Colorado § 26-6-911 - Foster care - kinship care - rules applying generally - rule-making.

§ 26-6-911. Foster care - kinship care - rules applying generally - rule-making.

(1) The state board shall promulgate rules that apply to foster care generally, regardless of whether the foster care is provided by a foster care home certified by a county department or by a child placement agency, and to kinship care, including kinship foster care. The state board shall develop the rules in consultation with the state department, county departments, child placement agencies, and others with expertise in the development of rules regarding foster care.

(2) At a minimum, the rules described in subsection (1) of this section must include the following:

(a) Using the state department's automated database, the procedures for notifying all county departments and child placement agencies that place children in foster care and kinship foster care when the state department has identified a confirmed report of child abuse or neglect, as defined in section 19-1-103, that involves a foster care home or kinship foster care home, as well as the suspension of any further placements in the foster care home or kinship foster care home until the investigation is concluded;

(b) The immediate notification of a child's guardian ad litem or counsel for youth upon the child's placement in a foster care home, and the provision of the guardian ad litem's or counsel for youth's contact information to the foster parents;

(c) A requirement that all county departments and all child placement agencies that place children in foster care conduct and document that all of the background checks specified in section 26-6-910 (5) and (6) have been completed for any person applying to provide foster care, any person employed by the applicant to work in a foster care facility, and any adult resident of the foster care home, prior to placing a child in foster care with that person;

(d) A list of actions a county department or child placement agency shall take if a disqualifying factor is found during any of the background checks specified in sections 26-6-910 (5) and (6) and 19-3-406 (6) and (7);

(e) A list of sanctions the state department may place upon a county department or child placement agency if the required background checks for foster care homes are not completed or documented, including fines or disciplinary actions;

(f) Requirements that foster care homes must be recertified annually, including rules setting forth the procedural requirements associated with certification and recertification. The rules must include requirements that the certifying entity shall perform an on-site visit to each foster care home applying for certification or recertification and shall inspect the entire premises of the foster care home, including sleeping areas, as well as other assessments of the foster care home. Only one county department or child placement agency shall certify a foster care home at any one time. The rules must also specify a time frame for notification and the method for a child placement agency issuing or renewing a certificate to operate a foster care home to notify the state department about any certification.

(g) Rules that govern the health assessment of foster care parents by a licensed health-care professional that require a written evaluation of the person's physical and mental ability to care for foster children. If, in the opinion of the licensed health-care professional or the assessment worker, an emotional or psychological condition exists that would have a negative impact on the care of foster children, the issuance of a certificate must be conditioned on the satisfactory report of a licensed mental health practitioner.

(h) The communication requirements that must be followed between two entities that license and certify the same facility as a foster care home and as a family child care home as set forth in section 26-6-910 (4).

(3) The state department shall review the current address verification practices and policies in other states for checking the prior addresses of persons who apply to be foster care providers or kinship foster care providers and of adults who reside in the foster care home or kinship foster care home. After conducting the review, the state department shall recommend to the state board whether rules and standards should be adopted for verification of addresses of these persons by county departments and child placement agencies.

Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 810, § 17, effective July 1; (2)(b) amended, (HB 22-1295), ch. 123, p. 859, § 105, effective January 1, 2023. L. 2023: (2)(d) amended, (HB 23-1043), ch. 20, p. 80, § 5, effective August 7. L. 2024: (2)(a) amended, (SB 24-008), ch. 289, p. 1940, § 13, effective September 1.