HomeMy WebLinkAbout20042115.tiff WELD COUNTY
CODE ORDINANCE 2004-4
IN THE MATTER OF ADDING CHAPTER 10 SOCIAL SERVICES TO 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 inclusion of Chapter 10, Social Services.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 10 Social Services is added, to read as follows
CHAPTER 10
SOCIAL SERVICES
ARTICLE I
Child Protection Citizen Review Panel Procedures
and Conflict Resolution Process
Sec. 10-1-110. 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 7.400.7.
Sec. 10-1-120. Purpose.
The information contained in this document is intended to fulfill three purposes: 1) to inform grieving
parties of their rights and obligations in the Conflict Resolution Process; 2) to act as written
procedures for the implementation of the Citizen Review Panel and Conflict Resolution Process;
and 3) to comply with the requirements of the legal authority and requirements cited above.
Sec. 10-1-130. Definitions.
The following definitions shall be applicable in the operation of the Citizen Review Panel.
Administrative Liaison-A person who has been appointed by the Board for the purpose of
assisting the Citizen Review Panel in coordinating and completing its duties pursuant to
these Procedures and Conflict Resolution Process.
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Board- The Board of County Commissioners of Weld County.
Citizen Review Panel - An advisory body appointed by the Board to hear and make
recommendations concerning grievances filed concerning the conduct of Department
employees in performing their duties under Article 3 of the Colorado Children's Code.
Complainant-Any person who was the subject of an investigation of a report of child abuse
or neglect or any parent,guardian,or legal custodian of a child who is the subject of a report
of child abuse or neglect and brings a grievance against the Department in accordance with
Section 19-3-211, C.R.S.
Director- The Director of the Weld County Department of Social Services.
Department- The Weld County Department of Social Services.
Grievance - A complaint filed 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.
Recommendation-A proposed course of action that may be implemented by the Director
to resolve a grievance. These proposed actions may include recommendations for case
reassignment, personnel training, and disciplinary action against the subject employee. If
any disciplinary action is initiated against the subject employee as a result of the panel's
recommendations, he or she is entitled to all applicable safeguards, including procedural
rights of appeal, afforded under the provisions of Chapter 3 of this Code.
Subject Employee - An employee of the Department whose conduct is the subject of a
grievance.
Sec. 10-1-140. Membership, Appointment, and Terms.
A. Membership and Appointment. The Citizen Review Panel shall consist of five (5)
regular members and two (2) alternate members appointed by the Board without
influence from the Department or the State Department of Human Services.
B. Membership Qualifications. All members of the Citizen Review Panel shall be
residents of Weld County. The panel members shall be representative of the
community,have demonstrable personal or professional knowledge and experience
with children,and shall not be employees or agents of the Department or of the State
Department of Human Services. At least one of the members must be a parent of
a minor child at the time of his or her appointment.
C. Term of Membership. All appointments shall be fora three(3)year term. Members
may apply for reappointment at the end of the first term, but in no event may serve
more than two consecutive terms.
D. Attendance. In the event that a regular member is unable to attend a meeting or
meetings of the Citizen Review Panel,one of the alternate members shall act in the
absent member's place.
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E. Vacancy. In the event that a member dies or resigns prior to the expiration of that
member's term, the Board shall appoint a new member to fill the vacancy.
F. Removal. Any member, whether regular or replacement, may be removed at the
sole discretion of the Board for nonperformance of duty or misconduct.
Sec. 10-1-150. Officers And Meetings.
A. Chair and Vice Chair. A Chair and Vice Chair shall be elected annually by a majority
of the membership of the Citizen Review Panel. The Chair shall be responsible for
conducting all meetings. The Vice Chair shall substitute for the Chair in the absence
of the Chair.
B. Role of Administrative Liaison. The Administrative Liaison shall attend all meetings
of the Citizen Review Panel and provide needed assistance,including, but not limited
to, providing notice of meetings, arranging for meeting space, making materials
available to members, and maintaining records of the proceedings. The
Administrative Liaison shall also act as secretary to the Citizen Review Panel.
C. Time and Place of Meetings. The Citizen Review Panel shall determine a time and
place for meetings. Meetings shall be called as needed by the Chair.
D. Quorum and Vote. Three (3) members shall constitute a quorum of the Citizen
Review Panel. All official actions of the Citizen Review Panel shall be taken by vote,
with a majority of those members present needed to approve a vote.
Sec. 10-1-160. Conflicts of Interest.
No member shall participate in, or vote with respect to, any matter, if the member has a financial,
personal, or official interest in, or conflict with, the matter of such nature that it prevents or may
prevent that member from acting on the matter in an impartial manner. Any member having such
an interest or conflict shall reveal such fact,to the extent possible, prior to any Citizen Review Panel
meeting or action on the matter, and shall refrain from sitting and participating with the panel in its
consideration of,and decision on,such matter. Moreover, no such member shall testify before the
Citizen Review Panel on any such matter, in order to avoid any appearance of undue influence on
the other panel members.
Sec. 10-1-200. The 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).
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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 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. The Director shall act upon the grievance within twenty(20)
calendar days after he or she receives it. He or she shall issue a written
decision. If the grievance is resolved to the complainant's satisfaction, the
grievance is considered closed. If the grievance is not resolved to the
complainant's satisfaction within said twenty(20)calendar days,the Director
shall refer the grievance to the Citizen Review Panel for consideration.
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 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.
B. Citizen Review Panel Hearing Procedures. Hearings of the Citizen Review panel
shall be conducted in an informal and efficient manner,while observing principles of
fundamental fairness with respect to all interested parties. The following guidelines
shall apply:
1. Who May Address Citizen Review Panel. Only the complainant and the
subject employee, or one non-legal representative of each, may directly
address the Citizen Review Panel.
2. Presentations. The complainant shall be allowed one-half hour in which to
present his or her grievance, including any pertinent documentation. The
subject employee shall then be allowed one-half hour in which to respond to
the grievance, including any pertinent documentation. The members of the
Citizen Review Panel may ask questions at any time during the
presentations. At the conclusion of the presentations, members of the panel
may ask either the complainant or the subject employee to respond to further
questions or to provide further documentation. The Citizen Review Panel
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may not receive any documentation unless the documentation is directly
related to a grievance properly referred.
3. Testimony. At the request of the complainant or the subject employee, the
Citizen Review Panel may, as part of its review, take informal testimony
submitted voluntarily and without oath or fee by experts or other individuals,
including Department personnel. Such testimony is not subject to
cross-examination or objection by the parties to the grievance, but Citizen
Review Panel members may ask any pertinent questions of witnesses who
appear. The panel may also request and receive information from any other
county or city and county that may be pertinent to the grievance. The Citizen
Review Panel may not receive any testimony unless the testimony is directly
related to a grievance properly referred.
4. Attendance. No persons other than members of the Citizen Review Panel,
complainant, his or her non-legal representative, subject employee, his or
her non-legal representative, and Administrative Liaison may attend the
hearing. All other persons who are asked to testify may be present only
while giving testimony. No legal representatives of either the complainant or
the subject employee may attend the hearing.
5. Deliberation. At the conclusion of the presentations by the complainant and
the subject employee, the Citizen Review Panel shall discuss alternative
methods of resolving the grievance and vote concerning the panel's
recommendation. This deliberation shall proceed with only the members of
the Citizen Review Panel and the Administrative Liaison present. If desired
by the Citizen Review Panel, it may consult with the Weld County Attorney,
or his or her designees, for legal advice concerning the grievance or the
panel's recommendation.
6. Record of Proceedings. The Citizen Review Panel shall keep a record of all
of its proceedings. All hearings shall be tape recorded. At the conclusion of
the hearing, the complainant may listen to the tape recording, but shall not
be allowed a copy thereof because of the confidential nature of the
proceedings.
7. Citizen Review Panel Recommendations. Within thirty (30) days after its
receipt of the grievance, the Citizen Review Panel shall submit a written
recommendation concerning the grievance, along with the basis of its
recommendation,to the Director,complainant, and subject employee. If the
Director, complainant, or subject employee have questions concerning the
panel's written recommendation, he or she may submit them to the Citizen
Review Panel in written form, within five (5) working days of receiving the
recommendation,with a copy to the other parties. The Citizen Review Panel
shall then respond, in writing, to such inquiry within two(2) calendar weeks
to both the Director, complainant, and subject employee.
C. Finality of Review.
1. Further Inquiry. Once the Citizen Review Panel has made a
recommendation concerning a grievance, or the time for making such a
recommendation has expired, the Citizen Review Panel may not inquire
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further into the grievance.
2. Additional Grievance. Once the Citizen Review Panel has reviewed a
grievance, it shall not review any additional grievance filed by the same
complainant concerning the same facts at a later date.
3. No Inquiry. The Citizen Review Panel may not inquire into actions of a
Department employee if no grievance concerning that employee has been
filed and such grievance has not been properly referred to the panel for
review. Furthermore, the Citizen Review Panel may not inquire into the
conduct of courts, attorneys, law enforcement officials, employees of the
State Department of Human Services, foster parents or other providers of
services to children, or other family members.
D. Post Review Procedures.
1. Weld County Director Review, Within thirty(30) calendar days of receipt of
the final recommendation of the Citizen Review Panel, the Director shall
review the recommendation and indicate whether or not he or she is in
agreement. If a request for clarification has been made to the panel, the
thirty (30) days does not begin to run until receipt of the written response
from the Citizen Review Panel. If the Director is in agreement with the
recommendation, the Director shall issue a written final decision as to the
recommended course of action,which shall be provided to the complainant
and subject employee. If the complainant is in agreement with the Director's
final written decision, the grievance is considered closed.
2. Referral to the Board. If either the complainant or Director disagrees with the
recommendation of the Citizen Review Panel,the grievance shall be referred
to the Board for review. Notice of such disagreement must be in writing and
be received by the Administrative Liaison within ten(10)calendar days after
the receipt of the Director's final written decision. Such referral must be
made by the Director within thirty(30)calendar days of receiving of the final
recommendation of the Citizen Review Panel,and by the complainant within
five (5)working days of receiving the Director's final decision. All referrals
to the Board must be in writing.
3. Board Recommendation. Within thirty (30) calendar days of receiving the
grievance,the Board shall submit its written recommendation,and basis for
such recommendation,to the Director, complainant,and subject employee.
4. Director's Final Written Decision.The Director shall then issue a final written
decision that shall include the Director's plan for implementation of the
recommendation. This final decision of the Director shall be provided to the
complainant and subject employee. Such decision is final and may not be
appealed by the complainant. If, by the Director's decision, disciplinary
action is initiated against the subject employee, he or she is entitled to all
applicable safeguards, including procedural rights of appeal afforded under
the provisions of Chapter 3 of this Code.
5. Director's Final Report to Citizen Review Panel. The Director shall prepare
and send a written report, which details the disposition of the grievance, to
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the Citizen Review Panel within thirty (30) calendar days after he or she
issues the final written decision. The complainant and subject employee
shall both be provided a copy of the Director's written report to the Citizen
Review Panel.
Sec. 10-1-210. Scope of Recommendation.
A. Recommendation Within Scope of Authority. Recommendations made by the
Citizen Review Panel and/or the Board shall be limited to actions which will resolve
the grievance and that may be implemented by the Director. The recommendation
may include recommendations for case reassignment, personnel training, and
disciplinary action against the subject employee. If any disciplinary action is initiated
against the subject employee as a result of the panels'recommendation, he or she
is entitled to all applicable safeguards, including procedural rights of appeal afforded
under the provisions of Chapter 3 of this Code.
B. Recommendation Beyond Scope of Authority. Recommendations that are beyond
the authority of the Citizen Review Panel and cannot be made include, but are not
limited to, the following:
1. Recommendation as to whether abuse or neglect should or should not be
substantiated.
2. Recommendation as to whether or not an incident of abuse or neglect should
result in a listing on the Central Registry.
3. Recommendation as to whether or not dependency or neglect or criminal
charges should be filed.
4. Recommendation as to what orders should be entered in any legal action,
including, but not limited to, orders concerning child custody, placement, or
visitation.
5. Recommendation as to an appropriate treatment plan for a child or family.
6. Recommendation regarding the removal of a child from his/her parent,
guardian, or custodian.
Sec. 10-1-220. Access to Records and Confidentiality.
A. Meetings Closed to the Public. Because the work of the Citizen Review Panel deals
with information concerning child abuse and neglect investigations and personnel
matters,which by statute are confidential[See Section 19-1-120 and 24-6-402(4)(c),
C.R.S., meetings of the Citizen Review Panel shall be closed to the public.
B. Access to Records and Reports. Pursuant to Section 19-3-211(1)(f), C.R.S., the
Citizen Review Panel shall have access to those reports of child abuse or neglect
and information from the complete case file which the Board believes is pertinent to
the grievance. All identifying information concerning any person who reported child
abuse or neglect will be redacted from such reports. Additionally, no participant in
the conflict resolution process, including the complainant, may divulge or make
public any confidential information contained in a report of child abuse or neglect or
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in any other case file record to which he or she has been provided access. Each
member of the Citizen Review Panel shall be required, as a condition of
membership, to sign an affirmation acknowledging the confidential nature of the
information concerning abuse and neglect investigations and all other information
from the Department files to be shared with the Citizen Review Panel,and pledging
not to further disseminate, divulge, or make public any confidential information to
which he or she has been provided access as part of his or her duties as a panel
member.
C. Statistical Information. Statistical information which does not disclose the names of
complainants or subject employees may be released to the public.
Sec. 10-1-230. Reports.
A. Annual Report to State Department of Human Services. On or before June 30 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 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.
Sec. 10-1-240. Applicability.
The Citizen Review Panel Procedures and Conflict Resolution Process set forth herein shall apply
to complaints concerning the conduct of Department personnel in performing their duties pursuant
to Article 3 of the Colorado Children's Code for such conduct occurring after the date of adoption
herein by the Board.
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 sub-
sections 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
sub-sections in said Code.
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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 2004-4 was, on motion duly made and
seconded, adopted by the following vote on the 18th day of August, A. D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Robert D. Masden, Chair
Weld County Clerk to the Board
William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
David E. Long
County Attorney
Glenn Vaad
Publication: June 19, 2004
First Reading: July 7, 2004
Publication: July 14, 2004, in the Fort Lupton Press
Second Reading: July 26, 2004
Publication: July 31, 2004, in the Fort Lupton Press
Final Reading: August 11, 2004
Publication: August 18, 2004, in the Fort Lupton Press
Effective: August 22, 2004
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