If you received a Notice of Founded Finding from a Colorado county department of human services, you may feel scared, confused, or unsure what to do next.
This notice can be serious. It may affect your job, your ability to work with children, your parenting case, or future background checks.
The most important thing is simple: do not ignore it.
You may have the right to appeal the finding, but you need to act quickly and carefully.
What Is a Notice of Founded Finding?
In Colorado, county human services departments investigate reports of child abuse or neglect. After the investigation, the county may decide that the report is “founded.”
If the county makes a founded finding against you, it must send you written notice. This is usually called a Notice of Founded Finding.
The notice should explain the finding, the appeal process, how to appeal, and the appeal request form.
What Is TRAILS?
TRAILS is Colorado’s child welfare database. When people talk about a “TRAILS appeal,” they are usually talking about an appeal of a founded child abuse or neglect finding.
A TRAILS appeal is not the same thing as a criminal case. It is a civil administrative process, not a criminal charge.
That means you may have a founded finding even if you were never arrested, never charged, or never convicted.
Step 1: Read the Notice Carefully
Do not just skim the notice. Read the whole thing.
Look for:
- The date of the notice;
- The appeal deadline;
- What the county says happened;
- The type of finding;
- Instructions for filing an appeal;
- The appeal form; and
- Where the appeal must be sent.
The first page is very important. This is usually where the date of the notice and the due date are listed.
Step 2: Save Every Document
Keep everything that came with the notice.
This includes:
- The notice;
- The envelope;
- The appeal form;
- Any instructions;
- Any extra pages; and
- Any other paperwork from the county.
Do not throw anything away. These papers may matter later.
If you appeal, you must include a copy of the Notice of Founded Finding. If you do not include it, the appeal may not be accepted.
Step 3: Mark the Deadline on Your Calendar
In most cases, you have 90 calendar days from the date of the county notice to request an appeal.
This is not based on the date you finally read the letter. It is based on the date listed on the notice.
Calendar days include weekends and holidays.
Do not wait until the last minute. If you wait too long, it may be harder to gather records, contact witnesses, and prepare your case.
Step 4: Do Not Assume the Problem Will Go Away
Some people think they do not need to appeal because:
- They were not arrested;
- No criminal charges were filed;
- The criminal case was dismissed;
- The county case is over;
- They already explained their side;
- They believe the county made a mistake; or
- They think the finding is not a big deal.
That can be a mistake.
A founded finding can remain in TRAILS unless it is appealed or otherwise resolved. If you disagree with the finding, you should take the appeal process seriously.
Step 5: Start Gathering Evidence
Begin saving anything that may help explain what happened.
Helpful evidence may include:
- Text messages;
- Emails;
- Photos;
- Videos;
- Medical records;
- School records;
- Daycare records;
- Witness names and contact information;
- Court orders;
- Police reports;
- Prior DHS paperwork; and
- A written timeline of events.
Do not delete messages. Do not change documents. Do not pressure witnesses. Just save the information and speak with an attorney about what may help your case.
Step 6: Be Careful What You Say
After receiving a Notice of Founded Finding, you may want to explain yourself right away.
Be careful.
What you say may affect your appeal. It may also affect a custody case, a dependency and neglect case, a protection order case, or a criminal investigation.
Before giving detailed statements, it is wise to speak with an attorney.
Step 7: Decide Whether to Appeal
If you disagree with the founded finding, you can appeal through the Child and Adult Mistreatment Dispute Review Section, also called CAMDRS.
An appeal request generally must include your contact information, a statement explaining the basis for your appeal, and the county department Notice of Founded Finding.
Should You Talk to an Attorney?
You are not required to have an attorney for a TRAILS appeal. But these cases can have serious effects.
A founded finding may affect your employment, family law case, professional license, or ability to work with children.
An attorney can help you understand the finding, protect your rights, gather evidence, and prepare for the appeal process.
Final Thought
If you received a Notice of Founded Finding in Colorado, do not ignore it. Read it carefully, save every document, mark the deadline, and decide quickly whether to appeal.
This article is general legal information, not legal advice. Every case is different. If you received a Notice of Founded Finding or have questions about a TRAILS appeal, speak with a Colorado attorney about your situation.
