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Code of Colorado Regulations eDocket
Details of Tracking Number
2021-00559
CCR details
| Tracking Number |
2021-00559 |
| Type of Filing |
Permanent Rule |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
2509 Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) |
| CCR Number |
12 CCR 2509-2 |
| CCR Title |
REFERRAL AND ASSESSMENT |
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Proposed rule
| Notice Filed with SOS |
08/31/2021 |
| Rule |
ProposedRuleAttach2021-00559.doc |
| Statutory Authority |
26-1-107, C.R.S. (2020); 19-3-216, C.R.S. (2020); 19-3-313.5(3), C.R.S. (2020) |
| Description of Subjects/Issues |
The charging documents for Child Abuse and Neglect cases Notices of Issues (NOI) include protected abuse and neglect information and regularly need to include some level of medical information for the alleged victim because an element of these cases is to show that the victim was abused or neglected. Mistreatment often-times involves investigation and diagnosis by a medical provider. The requirement to include medical information about the alleged victim in the NOI is in conflict with the state's obligation to protect this information. Presently, the state may file a motion for a protective order from the court. However, the Office of Administrative Courts (OAC) currently does not permit the filing of such a motion prior to the submission of an NOI. As such, NOIs are routinely filed before the granting of a protection order, which, in turn, releases information before protection is in place. Additionally, filing motions in all of these cases creates an undue burden on the Attorney General's office as well as the OAC which is not a good use of state resources and is inconsistent with the protection of neglected and/or abused children.
The rule change will resolve these concerns by requiring the OAC to issue protective orders at the time of the NOI. NOTE: Due to the ongoing COVID-19 situation, it
is anticipated that this meeting will take place entirely online. Please check here for
any updates on location/connection: https://cdhs.colorado.gov/sbhs |
| Purpose/Objective of Rule |
The charging documents for Child Abuse and Neglect cases Notices of Issues (NOI) include protected
abuse and neglect information and regularly need to include some level of medical information for the
alleged victim because an element of these cases is to show that the victim was abused or neglected.
Mistreatment often-times involves investigation and diagnosis by a medical provider. The requirement to
include medical information about the alleged victim in the NOI is in conflict with the state's obligation to
protect this information.
Presently, the state may file a motion for a protective order from the court. However, the Office of
Administrative Courts (OAC) currently does not permit the filing of such a motion prior to the submission
of an NOI. As such, NOIs are routinely filed before the granting of a protection order, which, in turn,
releases information before protection is in place.
Additionally, filing motions in all of these cases creates an undue burden on the Attorney General's office
as well as the OAC which is not a good use of state resources and is inconsistent with the protection of
neglected and/or abused children.
The rule change will resolve these concerns by requiring the OAC to issue protective orders at the time
of the NOI. |
| Basis And Purpose |
BasisAndPurposeAttachment2021-00559.pdf
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| Regulatory analysis |
RegulatoryAnalysisAttachment2021-00559.pdf
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| Comments |
CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the
same opportunity for public comment, after which the Board votes on final
adoption of the proposed rule. Emergency rules (ER) are adopted immediately, and are permanently adopted at a second hearing, usually the month after the initial hearing. This hearing permanently adopted ER adopted at the 9/3/2021 SBHS meeting). Please check here for any updates on location/connection: https://cdhs.colorado.gov/sbhs |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
10/08/2021 |
| Hearing Time |
08:30 AM |
| Hearing Location |
Location Pending State's response to COVID-19. Anticipated to be held entirely online |
| Contact Name |
Marc Mackert |
| Contact Title |
Director |
| Contact Telephone |
720.512.8814 |
| Contact email |
marc.mackert@state.co.us |
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Adopted rule
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