Filing a TRAILS appeal is an important first step. But it is not the end of the case.
After you file, the appeal process can include review, settlement discussions, document gathering, and possibly a hearing before an Administrative Law Judge.
Knowing what may happen next can help you prepare.
First, the Appeal Must Be Accepted
After the Child and Adult Mistreatment Dispute Review Section (CAMDRS) receives your appeal, it reviews whether the appeal was properly submitted.
Your appeal request can be submitted online and must include your contact information, a statement explaining the basis for the appeal, the names of the children involved, the county that made the finding, and a copy of the county department Notice of Founded Finding.
If the Notice of Founded Finding is missing, the appeal may not be accepted.
You Should Receive an Acknowledgement Letter
If the appeal is accepted, CAMDRS sends an acknowledgement letter.
Do not ignore this letter. Read it carefully. It includes important information about deadlines, next steps, and the process.
Save the letter with your other appeal documents.
Settlement Period
After the appeal is accepted, the person appealing and CAMDRS have up to 120 calendar days from the date CAMDRS receives the appeal to reach a settlement.
Usually, CAMDRS will review the appeal and reach out to the person appealing to discuss whether the appeal can be resolved without a hearing.
While you are negotiating, you should use your time wisely.
This may include:
- Gathering documents;
- Reviewing the county’s allegations;
- Identifying witnesses;
- Preparing a timeline;
- Looking for missing records;
- Reviewing related court cases; and
- Speaking with an attorney about strategy.
You May Request to Go Directly to a Hearing
A person may also request to go directly to a hearing before an Administrative Law Judge.
That does not mean going directly to hearing is always the right choice. It depends on the facts, the evidence, and the risks in the case.
Before making that decision, it is wise to understand what evidence exists and what issues need to be addressed.
What Is the Hearing?
If the case does not resolve, the person appealing can request a hearing before an Administrative Law Judge.
The hearing is a chance to challenge the founded finding. Evidence may be presented. Witnesses may testify. The county’s position may be reviewed.
This is more formal than a phone call with the county. You should take it seriously.
What Should You Be Doing While You Wait?
Do not assume nothing is happening just because you are waiting.
You should continue preparing. That may include:
- Keeping all mail and emails from CDHS, CAMDRS, the county, and the court;
- Putting all deadlines in your calendar with reminders;
- Saving documents;
- Making a witness list;
- Creating a timeline;
- Reviewing texts and emails;
- Collecting medical, school, daycare, or work records;
- Avoiding social media posts about the case; and
- Talking with an attorney before making detailed statements.
Preparation matters. Waiting until a hearing is scheduled can put you behind.
Can the Appeal Affect Other Cases?
Yes. A TRAILS appeal may overlap with other legal issues.
For example, the same facts may also be involved in:
- A custody case;
- A dependency and neglect case;
- A criminal investigation;
- A protection order case;
- A professional licensing issue; or
- An employment background check issue.
What you say in one case may matter in another case. That is one reason it can be important to get legal advice early.
Do You Need an Attorney After Filing?
You are not required to have an attorney. But once the appeal is filed, the case may become more complicated.
An attorney can help review the notice, organize evidence, communicate with the agency, prepare for settlement discussions, and prepare for a hearing.
If the finding may affect your job, license, parenting time, or another court case, legal advice may be especially important.
Do Not Miss Future Deadlines
The 90-day appeal deadline is not the only deadline that matters.
After the appeal is filed, there will be more deadlines for documents, responses, hearing preparation, or other steps.
Open your mail. Check your email. Keep copies of everything.
Final Thought
After you file a Colorado TRAILS appeal, stay organized and keep preparing.
An accepted appeal may lead to a settlement or a hearing before an Administrative Law Judge.
Do not assume the case will handle itself. Save your documents, watch for deadlines, and get advice about your next steps.
NOTICE: 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.
