D.  Investigation

C.R.S. § 19-3-308(1)
DHS must begin investigating immediately after receiving the report. Protecting the child and, if appropriate, preserving the family are the immediate concerns. 

C.R.S. § 19-3-308(2)
Investigations address the risks of harm to the child and the appropriate response to such risks, and include:
  • Credibility of the report;
  • Nature, extent and cause of the abuse or neglect;
  • Identity of the person responsible for the abuse or neglect;
  • Names and conditions of other children in the same place;
  • Child’s environment and relationship to the person responsible;
  • Other pertinent data.
C.R.S. § 19-3-308(3)
The investigator must interview or observe the child. This may include a visit to the child’s home, placement or wherever the child is located. 

C.R.S. § 19-3-308.5
The interview may be recorded by audio or videotape.

C.R.S. § 19-3-308(3)(a)
The investigator must also give any alleged perpetrator an opportunity to respond. The investigator must first advise the alleged perpetrator of the allegations and the circumstances surrounding them.

C.R.S. § 19-3-308(1.5)
If DHS determines from the investigation that the issues may be attributable to the child’s mental health status, rather than dependency and neglect issues, and that mental health treatment may be more appropriate, DHS must contact the local mental health center.

C.R.S. § 27-10.3-104
If it appears that, rather than a child abuse or neglect action, the child’s mental health status is the main concern, a parent may refer the matter to the local mental health agency, which must assess whether it will provide appropriate residential treatment services. If the mental health agency determines there is reasonable cause to know or suspect a child has been abused or neglected, then the agency must contact the appropriate DHS. The mental health agency, DHS and the child’s family must meet within ten days to determine whether a D&N is more appropriate.

C.R.S. § 19-3-308(4.5)
State DHS must investigate reports of institutional abuse or neglect.

C.R.S. § 19-3-308(5.3)
Law enforcement must investigate reports of third-party abuse or neglect. If the child is under the age of ten, DHS must investigate.

Ferguson v. City of Charleston, 532 U.S. 67 (2001)
Pregnant women may not be subject to nonconsensual random drug testing without a warrant. This violates the Fourth Amendment reasonable search requirement.