HomeMy WebLinkAbout980028.tiff RESOLUTION
RE: APPROVE 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 AND
AUTHORIZE CHAIR TO SIGN
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, the Board has been presented with 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 for
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Social Services with terms and conditions being
as stated in said Child Protection Citizen Review Panel Procedures and Conflict Resolution
Process, and
WHEREAS, after review, the Board deems it advisable to approve said Child Protection
Citizen Review Panel Procedures and Conflict Resolution Process, a copy of which is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that 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 for the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Social Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Child Protection Citizen Review Panel Procedures and Conflict Resolution Process.
980028
SS0024
02 &cc )0c}
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 5th day of January, A.D., 1998, nunc pro tunc January 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ►l i. I,, C `,o-7
i ...
Constance L. Harbert, Chair
Weld Count' ; c`. H. / u .�
t. 4I ►
fin•. W. bster, Pro-T
BY: ��CfZh_!�' •sr
Deputy Cle '(S � W -5e"
eorge E. Baxter
APP AS TO F M:
Dale K. Hall
unty Attorne EXCUSED
Barbara J. Kirkmeyer
980028
SS0024
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 an employee of the Department who has been
appointed by the Director 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
980028
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 one (1)year term. Members
may apply for reappointment on an annual basis, 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,may be 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 ('/z) 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.
Adopted 1/5/98
M\W PF ILE SWOLICY W DOPTGRI.BIB
Page 9 of 9 Pages
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 an employee of the Department who has been
appointed by the Director 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 Weld County Board of Social Services. The Board of County
Commissioners of Weld COmaty [the"Governor$Body" as defined in C.R.S. § 19-1-
103'(54)] delegates its role as)he"Governor Body" in CRS. § 19-3-211 and
12 C.C.R. 2509-5, § 7.400.7 'o the Weld County Board of Social Services:
C. Citizen Review Panel: means an advisory body appointed by the Wcld County
Board of Social Scrvicou 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,
Page 1 of 10 Pages
reasonable professional would utilize in similar circumstances of an investigation or
case management.
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. This includes complaints regarding the behavior or eonduet of the employee,
but Thy r idoes 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. It does not include
conduct a prudent, reasonable professional would utilize in similar circumstances of
an investigation or ease management, nor does it include normal, regular case
management or activities involved in working with or protecting the best interests of
children, such as removal from or refusal to remove a child from his/her parent,
guardian, or custodian. It also dots not include complaints regarding the outcome
of an investigation, e.g., whether or not an allegation i., substantiated.
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)
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
Page 2 of 10 Pages
residents of Weld County. The Panel members shall be representative of the
community, have 4#_ ),ItlaWpersonal 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 one (1)year term. Members
may apply for reappointment on an annual basis, but in no event may serve for more
than two consecutive terms.
D. Attendance: In the event that a member is unable to attend a meeting or meetings
of the Citizen Review Panel, no substitute member shall be appointed to 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,may be 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
Page 3 of 10 Pages
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.
VII. THE GRIEVANCE PROCESS
A. Pre-Grievance Procedures: Prior to a complaint about the conduct of a Department
employee being filed with the Department, the following steps must be completed.
•
of the alleged iin;iele.at of e.nplvyt,e ce..du t which is ce...plai...,d of, tl.,,
complaining party must address the complaint to the Subject Employee,
cithcr orally or in writing.
2. Address Complaint to Immediate Supers isor: If this e,,.nYlai.,i.s pa).ky
must, within five (5) working days of receiving such response, address the
complaint to the Subject Employee's immediate supervisor, either orally or
in writing.
dissatisfied with the immediate supervisor's response,the complaining party
must then, within five (5) working days of receiving such response, address
the complaint to the supervisor in charge of that part of the Department where
the Subject Employee is employed, eitln,r orally or in writing:
$4. Filing the Formal Grievance:
1. Written Grievance: The Grievance must be submitted tdiffie Dttment
in t" $un4 later than fifteen{15) working gait.Offt,ItiOaed inifiirnt of
en*OitCapOuet Which is epmplained of, mitts. legibly on the Lunt
provided by the Department to the Department and must state the following:
a. The Complainant's full name and mailing address;
b. A short, specific statement of the Complainant's Grievance;
c. The applicable case name and number (ifhnown); and
Page 4 of 10 Pages
d. The aetiert restlittion desired by the Complainant.
No attachments will be accepted. When a Grievance is received, the
PC--;" I tltmpt to xesolve ;1 'orrrcaljy If the,, nearest e*is� ;ot
re$ „,u .: ' :, "pl0tlrant's sattsfa oni 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) days lie or"she,rrcpgwes lt. 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 x t#Wsgtd tWeft3(20),sdtencar 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.
E 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; One iiftro 1Tepresene ofi e 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
Page 5 of 10 Pages
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 herrygtt leg it bntatiwe the Subject Employee,
11,1totingoi@gaj14OtTowoyexand 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,
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.
Page 6 of 10 Pages
D C Finality of Review:
1. Further Inquiry: Once the Citizen Review Panel has made a
Recommendation concerning the 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.
E 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
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
Page 7 of 10 Pages
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
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 npt llt u/1W, the
following:
1. Recommendations as to whether ernet 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,
Page 8 of 10 Pages
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. x{tfn atdatrtrrts ogardtiag,, e r : of relic d fxtAt4 h pz'p*nf
41.***or cu "dx
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 yourself thtr Coniplatriant,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 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;
Page 9 of 10 Pages
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.
Rev. 1/98
C\WPW M60\WPDOCSVWEW GRIE,BTB
Page 10 of 10 Pages
• •
r
3 I9-3-2n 'iiI 3 -)I.emu liDL _itP,TCross References
nces
who is 1 L ttei
Cotacde se y of dependency and neglect rec-
`_. what shall i uihtc
oral, access.see§ 19-1-307.
(el sir, meant:
:c', § 19-3-210. Repealed by Laws 1996, H.B 9f*--1167, § 124 limiter I- acriom
recommendations
Historical and Stal.utery Notes ing a coat t c e
department empl
The repealed section,which related to the estab- declaration of the vote thereon by proclamation of right, including 1
lishment of a task force to examine the rights and the governor; except that section 91 shall only
responsibilities of foster parents, and a report of take effect if House Bill 96-1219 does not pass.' or othc: applical'
the task force study,was derived from Laws 1993. For legislative declaration provisions of Laws (r) v citizen r[
al H.B.93-1179, § 1; Laws 1994, H.B.94-1029, § 198. 1996, 11.B.96-1167,see the Historical and Statuto- neglect rehorm a
Laws 1996.H.B.96-1167,§ 211,provides: ry Notes following§ 19-1-116. 3 'oeliev s i.. pertir
"Effective date. This act shall take effect upon 'asol m r !�-ievar
Ili( Laws 1996, H.1196-1167, was approved without
__ the expiration of the period allowed for submitting identifying miotnr
9a' a referendum petition pursuant to article V, sec- a`afety cause. y a
don 1(3)of the state constitution,unless a referen- Laws 1996, HB.96-1161 took effect upon the be provided and i
dam petition is f ied against this act within such expiration of the ninety day period allowed for any t onne_nt tl i
period, in which case this act, if approved by the submission of a referendum petition, since no ref- tile records to wit
. people, shall take effect on the date of the official erendum petition was filed with
in that.time period (g) Me county
t thirty days after;
-:` § 19-3-211. Conflict resolution process—rules—definitions include the dispos
inconsistent with
c't" (1)(a) On or before January 1, 1998,the state department, in conjunction with the attorney
4. general, shall adopt rules concerning the statewide implementation of a conflict resolution (h) The compla
i.ii= process in each county and city and county pursuant to the provisions of this section. The shall receive copse
purpose of such conflict resolution process is to provide a forum for grievances concerning the (I) The written
conduct of county department personnel in performing their duties pursuant to this article. subsection(1);
(b) A citizen review panel shall be created in each county and city and county. The (II) The final u
members of such citizen review panel shall be appointed by the governing body without this subsection 1l.)
influence from the state department or the county department, be representative of the
community, have demonstrable personal or professional knowledge and experience with (III) The final
children, and not be employees or agents of the state department or any county department. subsection (14
At least one member of the citizen review panel in each county and city and county shall be (2) The state eh the parent of a minor child at the time of his or her appointment to serve on such panel that shall include
(c) The conflict resolution process shall provide for the resolution of grievances as follows.: grievances receive
• citizen review pa
(I) Transmittal of all grievances to the county director for internal-resolution by the county
department within ten working days after receipt of the grievance; (3)(a) At the n
>lAt . grievance, each e
(II) Closure of the grievance and issuance of a written final decision if the county submitted vohwu
lilt--' department has resolved the grievance to the complainant's satisfaction; submitted
department oluper it:
(III) Referral of the grievance to the citizen review panel upon the request of the
complainant if the county department has not resolved the grievance to the complainant (b) Each ctizex
satisfaction; or city and county
(IV) Renew by the citizen review panel of the grievance and the county department's !4) Each count!
proposed resolution of the grievance within thirty days after receipt of the referral: January 1, 1998.
s of the process in t
(V) Written notification by the citizen review panel to the complainant and the county
s. director of its recommendation concerning the grievance and the basis for its recommenda- - (a) P ocedures
`. tion; public,
1' (VI) Closure of the grievance and issuance of a written final decision by the county director (b) Time frame:
ipcif the county department agrees with the recommendation of the citizen review panel; ot"recommendatio:
(WI) Referral of a grievance to the governing body for review if the county department or (c) Procedures
t the complainant disagrees with the recommendation of the citizen review panel. of the conflict rest
(d) The governing body shall submit a written decision containing its recommendation and complainant, the c
i the basis for its recommendation to the county director and any county department employee , (5)(a) Nothing i
I conflict resolution
O r 572
Y
fie f
FYI
R t !•, �1 .f,?.. #%.;,-, -., y x..=- ,K.. _ _ .. '.p A.4'
�h '`F�qr x 'iV{ rz i"!
,� k�,..S �i G�r'i-> r e - s�:� .tc.�iX. ` r % Al • ice s
4 jr
� �,..
3:';r:'.?:'i ;r..i, _....:.DBE:: .. .• .-._. „ .1.': .--',..--:....1.1 ,.
≥ti h, a the:iui;it ci �r"_:alit'.;,•, and -.air. - :'<,1`S J.-.C`^ t,::i final ion „.`._'
lu:_c. •shall :;•. t. '....
that-. shall it-:'..inde the county drect;):'.; pL;._ or i:r:rdementat:or: n.• tho-. fin:..; (hTi.,-'i.m. ,i'•
($: Any .. f:n:arendations of the citirer. .,`.''iew pin and of the gnv'.1rair !'.:,al`• ini., hP
1'L limited to actions within the authority of the count:' director ineiiuiint, but not lionized t.1.
Ci>mmenfaatitiris fc._ case .,'assignmen D�F.=)Iu eJ -'alriing, anfl l;l e p,1n:1: al'ton cone&:i 1•
j ing a county doinir`ment employee Y.Ii disciplinary action is initint.:d agrain;.t :r t't.'+'If*'•
te' do,u'xnent employee as a result of recom;ne"datioi fire emplo •eo shall f),. 3n:itii=:i r.c; :lie
C the v't_:herl.or by pro&.irn:l:iD' .. rigiet.i,imcli:i.iitig procedural right:4 to appeal. that the employee has th_nnigh the cncr:i. ;,:stein
-wept that section 91 shall _, or other applicable personnel:system:older•.which the:�niployee er:oks ec. •
House Bill 9!r-1319 doer not pa:;..: '
otr n i governing v shall aceeee to eh r abuse o,^ ..;
mire declaration ro•vision:, of I.ar..: (f? A citizen r...is ti pane• and any b tern r� body hire,. �r ;
-•i1o7, see the Hibtoricai and Stat,w... neglect reports and any; information from the complete case file that the governing ning body
.:wing* 19--1-,16. believes is pertinent to the grievance, which shall he reviewed solely f the purpose of
resolving to the provisions of this section; e:. t cep that access to :'
ng g-tevanees pursuant
14.B.96-31 Ri. w:.s approved uit:r :;: identifying information concerning any person who reported churl abua. or neglect shall not
5e• � . a 1::
4. r.
be provided and no participant in the conflict resolution process shall divulge or make public e•,-
i. H.13.96-1167, took affect upon t'r•, any confidential information contained in a report of child abuse or neglect or in other case ele
f the ninety-day period allowed for c;;'
f a referendum corium petition, since no re- ! file records to which he or she has been provided access.
iti)n was fled within that time peri,>..'. (g, The county department shall prepare a final retort to the citizen review panel within .`
thirty days after the issuance of any final deciieion in the conflict resoiution process that al:a ll
include the disposition of each grievance referred to the citizen review panel in a manner not:
efinitivns inconsistent with applicable state and county personnel rules. i+
.t, in conjunction with the attor)sc:'
lentation of a conflict resolac or, (h) The complainant or county department empicy#ee who is the subject of the i r'evanct:
re provisions of this section. Tic= shall receive copies.of the following:
:rum for grievances concerning the (I) The written decision of the governing body required pursuant to paragraph (d) of.chi. eea
eir duties pursuant to this arcieie. subsection(1); Y
aunty and city and county. Th. (II) The final written decision of the county director required pursuant to p.irutrach id)of -' {
I by the governing body without this subsection(1);
trtment, be representative of the ea
knowledge and experience wit:; (III) The final report of the count,'department required pursuant to paragraph (g) of this
irtment or any county departree;t. I subsection(1). =;..i
runty and city and county shai: ':z (2) The state department shall create a system for monitoring compliance with this section r?ointment to serve on such p:::::::. that shall include annual reports prepared by each county and city and county as to the ae.,
:-esolution of grievances as foil:.:n:3: grievances received and their disposition. Such annual reports shall be made available to the
citizen review panels and the state department and shall be available for public review. ..
er internal resolution by the cciuiii 1..3)(a) At the request of the complainant, the county department, or the subject of the
levance;
_
itten final decision if the coup. grievance, each citizen review panel, as part of its review, may take informal testimony . A
submitted voluntarily and without fee by experts or other individuals, including county
x satisfaction: department personnel. a
panel upon the request of die (b) Each citizen review panel may request and receive information from any other county
the grievance w the compiana:it'a t or city and county that may be pertinent to the grievance.
'-
(4) Each county department shall implement the conflict resoiution process no later than ;.I
ance and the county depai}menr4
t of the referral: January 1. 1998. The state department shall promulgate rules governing the implementation
er recei
F 't of the process in the following areas:
.o the complainant and the coeni {
wind the basis for its recommelid' j (a) Procedures for making relevant information concerning the conflict resolution process
public;
(b) Time frames for the citizen review panel's and the governing body's written notification i. '=
final decision by the county director of recommendations and
ation of the citizen review panel: ) '
review if the county department or (c) Procedures for processing grievances,for determining if a grievance is within the scope
citizen review panel. of the conflict resolution process, and for receiving testimony and other information from the
complainant,the county department,and the subject of the grievance.
containing its recommendation and {{1
to any county department enrrioye,e + (5)(a) Nothing in this section shall be construed to direct or authorize any participant in the
conflict resolution process to use the process to interfere with any civil or criminal investiga-
ea
r ,ei
f +t
1
sS% .\
togs,
i
:xpz
eedh .,: seek
,
r
:..on or ._. ;e drained •
ic.E.H .n the ,pl:ir ie>H i_ic aU [ ;rtvision . _. '
on, . .9 _ I
o .c.z. Law,:
f
tI toss t
ri. 4,rr<r a' Eni. Jfaufutr tort,
e
ct .. V
,. cad's -�b� he Hive
.d n
C,
u. nr t, aectir.- riot vino - -116.
S hew:e re t.r S. Cam -:37, win a m_ . .,.c ,P. - t
si
... _. Se . pane ,nc:,.n, re r. ...
I v, .I aunt; i „he bard of c'enty turn r. I.;nr line, -_ --.167, to, .r ue -,e, ,- It
v: - oh- nd comity lv um ou, ern i ,per t r ie. is .v-day -.am c_ ,.
}
.gat ctittdi rocer, snd render der o. , :_.stet t{ mniii,_, u _ air.'um pot... a It, 'a=
t,aevru.C lettimfn a compirmare um, .y emu-02; erendrn, eetheln wig reed within ..,. . lrt.,ien
fiepurim,un. Thu , c . neodoial and rr r s, "11.. ::<_ - <
y" - 'into/vat-tam' meat toe to r. . 'n,in HI.
f <b ^i et a count .. read: •.r_. :i i cn
< ., y department.
i ats fin o =.:.:w nuaty o
eo i department neat., a mgr°` a ocoartmoott.rh corp_n t on with ,nE .. —
tar ! am'. and count vrt '^.artmen i` se u E tai. cra1,shaft it r u rowing-itch e
it county i.er.or r.:,m . the t r il Ia Ccc' neat no i11 merit ,. .he optiJr.
, al tool a y•
Yt a' cairn r dire clot a npoui_n ra umri ie ce Il i i 'user t 1 '.LL n
a c ct resolution cted ma
k" tart It. d.e rte i = of thus or to _.
r ?' :u I or:f1 t oluncn ti c r air- t
-
x,* e; i ring; i Maly'means tile hoard rdandy coo
x- im tap,...:..., of a aunty r i.ht r„rani, of , cle aforam r ,c t -gees agar o ti �c .rin
' steel anC �mmi.y. count t ep r rnen -.erning n -c. i .r its
g°�`di resurr Io rental, child abuse :led n -e or
,4, .'. t r u means r r rrs t hlwe n a
pru performance ._ B pursuant v t ce. ...
t 11 rant fns t aunty e to,
tom ih d o not,
Pit
at h u g ica:. respot e to a vestrtation of. Hitt state r t c myna logos shall prom t-e, tr
ywti.,'' one r cHlmendations re arching, am/ report of n mn rrn n or Me Mowing: r t' lf
j rwy'. n d ultose ..rid neg-ect pursuant to the prove ton ',a The _creation n a ct rr 1 '.'n t in
, 1t Uis t r each room iho. at nhers of which :i p
`I. 'state H rrmenf mean, r ...z depa-t- pointy h- tit rig hod:, of a inn` he
'na
�{ mere 01 [Ionian'se- ces." reprosentau.o orrifttly community. nave m r,c 1- 1 B
yLaws 96 H 5 96-116 , s 11fl ep atu d par ate P r r professional knowledge and xi i-
. `. ' Ih? nee ti i crutch-au anti shall not be employe r are-. t a
6 1 nr n m� .....t tit- or local su-iii set-tires v c u' r _ a n
winch cad Mat- d i 'or monitor t can r an e a t r
rio hicr Shall include annual repot from he (hl ^ night at r Il outlet o the " •
y r n eC or 1 the ce i' direccu, t romp.. et r C CC t [mufti
rtic a n d ounti s as to he win t i M led
of'urn gnev uic;_; r ❑e local deei men of-vied t:ire 'h
t4 . and their re enc o and an ;mrurd pin by the
re
state department to the general assembly and the secede roe tee 1 resolution within tenday:, t it ta,� rmu . `iic
...tor-, after receip of n rnevanee and n eafte'to Ire
II- levan co
mmittees mittees of reference concerning* Am
citizen, r onueit r m i or review anti decision iimun The man' ouf
p3o,nca with this se^,tton:'
Lilliety fitn,d after receipt of the g"r i n . n r si :tit
fr1N.I. Laws 1996. H.B.U6-1167, s 211 provide,
r "tot r he referral of a citizen ye w panes i Lis,:s,: - -.6
"Effective day... This act shawl tae e upon
£ take u
� 1 iron co tau trevernina body for a nilal appeal ithm 1,e, 1 ;op-.
e . :e expreLtion of die period allowed for :,ubnil tong thinly uai fter the occasion bt the citizen via!
tu *t referendum pee ion pursuant to article Vsee- panel if C. e WI-01,111,w. disagree :with tae I :en
,i,.(4,-, tion 1t r of to mate constitution unless a referent- renew i n it, cot on o£the-rav an4lIc i ._ ut..mug ..,.
[hum pa it on ts filed against this act within such
+ period, , i,m_h case this act, if approved by the ''t 1 Re t a am 1 sion by the of erne v r>' c.,,f sync
« „= p- PP vitn,n thirty dale o-"eueipt of a .r v'.ice tot a R.
£ „pie i take .:feet tin the data of the official -
'� (hem s s ot. the :ate thereon of P o r coati m if ,opcat , _ ,p
, lee tie apt that section 11 shall only I ac_usan f ase read n_.rnent a -
' - r .wit
.ice effect if T a oe Bill 96-121h does not pa„ possible e:alma t, 4e griepavice
. 571
y
r 1t y � �a r x�w,-'¢T a i5 h y a4�' �} 'ia,'�`i��z "c t '�+,�k we T "` uSry h`'�`a ,�++ssti"
i,"- ,_t , .;: fw �=I 4 K5�'Y' 5" 3,` r i9 4f tS s1+ "aNN 74.' r^d�.,w"s 'f . .≥v" )41.j ,44::".51'F-1./4:: ..':
t - r - 3a_,, , k`1 •1',i r *i :c, r h' f sY s ‘0:n...-.',. 4kR`�; o { ' `
"i„4;' r a+. e >y' iG 1 f r 4 -r{ Y f nY) i'� f r,
Ck 7*Iptau a„ ,*f! rZ >r --r •x a 4e s M c ,, 3 y, 1 A , ' T..
'� v s tn• t- 1 ."ti-7 iff ''�� • `, �S'iPl A7' '5 '''. •' .,..avc ,I''
CHILDREN'S CODE CHILDREN'S CODS +•
an, or to seek a remedy that is ,
ng proceeding. `(f) The disclosure of the availability of th,. con- ',r the puree.,.. of,.n. ;. , •edi rese.car:
filet resolution process to persons who :.tr,' tha to ehiiei slime or ne:,rleet.written rep..'..,.pre taree
this subsection (5) a county ; subject of any child abuse or neglect re'a'r-...nd so in comet: on with ri.nleden r,--:,,:.-ei i,ea••:u-
at evidence-in a pending civil or any family whose child is the subject of:LIB chil=i oat to i0, section and the nli•:, ;£eiop::'d
at has obtained in the course of abuse or neglect report; ere :iepertment, niey he received ant:eee sif.a ee
:o the provisions of this section. �' the ene:'t along with oereu ,. •i,id •' bee. :):., -
"(g) Access by the citizen review panes i ri ll:, snort, if eo requested by the child, the cheiri'e
Laws 1996,H,B.96-1019,§ 11,eff, igoverning body to child abuse or neglect report, parent or guardian,or other inter',rrl lean:.=hall
:nacted by Laws 1997, S.B.97-218, which shall be reviewed solely for the purpose of �'
I require that the person who arose the •_pert
, resolving disputes pursuant to the prvnsie'; of ate:ear;:s a witness :me be subject :.,both •
this section; except that no identifying infor:_rarot: cross-examination.5 and crn.�e.xaminatinn. In the ai,,<encc •u such
s concerning any person who raported child wi)use or ree k:est, the court may rreier the raer en vine pre- ;l,
neglect shall be disclosed. pared the report to appear if it S,.,s that the beet
e declaration provisions of Laws
67,see the Historical and Statutes I "(h) Repealed by Laws 1996, 11.3.96-1167. iutereets of the in th:so reyuu e.
118. "(5) Nothing in this section skew be te.nstrued to
ng$ 19-1-116. 1 direct or authorize any participant in the confect p•�;.:;
.,8,96-•1167,was approved without 1 "(3) The conflict resolution procese ',hall be in- resolution process to interfere with an;; criminal
,,bra.
formal, and the rules governing the establishment investigation or judicial proceeding.
' and implementation of the process shall be easily "i61 Repealed by Laws 1991;. li.i3.96-1t11e, * II,
1.B.96-1167, took effect upon the y-,.,
re ninety-day I understandable by complainants. The state des- off.March 20 1996.
tY Y period allowed for ! pertinent shall prepare standardized forma that ,- day.:
referendum petition, since no ref- e " ,i implementation see of the r•-stn�e_crnl .
shall be used by the county departments and the of the health and human serf ieee Ie.:leery a•;stem ,...,e
a was filed within that time period, citizen review panels in the participating counties. pursuant to article 1.7 of title 24. C'.It.S., the =i'°;;`'
repealed and reenacted this see- I The citizen review panels and the governing bodies provisions of this section rh::11 no longer be apple- 'i`.•
thereto read: i ,;.,
shall prepare written reports setting forth the cable if the state department determines that such a.
'fore January 1, 1995. the state . bases for their decisions. Relevant information local restructuring includes a local cnnt7icr,:•esalu• t;;tee
:
:onjunetion with the attorney gen- concerning the conflict resolution process shall be lion procass for grievances concerning child abuse
rules allowing each county depart- ' publicized.
P 1and neglect cases." {�.:;'
ent, at the option of the county's 1 s•_.
a conflict resolution process pur- 1 erte.,.
P Cross References
)visions of this section. The pun- t r.
,lief resolution process is to pro- i Confidentiality of records, access. see Grievance procedure,conflict resolution process. 1 `,_
grievances against a participating § 19-1-30'7• state department rules.see} `...16-1-:1Ll'i— ',
Definitions of terms,generally,see 3 19-1-103.tot concerning such department's
,rte of child abuse and neglect or '�.<.
:ts duties pursuant to this article. § 19--3-212, Notice of rights and remedies for families };
department's rules shall provide, I •'1'''
r the following (1) The state department shall prepare, with the assistance of the attorney general, on a '`
standardized form, a detailed informational notice of rights and remedies for families subject
ion of a citizen review panel in to the provisions of this article.
members of which shall be ap-
governing body of the county, be (2) The notice prepared pursuant to subsection (1) of this section shall be supplied to ail
'the community,have demonstra- j social service and law enforcement agencies in the state and shall be delivered to all parents -
rofessional knowledge and experi- ! and families from whom children are removed under court order or by law enforcement ''s•y
tn
, and shall not be employees or personnel,along with a copy of the court order directing removal of the child or children from
rte or local social services agency; the home. In addition to the notification on the court order, the informational notice shall
al of all grievances to the county I contain a statement as to the cause of the removal of the child or children. The notice shall
county director's prompt referral also contain disclosure of the availability of the conflict resolution process to persons who are
!
s to the local department of social the subject of any child abuse or neglect report and to the parents. guardian, or legal
real resolution within, ten days • custodian of a child who is the subject of any child abuse or neglect report.
ie grievance and thereafter to the J e$ P
ael for review and decision within (3) The notice prepared pursuant to subsection (1) of this section shall be availabie for
receipt of the grievance; public inspection at a review and comment hearing prior to its adoption.
•
-al of a citizen review panel deci- Added by Laws 1994,S.B.94-206,§ 1,eff.June 3, 1994. Amended by Laws 1997.S.B 97-218, § 10.eff.
ring body for a final appeal within July 1,1997.
the decision by the citizen review
ainant disagrees with the citizen Historical and Statutory Notes `,
position of the grievance; The 1997 amendment, in subset. (2), added the
d decision by the governing body third sentence.
•of receipt of a grievance for final
•
•
§ 19-3-213. Placement criteria
don of case reassignment as a (1) In any case in which the county department recommends placement out of the home for n to the grievance; P
a child or in which a child is in out-of-home placement, the court, the guardian ad `:item, the
I 575
♦ ..
,\ N.` •'\
�� N. a
12/30/97 TUE 14:37 FAX 970 3F'4 5215 WELD SOCIAL SERVICES ,y. PERS0NfEL
CONFLICT RESOLUTION PROCESS 7.400.7-7.400.71
7.400.7 CHILD WELFARE GRIEVANCE RESOLUTION PROCESS
Rev. .71 The governing body of each county, and city and county, shall establish a grievance
eff. process, including a citizen review panel, as required by Section 19-3-211,C.R.S. The
1/1/98 following requirements apply to the grievance process:
Add eff. A. Definitions
1/1/98
"Grievance" means a complaint regarding the conduct of an employee of a
county department of social services in performing his/her duties under Article 3
of the Children's Code. " Grievance' does not include complaints regarding
actions by the courts, attorneys, law enforcement officials, employees of the
State,foster parents or other providers of services to children, or other family
members.
"Citizen Review Panel" means an advisory body appointed by the governing
body of a county or city and county pursuant to Section 19-3-211,C.R.S. The
members of such citizen review panel shall be appointed by the governing body
without influence from the state department or the county department, be
representative of the community,have demonstrable personal or professional
knowledge and experience with children, and not be employees or agents of the
state department or any county department. At least one member of the citizen
review panel in each county and city and county shall be the parent of a minor
child at the time of his or her appointment to serve on such panel.
"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 a county department in accordance with the provisions of
Section 19-3-211, C.R.S.
o Conduct of an Employee of the County Department of Social Services" 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 dependency or neglect case. It does not include
conduct a prudent, reasonable professional would utilize in similar circumstances
of an investigation or case management.
▪ Recommendation" means a proposed course of action that may be
implemented by a County Director to resolve a grievance. These proposed
actions may include reassigning a case to a different employee, requiring an
employee to receive training, or administering disciplinary action to an
employee, subject to applicable safeguards afforded to the employee through
the personnel system under which the employee is employed.
THIS REVISION: VII-97-7 LAST REVISION: VII-94-9 REVISION NUMBER
Adopted: 11/7/97 Adopted: 11/4/94 t
Effective Date: 1/1/98 Effective Date: 1/1/95
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 7
SOCIAL SERVICES
12/30/97 TUE 14:37 FAX 970 3F3 5215 WELD SOCIAL SERVICES PERSONNEL 0O3
CONFLICT RESOLUTION PROCESS 7.400.71 -Cont.
7.400.7 CHILD WELFARE GRIEVANCE RESOLUTION PROCESS (continued)
B. Time Frames for Resolving Grievances
County department shall attempt to resolve all grievances informally before
using the formal grievance process. Any grievance not resolved to the
satisfaction of the complainant shall be forwarded to the County Director within
ten working days after it has been received by the county department.
The County Director shall act on the grievance within twenty calendar days after
s/he receives it. If the County Director is able to resolve the grievance to the
complainant's satisfaction,s/he will issue a written decision setting forth the
resolution. lithe County Director is unable to resolve the grievance to the
complainant's satisfaction within 20 calendar days,the County Director shall
immediately refer the grievance to the Citizen Review Panel,together with the
County Director's proposed resolution of the grievance.
Within thirty calendar days after receipt of the grievance from the County
Director,the Citizen Review Panel will convene a hearing on the grievance and
send a written recommendation regarding the grievance,together with the basis
for its recommendation,to the County Director and the complainant.
If the County Director agrees with the Citizen Review Panel's recommendation,
s/he will issue a written decision implementing the recommendation. If the
County Director or the complainant disagrees with the recommendation, the
grievance shall be referred to the governing body.
Within thirty calendar days of receiving the grievance,the governing body shall
send its written recommendation regarding the grievance,together with the basis
for the recommendation,to the complainant,the County Director and to any
county employee who is the subject of the grievance. The County Director shall
issue a final decision including his/her plan to implement the governing body's
recommendation, and shall send a copy of this report to the complainant and to
the county employee who is the subject of the grievance. Within thirty calendar
days after issuing This final decision,the County Director shall submit a written
report to the Citizen Review Panel including a disposition of the grievance,
employee
shall send copies of the report to-the complainant and to the county p y
who is the subject of the grievance.
C. Citizen Review Panel
1. Access to Information and Confidentiality
A Citizen Review Panel shall have access to child abuse or neglect
reports and any information from the complete case file that the
governing body believes is pertinent to the grievance,which shall be
reviewed solely for the purpose of resolving grievances pursuant to the
provisions of this section,except that access to identifying information
concerning any person who reported child abuse or neglect shall not be
provided and no participant in the conflict resolution process shall
divulge or make public any confidential information contained in a report
of child abuse or neglect or in other case file records to which he or she
has beenpmvided access.THIS REVISION: VII-97-7 LAST REVISION: New REVISION NUMBER
Adopted: 11/7/97 Adopted: Material
Effective Date: 1/1/98 Effective Date:
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 7
SOCIAL SERVICES
12/30/97 TUE 14:37 FAX 970 353 5215 WELD SOCIAL SERVICES PERSONNEL ZUU-1
CONFLICT RESOLUTION PROCESS 7.400.71 - Coot_
7.400.7 CHILD WELFARE GRIEVANCE RESOLUTION PROCESS (continued)
2_ Informal Testimony
Upon the request of the complainant, the county department, or the
subject of a grievance, a citizen review panel may receive testimony
from experts or other witnesses. Such testimony must be provided
voluntarily and without a fee. Further,such testimony will be provided
without an oath, will not be subject to objections from parties to the
grievance process, and the witness will not be subject to cross
examination. Members of the Citizen Review Panel, however, may ask
questions of the witness as the panel's procedures permit.
3. Scope of Inquiry and Recommendations
The Citizen Review Panel shall only inquire into and make
recommendations concerning grievances as presented by a
complainant and as defined above. The Citizen Review Panel may not
access records or receive testimony unless the record or testimony is
directly related to a grievance properly referred to the panel. Once the
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_ The panel may not inquire into the
conduct of courts, attorneys, law enforcement officials, employees of the
State, foster parents or other providers of services to children, or other
family members, nor may the panel inquire into the conduct of a county
department employee if no grievance concerning that employee or that
conduct has been properly referred to the panel.
The authority of the Citizen Review Panel is limited to making
recommendations as defined above. Specifically, the panel may only
recommend actions that:
a. will resolve a particular grievance concerning the conduct of a
county department employee performing his/her duties under
Article 3 of the Children's Code, and
b. can be implemented by the County Director.
D. Annual Reports
On or before June 30 of each year, every county or city and county shall submit
to the State Department an annual report regarding the resolution of grievances
pursuant to this Section 7.400.71. At a minimum,this report shall include:
1_ The number of grievances received by the County Director,the number
of grievances referred to the Citizen Review Panel, the number of
grievances referred to the governing board, and the actual timeframes
for resolving grievances at each level.
THIS REVISION: VII-97-7 LAST REVISION: New REVISION NUMBER
Adopted: 11/7/97 Adopted: Material
Effective Date: 1/1/98 Effective Date:
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 7
SOCIAL SERVICES
12/30/97 TUE 14:38 FAX 970 353 5215 WELD SOCIAL SERVICES PERSONNEL X1005
CONFLICT RESOLUTION PROCESS 7.400.71 -7.400.63
7.400.7 CHILD WELFARE GRIEVANCE RESOLUTION PROCESS (continued)
Add eff. 2. A brief description of the disposition of the grievances, including the -
1/1/98 number that were concluded without any action taken,the number which
were substantiated,the number resolved by case reassignment,the
number resolved by requiring additional training,the number resolved by
imposing disciplinary action against a county employee, and the number
resolved in other ways.
Rev. .72 Counties shall publicize:
eff_
1/1/98 A. the availability of the process to all dependency and neglect cases through the
Notice of Rights and Remedies'and by informing current child welfare clients,
guardians, and legal custodians of the process during the month of January
1998.
B. the rights and remedies for families as specified in Section 7.400.8.
C. any other information about the process as deemed relevant by the governing
body.
7.400.8 REQUIRED NOTICE OF RIGHTS AND REMEDIES
Add .81 ' All county departments shall utilize the state prescribed "Notice of Rights and Remedies
eff, for Families" in cases subject to Article 3 of the Colorado Children's Code, "Dependency
1/1/95 and Neglect".
.82 County departments shall add county-specific information to the state prescribed form
and supply copies of the notice to all law-enforcement agencies within the county or
district.
.83 The notice shall be delivered at the time of a child's removal to the parent(s) and family
from whom the child is removed by court order or by law enforcement personnel. The
notice shall specify the cause of the removal of the child or children_
A. If the removal is an emergency pursuant to Section 19-3-401, C.R.S., a copy of
the court order directing the removal of the child or children from the home shall
be delivered to the family promptly upon its availability.
B. If the removal of the child or children is not an emergency, a copy of the court
order directing the removal shall also be provided to the parents and family at
the time of removal.
THIS REVISION: VII-97-7 LAST REVISION: VI1-94-9 REVISION NUMBER
Adopted: 11/7/97 Adopted: 11/4/94 1
Effective Date: 1/1/95 Effective Date: 1/1/95 COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 7
SOCIAL SERVICES
Pagel
ENABLING AUTHORITY
As it follows the state statue.
II. PURPOSE
Need to check statue and make sure all information is covered if not we need to revise the
purpose statement.
III. DEFINITIONS
The following definition shall be applicable in the operation of the Citizen Review Panel:
A. Administrative Liaison:
Disagree: The code does not provide for connected Department of Social Service
Workers, any instructtions being given should not come from the Department of
Social Service or any of the offices connected. Instructions are clear in the statue
and if they are not then an attorney of family law should assist.
B. Board: means the Weld County Board of Social Services.
This needs explained, Board of what? certainly not of the Citizens Review Panel
C. Citizen Review Panel: The Panel Shall Not Be Appointed by the Weld County
Board of Social Service. Pursuant to 19-3-211. Conflict resolution process—
rules— definitions
(b)A citizen review panel shall be created in each county and city and county. The
members of such citizen review panel shall be appointed by governing body
without influence from the state department or the county department, be
representative of the community, have demonstrable personal or professional
knowledge and experience with children, and not employees or agents Of the state
department or any county department.
At least one member of the citizens review panel in each county and city and
county shall be the parent of a minor child at the time of his or her appointment to
serve on such panel.
D. Conduct of an employee of the Department: Behavior, this needs to be
discussed and defined as written it could mean that if another professional in the
department would act in the same manner whether it is wrong or not then the
grievance could be nullified. Need to clarify.
Paget E. Complainant: This understood but needs discussion.
F. Director: means the Director of the Weld County Department of Social Services.
Explanation required.
G. Department: means the Weld County Department of Social Services.
Explanation required.
As the two above statements were made and what they have to do with the
Review Panel explanation.
H. Grievance: this rule states not to include complaints regarding actions by the
court, disagree as there are times case workers do not follow court orders
and foster care and many other things that this rule and some of the other rules are
by passing, this needs to be addressed.
L Recommendation: believe you should define safeguards as they apply in this rule.
Make available the Weld County Personal Policies Handbook.\
J. Subject employee: means an employee of the Department whose conduct is the
subject of grievance.
Here you need to define the rights of employee .
IV. MEMBERSHIP.APPOINTMENT.AND TERMS
A. Membership and Appointment: Or any other agencies affiliated with the
Department of Humane or Social Services. Believe the panel should consist of 7
members.
B. Membership Qualifications: All members of the Citizen Review Panel shall be
residents of Weld County. ETCH. But add or any agency connected with the
Department of Social Services.
Page3 C. Term of Membership: Agreeable
D. Attendance: disagree, should have couple of standby panel members.
E. Vacancy: the Board as per the discription shall not appoint a new member to fill
vacancy .
F. Removal: the Board as per the discription shall not remove at thier discretion any
member. Need to appoint overseerers such as the County Council.
V. OFFICERS AND MEETINGS
A. Chair and Vice Chair: Agreeable
B. Role of Administrative Liaison: here is where there needs to be a change as no
liaison from the Department ( State or County) of Social Services is to be a
member of the Citizen Review Panel and certainly not IN THE CAPACITY OF
THE SECRETARY THAT KEEPS THE NOTES, MINUTES OR RECORDS,
THOSE ARE CONFIDENTIAL. NOR IS ANY AGENCY CONNECTED WITH
THE STATE OR COUNTY DEPARTMENT.
C. Time and Place of Meetings; Agreeable, but the chair should also have a time
limit in which the chair must call a meeting.
D. Quorum and Vote: Do not agree on a three member vote, believe should have at
least two standby panel members, also believe should be a seven member panel.
VI. CONFLICTS OF INTEREST
Agreeable to first part but the second part needs to be a point brought out under a
different clause. Need discussion on testimony of a member.
Page4.
VII. THE GRIEVANCE PROCESS
A Pre-Grievance Procedures: Agreeable, as long as there is an understanding that
there will not be any repercussion toward the person or persons filing the
complaint.
1. Address Complaint to Subject Employee: this could be agreeable but
you do not provide a time limit for Subject Employee to have to answer.
2. Address Complaint to Immediate Supervisor in Charge: Again this
could be agreeable, but same as number 1 time limit for answer from
Immediate Supervisor.
3. Address Complaint to Supervisor in Charge: Why should the person or
persons have to file with a second supervisor?Believe that the third should
be filed with the director and also a time limit on the answer .
B. Filing the Formal Grievance:
1. Written Grievance: Statements thin out about article 3 of the Colorado
Children's Code. And yet a lot of misconduct has been in the court
room.so therefore it is the conduct unbecoming an official representing the
Department, state or county.
A, B, C, D, Agreeable but could not find where it stated in the bill that no
attachments could be accepted. How do you get proof of misconduct?
gages 2. Director Action: Agreeable but also needs to state that whether the
Director refers the Complainant or not , the Complainant should still have
the right to file a written request with the Citizen Review Panel . The
decision should be up to the Panel for review not the Director of Social
Service.
3. Transmittal to Citizen Review Panel: the Complainant shall transmit a
application to the Citizens Review Panel within 7 working days and then
the Director shall have 5 days in which to sent his/her proposed resolution.
4. Citizen Review Panel to Convene Hearing: After the receipt of the
Grievance by the Complainant, the Citizen Review Panel shall ask the
Director his or her what his/her recommendation were, in writing. Then
they shall convene a hearing for testimony.
C. Citizen Review Panel Hearing Procedures: Agreeable to 1st part.
1. Who May Address Citizens Review Panel: Disagree, the knowledge
comes also from others invovled that have pertinent evidence to back up
complaint or the employee may pertinent evidents to clear his or her self.
For fairness and justice to all invovled evidence should be allowed.
2. Presentations: Disagree do you want a fair hearing or is this just a way to
appease the law and not get to the truth, sorry but you can not decide a
family or childs fate in such a ahort time. And do to the fact that the Panel
will ask questions and look at documents (pertaining to the case), the
frame set doesnot give ample time . The time frame should be determined
accordingly and probanly by the PANEL.
3. Testimony: Discussion ;believe each Complainant and Subject Employee
should be allowed to give a list of documents and witnesses to Panel and
also each should see list and if objection is noted should be decided by
Panel before actual hearing.
Page6 4. Attendance: Again the Administrative Liaison must be someone not
connected with the state or county Department of Social Services or any
agencies there connected. Again believe maybe the County Council could
be unbiased as the Liaison.
5. Deliberation: Again the Administrative Liaison must not be connected to
any agencies of state or county Department of Social Services. The other
thing it is not a good idea for consulting with the Weld County Attorney,
no affense is intended but it must kept completely unbiased and being the
county attorney could have repercussions if decision was not liked by one
or other of the party's.
6. Record of Proceedings: Agreeable with stipulation , these records are
confidential and if for any reason someone wishes to see them all parties
involved must agree to theopening of the records. Also the proceedings
should be video taped.
7. Citizen Review Panel Recommendations: Agreeable
D. Finality of Review:
1. Futher Inquiry: Sony this one needs better wording clearer
understanding. Unacceptable with the way it is worded. Clarification
needed.
Page7 2. Additional Grievance: Should put a small clause in this one , what if the
same things continue and do not subside after the hearing are we saying no
you cannot file again even tho the person ignored the recommendations and
the department did nothing either. Safeguard needed here.
3. No Inquiry: This provision doesnot even need to be in here it is stated that
the PANEL is for grievance of Department of Social Services and
connecting agencies. This Panel also has a right to give statement as to
whether the Employee could be in error and the result of that error cause
undue harm in the case at hand.
E. Post Review Procedures:
1. County Director Review:
2. Referral to the Board:
3. Board Recommendation:
4. Director's Final Written Decision:
5. Director's Final Report to Citizen Review Panel:
These have been covered in the other parts of this purposal and the
recommended changes stand the same.
Pagel
VIII. SCOPE OF RECOMMENDATIONS
A. Recommendation Within Scope of Authority: agreeable but still we should
have access to the Weld County Personnel Policies Handbook.
B. Recommendations Beyond Scope Of Authority: Recommendations beyond the
Panels authority and cannot be made include the following: first where did you find this?
1. 2. 3. 4. 5. Must be substantiated as to where you found these as if the
findings do show malice against the complainant then the PANEL should diffinitely have
the right tocontact the court and let them decide if it has bearing on the case not SOCIAL
SERVICES.
Page9
IX. ACCESS TO RECORDS AND CONFIDENTIALITY
A. Meetings Closed to the Public: Agreeable
B. Access to Records and Reports: Agreeable
C. Statistical Information: with permission from Complainant and Subject
Employee.
X. REPORTS
A Annual Report to State Department: Agreeable
1. 2. 3.4. 5. Agreeable
Page 10 a. b. c. d. e. Agreeable
XI. APPLICABILITY
The Citizen Review Panel Procedures and Conflict Resolution Process set forth herein
shall apply to complaints concerning the conduct of the Department of Social Services and all
connected agencies personnel in performing their duties with honesty and truth pursuant to Article
3 of the Colorado Children's Code.
Hello