Tracking #2008-0xxxx
Emergency 11/7/08, eff. 11/7/08

(Tracking #2008-00902
Final 11/7/08, eff. 1/1/09)

I:/08070101.rtf
[I:/08070101F.doc]

(12 CCR 2509-1)

[Instructions: insert all three paragraphs before line 1517769.]
Revisions to Sections 7.202.3, 7.202.4, 7.202.5, 7.202.53 through 7.202.535, and 7.202.62 were adopted as emergency at the 11/7/2008 State Board meeting (Rule-making# 08-7-1-1), with an effective date of 11/7/2008. 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, Division of Boards and Commissions, State Board Administration. 
Revisions to Sections 7.202.3, 7.202.4, , 7.202.5, 7.202.53-7.202.535, and 7.202.62 were final (permanent) adoption of emergency rules at the 11/7/2008 State Board meeting (Rule-making# 08-7-1-1), with an effective date of 1/1/2009. 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, Division of Boards and Commissions, State Board Administration.
Revisions to Sections 7.304.62 and 7.406.1 were final adoption following publication at the 11/7/2008 State Board meeting (Rule-making# 08-8-27-1), with an effective date of 1/1/2009. 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, Division of Boards and Commissions, State Board Administration. 

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(12 CCR 2509-3)

[Instructions: replace lines 1504375 through 1504389.]
7.202.3  DEFINITIONS [Rev. eff. 11/7/08]
Child abuse or neglect is defined in Section 19-1-103(1), C.R.S. 
The following terms shall be defined as: 
A.  “Colorado Safety Assessment Instrument” refers to the instrument in the automated case management system that guides a case worker through a safety assessment process. 
B.  “De novo” means that the issue is reviewed once again as if the appeal were the first review. 
C.  “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 confirmed report 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 system for purposes of future safety and risk assessments. 
D.  “Founded report” means that the child abuse or neglect investigation established that an incident(s) of child abuse or neglect has occurred, by a preponderance of evidence. 
E.  “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. 
F.  “Inconclusive report” means that there was some likelihood that abuse or neglect occurred but the child abuse or neglect investigation could not obtain the evidence necessary to make a founded report of child abuse or neglect. 
G.  “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. 
H.  “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. 
I.  “Moderate to severe harm” refers to the consequence of maltreatment at a level consistent with a medium, severe or fatal level of physical abuse, sexual abuse or neglect, as defined in Section 7.202.601. 
J.  “Preponderance of evidence” means credible evidence, put forth by either party that the claim is more probably true than false. 
K.  “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. 
L.  “Safety plan” refers to a written plan that: 
1.  Establishes protection for the child; 
2.  Is made by the family, safety service providers, and the county department; 
3.  Does not rely on the person responsible for abuse or neglect to initiate protective actions in order for the plan to be operationalized. 
M.  “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. 
N.  “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, as defined in this section. 
O.  “Threat of moderate to severe harm” relates to conditions, behaviors or attitudes that could result in moderate to severe harm. 
P.  “Unfounded report” means that the child abuse or neglect investigation showed there is clear evidence that no incident of child abuse or neglect occurred. 
Q.  “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  REFERRAL PROCEDURES [Rev. eff. 11/7/08]

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[Instructions:  replace lines 1504424 through 1207748.]
G.  If a county department receiving a referral determines that another county has responsibility, the receiving county department shall forward the referral to the responsible county department by telephone and fax and by entering the referral into the automatic case management system. The sending county department shall contact the receiving county to verify receipt of the referral within the required response time.  The timeframe for meeting response time requirements begins when the initial county receives the referral. 
H.  The county department shall ensure that referrals that do not need to be assigned for assessment and investigation are documented in the automated case management system with the reasons why further investigation was not needed. In those reports in which a full investigation is not going to be conducted the supervisor shall approve that decision. 
I.  The county department’s decision of how quickly to initiate an investigation is based on specific reported information that is credible and that indicates whether a child may be unsafe or at risk of harm. 
J.  The county department shall assign priority in response time using the following criteria: 
1.  Immediate and/or same day response is required when the report indicates that: 
a.  Without immediate response, the child is in danger of moderate to severe harm, or
b.  The child’s vulnerability 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. 
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 that: 
a.  Without a response within three days, the child is in danger of moderate to severe harm, or 
b.  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 report is received when the report indicates maltreatment or risk of maltreatment to a child and indicates an absence of safety concerns. 
7.202.5    INVESTIGATION/ASSESSMENT PROCEDURES   [Rev. eff. 11/7/08]
The county department shall: 
A.  Assess for safety and take action to secure safety, if indicated; 
B.  Assess risk, needs, and strengths of children and families; 
C.  Determine the disposition of founded, inconclusive or unfounded, as an outcome of the investigation/assessment; and, 
D.  Obtain appropriate resources for children and their families. 

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[Instructions:  replace lines 1207828 through 1207918.]
7.202.53    Safety Intervention Model  [Rev. eff. 11/7/08]
The Safety Intervention Model is defined as the actions and decisions required throughout CPS 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. 11/7/08]
A.  At the point of first contact with the alleged child victim(s), the investigation/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. 
7.202.532  Parameters for Use of the Colorado Safety Assessment Instrument [Rev. eff. 11/7/08]
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; 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 Instrument 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. 
5.  When there is clear evidence, upon initial contact with the alleged victim and person alleged to be responsible for abuse or neglect that no incident of child abuse or neglect occurred. The reasons for making this determination shall be documented in the automated case management system. 
C.  The responses to the Colorado Safety Assessment Instrument shall be documented in the 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 investigation/assessment was received. 
7.202.533  The Colorado Safety Assessment Instrument [Rev. eff. 11/7/08]
A.  The following safety threshold criteria must be present to determine that a safety concern exists. Meeting these criteria indicates that the family’s behavior, condition or situation threatens the safety of a child. 
1.  The threat to child safety is specific and observable. 
2.  Conditions reasonably could result in moderate to severe harm to a child. 
3.  This harm is likely to occur if not resolved. 
4.  A child is vulnerable to the threat of harm due to his/her age, developmental level, cognitive impairment, physical disability, illness, ability to communicate, ability to meet basic needs, or similar factors. 
5.  The caregiver(s) is unable to control conditions and behavior that threaten child safety. 
B.  County departments shall assess for child safety using the fifteen (15) standardized safety concerns. 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 moderate to severe harm. 
3.  Caregiver(s) has caused harm to the child or has made a credible threat of harm. 
4.  Caregiver(s)’ explanations of 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. 
7.  Caregiver(s) is unwilling or unable to meet the child's significant medical or mental health care needs. 
8.  Caregiver(s) has not or is unable to provide sufficient supervision to protect child from potentially moderate to 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 and safety. 
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. 
13.  Caregiver(s)’ alleged or observed emotional instability, developmental delay or cognitive impairment 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 the child may be unsafe. 
C.  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 Instrument. 
D.  Safety Assessment Conclusion 
1.  If none of the fifteen (15) safety concerns are identified at the conclusion of the safety assessment process, then it is reasonable to conclude that the child is safe and no further safety intervention is required. 
2.  If assessment of the child and family determines that the child is safe and 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 the caregiver(s). 
3.  If assessment of the child and family determines that the child is unsafe, analysis and planning are necessary. 
4.  The caregiver protective capacity shall be assessed to determine whether a caregiver has the capacity and willingness to assure the child’s protection and, if so, no further safety intervention is necessary. If the caregiver is unwilling or the protective capacity is insufficient to assure the child’s protection, then further analysis and planning are necessary. 
E.  Safety Intervention Analysis 
To determine whether an in-home safety plan can sufficiently manage the safety concerns, consider and document how the following are met: 
1.  The home environment is stable enough to support an in-home safety plan; 
2.  Caregivers are willing to accept and cooperate with the use of an in-home safety plan; and, 
3.  Resources are accessible and the level of effort required is available to sufficiently control safety concerns without it being necessary to rely on the person responsible for abuse/neglect to initiate protective actions. 
7.202.534  Safety Planning and Documentation [Rev. eff. 11/7/08]
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 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 automated case management system within thirty (30) calendar days from the date the referral was received. 

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[Instructions:  replace line 1391261.] 
7.202.62  Provision of Ongoing Child Protection Services (CPS) [Rev. eff. 11/7/08]

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[Instructions:  replace lines 1391269 through 1035181.] 
E.  The county department shall complete the Colorado Family Risk Assessment prior to case closure on all Program Area 5 cases for which remaining at home or reunification was the permanency goal identified in the automated case management system. The Colorado Family Risk Assessment shall be documented in the automated case management system and address the following factors: 
1.  Prior investigations;
2.  Household has previously received child protective services;
3.  Number of children in the household; 
4.  Age of youngest child in the household; 
5.  New CPS substantiated or inconclusive investigation 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;
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 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. The NCFAS/NCFAS-R shall be used to measure the degree of change in the identified risk areas. 
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 automated case management system of at least one monthly contact shall summarize progress toward these goals. In child protection cases in which the children remain in the home and in child protection cases in which the children are placed out of the home, the county department shall have face-to-face and telephone contact with the children 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. 
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