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WELD COUNTY
CODE ORDINANCE 2013-[ORD #1
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and hereby are, repealed and re-enacted, with amendments.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.
ARTICLE I
Child Protection Citizen Review Panel Procedures and Conflict Resolution Process
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. 250945,
Section 7.100.7 7.200.3.
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 Social 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 ditties 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.
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 Social 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, Tthe Director shall act upon the grievance within twenty (20) calendar
days after he or she receives it. He or she shall issue 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.
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.
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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.
Sec. 10-1-100. Reports.
A. Annual report to State Department of Human Services. On or before June 30 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.
S7. 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. (Weld County Code Ordinance 2004-4)
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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-[ORD #] was, on motion duly made
and seconded, adopted by the following vote on the [Notarial Date] day of [Month], A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board
Douglas Rademacher, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Barbara Kirkmeyer
Publication:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
[Pre -Publish Date], 2013
[First Reading], 2013
[First Publication], 2013, in the Greeley Tribune
[Second Reading], 2013
[Second Publication]. 2013, in the Greeley Tribune
[Final Reading], 2013
[Final Publication], 2013, in the Greeley Tribune
[Effective Date], 2013
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