Review and Expunction of Central Registries and Reporting Records - Colorado

Right of the Reported Person to Review and Challenge Records

Citation: Rev. Stat. § 19-3-313.5

On or before January 1, 2004, the State Board of Human Services shall promulgate rules to establish a process at the State level by which a person who is found to be responsible in a confirmed report of child abuse or neglect filed with the State Department of Human Services pursuant to § 19-3-307 may appeal the finding of a confirmed report of child abuse or neglect to the State department. At a minimum, the rules established shall address the following matters, consistent with Federal law:

• The provision of adequate and timely written notice by the county departments of social services or, for an investigation pursuant to § 19-3-308(4.5), by the agency that contracts with the State, using a form created by the State department, to a person found to be responsible in a confirmed report of child abuse or neglect of the person's right to appeal the finding of a confirmed report of child abuse or neglect to the State department
• The timeline and method for appealing the finding of a confirmed report of child abuse or neglect
• Designation of an entity other than a county department of social services with the authority to accept and respond to an appeal by a person found to be responsible in a confirmed report of child abuse or neglect at each stage of the appellate process
• The legal standards involved in the appellate process and a designation of the party who bears the burden of establishing that each standard is met
• The confidentiality requirements of the appeals process

When Records Must Be Expunged

Citation: Rev. Stat. § 19-3-313.5

The rules established by the State Board of Human Services shall, consistent with Federal law, provide for procedures that facilitate the prompt expunction of and prevent the release of any information contained in any records and reports that are accessible to the general public or are used for purposes of employment or background checks in cases determined to be unsubstantiated or false.

The State Department of Social Services and the county Department of Social Services may maintain information concerning unsubstantiated reports in casework files to assist in future risk and safety assessments.