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The information on this page was shared in OM-CW-2016-0004. Click here to review and download all memos issued by CDHS clarifying policies and expectations of county partners and contracted entities.
Individual required checks shall be documented in the state automated case management system using the Staff Requirements screen in the provider record (Resource)
A: This depends on who has custody and whether the arrangement was made prior to county involvement. If the parents make the arrangement with family prior to county involvement, a fingerprint-based criminal history record information check is not required. A name-based criminal history record information check, confirmation of child abuse/neglect in every state all adults in the home have resided in the past 5 years, state judicial case management system, CBI sex offender registry and the national public sex offender website operated by the Department of Justice checks are required when the county department is involved to ensure the child/youth is in a safe setting. For example: A referral was received and a worker goes out on an assessment. In the course of that assessment, it is determined that the parents arranged for the child/youth to live with a kin temporarily. Facilitation did not occur and fingerprint-based criminal history record information checks are not required, however, because someone had enough concern to call in the referral and the county department had enough concern to investigate the situation, basic checks (name-based criminal history record information check, Trails check, court case management database [CO Courts], CBI Sex Offender Registry and the National Sex Offender Public Website operated by the Department of Justice) need to occur to ensure the child/youth was placed with a safe caregiver.
If the arrangement was made with county involvement in the facilitation, a fingerprint-based criminal history record information check is required in addition to all checks mentioned above. Involvement in the facilitation occurs if the county department was involved in the decision for the living arrangement of the children/youth. The county department does not have to initiate the living arrangement, just be involved in the decision making/agreement.
For example: A referral was received and a worker goes out on an assessment. In the course of that assessment, it is determined that the child/youth is not safe with the parents, who agree to allow the child/youth to live temporarily with kin. Because the county department is involved in the agreement for the child/youth to live temporarily with the kin, facilitation has occurred and fingerprint-based criminal history record information checks are required.
A: Safety planning is used during the assessment phase to mitigate/eliminate current or impending danger and identifies a safety management person or persons who can provide a safe place for child to stay until further assessment can be completed or a meeting with the family can be held to determine next steps. The next steps should identify the following:
To be considered a safety management person for the situations listed above, the safety management person shall not be convicted of one or more of the following offenses:
A: Biological parents and current step-parents are not included in the definition of kin and kinship rules do not apply. A county can use their discretion to perform additional checks on a parent or step-parent. Psychological parents and previous step-parents are included in the definition of kin as they had a prior significant relationship.
A: Background checks are required when a move has occurred. This can happen when either a child/youth or parent leaves the home. If parents and their children jointly move in with relatives/kin or a relative/kin moves in with the family and nobody leaves the home, the parents maintain their parenting authority and background checks are not required. If there is reason to believe the relative/kin may need to step into the primary caregiving role, the county department may be proactive in completing the background check.
A: Emergency or non-emergency procedures should be followed, depending on applicability of the circumstances, including consideration of the custody status. For example,
A: Yes, when following a review of confirmed child abuse and/or neglect on the State automated case management system, it is determined that placement is safe (section 7,304.21, C, 7 and section 7.500, B, 4 [12 CCR 2509-6]).
A: The background check can only be released to the Guardian ad Litem with a court order. Section 7.304.53, M (12 CCR-2509-4) requires county departments of human/social services to provide the GAL with CBI and FBI fingerprint-based criminal history record information for foster care homes, kinship foster care homes, and non-certified kinship families when court ordered.
A: Background checks are documented in two places. Electronically, the date of completion needs to be documented in the staff requirements screen located the provider record (found in the resource section) in Trails. Hard copies of the results of background checks are kept in the case file.
A: In general, CBI requires a provider number, name, and date of birth regardless of immigration status. A provider number must be opened in the State automated case management system. However, when fingerprint-based criminal history record checks are submitted through emergency placements as a result of 19-3-406, C.R.S., a provider number is not required.
A: Fingerprints are flagged while a foster parent, kinship foster parent, or non-certified caregiver provides placement services for a child or youth involved with the county department. When placement services are no longer provided, the county department does not have a right to the information and must request CBI to “unflag” the fingerprint record, except when a background check (defined in section 7.000.2) was completed for an emergency placement. 19-3-406(7), C.R.S. and section 7.304.21, D, 2, f, 11 allow fingerprints to be valid for three months.
Additionally, it is important for the county department to know which staff receive notifications from CBI about new arrests for active foster care homes, kinship foster care homes, and non-certified kinship providers. The information must be relayed quickly to relevant program staff to address any concerns and for monitoring. It is the responsibility of the county department to ensure that the contact information is current.
A. An application is required for all foster care, kinship foster care, and non-certified kinship care placements regardless of the circumstances (emergency visitation and emergency placements). Below are relevant rule citations in Volume VII reinforcing this requirement.