Statutes, codes, and regulations
Colorado Administrative Code
Department 2500 - Department of Human ServicesDivision 2509 - Social Services Rules (Volume 7; Child Welfare, Child Care Facilities)
Rule 12 CCR 2509-5 - RESOURCES, REIMBURSEMENT, REPORTING, AND PROVIDER REQUIREMENTS
Section 12 CCR 2509-5-7.407 - ADMINISTRATIVE REVIEW FINDINGS, FISCAL SANCTIONS, APPEALS, AND DISALLOWANCES [Rev. eff. 1/1/16]

12 Colo. Code Regs. § 2509-5-7.407

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Current through Register Vol. 47, No. 22, November 25, 2024
Section 12 CCR 2509-5-7.407 - ADMINISTRATIVE REVIEW FINDINGS, FISCAL SANCTIONS, APPEALS, AND DISALLOWANCES [Rev. eff. 1/1/16]
A. Fiscal sanctions and disallowances occur as a result of Administrative Review findings of non-compliance in three areas:
1. Title IV-E foster care eligibility or ineligibility has not been determined. Reimbursement is reduced by the amount of Title IV-E funds not earned.
2. Level of care of the placement is too restrictive. Reimbursement is reduced to the average cost of the determined less restrictive type of available placement, unless the child is court-ordered into the more restrictive placement against the recommendation of the county department.
3. Requirements for state reimbursement at Section 7.406.2 are not met.
B. The county shall correct the area of non-compliance or initiate court proceedings to correct the non-compliance within thirty (30) calendar days in order for reimbursement to be uninterrupted. The county department shall provide the Administrative Review Division with a copy of the motion to the court or the written request for special action by the court. Within 30 calendar days following the court hearing, the county must submit to the Administrative Review Division a copy of the county's court report documenting the county's agreement with the Administrative Review findings and a copy of the resulting order of the court.
C. If the county department disagrees with the findings, the county department may appeal in writing the denial of reimbursement. An appeal must be received by the Administrative Review Division within fifteen (15) working days of the receipt of written results of the review.
D. Reimbursement is denied from the date of the review if the county neither corrects the non-compliance nor appeals the review decision within allotted timelines.

12 CCR 2509-5-7.407

38 CR 23, December 10, 2015, effective 1/1/2016
40 CR 17, September 10, 2017, effective 10/1/2017
40 CR 21, November 10, 2017, effective 12/1/2017
41 CR 21, November 10, 2018, effective 12/1/2018
42 CR 17, September 10, 2019, effective 10/1/2019
42 CR 23, December 10, 2019, effective 1/1/2020
43 CR 21, November 10, 2020, effective 12/1/2020
44 CR 21, November 10, 2021, effective 11/1/2021
44 CR 23, December 10, 2021, effective 12/30/2021
46 CR 09, May 10, 2023, effective 6/1/2023