STATEMENT OF BASIS AND PURPOSE, FISCAL IMPACT AND SPECIFIC STATUTORY AUTHORITY OF REVISIONS MADE TO STAFF MANUAL VOLUME 12

Revisions to Sections 12.500 -Concl. - 12.500.12, 12.500 12 - 12.500.14 -Concl. were finally adopted following publication at the 5/2/86 State Board meeting, with an effective date of 7/1/86 (Document 7). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Addition of Section 12.600 was finally adopted following publication at the 2/6/87 State Board meeting, with an effective date of 4/1/87 (Document 8). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Revisions to Section 12.203 were finally adopted following publication at the 5/1/87 State Board meeting, with an effective date of 7/1/87 (Document 11). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Addition of Sections 12.700 -12.704 was finally adopted following publication at the 11/0/87 State Board meeting, with an effective date of 1/1/88 (Document 2). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Addition of Sections 12.800 -12.805.12 was finally adopted following publication at the 4/6/90 State Board meeting, with an effective date of 6/1/90 (CSPR# 90-1-24-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Deletion of Section 12.500 was finally adopted following publication at the 11/02/90 State Board meeting, with an effective date of 1/1/91 (CSPR# 90-8-23-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of Section 12.900 was adopted emergency at the 11/2/90 State Board meeting, with an effective date of 11/2/90 (CSPR# 90-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of Section 12.900 was final adoption of emergency at the 12/7/90 State Board meeting, with an effective date of 11/2/90 (CSPR# 90-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions to Sections 12.200 through 12.203 were finally adopted following publication at the 2/7/91 State Board meeting, with an effective date of 4/1/92 (CSPR# 91-10-24-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These

materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of Section 12.500 through 12.515 was adopted emergency at the 2/4/94 State Board meeting, with an effective date of 4/1/94 (CSPR# 93-10-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of Section 12.500 through 12.515 was adopted emergency and final at the 3/4/94 State Board meeting, with an effective date of 4/1/94 (CSPR# 93-10-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions to Sections 12.500 through 12.515 were final adoption following publication at the 10/7/94 State Board meeting, with an effective date of 12/1/94 (CSPR# 94-6-30-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.

Addition of Sections 12.100 through 12.111 were final adoption following publication at the 12/6/96 State Board meeting, with an effective date of 2/1/97 (CSPR# 96-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.

Sections 12.100 through 12.111 were re-promulgated as final adoption following publication at the 3/7/97 State Board meeting, with an effective date of 5/1/97 (CSPR# 96-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.

Addition of Sections 12.400 through 12.480 were adopted as emergency at the 8/4/2000 State Board meeting, with an effective date of 9/1/2000 (CSPR# 00-6-28-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, State Board Administration.

Addition of Sections 12.400 through 12.480 were adopted as emergency and final at the 9/8/2000 State Board meeting, with effective dates of 9/1/2000 and 9/8/2000 (CSPR# 00-6-28-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Revisions to Sections 12.440 and 12.470 were final adoption following publication at the 2/2/2001 State Board meeting, with an effective date of 4/1/2001 (CSPR# 00-11-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Revisions to Section 12.101.1, and addition of Section 12.120 -12.120.5 were adopted following publication at the 5/2/2003 State Board meeting, with an effective date of 7/1/2003 (Rule-making# 03-02-

11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Revisions to Sections 12.105.2 through 12.105.21 and addition of Section 12 105.22 were adopted as emergency at the 6/6/2003 State Board meeting, with an effective date of 7/1/2003 (Rule-making 3 03-02-13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Revisions to Sections 12.105.2 through 12.105.21 and addition of Section 12.105.22 were final adoption of emergency rules at the 7/11/2003 State Board meeting, with an effective date of 7/1/2003 (Rule-making# 03-02-13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

12.100 COLORADO ELECTRONIC BENEFIT TRANSFER SERVICE (CO/EBTS)

12.100.1 AUTHORITY

12.100.11

Authority for the program is contained in Colorado Revised Statutes, Sections 26-2-104 and 26-1-122 (2), as amended.

12.100.12

The Colorado Electronic Benefit Transfer Service (CO/EBTS) is intended to provide electronic benefit access, through use of a plastic debit card, to recipients of food assistance and public assistance programs. These programs include, but are not limited to, Food Stamps, Aid to Families with Dependent Children, Old Age Pension, Aid to the Needy Disabled, Aid to the Blind, and the Low-Income Energy Assistance Program. Through CO/EBTS, direct deposit payments will be made to providers of services for the Low-Income Energy Assistance Program, Child Care and Child Welfare (Subsidized Adoption and Foster Care) programs. Voucher payments (e.g., burial) will also be made by direct deposit. Other programs may be added as appropriate. Recipient payments will be made by direct deposit on a voluntary basis. Provision will be made for delivery of recipient payment of direct federal benefits by CO/EBTS.

12.101 GENERAL PROVISIONS

12.101.1 DEFINITIONS

A. Automated Teller Machine (ATM)

An “ATM” is a device which dispenses cash and provides benefit inquiries. The equipment is activated by inserting a plastic magnetic stripe card and entering a personal identification number (PIN).

B. Cash Account

A “cash account” is an authorization file maintained by the Colorado Department of Human Services on behalf of a cardholder from which withdrawal of cash benefits and purchase

transactions are authorized.

C. CO/EBTS Contractor

The “CO/EBTS contractor” is a private company hired by the Colorado Department of Human Services. The contractor will be responsible for operation of the CO/EBTS system including, but not limited to, card production, transaction processing, equipment installation/maintenance, customer service, conversion training, and account settlement.

D. Correcting Debit

A “correcting debit” is an action taken by a retailer to correct a system error.

E. CO/EBTS Conversion

“CO/EBTS conversion” is the project implementation period during which food stamps and public assistance recipients change over from receiving benefits through food coupons and warrants to accessing their benefits through CO/EBTS debit card transactions at authorized retailers' point-of- sale (POS) terminals and at automated teller (ATM) machines. Also, providers will begin receiving direct deposit payments, electronically transmitted to make accounts, rather than warrants.

F. Debit

A “debit” is a transaction initiated by the cardholder at a terminal with use of a PIN resulting in a deduction against the balance of the cardholder's account, which has been credited by the value and category of public assistance benefits authorized.

G. Direct Deposit

“Direct deposit” is the process by which the Colorado Department of Human Services credits a client's or provider's bank account upon authorization by the Colorado EBTS program.

H. Electronic Benefit Transfer Service (EBTS)

“EBTS” is the delivery of government benefits and payments through electronic means and equipment.

I. Food Stamp Account

A “food stamp account” is an authorization file maintained by the Colorado Department of Human Services on behalf of a cardholder from which food stamp purchases at approved merchants are authorized.

J. Food Stamp Transaction

A “food stamp transaction” is authorized from a food stamp account in which the entire transaction amount is for the purchase of food at an approved merchant in accordance with the Food Stamp Program. A food stamp transaction must not include cash back.

K. Encryption

“Encryption” is the process which protects PIN data by altering the information to make it unrecognizable. These data are encrypted before transmission over communications lines rendering them unintelligible.

L. Personal Identification Number (PIN)

The “PIN” is a four to six digit secret number or word either selected by the cardholder or randomly assigned by the card processor. The PIN is used by the cardholder to initiate an EBTS transaction.

M. Point of Sale (POS) Terminal

“POS” terminals are electronic devices located at retail outlets through which cardholders can conduct EBTS food stamp and cash transactions by swiping their card and entering their PIN on a key pad.

N. Primary Account Number (PAN)

The “PAN” is a number embossed on the front of the debit card, by the card issuer, which identifies the cardholder.

O. Retailer

“Retailer” is the commercial location, such as a grocery store or automated teller machine, where the EBT cardholder redeems food or cash benefits.

P. System Error

A “system error” is an auditable processing failure at any point in the EBT redemption process that results in the improper crediting or debiting of an account or in the failure to credit or debit an account.

Q. Transaction

A “transaction” is an electronic interchange at a point of sale device or ATM resulting in the exchange of financial information concerning a recipient account.

12.102 ACCOUNT SET-UP

The county department of social services shall input account set-up data into the various CDHS systems, using state department established file formats and data layouts, to facilitate system transmission of account set-up records to the CO/EBTS contractor. County departments may opt, particularly in emergency cases, to transmit account set-up files on-line directly to the CO/EBTS contractor.

12.103 CARD/PIN ISSUANCE AND ACCOUNTABILITY

The county department of social services shall establish secure procedures for issuance of CO/EBTS debit cards and personal identification numbers. County departments may issue a card at the initial client interview, but under no circumstance shall a card for a non-expedited case be issued later than 30 calendar days after the application date.

12.103.1 OVER-THE COUNTER ISSUANCE

12.103.11 Card Stock

Each county department of social services shall maintain the capability to issue cards on-site at its primary location and satellite offices. The CO/EBTS contractor will provide counties with an initial supply of sequentially numbered cards containing pre-embossed primary account numbers; county departments must reorder cards from the CO/EBTS contractor as needed to ensure an adequate supply at all times.

12.103.12 PIN Selection

The county department of social services shall issue PINs through encryption devices supplied by the state department. Recipients shall select their own PINs when cards are issued over-the-counter.

12.103.13 Expedited Issuance

The county department of social services shall issue CO/EBTS debit cards no later than the sixth day after application for recipients entitled to expedited benefits/payments as defined by specific program rules.

12.103.2 MAIL ISSUANCE

The county department of social services shall initiate issuance of cards and PINs through the mail during CO/EBTS conversion by submitting account set-up files to the CO/EBTS contractor. The county department may request mail issuance on a case-by-case basis thereafter by entering a positive mail indicator in the account set-up file transmitted to the CO/EBTS contractor.

After conversion, county departments may request mail issuance in those situations where in-person issuance would constitute an inconvenience to :he recipient. County departments may also mail cards/PINs to clients residing a distance from the issuance site such that transportation would constitute a hardship.

12.104 REPORTS OF LOST, STOLEN CARDS AND UNAUTHORIZED USE

The county department of social services shall facilitate de-activation of CO/EBTS debit cards reported by cardholders to be lost, stolen, or used by unauthorized parties. Upon receiving such a report, the county department may instruct the recipient to phone the CO/EBTS contractor's customer service line to report the incident and request card de-activation. If the recipient cannot or refused to call, the county department shall immediately report the incident and request card de- activation to the CO/EBTS contractor customer service representative on behalf of the recipient.

12.105 CARD REPLACEMENT

The county department of social services shall replace CO/EBTS debit cards for eligible recipients when cards are reported to be lost, stolen, or non-functioning. County departments may issue replacement cards over-the-counter or through a transmission to the CO/EBTS contractor requesting mail issuance.

12.105.1 CARD REPLACEMENT TIME LIMIT

The county department of social services shall replace cards within three working days of notification by the recipient. This may be accomplished by either over-the- counter or mail issuance. The CO/EBTS contractor is required to deliver replacement cards to the post office no later than 3:00 p.m. the day after a request is received for a mail issued card replacement.

12.105.2 FEES

12.105.21 Card Replacement Fees

The county department of social services may charge recipients $2.00 for each over-the-counter card replacement. Counties shall not charge a fee if the replacement is issued by mail, the original card is inoperable due to no fault of the cardholder, or if the recipient is being re-certified for benefits and destroyed, lost, or damaged the original card during the inactive period.

The county department shall not collect replacement fees by debiting a recipient's food stamp account.

Counties may collect replacement fees by debiting the recipient's cash account through a county POS terminal or by a card holder cash, check or money order payment.

The county department shall maintain records of card replacements including the date a new card was requested, the replacement reason, the amount of any fee assessed and the method of collection.

12.105.22 Card Administrative Usage Fee

Effective July 1, 2003, a $1.00 per month administrative usage fee from client or child care parent EBT accounts shall be assessed against the first deposit that is made into the EBT account when the card is used to access current monthly cash benefits or child care parent payments.

12.106 PIN REPLACEMENT

The county department of social services shall provide cardholders with the opportunity to change PINs. PIN replacements may be issued over-the-counter or by mail through the CO/EBTS contractor.

12.107 DIRECT DEPOSIT

Eligible recipients, or their designated payees, may elect to receive cash payments through direct deposit to an account at their financial institution. Direct deposit application forms and envelopes will be provided to county offices. The county department of social services shall inform cash assistance recipients of the availability of direct deposit, provide informational materials, and application forms. County offices shall assist recipients or payees in providing bank account information to allow for direct deposit.

Counties shall issue a debit card to each new recipient and inform the recipient that he/she will access at least the first payment through the debit card.

12.108 AUTHORIZED REPRESENTATIVES

An eligible recipient may designate an authorized representative to receive a CO/EBTS debit card and PIN. Separate cards, primary account numbers, and PINs shall be issued to the eligible recipient and the authorized representative. The authorized representative shall have the ability to access food arid/or cash benefits on behalf of the eligible recipient as provided by program regulations.

12.109 CLIENT TRAINING

The county department of social services may conduct client training through the mail or on-site in local offices.

12.109.1 LOCAL OFFICE TRAINING

The county department of social shall provide facilities within each food stamp/social services office to conduct on-site CO/EBTS client training.

12.109.11 CO/EBTS Trainees

The county department of social shall conduct on-site CO/EBTS training in local offices for eligible post-conversion food stamps and cash assistance recipients.

12.109.12 Training Content

The county department of social services shall conduct training in a manner prescribed by state department procedures.

12.109.13 Written Training Materials

The county department of social services shall distribute written training materials, produced by the CO/EBTS contractor, to CO/EBTS recipients. These materials will include, but not be limited to, a pamphlet and a fact card. All written training materials will be available in Spanish and English and be at no higher than a fifth grade reading level.

12.109.14 Other Client Assistance

The county department of social services shall provide other client assistance, which the county department deems necessary, such as orientation classes, question and answer sessions, and “hands-on” card usage instructions. Counties shall identify special needs clients (e.g., blind, illiterate, disabled) and “customize” training to the needs of these individuals.

12.109.2 MAIL TRAINING

12.109.21 Conversion

The county department of social services shall update CDHS automated systems with the most current food stamp recipient, cash assistance recipient, substitute payee, and conservator addresses no later than two months before that county's conversion to CO/EBTS. The CO/EBTS contractor will mail debit cards, PINs, and written training materials to each current recipient one month before conversion.

12.109.22 Ongoing

The CO/EBTS contractor will include written training materials with all CO/EBTS card mailings. The county department of social services shall transmit a positive mail indicator to the contractor for any recipient the county wishes to have the CO/EBTS card, PIN, and training materials issued by mail.

12.110 PROVIDER PAYMENTS

12.110.1 COUNTY RESPONSIBILITIES

12.110.11 Conversion

The county department of social services shall update provider information (e.g., name, address, mailing address, and provider tax identification number) contained within the various Human Services automated systems no later than four months prior to CO/EBTS conversion in that county to facilitate transition to direct deposit provider payments.

12.110.12 Ongoing

The county department of social services shall enter all provider information into the appropriate automated system immediately upon a provider's approval to deliver program services. The county department shall give each prospective provider a direct deposit form requesting the provider's bank account number and supporting documentation. The provider must then submit the bank account information in order to receive direct deposit payments when and if the provider is approved to deliver services. The county department shall also give the provider written materials explaining the direct deposit payment procedure. County departments must maintain the ability to enter data related to provider bank account numbers into the various Human Services automated systems for transmission to the CO/EBTS contractor.

12.110.2 STATE RESPONSIBILITIES

The State Department will transmit provider information through the various Human Services automated

systems to the CO/EBTS contractor. Transmissions will take place during conversion and on an ongoing basis as new providers are added.

12.111 EXPUNGED BENEFITS

Food stamp benefits will be automatically expunged, or cancelled, after 270 days of no recipient account activity (food purchases or benefit inquiries); cash benefits will be expunged after 90 days of no recipient account activity (purchases, withdrawals, benefit inquiries). County staff may re-start the time period for any recipient in a manner prescribed by the State Department.

12.120 EBT CONTRACTOR ACCOUNT ADJUSTMENTS

12.120.1 EBT CONTRACTOR ACCOUNT ADJUSTMENT AUTHORITY

The EBT contractor, on behalf of impacted retailers, may adjust EBT cardholders' food or cash accounts through correcting debits to recoup SYSTEM error funds.

12.120.2 EBT CONTRACTOR NOTIFICATION TO THE COLORADO DEPARTMENT OF HUMAN SERVICES

The EBT contractor shall notify the Colorado Department of Human Services, through a claim activity file, of the intention to adjust a recipient's food and/or cash account.

12.120.3 CLIENT NOTICE OF RIGHT TO A FAIR HEARING

A. any recipient shall be mailed a notice whose EBT account is to be adjusted by the EBT contractor, advising the recipient of the right to a fair hearing.

B. The notice shall stipulate:

1. The amount to be adjusted;

2. The name of the retailer;

3. The reason for the adjustment;

4. The date of the adjustment;

5. Procedures for requesting a state hearing; and,

6. The timeframe for requesting a hearing.

12.120.4 FAIR HEARING

Any request for a State level fair hearing shall be in accordance with State Food Stamp rules, as found in Staff Manual Volume 4B (10 CCR 2506-1), Sections B-4410, B-4410.3, and B-4410.34.

12.120.5 ACCOUNT ADJUSTMENT TIMEFRAMES

The EBT contractor may not adjust a recipient's EBT account for fifteen (15) calendar days from the issuance date of the fair hearing notice. If the recipient requests a fair hearing during this 15-day period, the EBT contractor is prohibited from adjusting the account until and unless the fair hearing disposition is rendered in the retailer's favor. After the 15-day noticing period has expired, or after a recipient appeal has been denied, the EBT contractor may adjust a recipient's current month or one future month's benefits. The EBT contractor may take no further adjustment actions if adequate funds are not available

in either the month when the recovery action is initiated or in the subsequent month.

12.200 DOMESTIC VIOLENCE PROGRAM

12.200.1 DEFINITION

The purpose of this Domestic Violence Program is to facilitate or continue support of community-based or community oriented programs operated by local government or a non-governmental agency to assist victims of domestic abuse and their dependents. The standards address two types of domestic violence programs; those who have 24 hour residential programs and those who provide services not including the residential shelter care component. The standards specify minimum required services for each type of program, optional services that may be provided, as well as agency, personnel, fiscal, and other related matters felt necessary to assure proper legal operation and utilization of contracted funds. They insure 24-hour access to and availability of domestic violence services to victims, as well as assure funded programs have the capability to provide these services and are responsible organizations. These standards provide that there must be a demonstrated community need for the program and that there is no duplication of services.

12.200.2 CONTRACTUAL AUTHORITY

The Department may enter into contracts or agreements for services with any unit of local government or non-governmental agency which has established and operates or will be operating a community domestic abuse program or which has subcontracted for program services. A request for proposal will be let by the Department soliciting applications upon which a decision relative to contracting will be made.

12.200.3 CONTRACT

The contract shall be in the form and have content as prescribed by the State Department of Social Services.

12.200.4 ELIGIBILITY

Any unit of local government or non-governmental agency may apply to the Department of Social Services, Child Welfare Service;, for funding under this program. The applicant shall follow the procedures and time frames as outlined in these rules.

12.200.5 FUNDING

The Department of Social Services shall reimburse approved programs within and subject to available appropriations at a rate not to exceed $25 per day for each person who participates in a program for which a contract has been consummated. The state shall provide no more than a 50% match of up to a maximum of $25.00 per day per person which is matched 50% by sources other than state funds being required under each contract.

12.200.6 SELECTION TEAM/ADVISORY COMMITTEE

A selection team will be appointed by the Department composed of State Department of Social Services staff and persons knowledgeable in the field of family violence and will review applications and shall make recommendations to the Executive Director concerning programs to be funded within the appropriation. An Advisory Committee similarly composed shall also be appointed and shall advise the Department on policy development or changes and shall monitor for program implementation and expenditures statewide.

12.200.7 PROGRAM MONITORING

Program monitoring by the State Department of Social Services shall include fiscal and programmatic reviews, policies and procedures; and on a periodic basis site visits for residential programs, but not more than annually except in appropriate circumstances.

12.200.8 APPLICATION

Applications shall include: (1) letter of application; (2) written program description that meets, at least minimally, all standards set by the State Department of Social Services (see below); (3) letters of support from community agencies (local CDSS, police, sheriff, health dept., etc.); (4) proposed budget including 50% match and source(s) committed; (5) copy of latest fiscal audit/financial review if an established program; (6) if a shelter program, evidence of currently meeting health, safety and zoning regulations.

12.200.81 SELECTION CRITERIA USED FOR DETERMINING GRANT AWARDS

Applicants will be judged and selected according to the following:

A. Completion of all application requirements;

B. Provision for 24-hour service capability and counseling services;

C. Assurances of matching funds readily available or committed;

D. Demonstrated fiscal management capability as evidenced by operating experience in a domestic abuse program and budget (actual for previous year and projected), audit or financial review as appropriate and cost/unit of service comparable to other similar programs.

E. Demonstrated programmatic capability for operating a domestic abuse program and submission of appropriate documentation;

F. A demonstrated community need. This can be evidenced by a catchment area or target population without other duplicative services, high percentage of capacity in use during previous year, unmet needs for assistance, or other appropriate documentation.

G. Demonstrated community support as evidenced by direct community contributions, volunteer component, letter; of support from other community agencies;

H. Commitment to cooperation with other domestic violence programs as documented by letters of support from appropriate agencies and groups, etc.

12.201 PROGRAM STANDARDS

The following standards shall be met in order to receive funding under this section.

The purpose of these standards is two-fold. They are to be used by individual existing programs and the State Department of Social Services to assess the services each program provides to the community. Second, the standards are a technical assistance tool for those communities attempting to start a domestic violence program.

12.201.1 ELIGIBLE ENTITIES

A. Non-governmental agency; meaning any person, private non-profit agency, corporation, or other non-governmental agency.

The following have or need to be met as applicable:

1. Board of Directors selected and functioning;

2. Articles of Incorporation completed;

3. By-laws written;

4. Application and approval of IRS 501 (c)3 Tax Status, or in the process of obtaining such.

5. Evidence of being in compliance with applicable Federal, State, and local regulations,

B. Unit of local government; meaning a county, city and county, city, town, or municipality.

12.201.2 PERSONNEL

Job Positions

Each job position shall have a written job description with specified duties, qualifications and requirements for both paid and non-paid staff.

.21 Staffing

There shall be adequate staff coverage during hours of operations for each program. Adequacy for a program is to be defined by the written policy of the organization and within generally accepted practice.

.22 Training and Staff Development

All agencies shall provide training and staff development for staff as set out in the individual program's written policies. Training and staff development shall include, although not be limited to, the following:

A. Initial orientation regarding personnel rules, job duties and all agency operational procedures;

B. On the job training in the functions assigned according to job descriptions;

C. On-going training outside the agency including but not limited to the opportunity to attend outside workshops and conferences, and advanced formal education as funds permit and as defined within the policies of the agency.

.23 Personnel Policies

All agencies shall maintain personnel policies and procedures in written form. Within one year of entering into an initial contract with the State Department of Social Services, comprehensive personnel policies shall be developed as outlined in 12.231. The development and revision of these policies shall be the responsibility of the policy-making body of the agency. These policies shall be made available to employees at time of hiring and shall be readily accessible to all employees thereafter.

.231 Scope of Personnel Policies

These policies shall include, but not be limited to the following areas:

A. Recruitment

B. Selection of Applicants

C. Hiring

D. Job Descriptions

E. Rates of Pay

F. Benefit Packages

G. Staff Training and Development

H. Staff Evaluation

I. Promotion

J. Termination

K. Grievance Procedures

L. Non-Discrimination

.232 Equal Employment Opportunity and Affirmative Action Policy

No program shall discriminate against any employee or applicant because of age, race, color, religion, national origin, political belief, sex or sexual orientation, physical handicap, residence, or socio-economic or cultural background.

All programs shall take affirmative action to ensure that job applicants are employed and employees are treated during employment without regard to the above stated factors.

12.202 PROGRAM

12.202.1 GOAL

The primary goal of a program is to help ensure the safety of victims of domestic abuse and their dependents.

.11 Anti-discrimination

Program staff shall not deny persons aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, national origin, political beliefs. Sex (except as it applies to specific programs), sexual oriental ion, handicap, socio-economic, or cultural background.

.12

All services provided must be accessible to persons with disabilities. This could be documented through written plans developed for different types of disabilities, Board policy statements, and/or educational or informational brochures or fibers. For residential programs, building accessibility must meet current federal guidelines.

12.202.2 PROGRAM COMPONENTS

In order to provide both immediate help and safety on a 24-hour basis, programs should provide a range of services to assist victims of domestic abuse and their families in reaching the goal of ending violence. Those services include;

.21 Services in Residential Programs

Minimum Services for Residential Programs (Mandatory):

A. 24 hour intake and assessment or provision of appropriatereferral

B. Food and shelter

C. Initial intake and assessment and crisis counseling

D. Basic hygiene articles or items

E. Counseling for victims and dependents

F. Referrals for perpetrators

G. Agency contacts made in behalf of residents

H. Advocacy in behalf of residents

I. Information/referral resources

J. Minimal assessment to evaluate immediate physical needsand refer to community resources for care as indicated

K. Educational services for the community, specialized groups andlaw enforcement

.22 Additional Services for Residential Programs (Optional)

A. On-going group counseling

B. Counseling for family members

C. Follow-up

D. Recreational activities

E. Legal services

F. Other supportive services

.23 Physical Requirements for a Safe and Adequate Safehouse Residential Facility

Adequate physical building security must be demonstrated for residents and staff.

The safehouse or center and outside area around the facility shall be maintained in a clean and safe condition free from hazards to health and safety.

Each facility shall meet local health, fire and safety standards. Each residential facility shall provide evidence of its annual inspections to comply with current sanitation and life safety code regulations. Reports of inspections shall be maintained at the facility. All health and life safety hazards shall be corrected as indicated. Facilities shall comply with applicable state and local building code regulations.

.3 Provision for Crisis Line Services (mandatory for both residential and non-residential programs):

Adequate, qualified staff or volunteers to provide on a 24-hour basis, 7 days a week:

A. Crisis - intervention counseling

B. Information and referrals to other agencies

.4 Services for Non-residential Programs

Minimum Services for Non-residential Programs (Mandatory)

A. Crisis counseling (victim and dependents)

B. Referrals for perpetrators

C. Information and referral resources

D. Advocacy programs

E. Educational services for the community, specialized groups,and law enforcement.

12.202.41 Additional Services for non-residential programs (Optional):

A. Individual counseling

B. Group counseling

C. Counseling for family members

D. Other supportive services

12.202.5 Children's Services (Residential)

Minimum Services Provided to Children (Mandatory):

A. Initial intake/assessment and crisis counseling

B. Minimal assessment to evaluate immediate physical needs andreferral to community resources for care asindicated.

C. Freedom from violence

D. Adequate supervision by staff and/or parents

E. Toys and opportunities for play and recreation

.51 Additional Services for Children (Optional):

A. Scheduled recreational activities

B. Scheduled educational activities

12.203 ADMINISTRATION

12.203.1 Records shall contain:

A. Documentation of services provided.

B. Documentation of number of crisis calls.

C. Documentation of number of persons receiving services as identified by program. (Residential shelters shall identify shelter residents, persons attending counseling sessions or groups; non-residential shelters shall identify persons receiving other services such as advocacy and referral to other services in their communities.)

D. Documentation of number of children receiving services as identified by program.

E. Documentation of number of persons receiving services for programs providing services to perpetrators.

F. Documentation of number of volunteers providing services for programs.

.11 Additional Documentation

In addition to the above, these records shall include documentation of any physical injury to individuals served and notice of proper reporting (re: child abuse).

12.203.2 RECORD KEEPING

All programs shall develop a format for internal record keeping within the following general guidelines:

A. Crisis calls: All programs shall record each crisis call received;

B. Persons served: All programs shall maintain an individual file or record on each person identified as receiving services from the program;

C. Children: All programs shall maintain records on children receiving services. These records may be kept as a separate section in parent's file or in a separate file as deemed appropriate by program;

12.203.3 FISCAL

A. Each agency shall develop and implement a fiscally sound accounting system in accordance with generally recognized accounting principles.

B. Each program shall have at least one (1) person on the Board who assumes fiscal oversight responsibility for the agency.

C. The program shall have one (1) person on staff who assumes the fiscal/bookkeeping duties for the agency. Any person dealing with bookkeeping, check writing/depositing responsibilities shall be bonded. All checks shall have two signatures above a specified amount to be determined by the Board.

D. For those agencies having a total annual operating budget exceeding $200,000, the agency books must have a financial review or audit annually by a licensed auditor and the most recent review/audit must be provided to the Department of Social Services at the time of submission of application materials. For those agencies having an annual operating budget under $200,000, the agency books must be reviewed or audited once within a two year funding period by a licensed auditor and a copy provided to the Department of Social Services at the time of submission of application materials.

12.203.4 CONFIDENTIALITY

All programs shall consider the above mentioned internal records and any other documents containing information about individuals served (e.g., staff meeting minutes, communication logs) as confidential information and act within the following guidelines.

A. The program shall obtain a written release of information before sharing any information about an individual served with any other agency. The only exception to this policy shall be compelling professional reasons (i.e., reporting of child abuse, ordered by a court of law, or life threatening situations).

B. The program shall fully inform the individual served about the limits of confidentiality, the purposes for which information is obtained, and how it may be used.

C. The program shall afford individuals served access to any official program records concerning them.

D. When providing individuals served with access to records the program shall take due care to protect the confidences of others contained in those records.

E. The program shall obtain informed consent of individuals served before taping, recording, or permitting third party observation of their activities.

12.203.5 MAINTENANCE AND REPORTING OF STATISTICS

All programs shall maintain the statistical data required in section 12.203 of these rules. Such data must be reported to the State Department on forms that have been approved by the State Department. The Executive Director or his/her designee may review and revise, with the recommendations of the domestic abuse assistance program advisory committee, the Family Violence Program reporting forms as needed. Each program shall be responsible for the maintenance and reporting of any other statistical information required by their respective funding sources.

12.203.6 INSURANCE

Specific insurance requirements are outlined yearly in the Notice of Funding Availability which may be obtained from the Domestic Abuse Assistance Program staff. Each Board of Directors is to consider the following insurance policy(ies) for the agency's program. Decisions concerning such coverage shall be recorded in the Board's minutes.

A. Personal and Property (including automobile) Liability Insurance

B. Board of Directors and Officers Liability Insurance

C. Professional Liability

D. Other insurance as required by funders or local ordinance

DEMONSTRATION PROJECT REQUIREMENTS FOR TRANSITION AND HOME-BASED PROGRAMS OPFRATED BY RCCF'S

12.300

The Colorado Department of Social Services (Social Services) is interested in improving the treatment capabilities of in-state Residential Child Care Facilities (RCCF's) and removing obstacles which stifle innovative approaches to the treatment of Inst. children. Several Residential Child Care Facility (RCCF) Administrators have offered suggestions for improving treatment. Common to all of these is the need to improve the capabilities for transitioning a child from the

RCCF setting to a more normal environment. At present, RCCF's are only reimbursed for care and treatment for those children residing in the facility on a full-time basis.

The intent of this Demonstration Project is to provide the Department with authorization to reimburse county departments for approved transition and home-based components through RCCF' 3 while establishing stringent criteria for the Department's evaluating of RCCF proposals. Approved “Transition and Home-Based Programs” will be reimbursed by county departments using the current procedure for reimbursing residential care. All funds utilized for this program shall be State and county funds only.

12.300.1 AUTHORTZATION AND REIMBURSTMENT

The State Department shall reimburse county departments for transition and home-base components when provided by an RCCF which is included in the approved state RCCF vendor list and which 13 approved to offer transition and home-base components. The court department's authorization to receive reimbursement for transition and home-base components is based upon a fully executed SS-''3 reflecting the appropriate rate and treatment plan. Reimbursement of county department will be on forms used for receiving reimbursement for regular RCCF care.

The county department, in turn, reimburses RCCF's using procedures established for reimbursing regular RCCF Care.

12.301 DEFINITIONS

.1 Transition Program.

A component of an RCCF program in which the child is residing in the RCCF part of the time and in a living situation comparable to the residence the child will be in after termination of RCCF services for the other time, purpose of transition is to enable the child to demonstrate the capability of functioning in a more normal living situation and to ease the shock of return to such a situation.

.2 Home-Based Program.

A component of an RCCF program in which the child is residing in the living situation planned for the child after termination of RCCF services. The living situation would probably be in the home of parents or relatives or an independent living environment. The child continues to receive treatment-related services from RCCF staff, the purpose of which is to ensure that the child is functioning adequately in the community-based living situation.

12.302 REQUIREMENTS

Residential Child Care Facilities are eligible for payments for hone base and transition programs when a proposal with content prescribed by the Department, is submitted and approved by the Executive Director of the Department of Social Services.

.1

Proposals are approved at the sole discretion of the Executive Director. The merits of a proposal are evaluated utilizing the following criteria:

(a) The RCCF demonstrates capability to measure current outcomes of treatment and the effect of the proposed changes.

(b) The RCCF demonstrates capability to reduce length of time in residential treatment, specifically by means of transition or home-based components.

(c) A linkage exists between the existing residential program and the transition or home-based program that is a logical extension of the facility's treatment philosophy and method.

(d) The facility has past, experience in conducting transition or home-based programs, including organizational and staff experiences.

(e) The facility uses staff in home-based and transition programs with sufficient and appropriate, education or experience to assure no disruption or reduction in quality to the residential program.

(f) Involvement of county department staff in transition and home-based components is clearly delineated and includes a transition from RCCF staff to county department staff.

(g) A child whose home is distant from the FCCF is not excluded from transition or home-based programs or from initial placement in the facility.

(h) Transition and home-based programs do not significantly increase the workload of county department staff.

.2

The State Department may terminate its approval of transition or home-based components of a particular RCCF by giving concurrent written notification to the RCCF and county departments 30 days in advance that reimbursement is no longer available.

Transition and home-based demonstration projects in all RCCF facilities may be terminated by action of the State Board of Social Services vacating these rules.

.3 Rate of Payment

(a) Determination by the State Department of the rate of payment to an RCCF for transition or home-based programs is made on the basis of information contained in the approved proposal, not on the basis of the current RCCF methodology.

(b) In no case shall the rate for transition or hone-based components exceed the respective RCCF's established rate for the respective year.

.4 County Department Responsibilities

(a) The county department must enter into an Agreement to Purchase Residential Child Care Facility Services, SS-23, specifying the rate to be paid for home-based or transition programs.

(b) The county department and the RCCF shall modify the initial treatment plan for any child participating in the home-based or transition program. When this treatment plan provides for placement of the child in foster care, the county department 13 the child placing agency, unless the RCCF is duly licensed as a child placement agency.

12.400 COMMUNITY-BASED MANAGEMENT PILOT PROGRAMS

12.410 Definition

The purpose of the pilot programs is to provide community-based intensive treatment and management services to eligible juvenile offenders who are charged with or adjudicated for an offense and diagnosed by a mental health professional as having serious mental illness, as defined: a juvenile with a substantial disorder of cognitive, volitional, or emotional processes that impair judgment or capacity to recognize

reality or control behavior. These rules are effective September 1, 2000. The pilot programs are repealed, effective July 1, 2007.

12.420 Contractual Authority

The Colorado Department of Human Services, Division of Youth Corrections, in consultation with the Judicial Department, is authorized to issue a Request for Proposals on or before October 1, 2000 and to select from among the responding entitles one entity in a rural community and one entity in an urban community to operate the community-based management pilot programs beginning on or before January 1, 2001.

12.430 Contract

The contract shall be in the form and have content as prescribed by the Colorado Department of Human Services.

12.440 Contract Eligibility

Eligibility for application to operate a pilot program is defined as any public or private nonprofit, not-for-profit, or for-profit organization, association, or corporation or any governmental entity. Any eligible entity may apply to the Colorado Department of Human Services for funding under this program.

12.450 Program Eligibility

In order to be eligible for the community-based management pilot programs, each juvenile shall be:

A. Diagnosed by a mental health professional, as defined in Part 1 of Article 36 of Title 12, C.R.S. or Article 43 of Title 12, C.R.S., as having a serious mental illness; and,

B. Less than eighteen years of age and involved in the criminal justice system; or,

C. Committed to the Colorado Department of Human Services.

D. Excluded if adjudicated for or convicted of a Class 1 felony, or first or second degree sexual assault, as defined in Sections 18-3-402 and 18-3-403, C.R.S., respectively, as they existed prior to July 1, 2000, or sexual assault, as described in Section 18-3-402, C.R.S., as it exists on or after July 1, 2000.

12.460 Program Standards

The community-based management pilot programs shall provide high-intensity supervision and treatment services in the community to eligible juvenile offenders. At a minimum, each entity operating a pilot program shall:

A. Provide integrative, cost-effective, family-based treatment to eligible juvenile offenders who reside in the community in which the juvenile offender pilot program operates and who are in the program eligibility population for the juvenile offender pilot program;

B. Provide services designed to reduce delinquent activity and other destructive behaviors such as drug and alcohol abuse;

C. Provide psychiatric services, medication supervision, and crisis intervention, as necessary;

D.Maintain a low client-to-staff ratio, to be defined in the RFP;

E. Support education and vocational skills for eligible juvenile offenders and development of positive social relationships;

F. Provide integrated family-based treatment focused on the juvenile offender, family and peers and educational and vocational performance;

G. Promote the development of neighborhood and community support systems for the juvenile and his or her family;

H. Operate as a collaborative effort among, at a minimum;

1. the District Attorney's Office;

2. the Division of Youth Corrections;

3. the Division of Child Welfare Services;

4. Colorado Judicial branch, Office of Probation Services;

5. Community Corrections;

6. local law enforcement agencies;

7. substance abuse treatment agencies;

8. the county departments of social/human services;

9. community mental health centers; and.

10. any other interested community mental health organizations.

I. Establish an agreement between the operating entity and the collaborative agencies, including the structure and operation of the program.

12.470 Expenditure Requirements

The entity and collaborative agencies that operate a Community-Based Management Pilot Program must participate together in the cost of the program by allocating, as a group, any moneys available to the entity and the agencies, or by providing services to the program, or by a combination of moneys and services in an amount equal to the amount of State General Fund moneys received to operate the program.

12.480 Monitoring, Evaluation, and Reporting Requirements

Each entity operating a program is required to report annually, beginning October I 2002, to the Colorado Department of Human Services the following information, at a minimum:

A. The number of juveniles participating in the program and an overview of the services provided;

B. The number of juveniles participating in the program for whom diversion, parole, probation, or conditional release was revoked and the reasons for each revocation;

C. The number of juveniles participating in the program who committed new offenses while receiving services and after receiving services under the program and the number and

nature of offenses committed; and,

D. The number of juveniles participating in the program who required hospitalization while receiving services and after receiving services under the program and the length of and reason for each hospitalization.

E. The number of juveniles participating in the program who required placement into social services while receiving services and after receiving services under the program, and the length of and reason for each placement.

12.500 COLORADO PERSONAL RESPONSIBILITY AND EMPLOYMENT PROGRAM (CPREP)

12.501 PROGRAM PARTICIPANTS

A. The demonstration program shall operate in Jefferson, Adams, Mesa, Logan and El Paso Counties only for up to five (5) years beginning April 1, 1994, contingent upon authorization from the federal government and the Colorado State Legislature. A random sample of the active AFDC caseload as of the implementation date shall be chosen for the experimental and control groups. Additional active AFDC cases shall be sampled through the 24th month of the demonstration program.

B. The experimental group consists of those AFDC assistance units designated as participants in the demonstration. The C'REP regulations shall apply to this group.

C. The control group consists of AFDC cases selected to be used as a measurement for the evaluation. The control cases will be subject to the current AFDC regulations as outlined in Staff Manual Volume 3.

D. For the experimental, group all AFDC regulations not specifically replaced by the demonstration program regulations remain in effect.

E. All individuals who move from the pilot county to the non- pilot county shall no longer be considered participants in the demonstration program and shall be subject to the AFDC regulations as outlined in Staff Manual Volume 3, except that the JOBS sanctions and the resource adjustment period as outlined in the regulations remain in effect.

12.502 ELIGIBILITY REQUIREMENTS FOR EXPERIMENTAL PARTICIPANTS

12.502.1 Immunization

A. All assistance units within the experimental group with a child(ren) 24 months of age and under shall report on a Monthly Status Report (MSR) that such child's required immunizations are current. Assistance units in which a dependent child(ren) is provided medical treatment solely in spiritual means are exempt from the immunization requirement.

B. Sixty (60) days will be allowed to start immunizations after the determination is made that they are not current.

C. If the caretaker relative fails to report that immunizations are current or in process for a child 24 months of age and under, the caretaker's needs will be removed from the need standard until such time as appropriate verification is provided, unless good cause can be shown for failure to comply.

D. Good cause for failure to obtain required immunizations shall include, but not be limited to, religious objections, allergic reactions, and lack of access to medical care.

E. Medicaid eligibility shall continue for all caretaker relatives whose needs have been removed from the need standard for failure to provide documentation of current immunizations for their children affected by this provision.

12.503

Beginning six months after initial payments are issued (November 1, 1994), persons whose employability plans include completion of a GED or high school graduation shall be granted an incentive payment or the equivalent in goods and services. This incentive shall have a monetary value of at least $100 but not more than $500. The incentive shall only be paid to those persons completing the required GED or high school graduation on or later than six months after the project implementation date. Incentives paid to AFDC assistance units shall be disregarded in computing AFDC eligibility or payments.

12.503.1 Resources

A. One automobile shall be exempt from resources for each participating household.

B. Beginning six months after implementation, CPREP participating households with an employed member or a member who was employed six consecutive months immediately prior to application for or receipt of AFDC shall have a resource exemption of $5,000.

C. Beginning six months after implementation, all other CPREP participating households have a resource exemption of $2,000.

D. All CPREP participating households which live in the project area and who receive the $5,000 resource exemption shall retain this exemption for the duration of the project.

E. A six-month time period will be allowed for experimental CPREP participating households who move to a non-pilot county to reduce resources to the required level and remain eligible.

12.504 REDETERMINATIONS

No face-to-face redetermination shall be required for experimental cases, but a redetermination via the Monthly Status Report (MSR) shall be conducted yearly.

12.505 MONTHLY REPORTING

Monthly Status Reports shall be sent to all experimental group families. Families with a change in circumstances shall return the monthly status report.

12.506 PAYMENT POLICIES

Payments for AFDC cases in the experimental group shall be calculated as follows:

A. Gross Income:

Gross income shall not exceed 30% of the Federal Poverty Level (FFL) for the household size.

B. Net Income:

Income less earned income disregards shall be less thin the need standard for the household members eligible for AFDC payments.

Households whose gross income is less than 130% of the Federal poverty Level (FPL)

but whose net income is more than the need standard for the household size, shall continue to be AFDC recipients but receive a zero payment.

C. Earned Income Disregards:

Earned income disregards shall be the first $120 of earned income plus 58% of the remainder.

D. Grant:

AFDC grant amount shall be calculated by subtracting net income from the need standard and multiplying by the rateable reduction.

E. Child Care Grant:

If necessary for employment, the Child Care expense shall be calculated as a separate amount and shall be added to the AFDC grant amount after the rateable reduction. The child care expense shall be calculated prospectively for the first two months and retrospectively thereafter.

F. For CPREP participants authorized to receive Food Assistance benefits in cash, this benefit may be added to the AFDC grant after the Child Care grant or a separate warrant may be issued.

12.507 RETROSPECTIVE BUDGETING

A. Eligibility for all experimental participating households will be determined retrospectively.

B. Payment for all experimental participating households will be determined retrospectively.

C. After a 30-day period in which no AFDC payment has been made, both eligibility and payment shall be determined prospectively for two months.

12.508 TIME LIMITATION

A. Experimental participant households who are non-exempt from JOBS and who have received AFDC for 24 months must be participating in JOBS as outlined in their employability plans or be employed.

B. The 24-month time period begins when the employability plan is signed by the participant and the department, or when a participant refuses to sign, or when a participant, with an approved employability plan is enrolled in the demonstration program.

C. Once the 24-month time period has started, there shall be no interruption of the time frame if the participant receives an AFDC benefit.

D. When a participating household becomes ineligible for AFDC, the 24-month time period is suspended until AFDC benefits are resumed.

E. Good cause for failure to participate in JOBS may be granted by the JOBS case manager.

F. Only participants who have been offered an opportunity to participate in JOBS shall be sanctioned.

G. JOBS participants who fail to cooperate without good cause in the JOBS Program will be sanctioned as follows:

1. Sanction one - until cured;

2. Sanction two - a minimum of three payment months or until cured, whichever is longer; and,

3. Sanction three - duration of project, if the sanction begins after 24 months of continuous eligibility. If JOBS sanction three occurs prior to 24 months of continuous eligibility the regular program rules are applicable.

H. Participating households who have received the permanent JOBS sanction shall be granted Medicaid for the sanctioned person if that person has served a minimum of six months of the sanction and is employed 30 or more hours per week.

I. Participating households who have received the permanent JOBS sanction shall be granted Medicaid for the sanctioned person if that person has served a minimum of six months of the sanction and is actively seeking employment. Actively seeking employment means that the person has contacted the case manager and arranged for a face-to-face conference and has performed Job Search activities for 10 days, in accordance with a Job Search Plan developed by the case manager of the person fails to comply with the Job Search Plan, or fails to continue actively seeking employment, as determined by the case manager, the person's Medicaid shall be discontinued.

12.509 TRANSITIONAL BENEFITS

A. Transitional Medicaid benefits shall be available for 12 months to all experimental participant households who lose AFDC due to earned income and have income under 185% of the Federal Poverty Level (FPL).

B. No mandatory reporting is required for transitional Medicaid cases. Participant households must notify the county departments of all changes in circumstances.

C. Transitional child care benefits shall be available to all experimental participant households who lose AFOC due to an increase in hours or earnings.

D. Transitional child care cases shall receive payment for child care in cash.

E. Transitional child care fees and benefits shall be determined in accordance with the rate and fee schedules established for CPREP participants.

F. All transitional child care participants must cooperate with Child Support Enforcement, unless good cause is granted.

G. Transitional child care payment shall be determined prospectively for the first two months and retrospectively thereafter.

H. Participant households with a member who has been found to have committed an IPV arc ineligible for transitional benefits.

12.510 FOOD STAMPS

A. The child support $50 pass through shall be exempt from income for participant households.

B. Beginning six months after initial payments are issued (November 1, 1994), the resource limit for participant households with an employed member or a member who has been employed within the past six months shall be $5,000.

C. One licensed vehicle shall be exempt from countable resources for participant households.

D. A six-month time period shall be allowed for participant households who move to a non-pilot county to reduce resources to the required level.

E. County department shall determine participant households eligible for Food Stamp cash-out. All participant households who have received nutritional information or training shall receive their food stamps in cash except for those participating households in which a member is currently sanctioned by the JOBS or Employment First Programs or participant households currently receiving AFDC protective payments as described in Staff Manual Volume 3. Any participant household not receiving food stamps in cash due to the AFDC protective payments shall be given appropriate services to alleviate the causes of the protective payments as described in Staff Manual Volume 3.

12.511 CHILD CARE ASSISTANCE RECIPIENTS

A. All CPREP participant households ineligible for AFDC due to income or the time limitation for transitional child care may be eligible for CCCAP child care.

B. Participant household income shall not exceed 185% of the Federal Poverty Level (FPL).

C. Child care costs may not exceed the 75th percentile of the market rate.

D. The child care benefit shall be calculated as follows:

1. Gross income determines the percentage of actual child care cost to be paid by the participant household;

2. Actual child care costs (up to the 75th percentile) shall be multiplied by the participant household fee percentage to determine the amount to be paid by the participant household; and,

3. The participant household fee shall be subtracted from the actual cost of care (up to the maximum) to determine the amount of the child care benefit.

12.512 PILOT PROJECT CHILD CARE FEE SCHEDULE

CPREP CHILD CARE FAMILY FEE SCHEDULE (Monthly Amounts)FAMILY SIZE 1 2GROSS EARNINGS: PARTICIPANT HOUSEHOLD FEE AS A PERCENT OF TOTAL CHILD CARE COSTLOW HIGH$ 0 $800 15% 15%$ 800 $850 29% 15%$ 850 $900 43% 15%$ 900 $950 57% 15%$ 950 $1000 71% 15%$1000 $1050 85% 15%$1050 $1100 99% 24%$1100 $1150 100% 33%$1150 $1200 100% 42%$1200 $1250 100% 51%$1250 $1300 100% 60%

$1300 $1350 100% 69%$1350 $1400 100% 78%$1400 $1450 100% 87%$1450 $1500 100% 96%$1500 $1550 100% 100%$1550 $1600 100% 100%$1600 $1650 100% 100%$1650 $1700 100% 100%$1700 $1750 100% 100%$1750 $1800 100% 100%$1800 $1850 100% 100%$1850 $1900 100% 100%$1900 $1950 100% 100%$1950 $2000 100% 100%$2000 $2050 100% 100%$2050 $2100 100% 100%$2100 $2150 100% 100%$2150 $2200 100% 100%$2200 $2250 100% 100%$2250 $2300 100% 100%$2300 $2350 100% 100%$2350 $2400 100% 100%$2400 $2450 100% 100%$2450 $2500 100% 100%$2500 $2550 100% 100%$2550 $2600 100% 100%$2600 $2650 100% 100%$2650 $2700 100% 100%$2700 $2750 100% 100%$2750 $2800 100% 100%$2800 $2850 100% 100%$2850 $2900 100% 100%$2900 $2950 100% 100%$2950 $3000 100% 100%$3000 $3050 100% 100%$3050 $3100 100% 100%$3100 $3150 100% 100%$3150 $3200 100% 100%$3200 $3250 100% 100%$3250 $3300 100% 100%$3300 $3350 100% 100%$3350 $3400 100% 100%$3400 $3450 100% 100%$3450 $3500 100% 100%$3500 $3550 100% 100%$3550 $3600 100% 100%

$3600 $3650 100% 100%$3650 $3700 100% 100%$3700 $3750 100% 100%

12.513 CHILD CARE TRACKING

A. Counties shall track and report to the state department monthly child care information on all employed participants and transitional child care participants.

B. Reports shall be on a per child basis and include:

1. Type of provider;

2. Age of child;

3. Number of part-time and full-time days in care; and

4. Amount of payment.

12.514 TRACKING

Participants assigned to the experimental or control group shall retain the same assignment for the duration of the demonstration program.

12.515 INTER-COUNTY TRANSFERS

A. An experimental participant household transferring from one pilot county to another pilot county shall retain its case status. All experimental policies shall apply.

B. A control assistance unit transferring from one pilot county to another pilot county shall retain its case status.

C. Participant households transferring to non-pilot JOBS counties shall be subject to the regular program policy except that any imposed JOBS sanction shall remain in force and six months shall be allowed to adjust resources to the appropriate level.

D. If a participant household transfers to a non-JOBS county while under a first JOBS sanction, the sanction shall be considered cured immediately. If it is a second or subsequent JOBS sanction, the appropriate time period (3 or 6 months, or permanently) must run its course. After the sanction period has expired, the individual's needs shall be added back into the AFDC grant.

12.600 WELD CHILD CARE DEMONSTRATION PROJECT

In this demonstration project the Colorado Department of Social Services, herein referred to as “State Department” allows Weld County Department of Social Services, herein referred to a; “Weld County” to contract with a Colorado Non-Profit Agency, herein referred to as “Agency” whose purpose is to subcontract “or day care services with licensed day care providers and to coordinate centralized services such as transportation, food, toys, equipment, counseling, marketing and placement.

Such Agency shall meet the following requirements:

Include broad Weld County representation such as Weld County Commissioners, private industry council, United Way Agency, Day Care Home and Center Associations, day care parents/clients, employers, Weld

County School District 6, University of Northern Colorado and Aims Community College.

Demonstrate that the Agency has assured resources to carry out its defined purpose through the first year of operation and that Agency activities will not result in a higher state/county cost than would occur if Weld County purchased all day care from direct care providers during the Demonstration Project.

12.600.1 MISSION STATEMENT:

To assist targeted working parents in obtaining low-cost quality day care so they can find and retain employment and become self sufficient.

12.600.2 PURCHASE OF DAY CARE SERVICES

Weld County and the State Department agree to the following conditions and responsibilities in the administration of this Demonstration Project:

12.600.21 Weld County

A. Determine initial and continued client eligibility in accordance with rules in Staff Manual 7.

B. Approve a day care arrangement with each client which will facilitate the parent's self-support plan or provide effective intervention for a special circumstance case and will insure that the children are physically Safe and emotionally secure.

C. Explain the availability of the Agency services to the client and also assure that each client is apprised of and allowed to choose from all eligible day care resources available for use in the community (licensed day care homes, group day care facilities, relative and in-home caretakers.)

D. Develop and execute a Purchase of Day -Care Contract which permits an Agency to subcontract with eligible licensed day care providers. The content of the Day Care Purchase of Service Contract between Weld County and the Agency shall be in accordance with the State Department Responsibilities rule in the Introduction of Staff Manual 7 which states: “The responsibilities of the State Department include: (a) Supervision of county departments for effective administration as set forth in rules and procedures of the State Department. (b) Prescribing forms and reports to be used by county departments. There shall be no alternations or substitutions for State Department approved and mandated forms. However, county departments may develop, format, and use their own forms if they: (1) Meet requirements set by the State Department. (2) Are approved by the Executive Director.”

The contract shall also meet the Purchase of Service Requirements in Staff Manual 7.901.621 and in the Purchase of Day Care Service Contract (SS-19) in Staff Manual 7.311.1.

The contract shall provide that any Agency subcontracts permitted shall be subject to all requirements applicable to the direct care provider in the Purchase of Day Care Service Contract (SS-19) and that the Agency shall be responsible for the performance of the subcontract by any subcontractor.

E. Execute a Parent Responsibilities Agreement as required in Staff Manual 7.305.24.

F. Continue to execute a Purchase of Day Care Contract (SS-19) with all providers from whom the Department purchases direct care. Clients who elect to use a relative or in-home provider would not be referred to the Agency. Clients referred to the Agency who subsequently choose to switch from a licensed to a relative or in-home provider shall be referred back to the county department.

G. Refer a client to the Agency whenever the client elects to use the Agency. Complete an authorization

for Day Care Placement (5730.1) to the Agency. In all cases the county department determines the beginning date a child's care can begin, amount of care to be purchased, parental see share and date when child's care must terminate in accordance with the Purchase of Day Care Service requirements in Staff Manual 7.311.

H. Purchase care on a child by child basis.

I. Obtain a copy of all Agency authorizations with subcontractors related to the name, address and type of direct care provider, children in care, beginning and ending dates of enrollment, and amount of care to be purchased for the purpose of documentating the Agency's monthly billing to Weld County. File one copy in the client case record and one in the county day care bookkeeper authorization file. All day care service billings (Form 5730.2) are to be checked by the day care bookkeeper against the authorization prior to making payment.

Agency authorizations to subcontractors must contain the same information as is required for direct county placements and shall meet the requirements set forth in section 12.600.21 D.

J. Authorize a payment rate to the Agency in accordance with the day care rate approved by the county for each type of provider. This rate will also be applied to county placements with direct care day care providers.

K. Pay for holidays and absence days in accordance with the payment policy applied to direct county placements by type of provider.

L. Assure that use of an Agency will not result in a higher state/county cost than would occur if all Weld County day care placements were purchased directly from day care providers.

M. Obtain each month from the Agency a copy of the Day Care Attendance Record and Billing form signed by each Agency subcontractor. Such form shall include all of the information required on the Day Care Attendance Record and Billing Form (5730.2) through column (9) “Attendance Record,” and shall meet the requirements set forth in section 12.600.21 D. of this document.

N. Reimburse the Agency for day care provided by Agency subcontractors in accordance with Purchase of Service rules in 7.311, Purchase of Day Care Service Contracts with the Agency and subcontractors, Agency authorizations to subcontractors and Day Care attendance Record and Billing Form (5730.2).

O. Monitor the purchase of day care service program administered by the Agency as set forth in Staff Manual 7.311, Purchase of Day Care Service Contract with the Agency and Purchase of Service Contract with Agency subcontractors.

12.600.22 Colorado Department of Social Services

Assure that Weld County and the Agency are in compliance with required rules set forth in this Demonstration Project and in Staff Manuals 5 and 7.

12.600.3 EVALUATION PLAN

A. Evaluation Methodology: An Evaluation Task Force will be selected from the following sources:

1. Weld County Private Industry Council

2. United Way Agency

3. Weld County Division of Social Services

4. Weld County Division of Human Resources Committee

5. Weld Child Care Board

6. Budget/Management Committee

7. Day Care Center (profit)

8. Day Care Center (non-profit)

9. Parent/Client

10. School District Six

11. Aims Community College

12. University of Northern Colorado

13. Major employer

14. State Department of Social Services

Sub-groups will be formed to look at the areas to be evaluated and shall carry out the work at that level.

B. Areas of Evaluation: The primary concern will be whether the network is successful in decreasing the number of persons exempted from participation in welfare diversion due to day care problems. The evaluation shall be conducted using data from the first 12 calendar months following the effective date of the contract between Weld County and the Agency. The results shall be compared to the six month period immediately preceding the effective date of this Agency contract.

The data base shall include:

1. Number of families previously not diverted due to day care.

2. Location of these families in the county.

3. Specific day care reason for exclusion (i.e. no resource; could not get to it).

Additional areas which will be evaluated fall into three categories:

1. Quantitative measures: Data will be gathered to determine the number of persons and providers who participate, days of service provided, value of in-kind services used, and cost of service.

2. Qualitative measures: Although quality is difficult to measure, the evaluation will look at indicators such as the amount of training provided, amount of toys and equipment provided, number of specialized providers, increases in networking, and increase in rural providers.

3. Satisfaction: Providers of service who are members of the network, clients, and community will provide feedback concerning the scope, content, and provision of

services.

DENVER COUNTY HOME CARE PILOT PROJECT

12.700 AUTHORITY

.11

The Colorado Department of Social Services, in cooperation with the Denver Department of Social Services and other local agencies, is authorized to establish and administer a Denver County Home Care Pilot project, hereinafter referred to as pilot project.

.12

The pilot project is authorized for the period of September 14, 1987, through September 14, 1990.

12.701 PURPOSE AND SCOPE

.11

The purpose of the pilot project is to demonstrate that Aid to Families with Dependent Children (AFDC) recipients can become self-sufficient through a comprehensive training and jobs program to develop home health aide skills without increasing public sector costs, i.e., AFDC program, food stamp program, Medicaid program, day care and home care allowance.

The project proposes: (1) to enhance the quality of care to noire care recipients through supervised, skilled personal care services; (2) to build in an enhanced quality assurance system for the noire care allowance program; and (3) to place AFDC recipients in a self-sufficient posture.

.12

The pilot project training and jobs program shall consist of the following phases:

a. comprehensive assessment and training through the Emily Griffith Opportunity School;

b. work experience and training through the Denver County Department of Social Services;

c. full-time temporary Merit System employment utilizing funds provided through the home care allowance program and work supplementation program;

d. full-time, permanent employment in an unsubsidized job.

.13

Pilot project participants may participate for up to fifteen (15) months before obtaining an unsubsidized job. The purpose is to assure adequate skill levels are obtained before job placement. AFDC recipients shall not be required to participate in the pilot project as a condition of eligibility for the AFDC program.

12.702 SPECIAL HOME CARE ALLOWANCE PROGRAM PROVISION

.11

For purposes of the Home Care Allowance (HCA) program, the pilot project is authorized to

charge an hourly rate of $12.00 for HCA services provided to HCA recipients.

.12

The HCA payment for categorically eligible clients who choose to have services provided by the pilot project, will be withheld from the client's monthly check and will be paid as a vendor payment to the Denver Department of Social Services.

.13

In no case shall the monthly amount exceed the state appropriated maximum payment per client. In no case shall the average cosg per HCA client participating in the pilot project exceed the monthly average cost per HCA client not participating in the pilot project.

12.703 SPECIAL MERIT SYSTEM PROVISION

.11

For purposes of the pilot project, the applicable Merit System classification permitted for special projects as contained in Staff Manual Volume 2 shall apply.

12.704 PLAN AND REPORTING REQUIREMENTS

.11

The Denver County Department of Social Services shall be required to submit an operational plan and quarterly status reports of the pilot project to the state department. The state department shall conduct an evaluation of the pilot project to determine statewide applicability. An interim evaluation shall be conducted by January 1, 1989.

HOMELSS PREVENTION ACTIVITIES PROGRAM

12.800 HOMELESS PREVENTION ACTIVITIES PROGRAM

.11 DEFINITION

The Homeless Prevention Activities Program is a program administered by the Colorado Department of Social Services to provide funding through private nonprofit agencies or nonprofit corporations to-assist in preventing families and individuals from becoming homeless.

.12 LEGAL BASE

The legal base for the Homeless Prevention Activities Program is Article 26-7.8 (Homeless Prevention Activities Program) and Part 39-22-13 (Homeless Prevention Activities Program Fund - Voluntary Contribution), CRS, as amended.

.13 PURPOSE

The purpose of the Homeless Prevention Activities Program is to assist families and individuals who are at risk of becoming homeless through the provision of preventive services to achieve stable and affordable housing.

.14 FUNDING

State funding for the Homeless Prevention Activities Program is provided through voluntary contributions

designated on state income tax return forms by individual taxpayers.

.15 ELIGIBLE RECIPIENTS

Families and individuals who are living in Colorado and meet both of the following criteria are eligible to be considered for participation in the Homeless Prevention Activities Program:

A. Families with children and individuals who are at risk of becoming homeless and have exhausted other available resources. “At risk of becoming homeless” includes:

1. In arrears on rent or mortgage payment due to reasons beyond the recipient's control;

2. Recent (within past year) loss of income which threatens the household's ability to meet rent or mortgage payment; or

3. Recent unavoidable, e.g. medical, expenses which threaten the household's ability to meet rent or mortgage payments; or

4. Recent increases in rent or mortgage payments which threaten the household's ability to make those payments; or

5. Other recent occurrences beyond the control of an individual or family, which threaten the household's ability to meet rent or mortgage payments.

B. Families and individuals who have access to sufficient resources to maintain stable housing after the precipitating cause of potential homelessness is addressed.

.16 RECIPIENT BENEFITS

A. At least 50% of the funds awarded from the Homeless Prevention Activities Program to an eligible organization must be used to pay for housing-related expenses on behalf of eligible recipients. Such expenses must be paid directly to the appropriate vendor(s) and may include rent or mortgage payments, utilities, relocation expenses, etc.

B. No more than 50% of the funds awarded to an eligible organization shall be used to provide other services to eligible recipients. (See Section 12.803.1 for Service Requirements.)

C. Rent or mortgage payments made on behalf of an eligible recipient shall meet the following criteria:

1. Be the lower of the actual rent or mortgage contract payment or the HUD Fair Market Rent Schedule for the household receiving assistance.

2. Not be made for units that are classified as substandard according to the HUD Housing requirements.

3. Recipients shall pay at least $1 of each rent or mortgage payment.

D. Homeless Prevention Activities Funds may be used to provide low interest or interest-free loans to eligible recipients when used to make rent or mortgage payments on behalf of such recipients. Organizations which have the administrative and accounting expertise to provide funds on a revolving loan basis may apply for funds to be used for this purpose.

E. None of the funds from the Homeless Prevention Activities Program may be used to replace or supplant other public benefits for which the recipient is eligible.

F. Eligible recipients may receive benefits and/or services for a period not to exceed six calendar months during any one calendar year.

.17 ELIGIBLE ORGANIZATIONS

The following types of organizations are eligible to apply for funding:

A. Any nonprofit association or nonprofit corporation which has, an established program which provides services to prevent hopelessness; or

B. A unit of local government or nonprofit agency which has contracted with -a nonprofit agency or nonprofit corporation which has an established program that provides services to prevent homelessness.

C. Individuals and for-profit organizations are not eligible for funding under this program.

.18 EXPENDITURE REQUIREMENTS

A. Organizations approved for funding shall provide cash or in-kind resources from local contributions or sources other than state funds equal to at least one hundred percent of the revenue provided from the Homeless Prevention Activities Program.

B. Funds from the Homeless Prevention Activities Program should be used to supplement other homeless prevention programs and shall not be used to reduce or replace previously existing funding for such programs.

.19 APPLICATION PROCEDURE

Organizations must apply to the Executive Director of the Colorado Department of Social Services at the time and in the format specified by the Department. The application will be evaluated and, if approved, incorporated into a contract with the Colorado Department of Social Services.

12.801 DISTRIBUTION OF FUNDS

Funds shall be distributed using the following guidelines:

.11

Funds shall be distributed within regions of the State based on the number of individuals receiving Food Stamps and the number of unemployed persons within the region. The number of individuals receiving Food Stamps within each region is used as the indicator of the number of homeless individuals within each region.

.12

Funds will be awarded to one or more eligible organizations within each region based on the funding process described in Section 12.806.

.13

The following weighting factors shall be utilized:

A. the proportion within each region of the State's unemployed persons weighted at 337.; plus

B. the proportion within each region of the State' s food Stamp recipients weighted at 67%.

.14

Regions are defined as follows:

Region A - Planning and Management Regions 1 and 2 comprised of the following counties: Larimer, Logan, Morgan, Phillips, Sedgwick, Washington, Weld, and Yuma.

Region B - Planning and Management Region 3 comprised of the following counties: Adams, Arapahoe, Boulder, Clear Creek, Denver, Douglas, Gilpin, and Jefferson.

Region C - Planning and Management Regions 4, 5 and 13 comprised of the following counties: Chaffee, Cheyenne, Custer, El Paso, Elbert, Fremont, Kit Carson, Lake, Lincoln, Park, and Teller.

Region D - Planning and Management Regions 6, 7, 8 and 14 comprised of the following counties: Alamosa, Baca, Bent, Conejos, Costilla, Crowley, Huerfano, Kiowa, Las Animas, Mineral, Otero, Pueblo, Prowers, Rio Grande, and Saguache.

Region E - Planning and Management Regions 9, 10, 11 and 12 comprised of the following counties: Archuleta, Delta, Dolores, Eagle, Garfield, Grand, Gunnison, Hinsdale, Jackson, La Plata, Montezuma, Montrose, Mesa, Moffat, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel, and Summit.

.15

If the approved requests for funds from eligible organizations within a region are less than the available funds per the distribution guidelines, the remaining funds may be redistributed to other region(s) within the State.

.16

If additional funds become available after the contracts have been awarded, these funds may be either distributed to the current contractors or distributed in the subsequent year at the discretion of the State.

12.802 PROGRAM REQUIREMENTS

An organization providing services funded by the Homeless Prevention Activities Program must meet the following program requirements :

.1 SERVICE REQUIREMENTS

.11

Services shall be designed to prevent homelessness. These services shall include, but need not be limited to:

A. Assistance in avoiding residential eviction and foreclosure including:

(1) counseling for families and individuals on legal rights and responsibilities, financial management, etc;

(2) mediation services to assist families and individuals in negotiating with landlords, mortgage holders, utility companies, etc.; and

(3) referrals to other agencies and programs and assistance in obtaining services, benefits and information from other agencies.

B. Assistance in identifying, locating, accessing and relocating to affordable housing.

C. Referrals to and assistance in obtaining or retaining suitable employment.

D. Outreach to identify families and individuals at risk of becoming homeless.

.12

Services to eligible recipients may be provided directly by the contract organization or through written agreements or subcontracts with other agencies or individuals or a combination of both. As specified in section 12.800.176, units of local government may not be direct service providers.

.13

Services to eligible recipients must include a documented plan for stabilization of the household or individual and must be coordinated by the contract organization so that the recipient receives a comprehensive package of services designed to prevent an episode of homelessness.

.14

Services to eligible recipients must be available during regularly scheduled hours of operation.

.2 STAFFING REQUIREMENTS

.21 Personnel Policies

Organizations shall establish written personnel policies and procedures within six months of entering into an initial contract with the State Department of Social Services.

.22 Job Descriptions

Each position shall have a written job description with specified duties, qualifications and requirements for both employees and volunteers.

.23 Training and Staff Development

Organizations shall provide training and staff development for employees and volunteers on the issues of homelessness and homeless prevention and on other subjects relative to the individual's job responsibilities.

.3 NONDISCRIMINATION

Organizations shall not discriminate against any employee, volunteer or service recipient because of age, race, color, religion, national origin, political belief, sex or sexual orientation, physical handicap, residence, or socio-economic or cultural background.

.4 MONITORING, EVALUATION AND REPORTING REQUIREMENTS

.41

Organizations shall monitor program performance and compliance with standards for its organization and/or its subcontractors. A monitoring plan to address these requirements shall be submitted with the organization's application for funding.

.42

Organizations shall evaluate the effectiveness of the program for which it receives funding. Measurable goals and objectives and an evaluation plan shall be submitted with the organization's application for funding.

.43

rganizations shall report to the Department in a format and time' prescribed by the Department. Reports shall include but need not' be limited to, the number and characteristics of the clients served, the number, type and cost of services provided, and the client outcomes in terms of homelessness prevented.

.44

Organizations shall maintain records which document the components needed to complete the prescribed reports and to meet audit requirements.

12.803 ADMINISTRATIVE REQUIREMENTS

Organizations applying for funding must meet the following administrative requirements:

.11

The organization must have in place:

A. A board of directors;

B. Completed articles of incorporation; or association;

C. Completed by-laws; and.

D. If a non-profit corporation, 501(c)(3) tax status.

.12

Organizations shall have an accounting system maintained in accordance with generally accepted accounting principles and shall assure that:

A. At least one member of the board of directors shall have designated responsibility for fiscal oversight of the organization.

B. One person (contract, employee or volunteer) shall have responsibility for the fiscal, accounting, and bookkeeping functions.

C. All withdrawals of money above an amount specified by the board of directors shall require the signature of two persons.

D. The financial records of the organization shall be reviewed at least biannually by an accredited auditor.

.13

Organizations shall submit a copy of their most recent audited tax return, financial statement or audit report with their application for funding.

.14

Organizations shall maintain the following insurance coverage:

A. general liability insurance; and

B. automobile liability insurance, if clients are to be transported.

.15

Organizations shall consider internal records and any other documents containing information about specific individuals as confidential information and act within the following guidelines:

A. The organization shall obtain a written release of information in writing before snaring any information about an individual served with any other agency. The only exception to this policy shall be compelling professional reasons (e.g., ordered by a court of law, or life threatening situations).

B. The organization shall fully inform the individual served about the limits of confidentiality, the purpose for which information is obtained, and how it may be used.

C. The organization shall afford individuals served access to any official program records concerning them.

12.804 FUNDING PROCESS

.11 APPLICATION PROCESS

Organizations must apply to the Executive Director of the Colorado Department of Social Services in the time and format specified by the Department. An application for funding shall include:

A. a letter of application;

B. a written program description which addresses the program and administrative requirements contained in these regulations;

C. letters of support from community agencies;

D. a proposed budget including required match and other sources of funding;

E. a copy of the latest financial audit or review.

12.804.12 SELECTION PROCESS

Applications will be reviewed by a selection committee appointed b} the Executive Director. The selection committee shall make recommendations to the Executive Director concerning programs to be funded. The Executive Director shall make the final funding decisions and shall inform all applicants of such decisions.

.13 SELECTION CRITERIA

Applicants must meet the following criteria:

A. completion of all application requirements;

B. assurances of matching funds (cash or in-kind) readily available or committed;

C. demonstrated fiscal management capability including the reasonableness of the costs of the proposal;

D. demonstrated programmatic capability for operating a Homeless Prevention Activities Program;

E. demonstrated community support as evidenced by funding contributions, use of volunteers, and letters of support;

F. commitment to cooperate with local units of government and community agencies serving the homeless or persons at risk o" becoming homeless;

G. a plan for the identification and use of other resources to prevent homelessness; and

H. if the applicant is a unit of local government, the coordination and oversight which will be provided to its subcontractor (see 12.800.16 B).

.14 SELECTION PRIORITY

Priority shall be given to applicants based on the following:

A. the cost-effectiveness demonstrated in the proposal;

B. the creativity shown in the proposed approach to preventing homelessness; and

C. the extent to which the applicant collaborated with other agencies in the preparation of an application.

12.804.15 Applicants may appeal funding decisions within 7 working days of notification of the funding decision to the Executive Director of the Department of Social Services. The Executive Director shall appoint an independent hearing panel of three individuals to determine whether the funding decision was in accordance with the rules of the Homeless Prevention Activities Program. The decision of the hearing panel shall be final.

12.805 STATE MONITORING AND EVALUATION

.11

The Department of Social Services shall monitor contract performance and compliance with program and administrative requirements and provide oversight of the contractor's monitoring and evaluation plans.

.12

The Department of Social Services shall prepare or cause to be prepared, an evaluation of the Homeless Prevention Activities Program on or before January 1, 1991 and January 1, 1992.

STANDARDS FOR PARENTAL RESPONSIBILITY TRAINING

12.900 STANDARDS FOR PARENTAL RESPONSIBILITY TRAINING

.1 Definition

Parental responsibility training as certified by local boards will provide group classroom instruction and practice opportunities for parents of juvenile delinquents who are sentenced under the provisions of the statute (H.B. 90-1100). The goal of training is to improve the parents' or guardians' ability to effectively discipline a child who engages in delinquent acts.

.2 Standards

Local boards appointed by the Chief Judge in each judicial district shall comply with the following standards:

.21

Parental responsibility training will be transferable from one judicial district to another, and accepted when families move to a new district.

.22

Training will be developed for a minimum standard of 24 classroom hours conducted over no less than six (6) weeks in order to allow skill practicing in the home situation. During the course of the training program, the entire family unit may be requested to participate in the training as directed.

.23

The training design will accommodate parents with limited literacy and those who are non-English speaking. This may be accomplishes by use of an interpreter and literacy volunteers. Care shall be taken to structure the content to the level of comprehension of any given group.

.24

The training design will include core values such as:

A. discussion of the differences between discipline and punishment.B. respect for Individual rights.C. family processes which include participation.D. family communication.E. self responsibility.F. empowerment of parents.G. the need for positive role modeling.H. how to teach value development in children.I. how to instill self discipline in children.J. how to cope with peer group influences.

.25

In addition to the requirements of Section 19-2-1404 (1), C.R.S., the curriculum will include examination and discussion of discipline versus punishment which incorporates the following elements:

A. the use of natural consequences.B. graduated sanctions or consequences.C. the use of positive reinforcement.D. alternatives to corporeal punishment.

.26

Qualifications for trainers are recommended to include the following:

A. a bachelor's degree in psychology, social work or a related human services field.B. where feasible, judicial districts shall promote the inclusion of a parent representative as a co-trainer for the program.C. if the local board cannot locate trainers who meet these qualifications, it may, at its discretion, determine an acceptable alternative as long as these overall standards are maintained.

.27

Each local training program must develop a training plan in writing. The plan must include:

A. required content.

B. program length.

C. a plan to incorporate practical applications rather than theory.

D. evidence of opportunities to practice what is learned as well as open discussion.

E. evidence that the planned curriculum will take into account sensitivity to ethnic, cultural, and religious differences.

F. a mehcanism for ongoing evaluation of the training.

G. a plan for establishment of parental fees associated with the training to include:

1. a means to assess a fee based on income guidelines.

2. a method of collecting the fees.

3. a means of compensating the trainers.

.28

The local board shall certify the training program in accordance with these guidelines and the curriculum approved will cover the required content outlined under 12.900.25.