Office and Division: Office of Children, Youth & Families, Division of Child Welfare

Number: OM-CW-2015-0010

Program Area: Out-of-Home Placement

Issue Date: December 3, 2015

Title: Implementation of SB15-87, Safe Placement of Children in Foster Care Homes

Office Director: Robert Werthwein

Memo Type: Operation

Division Director: Ann Rosales

Pertinent State/Federal Statute and/or State/Federal Rule o 19-1-103, C.R.S. o 19-3-203, C.R.S. o 19-3-310, C.R.S. o 19-3-406, C.R.S. o 19-3-407, C.R.S. o 26-6-102, C.R.S. o 26-6-106.3, C.R.S. o 26-6-107, C.R.S.

Expiry Date: December 31, 2018

Outcome: To promote safety and consistency when conducting a background check for the placement of children and youth in foster care homes, kinship foster care homes, and non-certified kinship care

Effective Date: January 1, 2016

Key Words: Background check, disqualifying factor, emergency placement, foster care home, kinship foster care home, non-certified kinship care, sex offender registry Intended Recipients: This communication is being sent to county human service directors and child welfare stakeholders with responsibility for out-of-home care. Please forward pertinent information to child welfare administrators, caseworkers, supervisors, foster care/kinship care resource workers, and other staff members as necessary. Purpose: This Operation Memo is intended to notify county departments about the recent adoption of rules to implement Senate Bill (SB)15-87, regarding the Safe Placement of Children in Foster Care Homes. Rules will be effective January 1, 2016. The rules apply to the following sections in Volume 7: o Child welfare services: definitions, court-related procedures, emergency placement in noncertified kinship care, non-emergency placement in non-certified kinship care, and other placement activities in sections 7.002, 7.304.21, 7.304.53, 7.304.62; and, o Out-of-home care: certification and recertification of foster care homes (including kinship foster care homes), emergency placement, non-emergency placement (including kinship foster care homes), and responsibilities of county departments and child placement agencies (CPA) in sections 7.500, 7.600, 7.701, and 7.710. Action: Areas impacted by these rules include casework practice for completing a background check, procedures regarding emergency and non-emergency placement of children and youth in foster home care homes, kinship foster care homes, and non-certified kinship care, as well as removals from those

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placement resources as indicated. The sections outlined above provide guidance for implementing the requirements. Background: SB15-87 regarding the Safe Placement of Children in Foster Care Homes was passed by the 2015 Colorado Legislature. The bill was signed by the governor and the statute was effective on June 2, 2015. The intent of the statute is to promote safety and consistency when conducting a background check and in the placement of children and youth in foster care homes, kinship foster care homes, and non-certified kinship care. Policy memo, PM-CW-2015-0001 regarding the legislation, was issued on August 12, 2015. This operational memo provides additional guidance about implementation of the statute. The statute required rules to be promulgated on or by January 1, 2016. A description of new or revised rules is provided below: Definitions (section 7.000.2): Background check: means a set of required checks, including Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) fingerprint-based criminal history record information, the court case management system (judicial database), state automated case management system, child abuse and/or neglect records in all states that any adult living in the home has resided in the five years preceding the date of application, and the CBI sex offender registry and National Sex Offender Public Website operated by the United States Department of Justice. Disqualifying factor: means information that would preclude safe placement of children or youth in a prospective home. Factors include a prohibited criminal conviction, confirmed child abuse and/or neglect in the state automated case management system or another state, and following a review of the information, the placement is determined to be unsafe, identification of adults residing in the home on the CBI or National Sex Offender Public Website operated by the United States Department of Justice, and convictions on the court case management system similar to CBI findings. These factors apply to placement in foster care homes, kinship foster care homes, and non-certified kinship care. Non-certified kinship care: means a child and/or youth is cared for by a relative or kin who has a significant relationship with him/her, in circumstances when there is a safety concern by a county department in the home of the parent or legal guardian, and the relative or kin did not meet certification requirements for a kinship foster care home or has chosen not to pursue certification. Revisions to kinship care services when the county department has not assumed legal authority for placement or taken legal custody (19-3-407, C.R.S. and section 7.304.21, C): Prior to the county department facilitating a placement, a background check must be completed for each adult (18 years and older) living the home including: o Child abuse and neglect records in all states that any adult living in the home has resided in the five years preceding the date of application. The record check(s) must be initiated in other states no later than seven working days following placement; o CBI and FBI fingerprint-based criminal history record information checks conducted prior to placement; - Prohibited criminal histories related to child abuse, a crime of violence, an offense involving unlawful sexual behavior, a felony related to domestic violence, a felony assault and battery or drug related offense in the previous five years, and a pattern of misdemeanor conviction in the previous ten years. Exemptions include a diversion deferral or plea for a juvenile who participated in diversion (19-3-103 (44), C.R.S.) or an adult who successfully completed the child abuse and/or neglect diversion program (19-3-310, C.R.S.); o A review of the court case management system; and, o A review of the CBI sex offender registry and the National Sex Offender Public Website initially and annually, using known names and addresses of each adult residing in the home, and address-only of the kinship care home.

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County departments must document that background checks were initiated and completed for all adults living in the home in the staff requirements screen in the state automated case management system. County departments are encouraged to conduct a background check of prospective noncertified kinship care providers and other adults residing in the home as quickly as possible. A child or youth must not be placed in the home if the kin or any adult eighteen years of age or older residing in the home: o Was convicted of any offense described in section C, 6, b, 1-7 (19-3-407, C.R.S.); o Is a registered sex offender; or, o Following a review of a finding of child abuse and/or neglect in state automated case management system, it is determined the placement is unsafe. If a disqualifying factor (section 7.000.2) is identified following the placement of a child or youth, the appropriateness of continuing the placement must be evaluated. A plan is required to address the concerns as soon as possible and must be remedied no later than two weeks after the date of placement. The following information must be reviewed/evaluated and documented in the state automated case management system in the contact log (resource section) or in the case record: o The circumstances of the placement; o The vulnerability of the child or youth, including age and development; o Safety issues impacting the child and/or youth; o Supports needed by the non-certified kinship caregiver(s); and, o Identify alternative solutions to removal of the child or youth from the placement, and document the solution in the family service plan including, but not limited to, the family's current status in: risk and safety, level of functioning, strengths, specific areas of concern to be addressed, services and supports needed, and changes that must occur to mitigate the concerns. To continue placement of a child or youth with a non-certified kin or other adult living in the home with a disqualifying factor, the county department must initiate court involvement and receive a court order affirming the placement at the earliest possible court date, or the county director must affirm the placement. Kinship care services when the county department has assumed legal authority for placement or taken legal custody (19-3-406, C.R.S. and section 7.304.21, D): Emergency Visitation A background check must be initiated as soon as possible for every adult (18 years and older) residing in the home and no later than the requirements for emergency placements, in section 7.304.21, D,2,f. Emergency Placements When an emergency placement is necessary and a prospective relative or other available person is identified and a child or youth is placed into temporary custody, by law enforcement and/or the court places temporary custody with a county department, the following steps must occur: Prior to the placement of a child or youth in the home, the county department must contact law enforcement to conduct an initial name-based state and federal criminal history record check: o The results of the criminal record check must be provided verbally to the county department; o The county department or law enforcement must immediately conduct an initial criminal history record check of the relative or other available person and all adults (18 years and older) in the home; and, o When law enforcement completes the criminal history check, the county department must request a verbal report for each person’s criminal history from federal and state databases, and include the results in the case record.

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A child or youth cannot be placed in the home if the criminal history record information check contains one or more of the following criminal convictions: child abuse, a crime of violence, an offense involving unlawful sexual behavior, felony domestic violence, a felony involving physical assault or a drugrelated offense committed within the preceding five years, a violation of a protection order, a crime involving homicide, or an offense in any other state, the elements of which are substantially similar to the elements of any of the offenses described in this section (19-3-406, C.R.S.). A relative or other available person who is not disqualified, and who allows the child or youth to be placed in the home, must report to law enforcement or the county department (if a fingerprint machine is available) to submit fingerprints as soon as possible and no later than five calendar days after the placement. When documented urgent circumstances exist, fingerprint must be submitted no later than fifteen calendar days following placement. The county department must contact law enforcement or check internally (if the county department has a fingerprint machine/scanner) within fifteen days following the placement to confirm that fingerprints were submitted. If the prospective provider did not comply, the child or youth must be removed immediately from the physical custody of the person by the county department or law enforcement, unless otherwise ordered by the court. A fingerprint-based criminal history record information check must also be completed for all adults (18 years and older) residing in the home. Law enforcement is authorized to receive the results and if the check indicates the person has a disqualifying criminal history, the county department or law enforcement officer must immediately remove the child or youth from the emergency placement and cannot place with the person without court involvement and an order of the court affirming placement of the child or youth with the person. County departments are encouraged to conduct all record checks of the prospective non-certified kinship care provider and other adults (18 years and older) residing in the home as soon as possible. The following checks must be included and a copy of the information included in the case record: o Review the court case management system; o Review the state automated case management system and the child abuse and/or neglect records in all states any adult living in the home has resided in the five years preceding the date of application, including a copy of the information in the case record; and, o Review the CBI sex offender registry and the National Sex Offender Public Website initially and annually, including known names and addresses of each adult residing in the home, and addressonly of the kinship home. If information is found as a result of any check of the relative or other available person that continued placement is unsafe, the county department must remove the child or youth. If a disqualifying factor is identified following the placement of a child or youth, the appropriateness of continuing the placement must be evaluated. A plan to address the concerns must be completed as soon as possible and the concerns remedied no later than two weeks after the date of placement. The following information must be reviewed/evaluated and documented in the state automated case management system in the contact log (resource section) or in the case record: o The circumstances of the placement; o The vulnerability of the child or youth, including age and development; o Safety issues impacting the child and/or youth; o Supports needed by the non-certified kinship caregiver(s); and, o Identify alternative solutions to removal of the child or youth from the placement, and document the solution in the family service plan including, but not limited to, the family's current status in: risk and safety, level of functioning, strengths, specific areas of concern to be addressed, services and supports needed, and changes that must occur to mitigate the concerns. If the relative or other available person in the home completed a fingerprint based criminal history information record check within the three months preceding the date of placement, the check is not

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required. However, the following checks must be completed, included in the case record, and documented in the state automated case management system: o Child abuse/neglect; o The CBI sex offender registry and the National Sex Offender Public Website initially and annually, using known names and addresses of each adult residing in the home, and address-only of kinship care home; o Court case management system; and, o Contact law enforcement to determine if any additional criminal history occurred or complete an online CBI name-based check. Substitution of fingerprints for foster care certification (section 7.701): If the county department or a child placement agency (CPA) intends to accept an application for foster care, CBI must be notified within five calendar days after requesting fingerprint-based criminal history record information checks, in order to prompt flagging and automatic notification to the county department or CPA. This meets the fingerprinting requirement for an applicant for foster care certification pursuant to section 26-6-106.3, C.R.S. Sharing provider reports with the Guardian ad Litem (section 7.304.53): When court-ordered, the county department must share a foster care home, kinship foster care home, and/or non-certified kinship care home provider’s reports of fingerprint-based criminal history record information check generated by the CBI and FBI with the Guardian ad Litem (GAL), related to the placement of a child and/or youth in out-of-home care. The county department must provide a copy of the reports to the GAL and document the date the information was provided in the contact notes in the resource section in the state automated case management system or in the case record. The information sharing should also be documented during in the 90 day review and/or court review. New requirements for county foster care home certification (section 7.500): o Review the CBI sex offender registry and the National Sex Offender Public Website initially and annually, using known names and addresses for each adult residing in the home, and address- only of the foster care home; o Placement is prohibited in a foster home where a registered sex offender resides; o Review a finding of child abuse and/or neglect to determine if a placement is safe; o Exempts juveniles who participated in diversion and adults who completed the child abuse and/or neglect diversion program for relevant criminal convictions; o Complete and review reference checks with other county departments or CPAs regarding any adult (18 years and older) living in the applicant’s home as it relates to previous foster care applications or as a member of the applicant’s home; and, o For non-emergency placements, fingerprints must be submitted to CBI and all other checks completed prior to placement. Recertification of foster care homes (section 7.500): o Annual CBI sex offender registry and National Sex Offender Public Website checks must be completed using known names and addresses of each adult (18 years and older) residing in the home, and address-only of the foster care home; and, o An FBI check is required for any adults (18 years and older) living in the foster care home who left the state for three months or longer. Exemptions for Denial of a Certificate (section 7.500): Convictions of crimes requiring denial of a certificate for foster care, “Do not apply to a diversion, deferral or plea for a juvenile who participated in diversion (defined in Section 19-1-103(44), C.R.S.), and does not apply to an adult who successfully completed the child abuse and/or neglect diversion program (defined in Section 19-3-310, C.R.S.).”

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Fingerprint machines/scanners (section 7.701): County departments with fingerprint machines/scanners may complete fingerprinting for foster care homes, kinship foster care homes, and non-certified kinship care providers. Documentation of a background check (sections 7.601 and 7.710): County departments and CPAs must document that a background check was completed and included each of the required checks (section 7.000.2) for any adult residing in a foster care home, kinship foster care home, and non-certified kinship home. Failure to do so may result in sanctions. Additional information: Webinars Four webinars are scheduled to address questions regarding implementation of SB15-87, the Safe Placement of Children/Youth in Foster Care Home, at the times and dates listed below. Training credit is available. The log-in link below can be pasted into the browser. https://attendee.gotowebinar.com/rt/4177059337278041089 o Tuesday, December 15, 10:00-11:30 o Wednesday, December 16, 1:00-2:30 o Friday, December 18, 9:00-10:30 o Monday, December 21, 200-3:30 Supersedes: PM-CW-2015-0001 Contact: For questions regarding this Operation memo, please contact: Mary Griffin, Program Administrator, Foster Care and the Relative Guardianship Assistance Program [email protected] or 303-866-3546, or Jeannie Berzinskas, Kinship Care Program Administrator [email protected] or 303-866-4617 Thank you for your work and commitment to help make out-of-home care a more positive experience for the children and youth that you serve so that they have more opportunities to increase their sense of safety, permanency, and well-being. Website: https://sites.google.com/a/state.co.us/cdhs-memo-series/home