§ 19-3-211 — Conflict resolution process - rules - definitions

(1) (a) The state
department, in conjunction with the attorney general, shall adopt rules concerning
the statewide implementation of a conflict resolution process in each county and
city and county pursuant to the provisions of this section. The purpose of such
conflict resolution process is to provide a forum for grievances concerning the
conduct of county department personnel in performing their duties pursuant to this
article.

(b) Repealed.

(c) The conflict resolution process must provide for the resolution of
grievances as follows:

(I) Transmittal of all grievances to the county child welfare director for
internal resolution by the county department within ten working days after receipt
of the grievance;

(II) Closure of the grievance and issuance of a written final decision within
thirty-five days of receipt of the grievance if the county department has resolved
the grievance to the complainant's satisfaction;

(III) Referral of the grievance to the office of the child protection
ombudsman upon the request of the complainant if the county department has not
resolved the grievance to the complainant's satisfaction;

(IV) Review by the office of the child protection ombudsman in accordance
with section 19-3.3-103;

(V) to (VII) Repealed.

(d) to (h) Repealed.

(2) and (3) Repealed.

(4) Each county department shall post information about the grievance
process on the county department's public-facing website or otherwise provide
information concerning the grievance process to individuals involved in the county
child welfare system. The state department shall promulgate rules governing the
procedures for processing grievances, for determining if a grievance is within the
scope of the conflict resolution process, and for receiving additional information
from the complainant and the subject of the grievance.

(5) (a) Nothing in this section prevents a complainant from making a
complaint directly to the office of the child protection ombudsman.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (5), a
county department shall not be precluded from presenting any relevant evidence in
a pending civil or criminal investigation or proceeding that the county department
has obtained in the course of fulfilling its duties in the conflict resolution process
pursuant to the provisions of this section.

(c) A county department is not precluded from presenting any relevant
evidence in a pending civil or criminal investigation or proceeding that the county
department has obtained in the course of fulfilling its duties in the conflict
resolution process pursuant to this section.

Legislative History

Source: L. 94: Entire section added, p. 2081, � 1, effective June 3. L. 96: (6) repealed, p. 85, � 11, effective March 20; (2)(h) repealed, p. 1247, � 118, effective August 7. L. 97: Entire section R&RE, p. 1434, � 9, effective July 1. L. 2004: (1)(a) and IP(4) amended, p. 194, � 8, effective August 4. L. 2023: (1)(b), (1)(c)(V), (1)(c)(VI), (1)(c)(VII), (1)(d), (1)(e), (1)(f), (1)(g), (1)(h), (2), and (3) repealed, IP(1)(c), (1)(c)(I), (1)(c)(II), (1)(c)(III), (1)(c)(IV), (4), and (5)(a) amended, and (5)(c) added, (SB 23-210), ch. 251, p. 1427, � 2, effective May 24.