12 CCR 2518-1-30.410 - INTAKE [Rev. eff. 1/30/17]

A. The county department shall receive oral, electronic, or written reports of at-risk adult mistreatment and self-neglect, occurring in the community or in a facility.

B. The county department shall have an established process during business and non-business hours for receiving such reports.

C. The county department shall input oral reports directly in CAPS. Reports received via mail, or voicemail, or email shall be documented in CAPS within twenty-four (24) hours of receipt. As applicable to this rule, reports received by the county via mail, voicemail, or electronic means during non-business hours may be considered to be received by the county department no later than the first business day following the report. If unable to enter the report in the system timely, the county department shall document the reason in CAPS.

D. Reports that include an allegation of mistreatment must be forwarded to the appropriate law enforcement agency within twenty-four (24) hours after receipt of the report. As applicable to this rule, reports made via mail, voicemail, or electronic means during non-business hours may be considered to be received by the county department no later than the first business day following the report.

E. CAPS shall guide the information gathered for the report to include:

1. The client's demographic information, such as name, gender, date of birth or approximate age, address, current location if different from permanent address, and phone number;

2. The reporter's demographic information, unless the reporter requests anonymity, such as name, phone number, address, relationship to client and, if applicable, the reporter's agency or place of business;

3. Allegations of mistreatment or self-neglect;

4. Safety concerns for the client;

5. Safety concerns for the caseworker; and,

6. The alleged perpetrator's information, such as name, gender, mailing and email address, phone number, date of birth, and relationship to the client, when mistreatment is alleged.

F. The county department shall determine jurisdiction for responding to the report.

1. The county department with jurisdiction for responding to a report is the county in which the adult resides.

2. When the adult is homeless, as defined in 42 U.S.C. Section 11302, the county department with jurisdiction is the county in which the adult's primary nighttime residence is located.

3. If jurisdiction is unable to be determined by 1 or 2, above, the county department with jurisdiction is the county in which the adult is currently present.

4. If an emergency response is necessary, the county department where the adult is located at the time of the report is the responsible county department until jurisdiction is determined.

5. In rare situations a county department may conduct a joint investigation with another county department or may take primary ownership of a case that would not typically be within the county department's jurisdiction.

a. The original county departments of jurisdiction shall be responsible for responding to the report and beginning the investigation until the involved county departments have reached a decision regarding the responsible county department to manage the cases.

b. There must be good cause for a joint response/investigation or for taking ownership outside of the county department's normal jurisdiction, such as multiple clients being mistreated by the same alleged perpetrator(s), whether in a facility or community setting, when those clients' residences are in different counties; and,

c. The county departments involved must all agree to the joint response/investigative and/or primary owner of a case; and,

d. The good cause for the change in jurisdiction must be documented in CAPS.

G. County departments shall utilize all available resources to determine jurisdiction, such as:

1. History within CAPS;

2. Colorado Benefits Management System (CBMS);

3. Colorado Courts;

4. Where services are being provided; and/or,

5. The adult's school.

H. If a county department receives a report and determines that the report was made to the wrong county, the receiving county department shall transfer the report to the responsible county department as soon as possible, but no later than eight (8) hours after determining the correct county.

Notes

12 CCR 2518-1-30.410

37 CR 15, August 10, 2014, effective 9/1/2014 40 CR 01, January 10, 2017, effective 2/1/2017 41 CR 05, March 10, 2018, effective 4/1/2018 41 CR 09, May 10, 2018, effective 6/1/2018 41 CR 13, July 10, 2018, effective 7/30/2018 42 CR 17, September 10, 2019, effective 10/1/2019 42 CR 23, December 10, 2019, effective 12/30/2019 43 CR 13, July 10, 2020, effective 8/1/2020 43 CR 21, November 10, 2020, effective 11/30/2020 44 CR 11, June 10, 2021, effective 6/30/2021 45 CR 03, February 10, 2022, effective 3/2/2022 45 CR 19, October 10, 2022, effective 11/1/2022