12 CCR 2509-7.606 - CHILD WELFARE GRIEVANCE RESOLUTION PROCESS

The governing body of each county, and city and county, shall establish a grievance process. A grievance filed by a complainant concerning the conduct of a county department employee can be submitted to the county department, the Colorado Department of Human Services Client Services unit, or the Office of The Child Protection Ombudsman.

The following requirements apply to the grievance process:

A. Definitions

"Grievance" means a complaint filed by a complainant regarding the conduct of an employee of a county department of social services in performing his/her duties under Article 3 of the Children's Code. "Grievance" does not include complaints regarding conduct by the courts, attorneys, law enforcement officials, employees of the State, foster parents or other providers of services to children, or other family members.

"Complainant" means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department in accordance with the provisions of Section 19-3-211, C.R.S.

"Conduct" means the manner in which a county department employee behaves when performing his/her duties under Article 3 of the Children's Code. If an employee makes a decision that is appealable under Colorado statutes and the rules governing child welfare services, an individual may pursue those remedies. The grievance resolution process does not modify the time frames for pursuing the other forms of relief available under Colorado statutes and the rules governing child welfare services.

"Governing body" means the board of county commissioners of a county, or a city council of a city and county, in accordance with Section 19-1-103(54), C.R.S.

"Recommendation" means a proposed course of action that may be implemented by a county director to resolve a grievance. These proposed actions may include reassigning a case to a different employee, requiring an employee to receive training, or administering disciplinary action to an employee, subject to applicable safeguards afforded to the employee through the personnel system under which the employee is employed.

B. Time Frames for Resolving Grievances

Any grievance shall be forwarded to the county child welfare director for internal resolution within ten (10) working days after it has been received by the county department.

The county child welfare director shall act on the grievance within twenty (20) calendar days after they receive it. If the county department has resolved the grievance to the complainant's satisfaction, it will issue a written final decision within thirty-five (35) days of receipt of the grievance. If the county department is unable to resolve the grievance to the complainant's satisfaction and upon the request of the complainant, the county department shall refer the grievance to the Office of The Child Protection Ombudsman.

C. Grievance Process Information

Each county department shall post information about the grievance process on the county department's public-facing website or otherwise provide information concerning the grievance process to individuals involved in the county child welfare system.

D. Annual Reports

On or before July 31 of each year, every county or city and county shall submit to the State Department an annual report regarding the resolution of grievances pursuant to this section. At a minimum, this report shall include:

1. The number of grievances received by the county child welfare director, the number of grievances referred to the governing board, and the actual time frames for resolving grievances at each level.
2. A brief description of the disposition of the grievances, including the number that were concluded without any action taken, the number which were substantiated, the number resolved by case reassignment, the number resolved by requiring additional training, the number resolved by imposing disciplinary action against a county employee, and the number resolved in other ways; and,
3. A copy of its county grievance policy.
E. Counties shall publicize:
1. The availability of the process for all dependency and neglect cases through the "Notice of Rights and Remedies" and by informing child welfare clients, guardians, and legal custodians of the process during the initial contacts with parties and periodically throughout the provision of services related to dependency and neglect cases.
2. The rights and remedies for families as specified in Section 7.601.31.
3. Any other information about the process as deemed relevant by the governing body.

Notes

12 CCR 2509-7.606
38 CR 19, October 10, 2015, effective 11/1/2015 38 CR 23, December 10, 2015, effective 1/1/2016 40 CR 11, June 10, 2017, effective 7/1/2017 40 CR 21, November 10, 2017, effective 12/1/2017 45 CR 07, April 10, 2022, effective 4/30/2022 45 CR 15, August 10, 2022, effective 9/1/2022 46 CR 09, May 10, 2023, effective 6/1/2023 47 CR 11, June 10, 2024, effective 7/1/2024

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.