12 Colo. Code Regs. § 2518-1-30.440

Current through Register Vol. 47, No. 20, October 25, 2024

Section 12 CCR 2518-1-30.440 - ALTERNATIVE RESPONSE PILOT

A. Beginning January 4, 2023, Section 30.440 only applies to those counties participating in the Alternative Response pilot as described in 26-3.1-103.3.

B. Allegations that are determined to be low risk as outlined in these rules shall be assigned to the alternative response track.

C. Allegations of self-neglect are considered low risk and shall be assigned to the alternative response track.

D. An allegation shall not be considered low risk and shall be assigned to the traditional response track if it contains any of the following:

1. Allegations of a sexual nature including but not limited to: sexual abuse, exploitation of a sexual nature, or harmful acts of a sexual nature.

2. Allegations involving alleged perpetrators who are professional legally appointed guardians; conservators, or representative payees for the client and the allegations relate to the duties for which they are appointed.

3. Allegations involving alleged perpetrators who are employees of employers identified pursuant to 26-3.1-111(7), C.R.S., and the allegations relate to the duties for which they are appointed. this exclusion does not apply if:

a. The employee was a relative, spouse, or friend of the client prior to their appointment as a paid provider to the client.

b. The employee is a consumer directed care attendant pursuant to Article 10 of Title 25.5.

4. Allegations of abuse as defined in 26-3.1-101(1), C.R.S., that:

a. Appear likely to result in a moderate to severe severity level, based on the information available in the report; and/or,

b. Involve confinement or restraint that is unreasonable under generally accepted caretaking standards, pursuant to 26-3.1-101(1)(b), C.R.S.

5. Allegations of caretaker neglect as defined in 26-3.1-101 (2.3), C.R.S., that:

a. Appear likely to result in a moderate to severe severity level, based on the information available in the report; and/or,

b. Involve the alleged perpetrator knowingly using harassment, undue influence, or intimidation to create a hostile or fearful environment, pursuant to 26-3.1-101 (2.3)(a), C.R.S.

6. Allegations of exploitation as defined in 26-3.1-101(4), C.R.S., that involve:

a. The use of deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk adult of the use, benefit, or possession of anything of value, pursuant to 26-3.1-101(4)(a), C.R.S.; and/or,

b. Forcing, compelling, coercing, or enticing an at-risk adult to perform services for the profit or advantage of another person against the will of an at-risk adult, pursuant to 26-3.1-101(4)(c), C.R.S..

7. Allegations of mistreatment meeting emergency criteria as outlined in section 30.430.B

E. Allegations not meeting criteria set forth in section 30.440.C and D may be considered low risk at the discretion of the county department. Counties may use discretion to determine whether the allegation is low risk based on factors that may include but are not limited to:

1. Present danger to the client and/or other at-risk adults, and/or;

2. Multiple reports involving the client and/or alleged perpetrator resulting in increased concern for the health, safety, or well-being of the client or other at-risk adults, and/or;

3. Unresolved patterns of mistreatment resulting in increased concern for the health, safety, or well-being of the client.

F. Allegations assigned to the alternative response track require:

1. Completion of an alternative response track investigation as outlined in sections 30.510 and 30.525;

2. Completion of an assessment of safety and risk as outlined in section 30.530; and,

3. Development of a case plan as outlined in section 30.610; and,

4. Provision of services as outlined in section 30.620

G. The caseworker may, with supervisory approval, change tracks to the traditional response track due to circumstances indicating the situation does not meet low risk criteria as outlined in Section 30.440.D and E.

H. The caseworker may, with supervisory approval, change tracks to the alternative response track due to circumstances indicating the situation meets low risk criteria as outlined in section 30.440.D and E.

12 CCR 2518-1-30.440

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