DEPARTMENT OF HUMAN SERVICES
Social Services Rules
CHILD CARE FACILITY LICENSING
12 CCR 2509-8
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7.701.200 The Reasonable And Prudent Parent Standard Requirements For Facilities Providing Twenty-Four (24) Hour Out-Of-Home Care To Approve Activities For A Child Or Youth In Foster Care
Children and youth in foster care are entitled to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities as part of their well-being needs.
Providers shall use a “reasonable and prudent parent standard” when determining whether to allow a child or youth in foster care, under the responsibility of the county or in non-secure residential settings under the Division of Youth Services to participate in such activities following the criteria in A and B:
A. For an activity to be approved consistent with the reasonable and prudent parent standard, the activity must:
1. Maintain the health, safety, and best interests of each child or youth;
2. Encourage his/her emotional and developmental growth;
3. Be age or developmentally appropriate; and,
4. Is otherwise appropriate for the provider to approve.
B. When applying the reasonable and prudent parent standard and prior to approval of the activity, the provider shall take reasonable steps to obtain or determine:
1. Adequate information about the child or youth, including the youth’s particular religious, cultural, social, or behavioral attributes and preferences;
2. Behavioral and/or mental health stability of the child or youth;
3. The age or developmental appropriateness of the activity; and,
4. Whether the risk of reasonably foreseeable harm involved in the activity is at an acceptable level.
C. The out-of-home care providers of children and/or youth placed in their care by the responsible county department of human or social services or DYS shall receive the same state training in applying the reasonable and prudent parent standard, and shall receive ongoing training by their respective certifying or sponsoring agencies or governing body
D. At least one trained (1) staff or administrator in a specialized group facility or Residential Child Care Facility (RCCF) shall be designated as authorized to apply the reasonable and prudent parent standard to decisions involving the participation of a child or youth in extracurricular, enrichment, cultural, or social activities.
E. The rationale used to authorize an activity for a child or youth shall be clearly documented in the facility records and provided in a timely manner to the county department of human or social services or DYS using the contracted, written reporting format.
1. The facility shall consult with and obtain a current copy of the policy from the responsible county department of human or social services or DYS regarding activities that are considered appropriate for the facility to approve.
The responsible county department of human or social services or DYS may restrict certain activities based upon the documented exceptional needs and circumstances of a child or youth in foster care, which impact his/her unique safety needs.
2. The wishes of the parents/legal custodian shall be considered, including cultural implications, whenever practical.
3. The facility may consult with the responsible agency for guidance about individual cases.
F. Providers shall not incur liability to the State Department or to the county department of human or social services because of an extracurricular, enrichment, cultural, or social activity approved by the provider if the provider demonstrates compliance with the reasonable and prudent parent standard. In a child welfare investigation arising out of such an activity approved by the provider, the facility shall not be founded for institutional neglect if the provider demonstrates compliance with the reasonable and prudent parent standard.
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7.708.42 Food and Nutrition
A. The foster care home shall provide nutritious foods in the variety and amounts as appropriate for the age, appetite, and activity of each foster child in care.
B. At least three nourishing, wholesome, well-balanced meals a day shall be offered at regular intervals except when foster children receive their morning and/or noon meal(s) at school. No more than fourteen (14) hours shall elapse between the evening and morning meals. Nourishing snacks shall be part of the daily food provided.
C. Family meals including all children and adults present in the home shall be provided whenever possible.
D. Foster children shall be encouraged to eat a variety of the food served but shall not be subjected to undue coercion, including forced feeding, or punished for refusal to eat.
E. All food shall be from sources approved or considered satisfactory by the health authority. All foods shall be stored, prepared, and served in such a manner as to be clean, wholesome, free from spoilage, and safe for human consumption. Only pasteurized milk shall be served. Fruits, vegetables and meats may be frozen.
F. There shall be a record made of the special diets prescribed and prepared for a foster child.
G. Foster children must not be given foods that are contrary to their religious beliefs, or of their family, or are known to cause an allergic reaction or a health hazard.
H. Water shall be readily accessible to foster children.
I. Common drinking cups shall not be permitted
7.710 RULES AND REGULATIONS FOR CHILD PLACEMENT AGENCIES
All child placement agencies shall comply with the “General Rules for Child Care Facilities” and “Rules and Regulations for Child Placement Agencies” and shall comply with the “Rules Regulating Foster Care Homes” for any homes certified by the Child Placement Agency, “Rules Regulating Host Family Homes” for any host home certified by the Child Placement Agency, and the “Specialized Group Facilities” rules for any Specialized Group Facility sponsored by the Child Placement Agency.
7.710.1 GENERAL DEFINITIONS
“Arrange for placement” means to act as an intermediary by assisting a parent or guardian or legal custodian to place or plan to place a child with other than persons related to the child for the purpose of foster care or for the purpose of adoption.
“Average sufficient cash reserve” means the computed monthly average cost over the recent ongoing twelve-(12) month period to determine the amounts spent on operating expenses for the agency including, but not limited to, staff salaries; contract reimbursements; employment, unemployment, and other taxes; insurance and retirement benefits; foster care payments; other provider reimbursement fees; health, therapy, transportation and support services for children in care; foreign country fees, office mortgage or rent payments; transportation costs; communications; or, any other expense needed for the agency to function, including a line of credit. The minimum allowable average sufficient cash reserve that an agency must maintain at all times is at least two months’ of the average monthly cost.
“Background checks” means a set of required records that are obtained and analyzed to determine whether the history of a prospective foster parent, kinship foster parent, non-certified kin, or adoptive parent meets legal and safety criteria when considering the placement or continued placement of children and in the care of the person(s). The checks include all adults residing in the home. The following individual checks are required pursuant to 19-3-406 C.R.S, 19-3-407 C.R.S, and 26-6-103, C.R.S:
1. CBI and FBI finger-print based criminal history record information;
2. Court case management system;
3. State automated case management system and child abuse and/or neglect registries in all states that adults living in the home have resided in the five years preceding the date of application; and,
4. The CBI sex offender registry and national sex offender public website operated by the United States Department of Justice using the following minimum criteria:
a. Known names and addresses of each adult residing in the home
b. Address only of the residence
“Bonding” means an insurance bond issued through a financial or insurance entity.
“Certification” means the process by which the county department of social/human services or a child placement agency approves the operation of a foster care home and/or a licensed host family home.
“Child placement” means to coordinate, arrange, and approve the process of a child entering an unrelated home or facility to be cared for on a temporary, long-term, or adoptive basis.
“Child Placement Agency (CPA)”, defined at Section 26-6-102(2), C.R.S., means any corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, facilitates placement for a fee, or who arranges for placement, any child under the age of eighteen (18) years with any family, person, or institution for the purposes of foster care, treatment and/or adoption. The natural or adoptive parents or legal guardian of any child who places that child for care with any facility licensed as a “family care home” or “child care center,” as defined by this section, shall not be deemed to be a CPA.
“Conflict of interest” means a situation that has the potential to undermine the impartiality of an individual because of the possibility of a clash between the individual’s self-interest or other professional-interest.
“Cradle care home” means a facility that is certified by a child placement agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve (12) months of age or younger, in a place of residence for the purpose of providing twenty-four (24) hour family care for six (6) months or less or children pursuant to Article 5 of Title 19, C.R.S., or while a county department prepares an expedited permanency plan for an infant in its custody.
“Current reference” means a reference dated within one (1) year of the time of application for employment with agency.
“Foster care home” (refer to Section 7.000.2 in 1 CCR 2509-1).
“Generally Accepted Accounting Principles” (GAAP) means the standard framework of guidelines for financial accounting.
“Licensed host family home” is defined as a home that is certified by the county department or a child placement agency as meeting the requirements for providing shelter to homeless youth.
“Licensing” means the process by which the Colorado Department of Human Services approves a facility or agency for the purpose of conducting business as a child care facility or child placement agency.
“Multi-service agency” is an organization that provides additional community services and programs other than foster care and adoption.
“Program director in a multi-services agency” is the person responsible for overseeing the foster care and/or adoption program of the organization.
“Quality improvement program” means a review of the services and outcomes of such services provided to applicants and a procedure for tracking such outcomes to determine if changes need to be made to the system to improve delivery of such services.
“Relative”, except as used in the definition of foster care home, means any of the following relationships by blood, marriage, civil union or adoption: parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.
“Risk assessment” means a review and assessment by an insurance or financial specialist to determine the liability an agency carries for the services it offers and the work it performs.
“SAFE (Structured Analysis Family Evaluation)” is the tool used to create a home study assessment on a family or individual, who are seeking to provide foster care or adopt a child.
“SAFE Home Study Addendum” is the format used to record and evaluate changes to the home study assessment as new information is known to the agency.
“SAFE Home Study Update” is the format used to document the annual agency review and evaluation of the home study assessment.
“Social and behavioral sciences” includes sociology, psychology, social work, criminal justice, human services, human development, and counseling.
“Specialized Group Facility Supervisor” means the professional, paid staff member of the Child Placement Agency who oversees the services provided and staff of the specialized group facility.
“Unreasonably high” means the fees, wages, or salaries paid to the directors, officers, and employees of the agency are excessively high in relation to the services actually rendered, taking into account the area in which the services are provided and norms for compensation within the community, including factors such as the location, number, and qualifications of staff, workload requirements, budget; and size of the agency or person.
“Well-being plan” means a written plan that lists the temporary changes to the child’s or youth’s daily routines or treatment plan, due to behavioral, safety, medical, or mental health needs of the child or youth. Such plan shall be signed by members of the treatment team, including the child or youth, and shall be time limited only to the duration needed to ensure the safety of the child or youth. Such plan shall be reviewed daily and overseen by the placement supervisor.
7.710.2 GOVERNING BODY
A. Any agency from out of state assisting with, facilitating for a fee, or placing a child within Colorado for the purpose of adoption must meet the ICPC requirements of the sending state, or be licensed as a CPA by the Colorado Department of Human Services (the State Department) unless the placement services are coordinated with and provided by a county department of social services or a CPA licensed by the State of Colorado.
B. A CPA may not be operated without a license, as required by law, which license is to be issued by the State Department in conformity with all rules and regulations contained within Section 7.710, et seq.
C. Any Colorado entity, other than a CPA licensed in Colorado, or individual, other than a biological or legal parent of a child, may not assist or arrange for the placement of a child with a Colorado family for the ultimate purpose of adoption without first being licensed as a CPA.
D. A child placement agency may only accept applications from and certify families for foster care within the State of Colorado.
E. The governing body shall be the corporation, partnership, association, firm, agency, institution or person in whom the ultimate authority and legal responsibility is vested for the conduct of the CPA.
F. The governing body shall be identified by its legal name. Each not-for profit child placement agency shall have a board of directors. If the board has community members, such community members shall neither be employed by or contracted to the CPA, nor related to any individual employed by or contracted to the CPA. Persons whose children are currently in placement (either voluntarily or involuntarily) through the CPA may serve on the board, but may not vote on any measure or issue related to the care of their child during the time such children are in placement. Minutes from all board meetings shall be maintained for a period of at least five (5) years and must be available to the State Department upon request.