Tracking #2010-01107
FA/E 1/7/11, eff. 3/2/11
(former Tracking #2010-01151, 
emergency 12/3/10, eff. 12/3/10) 

I:/10102501.rtf
[I:/10102501.doc] 

[Note:  Statement of Basis and Purpose has been incorporated with Tracking #2010-01109 (Rule-making #10-8-26-1)] 

(12 CCR 2509-3) 

[Instructions: replace lines 2155385 through 2155437. ] 
7.202.4  REFERRAL PROCEDURES  [Rev. eff. 3/2/11]
A.  The county department shall have staff available twenty-four (24) hours a day to receive reports of abuse and neglect, conduct initial assessments of such reports and investigate those reports that are appropriate for child protective services. Continuously available means the assignment of a person to be near an operable telephone, pager system, or to have such arrangements made through agreements with the local law enforcement agencies.   Eff  10/01/2008
B.  The county department shall establish response protocols outlining the county plan for weekends, holidays, and after-hour coverage, to include:   Eff  10/01/2008
1.  How the county will ensure that those individuals reporting abuse or neglect after hours are directed to the designated number or agency for response,   Eff  10/01/2008
2.  Requirements for thorough documentation to support the disposition/actions of the emergency response worker; and,   Eff  10/01/2008
3.  That referrals must be entered into the automated case management system as outlined in Sections 7.200.6 and 7.200.61 by the next business day.   Eff  10/01/2008
C.  The county department shall provide appropriate referral information to the reporting party in those situations in which there are inadequate grounds to constitute assignment for assessment and investigation. Either casework or supervisory staff shall inform, whenever possible and appropriate, the reporting party of the decision not to investigate and the reasons for that decision.   Eff  10/01/2008
D.  Within thirty calendar days after receipt of a report of suspected child abuse or neglect from a specified mandatory reporter, the county department shall notify the specified mandatory reporting party who is and continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report and has a need to know in order to fulfill his or her professional and official role in maintaining the child’s safety. The county department shall provide the specified mandatory reporting party with: the name of the child and the date of the report; 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 investigation; notice that the reporting mandatory reporter may request updated information within ninety calendar days after the county department received the report and information concerning the procedure for obtaining updated information. Such specified mandatory reporters are: 
1.  Hospital personnel engaged in the admission, care, or treatment of children; 
2.  Mental health professionals; 
3.  Physicians or surgeons, including physicians in training; 
4.  Registered nurses or licensed practical nurses; 
5.  Dentists; 
6.  Psychologists; 
7.  Unlicensed psychotherapists; 
8.  Licensed professional counselors; 
9.  Licensed marriage and family therapists; 
10.  Public or private school officials or employees; 
11.  Social workers or workers with any facility or agency that is licensed or certified as a child care provider; 
12.  Victim’s advocates of a battered women's shelter, rape crisis organization, or comparable community-based organization, except that of a law enforcement agency; and, 
13.  Clergy members pursuant to Section 19-3-304(2)(aa)(III), C.R.S. 
E.  The county department shall enter all referrals into the State Department’s automated system as outlined in Sections 7.200.6 and 7.200.61, and conduct an initial assessment. The initial assessment shall decide the appropriateness of further investigation. It shall include, but not be limited to, the following activities: 
1.  Checking the State Department's automated case management system.   Eff  10/01/2008
2.  Reviewing county department files.   Eff  10/01/2008
3.  Obtaining information from collateral sources, such as schools, medical personnel, law enforcement agencies, or other care providers.   Eff  10/01/2008
F.  The county department shall gather and document the following information as available: 
1.  Family members and birth dates.   Eff  10/01/2008
2.  Relationships of individuals in the household.   Eff  10/01/2008
3.  Identified alleged victims, birth dates, and their current location.   Eff  10/01/2008
4.  Reasonable effort to secure the identity of the person alleged to be responsible for the abuse or neglect, as well as the responsible person's date of birth, Social Security Number, and last known address.   Eff  10/01/2008
5.  Presenting problems - specific allegations.   Eff  10/01/2008
6.  Reporter's credibility and name, address, and phone number.   Eff  10/01/2008
7.  Relationship of reporter to family.   Eff  10/01/2008
8.  Other potential witnesses.   Eff  10/01/2008
9.  Collateral agencies and individuals involved with the family.   Eff  10/01/2008
10.  Records check - results of internal and State automated case management system inquiries.   Eff  10/01/2008
11.  Date and time intake report received.   Eff  10/01/2008
12.  Response assessment based upon reporter's information.   Eff  10/01/2008
13.  Referrals made.   Eff  10/01/2008
14.  Decision as to investigation response and caseworker's signature (name).   Eff  10/01/2008
15.  Supervisory approval of the decision and signature.   Eff  10/01/2008
G.  The county department shall assign a referral for assessment and investigation if it: 
1.  Contains specific allegations of known or suspected abuse or neglect as defined in statutes and regulations. A "known" incident of abuse or neglect would involve those reports in which a child has been observed being subjected to circumstances or conditions that would reasonably result in abuse or neglect. "Suspected" abuse or neglect would involve those reports that are made based on patterns of behavior, conditions, statements or injuries that would lead to a reasonable belief that abuse or neglect has occurred or that there is a serious threat of harm to the child.   Eff  10/01/2008
2.  Provides sufficient information to locate the alleged victim.   Eff  10/01/2008
3.  Identifies a victim under the age of 18.   Eff  10/01/2008
4.  Meets the conditions of #2 and #3 above, results in a third report of suspected child abuse or neglect within a two year period and the two previous reports were not accepted for investigation.   Eff  10/01/2008
All reports with a child welfare concern occurring in any jurisdiction concerning any child in the family are to be counted towards the three or more reports. At the time of a third report, the county department shall review the prior reports, assessments, and applicable cases.   Eff  10/01/2008
Prior involvement is to be reviewed in terms of actions taken and services provided and used to inform further action. The review shall be documented in the automated case management system. The supervisor is to ensure that the review and the documentation have occurred.   Eff  10/01/2008
Upon completion of the investigation, the count starts over with the next report of suspected abuse or neglect that is not accepted for investigation.   Eff  10/01/2008
H.  If a county department receiving a referral determines that another county has responsibility, the receiving county department shall forward the referral to the responsible county department by telephone and fax and by entering the referral into the automatic case management system. The sending county department shall contact the receiving county to verify receipt of the referral within the required response time.  The timeframe for meeting response time requirements begins when the initial county receives the referral. 
I.  The county department shall ensure that referrals that do not need to be assigned for assessment and investigation are documented in the automated case management system with the reasons why further investigation was not needed. In those reports in which a full investigation is not going to be conducted the supervisor shall approve that decision. 
J.  The county department’s decision of how quickly to initiate an investigation is based on specific reported information that is credible and that indicates whether a child may be unsafe or at risk of harm. 
K.  The county department shall assign priority in response time using the following criteria: 
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[Instructions: replace line 2155446.] 
7.202.51  Written Procedures [Rev. eff. 3/2/11] 
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[Instructions: replace lines 2155460 through 2155465.] 
C.  The county department shall develop written procedures for providing updated information to the specified mandatory reporting party, identified in Section 7.202.4, D, upon request within ninety (90) calendar days after the county received the report regarding: 
1.  The name of the child and the date of the report; 
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; and,
5.  The name of and contact information for the county caseworker responsible for the investigation. 

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[Instructions: replace line 2155466. ] 
7.202.57  Conclusion of Investigation [Rev. eff. 3/2/11]
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[Instructions: replace lines 2155472 through 2155476 ] 
D.  Regardless of the outcome of the investigation and as allowable by law, the county department shall notify:   Eff  02/01/2007
1.  The involved child's family of the outcome of the investigation;   Eff  02/01/2007
2.  The person alleged to be responsible for the abuse or neglect of the outcome of the investigation; and,   Eff  02/01/2007
3.  The specified mandatory reporting party, identified in Section 7.202.4, D, of the name of the child and the date of the report; 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 investigating the referral; and the county procedure for requesting updated information within ninety (90) calendar days after the county department received the report. 
4.  Where applicable, its local licensing unit, the director or administrator of the facility, the agency with licensing or certifying authority and the State Department of Human Services' Division of Child Welfare and Division of Child Care, if the abuse or neglect investigation involved a state-licensed or county-certified facility. 

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