Child and Adult Mistreatment Dispute Review Section

The Child and Adult Mistreatment Dispute Review Section (CAMDRS) is the state level working group involved in reviewing county decisions that an individual is responsible for an act of child abuse or neglect, or mistreatment of an at-risk adult, when the individual (Appellant) requests a state appeal.  CAMDRS is involved only in child abuse or neglect and mistreatment of at-risk adult appeals.
 
Under Colorado law, individuals receiving letters from County Departments of Human/Social Services notifying them that they have been identified as responsible for an incident of child abuse or neglect, or mistreatment of an at-risk adult, are entitled to contest (appeal) the accuracy of the county decision to an impartial decision maker.

Child Maltreatment Appeals

Individuals have ninety (90) calendar days from the date of the Notice of Substantiated Finding to request an appeal. The date of the Notice of Substantiated Finding is on the first page of the packet. If the appeal is not received by the State department within the ninety (90) calendar day period, the appeal may not be accepted and the opportunity to appeal the finding may be lost.

Once the State department has received an appeal, the State Department will send the Appellant an acknowledgement of receipt of the appeal request, along with information about the appeal process. The Appellant and the State Department have up to 120 days from the date the appeal is received to reach an agreement. If the Appellant and the State Department are unable to reach an agreement through settlement discussions, the case may be heard by an Administrative Law Judge. It is the Appellant's responsibility to make contact with a reviewer in CAMDRS prior to the 120 day deadline after submitting his/her appeal. If an Appellant has not made contact with CAMDRS within 30 days of the date of the acknowledgement letter, the CAMDRS reviewer will make one attempt to reach the Appellant using the contact information the Appellant listed on their request for an appeal. If the Appellant identified an attorney in their appeal application, the State Deprtment staff person will first attempt to contact the attorney rather than the Appellant. It is the Appellant's responsibility to keep his/her contact information current with CAMDRS. If the State Department staff person does not reach the Appellant, or the Appellant's attorney (if applicable), at the contact information the Appellant provided and does not hear from the Appellant by the 120 day deadline, the State Department will deem the appeal abandoned, and the county department finding against the Appellant will remain in Trails, pursuant to 12 CCR 2509-2 § 7.111(M).

The form and instructions are used to request a fair hearing.  If the individual wants to appeal to the state he or she must complete and submit the form that is included in the letter from the county.  Once this form is received in CAMDRS, the Appellant will receive notice that the appeal has been received along with further information regarding the appeal process.
 
A fair hearing is another name for a trial before an Administrative Law Judge.  If the appeal proceeds to a fair hearing, the Appellant must be available to set the date for the hearing.  Once a hearing has been scheduled, the Appellant will be required to submit a response to the State's Notice of Charges.  Additionally, the Appellant will be required to provide information about witnesses and evidence that the s/he expects to present at the hearing.  At the fair hearing, the Appellant has the right to call witnesses, present documents and ask questions of other witnesses.  The state must prove that the county's determination is supported by a preponderance of the evidence.  After the hearing, the Administrative Law Judge will render an Initial Decision on whether the state or the Appellant won the case.  The process then shifts to the CDHS Office of Appeals.  Appellants are not required to hire a lawyer; but may if they choose.  Lawyers are not appointed by the Administrative Law Judge in these types of cases.
 
The above information is a very brief overview of the child abuse or neglect report appeals process.  If you become involved in an appeal, make sure that you read carefully all the documents that are sent to you.  The documents have legal significance and consequences.  Any person is welcome to call CAMDRS with questions about the process generally or about their own appeal specifically.  State contact information can be found below.  Finally, please use the links below to find additional copies of forms, the procedures at the Office of Administrative Courts or the CDHS Office of Appeals web pages and the state rules governing the appeal process for confirmed or founded reports of child abuse or neglect.

Mistreatment of an At-Risk Adult Appeals

Individuals have ninety (90) calendar days from the date of the Notice of Substantiated Finding to request an appeal. The date of the Notice of Substantiated Finding is on the first page of the packet. If the appeal is not received by the State Department within the ninety (90) calendar day period, the appeal may not be accepted and the opportunity to appeal the finding may be lost.

Once the State Department has received an appeal, the State Department will send the Appellant an acknowledgement of receipt of the appeal request, along with information about the appeal process. The Appellant and the State Department have up to 120 days from the date the appeal is received to reach an agreement. If the Appellant and the State Department are unable to reach an agreement through settlement discussions, the case may be heard by an Administrative Law Judge. It is the Appellant's responsibility to make contact with a reviewer in CAMDRS prior to the 120 days deadline after submitting his/her appeal. If an Appellant has not made contact with CAMDRS within 30 days of the date of the acknowledgement letter, the CAMDRS reviewer will make one attempt to reach the Appellant using the contact information the Appellant listed on their request for an appeal. If the Appellant identified an attorney in their appeal application, the State Deprtment staff person will first attempt to contact the attorney rather than the Appellant. It is the Appellant's responsibility to keep his/her contact information current with CAMDRS. If the State Department staff person does not reach the Appellant or the Appellant's attorney (if applicable), at the contact information the Appellant provided and does not hear from the Appellant by the 120 day deadline, the State Department will deem the appeal abandoned, and the county department finding against the Appellant will remain in CAPS.

If an individual wants to appeal to the state he or she must complete and submit the form that is included in the letter from the county, or submit a request online using the following link:

Mistreatment of an at-risk adult online appeal request

Once this form is received in CAMDRS, the Appellant will receive notice that the appeal has been received along with further information regarding the appeal process.
 
A fair hearing is another name for a trial before an Administrative Law Judge.  If the appeal proceeds to a fair hearing, the Appellant must be available to set the date for the hearing.  Once a hearing has been scheduled, the Appellant will be required to submit a response to the State's Notice of Charges.  Additionally, the Appellant will be required to provide information about witnesses and evidence that the s/he expects to present at the hearing.  At the fair hearing, the Appellant has the right to call witnesses, present documents and ask questions of other witnesses.  The state must prove that the county's determination is supported by a preponderance of the evidence.  After the hearing, the Administrative Law Judge will render an Initial Decision on whether the state or the Appellant won the case.  The process then shifts to the CDHS Office of Appeals.  Appellants are not required to hire a lawyer but may if they choose.  Lawyers are not appointed by the Administrative Law Judge in these types of cases.
 
The above information is a very brief overview of the mistreatment of an at-risk adult appeals process.  If you become involved in an appeal, make sure that you read carefully all the documents that are sent to you.  The documents have legal significance and consequences.  Any person is welcome to call CAMDRS with questions about the process generally or about their own appeal specifically.  State contact information can be found below.  Finally, please use the links below to find additional copies of forms, the procedures at the Office of Administrative Courts or the CDHS Office of Appeals web pages and the state rules governing the appeal process for confirmed or founded reports of child abuse or neglect.