12 Colo. Code Regs. § 2509-2-7.107

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

Section 12 CCR 2509-2-7.107 - INSTRUMENTS, TOOLS, AND INTERVIEW PROCEDURES

The following instruments, tools, and procedures are intended to assist county departments in making informed and reliable decisions.

7.107.1COLORADO FAMILY SAFETY ASSESSMENT TOOL [Rev. eff. 1/1/17]

There shall be a transition period for completion of training and access to the new Colorado Family Safety Assessment Tool in the state automated case management system. All county child welfare case carrying staff and supervisors shall be trained and have access to the new tool by January 1, 2017.

7.107.11Parameters for Use of the Colorado Family Safety Assessment Tool

The Colorado Family Safety Assessment shall be completed:

A. At the time of initial response with household members.

B. As soon as additional household members are available, each household member shall be assessed using the current or impending dangers identified in the Colorado Family Safety Assessment tool.

C. If household members are not available at the time of initial response, the Colorado Family Safety Assessment shall be completed based on the information available and based on the interview or observation of the alleged victim child(ren)/youth and/or child/youth in conflict.

D. If no current or impending danger is identified within 14 calendar days through the Colorado Family Safety Assessment, interviews with additional household members identified outside of the 14 calendar days, shall be documented in the state automated case management system.

E. At the time of contact with the alleged victim child(ren)/youth and/or child/youth in conflict, or other family members and current or impending danger is identified, the entire Colorado Family Safety Assessment tool shall be completed.

F. The tool shall be completed using available information and accessible household members to mitigate the danger.

G. Prior to end dating a safety plan.

H. Whenever there is a significant change in household circumstances or situations that might pose a new or renewed threat to the safety of child(ren)/youth.

I. Prior to reunification.

J. Prior to child(ren)/youth returning home.

K. In all program area 5 (PA 5) referrals being assessed, except:

1. Institutional abuse assessments, as described in section 7.104.22;

2. Fatality assessments when there are no surviving siblings, or

3. When caregivers have abandoned an infant as described in C.R.S. 19-3-304.5.

7.107.12Safety Threshold [Eff. 1/1/17]

The following criteria shall be present to determine that current or impending danger exists. Meeting these criteria indicates that the household members behavior, condition or situation threatens the safety of a child(ren)/youth:

A. The threat to child(ren)/youth safety is specific and observable;

B. Conditions reasonably could result in moderate to severe harm to a child(ren)/youth;

C. This harm is likely to occur if not resolved;

D. A child(ren)/youth is vulnerable to the threat of harm as defined in the Colorado Family Safety Assessment tool, and/or through professional observation; and,

E. The caregiver(s) is unable and/or unwilling to control conditions, situation and/or behaviors that threaten child(ren)/youth safety.

7.107.13Assessment of Current or Impending Danger [Eff. 1/1/17]

A. The county department shall use the current or impending dangers outlined in the Colorado Family Safety Assessment tool to assess for the safety of identified child(ren)/youth.

B. The list of current or impending danger descriptions shall be referenced when assessing threats to child(ren)/youth safety and prior to checking current or impending dangers in the Colorado Safety Family Assessment Tool.

7.107.14Safety Assessment Decision [Eff. 1/1/17]

A. If none of the current or impending dangers In The Colorado Family Safety Assessment tool are identified, the remaining required sections of the tool shall be completed within fourteen (14) calendar days and no further safety intervention is required.

B. If assessment of the child(ren)/youth and household members determines that the child(ren)/youth is safe and emergency out-of-home placement occurred prior to the completion of the Colorado Family Safety Assessment, efforts should be made to return responsibility for the child(ren)/youth's safety back to the caregiver(s).

C. The caregiver strengths and protective capacity shall be assessed using the strengths and protective capacities listed in the Colorado Family Safety Assessment tool to determine whether a caregiver has the capacity and willingness to assure the child(ren)/youth's protection.

D. If the assessment of the child(ren)/youth and household members determines the child(ren)/youth is unsafe, further assessment, analysis and planning are necessary as described in 7.107.17.

7.107.15Actions that Respond to Current or Impending Danger [Eff. 1/1/17]

The action required shall be determined and based on the completion of the Colorado Family Safety Assessment tool as follows:

A. If no current or impending danger to the child(ren)/youth has been identified as a part of the assessment, no further safety intervention is required;

B. If current or impending danger to the child(ren)/youth has been identified as a part of the Colorado Family Safety Assessment tool and caregivers' strengths, protective capacities and/or actions control for the identified danger, no further safety intervention is required; or,

C. If current or impending danger has been identified and caregiver(s) or family actions do not control the current or impending danger, safety intervention analysis is required.

7.107.16Safety Intervention Analysis [Eff. 1/1/17]

A. When current or impending danger is identified as described in section 7.107.15 one of the following shall be initiated:

1. A safety plan shall be developed that can reasonably be expected to control for identified current or impending danger to the child(ren)/youth; or,

2. Human or social service's custody shall be obtained if it is the only plan that sufficiently controls for the current or impending danger.

7.107.17Safety Planning [Eff. 1/1/17]

A. A safety plan shall be developed for all child(ren)/youth in current or impending danger when a safety plan can reasonably be expected to control for identified dangers.

B. Safety plans shall be reviewed and approved by a supervisor as soon as possible and no later than twenty-four (24) hours from the interview or observation with the alleged victim child(ren)/youth.

C. Safety plans shall be documented in the state automated case management system no later than fourteen (14) calendar days from the date the alleged victim child(ren)/youth was interviewed or observed.

D. Safety plans shall include the following:

1. Identification of each family member and safety management provider who is participating in the plan;

2. A description of actions to be taken that address each specific current or impending danger, including:

A. Frequency of each action;

B. Who is responsible for each action;

C. The safety response shall have an immediate impact on controlling the identified current or impending danger; and,

D. Be readily accessible at a level required to ensure safety.

3. When available, caregiver(s) acknowledgement of current or impending dangers and willingness to participate in the safety plan; and,

4. Caseworker activities to oversee the safety plan.

E. Parents, caregivers, and others who are a part of the safety plan shall sign the safety plan and receive a copy. The signatures and paper form shall be retained in the file.

F. Safety plans shall not be developed if the safety analysis results in the decision that human or social services custody is the only plan that is sufficient to control for all identified current of impending danger.

7.107.18Timing and Documentation [Eff. 1/1/17]

A. The Colorado Family Safety Assessment tool shall be completed with household members at the time of the contact and documented in the state automated case management system no later than fourteen (14) calendar days.

B. The Colorado Family Safety Assessment tool shall be approved by a 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.

C. If the child(ren)/youth is determined to be in current or impending danger, the remainder of the Colorado Family Safety Assessment tool shall be completed at the time of contact with available information and accessible household members to determine the actions needed that respond to the current or impending danger and shall be documented in the state automated case management system within fourteen (14) calendar days of the alleged victim child(ren)/youth interview or observation.

D. If the child(ren)/youth is determined to be in current or impending danger, the safety assessment, safety plan, or decision to initiate human or social services custody shall be reviewed and approved through contact with a supervisor as soon as possible and no later than twenty-four (24) hours from the interview or observation with the alleged victim child(ren)/youth. Supervisor contact and approval shall be documented in the state automated case management system within fourteen (14) calendar days of the alleged victim child(ren)/youth interview or observation.

7.107.2Colorado Family Risk Assessment Tool [Rev. eff. 7/10/17]

There shall be a transition period for completion of training and access to the new Colorado Family Risk Assessment Tool in the state automated case management system. All county child welfare case carrying staff and supervisors shall be trained and have access to the new tool by January 1, 2017.

7.107.21Parameters for Use of the Colorado Family Risk Assessment Tool [Eff. 1/1/17]

A. The Colorado Family Risk Assessment tool shall be completed:

1. With the household members;

2. As part of any Program Area 5 assessment, except:

a. Institutional assessment as described in section 7.104.22;

b. Fatality assessment when there are no surviving siblings; or,

c. When caregivers have abandoned an infant as described in C.R.S. 19-3-304.5.

B. The Colorado Risk Assessment Tool shall be used to:

1. Determine risk for future abuse and/or neglect;

2. Aid in determining if services should be provided; and,

3. Aid in determining the appropriate level of services.

7.107.22Procedures for Completing the Colorado Family Risk Assessment Tool [Eff. 1/1/17]

The Colorado Family Risk Assessment tool shall be completed with the family, and shall address all areas of risk on the tool.

7.107.23Risk Analysis [Eff. 1/1/17]

If the risk assessment score is high, the county shall document reasonable efforts to hold a family engagement meeting to discuss next steps with the family.

7.107.24Timing and Documentation [Eff. 1/1/17]

A. The completed Colorado Family Risk Assessment shall be documented in the state automated case management system within thirty (30) calendar days from the date the referral was received.

B. Family Engagement Meetings shall be documented in the framework in the state automated case management system.

C. If the risk assessment score is high and the county department decides to close the assessment without providing services, the county department shall document in the statewide case management system how they reached the decision.

7.107.3YOUTH SAFETY ASSESSMENT TOOL (Reserved for Future Use)

7.107.4COLORADO HUMAN TRAFFICKING SCREEN PARAMETERS FOR USE:

The Colorado human trafficking screen shall be completed:

A. Anytime a county accepts a referral for assessment with human trafficking concerns.

B. Anytime during an open assessment or case where new concerns related to human trafficking arise.

C. Anytime a child/youth in state custody returns to care from runaway or missing status

7.107.5Colorado Plan of Safe Care parameters for use

The Colorado Plan of Safe Care shall be completed:

A. Any time a referral is accepted for assessment and the child meets the definition of substance exposed newborn as described in 19-1-103(1)(a)(vii), C.R.S and 19-3-102(1)(g), C.R.S.

B. The Colorado Plan of Safe Care shall be completed based on the information available and based on the interview or observation of the alleged victim child(ren) and in collaboration with parents, caregivers, medical providers, and others who may be a part of the plan.

C. A Colorado Plan of Safe Care shall be documented in the state automated case management system and approved within sixty (60) calendar days from the date the referral was received.

7.107.51When to complete a Colorado Plan of Safe Care

The action required shall be determined and based on an assessment that contains an allegation of substance exposed newborn as follows:

A. If a Colorado Plan of Safe Care has not been created by a medical, treatment or community provider, the caseworker shall create a Colorado Plan of Safe Care, and/or;

B. When a Colorado Plan of Safe Care has been developed by a medical, treatment or community provider, the caseworker shall update the Colorado Plan of Safe Care to reflect the current circumstances.

12 CCR 2509-2-7.107

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