Tracking# 2012-00545
FA/E 8/3/12, eff. 10/1/12 
(Former #2012-00659;
emergency 7/13/12, eff. 7/13/12) 

I:/12051701.rft 
(I:/12051701.doc) 

(12 CCR 2509-1) 

[Instructions: insert before line1585539.] 
Revision of Sections 7.202.75 through 7.202.8 were final (permanent) adoption of prior emergency rules at the 8/3/2012 State Board meeting (Rule-making# 12-5-17-1), with an effective date of 10/1/2012. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.

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(12 CCR 2509-3) 

[Instructions: replace lines 2316232 through 2316283.] 
7.202.75  Assessment, Reporting, and Review of an Incident of Egregious Abuse or Neglect Against a Child, a Child Near Fatality, or a Child Fatality [Rev. eff. 10/1/12] 
“Incident of egregious abuse or neglect” means “an incident of suspected abuse or neglect involving significant violence, torture, use of cruel restraints, or other similar, aggravated circumstances that may be further defined in rules promulgated by the State Department pursuant to this section” (Section 26-1-139(2)(a), C.R.S.). 
“Near fatality” means a case in which a physician determines that a child is in serious, critical, or life-threatening condition as a result of sickness or injury caused by suspected abuse, neglect or maltreatment (Section 26-1-139(2)(b), C.R.S.). 
The county department shall assess an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality in intrafamilial and institutional settings in those cases in which: 
A.  There is reason to know or suspect that abuse/or neglect caused or contributed to the egregious abuse or neglect against a child, a child near fatality, or a child fatality. 
B.  The cause of the incident of egregious abuse or neglect, near fatality or fatality is unknown or the information given is not consistent with the degree or type of injury and/or subsequent death.
7.202.76  Assessment Procedures [Rev. eff. 10/1/12] 
A.  The county department shall coordinate with the following agencies: law enforcement, district attorney's office, coroner's office, and hospitals to ensure prompt notification of an incident of egregious abuse or neglect, near fatality, or fatality of a child, which is suspicious for child abuse or neglect. 
B.  Assessments shall be coordinated with law enforcement. At a minimum in cases in which there are no surviving children, the county department shall provide law enforcement and the coroner with information related to any prior involvement with the child, the family, or the alleged perpetrator. 
C.  When there are surviving or non-injured child/ren, the county department shall assess the condition of those child/ren and shall take the action necessary to ensure their protection. 
1.  When assessing the condition of surviving or non-injured child/ren who may be at risk, the assessment shall include the following activities: 
a.  A visit to the child/ren's home or place of custody.
b.  An interview and/or evaluation of the child/ren.
c.  An examination of the child/ren to include an assessment of the child/ren's overall current physical, mental, or emotional condition.
d.  An assessment of the safety of the home environment, to include an interview with the parents, guardians, and/or legal custodians.
2.  When there are reasonable grounds to believe that a surviving or non-injured child is at risk of emotional or physical harm in his/her home environment, the county department shall seek an emergency protective order. 
7.202.77  Reporting to the State [Rev. eff. 10/1/12] 
A.  Within 24 hours (excluding weekends and holidays) of a county acceptance of a referral of an incident of egregious abuse or neglect, near fatality or fatality of any child, which is suspicious for child abuse or neglect, the county department shall call or email the following information to the State Department Child Protection specialist or designee. The following information shall be documented on the State prescribed form: 
1.  Name and age of victim.
2.  The Trails referral ID number. 
3.  Known circumstances around the incident of egregious abuse or neglect, near fatality or fatality.
4.  Description of physical injuries or medical condition of the child/ren at the time of referral.
5.  Names and ages of surviving or non-injured child/ren who may be at risk.
6.  Brief description of the department's prior involvement with the family/caretaker, if any.
7.  Actions taken by the county department to date and future actions to be taken.
8.  Involvement of other professionals in the case.
B.  Upon notification of an incident of egregious abuse or neglect, near fatality or fatality, the county department shall restrict Trails access to the current assessment of the incident of egregious abuse or neglect, near fatality or fatality, and any other Trails history regarding this child, the child’s family members, and the person(s) suspected of the abuse 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 unstricted. 
C. The county department shall provide the following information to the State Department's Child Protection specialist within sixty (60) calendar days of notification of the incident of egregious abuse 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 for an extension and subsequent State Department approval granting an extension. 
1.  The completed Trails referral/assessment summary. 
2.  Copies of any pertinent social, medical, and mental health evaluations of all involved subjects (child/ren, family, caretakers, 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 the case record not obtainable in Trails, if the county department has had past or current contact with the child prior to the incident of egregious abuse or neglect, near fatality or fatality. 
6.  Report of county department internal review, if the county department had previous contact with any of the household members in the previous two years. 
7.202.78  Additional Actions When County Department has had Prior/Current Child Welfare Involvement [Rev. eff. 10/1/12] 
A.  When the county department has custody of the child and or protective supervision, it shall take the following actions: 
1.  Immediately notify the parent/caretaker of the incident of egregious abuse or neglect, near death or death of the child. If the parent/caretaker resides in another county or state, the county department shall coordinate with the county department of parents' or caretakers' residence to provide, whenever possible, personal notification.
2.  Immediately notify the county department director of the incident of egregious abuse or neglect, near death or death of a child in the department's custody, protective supervision, or when the department has had prior child welfare involvement within the last two years that was directly related to the incident of egregious abuse 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 county director within twenty-four (24) hours of notification. 
3.  Immediately notify the court, the attorney for the county department, and the Guardian Ad Litem (when one has been assigned) of the incident of egregious abuse or neglect, near death or death of any child who is under the court's jurisdiction. 
B.  Upon notification of a child fatality in which the county department has had prior child welfare involvement, within the last two years that was directly related to the fatality, with the child, family, or alleged perpetrator, the county department director shall take the following actions: 
1.  Designate an individual(s) who will be responsible for assessing the child's death. The assigned individual(s) shall not have had prior involvement in the case. In the event of a conflict of interest, the county department shall arrange for the assessment to be conducted by another county department of social services with personnel having appropriate training and skill. 
2.  Ensure that a complete internal administrative review of the county's involvement in the case before the child's death is conducted. This review shall be referred to as the Department Internal Review and shall be completed whenever the county department has had current or prior child welfare involvement with the child, family or alleged perpetrator, within the last two years. The Review shall include, at a minimum: 
a.  Assessment of the interventions made by the county department.
b.  Evaluation of the case plan.
c.  Identified areas of strengths and/or weaknesses in the casework process.
d.  Analysis of any systemic issues that may have led to delays or oversights.
e.  Evaluation of the role played by other community agencies and the overall case coordination.
f.  Recommendations for staff training or changes in the system that would avoid other similar occurrences.
3.  Submit a written report of the Department Internal Review within sixty (60) calendar days of notification of the child's death to the State Department Child Protection specialist. 
C.  If another county department also has had prior child welfare involvement with the child, family or alleged perpetrator, within the two-year period directly related to the incident of egregious abuse or neglect, near fatality or fatality (to include referrals that had been screened out), the State Department shall decide what reviews shall occur in that county department. 
7.202.8  STATE REVIEWS OF AN INCIDENT OF EGREGIOUS ABUSE OR NEGLECT AGAINST A CHILD, NEAR FATALITY OR CHILD FATALITY [Rev. eff. 10/1/12] 
When a county department determines an incident of egregious abuse or neglect, near fatality or fatality of any child, which is suspicious for child abuse or neglect, occurs, the county shall submit reports for review by the State Department in accordance with Sections 7.202.77 and 7.202.78 of this rule manual, 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 two years prior to the incident of egregious abuse or neglect, near fatality or fatality and the prior involvement was directly related. The State Department Child Fatality Review shall occur within thirty (30) days of the State Department receiving all required documentation, in accordance with Section 7.202.77, C. 

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