Rule-making#: / 07-8-20-1
Program: Office of Children, Youth, and Family Services/ Divisions of Child Care and Child Welfare / Rule Author: Dana Andrews and
Connie Vigil / Phone:303-866-5946
STATEMENT OF BASIS AND PURPOSE
(as amended 12/7/2007)
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.)
These proposed rules implement provisions of H.B. 07-1090 and H.B. 07-1330.
H.B. 07-1090 concerns the adoption of a child by a person(s) that has a criminal history that would otherwise prohibit the individual from adopting the child. H.B. 07-1090 allows a licensed child placement agency or county department of human/social services to conduct an investigation of a prospective adoptive parent’s background only if the fingerprint-based criminal history records check reveals that the prospective adoptive parent was convicted of a felony or misdemeanor at least ten years prior to the application for adoption. Current rules for child placement agencies and county departments prohibit a person(s) from adopting if the person has been convicted of certain felonies. The rules for child placement agencies and county departments need to be modified to allow child placement agencies and county departments to study a person(s) for adoption that has a criminal history that is more than ten (10) years old that would normally exclude the person from adopting. The rules implementing H.B. 07-1090 will impact an unknown number of prospective adoptive parent(s) by allowing person(s) who may have made a mistake in their past, and who have turned their lies around, to proceed with the adoption of a child.
H.B. 07-1330 concerns the second-parent adoption of a child of a sole legal parent. In the petition for a second-parent adoption, the court shall require a written home study report prepared by a county department, designated qualified individual, or child placement agency. The Department recognizes qualified individuals to have been defined by the courts as individuals on the Child Welfare Adoption Vendor List and as contractors of a county department or child placement agency. The Department requires that all home studies for the purpose of adoption or foster care must be done in the structured analysis family evaluation (SAFE) format. The rules for child placement agencies and county departments need to be modified to define designated qualified individual, what needs to be involved to consider the second prospective parent to have been “included” in the first home study, and to clarify that a SAFE home study must be conducted.
Initial Review / 11/02/2007 / Final Adoption / 12/07/2007Proposed Effective Date / 12/07/2007 / EMERGENCY Adoption / 11/02/07 & 12/07/07
DOCUMENT 2
STATEMENT OF BASIS AND PURPOSE (continued)
An emergency rule-making (which waives the initial APA noticing requirements) is necessary:
X / to comply with state/federal law and/orX / to preserve of the public health, safety and welfare
Explain: H.B. 07–1090 went into effect 5/31/07 upon the Governor’s signature and H.B. 07-1330 went into effect 8/2/07, 90 days after the end of the regular legislative session. County departments, child placement agencies, prospective adoptive parents and attorneys are requesting guidance in the new process for both new laws. Emergency adoption is necessary to allow adoptions to proceed in the most expedient manner. Children’s safety and permanence is involved with the implementation of these rules.
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2007) - State Board to promulgate rules; 26-1-109, C.R.S. (2007) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2007)- State Board to promulgate rules for public assistance and welfare activities.
Program Authority: (give federal and/or state cite and a summary of the language authorizing the rule-making)
19-5-203(1)(d.5), C.R.S., as added by H.B. 07-1330 – availability for adoption; 19-5-207(2.5(a.5)(I), C.R.S., as added by H.B. 07-1090 – written consent and home study report for public adoptions, criminal history records check, investigations; 19-5-208(5), C.R.S., as amended by H.B. 07-1330 – petition for adoption; 19-5-210(1.5), C.R.S., as amended by H.B. 07-1330 – hearing on petition; 19-5-211(5), C.R.S., as amended by H.B. 07-1330 – legal effects of final decree; 26-6-106, C.R.S. (2007) – standards for facilities and agencies
Yes / X / NoX / Yes / No
Does the rule incorporate material by reference?
Does this rule repeat language found in statute?
If yes, please explain:
Language at 7.500.2,C,3, f-g and 7.710.56, K, 6, g-h is taken directly from the statute concerning an adoptive applicant’s ability to adopt a child when the applicant has a previous felony conviction.
State Board Administration will send this rule-making package to CCI, OSPB and the JBC. The program has sent this rule-packet to which stakeholders?
Foster Care and Adoption Agencies of Colorado (FCAAC), Colorado Association of Family and Children's Agencies (CAFCA), Catholic Charities, Adoption Option, Child Welfare Advisory Group (CWAG), and county adoption supervisors
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
Rule-making Form SBA-3a (9/05)
Title of Proposed Rule: / Implementation of Provisions from H.B. 07-1090 Regarding Prospective Adoptive Parent Background Checks and H.B. 07-1330 Regarding Second Parent AdoptionsRule-making#: / 07-8-20-1
Program: Office of Children, Youth and Family Services/ Divisions of Child Care and Child Welfare / Rule Author: Dana Andrews and
Connie Vigil / 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?
The rules implementing H.B. 07-1090 will benefit prospective adoptive parent(s) that had a felony criminal conviction more than ten years prior to initiating the adoption. The new rules will allow county departments and child placement agencies to conduct a home study of the family and a criminal background check. The information will then be submitted to the court for approval. This will allow individuals that may have made a mistake in their past to be able to adopt at this time.
The rules implementing H.B. 07-1330 will benefit individuals that have completed a single parent adoption to have another person also become an adoptive parent to the child(ren). This rule will benefit a child(ren) allowing the child(ren) to have two parents. The rule will require a complete home study of the second person to make sure the person is approved to complete the second parent adoption.
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?
The rules implementing H.B. 07-1090 will impact an unknown number of prospective adoptive parent(s) by allowing person(s) who may have made a mistake in their past, and who have turned their lives around, to proceed with the adoption of a child.
The rules implementing H.B. 07-1330 will impact person(s) who want to be a legal second parent of a child that currently only has one legal parent. The rules will impact children that currently only have one legal parent and will be able to have two legal parents to care for them. The rules should impact county departments and child placement agencies that will be involved in completing home studies on second parents prior to finalizing the second parent adoption.
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 CBMS change request costs required to implement this rule change)
The rules implementing H.B. 07-1090 will impact District Juvenile Courts by requiring them to review the home study and felony convictions that are more than ten years old to determine if the conviction should prohibit the individual from adopting a child.
The rules implementing H.B. 07-1330 will also impact District Juvenile Courts that will be finalizing second parent adoptions.
REGULATORY ANALYSIS (continued)
County Fiscal Impact
The rules implementing H.B. 07-1090 will impact county departments that are conducting home studies and fingerprint-based criminal record checks on prospective adoptive parent(s) that have convictions that are more than ten years old. The county department will be required to continue the process of studying the person(s) for the adoption and submitting the information to the District Juvenile Court for approval of the adoption. This will be a workload impact.
The rules implementing H.B. 07-1330 will impact county departments which may be required to conduct a home study of a person completing a second parent adoption. This will be a workload impact.
Federal Fiscal Impact
There is no federal fiscal impact.
Other Fiscal Impact (such as providers, local governments, etc.)
The rules implementing H.B. 07-1090 will impact child placement agencies(CPAs) that are conducting home studies and fingerprint-based criminal record checks on prospective adoptive parent(s) that have convictions that are more than ten years old. The CPAs will be required to continue the process of studying the person(s) for the adoption and submitting the information to the District Juvenile Court for approval of the adoption.
The rules implementing H.B. 07-1330 will impact child placement agencies which may be required to conduct a home study of a person completing a second parent adoption.
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, you 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 one of the listed alternatives.
No alternatives were considered as rules are required to implement both H.B. 07-1090 and H.B. 07-1330, and to provide clarification to both county departments and child placement agencies. Both the laws have gone into effect. County departments, child placement agencies, attorneys and parents are calling the Department for guidance and clarification on implementing these two new laws.
Rule-making Form SBA-3a (9/05)
Title of Proposed Rule: / Implementation of Provisions from H.B. 07-1090 Regarding Prospective Adoptive Parent Background Checks and H.B. 07-1330 Regarding Second Parent AdoptionsRule-making# / 07-8-20-1
Program: Office of Children, Youth and Family Services/ Divisions of Child Care and Child Welfare / Rule Author: Dana Andrews and
Connie Vigil / 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
7.500.2, A, 1 / Assessment of Foster and Adoptive Home including background of the family / Modifies the background of the family to include an interview with an individual considering a second parent adoption / ___ / Yes / X / No7.500.2, C, 3 / Other Requirements in the Assessment of Foster and Adoptive Home / Adds sub-section that defines when a county department or CPA may conduct a home study on an individual (s) that has a felony conviction / ___ / Yes / X / No
7.500.2, C, 4, a / Other Requirements in the Assessment of Foster and Adoptive Home / Adds section that requires a face-to-face interview with any person considering a second parent adoption / ___ / Yes / X / No
7.500.351, B, 5 / Applications and Adoption Services / Adds a sub-section that requires an individual applying to adopt a child(ren) to notify the county department if the home study will be used for a second parent adoption / ___ / Yes / X / No
7.500.351, D, 2, f / Qualifications for Completing Adoptive Home Study Reports / Adds a sub-section that defines who is a “designated qualified individual” and the requirements to be on the vendor list / ___ / Yes / X / No
7.710.52, F / Child Placement Agency Definitions Section / Adds definition of “Designated Qualified Individual” and “included in the home study assessment”; re-letters F-P / ___ / Yes / X / No
7.710.56 / Assessment of the Adoptive Family and Report / Revises the section to include requirements of a second parent adoption / ___ / Yes / X / No
OVERVIEW OF PROPOSED RULE (continued)
Section Numbers / Current Regulation / Proposed Change /Stakeholder Comment
7.710.56, K, 6, c / Assessment of the Adoptive Family and Report / Clarifies that “child pornography” is considered a crime against a child / ___ / Yes / X / No7.710.56, K, 6, g / Assessment of the Adoptive Family and Report / Adds a new sub-section that clarifies when a CPA can conduct a home study on an individual convicted of certain felonies / ___ / Yes / X / No
Rule-making Form SBA-3c (6/02)
Title of Proposed Rule: / Implementation of Provisions from H.B. 07-1090 Regarding Prospective Adoptive Parent Background Checks and H.B. 07-1330 Regarding Second Parent AdoptionsRule-making# / 07-8-20-1
Program: Office of Children, Youth and Family Services/ Divisions of Child Care and Child Welfare / Rule Author: Dana Andrews and
Connie Vigil / Phone: 303-866-5946
STAKEHOLDER COMMENT SUMMARY
The following individuals and/or entities were contacted and informed that this rule-making was proposed:
Foster Care and Adoption Agencies of Colorado (FCAAC), Colorado Association of Family and Children's Agencies (CAFCA), Catholic Charities, Adoption Option, Child Welfare Advisory Group (CWAG), and county adoption supervisors
Comments were received from stakeholders on the proposed rule-making:
Yes / X / NoIf “yes”, please summarize and/or attach the feedback you received:
Rule-making Form SBA-3d (6/02)