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Legal Authority

 ARD

 

Federal Statutory Authority and Rule

  • 471(a)(22) provides that, not later than January 1, 1999, the State shall develop and implement standards to ensure that children in foster care placements are provided quality services that protect the safety and health of the children.
  • 45 C.F.R. 1355.34(c)(3) and 45 C.F.R. 1357.15(u) requires a qulaity assurance system to regularly assess the quality of services provided to children and families and to assure that issues identified by this system are addressed.
  • Section 475(5) and (6) fo the Social Security Act (42 U.S.C. 675) defines "Case Review System" and the requirements of a case review system. It also defines "Administrative Review".
  • Section 422(10) of the Social Security Act (42 U.S.C. 675) and 45 C.F.R. 1355(c)(2) federal rule interpretation also provides guidance on the requirements of a Case Review System.
  • Section 471 (42 U.S.C. 671) outlines requirements for the State Plan for Foster Care and Adoption Assistance. In order for a State to be eligible for payment under this part, it shall have a plan approved by the Secretary which (16) provides for the development of a case plan (as defined in Section 475 (1) for each child receiving foster care maintenance payments under the State plan and provides for a case review system which meets the requirements described in section 475(5)(B) with respect to each such child.
  • P.L. 107-273 A: Department of Justice authorization act. States receiving juvenile justice funds must provide assurances that juvenile offenders whose placements are financed using federal funds through the Title IV-E Foster Care program receive all the protections included for children in the foster care system, including a case plan and a case plan review.

 

State Statutory Authority

 

  • C.R.S. 26-1-111(2)(d)(11)(A)&(B) indicate that each fiscal year, the amount set aside from federal earnings to fully fund Title IV-E eligible services and the costs of the State Administrative Review Unit are to be adjusted annually by the General Assembly to reflect rate changes, workload, federal financial participation, and any other factor determined necessary to maintain a comparable level of services and costs.

 

Title 19 (Colorado Children's Code) C.R.S. Sections

 

  • 19-1-103 (5), Definition of Administrative Review
  • 19-1-115 (4) (c), Legal Custody-guardianship-placement out of the home. The court or at it's discretion, may require an administrative review each six months after the initial review.
  • 19-2-906.5(2)(a), Orders-community placement-reasonable efforts required-reviews. Every six months after the sentencing hearing, the court may require an administrative review. At the review the reviewing entity shall determine...best interests, safety, compliance, progress, date projected for permanency, appropriateness of out of state placement when applicable.
  • 19-2-906.5 (3)(a)(c), Orders-community placement-reasonable efforts required-reviews. If the juvenile is placed in a community placement for a period of 12 months and every 12 months thereafter, the court may require the department of human services to conduct a permanency review. The entity conducting the permanency review shall make determinations re: best interests, safety, reasonable efforts, need for continued placement, progress, date for permanency, and appropriateness of out of state placement when applicable.
  • 19-3-502 (3)(c), Petition form and content-limitations on claims in dependency or neglect actions. The review of any decree of placement of a child subsequent to the three month review required by section 19-1-115(4)(a) may be conducted as an administrative review.
  • 19-3-701 (2)(c), Petition for review of need for placement. All petitions filed pursuant to this section shall include the following statement: "If the child is placed out of the home for a period of twelve months or longer, the court shall hold a permanency hearing within said twelve months to determine the future status of the child. The review of any decree of placement of a child subsequent to the three month review required by section 19-1-115(4)(a) may be conducted as an administrative review by the department of human services. If you are a party to this action, you have the right to object to an administrative review, and, if you object, the review shall be conducted by the court."
  • 19-3-702 (6)(a), Permanency hearing-periodic reviews. Periodic reviews conducted by the court or, if there is no objection by any party to the action, in the court's discretion, through an administrative review conducted by the state department of human services, shall determine whether the child's safety is protected in the placement, whether reasonable efforts have been made to find a safe and permanent placement, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care and shall project a likely date by which the child may be returned to and safely maintained at the home, placed for adoption, legal guardianship, or guardianship of the person, or placed in another permanent safe placement setting.
  • 19-3-702 (8)(a), Permanency hearing-periodic reviews. Subsequent reviews, in the court's discretion through an administrative review shall be conducted every six months. In the event that an administrative review is ordered, all counsel of record shall be notified and may appear at said review. The entity conducting the review shall make the same determinations as are required at a periodic review conducted pursuant to paragraph (a) of subsection (6) of this section.