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

Number: OM-CW-2017-0005

Program Area: Child Welfare

Issue Date: April 4, 2017

Title: Documentation of Independent Living Plans and Emancipation Transition Plans in Trails

Office Director: Robert Werthwein

Memo Type: Operation

Division Director: Ann Rosales

Pertinent State/Federal Statute and/or State/Federal Rule: 42 U.S.C. 675(1)(D); 12 CCR 2509-4, 7.305.2

Expiry Date: April 4, 2020

Outcome: County staff will understand how to correctly document the requirements of 12 CCR 2509-4, 7.305.2.

Effective Date: April 4, 2017

Key Words:

Intended Recipients: This communication has been sent to all county human/social services directors. Please forward pertinent information to staff members as you deem necessary. Purpose: The purpose of this memorandum from the Division of Child Welfare (DCW) is to provide clarification and guidance regarding the requirements for completion of the Independent Living Plan (ILP) and Emancipation Transition Plan (ETP) for youth in the custody of a county department of human/social services, and provide information regarding efforts to ensure that the ILP and ETP in Trails are congruent with statute and the Code of Colorado Regulations, Volume 7 (Volume 7) requirements. Background: Per 42 U.S.C. 675(1)(D), all youth who have attained the age of fourteen (14), and are in a foster care placement must have a case plan that includes, “a written description of the programs and services which will help such child prepare for the transition from foster care to a successful adulthood.” Additionally, 12 CCR 2509-4, 7.305.2(A) requires that, “The county department shall assess all youth in foster care who have reached the age of fourteen (14) for independent living services and complete the independent living section of the Family Services Plan (FSP). This assessment and planning for independent living is required regardless of the specified permanency goal of the case plan.” As of March 6, 2017, a significant portion of youth between the ages of fourteen (14) and twenty-one (21) with open removals in Trails, do not have the independent living section of the family services plan (FSP) completed in Trails as required by 12 CCR 2509-4, 7.305.2(A). The data indicates that youth who are in out of home care may not have had critical planning completed to support them in obtaining the skills they will need to be successful in the future. Trails data also indicates that this is a statewide concern. At this time, the ILP template within Trails is not consistent with the specific areas required in 12 CCR 2509-4, 7.305.2(C), and Trails requires the same planning areas for both the ILP and ETP. This has led to confusion regarding how to best complete either the ILP or ETP within Trails, and requires the caseworker to complete areas in the ILP that may not yet be developmentally appropriate for the youth. Due to this confusion, the Administrative Review Division (ARD) has not made compliance findings regarding incomplete ILPs and ETPs since January 1, 2016, but completion of both the ETP and ILP continue to be required per 42 U.S.C. 675(1)(D) and 12 CCR 2509-4, 7.305.2(A). The Program Area 4/Youth Services Task Group will review these rules to ensure that Volume 7 is clearly congruent with Trails.

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Division of Child Welfare Operational Memorandum: OM-CW-2017-0005 April 4, 2017 Page 2 of 2

Information being conveyed: • Where in Trails information should be documented within the ETP when a specific element does not have a clear tab within the ETP. • Where in Trails information should be documented within the ILP when a specific element does not have a clear tab within the ILP. • Information regarding the resumption of compliance findings when the ILP and ETP are not completed as required by 12 CCR 2509-4, 7.305.2; and, • Information regarding the status of potential Volume 7 updates to ensure Volume 7 and Trails are congruent. Action: County departments shall review the following guidance and ensure that county staff is correctly documenting the completion of the ILP and ETP. 1.

There are several elements that are required by Volume 7 in 12 CCR 2509-4, 7.305.2(F)(5) for the ETP, but do not have a clear location for documentation within Trails. Below is an outline of those elements, and the location those elements should be documented within Trails: a. 12 CCR 2509-4, 7.305.2(F)(1), assurance the ETP meets cost of living standards for the county or state the youth chooses to reside in. i. Documentation that the ETP meets cost of living standards for the county or state the youth chooses to reside in shall be documented through a narrative in the comments box of the Employment/Budget tab of the ETP. b. 12 CCR 2509-4, 7.305.2(F)(2), an individualized written assessment used to develop the ETP. i. The specific individualized assessment used shall be documented in the Assessments Tab of the ETP within Trails, and a paper copy of the individualized assessment shall be kept within the case file. c. 12 CCR 2509-4, 7.305.2(F)(5)(e), specific options for continuing aftercare support services. i. Continuing aftercare options for any identified barriers shall be documented in the Barriers tab. ii. Comments shall be entered in the Legal Issues, Health, Mentors, Housing, Employment/Budget, and Family Involvement tabs of the ETP when concerns or barriers are identified in those specific areas.

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There are several elements that are required by Volume 7 in 12 CCR 2509-4, 7.305.2 for the ILP, but do not have a clear location for documentation within Trails. Below is an outline of those elements, and the location those elements shall be documented within Trails: a. 12 CCR 2509-4, 7.305.2(B)(2), evaluation of community resources. i. The evaluation of community resources should be documented within the Assessments tab of the ILP. b. 12 CCR 2509-4, 7.305.2(C)(1)(2), Case Plan/Court Report Description of: opportunities to engage in age/developmentally appropriate activities. i. The requirement to document within the case plan/court report opportunities to engage in age/developmentally appropriate activities shall be documented in the Family Assessment Update of the FSP Part 5A.

ARD will resume reviewing for compliance with the requirements outlined in 12 CCR 2509-4, 7.305.2 thirty (30) days following the issuance of this Operation Memorandum. The Program Area 4/Youth Services Task Group will review the rules as outlined in 12 CCR 2509-4, 7.305.2 in order to ensure they are congruent with Trails. Additionally, through the process of Trails modernization, Trails will be updated to accurately reflect the requirements outlined within 12 CCR 2509-4, 7.305.2. Supersedes: n/a Contact: Trevor Williams - 303-866-4539; [email protected] We look forward to our work together to continue to improve the safety of Colorado’s children and families. Website: https://sites.google.com/a/state.co.us/cdhs-memo-series/home