Tracking# 2012-01004
FA/P 1/4/13, eff. 3/2/13 

I:/12071301.rtf 
(I:/12071301.doc) 

(12 CCR 2509-1) 

[Instructions: insert before line 1585539.] 
Revisions of Sections 7.202.1 through7.202.532, 7.202.534 through 7.202.602, 7.202.604 through 7.202.608, 7.202.61 through 7.202.72, and 7.202.74 through 7.202.75 were final adoption following publication at the 1/4/2013 State Board meeting (Rule-making# 12-7-13-1), with an effective date of 3/2/2013. 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 1034845 through 2170794.] 
7.202  PROGRAM AREA 5 - CHILDREN IN NEED OF PROTECTION
7.202.1  (None) [Rev. eff. 3/2/13] 
7.202.2  (None) [Rev. eff. 3/2/13] 
7.202.3  DEFINITIONS [Rev. eff. 3/2/13]
“Agency response” means the protocol prescribed by the Department that guides practice pertaining to the protection of children in the dual-track response system. 
“Assessment” and the term “investigation”, as used in Section 19-3-308, C.R.S., are interchangeable in these rules. “Assessment” means work conducted by a case worker to engage the family and the community, to gather information to identify the safety, risks, needs and strengths of a child, youth, family, and community to determine the actions needed. 
Child abuse or neglect is defined in Section 19-1-103(1), C.R.S.
“Colorado Safety Assessment Instrument” means the instrument in the State automated case management system that guides a case worker through a safety assessment process.
“De novo” means that the issue is reviewed once again as if the appeal were the first review. 
Differential Response” provides a dual-track response system for referrals that meet the criteria for assignment. The two response options are the High Risk Assessment (HRA) and the Family Assessment Response (FAR). 
“Expungement” means the designation of a report or record whereby it is deemed not to have existed for the purpose of employment and background screening. Expungement of a founded finding of abuse or neglect shall not preclude the county department from maintaining records of the report in the case file or in the State automated case management system for purposes of future safety and risk assessments. 
Family Assessment Response”, also referred to as “FAR”, means the track established for low and moderate risk situations, where no one is identified as a victim or person responsible for abuse or neglect.
“Founded finding” means that the child abuse or neglect assessment established that an incident(s) of child abuse or neglect has occurred, by a preponderance of evidence. 
“Framework” means a method for organizing and analyzing information including, but not limited to: 
A.  Danger/harm; 
B.  Complicating/risk factors; 
C. Child vulnerability; 
D.  Gray areas; 
E.  Cultural considerations/race; 
F.  Safety/strengths; 
G.  History; 
H.  Next steps. 
“Good cause” means a legitimate reason why the process set forth herein should be modified. Such reasons may be that it was not possible for a party to meet a specified deadline and there was incapacity of the party or representative, lack of proper notice of the availability of the appeal process, additional time is required to obtain documents which were timely requested but not delivered, or other circumstances beyond the control of the party. 
“High Risk Assessment” means the track established for high risk situations, where a person responsible for abuse or neglect and the victim(s) are identified and a finding of abuse or neglect is made. 
“Impending danger” means threats to child safety not occurring at present but likely to occur in the near future and likely to result in severe harm to a child. 
“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 circumstance. 
“Inconclusive finding” means that there was some likelihood that abuse or neglect occurred but the child abuse or neglect assessment could not obtain the evidence necessary to make a founded finding of child abuse or neglect. 
“Intrafamilial  abuse” means any case of abuse or neglect as defined in Sections 19-1-103(1) and 19-3-102(1) and (2), C.R.S., that occurs within a family context by a child’s parent, stepparent, guardian, legal custodian, or relative, by a spousal equivalent, domestic partner, or by any other person who resides in the child’s home or who has access to the child’s home for the purpose of exercising care for the child; except that “intrafamilial abuse”  shall not include abuse by a person who is regularly in the child’s home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.
“Institutional abuse” means any case of abuse or neglect that occurs in any public or private facility in the state that provides child care out of the home, supervision, or maintenance. “Facility” includes, but is not limited to, family child care homes, foster care homes, and any other facility subject to the Colorado “Child Care Licensing Act”  and described in Section 26-6-102, C.R.S. “Institutional abuse” shall not include abuse that occurs in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides extended day services, abuse that occurs while such services are provided shall be institutional abuse.
“Moderate to severe harm” refers to the consequence of maltreatment at a level consistent with a moderate, severe or fatal level of physical abuse, sexual abuse or neglect, as defined in Section 7.202.601. 
“Near fatality” means a case in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse, neglect, or maltreatment. 
“Preponderance of evidence” means credible evidence, put forth by either party that the claim is more probably true than false. 
“Present danger” means immediate, significant, and clearly observable threat to child safety that is actively occurring and will likely result in severe harm to a child. 
“RED Team” is an acronym that stands for Review, Evaluate and Direct. The RED Team is a group decision making process that utilizes the framework and agency response guide to determine county department response to referrals. 
“Safe” is a condition where there is no present or impending threat of moderate to severe harm to a vulnerable child from current known family conditions, or the protective capacities in the family are sufficient to control existing dangers of threats of danger and protect the vulnerable child.
“Safety plan” refers to a written plan that:
A.  Establishes protection for the child;
B.  Is made by the family or natural supports, safety service providers, and the county department;
C.  Does not rely on the person responsible for abuse or neglect to initiate protective actions in order for the plan to be operationalized. 
“Spousal equivalent” or “domestic partner” means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent.
“Third-party   abuse” means a case in which a child is subjected to abuse by any person who is not a parent, stepparent, guardian, legal custodian, spousal equivalent, or any other person not included in the definition of intrafamilial abuse or institutional abuse, as defined in this section.
“Threat of moderate to severe harm” relates to conditions, behaviors or attitudes that could result in moderate to severe harm. 
“Traditional response” is the response process defined in High Risk Assessment for all counties not selected to participate in Differential Response This response shall be used for all referrals and assessments of low, moderate, and high risk. 
“Unfounded finding” means that the child abuse or neglect assessment showed there is clear evidence that no incident of child abuse or neglect occurred. 
“Unsafe” is a condition where there is a present or impending threat of moderate to severe harm to a vulnerable child from current known family conditions and protective capacities in the family are insufficient to control danger or threats of danger. 
7.202.4  PROCEDURES FOR REFERRALS OF ABUSE OR NEGLECT [Rev. eff. 3/2/13]
A.  The county department shall have staff available twenty-four (24) hours a day to receive referrals of alleged abuse and neglect, conduct initial reviews of such referrals and assess those referrals 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. The county department shall ensure that all referrals are entered into the State automated case management system by the end of the business day. 
B.  The county department shall establish response protocols outlining the county plan for weekends, holidays, and after-hour coverage, to include:
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,
2.  Requirements for thorough documentation to support the disposition/actions of the emergency response worker; and,
3.  That referrals must be entered into the State automated case management system as outlined in Sections 7.200.6 and 7.200.61 by the next business day.
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. Either casework or supervisory staff shall inform, whenever possible and appropriate, the reporting party of the decision not to accept as an assessment and the reasons for that decision.
D.  Within thirty calendar days after receipt of a referral 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 referral 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 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; notice that the reporting mandatory reporter may request updated information within ninety calendar days after the county department received the referral; 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 automated case management system as outlined in Sections 7.200.6 and 7.200.61, and conduct an initial review. The initial review shall decide the appropriateness of assessment and/or RED Team review. It shall include, but not be limited to, the following activities: 
1.  Checking the State automated case management system for prior involvement, which is to be reviewed in terms of actions taken and services provided and used to inform whether there is known or suspected abuse or neglect or serious threats of harm to a child. The review and the decision not to accept a referral for assessment shall be documented in the State automated case management system. The supervisor is to ensure that the review and the documentation have occurred.
2.  Reviewing county department files.
3.  Obtaining information from collateral sources, such as schools, medical personnel, law enforcement agencies, or other care providers.
F.  The county department shall gather and document the following information as available:
1.  Family members and birth dates.
2.  Relationships of individuals in the household.
3.  Identified alleged victims, birth dates, and their current location.
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.
5.  Presenting problems - specific allegations.
6.  Reporter's credibility and name, address, and phone number.
7.  Relationship of reporter to family.
8.  Other potential witnesses.
9.  Collateral agencies and individuals involved with the family.
10.  Records check - results of internal and State automated case management system inquiries.
11.  Date and time child abuse or neglect referral received.
12.  Referrals made.
13.  Family strengths and supports, if known. 
14.  Possible solutions for resolving the presenting problem, if known. 
15.  Race and ethnicity, if known. 
16.  Information as to whether or not the children have American Indian or Alaskan Native heritage, and if so, the Tribal affiliation.
G.  The county department shall assign a referral for assessment 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 referrals 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 referrals 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. 
2.  Provides sufficient information to locate the alleged victim.
3.  Identifies a victim under the age of eighteen (18). 
H.  Appropriate reasons why a county department, with supervisor approval, may choose not to accept a referral include the following: 
1.  When the current allegations have previously been assessed and determined to be unfounded; 
2.  Refer to other state social/human services department; 
3.  Referral does not meet criteria of abuse or neglect as defined in statutes and regulations; 
4.  Referral lacks sufficient information to locate child/family; 
5.  Referral is duplicative of a previous referral (if so, associate with the duplicate referral in the State’s automated case management system); 
6.  Alleged perpetrator in referral is third (3rd) party, as defined in statutes and regulations, county department shall refer to law enforcement; 
7.  Referral information contains allegations of past incident of abuse/neglect – no current allegation of abuse or neglect. 
8.  Client/family refused services not court ordered for assessment (applicable for Program Area 4 only); or, 
9.  Other (requires documented explanation in the State’s automated case management system). 
I.  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 as soon as possible, but no longer than eight (8) hours of determining responsibility, by entering the referral into the State automated case management system. The receiving county department shall make personal contact with the responsible county to verify receipt of the referral. 
J.  The county department shall ensure that referrals that do not need to be assigned for assessment are documented in the State automated case management system with the reasons why further assessment was not needed. In those referrals in which a full assessment is not going to be conducted the supervisor shall approve that decision.
K.  The county department’s decision of how quickly to initiate an assessment is based on specific reported information that is credible and that indicates whether a child may be unsafe or at risk of harm.
7.202.41  Referral Response Process [Rev. eff. 3/2/13] 
A.  The county department shall assign priority in response time using the following criteria: 
1.  Immediate and/or same day response is required when the referral indicates that: 
a.  There may be present danger of moderate to severe harm; or, 
b.  The child’s vulnerability and/or factors such as drug and alcohol abuse, violence, isolation, or risk of flight from one county to another county or state, increase the need for immediate response. 
c.  If the referral is received after regular business hours and the response time assigned is immediate, the time frame is immediate and/or up to eight hours.
2.  End of the third calendar day following receipt of the referral when the referral indicates that:
a.  There may be impending danger of moderate to severe harm; or, 
b.  The child’s vulnerability and/or factors such as drug and alcohol abuse, violence, isolation, or risk of flight from one county to another county or state, increase the need for intervention in the near future.
3.  Within five (5) working days from the date the referral is received when the referral indicates maltreatment or risk of maltreatment to a child and indicates an absence of safety concerns. The count excludes the date of referral. 
4.  If the caseworker is unable to locate the child within the assigned response time, reasonable efforts shall continue to locate the child according to the original assigned response time. 
B.  Differential Response (also defined in Section 7.202.3) provides a dual-track response system for referrals that meet the criteria for assignment. The two response options are the High Risk Assessment (HRA) and the Family Assessment Response (FAR). 
C.  County departments that have completed a readiness self assessment and planning process will be selected to participate in Differential Response by the Executive Director. The county departments shall utilize a RED Team process to determine the appropriate track assignment and response time based on the information gathered in the referral, except for referrals indicating an immediate response. All RED Team decisions shall be approved by a supervisor. High Risk Assessment is mandatory for referrals alleging a child fatality, near fatality, and egregious incident of child abuse or neglect, institutional abuse, and sexual abuse. RED Teams may use discretion to assign a High Risk Assessment based on the following factors: present danger, high level of risk, multiple previous referrals, and/or presenting case characteristics such as type of alleged maltreatment paired with high vulnerability of the alleged victim. The Family Assessment Response is for referrals with low to moderate risk. 
7.202.5  ASSESSMENT PROCEDURES [Rev. eff. 3/2/13] 
The county department shall, in both a High Risk Assessment and a Family Assessment Response, begin the assessment phase with face to face contact with the family and/or alleged victim and gather information to: 
A.  Assess for safety and take action to secure safety, if indicated;
B.  Assess risk, needs, and strengths of children and families;
C.  Obtain culturally relevant and appropriate resources for children and their families; and, 
D.  All counties shall enter a finding of founded, inconclusive or unfounded, as an outcome of the assessment in the State automated case management system. In a Family Assessment Response, no finding shall be made. 
7.202.51  Written Procedures [Rev. eff. 3/2/13]
A.  The county department shall develop written cooperative agreements with law enforcement agencies that include:
1.  Protocol for cooperation and notification between parties on child abuse and neglect referrals and child maltreatment deaths.
2.  Protocol for distributing the Notice of Rights and Remedies when required by Section 19-3-212, C.R.S., and Section 7.200.3, G, of this staff manual.
3.  Joint law enforcement investigation and child welfare assessment procedures.
4.  Procedures for independent law enforcement investigation and child welfare assessment by either party.
5.  Procedures for law enforcement investigation of abuse or neglect in out-of-home-care settings. A law enforcement investigation regarding the criminal aspects of an institutional abuse case shall not relieve the county department of its responsibility to assess the safety of the children in out-of-home care settings. 
B.  The county department may develop a Memorandum of Understanding with Child Advocacy Centers as defined in Section 19-1-103(19.5), C.R.S., that is to include: 
1.  Protocols with advocacy center authorizing the use of their video tape or audio tape equipment;
2.  Interviewers are to be qualified;
3.  Interviews should meet the National Children's Alliance performance forensic standards for persons conducting these forensic interviews, as found in the National Children's Alliance Standards for accredited member programs; no later amendments or editions are incorporated. Copies of these standards are available from the Colorado Department of Human Services, Division of Child Welfare, 1575 Sherman Street, Denver, Colorado 80203, or at any State publications depository library;
4.  The county department is not responsible for the training of the forensic interviewer employed by the advocacy center;
5.  Procedures for conducting forensic interviews in a manner that is of a neutral fact-finding nature and coordinated to avoid duplicate interviews; and,
6.  The child advocacy center shall provide technical assistance for forensic interviews, forensic medical examinations, or evidence collection or preservation.
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 referral regarding:
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; and,
5.  The name of and contact information for the county caseworker responsible for the assessment.
7.202.52  Assessment Requirements [Rev. eff. 3/2/13] 
The assessment of intra-familial, institutional, or third party abuse shall be conducted as set forth in Sections 19-3-308(2), (3), (4) through 19-3-308.5, C.R.S. To the extent that is reasonably possible, this shall occur as soon as possible following the receipt of the referral according to the county's prioritization of the incident.
A.  Within the assigned response timeframe, the assessment shall include a face-to-face interview with or observation of the child who is the subject of a referral of abuse or neglect. An interview shall occur if the child has verbal capacity to relate information relevant to safety decisions; otherwise, an observation of the child is sufficient.
B.  In an assessment, the interview shall be conducted out of the presence of the suspected person(s) responsible for the abuse or neglect, except in a Family Assessment Response, the initial interview may be conducted with the entire family, when doing so does not compromise the safety of the child(ren). Children may be interviewed outside the presence of the suspected person(s) responsible for the abuse or neglect at any point during the assessment.
C.  The assessment shall determine the names and conditions of any children living in the same place as the child who is the subject of the referral.
D.  As a part of the assessment, reasonable efforts shall be made to: 
1.  Interview any person(s) alleged as responsible for the abuse or neglect. 
2.  Advise the person(s) alleged as responsible for the abuse or neglect or the referral. 
3.  Give the person(s) alleged as responsible for the abuse or neglect an opportunity to respond to the allegations. 
E.  The assessment shall include use of the Safety Intervention Model as described in Section 7.202.53. To assess for safety, interviews shall be conducted with all children, caregivers, and family members in the home to gather information that is relevant for determining whether a child is safe. These interviews shall determine:
1.  Extent of child maltreatment;
2.  Circumstances surrounding the child maltreatment;
3.  Child functioning on a daily basis;
4.  Adults and caregiver functioning on a daily basis;
5.  Parenting practices; and,
6.  Disciplinary practices.
F.  Other persons identified through the assessment who may have information regarding the alleged maltreatment shall be interviewed, if possible, as part of the assessment.
G.  A visit to the child's place of residence or place of custody shall be completed as part of the assessment if: 
1.  Home conditions are the subject of the referral; or,
2.  Information obtained in the interview process indicates assessment of the home environment is necessary due to safety issues.
3.  The visit will assist the case worker to determine the disposition of the allegations in a High Risk Assessment.
H.  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 child participates. 
I.  Allegations of Sexual Abuse
1.  When there are allegations of sexual abuse in the High Risk Asessment, counties shall, at a minimum, conduct in-state and out of state sex offender checks of the person(s) responsible for the alleged abuse/neglect, using one of these two options: 
a.  Option 1: Counties shall use Colorado Courts to check if a person(s) responsible for the alleged abuse/neglect is a sex offender, or,
b.  Option 2: Counties shall use both the in-state and out-of-state government websites to check to see if a person(s) responsible for the alleged abuse/neglect is a sex offender. 
2.  When conducting any website checks, counties shall: 
a.  Use due diligence in following the specific check criteria for each website, and,
b.  Also check for adult misdemeanor and/or juvenile adjudication records with a sexual offense.
c.  Access or attempt to access government issued (tamper-resistive), photographic identification of the person(s) responsible for the alleged abuse/neglect and record full name(s), to include nicknames and/or aliases, address(es) and date(s) of birth in the automated case management system; 
d.  Access or attempt to access information from the alleged person(s) responsible for the alleged abuse/neglect on any possible involvement with law enforcement, probation, parole, corrections, community corrections, and/or child protection services in Colorado, or in any other state, and/or jurisdiction (federal, military, tribe, and/or country);; 
e.  Document all results in the State automated case management system. 
f.  Immediately report any possible violations of sex offender registration to local law enforcement; and,
g.  Report all law enforcement verified matches of sex offenders to the individual, supervising officer/agent or team responsible for community supervision and public safety.
J.  The assessment shall include use of the risk assessment model as described in Section 7.202.54.
K.  When a county department substantiates child abuse or neglect regarding any child under the age of five years, that county department shall refer the child to the appropriate state or local agency for developmental screening within sixty days after abuse or neglect has been substantiated. The county may also refer any child under the age of five years in a Family Assessment Response, where there is no finding, if a parent requests or the child presents with needs that might benefit from a developmental screening as determined by the responding case worker.
L.  All interactions with the family, as part of the assessment shall be documented in the State automated case management system. Any specific evidence gathered, such as photographs or videotapes, shall be filed in the case record and referenced in the State automated case management system.
M.  At the time of a new assessment, the county department shall specifically review the history of any county department’s involvement occurring in any jurisdiction concerning any child in a household.
Each prior involvement is to be reviewed in terms of actions taken and services provided. The supervisor is to ensure that the review and the documentation have occurred. The county shall:
1.  Determine whether there is a pattern of behavior in the family that is a threat to the safety of the child(ren) and take action to secure safety, if indicated, or seek more information to make a determination, and
2.  Document in the assessment closure section of the State automated case management system that a review related to prior involvement occurred.
N.  Reasonable efforts shall be made to prevent out-of-home placement, unless an emergency exists, and to maintain the family unit. Safety plans other than placement shall be considered, including but not limited to the provision of in-home and Core Services, if appropriate and available; the possibility of removing the maltreating adult from the home rather than the child; the possibility of the non-maltreating parent placing child and self in a safe environment; or the availability of kinship placement.
O.  Taking children into custody - See Section 19-3-401, C.R.S.
P.  Upon completion of a High Risk Assessment, the county department shall consider the assessment founded if there is a preponderance of evidence to support that abuse or neglect occurred.
Q.  For purposes of assessment, the interview of the child may be audio or video taped. If audio or video taping is conducted, the following standards shall be followed: 
1.  Any interview of a child concerning a referral of child abuse may be audio taped or video taped as set forth in Section 19-3-308.5, C.R.S.
2.  The audiotaped or videotaped interview shall be conducted by a competent interviewer and may be conducted at the 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, except that an interview shall not be videotaped when doing so is impracticable under the circumstances or will result in trauma to the child, as determined by the county department.
3.  The child shall be advised that audio or video taping of the interview is to be conducted and the advisement shall be documented. If the child objects to video taping of the assessment, such taping shall not be conducted by the county department.
4.  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 record.
5.  When there is a request by any party to the action to view or listen to an audio or video tape, the child or the guardian ad litem shall be notified in advance of the request, when possible.
6.  Access to these tapes shall be subject to the rules of discovery and governed by the confidentiality provisions under Section 7.000.72.
7.202.53  Safety Intervention Model [Rev. eff. 3/2/13]
The Safety Intervention Model is defined as the actions and decisions required throughout involvement to:
A.  Identify and assess threats to child safety;
B.  Plan for an unsafe child or children to be protected;
C.  Facilitate caregivers in taking responsibility for child protection; and,
D.  Manage plans designed to assure child safety while a safe and permanent home is established.
7.202.531  Child Safety at Initial Contact [Rev. eff. 3/2/13] 
A.  At the point of first contact with the alleged child victim(s), the assessment shall focus immediately on whether a child is unsafe.
B.  To assess for safety, county departments shall consider the safety threshold criteria, the fifteen safety concerns, and caregiver protective capacities.
C.  If the child is unsafe, the caseworker shall analyze whether an in-home safety plan can reasonably be expected to control safety concerns and either develop a safety plan as described in Section 7.202.534 or, if necessary, initiate an out-of-home placement.
D.  The safety plan creates protection for a child and shall include reasonable means by which child safety can be assured while safety assessment continues. 
E.  In the first thirty (30) calendar days of a Family Assessment Response, upon supervisory approval, the caseworker may change tracks to a High Risk Assessment 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 as responsible for the abuse/neglect. This change will be made in the State automated case management system and all information entered to date will be transferred. 
F.  If at any point the safety becomes unmanageable in a Family Assessment Response, the caseworker, with approval from the supervisor, may open a case and/or request court orders. If at any point new information is gathered that contains information defined in Section 7.202.4, G, a new referral shall be generated. 
7.202.532  Parameters for Use of the Colorado Safety Assessment Instrument [Rev. eff. 3/2/13] 
A.  Completion of the Colorado Safety Assessment Instrument is required: 
1.  As part of an assessment including when there are new allegations on an open child protective services case;
2.  Whenever there is a significant change in family circumstances or situations that might pose a new or renewed threat to child safety; 
3.  Prior to reunification; and,
4.  Prior to supervisory approval for closing services. 
B.  Completion of the Colorado Safety Assessment Instrument is required for all Program Area 5 referrals being assessed, except: 
1.  Institutional abuse assessments, as described in Section 7.202.55. 
2.  Third party assessments, as described in Section 7.202.56. 
3.  Fatality assessments when there are no surviving siblings. 
4.  When caregivers have abandoned the child.
5.  When there is clear evidence that there is no incident of child abuse or neglect, documentation in the State automated case management system shall include the reason for making this decision, initial contact with the alleged victim, and person responsible for abuse or neglect. 
C.  The responses to the Colorado Safety Assessment Instrument 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 within thirty (30) calendar days from the date the referral was received. 

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[Instructions: replace lines 2170829 through 1035201.] 
7.202.534  Safety Planning and Documentation [Rev. eff. 3/2/13] 
A.  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 safety concerns.
B.  A safety plan shall be developed for all situations in which an in-home safety plan can reasonably be expected to control safety concerns. It shall be documented in the State automated case management system. All children in the household assessed to be unsafe shall be included in one plan.
C.  Safety plans shall include the following:
1.  Safety responses that are the least restrictive response for assuring safety;
2.  Safety responses that have an immediate impact on controlling safety concerns;
3.  Description of actions to be taken that address each specific safety concern, 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 assure safety;
5.  Identification of each family member and safety management provider participating in the plan;
6.  Parental acknowledgement of safety concerns and a willingness to participate in the safety plan; and;
7.  Caseworker activities to oversee the safety plan.
D.  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.
E.  The safety plan shall be documented in the State automated case management system within thirty (30) calendar days from the date the referral was received.
7.202.54  Colorado Family Risk Assessment [Rev. eff. 3/2/13] 
A.  The assessment shall include use of the risk assessment instrument to: 
1.  Determine risk for future abuse or neglect, and
2.  Aid in determining if case services should be provided, and
3.  Aid in determining the appropriate level of case services.
B.  The risk assessment instrument is required for all Program Area 5 assessments except: 
1.  Institutional abuse assessment,
2.  Third party assessment,
3.  Fatality assessment when there are no surviving siblings, 
4.  When caregivers have abandoned the child,
5.  When the assessment determined no basis for the allegations.
C.  The risk assessment instrument shall address the following factors: 
1.  Current type of allegation,
2.  Previous child welfare assessments, services, and placement,
3.  Number of children in household,
4.  Age of youngest child in household,
5.  Primary caregiver’s description of incident,
6.  Primary caregiver’s provision of physical care or supervision,
7.  Caregiver(s)’ use of alcohol and controlled substances,
8.  Characteristics of children in the household,
9.  Recent or historical domestic violence in the household,
10.  Caregiver(s)’ history of homelessness and mental health treatment,
11.  Primary caregiver’s history of abuse or neglect as a child,
12.  Caregiver(s)’ use of excessive/inappropriate discipline,
13.  Caregiver(s)’ involvement in disruptive/volatile adult relationships.
D.  The risk assessment instrument is to be completed in the State automated case management system within thirty (30) calendar days from the date the referral was received.
7.202.55  Institutional Abuse or Neglect Investigations [Rev. eff. 3/2/13] 
Institutional abuse or neglect assessments shall: 
A.  Include those referrals of alleged child abuse or neglect by staff in any private or public facility that provides out-of-home child care, including twenty-four (24) hour care and child care homes and centers.
B.  Not include abuse or neglect that occurs in public, private, and parochial schools and preschools operated in connection with those schools, except when those schools provide extended day services and abuse or neglect occurs during that time. Those instances shall be considered as institutional abuse and assessed accordingly. 
C.  Be the responsibility of the county department of social services in which the facility named in the referral is located and shall follow the High Risk Assessment track protocol. 
D.  Be conducted in those cases in which an allegation of abuse or neglect is made. 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 or neglectful behavior by the care provider. Such circumstances include those referrals in which someone is specifically alleging the behavior to be abusive or those referrals in which there has been a pattern of frequent injuries by the same caretaker or of similar incidents in the same facility.
E.  Be conducted by a qualified and disinterested 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.
F.  The county department shall assign priority in response time using the criteria set forth in Section7.202.41, A. 
G.  Include notification within one working day after receipt of the referral to the licensing authority or certifying unit regarding the receipt of a child maltreatment referral in an out-of-home or day care setting.
H.  Include in the referral as much of the following information as possible from the reporting party and records: 
1.  Name, address and present specific location of the alleged child/ren victim(s).
2.  Child/ren's age and the nature and extent of the injuries
3.  Time, date, location and witness(es) of the incident.
4.  Any indication that other children in the institution are or have been injured, abused, neglected, and if so, their names addresses and current location.
5.  Any other information which might be helpful in establishing the cause of the injury, abuse and/or neglect.
6.  Name, address and telephone number of the institution and whether there is an after-hours telephone number for the institution.
7.  Name and address of the agency holding legal custody of the child/ren.
8.  Name and address of the child/ren's parent(s)/guardian(s).
9.  Name, address and present location of the person(s) alleged to be responsible for an incident of child abuse 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.
10.  Determine if the institution has been apprised of the allegation and if so, what action(s) may have been taken by the institution, such as:
a.  Notification of the custodial county/agency.
b.  Notification of the parent(s) guardians.
c.  Separation of the victim(s) from the alleged person responsible for child abuse or neglect.
d.  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.
11.  Both historical and current information regarding the child/ren, the facility and the person(s) alleged to be responsible for the abuse or neglect.
I.  Be assessed in the following manner: 
1.  Interview alleged victim/s
a.  Child/ren shall be interviewed in a setting which is as neutral as possible and where confidentiality can be maintained.
b.  Child/ren shall not be taken off the grounds for the interview unless the county department of social services has court ordered custody or law enforcement has taken the child into protective custody.
c.  Person(s) allegedly responsible for child abuse or neglect and other related parties (i.e., foster parents, spouse or other facility staff) shall not be allowed to be present during the interview with the child/ren.
d.  The county department of social services shall, if necessary, obtain a court order to access the child/ren if the facility refuses access.
e.  The assessing workers shall determine if there are other victims not named in the referral and shall immediately assess the safety of those victims.
f.  Names and addresses of any other alleged victims who may no longer be in the facility shall be obtained and interviewed, if appropriate.
2.  Interview witnesses, including children and staff.
3.  Interview other facility staff who may have additional information.
4.  Interview the person(s) allegedly responsible for abuse or neglect after the child/ren and witnesses have been interviewed by either law enforcement or social services.
5.  Obtain a detailed description of the incident and of the injuries and an assessment of the appropriateness of physical management/restraint if this was involved.
J.  Require notification of: 
1.  Custodial agencies, including county departments, other states, and appropriate divisions of the Department of Human Services. Custodial agencies: 
a.  Shall be notified immediately if there are safety issues or if an injury requires medical treatment.
b.  Shall be notified following completion of the assessment if the child in their custody was the subject of a referral or if the assessment reveals concerns regarding the child care practices which could negatively impact their child/ren.
2.  Licensing authority or certifying unit shall be notified the next working day if the assessment indicates there is an immediate threat to the child/ren's health, safety, or welfare.
3.  Parents/legal guardians of alleged victim(s). Notification shall occur: 
a.  By the custodial counties when alleged abuse occurs in out-of-home care setting.
b.  By the assessing county when there is no custodial county.
c.  By the assessing county when alleged abuse occurs in less than twenty-four (24) hour child care with notification provided prior to an interview with child/ren, where possible.
d.  When an assessment is being or has been conducted on a referral of abuse and/or neglect, and shall include the nature of the alleged abuse and the findings of the assessment.
e.  If circumstances do not allow for direct contact, then notification of the allegations and findings shall be provided in writing.
4.  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 (72) hours when it has been determined by the State or county department that:
a.  The incident of alleged child abuse or neglect that prompted the assessment is at the level of a moderate, severe, or fatal incident of abuse or neglect, as defined by rule at Sections 7.202.601, D, 1, b, c, d, and 7.202.601, D, 2, b, c, d, or involves sexual abuse; 
b.  Notice to the parents or legal guardians of the uninvolved children is essential to the assessment of the specific allegation or is necessary for the safety of children cared for at the facility; and,
c.  A determination has been made and a State Department or county department supervisor has provided written approval of the determination for which basis and approval may be in electronic form. 
5.  Director of facility: 
a.  Shall be apprised of the allegation.
b.  Shall be advised regarding the results of the assessment and provided a verbal report immediately once a determination is made. If the county department is unable to make a determination regarding the person(s) allegedly responsible for child abuse or neglect, the director shall also be advised so that decisions regarding the continued employment of the employee can be made by the facility.
K.  Require the submission of a written report by the assessing county within sixty (60) calendar days after the initial receipt of the referral of child abuse or neglect. 
1.  The report shall be sent to: 
a.  To the facility administrator/director. 
b.  The agency with licensing/certifying authority. 
c.  To the Institutional Abuse Review Team, the Department’s twenty-four (24) hour monitoring team, and the Division of Child Care when the incident involves a twenty-four (24) hour care facility. 
d.  To the same custodial counties as required in Subsection J, 1, above. 
2.  The report shall include at a minimum the following information: 
a.  Name(s) of person(s) allegedly responsible for an incident of child abuse or neglect.
b.  The child's name, age, and length of time he/she has been in placement.
c.  The name of the facility and the county in which it is located.
d.  The name of director/administrator.
e.  The approximate number of children served.
f.  The age range of children served and type of children served (e.g., child with developmental disabilities).
g.  A summary of what the assessment involved, including a list of the individuals interviewed.
h.  A summary of findings/conclusions and the information on which they are based.
i.  A summary of the recommendations and/or need for an identified corrective or remedial action.
7.202.56  Third Party Abuse or Neglect Report Requirements [Rev. eff. 3/2/13] 
Third party abuse or neglect referrals shall: 
A.  Include any referrals of alleged abuse or neglect by a person who is not relating to the child in the contexts described in the previous intrafamilial or institutional abuse sections.
B.  Be forwarded immediately by the county department to the appropriate law enforcement agency for screening and investigation in all referrals in which the abuse or neglect was by a third party age ten or over. 
In those referrals in which child abuse or neglect is alleged to have occurred by a child under the age of 10, the county department 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.  Be followed by receipt by the county department of a copy of the report summarizing the investigation that was conducted by law enforcement. The investigation report shall be the basis upon which the county department enters a founded finding of child abuse or neglect into the State automated case management system pursuant to Section 7.202.6. 
7.202.57  Conclusion of Investigation [Rev. eff. 3/2/13]
A.  A High Risk Assessment shall be completed within thirty (30) calendar days of the date the referral was received, unless there are circumstances which have prevented this from occurring. Such circumstances shall be documented in the State automated case management system.
1.  The caseworker shall request and document in the assessment extension window of the State automated case management system the primary reason(s) for the extension prior to the expiration of the thirty (30) day closure requirement, and 
2.  The approving supervisor shall document within seven (7) calendar days in the assessment extension window of the State automated case management system the time limited extension(s) to the thirty (30) calendar days closure requirement including the rationale and the time frame for the extension(s).
B.  In a Family Assessment Response, the assessment phase shall not exceed sixty (60) calendar days from the date the referral was received. Once services are identified or the assessment has reached sixty-one (61) days, the Family Assessment Response is considered to be in the service phase, and a Family Assessment Response service plan shall be 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.
C.  The county department shall document the completed assessment in the State automated case management system and supervisors shall approve the closure of the assessment. 
D.  Services provided beyond sixty (60) calendar days of the receipt of the referral shall be open for services based on either the family's agreement to accept services or court order. 
E.  Regardless of the outcome of the assessment and as allowable by law, the county department shall notify: 
1.  The involved child's family of the outcome of the assessment;
2.  The person alleged to be responsible for the abuse or neglect of the outcome of the assessment; and,
3.  The specified mandatory reporting party, identified in Section 7.202.4, D, 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.
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 Early Care and Learning, if the abuse or neglect assessment involved a state-licensed or county-certified facility. Regardless of the track, 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. 
7.202.6  REQUIREMENTS CONCERNING COUNTY ENTRY OF FOUNDED FINDINGS OF CHILD ABUSE AND NEGLECT INTO THE STATE AUTOMATED CASE MANAGEMENT SYSTEM AND PROCESSES TO APPEAL THE FOUNDED FINDING [Rev. eff. 3/2/13] 
When the assessment of a referral of suspected child abuse or neglect results in a founded finding of child abuse or neglect by a preponderance of evidence, the county department shall enter the founded finding of child abuse or neglect into the State automated case management system no later than 60 calendar days after receipt of the referral, unless a county elects to implement Section 19-3-309.5, C.R.S., and defer entering a founded finding of child abuse or neglect into the State automated casae management system, and enter into a pre-confirmation agreement (known as a safety plan agreement, as authorized pursuant to Section 19-3-309.5, C.R.S.).
A.  The county may follow the deferral process in the following circumstances: 
1.  When the person has had no previous allegations of abuse or neglect assessed; and, 
2.  When the child abuse or neglect that the person is found to be responsible for is at the level of minor incident of abuse or neglect, pursuant to Sections 7.202.601, D, 1, a and 7.202.601, D, 2, a; and, 
3.  When the person 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 pre-confirmation agreement for resolving the issues related to the referral of child abuse or neglect can be completed within sixty days after the receipt of the referral. 
B.  Counties are not obligated to enter into any agreements to defer entering a founded finding of child abuse or neglect into the State automated case management system.
C.  The pre-confirmation agreement shall be in writing and signed by the caseworker and the person found to be responsible for the abuse or neglect of the child, 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.
E.  If the person who is found to be responsible for abuse 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 child abuse or neglect related to the incident assessed.
F.  If the person who is found to be responsible for the abuse 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 child abuse or neglect related to the incident assessed. 
7.202.601  Definitions [Rev. eff. 3/2/13]
In addition to the definitions set forth in Section 7.202.3, the following definitions are applicable to the submission of founded reports of abuse and neglect by the county department to the State Department.
A.  “Authorized caregiver”, as used in these rules, means an individual or agency authorized by a parent, guardian or custodian to provide care to a child and who agrees to provide such care. The authorization may be on a temporary basis and need not be in writing unless otherwise required by law.
B.  “Child in need of services” includes a child who receives services regardless of whether the services are court ordered, county provided or voluntarily arranged by the family, or a child who needs services even if the services are not provided.
C.  “Environment injurious to the welfare of a child” means that the environment caused injuries to the welfare of the child or reasonably could be foreseen as threatening to the welfare of the child and is in control of the parent, guardian, custodian or authorized caregiver.
D.  “Severity level” means the assessment of the harm to the child victim or the act of abuse or neglect as minor, moderate, severe or fatal as defined in these rules.  Upon confirmation of the allegation(s) of abuse, neglect, or sexual abuse, the county department shall use the following definitions when determining the severity of the incidents: 
1.  Physical Abuse
a.  “Minor physical abuse” means excessive or inappropriate force used resulting in a superficial injury;
b.  “Moderate physical abuse” means excessive or inappropriate force used resulting in an injury that may require medical attention;
c.  “Severe physical abuse” means excessive or inappropriate force used resulting in a serious injury that requires medical attention or hospitalization;
d.  “Fatal physical abuse” means excessive or inappropriate force used resulting in a child’s death.
2.  Neglect
a.  “Minor neglect” means the physical or emotional needs of the child are marginally or inconsistently met, but there is little or no impact on the child’s functioning;
b.  “Moderate neglect” means the physical or emotional needs of the child are inadequately met resulting in some impairment in the child’s functioning;
c.  “Severe neglect” means the physical or emotional needs of the child are not met resulting in serious injury or illness;
d.  “Fatal neglect” means the physical or emotional needs of the child are not met resulting in death.
3.  Sexual abuse severity is to be determined based upon the type of contact, duration of contact, and the emotional impact upon the child.
7.202.602  Entering Founded Findings Reports of Child Abuse or Neglect [Rev. eff. 3/2/13]
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.
7.202.603  Notice to Law Enforcement and District Attorney [Rev. eff. 9/1/06]
The county department shall notify the local law enforcement agency and the District Attorney's Office of the founded report. No other entity shall receive notification unless otherwise authorized by law.
7.202.604  Notice to the Person Found to be Responsible for Child Abuse or Neglect [Rev. eff. 3/2/13]
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 7.202.605 through 7.202.608. 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 7.202.605 through 7.202.608.
7.202.605  State-Level Appeal Process [Rev. eff. 3/2/13]
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 7.202.3, E. Failure to request State review within this ninety-day 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; or,
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.
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.
7.202.606  State Fair Hearing Before the Office of Administrative Courts [Rev. eff. 3/2/13] 
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:
a.  The specific allegations(s) that form the basis of the county department’s finding that the Appellant was responsible for child abuse or neglect;
b.  The specific type and severity of child abuse asserted against Appellant and the legal authority supporting the finding; and,
c.  To the extent that the State Department determines that the facts contained in the State automated case management system support a modification of the type or severity of child abuse or neglect determined by the county department, the State Department shall so notify the county department and the Appellant of that modification and the process shall proceed on the modified finding(s).
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 7.202.608, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant. 
7.202.607  Transition to the New Appeal Process [Rev. eff. 3/2/13]
A.  On or after March 31, 2011, all new 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.
B.  If an individual submits a request for a record review or a fair hearing directly to the Office of Administrative Courts on or after March 31, 2011, the Office of Administrative Courts shall not begin to process that appeal and shall, instead, transfer the appeal request to the Colorado Department of Human Services section authorized by the Executive Director to process these appeals.
C.  If an individual requested a fair hearing before an Administrative Law Judge prior to the effective date of these rules, that appeal shall continue in accordance with the rule provisions in effect at the time that the request was received by the Office of Administrative Courts.
D.  If an individual requested a record review by an Administrative Law Judge prior to the effective date of these rules and the matter has not yet reached the decision stage by the Administrative Law Judge, the individual shall be notified that she/he has the option of requesting the Department to process the appeal under the revised process.
7.202.608  State Department Office of Appeals Functions [Rev. eff. 3/2/13] 
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.
7.202.609  Confidentiality of Appeal Records [Rev. eff. 9/1/06]
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 7.000.72 (12 CCR 2509-1).
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.
7.202.61  Child Protection Teams [Rev. eff. 3/2/13] 
A county department of social services receiving fifty (50) or more referrals of child abuse and neglect per year shall have a multi-disciplinary child protection team in accordance with Sections 19-1-103(22) and 19-3-308(6), C.R.S. 
7.202.62  Provision of Ongoing Child Protection Services (CPS) [Rev. eff. 3/2/13] 
A.  If a safety plan exists, the assigned caseworker and supervisor shall review it as the first step in ongoing services planning.
B.  Ongoing child protection services shall be based on the safety and risk issues identified in the safety assessment instrument and plan, risk assessment instrument, and in the family social history and assessment summary in the Family Services Plan. Services shall be provided to protect the child(ren) or youth from further abuse or neglect through building parental capabilities and increasing parental involvement. This shall be accomplished in a manner that preserves the family when this can safely be done. When the family from whom the child(ren) or youth were removed cannot safely be preserved, services shall be provided that preserve the child(ren)'s or youth’s continuity within the extended family and/or home community when feasible. When the child(ren) or youth cannot safely return to the family from whom they were removed, services shall be provided to achieve an alternative permanent plan that provides for a child(ren)'s or youth’s safety and well-being in a timely manner.
C.  At the point of case transfer, county departments shall assure that pertinent information regarding child safety, permanency, and well-being are translated to the new assigned caseworker. This shall be accomplished through any of the following methods, in a descending order of preference, based on the nature of the case and the workload ability of the county department:
1.  Decision-making meeting involving caseworkers and/or supervisors, family and community providers.
2.  Staffing between caseworkers and/or supervisors.
3.  Written transfer summary.
D.  The county department shall complete the safety assessment instrument consistent with requirements outlined in Section 7.202.53.
E.  The county department shall complete the Colorado Family Risk Assessment instrument prior to case closure on all Program Area 5 cases for which remaining at home or reunification was the permanency goal identified in the State automated case management system. The Colorado Family Risk Assessment instrument shall be documented in the State automated case management system and address the following factors: 
1.  Prior assessments;
2.  Household has previously received child protective services;
3.  Number of children or youth in the household;
4.  Age of youngest child in the household;
5.  New assessments since the initial risk assessment;
6.  Either caregiver has a current substance use problem;
7.  Disruptive/volatile adult relationships in the household;
8.  Caregiver’s ability to provide physical care/supervision to children or youth;
9.  Primary caregiver’s use of treatment/training programs; and,
10.  Secondary caregiver’s use of treatment/training programs.
All of the information from the risk assessment and risk reassessment instruments shall be used to assess the degree to which parental capacities have been enhanced, risks reduced, and links to the community have been established in order to support case closure. 
F.  Monthly Contact
The primary purpose for case contacts shall be to assure child safety and well-being and move the case toward achieving identified treatment goals. Documentation in the State automated case management system of at least one monthly contact shall summarize progress toward these goals. In child protection cases in which the children or youth remain in the home and in child protection cases in which the children or youth are placed out of the home, the county department shall have face-to-face and telephone contact with the children or youth and parents and relevant collateral contacts as often as needed (while meeting the minimum expectations below) to reasonably attempt to assure the safety, permanency and well-being of the children.
1.  A face-to-face contact with a parent, or the guardian to whom the child or youth shall return, or with a child or youth is defined as an in-person contact for the purpose of observation, conversation, intervention or interview about substantive case issues, such as safety, risk and needs assessment, safety and treatment planning that may help to reduce future risk of abuse and neglect, service agreement development and/or progress.
2.  The primary purposes for county department contacts with parents are to assess the parent(s)’ ability to provide safety for the child or youth and make progress toward treatment plan goals. When a child protection case remains open with the county department, the county department shall maintain sufficient contact with parents or the guardian with whom the child or youth resides, or to whom the child or youth shall return, to lead to timely resolution of child safety issues and to move the case toward timely resolution of treatment plan goals. Such contact shall occur at least monthly and at least every other month there shall be face-to-face contact. Such contacts shall occur with parents at least until a motion for termination of parental rights is filed, in cases in which the child is not living in the home or in which it is no longer planned that the child will return home.
3.  The primary purpose for child or youth contacts is to assure the child’s safety and well-being regardless of the reason the case is open with the county department. For in-home cases, the county department shall have at least monthly face-to-face contact with children or youth participating as a child in the case.
4.  For the frequency of contact of children and youth in out-of-home placement, see Section 7.001.6, B (12 CCR 2509-1).
5.  For all other types of contacts, the purpose of the contacts shall be determined by the stage of the case, by the level of safety, risk and needs of the case, and according to whether or not the county department representative is the primary service provider. In cases in which there are individuals and/or someone from another or other agencies who has/have the primary therapeutic relationship with the parent and/or the child or youth, these parties may be designated by the county department to fulfill additional contacts beyond the minimum contacts described above when additional contacts are needed to reasonably assure the safety, permanency and well-being of the child(ren) or youth in the case.
6.  All case contacts with parents and child(ren) or youth by the county department shall be recorded in the State automated case management system, and shall reflect how the purpose of the visit was accomplished.
7.  In exceptional situations, if the minimum case contacts are not able to be provided by the county in any given month, those reasons shall be documented by the county in the case file.
8.  If direct contact is impossible due to the child’s location, the following information shall be documented in the State automated case management system indicating: 
a.  The case circumstances, including why the direct contact is not possible.
b.  How the contact shall occur.
c.  How the county department shall monitor progress.
9.  All case contacts by parties designated by the county department, beyond the minimum contacts described above, to provide assessment, treatment and/or monitoring of the parents and children or youth, shall be recorded in the case file. The county department shall have the responsibility to determine that such needed contacts have occurred.
G.  The county department shall provide courtesy supervision services when requested by another county or state when there is court jurisdiction and such services must continue in order to protect the child or youth. In cases where there is no court jurisdiction, the receiving county shall conduct an assessment to determine if services are needed in order to protect the child or youth. Services shall be provided if indicated. Other services include: 
1.  The requirement to utilize Interstate Compact on the Placement of Children (ICPC) procedures to obtain courtesy supervision shall not be used by a county to deny a request from another state to provide assessment of a child’s safety.
2.  When there is court jurisdiction, Interstate Compact on the Placement of Children procedures shall be followed by the sending state in order to obtain courtesy supervision of a case in Colorado.
3.  The contacts requirements in Section 7.202.62, F, shall apply to cases being provided courtesy supervision when there is court jurisdiction and also for voluntary cases for which it is determined that services are indicated.
H.  If a child protection service client for whom services are still needed moves to another county or state, the county or state of current residence should be notified within ten days and provided with written appropriate, relevant information. Change in venue procedures as outlined in Section 7.304.4 (12 CCR 2509-4), shall be followed. If there is no court order for services, the receiving county shall provide outreach and assessment services up to sixty (60) calendar days. If during the sixty calendar days period it is determined that further services are not indicated or the family is unwilling to accept services, the receiving county shall close the case.
I.  All Program Area 5 cases shall remain in that program area as long as the child or youth is at risk for abuse/neglect and the case plan is to reunify the family. Cases on appeal for termination of parent-child legal relationship shall remain in Program Area 5 until the termination is finalized.
7.202.7  SPECIAL CATEGORIES OF INVESTIGATIONS
7.202.71  Assessment of Referrals of Medical Neglect of Infants with Disabilities [Rev. eff. 3/2/13] 

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[Instructions: replace lines 1035211 through 1035221.] 
7.202.72  County Procedures for Assessment of Referrals of Medical Neglect of Infants with Disabilities [Rev. eff. 3/2/13] 
A.  The county department responsible for coordinating the assessment of a referral of medical neglect shall be the county in which the parents of the hospitalized infant reside. If the parent's residence cannot be determined, the county department in which the hospital is located shall assume responsibility.
B.  The county department shall work with medical organizations, hospitals, and health care facilities to implement procedures that ensure a timely response and resolution of referrals of medical neglect. To that end, it shall contact each appropriate health care facility in the county to obtain the name, title, and telephone number of the designated hospital liaison. At least annually, this information is to be updated by the county department. The county department also shall be responsible for coordination with any existing hospital review committees, which may have evaluated and recommended treatment in the case under assessment.
C.  County department staff assigned to the assessment of a medical neglect referral shall make no medical decisions regarding the infant and shall seek an independent medical consultation when indicated.
Should the parent(s) wish to seek a second medical opinion, the county department shall provide referral assistance.
If the county department finds that an independent medical evaluation is necessary to determine the infant's medical prognosis, the county department shall recommend to the parent(s) of an infant with a disability that an independent medical evaluation be done.
D.  In all medical neglect referrals, the county department shall obtain all relevant medical data concerning the child. The county department shall seek a court order to obtain records if the request for such material is refused.
E.  The county department shall advise promptly the State Division of. Child Welfare Services of all medical neglect referrals involving infants with disabilities. The contact persons at the State will be the Child Protection Specialists.
F.  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).
G.  If the county department determines that medically-indicated treatment or palliative care is being or will be withheld, and (1) the child's condition requires an urgent response, or (2) efforts by 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 shall be a request to the court to place temporary custody of the child with the county department to ensure proper medical treatment is provided. The county department shall immediately contact the department's attorney when such a court order is required.
H.  In cases in which the infant has died before the assessment is completed and the county department has reason to suspect that medically indicated treatment was withheld, the matter shall be referred to the law enforcement agency in the location where the child died. 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. 

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[Instructions: replace lines 1035228 through 2338512.] 
7.202.74  Assessment of Medical Neglect in Which Religious Considerations are Involved [Rev. eff. 3/2/13] 
A.  The county department 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 the child's health and welfare.
B.  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 a medical evaluation.
C.  In consultation with medical practitioners, the county department shall consider whether the condition is life-threatening or will result in serious disability without professional medical care.
D.  If the child's condition is determined to be life-threatening or could result in serious physical impairment, the county department shall seek a court order to ensure the provision of the necessary medical care in the event that such care is refused by the parent, guardian, or legal custodian.
E.  Additionally, in those cases in which there is spiritual healing 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.
F.  If it is determined that the situation is life-threatening or will result in serious disability without professional medical care, the county department shall contact the court for an order providing medical treatment for the child.
G.  For purposes of entering founded findings of abuse 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 or dependent unless the child's parent, legal guardian, or custodian inhibits or interferes with the provision of medical services according to court-ordered medical evaluation or treatment.
If a parent, guardian, or legal custodian 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 of social services may file a dependency and neglect petition.
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. 3/2/13] 
"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 conduct a High Risk Assessment of incidents 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. 

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