12 Colo. Code Regs. § 2509-2-7.103

Current through Register Vol. 47, No. 11, June 10, 2024

Section 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.

7.103.1Jurisdiction 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.

7.103.11Transfer 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.

7.103.2RECEIPT 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.

7.103.21Jurisdiction 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.

7.103.3RECEIPT 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).

7.103.4Initial 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.

7.103.5Referrals 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.

7.103.6Criteria 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.

7.103.70Response 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.

7.103.71Red 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.

7.103.8DIFFERENTIAL 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.

7.103.9DUTIES 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.

7.103.10DOCUMENTATION 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.

12 CCR 2509-2-7.103

38 CR 19, October 10, 2015, effective 11/1/2015

39 CR 17, September 10, 2016, effective 10/1/2016

39 CR 19, October 10, 2016, effective 11/1/2016

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 13, July 10, 2017, effective 8/1/2017

41 CR 01, January 10, 2018, effective 2/1/2018

41 CR 03, February 10, 2018, effective 3/2/2018

41 CR 15, August 10, 2018, effective 9/1/2018

42 CR 03, February 10, 2019, effective 3/15/2019

43 CR 09, May 10, 2020, effective 6/1/2020

44 CR 01, January 10, 2021, effective 1/30/2021

44 CR 13, July 10, 2021, effective 7/30/2021

44 CR 21, November 10, 2021, effective 11/30/2021

44 CR 23, December 10, 2021, effective 12/30/2021

45 CR 01, January 10, 2022, effective 1/30/2022

45 CR 05, March 10, 2022, effective 3/30/2022

45 CR 11, June 10, 2022, effective 6/30/2022

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 09, May 10, 2023, effective 6/1/2023

46 CR 11, June 10, 2023, effective 7/1/2023