The CAFCA Brief UpdateCAFCA BRIEF UPDATE

August 2003

REMINDER: General membership meeting this Friday, August 15th, 9:00-10:30 a.m. at 455 Sherman St., 1st floor conference room.  Our program will feature another videographer who produces marketing and development tapes for nonprofit agencies.  The CTS committee will meet immediately following, 10:30-noon.

Rosales Decision May Make More Foster Children Eligible for Title IV-E Funds
The Ninth Circuit Court of Appeals issued a landmark decision in Enedina Rosales and the California Department of Social Services v. Tommy G. Thompson in March 2003 and changed the way IV-E eligibility is determined.  AFDC eligibility (“the AFDC linkage”) has been at the core of AFDC-FC and Title IV-E eligibility.  Historically, the key question has been what was the child’s “home of removal” for determining eligibility, i.e., the child’s biological parent’s home, the child’s caregiver’s home, the child’s last residence, etc.  Rosales now requires only that the child be eligible in any recent home or would have been eligible in any recent home (in the last 6 months prior to the date of removal or voluntary placement) if AFDC application had been made.

AFDC always required that a child be living in the home of parents or “other specified relatives” in order to apply for AFDC.  Because relatives other than parents have no legal obligation to support a child financially, the child may qualify for AFDC as a “family of one.”  Thus children who reside with non-parent relatives prior to removal or voluntary placement will pass the AFDC means test, unless they have independent legal access to a trust fund or other income source.  A child who is a “family of one” and meets the “absent parent” deprivation criteria automatically meets the AFDC linkage criteria.  In summary, the Rosales decision allows the AFDC linkage test to be met in any specified relative’s home in which the child resided at any time during the removal month or six months prior thereto.

The Ninth Circuit court’s jurisdiction does not include the state of Colorado and this decision may be appealed to the U.S. Supreme Court.  But it provides persuasive authority to change the way Colorado determines Title IV-E eligibility and funding for foster care and other out-of-home placements.

CAFCA MOVE UPDATE
 We will be moving to 1120 Lincoln St., Suite 701, in Denver in early September. Telephone service may be interrupted during this time, but we are hoping to maintain e-mail contact and should have cell phone contact as well.  This building does not have a conference room large enough for general membership meetings.  If your agency is willing to host a general membership meeting (requires space for 15-20 people) on the third Friday of either September or October, please contact Peg or Mary.  Host member agencies can conduct a brief tour or provide other information about their programs and services.  This could be a great way to learn more about each other! 

September Board Meeting
The September CAFCA board meeting is scheduled for Monday, September 15th in Loveland and will be co-hosted by CAFCA members Namaqua Center in Loveland and Turning Point in Fort Collins.  The board meeting will begin at 9:00 a.m. followed by brunch and a short program to introduce potential members to CAFCA.  

Committee News
Adoption Committee:  Committee members are working with State Judicial on possible amendments to the voluntary expedited relinquishment statute that was passed last session.  Virginia and Peg met with Amy Sampson of the Governor’s office regarding legislative barriers to adoption.  We are hopeful that the governor’s office might support proposed legislation regarding several related issues, e.g., regulating out-of-state adoption facilitators and having a Guardian ad Litem appointed for relinquishing birth parents who are minors.  The committee has also begun work on developing an Adoption White Paper.

CTS: The committee continues to work on addressing the RTC Medicaid audits and regulations.  It appears that the letter Peg wrote to Karen Reinertson on behalf of CAFCA RTCs, objecting to the proposed rule changes regarding recovery provisions, has been temporarily successful as the proposed rules were removed from the August 8th Medical Services Board agenda.  Rumors abound that the new RTC Administrator will be Bob Thompson, who has prior experience in the position.  If this is accurate, this is good news for CAFCA as Bob was well respected.   The RTC waiver seems to be bogged down in HCPF.  Peg attended HCPF’s July 24th stakeholders’ meeting regarding the $4.3 million in cuts that the legislature made to the FY 2003-04 budget.  Emergency rules to implement the cuts were adopted at the August 8th Medical Services board meeting.  As a result, Medicaid will limit hospital inpatient stays to 45 days and 35 outpatient visits per year, as well as eliminate services for those children whose sole diagnosis is “conduct disorder.”  Peg verified that these changes impact only the capitated Medicaid population served by MHASAs and should not affect child welfare and RTCs at this time.

Foster Care:  The committee is continuing to work on improving relations between CPAs and counties by hosting joint luncheon meetings and working on three identified issues in joint committees.  The next joint meeting is Tuesday, August 19th.

Public Policy:  Peg has asked Roxane White, Denver County’s new Director of Human Services, to speak at an upcoming general membership meeting.  Barbara Drake has apparently been appointed the new Director of Human Services in El Paso County, replacing David Berns, who accepted the state director position in Arizona.  Representative Lauri Clapp will be convening a group of legislatures to discuss out-of-home placement issues.  CAFCA has offered its expertise to the task force at any time it may be needed.  CAFCA committees have been asked to let public policy committee know of any legislation that they would like to propose for the 2004 session.  We are already looking at potential adoption and foster care legislation and at least one draft bill regarding detrimental movement of foster children.

SSI Training
CAFCA, CDHS-Mental Health Services administration and federal Region VIII Social Security Administration will be hosting a free workshop for providers, mental health workers, parents and county social workers regarding the SSI eligibility process, including criteria and supporting documentation.  The workshop will be from 8:30-noon on Tuesday, August 26th, in the auditorium at Ft. Logan.  Mental health is trying to arrange for the workshop to be videotaped for those who could not attend or who would like to share the training with staff.  Although the workshop is free, reservations are required and should be sent to: anita.morgareidge@state.co.us or (303) 866-7421.