8-803

8-803. Limitation of authority; duty to
inform

A. On initial contact with a parent, guardian or custodian under investigation
pursuant to this article, a child protective services worker shall inform the family,
both verbally and in writing, making reasonable efforts to receive written
acknowledgement from the parent, guardian, or custodian, of receipt of all of the
following information:

1. That the family is under investigation by the department.

2. The specific complaint or allegation made against that person.

3. That the worker has no legal authority to compel the family to cooperate with
the investigation or to receive protective services offered pursuant to the
investigation.

4. The worker's authority to petition the juvenile court for a determination that a
child is dependent.

5. The person's right to participate in a mediation program in the attorney
general's office. The worker shall provide the telephone number of the attorney general's
office mediation program.

6. The person's right to file a complaint with the ombudsman-citizen aide pursuant
to section 41-1376. The worker shall provide the telephone number of the
ombudsman-citizen aide.

7. The person's right to appeal determinations made by child protective services.

8. Information outlining parental rights under the laws of the state.

B. The child protective services worker shall also inform the person about whom the
report was made about that person's right to respond to the allegations either verbally
or in writing, including any documentation, and to have this information considered in
determining if the child is in need of protective services. The worker shall tell the
person that anything the person says or writes can be used in a court proceeding. If the
person makes a verbal response, the worker shall include the response in the written
report of the investigation. If the person makes a written response, including any
documentation, the worker shall include this response and the documentation in the case
file. Information provided in response to the allegations shall be considered during the
investigation by the worker. The worker shall maintain the response and documentation in
the case file and provide this information to the court before a hearing or trial
relating to the dependency petition.

C. If the family declines to cooperate with the investigation or to accept or to
participate in the offered services, or if the worker otherwise believes that the child
should be adjudicated dependent, the worker may file with the juvenile court a petition
requesting that the child in need of protective services be adjudicated dependent.

D. Refusal to cooperate in the investigation or to participate in the offered
services does not constitute grounds for temporary custody of a child except if there is
a clear necessity for temporary custody as provided in section 8-821.