The county department shall complete the Family Services Plan document for each child/youth receiving services to assure that the child/youth's needs for safety, permanency, and well-being are met. The Family Services Plan shall incorporate the following principles:
7.301.24FAMILY SERVICE PLAN OUT-OF-HOME PLACEMENT DOCUMENTATIONFor child(ren)/youth in out-of-home placement, the Family Services Plan documents:
A. The child/youth meets all of the out-of-home placement criteria listed in Section 7.304.3.B. When the child/youth is part of a sibling group and the sibling group is being placed out of the home, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children/youth in order to sustain family relationships. Such presumption may be rebutted by the county by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child/youth or of the children/youth. The county shall make reasonable and continued efforts to locate a joint placement for all of the children/youth in the sibling group unless:(1) it is not in the best interests of the children/youth to be placed as a group as determined by the county in consultation with the family, youth, and GAL/Counsel for youth (CFY) when possible, and(2) these efforts unreasonably delay permanency for any child/youth. These efforts depend upon the county's ability to locate an appropriate, capable, willing, and available joint placement for all of the children/youth in the sibling group. As soon as practicable after making a decision affecting sibling placement, the county department shall notify the GAL(s) and/or counsel for youth appointed to the case. Efforts to place siblings as a group shall be documented in the Colorado child welfare information system (CCWIS).
C. The problems to be resolved in order to facilitate reunification of the child/youth and family, and to safely maintain the child/youth in the home.D. A description of the type of facility in which the child/youth is placed and the reason(s) the placement is appropriate and safe for the child/youth.E. A description of the county's efforts to place the child/youth in reasonable proximity to the home of the parents and to the "school of origin" as defined in § 22-32-138(g), C.R.S. For a child/youth placed a substantial distance from the home of the parent(s), from his or her "school of origin," or in out-of-state placement, the county shall document how the placement meets the best interests of the child/youth, including how the county took into account proximity to parents and school in making its placement decision (see sections 7.304.54, J and 7.301.241).F. A summary of efforts to ensure educational stability as outlined in Section 7.301.241.G. That the placement is the least restrictive, safe, and most appropriate setting available consistent with the best interests and specific needs of the child. This includes documentation of initial and on-going efforts to place the child/youth with kin. If the child/youth is moved to a more restrictive placement after the initial placement, the Family Services Plan documents how the more restrictive placement meets the child/youth's needs.
H. Health and educational information shall be documented in the State Department's automated system and updated at the time of each case review, including addresses and other contact information about the child/youth's current:1. Education providers, including school, school district, and Board of Cooperative Education Services (BOCES) contacts who assist in the coordination of enrollment and services, and the child/youth's academic progress.2. Health care providers and the status of health care information.I. Specific plans for how the county will carry out any court determinations or orders concerning the child/youth.J. A description of the services and resources needed by the foster parents or kinship providers to meet the needs of the child/youth and how those services and resources will be provided.K. family time requirements for the purposes of preserving and strengthening family ties in the most home-like environment and to promote cultural connections whenever possible. The county department shall encourage the maximum parent, child, and sibling contact possible, including regular family time and participation by the parents in the care of the child or youth, when it is in the best interest of the child or youth. At a minimum, the family time plan shall address the following:
1. frequency, length (duration), location.2. persons who may be present;3. if family time must be supervised, and who will provide that supervision;4. if informal resources are available and appropriate for transportation and supervision. These resources must not compromise the child's or youth's mental, emotional, or physical health or safety.5. the child's or youth's additional opportunities to communicate with a parent, sibling, or other relative. L. For child(ren) under the age of fourteen (14), a description of services and a plan for accomplishing tasks to prepare child(ren) to be age appropriately self-sufficient, when independent living services are provided.M. For youth aged fourteen (14) and older, a roadmap to success as early in placement as possible but no later than sixty (60) calendar days after the youth's fourteenth (14th) birthday.N. Reasonable efforts have been made to maintain the child/youth in the home, or prevent or eliminate the need for removal of the child/youth from the home, or make it possible for the child/youth to return to the home; or when applicable, documentation of the circumstances that exist in which reasonable efforts to prevent removal or reunite the child and the family are not required (see Section 7.304.53, B, 3).O. The specified permanency goal for the child/youth shall be based on the individual needs and best interests of the child/youth. Permanency goals shall include one of the following: * Remain home;
* Return home;
* Permanent placement with a relative through adoption;
* Permanent placement with a relative through legal guardianship or permanent custody;
* Adoption (non-relative);
* Legal guardianship/permanent custody (non-relative);
* Return home through reinstatement of parental rights;
* Other planned permanent living arrangement through emancipation;
* Other planned permanent living arrangement through relative long term foster care;
* Other planned permanent living arrangement through non-relative long term foster care.
Permanency goals shall include the projected date (month, day, and year) by which the goal is to be accomplished for each child/youth receiving services.
1. The initial permanency goal for the child/youth is to return home with the following exceptions: a. Children/youth whose parents are both deceased or have both voluntarily relinquished custody;b. Children/youth whose parents cannot be located after family search and engagement activities, which shall begin no later than three working days following placement and shall not exceed three months;c. Children/youth whose parents have been guilty of repeated and/or severe abuse or neglect of the child/youth or the child/youth's siblings such that termination of parental rights of both parents is appropriate;d. Children/youth for whom it appears, after investigation, that a safe return home will not be possible even with the provision of reasonable efforts; or,e. Youth who are participating in the Foster Youth in Transition program.2. After twelve months, the child/youth's caseworker and supervisor shall include written justification on the Family Services Plan for continuation of the goal of return home.3. After eighteen months, the extraordinary circumstances which exist and the reasons which support the permanency goal of return home shall be documented in the Family Services Plan. Approval of the return home permanency goal by the caseworker, supervisor and county administrative review is documented in the case record.4. In concurrent planning cases the alternate permanency goal shall be documented.5. The permanency goal of other planned permanent living arrangement through emancipation shall only be used for youth ages sixteen to twenty-one.6. For a child/youth who has been in foster care under the responsibility of the state for fifteen (15) of the last twenty-two (22) months, the county shall either file a motion for termination of parental rights no later than the end of the fifteenth (15th) month or document and submit to the court at the next review the compelling reason why it is in the child/youth's best interest not to terminate parental rights.P. The steps the agency is taking to find an adoptive or other permanent living arrangement for a child/youth for whom the permanency plan is adoption or placement in another permanent home.Q. The permanency goal for the child would be to remain home barring case circumstances that would indicate the need for an alternative permanency goal when a teen mother and her child are placed together in the same foster home and if a case is opened on the child. The county must see the child when visiting the teen mother in the foster home.R. Requirements for use of Other Planned Permanent Living Arrangement goals as follows: 1. The county department may consider Other Planned Permanent Living Arrangement (OPPLA) as a permanency goal: For youth who are sixteen (16) years of age or over and are demonstrating exceptional circumstances that prevent the youth from returning home, adoption, legal guardianship or permanent custody.
2. The goal shall be reviewed through the use of a family engagement meeting or equivalent team that reviews permanency needs. All of the following shall be submitted to and considered by the review team, and the recommendation shall be submitted to the court. a. Documentation pertaining to the completion of an intensive and ongoing examination of kin and permanent connections. This process shall also address: 1) A comprehensive assessment of the youth's strengths and needs. In addition to updating the assessment of the youth's strengths and needs, the updated assessment or staffing shall address the youth's capacity to live within a family setting.2) This review team shall also consider the youth's desired permanency outcome.b. A detailed description of efforts made to achieve permanency through the other goals and identification of the barriers to achieve them.c. A detailed description of how OPPLA is in the best interest of the youth.3. The following is to be documented and made available to the court at each court review. a. Documentation of the barriers to permanency to date and compelling reasons why the other permanency goals are not attainable.b. Documentation of the youth's desired permanency outcome including giving the youth an opportunity to attend each hearing to voice his/her desired goal.c. Documentation of intensive, ongoing, and as of the date of the hearing, unsuccessful efforts to return the youth home or secure a placement for the youth with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, including thorough efforts that utilize technology (including social media) to find biological family members for the youth.d. Documentation of the steps taken to ensure that youth are being supported in-engaging in age or developmentally appropriate activities and social events including:1) The youth's foster family home or other placement is following the reasonable and prudent parent standard; and,2) The youth has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including consulting with the youth in an age-appropriate manner about the opportunities of the youth to participate in the activities).4. Documentation which includes the review team's reasons for approving Other Planned Permanent Living Arrangement (OPPLA) shall also be entered in the Family Service Plan as directed by the Division of Child Welfare.5. The use of this goal shall be reviewed by a family engagement or equivalent review team at a minimum of every six (6) months. The county shall request that the court review the case every twelve (12) months to determine if the youth is demonstrating exceptional circumstances that prevent the youth from returning home, adoption, legal guardianship or permanent custody.6. If this goal is not achieved through relative care, a family-like network of significant people shall be developed to provide the youth with a sense of belonging and with support expected to endure over a lifetime.7. Youth who have an open case through the Foster Youth in Transition Program are presumed to meet the above requirements for a goal of other permanent planned living arrangement through emancipation. The goal shall be reviewed by the court on an annual basis pursuant to 19-7-311, C.R.S.S. Reinstatement of Parental Rights1. The county department of human or social services may explore the use of reinstatement of parental rights as a permanency option for:a. Children twelve (12) years of age and older, or child(ren) younger than twelve (12) years of age if they are part of a sibling group where at least one of the child(ren) or youth is twelve (12) or older and is pursuing reinstatement of parental rights; and,b. Child(ren) younger than twelve (12), if they are part of a sibling group where at least one of the child(ren) is twelve or older, and is pursuing reinstatement of parental rights; and,c. Child(ren) who currently do not have a legal parent; and,d. Child(ren) who currently are not in an adoptive placement and not likely to be adopted within a reasonable period of time; and,e. Child(ren) who had all other permanency options exhausted; and,f. Cases when the termination of parental rights was ordered at least three-years-prior or when it is determined by the court to be in the best interest of the child(ren) when termination occurred less than three years prior to the date of the petition for reinstatement is being filed with the court; and,g. Child(ren) and former parent(s) that consent to parental rights being reinstated; and,h. Child(ren) where it is in their best interest, including the financial best interest, to have parental rights reinstated; and,i. Former parent(s) who have remedied the issues that led to the termination and those issues did not involve founded allegations of sexual abuse or an incident of egregious abuse or neglect against a child, a near fatality, or a suspicious fatality; and,j. The child is in the legal custody of a county department.2. A county department of human or social services that identifies reinstatement as a permanency option shall complete an assessment of the former parent(s). Completion of the assessment and the results of the assessment will be documented in the statewide case management system. The assessment shall include all of the following: a. Completing the Colorado family risk assessment tool, which must include a visit and inspection of the former parent's home;b. Reviewing the reasons for the termination of parental rights and determining if the concerns identified have been remedied and do not currently exist or present a safety concern;c. Conducting the following background checks on the former parent(s) and any other adults eighteen (18) years of age or older in their home and share the results with all parties to the case: 1) Child abuse/and/or neglect records check in every state where any adult residing in the home has lived in the five years preceding the filing of the petition for reinstatement;2) Fingerprint-based criminal history checks from the Colorado Bureau of Investigation (CBI), or other state background check if the parent lives in another state, and the Federal Bureau of Investigation (FBI);3) Review the state Judicial Department's case management system and include in the case record; and,4) Review the CBI sex offender registry and the national sex offender public website operated by the United States Department of Justice for:a) Known names and addresses of each adult residing in the home; and,b) Address only of the home.3. A safety assessment shall be completed.4. Upon the decision to pursue reinstatement of parental rights, only the county department, guardian ad litem, or a child twelve (12) years of age or older may file the petition for reinstatement.a. The petition for reinstatement of parental rights should be filed in the county that has custody of the child(ren) through the dependency and neglect court case.b. The petition shall be filed in the dependency and neglect court case where the termination of parental rights occurred for the former parent(s) or in the event that the current open dependency and neglect case is a termination of the adoptive parent's rights, then the petition shall be filed in that court case, as it grants custody of the child(ren) to the county.c. If the county is contacted by a former parent inquiring about reinstatement, the county must notify the guardian ad litem (gal) and child twelve (12) years of age OR OLDER within thirty (30) calendar days after the contact and provide them with the name and address of the former parent(s).d. Once the court sets an initial hearing, the county shall develop and report to the court the following:1) Whether the former parent(s) has remedied the conditions that led to the termination.2) Based on the assessment of the former parent, including the outcome of the Colorado family risk assessment tool, the transition plan shall include support or treatment needed for the child(ren) and former parent(s) to help make the reinstatement a success;3) Whether the former parent(s) can provide a safe and stable home for the child(ren);4) A family time plan or temporary placement plan with the former parent(s) for up to a six-month trial period where custody remains with the department; this plan will be approved or modified at this initial hearing.a) Updates about the family time, transition plan, and supports shall be provided at each review hearing and no later than thirty (30) calendar days prior to the expiration of the trial home period.b) At any point the placement is deemed no longer safe or in the best interest of the child(ren), removal shall be in accordance with procedures outlined in Sections 19-3-401 and 19-3-403, C.R.S.5) Whether the child(ren) will lose or gain any benefits or services (Medicaid, Chafee, etc.) as a result of the reinstatement being granted.5. If the court grants the order, the county shall select reinstatement of parental rights as the closure reason, in the state automated case management system.6. If the court denies the order the county department shall:a. Arrange for immediate placement of the child(ren), if the child(ren) is still in the former parent's home.b. Set a permanency hearing to determine a new permanency goal and plan for the child(ren).7.301.241Education Requirements for Children/Youth in Out-of-Home PlacementA. Documentation shall be entered into the state automated case management system to address compliance with all requirements in this section, 7.301.241, including designation of responsibilities.B. County departments shall coordinate with the local public school, school district, the State Charter School Institute, and/or board of cooperative education services (collectively referred to as "education provider" for the purposes of this section) to ensure educational stability for each "student in out-of-home placement" as defined in § 22-32-138(1)(e) and (h), C.R.S. including those attending public pre-school. County departments shall notify "education providers" upon each school-aged child/youth entering or changing out-of-home placement, even if no school change is being considered.C. Each placement of a child/youth shall take into account the appropriateness of the current educational setting and the proximity to the "school of origin" as defined in § 22-32-138(1)(g), C.R.S. See Section 7.301.24, E.D. It is presumed to be in a child/youth's best interest to remain in the "school of origin." If transportation is necessary to maintain the child/youth in the "school of origin," this shall be provided in accordance with section 7.301.241, E. The county shall make a best interest determination prior to any school move resulting from a change in placements unless remaining in the "school of origin" poses a specific, documented threat to the child/youth's safety. The best interest determination process is as follows:
1. The best interest discussion and determination shall occur as an in-person meeting when warranted and possible. When an in-person meeting is not warranted or not possible, or for participants unable to attend the meeting, the county department shall consult participants by other means, such as phone or email.2. The county department shall invite the following people to participate in the best interest determination. If a participant is unavailable or cannot be located, the county shall document the various ways in which attempts were made to engage that participant. b. Parents, For purposes of this subsection 7.301.241, the term "parents" includes a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. Parent does not include a person whose parental rights have been terminated pursuant to the provisions of Title 19 of the Colorado Revised Statutes, the parent of an emancipated minor, or the parent of a youth participating in the Foster Youth in Transition program.
c. Caseworker or appropriate designee,d. Guardian ad litem and/or counsel for youth if one is appointed,e. Representative from the "school of origin" who knows the child/youth, as determined by the "education provider,"f. Educational surrogate parent, if any, andg. Others as relevant and appropriate as determined by the county, which may include but are not limited to future caregiver, court appointed special advocate (CASA), current caregiver, representatives from potential new school, support person for the child/youth.3. Best interest determination meetings may be incorporated into family engagement meetings. The county department shall protect the family's confidentiality by including school personnel only in the portion of the meeting regarding the child/youth's educational needs, unless members consent to their ongoing participation in the meeting.4. The best interest determination shall address whether it is in the child/youth's best interests to either:a. Remain in the same school, orb. Attend another appropriate school. The potential new school(s) to consider may include any school in which the child/youth may enroll pursuant to state law and "education provider" policy, including but not limited to C.R.S. § 22-1-102 (defining residence of child), C.R.S. § 22-32-116 (defining exception to exclusion of non-residents), or C.R.S. § 22-20-107.5 (defining residence of child who receives special education). The county department need not consider every possible school; rather the county should identify which school or schools they are considering so the attributes of the specific schools can be considered.
If it is determined to be in the child/youth's best interest to attend a new school, the best interest determination shall also include the date when the child/youth will change schools. The child/youth shall remain in the "school of origin" until this date. It is presumed to be in a child/youth's best interest to be in the least restrictive environment and to transfer at natural transitions such as the beginning of the school year or academic term.
5. The county department shall make the best interest determination in collaboration with the "education provider" and other participants and in consideration of the following non-exhaustive factors, as relevant: c. How the "school of origin" can meet the child/youth's academic and non-academic needs (including special education, extra-curricular activities, social, emotional, and other needs). In considering the child/youth's needs, the county department shall give special weight to whether the child/youth has a meaningful and appropriate relationship with an adult at the "school of origin,"d. How the potential new school could meet the child/youth's academic and non-academic needs, including special education, extra-curricular activities, social, emotional, and other needs,e. How the decision impacts the child/youth's permanency goal(s), andf. The length of travel and impact on the child/youth.g. The cost of transportation is not a permissible consideration in determining the child/youth's best interest.6. If the county determines that it is not in a child/youth's best interest to remain in the same school, the "education provider" shall immediately, on the date designated in the best interest determination, enroll the child/youth in a new school, even without records normally required for enrollment, pursuant to the Every Student Succeeds Act, 42 U.S.C. § 675(1)(G)(ii). In order to facilitate transfers at natural academic transitions whenever possible, "immediately" means the date designated in the best interest determination, not necessarily the date the determination is made.7. The county department shall inform the CHILD/youth, parent(s), guardian ad litem and/or counsel for youth, and educational surrogate parent, if any, of the best interest determination within one business day of making the determination. The notification shall serve as the first day in the dispute resolution time frames described in section 7.301.24, D, 8.a. Parents of a youth participating in the Foster Youth in transition program are not required to be notified.8. Disputes regarding best interest determinations shall be handled in a manner that promotes the child/youth's safety and stability, as follows: If the parent(s), guardian ad litem, child/youth twelve (12) years of age or older, and/or educational surrogate parent, if any, is a party to an accompanying court case and disagrees with the county department's best interest determination, he or she must file a motion with the juvenile court to seek judicial resolution. Such a motion must be filed within three business days of the notice of the county's determination. If the county receives such a motion, the child/youth shall remain in the "school of origin" pending dispute resolution, unless remaining in the school poses a specific, documented threat to the child/youth's safety. If such parties indicate their agreement to a school move, the county need not delay the move pending the three-day appeal period.
E. County departments and "education providers" shall collaborate to ensure that children in foster care needing transportation to the "school of origin" will promptly receive transportation in a cost-effective manner. County departments and "education providers" shall collaborate to develop systems-level transportation plans, including how transportation will be provided, arranged, and funded for the duration of time the child/youth is in out-of-home placement and, if accepted by the family, the remainder of the academic term during which a child/youth exits out-of-home placement. Transportation plans may be developed at the local and/or regional levels.F. County departments shall document efforts to ensure the child/youth meets the state compulsory attendance requirements.G. Procedures for special education evaluations when children are in out-of-home care: 1. If a child/youth is suspected to have a disability affecting his or her education, the caseworker shall make a written referral for a special education evaluation to the designated representatives of the child/youth's "education provider" of jurisdiction, which is the "education provider" where the child is a resident for educational purposes, before a non-emergency placement in a residential child care facility.2. Upon any placement of a child/youth with a disability or suspected of having a disability into a residential child care facility, the caseworker shall make a verbal notification within five working days and a written notification within fifteen calendar days to the "education provider" of jurisdiction after the placement.3. Educational costs of placements are not reimbursable to the county department until after notice of the placement is given to the "education provider" of jurisdiction.4. If the special education evaluation results in a determination that the child/youth is disabled pursuant to section 504 of the Rehabilitation Act and/or the Individuals with Disabilities Education Act, which means that the child/youth qualifies for disability accommodations and/or special education services, the county and "education provider" of jurisdiction shall meet to determine if the educational needs of the child/youth can be met in the placement or the Core Services program.5. If the child/youth is not eligible for disability accommodations and/or special education services, the county may be responsible for educational costs.7.301.242Procedures for Maintaining Education Records [Rev. eff. 4/1/12]For children/youth in out-of-home placement, the county department shall maintain records within the case file and/or in the fields available in the education section of the automated system that include, but are not limited to, identification of:
A. School name and address at the time of removal from the home.B. Current school name, address, and telephone number.C. Grade or classroom designation.D. Most recent end-of-term grades or other school district approved progress reporting method if grades are not issued.E. Educational needs including, but not limited to, special education and summaries of the efforts of the county department to address the needs.F. Educational plans based on individual needs, including an IEP.G. Educationally based evaluations.7.301.243Early Intervention and Supports for Children Birth to Age of 3 in Out-of-Home Placement, Part C, of the Individuals with Disabilities Education Act (IDEA)A. Documentation of referral, services, and planning shall be recorded in the education section of the automated system.B. Infants and children under age 3 who may have delays in development or established conditions associated with a disability shall be referred to the local "Child Find" effort. The local "Child Find" may be the School District/Board of Cooperative Educational Services (BOCES), Early Childhood Connections (ECC) organization, or an appropriate community resource for assessment for the identification of needs that may impact the child's development.C. The county department shall participate with the school district and/or ECC; or community resource, family, and other pertinent individuals to develop a plan to address identified service and support needs and for transition planning.7.301.244COUNTY RESPONSIBILITIES WHEN A CHILD/YOUTH'S TREATMENT NEEDS ARE MOST APPROPRIATELY MET IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM (QRTP) LEVEL OF CARE.When a child/youth who may need treatment is identified, the county department of human/social services (county department) shall review the child/youth's treatment options through a county-specific review process. When the county department has custody and believes treatment in a QRTP is in the best interest of the child/youth, the county department shall make a referral for a Qualified Individual to complete an independent assessment. The county department shall hold a Family and Permanency Team Meeting within fourteen (14) calendar days of the acceptance of the referral. If after the county department has held the Family and Permanency Team Meeting and when the Qualified Individual indicates that treatment in a QRTP is warranted, the county department may admit the child/youth to a QRTP.
A. If a county department places a child/youth in a QRTP on an emergency basis, the county department shall make a referral for a Qualified Individual to complete an independent assessment within five (5) calendar days.B. When a child/youth is in need of respite care, it shall be at the same level of current care or a lower level of care. If the county department wants a child/youth to be in respite care in a QRTP, the county department shall follow the requirements for making a referral for a Qualified Individual to complete an independent assessment.C. The recommendation of the Qualified Individual shall be documented in the permanency plan of the state automated case management system.D. The county department shall enter a corresponding record of contact (ROC) note with the following information from the Child and Adolescent Needs and Strengths (CANS) tool which is updated every ninety (90) days: what is the level of treatment recommended for the child/youth, are there any outstanding treatment needs that remain, and are there any notable changes since the last CANS tool was completed.E. The Family and Permanency Team Meeting may be facilitated and shall be documented in the framework of the state automated case management system. The Family and Permanency Team Meeting shall invite the following attendees (when available):1. Parents or Legal Guardians;4. Professionals who are a resource to the family of the child/youth;5. The youth if age fourteen (14) or older;6. If the child is age fourteen (14) or older, the team must also include the members of the permanency planning team for the child that are selected by the child in accordance with the Title IV-E case planning requirements (section 475a(c)(1)(B)(i) and (ii) of the family first prevention services act);7. The Qualified Individual; and,8. The Guardian ad Litem or Counsel for Youth.9. If the child is under age fourteen (14) the county department shall consider the appropriateness of their participation in the Family and Permanency Team Meeting.F. The county department shall share the independent assessment summary with all family participants at the Family and Permanency Team Meeting.G. If the treatment recommendations made by the Qualified Individual at the time of the independent assessment are not available to the county department, this shall be documented in the state automated case management system and alternative treatment recommendations will be discussed at the Family and Permanency Team Meeting.H. If the recommendations made by the Qualified Individual are not followed by the county department or are considered not appropriate at the time the independent assessment is completed, the county department shall provide a thorough explanation to support their decision.I. Prior to release from a QRTP, the county department shall work with the QRTP provider to develop a plan for six (6) months of aftercare services to either be provided by the QRTP provider or by an identified community-based provider that will meet the individual needs of the child/youth and family.7.301.245COUNTY RESPONSIBILITIES WHEN A CHILD/YOUTH IS REACHING THEIR LIFETIME LIMIT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM (QRTP).If a child/youth's length of treatment in a QRTP is approaching twelve (12) consecutive months; or approaching eighteen (18) non-consecutive months, or the length of treatment for a child who has not reached age thirteen (13) is approaching six (6) consecutive or non-consecutive months; and, the child/youth receiving treatment in a QRTP may need continued treatment beyond the limits defined by the Family First Prevention Services Act (Family First), the county department shall request extended treatment by submitting a length of stay waiver request to the Executive Director of the Colorado Department of Human Services (CDHS):
A. No later than forty-five (45) days prior to the child or youth reaching the applicable length of stay limit as described above, the county department will submit the following documents to the CDHS Executive Director:1. A letter from the county department's director or their designee requesting the waiver including details regarding: a. An explanation of the need for the waiver;b. The county's plan during the waiver extension period if granted;c. An outline of what reasonable efforts were made prior to the waiver request for stepping down the child or youth's level of out-of-home care from QRTP; and,d. An outline of what reasonable efforts are being made to achieve permanency for the child or youth.2. A copy of the most recent independent assessment summary;3. The estimated discharge date from the QRTP;4. A copy of the most recent 90-day review; and,5. All Child and Adolescent Needs and Strengths (CANS) tools completed for the child/ youth along with a treatment progress summary.B. For a child/youth entering a QRTP after the federal maximum length of stay has been reached, these documents need to be received by the CDHS executive director at the completion of the independent assessment process.C. If the waiver is granted by the CDHS Executive Director for Title IV-E reimbursement, it will continue to be funded in the same manner as the original service authorization. The waiver will expire upon the anticipated discharge date from the QRTP or six (6) months after the date the waiver goes into effect, whichever occurs first. The CDHS Executive Director has the ability to approve the length of stay waiver request in its entirety or with limitations. A new length of stay waiver request must be submitted no later than forty-five (45) days prior to the waiver expiring when an initial length of stay waiver is granted.D. If the waiver is not granted by the CDHS Executive Director for Title IV-E reimbursement, and the child/youth remains in a QRTP past the child/youth's lifetime limit, then the county department will be responsible for payment for the child/youth remaining in a QRTP at the CDHS expenditure requirement.E. The county department shall be responsible for gathering all necessary documentation for submission of the court report, which shall include the Qualified Individual's final summary report.F. If a child/youth has exceeded their lifetime limit prior to treatment in a QRTP, an independent assessment would be required and after the Qualified Individual recommendation has approved the QRTP then a waiver request will be required within thirty (30) days of the approved independent assessment summary report.