12 CCR 2509-2-7.104 - Intrafamilial, Institutional, And Third-Party Abuse And/Or Neglect Assessments [Eff 3/1/18]
The requirements of this section address intrafamilial, institutional and third-party abuse and/or neglect assessments except for assessments involving safe haven voluntarily surrendered infants, as described in section 19-3-304.5, C.R.S. Assessment rules pertaining to safe haven voluntarily surrendered infants are set forth in section 7.106.4.
A. The assessment
shall begin with face-to-face contact with the alleged victim child(ren)/youth
and includes, but is not limited to:
1.
Face-to-face contact with the primary caregiver;
2. Assessing for current or impending danger
and taking action to secure safety, if indicated;
3. Assessing risk, needs, protective
capacities and strengths of child(ren)/youth and families; and,
4. Obtaining culturally relevant and
appropriate resources for the alleged victim child(ren)/ youth and their
families.
B. At the point
of first contact with the alleged victim child(ren)/youth, the assessment shall
focus immediately on whether the child(ren)/youth is safe, and include the
following:
1. To assess for safety, county
departments shall consider:
a. The safety
threshold criteria for current or impending danger of moderate to severe
harm;
b. The current or impending
dangers described in the Colorado Family Safety Assessment tool;
c. Child(ren)/youth
vulnerabilities/strengths;
d.
Caregiver strengths/protective capacities; and,
e. Actions that respond to the current or
impending danger.
2. If
the child(ren)/youth is unsafe, the caseworker shall analyze whether:
A. A safety plan can reasonably be expected
to control current or impending danger while the assessment continues, and if
so, develop a safety plan as described in Section 7.107.16 AND
7.107.17.
B. If a safety plan
cannot reasonably be expected to control current or impending danger the
caseworker shall, if necessary, initiate an out-of-home placement. Section
19-3-401, C.R.S., describes the
process of taking children/YOUTH into custody.
C. If the child(ren)/youth is unsafe, the
safety plan, or decision to initiate an out-of-home placement shall be reviewed
and approved by a supervisor as soon as possible and no later than twenty-four
(24) hours from the face to face interview or observation with the alleged
victim child(ren)/youth. Documentation of the approval shall be entered in the
state automated case management system.
3. For county departments implementing
Differential Response, in the first sixty (60) calendar days of a Family
Assessment Response (FAR), upon supervisory approval, the caseworker may change
tracks to a High Risk Assessment (HRA) to assess, attain or maintain
child(ren)/youth safety due to lack of cooperation or additional information
gathered during the assessment, or if requested to do so by the person(s)
alleged to be responsible for the abuse and/or neglect.
4. For county departments implementing
Differential Response, if at any point safety cannot be sustained in a Family
Assessment Response (FAR), the caseworker, with approval from the supervisor,
shall open a case and/or request court orders.
5. If at any point new information is
gathered that contains information defined in Section 7.103, a new referral
shall be generated.
C.
Safety interventions shall be used continuously throughout all assessments.
Safety interventions are defined as the actions and decisions required to:
1. Identify and assess current or impending
danger to child(ren)/youth safety;
2. Plan for an unsafe child(ren)/youth to be
protected;
3. Work with caregivers
to identify safety and network supports for child(ren)/youth protection;
and,
4. Manage plans designed to
assure child(ren)/youth safety while a safe and permanent home is
established.
D. When
determining jurisdiction within open assessments, when current or impending
danger is identified, the responding county shall consider the following:
1. The timeframes and completion of
activities within the assessment including response time, completion of the
safety and risk assessment, and the assessment closure;
2. Verification of the new residence and
documentation of efforts to determine correct jurisdiction;
3. Considerations of distance between
reported residence and new residence; and,
4. Assessment completion and the need for
further services.
E. When
determining jurisdiction within open assessments and no current or impending
danger is identified, the county with the open assessment shall complete the
assessment.
7.104.1
Intrafamilial Abuse And/or Neglect Assessment
A. The assessment shall begin as soon as
reasonably possible following receipt of the referral according to the assigned
response time.
B. The assessment
shall be conducted as set forth in Section
19-3-308(2),(3),(4)
through
19-3-308.5, C.R.S., and the
following:
1. The assessment shall include a
face to face interview or observation of the alleged victim child(ren)/youth
within the assigned response timeframe, according to the following procedures:
a. Interviews shall be face-to-face with the
child(ren)/youth if the child(ren)/youth has the verbal, emotional, and/or
developmental ability to relate information relevant to safety decisions. If
the child(ren)/youth does not have such verbal, emotional, and/or developmental
ability, face to face observation of the child(ren)/youth, as appropriate to
assess the allegations in the referral, is sufficient. Documentation shall
support why the child(ren)/youth was unable to be interviewed and how
allegations were addressed during the observation.
b. When child(ren)/youth are unable to be
interviewed within the assigned response time, caseworkers shall document
interviews with household members and collaterals to determine that the
child(ren)/youth is safe or in current or impending danger. Documentation shall
support why the child(ren)/youth was unable to be interviewed.
c. If a caseworker gathering information in
the Colorado Family Safety Assessment tool determines child(ren)/youth are
unsafe and it is unreasonable to interview the child(ren)/youth at the time of
removal, the caseworker shall interview the child(ren)/youth as soon as it is
reasonable. Documentation shall support why the child(ren)/youth was unable to
be interviewed.
d. Caseworkers and
other child welfare staff shall not be required to have face to face contact
with a child(ren)/youth who are undergoing lifesaving medical intervention, in
critical condition or deceased. Information of abuse and/or neglect shall be
gathered through interviews with household members and collaterals and
documented in the state automated case management system. The caseworker shall
interview or observe the victim child(ren)/youth once they are medically
cleared.
e. Interviews shall be
conducted out of the presence of the person(s) alleged to be responsible for
the abuse and/or neglect.
f. The
requirements of section (e) above do not apply in a Family Assessment Response
(FAR) where the initial interview may be conducted with the entire family, when
doing so does not compromise the safety of the child(ren). Children may be
interviewed outside the presence of the suspected person(s) responsible for the
abuse and/or neglect at any point during the assessment.
g. Information obtained from the interview
with the non-offending parent and victim child(ren)/youth shall not be revealed
to the alleged perpetrator of domestic violence, and shall be subject to the
rules of discovery and governed by the confidentiality provisions under Section
7.605.
h. If face to face
interview(s) or observation(s) cannot be accomplished with the alleged victim
child(ren)/youth within the assigned response timeframe, reasonable efforts to
interview or observe the child(ren)/youth shall continuously be made as defined
in 7.103.61(D). Efforts shall be documented in the state automated case
management system and continue until the interview or observation occurs or the
assessment is completed.
C. The assessment shall include;
1. Face to face interviews and/or
observations with:
a. All victim
children/youth within the assigned timeframe, except as identified in
7.104.1(B)(1),(a),(b),(c) and (d); and,
b. Household members.
2. Documentation of efforts to engage
non-custodial parent(s); and other persons identified through the assessment
who may have information regarding the alleged abuse and/or neglect.
3. The extent of child(ren)/youth abuse
and/or neglect, to include, but not limited to:
a. Impact to the child(ren)/youth;
b. Type and severity of injuries, if
applicable; and,
c.
Child(ren)/youth's explanation of the abuse and/or neglect.
4. Circumstances surrounding the
child(ren)/youth abuse and/or neglect, to include, but not limited to:
a. Caretaker explanation of the abuse and/or
neglect;
b. Environmental
influences; and,
c. Contributory
factors.
d. Child(ren)/youth
functioning;
e. Caregiver(s)
functioning; and,
f. Parenting
practices and disciplinary practices.
5. The assessment shall include visiting the
alleged victim child(ren)/youth's place of residence or place of custody if:
a. The home conditions are the subject of the
assessment; or,
b. Information
obtained in the interview process indicates assessment of the home environment
is necessary due to current or impending danger.
6. The assessment shall determine the names
and conditions of any children living in the same household as the alleged
victim child(ren)youth.
7. The
assessment shall include consideration of race/ethnicity, religion, accepted
work-related practices of agricultural communities, and accepted child-rearing
practices of the culture in which the alleged victim child(ren)/youth
participate.
8. When assessing
allegations of interfamilial abuse and/or neglect, the assessment shall include
record checks of all adults residing in the household to assess for felony,
and/or misdemeanor criminal convictions, related to child abuse and/or neglect,
crimes of violence, domestic violence, or unlawful sexual behavior. Information
gathered from record checks shall be used as one component to inform the
overall assessment process. Records checks shall include:
a. The state automated case management
system;
b. Colorado court
management system of the state judicial department; and
c. The National Sex Offender Public Website
operated by the United States Department of Justice.
d. When county departments have a memorandum
of understanding to allow access to the National Crime Information Center
(NCIC) data, b and c may be substituted with documentation that a NCIC check
was completed.
9. When
assessing allegations of sexual abuse, the county department shall:
a. Use due diligence in following specific
check criteria for each website;
b.
Immediately report any violations of sex offender registration to local law
enforcement; and,
c. Report all law
enforcement verified matches of sex offenders to the individual supervision
officer/agent or team responsible for community supervision and public
safety;
d. Use both the state and
national websites to check if a person alleged to be responsible of the abuse
and/or neglect is a sex offender; and,
e. County departments may use local law
enforcement to check if a person alleged to be responsible for the abuse and/or
neglect is a sex offender.
10. The assessment shall include
documentation of efforts to interview and advise the person(s) alleged to be
responsible for the abuse and/or neglect of the referral and afford such
person(s) an opportunity to respond to the allegations. Interviews with third
party person(s) responsible for abuse/neglect are not required in
assessments.
11. The assessment
shall include use of the Colorado Family Safety Assessment tool as describe in
Section 7.107.1.
12. The assessment
shall include use of the Colorado Family Risk Assessment tool as described in
Section 7.107.2.
13. The assessment
shall include documentation of reasonable efforts to prevent out-of-home
placement, unless an emergency exists, and to maintain the family unit.
Reasonable efforts include, but are not limited to:
a. Engaging family and extended family in
safety planning as described in Section 7.107.17, if appropriate;
b. Providing in-home services, if appropriate
and available;
c. Removing the
person(s) alleged to be responsible for the abuse and/or neglect from the home
rather than the child(ren)/youth, if possible;
d. Work with the caregiver to place the
child(ren)/youth in a safe environment; or,
e. Engaging family and extended family in
securing a kinship placement.
14. When assessing allegations of substance
exposed newborns, the county department shall develop and document a Colorado
Plan of Safe Care according to the requirements outlined in section
7.107.5.
D. If at any
point during the assessment, a county department becomes aware of an allegation
that a child(ren)/youth is, or may be a victim of human trafficking, the county
department shall:
1. Report, to the
appropriate law enforcement agency, within twenty-four (24) hours from when the
county department becomes aware and,
2. Document the details of the report to law
enforcement in the statewide automated case management system, AND,
3. Complete the human trafficking screen to
identify risk factors or indicators related to human trafficking.
7.104.12
Audio or Video
Recording of The Interview or Observation [Eff. 1/1/15]
A. The interview or observation may be audio
or video taped except when it is impracticable under the circumstances or will
result in trauma to the child, as determined by the county
department.
B. If audio or video
recording is conducted, the following standards shall be followed:
1. The interview shall be conducted by a
competent interviewer, and may occur at a child advocacy center, as defined in
Section 19-1-103 (19.5), C.R.S., that has
a Memorandum of Understanding with the county department responsible for the
assessment or by a competent interviewer for the county department.
2. The child shall be advised that audio or
video taping of the interview is to be conducted and the advisement shall be
documented in the state automated case management system. If the child objects
to videotaping of the assessment, such taping shall not be conducted by the
county department.
3. 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 documented in the
state automated case management system.
4. If there is a request by any party to the
action to view or listen to an audio or video tape, the child and/or, the
guardian ad litem or counsel for youth shall be notified in advance of the
request, when possible.
5. Access
to these audio or video tapes shall be subject to the rules of discovery and
governed by the confidentiality provisions under Section 7.605.
7.104.13
Conclusion Of Assessment - Timing, Findings, Services [Eff.
3/1/18]
7.104.131
Timing [Eff.
3/1/18]
A. High Risk Assessments (HRA)
or Traditional Response Assessment shall be approved by a certified supervisor
and closed within sixty (60) calendar days of the date the referral was
received.
B. The initial assessment
phase of a Family Assessment Response (FAR) shall be approved by a supervisor
and closed within sixty (60) calendar days from the date the referral was
received.
If ongoing services are identified in the assessment phase of a FAR, the FAR shall be opened into the service phase. The service phase shall include a treatment/prevention plan which is specific, measurable, achievable, realistic, and time limited (SMART). The treatment/prevention plan shall be created in collaboration with the family. This treatment/prevention plan must meet the guidelines in 7.301.2 for purposes of treatment/prevention plans.
C. The Colorado
Family Safety Assessment tool shall be approved in the state automated case
management system by a certified supervisor as soon as possible and no later
than fourteen (14) calendar days from the date the alleged victim
child(ren)/youth was interviewed or observed.
D. The Colorado Plan of Safe Care shall be
approved in the state automated case management system and approved by a
supervisor within sixty (60) calendar days from the date the referral was
received.
7.104.132
Findings and Services
A. County
departments shall enter a finding of founded, inconclusive or unfounded, as an
outcome of all high risk or traditional assessments in the state automated case
management system no later than sixty (60) days after the receipt of the
referral.
1. Youth under the age of 13 at the
time of an alleged incident shall not be listed as a person responsible for
abuse and/or neglect for the purpose of assessment.
2. Youth 13 years old and older and under the
age of 18 at the time of an alleged incident shall not be listed as a person
responsible for abuse and/or neglect for the purpose of assessment unless;
a. The youth is a parent of the alleged
victim child, or;
b. The incident
is determined to meet the criteria of founded, and the severity level of the
abuse and/or neglect is at a level of severe, egregious, near-fatal, or fatal
as defined in 12 CCR 2509-1, 7.000.2.
B. County departments may elect to defer
entering a founded finding pursuant to Section
19-3-309.5, C.R.S. If the county
department elects to defer entering a finding of founded abuse and/or neglect,
the county shall enter into a pre-confirmation agreement and follow the
procedures described in Section 7.108.
C. If the person alleged to be responsible
for the abuse and/or neglect is unknown or cannot be determined, a finding of
"founded" may be entered into the state automated case management
system.
D. In a Family Assessment
Response (FAR), no finding shall be made.
E. Prior to closing an assessment, county
departments shall refer all victim child(ren) under the age of five (5) to the
appropriate state or local agency for developmental screening when the county
department makes a finding of founded abuse and/or neglect.
F. County departments may refer any child
under the age of five (5) to the appropriate state or local agency for
developmental screening in a Family Assessment Response (FAR) or Traditional
Response Assessment, if a parent consents and the child presents with needs
that might benefit from a developmental screening as determined by the county
department.
G. In a High Risk
Assessment (HRA) or traditional response assessment, county departments shall
enter the findings of abuse and/or neglect in the state automated case
management system even if there is a criminal or civil proceeding pending
against the person found responsible for the abuse and/or neglect arising out
of the same incident.
7.104.14
Documentation Required During
Assessment
A. At the time of a new
assessment, county departments shall document that a review related to prior
involvement as set forth in Section 7.104.1, B, 6, has occurred. This shall be
documented in the assessment closure summary of the state automated case
management system.
B. The results
of any record checks including felony, and/or misdemeanor criminal convictions,
related to child abuse and/or neglect, crimes of violence, domestic violence,
or unlawful sexual behavior on all adults residing in the household being
assessed, and attempts to access other information as set forth in Section
7.104.11 shall be documented in the state automated case management
system.
C. The full name(s),
including nicknames and/or aliases, address(es), and date(s) birth of the
person(s) alleged to be responsible for the abuse and/or neglect shall be
documented in the state automated case management system.
D. All interactions with the family,
including efforts to engage the family and extended family, as part of the
assessment shall be documented in the state automated case management system.
Any specific information gathered, such as electronic media, photographs or
videotapes shall be filed in the case record and referenced in the state
automated case management system.
E. When a face to face interview or
observation of the alleged victim child(ren)/youth is video or audio taped, the
required advisement of the child(ren)/youth shall be documented as set forth in
section 7.104.12.
F. 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 state
automated case management system.
G. The Colorado Family Safety Assessment tool
shall be completed with household members and documented in the state automated
case management system. Documentation and approval by a certified supervisor in
the state automated case management system is required as soon as possible and
no later than fourteen (14) calendar days from the date the alleged victim
child(ren)/youth was interviewed or observed.
H. If a Family Assessment Response (FAR) is
changed to a High Risk Assessment (HRA), the change shall be made in the state
automated case management system and all information documentation shall be
transferred.
I. Any reasonable
efforts to prevent out-of-home placement shall be documented in the state
automated case management system.
J. If the assessment contains allegations of
human trafficking, the human trafficking screening tool shall be completed and
documented in the assessment closure summary in the statewide automated case
management system.
K. The Colorado
Plan of Safe Care shall be completed with the parent/caregiver(s), documented
in the state automated case management system, and approved by the supervisor
within sixty (60) calendar days from the date the referral was
received.
7.104.141
Documentation Required at Conclusion of Assessment [Eff. 3/1/18]
A. County departments shall document the
completed assessment in the state automated case management system, including
completion of the assessment closure summary. Supervisors shall approve the
closure of the assessment within sixty (60) calendar days from the date of the
referral. The assessment closure shall include the following:
1. Brief summary of initial concerns and any
additional concerns discovered during the assessment, the actions that were
taken, and/or protective factors that exist which mitigate the harm, danger or
risk;
2. Worker analysis of:
a. Relevant criminal, Colorado courts state
management system of the state judicial department, national sex offender
registry history, and/or child welfare history gathered throughout the
assessment, and any concerns identified related to the current
assessment;
b. Efforts to engage
the family and extended family;
c.
For High Risk Assessments (HRA), or Traditional Response Assessments, that
require a finding, clearly summarize the type, severity level and facts that
support the decision; and,
d.
Family and/or agency plan, if applicable.
B. In a HRA or Traditional Response
Assessment, county departments shall enter the findings of abuse and/or neglect
in the state automated case management system even if there is a criminal or
civil proceeding pending against the person found responsible for the abuse
and/or neglect arising out of the same incident. The reported data shall
include the following:
1. The name, address,
gender, date of birth, and race of the victim child(ren);
2. The composition of the victim child(ren)'s
immediate family;
3. At a minimum,
the name and last known mailing address of the person found to be responsible
for the abuse and/or neglect, the date of birth, and Social Security Number, if
known;
4. The type of abuse and/or
neglect;
5. The severity level of
the abuse and/or neglect;
6. Any
previous incidents of abuse and/or neglect of the victim child(ren) or
siblings;
7. The name(s) and
address(es) of any person(s) previously found responsible for abuse and/or
neglect, if known;
8. The name of
the source of the referral submitted to the county department, if
known;
9. The county department
that conducted the assessment of the referral; and,
10. The date the referral was made and the
date the county department made the finding of founded abuse and/or
neglect.
7.104.15
Notice [Eff.3/1/18]
A. Notice of the outcome of an assessment
shall be made as described below. Unless otherwise described below or
authorized by law, no other entity shall receive notification.
B. Regardless of the outcome of the
assessment and as allowable by law, county departments shall notify and
document in the state automated case management system:
1. The parent(s), guardian(s), custodian(s),
or caregiver(s) of the alleged victim child(ren)/youth of the outcome of the
assessments. Non-custodial parent(s) shall also be notified of the outcomes of
the assessments unless;
a. Documentation
supports efforts to locate the non-custodial parent were unsuccessful;
or,
b. Documentation supports that
it is not in the best interests of the child(ren)/youth to give notice to the
non-custodial parent.
2.
The person alleged to be responsible for the abuse and/or neglect of the
outcome of the assessment;
3. The
specified mandatory reporter, who is identified in and meets the criteria of
7.103.9 A 1-3, of;
a. The name of the
child(ren)/youth;
b. The date of
the referral;
c. Whether the
referral was accepted for assessment;
d. Whether the referral was closed without
services;
e. Whether the assessment
resulted in services related to the safety of the child;
f. The name and contact information for the
county caseworker responsible for the assessment; and,
g. The county procedure for requesting
updated information within ninety (90) calendar days after the county
department received the referral.
4. Where applicable, the local licensing
unit, the director or administrator of the facility, the agency with licensing
or certifying authority and the State Department, Division of Child Welfare and
Division of Early Care and Learning, if the abuse and/or neglect assessment
involved a state-licensed or county-certified facility. The referral and
assessment may be used for investigations and licensing action where the
referral involves a licensed child care provider as defined in the Child Care
Licensing Act, Section
26-6-101, C.R.S., et
seq.
C. When the
assessment results in a finding of founded abuse and/or neglect, county
departments shall provide additional notice as described below:
1. County departments shall notify the local
law enforcement agency and the District Attorney's Office of a founded report.
Any copies of child abuse/neglect reports provided to law enforcement or the
District Attorney's office shall be marked confidential.
2. County departments shall notify the person
found responsible for child abuse and/or neglect of the finding by first-class
mail to the responsible person's last known mailing address, using a form
approved by the State Department. County departments shall retain a copy of the
notice in the case file showing the date of mailing. The notice shall include
the following information:
a. The type and
severity level of the abuse and/or neglect, the date the referral was made to
the county department, which county department completed the assessment, the
date the county department made the finding in the state automated case
management system, and information concerning persons or agencies that have
access to the information.
b. The
circumstances under which information contained in the state automated case
management system will be provided to other individuals or agencies.
c. How to access the county's dispute
resolution process. County departments are authorized to offer a county dispute
resolution process to persons alleged to be responsible for abuse and/or
neglect.
d. The right of the person
found to be responsible for abuse and/or neglects to request a state level
appeal as set forth in Sections 7.111 through 7.112. The county department
shall provide the State Department approved appeal form to the person found to
be responsible for abuse and/or neglect.
e. Notice that the scope of the appeal is
limited to challenges that the finding(s) are not supported by a preponderance
of the evidence or that the actions found to be abuse and/or neglect do not
meet the legal definitions of abuse and/or neglect. The State Department will
be responsible for defending the determination at the state level fair
hearing.
f. A full explanation of
all alternatives and deadlines contained in Sections 7.111 through
7.112.
7.104.2
INSTITUTIONAL ABUSE AND/OR
NEGLECT - GROUNDS FOR ASSESSMENT
This section addresses assessments of referrals alleging institutional abuse and/or neglect as defined in Section 7.000.2. except that:
A. A referral of a minor injury
resulting from physical restraint shall not, by itself, require an assessment
unless there are surrounding circumstances that would indicate abusive and/or
neglectful behavior by the care provider. Such circumstances include referrals
alleging:
1. Abusive or neglectful
behavior,
2. A pattern of frequent
injuries by the same caregiver/staff, and/or
3. Similar incidents in the same
facility.
B. A referral
of medical concern(s) alleging the licensed medical/mental healthcare provider
as the person responsible for abuse and/or neglect regarding medical
decision(s) or action(s) within the scope of their license(s) shall not by
itself require assessment unless there are surrounding circumstances that would
indicate abusive and/or neglectful behavior by the medical/mental healthcare
provider.
7.104.21
Agency
Responsible for Conducting Institutional Abuse and/or Neglect Assessment [Eff.
1/1/15]
A. The county department in
which the facility named in the referral is located shall conduct the
assessment. The assessment shall follow the institutional abuse and/or neglect
protocol described in Section 7.104.22.
B. The assessment shall be conducted by a
qualified and neutral party in those situations in which the county department
is the supervisory agency, such as for certified county foster and group homes.
Such an assessment shall be arranged for by the responsible county department
with either another county department, another agency within the community who
accepts delegated responsibility, or a disinterested and qualified staff person
within the county department.
7.104.22
Institutional Abuse and/or
Neglect Assessment - Timing and Requirements [Rev. eff. 11/1/15]
The county department conducting the assessment shall assign priority in response time using the criteria set forth in Section 7.103.61, B.
A. A face-to-face interview with the
alleged victim child(ren) according to procedures for interviewing children
described in Section 7.104.1.
B.
The assessment shall include the following actions:
1. A face-to-face interview with the alleged
victim child(ren)according to procedures for interviewing children described in
Section 7.104.1 and the following:
a. The
alleged victim child(ren) shall be interviewed in a setting which is as neutral
as possible and where confidentiality can be maintained;
b. The alleged victim child(ren) shall not be
taken off the grounds for the interview unless the county department has court
ordered custody or law enforcement has taken the child into protective
custody;
c. The person(s) alleged
to be responsible for the abuse and/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 alleged victim child(ren); and,
d. The county department shall, if necessary,
obtain a court order to access the alleged victim child(ren) if the facility
refuses access.
2. The
assessment shall determine if there are other victim child(ren) not named in
the referral and immediately assess the safety of those individuals.
3. The assessment shall obtain the names and
addresses of any other alleged victim child(ren) who may no longer be in the
facility and interview those individuals, if appropriate.
4. The assessment shall include interviews of
witnesses, including children and staff who may have additional
information.
5. The assessment
shall include making reasonable efforts to interview and advise the person(s)
alleged to be responsible for the abuse and/or neglect of the referral and
afford such person(s) an opportunity to respond to the allegations.
6. The assessment shall include obtaining a
detailed description of the incident and of the injuries and an assessment of
the appropriateness of physical management or restraint if this was
involved.
7. If applicable, the
assessment shall include documentation of compliance with the reasonable and
prudent parent standard in Section 7.701.200, F.
D. If at any point during the assessment, a
county department becomes aware that a child/youth is, or is alleged to 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.
7.104.23
Documentation -
Report Required [Eff. 1/1/15]
A. A
written report of the assessment documented in the state automated case
management system shall be prepared by the county department that conducted the
assessment within sixty (60) calendar days after receipt of the
referral.
B. A report shall be
provided as described below:
1. A written
report shall be provided to the facility administrator/director.
2. A written report shall be provided to the
agency with licensing/certifying authority.
3. The Institutional Abuse Review Team, Early
Childhood and Learning Division, and the State Department's Twenty-Four (24)
Hour Monitoring Team, when the incident involves a twenty-four (24) hour care
facility shall be provided a report through the state automated case management
system.
4. The same custodial
counties as required in Section 7.104.24 shall be provided a report through the
state automated case management system.
C. The report shall include, at a minimum,
the following information:
1. Name(s) of
person(s) alleged to be responsible for the abuse and/or neglect;
2. The name(s), age(s), and duration of the
alleged victim child(ren)'s placement in the facility being assessed;
3. The name of the facility and the county in
which it is located;
4. The name of
director/administrator of the facility;
5. The approximate number of children served
by the facility;
6. The age range
of children served by the facility and type of children served (e.g., child
with developmental disabilities);
7. A summary of activities involved in the
assessment, including a list of the individuals interviewed;
8. A summary of findings or conclusions,
including the information on which the findings or conclusions are based;
and,
9. A summary of the
recommendations and/or need for an identified corrective or remedial
action.
7.104.24
Notice
A. The following individuals shall receive
notice:
1. The licensing authority or
certifying unit shall be notified that a referral concerning abuse and/or
neglect has been received within one (1) working day after receipt of the
referral.
2. The licensing
authority or certifying unit shall be notified if the assessment indicates
there is an immediate threat to the child(ren)'s health, safety, or welfare
within one (1) working day of such determination.
3. Custodial agencies, including county
departments, other states, and appropriate divisions of the State Department
shall be notified as follows:
a. Immediately,
if there are safety issues or if an injury requires medical treatment;
and,
b. Following completion of the
assessment, if a child in their custody was the subject of a referral or if the
assessment reveals concerns regarding the childcare practices which could
negatively impact the child(ren).
4. Parents or legal guardians of alleged
child(ren) victim(s) shall be notified as follows:
a. By the custodial counties when alleged
abuse and/or neglect occurs in out-of-home care setting.
b. By the assessing county when there is no
custodial county.
c. By the
assessing county when alleged abuse and/or neglect occurs in less than
twenty-four (24) hour childcare with notification provided prior to an
interview with child(ren), when possible.
d. When an assessment is being or has been
conducted on a referral of abuse and/or neglect; and shall include the nature
of the alleged abuse and/or neglect and the findings of the assessment;
and,
e. If circumstances do not
allow for direct contact, then notification of the allegations of abuse and/or
neglect and findings shall be provided in writing.
5. Parents or legal guardians of uninvolved
children in less than twenty-four (24) hours licensed childcare settings shall
be given notice of an assessment within seventy-two (72) hours when it has been
determined by the State Department or county department that:
a. The incident of alleged child abuse and/or
neglect that prompted the assessment is at the level of a moderate, severe, or
fatal incident of abuse and/or neglect, or involves sexual abuse.
b. Notice to the parents or legal guardians
of the uninvolved children is essential to the assessment of the specific
allegation of abuse and/or neglect or is necessary for the safety of children
cared for at the facility; and,
c.
A determination has been made and a state or county department supervisor has
provided written approval of the determination for which basis and approval may
be in electronic form.
6.
The director of the facility or director's designee shall be:
a. Apprised of the allegation of abuse and/or
neglect; and,
b. Advised regarding
the results of the assessment and provided a verbal report immediately once a
determination is made. If the county department is unable to make a
determination regarding the person(s) alleged to be responsible for abuse
and/or neglect, the director shall also be advised so that decisions regarding
the continued employment of the employee can be made by the
facility.
7. Guardians'
ad litem of alleged victims and or counsel for youth by the custodial county
when there is an assessment of an allegation of abuse and/or neglect in
out-of-home care.
7.104.3
THIRD-PARTY ABUSE AND/OR
NEGLECT - GROUNDS FOR ASSESSMENT [Eff. 1/1/15]
This section addresses assessments of referrals alleging abuse and/or neglect by a third-party, as defined in Section 7.000.2, who is not related to the alleged victim child(ren) in the contexts described in the previous sections addressing intrafamilial and institutional abuse and/or neglect.
7.104.31
Third-Party
Abuse and/or Neglect Assessment - Timing and Requirements
A. When the referral alleges abuse and/or
neglect by a third-party ten (10) years of age or older, the county department
shall immediately forward the referral to the appropriate law enforcement
agency for screening and investigation.
B. When the referral alleges human
trafficking of a minor the county department shall forward the referral to the
appropriate law enforcement agency.
C. When the referral alleges the abuse and/or
neglect by a child under ten (10) years of age, county departments shall be the
agency responsible for the assessment. The assessment shall focus on:
1. Whether or not the incident
occurred;
2. The entire situation
including the actions or omissions of adults who are responsible for care of
the children involved; and,
3. Any
interventions that may be necessary to secure safety and address treatment
needs.
D. If a county
department reasonably believes that the protection and safety of a child is at
risk due to an act or omission on the part of the persons responsible for the
child's care, the county department shall make a referral concerning
intrafamilial abuse and/or neglect. 1/1/15]
7.104.32
Documentation - Report from
Law Enforcement [Eff. 1/1/15]
County departments shall attempt to obtain a copy of the report summarizing any investigation that was conducted by law enforcement. If the report is obtained, it shall be the basis upon which the county department enters a founded finding of abuse and/or neglect into the state automated case management system.
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.
The requirements of this section address intrafamilial, institutional and third-party abuse and/or neglect assessments except for assessments involving safe haven voluntarily surrendered infants, as described in section 19-3-304.5, C.R.S. Assessment rules pertaining to safe haven voluntarily surrendered infants are set forth in section 7.106.4.
A. The assessment shall begin with face-to-face contact with the alleged victim child(ren)/youth and includes, but is not limited to:
1. Face-to-face contact with the primary caregiver;
2. Assessing for current or impending danger and taking action to secure safety, if indicated;
3. Assessing risk, needs, protective capacities and strengths of child(ren)/youth and families; and,
4. Obtaining culturally relevant and appropriate resources for the alleged victim child(ren)/ youth and their families.
B. At the point of first contact with the alleged victim child(ren)/youth, the assessment shall focus immediately on whether the child(ren)/youth is safe, and include the following:
1. To assess for safety, county departments shall consider:
a. The safety threshold criteria for current or impending danger of moderate to severe harm;
b. The current or impending dangers described in the Colorado Family Safety Assessment tool;
c. Child(ren)/youth vulnerabilities/strengths;
d. Caregiver strengths/protective capacities; and,
e. Actions that respond to the current or impending danger.
2. If the child(ren)/youth is unsafe, the caseworker shall analyze whether:
A. A safety plan can reasonably be expected to control current or impending danger while the assessment continues, and if so, develop a safety plan as described in Section 7.107.16 AND 7.107.17.
B. If a safety plan cannot reasonably be expected to control current or impending danger the caseworker shall, if necessary, initiate an out-of-home placement. Section 19-3-401, C.R.S., describes the process of taking children/YOUTH into custody.
C. If the child(ren)/youth is unsafe, the safety plan, or decision to initiate an out-of-home placement shall be reviewed and approved by a supervisor as soon as possible and no later than twenty-four (24) hours from the face to face interview or observation with the alleged victim child(ren)/youth. Documentation of the approval shall be entered in the state automated case management system.
3. For county departments implementing Differential Response, in the first sixty (60) calendar days of a Family Assessment Response (FAR), upon supervisory approval, the caseworker may change tracks to a High Risk Assessment (HRA) to assess, attain or maintain child(ren)/youth safety due to lack of cooperation or additional information gathered during the assessment, or if requested to do so by the person(s) alleged to be responsible for the abuse and/or neglect.
4. For county departments implementing Differential Response, if at any point safety cannot be sustained in a Family Assessment Response (FAR), the caseworker, with approval from the supervisor, shall open a case and/or request court orders.
5. If at any point new information is gathered that contains information defined in Section 7.103, a new referral shall be generated.
C. Safety interventions shall be used continuously throughout all assessments. Safety interventions are defined as the actions and decisions required to:
1. Identify and assess current or impending danger to child(ren)/youth safety;
2. Plan for an unsafe child(ren)/youth to be protected;
3. Work with caregivers to identify safety and network supports for child(ren)/youth protection; and,
4. Manage plans designed to assure child(ren)/youth safety while a safe and permanent home is established.
D. When determining jurisdiction within open assessments, when current or impending danger is identified, the responding county shall consider the following:
1. The timeframes and completion of activities within the assessment including response time, completion of the safety and risk assessment, and the assessment closure;
2. Verification of the new residence and documentation of efforts to determine correct jurisdiction;
3. Considerations of distance between reported residence and new residence; and,
4. Assessment completion and the need for further services.
E. When determining jurisdiction within open assessments and no current or impending danger is identified, the county with the open assessment shall complete the assessment.
7.104.1 Intrafamilial Abuse And/or Neglect Assessment
A. The assessment shall begin as soon as reasonably possible following receipt of the referral according to the assigned response time.
B. The assessment shall be conducted as set forth in Section 19-3-308(2),(3),(4) through 19-3-308.5, C.R.S., and the following:
1. The assessment shall include a face to face interview or observation of the alleged victim child(ren)/youth within the assigned response timeframe, according to the following procedures:
a. Interviews shall be face-to-face with the child(ren)/youth if the child(ren)/youth has the verbal, emotional, and/or developmental ability to relate information relevant to safety decisions. If the child(ren)/youth does not have such verbal, emotional, and/or developmental ability, face to face observation of the child(ren)/youth, as appropriate to assess the allegations in the referral, is sufficient. Documentation shall support why the child(ren)/youth was unable to be interviewed and how allegations were addressed during the observation.
b. When child(ren)/youth are unable to be interviewed within the assigned response time, caseworkers shall document interviews with household members and collaterals to determine that the child(ren)/youth is safe or in current or impending danger. Documentation shall support why the child(ren)/youth was unable to be interviewed.
c. If a caseworker gathering information in the Colorado Family Safety Assessment tool determines child(ren)/youth are unsafe and it is unreasonable to interview the child(ren)/youth at the time of removal, the caseworker shall interview the child(ren)/youth as soon as it is reasonable. Documentation shall support why the child(ren)/youth was unable to be interviewed.
d. Caseworkers and other child welfare staff shall not be required to have face to face contact with a child(ren)/youth who are undergoing lifesaving medical intervention, in critical condition or deceased. Information of abuse and/or neglect shall be gathered through interviews with household members and collaterals and documented in the state automated case management system. The caseworker shall interview or observe the victim child(ren)/youth once they are medically cleared.
e. Interviews shall be conducted out of the presence of the person(s) alleged to be responsible for the abuse and/or neglect.
f. The requirements of section (e) above do not apply in a Family Assessment Response (FAR) where the initial interview may be conducted with the entire family, when doing so does not compromise the safety of the child(ren). Children may be interviewed outside the presence of the suspected person(s) responsible for the abuse and/or neglect at any point during the assessment.
g. Information obtained from the interview with the non-offending parent and victim child(ren)/youth shall not be revealed to the alleged perpetrator of domestic violence, and shall be subject to the rules of discovery and governed by the confidentiality provisions under Section 7.605.
h. If face to face interview(s) or observation(s) cannot be accomplished with the alleged victim child(ren)/youth within the assigned response timeframe, reasonable efforts to interview or observe the child(ren)/youth shall continuously be made as defined in 7.103.61(D). Efforts shall be documented in the state automated case management system and continue until the interview or observation occurs or the assessment is completed.
C. The assessment shall include;
1. Face to face interviews and/or observations with:
a. All victim children/youth within the assigned timeframe, except as identified in 7.104.1(B)(1),(a),(b),(c) and (d); and,
b. Household members.
2. Documentation of efforts to engage non-custodial parent(s); and other persons identified through the assessment who may have information regarding the alleged abuse and/or neglect.
3. The extent of child(ren)/youth abuse and/or neglect, to include, but not limited to:
a. Impact to the child(ren)/youth;
b. Type and severity of injuries, if applicable; and,
c. Child(ren)/youth's explanation of the abuse and/or neglect.
4. Circumstances surrounding the child(ren)/youth abuse and/or neglect, to include, but not limited to:
a. Caretaker explanation of the abuse and/or neglect;
b. Environmental influences; and,
c. Contributory factors.
d. Child(ren)/youth functioning;
e. Caregiver(s) functioning; and,
f. Parenting practices and disciplinary practices.
5. The assessment shall include visiting the alleged victim child(ren)/youth's place of residence or place of custody if:
a. The home conditions are the subject of the assessment; or,
b. Information obtained in the interview process indicates assessment of the home environment is necessary due to current or impending danger.
6. The assessment shall determine the names and conditions of any children living in the same household as the alleged victim child(ren)youth.
7. The assessment shall include consideration of race/ethnicity, religion, accepted work-related practices of agricultural communities, and accepted child-rearing practices of the culture in which the alleged victim child(ren)/youth participate.
8. When assessing allegations of interfamilial abuse and/or neglect, the assessment shall include record checks of all adults residing in the household to assess for felony, and/or misdemeanor criminal convictions, related to child abuse and/or neglect, crimes of violence, domestic violence, or unlawful sexual behavior. Information gathered from record checks shall be used as one component to inform the overall assessment process. Records checks shall include:
a. The state automated case management system;
b. Colorado court management system of the state judicial department; and
c. The National Sex Offender Public Website operated by the United States Department of Justice.
d. When county departments have a memorandum of understanding to allow access to the National Crime Information Center (NCIC) data, b and c may be substituted with documentation that a NCIC check was completed.
9. When assessing allegations of sexual abuse, the county department shall:
a. Use due diligence in following specific check criteria for each website;
b. Immediately report any violations of sex offender registration to local law enforcement; and,
c. Report all law enforcement verified matches of sex offenders to the individual supervision officer/agent or team responsible for community supervision and public safety;
d. Use both the state and national websites to check if a person alleged to be responsible of the abuse and/or neglect is a sex offender; and,
e. County departments may use local law enforcement to check if a person alleged to be responsible for the abuse and/or neglect is a sex offender.
10. The assessment shall include documentation of efforts to interview and advise the person(s) alleged to be responsible for the abuse and/or neglect of the referral and afford such person(s) an opportunity to respond to the allegations. Interviews with third party person(s) responsible for abuse/neglect are not required in assessments.
11. The assessment shall include use of the Colorado Family Safety Assessment tool as describe in Section 7.107.1.
12. The assessment shall include use of the Colorado Family Risk Assessment tool as described in Section 7.107.2.
13. The assessment shall include documentation of reasonable efforts to prevent out-of-home placement, unless an emergency exists, and to maintain the family unit. Reasonable efforts include, but are not limited to:
a. Engaging family and extended family in safety planning as described in Section 7.107.17, if appropriate;
b. Providing in-home services, if appropriate and available;
c. Removing the person(s) alleged to be responsible for the abuse and/or neglect from the home rather than the child(ren)/youth, if possible;
d. Work with the caregiver to place the child(ren)/youth in a safe environment; or,
e. Engaging family and extended family in securing a kinship placement.
14. When assessing allegations of substance exposed newborns, the county department shall develop and document a Colorado Plan of Safe Care according to the requirements outlined in section 7.107.5.
D. If at any point during the assessment, a county department becomes aware of an allegation that a child(ren)/youth is, or may be a victim of human trafficking, the county department shall:
1. Report, to the appropriate law enforcement agency, within twenty-four (24) hours from when the county department becomes aware and,
2. Document the details of the report to law enforcement in the statewide automated case management system, AND,
3. Complete the human trafficking screen to identify risk factors or indicators related to human trafficking.
7.104.12 Audio or Video Recording of The Interview or Observation [Eff. 1/1/15]
A. The interview or observation may be audio or video taped except when it is impracticable under the circumstances or will result in trauma to the child, as determined by the county department.
B. If audio or video recording is conducted, the following standards shall be followed:
1. The interview shall be conducted by a competent interviewer, and may occur at a child advocacy center, as defined in Section 19-1-103 (19.5), C.R.S., that has a Memorandum of Understanding with the county department responsible for the assessment or by a competent interviewer for the county department.
2. The child shall be advised that audio or video taping of the interview is to be conducted and the advisement shall be documented in the state automated case management system. If the child objects to videotaping of the assessment, such taping shall not be conducted by the county department.
3. 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 documented in the state automated case management system.
4. If there is a request by any party to the action to view or listen to an audio or video tape, the child and/or, the guardian ad litem or counsel for youth shall be notified in advance of the request, when possible.
5. Access to these audio or video tapes shall be subject to the rules of discovery and governed by the confidentiality provisions under Section 7.605.
7.104.13 Conclusion Of Assessment - Timing, Findings, Services [Eff. 3/1/18]
7.104.131 Timing [Eff. 3/1/18]
A. High Risk Assessments (HRA) or Traditional Response Assessment shall be approved by a certified supervisor and closed within sixty (60) calendar days of the date the referral was received.
B. The initial assessment phase of a Family Assessment Response (FAR) shall be approved by a supervisor and closed within sixty (60) calendar days from the date the referral was received.
If ongoing services are identified in the assessment phase of a FAR, the FAR shall be opened into the service phase. The service phase shall include a treatment/prevention plan which is specific, measurable, achievable, realistic, and time limited (SMART). The treatment/prevention plan shall be created in collaboration with the family. This treatment/prevention plan must meet the guidelines in 7.301.2 for purposes of treatment/prevention plans.
C. The Colorado Family Safety Assessment tool shall be approved in the state automated case management system by a certified supervisor as soon as possible and no later than fourteen (14) calendar days from the date the alleged victim child(ren)/youth was interviewed or observed.
D. The Colorado Plan of Safe Care shall be approved in the state automated case management system and approved by a supervisor within sixty (60) calendar days from the date the referral was received.
7.104.132 Findings and Services
A. County departments shall enter a finding of founded, inconclusive or unfounded, as an outcome of all high risk or traditional assessments in the state automated case management system no later than sixty (60) days after the receipt of the referral.
1. Youth under the age of 13 at the time of an alleged incident shall not be listed as a person responsible for abuse and/or neglect for the purpose of assessment.
2. Youth 13 years old and older and under the age of 18 at the time of an alleged incident shall not be listed as a person responsible for abuse and/or neglect for the purpose of assessment unless;
a. The youth is a parent of the alleged victim child, or;
b. The incident is determined to meet the criteria of founded, and the severity level of the abuse and/or neglect is at a level of severe, egregious, near-fatal, or fatal as defined in 12 CCR 2509-1, 7.000.2.
B. County departments may elect to defer entering a founded finding pursuant to Section 19-3-309.5, C.R.S. If the county department elects to defer entering a finding of founded abuse and/or neglect, the county shall enter into a pre-confirmation agreement and follow the procedures described in Section 7.108.
C. If the person alleged to be responsible for the abuse and/or neglect is unknown or cannot be determined, a finding of "founded" may be entered into the state automated case management system.
D. In a Family Assessment Response (FAR), no finding shall be made.
E. Prior to closing an assessment, county departments shall refer all victim child(ren) under the age of five (5) to the appropriate state or local agency for developmental screening when the county department makes a finding of founded abuse and/or neglect.
F. County departments may refer any child under the age of five (5) to the appropriate state or local agency for developmental screening in a Family Assessment Response (FAR) or Traditional Response Assessment, if a parent consents and the child presents with needs that might benefit from a developmental screening as determined by the county department.
G. In a High Risk Assessment (HRA) or traditional response assessment, county departments shall enter the findings of abuse and/or neglect in the state automated case management system even if there is a criminal or civil proceeding pending against the person found responsible for the abuse and/or neglect arising out of the same incident.
7.104.14 Documentation Required During Assessment
A. At the time of a new assessment, county departments shall document that a review related to prior involvement as set forth in Section 7.104.1, B, 6, has occurred. This shall be documented in the assessment closure summary of the state automated case management system.
B. The results of any record checks including felony, and/or misdemeanor criminal convictions, related to child abuse and/or neglect, crimes of violence, domestic violence, or unlawful sexual behavior on all adults residing in the household being assessed, and attempts to access other information as set forth in Section 7.104.11 shall be documented in the state automated case management system.
C. The full name(s), including nicknames and/or aliases, address(es), and date(s) birth of the person(s) alleged to be responsible for the abuse and/or neglect shall be documented in the state automated case management system.
D. All interactions with the family, including efforts to engage the family and extended family, as part of the assessment shall be documented in the state automated case management system. Any specific information gathered, such as electronic media, photographs or videotapes shall be filed in the case record and referenced in the state automated case management system.
E. When a face to face interview or observation of the alleged victim child(ren)/youth is video or audio taped, the required advisement of the child(ren)/youth shall be documented as set forth in section 7.104.12.
F. 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 state automated case management system.
G. The Colorado Family Safety Assessment tool shall be completed with household members and documented in the state automated case management system. Documentation and approval by a certified supervisor in the state automated case management system is required as soon as possible and no later than fourteen (14) calendar days from the date the alleged victim child(ren)/youth was interviewed or observed.
H. If a Family Assessment Response (FAR) is changed to a High Risk Assessment (HRA), the change shall be made in the state automated case management system and all information documentation shall be transferred.
I. Any reasonable efforts to prevent out-of-home placement shall be documented in the state automated case management system.
J. If the assessment contains allegations of human trafficking, the human trafficking screening tool shall be completed and documented in the assessment closure summary in the statewide automated case management system.
K. The Colorado Plan of Safe Care shall be completed with the parent/caregiver(s), documented in the state automated case management system, and approved by the supervisor within sixty (60) calendar days from the date the referral was received.
7.104.141 Documentation Required at Conclusion of Assessment [Eff. 3/1/18]
A. County departments shall document the completed assessment in the state automated case management system, including completion of the assessment closure summary. Supervisors shall approve the closure of the assessment within sixty (60) calendar days from the date of the referral. The assessment closure shall include the following:
1. Brief summary of initial concerns and any additional concerns discovered during the assessment, the actions that were taken, and/or protective factors that exist which mitigate the harm, danger or risk;
2. Worker analysis of:
a. Relevant criminal, Colorado courts state management system of the state judicial department, national sex offender registry history, and/or child welfare history gathered throughout the assessment, and any concerns identified related to the current assessment;
b. Efforts to engage the family and extended family;
c. For High Risk Assessments (HRA), or Traditional Response Assessments, that require a finding, clearly summarize the type, severity level and facts that support the decision; and,
d. Family and/or agency plan, if applicable.
B. In a HRA or Traditional Response Assessment, county departments shall enter the findings of abuse and/or neglect in the state automated case management system even if there is a criminal or civil proceeding pending against the person found responsible for the abuse and/or neglect arising out of the same incident. The reported data shall include the following:
1. The name, address, gender, date of birth, and race of the victim child(ren);
2. The composition of the victim child(ren)'s immediate family;
3. At a minimum, the name and last known mailing address of the person found to be responsible for the abuse and/or neglect, the date of birth, and Social Security Number, if known;
4. The type of abuse and/or neglect;
5. The severity level of the abuse and/or neglect;
6. Any previous incidents of abuse and/or neglect of the victim child(ren) or siblings;
7. The name(s) and address(es) of any person(s) previously found responsible for abuse and/or neglect, if known;
8. The name of the source of the referral submitted to the county department, if known;
9. The county department that conducted the assessment of the referral; and,
10. The date the referral was made and the date the county department made the finding of founded abuse and/or neglect.
7.104.15 Notice [Eff.3/1/18]
A. Notice of the outcome of an assessment shall be made as described below. Unless otherwise described below or authorized by law, no other entity shall receive notification.
B. Regardless of the outcome of the assessment and as allowable by law, county departments shall notify and document in the state automated case management system:
1. The parent(s), guardian(s), custodian(s), or caregiver(s) of the alleged victim child(ren)/youth of the outcome of the assessments. Non-custodial parent(s) shall also be notified of the outcomes of the assessments unless;
a. Documentation supports efforts to locate the non-custodial parent were unsuccessful; or,
b. Documentation supports that it is not in the best interests of the child(ren)/youth to give notice to the non-custodial parent.
2. The person alleged to be responsible for the abuse and/or neglect of the outcome of the assessment;
3. The specified mandatory reporter, who is identified in and meets the criteria of 7.103.9 A 1-3, of;
a. The name of the child(ren)/youth;
b. The date of the referral;
c. Whether the referral was accepted for assessment;
d. Whether the referral was closed without services;
e. Whether the assessment resulted in services related to the safety of the child;
f. The name and contact information for the county caseworker responsible for the assessment; and,
g. The county procedure for requesting updated information within ninety (90) calendar days after the county department received the referral.
4. Where applicable, the local licensing unit, the director or administrator of the facility, the agency with licensing or certifying authority and the State Department, Division of Child Welfare and Division of Early Care and Learning, if the abuse and/or neglect assessment involved a state-licensed or county-certified facility. The referral and assessment may be used for investigations and licensing action where the referral involves a licensed child care provider as defined in the Child Care Licensing Act, Section 26-6-101, C.R.S., et seq.
C. When the assessment results in a finding of founded abuse and/or neglect, county departments shall provide additional notice as described below:
1. County departments shall notify the local law enforcement agency and the District Attorney's Office of a founded report. Any copies of child abuse/neglect reports provided to law enforcement or the District Attorney's office shall be marked confidential.
2. County departments shall notify the person found responsible for child abuse and/or neglect of the finding by first-class mail to the responsible person's last known mailing address, using a form approved by the State Department. County departments shall retain a copy of the notice in the case file showing the date of mailing. The notice shall include the following information:
a. The type and severity level of the abuse and/or neglect, the date the referral was made to the county department, which county department completed the assessment, the date the county department made the finding in the state automated case management system, and information concerning persons or agencies that have access to the information.
b. The circumstances under which information contained in the state automated case management system will be provided to other individuals or agencies.
c. How to access the county's dispute resolution process. County departments are authorized to offer a county dispute resolution process to persons alleged to be responsible for abuse and/or neglect.
d. The right of the person found to be responsible for abuse and/or neglects to request a state level appeal as set forth in Sections 7.111 through 7.112. The county department shall provide the State Department approved appeal form to the person found to be responsible for abuse and/or neglect.
e. Notice that the scope of the appeal is limited to challenges that the finding(s) are not supported by a preponderance of the evidence or that the actions found to be abuse and/or neglect do not meet the legal definitions of abuse and/or neglect. The State Department will be responsible for defending the determination at the state level fair hearing.
f. A full explanation of all alternatives and deadlines contained in Sections 7.111 through 7.112.
7.104.2 INSTITUTIONAL ABUSE AND/OR NEGLECT - GROUNDS FOR ASSESSMENT
This section addresses assessments of referrals alleging institutional abuse and/or neglect as defined in Section 7.000.2. except that:
A. A referral of a minor injury resulting from physical restraint shall not, by itself, require an assessment unless there are surrounding circumstances that would indicate abusive and/or neglectful behavior by the care provider. Such circumstances include referrals alleging:
1. Abusive or neglectful behavior,
2. A pattern of frequent injuries by the same caregiver/staff, and/or
3. Similar incidents in the same facility.
B. A referral of medical concern(s) alleging the licensed medical/mental healthcare provider as the person responsible for abuse and/or neglect regarding medical decision(s) or action(s) within the scope of their license(s) shall not by itself require assessment unless there are surrounding circumstances that would indicate abusive and/or neglectful behavior by the medical/mental healthcare provider.
7.104.21 Agency Responsible for Conducting Institutional Abuse and/or Neglect Assessment [Eff. 1/1/15]
A. The county department in which the facility named in the referral is located shall conduct the assessment. The assessment shall follow the institutional abuse and/or neglect protocol described in Section 7.104.22.
B. The assessment shall be conducted by a qualified and neutral party in those situations in which the county department is the supervisory agency, such as for certified county foster and group homes. Such an assessment shall be arranged for by the responsible county department with either another county department, another agency within the community who accepts delegated responsibility, or a disinterested and qualified staff person within the county department.
7.104.22 Institutional Abuse and/or Neglect Assessment - Timing and Requirements [Rev. eff. 11/1/15]
The county department conducting the assessment shall assign priority in response time using the criteria set forth in Section 7.103.61, B.
A. A face-to-face interview with the alleged victim child(ren) according to procedures for interviewing children described in Section 7.104.1.
B. The assessment shall include the following actions:
1. A face-to-face interview with the alleged victim child(ren)according to procedures for interviewing children described in Section 7.104.1 and the following:
a. The alleged victim child(ren) shall be interviewed in a setting which is as neutral as possible and where confidentiality can be maintained;
b. The alleged victim child(ren) shall not be taken off the grounds for the interview unless the county department has court ordered custody or law enforcement has taken the child into protective custody;
c. The person(s) alleged to be responsible for the abuse and/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 alleged victim child(ren); and,
d. The county department shall, if necessary, obtain a court order to access the alleged victim child(ren) if the facility refuses access.
2. The assessment shall determine if there are other victim child(ren) not named in the referral and immediately assess the safety of those individuals.
3. The assessment shall obtain the names and addresses of any other alleged victim child(ren) who may no longer be in the facility and interview those individuals, if appropriate.
4. The assessment shall include interviews of witnesses, including children and staff who may have additional information.
5. The assessment shall include making reasonable efforts to interview and advise the person(s) alleged to be responsible for the abuse and/or neglect of the referral and afford such person(s) an opportunity to respond to the allegations.
6. The assessment shall include obtaining a detailed description of the incident and of the injuries and an assessment of the appropriateness of physical management or restraint if this was involved.
7. If applicable, the assessment shall include documentation of compliance with the reasonable and prudent parent standard in Section 7.701.200, F.
D. If at any point during the assessment, a county department becomes aware that a child/youth is, or is alleged to 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.
7.104.23 Documentation - Report Required [Eff. 1/1/15]
A. A written report of the assessment documented in the state automated case management system shall be prepared by the county department that conducted the assessment within sixty (60) calendar days after receipt of the referral.
B. A report shall be provided as described below:
1. A written report shall be provided to the facility administrator/director.
2. A written report shall be provided to the agency with licensing/certifying authority.
3. The Institutional Abuse Review Team, Early Childhood and Learning Division, and the State Department's Twenty-Four (24) Hour Monitoring Team, when the incident involves a twenty-four (24) hour care facility shall be provided a report through the state automated case management system.
4. The same custodial counties as required in Section 7.104.24 shall be provided a report through the state automated case management system.
C. The report shall include, at a minimum, the following information:
1. Name(s) of person(s) alleged to be responsible for the abuse and/or neglect;
2. The name(s), age(s), and duration of the alleged victim child(ren)'s placement in the facility being assessed;
3. The name of the facility and the county in which it is located;
4. The name of director/administrator of the facility;
5. The approximate number of children served by the facility;
6. The age range of children served by the facility and type of children served (e.g., child with developmental disabilities);
7. A summary of activities involved in the assessment, including a list of the individuals interviewed;
8. A summary of findings or conclusions, including the information on which the findings or conclusions are based; and,
9. A summary of the recommendations and/or need for an identified corrective or remedial action.
7.104.24 Notice
A. The following individuals shall receive notice:
1. The licensing authority or certifying unit shall be notified that a referral concerning abuse and/or neglect has been received within one (1) working day after receipt of the referral.
2. The licensing authority or certifying unit shall be notified if the assessment indicates there is an immediate threat to the child(ren)'s health, safety, or welfare within one (1) working day of such determination.
3. Custodial agencies, including county departments, other states, and appropriate divisions of the State Department shall be notified as follows:
a. Immediately, if there are safety issues or if an injury requires medical treatment; and,
b. Following completion of the assessment, if a child in their custody was the subject of a referral or if the assessment reveals concerns regarding the childcare practices which could negatively impact the child(ren).
4. Parents or legal guardians of alleged child(ren) victim(s) shall be notified as follows:
a. By the custodial counties when alleged abuse and/or neglect occurs in out-of-home care setting.
b. By the assessing county when there is no custodial county.
c. By the assessing county when alleged abuse and/or neglect occurs in less than twenty-four (24) hour childcare with notification provided prior to an interview with child(ren), when possible.
d. When an assessment is being or has been conducted on a referral of abuse and/or neglect; and shall include the nature of the alleged abuse and/or neglect and the findings of the assessment; and,
e. If circumstances do not allow for direct contact, then notification of the allegations of abuse and/or neglect and findings shall be provided in writing.
5. Parents or legal guardians of uninvolved children in less than twenty-four (24) hours licensed childcare settings shall be given notice of an assessment within seventy-two (72) hours when it has been determined by the State Department or county department that:
a. The incident of alleged child abuse and/or neglect that prompted the assessment is at the level of a moderate, severe, or fatal incident of abuse and/or neglect, or involves sexual abuse.
b. Notice to the parents or legal guardians of the uninvolved children is essential to the assessment of the specific allegation of abuse and/or neglect or is necessary for the safety of children cared for at the facility; and,
c. A determination has been made and a state or county department supervisor has provided written approval of the determination for which basis and approval may be in electronic form.
6. The director of the facility or director's designee shall be:
a. Apprised of the allegation of abuse and/or neglect; and,
b. Advised regarding the results of the assessment and provided a verbal report immediately once a determination is made. If the county department is unable to make a determination regarding the person(s) alleged to be responsible for abuse and/or neglect, the director shall also be advised so that decisions regarding the continued employment of the employee can be made by the facility.
7. Guardians' ad litem of alleged victims and or counsel for youth by the custodial county when there is an assessment of an allegation of abuse and/or neglect in out-of-home care.
7.104.3 THIRD-PARTY ABUSE AND/OR NEGLECT - GROUNDS FOR ASSESSMENT [Eff. 1/1/15]
This section addresses assessments of referrals alleging abuse and/or neglect by a third-party, as defined in Section 7.000.2, who is not related to the alleged victim child(ren) in the contexts described in the previous sections addressing intrafamilial and institutional abuse and/or neglect.
7.104.31 Third-Party Abuse and/or Neglect Assessment - Timing and Requirements
A. When the referral alleges abuse and/or neglect by a third-party ten (10) years of age or older, the county department shall immediately forward the referral to the appropriate law enforcement agency for screening and investigation.
B. When the referral alleges human trafficking of a minor the county department shall forward the referral to the appropriate law enforcement agency.
C. When the referral alleges the abuse and/or neglect by a child under ten (10) years of age, county departments shall be the agency responsible for the assessment. The assessment shall focus on:
1. Whether or not the incident occurred;
2. The entire situation including the actions or omissions of adults who are responsible for care of the children involved; and,
3. Any interventions that may be necessary to secure safety and address treatment needs.
D. If a county department reasonably believes that the protection and safety of a child is at risk due to an act or omission on the part of the persons responsible for the child's care, the county department shall make a referral concerning intrafamilial abuse and/or neglect. 1/1/15]
7.104.32 Documentation - Report from Law Enforcement [Eff. 1/1/15]
County departments shall attempt to obtain a copy of the report summarizing any investigation that was conducted by law enforcement. If the report is obtained, it shall be the basis upon which the county department enters a founded finding of abuse and/or neglect into the state automated case management system.