Rule-Making Standards and Procedures s4

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.)

Executive Order Executive Order D 2011-005 initiated a review of all rules in the Colorado Department of Human Services. For the Adoption Intermediary Commission, rules in the following section were identified for repeal. The Adoption Intermediary Commission’s mandate comes from the Colorado Revised Statutes. The Adoption Intermediary Commission’s process and procedures are included in its own bylaws.

The Adoption Intermediary Commission is comprised of members from public and private adoption agencies, training organizations and members of the adoption triad (birth parent, adoptive parent and adoptee). The commission’s function is to establish training standards and promulgate rules for training organizations and agencies who wish to be involved in active search and reunion programs; oversee such programs and handle any disciplinary issues or complaints; keep the Colorado Chief Justice apprized of a current list of Commission members and active intermediaries/agency searchers.

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

Explain: Not applicable

Authority for Rule:

Statutory Authority: 19-5-303, C.R.S., (2011) - creation of Adoption Intermediary Commission

______

Does the rule incorporate material by reference?

Does this rule repeat language found in statute?

If yes, please explain.

It is because the rules repeat language in statute that they are being repealed.

______

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

STATEMENT OF BASIS AND PURPOSE (continued)

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?

These rules will be sent to the Colorado Confidential Intermediary Services, agencies completing adoption searches and Child Welfare Sub-PAC. They will be presented to the Adoption Intermediary Commission on April 3, 2012 for a vote to repeal.

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 Adoption Intermediary Commission, the Colorado Confidential Intermediary Service and other private Child Placement Agencies who perform search for adoptees, adoptive parents, birth parents and relatives of these three groups.

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?

These rules are not necessary as the commission is mandated in statute and the Commission’s process and procedures are included in their bylaws.

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)

There will be no state fiscal impact by repealing these rules.

County Fiscal Impact

There will be no county impact by repealing these rules.

Federal Fiscal Impact

There will be no federal fiscal impact by repealing these rules.

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

There will be no other fiscal impact to other entities by repealing these rules.

4. Data Description:

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

No data was relied upon in deciding to repeal these rules.

5. Alternatives to this Rule-making: The rules are being repealed and will require a vote by the Commission.

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.

These rules are being repealed.

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

OVERVIEW OF PROPOSED RULE

Compare and/or contrast the content of the current regulation and the proposed change.

Stakeholder Comment

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, and Sub-PAC):

These rules are being repealed because the Commission is mandated in statute and the Commission’s process and procedures are included in its bylaws.

THIS RULE-MAKING PACKAGE

The following individuals and/or entities were contacted and informed that this rule-making was proposed for consideration by the State Board of Human Services:

The Commission, as is required by the Administrative Procedure Act, will vote on the request for repeal at its meeting on April 3, 2012.

Are other State Agencies (such as Colorado Department of Health Care Policy and Financing) impacted by these rules? If so, have they been contacted and provided input on the proposed rules?

Have these rules been reviewed by the appropriate Sub-PAC Committee?

Date presented _March 8, 2012_____. Were there any issues raised? ____ Yes __X__ No

If not, why. These rules were adopted by the Adoption Intermediary Commission, a Type 1 Board and apply only to that Commission.

Comments were received from stakeholders on the proposed rules:

If “yes” to any of the above questions, summarize and/or attach the feedback received by specifying the section and including the Department/Office/Division response. Provide proof of agreement or ongoing issues with a letter or public testimony by the stakeholder.

Rule-making Form SBA-3d (12/11)

THE COLORADO DEPARTMENT OF HUMAN SERVICES

ADOPTION INTERMEDIARY COMMISSION

RULES OF PROCEDURE

(12 CCR 2515-1)

ADOPTION INTERMEDIARY COMMISSION: RULES OF PROCEDURE

TABLE OF CONTENTS

RULES OF PROCEDURE

ARTICLE I

Name...... …1

ARTICLE II

Purpose...... …1

ARTICLE III

Commission Membership...... ……………………………………………………………………..1

Section 1...... …1

Section 2...... 1

Section 3...... 2

Section 4...... 2

ARTICLE IV

Officers...... 2

ARTICLE V

Election...... 2

ARTICLE VI

Meetings...... 2

Section 1...... ……2

Section 2...... ….2

Section 3...... ….2

Section 4...... ….2

ARTICLE VII

Committees...... ….3

Section 1...... ….3

Section 2...... ….3

ARTICLE VIII

Parliamentary Authority...... ……………………………………………………………….3

ARTICLE IX

Effective Date...... 3

ADOPTION INTERMEDIARY COMMISSION: RULES OF PROCEDURE

RULES OF PROCEDURE

ADOPTION INTERMEDIARY COMMISSION

STATE OF COLORADO

ARTICLE I Name

The name of this organization shall be the ADOPTION INTERMEDIARY COMMISSION. The Commission is established by Section 19-5-301, C.R.S. (1989).

ARTICLE II Purpose

The purposes of the Commission are to:

(a) Administer a confidential process whereby adult adoptees and adoptive parents who desire information concerning their or their child’s adoption, and biological parents and siblings who desire information concerning an adult adoptee may pursue access to such information; and

(b) Create a pool of the individuals who the courts and interested parties may call upon to initiate a search for a biological relative.

ARTICLE III Commission Membership

Section 1. Membership is determined as set forth at Section 19-5-303(1)(a)-(d), C.R.S. (1989).

Section 2. If any member of the Commission has three consecutive unexcused absences, it will be assumed that he or she wishes to terminate his or her membership. Further, a Commission member may submit a letter of resignation requesting termination of his or her term to the appropriate appointing authority, either the Chief Justice or the Executive Director of the State of Colorado Department of Social HUMAN Services. The necessary procedures to obtain a replacement will be instituted following three consecutive unexcused absences or following receipt of a letter of resignation.

Section 3. The Chief Justice or his designee, and the Executive Director of the Department of Social HUMAN Services and his or her designee have and retain the right to make any changes in the membership of the Commission, regardless of the attendance record of the member involved.

Section 4. Appointments will be for an indefinite term and the members serve at the pleasure of the Chief Justice and the Executive Director of the Department of Social HUMAN Services.

ARTICLE IV Officers

The officers of this organization shall be the Chairman, the Vice Chairman, and a Secretary.

ARTICLE V Election

The Chairman, Vice Chairman, and Secretary shall be elected by the Commission annually at the April meeting.

ADOPTION INTERMEDIARY COMMISSION: RULES OF PROCEDURE

ARTICLE VI Meetings

Section 1. The Commission shall meet as often as necessary to carry out its duties, but in no instance shall it meet less than annually. To undertake the responsibilities set forth in the Act, at the earliest possible date, the commission will meet on the fourth Thursday of each month. After completion of the initial duties, the Commission may change the meeting frequency.

Section 2. Special meetings may be called by the Chairman or shall be called upon the request of two-thirds of the membership.

Section 3. A majority of the members shall constitute a quorum of any meeting of the Commission.

Section 4. The regular April meeting shall be known as the Annual Meeting and shall be for the purpose of electing officers or for any other business that may arise.

ARTICLE VII Committees

Section 1. The Commission shall create as many committees as are necessary to carry on the work of the organization.

Section 2. Chairpersons of the committees must be members of the Commission; however, the balance of membership of these committees may be composed of other than members of the Commission. Chairpersons who augment their committees with non-members will do so with the approval of the Commission.

ARTICLE VIII Parliamentary Authority

The rules contained in “Roberts Rules of Order, Revised” shall govern this Commission and to all cases to which they are applicable.

ARTICLE IX Effective Date

These Rules of Procedure were originally effective on June 22, 1989.

THE COLORADO DEPARTMENT OF HUMAN SERVICES

ADOPTION INTERMEDIARY COMMISSION

STANDARDS FOR TRAINING

CONFIDENTIAL INTERMEDIARIES

(12 CCR 2515-2)

MANUAL OF STANDARDS FOR TRAINING CONFIDENTIAL INTERMEDIARIES

TABLE OF CONTENTS

Preamble ...... ………………………………………………………………………

Intermediary Standards...... ……………………………………………………………….

Knowledge...... …………………………………………………….……..

Interpersonal Skills...... ………………………………………………….

Search Skills and Procedures...... ……………………………………..

Ethics...... …………………………………………………………………

Organization Standards...... ……………………………………………………………...

Screening...... ………………………………………………………………..

Train and Certify...... ……………………………………………………..

Monitoring and Support...... …………………………………………………….

Evaluation and Training...... ……………………………………………………..

Reports to the Commission.....…………………………………………………………………

Training Standards...... ………………………………………………………...

Fees...... ………………………………………………………………………………….

ADOPTION INTERMEDIARY COMMISSION

MANUAL OF STANDARDS

FOR TRAINING

CONFIDENTIAL INTERMEDIARIES

24.100 PREAMBLE

The Adoption Intermediary Commission was created by 19-5-303, C.R.S., and has been charged by the Colorado General Assembly with the task of preparing this Manual of Standards for training Confidential Intermediaries. This Manual is the result of many hours of work by persons representing all facets of the adoption experience and is hereby presented to the public with the hope that, by following its standards, Colorado may have a Confidential Intermediary Program that is a model for other states and countries.

It is the purpose of the Commission to provide this Manual of Standards to establish standards for minimum performance by Confidential Intermediaries and to insure confidentiality of the process. It is hoped that these standards will encourage individuals and organizations to develop better standards.

24.200 INTERMEDIARY STANDARDS

24.210 Introduction

The Commission received a great deal of input as to how Confidential Intermediaries should perform their services. After careful consideration of the overall performance desired in Intermediaries, the Commission decided that a Confidential Intermediary’s standards of performance should be divided into four basic categories: knowledge; interpersonal skills; search skills and procedures; and ethics. It is hoped that the standards set forth in this section will provide a good working outline of what makes a good Confidential Intermediary.