Rule-making#: / 09-5-13-1
Office or Division/Program: Office of Children, Youth and Families/Division of Child Care / Rule Author: Dana Andrews / Phone: 303-866-5946
E-Mail:
STATEMENT OF BASIS AND PURPOSE
Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)
In 2004, the Department convened a group of private domestic and international adoption agencies to update the adoption section of the Child Placement Agency (CPA) rules to address current standards in domestic and international adoptions. With the implementation of the Hague Standards for International Adoption, the current rules for Rules Regulating Adoption Agencies in Colorado were not sufficient. The primary changes to the adoption section of the CPA rules were in the areas of Hague standards for inter-country adoption, family assessments, training, required reports, and personnel requirements.
The general part of the CPA rules that applies to both foster care and adoption were also modified to address issues and concerns in the areas of conflict of interest, ethical standards, personnel requirements, and financial operation. Some specific changes apply to the following sections:
● 7.710.1, definition section, is revised to define bonding, risk assessment, quality improvement program, average sufficient cash reserve, unreasonably high, current reference, child placement, and conflict of interest.
● 7.710.21 is revised to require a not-for-profit CPA to have a board of directors that includes community representation; maintain professional liability insurance; maintain and monitor a quality improvement program; ensure that fees, wages, or salaries paid to the directors, employees and officers of the agency are not unreasonably high; ensure that the agency’s chief executive officer, chief financial officer, executive director, and other officers or employees with direct responsibility for financial transactions or financial responsibility be bonded; ensure the agency maintains an average sufficient cash reserve, assets, or other financial resources.
● 7.710.22 is revised to specify what type of documentation is required for a financial transaction to be considered an allowable expense.
● 7.710.23 is revised to require that the executive director and placement supervisor must reside in Colorado and that certified copies of transcripts must be submitted to the State Department for review. All college courses must be from a regionally accredited college or university.
● 7.710.24 is revised to require the governing body to adopt a policy for outside employment.
(continued)
Initial Review / 02/05/2010 / Final Adoption / 03/05/2010Proposed Effective Date / 05/01/2010 / EMERGENCY Adoption / n/a
STATEMENT OF BASIS AND PURPOSE (continued)
● 7.710.25 is revised to specify the required information in a personnel file.
● 7.710.32 is revised to require that a CPA must demonstrate to the Department that it provides child placement services ethically and in accordance with Colorado state regulations; shall not knowingly and willfully disseminate or cause directly or indirectly to be disseminated, statements regarding services which are untrue, deceptive, or misleading; make any statement or prepare or use any document that is known to be false; or, conceal or misrepresent any material fact in connection with the provision of services to birth parents, foster or adoptive parents, foster or adoptive parent applicants, or children.
An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:
to comply with state/federal law and/orto preserve public health, safety and welfare
Explain:
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2009) - State Board to promulgate rules; 26-1-109, C.R.S. (2009) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2009) - State Board to promulgate rules for public assistance and welfare activities
Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)
26-6-106, C. R. S. (2009) – standards for facilities and agencies
Yes / X / NoYes / X / No
Does the rule incorporate material by reference?
Does this rule repeat language found in statute?
If yes, please explain.
State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which stakeholders?
Foster Care and Adoption Agencies of Colorado (FCAAC), Colorado Association for Family and Children’s Agencies (CAFCA); the Adoption Coalition; and independent Child Placement Agencies
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
Rule-making Form SBA-3a (08/09)
Title of Proposed Rule: / Re-Write of the Rules Regulating Child Placement AgenciesRule-making#: / 09-5-13-1
Office or Division/Program: Office of Children, Youth and Families/Division of Child Care / Rule Author: Dana Andrews / Phone: 303-866-5946
REGULATORY ANALYSIS
(complete each question; answers may take more than the space provided)
1. List of groups impacted by this rule:
Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?
Child Placement Agencies (CPAs) that place children for foster care and/or adoption will be impacted. Foster parents certified by a CPA will be impacted and foster children placed in foster homes certified by a CPA will be impacted.
CPAs will bear the burden of implementing the revised rules. Foster and adoptive children will be positively impacted by the revised rules.
2. Describe the qualitative and quantitative impact:
How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?
There are currently approximately forty (40) agencies providing foster care services; ten (10) agencies that provide both foster care and adoption services; and twenty-three (23) agencies that provide adoption services. There are approximately 1,275 foster homes certified in Colorado, with the ability to place up to approximately 4,000 children into the homes; however, the homes are not currently at capacity. At present, there are approximately sixty-five (65) countries from which families may adopt; however, there are approximately twenty (20) countries that are more frequently chosen for the adoption process.
The short and long term consequences of the rule changes will make foster care and adoption safer for children of all nationalities from all countries. Both foster and adoption agencies will be held to higher standards.
3. Fiscal Impact:
For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.
State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)
No impact
County Fiscal Impact
No impact
Federal Fiscal Impact
No impact
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule: / Re-Write of the Rules Regulating Child Placement AgenciesRule-making#: / 09-5-13-1
Office or Division/Program: Office of Children, Youth and Families/Division of Child Care / Rule Author: Dana Andrews / Phone: 303-866-5946
REGULATORY ANALYSIS (continued)
Other Fiscal Impact (such as providers, local governments, etc.)
Providers will be impacted by the rule changes in the areas of:
● Agencies that currently are not paying for professional liability service or in the correct amounts would see an increased cost for insurance per year based on the size of the agency.
● Some agencies would have to obtain sufficient cash resources from lines of credit, etc… to show they have at least two months cash reserve available for operating costs.
● Agencies who currently are co-mingling the client foreign fees into their operating expenses will have to change how they do their bookkeeping and may no longer rely on foreign country fees paid to the agency as operating expense monies.
● Agencies who currently charge prospective birth parents for counseling services if the birth parent does not relinquish the child would now have to absorb such costs into their operating budget and not seek monies from the prospective birth parents. (In criminal/fraud cases, this would not apply.)
● Agencies who currently do not scan their records for permanent storage will encounter costs for scanning equipment and staff input time or for outside professional resources to scan the records. Estimates will vary based on the number of records to be scanned.
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?
5. Alternatives to this Rule-making:
Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.
No alternatives were considered to this rule making.
Rule-making Form SBA-3b (10/08)
Title of Proposed Rule: / Re-Write of the Rules Regulating Child Placement AgenciesRule-making#: / 09-5-13-1
Office or Division/Program: Office of Children, Youth and Families/Division of Child Care / Rule Author: Dana Andrews / Phone: 303-866-5946
OVERVIEW OF PROPOSED RULE
Compare and/or contrast the content of the current regulation and the proposed change.
Section Numbers / Current Regulation / Proposed Change /Stakeholder Comment
The entire rule package has been reorganized and renumbered/re-lettered.7.710.1 / Definitions / Language is reorganized. Adds language to section defining terms used in Child Placement Agency Rules, applying to all Child Placement Agencies. / __ / Yes / X / No
7.710.21 / Governing Body / Adds language on requirements for non-profit agencies to have a board of directors and defines board member requirements; adds language that clarifies required annual evaluations, business practice requirements, and program and financial responsibilities. / __ / Yes / X / No
7.710.22,A / Financial Operation / Adds language that the approval of the annual budget must be recorded in the board of director meeting minutes. / __ / Yes / X / No
7.710.22, E-F
(formerly 7.710.22, D and E) / Financial Operation / Adds language that clarifies allowable expenditures and the criteria for unallowable expenses; agency provides correct documentation and verification of all funds controlled and expended; and, consequences of incorrectly documenting expenses. / __ / Yes / X / No
7.710.22, G
(formerly 7.710.22,F) / Financial Operation / Changes language from “negative licensing action” to “adverse licensing action”. / __ / Yes / X / No
7.710.23, A-B
(formerly 7.710.23) / Personnel Requirements / Language is reorganized. Clarifies that certain staff must reside in Colorado; submission of certified college transcripts; educational qualifications, work related experience, and references required for staff; number of staff which can be supervised, and the scope of duties for staff. / __ / Yes / X / No
7.710.24, A-D
(formerly 7.710.24) / Personnel Policy / Adds language to subsections that clarifies employee personnel policies, including policies for staff who work for other agencies. / __ / Yes / X / No
7.710.25, A
(formerly 7.710.25,A-B) / Personnel File / Adds language that clarifies all employees and contract workers must have personnel files which include college transcripts, letters of recommendation, previous performance evaluations, and background checks. / __ / Yes / X / No
7.710.26, A-E
(formerly 7.710.26,A-D) / Duties of the Executive Director, Placement Supervisor, Placement Worker, Paraprofessionals/ Trainees / Language is reorganized. Adds language about the CPA executive director’s office hours and schedule; various job responsibilities of the placement supervisor, placement worker and paraprofessional/trainees. / __ / Yes / X / No
7.710.32,A-B, D-E
(formerly 7.710.32,A-C) / Minimum Regulations / Deletes obsolete language regarding family child care home and CPAs/placement agencies in .32,A,B. Adds language that clarifies foster care certificates considered licenses; agency performs ethical placements according to regulations, statutes and requirements; and, agency does not disseminate or provide false information. / __ / Yes / X / No
7.710.34, A / Issuance/Denial of Certificate / Adds language that clarifies provisional foster care certificates may only be issued for 60 days from the date of the application. / __ / Yes / X / No
7.710.51, B-E
(formerly 7.710.51) / Placement of Children for Adoption / Adds language that requires the CPA agency only works with licensed facilitator to place children; agency works with an adoption coordinator in a foreign country; and, hosting programs and participating families must comply with Child Placement Agency rules. / __ / Yes / X / No
7.710.52, A
(formerly 7.710.52,A-P) / Adoption Definitions / Adds language to section defining Adoption Exchange and Administrative Notice Procedure pertaining to adoptions. / __ / Yes / X / No
7.710.53, A-B / Disclosure and Fee Information
(formerly Disclosure Information on Adoption Procedure) / Section heading renamed; language is reorganized. Clarifies information provided to applicants prior to payment of fees or signatures on contracts and agreements; information provided to birth or legal parents prior to providing services; and, information provided to birth parents prior to relinquishment of a newborn infant. Changes language in .53,A,4 from “international” to “inter-country” adoption, in .53,B adds the term “legal parent”. / __ / Yes / X / No
7.710.53, C-G
(formerly 7.710.53,A-B) / Disclosure and Fee Information
(formerly Disclosure Information on Adoption Procedure) / Clarifies information provided to applicant on fees and expenses charged by the CPA agency or third party vendor; and, procedures followed for refunds, pass-through or escrow account for all fees, and waivers of liability. / __ / Yes / X / No
7.710.54, A-C
(formerly 7.710.54,A-B) / Adoption Procedure / Clarifies requirements for finalized adoptions in Colorado and foreign countries, and for children emigrating to a foreign country. Changes language from “foreign country” to the “child’s country of origin”, from “INS” to “USCIS”, and from “post-placement” to “post-adoption services”. / __ / Yes / X / No
7.710.55, A-C / Training / Adds requirements for training for adoptive parents for all types of country and inter-country adoptions. / __ / Yes / X / No