Child Welfare Falsification of Documentation

Link to PDF Version of Child Welfare Falsification of Documentation

Program:  Child Welfare

Policy Title:  Child Welfare Falsification of Documentation

Effective Date: 09/01/2024

REFERENCES/REGULATION

CDHS Volume 7.601.81

12 CCR 2509-7

PURPOSE

To clarify the process where upon falsification of documentation is suspected, investigated, and the steps to be taken when falsification of documentation is confirmed.

POLICY

All Delta County Human Services child welfare employees must reflect true and accurate information in documentation for all child welfare assessments and cases.

A confirmed incident of falsification of child welfare records is an incident where, after an investigation by the county department, the county department, establishes by a preponderance of the evidence (more likely to be true than not) that a person knowingly or intentionally made a false entry or falsely altered information in the comprehensive child welfare information system known as Trails.

Falsified documentation in Trails is a criminal act (C.R.S, §18-8-114) and this behavior will not be tolerated under any circumstance. Failure to comply with this policy shall include disciplinary action to include termination and it will be reported to law enforcement and/or the District Attorney for the potential filing and prosecution of criminal charges.

Any Delta County Department of Human Services employee who becomes aware of suspected or confirmed falsification of casework, shall report the matter to their direct supervisor, immediately. If their supervisor is unavailable for any reason, they shall notify the covering supervisor, Human Services Administrator, or Human Services Human Services Director.

PROCEDURE:

Delta County Department of Human Services shall initiate the following actions when an identified incident of falsification has been brought to the Department’s attention. These steps shall include:

1. When Delta County Human Services determines there is an identified incident of falsification of documentation, the supervisor or Human Services Administrator will notify Human Services Director immediately. The Human Services Director will then notify Human Resources and the County Attorney.

2. The identified employee will be put on paid administrative leave so the incident(s) can be thoroughly investigated. This will include a suspension to digital access including email, respective databases, the state automated system (Trails), and others as deemed necessary.

3. Delta County Human Services Director will contact the Colorado Department of Human Services to suspend the employee’s access to the comprehensive child welfare information system knows as Trails within one (1) working day from the date the employee is placed on leave.

4. The Human Services Director shall make reasonable efforts to promptly preserve evidence that the child welfare record has been falsified and supervise or restrict the employee’s access to child welfare records including but not limited to the comprehensive child welfare information system known as Trails, hard copy case files, and any other child welfare case related documents.

5. The investigation shall be completed even if the employee subject to the investigation resigns, is terminated, or is no longer employed by Delta County Department Human Services at the time the suspected falsification of child welfare records becomes known.

6. If an incident of falsification is confirmed, the Human Services Director shall notify the Division of Child Welfare within three (3) working days.

7. The Human Services Director and/or the Administrator will review the identified employee’s entire workload and complete an audit on all assessments and/or cases to include both open and closed assessments and/or cases.

8. The Human Services Director shall create an addendum with the original date where information was falsified to outline accurate information and capture in the system of record but the original documentation will not be deleted.

9. No later than ten (10) working days upon confirmation of falsification the Human Services Director will refer the incident of falsification of child welfare records to the appropriate Law Enforcement Agency or the District Attorney. The referral to the appropriate Law Enforcement Agency or the District Attorney shall be documented by the Human Services Director as a part of the employee’s personnel record.

10. If the falsified child welfare record relates to an open Dependency and Neglect or Juvenile Delinquency case, Delta County Department of Human Services shall notify the Court, parties to the case, their legal counsel and/or Guardian ad Litem that a record in the comprehensive child welfare information system known as Trails has been corrected.

11. If the falsified record relates to an assessment, referral or case for which there is no corresponding Dependency and Neglect or Juvenile Delinquency case, Delta County Department of Human Services shall notify the parents and the guardians of the child/youth who was alleged or found to be the victim of the abuse or neglect of a youth in conflict, the person found or alleged to be responsible for the abuse or neglect, and the child/youth if the age is ten (10) years or older.

12. Delta County Department of Human Services will use the State Department approved letter of notice when there is a confirmed incident of abuse or neglect and mailed to the parties listed above, as applicable, by first class U.S. mail to the last known address of each individual within ten (10) working days.