| Summary |
Colorado's Child Welfare System Interim Study Committee.
The bill states that a court shall not delay permanency planning for a child
or youth for purposes of maintaining financial support for a kinship foster
care home, or a non-certified kinship foster care home, unless there are
exceptional circumstances as approved by the court.
The bill allows the state department of human services (state
department) to promulgate rules to modify the requirements for kinship
foster care homes, including training topics for kinship foster care
certification.
Emergency financial assistance for a kinship foster care home is
expanded to include goods needed for the child's basic care, including
beds, clothing, and transportation costs, and limited rental or housing
assistance not to exceed a 60-day subsidy.
The bill clarifies the definitions regarding foster care homes,
kinship foster care homes (kinship home), and non-certified kinship foster
care homes (non-certified kinship home). A kinship home is a home that
has been certified by a county department of human or social services
(county department) or a child placement agency to provide 24-hour care
for relatives or kin only who are less than 21 years of age. A kinship
home is eligible for financial assistance and supports. Kinship foster care
home does not include a non-certified kinship home. A non-certified
kinship home means a relative or kin who has a significant relationship
with the child or youth and who has either chosen not to pursue the
certification process or who has not met the certification requirements for
a kinship home.
The bill formally establishes the process by which a kinship home
may apply for certification from a county department or child placement
agency. A county department or child placement agency, upon the
completion of the required background checks, may issue a one-time
provisional certificate for a period of 6 months to an applicant at a
specific location who is requesting provisional certification, if requested
by the applicant. If the applicant completes the required background
checks, the county department or child placement agency shall make
payment beginning with the date of placement. The county department or
child placement agency shall complete the certification process within the
timelines promulgated by rule of the state board. The applicant has the
right to appeal any denial of certification. The state department, a county
department, or a child placement agency has the right to revoke a kinship
home's certification for cause.
Prior to issuing a certificate or subsequent certificate to an
applicant to operate a kinship home, a county department or a child
placement agency shall conduct a fingerprint-based criminal history
record check (fingerprint check) through the Colorado bureau of
investigation. The applicant shall pay, unless otherwise paid by a county
department, the costs associated with the fingerprint check to the
Colorado bureau of investigation.
The county department or child placement agency to which the
kinship home applied for certification shall extend the provisional
certification by an additional 60 days if the applicant can demonstrate that
the applicant did not cause the delay in completing all the requirements
for certification.
A kinship home may opt out of the provisional certification
process and remain eligible for supports through sources other than foster
care maintenance.
The bill stipulates that prior to transferring temporary legal custody
of any child or youth to a relative or kin, the court shall make findings
that the relative or kin was advised regarding the differences between
kinship foster care and non-certified kinship care, including but not
limited to financial assistance, custody requirements, and long-term
financial support options.
Kinship foster care homes are eligible for financial reimbursement
and supports at the same rate as foster care homes, as established in rules
promulgated by the state board of human services. Non-certified kinship
care homes are eligible for financial assistance and supports at 50% of the
foster care rate, based on the age of the child or youth receiving care.
The state department shall collaborate with the department of
education, the department of public health and environment, and the
department of health care policy and financing to develop an interagency
resource guide to assist kinship in the certification process. The state
department shall prominently post the interagency resource guide on the
state department's website.
The bill directs the state department and the judicial department to
collect data on the number of children who are placed with certified and
non-certified kin through a dependency and neglect case, regardless of
whether the kin or county has custody of the child or youth. The state
department shall make the data available on its website on or before
January 30, 2025.
On or before October 1, 2024, the state department shall study and
report to the general assembly the feasibility of using federal funds,
including but not limited to federal IV-B, IV-E, or TANF funds, or other
grant funding to provide or reimburse for the provision of brief legal
services or legal representation of relative and kin caregivers.
The bill makes conforming amendments to align statutory sections
related to foster care homes with kinship homes.
The bill takes effect September 1, 2024.
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