12 Colo. Code Regs. § 2509-4-7.306

Current through Register Vol. 47, No. 22, November 25, 2024

Section 12 CCR 2509-4-7.306 - Adoption Services

The county department shall ensure that adoption services are provided as a service on the continuum of protective services to children. All children/youth who are unable to return to their own home should be considered for adoption. Proceeding with termination of parental rights implies that the county department will actively pursue adoption as the permanent plan for the child(ren)/youth.

7.306.1Pre-Adoption Services

7.306.11The Evaluation of Child/Youth's Needs

The county department shall assess the child/youth's readiness for adoption.

A. The county department shall make thorough efforts to place siblings together in the adoptive family and document such efforts in the Family Services Plan. 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 department by a preponderance of evidence that placement of the entire sibling group in the joint placement is not in the best interests and the needs of a child/youth or of the children/youth.

B. If the current caregiver is an approved adoptive resource for the identified child/youth, the worker will complete the Colorado Adoption Resource Registry (CARR) exclusion form and send the form to the state's adoption unit.

C. Conduct an ongoing comprehensive search of the child(ren)/youth's record for possible permanent placement(s) or other permanent connections unless the child/youth meets the family search and engagement exclusion criteria in section 7.304.52.C (12 CCR 2509-4). Any possible resources should be interviewed/contacted as to their willingness and/or availability as a placement for the child/youth.

D. Available resources for adoption shall be assessed and a recruitment plan developed if there is no adoptive family identified. Recruitment efforts begin when the permanency goal becomes adoption and should use all resources available. The county department shall document, in the Family Services Plan, efforts to recruit and locate a permanent home for any child/youth whose parental rights have been terminated and who is in the guardianship of the county department with the right to consent to adoption.

E. A child/youth's best interests and special needs shall be the primary consideration in determining placement.

7.306.12Child And Family Study

Within 90 calendar days following relinquishment or termination of the parent-child relationship, the family history and medical information shall be collected and documented in the state prescribed child and family study.

A. Information shall include, but not be limited to:

1. Birth certificate

2. Legal custody documents

3. Record of placements, including previous adoption(s) if applicable

4. Emotional, physical, medical, psychological, trauma, and developmental evaluations.

B. Information in the record should be updated when changes occur or additional information is available that would affect the child/youth's readiness for adoption.

C. The child and family study shall be updated annually from the date of the initial child and family study until the child/youth achieves permanency.

7.306.13Colorado Adoption Resource Registry (CARR)

The county department shall submit either an initial child/youth referral form for recruitment services or a request for exclusion from the CARR, 90 calendar days following relinquishment or termination of parent-child relationship.

A. Referral to the Colorado Adoption Resource Registry

1. If no adoptive home has been found for the child/youth within 90 calendar days following relinquishment or termination of the parent-child relationship.

2. Following a disruption of an adoptive placement before legal finalization the child/youth shall be listed or excluded within 90 calendar days from the date of the disruption.

3. Registration with the CARR will be sent to the state adoption specialist or the state contracted service provider.

B. Exclusion from the CARR The county department may decide that the best interest of the child/youth will not be served by a CARR photo listing. The county department shall determine the reason for the exclusion from listing and send the request for exclusion to the state department. The county department shall use the following criteria for determining reasons for exclusion:

1. If an approved family has been identified as an adoptive home for a child/youth. If the child/youth has not moved into the adoptive placement within 90 calendar days of termination of parental rights, the county department shall photo list the child/youth with the CARR. If there is a compelling reason that the county department and the State Department agree is appropriate for delaying filing of the adoption petition, this reason is to be submitted to the state review team by the county department. If the compelling reason for delaying filing the petition is approved, the state review team will review the foster care placement until such time as the petition to adopt is filed or the child/youth is photo listed with the CARR.

2. The child/youth is:

a. One whose court-approved and court-ordered permanency goal is legal guardianship or other planned permanent living arrangement.

b. Placed with a relative or a relative is being considered as a placement resource for the child/youth (adoption or foster care). All relatives who are providing care for a child/youth who is legally free for adoption shall be counseled by a professional who is knowledgeable about permanency options regarding the importance of permanency through adoption, guardianship, or permanent custody. When a relative is being considered, the placement shall be made 90 calendar days from the date the child/youth is legally free for adoption unless there is a documented extenuating circumstance in the case record.

c. The CARR exclusion will be considered and approved or denied by the State Department. The following are conditions that are not necessarily appropriate for denying any child/youth the possibility of a permanent placement or a permanent connection in his/her life.

1) Placement in a residential child care facility, detention or corrective center, or mental hospital, and placement is not indicated by the treatment plan for the child/youth.

2) In therapy and adoptive placement is not indicated by the treatment plan for the child/youth. the county department shall provide the review team with documentation that a therapist and others (e.g., guardians ad litem) have determined that it would not be in the child(ren)/youth's best interest to recruit an adoptive home.

3) A child/youth who is still being evaluated by specialists. The county department shall photo list the child(ren)/youth with the Colorado Adoption Resource Registry if the evaluation is not completed within 90 calendar days of termination of parental rights.

4) A child/youth who is twelve (12) years or older and is refusing adoption. The child/youth shall be counseled by a professional who is knowledgeable about adoption and permanency for teens, recognizing that their consent is still required to proceed with an adoption.

7.306.14Selection of an Adoptive Family for a Child/Youth

A. The county department shall use all resources available to find an adoptive family home for the child/youth. Unless it is in the best interest of the child/youth, the county department shall not deny or delay the placement of a child/youth for adoption when an approved prospective adoptive family is available outside of the county department or state. If a family with an approved home assessment from another county department or state requests a fair hearing, it shall be provided to the family.

B. The county department shall comply with the Indian Child Welfare Act in placing any eligible Native American child/youth. See Indian Child Welfare Act of 1978, 25 U.S.C. sections 1901-1963 (2019), which are hereby incorporated by reference. No later editions or amendments are incorporated. These regulations are available at no cost from the U.S. Department of Justice, http://www.ssa.gov/op_home/comp2/f095-608.html. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Children Youth and Families, 1575 Sherman St Denver, Colorado 80203, during regular business hours.

C. An adoptive placement shall not be delayed or denied solely because the prospective adoptive family is of another race, color, or national origin than that of the child/youth.

D. Race, color, and national origin can only be considered in extraordinary circumstances.

7.306.2Adoption Placement Services

The county department shall complete the following most recent, approved, state prescribed documents and reports:

A. As soon as the county department has identified a prospective adoptive family, the county department shall conduct a face-to-face presentation interview with the prospective adoptive parent(s) within 90 days of termination of parental rights. If the adoptive resource is a two-parent family, both parents shall be present for the interview. If attending a face-to-face presentation will create an undue hardship for the prospective adoptive family, the presentation meeting may be conducted via phone or video conference chat to accommodate the prospective family during the presentation.

1. The guardian ad litem and/or counsel for youth shall be invited to attend the presentation interview.

2. The county department shall provide the prospective adoptive parent(s) with the child and family study and any supplemental information (example: medical records, educational records, etc). All documentation provided to the prospective adoptive parents will be redacted to remove all identifying information.

3. The presentation shall be audio-recorded. Two copies of the recording shall be made.

a. One copy shall be kept with the child/youth file until the adoption is finalized, at which time it will be placed in the sealed file.

b. The second copy shall be provided to the prospective adoptive family.

B. If requested by the prospective adoptive family or deemed necessary by the county department, the prospective adoptive family shall have a minimum of 48 business hours to review all of the written and audio information in order to make an informed decision before any further steps are made toward finalizing the adoption.

C. All of the information provided shall be documented on the state's approved form (entitled "information sharing acknowledgement"), signed by the family, then placed in the child/youth's record until the adoption is finalized, at which time it will be placed in the sealed file.

D. If the family decides at a later time not to move forward with adoption or maintain a permanent relationship with the child/youth, the county department will request all information provided to the prospective adoptive family must be returned to the county department.

7.306.21Adoption Placement Activities

The county department shall complete the following most recent approved prescribed documents and reports:

A. The Adoption Placement Agreement, at the time the child/youth is legally free and placed in the home.

B. The information sharing form, at the time a child/youth is legally free for adoption and placed in the home. When a child in an adoptive placement whose adoption is not finalized has a name change, and case and client I.D. number(s) change entered into the department's statewide automated system, the county department shall provide the following information to the administrative reviewer: the child's biological name, trails case and client I.D. numbers, and the new name, and new trails case and client I.D. numbers.

C. The county department shall request that the court finalize the adoption when the child/youth to be adopted has been in the prospective adoptive home for at least six months prior to the filing of the petition to adopt. If adoption is requested to be expedited prior to six months of the child/youth being in the prospective adoptive home, the county department may request finalization of the adoption if all parties are in agreement. Written documentation of these requests shall be in the case file.

D. The county department shall file a motion with the court to close the hearing to the public when all parties have consented and when it is in the best interests of the child/youth who is the subject of the adoption hearing.

E. When a child/youth is placed for adoption into another Colorado county department, the county department of residence where the child/youth is placed shall open Medicaid when the child/youth is receiving subsidized adoption assistance. The placing county department shall send written notification to the resident county department to expedite timely opening of the Medicaid benefits.

7.306.3POST-PLACEMENT SERVICES

Following placement in the adoptive home, the county department shall:

A. Provide services to the child/youth and the adoptive parents to integrate the child/youth into the family.

B. Re-review the information sharing acknowledgment form with the adoptive parent(s); all parties identified on the form shall date and initial it before the finalization of the adoption.

C. Inform the family of the legal procedure for adoption, and complete and submit all documents to the court regarding the adoptive placement as required by the Colorado Children's Code (C.R.S. 19-1-107).

7.306.31Adoption Placement Disruption

The county with custody of the child/youth shall formulate an appropriate SMART (specific, measurable, achievable, result focused and relevant, and time limited) plan if the adoptive placement disrupts prior to finalization.

7.306.32Post Finalization of Adoption

Adoption assistance is a post-placement service (see adoption assistance services, section 7.306.4).

A. At the time the county department changes the child/youth's status from foster care to adoption, the case in the Comprehensive Child Welfare Information System (CCWIS) shall be closed in the child/youth's birth name and opened under the new adoptive name. In addition, a new state identification number shall be reissued in the child/youth's adoptive name.

B. When a child/youth is placed for adoption into another Colorado county department, the county department of residence where the child/youth is placed shall open Medicaid when the child/youth is receiving subsidized adoption assistance. The placing county department shall send written notification to the resident county department to expedite timely opening of the Medicaid benefits.

7.306.34Adoption Records [Eff. 02/01/2009]

A. The county department shall maintain a record for the child in its custody who is approved for adoptive placement. It shall ensure that all documentation related to the child's adoption is in the record. The following must be included, but is not limited to:

1. Court order issued at the time of initial removal;

2. Voluntary placement agreement, if applicable;

3. Order for termination of parental rights or order for relinquishment of parental rights;

4. Child study (social history);

5. Adoptive family's application;

6. Adoptive family's home study and any updates, as necessary;

7. Documentation of the child's special needs (7.306.4, A, 3, d, 1-5);

8. Documentation of child's tribal affiliation, if applicable;

9. Time and date-stamped petition for adoption;

10. Final decree of adoption.

B. Upon completion of legal adoption, the county department shall close the case on the Department's automated reporting system within 30 calendar days, unless the child receives adoption assistance.

C. Within 90 calendar days of the date of finalization of the adoption, the county will send to the Division of Child Welfare basic data on the family and children for entry in the statewide database using the State's approved form. This information shall be supported and reflect what is in the automated case management system.

D. In adoption assistance cases, the county department shall maintain a separate record to include the following items as long as the adoption assistance agreement is in effect for the child and family. Upon termination of this adoption assistance agreement, the record shall be closed.

1. Current adoptive home study and any necessary updates;

2. Child's Summary and Application for Adoption Assistance;

3. Initial Adoption Assistance Agreement;

4. Court Order issued at time of initial removal;

5. Voluntary Placement Agreement, if applicable;

6. Subsequent Order on Review for Need of Placement, if applicable;

7. Review of Adoption Assistance Agreement and three year reviews of need for adoption assistance or any amendments of the original adoption assistance agreement;

8. Adoption Assistance Title IV-E Eligibility Determination Form;

9. Title IV-E Foster Care Eligibility Determination Form;

10. Title IV-E Redetermination of Eligibility Determination Form(s);

11. A copy of the Social Security Income Eligibility Notification;

12. Petition to Adopt time and date-stamped by the court;

13. Final Adoption Decree;

14. Orders terminating parental rights;

15. Appeal Petition of the termination and Final Order resolving appeal of the termination;

16. Indian Child Welfare cases, if known tribal affiliation;

17. Documentation of the child's special needs (7.306.4, A, 3, d, 1-5);

18. Motion to court to expedite the date of the final hearing, if applicable.

E. County departments providing adoption assistance to children from private non-profit adoption agencies or relatives shall maintain in a secure location at the county the records containing the adoption assistance information listed in subsection D, above.

F. County departments providing a subsequent adoption assistance agreement to children whose previous adoption was dissolved shall maintain, in a secure location at the county department, the records containing the adoption assistance information listed in subsection D, above. Additional required information includes:

1. New documentation assessing and identifying the child's continuing special needs; and,

2. All of the adoption assistance forms and documentation from the previous adoptive family.

G. County departments providing an adoption assistance agreement to children who were in foster care with their teen parents shall maintain, in a secure location at the county department, the records containing the adoption assistance information listed in subsection D, above. Additional required information must include proof of foster care payment made that includes both the child and his/her teen parent.

7.306.4ADOPTION ASSISTANCE SERVICES

Colorado operates two adoption assistance programs: the Title IV-E program and the state and county-only (non-Title IV-E) program.

A. Applicable to Both Programs:

1. The federal government participates in adoption assistance agreements on behalf of children/youth who meet the eligibility criteria for the Title IV-E adoption assistance program.

2. The state and county departments participate in adoption assistance agreements on behalf of children/youth who are not eligible for the Title IV-E program.

3. Prospective adoptive parents must be informed of the adoption assistance program. Adoption assistance is a program that provides assistance to adoptive parent(s) in certain defined and limited ways to provide for the needs of an eligible adopted child/youth. Adoption assistance is intended to help or remove financial or other barriers to the adoption of eligible Colorado children/youth with identified needs by providing assistance to the parent(s) in caring for and raising the child/youth.

a. The county department may make adoption assistance payments and/or provide Medicaid or medical assistance at the time of adoptive placement, continue them after the adoption has been finalized and continue them until the adopted child/youth has reached the age of eighteen (18). As defined in section 7.306.54, adoption assistance may continue to the 21st birthday. In situations where adoption assistance continues through the 21st birthday of the adoptee, adoption Medicaid will still continue through the end of the month of the 21st birthday.

b. The determination for expiration of the agreement must be made and documented in the original negotiation and noted in the original paperwork for the adoption assistance agreement. The county department shall extend the adoption assistance agreement upon the approaching expiration date if the youth meets criteria for extension per section 7.306.54 and the extension is requested by the adoptive parent(s).

c. The county department must determine that in each case a reasonable, but unsuccessful, effort to place the child/youth for adoption without adoption assistance has been made before negotiating adoption assistance, unless the best interests of the child/youth would not be served by such an effort. Reasonable effort requires listing with the Colorado Adoption Resource Registry (CARR) and may include presentation in the media and consultation with the state. Exceptions to the requirement:

1) The current caregiver will be given priority as the prospective adoptive family, when appropriate.

2) In situations where it would be against the best interests of the child/youth, due to such factors as:

a. The existence of significant emotional ties with the prospective adoptive parents while in their care as a foster child/youth, or

b. Adoption by a kinship caregiver

c. The eligible child/youth is being placed by a birth parent with designated adoptive parents through a non-profit child placement agency.

d. Eligible child or youth means a child or youth who meets the medical and disability requirements for federal supplemental security income or is a child or youth with one or more specific factors or conditions that would make it reasonable to conclude that a child or youth cannot be adopted without providing benefits to assist in the adoption. Such factors may include but are not limited to:

1) A physical disability, that has been documented by a qualified licensed professional such as hearing, vision, or physical impairment; neurological conditions; disfiguring defects; metabolic disorder; a child or youth infected with the human immunodeficiency virus; or heart defects;

2) A mental, intellectual, or developmental disability that has been documented by a qualified licensed professional, such as a perceptual, speech, or language disability or any disability that results in educational delays or significant learning difficulties;

3) An emotional handicap, such as post-traumatic stress disorder, bipolar disorder, or other mental health disorder that has been documented by a qualified licensed professional;

4) Hereditary factors that have been documented by a qualified licensed professional;

5) An educational disability that qualifies for section 504 of the federal rehabilitation act of 1973, or special education services;

6) Factors that place a child or youth in a "high-risk" category, such as being drug- or alcohol-exposed in utero;

7) Other conditions that act as a barrier to the child's/youth's adoption, including but not limited to, a healthy child or youth over seven years of age or a sibling group that should remain intact and medical conditions that are likely to require further treatment; or,

8) Ethnic background or membership in a minority group which may be difficult to place.

e. The county department shall not use an income eligibility requirement (income means test) for the prospective adoptive parent(s) in determining eligibility for adoption assistance. Instead, the particular agreement that is negotiated shall be based on the child/youth's current and anticipated needs and the family circumstances.

f. Available public programs for which the child/youth is eligible shall be used first to address the child's/youth's needs before an adoption assistance agreement is negotiated.

g. The county department may authorize the following types of adoption assistance agreements:

1) "Long-Term Adoption Assistance Agreement" means to partially meet a child's/youth's daily needs unless the adoptive family's or child's/youth's circumstances change or the agreement terminates as outlined in the termination of adoption assistance, section 7.306.48, of the adoption assistance agreement rules and as cited in C.R.S. § 26-7-109. A long-term agreement is made when the family's financial situation and/or the child's/youth's needs are unlikely to changeor when a child's/youth's needs take an excessive toll on the family's financial resources.

2) "Time-Limited Adoption Assistance Agreement" means to partially meet the everyday needs of the child/youth for a specified period. Agreement partially covers unmet needs that are time limited.

3) "Dormant" or "Medicaid Only Adoption Assistance Agreement" means there is no adoption assistance payment provided at the time of the agreement. County departments shall document for the child's/youth's eligibility in the services record and in the Comprehensive Child Welfare Information System (CCWIS) that the potential need for financial adoption assistance exists and may need to be activated at a future time.

4. If the child/youth is legally available for adoption and reunited with their birth parent(s), the child/youth is not eligible for adoption assistance.

5. Medicaid is available to all Colorado children/youth who have an adoption assistance agreement.

6. Families who adopt children/youth who meet the criteria for adoption assistance are eligible for non-recurring adoption expenses.

7. Case services payments may be part of an adoption assistance agreement; these payments can be made directly to the service providers or to the adoptive parent(s).

B. Target Groups for Adoption Assistance Agreements:

1. Children/youth who meet the eligibility criteria to participate in one of Colorado's adoption assistance programs and whose identified needs are a barrier to their adoption are legally available for adoption and are in the custody of a county department and the county has guardianship of the child/youth with the right to consent for adoption; or,

2. Children/youth who are in the custody of a relative, tribe, person to whom custody of the child/youth has been given by proper order of a dependency and neglect court, or licensed non-profit child placement agency and meet the eligibility criteria to participate in one of Colorado's adoption assistance programs; and,

3. The county department, licensed non-profit child placement agency, tribe, person to whom custody of the child/youth has been given by proper order of a dependency and neglect court, or relative requesting the adoption assistance agreement is financially responsible for the care of the child/youth.

C. County Requirements for Adoption Assistance:

1. The county department shall obtain and document the diagnoses and prognoses of the child's/youth's needs that are barriers to the adoption.

2. The documentation shall include specific eligibility factors used to determine eligibility factors as outlined in section 7.306.4 A.

A. Placement history

B. Eligible child/youth: if the county department determines that the child/youth is an eligible child/youth, with needs for whom services will be purchased, it must confirm the identified needs by a second opinion of a qualified licensed professional who is outside the department.

C. Other appropriate reports

3. The county department shall determine the child's/youth's Title IV-E status for adoption assistance in the Comprehensive Child Welfare Information System (CCWIS) prior to adoption finalization and no later than the calendar month the adoption petition is filed.

4. The county department shall ensure that all parties sign the adoption assistance agreement before the adoption is finalized.

5. At the time that the family is matched for adoption of a child/youth who is potentially eligible for adoption assistance benefits, the prospective adoptive family should be informed in writing, with the following information:

a. The availability of benefits, with an explanation of the differences between these benefits and foster care maintenance payments;

b. The availability of reimbursement for non-recurring expenses incurred in the adoption of an eligible child/youth not to exceed the federal limit;

c. The availability of mental health services through the state Medicaid assistance program or other programs;

d. The federal adoption tax credit for an individual who is adopting or is considering adopting a child/youth in foster care or through a nonprofit child placement agency;

e. Notice of the general right to request a negotiating meeting;

f. Notice of the general right to bring to the adoption assistance negotiation process:

1. Parties who possess relevant information about a child/youth's history and needs, including the child's guardian ad litem or the family's advocate; and

2. Legal representation for a child/youth or prospective adoptive family.

g. Notice of the right to an administrative appeal and be represented by legal counsel, at the prospective adoptive parent's expense.

h. The Colorado Adoption Assistance Negotiation Worksheet must be provided to all participants 5 business days prior to the negotiation meeting.

7.306.41Title IV-E Adoption Assistance Program

A. Pathways to Eligibility

Title IV-E adoption assistance services may be provided to children/youth whose needs are a barrier to their adoption, who are legally available for adoption, and meet one of the following pathways:

1. A child/youth was removed from a specified relative by a court order that contains the requirements in Section 7.601.71.

a. For the purposes of Title IV-E adoption assistance only, there is no requirement for a "reasonable efforts" judicial determination at the time of the initial removal.

b. The Federal Applicable Child Criteria (delinking) allows for Title IV-E adoption assistance to child(ren)/youth who are two or turn two in the federal fiscal year in which the adoption is finalized.

c. For Title IV-E funding to be an option in adoption assistance a removal must have been entered and an initial Title IV-E foster care determination must have been entered into the CCWIS system.

2. Have Social Security Income (SSI) eligibility.

a. This factor must be met at any time prior to finalization of the adoption.

b. If eligible, the child/youth may simultaneously receive SSI and Title IV-E adoption assistance payments.

c. If a child/youth is SSI eligible, there are no requirements for the Federal Applicable Child Criteria or the statement regarding efforts to place the child/youth without adoption assistance.

3. Are IV-E eligible in a previous adoption and the adoptive parents have relinquished, had their parental rights terminated, or died and the child/youth are placed in a subsequent adoptive placement, then the child/youth retain Title IV-E eligibility for adoption assistance in their new adoptive placement. Additional requirements for this pathway to eligibility include:

a. A new determination regarding the child/youth's continuing needs.

b. Completion of a new adoption assistance agreement with the new prospective adoptive parent(s).

c. If the previous adoptive parent(s) is(are) deceased, a copy of the death certificate must be provided.

4. Is in mutual foster care placement with a county department.

a. The child must be placed with their teen parent; and,

b. The foster care payment included both the child and the teen parent.

5. Is in foster care by voluntary placement agreement with a county department (a tribe or another public agency with which the state/county has a Title IV-E agreement). The child/youth must meet the requirement outlined in section 7.601.71.

a. There must have been at least one Title IV-E foster care maintenance payment made on behalf of the child/youth under the voluntary placement agreement.

b. Under this factor, there is no specified amount of time that the child/youth must have been in foster care under the voluntary placement agreement.

6. A child/youth who was voluntarily relinquished to a public or private licensed non-profit agency must meet the requirements in section 7.601.71.F., and:

a. A petition was filed in court to place the child/youth outside of the home within six months of the time the child/youth lived with the relinquishing parent; and,

b. A subsequent order was issued which included findings that it is in the best interest of the child/youth to be placed out of the home; and,

c. Legal orders placing the child/youth in the custody of a public or private licensed non-profit child placement agency with authority to consent to the child/youth's adoption;

d. The agency must provide documentation of the efforts the agency made to place the child/youth for adoption without an adoption assistance agreement, except as provided in section 7.306.4.A.3.C., when the child/youth meets the Federal Applicable Child Criteria.

7. If the child/youth does not meet the Federal Applicable Child Criteria, has identified needs, and if they are between the ages of 2 and 18 years in the Federal Fiscal Year in which the adoption assistance agreement is signed by all parties, the child/youth will become categorically eligible for Title IV-E adoption assistance (delinking). A child/youth still must meet removal requirements of section 7.601.71. This requirement is in effect during the period of January 1, 2018, through June 30,2024. This includes children/youth who turn two during the current federal fiscal year in which they are adopted.

8. County Departments of Human/Social Services shall continue the adoption assistance agreement if the extension is requested by the adoptive parent(s) and claim Title IV-E funds for youth 18 years of age through the 21^st birthday (adoption Medicaid will still continue through the end of the month of the 21st birthday) when one of the following criteria is met:

a. The county shall document in the record that the youth is enrolled full-time in high school or vocational training and is making progress in the program; or completing secondary education; or is enrolled in a program leading to an equivalent credential; or,

b. Enrolled in an institution that provides postsecondary or vocational education (section 7.306.54); or,

c. A youth who is identified in the original adoption assistance agreement as having an intellectual and or developmental disability or a physical handicap, is between the age of 18-21, and continues to live at home, may continue to be eligible for the adoption assistance program as long as these disabilities were identified and documented in the original agreement paperwork or is genetic in nature; or,

d. Participation in a program or activity designed to promote or remove barriers to employment; or,

e. Employed for at least eighty hours per month.

9. After a child/youth has been determined eligible for Title IV-E adoption assistance payments and/or Title IV-E Medicaid benefits, Title IV-E eligibility continues as long as there is an adoption assistance agreement in effect as outlined below:

a. The child/youth meet the requirements regardless of the family's state of residence.

b. Eligibility may continue even though no payments or Medicaid benefit is currently paid; therefore, maintaining the potential Title IV-E benefits if needed later.

c. Until the expiration of the original agreement unless all parties to the agreement are in concurrence in a subsequent written and signed document.

10. The county shall obtain annual documentation of school attendance or reasons for inability to attend. The documentation must demonstrate that each child/youth who is eligible for adoption assistance and who has attained the minimum age for compulsory school attendance is:

a. Enrolled or in the process of enrolling in an institution that provides elementary or secondary education, or,

b. Instructed in elementary or secondary education at home in accordance with the home school statute, or,

c. In an independent study elementary or secondary education program in accordance with statute, and which is administered by the local school, school district, or Board of Cooperative Education (BOCES), or,

d. Incapable of attending school on a full-time basis due to the medical condition of the youth or child. The reasons shall be supported by regularly updated information in the educational plan maintained by the school, school district, or Boards of Cooperative Educational Services (BOCES).

B. Out-of-Home Placement of a Child/Youth Who is in the Custody of the County While Receiving Adoption Assistance

1. Title IV-E eligibility must be determined when a child/youth is dually placed in foster care and adoption assistance. The child/youth does not automatically retain the Title IV-E eligibility while in foster care and out of home placement.

2. The State prescribed form must be completed using the adoptive parent(s)' income.

3. The child/youth, upon returning to the adoptive parent(s)' home, continues to be eligible for the Title IV-E adoption assistance agreement.

4. If the adoptive family does not reside in the state of Colorado this does not apply.

C. Assessment of Parental Fees for Placement Out of the Home for Children/Youth Receiving Title IV-E Adoption Assistance:

1. If the adoptive parent(s) are receiving Title IV-E adoption assistance and the child/youth is under the custody of the department and placed in out-of-home for a duration of over thirty (30) calendar days, the department and the family have two options:

a. To assess a parental fee (child support) from the family not to exceed the amount of the adoption assistance payment they are receiving under their adoption assistance agreement; or,

b. To execute an amended agreement, which would reduce the adoption assistance payment to $0 and place it on Medicaid-only status until such time that the child/youth returns to the custody of the parent(s).

2. The parental fee will not be discontinued because the child/youth returns to the home of the adoptive parents for holidays or visits while the child/youth is under the custody of the department.

3. During the time the adoption assistance payment is in Medicaid-only status, the parent(s) will not be assessed a parental share fee for the child/youth's out-of-home placement.

D. Eligibility Determination for Medicaid in Title IV-E Adoption Assistance

1. Children/youth with an effective adoption assistance agreement are eligible for Medicaid in the state they reside. See Medical Resources section, 7.402 Medicaid for children/youth covered by the Interstate Compact on Adoptions and Medical Assistance (ICAMA).

2. An adoption assistance payment is not required to extend Medicaid coverage.

3. Colorado is a member of the Interstate Compact to Adoption and Medicaid Assistance (ICAMA). Procedures for completing and complying with the compact are in the Medical Resources section, Children Moving from Colorado (Section 7.420.3, B.).

4. Medicaid eligibility shall be continued for IV-E eligible children/youth who are out of the home for more than thirty (30) calendar days unless it is determined that they are eligible for Medicaid under another program by completing the State approved form.

5. Medicaid eligibility for all children/youth receiving Medicaid shall be re-determined yearly only if the child/youth continues to be eligible for Medicaid. This can be done by completing the State prescribed form or completing a form letter that the children/youth continue to be eligible for Medicaid. This form letter shall be sent to the other states by the county department to ensure continuation of Medicaid for a child/youth who is residing out of state.

6. Upon verification that Medicaid has been opened by the receiving state, the county department will ensure Colorado Medicaid is closed.

E. County Process for Title IV-E Adoption Assistance Agreements

1. Determine and document a child's/youth's identified needs and eligibility for adoption assistance.

2. Denial of assistance based solely on a means test of the adoptive family is not allowed and must not be substituted for the agreement.

a. The circumstances of the family, as defined in C.R.S. § 26-7-102(5), should be considered in negotiating the adoption assistance agreement. "Circumstances of the family" is defined as the capacity of the family, including but not limited to financial capacity, to meet the anticipated needs of the eligible child or youth. The county is entitled to request and receive financial information regarding the family, including assets, liabilities, and insurance benefits in negotiating the initial agreement and any subsequent increases in adoption assistance but may not be used as the sole factor.

3. The adoption assistance agreement shall be established in accordance with the state's written policy and is consistent with state and federal regulations. The policy shall outline the criteria used for determining the amount of adoption assistance.

a. County departments shall use the Colorado Adoption Assistance Negotiation Worksheet with the potential adoptive family for all adoption assistance determinations and negotiations.

1. If adoptive parent(s) choose(s) to refuse all adoption assistance including monthly cash assistance, Medicaid, and/or case services, they must sign the permanent refusal of adoption assistance form.

2. If adoption parent(s) request a Medicaid only adoption assistance agreement and/or non-recurring adoption expenses they may choose to decline completing the Adoption Assistance Negotiation Worksheet and sign the request for Medicaid only adoption assistance form. However, they still must sign an adoption assistance agreement.

b. County departments shall adopt the policies and procedures outlined in the State of Colorado's adoption assistance policy. A copy of the written policy shall be provided to adoptive parent(s) at least 5 business days prior to a negotiation meeting.

4. It is not permissible for a county to include a statement in the adoption assistance agreement that IV-E adoption assistance payments and/or services are subject to the appropriation of state funds.

5. The county department shall make a good faith effort to negotiate an adoption assistance agreement with the adoptive parent(s). The county shall base the negotiation on the current and anticipated needs of the child/youth and the circumstances of the adoptive parent(s).

a. A good faith negotiation means to deal honestly and fairly with one another. There must be a discussion between the county department and the adoptive parent(s).

b. At the negotiation meeting, the county department will explain all aspects of the program and the agreed-upon amount of assistance which considers the needs of the child/youth.

c. If the parties cannot come to an agreement, the county department shall establish the adoption assistance amount. If the family disagrees with the decision, a fair hearing can be requested.

6. Negotiate with the adoptive parents to request the amount that is needed by the family to meet the child's/youth's needs. This may be less than the amount for which the child/youth qualifies.

7. The county may negotiate up to the monthly foster care rate in appropriate cases. The amount shall be no more than the rate that is being paid for the child's/youth's current out-of-home care or that would have been paid if the child/youth were in paid out-of-home care today. The monthly respite care payment that is provided under the foster care program is not a benefit under the adoption assistance program. If the county and the prospective adoptive family do not agree to an amount, the county shall make an offer. The adoptive family may reject that offer and take the matter to a fair hearing.

8. If a child/youth with mental, intellectual or developmental disability that is documented and defined by a licensed medical professional is receiving an allowance in addition to the foster care payment at the time the child/youth is placed for adoption, the allowance may continue under the adoption assistance program if the child/youth continues to meet the criteria outlined in "Child with Adoption assistance" Section 7.306.4, A.

9. County departments who pay more than the child's/youth's foster care rate or in the event that the child/youth is not in foster care, the rate that would have been paid based on the child's/youth's original or amended adoption assistance agreement shall reimburse the state for ninety percent (90%) of the payment that is over the foster care rate.

10. Use the State prescribed forms to document the negotiated agreement for IV-E adoption assistance and attach supporting documentation.

11. Complete and sign the adoption assistance agreement form specifying:

a. The dollar amount of any adoption assistance and a summary of case services agreed upon being provided, if applicable.

b. The duration date of the agreement:

1. Until the adopted child/youth reaches the age of 18 years; or,

2. Up to 21 years in the case of a child/youth who has a physical, intellectual or developmental disability; or,

a. The county shall document in the record that the youth is enrolled full-time in high school or vocational training and is making progress in the program or completing secondary education or is enrolled in a program leading to an equivalent credential.

b. Enrolled in an institution that provides postsecondary or vocational education.

c. A youth who is identified in the original adoption assistance agreement has an intellectual and or developmental disability or a physical handicap, is between the age of 18-21, and continues to live at home, may continue to be eligible for the adoption assistance program as long as these disabilities were identified;

d. Participating in a program or activity designed to promote or remove barriers to employment; or,

e. Employed for at least eighty hours per month.

3. On a case-by-case basis, the duration of an agreement may be sooner than this time. All parties must be in agreement with the earlier termination date.

4. The services and dates of services that are covered by an effective adoption assistance agreement.

5. Any reimbursement for non-recurring expenses incurred by or on behalf of the adoptive parent(s) in connection with the adoption.

c. That the adoption assistance agreement must be signed and dated by all parties prior to the effective date of the agreement and before the adoption is finalized. If the county fails to completely execute the initial adoption assistance agreement prior to the effective date and prior to the finalization of the adoption, the assistance payment will become non-reimbursable by the State and IV-E moneys.

12. The adoption assistance agreement must be reviewed at least every three years. The county department shall provide written notice of the upcoming review to the adoptive family.

a. The agreement may be adjusted after a good-faith negotiation and with the concurrence of the adoptive family. An adjustment is reviewable through the administrative law process upon the request of the family. Any party may request a review of the agreement prior to the three-year mandatory review if changes occur in the needs of the adoptive child or youth or in the circumstances of the family.

b. Benefits provided through the program must be continued if the adoptive parent(s) leave the state of Colorado with the adopted child or youth (for additional information regarding state-to-state Medicaid services see section 7.402.4 Medicaid for children and youth covered by the Interstate Compact on Adoptions and Medical Assistance (ICAMA)).

13. The county or adoptive family may request to renegotiate an existing adoption assistance agreement at any based on changes in the needs of the adopted child or youth or in the circumstances of the family related to the original eligibility criteria known and documented at the time of the finalization of the adoption.

a. Any new agreement must include the circumstances under which the county department may suspend adoption assistance payments.

b. The agreement may be adjusted after a good faith negotiation and with the concurrence of the adoptive family. An adjustment is reviewable through the administrative law process upon the request of the family. Any party may request a review of the agreement prior to the three-year mandatory review if changes occur in the needs of the adoptive child or youth or in the circumstances of the family.

F. There are situations after finalization when adoptive parents can request a state level fair hearing before an Administrative Law Judge concerning the adopted child's/youth's eligibility for adoption assistance benefits or the amount of those benefits. These situations include but are not limited to:

1. Relevant facts regarding the child/youth that were known and not presented to the adoptive parent(s) prior to the finalization of the adoption.

2. Denial of assistance based upon a means test of the adoptive family.

3. Erroneous determination that a child/youth is ineligible for adoption assistance.

4. Denial of a request for a change in payment level due to a change in the child/youth's needs and/or in the adoptive parent(s)' circumstances.

5. Failure by the county or non-profit child placement agency to advise the adoptive parent(s) about the availability of adoption assistance for children/youth who have been identified with special needs.

6. Decrease in the amount of adoption assistance without the concurrence of the adoptive parent(s) (for Title IV-E adoption assistance agreements, only).

7.306.42Non-Title IV-E Adoption Assistance

A. Pathways to Eligibility

The following are ways to become eligible for non-Title IV-E adoption assistance:

1. The county department has guardianship of the person(s) (children/youth) with the authority to consent to adoption.

2. The county department or non-profit child placement agency has guardianship of the person (children/youth) with the right to consent to adoption, but the current caregiver has physical custody of the children/youth.

3. The child(ren)/youth is not a citizen or a qualified citizen but is being adopted by a U.S. citizen or qualified citizen.

4. A person has custody of a child/youth given by proper order of a dependency and neglect court.

5. The child/youth was not Title IV-E eligible in foster care and does not meet the Federal Applicable Child Criteria (delinking).

6. All county departments of human/social services and Title IV-E eligibility staff are required to determine children and youth eligible for Title IV-E adoption assistance, if the following applies:

a. The child or youth was in the custody of relatives or kin at the time of termination of parental rights in a dependency and neglect action; and/or,

b. The child or youth was in the care or custody of a public or licensed private non-profit child placement agency or Indian tribal organization pursuant to:

1. An involuntary removal of the child or youth from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child or youth; or,

2. A voluntary placement agreement or voluntary relinquishment; and,

3. The termination of parental rights/relinquishment orders contain the judicial determination to the effect that the county department/Indian tribal organization has guardianship of the child or youth to consent to that child or youth's adoption; and the child or youth has been determined by the county, pursuant to section 7.306.4.a.d. to be an eligible child or youth.

B. Foster Care Placement of a Child/Youth Under an Adoption Assistance Agreement

1. The State prescribed form must be completed to determine Title IV-E eligibility using the adoptive parent(s)' income.

2. The child/youth, upon returning to the adoptive parent(s)' home, returns to the previous non-IV-E adoption assistance agreement.

C. Eligibility Determination for Medicaid in Non-Title IV-E Eligible

1. Colorado children/youth who are eligible for an adoption assistance agreement, but are not Title IV-E are eligible for Medicaid in Colorado or reciprocal states, only.

2. An adoption assistance payment is not required to extend Medicaid coverage.

3. Medicaid eligibility may or may not be continued for non-IV-E eligible children/youth who are out of the home for more than thirty (30) calendar days.

4. Medicaid eligibility for all children/youth receiving Medicaid shall be redetermined yearly only if the child/youth continues to be eligible for Medicaid. This can be done by completing the State prescribed form.

D. Non-Title IV-E Adoption Assistance Payments

1. Determine and document a child's/youth's identified needs and eligibility for adoption assistance.

2. Denial of assistance based solely on a means test of the adoptive family is not allowed and must not be substituted for the agreement.

3. The adoption assistance agreement shall be established in accordance with the State's written policy.

a. County departments shall use the Colorado Adoption Assistance Negotiation Worksheet with the potential adoptive family for all adoption assistance determinations and negotiations.

1. If adoptive parent(s) choose to refuse all adoption assistance including monthly cash assistance, Medicaid, and/or case services, they must sign the permanent refusal of adoption assistance form.

2. If adoptive parent(s) request a Medicaid only adoption assistance agreement and/or non-recurring adoption expenses they may choose to decline completing the Adoption Assistance Negotiation Worksheet and sign the request for Medicaid only adoption assistance form. However, they still must sign an adoption assistance agreement.

b. County departments shall adopt the policies and procedures outlined in the State of Colorado's adoption assistance policy. a copy of the written policy shall be provided to adoptive parent(s) at least 5 business days prior to a negotiation meeting.

4. Make a good faith effort to negotiate an adoption assistance agreement with the adoptive parent(s). The county shall base the negotiation on the current and anticipated needs of the child/youth and the circumstances of the adoptive parent(s). If the parties cannot come to an agreement, the county department shall establish the adoption assistance amount. If the family disagrees with the decision, a fair hearing can be requested.

5. The monthly respite care payment that is provided under the foster care program is not a benefit under the adoption assistance program.

6. If a child/youth with physical, mental, intellectual and developmental disabilities is receiving an allowance in addition to the foster care payment at the time the child/youth is placed for adoption, the allowance may continue under the adoption assistance program if the child/youth continues to meet the criteria outlined in "Child with Adoption assistance", Section 7.306.4.A.e.d.

7. County departments who pay more than the county's foster care rate or in the event that the child/youth is not in foster care, the rate that would have been paid based on the child's/youth's original or amended adoption assistance agreement shall reimburse the State for ninety percent (90%) of the payment that is over the foster care rate.

8. Use the State prescribed forms to document the negotiated agreement for non-Title IV-E adoption assistance and attach supporting documentation.

9. Complete and sign the Adoption assistance Agreement form specifying:

a. The dollar amount of the adoption assistance being provided, if applicable.

b. Duration of the agreement:

1. In non-Title IV-E adoption assistance agreements, duration is decided by the State's written policy, according to the identified needs of the child/youth and family circumstances. The county department shall extend the adoption assistance agreement upon the approaching expiration date if the youth meets criteria for extension and the extension is requested by the adoptive parent(s). As defined in section 7.306.54, adoption assistance may continue to the 21st birthday. In situations where adoption assistance continues through the 21st birthday, adoption Medicaid will still continue through the end of the month of the 21st birthday.

2. On a case-by-case basis, the duration of an agreement may be sooner than this time. All parties must be in agreement with the earlier termination date.

3. The adoption assistance agreement must be reviewed at least every three years. The county department shall provide written notice of the upcoming review to the adoptive family.

a. Any new agreement must include the circumstances under which the county department may suspend subsidy payments.

b. The agreement may be adjusted after good faith negotiation and with the written concurrence of the adoptive family. An adjustment is reviewable through the administrative law process upon the request of the family. Any party may request a review of the agreement prior to the three-year mandatory review if changes occur in the needs of the adoptive child/youth or in the circumstances of the family.

c. Benefits provided through the program must be continued if the adoptive parents leave the state of Colorado with the adoptive child or youth.

d. The services and dates that are covered by an effective adoption assistance agreement.

e. Any reimbursement for non-recurring adoption expenses incurred by or on behalf of the adoptive parent in connection with the adoption.

f. That the adoption assistance agreement must be signed and dated by all parties prior to the effective date of the agreement and before the adoption is finalized. If the county fails to completely execute the initial adoption assistance agreement prior to the effective data and prior to the finalization of the adoption, the assistance payment will become non-reimbursable by the State.

10. The adoption assistance agreement must be reviewed at least every three years. The county department shall provide written notice of the upcoming review to the adoptive family.

a. Any new agreement must include the circumstances under which the county department may suspend adoption assistance payments.

b. The agreement may be adjusted after good faith negotiation and with the written c concurrence of the adoptive family. An adjustment is reviewable through the administrative law process upon the request of the family. Any party may request a review of the agreement prior to the three-year mandatory review if changes occur in the needs of the adoptive child or youth or in the circumstances of the family.

c. Benefits provided through the program must be continued if the adoptive parent(s) leaves the state of Colorado with the adopted child or youth.

11. The county or adoptive family may at any time negotiate changes to an existing adoption assistance agreement based on information related to the child's/youth's current and/or anticipated needs or the family's circumstances.

7.306.43Review Of Eligibility For All Ongoing Adoption Assistance Agreements

The state department will conduct reviews of county departments' adoption assistance programs as follows:

A. The county shall review the current adoption assistance agreement every three (3) years.

1. The county department shall initiate the written notice of the review for adoption assistance sixty (60) days prior to the three-year anniversary of the agreement.

2. The adoptive family may request a review of the agreement prior to the three-year review if changes in the needs of the child/youth or family circumstances occur.

3. The adoptive parents may request a review of the adoption assistance agreement if changes in the needs of the child/youth or family circumstances occur. Any changes in the agreement must be related to the original barriers identified at the time the decision was made that adoption assistance was needed or to the child's/youth's needs that are genetic in nature, regardless of whether those needs were identified prior to adoption.

B. The county shall annually review documentation of school attendance or reasons for inability to attend. The documentation must demonstrate that each child/youth who is eligible for adoption assistance and who has attained the minimum age for compulsory school attendance is:

1. Enrolled (or in the process of enrolling) in an institution that provides elementary or secondary education, or,

2. Instructed in elementary or secondary education at home in accordance with the homeschool statute, or,

3. In an independent study elementary or secondary education program in accordance with statute, and which is administered by the local school, school district, or board of cooperative education (BOCES), or,

4. Incapable of attending school on a full-time basis due to the medical condition of the child/youth. The reasons shall be supported by regularly updated information in the educational plan maintained by the school, school district, or BOCES.

7.306.44Social Security Benefits for Children/Youth in Adoptive Placement

A. The county department shall inform adoptive parents of the potential eligibility for social security benefits of any child/youth placed with them for adoption.

B. In cases where the child/youth is eligible for both Supplemental Security Income (SSI) and Title IV-E adoption assistance, the prospective adoptive parents may make application for both programs and the child/youth, if eligible, may receive benefits from both programs. In considering the most appropriate choice of programs and deciding whether to make application for one or both, the prospective adoptive parents should be made aware of the differences between SSI and the adoption assistance program by the county department of human/social services.

C. When a child/youth is receiving Supplemental Security Income prior to adoption, the adoptive parent(s) can seek a monthly adoption assistance payment from the county department of human/social services up to the foster care maintenance payment that has been paid or would have been paid if the eligible child or youth had been in foster care at the time of the eligible child or youth's adoption. In cases where the child/youth is eligible for both Supplemental Security Income (SSI) and Title IV-E adoption assistance the adoptive parent(s) cannot receive more than the maximum foster care rate. Nothing in this paragraph shall limit the county department of human/social services from providing case services when a child/youth is SSI eligible.

7.306.45Accepting and Processing Applications for Adoption Assistance from Child Placement Agencies and Prospective Adoptive Parents Seeking a Private Adoption

A. Colorado non-profit licensed adoption agencies can access adoption assistance if the child/youth is in their custody and meets Title IV-E eligibility, as outlined in section. 7.601.7. Prospective adoptive parent(s) can also access adoption assistance in a private adoption if the child/youth is determined to be eligible for Social Security Income or is in their custody through a court order of a dependency and neglect court, such as guardianship or allocation of parental responsibilities, and meets Title IV-E eligibility as outlined in section 7.601.7. The adoption assistance application, whether being made by a licensed adoption agency or prospective adoptive parent(s), should be made in the first instance to the Colorado Division of Child Welfare.

1. Upon receipt of the complete application, the Colorado Division of Child Welfare shall determine the overall eligibility of the child/youth. If the Division of Child Welfare determines there is an eligible child/youth, within ten (10) business days the Colorado Division of Child Welfare shall request financial Title IV-E eligibility from the county department of human/social services where the prospective adoptive family resides. The county department shall send verification of that determination to the Colorado Division of Child Welfare. Such determination by the county department shall be made within ten (10) business days.

2. Upon receipt of financial Title IV-E eligibility from the county department, the Colorado Division of Child Welfare Adoption Administrator shall provide the formal Title IV-E determination letter to the applicant within fourteen (14) business days. The Colorado Division of Child Welfare Adoption Administrator shall send the required documents to the Colorado county department of human/social services within fourteen (14) business days and the county department will start the adoption negotiation process with the prospective adoptive parents.

3. If the child/youth is determined to be non-Title IV-E eligible, the Colorado Division of Child Welfare Adoption Administrator will provide the adoptive family and county department of human/social services a denial letter of adoption assistance. If the child/youth is determined to be non-Title IV-E eligible, the family may consult with the county department on other services for which they or the child/youth may be eligible. It is at the discretion of the Colorado county department of human/social services if they choose to provide adoption assistance as all assistance, would be solely funded by the county. The provision of medical insurance for these children/youth can only occur through commercial insurance plans solely paid through county only funds. The only path for these child(ren)/youth is that the family meets Medicaid income parameters, or the child(ren)/youth meets waiver, or children and disabilities buy-in parameters.

4. If it is determined that the child/youth is not eligible for Title IV-E adoption assistance, the Colorado Division of Child Welfare Adoption Administrator shall inform all parties in writing the basis for the denial and their right to appeal the state's decision.

B. If the child/youth is being placed in the state of Colorado with a prospective adoptive family working with a Colorado non-profit adoption agency, the Colorado Department of Human Services will process and approve adoption assistance funded by Colorado county departments if the child/youth meets the following criteria:

1. Have Social Security Income (SSI) eligibility; or,

2. If the child/youth meets the Federal Applicable Child Criteria (delinking), has identified needs, and meets the requirements in the federal fiscal year in which the adoption is finalized, the child/youth will become categorically eligible for Title IV-E adoption assistance.

C. If the child/youth is being placed out of the state of Colorado by a Colorado non-profit adoption agency, it is at the discretion of the other state to process and fund adoption assistance.

D. After the county department approves the adoption assistance and finalization has occurred, it shall open the case on the Comprehensive Child Welfare Information System (CCWIS).

E. Approved adoption assistance payments will begin on the date of adoption finalization. The child placement agency or the prospective adoptive parents, whichever is applicable, is responsible for any costs before the initiation of the adoption assistance agreement and prior to finalization.

F. Adoption assistance available to the eligible child/youth are:

1. Medicaid (Title XIX).

2. Adoption assistance payment.

3. Non-recurring adoption expenses.

4. Adoption case services.

G. Before finalization of the adoption, the child placement agency that arranged the adoption, if applicable, retains responsibility for continued services to the adoptive family should they be requested.

H. The county department shall terminate adoption assistance payments and eligibility for Medicaid as outlined in termination of adoption assistance (section 7.306.59).

7.306.46Reinstatement of Adoption Assistance

A. Adoption assistance agreements may be reinstated if the services requested relate to the child's/youth's identified needs or family circumstances.

B. When adoptive parents have relinquished, have had their parental rights terminated, or have died and the child/youth is placed in a subsequent adoptive placement, then the child/youth retains Title IV-E eligibility for adoption assistance in their new adoptive placement. The only determination that must be made for adoption assistance eligibility prior to the finalization of the subsequent adoption is whether the child/youth is a child/youth with one or more specific factors or conditions as set forth in Colorado Revised Statutes section 26-7-102(8).

7.306.47Suspension of Adoption Assistance

1. The county department may suspend the payment of adoption assistance available when contact with the adoptive family cannot be established and the county department cannot establish that the adoptive parent is providing any support, which includes financial support as determined by the Title IV-E agency.

2. Prior to suspension, the county department shall provide notice to the adoptive parent(s) of intent to suspend adoption assistance payments at least ten days prior to suspension and shall include in the notice:

a. A statement of the county department's intent to suspend adoption assistance payments, as well as the reasons and legal basis for the intended suspension;

b. A description of the adoptive parent(s)' right to request a fair hearing pursuant to 45 C.F.R. § 205.10; "(current through May 3, 2023) can be found in the Code of Federal Regulations. No later amendments or editions are incorporated. The Code of Federal Regulations are available at no cost from the U.S. Health Resources and Services Administration, Office of Communications 5600 FISHERS LANE, ROCKVILLE, MD 20857 or at https://www.ecfr.gov/. The regulations are also available for public inspection and copying by contacting the Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203 during regular business hours."

c. A description of the circumstances under which adoption assistance must be continued if a hearing is requested; and

d. The circumstances under which a suspension may be reversed without a fair hearing.

3. When the adoption assistance payment is suspended, the eligible child or youth remains Title IV-E eligible, the Title IV-E agreement remains in effect, and the eligible child or youth remains eligible for, and in receipt of, medical assistance.

7.306.48Termination of Adoption Assistance Agreement

1. The county department shall terminate the payment of adoption assistance available when any of the following situations occur:

a. The child or youth reaches eighteen (18) years of age; except that, in cases where the county department has determined that the youth meets eligibility for extension of the adoption assistance agreement which warrants continued assistance, the payment of adoption assistance shall continue until the child or youth reaches twenty-one (21) years of age;

b. The adoptive parent or parents are no longer legally responsible for the support of the child or youth;

c. The child or youth is no longer receiving support from the adoptive family, which includes financial support as determined by the Title IV-E agency, or

d. The county department certifies the death, marriage, or enrollment in military service of the child or youth.

2. Adoptive parents who receive adoption assistance shall keep the county department that is administering the program informed of circumstances that would make them ineligible to continue to receive adoption assistance.

7.306.5INSTRUCTIONS FOR REIMBURSEMENT OF ADOPTION ASSISTANCE SERVICES

7.306.51Medical Payments in Adoption Assistance Agreements

7.306.511General Provisions

A. Adoption assistance agreement payments are made directly to adoptive parents for a service already received or to a vendor for treatment of a physical or developmental disabilities or emotional disturbance. An adoption assistance agreement shall relate directly to the barrier or barriers identified at the time the initial agreement is approved, as not otherwise covered by Medicaid.

B. Adoption assistance agreements are not available for treatment of any physical or developmental disability or emotional disturbance diagnosed after finalization of the adoption.

C. Adoption assistance agreements may be used to supplement any other available resource such as an adoptive family's private insurance that pays part but not all for the child's treatment (physical, mental, and emotional).

D. Adoption assistance agreements can only be used for Medicaid cases if the service requested would not be covered under the State Medicaid Plan (as evidenced by an eligibility coverage decision) and relates to the direct barrier/need identified at the time the child is placed for adoption. Please refer to C.C.R..2505-10 8.000 - 8.6000 (June 30, 2020) for more information about eligibility coverage plans. These regulations are available at no cost from the Colorado Secretary of State, 1700 Broadway, Denver, Co 80290 or at https://www.sos.state.co.us/. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Community Partnerships, 1575 Sherman St, Denver, Co 80203, during regular business hours

7.306.52Reimbursable and Non-Reimbursable Adoption Assistance Case Services

Prior to the negotiation meeting, the county department shall provide the adoptive family's contact information to a representative of the Accountable Care Collaborative (ACC) and request that they contact the family within 72 business hours to discuss Medicaid covered and non-covered services. An ACC representative may be present during the negotiation meeting at the invitation of the adoptive family or the county department. The ACC representative will act as a neutral party strictly for the purposes of providing information regarding services that are covered by Medicaid.

The county department shall provide access to the Colorado Medicaid member handbook, either electronically or in hard copy. This handbook is also available at no cost from Health First Colorado, Colorado's Medicaid program, 1570 Grant Street, Denver, Co 80203 or at https://www.healthfirstcolorado.com/benefits-services/ this handbook is available for public inspection and copying at the Colorado Department of Human Services, Office of Community Partnerships, 1575 Sherman St, Denver co 80203, during regular business hours.

Case services are a type of purchased program services that support a case plan for children/youth in out-of home placement or an adoption assistance agreement.

Case services are provided to meet a child/youth special needs identified when the child is placed for adoption and which are not covered by the adoption assistance or Medicaid. assistance agreements.

Adoptive families may request reimbursement, all or in part, for non-Medicaid covered services to support the health and well-being of an eligible child or youth, and considering the circumstances of the family as defined in C.R.S. 26-7-102(5).

Such services may be reimbursed if:

1. Documented and recommended or prescribed by a medical, dental, mental health and/or educational professional, or other qualified professional based upon education, professional experience, certification, or licensure.

2. Designed to appropriately meet the needs of the eligible child or youth that would otherwise be a barrier to adoption.

Such requested services may include but not be limited to, child care, tutoring in coordination with school services in order to achieve age appropriate grade level academic competency or therapies, such as animal-assisted therapy, or therapeutically recommended prosocial or recreational activities. Funding for such services shall be negotiated in good faith by the parties, giving consideration to the circumstances of the adoptive family pursuant to C.R.S. 26-7-102 (5). In no case will the county reimburse for such services when they are available at no cost, provided through another reasonably accessible public program or covered by the adoptive family's private insurance. provided, however, that the decision to add the child on the adoptive family's private insurance shall be at the adoptive family's sole election.

If the child/youth is placed in an adoptive home in a state other than Colorado at the time of finalization, the county department representative from Colorado will contact the family's Interstate Compact on the Placement Child (ICPC) case manager in the receiving state to gather and provide the necessary information for the adopting parents to have the opportunity to contact a Medicaid liaison in the receiving state to attend the negotiation meeting to discuss Medicaid coverage in the receiving state post-adoption; and to gather post-adoption services information provided in the receiving state.

To be eligible for case services in an adoption assistance agreement, the State prescribed form outlining the agreement must be in place and the case open in the Comprehensive Child Welfare Information system as an adoption assistance case.

7.306.53Non-Recurring Adoption Expenses

A. Reimbursement for the following non-recurring adoption expenses, not to exceed the federal allowed amount per child/youth, is available to parents adopting an eligible child/youth:

Reimbursement for non-recurring adoption expenses, pursuant to 42 U.S.C. 673 (a) (6) (a) includes reasonable and necessary adoption fees, court costs, attorney fees (including attorney's fees in connection with representing parents seeking adoption assistance for an eligible child/youth) and other expenses (including advocate fees in connection with representing parents seeking adoption assistance for an eligible child/youth) that are directly related to the legal adoption of an eligible child or youth. "Other Expenses" are defined as the costs of adoption incurred by or on behalf of the adoptive parents and for which they carry the ultimate liability for payment, including the adoption study, health and psychological examinations, supervision of the placement prior to adoption, transportation and the reasonable costs of lodging and food for the child or youth and/or the adoptive parents when necessary to complete the adoption process.

The federal allowed amount per child/youth is set forth under 42 U.S.C. § 673 (2019). This federal statutory provision is available at no cost from the U.S. Health & Human Services, Administration for Children & Families 330 C Street, S.W., Washington, D.C. 20201 or at https://www.acf.hhs.gov/cb. This federal statutory provision is also available for public inspection and copying at the Colorado Department of Human Services, Office of Community Partnerships, 1575 Sherman St, Denver, Co 80203, during regular business hours.

7.306.54Continuing Adoption Assistance Agreements Beyond Eighteen Years Of Age

County Departments of Human/Social Services may claim title IV-E funds for youth 18 years of age through the month of the twenty first birthday when one of the following criteria is met:

A. The county shall document in the record that the youth is enrolled full-time in high school or vocational training and is making progress in the program; or completing secondary education or is enrolled in a program leading to an equivalent credential.

B. Enrolled in an institution that provides postsecondary or vocational education.

C. A youth who is identified in the original adoption assistance agreement has an intellectual and or developmental disability or a physically handicap, is between the age of 18-21, and continues to live at home, may continue to be eligible for the adoption assistance program as long as these disabilities were identified and documented in the original agreement paperwork or is genetic in nature.

D. Participating in a program or activity designed to promote or remove barriers to employment; or

E. Employed for at least eighty hours per month

7.306.55Post Adoption Services

The county that signed the initial adoption assistance agreement is responsible for maintaining or renegotiating the agreement post adoption subject to the agreement being terminated pursuant to C.R.S. section 26-7-109. The county of residence of the adoptive parents following the adoption will not be responsible for the renegotiation of such agreement.

If an adoptive family wishes to renegotiate an existing agreement, they must contact the county that provided the initial adoption assistance, regardless of the county, state or country of residence. Any renegotiation of services and benefits can be requested at any time by the adoptive family and will be based upon the needs of the eligible child/youth and the circumstances of the adoptive family.

If additional support is needed, the family may seek services from the county of residence. The county of residence, in consultation with the county that signed the initial adoption assistance agreement, shall make reasonable efforts to locate and connect the adoptive family with appropriate and accessible service providers.

7.306.56Adoption Records

A. The county department shall maintain a record for the child/youth in its custody who is approved for adoptive placement. It shall ensure that all documentation related to the child/youth's adoption is in the record. The following must be included, but is not limited to:

1. Court order issued at the time of initial removal;

2. Voluntary placement agreement, if applicable;

3. order for termination of parental rights or order for relinquishment of parental rights;

4. Child/youth and family study;

5. Adoptive family's application;

6. Adoptive family's home study and any updates, as necessary;

7. Documentation of the child/youth's special needs (7.306.4, A, 3, D, 1-5).

8. Documentation of child/youth's tribal affiliation, if applicable;

9. Time and date-stamped petition for adoption;

10. Final decree of adoption.

B. Upon completion of legal adoption, the county department shall close the case in the CCWIS system within 30 calendar days, unless the child receives adoption assistance.

C. Within 90 calendar days of the date of finalization of the adoption, the county will send to state basic data on the family and children/youth for entry in the statewide database using the state's approved form. This information shall be supported and reflect what is in the CCWIS system.

D. In adoption assistance cases, the county department shall maintain a separate record to include the following items, as long as the adoption assistance agreement is in effect for the child/youth and family. Upon termination of this adoption assistance agreement, the record shall be closed immediately.

1. Current adoptive home study and any necessary updates;

2. Child/youth's summary and application for adoption assistance;

3. Initial adoption assistance agreement;

4. Court order issued at time of initial removal;

5. Voluntary placement agreement, if applicable;

6. Subsequent order on review for need of placement, if applicable;

7. Review of adoption assistance agreement and three year reviews of need for adoption assistance or any amendments of the original adoption assistance agreement;

8. Adoption assistance title iv-e eligibility determination form;

9. Title IV-E foster care eligibility determination form;

10. Title IV-E redetermination of eligibility determination form(s);

11. A copy of the social security income eligibility notification;

12. Petition to adopt time and date-stamped by the court;

13. Final adoption decree;

14. Orders terminating parental rights;

15. Appeal petition of the termination and final order resolving appeal of the termination;

16. Indian Child Welfare cases, if known tribal affiliation;

17. Documentation of the child/youth's special needs (7.306.4, A, 3, D, 1-5);

18. Motion to court to expedite the date of the final hearing, if applicable.

E. County departments providing adoption assistance to children/youth from private non-profit adoption agencies or relatives shall maintain, in a secure location at the county, the records containing the adoption assistance information listed in subsection D, above.

F. County departments providing a subsequent adoption assistance agreement to children/youth whose previous adoption was dissolved shall maintain, in a secure location at the county department, the records containing the adoption assistance information listed in subsection d, above. additional required information includes:

1. New documentation assessing and identifying the child/youth's continuing special needs; and,

2. All of the adoption assistance forms and documentation from the previous adoptive family.

G. County departments providing an adoption assistance agreement to children/youth who were in foster care with the teen parent/s, shall maintain, in a secure location at the county department, their records containing the adoption assistance information listed in subsection D, above. Additional required information must include proof of foster care payment made that includes both the child/youth and his/her teen parent..

7.306.57state monitoring/sanction process of adoption assistance programs in counties

The state department will conduct reviews of county departments' adoption assistance programs as follows:

A. The state will randomly select cases from the county's adoption assistance caseload.

B. The passing threshold will be issued in a memo to county departments and updated at least every three years by the state department. Each county will be given three opportunities to pass the review before a fiscal sanction is established.

1. Counties passing the initial review will be reviewed again in three years.

2. If the county fails the initial review, a second review will be conducted in the following year.

3. If the county fails the second review, a third review will be conducted in the following year.

C. At each review, the county will be given an opportunity to provide information to the state department that will enable the case that is out of compliance to pass the review.

D. At each review, the state department will offer the county failing the review technical assistance based on issues identified during the review and will require it to develop a program improvement plan.

E. If the county fails all three reviews, the reviewed cases that are out of compliance, as determined by the memo regarding the monitoring tool, may be converted to county-only funding from the time of the third review and throughout the duration of the adoption assistance agreement.

7.306.6RIGHT TO APPEAL

A. When the county department or state department denies an application for adoption assistance, or reduces, suspends or terminates the assistance agreement, the applicant or recipient shall have a right to appeal. For purpose of an appeal arising from the state or county's denial of an application for adoption assistance reduction, suspension or termination of an adoption assistance agreement only, the procedures for appeal and state level fair hearing and that are set forth in 9 CCR 2503-8 § 3.850 shall be followed.

B. When a family who has been denied Title IV-E Subsidized Adoption benefits requests a state level Fair Hearing, it is the responsibility of the Administrative Law Judge to determine whether the applicant or recipient was wrongly denied eligibility or whether the amount of the assistance was determined correctly. (See Section 7.306.41, E, for fair hearing circumstances.)

C. The adoptive parents have the burden of proving extenuating circumstances and adoption assistance eligibility at a state level fair hearing. The state, county departments and or/its designee can provide factual information to assist the family in establishing eligibility for Title IV-E adoption assistance.

D. When either state or federal law requires or results in a reduction or deletion of services, a hearing need not be granted.

12 CCR 2509-4-7.306

38 CR 13, July 10, 2015, effective 8/1/2015

38 CR 19, October 10, 2015, effective 11/1/2015

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 03, February 10, 2016, effective 3/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 01, January 10, 2017, effective 2/1/2017

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 17, September 10, 2017, effective 10/1/2017

40 CR 21, November 10, 2017, effective 12/1/2017

41 CR 01, January 10, 2018, effective 2/1/2018

41 CR 21, November 10, 2018, effective 12/1/2018

42 CR 03, February 10, 2019, effective 3/15/2019

42 CR 05, March 10, 2019, effective 3/30/2019

42 CR 15, August 10, 2019, effective 9/1/2019

42 CR 23, December 10, 2019, effective 1/1/2020

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 09, May 10, 2020, effective 6/1/2020

43 CR 15, August 10, 2020, effective 9/1/2020

43 CR 17, September 10, 2020, effective 9/30/2020

43 CR 21, November 10, 2020, effective 12/1/2020

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 23, December 10, 2021, effective 12/30/2021

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 09, May 10, 2023, effective 6/1/2023

46 CR 13, July 10, 2023, effective 7/30/2023

47 CR 09, May 10, 2024, effective 6/1/2024