2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-904.5 - [Effective 9/1/2024] Kinship foster care homes - certification and revocation of certification - financial assistance and supports - training - interagency resource data - report - rules - repeal

(1)
(a)
A kinship foster care home seeking certification shall follow the application process outlined in section 26-6-910. A county department or child placement agency, upon the successful completion of the background checks required pursuant to section 19-3-406 or 26-6-910, may issue a one-time provisional certificate for a period of six months to an applicant at a specific location who is requesting provisional certification. The applicant may opt out of the provisional certification process. A provisional certification permits the applicant to operate the kinship foster care home if the applicant is temporarily unable to conform to all standards required pursuant to this part 9, upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. If the applicant successfully completes the background checks required pursuant to section 19-3-406 or 26-6-910, the county department or child placement agency shall make payment beginning with the completion of the fingerprint background check. The county department or child placement agency shall complete the certification process within the timelines promulgated by rule of the state board.
(b)
The county department or child placement agency to which the kinship foster care home applied for certification shall extend the provisional certification provided for in subsection (1)(a) of this section by an additional sixty days if the applicant can demonstrate that the applicant did not cause the delay in completing all the requirements for certification.
(c)
A kinship foster care home may opt out of the provisional certification process and remain eligible for supports through sources other than foster care maintenance.
(d)
Prior to transferring temporary legal custody of any child or youth to a relative or kin, the court shall make findings that the relative or kin was advised regarding the differences between kinship foster care and non-certified kinship care, including but not limited to financial assistance, custody requirements, and long-term financial support options.
(e)
The applicant has the right to appeal any certification denial that the applicant believes presents an undue hardship or has been applied too stringently by a county department or child placement agency. Upon the filing of an appeal, the applicant, county department, or child placement agency shall proceed in the same manner as prescribed for licensure appeals in section 26-6-909 (4).
(f)
(I)
The state department, a county department, or a child welfare agency has the authority to investigate and inspect a kinship foster care home pursuant to section 26-6-912 and to take appropriate actions as described in section 26-6-912 (1)(d)(I).
(II)
The state department, a county department, or a child placement agency may revoke a kinship foster care home's certification in accordance with section 26-6-913.
(2)
Kinship foster care homes are eligible for financial reimbursement and supports at the same rate as foster care homes, as established in rules promulgated by the state board of human services. Non-certified kinship care homes are eligible for financial assistance and supports at thirty percent of the foster care rate, based on the age of the child or youth receiving care. Beginning in state fiscal year 2026-27, non-certified kinship care homes are eligible for financial assistance and support at fifty percent of the foster care rate, based on the age of the child or youth receiving care. Funding to cover financial assistance and supports comes from the revenue stream identified in subsection (3) of this section.
(3)
(a)
The state department shall reimburse the county departments ninety percent of the amounts expended by county departments for kinship foster care and non-certified kinship care daily rates to support financial assistance. The kinship foster care rate and non-certified kinship care rate are exempt from the close-out process described in section 26-5-104 (3).
(b)
For state fiscal years 2024-25 and 2025-26, the general assembly may appropriate money from the Colorado long-term works reserve, created in section 26-2-721, for the purposes of providing the funding required by subsection (2) of this section.
(4)
(a)
The state department shall provide training on the certification standards to kinship foster care providers who are applying for certification pursuant to subsection (1) of this section. Whenever possible, the state department shall provide training in an online format.
(b)
The state department shall collaborate with the department of education, the department of public health and environment, and the department of health care policy and financing to develop an interagency resource. The state department shall prominently post the interagency resource created pursuant to this subsection (4)(b) on the department's website.
(5)
(a)
The state department and the judicial department shall collect data on the number of children who are placed with certified and Non-certified kin through a dependency and neglect case, regardless of who has custody of the child or youth. The state department and the judicial department shall include data on the permanency outcomes, length of stay, re-entry into care, and all other outcomes collected for children and youth in out-of-home placements. The state department shall make the data available on its website on or before October 1, 2025.
(b)
On or before October 1, 2025, the state department shall study and report to the general assembly the feasibility of using federal funds, including but not limited to federal IV-B, IV-E, or TANF funds, or other grant funding to provide or reimburse for the provision of brief legal services or legal representation of relative and kin caregivers.
(6)
(a)
On or before August 1, 2025, and every August 1 thereafter until August 1, 2030, the state department shall submit a report to the joint budget committee on the implementation of non-certified kinship care home, the impacts to the number of placements with kinship foster care homes, and the impacts on county departments of human or social services in their ability to support providers. The state department shall submit data provided by county departments of human and social services as a supplement to the report. The report must include:
(I)
The impacts of financial assistance on the certification and recruitment of kin families and the trends of kin's choices to become certified or non-certified;
(II)
The workload changes for county caseworkers associated with supporting kin pursuant to this section, both certified and non-certified; and
(III)
The related impacts of county staff who support kin, as provided by county departments of human and social services.
(b)
This subsection (6) is repealed, effective June 30, 2031.
(7)
In addition to the rules promulgated pursuant to section 26-6-911, the state board shall promulgate rules as necessary to implement this section with respect to kinship foster care homes.
Added by 2024 Ch. 289,§ 8, eff. 9/1/2024.