| E. After Investigation |
| C.R.S. § 19-1-103(27) |
DHS
determines if the report is confirmed or unfounded. It is confirmed if supported by a
preponderance of the evidence.
|
| C.R.S. § 19-3-307(1) C.R.S. § 19-3-308 (5.3) |
Confirmed reports are forwarded to the state Department of Human Services within sixty days. |
| Currier v. Doran, 242 F.3d 905 (10th Cir. 2001) |
DHS
may be
liable for not investigating allegations of abuse when recommending
placement
with an abusive family member.
|
| Reference C.R.S. § 19-3-308(4) and (5.5) |
When
investigating any report of child abuse or neglect, DHS must use the
Safety and
Risk Assessment and Family Needs Assessment of the Colorado Assessment
Continuum. This
instrument provides
objective criteria for making any recommendations regarding whether a
child is
at risk.
|
| C.R.S. § 19-3-308(4) |
DHS
may
decide to file a D&N petition. It
may also seek a court order to take the child into protective custody.
|
| C.R.S. § 19-3-308(10) |
If
DHS files
a petition, it must notify the child’s guardian ad
litem. The
notification
must be in writing and include:
|
| C.R.S. § 19-3-309.5 |
The
county
department and a person believed to be responsible for first time minor
abuse
or neglect of a child may agree to defer the filing of a confirmed
report of
child abuse or neglect with the state department as required by C.R.S.
§
19-3-307. The
parties may enter into a
safety agreement when certain circumstances enumerated in the statute
exist.
|
| C.R.S. § 19-1-103(89) C.R.S. § 19-3-208 |
DHS
must
provide reasonable efforts to prevent or eliminate the need for
out-of-home
placement of a child.
|
| C.R.S. § 19-3-209 |
DHS
must
develop, with the family, an individual case plan for all abused and
neglected
children and families of such children in each case opened for service.
|