Tracking# 2014-01098
FA/P 12/5/14, eff. 2/1/15
[I:/13102901_Submittal.doc]
(12 CCR 2519-1)
[Instructions: Add the following paragraph as Statement of Basis and Purpose]
Creation of 12 CCR 2519-1, Sections 31.000 through 31.900, were final adoption following publication at the 12/5/2014 State Board meeting (Rule-making# 13-10-29-1), with an effective date of 2/1/2015. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, State Board Administration.
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[Instructions: Add the following new sections.]
31.000 CHILD PROTECTION OMBUDSMAN PROGRAM
31.100 DEFINITIONS [Eff. 2/1/15]
Case: Any document(s) or any other written, electronic, audio or other material pertaining to a child or youth in the child protection system when there has been a determination by a county that a file will be opened.
Child Protection System: The law, services and provisions governed by Title 19 of the Colorado Revised Statutes (C.R.S.).
Complaint: Any concern or allegation posed to the Office of the Child Protection Ombudsman regarding a child who has come to the attention of the child protection system related to any agency that receives public money.
Contact: Any call, email, question or inquiry posed to the Office of the Child Protection Ombudsman.
Contract Agency: The agency that oversees the administration of the Child Protection Ombudsman Program required in Section 19-3.3-102(4), et seq., C.R.S.
County Department: A county or city and county department of human or social services.
Egregious incident: An incident of suspected abuse or neglect involving significant violence, torture, use of cruel restraints, or other similar aggravated circumstance.
Emergency: An unforeseen combination of circumstances or a resulting state that calls for immediate action.
Inquiry: Any contact made with the Office of the Child Protection Ombudsman seeking clarification of a point of fact, procedure, or process. Inquiries include requests for information or resource referrals regarding the child protection system. Questions can pertain to the status of a case in the child protection system that is currently pending or resolved.
Interfere: To file motions or to take a position on a matter before the court in order to interfere, intervene or influence the court in any way. An amicus brief is an exception to this provision.
Investigation: A comprehensive, independent examination of fact, procedure, process, or actions associated with a complaint regarding the child protection system. Investigations may include, but are not limited to, reviews of all documents, including those from third parties associated with the case that would be available to the county or State Department; reviews of all electronic records and computer systems that would otherwise be available to the State Department or a county department of human/social services; reviews of systemic issues; interviews of staff, family members or children in the child protection system (this is not the equivalent of subpoena power); reviews of agency policies, processes, and/or procedures; and/or reviews of law and rule governing the child protection system.
Lobbying: Refers to the definition included in Section 24-6-301, et seq., C.R.S.
Office: The Office of the Child Protection Ombudsman.
Ombudsman: The director of the Office of the Child Protection Ombudsman.
Review: A contact with the Ombudsman Program that requires some level of research to gather the necessary information to respond to the complaint. A review requires time and some level of initial evaluation before an adequate response can be provided to the complainant or a decision is made to open an investigation.
State Department: The Colorado Department of Human Services.
Systemic Investigation: An investigation of systemic issues which may result in recommendations to the legislature and/or the State Department regarding changes in policy, rule, law or best practice to improve the child protection system.
Urgent: A situation that calls for immediate action.
31.200 DUTIES OF THE OMBUDSMAN [Eff. 2/1/15]
The Office shall independently and impartially review each complaint in an objective and fair manner free from bias and shall treat all parties without favor or prejudice.
A. It is the duty of the Office to:
1. Improve accountability and transparency in the child protection system by allowing and encouraging the voicing of concerns about the child protection system.
2. Receive complaints from the community, including agency representatives relating to child protection cases, policies or processes.
3. Review and seek resolution of all contacts or refer the complaint to the State Department or the appropriate agency or entity for resolution. Timelines for each type of contact/complaint received include thirty (30) calendar days for inquiries, ninety (90) calendar days for reviews, and one hundred eighty (180) calendar days for investigations unless the Office determines that an additional length of time is necessary. If an additional length of time is necessary, the Ombudsman shall communicate this for each review or investigation at the monthly status updates with the director of the state office overseeing the state’s child protection unit or his/her designee.
4. Provide recommendations to the State Department and county departments of human/social services regarding any issue or case reviewed or investigated.
5. Recommend nationally-recognized best practices and effective programs relating to publicly-funded child protection systems.
6. Provide technical assistance on child protection issues to the state, city, and county departments of human/social services and/or providers as requested.
7. Prioritize duties and activities to enable responses to emergency contacts or complaints.
8. Provide policy makers with information on Colorado’s child protection system, where appropriate.
9. Recommend to the Executive Director of the State Department and any appropriate agency or entity, such budgetary, regulatory and administrative changes, including systemic changes, which are intended to improve the safety and well-being of children and families involved in the child protection system in Colorado.
10. Work with the State Department and county human/social services agencies to educate the public concerning child maltreatment and the role of the community in strengthening families and keeping children safe.
11. Continue to monitor, evaluate, and make recommendations to the State Department to support simplified grievance resolution processes that are transparent, accountable, and accessible to children and families within the child protection system.
12. Establish a uniform system to collect and analyze data on contacts, complaints, inquiries, reviews, and investigations collected and resolved by the Ombudsman.
13. Maintain relevant continuing education and periodic updating of qualifications needed by any staff of the Office to include maintaining full understanding of state provided training regarding the child protection system and ongoing full understanding of all rules, regulations, and procedures related to child protection in Colorado.
14. Serve as a key advisor for the legislature, child protection system, and to the Executive Director of the State Department.
15. Strive to resolve conflict between disagreeing parties in the child protection system.
16. Serve as a member of the Colorado Department of Human Services’ (CDHS) Child Fatality Review Team (CFRT) per Section 26-1-139(6)(d), C.R.S., and the Colorado Department of Public Health and Environment (CDPHE), Colorado Fatality Prevention System per Section 25-20.5-406(2)(a)(IX), C.R.S.
B. Any policies, procedures or practices of the Office must align with state requirements as set forth in the contract between the state and the Office.
31.210 SCOPE OF THE OMBUDSMAN’S AUTHORITY [Eff. 2/1/15]
The Office shall investigate complaints without interfering in ongoing court or child protection cases. The Office is not intended to create a parallel system to the State’s child protection system. The Office’s role is not to investigate suspected cases of child abuse, but to report information to the appropriate investigative agency for investigation.
Critical information regarding the safety of a child in a pending or ongoing child protection case shall be immediately communicated to the director of the state office overseeing the state’s child protection unit or his/her designee, the county and the agency involved for appropriate action.
A. The Office shall communicate with the agency involved in a review or investigation upon request in order to inform said agency regarding the status of the ongoing case. The Office shall make advisory recommendations about the case in its report to the agency. The Office shall keep the State Department apprised of the status of all reviews and investigations occurring in the child protection system at regularly scheduled meetings.
B. The Office shall refer any complaints relating to the Judicial Department and judicial proceedings including, but not limited to, complaints concerning the conduct of judicial officers or attorney of record, judicial determinations, and court processes and procedures to the appropriate agency within the Judicial Department.
C. The Office shall not investigate attorney misconduct. Complaints associated with attorney misconduct shall be referred to the Colorado Supreme Court, Office of Attorney Regulation Counsel.
D. As a statutorily required member of the CDHS Child Fatality Review Team, the Office should share any information received by the Office about a fatality, near fatality or egregious incident slated for review by the CDHS Child Fatality Review Team (CFRT) with the CFRT. The Office may conduct its own investigation; however, due to its statutorily required membership on the CDHS Child Fatality Review Team, the Office is encouraged to coordinate release of its report with the CDHS Child Fatality Review Team report.
E. The Office shall safeguard the confidential records, reports, investigation material, and information received as a result of participation in the CDHS Child Fatality Review Team and the Colorado Fatality Prevention System.
F. The Office shall not access records in the possession of any public agency that are unrelated to a complaint being reviewed or investigated, or which concern an individual who is not directly involved in the case under review or investigation.
G. The Office shall confer with the responsible agency to ensure any release of information would not interfere with an investigation. When the agency’s investigation is completed and judicial proceedings have been initiated, the Office shall confer with the prosecution, city or county attorney, or attorney representing the regulatory body, or the Office shall wait until the criminal or civil judicial proceedings are complete before release of any information.
31.220 PERFORMANCE MEASURES [Eff. 2/1/15]
The Office’s annual contract shall contain performance measures that at a minimum shall include:
A. Collection and reporting of data on a monthly basis on the types, demographics and characteristics of contacts, complaints, inquiries, reviews and investigations received, as well as data on the resolution of such items and any recommendations that are developed.
B. The Office will employ strategies to increase public awareness of the purpose, function, and access to the Ombudsman’s office. In addition, the Ombudsman’s office is expected to educate the public on child maltreatment and the role of the community in keeping children safe.
C. Section 19-3.3-108, C.R.S., requires an annual report on all statutory, regulatory, budgetary or administrative recommendations relating to child protection services (see the Annual Report section of these rules).
31.230 QUALIFICATIONS OF THE OMBUDSMAN [Eff. 2/1/15]
The contract agency shall establish a committee to develop the qualifications and hiring process for the Ombudsman. The committee shall include the contract agency, county representatives, and advocates from the child protection system. The contract agency shall select the Ombudsman with full consideration of the committee’s criteria.
A. It is recommended that the Ombudsman be a full-time, qualified position with the following qualifications:
1. Is a graduate of an accredited four-year college or university. Receipt of a Masters’ or advanced degree is preferred.
2. Demonstrates five (5) years of progressively responsible experience and/or a working knowledge in promoting system efforts to ensure the safety, permanency and well-being of children.
3. Demonstrates familiarity with the many aspects of the Colorado child protection system and the obligations of protecting children while maintaining and supporting families.
4. Possesses the skills and knowledge required to establish standards of professional conduct and guiding principles for how the Office will operate in Colorado. Demonstrates the ability to utilize extensive assessment and situation analysis skills at the highest levels.
5. Exhibits excellent communication skills including an ability to communicate with a wide range of people and in a culturally competent manner. Utilizes excellent listening skills.
6. Has experience dealing with various aspects of mediation, conflict resolution or alternative dispute resolution.
7. Utilizes a working knowledge of systems and change management principles.
8. Demonstrates the ability to develop and direct an organization, including utilization of a good collaborative working style in a team environment.
9. Exhibits proven experience with human resource management, including hiring, career planning, corrective actions, and organizational development.
10. Demonstrates proven experience developing and managing budgets for an organization and demonstrates proficiency in the use of computers and data systems.
11. Utilizes effective written and verbal communication skills aimed at addressing specific issues or concerns as well as system improvement proposals. Experience and demonstrated effective relations with media highly desirable.
12. Maintains relevant education and periodic updating of qualifications needed for the Office.
13. Demonstrates decision-making based on values, principles and requirements that are consistent with State laws and regulations and consistent with current best practice in child protection.
B. Office staff, other than the official Ombudsman, conducting reviews and investigations shall have at a minimum the following background and expertise to conduct such reviews and investigations:
1. A Bachelor’s degree in social work, law enforcement or a human behavioral science field and at least three years professional casework experience; or,
2. A Master’s degree in social work or a human behavioral sciences field and at least two years professional casework experience.
C. Any selected candidate for a position in the Office shall receive a comprehensive background check conducted by the contract agency against the Colorado Bureau of Investigations (CBI), the Federal Bureau of Investigations (FBI) and the state’s child protection computer systems. In addition, all Office staff shall receive Data Security Training and sign confidentiality agreements. Records of successful completion shall be kept by the Office or the contract agency.