CO Code § 26-3.1-103 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-Neglect|Part 1 - Protective Services for At-Risk Adults|§ 26-3.1-103. Evaluations - Investigations - Training - Exception for Counties Participating in Alternative Response Program - Rules

  The county department receiving a report of mistreatment or self-neglect of an at-risk adult shall immediately assess the reported level of risk. The immediate concern of the evaluation is the protection of the at-risk adult. The decision regarding the level of risk must, at a minimum, include a determination of a response time frame and whether the report meets the criteria for an investigation of the allegations, as set forth in state department rule. If a county department determines that an investigation is required, the county department is responsible for ensuring an investigation is conducted and arranging for the subsequent provision of protective services to be conducted by persons trained to conduct investigations and provide protective services. (1.3)   Pursuant to state department rule, each employer as defined by section 26-3.1-111 (7) shall provide, upon request of the county department, access to conduct an investigation into an allegation of mistreatment. Access must include the ability to request interviews with relevant persons and to obtain documents and other evidence and have access to:   Patients who are the subject of the investigation into mistreatment of an at-risk adult and patients who are relevant to an investigation into an allegation of mistreatment of an at-risk adult;    Personnel, including paid employees, contractors, volunteers, and interns, who are relevant to the investigation;    Clients or residents who are the subject of the investigation into mistreatment of an at-risk adult and clients or residents who are relevant to an investigation into an allegation of mistreatment of an at-risk adult;    Individual patient, resident, client, or consumer records, including disclosure of health records or incident and investigative reports, care and behavioral plans, staff schedules and time sheets, and photos and other technological evidence; and    The professional license number issued by the division of professions and occupations in the department of regulatory agencies for a current or former employee who holds a health-care provider or health-care occupation license and who, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult during the employee's professional duties.       The county department and its employees shall comply with applicable federal laws related to the privacy of information when requesting or obtaining documents pursuant to this subsection (1.3).    County department staff conducting an investigation pursuant to this section have the right to enter the premises of any employer as defined by section 26-3.1-111 (7) as necessary to complete a thorough investigation. County department staff shall identify themselves and the purpose of the investigation to the person in charge of the entity at the time of entry.    Attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law, and the long-term care ombudsman are exempt from the requirements of this section.  (1.4) Upon request of the county department, any person who holds a health-care provider or health-care occupation license issued by the division of professions and occupations in the department of regulatory agencies and, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult while performing the person's professional duties shall provide the person's professional license number to the county department.  (1.5) The state department shall provide training to all current county department adult protective services caseworkers and supervisors no later than July 1, 2018, and to new county department adult protective services caseworkers and supervisors hired after July 1, 2018, to achieve consistency in the performance of the following duties:   Investigating reports of suspected mistreatment or self-neglect of at-risk adults and making findings concerning cases and alleged perpetrators;    Notifying a person who has been substantiated in a case of mistreatment of an at-risk adult of the finding and of the person's right to appeal the finding to the state department;    Assessing the client's strengths and needs and developing a plan for the provision of protective services;    Determining the appropriateness of case closure;    Entering accurate and complete documentation of the report and subsequent casework into CAPS; and    Maintaining confidentiality in accordance with state law.          Each county department, law enforcement agency, district attorney's office, and other agency responsible under federal law or the laws of this state to investigate mistreatment or self-neglect of at-risk adults shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies. The focus of such agreements is to ensure the best protection for at-risk adults. The agreements must provide for special requests by one agency for assistance from another agency and for joint investigations. The agreements must further provide that each agency maintain the confidentiality of the information exchanged pursuant to such joint investigations.    Each county or contiguous group of counties in the state in which a minimum number of reports of mistreatment or self-neglect of at-risk adults are annually filed shall establish an at-risk adult protection team. The state board shall promulgate rules to specify the minimum number of reports that will require the establishment of an adult at-risk protection team. The at-risk adult protection team shall review the processes used to report and investigate mistreatment or self-neglect of at-risk adults, review the provision of protective services for such adults, facilitate interagency cooperation, and provide community education on the mistreatment and self-neglect of at-risk adults. The director of each county department shall create or coordinate a protection team for the respective county in accordance with rules adopted by the state board of human services. The state board rules shall govern the establishment, composition, and duties of the team and must be consistent with this subsection (3).    Repealed.      History. Source: L. 91: Entire article R&RE, p. 1776, § 1, effective July 1. L. 94: (3) amended, p. 2704, § 265, effective July 1. L. 2007: (3) amended, p. 1014, § 1, effective May 22. L. 2012: Entire part amended,(SB 12-078), ch. 226, p. 996, § 1, effective May 29. L. 2013: (4) repealed,(SB 13-111), ch. 233, p. 1127, § 15, effective May 16. L. 2016: (1), (2), and (3) amended,(HB 16-1394), ch. 172, p. 560, § 11, effective July 1. L. 2017: (1.5) added,(HB 17-1284), ch. 272, p. 1497, § 3, effective May 31. L. 2020: (1) amended and (1.3) added,(HB 20-1302), ch. 265, p. 1270, § 3, effective September 14. L. 2021: (1) amended,(SB 21-118), ch. 253, p. 1489, § 1, effective June 17; (1.3)(a)(III) and (1.3)(a)(IV) amended and (1.3)(a)(V) and (1.4) added,(HB 21-1123), ch. 106, p. 423, § 2, effective September 7.    Editor's note:   Subsections (1), (2), and (3) were enacted as subsections (1)(a), (1)(b), and (1)(c), respectively, by Senate Bill 91-84, Session Laws of Colorado 1991, chapter 288, section 1, but have been renumbered on revision for ease of location.   Cross references:   For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2013 act repealing subsection (4), see section 1 of chapter 233, Session Laws of Colorado 2013.   ANNOTATION   Once a mistreatment report is made, a thorough investigation must commence immediately, as opposed to being completed immediately. In addition, once begun, the investigation must proceed as quickly as is reasonable under the circumstances. In re Matter of Stepanek, 924 P.2d 1142 (Colo. App. 1996), aff'd in part and rev'd in part on other grounds, 940 P.2d 364 (Colo. 1997).