24 Matching Annotations
  1. May 2023
    1. Colorado’s vision is that all children, youth, parents or kin caregivers with these risk factors will be eligible for Title IV-E prevention services—both those who are involved in the child welfare system and those who have not been the subject of a child maltreatment report but share characteristics that deem them at serious risk of out-of-home placement.

      families who ARE INVOLVED. ....AND.... NOT INVOLVED with the child welfare system

    2. Reunification, adoption or guardianship arrangements that are at risk of disruption
    3. the existing system cannot just be modified; rather, a fundamental shift in service delivery and support to families must occur.

      **annotations were started in a draft version of this document (HERE) and then continued here.

    1. A child is considered to be a IV-E Prevention Candidate when:• The child is designated as being at “serious risk”of out-of-home placement (see FAQs for moreinformation);• There is a prevention/treatment plan in place forthe child/family; and,• The child and/or their family is receiving anevidence-based service (as identified throughColorado’s prevention plan)
    1. circumstancesandcharacteristicsthatputchildrenandyouthatseriousriskofenteringorre-enteringfostercareasidentifiedbyresearchandexperience

      The definition below describes the circumstances and characteristics that put children and youth at serious risk of entering or re-entering foster care as identified by research and experience.

    2. InColorado,theintentofplacementpreventionservicesistoproactivelystrengthenandsupportfamiliesasearlyaspossible,beforetheyareincrisis,regardlessofwhethertheyareformallyinvolvedwiththechildwelfaresystemornot

      In Colorado, the intent of placement prevention services is to proactively strengthen and support families as early as possible, before they are in crisis, regardless of whether they are formally involved with the child welfare system or not.

  2. Apr 2023
    1. • Make specific findings to deviate from the assessmentrequired in 19-1-115 (4)(h).• Make findings regarding why an alternative other thanQRTP does not meet the needs of the child/youth.• Lack of available placements cannot be a reason.• Make required findings:• QRTP provides the most effective appropriatelevel of care for the child/youth/juvenile in the leastrestrictive environment.• Consistent with the permanency plan (if set).• Consistent with the child/youth/juvenile’s short- andlong-term goals.• Set QRTP review prior to discharge date or no longerthan 90 days, see 19-1-115(4)(g)

      Benchcard QRTP Elgibility Scenario = Court Approves/Orders QRTP | IA does NOT Recommend QRTP

      Instruction to judge: * • Make specific findings to deviate from the assessment required in 19-1-115 (4)(h). * • Make findings regarding why an alternative other than QRTP does not meet the needs of the child/youth. * • Lack of available placements cannot be a reason. * • Make required findings: * • QRTP provides the most effective appropriate level of care for the child/youth/juvenile in the least restrictive environment. • Consistent with the permanency plan (if set). • Consistent with the child/youth/juvenile’s short- and long-term goals. • Set QRTP review prior to discharge date or no longer than 90 days, see 19-1-115(4)(g)

      *Also see Tags "candidate for foster care"

    1. Reasonable CandidatesReasonable candidates for foster care, for the purposes of Title IV-E program, are childrendetermined to be at risk of imminent placement out of the home as defined in Section 19-1-103(64), C.R.S. Administrative costs may be claimed for children who are determined to be atimminent risk of removal from the home through a voluntary placement agreement or court-ordered custody with the county department. A determination must be made as to whether thechild is at imminent risk of removal from the home no less frequently than every six (6) months.Reasonable efforts shall be made to prevent the removal of the child from the home until suchtime that pursuing removal of the child from the home becomes necessary.

      CODE OF COLORADO REGULATIONS 12 CCR 2509-7 Social Services Rule

      7.601.71 Title IV-E Foster Care

    1. If the court or administrative review division deviates from the qualified individual’s assessment and recommendation, the court or the administrative review division shall make specific findings of fact regarding the most effective, appropriate, and least restrictive placement for the child or youth and whether the placement is consistent with child- or youth-specific short- and long-term goals for the child or youth and the family. When making such findings of fact, the court or administrative review division shall consider all relevant information, including:(I) Whether the protocol for the qualified residential treatment program assessment was followed;(II) The strengths and specific treatment or service needs of the child or youth and the family;(III) The expected length of stay; and(IV) The placement preference of the child or youth and the family.

      C.R.S. 19-1-115 (4)(h)

    1. Candidate for Foster Care:For the purposes of Title IV-E Prevention Services,a child is a candidate for foster care when atserious risk of entering or reentering foster careand who is able to remain safely in the home withprovision of mental health, substance use disorder,or In-home parenting services for the child, parentor kin caregiver. Foster youth who are pregnant orparenting are also candidates.COLORADO'S FINALDEFINITION

      CODE OF COLORADO REGULATIONS 12 CCR 2509-7 Social Services Rule

      7.601.71 Title IV-E Foster Care

      https://hyp.is/QIxfltS6Ee2v9TdF1zkemg/www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=7351&fileName=12%20CCR%202509-7

    2. Coloradowants:• All kids who need services to have access toservices and to be served in their family’s homeor in a relative’s home whenever possible• Families to have what they need to keep theirfamily safe and together, and• Services available without requiring the family tobe involved in the child welfare system

      YOU DO???!!!!!! THEN LET'S GET TO IT

    3. FEDERAL DEFINITION OFCANDIDACYA “child who is a candidate for foster care” is defined asa child who is identified in a title IV-E prevention plan asbeing at imminent risk of entering foster care, but whocan remain safely in the child's home or in a kinshipplacement as long as the title IV-E prevention servicesthat are necessary to prevent the entry of the child intofoster care are provided”This includes a child whose adoption or guardianshiparrangement is at risk of a disruption or dissolution thatwould result in a foster care placement (section 475(13)of the Act).
  3. www.acf.hhs.gov www.acf.hhs.gov
    1. Question 1. May we claim Federal financial participation (FFP) for the administrative costs associated with foster care candidates even for children who never enter foster care? Answer Yes. Federal financial participation for administrative costs listed at 45 CFR 1356.60(c) may be claimed regardless of whether the child is actually placed in foster care and becomes a recipient of title IV-E foster care benefits. However, reimbursement is limited to those individuals the title IV-E agency reasonably views as candidates for title IV-E foster care maintenance payments consistent with section 472(i)(2) of the Social Security Act. The three acceptable methods of documentation indicating that a child is a candidate for title IV-E foster care benefits are: (1) A defined case plan which clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child, (2) an eligibility determination form which has been completed to establish the child's eligibility under title IV-E, or (3) evidence of court proceedings in relation to the removal of the child from the home, in the form of a petition to the court, a court order or a transcript of the court's proceedings. Should the title IV-E agency determine that the child is no longer a candidate for foster care at any point prior to the removal of the child from his home, subsequent activities will not be allowable for reimbursement of costs under title IV-E. Source/Date ACYF-CB-PA-87-05 (10/22/87); 7/7/2006; (12/17/2019) Legal and Related References Social Security Act - sections 471(a)(15), 472(i)(2), and 479B; DHHS Grant Appeals Board Decision No. 844; ACYF-CB-IM-06-02

      *Page [LINK], b/c the relay has a broken redirect*(https://www.acf.hhs.gov/cwpm/public_html/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=79)

      TL;DR: She qualifies for QRTP; custody/adjudication is not a requirement

      The three acceptable methods of documentation indicating that a child is a candidate for title IV-E foster care benefits are: (1) A defined case plan which clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child, (2) an eligibility determination form which has been completed to establish the child's eligibility under title IV-E, or (3) evidence of court proceedings in relation to the removal of the child from the home, in the form of a petition to the court, a court order or a transcript of the court's proceedings.

    2. By definition, a candidate is a child for whom the title IV-E agency is either pursuing or making reasonable efforts to prevent a remova
    3. Question 2. At what point may a child be considered a candidate for foster care? Answer A candidate for foster care is a child who is at serious risk of removal from home as evidenced by the title IV-E agency either pursuing his/her removal from the home or making reasonable efforts to prevent such removal. The basis for determining when a child may be considered a candidate for foster care can be found in statute, Departmental policy, and Departmental Appeals Board (DAB) decisions: STATUTE: Section 471(a)(15)(B)(i) of the Act provides the frame of reference for determining the point at which a child becomes a candidate for foster care by requiring a title IV-E agency to make reasonable efforts to prevent a child's removal from home. A child may not be considered a candidate for foster care solely because the title IV-E agency is involved with the child and his/her family. In order for the child to be considered a candidate for foster care, the title IV-E agency's involvement with the child and family must be for the specific purpose of either removing the child from the home or satisfying the reasonable efforts requirement with regard to preventing removal. DEPARTMENTAL POLICY: Stipulates the three acceptable methods for documenting a child's candidacy for title IV-E foster maintenance payments. The existence of these forms of documentation indicates that a child legitimately may be considered a candidate for foster care: 1) A defined case plan which clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child. The decision to remove a child from home is a significant legal and practice issue that is not entered into lightly. Therefore, a case plan that sets foster care as the goal for the child absent effective preventive services is an indication that the child is at serious risk of removal from his/her home because the title IV-E agency believes that a plan of action is needed to prevent that removal. 2) An eligibility determination form which has been completed to establish the child's eligibility for title IV-E foster care maintenance payments. Completing the documentation to establish a child's title IV-E eligibility is an indication that the title IV-E agency is anticipating the child's entry into foster care and that s/he is at serious risk of removal from home. Eligibility forms used to document a child's candidacy for foster care should include evidence that the child is at serious risk of removal from home. Evidence of AFDC eligibility in and of itself is insufficient to establish a child's candidacy for foster care. 3) Evidence of court proceedings in relation to the removal of the child from the home, in the form of a petition to the court, a court order or a transcript of the court proceedings. Clearly, if the title IV-E agency has initiated court proceedings to effect the child's removal from home, s/he is at serious risk of removal from the home. DAB DECISIONS: DAB Decision No. 1428 offers the following guidance for identifying the point at which a child may be considered a candidate: "...The methods of documenting candidacy [identified in the Department's policy guidance] involve activities which occur at a point when the state has initiated efforts to actually remove a child from his or her home or at the point the state has made a decision that the child should be placed in foster care unless preventive services are effective..." The DAB also ruled in Decision No. 1428 that a report of child abuse or neglect is insufficient for establishing a child's candidacy for foster care: "...The fact that a child is the subject of [a child abuse/neglect report] falls far short of establishing that the child is at serious risk of placement in foster care and thus of becoming eligible for IV-E assistance..." A candidate, in the opinion of the DAB, is a child who is at serious risk of removal from his/her home because the title IV-E agency is either pursuing that removal or attempting to prevent it. A child cannot be considered a candidate for foster care when the title IV-E agency has no formal involvement with the child or simply because s/he has been described as "at risk" due to circumstances such as social/interpersonal problems or a dysfunctional home environment. Source/Date ACYF-CB-PA-01-02 (7/3/01); (12/17/2019) Legal and Related References Social Security Act - sections 471(a)(15), 472(i), and 479B; Departmental Appeals Board Decision No. 1428
  4. Jul 2022
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