12 CCR 2509-2
DEPARTMENT OF HUMAN SERVICES REFERRAL AND ASSESSMENT 12 CCR 2509-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________
7.100 REFERRAL AND ASSESSMENT [Eff. 1/1/15]
7.101 DOCUMENTATION OF REFERRALS [Eff. 1/1/15]
All reports that meet the definition of a referral shall be entered into the state automated case management system. Any time a case is opened, it shall come through the referral or assessment process in the state automated case management system with the exception of Interstate Compact on the Placement of Children (ICPC), out of state subsidized adoption, and Division of Youth Corrections (DYC) Medicaid-only.
7.102 HOTLINE REQUIREMENTS [Eff. 1/1/15]
The establishment of a statewide child abuse and neglect reporting hotline system is intended to provide an additional resource for the public to make an initial report of suspected or known abuse and/or neglect.
7.102.1 COUNTY HOTLINE RESPONSIBILITIES [Eff. 1/1/15]
A. County departments shall establish a dedicated child abuse and neglect reporting telephone line to receive calls from the statewide child abuse and neglect reporting hotline system.
B. County departments shall ensure that all calls received through the statewide child abuse and neglect reporting hotline system will be answered by a live person designated by the county, which may include county staff, local law enforcement, the Hotline County Connection Center, and/or an answering service.
C. County departments shall ensure that any county department staff that responds to inquiries regarding child abuse and/or neglect or gathers information for reports of child abuse and/or neglect are trained and annually certified according to the requirements outlined in Section 7.603 (12 CCR 2509-7).
D. County departments shall ensure that all reports and inquiries received through the statewide child abuse and neglect reporting hotline system are documented in the state automated case management system as defined in Section 7.103.9.
E. When county departments select a routing method in the statewide child abuse and neglect reporting hotline system that prevents call data from being collected by the hotline system, county departments shall provide the State Department with designated monthly reports.
1. County Departments shall use a uniform template, provided by the State Department, to report the following:
2. The monthly reports shall be due to the State Department by the third business day of the following month.
7.102.2 HOTLINE COUNTY CONNECTION CENTER RESPONSIBILITIES [Eff. 1/1/15]
A. Hotline County Connection Center staff shall be continuously available twenty-four (24) hours a day, seven (7) days a week to receive and immediately route hotline calls to the appropriate county department.
The appropriate county department shall be determined by the following criteria in order of priority:
1. Residence of the child;
2. Current location of the child; or, 3. Incident location.
B. All Hotline County Connection Center staff shall be trained and annually certified according to the requirements outlined in Section 7.603 (12 CCR 2509-7).
C. Hotline County Connection Center staff shall ensure that all hotline calls are documented in the state automated case management system.
When requested by a county department and approved by the county’s Board of County Commissioners and the Department’s Executive Director, Hotline County Connection Center staff shall gather and document all information concerning intrafamilial, institutional, and third party reports of abuse and/or neglect as defined in Sections 7.101, 7.103.1, and 7.103.2.
7.102.3 TRANSFER OF HOTLINE RESPONSIBILITIES [Eff. 1/1/15]
A. County departments may request the Hotline County Connection Center to receive reports and inquiries from the child abuse and neglect reporting hotline on behalf of the county department subject to the Board of County Commissioners’ approval and subsequent approval by the State Department’s Executive Director. The request must be submitted in writing and approved by the State Department prior to implementation.
B. In the event of a natural disaster or other emergency situation in which county departments cannot receive reports or inquiries from the statewide child abuse and neglect reporting hotline system, county departments may request that the Hotline County Connection Center receive their reports or inquiries, until they are able to resume normal operations, by contacting the State Department’s Executive Director or his/her designee.
C. County departments may request another county department to receive reports and inquiries from the statewide child abuse and neglect reporting hotline system on behalf of the county department subject to the Board of County Commissioners’ approval. Documentation of agreement from both county departments must be submitted to the State Department’s Executive Director or his/her designee prior to implementation.
Reports and inquiries taken by a county department or the Hotline County Connection Center on behalf of another county department must follow the requirements defined in Sections 7.101, 7.101.1, 7.103.1, and 7.103.2.
D. When the Hotline County Connection Center or another county department enters a report of child abuse and/or neglect into the state automated case management system on behalf of another county department, it shall transfer the referral to the appropriate county department through personal contact and the state automated case management system within one hour after the call is completed.
E. When a county department receives referrals from the Hotline County Connection Center or another county department, the county department shall confirm receipt of the referral within one hour through personal contact or the state automated case management system.
F. When the Hotline County Connection Center or another county department enters an inquiry into the state automated case management system on behalf of another county department, they shall transfer the inquiry to the appropriate county department as follows:
1. Inquiries regarding child abuse and/or neglect or inquiries regarding families involved in an open child welfare case shall be transferred to the appropriate county department through personal contact and the state automated case management system within one hour after the call is completed.
2. All other inquiries shall be transferred to the appropriate county department through the state automated case management system within one hour after the call is completed.
G. When a county department receives an inquiry from the Hotline County Connection Center or another county department, the county department shall confirm receipt of the inquiry as follows:
1. Inquiries regarding child abuse and/or neglect or inquiries regarding families involved in an open child welfare case shall be confirmed through personal contact or the state automated case management system within one hour of receipt.
2. All other inquiries shall be confirmed through the state automated case management system by the close of the next business day.
7.103 RECEIPT OF REFERRAL ALLEGING INTRAFAMILIAL OR THIRD PARTY ABUSE AND/OR
NEGLECT– INFORMATION TO BE GATHERED [Eff. 1/1/15] Upon receipt of a referral alleging intrafamilial or third party abuse and/or neglect, county departments shall gather and document as much of the following information, as available:
A. Reporting party’s name, address, and telephone number, e-mail, fax, role, agency and relationship to the alleged victim child(ren) and family;
B. Alleged victim child(ren)’s name, address, current specific location, school (if applicable), birth date(s), and extent of injuries;
C. Family and household members, names, dates of birth, relationship to each other, and relationship to the alleged victim child(ren);
D. Name, date of birth, present location, and current or last known address of the person alleged to be responsible for the abuse and/or neglect;
E. The presenting problems and specific allegations of the abuse and/or neglect, and the nature of the environment;
F. The duration and nature of the alleged abuse and/or neglect and whether the conditions have worsened, improved, or remained unchanged;
G. The date, time and location the alleged victim child(ren) were last seen by the reporting party;
H. The nature of any concerns regarding the interactions between the caregivers;
I. The nature of any law enforcement involvement with the family;
J. Whether there are any weapons in the home;
K. The nature and extent of any drug use by family or household members;
L. The nature of any other environmental hazards in the home (e.g., vicious animals, methamphetamine labs, criminal activity, etc.);
M. The name, address and telephone number of other individuals who may have information about the referral;
N. The identity and contact information of collateral agencies and individuals involved with the family;
O. Records check result of internal and state automated case management system inquiries;
P. Date and time referral received;
Q. Family strengths and supports;
R. Possible solutions for resolving the presenting problem;
S. Race and primary language of the child and family;
T. Information as to whether or not the children have American Indian or Alaskan Native heritage, and if so, the Tribal affiliation; and, U. Any actions taken by the referral source or reporting party.
7.103.1 Jurisdiction for Referrals Concerning Intrafamilial and Third-Party Abuse and/or Neglect [Eff. 1/1/15] A. The county department with jurisdiction for responding to a referral concerning intrafamilial or third-party abuse is the department for the county in which the alleged victim child(ren) resides the majority of the time except when custody of the alleged victim child(ren) is shared equally between caregivers. When custody is shared equally between caregivers, the county department with jurisdiction is the department for the county in which the person(s) alleged to be responsible for the abuse and/or neglect reside, if known.
B. When a family is homeless as defined in 42 U.S.C. Section 11302, the county department with jurisdiction is the department for the county in which the alleged victim child(ren)’s primary nighttime residence is located.
C. If the jurisdiction is unable to be determined by A or B, above, the county department with jurisdiction is the department for the county in which the alleged victim child(ren) are currently present, as set forth in Section 19-3-201, C.R.S.
D. County departments shall use available resources to determine jurisdiction including, but not limited to:
1. Colorado benefits management system;
2. Alleged victim child(ren)’s school or daycare;
3. History within the state automated case management system;
4. Colorado courts;
5. Where services may be provided.
7.103.11 Transfer of Jurisdiction [Eff. 1/1/15]
A. If the county department that receives a referral determines that another county department has jurisdiction, the county department that received the referral shall:
1. Gather and document all information as available in Section 7.103.1, A;
2. Gather and document all information necessary to determine jurisdiction; and 3. Contact the county determined to have jurisdiction within the following timeframes:
B. The county determined to have jurisdiction shall screen the referral.
C. When the county department that received the referral makes a decision based upon the referral prior to determining jurisdiction, the county department determined to have jurisdiction shall uphold that decision including assignment and response time, unless:
1. Additional or new information is gathered by the county department determined to have jurisdiction.
2. The additional or new information shall relate to the safety of the child.
3. The child welfare or county department director of the county department determined to have jurisdiction overrides the decision.
4. The authorization, information, and justification for any change shall be documented in the referral notes.
D. If an immediate response is necessary, the county department where the child is located at the time of the referral is the responsible county department while jurisdiction is determined.
7.103.2 RECEIPT OF REFERRAL ALLEGING INSTITUTIONAL ABUSE AND/OR NEGLECT –
INFORMATION TO BE GATHERED [Eff. 1/1/15] Upon the receipt of a referral alleging institutional abuse and/or neglect, the county department shall gather as much of the following information, as available:
A. Reporting party’s name, address, telephone number, e-mail, facsimile, role, and relationship to alleged victim child(ren) and family;
B. Alleged victim child(ren)’s name, address, current specific location, school (if applicable), birth date(s), and extent of injuries;
C. The presenting problems and specific allegations of the abuse and/or neglect;
D. Name, address, and present location of the person(s) alleged to be responsible for the abuse and/or neglect. If the person(s) is a staff person(s), determine if the person(s) is still on duty or off duty. If the person(s) is another resident, determine where he/she is at the time this information is obtained;
E. Any indication that other children in the institution are or have been injured, abused, and/or neglected, and if so, their names addresses and current location;
F. Time, date, location and witness(es) of the incident;
G. Any other information which might be helpful in establishing the cause of the injury, abuse and/or neglect;
H. Name, address, and contact information of the parent(s)/guardian(s) of the alleged victim child(ren);
I. Name, address and telephone number of the institution and whether there is an after-hours telephone number for the institution;
J. Name and address of the agency holding legal custody of the alleged victim child(ren);
K. Historical and current information regarding the alleged victim child(ren), the facility and the person(s) alleged to be responsible for the abuse and/or neglect.
L. Whether the institution has been apprised of the allegation and if so, the action(s) that have been taken by the institution, such as:
1. Notification of the custodial county/agency.
2. Notification of the parent(s)/guardians.
3. Separation of the alleged victim child(ren) from the person(s) alleged to be responsible for the abuse and/or neglect.
4. Provision of medical treatment, and if no medical treatment has been provided whether in the reporter's opinion, an injury was sustained which would constitute a medical emergency.
7.103.21 Jurisdiction for Referrals Concerning Institutional Abuse and/or Neglect [Eff. 1/1/15] The county in which the facility is located shall have jurisdiction for responding to a referral concerning institutional abuse.
7.103.3 INITIAL REVIEW [Eff. 1/1/15]
When available, the county department shall gather the information in Section 7.103.1, A and/or B, and conduct an initial review. The initial review shall decide the appropriateness of immediate assessment and/or RED Team review. It shall include, but not be limited to, the following actions:
A. Review the state automated case management system and any available county department files within twenty-four (24) hours for:
1. Prior referrals and/or involvement with the alleged victim child(ren), family, and person(s) alleged to be responsible for the abuse and/or neglect;
2. Actions taken; and, 3. Services provided to inform whether there is known or suspected abuse and/or neglect or serious threats of harm to a child.
B. As available and appropriate, obtain information from collateral sources such as schools, medical personnel, law enforcement agencies, or other care providers.
7.103.4 RED TEAMS [Eff. 1/1/15]
A. County departments shall develop and implement a process utilizing the RED Team framework to review referrals and determine response times. THE RED Team process shall be utilized for all referrals, with the exception of:
1. Referrals necessitating an immediate response;
2. Referrals necessitating a response prior to the next business day;
3. Referrals alleging institutional abuse and/or neglect; or, 4. Referrals alleging youth in conflict.
Counties may choose to utilize the RED Team process for the above exceptions.
B. The RED Team framework shall include, but not be limited to:
1. Danger/harm;
2. Complicating/risk factors;
3. Gray area;
4. Cultural considerations/race;
5. Safety;
6. Strengths/protective factors; and 7. Next steps.
C. All RED Team decisions shall be approved by a supervisor by the end of the calendar day and documented in the state automated case management system by the end of the next business day.
7.103.5 REFERRALS REQUIRING NO FURTHER ACTION [Eff. 1/1/15]
A. County departments may determine that a referral does not require further action and screen it out for the following reasons:
1. The current allegations have previously been assessed;
2. The alleged victim child(ren) are not located or reside in the State of Colorado. In this circumstance, the county department shall inform the other state or county department of the referral;
3. Referral does not meet criteria of abuse and/or neglect as defined in statutes and regulations;
4. Referral lacks sufficient information to locate the alleged victim child(ren);
5. Referral is duplicative of a previous referral. In this circumstance, the county department shall associate the duplicate referral with the previous referral in the state automated case management system);
6. The person alleged to be responsible for the abuse and/or neglect is a third (3rd) party and ten (10) years of age or older. In this circumstance, the county department shall send the referral to the appropriate law enforcement agency;
7. There is no current allegation of abuse and/or neglect; and, 8. Other (applicable for Program Area 4 only and requires documentation explanation in the state automated case management system).
7.103.6 CRITERIA FOR ASSIGNING A REFERRAL FOR ASSESSMENT [Eff. 1/1/15]
A. County departments shall assign a referral for assessment if it:
1. Contains specific allegations of known or suspected abuse and/or neglect as defined in Section 7.000.2;
2. Provides sufficient information to locate the alleged victim; and, 3. Identifies a victim under the age of eighteen (18).
B. Any time a case is opened, it shall come through the referral or assessment process in the state automated case management system with the exception of Interstate Compact on the Placement of Children (ICPC), out of state subsidized adoption, out of state Medicaid, Interstate Compact on Adoption and Medicaid Assistance (ICAMA), or Division of Youth Corrections (DYC) Medicaid- only.
7.103.61 Response Time for Referrals Assigned for Assessment [Eff. 1/1/15]
A. County departments shall assign the appropriate response time for assessments based upon the date the referral is received using the following criteria:
1. An immediate and/or same day response is required when a referral indicates that:
2. A three (3) calendar day response is required when a referral indicates that:
3. A five (5) working day response is required when a referral indicates an absence of safety concerns. The five (5) day count excludes the date the referral was received.
B. The decision of how quickly to initiate an assessment shall be based on specific reported information that is credible and that indicates whether a child may be unsafe or at risk of harm.
C. If a referral requiring an immediate and/or same day response is received after regular business hours, the time frame for response is immediate and/or up to eight (8) hours.
D. If the caseworker is unable to locate the alleged victim child(ren) within the assigned response time, reasonable efforts shall continue to locate the child according to the original assigned response time.
7.103.7 DIFFERENTIAL RESPONSE [Eff. 1/1/15]
A. County departments interested in participating in Differential Response shall conduct the following:
1. Submit a letter of interest to the State Department;
2. Form a County Differential Response Implementation Committee;
3. Attend Differential Response Training and Coaching Sessions as determined by the State Department;
4. Complete the Readiness Self-Assessment Process;
5. Demonstrate the ability to meet the State Department’s performance expectations on safety and well-being measures; and, 6. Demonstrate county staff understands how to correctly enter information into the state automated case management system.
Upon successful completion of the above efforts, a county may be selected to participate in Differential Response by the Executive Director of the State Department.
B. County departments that implement Differential Response shall utilize the RED Team framework to review referrals, determine response times, and determine the appropriate track assignment in accordance with the approved RED Team process.
1. High Risk Assessment (HRA) is mandatory for a child fatality, near fatality, or egregious incident determined to be the result of abuse and/or neglect, institutional abuse, and intrafamilial sexual abuse. RED Teams may use discretion to assign a High Risk Assessment (HRA) based on the following factors: present danger, multiple previous referrals, and/or presenting case characteristics such as type of alleged maltreatment paired with high vulnerability of the alleged victim.
2. The Family Assessment Response (FAR) is for referrals with low to moderate risk. RED teams may use discretion to assign the Family Assessment Response (FAR) in assessments alleging a child fatality, near fatality, or egregious incident. If it is determined that a child fatality, near fatality or egregious incident is the result of abuse and/or neglect, the track shall be changed to a High Risk Assessment. Institutional abuse or intrafamilial sexual abuse shall not be assigned the Family Assessment Response (FAR).
3. All RED Team decisions shall be approved by a supervisor by the end of the calendar day and documented in the state automated case management system by the end of the next business day.
7.103.8 DUTIES TO REPORTING PARTIES – INFORMATION TO BE PROVIDED [Eff. 1/1/15]
A. Within thirty (30) calendar days of receiving a referral alleging abuse and/or neglect from a mandatory reporter listed in Section 19-1-307(2)(e.5)(I), C.R.S., the county department shall notify such individual when:
1. The county department is aware the individual is and continues to be officially and professionally involved in the ongoing care of the child who was the subject of the referral; and, 2. The mandatory reporter has a need to know in order to fulfill his or her professional and official role in maintaining the child’s safety; and, 3. Unless the county department has actual knowledge that the mandatory reporter continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report, a county department shall request written affirmation from a mandatory reporter stating that the reporter continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report and describing the nature of the involvement.
B. The county department shall notify the mandatory reporter of the following information:
1. The name of the child and the date of the referral;
2. Whether the referral was accepted for assessment;
3. Whether the referral was closed without services;
4. Whether the assessment resulted in services related to the safety of the child;
5. The name of and contact information for the county caseworker responsible for the assessment; and, 6. Notice that the reporting mandatory reporter may request updated information within ninety (90) calendar days after the county department received the referral and information concerning the procedure for obtaining updated information.
7.103.9 DOCUMENTATION REQUIREMENTS – WHEN SUPERVISOR APPROVAL IS
REQUIRED [Eff. 1/1/15] A. All referrals including the information gathered pursuant to Sections 7.103.1 and 7.103.2 shall be entered into the state automated case management system by the end of the next business day following receipt of the referral.
B. The initial review shall be documented in the state automated case management system by the end of the next business day following receipt of the referral. The supervisor is to ensure that the review and the documentation have occurred.
C. The decision to screen out a referral for further action shall be documented in the state automated case management system by the end of the following business day that the decision is made. This shall include an explanation of the reasons why no further action was needed. The determination to screen out a referral for further action must be approved by a supervisor.
D. All RED Team decisions shall be approved by a supervisor by the end of the calendar day and documented in the state automated case management system by the end of the next business day.
7.104 ASSESSMENTS OF INTRAFAMILIAL, INSTITUTIONAL, AND THIRD-PARTY ABUSE AND/OR
NEGLECT REFERRALS [Eff. 1/1/15] A. The assessment shall begin with face-to-face contact with the alleged victim child(ren) and includes, but is not limited to:
1. Face-to-face contact with the primary caregiver;
2. Assessing for safety and taking action to secure safety, if indicated;
3. Assessing risk, needs, and strengths of child(ren) and families; and, 4. Obtaining culturally relevant and appropriate resources for the alleged victim child(ren) and their families.
B. At the point of first contact with the alleged victim child(ren), the assessment shall focus immediately on whether the child is safe, and include the following:
1. To assess for safety, county departments shall consider:
2. If the child is unsafe, the caseworker shall analyze whether a safety plan can reasonably be expected to control current or impending danger while the assessment continues, and if so, develop a safety plan as described in Section 7.107.16. If a safety plan cannot reasonably be expected to control current or impending danger the caseworker shall, if necessary, initiate an out-of-home placement. Section 19-3-401, C.R.S., describes the process of taking children into custody. If the child is unsafe, the safety assessment, safety plan, or decision to initiate an out-of-home placement must be reviewed and approved by a supervisor as soon as possible and at most within twenty-four (24) hours.
3. For county departments implementing Differential Response, in the first sixty (60) calendar days of a Family Assessment Response (FAR), upon supervisory approval, the caseworker may change tracks to a High Risk Assessment (HRA) to assess, attain or maintain child safety due to lack of cooperation or additional information gathered during the assessment, or if requested to do so by the person(s) alleged to be responsible for the abuse and/or neglect.
4. For county departments implementing Differential Response, if at any point the safety cannot be sustained in a Family Assessment Response (FAR), the caseworker, with approval from the supervisor, shall open a case and/or request court orders. If at any point new information is gathered that contains information defined in Section 7.103 a new referral shall be generated.
C. Safety interventions shall be used continuously throughout all assessments. Safety interventions are defined as the actions and decisions required to:
1. Identify and assess threats to child safety;
2. Plan for an unsafe child(ren) to be protected;
3. Facilitate caregivers in taking responsibility for child protection; and, 4. Manage plans designed to assure child safety while a safe and permanent home is established.
D. When determining jurisdiction within open assessments, when there are safety concerns, consider the following:
1. The timeframes and completion of activities within the assessment including response time, completion of the safety and risk assessment, and the assessment closure;
2. Verification of the new residence and documentation of efforts to determine correct jurisdiction;
3. Considerations of distance between reported residence and new residence; and, 4. Assessment completion and the need for further services.
E. When determining jurisdiction within open assessments, when no further safety concerns are identified, the county with the open assessment shall complete the assessment.
7.104.1 INTRAFAMILIAL ABUSE AND/OR NEGLECT ASSESSMENT – TIMING AND
ELEMENTS [Eff. 1/1/15] A. The assessment shall begin as soon as reasonably possible following receipt of the referral according to the assigned response time.
B. The assessment shall be conducted as set forth in Section 19-3-308(2), (3), (4) through 19-3- 308.5, C.R.S., and the following:
1. The assessment shall include an interview, with or observation of the alleged victim child(ren) within the assigned response timeframe, according to the following procedures:
2. The assessment shall include interviews with all children, caregivers, non-custodial parent(s), family members, and other persons identified through the assessment who may have information regarding the alleged abuse and/or neglect to determine:
3. The assessment shall include visiting the alleged victim child(ren)’s place of residence or place of custody if:
4. The assessment shall determine the names and conditions of any children living in the same place as the alleged victim child(ren).
5. The assessment shall include consideration of race/ethnicity, religion, accepted work- related practices of agricultural communities, and accepted child-rearing practices of the culture in which the alleged victim child(ren) participates.
6. The assessment shall include a review of any current and/or prior involvement by any county department with any of the children in the home, the parents, the person alleged to be responsible for the abuse and/or neglect or any person residing in the home. This review shall:
7. The assessment shall include making reasonable efforts to interview and advise the person(s) alleged to be responsible for the abuse and/or neglect of the referral and afford such person(s) an opportunity to respond to the allegations.
8. The assessment shall include use of the Colorado Safety Assessment tool as describe in Section 7.107.1.
9. The assessment shall include use of the Colorado Family Risk Assessment tool as described in Section 7.107.2.
10. The assessment shall include making reasonable efforts to prevent out-of-home placement, unless an emergency exists, and to maintain the family unit. Reasonable efforts include, but are not limited to:
7.104.11 Additional Requirements When Assessing Allegations of Sexual Abuse [Eff. 1/1/15] A. When the assessment involves allegations of sexual abuse, the assessment shall include at a minimum in-state and out-of-state sex offender checks of the person(s) alleged to be responsible for the abuse and/or neglect. The sex offender check shall be conducted using the following:
1. County departments shall use Colorado Courts to check if a person alleged to be responsible for the abuse and/or neglect is a sex offender; or, 2. County departments shall use both the state and national websites to check if a person alleged to be responsible for the abuse and/or neglect is a sex offender; and/or, 3. County departments may check with law enforcement to check if a person alleged to be responsible for the abuse and/or neglect is a sex offender.
B. When conducting any website checks, county departments shall:
1. Use due diligence in following specific check criteria for each website; and, 2. Check for adult felony, misdemeanor, and/or juvenile adjudication records with a sexual offense.
C. County departments shall also:
1. Access or attempt to access government issued (tamper-resistive) photographic identification of the person alleged to be responsible for the abuse and/or neglect and document the full name(s), including nicknames and/or aliases, address(es) and date(s) of birth in the state automated case management system;
2. Access or attempt to access information from the person alleged to be responsible for the abuse and/or neglect on any possible involvement with law enforcement, probation, parole, corrections, community corrections, and/or child welfare services in Colorado, in any other state, and/or jurisdiction that may include federal, military, tribe, and/or country;
3. Immediately report any possible violations of sex offender registration to local law enforcement; and, 4. Report all law enforcement verified matches of sex offenders to the individual, supervising officer/agent or team responsible for community supervision and public safety.
7.104.12 Audio or Video Recording of the Interview or Observation [Eff. 1/1/15]
A. The interview or observation may be audio or video taped except when it is impracticable under the circumstances or will result in trauma to the child, as determined by the county department.
B. If audio or video recording is conducted, the following standards shall be followed:
1. The interview shall be conducted by a competent interviewer, and may occur at a child advocacy center, as defined in Section 19-1-103(19.5), C.R.S., that has a Memorandum of Understanding with the county department responsible for the assessment or by a competent interviewer for the county department.
2. The child shall be advised that audio or video taping of the interview is to be conducted and the advisement shall be documented in the state automated case management system. If the child objects to videotaping of the assessment, such taping shall not be conducted by the county department.
3. If it is the county department's policy to routinely video or audio tape interviews, and an exception is made, the reason for the exception shall be documented in the state automated case management system.
4. If there is a request by any party to the action to view or listen to an audio or video tape, the child and/or the guardian ad litem shall be notified in advance of the request, when possible.
5. Access to these audio or video tapes shall be subject to the rules of discovery and governed by the confidentiality provisions under Section 7.605.
7.104.13 Conclusion of Assessment – Timing, Findings, Services [Eff. 1/1/15]
7.104.131 Timing [Eff. 1/1/15]
A. High Risk Assessments (HRA) or Traditional Response Assessment shall be completed within sixty (60) calendar days of the date the referral was received.
B. The initial assessment phase of a Family Assessment Response (FAR) shall be approved by the supervisor and closed within sixty (60) calendar days from the date the referral was received. Once services are identified or the assessment has reached sixty (60) calendar days, the Family Assessment Response (FAR) is considered to be in the service phase, and a FAR service plan shall have been completed in collaboration with the family that identifies the agreed upon services, the steps to be accomplished in accessing services, by what party, and time frames for implementation.
7.104.132 Findings and Services [Eff. 1/1/15]
A. County departments shall enter a finding of founded, inconclusive or unfounded, as an outcome of all high risk or traditional assessments in the state automated case management system no later than sixty (60) days after the receipt of the referral.
B. County departments may elect to defer entering a founded finding pursuant to Section 19-3- 309.5, C.R.S. If the county department elects to defer entering a finding of founded abuse and/or neglect, the county shall enter into a pre-confirmation agreement known as a safety plan agreement, as authorized pursuant to Section 19-3-309.5, C.R.S, and follow the procedures described in Section 7.108.
C. A finding of “founded” may be made irrespective of whether a person alleged for the abuse and/or neglect was identified. In these circumstances, the person alleged for the abuse and/or neglect is labeled “unknown” in the state automated case management system.
D. In a Family Assessment Response (FAR), no finding shall be made.
E. Prior to closing an assessment, county departments shall refer all victim child(ren) under the age of five (5) to the appropriate state or local agency for developmental screening when the county department makes a finding of founded abuse and/or neglect.
F. County departments may refer any child under the age of five (5) to the appropriate state or local agency for developmental screening in a Family Assessment Response (FAR) or Traditional Response Assessment, if a parent consents and the child presents with needs that might benefit from a developmental screening as determined by the county department.
7.104.14 Documentation Required During Assessment [Eff. 1/1/15]
A. At the time of a new assessment, county departments shall document that a review related to prior involvement as set forth in Section 7.104.1, B, 6, has occurred. This shall be documented in the assessment closure section of the state automated case management system.
B. In assessments involving allegation of sexual abuse, the results of any website or sex offender registry check, and attempts to access other information as set forth in Section 7.104.11 shall be documented in the state automated case management system.
C. In assessments, the full name(s), including nicknames and/or aliases, address(es), and date(s) birth of the person(s) alleged to be responsible for the abuse and/or neglect shall be documented in the state automated case management system.
D. All interactions with the family, including efforts to engage the family and extended family, as part of the assessment shall be documented in the state automated case management system. Any specific evidence gathered, such as electronic media, photographs or videotapes shall be filed in the case record and referenced in the state automated case management system.
E. When an interview or observation of the alleged victim child(ren) is video or audio taped, the required advisement of the child shall be documented.
F. If it is the county department's policy to routinely video or audio tape interviews, and an exception is made, the reason for the exception shall be noted in the state automated case management system.
G. The responses to the Colorado Safety Assessment Tool shall be documented in the state automated case management system and shall identify any safety concerns that are or were observed during the assessment. Documentation is required as soon as possible and no later than fourteen (14) calendar days from the date the alleged victim child(ren) was interviewed or observed.
H. If a Family Assessment Response (FAR) is changed to a High Risk Assessment (HRA), the change shall be made in the state automated case management system and all information entered to date will be transferred.
I. Any reasonable efforts to prevent out-of-home placement shall be documented in the state automated case management system.
7.104.141 Documentation Required at Conclusion of Assessment [Eff. 1/1/15]
A. County departments shall document the completed assessment in the state automated case management system, including completion of the assessment closure summary template, and supervisors shall approve the closure of the assessment. The assessment closure shall include the following:
1. Brief summary of initial concerns and additional concerns uncovered during the assessment;
2. Worker reflection of the history of state and county department records, criminal, Colorado courts, sex offender registries and how the history relates to the current assessment;
3. The concerns identified, the actions that were taken, or protective factors that exist which mitigate the harm, danger or risk;
4. Efforts to engage the family and extended family;
5. For High Risk Assessments (HRA), or traditional response assessments, the facts that support the findings; and, 6. Family and/or agency plan, if applicable.
B. In a HRA or traditional response assessment, county departments shall enter the findings of abuse and/or neglect in the state automated case management system even if there is a criminal or civil proceeding pending against the person found responsible for the abuse and/or neglect arising out of the same incident. The reported data shall include the following:
1. The name, address, gender, date of birth, and race of the victim child(ren);
2. The composition of the victim child(ren)’s immediate family;
3. At a minimum, the name and last known mailing address of the person found to be responsible for the abuse and/or neglect, the date of birth, and Social Security Number, if known;
4. The type of abuse and/or neglect;
5. The severity level of the abuse and/or neglect;
6. Any previous incidents of abuse and/or neglect of the victim child(ren) or siblings;
7. The name(s) and address(es) of any person(s) previously found responsible for abuse and/or neglect, if known;
8. The name of the source of the referral submitted to the county department, if known;
9. The county department that conducted the assessment of the referral; and, 10. The date the referral was made and the date the county department made the finding of founded abuse and/or neglect.
7.104.15 Notice [Eff. 1/1/15]
A. Notice of the outcome of an assessment shall be made as described below. Unless otherwise described below or authorized by law, no other entity shall receive notification.
B. Regardless of the outcome of the assessment and as allowable by law, county departments shall notify:
1. The parent(s), guardian(s), custodian(s), or caregiver(s) of the alleged victim child(ren) of the outcome of the assessments. Non-custodial parent(s) shall also be notified of the outcomes of the assessments unless is not in the best interests of the child(ren);
2. The person alleged to be responsible for the abuse and/or neglect of the outcome of the assessment;
3. The specified mandatory reporting party, identified in Section 7.103.8, B, of the name of the child and the date of the referral; whether the referral was accepted for assessment; whether the referral was closed without services; whether the assessment resulted in services related to the safety of the child; the name of and contact information for the county caseworker responsible for the assessment; and the county procedure for requesting updated information within ninety (90) calendar days after the county department received the referral; and, 4. Where applicable, the local licensing unit, the director or administrator of the facility, the agency with licensing or certifying authority and the State Department, Division of Child Welfare and Division of Early Care and Learning, if the abuse and/or neglect assessment involved a state-licensed or county-certified facility. The referral and assessment may be used for investigations and licensing action where the referral involves a licensed child care provider as defined in the Child Care Licensing Act, Section 26-6-101, C.R.S., et seq.
C. When the assessment results in a finding of founded abuse and/or neglect, county departments shall provide additional notice as described below:
1. County departments shall notify the local law enforcement agency and the District Attorney's Office of a founded report. Any copies of child abuse/neglect reports provided to law enforcement or the District Attorney’s office shall be marked confidential.
2. County departments shall notify the person found responsible for child abuse and/or neglect of the finding by first-class mail to the responsible person's last known mailing address, using a form approved by the State Department. County departments shall retain a copy of the notice in the case file showing the date of mailing. The notice shall include the following information:
7.104.2 INSTITUTIONAL ABUSE AND/OR NEGLECT - GROUNDS FOR ASSESSMENT [Eff.
1/1/15] This section addresses assessments of referrals alleging institutional abuse and/or neglect as defined in Section 7.000.2 except that a referral of a minor injury resulting from physical restraint shall not, by itself, require a full assessment unless there are surrounding circumstances that would indicate abusive and/or neglectful behavior by the care provider. Such circumstances include those referrals in which someone is specifically alleging the behavior to be abusive and/or neglectful and there has been a pattern of frequent injuries by the same caregiver and/or staff or of similar incidents in the same facility.
7.104.21 Agency Responsible for Conducting Institutional Abuse and/or Neglect
Assessment [Eff. 1/1/15] A. The county department in which the facility named in the referral is located shall conduct the assessment. The assessment shall follow the institutional abuse and/or neglect protocol described in Section 7.104.22.
B. The assessment shall be conducted by a qualified and neutral party in those situations in which the county department is the supervisory agency, such as for certified county foster and group homes. Such an assessment shall be arranged for by the responsible county department with either another county department, another agency within the community who accepts delegated responsibility, or a disinterested and qualified staff person within the county department.
7.104.22 Institutional Abuse and/or Neglect Assessment – Timing and Requirements [Eff. 1/1/15] A. The county department conducting the assessment shall assign priority in response time using the criteria set forth in Section 7.103.61.
B. The assessment shall include the following actions:
1. A face-to-face interview with the alleged victim child(ren)according to procedures for interviewing children described in Section 7.104.1 and the following:
2. The assessment shall determine if there are other victim child(ren) not named in the referral and immediately assess the safety of those individuals.
3. The assessment shall obtain the names and addresses of any other alleged victim child(ren) who may no longer be in the facility and interview those individuals, if appropriate.
4. The assessment shall include interviews of witnesses, including children and staff who may have additional information.
5. The assessment shall include making reasonable efforts to interview and advise the person(s) alleged to be responsible for the abuse and/or neglect of the referral and afford such person(s) an opportunity to respond to the allegations.
6. The assessment shall include obtaining a detailed description of the incident and of the injuries and an assessment of the appropriateness of physical management or restraint if this was involved.
7.104.23 Documentation – Report Required [Eff. 1/1/15]
A. A written report of the assessment documented in the state automated case management system shall be prepared by the county department that conducted the assessment within sixty (60) calendar days after receipt of the referral.
B. A report shall be provided as described below:
1. A written report shall be provided to the facility administrator/director.
2. A written report shall be provided to the agency with licensing/certifying authority.
3. The Institutional Abuse Review Team, Early Childhood and Learning Division, and the State Department’s Twenty-Four (24) Hour Monitoring Team, when the incident involves a twenty-four (24) hour care facility shall be provided a report through the state automated case management system.
4. The same custodial counties as required in Section 7.104.24 shall be provided a report through the state automated case management system.
C. The report shall include, at a minimum, the following information:
1. Name(s) of person(s) alleged to be responsible for the abuse and/or neglect;
2. The name(s), age(s), and duration of the alleged victim child(ren)’s placement in the facility being assessed;
3. The name of the facility and the county in which it is located;
4. The name of director/administrator of the facility;
5. The approximate number of children served by the facility;
6. The age range of children served by the facility and type of children served (e.g., child with developmental disabilities);
7. A summary of activities involved in the assessment, including a list of the individuals interviewed;
8. A summary of findings or conclusions, including the information on which the findings or conclusions are based; and, 9. A summary of the recommendations and/or need for an identified corrective or remedial action.
7.104.24 Notice [Eff. 1/1/15]
A. The following individuals shall receive notice:
1. The licensing authority or certifying unit shall be notified that a referral concerning abuse and/or neglect has been received within one (1) working day after receipt of the referral.
2. The licensing authority or certifying unit shall be notified if the assessment indicates there is an immediate threat to the child(ren)'s health, safety, or welfare within one (1) working day of such determination.
3. Custodial agencies, including county departments, other states, and appropriate divisions of the State Department shall be notified as follows:
4. Parents or legal guardians of alleged child(ren) victim(s) shall be notified as follows:
5. Parents or legal guardians of uninvolved children in less than twenty-four (24) hour licensed child care settings shall be given notice of an assessment within seventy-two
6. The director of the facility shall be:
7.104.3 THIRD-PARTY ABUSE AND/OR NEGLECT – GROUNDS FOR ASSESSMENT [Eff.
1/1/15] This section addresses assessments of referrals alleging abuse and/or neglect by a third-party, as defined in Section 7.000.2, who is not related to the alleged victim child(ren) in the contexts described in the previous sections addressing intrafamilial and institutional abuse and/or neglect.
7.104.31 Third-Party Abuse and/or Neglect Assessment – Timing and Requirements [Eff. 1/1/15] A. When the referral alleges abuse and/or neglect by a third-party ten (10) years of age or older, the county department shall immediately forward the referral to the appropriate law enforcement agency for screening and investigation.
B. When the referral alleges the abuse and/or neglect by a child under ten (10) years of age, county departments shall be the agency responsible for the assessment. The assessment shall focus on:
1. Whether or not the incident occurred;
2. The entire situation including the actions or omissions of adults who are responsible for care of the children involved; and, 3. Any interventions that may be necessary to secure safety and address treatment needs.
C. If a county department reasonably believes that the protection and safety of a child is at risk due to an act or omission on the part of the persons responsible for the child’s care, the county department shall make a referral concerning intrafamilial abuse and/or neglect.
7.104.32 Documentation – Report from Law Enforcement [Eff. 1/1/15]
County departments shall attempt to obtain a copy of the report summarizing any investigation that was conducted by law enforcement. If the report is obtained, it shall be the basis upon which the county department enters a founded finding of abuse and/or neglect into the state automated case management system.
7.105 (None)
7.106 ADDITIONAL CATEGORIES OF ASSESSMENTS [Eff. 1/1/15]
7.106.1 EGREGIOUS INCIDENTS OF ABUSE AND/OR NEGLECT, NEAR FATALITIES, OR
CHILD FATALITIES [Eff. 1/1/15] The requirements of this section address assessments of referrals of an incident of suspected abuse and/or neglect involving any of the following circumstances:
A. Significant violence, torture, use of cruel restraints, or other similar, aggravated circumstance;
B. A child has died; or, C. A physician has determined that a child is in serious, critical, or life-threatening condition as a result of sickness or injury.
7.106.11 Assessment Procedures – Timing and Requirements [Eff. 1/1/15]
A. County departments shall conduct a High Risk Assessment (HRA), or traditional response assessment of egregious incidents of abuse and/or neglect, a near fatality, or a child fatality in intrafamilial and institutional settings in those cases in which:
1. There is reason to know or suspect that abuse and/or neglect caused or contributed to the incident; or, 2. The cause of the incident is unknown or the information given is not consistent with the degree or type of injury and/or subsequent death.
B. County departments shall:
1. Coordinate with the following agencies to ensure prompt notification of an incident of egregious abuse and/or neglect, near fatality, or fatality of a child, which is suspicious for abuse and/or neglect:
2. Coordinate the assessment with law enforcement. At a minimum in cases in which there are no surviving children, county departments shall provide law enforcement and the coroner with information related to any prior involvement with the child, the family, or the person alleged to be responsible for the abuse and/or neglect.
3. Assess the condition of any surviving child(ren) and take action necessary to ensure their protection by:
7.106.121 Additional Actions When County Department has had Prior/Current Involvement [Eff. 1/1/15] A. When a county department has custody of the child and/or protective supervision, it shall immediately take the following actions:
1. Notify the parents, guardians, and/or legal custodians of the incident. If the parents, guardians, and/or legal custodians reside in another county or state, the county department shall coordinate with the county department of residence for the parents, guardians, and/or legal custodians to provide personal notification, whenever possible.
2. Notify the director of the county department of the incident. The county director shall also be immediately notified if the department has had prior child welfare involvement within the last three (3) years that was directly related to the egregious incident of abuse and/or neglect, near fatality or fatality to include referrals that have been screened out. A complete copy of the child's case record shall be made available to the director of the county department.
3. Notify the court, the attorney for the county department, and the Guardian Ad Litem (when one has been assigned) of the incident involving any child who is under the court's jurisdiction.
B. Upon notification of an egregious incident of abuse and/or neglect, near fatality or fatality in which the county department has had prior child welfare involvement within the last three (3) years with the child, family, or person alleged to be responsible for abuse and/or neglect, the director of the county department shall take the following actions:
1. Designate an individual(s) who will be responsible for assessing the egregious incident of abuse and/or neglect, near fatality or fatality. The assigned individual(s) shall not have had prior involvement with the family during a referral, assessment, case or other services with the county department. In the event of a conflict of interest, the county department shall arrange for the assessment to be conducted by another county department with personnel having appropriate training and skill.
2. Ensure that the county department conducts a complete internal administrative review of any child welfare involvement in the case prior to the egregious incident of abuse and/or neglect, near fatality or fatality. This review shall be referred to as the county department’s internal review and shall be completed whenever the county department has had current or prior involvement with the child, family or person alleged to be responsible for the abuse and/or neglect, within the last three (3) years. The review shall include, at a minimum:
3. Submit a written report of the county department’s internal review within sixty (60) calendar days of the initial notification of the egregious incident of abuse and/or neglect, near fatality or fatality to the State Department.
C. If another county department also has current and/or prior involvement with the child, family or person alleged to be responsible for the abuse and/or neglect within the three (3) year period of the incident of egregious abuse and/or neglect, near fatality or fatality (including referrals that were screened out), the State Department shall decide whether a county department internal review report will be required.
7.106.13 Reporting to the State [Eff. 1/1/15]
A. Within twenty-four (24) hours (excluding weekends and holidays) of a county department becoming aware of an egregious incident of abuse and/or neglect, or near fatality or fatality of any child, which is suspicious for abuse and/or neglect, the county department shall call or email the following known information to the State Department which shall also be documented on the state prescribed form:
1. Name and age of victim;
2. The referral identification number generated by the state automated case management system;
3. Known circumstances around the egregious incident of abuse and/or neglect, near fatality or fatality;
4. A description of physical injuries or medical condition of the child(ren) at the time of receipt of the information;
5. The names and ages of surviving or non-injured child(ren) who may be at risk;
6. A brief description of family/caregiver’s prior involvement with child welfare, if any;
7. The actions taken by the county department to date and future actions to be taken;
8. The involvement of other professionals in the case;
9. Whether the child was in out-of-home placement at the time of the incident; and, 10. For fatal incidents, the county shall enter the child’s date of death in the state automated case management system.
B. Upon notification of an egregious incident of abuse and/or neglect, near fatality or fatality, the county department shall take the required steps to restrict access to the state automated case management system to the current assessment of the egregious incident of abuse and/or neglect, near fatality or fatality, and any prior involvement in the state automated case management system regarding this child, the child’s family members, and the person(s) suspected of the abuse and/or neglect. Access shall remain restricted until the conclusion of the state child fatality review, at such time the county department shall determine whether the records shall be unrestricted.
C. The county department shall provide the following information to the State Department within sixty (60) calendar days of the initial notification of the egregious incident of abuse and/or neglect, near fatality or fatality, to the extent possible, and no longer than sixty (60) calendar days without a written request from the county department for an extension and subsequent State Department approval granting an extension:
1. The completed referral/assessment summary in the state automated case management system;
2. Copies of any pertinent social, medical, and mental health evaluations of all involved subjects (child(ren), family, caregivers, etc.);
3. Coroner's records, including autopsy report;
4. Police reports of present investigation as well as any prior criminal history of all subjects;
5. A copy of any of the case record not obtainable in the state automated case management system;
6. When applicable, a written report of the county department internal review;
7. A statement of any human services and Medicaid assistance or services that were being provided to the child and are recorded in the state automated case management system, the Colorado Benefits Management System, or the Colorado child care automated tracking system, any member of the child’s family, or the person alleged to be responsible for the abuse and/or neglect; and, 8. The age, income level, and education of the legal caregiver at the time of the fatality.
7.106.14 State Review of an Incident of Egregious Abuse or Neglect, Near Fatality or Fatality of a Child [Eff. 1/1/15] When a county department becomes aware that an incident of egregious abuse and/or neglect, near fatality or fatality of a child has occurred, which is suspicious for a child abuse and/or neglect, the county department shall submit reports for review by the State Department in accordance with Section 7.106 of this rule, and cooperate with the State Department’s review. The State Department shall conduct a multidisciplinary review of such cases, where the county was involved in the three years prior to the incident of egregious abuse and/or neglect, near fatality, or fatality. The State Department Child Fatality Review shall occur within thirty (30) days of the State Department receiving all required and relevant reports and information critical to an effective fatality review. These reviews shall include:
A. The circumstances around the incident of egregious abuse or neglect against a child, near fatality, or child fatality;
B. The services provided to the child, the child's family, and the perpetrator by the county department for any county with which the family has had previous involvement, as defined in paragraph (c) of subsection (2) of this section, within three years prior to the incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect;
C. The county department's compliance with statutes, regulations, and relevant policies and procedures that are directly related to the incident of egregious abuse or neglect against a child, near fatality, or fatality;
D. Identification of strengths and best practices of service delivery to the child and the child's family;
E. Consideration of factors that may have contributed to conditions leading to the incident of egregious abuse or neglect against a child, near fatality, or fatality, including, but not limited to, lack of or unsafe housing, family and social supports, educational life, physical health, emotional and psychological health, and other safety, crisis, and cultural or ethnic issues;
F. The supports and services provided to siblings, family members, and agency staff after the incident of egregious abuse or neglect against a child, near fatality, or fatality; and, G. The quality and sufficiency of coordination between state and local agencies.
7.106.15 CASE SPECIFIC REVIEW REPORT [Eff. 1/1/15]
The Department will author confidential and non-confidential case specific review reports in accordance with Section 26-1-139, C.R.S. As part of this process, the Department shall request a response to the case specific review report from any county having previous involvement with the family as defined in Section 26-1-139(2)(c), C.R.S., and include the response(s) in the final confidential and non-confidential report.
7.106.16 CHILD FATALITY REVIEW TEAM ANNUAL REPORT [Eff. 1/1/15]
By July 1 of each year, the Department will author an annual Child Fatality Review Team report. It shall contain the following information:
A. Policy recommendations based on the collection of reviews required by Section 26-1-139(5)(a), C.R.S.
B. Status of recommendations made in prior case specific, executive summary reports. This shall include all recommendations from publicly posted reports from the most recent, complete calendar year and all recommendations from prior years that were not completed at the time of the last annual report.
C. Aggregate demographic data. This may include, but not be limited to, data such as age of children at the time of the incident, race/ethnicity of the children, relationship of the perpetrator to the child, and other factors determined to be of importance.
D. A summary of review findings from reports completed on incidents from the most recent complete calendar year.
E. Joint recommendations made with the Colorado Department of Public Health and Environment's Child Fatality Prevention System as required by Section 25-20.5-407(1)(i), C.R.S.
7.106.2 MEDICAL NEGLECT OF INFANTS AND TODDLERS WITH DISABILITIES –
GROUNDS FOR ASSESSMENT [Eff. 1/1/15] The requirements of this section address assessments of referrals of medical neglect involving:
A. Infants less than one (1) year of age who were born with a life-threatening condition and who may have additional non-lethal physical or mental disabilities; or, B. Toddlers under three (3) years of age who have been continuously hospitalized since birth, who were born extremely premature, or who have a long-term disability.
7.106.21 Agency Responsible for Conducting the Assessment [Eff. 1/1/15]
A. The county department responsible for conducting the assessment of a referral of medical neglect shall be the county in which the caregivers of the hospitalized infant reside.
B. If the caregivers’ residence cannot be determined, the county department in which the hospital is located shall be responsible for conducting the assessment.
7.106.22 Assessment Procedures – Timing and Requirements [Eff. 1/1/15]
County departments shall:
A. Work with medical organizations, hospitals, and health care facilities to implement procedures that ensure a timely response and resolution of referrals of medical neglect;
B. Obtain all relevant medical data concerning the child. County departments shall seek a court order to obtain records if the request for such material is refused;
C. Coordinate with any existing hospital review committees, which may have evaluated and recommended treatment in the case under assessment;
D. If, after assessing the medical neglect referral, there are indications that the referral of medical neglect may be founded, the county department shall interview the parent(s); and, E. Refer the matter to the local law enforcement agency in cases in which the infant has died before the assessment is completed and the county department has reason to suspect withholding of medically indicated treatment. The matter shall be referred to the law enforcement agency in the location where the child died. However, if it is determined that treatment was not medically indicated, or that medically-indicated treatment had not been withheld, then the report shall be deemed unfounded.
7.106.23 Medical Decisions Regarding Infants and Toddlers [Eff. 1/1/15]
A. County department staff shall make no medical decisions regarding infants and toddlers and shall seek an independent medical consultation when indicated.
B. If the parent(s) wish to seek a second medical opinion, the county department shall provide referral assistance.
C. If the county department finds that an independent medical evaluation is necessary to determine the infant or toddler's medical prognosis, the county department shall recommend to the parent(s) that an independent medical evaluation be done.
D. If the county department determines that medically-indicated treatment or palliative care is being or will be withheld; and:
1. The infant or toddler's condition requires an urgent response, or, 2. Efforts by the county department or hospital personnel to obtain parental consent to treatment would be futile or already have failed, then the matter shall be brought to court under a petition. The petition may include a request to place temporary custody of the child with the county department to ensure proper medical treatment is provided. The county department shall immediately secure a court order if indicated.
7.106.3 ASSESSMENT OF MEDICAL NEGLECT IN WHICH RELIGIOUS CONSIDERATIONS
ARE INVOLVED - GROUNDS FOR ASSESSMENT [Eff. 1/1/15] County departments shall assess cases of medical neglect including those cases in which there is a failure to provide medical treatment based upon the parent's, guardian's, or custodian's religious beliefs and there is concern that such failure will result in a threat to child’s health and welfare.
7.106.31 Assessment Procedures – Timing and Requirements [Eff. 1/1/15]
The assessment shall be conducted as described below:
A. The county department shall obtain a medical evaluation if the child’s condition presents substantial concern for the child’s health and welfare. This evaluation shall be obtained with the consent of the parents, guardians, or legal custodians. If such consent is refused, the county department shall seek a court order to obtain medical evaluation;
B. The county department shall consult with medical practitioners and consider whether the child’s condition is life-threatening or will result in serious disability without professional medical care; and, C. If the child's condition is determined to be life-threatening or could result in serious physical impairment or serious disability without professional medical care, the county department shall seek a court order authorizing the provision of the necessary medical care in the event that such care is refused by the parent, guardian, or legal custodian. The county department may, but is not required to, seek temporary custody of the child in order to obtain judicial authorization for treatment.
7.106.32 Spiritual Healing Considerations [Eff. 1/1/15]
If spiritual healing is involved, the county department shall follow the guidelines defined in Section 19-3- 103(2)(a), (b), C.R.S., to decide whether the method is a “recognized” method of religious healing and whether such healing is considered to be medically effective for the child's condition.
7.106.33 Impact of Parental Interference on Findings [Eff. 1/1/15]
A. If a parent, guardian, legal custodian, or caregiver inhibits or interferes with the provision of medical evaluation or treatment according to a court order, that act would constitute neglect and in such circumstances a referral shall be made to law enforcement and the county department may file a dependency and neglect petition.
B. For purposes of entering founded findings of abuse and/or neglect into the state automated case management system, reporting to police for criminal investigation, and filing of dependency and neglect petitions, no child who is under treatment by a recognized method of religious healing shall, for that reason alone, be considered to have been neglected and dependent unless the child's parent, legal guardian, custodian, or caregiver inhibits or interferes with the provision of medical services according to court-ordered medical evaluation or treatment.
7.107 INSTRUMENTS, TOOLS, AND INTERVIEW PROCEDURES [Eff. 1/1/15]
The following instruments, tools, and procedures are intended to assist county departments in making informed and reliable decisions.
7.107.1 COLORADO SAFETY ASSESSMENT TOOL [Rev. eff. 7/10/15]
There shall be a transition period for completion of training and access to the new Colorado Safety Assessment Tool in the state automated case management system. All county child welfare case carrying staff and supervisors performing High Risk Assessments (HRA) or Traditional Response Assessment or Family Assessment Response shall be trained and have access to the new tool by January 1, 2017. All other child welfare case carrying staff and supervisors shall be trained and have access to the new tool by January 1, 2017.
7.107.11 Parameters for Use of the Colorado Safety Assessment Tool [Eff. 1/1/15] The Colorado Family Safety Assessment shall be completed:
A. At the time of initial response with the family;
B. If the family is not available at the time of initial response, the Colorado Family Safety Assessment shall be completed based on the information available and based on the interview or observation of the alleged victim child(ren). As soon as the family is available, an additional Colorado Family Safety Assessment shall be completed with the family;
C. As part of an assessment, including assessments of new allegations of abuse and/or neglect in open child welfare services cases;
D. Prior to end-dating a safety plan to determine whether or not the safety concerns still exist, if the safety plan is controlling for safety, and/or if the family is in need of additional services;
E. Whenever there is a significant change in family circumstances or situations that might pose a new or renewed threat to child safety;
F. Prior to reunification;
G. Prior to supervisory approval for closing services; and, H. In all Program Area 5 referrals being assessed, except:
1. Institutional abuse assessments, as described in Section 7.104.22;
2. Fatality assessments when there are no surviving siblings; or, 3. When caregivers have abandoned the child.
7.107.12 Safety Threshold [Eff. 1/1/15]
The following criteria must be present to determine that a present or impending danger exists. Meeting these criteria indicates that the family’s behavior, condition or situation threatens the safety of a child:
A. The threat to child safety is specific and observable;
B. Conditions reasonably could result in moderate to severe harm to a child;
C. This harm is likely to occur if not resolved;
D. A child is vulnerable to the threat of harm due to his/her age, verbal abilities, diagnosed medical conditions, diagnosed mental health conditions, diagnosed developmental delays, diagnosed developmental disabilities, limited physical capacities, and/or professional observation; and, E. The caregiver(s) is unable or unwilling to control conditions and behaviors that threaten child safety.
7.107.13 Standardized Safety Concerns [Eff. 1/1/15]
A. The county department shall assess for child safety using the ten (10) standardized current or impending dangers. The ten standardized current or impending dangers are as follows:
1. Caregiver(s) substance use impacts ability to supervise, protect, and/or care for the child/youth.
2. Caregiver(s) is unwilling or unable to meet the child/youth’s immediate needs for food, clothing, and shelter.
3. Caregiver(s) is unwilling or unable to meet the child/youth’s significant medical or mental health care needs.
4. Caregiver(s) is unwilling or unable to take protective action in response to child/youth’s inflicted or credible threat of moderate to severe harm to self.
5. Intimate partner violence exists in the home and places child in danger of physical and/or emotional harm.
6. The living situation is physically hazardous and/or immediately threatening to the child/youth’s health or safety based on the child’s age or development.
7. Caregiver(s) does not provide supervision necessary to protect the child/youth, based on the child/youth’s age or development.
8. Moderate to severe physical injury caused by the caregiver(s) or adult household member.
9. Child/youth is in present danger of harm due to suspected or confirmed sexual abuse.
10. The caregiver(s) refuses access to the child or there is reason to believe the family will flee based on current concerns.
B. The list of current or impending danger definitions shall be referenced when assessing threats to child safety and prior to checking current or impending dangers in the Colorado Safety Assessment Tool.
7.107.14 Safety Assessment Conclusion [Eff. 1/1/15]
A. If none of the ten (10) present or impending dangers referenced in Section 7.107.13 are identified at the conclusion of the safety assessment process, then it is reasonable to conclude that the child is safe and no further safety intervention is required.
B. If assessment of the child and family determines that the child is safe and emergency out-of- home placement occurred prior to the completion of the safety assessment, efforts should be made to return responsibility for the child’s safety back to the caregiver(s).
C. If assessment of the child and family determines that the child is unsafe, analysis and planning are necessary.
D. The caregiver strengths and protective capacity shall be assessed using the following criteria to determine whether a caregiver has the capacity and willingness to assure the child’s protection and, if so, no further safety intervention is necessary:
1. Caregiver(s) has realistic expectation of the child/youth;
2. Caregiver(s) provides for child/youth’s basic needs;
3. There is evidence of a supportive relationship between caregiver and child/youth;
4. Caregiver(s) has demonstrated effective problem solving;
5. Caregiver(s)’ explanation is consistent with child/youth’s injury or circumstances;
6. Caregiver(s) has supportive relationships with three (3) or more persons;
7. Caregiver(s) has demonstrated use of identified supportive relationships in providing safety and protection for the child/youth;
8. Child/youth has the cognitive, physical, and emotional capacity to actively participate in safety interventions;
9. Caregiver(s) is able and willing to actively participate in creating and carrying out a plan to protect the child/youth;
10. Caregiver(s) is able and willing to use resources necessary to create safety;
11. Caregiver(s) has exhibited the ability to put the child/youth’s safety ahead of his/her own needs and wants;
12. Relevant community services or resources are immediately available;
13. Other documented strengths and protective capacities; and, 14. Other.
7.107.15 Safety Intervention Analysis [Eff. 1/1/15]
To determine whether an in-home safety plan can sufficiently manage the current or impending dangers, document how the following are met in the state automated case management system:
A. The home environment is stable enough to support an in-home safety plan;
B. Caregivers and support persons are able, willing, and available to assist in the development and implementation of an in-home safety plan and adult(s) other than the alleged person responsible for the danger to the child/youth are responsible for the implementation of the plan; and, C. Resources are accessible at the level necessary to control all identified danger to the child/youth.
7.107.16 Safety Planning [Eff. 1/1/15]
A. A safety plan shall be developed for all children in current or impending danger if an in-home safety plan can reasonably be expected to control for all identified dangers. All children in the household assessed to be in current or impending danger shall be included in one plan.
B. Safety plans shall include the following:
1. Safety responses that are the least restrictive to ensure safety;
2. Safety responses that have an immediate impact on controlling for identified current or impending dangers;
3. Description of actions to be taken that address each specific current or impending danger, including frequency of each action and who is responsible for each action;
4. Safety response(s) that are readily accessible at the level required to ensure safety;
5. Identification of each family member and safety management provider participating in the plan;
6. Parental acknowledgement of current or impending dangers and a willingness to participate in the safety plan; and, 7. Caseworker activities to oversee the safety plan.
C. Parents, caregivers, and others who are a part of a safety plan shall sign the safety plan and receive a copy and the signatures and paper form shall be retained in the file.
D. Safety plans do not have to be developed if the safety analysis results in a decision that out-of home placement is the only plan that is sufficient to control for all identified current or impending dangers.
7.107.17 Documentation [Eff. 1/1/15]
A. The responses to the Colorado Safety Assessment Tool shall be documented in the state automated case management system and shall identify any safety concerns that are or were present during the assessment. Documentation is required as soon as possible and no later than (14) calendar days from the date the alleged victim child(ren) was interviewed or observed.
B. Safety plans shall be documented in the state automated case management system within fourteen (14) calendar days from the date the alleged victim child(ren) was interviewed or observed.
7.107.2 COLORADO FAMILY RISK ASSESSMENT TOOL [Rev. eff. 7/10/15]
There shall be a transition period for completion of training and access to the new Colorado Family Risk Assessment Tool in the state automated case management system. All county child welfare case carrying staff and supervisors performing High Risk Assessments (HRA) or Traditional Response Assessment or Family Assessment Response shall be trained and have access to the new tool by January 1, 2017. All other child welfare case carrying staff and supervisors shall be trained and have access to the new tool by January 1, 2017.
7.107.21 Parameters for Use of the Colorado Family Risk Assessment Tool [Eff. 1/1/15] A. The Colorado Risk Assessment Tool shall be completed:
1. With the familiy;
2. As part of any Program Area 5 assessment, except:
3. Whenever there is a significant change in family circumstances or situations that might pose a new or renewed threat to child safety;
4. Prior to reunification; and, 5. Prior to supervisory approval for closing services.
B. The Colorado Risk Assessment Tool shall be used to:
1. Determine risk for future abuse and/or neglect;
2. Aid in determining if services should be provided; and, 3. Aid in determining the appropriate level of services.
7.107.22 Procedures for Completing the Colorado Family Risk Assessment Tool [Eff. 1/1/15] The Colorado Risk Assessment Tool shall be completed with the family, and shall address the following factors:
A. Current type of allegation;
B. Previous child welfare assessments, services, and placement;
C. Number of children in household;
D. Age of youngest child in household;
E. Age of primary caregiver;
F. Primary caregiver’s provision of physical care or supervision;
G. Caregiver(s)’ use of alcohol and controlled substances;
H. Characteristics of children in the household, including mental health, behavioral problems, and physical or developmental disabilities;
I. Recent or historical domestic violence in the household;
J. Caregiver(s)’ history of homelessness;
K. Caregiver(s)’ history of mental health treatment;
L. Primary caregiver’s history of abuse, neglect and/or placement in protective services; and M. Caregiver(s)’ involvement in disruptive or volatile adult relationships.
7.107.23 Risk Analysis [Eff. 1/1/15]
If the risk assessment score is high, the county shall hold a family engagement meeting to discuss next steps with the family.
7.107.24 Timing and Documentation [Eff. 1/1/15]
A. The completed Colorado Family Risk Assessment shall be documented in the state automated case management system within thirty (30) calendar days from the date the referral was received.
B. Family Engagement Meetings shall be documented in the framework in the state automated case management system.
C. If the county department decides to close the assessment with a high risk score, the county department shall document the reasons for closure.
7.107.3 YOUTH SAFETY ASSESSMENT TOOL (Reserved for Future Use)
7.108 DEFERRAL PROCESS – WHEN PERMITTED [Eff. 1/1/15]
A. County departments may follow the deferral process in the following circumstances:
1. When the person has had no previous allegations of abuse and/or neglect assessed;
2. When the abuse and/or neglect that the person is found to be responsible for is at the level of minor incident of abuse and/or neglect, pursuant to Section 7.000.2;
3. When the person found to be responsible for the abuse and/or neglect and the county department decide on a mutually agreeable method for resolving the issues related to the referral; and, 4. When the requirements set forth in the agreement for resolving the issues related to the referral of abuse and/or neglect can be completed within sixty (60) calendar days after the receipt of the referral.
B. County departments are not obligated to enter into any agreements to defer entering a finding of founded abuse and/or neglect into the state automated case management system.
C. The agreement shall be in writing and signed by the caseworker and the person found to be responsible for the abuse and/or neglect, and reviewed by the supervisor.
D. Upon deciding to enter into the deferral process, the county department shall document the decision in the state automated case management system.
7.108.1 DEFERRAL PROCESS COMPLETED [Eff. 1/1/15]
If the person who is found to be responsible for the abuse and/or neglect completes the agreement, as determined by the county department, the county department shall make an individual finding of “deferred” with an overall finding of founded into the state automated case management system regarding the referral of abuse and/or neglect related to the assessed incident.
7.108.2 DEFERRAL PROCESS NOT COMPLETED [Eff. 1/1/15]
If the person who is found to be responsible for the abuse and/or neglect does not complete the agreement, as determined by the county department, the county department shall make an entry for the individual and overall finding of “founded” into the state automated case management system regarding abuse and/or neglect related to the assessed incident.
7.109 ENTERING FOUNDED FINDINGS REPORTS OF CHILD ABUSE OR NEGLECT [Eff. 1/1/15]
In a High Risk Assessment or non-dual track counties, the county department shall enter the founded finding even if there is a criminal or civil proceeding pending against the person responsible arising out of the same incident. The reported data shall include the following:
A. The name, address, gender, date of birth, and race of the child(ren) victim(s);
B. The composition of the victim’s immediate family;
C. At a minimum, the name and last known mailing address of the person found to be responsible for the child abuse or neglect, and the date of birth and Social Security Number, if known;
D. The type of abuse or neglect;
E. The severity of the abuse or neglect;
F. Any previous incidents of child abuse or neglect of child or siblings;
G. The name(s) and address(es) of any person(s) responsible for previously founded abuse or neglect, if known;
H. The name of the source of the referral submitted to the county department, if known;
I. The county department that investigated the referral; and, J. The date the suspected abuse or neglect referral was made to the county department and the date the county department made a founded finding of the abuse or neglect.
7.110 NOTICE TO THE PERSON FOUND TO BE RESPONSIBLE FOR CHILD ABUSE OR NEGLECT
[Eff. 1/1/15] A. The county department shall notify the person found responsible for child abuse or neglect of the finding by first-class mail to the responsible person's last known mailing address, using a form approved by the State Department. The county department shall retain a copy of the notice in the case file showing the date of mailing.
B. At a minimum, the notice shall include the following information:
1. The type and severity level of the abuse or neglect, the date the referral was made to the county department, which county department completed the assessment, the date the county made the finding in the state automated case management system, and information concerning persons or agencies that have access to the information.
2. The circumstances under which information contained in the state automated case management system will be provided to other individuals or agencies.
3. How to access the county’s dispute resolution process. Counties are authorized to offer a county dispute resolution process to persons alleged to be responsible for an incident of child abuse or neglect.
4. The right of the person found responsible to request a state level appeal as set forth in Section 7.111. The county shall provide the State Department approved appeal form to the person.
5. Notice that the scope of the appeal is limited to challenges that the finding(s) are not supported by a preponderance of the evidence or that the actions found to be child abuse or neglect do not meet the legal definitions of child abuse or neglect. The State Department will be responsible for defending the determination at the State level fair hearing.
6. A full explanation of all alternatives and deadlines contained in Sections 7.111 through 7.112.
7.111 STATE LEVEL APPEAL PROCESS [Eff. 1/1/15]
A. Persons found responsible for an incident of child abuse or neglect by the county department shall have the right to a state level appeal to contest the finding. The request for appeal of the decision shall first be submitted to the State Department unit designated to handle such appeals. If the State Department and the Appellant are unable or unwilling to resolve the appeal in accordance with the provisions set forth below in this section, the State Department shall forward the appeal to the Office of Administrative Courts (OAC) to proceed to a fair hearing before an Administrative Law Judge (ALJ).
B. The grounds for appeal shall consist of the following:
1. The findings are not supported by a preponderance of credible evidence; or, 2. The actions ultimately found to be abusive or neglectful do not meet the statutory or regulatory definitions of child abuse or neglect.
C. The person found to be responsible for child abuse or neglect shall have ninety (90) calendar days from the date of the notice of founded finding to appeal the finding in writing to the State Department. The written appeal shall be submitted on the State approved form provided by the county and shall include:
1. The contact information for the Appellant;
2. A statement detailing the basis for the appeal; and, 3. The county department notice of finding of responsibility for child abuse or neglect.
D. The state level appeal process must be initiated by the person responsible for child abuse or neglect or his/her legal representative. The Appellant need not hire an attorney to appeal the county determination. If the individual is a minor child, the appeal may be initiated by his/her parents, legal custodian, or legal representative.
E. The appeal must be submitted to the State Department within ninety (90) calendar days of the date of the notice of founded finding. If the appeal is filed more than ninety (90) calendar days from the date of the notice of founded finding, the Appellant must show good cause for not appealing within the prescribed period as set forth in Section 7.000.2, A. Failure to request State review within this ninety-day (90) period without good cause shall be grounds for the State Department to not accept the appeal.
F. The founded finding shall be utilized for safety and risk assessment, employment, and background screening by the State Department while the administrative appeal process is pending.
G. The Appellant shall have the right to appeal even if a dependency and neglect action or a criminal prosecution for child abuse is pending arising out of the same report. The State Department shall hold in abeyance the administrative process pending the outcome of the dependency and neglect or criminal action if requested by the Appellant or if the State Department determines that awaiting the outcome of the court case is in the best interest of the parties. If the Appellant objects to the continuance, the continuance shall not exceed one hundred eighty (180) days without the Appellant having the opportunity to seek review of the extended continuance by an Administrative Law Judge. The pendency of other court proceeding(s) shall be considered to be good cause to continue the appeal past the one hundred eighty (180) day timeframe.
H. The following circumstances shall be considered to be admissions to the factual basis of the finding of responsibility for child abuse or neglect entered into the state automated case management system and shall be considered to be conclusive evidence of the person’s responsibility for child abuse or neglect to support a motion for summary judgment submitted to the Office of Administrative Courts:
1. When a Dependency and Neglect Petition has been adjudicated against or a deferred adjudication entered against the Appellant on the basis of Sections 19-3-103 or 19-3-102 (1)(a), (b), or (c), C.R.S., arising out of the same factual basis as the founded finding in the state automated case management system;
2. The Appellant has been found guilty of child abuse, or has pled guilty or nolo contendere to child abuse as part of any plea agreement including, but not limited to, a deferred judgment agreement, arising out of the same factual basis as the founded finding in the state automated case management system; or, 3. The Appellant has been found guilty or has pled guilty or nolo contendere to a domestic violence related or alcohol traffic related offense arising out of the same factual basis as the founded report in the state automated case management system.
I. When an Appellant requests an appeal, the State Department shall request the records relied upon in making the finding from the county department responsible for entering the finding, which has been appealed. The county department shall submit the record to the State Department as soon as practicable within the time frame requested by the Department.
J. After the Appellant requests an appeal, the State Department shall inform the Appellant regarding the details of the appeal process, including timeframes and contact information.
1. The Appellant, as the party in interest, shall have access to the county record in order to proceed with the appeal. Appellant’s use of the county file for any other purpose is prohibited unless otherwise authorized by law.
2. Prior to providing access to the Appellant, the State Department shall redact identifying information contained in the county file to comply with state and federal law regarding the confidentiality of child abuse or neglect records or other protected information including, but not limited to, reporting party name(s) and addresses, Social Security Number, foster parent identifying information, and information pertaining to other parties in the case that the appellant does not have a legal right to access.
K. The State Department is authorized to enter into settlement negotiations with the Appellant as part of the litigation process. The State Department is authorized to enter into settlement agreements that modify, overturn or expunge the reports as reflected in the state portion of the state automated case management system. The State Department is not authorized to make any changes in the county portion of the state automated case management system. In exercising its discretion, the State Department shall take into consideration the best interests of children, the weight of the evidence, the severity of the abuse or neglect, any pattern of abuse or neglect reflected in the record, the results of any local court processes, the rehabilitation of the Appellant, and any other pertinent information.
L. The State Department and the Appellant shall have one hundred twenty (120) days from the date that the State Department receives the appeal to resolve the issue(s) on appeal. The 120 day time limit may be extended by agreement of both the Appellant and the State Department if it is likely that the additional time will result in a fully executed settlement agreement or resolution of the appeal.
M. As soon as it is evident within the 120 days that the Appellant and the State Department will not resolve the issue(s) on appeal, the State Department shall forward a copy of the Appellant’s original appeal document(s) to the Office of Administrative Courts in order to initiate the Office of Administrative Courts fair hearing process.
N. If, by the end of the 120 day period, the State Department has been unable to contact the Appellant using the information submitted by the Appellant, including by first class mail, and the Appellant has not contacted the State Department, the appeal shall be deemed abandoned. The finding entered by the county department shall be upheld in the state automated case management system without further right of appeal. The State Department shall notify the Appellant of this result by first class mail to the address submitted by the Appellant.
7.112 STATE FAIR HEARING BEFORE THE OFFICE OF ADMINISTRATIVE COURTS [Eff. 1/1/15] A. When the Office of Administrative Courts receives the appeal documents from the State Department, the Office of Administrative Courts shall docket the appeal and enter a procedural order to the parties indicating the following:
1. The date and time for a telephone scheduling conference with the parties.
2. During the telephone scheduling conference, the Office of Administrative Courts shall determine the date for the hearing. Following the scheduling conference, the Office of Administrative Courts will issue a further procedural order and notice of hearing. The order/notice will contain the hearing date, the fourteen (14) day deadline for the notice of issues, the fourteen (14) day deadline for response and deadline for filing pre-hearing statements. Any party requiring an extension or modification of any of the deadlines in the order may file a request with the Administrative Law Judge.
3. The notice of issues shall include the following:
4. The Appellant shall respond to the State Department’s submittal by providing the factual and legal basis supporting the appeal to the State Department and to the Office of Administrative Courts.
5. If the Appellant fails to participate in the scheduling conference referenced above or fails to submit the response referenced herein, the Office of Administrative Courts shall deem the appeal to have been abandoned by the Appellant and render an Initial Decision Dismissing Appeal. In accordance with the procedures set forth below, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.
6. In the event that either party fails to respond to a motion to dismiss filed in the appeal, the Administrative Law Judge shall not consider the motion to be confessed and shall render a decision based on the merits of the motion.
B. The Administrative Law Judge shall conduct the appeal in accordance with the Administrative Procedure Act, Section 24-4-105, C.R.S. The rights of the parties include:
1. The State Department shall have the burden of proof to establish the facts by a preponderance of the evidence and that the facts support the conclusion that the Appellant is responsible for the child abuse or neglect indicated in the notice of issues provided by the State Department. The state automated case management system is not the only acceptable evidence for establishing that the finding is supported by a preponderance of evidence;
2. Each party shall have the right to present his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct cross-examination;
3. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be subsequently prejudiced thereby, the Administrative Law Judge may receive all or part of the evidence in written form or by oral stipulations;
4. A telephonic hearing may be conducted as an alternative to a face-to-face hearing unless either party requests a face-to-face hearing in writing. The written request for a face-to- face hearing must be filed with the Office of Administrative Courts and the other party at least ten (10) calendar days before the scheduled hearing. A request for a face-to-face hearing may necessitate the re-setting of the hearing; and, 5. Where facilities exist that have videoconferencing technology local to the county department that made the founded finding, either party may request that the hearing be conducted via that technology. The requesting party shall investigate the feasibility of this approach and shall submit a written request outlining the arrangements that could be made for video conference. The Office of Administrative Courts shall hold the hearing via videoconferencing for the convenience of the parties whenever requested and feasible. A request for a hearing via videoconferencing may necessitate the re-setting of the hearing.
C. At the conclusion of the hearing, unless the Administrative Law Judge allows additional time to submit documentation, the Administrative Law Judge shall take the matter under advisement. After considering all the relevant evidence presented by the parties, the Administrative Law Judge shall render an Initial Decision for review by the Colorado Department of Human Services, Office of Appeals.
D. The Initial Decision shall uphold, modify or overturn/reverse the county finding. The Administrative Law Judge shall have the authority to modify the type and severity level of the child abuse or neglect finding to meet the evidence provided at the hearing. The Administrative Law Judge shall not order the county to modify its record; rather, the State Department shall indicate the outcome of the appeal in its portion of the state automated case management system.
E. When an Appellant fails to appear at a duly scheduled hearing having been given proper notice, without having given timely advance notice to the Office of Administrative Courts of acceptable good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appeal shall be considered abandoned and the Administrative Law Judge shall enter an Initial Decision Dismissing Appeal. In accordance with the procedures set forth in Section 7.114, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.
7.113 TRANSITION TO THE NEW APPEAL PROCESS [Eff. 1/1/15]
Appeals shall be submitted to the Colorado Department of Human Services section authorized by the Executive Director to process these appeals, using the state approved appeal form provided to individuals who have been found responsible for an incident of child abuse or neglect.
7.114 STATE DEPARTMENT OFFICE OF APPEALS FUNCTIONS [Eff. 1/1/15]
A. Review of the Initial Decision and hearing record and entry of the Final Agency Decision shall be pursuant to state rules at Sections 3.850.72 - 3.850.73 (9 CCR 2503-8).
B. Review shall be conducted by a State adjudicator in the Office of Appeals not directly involved in any prior review of the county report being appealed.
C. The Final Agency Decision shall advise the Appellant of his/her right to seek judicial review in the State District Court, City and County of Denver, if the Appellant had timely filed Exceptions to the Initial Decision.
D. If the Appellant seeks judicial review of the Final Agency Decision, the State Department shall be responsible for defending the Final Agency Decision on judicial review.
E. In any action in any court challenging a county’s founded finding of child abuse or neglect, the State Department will defend the statutes, rules, and state-mandated procedures leading up to the finding, and will defend all county actions that are consistent with statutes, rules, and state- mandated procedures. The State Department shall not be responsible for defending the county department for actions that are alleged to be in violation of, or inconsistent with, state statutes, state rules or state-mandated procedures.
7.115 CONFIDENTIALITY OF APPEAL RECORDS [Eff. 1/1/15]
A. All records submitted by the parties as part of the state level appeal process and all notices, orders, agency notes created by or made part of the State Department’s agency record shall be confidential and shall not be released or disclosed unless such release or disclosure is permitted by the applicable state statutes or Section 7.605.
B. Initial and Final Agency Decisions where information identifying the Appellant, victim(s), other family members, or other minors have been blocked out may be released to the public. _________________________________________________________________________ Editor’s Notes History Section 7.111 eff. 10/01/2007.
Entire rule repealed eff. 08/01/2012.
Entire rule eff. 01/01/2015.
Sections 7.107.1, 7.107.2 emer. rules eff. 07/10/2015.