Current through Register Vol. 47, No. 5, March 10, 2024
A.
Beginning January 4, 2023, Section 30.440 only applies to those counties
participating in the Alternative Response pilot as described in
26-3.1-103.3.
B. Allegations that are determined to be low
risk as outlined in these rules shall be assigned to the alternative response
track.
C. Allegations of
self-neglect are considered low risk and shall be assigned to the alternative
response track.
D. An allegation
shall not be considered low risk and shall be assigned to the traditional
response track if it contains any of the following:
1. Allegations of a sexual nature including
but not limited to: sexual abuse, exploitation of a sexual nature, or harmful
acts of a sexual nature.
2.
Allegations involving alleged perpetrators who are professional legally
appointed guardians; conservators, or representative payees for the client and
the allegations relate to the duties for which they are appointed.
3. Allegations involving alleged perpetrators
who are employees of employers identified pursuant to
26-3.1-111(7),
C.R.S., and the allegations relate to the duties for which they are appointed.
this exclusion does not apply if:
a. The
employee was a relative, spouse, or friend of the client prior to their
appointment as a paid provider to the client.
b. The employee is a consumer directed care
attendant pursuant to Article
10 of Title
25.5.
4. Allegations of abuse as defined
in 26-3.1-101(1),
C.R.S., that:
a. Appear likely to result in a
moderate to severe severity level, based on the information available in the
report; and/or,
b. Involve
confinement or restraint that is unreasonable under generally accepted
caretaking standards, pursuant to
26-3.1-101(1)(b),
C.R.S.
5. Allegations of
caretaker neglect as defined in
26-3.1-101 (2.3), C.R.S., that:
a. Appear likely to result in a moderate to
severe severity level, based on the information available in the report;
and/or,
b. Involve the alleged
perpetrator knowingly using harassment, undue influence, or intimidation to
create a hostile or fearful environment, pursuant to
26-3.1-101 (2.3)(a),
C.R.S.
6. Allegations of
exploitation as defined in
26-3.1-101(4),
C.R.S., that involve:
a. The use of
deception, harassment, intimidation, or undue influence to permanently or
temporarily deprive an at-risk adult of the use, benefit, or possession of
anything of value, pursuant to
26-3.1-101(4)(a),
C.R.S.; and/or,
b. Forcing,
compelling, coercing, or enticing an at-risk adult to perform services for the
profit or advantage of another person against the will of an at-risk adult,
pursuant to
26-3.1-101(4)(c),
C.R.S..
7. Allegations
of mistreatment meeting emergency criteria as outlined in section
30.430.B
E. Allegations
not meeting criteria set forth in section 30.440.C and D may be considered low
risk at the discretion of the county department. Counties may use discretion to
determine whether the allegation is low risk based on factors that may include
but are not limited to:
1. Present danger to
the client and/or other at-risk adults, and/or;
2. Multiple reports involving the client
and/or alleged perpetrator resulting in increased concern for the health,
safety, or well-being of the client or other at-risk adults, and/or;
3. Unresolved patterns of mistreatment
resulting in increased concern for the health, safety, or well-being of the
client.
F. Allegations
assigned to the alternative response track require:
1. Completion of an alternative response
track investigation as outlined in sections 30.510 and 30.525;
2. Completion of an assessment of safety and
risk as outlined in section 30.530; and,
3. Development of a case plan as outlined in
section 30.610; and,
4. Provision
of services as outlined in section 30.620
G. The caseworker may, with supervisory
approval, change tracks to the traditional response track due to circumstances
indicating the situation does not meet low risk criteria as outlined in Section
30.440.D and E.
H. The caseworker
may, with supervisory approval, change tracks to the alternative response track
due to circumstances indicating the situation meets low risk criteria as
outlined in section 30.440.D and E.
