HomeMy WebLinkAbout20132895.tiffWELD COUNTY
CODE ORDINANCE 2013-8
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 10
SOCIAL SERVICES, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 10
ARTICLE I
Child Protection Citizen Review Panel Procedures and Conflict Resolution Process
Amend Sec. 10-1-10. Enabling authority.
Enabling authority for the Citizen Review Panel and conflict resolution process is found in
Article 3, Part 2, Title 19, C.R.S. ("Colorado Children's Code"). Further authority is found at 12
C.C.R. 2509-5, Section 7.200.3.
Amend Sec. 10-1-30. Definitions.
The following definitions shall be applicable in the operation of the Citizen Review Panel.
Action means duties performed by and decisions made by a Department employee to
ensure the health, safety and welfare of children as prescribed by Colorado law. Actions
include but are not limited to a decision to remove a child from the home or a finding of child
abuse and neglect.
Conduct means an illegal, malicious, negligent, or dangerous behavior by a county
department employee when performing his/her duties under Article 3 of the Children's Code.
Department means the Weld County Department of Human Services.
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Grievance means a complaint regarding an action taken by an employee of the
department, or a complaint filed by a complainant concerning the conduct of Department
employees in performing their duties under Article 3 of the Colorado Children's Code. The term
does not include complaints regarding actions by the courts, attorneys, law enforcement
officials, employees of the State of Colorado, foster parents or other providers of services to
children, or other family members.
Amend Sec. 10-1-70. Grievance process.
A. Filing the grievance.
1. Written Grievance. The grievance must be submitted to the Administrative
Liaison in writing no later than sixty (60) calendar days of the alleged incident of
employee conduct which is complained of, and must state the following
information.
a. The complainant's full name and mailing address.
b. A short, specific statement of the complainant's grievance.
c. The applicable case name and number (if known).
d. The resolution desired by the complainant.
When a writing is received, within two (2) working days of such receipt, the
Administrative Liaison shall determine whether the writing is a grievance as that
term is defined in Section 10-1-130 of this Code, filed according to the time
requirements set forth in this Section. If the writing sets forth a grievance and is
timely filed, the Administrative Liaison shall transmit the grievance to the
Department's Human Services Administrator, who shall attempt to resolve it
informally. If the grievance is not resolved to the complainant's satisfaction, it
shall be transmitted within ten (10) working days of its receipt by the Department
to the Director for resolution. If the Administrative Liaison determines that the
writing is not a grievance, the complainant may appeal such determination to the
Board of County Commissioners, pursuant to the procedures set forth in Section
2-4-10 of this Code, with the exception that the written appeal must be received
by the Clerk to the Board no later than thirty (30) calendar days following the
Administrative Liaison's determination.
2. Director action. Regardless of whether the grievance concerns an action or the
conduct of a department employee, the Director shall act upon the grievance
within twenty (20) calendar days after he or she receives it by issuing a written
decision. If the grievance is resolved to the complainant's satisfaction, the
grievance is considered closed.
a. If the grievance concerns an employee's conduct, is not resolved to the
complainant's satisfaction within said twenty (20) calendar days, and the
complainant has requested the grievance be referred to the citizen review
panel, the Director shall refer the grievance to the Citizen Review Panel
for consideration.
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b. Filing a grievance concerning an action by a department employee does
not modify the time frames for pursuing other forms of relief available
under Colorado statute or the rules governing child welfare services. If the
grievance concerns an action by a department employee, and the
complainant is not satisfied with the resolution, the complainant may
pursue other forms of relief available under Colorado law.
3. Transmittal to Citizen Review Panel. The grievance shall then be transmitted
within five (5) working days to the Citizen Review Panel, together with the
Director's proposed resolution.
4. Citizen Review Panel to convene hearing. Within thirty (30) calendar days after
receipt of the grievance from the Director, the Citizen Review Panel shall review
or convene a hearing and send its written recommendation regarding the
grievance, together with the basis for its recommendation, to the Director,
complainant and subject employee.
Amend Sec. 10-1-100. Reports.
A. Annual report to State Department of Human Services. On or before July 31 of each
year, the Administrative Liaison shall submit to the State Department of Human Services
an annual report which includes the following information.
1. The number of grievances received by the Director.
2. The number of grievances referred to the Citizen Review Panel.
3. The number of grievances referred to the Board.
4. The actual time frames for resolving grievances at each level.
5. A copy of this grievance policy.
6. A list identifying the citizen review panel members.
7. A brief description of the disposition of the grievances, including the following:
a. The number resolved without action taken.
b. The number resolved by case reassignment.
c. The number resolved by requiring additional training.
d. The number resolved by imposing disciplinary action against a
Department employee.
e. The number resolved in other ways.
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BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and subsections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2013-8 was, on motion duly made and
seconded, adopted by the following vote on the 14th day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO NI Y COLORADO
ATTEST:
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Weld County Clerk to the Board
BY
Deputy
ou
y Attorney
First Reading:
Publication:
I'm Garcia, Chair
Douglas
can P. Conway
er, Pro-Tem
I I CA -4 3L
ke Freeman
rbara Kirkmey
September 4, 2013
September 11, 2013, in the Greeley Tribune
Second Reading: September 23, 2013
Publication: October 2, 2013, in the Greeley Tribune
Final Reading: October 14, 2013
Publication: October 23, 2013, in the Greeley Tribune
Effective: October 28, 2013
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Steve Moreno, Clerk and Recorder: Weld County, CO
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