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CO HB1105

Bill

Status

Failed

5/27/2020

Primary Sponsor

Tim Geitner

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Prohibits the Department of Human Services from adding a person suspected of child abuse or neglect to the Colorado TRAILS system without providing written notice and an opportunity for an administrative hearing before a department administrative law judge.

  • Requires the department to provide written notice within 14 days of substantiating allegations, including a clear statement of specific allegations, consequences of listing, a complete copy of the investigative record, and the maximum time period the person's name may remain in the system.

  • Establishes that the minimum standard for listing is a preponderance of the evidence, and an administrative hearing is not required if a court has already issued an order in a civil, criminal, administrative, or juvenile proceeding addressing the same abuse or neglect allegations.

  • Prohibits the department from releasing information about the person or allegations to third parties until all appeals are exhausted or waived, and sets a maximum retention period of 10 years for substantiated findings based on severity.

  • Allows persons listed in the system to request expungement two years after the original adjudication, with "good cause" including newly discovered exculpatory evidence or evidence that the person no longer poses a risk; if denial occurs, persons must wait an additional two years before resubmitting.

Legislative Description

Colorado TRAILS System Requirements

Last Action

House Committee on Public Health Care & Human Services Postpone Indefinitely

5/27/2020

Committee Referrals

Public Health Care & Human Services1/14/2020

Full Bill Text

No bill text available