Colorado TRAILS System Requirements

The bill prohibits the department of human services (department) from including information about a person suspected of child abuse or neglect to the Colorado TRAILS system (system) absent notice and a hearing. The bill requires the department to provide the person with written notice of the department's intent to list the person's name in the system and request a hearing before a department administrative law judge (ALJ) within 14 days after making a finding substantiating the allegations. A hearing is not required if a court has issued an order in a proceeding in which allegations of child abuse or neglect are at issue. The bill specifies the procedural requirements for a hearing before an ALJ. The department is prohibited from releasing information about the person or the allegations against the person to a third party until all appeals are exhausted or waived. The bill requires the department to maintain each report of suspected child abuse or neglect for 2 years from the date the report is received. Two years after the date of the original adjudication, a person listed in the system may request to have the person's name expunged from the system by submitting a written request to the department. If the request for expungement is denied, the person must wait an additional 2 years before submitting another request for expungement. The department may administratively expunge the person's name from the system. (Note: This summary applies to this bill as introduced.)