HomeMy WebLinkAbout20010762.tiff RESOLUTION
RE: APPROVE AMENDMENT TO WELD COUNTY CHILD PROTECTION CITIZEN
REVIEW PANEL PROCEDURES AND CONFLICT RESOLUTION PROCESS
CONCERNING THE CONDUCT OF DEPARTMENT PERSONNEL IN PERFORMING
THEIR DUTIES PURSUANT TO ARTICLE 3 OF THE COLORADO CHILDREN'S
CODE
WHEREAS, the Board of County Commissioners of Weld County, 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, by Resolution dated January 5, 1998, the Board approved the Child
Protection Citizen Review Panel Procedures and Conflict Resolution Process Concerning the
Conduct of Department Personnel in Performing Their Duties Pursuant to Article 3 of the
Colorado Children's Code ("Review Panel Procedures"), and
WHEREAS, the Review Panel Procedures were amended by Resolution of the Board on
April 12, 1999, and
WHEREAS, the Board has been presented with a proposed amendment to the Review
Panel Procedures as shown herein, and
WHEREAS, after review, the Board deems it advisable to approve said amendment to
the Review Panel Procedures.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the following amendment to the Child Protection Citizen Review
Panel Procedures and Conflict Resolution Process Concerning the Conduct of Department
Personnel in Performing Their Duties Pursuant to Article 3 of the Colorado Children's Code, be,
and hereby is, approved:
Delete Section III. A. of the Review Panel Procedures, and add the following:
III. DEFINITIONS
The following definitions shall be applicable in the operation of the Citizen Review Panel:
A. Administrative Liaison: means 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.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign the version of said Review Panel Procedures, as amended, which is dated March 21,
2001.
2001-0762
OC •' S Vs SS0028
CHILD PROTECTION CITIZEN REVIEW PANEL PROCEDURES AND CONFLICT
RESOLUTION PROCESS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of March, A.D., 2001.
BOARD OF C UNTY COMMISSIONERS
WELD COU Y, COLORADO
ATTEST: II ' p`� 2
I/I L [Cs
M. J. eile, Chairman
Weld County Clerk to t j' B.: V
1 1 86 1 (' tj P. �p
'tom` 1♦,
( �� Glenn Vaad, m
BY: _.& • ��.s.. ' .�►I
Deputy Clerk to the `s:� � EXCUSED
William H. Jerke
AP OV AS TO RM: EXCUSED DATE OF SIGNING (AYE)
David E. Long
ounty At or ey
( 1\ , 1
Ro ert D. Masden
2001-0762
SS0028
WELD COUNTY CHILD PROTECTION CITIZEN REVIEW PANEL PROCEDURES
AND CONFLICT RESOLUTION PROCESS CONCERNING THE CONDUCT OF
DEPARTMENT PERSONNEL IN PERFORMING THEIR DUTIES
PURSUANT TO ARTICLE 3 OF THE COLORADO CHILDREN'S CODE
ENABLING AUTHORITY
Enabling authority for the Citizen Review Panel and Conflict Resolution Process is found
in Article 3, Part 2, Section 19 of Title 19 of the Colorado Revised Statutes, C.R.S. § 19-3-
211 ("Colorado Children's Code"). Further authority is found at 12 C.C.R. 2509-5,
§ 7.400.7.
II. 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.
III. DEFINITIONS
The following definitions shall be applicable in the operation of the Citizen Review Panel:
A. Administrative Liaison: means 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.
B. Board: means the Board of County Commissioners of Weld County.
C. Citizen Review Panel: means 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.
D. Conduct of an employee of the Department: means behaviors or actions that are
contrary to state or federal law or regulation, or are dangerous, malicious, or
negligent to/toward the well-being of the Complainant or child(ren)who are involved
in a dependancy or neglect case. The term does not include conduct a prudent,
reasonable professional would utilize in similar circumstances of an investigation or
case management.
Page 1 of 9 Pages
2001-0762
E. Complainant:means 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 C.R.S. § 19-3-211.
F. Director: means the Director of the Weld County Department of Social Services.
G. Department: means the Weld County Department of Social Services.
H. Grievance: means 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. .
I. Recommendation: means 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 Panels' recommendations, he or she is entitled
to all applicable safeguards,including procedural rights of appeal,afforded under the
Weld County Personnel Policies Handbook.
J. Subject Employee: means an employee of the Department whose conduct is the
subject of a Grievance.
IV. 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 ("the
State Department").
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. 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 for a three (3) year term.
Members may apply for reappointment at the end of the first term, but in no event
may serve for more than two consecutive terms.
Page 2 of 9 Pages
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.
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,maybe removed at the sole
discretion of the Board for nonperformance of duty or misconduct.
V. OFFICERS AND MEETINGS
A. Chair and Vice Chair: A Chair and Vice Chair shall be elected annually by a
majority of the membership for 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 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 Panel shall be taken by vote, with a
majority of those members present needed to approve a vote.
VI. 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 Panel on any such matter, in order to
avoid any appearance of undue influence on the other Panel members.
Page 3 of 9 Pages
VII. THE GRIEVANCE PROCESS
A. Filing the Grievance:
1. Written Grievance: The Grievance must be submitted to the Department
in writing no later than thirty (30) calendar days of the alleged incident of
employee conduct which is complained of, and must state the following:
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); and
d. The resolution desired by the Complainant.
When a Grievance is received, the Department 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 to the Director for
resolution. Grievances may only concern the conduct of the Subject
Employee in performing his or her duties under Article 3 of the Colorado
Children's Code and must fit within the definition of"Grievance" set forth
above.
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,then
the Grievance is considered closed. If the Grievance is not resolved to the
Complainant's satisfaction within said twenty (20) calendar days, then 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,
the Complainant, and Subject Employee.
Page 4 of 9 Pages
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('/2)hour in which
to present his or her Grievance,including any pertinent documentation. The
Subject Employee shall then be allowed one half (%2) 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 Panel 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
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 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 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,
the Complainant, his or her non-legal representative,the Subject Employee,
his or her non-legal representative,and the 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 Panel and the Administrative Liaison present. If desired by the Panel,the
Panel may consult with the Weld County Attorney, or his or her designees,
Page 5 of 9 Pages
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.
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, the Complainant, and the Subject
Employee. If the Director, the Complainant, or the Subject Employee has
questions concerning the Panel's written Recommendation, he or she may
submit them to the Panel in written form, within five (5) working days of
receiving the Recommendation, with a copy to the other parties. The Panel
shall then respond,in writing,to such inquiry within two (2)calendar weeks
to both the Director, the Complainant, and the 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 Panel may not inquire 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 Panel may not inquire into the conduct of courts,
attorneys, law enforcement officials, employees of the State Department,
foster parents or other providers of services to children, or other family
members.
D. Post Review Procedures:
1. 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 Panel. If
the Director is in agreement with the Recommendations, the Director shall
Page 6 of 9 Pages
issue a written final decision as to the recommended course of action,which
shall be provided to the Complainant and to the 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 the Director disagrees
with the Recommendation of the Citizen Review Panel, the Grievance shall
be referred to the Board for review. Such referral must be made by the
Director within thirty (30) calendar days of receiving of the final
Recommendation of the 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, the Complainant, and the 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 the 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 Weld County Personnel Policies Handbook.
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 the Citizen Review Panel within thirty(30)calendar days after
he or she issues the final written decision. The Complainant and the Subject
Employee shall both be provided a copy of the Director's written report to
the Panel.
VIII. SCOPE OF RECOMMENDATIONS
A. Recommendations 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 recommendations
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' recommendations,he
or she is entitled to all applicable safeguards, including procedural rights of appeal
Page 7 of 9 Pages
afforded under the Weld County Personnel Policies Handbook.
B. Recommendations beyond scope of authority: Recommendations that are beyond
the authority of the Panel and cannot be made include, but are not limited to, the
following:
1. Recommendations as to whether abuse or neglect should or should not
be substantiated.
2. Recommendations as to whether or not an incident of abuse or neglect should
result in a listing on the Central Registry.
3. Recommendations as to whether or not dependency or neglect or criminal
charges should be filed.
4. Recommendations as to what orders should be entered in any legal action,
including,but not limited to, orders concerning child custody,placement,or
visitation.
5. Recommendations as to an appropriate treatment plan for a child or family.
6. Recommendations regarding the removal of a child from his/her parent,
guardian, or custodian.
IX. 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, C.R.S. §§ 19-1-120 and 24-6-402
(4)(c)], meetings of the Panel shall be closed to the public.
B. Access to Records and Reports: Pursuant to C.R.S. § 19-3-211 (1)(f),the Citizen
Review Panel shall have access to those reports of child abuse or neglect and that
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 cannot be provided to the Panel. 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 in any
other case file record to which he or she has been provided access. Each member of
the 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 other information,including personnel information,from
the Department files to be shared with the Panel, and pledging not to further
Page 8 of 9 Pages
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.
X. REPORTS
A. Annual Report to State Department: On or before June 30 of each year, the
Department shall submit to the State Department 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; and
5. A brief description of the disposition of the Grievances, including:
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; and
e. The number resolved in other ways.
XI. 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.
Revised 3/21/01
M:\ESTHER\ATTORNEYU¢AMCIT.WPD
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