(1) Legislative declaration. As a result of the report of the state auditor evaluating the performance of the state central registry of child protection released in November of 2001 and the subsequent repeal of the state central registry of child protection, the general assembly hereby finds and declares that it is in the best interests of the children and the citizens of the state of Colorado for the state department to modify the processing of records and reports of child abuse or neglect. These modifications are intended to ensure that the state department is able to provide reliable, accurate, and timely information concerning records and reports of child abuse or neglect. In addition, these modifications are intended to ensure compliance with federal law regarding the prompt expungement of any records or reports that are used for purposes of employment checks or other background checks in cases determined to be unsubstantiated or false, while allowing the state department to maintain such records and reports in case files for the purpose of assisting in determinations of future risk and safety assessments. Finally, these modifications are intended to ensure that the state department's procedural systems related to records and reports of child abuse or neglect provide adequate protection to the children and the citizens of the state of Colorado.
(2) Training of county departments. On or before January 1, 2004, the state department shall modify the training provided to county departments to achieve consistency and standardization in the performance of the following duties:
Investigating reports of child abuse or neglect;
Reporting confirmed incidents of child abuse or neglect to the state department;
Preparing documents related to records and reports of child abuse or neglect;
Entering data into computer systems maintaining information related to records andreports of child abuse or neglect; and
Maintaining confidentiality in accordance with federal and state law.
(3) Notice and appeals process - rules. On or before January 1, 2004, the state board, in consideration of input and recommendations from the county departments, shall promulgate rules to establish a process at the state level by which a person who is found to be responsible in a confirmed report of child abuse or neglect filed with the state department pursuant to section 19-3-307 may appeal the finding of a confirmed report of child abuse or neglect to the state department. At a minimum, the rules established pursuant to this subsection (3) must address the following matters, consistent with federal law:
The provision of adequate and timely written notice by the county departments ofhuman or social services or, for an investigation pursuant to section 19-3-308 (4.5), by the agency that contracts with the state, using a form created by the state department, to a person found to be responsible in a confirmed report of child abuse or neglect of the person's right to appeal the finding of a confirmed report of child abuse or neglect to the state department;
The timeline and method for appealing the finding of a confirmed report of childabuse or neglect;
Designation of the entity, which entity must be one other than a county department ofhuman or social services, with the authority to accept and respond to an appeal by a person found to be responsible in a confirmed report of child abuse or neglect at each stage of the appellate process;
The legal standards involved in the appellate process and a designation of the partywho bears the burden of establishing that each standard is met;
The confidentiality requirements of the appeals process; and
Provisions requiring, and procedures in place that facilitate, the prompt expungementof and prevent the release of any information contained in any records and reports that are accessible to the general public or are used for purposes of employment or background checks in cases determined to be unsubstantiated or false; except that the state department and the county departments of human or social services may maintain information concerning unsubstantiated reports in casework files to assist in future risk and safety assessments.
(4) Confidentiality - rules. On or before January 1, 2004, the state board shall promulgate rules to establish guidelines for the release of information contained in records and reports of child abuse or neglect for screening purposes to assure compliance with sections 19-1303 and 19-1-307 and any other state or federal law relating to confidentiality of records and reports of child abuse or neglect. Rules promulgated by the state board shall address the following:
How a request for information is to be processed;
Who may be granted access to information;
What information in the records and reports is to be made available to the person orentity granted access;
The purposes for which information contained in the records and reports may bemade available to the person or entity granted access; and
The consequences of improper release of information related to records and reportsof child abuse or neglect.
Source: L. 2003: Entire section added, p. 1398, § 3, effective January 1, 2004. L. 2018: IP(3), (3)(a), (3)(c), and (3)(f) amended, (SB 18-092), ch. 38, p. 419, § 54, effective August 8.
Cross references: For the legislative declaration contained in the 2003 act enacting this section, see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.