Appealing a DHS Founded Finding in Colorado
The Colorado Department of Early Childhood Education requires childcare centers and schools to run background checks for all employees. This includes both a criminal history background check and a child abuse and neglect registry check (also called “TRAILS”). The results of these background checks can have significant, long-term effects, such as creating obstacles in finding jobs, especially in fields like childcare and education. The good news is that you have the right to appeal a DHS founded finding.
DHS Investigation Process
When DHS receives a report of concern about child abuse or neglect, they will screen the referral and determine whether to investigate. These reports can be made by teachers, counselors, or other mandatory reporters. Because childcare centers are also mandatory reporters, the report can concern something that happens between students at a childcare center or school. If the teachers were not providing adequate supervision, they can get a founded finding from DHS and find themselves on the child abuse and neglect registry.
If an individual believes the DHS finding against them is incorrect or unjust, they have the right to challenge it through an administrative appeal.
How Does the TRAILS Appeal Process Work?
1. Receiving Notice
At the end of a county investigation, a person found responsible for abuse or neglect will receive a “Notice of Founded Finding.” This document explains the decision, outlines the appeal process, and includes a Child Welfare Appeal Request form.
2. Requesting an Appeal
If you believe the finding is inaccurate, you can file an appeal within 90 days of the date of the notice. Careful attention must be paid to this deadline - if you miss the deadline, you cannot later file an appeal, so make sure you act quickly!
If you want to hire an attorney, it’s mportant that you reach out quickly after receiving the notice. The attorney will need time to investigate and draft the appeal, so it’s important that you call well before the 90-day deadline.
Appeals can be submitted online, accompanied by the Notice you received from the county.
3. Initial Review
Once the appeal is submitted, a state caseworker is assigned to review DHS’ initial investigation and the information providing as part of your appeal. The caseworker will work with you to explore a possible resolution without a formal hearing. Often, this will involve the caseworker making an offer to expunge the listing, either immediately or after a period of time.
If you reach a resolution at this stage, you will sign an agreement with the Child and Adult Mistreatment Dispute Review Section.
4. Preparing for a Hearing
If no agreement is reached during the review, the case advances to the Office of Administrative Courts. At this stage, you’ll need to collect evidence to support your case. This might include documents, witness statements, or other materials proving the accusations are unfounded.
5. The Hearing
The appeal hearing resembles a small courtroom process. You can present evidence, share your side of the story, and call witnesses to testify. An administrative law judge will hear both sides of the case.
6. The Final Decision
After the hearing, the judge will decide whether the founded finding should remain in the TRAILS system or be removed. If the appeal is successful, the record will be updated or erased.