Colorado § 26-2-102.5 - Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules.

§ 26-2-102.5. Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules.

(1) Eligibility of a child for Title IV-E foster care shall be based on the aid to families with dependent children (AFDC) rules in effect on July 16, 1996.

(2) Such child must meet all of the following conditions:

(a) The placement and care of such child are the responsibility of the state department of human services or a county department of human or social services;

(b) Such child has been placed in a foster home or child care institution as a result of a judicial determination or voluntary placement agreement;

(c) Such child:

(I) Would have received aid in or for the month in which such agreement or court proceedings resulting in such judicial determination were initiated; or

(II) Would have received the aid described in subparagraph (I) of this paragraph (c) if application had been made therefor; or

(III) Had been living with a relative within the six months prior to the month in which such agreement or court proceedings resulting in such judicial determination were initiated, and such child would have received the aid described in subparagraph (I) of this paragraph (c) if in such month he or she had been living with such relative and application therefor had been made.

(3) (a) The state department shall pursue claiming Title IV-E administrative costs for independent legal representation by an attorney for a child who is a candidate for Title IV-E foster care or who is in foster care and the child's parent to prepare for and participate in all stages of foster care legal proceedings. Federal reimbursement for these administrative costs must be credited to the Title IV-E administrative cost cash fund, created in subsection (3)(b) of this section.

(b) (I) The Title IV-E administrative cost cash fund, referred to in this subsection (3) as the "fund", is hereby created in the state treasury. The fund consists of federal Title IV-E reimbursements for administrative costs described in subsection (3)(a) of this section.

(II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(III) Subject to annual appropriation by the general assembly, the state department may expend money from the fund for purposes established by rule of the state board. The state board shall work collaboratively with the state department concerning the approved purposes and allocation of money from the fund. Approved purposes may include but are not limited to advocacy for homeless and at-risk youth, education advocacy, and activities and advocacy in specialty courts that serve children and families involved in the child welfare system.

(IV) The state department shall submit as part of the annual budget process a request for spending authority for money credited to the fund. The request must include a description of the purpose for the spending authority, the method through which the allocation was determined, and the agencies to which the allocations are to be made.

(V) Federal reimbursements related to administrative costs of independent legal representation incurred by the office of the child's representative and the office of respondent parents' counsel must be disbursed from the fund to the agencies as incurred and pursuant to the state department's memorandum of understanding with the agencies.

Source: L. 97: Entire section added, p. 1228, § 12, effective July 1. L. 2001: Entire section amended, p. 742, § 8, effective June 1; entire section amended, p. 752, § 2, effective June 1. L. 2008: (1) amended, p. 1910, § 111, effective August 5. L. 2010: (1) amended, (HB 10-1043), ch. 92, p. 315, § 7, effective April 15. L. 2018: IP(2) and (2)(a) amended, (SB 18-092), ch. 38, p. 446, § 116, effective August 8. L. 2019: (3) added, (SB 19-258), ch. 257, p. 2463, § 1, effective May 23.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.