First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0745.01 Shelby Ross x4510
HOUSE BILL 23-1160
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING REQUIREMENTS BEFORE ADDING A PERSON SUSPECTED101
OF CHILD ABUSE OR NEGLEC T TO THE AUTOMATED CHILD102
WELFARE SYSTEM.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Before adding a person suspected of child abuse or neglect
(person) to the automated child welfare system (system), the bill requires
the department of human services (state department) to provide a written
notice to the person of the opportunity for a hearing. The person must
request a hearing no later than 90 days after the date of the written notice.
HOUSE SPONSORSHIP
Evans, Epps
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. The bill prohibits the state department from releasing a finding of
a person responsible for child abuse or neglect or the state department or
a law enforcement entity from releasing information about the person or
the allegations against the person to a third party until all administrative
appeals are either exhausted or waived.
When a hearing is requested, the bill requires an administrative
law judge (ALJ) to contact the parties to schedule the hearing no later
than 120 days after the date the person requests a hearing.
If the ALJ finds that there is sufficient evidence to support the
state department's allegations, the bill requires:
! The state department to enter the substantiated findings
against the person into the system for a period of time
proportionate to the severity of the findings; and
! Any law enforcement entity that created a record of the
alleged incident of child abuse or neglect to retain the
record pursuant to certain restrictions.
If the ALJ finds there is insufficient evidence to support the state
department's allegations, the bill requires:
! The ALJ to order the state department to amend the state
department's findings accordingly and order that allegation
not be entered into the system; and
! Any law enforcement entity that created a record of the
alleged incident of child abuse or neglect to mark the
record as unsubstantiated and retain and release the record
pursuant to certain restrictions.
The bill prohibits a finding from being entered against a person
who is less than 13 years of age.
The bill authorizes the state department, county departments of
human and social services (county departments), and law enforcement
entities to retain information concerning unsubstantiated reports of child
abuse and neglect in casework files to assist in future risk and safety
assessments; except that the state department, county departments, and
law enforcement entities shall not release any information contained in
any records that are accessible to the public or are used for purposes of
employment or background checks in cases determined to be
unsubstantiated or false.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 19-3-313.3 as2
follows:3
19-3-313.3. State department automated child welfare system4
HB23-1160-2- - written notice - no action until appeals exhausted - law enforcement1
records - administrative hearing - procedures - retention - definitions.2
(1) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT3
OTHERWISE REQUIRES:4
(a) "A
UTOMATED CHILD WELFARE SYSTEM " MEANS THE STATE5
DEPARTMENT OF HUMAN SERVICES AUTOMATED CHILD WELFARE SYSTEM .6
(b) "P
ERSON" MEANS A PERSON, INCLUDING A CHILD OR YOUTH,7
SUSPECTED OF CHILD ABUSE OR NEGLECT .8
(2) Written notice of opportunity for hearing. (a) B
EFORE THE9
STATE DEPARTMENT ADDS A PERSON TO THE AUTOMATED CHILD WELFARE10
SYSTEM AS A PERSON RESPONSIBLE FOR CHILD ABUSE OR NEGLECT , THE11
STATE DEPARTMENT SHALL PROVIDE A WRITTEN NOTICE TO THE PERSON OF12
THE OPPORTUNITY FOR A HEARING BEFORE A STATE DEPARTMENT13
ADMINISTRATIVE LAW JUDGE AFTER THE PERSON EXHAUSTS THE STATE14
DEPARTMENT'S RESOLUTION PROCESS. THE WRITTEN NOTICE MUST BE SENT15
TO THE PERSON AND ANY COUNSEL OF RECORD FOR THE PERSON IN A16
RELATED DEPENDENCY AND NEGLEC T CASE NO LATER THAN FOURTEEN17
DAYS AFTER THE DATE THE STATE DEPARTMENT ISSUED ITS FINDINGS . THE18
WRITTEN NOTICE MUST INCLUDE :19
(I) A
CLEAR STATEMENT THAT INCLUDES :20
(A) T
HE TYPE AND SEVERITY OF THE ABUSE OR NEGLECT ;21
(B) T
HE DATE OF THE REFERRAL TO THE COUNTY DEPARTMENT OF22
HUMAN OR SOCIAL SERVICES;23
(C) T
HE NAME OF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL24
SERVICES THAT COMPLETED THE INVESTIGATION OF CHILD ABUSE OR25
NEGLECT;26
(D) T
HE DATE THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL27
HB23-1160
-3- SERVICES MADE THE FINDING OF CHILD ABUSE OR NEGLECT IN THE STATE1
AUTOMATED CHILD WELFARE SYSTEM ;2
(E) I
NFORMATION CONCERNING PERSONS OR AGENCIES THAT HAVE3
ACCESS TO THE FINDING OF CHILD ABUSE OR NEGLECT ;4
(F) T
HE CIRCUMSTANCES UNDER WHICH INFORMATION CONTAINED5
IN THE STATE AUTOMATED CASE MANAGEMENT SYSTEM WILL BE PROVIDED6
TO OTHER INDIVIDUALS OR AGENCIES;7
(G) H
OW TO ACCESS INFORMATION ON THE COUNTY DEPARTMENT8
OF HUMAN OR SOCIAL SERVICE'S DISPUTE RESOLUTION PROCESS;9
(H) I
NFORMATION DETAILING THE RIGHT OF THE PERSON TO10
REQUEST A STATE-LEVEL APPEAL;11
(I) A
BLANK COPY OF THE STATE DEPARTMENT'S APPROVED APPEAL12
FORM;13
(J) N
OTICE THAT THE SCOPE OF AN APPEAL IS LIMITED TO14
CHALLENGES THAT THE FINDINGS OF CHILD ABUSE OR NEGLECT ARE NOT15
SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE OR THAT THE16
ACTIONS FOUND TO BE CHILD ABUSE OR NEGLECT DO NOT MEET THE LEGAL17
DEFINITIONS OF CHILD ABUSE OR NEGLECT PURSUANT TO SECTION18
19-1-103;
AND19
(K) A
FULL EXPLANATION OF THE PROCESS AND TIMELINES FOR A20
STATE-LEVEL APPEAL.21
(II) T
HE CONSEQUENCES OF BEING ADDED TO THE AUTOMATED22
CHILD WELFARE SYSTEM, INCLUDING POSSIBLE NEGATIVE IMPACTS ON THE23
PERSON'S EMPLOYMENT, LICENSURE, AND ABILITY TO HAVE FUTURE24
CONTACT WITH CHILDREN, INCLUDING VOLUNTEER OR SCHOOL ACTIVITIES;25
(III) I
NFORMATION ABOUT HOW THE PERSON MAY OBTAIN , AT NO26
COST TO THE PERSON, A COMPLETE COPY OF THE RECORD THAT WILL BE27
HB23-1160
-4- ADDED TO THE AUTOMATED CHILD WELFARE SYSTEM ;1
(IV) A
COMPLETE COPY OF THE LAW ENFORCEMENT RECORD , IF2
ANY, OF THE ALLEGED INCIDENT OF CHILD ABUSE OR NEGLECT ; AND3
(V) I
NFORMATION ABOUT RESOURCES AVAILABLE TO THE PERSON4
FOR ASSISTANCE IN NAVIGATING THE ADMINISTRATIVE AND APPEAL5
PROCESSES, INCLUDING INFORMATION FOR THE OFFICE OF THE CHILD6
PROTECTION OMBUDSMAN CREATED IN SECTION 19-3.3-102.7
(b) T
HE PERSON MUST REQUEST A HEARING BEFORE A STATE8
DEPARTMENT ADMINISTRATIVE LAW JUDGE NO LATER THAN NINETY DAYS9
AFTER THE DATE OF THE WRITTEN NOTICE .10
(3) No action until appeals exhausted. T
HE STATE DEPARTMENT11
SHALL NOT RELEASE A FINDING OF A PERSON RESPONSIBLE FOR CHILD12
ABUSE OR NEGLECT AND THE STATE DEPARTMENT OR A LAW13
ENFORCEMENT ENTITY SHALL NOT RELEASE INFORMATION ABOUT THE14
PERSON OR INFORMATION ABOUT THE ALLEGATIONS AGAINST THE PERSON15
TO A THIRD PARTY UNTIL ALL ADMINISTRATIVE APPEALS ARE EITHER16
EXHAUSTED OR WAIVED.17
(4) Hearing procedures. (a) I
F A PERSON REQUESTS A HEARING18
PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE STATE DEPARTMENT19
ADMINISTRATIVE LAW JUDGE SHALL CONTACT THE PARTIES TO SCHEDULE20
A DATE FOR THE HEARING, WHICH MUST BE HELD NO LATER THAN ONE21
HUNDRED TWENTY DAYS AFTER THE DATE THE PERSON REQUESTS A22
HEARING.23
(b) A
HEARING HELD PURSUANT TO THIS SECTION IS CONSIDERED24
A CONTESTED HEARING AND IS ELIGIBLE FOR APPEAL .25
(c) P
RIOR TO THE HEARING, THE STATE DEPARTMENT SHALL26
PROVIDE THE PERSON WITH THE FULL INVESTIGATIVE FILE AND ANY27
HB23-1160
-5- EXCULPATORY EVIDENCE IN THE STATE DEPARTMENT 'S POSSESSION OR1
CONTROL AT NO COST TO THE PERSON , SUBJECT TO ANY REDACTION2
REQUIRED BY LAW.3
(d) A
T THE HEARING, THE PERSON SUSPECTED OF CHILD ABUSE OR4
NEGLECT HAS THE RIGHT TO:5
(I) B
E REPRESENTED BY COUNSEL . IF COUNSEL HAS BEEN6
APPOINTED TO REPRESENT THE PERSON THROUGH THE OFFICE OF7
RESPONDENT PARENTS' COUNSEL ESTABLISHED IN SECTION 13-92-103, THE8
PERSON'S COUNSEL MAY CONTINUE REPRESENTING THE PERSON9
THROUGHOUT THE HEARING REQUESTED PURSUANT TO SUBSECTION (2) OF10
THIS SECTION IF APPROVED BY THE OFFICE OF RESPONDENT PARENTS '11
COUNSEL;12
(II) P
RESENT SWORN EVIDENCE, LAW, OR RULES RELATED TO THE13
ALLEGATIONS; AND14
(III) S
UBPOENA WITNESSES , CROSS-EXAMINE THE STATE15
DEPARTMENT'S WITNESSES, OBJECT TO EVIDENCE INTRODUCED BY THE16
STATE DEPARTMENT, AND MAKE AN OPENING STATEMENT AND CLOSING17
ARGUMENT.18
(e) W
ITHIN THIRTY-FIVE DAYS AFTER THE CONCLUSION OF THE19
HEARING, THE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE SHALL20
ENTER AN ORDER CONTAINING THE JUDGE 'S FINDINGS OF FACT AND LAW21
BASED UPON, AT A MINIMUM, A PREPONDERANCE OF THE EVIDENCE .22
(f) I
F THE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE FINDS23
THAT THERE IS SUFFICIENT EVIDENCE TO SUPPORT THE STATE24
DEPARTMENT'S ALLEGATIONS:25
(I) T
HE STATE DEPARTMENT SHALL ENTER THE SUBSTANTIATED26
FINDINGS AGAINST THE PERSON INTO THE AUTOMATED CHILD WELFARE27
HB23-1160
-6- SYSTEM FOR A PERIOD OF TIME PROPORTIONATE TO THE SEVERITY OF THE1
FINDINGS; AND2
(II) A
NY LAW ENFORCEMENT ENTITY THAT CREATED A RECORD OF3
THE ALLEGED INCIDENT OF CHILD ABUSE OR NEGLECT SHALL RETAIN THE4
RECORD PURSUANT TO SUBSECTION (5) OF THIS SECTION.5
(g) I
F THE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE FINDS6
THAT THERE IS INSUFFICIENT EVIDENCE TO SUPPORT THE STATE7
DEPARTMENT'S ALLEGATIONS:8
(I) T
HE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE SHALL9
ORDER THE STATE DEPARTMENT TO AMEND THE STATE DEPARTMENT 'S10
FINDINGS ACCORDINGLY AND ORDER THAT THE STATE DEPARTMENT SHALL11
NOT ENTER THE ALLEGATION INTO THE AUTOMATED CHILD WELFARE12
SYSTEM; AND13
(II) A
NY LAW ENFORCEMENT ENTITY THAT CREATED A RECORD OF14
THE ALLEGED INCIDENT OF CHILD ABUSE OR NEGLECT SHALL MARK THE15
RECORD AS UNSUBSTANTIATED AND RETAIN AND RELEASE THE RECORD16
PURSUANT TO SUBSECTION (5) OF THIS SECTION.17
(h) A
FINDING SHALL NOT BE ENTERED AGAINST A PERSON WHO IS18
UNDER THIRTEEN YEARS OF AGE.19
(i) A
FINDING OF INJURIOUS ENVIRONMENT BY THE STATE20
DEPARTMENT ADMINISTRATIVE LAW JUDGE IS NOT CONCLUSIVE EVIDENCE21
TO SUPPORT AN ORDER FOR SUMMARY JUDGMENT .22
(5) Retention and unauthorized release of unsubstantiated23
reports. T
HE STATE DEPARTMENT , COUNTY DEPARTMENTS , AND LAW24
ENFORCEMENT ENTITIES MAY RETAIN INFORMATION CONCERNING25
UNSUBSTANTIATED REPORTS OF CHILD ABUSE AND NEGLECT IN CASEWORK26
FILES TO ASSIST IN FUTURE RISK AND SAFETY ASSESSMENTS; EXCEPT THAT27
HB23-1160
-7- THE STATE DEPARTMENT , COUNTY DEPARTMENTS , AND LAW1
ENFORCEMENT ENTITIES SHALL NOT RELEASE ANY OF THE INFORMATION2
CONTAINED IN ANY RECORDS AND REPORTS THAT ARE ACCESSIBLE TO THE3
GENERAL PUBLIC OR ARE USED FOR PURPOSES OF EMPLOYMENT OR4
BACKGROUND CHECKS IN CASES DETERMINED TO BE UNSUBSTANTIATED OR5
FALSE PURSUANT TO SUBSECTION (4)(g) OF THIS SECTION.6
SECTION 2. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly (August9
5, 2020, if adjournment sine die is on May 6, 2020); except that, if a10
referendum petition is filed pursuant to section 1 (3) of article V of the11
state constitution against this act or an item, section, or part of this act12
within such period, then the act, item, section, or part will not take effect13
unless approved by the people at the general election to be held in14
November 2020 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
HB23-1160
-8-