2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-111 - Statewide child abuse reporting hotline system - child abuse hotline steering committee - screening questions for hotline system operators and county departments - rules on consistent processes in response to reports and inquiries for information - legislative declaration - definitions

(1)
(a)
The general assembly hereby finds, determines, and declares that the purpose of enacting this section is to:
(I)
Create, based on recommendations of a steering committee with broad representation, a statewide child abuse reporting hotline system to serve as a direct, immediate, and efficient route to the applicable entity responsible for accepting the report and to the applicable entity responsible for responding to an inquiry and that is available twenty-four hours a day, seven days a week; and
(II)
Authorize rule-making by the state board to ensure that there are standards for the consistent screening, assessment, and decision-making in response to reports of known or suspected child abuse and neglect and to inquiries made to a county department or to the hotline system.
(b)
The general assembly declares that the hotline system to be developed as outlined in this section enhances the current child welfare system. The hotline system is intended to provide an additional option for the public to make an initial report of suspected or known child abuse or neglect or making an inquiry. The county department will retain screening responsibilities, unless the board of county commissioners of the county department has approved the use of the hotline system on behalf of the county and such arrangement has been approved by the executive director.
(2)
As used in this section, unless the context otherwise requires:
(a)
"Child abuse reporting hotline system" or "the hotline system" means the uniform method of contact that directly, immediately, and efficiently routes the person to the applicable entity responsible for accepting a report pursuant to section
19-3-307
, C.R.S., or to the applicable entity responsible for responding to an inquiry and that is advertised to the public as a place for reporting known or suspected child abuse or neglect or for making inquiries.
(a.5)
"Coercion" means compelling a person by force, threat of force, or intimidation to engage in conduct from which the person has the right or privilege to abstain, or to abstain from conduct in which the person has the right or privilege to engage.
(a.6)
"Domestic violence", commonly known as "intimate partner violence", means a pattern of violent behavior or an act, attempted act, or perceived threat of violence, stalking, harassment, or coercion that is committed by a person against another person with whom the actor is involved or has been involved in an intimate relationship. A sexual relationship may be an indicator of an intimate relationship but is never a necessary condition for finding an intimate relationship.
(b)
"Information and referral" means an initial contact from the public which does not constitute a report of abuse or neglect but is an inquiry and the response to the inquiry, as defined in rule.
(c)
"Inquiry" means a request for information or for specific services.
(d)
"Mandatory reporter" means a person who is required to report child abuse or neglect pursuant to section
19-3-304
, C.R.S.
(e)
"Report" means an initial report of known or suspected child abuse or neglect.
(3)
(a)
The state department shall develop a child abuse hotline steering committee, including state, county, and comprehensive and appropriate stakeholder representation. The state department shall appoint a person to the steering committee who is a primary provider of emergency fire fighting services, law enforcement, ambulance, emergency medical, or other emergency services and who is familiar with the emergency telephone system that uses the single three-digit number 9-1-1 for reporting police, fire, medical, or other emergency situations. The steering committee is expected to develop an implementation plan for a statewide child abuse reporting hotline system, which is advertised to the public and to mandatory reporters, and to make recommendations for rules relating to the operation of the hotline system and relating to consistent practices for responding to reports and inquiries. The purpose of the hotline system is to provide a direct, immediate, and efficient route to the entity responsible for accepting a report pursuant to section
19-3-307
, C.R.S. The public may also contact the hotline system for inquiries. The hotline system must operate twenty-four hours a day, seven days a week. The hotline may consist of multiple methods of communication, as prescribed by rules of the state board. The steering committee shall submit a report no later than July 1, 2014, containing its recommendations to the executive director, who shall provide the report to the state board. The hotline system shall be operational and publicized statewide no later than January 1, 2015.
(b)
With the express written consent of the board of county commissioners of a county, a county department may request that the state department assist that county with the taking of calls or initial contacts from the public of reports of possible child abuse or neglect or of inquiries. The executive director of the state department must approve this arrangement in writing.
(c)
Based upon the recommendations of the child abuse hotline steering committee, the state department shall establish a statewide child abuse reporting hotline system.
(3.5)
(a)
The state department shall develop and implement a consistent screening process for a county department to follow, whenever possible, while responding to a report or inquiry submitted to the statewide child abuse reporting hotline system. The screening process must include questions about domestic violence or intimate partner violence.
(b)
The state department shall develop and implement a disclosure procedure that notifies callers to the statewide child abuse reporting hotline system that calls are recorded.
(3.7)
(a)
The state department shall review the screening process used by county departments and hotline system operators to:
(I)
Determine race; ethnicity; disability status; LGBTQ identity, if applicable; and English proficiency in a screening report and recommend a process for improving the accuracy of determining this demographic information, which must include opportunities to update the information in TRAILS, as defined in section 26-5-118;
(II)
Understand the types of questions asked during the screening process to determine demographic information and recommend questions that reflect best practices and cultural competency; and
(III)
Understand the sequence of questions asked during the screening process to determine demographic information and recommend a sequence of questions that better reflects best practices.
(b)
The state department shall implement the recommended best practices described in subsection (3.7)(a) of this section.
(4)
The state board is authorized to adopt rules, based upon the recommendations of the child abuse hotline steering committee, and may revise rules, as necessary, including but not limited to the following:
(a)
The type of technology that may be used by the hotline system for directly routing initial contacts from the hotline system to the applicable entity responsible for accepting reports pursuant to section
19-3-307
, C.R.S., or to the applicable entity to respond to an inquiry, including but not limited to a single statewide toll-free telephone number, and including technologies for language translation and for communicating with people who are deaf or have hearing impairments, such as telecommunications devices for the deaf (TDD) or text telephone services (TTY), with flexibility to adapt the methods to changing and emerging technologies as appropriate;
(b)
The operation of the hotline system, including the central record keeping and tracking of reports and inquiries statewide, and a requirement that the record keeping and tracking of reports and inquiries be accessible to all counties through the state's case management system;
(c)
Rules governing the standards and steps for information and referral and how an inquiry is routed to the applicable entity responsible for responding to an inquiry;
(d)
How an initial report to the hotline system is directly routed to the applicable entity responsible for accepting a report pursuant to section
19-3-307
, C.R.S.;
(e)
A formal process for a county department to opt to have the state department receive reports or inquiries on behalf of the county department after hours subject to a requirement that the board of county commissioners must officially approve the use of the hotline system on behalf of the county and such arrangement must be approved by the executive director;
(f)
A process for a county department to opt to have another county department receive reports or inquiries on behalf of the county department after hours or on a short-term basis with notification of such arrangement to the executive director;
(g)
Standardized training and certification standards for all staff prior to taking reports and inquiries;
(h)
A consistent screening process with criteria and steps for the county department to follow in responding to a report or inquiry that is consistent with the process set forth in subsections (3.5)(a) and (3.7)(a) of this section;
(i)
Rules establishing a consistent decision-making process with criteria and steps for the county department to follow when deciding how to act on a report or inquiry or when to take no action on a report or inquiry; and
(j)
A disclosure procedure that notifies callers to the hotline system that calls are recorded that is consistent with the procedure set forth in subsection (3.5)(b) of this section.
(5)
The state department shall submit periodic reports to the appropriate legislative committee pursuant to the requirements of part 2 of article
7
of title
2
, C.R.S., pertaining to the implementation or operation of the hotline system, the progress of implementing the hotline system, the outcomes from the operation of the hotline system, and the outcomes from the adoption of rules and practices for consistent screening, assessment, and decision-making for reports of known or suspected child abuse and neglect and for inquiries.
Amended by 2024 Ch. 262,§ 3, eff. 5/28/2024.
Added by 2013 Ch. 219, § 1, eff. 5/14/2013.
L. 2013: Entire section added, (HB 13-1271), ch. 219, p. 1018, § 1, effective May 14.