Tracking# 2012-01066
FA/P 2/1/13, eff. 4/1/13 

I:/12091101.rtf
(I:/12091101.doc) 

(12 CCR 2518-1)

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Revisions to Sections 30.250 and 30.640, and addition of Section 30.645, were final adoption following publication at the 2/1/2013 State Board rule-making session, with an effective date of 4/1/2013 (Rule-making# 12-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.

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30.250  CONFIDENTIALITY [Rev. eff. 4/1/13]

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D.  In a criminal or civil proceeding or in any other circumstance in which the APS report and/or case record is subpoenaed or any request for disclosure has been made, or any county department or State Department representative is ordered to testify concerning an APS report or case, the court shall be advised, through proper channels, of the statutory provisions, rules, and policies concerning disclosure of information.
1.  Confidential information shall not be released unless so ordered by the court for good cause. 
2.  Courts with competent jurisdiction may determine good cause. Although it is not an exhaustive list, the following are examples of court proceedings in which a court may determine that good cause exists for the release of confidential information: 
a.  Guardianship or conservatorship proceeding in which either the county is the petitioner or has been ordered to testify; 
b.  Review of Power of Attorney under the Uniform Power of Attorney Act, as outlined at Title 15, Article 14, Part 7, Colorado Revised Statutes (C.R.S.); 
c.  Review of a fiduciary under Title 15, Article 10. Part 5, C.R.S.; and/or, 
d.  Criminal trial.

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J.  Any person who willfully violates confidentiality or who encourages the release of information related to the mistreatment of an at-risk adult from the data system or APS case file, to persons not permitted access to such information, commits a Class 2 petty offense and shall be punished as provided in Section 26-3.1-102(7)(c), C.R.S.

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30.640  REPRESENTATIVE PAYEE [Rev. eff. 4/1/13]
A.  The county department shall only apply for appointment as a representative payee when no other reliable person or agency is available and willing to seek the appointment and:
1.  The reported financial issues pertaining to mistreatment and/or self-neglect have been substantiated and determined to present the potential for significant harm to the client’s health, safety, or welfare without intervention; and,
2.  Other less restrictive intervention options have been assessed and found to be inadequate to protect and assist the client; and,
3.  Medical, psychiatric, and/or financial evidence exists to show the client is unable to manage his/her personal finances.
B.  The county department shall follow the procedures and guidelines for payees as set forth by the SSA or other organization(s). 
C.  The county department shall initiate procedures, as outlined by the SSA or other organization(s), to discontinue its services as representative payee when:
1.  Medical, psychiatric, and/or financial evidence indicates a payee is no longer necessary;
2.  Another appropriate payee has been identified; or,
3.  The county department is no longer able to fulfill payee responsibilities, as appointed.

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[Instructions: Insert the following new section after Section 30.640, line 2315608.] 
30.645  TRUST ACCOUNTS [Eff. 4/1/13] 
A.  The county department shall ensure that all guardianships, conservatorships, representative payeeships, and personal needs accounts that are held by the county department, and in which the county department has some financial authority or responsibility, have an established trust account.
B.  The established trust account shall bear the name of the county department or the name and the title of the director of the county department as trustee for the client or as otherwise required by the Social Security Administration (SSA).
1.  Withdrawals from savings, checking, or investment accounts shall require two signatures, neither of which may be the caseworker or the bookkeeper.
2.  Shortages in trust accounts are the responsibility of the county department.
C.  The county department shall manage any trust account established pursuant to such department’s fiduciary duty as a guardian, conservator, representative payee, or other purpose in accordance with any State and Federal requirements for said accounts. 

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