies;
WHEREAS, Colorado's students in foster care experience much higher rates of school
mobility and much lower rates of academic achievement than their peers, and less than one out
of three Colorado students in foster care graduates high school on time;
WHEREAS, the Fostering Connections to Success and Increasing Adoptions Act of
2008, (Fostering Connections Act) and the Every Student Succeeds Act (ESSA) require child
welfare agencies and education agencies to collaborate to ensure school stability and school
attendance for all children and youth in foster care;
WHEREAS, the Fostering Connections Act and ESSA require that when a child or youth
in foster care changes living placements, he or she remains in the current school with necessary
transportation provided, or, if this is not in his or her best interest, that the child or youth is
immediately and appropriately enrolled in a new school even without normally required records;
WHEREAS, the Fostering Connections Act allows child welfare agencies to use Title
IV -E funds for reasonable travel to the school of origin for eligible children and youth;
WHEREAS, ESSA allows educational agencies to use Title I funds to pay for costs
needed to transport children and youth in foster care to their school of origin;
WHEREAS, ESSA requires each local educational agency to collaborate with the local
child welfare agency to develop and implement clear written procedures governing how
transportation to maintain children and youth in foster care in their school of origin when in their
best interest will be provided, arranged, and funded for the duration of the time in foster care;
WHEREAS, such transportation must be provided promptly and in a cost-effective
manner and in accordance with section 475(4)(A) of the Social Security Act (42 U.S.C. §
675(4)(A)); and
WHEREAS, ESSA requires each local educational agency to designate a point of
contact if the corresponding child welfare agency notifies it in writing that it has designated a
point of contact;
NOW, THEREFORE, the undersigned Parties do hereby agree to the following:
I. PARTIES
This Agreement is made between the following agencies:
WELD COUNTY DEPARTMENT OF HUMAN SERVICES ("Human Services"),
located at ADDRESS;
and
DISTRICT NAME PUBLIC SCHOOL DISTRICT ("School District"), located at
ADDRESS.
II. TERMS AND EFFECTIVE DATE
A. Effective Date and Term: This Agreement shall become effective on May 1, 2018, and
extend through April 30, 2019.
B. Termination: Each party has the right to terminate this agreement, with or without
cause, upon ninety (90) days written notice. Notwithstanding the preceding sentence, in
the event that the School District fails to appropriate sufficient funds to satisfy its
payment obligations under this Agreement, either party shall have the right to terminate
this Agreement as of the end of the fiscal year in which sufficient funds have been
appropriated and budgeted. In the event that funding is not appropriated in a given year,
the School District agrees to seek the additional funding necessary in subsequent years to
pay the balance of the loan off on schedule. The failure to appropriate funds in any given
year does not relieve the School District of the obligation to pay the loan amount in full.
If the agreement is terminated at any time, the School District obligated to immediately
pay the remaining balance in full.
C. Modifications or Extensions: Any amendments, modifications, or extensions to this
agreement shall be made in writing and signed by all parties.
D. DEFINITIONS
"Additional costs" are costs of transportation that exceed what the LEA would
otherwise pay to transport the student to school if the student were not in foster care.
"Best interest determination" refers to the outcome of a process facilitated by the
Weld County Department of Human Services, in accordance with 12 CCR 2509-4,
7.301.241, to determine whether it is in a child or youth's best interest to remain in the
school or origin or, alternatively, transfer to a new school.
"Caregiver" for purposes of this agreement, refers to any non-professional adult in a
child or youth's life who accepts the responsibility of transporting the child or youth to
school, including but not limited to a foster parent, kinship caregiver, custodial or non-
custodial parent, non custodial kin, older sibling, etc. The term is used broadly to
describe persons who may be reimbursed for their mileage or public transit fares
pursuant to this agreement.
"Child in foster care" includes all school -aged children and youth in foster care
regardless of Title IV -E eligibility, including those attending a public preschool.
"Foster Care" and "Out -of -home placement" shall have the same meaning as defined
by 45 CFR 1355.20, which is "24 -hour substitute care for children placed away from
their parents or guardians and for whom the title IV -E agency has placement and care
responsibility. This includes, but is not limited to, placements in foster family homes,
foster homes of relatives, group homes, emergency shelters, residential facilities, child
care institutions, and preadoptive homes. A child is in foster care in accordance with this
definition regardless of whether the foster care facility is licensed and payments are
made by the State, Tribal or local agency for the care of the child,
whether adoption subsidy payments are being made prior to the finalization of
an adoption, or whether there is Federal matching of any payments that are made."
"Immediate Enrollment" means attending and meaningfully participating in school by
the date designated in the child or youth's best interest determination, in accordance
with 12 CCR 2509-4, 7.301.241(D)(4).
"Local Educational Agency" (LEA) means the local public school district, charter
institute, Colorado school for the deaf and the blind, and/or board of cooperative
education services (BOCES). Individual schools are part of their respective LEAs.
"Out -of -home placement" for purposes of this agreement is interchangeable with
"foster care." See definition of "foster care."
"School of origin" means the school in which the child or youth was enrolled at the
time of initial placement into foster care. If the child or youth's foster care placement
changes, the school of origin is the school in which the child or youth is enrolled at the
time of the placement change. If the child or youth is enrolled in a facility school
(including RCCFs and secure detention facilities) at the time of a placement change to a
less restrictive setting, the school of origin is the last public school the child or youth
attended for at least one complete term/semester prior to entering the facility school OR
another school where the child or youth had a meaningful connection in the past two
years.
E. POINTS OF CONTACT AND DUTIES
a. Human Services Point of Contact
The primary point of contact for purposes of implementing this Agreement is:
Name: Heather Walker
Email: walkerhd@weldgov.com
Phone: (970) 400-6218
By designating this individual as the point of contact, Human Services affirms that he or
she has sufficient authority, capacity, and resources to fulfill the following obligations of
this agreement including:
• Coordinating with the corresponding School District point of contact to implement
this Agreement.
• Participating in the development or revision of a local best interest determination
process that meets the requirements of 12 CCR 7.301.241.
• Notifying the School District point of contact within 2 school days when a child or
youth who already attends school in the School District has been placed in foster
care or when there has been a foster care placement change. If or when a school
move is considered, this notice shall also include a request for participation in the
best interest determination by an individual from the School District who knows
the child or youth. See Appendix B: Notice to School of Origin of Student in Out -
of -Home Placement.
• Notifying the School District point of contact within 1 school day when there has
been a best determination for a student in out -of -home placement that triggers the
need to collaborate on transportation services for the student pursuant to this
agreement. This notice may be an informal email referencing or attaching the
original Notice to School of Origin of Student in Out -of -Home Placement. To
ensure timely and consistent communication, the Human Services point of contact
will send this notice even if a School District had a representative in attendance at
the best interest determination.
• Notifying the School District point of contact within 1 school day when there has
been a best interest determination that child or youth in foster care will transfer into
School District from another local educational agency. See Appendix C: Notice to
Receiving School of Student in Out -of -Home Placement.
• Working with the assigned caseworker and/or family engagement facilitator to
ensure best interest determinations are made and appropriately documented in
accordance with 12 CCR 7.301.241, including that all required participants are
invited to participate in best interest determination meetings. See Appendix A:
Best Interest Determination Form
• Providing professional development and training to Human Services staff on
Fostering Connections and ESSA's provisions; the school stability requirements
of Volume 7 including 12 CCR 7.301.24(D), 7.301.241, and 7.301.242; and this
Agreement.
• Serving as a secondary source, when possible, to provide educational records
from the child welfare case file to a child or youth's new school.
• Coordinating necessary transportation for students as described in this Agreement,
including through development of any Human Services practices necessary to
implement these procedures.
• Participating in good faith in the dispute resolution process outlined in this
Agreement in the event there are disagreements regarding transportation.
b. School District Point of Contact
The primary point of contact for purposes of implementing this Agreement is:
Name: Jesse Tijerina
Email: jtijerinaAgreeleyschools.org
Phone: (970) 348-6252
By designating this individual as the point of contact, the School District affirms that he
or she has sufficient authority, capacity, and resources to fulfill the following obligations
of this agreement including:
■ Coordinating with the corresponding Human Services point of contact to
implement this Agreement.
■ Participating in the development or revision of a local best interest determination
process that meets the requirements of 12 CCR 7.301.241.
■ Ensuring participation in the best interest determination process of an individual
from the School District who knows the child or youth.
■ Documenting best interest determinations and foster care status on behalf of the
School District to the extent required to meet students' educational needs.
■ Developing and implementing a "needs to know basis" protocol to meet the
educational needs of children and youth in foster care while also protecting privacy
of sensitive information.
• Providing professional development and training to School District staff on
ESSA's provisions, this Agreement, and the educational needs of children in
foster care.
• Facilitating the prompt transfer of educational records for children and youth in
foster care who enter or exit a school within School District.
• Facilitating immediate enrollment for children and youth in out -of -home
placement who enter a school within School District.
• Immediately requesting education records from the school of origin for children
and youth in out -of -home placement who enter a school within School District.
■ Ensuring that students in out -of -home placement are promptly enrolled in the
LEA's free lunch program.
• Ensuring that the school and LEA waive all school fees for students in out -of -
home placement, including but not limited to any general fees, fees for books,
fees for lab work, fees for participation in in -school or extracurricular activities,
and fees for before -school or after -school programs.
■ Facilitating data sharing with Human Services consistent with FERPA, the IDEA,
and other privacy laws and policies.
• Coordinating necessary transportation for students as described in this Agreement,
including through development of any School District practices necessary to
implement these procedures.
• Participating in good faith in the dispute resolution process outlined in this
Agreement in the event there are disagreements regarding transportation.
c. Seamless Coverage of Obligations
While the duties described above are expected to be fulfilled by the designated
point of contact, the duties are obligations of the respective parties. School
District and Human Services shall ensure adequate staff time to meet the
obligations of this agreement. School District and Human Services shall ensure
seamless coverage during times such as staff vacancies or leave.
III. BEST INTEREST DETERMINATIONS
When a school move is considered as a result in a change in child welfare placements, Human
Services shall facilitate a best interest determination meeting in compliance with 12 CCR
7.301.241. This section of rule is attached as Appendix D.
A. Responsibility for Best Interest Determination
Human Services is the entity responsible for determining whether it is in a child or
youth's best interest to remain in their school of origin. Consistent with 12 CCR
7.301.241 and the point of contact duties outlined in this Agreement, Human Services
shall engage School District in this process, and School District shall provide meaningful
input from a representative who knows the student.
In some instances, the juvenile court may exercise its jurisdiction to make a best interest
determination, which may or may not be consistent with a determination already made by
Human Services. In these instances, the juvenile court's orders are the final
determination.
B. Confidentiality
Human Services and School District understand and agree that not all information
relevant to a student's best interest determination is permissible or appropriate to be
shared with School District Staff. In order to protect family privacy, Human Services
may not be able to disclose certain factors impacting the best interest determination,
including but not limited to content of or progress on parents' treatment plans, details of
students' mental health needs, sensitive family information, etc. Human Services and
School District agree that the primary role of School District in the best interest
determination process is to provide information and insight about the child or youth.
Notwithstanding the safeguards above, School District and its employees will inevitably
learn information of a very personal and sensitive nature as a result of participating in the
best interest determination process and in the ongoing work of supporting children and
youth in foster care. In recognition that student records are more accessible to a wider
audience than child welfare records, School District will adopt practices and/or policies
to allow it to utilize sensitive information to serve a child or youth's educational needs
without unnecessarily creating and maintaining "educational records" that can be shared
pursuant to the Family Educational Rights and Privacy Act.
C. Timing of Best Interest Determination
The best interest determination must be made prior to a change in schools. Further, a
determination that it is in a child or youth's best interest to change schools shall include
the date when it is best for him or her to transfer. When a school move is necessary, it is
assumed to be in the best interest of children and youth to transition at natural academic
junctures such as the end of the term.
Human Services and School District agree to coordinate as outlined in this agreement to
maintain children and youth in their schools of origin unless and until it is determined not
to be in their best interest to do so.
IV. IMMEDIATE SCHOOL ENROLLMENT
When it is in a child or youth's best interest to change schools, School District will ensure the
child or youth is immediately enrolled, which means attending and meaningfully participating in
school by the date designated in the child or youth's best interest determination, in accordance
with 12 CCR 2509-4, 7.301.241(D)(4). Enrollment cannot be denied or delayed because
documents normally required for enrollment (proof of age, proof of residency, vaccination
records) have not been submitted. School records, including an IEP, are never required for
enrollment, but an enrolling school must immediately contact the school of origin to obtain
relevant records.
V. PROVISION AND ARRANGEMENT OF TRANSPORTATION
Human Services and School District share the goal and obligation of providing prompt, cost-
effective transportation to maintain children and youth in their schools of origin. Parties share the
goal of identifying efficient, low or no -cost transportation options whenever possible. When
there are additional transportation costs, parties share the goals of selecting the most cost-
effective option that meets the needs of children and youth and of maximizing federal funding.
To achieve this, parties agree to the following terms and procedures.
A, Duration of Transportation
Transportation will be provided for the duration of the child's time in foster care as long
as it continues to be in the child or youth's best interest. If a child or youth exits foster
care before the end of a school year, the transportation arrangement will be maintained
through the end of the school year to maintain the child or youth's educational stability.
B. Short -Term Transportation — Arrangement and Order of Preference
Children and youth in foster care must remain in the school of origin unless and until it is
determined to be in their best interest to attend a new school. In recognition that initial
placement into foster care and changes in foster care placements often occur with very
little notice, Human Services and School District agree to the following to provide short-
term transportation services to a child or youth's school of origin while longer term
decisions and arrangements are made.
These short-term preferences also apply when circumstances change during an existing
placement and the previously arranged transportation plan can no longer be followed.
Order of preference for short-term transportation:
I. Caregiver. The preferred immediate transportation option is for the child or youth's
caregiver or another appropriate adult (such as non -custodial parents, kin, a mentor,
or a CASA volunteer) to provide transportation with mileage reimbursement.
o If caregiver transportation is an option, the Human Services caseworker is
responsible for arranging this with the caregiver.
O
2. Human Services and School District agree to share the costs starting on the first
school day and continuing until another appropriate transportation solution takes
effect.Public Transportation. If public transportation is an appropriate option, the
child or youth may take public transportation to school.
o The Human Services caseworker will work with the caregiver and child or
youth to identify a public transportation route.
3. Human Services or School District Staff. Identified employees of Human Services
and/or School District may provide school transportation.
4. Third -Party Private Provider. The Human Services Director will approve any third -
party providers through a separate contract with each entity.
o Human Services and School District agree to share the costs of providers on
this list starting on the first school day and continuing until another
appropriate transportation solution takes effect.
o Costs for this arrangement include all actual costs which are allowable and
invoiced by the provider.
o Individual title and agency is responsible for reviewing this list and updating it
as needed but at least every six months. If there are material changes to the
list, including addition of new providers and rate changes exceeding 10%, the
updated list must be approved by both Human Services and School District.
C. Ongoing Transportation — Arrangement and Order of Preference
On the first school day following the placement into foster care, the Human Services
point of contact shall notify the School District point of contact of the need for
transportation and the address and contact information of the foster home.
If circumstances change during an existing placement and the previously -arranged
transportation plan can no longer be followed, the Human Services point of contact shall
notify the School District point of contact of the need for new transportation
arrangements within one school day of learning of the change. If the change in
circumstances is within School District, the School District shall notify the Human
Services point of contact within one school day of learning of the change.
Within one school day of being notified of the need for transportation, the School District
point of contact will determine whether there is an existing transportation route that the
child or youth can take to the school of origin. This includes school buses as well as other
types of transportation School District may provide, such as for homeless students.
All additional costs of ongoing transportation will be shared by Human Services and
School District as detailed in Section VIII. Funding of Transportation.
Order of preference for ongoing transportation:
1. School District Route. If there is an existing school district transportation route,
including routes that can be modified, the School District point of contact will arrange
for the child or youth to begin riding on the existing route as soon as possible. The
School District point of contact will notify the Human Services point of contact and
the foster parent of the route information.
o "Additional costs" of this option include only the costs incurred beyond what
the district would incur for a student living within the school's attendance
zone.
2. Caregiver. This option is available if a child or youth's foster parent or another
appropriate adult (such as non -custodial parents, kin, a mentor, or a CASA volunteer)
agree to provide transportation with mileage reimbursement.
o The Human Services Choose a person is responsible for arranging this with
the caregiver.
3. Public Transportation. If public transportation is an appropriate option, the child or
youth may take public transportation to school.
o The Human Services Choose a person will work with the caregiver and child
or youth to identify a public transportation route.
4. Human Services or School District Stuff Identified employees of Human Services
and/or School District may provide school transportation.
5. Third -Party Private Provider. The Human Services point of contact will identify an
appropriate provider to transport the child or youth to school.
o Costs for this arrangement include all actual costs which are allowable and
invoiced by the provider.
o Individual title and agency is responsible for reviewing this list and updating it
as needed but at least every six months. If there are material changes to the
list, including addition of new providers and rate changes exceeding 10%, the
updated list must be approved by both Human Services and School District.
VI. FUNDING OF TRANSPORTATION
A. Mileage Reimbursement
Human Services and School District staff shall be reimbursed for mileage at the rates
established by their respective agencies.
The rate for caregiver mileage reimbursement shall be the same as is provided to Human
Services staff or School District staff, whichever is greater.
Mileage to be reimbursed includes the door-to-door actual miles necessary to take the
child or youth to school, less the provider's normal commute (if any).
B. Cost -Sharing and Maximization of Federal Funds
It is the overriding intent of Human Services and School District that the School District
shall exhaust all alternative funding measures prior to seeking to cost share additional
costs of transportation. If cost sharing is necessary, it will be determined on a case by
case basis taking into account the necessity of the additional costs.
Title IV -E funds are available only for eligible children and youth, and these funds
require a 50% match. Title I dollars are a set amount and do not require a match. School
District incurs more Title I -eligible expenses than it receives in Title I dollars; therefore
School District may have to utilize State and local funds to meet its transportation
obligations. These State and local funds may be IV -E match eligible. Under the following
terms, it is mutually beneficial to Parties to maximize the amount of state and local
dollars that can be claimed as a Title IV -E match to increase the overall federal
contribution to transportation costs.
In order to provide transportation services in a cost-effective manner, Parties agree to
take the measures outlined below in order to maximize federal sources of funding for
transportation to maintain children and youth in their schools of origin.
1. For IV -E eligible children and youth, School District will first utilize non-federal,
match -eligible funds if possible. School District will report the following to Human
Services so that Human Services may claim IV -E funds:
i. Amount
ii. Source of funding
iii. Assurance that funds are non-federal dollars and are not being used as a match
for any other federal program.
2. Human Services agrees repay School District X% of the Title IV -E reimbursement
gained as a result of the School District's match.
3. For non -IV -E eligible children and youth, School District and Human Services Agree
that the School District shall exhaust all alternative funding sources prior to seeking a
cost share. Any cost share shall be based on the necessity of the additional costs on a
case by case basis.
VII. DISPUTE RESOLUTION
A. Funding of Transportation Pending Disputes
In order to meet the educational stability needs of children and youth, and to comply with
Fostering Connections and ESSA, Human Services and School District agree to fully
fund transportation as outlined in Section VIII above pending resolution of disputes.
B. Dispute Resolution Procedure
If Human Services and School District disagree regarding the transportation plan(s) of an
individual child or youth, or group of children or youth, the interim transportation option
shall be the first possible option in the order of preferences; whether the option is
desirable or practical is a question for the dispute resolution process.
As soon as it is apparent that a disagreement exists and dispute resolution is necessary,
the School District and Human Services points of contact shall notify their respective
administrators of the dispute. The administrators shall attempt to come to an agreement
within 5 school days. If an agreement still cannot be reached, parties agree that Human
Services will decide the outcome, including any amounts to be repaid. Notwithstanding
the provisions of this article, each party shall retain the ability to seek any legally
available remedy.
VIII. GENERAL TERMS
A. Force Maieure
The parties agree that in no event shall Weld County be liable due to any stoppage, delay,
or any impairment in the execution of the terms of this Agreement where such stoppage,
delay, or impairment result from acts of God, fire, war, legal or equitable proceeding, or
any other cause which is outside the control of Weld County.
B. Non -Exclusive Agreement
This Agreement is nonexclusive and Weld County may engage or use other Contract
Professionals or persons to perform services of the same or similar nature.
C. GovernmentalImmunj
No portion of this Agreement shall be deemed a waiver, express or implied, of any
immunities, rights, benefits, protections, or other provisions which a party, or its officers,
employees, or agents, may possess pursuant to the Colorado Governmental Immunity Act
§ 24-10-101, et seq., C.R.S., as applicable now or hereafter amended.
D. Choice of Law/Venue/Compliance with Law
Colorado law, and rules and regulations established pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. The proper venue for any action regarding this
agreement shall be Weld County. All parties agree to comply with any applicable
federal, state, or local laws, rules, and regulations.
E. Severability
If any section, subsection, paragraph, sentence, clause or phrase of this Agreement is for
any reason held or decided to be invalid or unconstitutional, such a decision shall not
affect the validity of the remaining portions. The parties hereto declare that they would
have entered into this Agreement and each and every section, subsection, paragraph,
sentence, clause, and phrase thereof, irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
F. Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
G. Confidentiality
Each party agrees to abide by the terms of C.R.S. 24-72-20I, et seq. Each party shall be
responsible for protecting the confidential information of its citizens, and shall follow
commonly accepted procedures and standards for maintaining such confidentiality.
H. Employee Financial Interest/Conflict of Interest
The signatories to this Agreement aver that to their knowledge, no employee, officer, or
agent of any included party has any personal, beneficial interest whatsoever in the
distribution of the funds that are the subject matter of this Agreement. No party's
employee, officer, or their immediate family shall benefit financially from this
Agreement or the distribution of the available funds.
Fund Availability
Nothing in this Agreement shall be construed to require the Weld County Board of
County Commissioners or Greeley -Evans School District 6 Board of Education to
provide funding for any purpose under this Agreement that has not previously been
budgeted.
Acknowledgment. Weld County and School District acknowledge that each has read this
Agreement, understands it and agrees to be bound by its terms. Both parties further agree that
this Agreement is the complete and exclusive statement of agreement between the parties and
supersedes all proposals or prior agreements, oral or written, and any other communications
between the parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
COUNTY:
ATTEST
Weld Co
By:
drifet) aC,L o;ti
lerk • the Boa d
Deputy C k to the Bo
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair JUL 1 8 2018
ONTRACTOR:
Weld County School District 6
1025 Ninth Avenue
Greeley, Colorado 80631
By:
Date:
Megga ' . onsler,
Chief Financial Officer
ship
220/8 - as(o6.
APPENDIX A
BEST INTEREST DETERMINATION WORKSHEET
Use this worksheet to determine whether it is in a child or youth's best interest to remain in their school of origin each time a
school change is considered due to a change in foster care placements. See 12 CCR 2509-4, 7.301.241 for the regulations regarding
best interest determinations. The presumption is that a student will remain in the current school; a student should only change
schools if remaining in the current school is not in their best interest.
Child/Youth's Name: Grade in school:
Date of Meeting: Meeting Facilitator:
Current School and District:
Potential New School(s) and District(s) considered:
PARTICIPANTS
Role
Printed Name
Signature
Agree w/ determination?
Child/Youth*
Yes No
Parent*
Yes No
Parent*
Yes No
Caseworker or designee*
Yes No
Child/youth's GAL, if
appointed*
Yes No
Current school rep. who
knows child/youth*
Yes No
Educational Surrogate
Parent, if any*
Yes No
Future Caregiver (new
placement)
Yes No
New school rep. w/
knowledge of resources
Yes No
Other:
Yes No
Other:
Yes No
Other:
Yes No
Other:
Yes No
* Required by 12 CCR 2509-4, 7.301.241. If required participants do not attend, document attempts to invite the participant
and obtain their input prior to the meeting.
SUPPORTING DOCUMENTATION CONSIDERED:
J Report cards/progress reports J Discipline records
J Test scores J Evaluations of student
J Attendance data J Written input from absent participants
J IEP or 504 Plan J Other:
J Transcript with current credits, J Other:
if in high school
DISCUSSION OF STUDENT'S BEST INTEREST
Bolded questions are required by 12 CCR 2509-4, 7.301.241.
1. Which school does the child/youth prefer? Why?
2. Is the child/youth's safety impacted by which school they attend? How?
3. How can the school of origin meet the child/youth's academic and non-academic needs?
a. Academic needs, including special education:
b. Extra -curricular activities:
c. Social needs:
d. Emotional needs:
e. Other needs:
f. Give special weight to whether the child/youth has a meaningful and appropriate relationship with an
adult at the school of origin:
4. How can the proposed new school meet the child/youth's academic and non-academic needs? (Repeat for each
school under consideration)
a. Academic needs, including special education:
b. Extra -curricular activities:
c. Social needs:
d. Emotional needs:
e. Other needs:
5. Could the school transfer be timed to coincide with a logical academic juncture such as at the end of the school
year or semester or an event that is significant to the child/youth? Consider the academic calendars of the
proposed new school(s) and the current school.
6. How would changing schools affect the child/youth's ability to earn full academic credit, proceed to the next
grade, or graduate on time?
7. How many schools has the child/youth attended over the past few years? This year? How have past school transfers
impacted him/her?
8. How will the placement change impact the child/youth's other relationships outside of school, such as friends,
family and kin, faith and community organizations, etc.? Consider where the child/youth's siblings are placed and
where they will go to school, if applicable.
9. What is the child/youth's permanency goal, and how is this impacted by the school selection?
10. How would the length of the commute to the current school impact the child/youth? Consider the length of the
commute on various modes of transportation, e.g., car, school bus, public transit. (Note: The cost of
transportation is not a permissible factor.)
11. Does the child/youth's parent(s) prefer the current school or new school? Why?
12. Document any other factors the team considered.
DETERMINATION AT END OF MEETING:
J It is in the child/youth's best interest to remain in the school of origin. (Presumed outcome)
Is a transportation plan needed?
Yes
J No
J It is in the child/youth's best interests to transfer to a new school,
in School District on (Date)
APPENDIX B
NOTICE TO SCHOOL DISTRICT OF ORIGIN OF STUDENT IN OUT -OF -HOME PLACEMENT
CONFIDENTIAL
This document is part of the student's educational record, and this information must be kept confidential according to the Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99, and any other applicable state or federal privacy laws.
Date
VIA Email:
Dear
Email address where letter is sent. Use secure email, not postal service, due to time -sensitive nature.
Name
This letter is to notify you that Student's Name, DOB Date of Birth, was placed or wilt be placed in out -of -home care by
County Name County Department of Human/Social Services (DHS/DSS) on Date. The student is currently in Grade grade in
Name of School in Name of School District/LEA. This letter is intended to provide notification of the student's out -of -home
status and to make requests to ensure educational stability for the student. Please use this information to meet the
student's educational needs, and share only with those who have a need to know.
Important Contact Information
The student's new placement is:
Caregiver(s) in placement: Group Home/Facility name if applicable:
Address: Phone: Email:
Notes:
Parent 1:
Phone: Email:
Notes:
Parent 2:
Phone: Email:
Notes:
Educational decision-maker/surrogate parent, if other than the parent(s):
Phone: Email:
Department of Human/Social Services Caseworker:
Phone: Email:
As a result of the student's out -of -home placement, the County DHS/DSS requests the following:
❑ The student will need transportation to the school of origin, , pursuant to the Intergovernmental Agreement
between County DHS/DSS and the LEA. Please contact as soon as possible to develop a transportation plan to
remain in effect unless and until it is determined not to be in student's best interest to remain in the school of
origin.
It is presumed to be in a student's best interest to remain in the same school unless determined otherwise. In this
case, the County DHS/DSS is not considering a school move for the student, and the County DHS/DSS requests the
school and LEA support the student during this time of transition.
It is presumed to be in a student's best interest to remain in the same school unless determined otherwise. In this
case, the County DHS/DSS is considering whether it is in the student's best interest to remain in the current school
Form ID DCWOOXX
www.colorado.govicdhs/cw/ forms
Rev. Eff. 1/1/17
APPENDIX B
or to transfer to another school. Pursuant to 12 CCR 7.301.241, the County DHS/DSS invites participation from a
representative of the school who knows the student and can contribute meaningfully to the discussion. Please
identify this person and notify him/her of this meeting.
(Select one)
❑ The meeting is scheduled for Date at Time at Location and address.
O The meeting is currently being scheduled. Please contact email address of person scheduling as soon as
possible for more information.
The student be enrolled in the LEA's free lunch program. 42 U.S. 5 1758(b)(5) (categorical eligibility for free lunch).
The school and LEA waive all school fees the student may incur, including but not limited to any general fees, fees for
books, fees for lab work, fees for participation in in -school or extracurricular activities, and fees for before -school or after -
school programs. 5 22-32-138(7), C.R.S.
Other requests
Thank you for your assistance in supporting Student's name during this transition. Please contact me if you have any
questions. I would welcome the opportunity to discuss how we can work together to help Student's name be successful in
school.
Sincerely,
Name, Title
Contact information
FOLLOW-UP NOTICE OF BEST INTEREST DETERMINATION
A best interest determination for the above student was held on . It was determined that:
It is in the student's best interest to remain in the school of origin, and no transportation plan is needed.
❑
It is in the student's best interest to remain in the school of origin, and the student will need transportation to the
school of origin pursuant to the Intergovernmental Agreement between County DHS/DSS and the LEA.
(Select one)
Please contact as soon as possible to develop the ongoing transportation plan.
The transportation plan has already been jointly developed by County DHS/DSS and the LEA, and it is
attached.
❑ It is in the student's best interest to change schools. The student will begin attending in on .
Other requests or information
Form iD DCWOOXX
www.colorado.gov/cdhs/cw/forms
Rev. Eff. 1/1/17
coati,
�� tom-- `r 1
APPENDIX C
NOTICE TO RECEIVING SCHOOL DISTRICT OF NEW STUDENT IN OUT -OF -HOME PLACEMENT
CONFIDENTIAL
This document is part of the student's educational record, and this information must be kept confidential according to the Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99, and any other applicable state or federal privacy laws.
Date
VIA Email:
Dear
Name
This letter is to notify you that
Student's Name
, DOB Date of Birth, was placed or will be placed in out -of -home care by
County Name County Department of Human/Social Services (DHS/DSS) on . The student is currently in Grade grade in
Date
Name of School in Name of School District/LEA. In a process pursuant to 12 CCR 7.301.241, it has been determined to be in
the student's best interest to transfer to a new school in your district/local educational agency effective .
This letter is intended to provide notification of the student's out -of -home status and to make requests to ensure
educational stability for the student. Please use this information to meet the student's educational needs, and share with
only those who have a need to know.
Important Contact Information
The student's new placement is:
Caregiver(s) in placement: Group Home/Facility name if applicable:
Address: Phone: Email:
Notes:
Parent 1:
Phone: Email:
Notes:
Parent 2:
Phone: Email:
Notes:
Educational decision-maker/surrogate parent, if other than the parent(s):
Phone: Email:
Department of Human/Social Services Caseworker:
Phone: Email:
To ensure a seamless transition for the student, the County DHS/DSS requests that:
i� The new school, , immediately enroll the student, effective , even without normally required records. Every
Student Succeeds Act (ESSA), 20 U.S.C. § 6311(g)(1)(E)(ii).
The student's educational records be immediately requested from the school of origin. ESSA, 20 U.S.C. § 6311(g)(1)(E)(iii).
The student be enrolled in the LEA's free lunch program. 42 U.S. § 1758(b)(5) (categorical eligibility for free lunch).
The school and LEA waive all school fees the student may incur, including but not limited to any general fees, fees for
books, fees for lab work, fees for participation in in -school or extracurricular activities, and fees for before -school or after -
school programs. § 22-32-138(7), C.R.S.
Form ID DCWOOXX
OOXX
www.colorado.govicdhs/cw/forms
•
❑ The student is currently receiving special education services and will need to continue special education services
in the receiving school district. A copy of the student's current IEP is
Thank you for your assistance in supporting during this time of transition. Please contact me if you have any questions.
welcome the opportunity to discuss how we can work together to help be successful in the new school.
Sincerely,
Form ID DCWOOXX
www.colorado.gov/cdhs/cw/forms
APPENDIX D
DEPARTMENT OF HUMAN SERVICES
Social Services Rules
CHILD WELFARE SERVICES
12 CCR 2509-4
7.300 CHILD WELFARE SERVICES
7.300.1 FAMILY ENGAGEMENT [Eff. 5/1/12]
County departments of human/social services shall adopt family engagement practices. Family
engagement means joining with the family/kin to establish common goals of safety, well-being, and
permanency throughout the involvement and is inclusive of other systems. This is an overarching theme
of practice throughout service assessment, planning, and delivery. Family engagement practice shall
include, but not be limited to, family meetings, cultural responsiveness, and reflect the core principles
below:
A. It focuses on the strengths and interests of the child, youth, and family.
B. It promotes family and youth choice through family and youth -driven decisions.
C. It actively supports that all families receive timely access to culturally responsive services they
identify as necessary to safely care for their children and youth, and results in meaningful family
involvement.
D. It supports relationship building and community participation.
E. It fosters mutual trust and respect between families, youth, agency, and stakeholders.
F. It values the support network and relationships of each individual.
G. Information sharing is open, honest, and clear.
H. It extends beyond the immediate family members to those identified by the family as a source of
support and strength and who will serve beyond the involvement of the child welfare system to
help sustain the reunification and/or ability to safely parent the children/youth.
7.301 ASSESSMENT AND FAMILY SERVICES PLANNING
7.301.1 ASSESSMENT [Eff. 1/15/15]
A. The Colorado Assessment Continuum (CAC) will be utilized throughout the case. The CAC
includes the:
1. Safety assessment and plan, referenced in Section 7.107.1 and Section 7.107.16 (12
CCR 2509-2).
2. Risk assessment, referenced in Section 7.107.2 (12 CCF 2509-2).
1
CODE OF COLORADO REGULATIONS 12 CCR 2509-4
Social Services Rules
B. Safety assessment and risk assessment are ongoing processes throughout the life of the case.
Safety and risk assessments, as defined in this manual, shall be completed for each Program
Area 5 case accepted for assessment by the county department and shall be the basis for case
planning. Each of these assessments shall be entered into the automated case management
system in accordance with the timeframes referenced in Section 7.301.1, A, 1 and 2.
1. The family, including relatives with caretaking responsibilities for children in the
household, shall be involved in all phases of assessment and case planning.
2. Assessment tools or resources available through community agencies shall be
incorporated in the assessment, based on the culture, ethnicity and other needs of the
family.
3. As a result of this assessment/evaluation, the caseworker and family shall identify the
family's current safety and risk, to include level of functioning, areas of strengths, specific
areas of concern to be addressed, and changes that must occur to remedy the concerns
that brought the family to the agency. This information shall be included in the Family
Services Plan.
7.301.2 FAMILY SERVICES PLAN REQUIREMENTS [Eff. 09/1/07]
The county department shall complete the Family Services Plan document for each child receiving
services to assure that the child's needs for safety, permanency, and well-being are met. The Family
Services Plan shall incorporate the following principles:
A. A child/youth's safety is paramount;
B. Children/youth belong in families;
C. Families need the support of communities; and,
D. Community partners are key to achieving strong outcomes for children/youth and families.
7.301.21 Family Services Plan Timing Requirements [Rev. eff. 11/1/15]
The Family Service Plan document must be completed:
A. Within sixty (60) calendar days of the referral date in the automated case management system for
children/youth in their own homes, including Core Services program cases in which the
children/youth are not in out -of -home placement. There may be one Family Services Plan for the
family in these cases.
B. Within sixty (60) calendar days of the referral date in the automated case management system for
children in out -of -home placement, including those cases in which the children/youth are
receiving Core Services. There may be one Family Services Plan for the family; however,
discrete sections in the treatment plan and in the placement information are required for each
child/youth in placement.
C. For youth fourteen (14) years of age and over in out -of -home placement, the plan for transition to
independent living/emancipation shall be completed within sixty (60) calendar days of the youth's
fourteenth (14th) birthday or of case opening.
7.301.22 Family Service Plan Participants [Rev. eff. 7/1/14]
2
CODE OF COLORADO REGULATIONS 12 CCR 2509-4
Social Services Rules
A. The county shall assure that the following parties participate in the development of the Family
Services Plan and engagement activities:
1. Caseworker;
2. Parent(s) or legal guardians;
3. Child/youth;
4. Immediate and extended family members as appropriate to the service needs of the
family, child, and youth; and,
5. Service providers, including kin caregivers, out -of -home caregivers, and in -home
providers.
B. In addition to all parties being encouraged to sign the plan, all parties shall be engaged in
activities that indicate involvement in service planning, including, but not limited to:
1. Family engagement meetings; or,
2. Ongoing contacts, which could include, but are not limited to: face to face, visitation,
email, texts, technology with face to face capacity, emerging technology, or through
signature on the Family Services Plan.
C. Activities shall be documented in the State Department's automated system and may be located
in the record of contact notes, the framework field, ninety (90) day reviews, and progress reports
to the court. Documentation shall reflect the various ways in which attempts were made to
engage parents, child/youth, and providers.
7.301.23 Family Service Plan Documentation
The Family Services Plan shall document
A. That services to be provided are directed at the areas of need identified in the assessment.
Outcomes to be achieved as a result of the services provided will be described in terms of
specific, measurable, agreed upon, realistic, time -limited objectives and action steps to be
accomplished by the parents, child/youth, service providers and county staff.
B. That services to be provided are designed to assure that the child/youth receives safe and proper
care.
C. That services to be provided are culturally and ethnically appropriate. Appropriate cultural or
ethnic considerations should include, but are not limited to, consideration of the child/youth's
family, community, neighborhood, faith or religious beliefs, school activities, friends, and the
child/youth's and family's primary language.
7.301.231 Integration of Safety and Risk Requirements [Rev. eff. 1/1/15]
Integration of safety and risk requirements into the case plan in the family services plan shall be
accomplished in the following ways:
A. Safety and risk assessments completed in the assessment portion of the automated case
management system shall automatically become a part of the case, when a case is opened.
3
CODE OF COLORADO REGULATIONS 12 CCR 2509-4
Social Services Rules
B. Safety concerns identified on the safety assessment will be included in Part 3A, and will be the
basis for developing treatment plan objectives.
C. Risk concerns identified on the assessment will be included in Part 3A, and shall be used in
developing treatment plans.
D. In Part 5A, the following question shall be addressed: "Based on the information presented
above, is there present or impending danger that must still be managed?"
7.301.24 Family Service Plan Out -of -Home Placement Documentation [Rev. eff. 3/1/16]
For child(ren)/youth in out -of -home placement, the Family Services Plan documents:
A. That the child/youth meets all of the out -of -home placement criteria listed in Section 7.304.3.
B. That when the child/youth is part of a sibling group and the sibling group is being placed out of
the home, if the county department locates an appropriate, capable, willing, and available joint
placement for all of the children/youth in the sibling group, it shall be presumed that placement of
the entire sibling group in the joint placement is in the best interests of the children/youth. Such
presumption may be rebutted by the county by a preponderance of the evidence that placement
of the entire sibling group in the joint placement is not in the best interests of a child/youth or of
the children/youth. At the dispositional hearing, if a child/youth is part of a sibling group and was
not placed with his/her siblings, documentation shall be submitted to the court about whether it
continues to be in the best interest of the child(ren)/youth to be placed separately.
C. The problems to be resolved in order to facilitate reunification of the child/youth and family, and to
safely maintain the child/youth in the home.
D. A description of the type of facility in which the child/youth is placed and the reason(s) the
placement is appropriate and safe for the child/youth.
E. A description of the county's efforts to place the child/youth in reasonable proximity to the home
of the parents and to the school in which he or she was enrolled at the time of each placement,
referred to as the "school of origin." For a child/youth placed a substantial distance from the home
of the parent(s), from his or her school of origin, or in out-of-state placement, the county shall
document how the placement meets the best interests of the child/youth, including how the
county took into account proximity to parents and school in making its placement decision (see
Sections 7.304.54, J and 7.301.241, B, 2).
F. A summary of efforts to ensure educational stability as outlined in Section 7.301.241.
G. That the placement is the least restrictive, safe, and most appropriate setting available consistent
with the best interests and specific needs of the child. This includes documentation of initial and
on -going efforts to place the child/youth with kin.
If the child/youth is moved to a more restrictive placement after the initial placement, the Family
Services Plan documents how the more restrictive placement meets the child/youth's needs.
H. Health and educational information shall be documented in the State Department's automated
system and updated at the time of each case review, including addresses and other contact
information about the child/youth's current:
1. Education providers, including school, school district, and Board of Cooperative
Education Services (BOCES) contacts who assist in the coordination of enrollment and
services, and the child/youth's academic progress.
4
CODE OF COLORADO REGULATIONS 12 CCR 2509-4
Social Services Rules
2. Health care providers and the status of health care information.
Specific plans for how the county will carry out any court determinations or orders concerning the
child/youth.
J. A description of the services and resources needed by the foster parents or kinship providers to
meet the needs of the child/youth and how those services and resources will be provided.
K. A description of the services provided to reunite the family, including the plan for visitation, or to
accomplish another permanency goal. The visitation plan shall specify the frequency, type of
contact, and the person(s) who will make the visit. At a minimum the visitation plan shall provide
the methods to meet the following:
1. The growth and development of the child/youth;
2. The child/youth's adjustment to placement;
3. The ability of the provider to meet the child/youth's needs;
4. The appropriateness of the parent and child/youth visitation, including assessment of risk;
5. The child/youth's contact with parents, siblings, and other family members; and
6. Visitation between the child/youth and his/her family shall increase in frequency and
duration as the goal of reuniting the family is approached.
L. For child(ren) under the age of fourteen (14), a description of services and a plan for
accomplishing tasks to prepare child(ren) to be age appropriately self-sufficient, when
independent living services are provided.
M. For youth age fourteen (14) and older, a description of services and a plan for accomplishing
tasks to assist the youth in preparation for self sufficiency and independent living as early in
placement as possible but no later than sixty (60) calendar days after the youth's fourteenth
(14th) birthday.
N. Reasonable efforts have been made to maintain the child/youth in the home, or prevent or
eliminate the need for removal of the child/youth from the home, or make it possible for the
child/youth to return to the home; or when applicable, documentation of the circumstances that
exist in which reasonable efforts to prevent removal or reunite the child and the family are not
required (see Section 7.304.53, B, 3).
O. The specified permanency goal for the child/youth shall be based on the individual needs and
best interests of the child/youth. Permanency goals shall include one of the following:
• Remain home;
• Return home;
• Permanent placement with a relative through adoption;
• Permanent placement with a relative through legal guardianship or permanent custody;
• Adoption (non -relative);
• Legal guardianship/permanent custody (non -relative);
5
CODE OF COLORADO REGULATIONS 12 CCR 2509-4
Social Services Rules
• Return home through reinstatement of parental rights;
• Other planned permanent living arrangement through emancipation;
• Other planned permanent living arrangement through relative long term foster care;
• Other planned permanent living arrangement through non -relative long term foster care.
Permanency goals shall include the projected date (month, day, and year) by which the goal is to
be accomplished for each child/youth receiving services.
1. The initial permanency goal for the child/youth is to return home with the following
exceptions:
a. Children/youth whose parents are both deceased or have both voluntarily
relinquished custody;
b. Children/youth whose parents cannot be located after family search and
engagement activities, which shall begin no later than three working days
following placement and shall not exceed three months;
c. Children/youth whose parents have been guilty of repeated and/or severe abuse
or neglect of the child/youth or the child/youth's siblings such that termination of
parental rights of both parents is appropriate; or,
d. children/youth for whom it appears, after investigation, that a safe return home
will not be possible even with the provision of reasonable efforts.
2. After twelve months, the child/youth's caseworker and supervisor shall include written
justification on the Family Services Plan for continuation of the goal of return home.
3. After eighteen months, the extraordinary circumstances which exist and the reasons
which support the permanency goal of return home shall be documented in the Family
Services Plan. Approval of the return home permanency goal by the caseworker,
supervisor and county administrative review is documented in the case record.
4. In concurrent planning cases the alternate permanency goal shall be documented.
5. The permanency goal of other planned permanent living arrangement through
emancipation shall only be used for youth ages sixteen to twenty-one.
6. For a child/youth who has been in foster care under the responsibility of the state for
fifteen (15) of the last twenty-two (22) months, the county shall either file a motion for
termination of parental rights no later than the end of the fifteenth (15th) month or
document and submit to the court at the next review the compelling reason why it is in the
child/youth's best interest not to terminate parental rights.
P. The steps the agency is taking to find an adoptive or other permanent living arrangement for a
child/youth for whom the permanency plan is adoption or placement in another permanent home.
Q. The permanency goal for the child would be to remain home barring case circumstances that
would indicate the need for an alternative permanency goal when a teen mother and her child are
placed together in the same foster home and if a case is opened on the child. The county must
see the child when visiting the teen mother in the foster home.
6
CODE OF COLORADO REGULATIONS 12 CCR 2509-4
Social Services Rules
R. Requirements for use of Other Planned Permanent Living Arrangement goals as follows:
1. The county department may consider Other Planned Permanent Living Arrangement
(OPPLA) as a permanency goal:
For youth who are sixteen (16) years of age or over and are demonstrating exceptional
circumstances that prevent the youth from returning home, adoption, legal guardianship
or permanent custody.
2. The goal shall be reviewed through the use of a family engagement meeting or
equivalent team that reviews permanency needs. All of the following shall be submitted to
and considered by the review team, and the recommendation shall be submitted to the
court.
a. Documentation pertaining to the completion of an intensive and ongoing
examination of kin and permanent connections. This process shall also address:
1) A comprehensive assessment of the youth's strengths and needs. In
addition to updating the assessment of the youth's strengths and needs,
the updated assessment or staffing shall address the youth's capacity to
live within a family setting.
2) This review team shall also consider the youth's desired permanency
outcome.
b. A detailed description of efforts made to achieve permanency through the other
goals and identification of the barriers to achieve them.
c. A detailed description of how OPPLA is in the best interest of the youth.
3. The following is to be documented and made available to the court at each court review.
a. Documentation of the barriers to permanency to date and compelling reasons
why the other permanency goals are not attainable.
b. Documentation of the youth's desired permanency outcome including giving the
youth an opportunity to attend each hearing to voice his/her desired goal.
c. Documentation of intensive, ongoing, and as of the date of the hearing,
unsuccessful efforts to return the youth home or secure a placement for the
youth with a fit and willing relative (including adult siblings), a legal guardian, or
an adoptive parent, including thorough efforts that utilize technology (including
social media) to find biological family members for the youth.
d. Documentation of the steps taken to ensure that youth are being supported in -
engaging in age or developmentally appropriate activities and social events
including:
1) The youth's foster family home or other placement is following the
reasonable and prudent parent standard; and,
2) The youth has regular, ongoing opportunities to engage in age or
developmentally appropriate activities (including consulting with the
youth in an age -appropriate manner about the opportunities of the youth
to participate in the activities).
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4. Documentation which includes the review team's reasons for approving Other Planned
Permanent Living Arrangement (OPPLA) shall also be entered in the Family Service Plan
as directed by the Division of Child Welfare.
5. The use of this goal shall be reviewed by a family engagement or equivalent review team
at a minimum of every six (6) months. The county shall request that the court review the
case every twelve (12) months to determine if the youth is demonstrating exceptional
circumstances that prevent the youth from returning home, adoption, legal guardianship
or permanent custody.
6. If this goal is not achieved through relative care, a family -like network of significant
people shall be developed to provide the youth with a sense of belonging and with
support expected to endure over a lifetime.
S. Reinstatement of Parental Rights
1. The county department of human or social services may explore the use of reinstatement
of parental rights as a permanency option for:
a. Children twelve (12) years of age and older, or child(ren) younger than twelve
(12) years of age if they are part of a sibling group where at least one of the
child(ren) or youth is twelve or older and is pursuing reinstatement of parental
rights; and,
b. Child(ren) younger than twelve (12), if they are part of a sibling group where at
least one of the child(ren) is twelve or older, and is pursuing reinstatement of
parental rights; and,
c. Child(ren) who currently do not have a legal parent; and,
d. Child(ren) who currently are not in an adoptive placement and not likely to be
adopted within a reasonable period of time; and,
e Child(ren) who had all other permanency options exhausted; and,
f. Cases when the termination of parental rights was ordered at least three -years -
prior or when it is determined by the court to be in the best interest of the
Child(ren) when termination occurred less than three years prior to the date of
the petition for reinstatement is being filed with the court; and,
g. Child(ren) and former parent(s) that consent to parental rights being reinstated;
and,
h. Child(ren) where it is in their best interest, including the financial best interest, to
have parental rights reinstated; and,
Former parent(s) who have remedied the issues that led to the termination and
those issues did not involve founded allegations of sexual abuse or an incident of
egregious abuse or neglect against a child, a near fatality, or a suspicious fatality.
1.
The child is in the legal custody of a county department.
2. A county department of human or social services that identifies reinstatement as a
permanency option shall complete an assessment of the former parent(s). Completion of
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the assessment and the results of the assessment will be documented in the statewide
case management system. The assessment shall include all of the following:
a. Completing the Colorado family risk assessment tool, which must include a visit
and inspection of the former parent's home;
b. Reviewing the reasons for the termination of parental rights and determining if
the concerns identified have been remedied and do not currently exist or present
a safety concern;
c. Conducting the following background checks on the former parent(s) and any
other adults eighteen (18) years of age or older in their home and share the
results with all parties to the case:
1) Child abuse/and/or neglect records check in every state where any adult
residing in the home has lived in the five years preceding the filing of the
petition for reinstatement;
2) Fingerprint -based criminal history checks from the Colorado Bureau of
Investigation (CBI), or other state background check if the parent lives in
another state, and the Federal Bureau of Investigation (FBI);
3) Review the state Judicial Department's case management system and
include in the case record; and,
4) Review the CBI sex offender registry and the national sex offender public
website operated by the United States Department of Justice for:
a) Known names and addresses of each adult residing in the home;
and,
b) Address only of the home.
3. A safety assessment shall be completed.
4. Upon the decision to pursue reinstatement of parental rights; only the county department,
guardian ad litem, or a child sixteen (16) years of age or older may file the petition for
reinstatement.
a. The petition for reinstatement of parental rights should be filed in the county who
has custody of the child(ren) through the dependency and neglect court case.
b. The petition shall be filed in the dependency and neglect court case where the
termination of parental rights occurred for the former parent(s) or in the event that
the current open dependency and neglect case is a termination of the adoptive
parent's rights, then the petition shall be filed in that court case, as it grants
custody of the child(ren) to the county.
c. If the county is contacted by a former parent inquiring about reinstatement, the
county must notify the guardian ad litem (gal) within thirty (30) calendar days
after the contact and provide them with the name and address of the former
parent(s).
d. Once the court sets an initial hearing, the county shall develop and report to the
court the following:
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1) Whether the former parent(s) has remedied the conditions that led to the
termination;
2) Based on the assessment of the former parent, including the outcome of
the Colorado family risk assessment tool, the transition plan shall include
supports or treatment needed for the child(ren) and former parent(s) to
help make the reinstatement a success;
3) Whether the former parent(s) can provide a safe and stable home for the
child(ren);
4) A visitation or temporary placement plan with the former parent(s) for up
to a six month trial period where custody remains with the department;
this plan will be approved or modified at this initial hearing.
a) Updates about the visits, transition plan, and supports shall be
provided at each review hearing and no later than thirty (30)
calendar days prior to the expiration of the trial home period.
b) At any point the placement is deemed no longer safe or in the
best interest of the child(ren), removal shall be in accordance
with procedures outlined in Sections 19-3-401 and 19-3-403,
C.R.S.
5) Whether the child(ren) will lose or gain any benefits or services
(Medicaid, Chafee, etc.) as a result of the reinstatement being granted.
5. If the court grants the order, the county shall select reinstatement of parental rights as the
closure reason, in the state automated case management system.
6. If the court denies the order the county department shall:
a. Arrange for immediate placement of the child(ren), if the child(ren) is still in the
former parent's home;
b. Set a permanency hearing to determine a new permanency goal and plan for the
child(ren).
7.301.241 Education Requirements for Children/Youth in Out -of -Home Placement [Rev. eff.
2/1/10]
A. Documentation shall be entered into the state automated case management system to address
compliance with all requirements in this Section, 7.301.241, including designation of
responsibilities.
B. County departments shall coordinate with the local public school, school district, and/or Board of
Cooperative Education Services (collectively, "local educational agency" or "LEA") to ensure
educational stability for each school -aged child/youth, including those attending public pre-school,
in out -of -home placement.
C. Each placement of a child/youth shall take into account the appropriateness of the current
educational setting and the proximity to the school in which the child/youth is enrolled at the time
of placement, referred to as the "school of origin." See Section 7.301.24, E.
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D. It is presumed to be in a child/youth's best interest to remain in the school of origin. If
transportation is necessary to maintain the child/youth in the school of origin, this shall be
provided in accordance with Section 7.301.24, E.
The county shall make a best interest determination prior to any school move resulting from a
change in placements unless remaining in the school of origin poses a specific, documented
threat to the child/youth's safety. The best interest determination process is as follows:
1. The best interest discussion and determination shall occur as an in -person meeting when
warranted and possible. When an in -person meeting is not warranted or not possible, or
for participants unable to attend the meeting, the county department shall consult
participants by other means, such as phone or email.
2. The county department shall invite the following people to participate in the best interest
determination. If a participant is unavailable or cannot be located, the county shall
document the various ways in which attempts were made to engage that participant.
a. Child/youth, as described below,
The county department of human services shall determine the
child/youth's wishes in a developmentally appropriate way and include
the child/youth in the meeting to the extent appropriate and possible for
the child/youth's individual needs. If it is inappropriate or not possible for
the child/youth to participate in the meeting, the county department shall
document the reason and ascertain the child/youth's wishes through
other means.
b. Parents,
For purposes of this subsection 7.301.241, the term "parents" includes a
natural parent having sole or joint custody, regardless of whether the parent is
designated as the primary residential custodian, or a parent allocated parental
responsibilities with respect to a child, or an adoptive parent. Parent does not
include a person whose parental rights have been terminated pursuant to the
provisions of Title 19 of the Colorado Revised Statutes or the parent of an
emancipated minor.
c. Caseworker or appropriate designee,
d. Guardian ad litem, if one is appointed,
e. Representative from the school of origin who knows the child/youth, as
determined by the LEA,
f. Educational surrogate parent, if any, and
g. Others as relevant and appropriate as determined by the county, which may
include but are not limited to future caregiver, court appointed special advocate
(CASA), current caregiver, representatives from potential new school, support
person for the child/youth.
3. Best interest determination meetings may be incorporated into family engagement
meetings. The county department shall protect the family's confidentiality by including
school personnel only in the portion of the meeting regarding the child/youth's
educational needs, unless members consent to their ongoing participation in the meeting.
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4. The best interest determination shall address whether it is in the child/youth's best
interests to either:
a. Remain in the same school, or
b. Attend another appropriate school.
The potential new school(s) to consider may include any school in which the
child/youth may enroll pursuant to state law and LEA policy, including but not
limited to C.R.S. § 22-1-102 (defining residence of child), C.R.S. § 22-32-116
(defining exception to exclusion of non-residents), or C.R.S. § 22-20-107.5
(defining residence of child who receives special education). The county
department need not consider every possible school; rather the county should
identify which school or schools they are considering so the attributes of the
specific schools can be considered.
If it is determined to be in the child/youth's best interest to attend a new school,
the best interest determination shall also include the date when the child/youth
will change schools. The child/youth shall remain in the school of origin until this
date. It is presumed to be in a child/youth's best interest to be in the least
restrictive environment and to transfer at natural transitions such as the
beginning of the school year or academic term.
5. The county department shall make the best interest determination in collaboration with
the LEA and other participants and in consideration of the following non -exhaustive
factors, as relevant:
a. Child/youth's wishes,
b. Child/youth's safety,
c. How the school of origin can meet the child/youth's academic and non-academic
needs (including special education, extra -curricular activities, social, emotional,
and other needs). In considering the child/youth's needs, the county department
shall give special weight to whether the child/youth has a meaningful and
appropriate relationship with an adult at the school of origin,
d. How the potential new school could meet the child/youth's academic and non-
academic needs, including special education, extra -curricular activities, social,
emotional, and other needs,
e. How the decision impacts the child/youth's permanency goal(s), and
f. The length of travel and impact on the child/youth.
The cost of transportation is not a permissible consideration in determining the
child/youth's best interest.
g.
6. If the county determines that it is not in a child/youth's best interest to remain in the same
school, the school district shall immediately, on the date designated in the best interest
determination, enroll the child/youth in a new school, even without records normally
required for enrollment, pursuant to the Every Student Succeeds Act, 42 U.S.C. §
675(1)(G)(ii). In order to facilitate transfers at natural academic transitions whenever
possible, "immediately" means the date designated in the best interest determination, not
necessarily the date the determination is made.
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7. The county department shall inform the parent(s), guardian ad litem, and educational
surrogate parent, if any, of the best interest determination within one business day of
making the determination. The notification shall serve as the first day in the dispute
resolution time frames described in Section 7.301.24, D, 8.
8. Disputes regarding best interest determinations shall be handled in a manner that
promotes the child/youth's safety and stability, as follows:
If the parent(s), guardian ad litem, and/or educational surrogate parent, if any, is a party
to an accompanying court case and disagrees with the county department's best interest
determination, he or she must file a motion with the juvenile court to seek judicial
resolution. Such a motion must be filed within three business days of the notice of the
county's determination. If the county receives such a motion, the child/youth shall remain
in the school of origin pending dispute resolution, unless remaining in the school poses a
specific, documented threat to the child/youth's safety. If such parties indicate their
agreement to a school move, the county need not delay the move pending the three-day
appeal period.
E. County departments and LEAs shall collaborate to ensure that children in foster care needing
transportation to the school of origin will promptly receive transportation in a cost-effective
manner. County departments and LEAs shall collaborate to develop systems -level transportation
plans, including how transportation will be provided, arranged, and funded for the duration of time
the child/youth is in foster care. Transportation plans may be developed at the local and/or
regional levels.
F. County departments shall document efforts to ensure the child/youth meets the state compulsory
attendance requirements.
G. Procedures for special education evaluations when children are in out -of -home care:
1. If a child/youth is suspected to have a disability affecting his or her education, the
caseworker shall make a written referral for a special education evaluation to the
designated representatives of the child/youth's school district of jurisdiction, which is the
district where the child is a resident for educational purposes, before a non -emergency
placement in a residential child care facility.
2. Upon any placement of a child/youth with a disability or suspected of having a disability
into a residential child care facility, the caseworker shall make a verbal notification within
five working days and a written notification within fifteen calendar days to the school
district of jurisdiction after the placement.
3. Educational costs of placements are not reimbursable to the county department until after
notice of the placement is given to the school district of jurisdiction.
4. If the special education evaluation results in a determination that the child/youth is
disabled pursuant to Section 504 of the Rehabilitation Act and/or the Individuals with
Disabilities Education Act, which means that the child/youth qualifies for disability
accommodations and/or special education services, the county and district of jurisdiction
shall meet to determine if the educational needs of the child/youth can be met in the
placement or the Core Services program.
5. If the child/youth is not eligible for disability accommodations and/or special education
services, the county may be responsible for educational costs.
7.301.242 Procedures for Maintaining Education Records [Rev. eff. 4/1/12]
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For children/youth in out -of -home placement, the county department shall maintain records within the
case file and/or in the fields available in the education section of the automated system that include, but
are not limited to, identification of:
A. School name and address at the time of removal from the home.
B. Current school name, address, and telephone number.
C. Grade or classroom designation.
D. Most recent end -of -term grades or other school district approved progress reporting method if
grades are not issued.
E. Educational needs including, but not limited to, special education and summaries of the efforts of
the county department to address the needs.
F. Educational plans based on individual needs, including an IEP.
G. Educationally based evaluations.
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