12 Colo. Code Regs. § 2518-1-30.525

Current through Register Vol. 47, No. 20, October 25, 2024

Section 12 CCR 2518-1-30.525 - ALTERNATIVE RESPONSE TRACK INVESTIGATIONS

A. County departments approved to participate in the Alternative Response pilot shall conduct an investigation to determine conclusions related to allegations of mistreatment and self-neglect that have been determined to be low risk as outlined in section 30.440 . The investigation shall include, but may not be limited to:

1. Determining the need for protective services. if the client is in clear and immediate danger, the county shall intervene immediately by notifying the proper emergency responders.

2. Determining if the investigation should be conducted jointly with another entity, except in self-neglect only cases, such as:

A. Law enforcement and/or the district attorney;

B. Community Centered Board;

C. Health Facilities Division;

D. Attorney General's Medicaid Fraud Unit;

E. The long-term care ombudsman; and/or,

F. County department Child Welfare programs.

3. Making reasonable efforts to conduct interviews, as outlined below. The interviews and collection of evidence must address the specific allegations identified in the report and any new mistreatment or self-neglect that may be identified during the assessment or investigation. If an interview cannot be conducted for good cause, the attempts and the cause shall be documented.

A. An in-person initial interview with the client whenever possible.

i. The initial visit may be scheduled or unannounced, at the discretion of the county department.

ii. If the client is unable to be interviewed for good cause, the cause shall be documented in CAPS.

B. Ongoing interviews with the client to complete the investigation and assessment as outlined in Section 30.530 . If the client refuses to participate in the investigation or cannot be located, the county department shall make reasonable efforts to complete the investigation by gathering evidence and interviewing other collateral contacts that have knowledge of the client and/or the alleged mistreatment or self-neglect.

C. Interviews with all collateral contacts. In the event a collateral contact cannot be located or interviewed for good cause, the cause shall be documented in CAPS; and,

D. Interview(s) with the alleged perpetrator(s), with or without law enforcement. In the event the alleged perpetrator is unable to be located or interviewed for good cause, the cause shall be documented in CAPS. The following information shall be collected related to the alleged perpetrator(s), to the fullest extent possible, in addition to information about the allegations:

i. Full name of the alleged perpetrator(s) with accurate spelling;

ii. Current email address, when available;

iii. Current physical and mailing address;

iv. Date of birth; and,

v. Other identifying demographic and contact information.

4. Collecting evidence and documenting with photographs or other means, when appropriate, such as:

a. Police reports;

b. Any available investigation report from a currently or previously involved facility and the occurrence report from the Health Facilities Division;

c. Medical and mental health records;

d. Bank or other financial records;

e. Care plans for any person in a facility or receiving other services that require a care plan and any daily logs or charts; and/or,

f. Staffing records and employee work schedules when investigating in a facility.

5. Determining a conclusion related to the allegations.

6. Determining whether there are additional mistreatment or self-neglect concerns not reported in the initial allegations. If there are additional concerns, the county department shall enter the mistreatment and alleged perpetrator or self-neglect into the case, make a traditional or alternative response track assignment as outlined in Section 30.440, and complete an investigation in accordance with the applicable traditional response or alternative response track investigation rules.

7. Supervisory review of all alternative response track conclusions.

8. Notifying law enforcement when criminal activity is suspected.

12 CCR 2518-1-30.525

37 CR 15, August 10, 2014, effective 9/1/2014

40 CR 01, January 10, 2017, effective 2/1/2017

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 09, May 10, 2018, effective 6/1/2018

41 CR 13, July 10, 2018, effective 7/30/2018

42 CR 17, September 10, 2019, effective 10/1/2019

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 13, July 10, 2020, effective 8/1/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 11, June 10, 2021, effective 6/30/2021

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 19, October 10, 2022, effective 11/1/2022