Tracking# 2006-01135

I:/06070501.rtf
[I:/06070501.doc]

(12 CCR 2509-1)
[Instructions/guidelines:  Insert before line 1035602.]
Revisions to Sections 7.202.4, 7.202.51 through 7.202.56, 7.202.62, 7.301.1, and 7.714.4 were final adoption following publication at the 12/1/2006 State Board meeting, with an effective date of 2/1/2007 (Rule-making #'s 06-7-5-1 and 06-9-25-1). 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 Performance Improvement, Boards and Commissions Division, State Board Administration.
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(12 CCR 2509-3)
[Instructions/guidelines:  replace lines 1034861 through 1035075.]
7.202.4  INITIAL ASSESSMENT [Rev. eff. 2/1/07]
A.  The county department shall have staff available 24 hours a day to receive reports of abuse and neglect, conduct initial assessments of such reports and investigate those reports that are appropriate for child protective services.  Continuously available means the assignment of a person to be near an operable telephone, beeper system, or to have such arrangements made through agreements with the local law enforcement agencies.
B.  The county department shall develop procedures to ensure that those individuals reporting abuse or neglect after-hours are directed to the designated agency for response.
C.  The county department shall provide appropriate referral information to the reporting party in those situations in which there are inadequate grounds to constitute assignment for assessment and investigation.  Either casework or supervisory staff shall inform, whenever possible and appropriate, the reporting party of the decision not to investigate and the reasons for that decision.
D.  The county department shall enter all referrals into TRAILS as outlined in Sections 7.200.6 and 7.200.61, and conduct an initial assessment. The initial assessment shall decide the appropriateness of further investigation.  It shall include, but not be limited to, the following activities:
1.  Checking the State Department's automated system.
2.  Reviewing county department files.
3.  Obtaining information from collateral sources, such as schools, medical personnel, law enforcement agencies, or other care providers.
E.  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 system inquiries.
11.  Date and time intake report received.
12.  Response assessment based upon reporter's information.
13.  Referrals made.
14.  Decision as to investigation response and caseworker's signature (name).
15.  Supervisory approval of the decision and signature.
F.  The county department shall assign a referral for assessment and investigation if it:
1.  Contains specific allegations of known or suspected abuse or neglect as defined in statutes and regulations. A "known" incident of abuse or neglect would involve those reports in which a child has been observed being subjected to circumstances or conditions that would reasonably result in abuse or neglect.  "Suspected" abuse or neglect would involve those reports that are made based on patterns of behavior, conditions, statements or injuries that would lead to a reasonable belief that abuse or neglect has occurred or that there is a serious threat of harm to the child.
2.  Provides sufficient information to locate the alleged victim.
3.  Identifies a victim under the age of 18.
4.  Meets the conditions of #2 and #3 above, results in a third report of suspected child abuse or neglect within a two year period and the two previous reports were not accepted for investigation.  All reports with a child welfare concern occurring in any jurisdiction concerning any child in the family are to be counted towards the three or more reports.
Upon completion of the investigation, the next report of suspected abuse or neglect that is not accepted for investigation shall be counted as number one.
G.  The county department shall ensure that referrals that do not need to be assigned for assessment and investigation are documented in TRAILS with the reasons why further investigation was not needed.  In those reports in which a full investigation is not going to be conducted the supervisor shall approve that decision.
H.  The county department’s decision of how quickly to initiate an investigation is based on specific reported information that is credible and that indicates that a child is in present or impending danger, as defined in Section 7.202.531.
I.  The county department shall assign priority in response time using the following time frames:
1.  Immediate and/or same day response when the report indicates that there may be present danger.  If the report is received after regular business hours, the time frame is immediate and/r up to eight hours.
2.  End of the third calendar day following receipt of the report when the report indicates there may be impending danger.
3.  Within five (5) working days from the date of the report when the report indicates maltreatment or risk of maltreatment and indicates an absence of present or impending danger.  
7.202.5  INVESTIGATION PROCEDURES {Rev. eff. 11/1/98]
The purposes of the intake investigation are to:
A.  Assess and ensure safety;
B.  Assess risk, needs, and strengths of children and families;
C.  Oversee development and coordination of the initial Family Services Plan;  and,
D.  Obtain appropriate resources for children and their families.
7.202.51  Written Procedures [Rev. eff. 2/1/07]
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 reports 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 investigation procedures.
4.  Procedures for independent investigation by either party.
5.  Procedures for 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 competent;
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 editions are incorporated.  Copies of these standards are available from the Colorado Department of Human Services, Child Welfare Division, 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.  Counties are to provide staff a standardized format on which to document protective plans. Documentation of a protective plan is completed with the family and shall include the following:
1.  Description of present danger; and, 
2.  Indication that parents’ willingness and capacity to cooperate is sufficient to proceed; and, 
3.  Description of actions to be taken by family, agency personnel, and others; and, 
4.  Commitment and availability of the person(s) responsible for ensuring the child’s safety; and, 
5.  Timeframes of the plan; and, 
6.  Signatures of parents, caregivers, and others who are included in the plan.
7.202.52  Investigation Requirements [Rev. eff. 2/1/07]
The investigation 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 investigation shall include a face-to-face interview with or observation of the child who is the subject of a report 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.  The interview shall be conducted out of the presence of the suspected person(s) responsible for the abuse or neglect.
C.  The investigation shall determine the names and conditions of any children living in the same place as the child who is the subject of the report.
D.  The person alleged as responsible for the abuse or neglect shall be advised of the report and given an opportunity to respond.
E.  The investigation shall include use of the Safety Intervention Model as described in Section 7.202.53.  To assess for safety, interviews shall be conducted with children, caregivers, family members and other collateral sources to gather information that is relevant for determining present and impending danger.  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.  A visit to the child's place of residence or place of custody shall be completed as part of the investigation 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 investigator to determine the truth of the allegations.
G.  The investigation shall include consideration of ethnic, religious, accepted work-related practices of agricultural communities, and accepted child-rearing practices of the culture in which the child participates.
H.  Colorado Family Risk Assessment
1.  The investigation shall include the Colorado Family Risk Assessment that:
a.  determines risk for future abuse or neglect.
b.  aids in determining if case services should be provided beyond the initial 30 day investigation/assessment.
c.  if the case is opened beyond investigation, helps target the appropriate level of services.
2.  The Colorado Family Risk Assessment is required for all Program Area 5 cases being investigated, except:
a.  institutional abuse investigations.
b.  third party investigations.
c.  fatality investigations when there are no surviving siblings.
d.  when caregivers have abandoned the child.
e.  when the investigation determined no basis for the allegations.
3.  The Colorado Family Risk Assessment shall address the following factors:
a.  current type of allegation,
b.  previous child welfare investigations, services, and placement,
c.  number of children in household,
d.  age of youngest child in household,
e.  primary caregiver’s description of incident,
f.  primary caregiver’s provision of physical care or supervision,
g.  caregiver(s) use of alcohol and controlled substances,
h.  characteristics of children in the household,
i.  recent or historical domestic violence in the household,
j.  caregiver(s)’ history of homelessness and mental health treatment,
k.  primary caregiver’s history of abuse or neglect as a child,
l.  caregiver(s) use of excessive/inappropriate discipline,
m.  caregiver(s) involvement in disruptive/volatile adult relationships.
4.  The risk assessment documentation is to be completed within 30 calendar days from the date the investigation/assessment was assigned which is at or before completion of the child protective services investigation.
I.  All of the information resulting from the investigation shall be documented in the case file as a summary of investigation findings, along with any specific evidence gathered, such as photographs or videotapes.
J.  At the time of a new referral, the county department shall specifically review the case history of any case with four or more reports of abuse/neglect occurring in any jurisdiction concerning any child in a family.
Each report is to be reviewed in terms of actions taken and services provided.  The review shall be documented in the file on the investigation summary form. The supervisor is to ensure that the review and the documentation have occurred.
The county department shall have a procedure to identify, track, and record cases with a history of four or more reports of abuse/neglect.
K.  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.
L.  Taking children into custody - See Section 19-3-401, C.R.S.
M.  Upon completion of an investigation, the county department shall consider a report confirmed if there is a preponderance of evidence to support that abuse occurred.
N.  For purposes of investigation, 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 report 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 investigation 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 investigation, 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 [Eff. 2/1/07]
A.  The Safety Intervention Model is the action and decisions required throughout CPS involvement to:
1.  Identify and assess threats to child safety; 
2.  Plan for an unsafe child or children to be protected; 
3.  Facilitate caregivers in taking responsibility for child protection; and, 
4.  Manage plans designed to assure child safety while a safe and permanent home is established. 
B.  A child’s safety must be considered during intervention with families at the following key decision points: 
1.  At the initiation of an assessment, upon first contact with an alleged child victim and family; 
2.  Following a new child protection referral prior to the completion of the assessment; 
3.  The conclusion of an assessment and promptly upon opening a child protection case; 
4.  Whenever there is a new CPS referral on an open CPS case or there is a significant change in family circumstances or situation that might pose a new or renewed threat to child safety; 
5.  Prior to reunification on an open ongoing CPS case; 
6.  Prior to changing the permanency goal on an open CPS case; and, 
7.  Prior to supervisory approval for closing a CPS case. 
7.202.531  Definitions [Eff. 2/1/07]
A.  “Colorado Safety Assessment” refers to the instrument in TRAILS that guides a case worker through a safety assessment process. 
B.  “Impending danger” refers to threats to child safety that are based on specific referral information or a more thorough evaluation of individual and family conditions that create an immediate threat to child safety in the near future. 
C.  “Present danger” refers to an immediate, significant and clearly observable threat to child safety that is actively occurring or in process of occurring at the point of contact with a family and will likely result in severe harm to a child. 
D.  “Protective plan” refers to a written plan designed to provide immediate protection of a child and that is put in place upon the initial contact during the assessment or at anytime present danger is identified during the safety and assessment process prior to the completion of a safety assessment. 
E.  “Safety plan” refers to a written arrangement between the family, safety service providers, and the county department that establishes how impending danger to a child will be controlled and managed. 
7.202.532  Child Safety at Initiation of Assessment [Eff. 2/1/07]
A.  At the point of first contact with the alleged child victim(s), assessment shall focus immediately on whether there are threats to child safety that are actively occurring (known as present danger). Upon making face-to-face contact with the alleged child victim and caregiver(s), the caseworker shall evaluate and determine if a child is in present danger.
B.  If the child is in present danger, the caseworker shall initiate a safety response and shall:
1.  Implement an immediate protective plan to manage present danger unless out-of-home placement is required as described below. The immediate protective plan shall include reasonable means by which child safety can be assured while the overall safety assessment continues. See Section 7.202.51, C, outlining the required format on which to document protective plans. Documentation of a protective plan shall be completed with the family.
2.  Implement out-of-home placement (see Section 7.304, et seq., 12 CCR 2509-4), in which case no protective plan will be documented. 

7.202.533  Parameters for Use of the Colorado Safety Assessment [Eff. 2/1/07]
A.  Completion of the Colorado Safety Assessment is required: 
1.  At the conclusion of an investigation or assessment including when there are new allegations on an open ongoing child protective services case; or, 
2.  Whenever there is a significant change in family circumstances or situations that might pose a new or renewed threat to child safety; or, 
3.  Prior to reunification on an open CPS case; and, 
4.  Prior to supervisory approval for closing a CPS case.
B.  Completion of the Colorado Safety Assessment is required for all Program Area 5 reports being investigated or assessed, except:
1.  Institutional abuse investigations.
2.  Third party investigations.
3.  Fatality investigations when there are no surviving siblings.
4.  When caregivers have abandoned the child.
C.  The Colorado Safety Assessment shall be documented in the State's automated system no later than thirty (30) calendar days from the date the investigation/assessment was received.
7.202.534  The Colorado Safety Assessment [Eff. 2/1/07]
A.  The Colorado Safety Assessment provides fifteen (15) safety concerns to assess for impending danger.  The fifteen standardized safety concerns shall be used to analyze whether conditions within the family are threats to child safety that could result in severe harm.  The fifteen standardized safety concerns are as follows: 
1.  Caregiver(s) in the home is out of control and/or violent.
2.  Caregiver(s) describes or acts toward child in predominately negative terms and/or has unrealistic expectations likely to cause severe harm.
3.  Caregiver(s) has caused harm to the child or has made a credible threat of severe harm.
4.  Caregiver(s)’ explanations of severe injuries present are unconvincing.
5.  The caregiver(s)refuses access to the child or there is reason to believe that the family will flee.
6.  Caregiver(s) is unwilling or unable to meet the child's immediate needs for food, clothing, and shelter, which is likely to result in severe harm. 
7.  Caregiver(s) is unwilling or unable to meet the child's moderate to severe medical or mental health care needs.
8.  Caregiver(s) has not or is unable to provide sufficient supervision to protect child from potentially severe harm.
9.  Child is fearful of caregiver(s), other family members, or other people living in, or having access to, the home.
10.  Child's physical living conditions seriously endanger the child’s immediate health.
11.  Caregiver(s)’ alleged or observed substance use may seriously affect ability to supervise, protect or care for the child.
12.  Child sexual abuse is suspected and circumstances suggest that child safety is of immediate concern. Caregiver(s)' alleged or observed emotional instability or developmental delay seriously affects his/her ability to supervise, protect, or care for the child.
13.  Caregiver(s)’ alleged or observed emotional instability or developmental delay seriously affects his/her ability to supervise, protect, or care for the child.
14.  Domestic violence exists in the home and places the child in danger of physical and/or emotional harm.
15.  Caregiver(s) has previously abused or neglected a child or is suspected of such, and the severity of the past maltreatment or caregiver’s response to previous intervention suggests impending danger to the child. 
B.  The list of safety concern definitions shall be referenced when assessing threats to child safety and prior to checking safety concerns in the Colorado Safety Assessment. 
C.  The following four (4) impending danger criteria must be present to determine that a safety concern exists. Meeting these criteria indicates that the family’s behavior, condition or situation directly threatens the safety of a child and could reasonably result in severe harm to the child. 
1.  The threat to child safety is specific and observable.
2.  The threat or conditions reasonably could result in severe harm to a child. 
3.  The caregiver(s) is unable to control conditions and behavior that threaten child safety.
4.  The potential that a child could experience severe harm is imminent, which means that it could occur at any point in the near future.
D.  Safety Assessment Conclusion
1.  If none of the fifteen (15) safety concerns are identified at the conclusion of the safety assessment process, then there is no impending danger to a child and no further safety intervention is required. Although risk issues may be identified, the assessment may be closed and further intervention is a county option.
2.  If one or more of the fifteen (15) safety concerns are identified, then it is necessary to consider the child’s vulnerability to determine if there is impending danger.
3.  If an assessment does not determine that there is a vulnerable child in the home, then there is not a threat to child safety and no further safety intervention is necessary. Although risk issues may be identified, the assessment may be closed and further intervention is a county option.
4.  If an assessment indicates that there are one or more safety concerns and there is a vulnerable child in the home, then it is concluded that impending danger is present and an evaluation must be made regarding caregiver protective capacities to manage and address safety concerns.
E.  Determining Caregiver Protective Capacity and Making the Safety Decision 
1.  Caregiver protective capacities shall be evaluated for the purpose of determining if a caregiver and/or other responsible adult in the home has the capacity and willingness to manage and/or mitigate impending danger and assure the child’s protection.
2.  If it is determined that a caregiver is capable and willing to manage impending danger and assure child safety, then the safety decision is that children are “safe” and no further safety intervention is necessary.
3.  If an immediate protective plan was implemented prior to the completion of the safety assessment, the protective plan Is no longer in effect.
4.  If emergency out-of-home placement occurred prior to the completion of the safety assessment, efforts should be made to return responsibility for the child’s safety back to caregiver(s) by seeking prompt reunification. 
5.  If it is determined that the caregiver(s) is incapable and/or unwilling to sufficiently manage impending danger and assure child protection, then the safety decision is that children are unsafe and further safety intervention analysis and planning are necessary.
F.  Safety Intervention Analysis to Determine Whether to Place in Out-of-Home Care or Develop an In-Home Safety Plan [Eff. 2/1/07]
1.  In selecting the level of effort and intervention required to manage safety concerns, in-home safety planning shall be considered first.
2.  To determine whether an in-home safety plan can sufficiently manage the safety concerns, consider and document how the following are met: 
a.  The home environment is stable enough to support an in-home safety plan;
b.  Caregivers are willing to accept and cooperate with the use of an in-home safety plan; and,
c.  Resources are accessible and the level of effort required is available to sufficiently control safety concerns.
3.  If in-home safety planning is not a sufficient option to handle safety concerns, then a combination of in-home and out-of home safety management shall be considered. Out-of-home safety management shall be implemented only if these levels of intervention are not sufficient.  
7.202.535  Safety Planning and Documentation [Eff. 2/1/07]
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 impending danger safety concerns.
B.  A safety plan shall be developed for all other situations in which the safety intervention analysis has indicated that an in-home safety plan can sufficiently control safety concerns. It shall be documented in the state's automated system. All children in the household assessed to be unsafe shall be included in one plan. 
C.  All safety plans must 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.  Activities that correspond to each specific safety concern and describe the frequency of 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's automated system by the conclusion of the investigations or assessment.
7.202.54  Institutional Abuse or Neglect Investigations [Rev. eff. 2/1/07]
Institutional abuse or neglect investigations shall:
A.  Include those reports of child abuse or neglect by staff in any private or public facility that provides out-of-home child care, including 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 investigated accordingly.
C.  Be the responsibility of the county department of social services in which the facility named in the report is located.
D.  Be conducted in those cases in which an allegation of abuse or neglect is made. A report of a minor injury resulting from physical restraint shall not, by itself, require a full investigation unless there are surrounding circumstances that would indicate abusive or neglectful behavior by the care provider. Such circumstances include those reports in which someone is specifically alleging the behavior to be abusive or those reports 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 investigation 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.  Be initiated within 24 hours to determine the child/ren's safety. Children must be seen within 24 hours.
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 initial assessment 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 you are obtaining this information.
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) responsible for the abuse or neglect.
I.  Be investigated 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 investigating workers shall determine if there are other victims not named in the report 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.
a.  Shall be notified immediately if there are safety issues or if an injury requires medical treatment.
b.  Shall be notified following completion of investigation if the child in their custody was the subject of a report or if the investigation 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 investigation indicates there is an immediate threat to the child/ren's health, safety, or welfare.
3.  Parents/Legal Guardians of alleged victim(s)
a.  Shall be notified by the custodial counties when alleged abuse occurs in out-of-home care setting.
b.  Shall be notified by the investigating county when there is no custodial county.
c.  Shall be notified by investigating county when alleged abuse occurs in less than 24 hour child care with notification provided prior to an interview with child/ren, where possible.
d.  Notification shall include that an investigation is being or has been conducted on a report of abuse and/or neglect, nature of the alleged abuse and the findings of the investigation.
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 24 hour licensed child care settings shall be given notice of an investigation within 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 investigation is at the level of a medium, severe, or fatal incident of abuse or neglect, as defined by rule at Sections 7.202.6, F and 7.202.602, A, or involves sexual abuse;
b.  The State Department or county department has made a determination that notice to the parents or legal guardians of the uninvolved children is essential to the investigation of the specific allegation or is necessary for the safety of children cared for at the facility; and,
c.  The State Department or county department has documented in writing the basis for the determination, 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 investigation 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 investigating county within 60 calendar days after the initial receipt of the report of child abuse or neglect:
1.  To the facility administrator/director and the agency with licensing/certifying authority.
2.  To the Institutional Abuse Team when the incident involves a 24-hour care facility.
3.  To the same custodial counties as required in Subsection J, 1, above.
4.  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 investigation 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.
7.202.55  Third Party Abuse or Neglect Report Requirements [Rev. eff. 2/1/07]
Third party abuse or neglect reports shall:
A.  Include any reports of 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 cases in which the abuse or neglect was by a third party age ten or over.
In those cases in which the person allegedly responsible for an incident of child abuse or neglect is under the age of 10, the county department shall be the agency responsible for the investigation. The investigation shall focus on whether abuse occurred, and if so, identifying the service needs of the victim. In addition, it shall assess whether the person allegedly responsible for child abuse or neglect has been the victim of abuse, and if so, what interventions are 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 confirmed report of child abuse or neglect into the State Department's automated system pursuant to Section 7.202.6.
7.202.56  Conclusion of Investigation [Rev. eff. 2/1/07]
A.  An investigation shall be completed within 30 calendar days of date the investigation/assessment was assigned, unless there are circumstances which have prevented this from occurring. Such circumstances shall be documented in the case record.
B.  Upon completion of an investigation, the county department shall report the outcome of the investigation on the Department's automated reporting system.
C.  Services provided beyond 60 calendar days of the receipt of the report shall be open for services based on either court involvement or the family's agreement to accept services.
D.  Regardless of the outcome of the investigation and as allowable by law, the county department shall notify:
1.  The involved child's family of the outcome of the investigation;
2.  The person alleged to be responsible for the abuse or neglect of the outcome of the investigation; and,
3.  Where applicable, its local licensing unit, the director or administrator of the facility, the agency with licensing or certifying authority and the State Department of Human Services' Division of Child Welfare and Division of Child Care, if the abuse or neglect investigation involved a state-licensed or county-certified facility.

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(12 CCR 2509-3)
[Instructions/guidelines:  replace lines 1036099 through 1035170.]
7.202.61  Provision of Ongoing Child Protection Services [Rev. eff. 11/1/98]
A county department of social services receiving 50 or more reports 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 [Rev. eff. 2/1/07]
A.  Ongoing child protection services shall be based on the safety and risk issues identified in the family social history and assessment summary in the Family Services Plan. Services shall be provided to protect the child(ren) from further abuse or neglect and to preserve the family, when this can safely be accomplished. When the family from whom the child(ren) were removed cannot safely be preserved, services shall be provided that preserve the child(ren)'s continuity within the extended family and/or home community when feasible. When the child(ren) cannot safely return to the family from whom they were removed, services shall be provided to achieve an alternative permanent plan.
B.  The county department shall complete the safety assessment consistent with requirements outlined in Section 7.202.53.

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(12 CCR 2509-4)
[Instructions/guidelines:  replace lines 1187804 through 1010648.]
7.301.1  ASSESSMENT [Rev. eff. 2/1/07]
The Colorado Assessment Continuum (CAC) will be utilized throughout the case. The CAC includes the:
A.  Safety assessment and plan (see Section 7.202.53).
B.  Risk assessment (see Section 7.202.52, H).
C.  Risk re-assessment (see Section 7.202.62, C).
D.  Needs assessment (North Carolina Family Assessment Scale - Reunification (NCFAS-R); see Section 7.301.1, D).
Safety assessment, risk assessment, and needs assessment are ongoing processes throughout the life of the case. Safety, risk and needs assessments, as defined in this manual, shall be completed for each case accepted by the county department and shall be the basis for case planning.
A.  The family shall be involved in all phases of assessment and case planning.
B.  Assessment tools or resources available through community agencies shall be incorporated in the assessment, based on the culture, ethnicity and other needs of the family.
C.  As a result of this assessment/evaluation, the caseworker and family shall identify the family's current risk and needs, to include level of functioning, areas of strengths and weaknesses, specific problems to be addressed, and changes that must occur to remedy the problems that brought the family to the agency. The following information shall be included in the assessment documented in the Family Services Plan:
1.  Reason for intervention and/or conditions giving rise to the abuse/neglect or the parent/child conflict, and effects on the child(ren), family, or community.
2.  Safety needs of the child(ren), family, and/or community.
3.  Family's perception of the problem, including its understanding of why Child Welfare is involved, and the family's view of what needs to change.
4.  Family strengths.
5.  Family social support system.
6.  Child(ren)'s history, including children's role(s) in family, age(s), emotional, physical, social, developmental history and milestones.
7.  Family environment and overall functioning, including physical environment of the housing/neighborhood, family composition, stability, stresses, parenting skills, discipline methods and relationships.
8.  Education and employment of child(ren)/youth(s) and/or parent(s)/other relevant family members.
9.  Culture/religion/ethnicity and how these affect the needs of the child(ren).
10.  History of abuse/neglect and domestic violence.
11.  Medical/mental health needs and history of treatment of child(ren) and parent(s), including medications, hospitalizations/placements, immunizations and current functioning.
12.  Substance abuse history by any family member.
13.  History of court involvement with child(ren) and/or parent(s).
14.  Additional information, including plans for obtaining any further evaluations needed
D.  The North Carolina Family Assessment Scale - Reunification (NCFAS-R) shall constitute the needs assessment, which is one of the Colorado Assessment Continuum instruments. The purposes of the NCFAS-R are:
1.  To assist with effective Family Services planning by identifying the most needed types of services based on the assessed needs.
2.  To measure where change in child and family functioning has occurred as a result of services delivered.
3.  To measure to the child welfare outcomes of safety, permanency, and well-being.
E.  The NCFAS-R shall be completed for all Program Area 5 cases accepted by the county department for ongoing services for which the permanency goal is reunification or maintenance of the child in his/her own home and where the department or its agent is working with the family system. It shall be optional for Program Area 4 and 6 cases.
F.  The NCFAS-R will be used at least twice during the lifetime of the case and shall be completed by the caseworker providing direct services who best knows the family. It shall be completed.
1.  When a decision has been made that services will continue beyond the investigation/assessment. It shall be completed within 60 calendar days of the date the investigation/assessment was assigned, by the caseworker or the department's agent responsible for developing the family's case plan and serve as a basis for the Family Services Plan.
2.  In the case management phase, as a part of the decision-making process at the point at which the case is to be closed.
G.  The areas rated as the highest strengths and those rated as the greatest needs on the NCFAS-R at the time of the first assessment shall be addressed in services and objectives identified in the Family Services Plan.
H.  The same worker shall complete the initial and final NCFAS-R if possible. If this is not possible, and multiple workers have competed the NCFAS-R, a staffing shall occur between all relevant workers to discuss the ratings.