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Code of Colorado Regulations eDocket
Details of Tracking Number
2021-00576
CCR details
| Tracking Number |
2021-00576 |
| Type of Filing |
Emergency |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
2509 Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) |
| CCR Number |
12 CCR 2509-2 |
| CCR Title |
REFERRAL AND ASSESSMENT |
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Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
26-1-107, C.R.S. (2020); 19-3-216, C.R.S. (2020); 19-3-313.5(3), C.R.S. (2020) |
| Purpose/Objective of Rule |
The charging documents for Child Abuse and Neglect cases Notices of Issues
(NOI) include protected abuse and neglect information and regularly need to
include some level of medical information for the alleged victim because an
element of these cases is to show that the victim was abused or neglected.
Mistreatment often-times involves investigation and diagnosis by a medical
provider. The requirement to include medical information about the alleged victim
in the NOI is in conflict with the state's obligation to protect this information.
Presently, the state may file a motion for a protective order from the court.
However, the Office of Administrative Courts (OAC) currently does not permit the
filing of such a motion prior to the submission of an NOI. As such, NOIs are
routinely filed before the granting of a protection order, which, in turn, releases
information before protection is in place. Additionally, filing motions in all of these
cases creates an undue burden on the Attorney General's office as well as the
OAC which is not a good use of state resources and is inconsistent with the
protection of neglected and/or abused children. The rule change will resolve these
concerns by requiring the OAC to issue protective orders at the time of the NOI.
NOTE: Due to the ongoing COVID-19 situation, it is anticipated that this meeting
will take place entirely online. Please check here for any updates on
location/connection: https://cdhs.colorado.gov/sbhs |
| Basis And Purpose |
BasisAndPurposeAttachment2021-00576.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2021-00576.doc
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| Comments |
CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final
adoption of the proposed rule. Emergency rules (ER) are adopted immediately,
and are permanently adopted at a second hearing, usually the month after the
initial hearing. This hearing adopted ER anticipated to be permanently adopted at the 10/8/2021 meeting SOS#2021-00559. Please check here for any updates on location/connection: https://cdhs.colorado.gov/sbhs |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Contact Name |
Marc Mackert |
| Contact Title |
Director |
| Contact Telephone |
720.512.8814 |
| Contact email |
marc.mackert@state.co.us |
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Adopted rule
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