Understanding TRAILS Appeals in Colorado
If you’ve ever heard the term “TRAILS appeal” in Colorado, you might be wondering what it means. If you’re received a letter from the Department of Human Services that you have a founded finding against you for child abuse or neglect, you are in the right spot!
What is TRAILS?
TRAILS is the database maintained by the Colorado Department of Human Services. It keeps track of reports about child abuse and neglect, including the names of any individuals who are found to be responsible for child abuse or neglect.
Why Do People File TRAILS Appeals?
The Colorado Department of Early Childhood Education requires childcare centers and schools to run background checks for all employees. This includes both a criminal history background check and a child abuse and neglect registry check (also called “TRAILS”). Sometimes, a person is reported for child abuse or neglect, and this information gets recorded in the TRAILS database. This record can have serious consequences for the person reported. For example, it might make it harder for them to get a job, especially if they work with kids, in healthcare, or in education.
It’s also worth noting that because childcare centers are mandatory reporters, a founded finding can result from incidents that happen between students at a childcare center or school. If teachers were not providing adequate supervision, they can receive a founded finding from DHS.
If someone feels that the report against them is wrong or unfair, they can file an administrative appeal to challenge the record.
How Does a TRAILS Appeal Work?
1. Receiving Notice
If someone is found to be responsible for child abuse or neglect, they will get a notice from the county that investigated at the end of the investigation. This is called a “Notice of Founded Finding.” This form contains information about how to appeal, the deadline to appeal, and a Child Welfare Appeal Request form.
2. Requesting an Appeal
If the person believes the finding is incorrect, they have the right to ask for an appeal. They need to do this within 90 days. Careful attention must be paid to this deadline — if you miss it, you cannot later file an appeal, so make sure you act quickly!
If you want to hire an attorney, it’s important that you reach out well before the 90-day deadline. The attorney will need time to investigate and draft the appeal. You can submit the appeal request online here. You will need to send a copy of the Notice you received from the county with the appeal form.
3. Appeal Acceptance
Once the appeal is accepted, a state-level caseworker will be assigned. That caseworker will review your appeal and try to negotiate an agreement. Often, this will involve the caseworker making an offer to expunge the listing, either immediately or after a period of time. If you reach a resolution at this stage, you will sign an agreement with the Child and Adult Mistreatment Dispute Review Section.
4. Preparing for a Hearing
If you are unable to reach an agreement, your case will be forwarded to the Office of Administrative Courts for a hearing. Before the appeal hearing, you can gather evidence to show that the report is wrong. This might include documents, witness statements, or other proof that you didn’t do what you were accused of doing.
5. The Hearing
An appeal hearing is like a mini-court session. You will have the opportunity to explain your side of the story, present evidence, and bring witnesses. There will be an administrative law judge who listens to both sides.
6. The Decision
After the hearing, the administrative law judge will decide whether the report should stay in the TRAILS system or be removed. If they decide in favor of the person appealing, the record will be changed or removed.
Why is This Important?
The TRAILS system is there to protect kids, but it’s also important to make sure it’s fair. If someone is wrongly accused, it can affect their life in big ways. That’s why the appeal process is so important. It gives people a chance to clear their name if they believe the report is wrong.
What Can You Do if You’re Involved in a TRAILS Case?
If you or someone you know is involved in a TRAILS case, here are a few steps to follow”
- Stay Calm: It’s natural to feel upset or scared if you’re reported for something serious like child abuse. Try to stay calm and gather your thoughts.
- Get Information: Make sure you understand why you were reported. Read any documents you receive carefully.
- Seek Help: Consider getting legal advice. A lawyer can help you understand the process and what you need to do.
- Gather Evidence: Collect any evidence that shows you didn’t do what you’re accused of. This can be anything from emails and texts to witness statements.
- Prepare for the Hearing: Practice what you want to say at the hearing. Be clear and honest about your side of the story.
A TRAILS appeal is a way for people in Colorado to challenge a report of child abuse or neglect that they believe is wrong. It’s an important process that helps ensure fairness and accuracy in the system designed to protect children. By understanding how TRAILS appeals work, you can better navigate the process if you ever need to.
Do you have questions about how to appeal a founded DHS finding? I’m here to help!