Trails Reports Usage

							                                         CDHS
       Office of Employment and Regulatory Affairs, Boards and Commissions Division
                        Child Abuse/Neglect Dispute Review Section

                           Definitions and Trails Report Utilization

Definitions:

       “Founded” means there exists a preponderance of credible evidence that the individual is
        responsible for the child abuse or neglect. See Rule 7.202.3

       “Inconclusive” means that there is some likelihood that the individual is responsible for
        the child abuse or neglect, but not a preponderance of evidence. See Rule 7.202.3

       “Unfounded” means that there is clear evidence that the individual is not responsible for
        child abuse or neglect. See Rule 7.202.3

       “Expunged” means that the founded report will be treated as though it did not exist for
        purposes of employment and background screening; it is still a “Founded” report for
        risk/safety purposes. See Rule 7.202.3

       “Overturned/Reversed” means that the “founded” report should be treated for all
        purposes as an “Unfounded” report. Rules 7.202.606D and 7.202.607E.

       “Modified” means that the changed category or severity level should be considered to be
        the correct Founded report. Rules 7.202.606D and 7.202.607E. Administrative Decisions

       “Upheld” means that the outcome of the appeal is that the report remains as “Founded”
        by the county. Rules 7.202.606D and 7.202.607E. Administrative Decisions

Report Utilization:

   1. “Founded” means there exists a preponderance of credible evidence that the individual is
      responsible for the child abuse or neglect. “Founded” reports are directly accessed only
      by state/county dept. child protection workers and,
          A. Are used by child protection workers as the origin of cases that are opened for
              services.
          B. Are used as reference if there are additional allegations. See e.g. Rule 7.202.4
          C. Are used if potential placement issues arise in the future. See e.g. Rule 7.202.54
          D. Are referenced in responses for background screens for employment,
              volunteering, adoption, foster care, and individual requests. See C.R.S. Section
              19-1-307.

   2. “Inconclusive” means that there is some likelihood that the individual is responsible for
      the child abuse or neglect, but not a preponderance of evidence. “Inconclusive” reports
      are directly accessed only by state/county dept. child protection workers and,


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           A. Are used as reference if there are additional allegations. See e.g. Rule 7.202.533
           B. Are used if potential placement issues arise in the future. See e.g. Rule 7.202.54
           C. Are NOT referenced in responses for background screens for employment,
              volunteering, adoption, foster care, and individual requests. See C.R.S. Section
              19-1-307.

   3. “Unfounded” means that there is clear evidence that the individual is not responsible for
      child abuse or neglect. ”Unfounded” reports are directly accessed only by state/ county
      dept. child protection workers and,
          A. Are used as reference if there are additional allegations; however, the strong
              finding of non-responsibility should be used to add context. See e.g. Rule 7.202.4
          B. Are used for information if placement issues arise in the future. See Rule 7.202.54
          C. Are NOT referenced in responses for background screens for employment,
              volunteering, adoption, foster care, and individual requests. See C.R.S. Section
              19-1-307.

   4. “Expunged” means that the founded report will be treated as though it did not exist for
      purposes of employment and background screening; it is still a “Founded” report for
      risk/safety purposes. “Expunged” reports are directly accessed only by state/ county dept.
      child protection workers and,
          A. Are used by child protection workers as the origin of cases that are opened for
              services.
          B. Are used as “Founded” report if there are additional allegations. Rule 7.202.3
          C. Are used as “Founded” report if placement issues arise in the future. Rule 7.202.3
          D. Are NOT referenced in responses for background screens for employment,
              volunteering, adoption, foster care, and individual requests. See Rule 7. 202.3

Practical Applications:

      In accord with the Children’s Code, C.R.S. section 19-1-307, all child abuse or neglect
       records are confidential regardless of whether the report was determined to be founded,
       unfounded, inconclusive, upheld, modified or overturned. Thus, there is no access to
       these records by the general public.

      Unfounded, overturned and inconclusive reports are not referenced in response to
       background screens sent to the Background Investigations Unit of the State. See C.R.S.
       19-1-307 referencing only “confirmed” or founded report information.

      Thus, Colorado’s treatment of unfounded/overturned (unsubstantiated) reports already
       meets the federal and state law mandate for “expungement” without further specification.

      Federal law does not specifically refer to the treatment of “inconclusive” reports. In
       maintaining the confidentiality of those reports from the general public and not
       referencing the report in responses to background screens, Colorado law treats
       “inconclusive” reports similarly to unsubstantiated reports, exceeding requirements.




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      Only Founded or substantiated reports are “expunged” for employment or background
       screens because this is the only category of reports that would otherwise be released on a
       job screen. Thus, again, Colorado exceeds Federal confidentiality requirements.




                              Table of Utilization of Trails Reports

County          Filed      Appeal         Used          Used for         Impact on Future Risk and
Finding         Appeal?    Outcome        For Jobs      Risk/Safety      Safety Decisions*

Unfounded          No      N/A                No             Yes         Minimal impact on
                                                                         risk/safety decisions

Inconclusive       No      N/A                No             Yes         Potential impact on
                                                                         risk/safety decisions

Founded           Yes      Upheld             Yes            Yes         Substantial impact on
                                                                         risk/safety decisions
                           Overturned         No             Yes         Minimal impact on
                                                                         risk/safety decisions
                           Settled            Yes            Yes         Substantial impact on
                                                                         risk/safety decisions
                           Modified           Yes            Yes         Substantial impact on
                                                                         risk/safety decisions
                           Expunged           No             Yes         Substantial impact on
                                                                         risk/safety decisions

 Founded           No      N/A                Yes            Yes         Substantial impact on
                                                                         risk/safety decisions


* This column reflects how it is expected that the different findings would impact future county
child protection worker decisions involving the individuals mentioned in the original report.




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