Rule-Making Standards and Procedures s27

Title of Proposed Rule: / Implementation of the National Youth in Transition Database (NYTD); Revision of the Family Services Plan Documentation; and, Clarification of Chafee Eligibility
Rule-making#: / 10-4-6-1
Office or Division/Program: Division of Child Welfare / Rule Author: Shirley Dodd / Phone: 303-866-4539
E-Mail:

(as amended)

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.)

The Department must create new rules in order to comply with the Chafee National Youth in Transition Database (NYTD). The federal regulations require states to collect and report specified data.

The proposed rule, cited in Section 7.305.3, requires counties to enter the following NYTD required information into the State automated data system:

● Basic demographic information;

● Child/youth characteristics;

● Independent living service, paid for or provided by the state agency;

● Outcomes Surveys of the Baseline Population of youth in foster care who become age seventeen (17) from October 1, 2010 to September 30, 2011, and every third federal fiscal year thereafter; and,

● Outcomes Survey of the Follow-up Population of youth that reach age nineteen (19) and again when the same youth reach age twenty-one (21); and, who were in the Baseline Population.

Section 7.301.24 adds a requirement to document planned services for children and youth under age sixteen (16) to comply with the National Youth in Transition Database (NYTD) requirements.

The proposed changes to 7.305.42, B, 3 and 4, clarify the Chafee eligible population. The Chafee Foster Care Independence Program provides independent living skill building services to foster care youth that are anticipated to be in foster care beyond their 18th birthday. The goal of the Chafee Program is to prepare youth to be self-sufficient adults.

An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:

X / to comply with state/federal law and/or
to preserve public health, safety and welfare

Explain: Federal regulations require an effective date for implementation of the National Youth in Transition Database of October 1, 2010. If this rule is not in place on October 1, 2010, there is a potential for a federal fiscal penalty.

Initial Review / 08/06/2010 / Final Adoption / 09/10/2010
Proposed Effective Date / 10/01/2010 (emergency)
11/01/2010 (final) / EMERGENCY Adoption / 10/01/2010

DOCUMENT 1

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[Note: “Strikethrough” indicates deletion from existing rules, “all caps” indicates addition of new rules,

and brackets reflect changes since initial publication.]

STATEMENT OF BASIS AND PURPOSE (continued)

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)

26-5-102, C.R.S. (2009) – allows the Department to adopt rules to establish a program of child welfare services;

45 CFR Part 1356 - implements the requirements of Section 477(f) of the Social Security Act (Public Law 106-169)

Yes / X / No
Yes / 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?

Bridging the Gap; Colorado Association of Family and Children’s Agencies; Colorado State Foster Parent Association; Colorado Trails User Group; Colorado Youth Leadership Team, county directors, adoption supervisors, foster care/resource supervisors, Chafee supervisors, caseworkers and youth leadership boards/teams; Governor’s Office of Information Technology; the Permanency Task Group; Child Welfare Sub PAC; and, CDHS Administrative Review Division, Division of Child Welfare, Division of Field Administration

Attachments:

Regulatory Analysis

Overview of Proposed Rule

Stakeholder Comment Summary

Rule-making Form SBA-3a (08/09)

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?

The Department and the county departments will bear the burden of implementation and will benefit from the collected and reported data. Youth will benefit from data informed service delivery.

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?

● Family Service Plan Out-of-Home Placement Documentation

For 7.301.24, K, the Department will benefit, in the long-term, by having documentation in the Family Services Plan of the services provided to children and youth. This will assist the State Department to fulfill oversight responsibilities, to provide guidance to county departments, and to meet Child and Family Services Review (CFSR) outcome standards.

County departments already develop and document services in the Family Services Plans. This proposed rule revision adds a population of children and youth for which independent living skills are identified and documented in the Family Services Plan.

The county departments will benefit, in the long-term by having data informed programming.

Children and youth will have an age appropriate opportunity to participate in the development of the independent living services portion of the Family Services Plan.

Children and youth will also benefit, in the long-term, by receiving services and programs guided by data.

● National Youth in Transition Database (NYTD)

For Section 7.305.3, the Department will be adversely impacted if found to be in non-compliance with the requirements of the NYTD. The Department will benefit from efficiencies and efficacies resulting from data informed policies.

The county departments will benefit by having information about the number and types of independent living services provided to each youth and the outcomes reported on the outcome surveys. The data will inform strategic planning for efficient and effective use of resources for programs, projects and services.

The county departments will be adversely impacted if the Department incurs federal fiscal penalties for non-compliance of the federal NYTD requirements because the State would not be able to fund the counties at the current level if federal fiscal penalties are applied.

Rule-making Form SBA-3b (10/08)

REGULATORY ANALYSIS (continued)

Foster care youth and emancipated foster care youth will benefit by having a voice in State policies through their participation in the NYTD Baseline Outcomes Surveys and the Follow-up Outcomes Surveys. The surveys ask specific questions designed to measure the youth/young adult’s progress toward self-sufficiency. The outcomes surveys compare the outcomes against the independent living services that were provided to them. Future foster care youth will receive a benefit from data informed programming. The youth could be adversely impacted if there is a reduction in services due to a federal fiscal penalty if the Department is found to be in non-compliance with NYTD requirements.

In the short-term and long- term, the outcomes reported on the Outcome Surveys inform policy and practice to gain better outcomes for youth.

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)

For Section 7.301.24, K, the National Youth in Transition Database (NYTD) federal rule requires collection and reporting of all independent living skills paid for or provided by the State Chafee Agency. Although current rules allow independent living services to be provided to children and youth under age sixteen, documenting the independent living services in the Family Services Plan is not currently required in rule. NYTD requires that independent living services are to be collected and reported for all youth regardless of age. There is a federal fiscal penalty of up to five percent (5%) of the Chafee Foster Care Independence Program each year that the Department is found to be in non-compliance.

For Section 7.305.3, the NYTD federal rule requires up to five percent (5%) federal fiscal penalty each year the Department is found to be in non-compliance. The Chafee Foster Care Independence Program (CFCIP) receives one hundred percent (100%) federal funding to provide independent living services for children and youth in foster care with an Other Planned Permanent Living Arrangement goal, youth entering adoption assistance at age sixteen, youth entering guardianship assistance at age sixteen; and, all CFCIP eligible youth that emancipated from foster care, adoption assistance or guardianship assistance up to age twenty-one. If the State Department is found to be in non-compliance with NYTD requirements, there will be decreased funding. This would result in fewer available resources for the Department and for county departments for independent living services. Former foster youth are already at risk of homelessness, underemployment and financial instability. Diminished services have the potential of decreasing youth safety and increasing instability.

REGULATORY ANALYSIS (continued)

For Section 7.305.42, B, 3 and 4, there is no fiscal impact since this is a technical clarification of an existing rule.

The Governor’s Office of Information Technology has not received additional federal funding for Trails enhancements for NYTD. The Department provided $75,000 for the NYTD Trails enhancement. The Governor’s Office of Information Technology staff, CDHS program staff, and county staff have collaborated throughout the NYTD enhancement.

County Fiscal Impact

For Section 7.301.24, K, since existing rule encourages the provision of independent living skills for foster youth under age sixteen (16) and requires counties to determine needs and document tasks in the Family Services Plans, the impact to county departments is neutral.

For Section 7.305.3, since current rules state that county departments should provide independent living services to foster care youth under age sixteen, shall provide independent living services to foster care youth age sixteen to age twenty-one, and shall document the services, the NYTD required documentation is cost neutral.

For the outcomes surveys, caseworkers are already required to meet with the youth every month. The caseworker could bring the survey for the youth to complete during the month of the youth’s birthday for those youth with an open county involvement. According to the statewide database there are one and one-half (1.5) youth turning age seventeen per day. There are fewer nineteen-year-old young adults with open county involvement and no twenty-one-year old adults with open county involvement.

Federal Fiscal Impact

None

Other Fiscal Impact (such as providers, local governments, etc.)

There is no fiscal impact; however, children and youth potentially have better outcomes when they participate in the Family Services Plan development. Better outcomes for emancipated youth translate into adult self-sufficiency.

4. Data Description:

List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?

The Federal Register, 45 CFR Part 1356, implementing requirements of Section 477(f) of the Social Security Act, provides, in detail, the specific data to be collected and reported, the reporting timelines, and the sanctions when states are found to be in non-compliance with the federal requirements.

The data used to develop this rule was obtained from the State’s automated data system.

REGULATORY ANALYSIS (continued)

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.

Other alternatives or to take no action were not considered because the state must be in compliance with federal law in order to avoid federal fiscal sanctions.

Rule-making Form SBA-3b (10/08)

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

7.301.24, K / Family Services Plan documentation / Added description of services and plan to prepare children and youth under age 16 for self-sufficiency; re-lettered K-P / _X_ / Yes / _ / No
7.305.3 through 7.305.33 / None / Added National Youth in Transition Database / _X_ / Yes / _ / No
7.305.42, B and C / Chafee eligibility / Clarified eligibility / __ / Yes / X / No

Rule-making Form SBA-3c (10/08)

STAKEHOLDER COMMENT SUMMARY

DEVELOPMENT

The following individuals and/or entities were included in the development of these proposed rules (such as other Program Areas, Legislative Liaison, Sub-PAC, and the Child Welfare Action Committee):