12 CCR 2509-2-7.103 - Receipt Of Referral Alleging Intrafamilial Or Third Party Abuse And/Or Neglect And/Or A Youth In Conflict- Information To Be Gathered
A. Upon receipt of a report alleging
intrafamilial or third party abuse and/or neglect, and/or a youth in conflict,
the county departments or the Hotline County Connection Center shall gather and
document the following information, when available.
1. Reporting party's:
a. Name;
b. Address;
c. Telephone number;
d. Reporter type; and
e Relationship to the alleged victim
child(ren)/youth and/or a youth in conflict.
2. Alleged victim child(ren)/youth's and/or a
youth in conflict:
a. Name;
b. Address;
c. Current specific location;
d. School or child care (if
applicable);
e. Birth date(s) or
estimated age(s);
f. Information as
to whether or not the child(ren)/youth have American Indian or native Alaskan
heritage, and if so, the tribal affiliation; and
g. Any developmental delays, physical
disabilities, competency or cultural considerations.
3. Family and household members:
a. Names;
b. Birth date(s) or estimated
age(s);
c. Relationship to each
other;
d. Relationship to the
alleged victim child(ren)/youth and/or a youth in conflict; and e. Any
developmental delays, physical disabilities, competency or cultural
considerations.
4.
Person(s) alleged to be responsible for the abuse and/or neglect:
a. Name;
b. Birth date(s) or estimated
age(s);
c. Present
location;
d. Current or last known
address;
e. Relationship to the
alleged victim child(ren)/youth; and
f. Any developmental delays, physical
disabilities, competency or cultural considerations.
5. Narrative describing the presenting
problems and specific allegations of the abuse and/or neglect, including but
not limited to:
a. When it occurred;
b. Location;
c. Witness(es) of the incident; and
d. Description of any injury that was
sustained.
e. When substance exposed
newborn is a referral reason, the county departments or the hotline county
connection center shall ask the Colorado Plan of Safe Care enhanced
questions.
6. The date,
time, and location the alleged victim child(ren)/youth and/or a youth in
conflict were last seen by the reporting party.
7. The nature of any other environmental
hazards in the home which may impact child(ren)/youth or worker
safety.
8. The name and contact
information of any individuals who may have information about the referral,
and/or the identity and contact information of collateral agencies and
individuals involved with the family.
9. Date and time referral received.
10. Family strengths and supports, and/or
other protective factors or actions taken.
B. If at any point during the referral
process, a county department becomes aware of an allegation that a
child(ren)/youth is, or may be, a victim of sex trafficking, the county
department shall:
1. Report immediately, and
no later than twenty-four (24) hours from when the county department becomes
aware, to the local law enforcement agency; and,
2. Document the details of the report to law
enforcement in the comprehensive child welfare information system.
C. If at any point during the
referral process when the reporting party is a runaway and homeless youth
provider, and a county department becomes aware that a youth is experiencing
homelessness, has run away, or is unaccompanied and is seeking shelter, then
the county department shall gather and document the following information:
1. Does the provider believe there is a
reasonable plan in place to keep the child or youth free from harm, and, if
not, what the provider believes would prevent harm,
2. Has the shelter provider notified
parent(s)/guardian(s) and, if so, what is their response; and
3. When did intake of the child or youth
occur and how many days are left in the 21-day shelter period allowable
pursuant to section
26-5.7-107, C.R.S.
7.103.1
Jurisdiction for
Referrals Concerning Intrafamilial and Third-Party Abuse and/or Neglect [Eff.
1/1/15]
A. The county department with
jurisdiction for responding to a referral concerning intrafamilial or
third-party abuse is the department for the county in which the alleged victim
child(ren) resides the majority of the time except when custody of the alleged
victim child(ren) is shared equally between caregivers. When custody is shared
equally between caregivers, the county department with jurisdiction is the
department for the county in which the person(s) alleged to be responsible for
the abuse and/or neglect reside, if known.
B. When a family is homeless as defined in
42 U.S.C. Section
11302, the county department with
jurisdiction is the department for the county in which the alleged victim
child(ren)'s primary nighttime residence is located.
C. If the jurisdiction is unable to be
determined by A or B, above, the county department with jurisdiction is the
department for the county in which the alleged victim child(ren) are currently
present, as set forth in Section
19-3-201, C.R.S.
D. County departments shall use available
resources to determine jurisdiction including, but not limited to:
1. Colorado benefits management
system;
2. Alleged victim
child(ren)'s school or daycare;
3.
History within the state automated case management system;
4. Colorado courts;
5. Where services may be provided.
7.103.11
Transfer of
Jurisdiction [Eff. 1/1/15]
A. If the
county department that receives a referral determines that another county
department has jurisdiction, the county department that received the referral
shall:
1. Gather and document all information
as available in Section 7.103.1, A;
2. Gather and document all information
necessary to determine jurisdiction; and
3. Contact the county determined to have
jurisdiction within the following timeframes:
a. If the referral is assigned an immediate
response, within four (4) hours of determining jurisdiction.
b. If the referral is assigned either a three
(3) day or five (5) day response, within one (1) business day of determining
jurisdiction.
B. The county determined to have jurisdiction
shall screen the referral.
C. When
the county department that received the referral makes a decision based upon
the referral prior to determining jurisdiction, the county department
determined to have jurisdiction shall uphold that decision including assignment
and response time, unless:
1. Additional or
new information is gathered by the county department determined to have
jurisdiction.
2. The additional or
new information shall relate to the safety of the child.
3. The child welfare or county department
director of the county department determined to have jurisdiction overrides the
decision.
4. The authorization,
information, and justification for any change shall be documented in the
referral notes.
D. If an
immediate response is necessary, the county department where the child is
located at the time of the referral is the responsible county department while
jurisdiction is determined.
7.103.2
RECEIPT OF REFERRAL ALLEGING
INSTITUTIONAL ABUSE AND/OR NEGLECT - INFORMATION TO BE GATHERED [Eff.
8/1/17]
A. Upon receipt of a report
alleging institutional abuse and/or neglect the county departments or the
Hotline County Connection Center shall gather and document the following
information when available.
1. Reporting
party's:
a. Name;
b. Address;
c. Telephone number;
d. Reporter type; and,
e. Relationship to the alleged victim
child(ren)/youth.
2.
Alleged victim child(ren)/youth's:
a.
Name;
b. Address;
c. Current specific location;
d. School or child care (if
applicable);
e. Birth date(s) or
estimated age(s);
f. Any
developmental delays, physical disabilities, competency or cultural
considerations; and,
g. Primary
language.
3. Narrative
describing the presenting problems and specific allegations of the abuse and/or
neglect, including but not limited to:
a.
Time and date;
b.
Location;
c. Witness(es) of the
incident;
d. If any injury was
sustained;
e. Provision of medical
treatment, and if no medical treatment has been provided whether in reporter's
opinion the injury sustained requires medical services; and,
f. Provider's actions or omissions in
relation to the incident.
4. Person(s) alleged to be responsible for
the abuse and/or neglect:
a. Name;
b. Birth date(s) or estimated
age(s);
c. Present location;
1. If the person(s) is a staff person(s),
determine if the person(s) has been moved to a non-child contact role, and/or
separated from the alleged victim child(ren)/youth.
2. If the person(s) is another resident,
determine where he/she is in relation to the alleged victim
child(ren)/youth.
d.
Current or last known address;
e.
Any developmental delays, physical disabilities, competency or cultural
considerations; and,
f. Telephone
number.
5. Institution
where the incident occurred:
a.
Name;
b. Address;
c. Telephone number;
d. Whether the institution has been notified
of the allegation; and,
e. Any
actions taken by the institution.
6. Parent(s)/guardian(s) of the alleged
victim child(ren)/youth:
a. Name;
b. Address;
c. Telephone number; and,
d. Whether the parent(s)/guardian(s) have
been notified.
7.
Determine who has legal custody of the alleged victim child(ren)/youth. When a
county department or other state holds legal custody;
a. Obtain the agency's name, telephone number
and/or staff representative's name and telephone number; and,
b. Whether the institution has completed
notification of the custodial county/agency.
8. Date and time referral received.
B. If at any point during the
referral process, a county department becomes aware of an allegation that a
child(ren)/youth is, or may be, a victim of sex trafficking, the county
department shall:
1. Report immediately, and
no later than twenty-four (24) hours from when the county department becomes
aware, to the local law enforcement agency; and,
2. Document the details of the report to law
enforcement in the state automated case management system.
7.103.21
Jurisdiction for Referrals
Concerning Institutional Abuse and/or Neglect [Eff. 1/1/15]
The county in which the facility is located shall have jurisdiction for responding to a referral concerning institutional abuse, to include, non-certified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department.
7.103.3
RECEIPT OF REFERRAL,
JURISDICTION, AND INITIAL REVIEW WHEN A YOUTH IS SEEKING RE-ENTRY SERVICES
THROUGH THE FOSTER YOUTH IN TRANSITION PROGRAM
A. Upon receipt of a report regarding a youth
in need of services to re-enter through the Foster
Youth in Transition Program pursuant to the Colorado Revised Statutes, pursuant to section 19-7-301, C.R.S., et seq, the county or Hotline County Connection Center shall gather the following information, when available:
1. The
reporting party's:
a. Name;
b. Address;
c. Telephone number;
d. Reporter type; and
e. Relationship to the youth seeking
services.
2. The
following information regarding the youth seeking services:
a. Legal name;
b. Address or county where the youth self
attests to reside;
c. Current
specific location and contact information; and
d. Birth date(s) or estimated
age(s).
B. The
county in which a youth self attests to reside shall have jurisdiction for a
re-entry referral to the Foster Youth in Transition Program.
C. Upon receipt of a request for re-entry
services through the Foster Youth in Transition Program a county department
shall initiate a review of eligibility, notifications, provision of services,
and timelines as described in 7.203.40, ET SEQ. (12 CCR
2509-3).
7.103.4
Initial Review [Eff.
3/1/18]
When available, the county department shall gather the information in Section 7.103.1, A and/or B, and conduct an initial review. The initial review shall decide if no further action is required, if the referral shall be assigned for assessment, the appropriateness of an immediate response to an assessment, the need for red team review, and/or the appropriateness of a referral to prevention services. It shall include, but not be limited to, the following actions:
A. Review the
child(ren)/youth's vulnerability as defined in section 7.000.2.
B. Review the comprehensive child welfare
information system and any available county department files within twenty-four
(24) hours for:
1. Prior referrals and/or
involvement with the alleged victim child(ren), family, and person(s) alleged
to be responsible for the abuse and/or neglect;
2. Actions taken; and
3. Services provided to inform whether there
is known or suspected abuse and/or neglect or serious threats of harm to a
child.
C. As available
and appropriate, obtain information from collateral sources such as schools,
medical personnel, law enforcement agencies, or other care providers.
D. All referrals shall be reviewed and
approved by a supervisor, and documented in the comprehensive child welfare
information system. The review shall include, at a minimum, two certified child
welfare staff. If there is disagreement in the determination, the referral
shall be reviewed through the red team process.
E. Prevention services shall be considered,
if available, for screened out referrals.
F. When an institutional referral is received
regarding county certified foster homes or county certified kinship homes, the
certifying county shall be notified. The certifying county shall review the
referral for support and service considerations and certification concerns. The
notification and review shall be documented in the comprehensive child welfare
information system.
G. When an
institutional referral is received regarding non-certified kinship homes, the
custodial county shall be notified. The custodial county shall review the
referral for support and service considerations. The notification and review
shall be documented in the comprehensive child welfare information
system.
7.103.5
Referrals Requiring No Further Action
County departments may determine that a referral does not require further action and screen it out for the following reasons:
A. The current allegations have previously
been assessed;
B. The alleged
victim child(ren) or youth in conflict are not located or reside in the State
of Colorado. In this circumstance, the county department shall inform the other
state or county department of the referral;
C. Referral does not meet criteria of abuse
and/or neglect as defined in statutes and regulations;
D. Referral lacks sufficient information to
locate the alleged victim child(ren) or youth in conflict; or
E. Referral is duplicative of a previous
referral. In this circumstance, the county department shall associate the
duplicate referral with the previous referral in the comprehensive child
welfare information system.
A referral cannot be considered duplicate if the following circumstances are present:
1.
Different incident date;
2.
Different alleged victim;
3.
Different alleged person responsible for abuse and/or neglect;
4. Different household; and/or
5. Additional information poses a new or
renewed threat of safety to the child(ren)/youth.
F. The person alleged to be responsible for
the abuse and/or neglect is a third (3rd) party and ten (10) years of age or
older. In this circumstance, the county department shall send the referral to
the appropriate law enforcement agency.
G. There is no current allegation of child
abuse and/or neglect;
H. More
appropriate services for the child/youth who is alleged to be a youth in
conflict are currently being provided by another agency;
I. Referral does not meet the definition of
youth in conflict as defined in section CCR 2509-1, 7.000.2; and
J. The decision to screen out a referral
shall be made by a minimum of two (2) certified child welfare staff from the
same county or in conjunction with another county. When there is disagreement
to screen out, the referral shall be reviewed through the red team
process.
7.103.6
Criteria For Assigning A Referral For Assessment
A. County departments shall screen in and
assign a referral for assessment if it:
1.
Contains specific allegations of known or suspected abuse and/or neglect as
defined in Section 7.000.2;
2.
Provides sufficient information to locate the alleged victim; and
3. Identifies a victim under the age of
eighteen (18); or
4. Identifies a
victim between eighteen and under twenty-one years of age who is under the
continuing jurisdiction of the court and in the care of a facility.
B. Any time a case is opened, it
shall come through the referral or assessment process in the comprehensive
child welfare information system with the exception of Interstate Compact on
the Placement of Children (ICPC), out of state subsidized adoption, out of
state Medicaid, Interstate Compact on Adoption and Medicaid Assistance (ICAMA),
or Division of Youth Services (DYS) Medicaid only.
C. The county department shall review and
respond, either with a face-to-face intervention or by telephone, when notified
by the court-appointed detention screener or a law enforcement officer of a
child or/youth in the custody of a law enforcement agency who is inappropriate
for secure detention but cannot be returned home.
7.103.70
Response Time for Referrals
Assigned for Assessment
A. County
departments shall assign the appropriate response time for assessments based
upon the date the referral is received using the following criteria:
1. An immediate response is required when a
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 increase
the need for immediate response.
c.
An immediate response shall require a response within eight (8) hours from the
receipt of the referral. If the victim child(ren)/youth cannot be located
within the initial timeframe, subsequent face to face contact attempts shall
continue to be made every twenty-four (24) hours from the time of the initial
attempted contact.
2. A
three (3) calendar day response is required when a referral indicates that:
a. There may be impending danger of moderate
to severe harm; or,
b. The alleged
victim child(ren)'s vulnerability and/or factors such as drug and alcohol
abuse, violence, isolation, or risk of flight, increase the need for
intervention in the near future.
c.
The three (3) calendar day count starts on the day following the receipt of a
referral, and expires at the end of the third calendar day at 11:59 PM
following receipt of the referral.
d. If the victim child(ren)/youth cannot be
located within the initial timeframe, subsequent face to face contact attempts
shall continue to be made within every subsequent three calendar
days.
3. A five (5)
working day response is required when:
a. A
referral indicates an absence of safety concerns.
b. The five (5) day count starts on the first
business day following the receipt of a referral and expires at the end of the
fifth business day at 11:59 PM following the receipt of the referral.
c. If the victim child(ren)/youth or
child/youth in conflict cannot be located within the initial timeframe,
subsequent face to face contact attempts shall continue to be made within every
subsequent five business days.
B. The decision of how quickly to initiate an
assessment shall be based on specific reported information that is credible and
that indicates whether a child may be unsafe or at risk of harm.
7.103.71
Red Teams
A. County departments shall implement a
process utilizing the Red Team framework to review referrals with:
1. Child welfare history that includes three
(3) or more assessments within the past year regarding the household members in
the current referral;
2. Narrative
that identifies the alleged victim child(ren)/youth as a child/youth with a
vulnerability as defined in section 7.000.2;
3. Two (2) or more screened out
non-duplicative referrals with no assessment in the prior twelve (12) months;
and/or
4. Criminal history that
includes felony and/or misdemeanor convictions related to child abuse and/or
neglect, including crimes of violence, domestic violence, and/or unlawful
sexual behavior regarding the household members in the current
referral.
B. County
departments practicing Differential Response shall utilize the RED Team process
for track assignment decisions when considering the Family Assessment Response
(FAR) track on assessments requiring three (3) calendar or five (5) business
day response times.
C. The Red Team
process is not required for review of the following exceptions:
1. Referrals necessitating an immediate
response;
2. Referrals
necessitating a response prior to the next business day;
3. Referrals alleging institutional abuse
and/or neglect; or
4. Referrals
alleging youth in conflict.
D. County departments may choose to utilize
the RED team process for the above exceptions.
E. The RED team process shall be documented
in the framework. The documentation shall reflect the discussion and
justification for the decisions.
F.
All RED team decisions shall be approved by a certified supervisor by the end
of the calendar day and documented in the comprehensive child welfare
information system by the end of the next business day.
7.103.8
DIFFERENTIAL RESPONSE [Eff.
1/1/15]
A. County departments
interested in participating in Differential Response shall conduct the
following:
1. Submit a letter of interest to
the State Department;
2. Form a
County Differential Response Implementation Committee;
3. Attend Differential Response Training and
Coaching Sessions as determined by the State Department;
4. Complete the Readiness Self-Assessment
Process;
5. Demonstrate the ability
to meet the State Department's performance expectations on safety and
well-being measures; and,
6.
Demonstrate county staff understands how to correctly enter information into
the comprehensive child welfare information system.
Upon successful completion of the above efforts, a county may be selected to participate in Differential Response by the Executive Director of the State Department.
B. County departments that implement
Differential Response shall utilize the RED Team framework to review referrals,
determine response times, and determine the appropriate track assignment in
accordance with the approved RED Team process.
1. High Risk Assessment (HRA) is mandatory
for a child fatality, near fatality, or egregious incident determined to be the
result of abuse and/or neglect, institutional abuse, and intrafamilial sexual
abuse. RED Teams may use discretion to assign a High Risk Assessment (HRA)
based on the following factors: present danger, multiple previous referrals,
and/or presenting case characteristics such as type of alleged maltreatment
paired with high vulnerability of the alleged victim.
2. The Family Assessment Response (FAR) is
for referrals with low to moderate risk. RED teams may use discretion to assign
the Family Assessment Response (FAR) in assessments alleging a child fatality,
near fatality, or egregious incident. If it is determined that a child
fatality, near fatality or egregious incident is the result of abuse and/or
neglect, the track shall be changed to a High Risk Assessment. Institutional
abuse or intrafamilial sexual abuse shall not be assigned the Family Assessment
Response (FAR).
3. All RED Team
decisions shall be approved by a supervisor by the end of the calendar day and
documented in the comprehensive child welfare information system by the end of
the next business day.
7.103.9
DUTIES TO REPORTING PARTIES -
INFORMATION TO BE PROVIDED [Eff. 1/1/15]
A. Within SIXTY (60) calendar days of
receiving a referral alleging abuse and/or neglect from a mandatory reporter
listed in Section
19-1-307(2)
(e.5)(I), C.R.S., the county department shall notify such individual when:
1. The county department is aware the
individual is and continues to be officially and professionally involved in the
ongoing care of the child who was the subject of the referral; and,
2. The mandatory reporter has a need to know
in order to fulfill his or her professional and official role in maintaining
the child's safety; and,
3. Unless
the county department has actual knowledge that the mandatory reporter
continues to be officially and professionally involved in the ongoing care of
the child who was the subject of the report, a county department shall request
written affirmation from a mandatory reporter stating that the reporter
continues to be officially and professionally involved in the ongoing care of
the child who was the subject of the report and describing the nature of the
involvement.
B. The
county department shall notify the mandatory reporter of the following
information:
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;
5. The name of and contact information for
the county caseworker responsible for the assessment; and,
6. Notice that the reporting mandatory
reporter may request updated information within ninety (90) calendar days after
the county department received the referral and information concerning the
procedure for obtaining updated information.
7.103.10
DOCUMENTATION REQUIREMENTS -
WHEN SUPERVISOR APPROVAL IS REQUIRED [Eff. 1/1/15]
A. All referrals including the information
gathered pursuant to Sections 7.103.1 and 7.103.2 shall be entered into the
comprehensive child welfare information system by the end of the next business
day following receipt of the referral.
B. The initial review shall be documented in
the comprehensive child welfare information system by the end of the next
business day following receipt of the referral. The supervisor is to ensure
that the review and the documentation have occurred.
C. The decision to screen out a referral for
further action shall be documented in the comprehensive child welfare
information system by the end of the following business day that the decision
is made. This shall include an explanation of the reasons why no further action
was needed. The determination to screen out a referral for further action must
be approved by a supervisor.
D. All
RED Team decisions shall be approved by a supervisor by the end of the calendar
day and documented in the comprehensive child welfare information system by the
end of the next business day.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.