office of colorado s child protection ombudsman fy 2021 ......stephanie villafuerte, child...

Office of Colorado’s Child Protection Ombudsman

FY 2021-22 Agency Summary and Budget Request

Stephanie Villafuerte, Child Protection Ombudsman

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Agency Overview

Background

The Office of Colorado’s Child Protection Ombudsman (CPO) was established in June 2010, under

Senate Bill 10-171. This legislation provided that the CPO would operate as a program through a

contract with a local non-profit agency, issued and managed by the Colorado Department of

Human Services (CDHS).

Senate Bill 10-171 was passed in response to the child abuse deaths of 12 children in Colorado

all of whom were known to child protection services. The deaths of these children in 2007

sparked an outcry by the public that there be greater oversight, accountability and transparency

of the child protection system in Colorado. The public demanded to know more about how the

systems charged with protecting Colorado’s children were keeping them safe and working to

prevent such tragedies in the future.

Years after the CPO’s creation, legislators determined that the CPO needed independence from

the agencies it was designed to review. So, on June 2, 2015, Senate Bill 15-204, Concerning the

Independent Functioning of the Office of the Child Protection Ombudsman, was signed into law.

This legislation transformed the original “program” into a distinct and independent state agency.

The new, independent CPO opened in 2016.

The concept of an ombudsman dates back hundreds of years and is designed to provide citizens

with an independent, unbiased and trusted intermediary between the public and an entity. In a

similar fashion, the CPO works to provide a clear channel between the citizens of Colorado and

the agencies and providers tasked with protecting children. The CPO is guided by standards set

by organizations such as the United States Ombudsman Association and the American Bar

Association. Using those standards, the CPO serves the public by independently gathering

information, investigating complaints and providing recommendations to child protection

agencies and providers.

To ensure the accountability and transparency of the CPO and the Ombudsman, the legislature

also created the Child Protection Ombudsman Board (CPO Board) in 2015. The CPO Board was

the first of its kind in the nation. By law, the CPO Board is required to oversee the Ombudsman’s

performance and act as an advisory body on strategic direction and outreach decisions by the

CPO.

The CPO is now housed within the Colorado State Judicial Branch and is located at the Ralph L.

Carr Judicial Center in Denver. Colorado’s current Child Protection Ombudsman, Stephanie

Villafuerte, was appointed in December 2015 by the CPO Board. Ombudsman Villafuerte took

office in January 2016.

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Mission

Ensuring that the state’s child protection system consistently provides high-quality services to

every child, family, and community in Colorado.

Vision

Ensuring safety for Colorado’s children today and envisioning a stronger child protection system

for the future.

Major Agency Functions

Role of the CPO

By design, the CPO serves as an independent, neutral problem solver that helps citizens navigate

a complex child protection system in an expert and timely manner. The CPO has independent

access to child protection records that are not otherwise available to the public. This allows the

CPO to objectively assist citizens with concerns, investigate issues affecting the child protection

system, deliver recommendations and drive systemic reform through research and education.

Through objective study the CPO works to improve the delivery of services to children and

families within the child protection system.

Responsibilities of the CPO

The CPO was established pursuant to C.R.S. 19-3.3-101.The CPO receives complaints concerning

actions or inactions by child protection agencies that may adversely impact the safety,

permanency or well-being of a child. Child protection agencies are those that receive public funds

to protect or care for children. This includes law enforcement, mental health agencies, child

welfare services and the Division of Youth Services.

In addition to providing all citizens free and confidential services, the CPO provides citizens and

stakeholders three primary services:

Information and Resources Referral (IRR) – The CPO provides citizens with information,

resources and/or education to help resolve their questions regarding the child protection system.

The CPO will speak with a citizen on the phone to learn more about their concern. CPO staff may

personally connect the caller with a resource that is best suited to address their question.

Assist – This is the most common service provided by the CPO. The CPO works with citizens to

clarify what is happening in their specific case, including processes and actions taken by an agency

or provider. CPO staff will complete an independent review of relevant records, rule and law.

Depending on the complexity and nature of the inquiry, the CPO may contact the

agency/provider involved to gain a better understanding about a specific situation. In some

instances, the CPO may facilitate communication between the caller and the agency involved in

the case with the goal of resolving the problem.

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Investigation – The CPO will open an investigation if it determines a case may result in

recommendations for statutory, budgetary and/or administrative changes to improve the

broader child protection system. A comprehensive, independent study of relevant facts, records,

rules and law will be completed. The CPO will interview all relevant parties and may interview

subject matter experts. For all investigations, the CPO will contact the relevant agency/provider

and release a public investigation report. Since 2016, the CPO has issued four major investigative

reports with recommendations to improve the child protection system. 1

Jurisdiction and Environment

The CPO receives “complaints concerning child protection services made by, or on behalf of, a

child relating to any action, inaction, or decision of any public agency or any provider that receives

public moneys that may adversely affect the safety, permanency, or well-being of a child. The

Ombudsman may, independently and impartially, investigate and seek resolution of such

complaints, which resolution may include but need not be limited to, referring a complaint to the

state department or appropriate agency or entity and making a recommendation for action

relating to a complaint.” See C.R.S. § 19-3.3-103(1)(a)(I)(A).

Some examples of agencies/providers the CPO has jurisdiction to review include human service

agencies, youth corrections, law enforcement, educators, medical professionals and treatment

providers.

Pursuant to C.R.S. § 19-3.3-101 to 110, the CPO does not have the authority to:

Investigate allegations of abuse and/or neglect.

Interfere or intervene in any criminal or civil court proceeding.

Investigate complaints related to judges, magistrates, attorneys or guardians ad litem.

Overturn any court order.

Mandate the reversal of an agency/provider decision.

Offer legal advice.

1 Examples of CPO’s investigative work include the following: CPO Case #2016-2017, Adoption Assistance in Colorado; CPO Issue Brief, Colorado Division of Youth Services’ Rulemaking Process, August 2019; CPO Case #2018-3050, Montezuma County Department of Social Services; CPO Case #2017-2736, El Pueblo Boys and Girls Ranch.

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Recap of Fiscal Year 2019-2020

The CPO continued to expand its services and impact during Fiscal Year 2019-2020. The agency

connected with hundreds of citizens to discuss their individual cases, while simultaneously

expanding its larger public policy and communication initiatives.

Highlights from FY 2019-20include:

(1) Record Number of Cases – FY 2019-20 was a record-breaking year as the CPO opened a

total of 725 cases. This was 150 more cases than the previous fiscal year and a 19 percent

increase from the agency’s previous record of 611 cases. The pandemic resulted in an

increase in cases and the CPO worked diligently to monitor whether child welfare

practices and services throughout the state were impacted by the outbreak of the COVID-

19 virus. In line with years prior, most cases concerned child welfare, mental health and

juvenile justice agencies and/or service providers. Most calls were from parents and

family members of children, however, the CPO was also contacted by medical

professionals, law enforcement agencies, district attorneys’ offices, schools, the

legislature and the child protection legal community.

(2) Letters of Compliance Concern – The CPO continued its practice of issuing letters of

compliance concern to county human services departments when CPO analysts identified

possible violations of state child protection rules and laws. During FY 2019-20 the CPO

issued a total of 53 letters intended to initiate improvements to the state’s child

protection system. The CDHS – which serves as the supervising entity for all the agencies

that received a letter – confirmed 98 percent of the concerns submitted by the CPO.

Concerns routinely centered on compliance with requirements for caseworkers’ monthly

contact with parents, incorrect use of the safety and risk tools, untimely or inadequate

treatment plans and failure to involve and/or notice parents of assessments involving

their children.

(3) Communication and Outreach – During FY 2019-20, the CPO continued its efforts to

ensure that citizens, legislators and stakeholders have uninterrupted access to

information about the CPO, its services and how it connects with clients. Below are some

highlights from the agency’s communication and outreach efforts:

a. Improved CPO Website – CPO launched its redesigned website in April 2020. The

new website is easy for citizens to navigate, engages all communities and provides

the public consistent and timely information. The new website centers on ensuring

visitors have multiple ways to access information and clear guideposts throughout

the site. The CPO’s website now includes:

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o CPO General Information Video: This short video provides the public with a broad, engaging overview of the agency and the services the CPO provides. (Click HERE to view the video.)

o CPO Special Initiatives Page: This page captures all the CPO’s Special Initiatives projects and serves as one-stop for those looking for reports or information about ongoing projects. (Click HERE to view the page.)

o Spanish Complaint Form and Translation Services: To make it easier for all Coloradans to connect with the CPO, the agency added translation services to the website, as well as a Spanish complaint form. (Click HERE to view the Spanish complaint form.)

b. Youth and Parent Outreach – The CPO developed one-pagers, posters and a

webpage designed to communicate with youth and parents. Specifically, the CPO

designed and printed one-pager flyers and posters for youth living in DYS youth

centers, as well as youth living in out-of-home placements. These materials – which

were designed with youth in mind – detail how the CPO may help them and how the

agency will connect with them. Additionally, the CPO developed a one-page flyer

specifically for parents of youth living in out-of-home placements or youth living in

DYS youth centers. All these materials are also available in Spanish. The youth and

parent one-page flyers are available for download on the CPO’s website.

o Click HERE to access the CPO’s youth one-page flyer. (English) o Click HERE to access the CPO’s youth one-page flyer. (Spanish) o Click HERE to access the CPO’s parent one-page flyer. (English) o Click HERE to access the CPO’s parent one-page flyer. (Spanish)

c. New Outreach Collateral – The CPO also worked to develop and print updated

collateral – including a new general one-page flyer and rack card – that details the

CPO’s services and how the agency helps clients across Colorado resolve their

questions and concerns about the child protection system.

o Click HERE to access the CPO’s general one-page flyer. (English) o Click HERE to access the CPO’s general one-page flyer. (Spanish)

(4) Child Fatality Special Initiative – In February 2020, the CPO announced its child fatality

review special initiative. Between 2015 and 2018, 131 children died of abuse and/or

neglect in Colorado. Since becoming an independent agency, the CPO has heard from a

variety of agencies, including child welfare agencies, medical professionals and law

enforcement. All are concerned that the current systems designed to reduce such

fatalities are not doing enough. They’re concerned the systems charged with protecting

children continue unchanged after a child dies of abuse or neglect. In fact, the average

number of child deaths each year has remained largely consistent since 2015.

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Additionally, under Colorado’s current legal framework, not all children who die of abuse

or neglect have their deaths reviewed. Of the 131 deaths between 2015 and 2018, only

46 percent underwent a case-specific review.

There are multiple public entities charged with reviewing child fatalities in Colorado.

There is not, however, a single entity responsible for reviewing all child abuse and neglect

fatalities, implementing standard protocols for notifying agencies of lapses, issuing

recommendations for improvements and ensuring those changes are made. The CPO’s

goal is to create the framework necessary to create such a review and – ultimately –

improve the effectiveness of child fatality reviews in Colorado.

The CPO has continued to study and review these reviews and will launch its first issue

brief during the fall of 2020.2

(5) Adoption Assistance Special Initiative – After a months-long investigation, the CPO

released a report regarding Colorado’s adoption assistance program. 3 The CPO found that

the program was being administered inconsistently across Colorado and, as a result, not

all children had equitable access and consideration for the services. Since the release of

the CPO’s report, the CPO has continued to work with stakeholder partners to ensure that

the 14 recommendations issued in the report are implemented. During the past fiscal

year, the CPO worked with the CDHS to co-facilitate stakeholder meetings regarding the

regulations that will guide caseworkers handling adoption assistance cases. The agency

co-facilitated six teleconferences – attended by more than 80 stakeholders – and

coordinated testimony at the State Board of Human Services. Ultimately, the CPO helped

ensure that the new regulations accurately reflect the new state law and federal

requirements. The agency will continue these efforts during the next fiscal year.

(6) Responding to the Pandemic – In addition to providing citizens one-on-one services

during the pandemic, the CPO also engaged in several broader projects to ensure the

ongoing safety and well-being of Colorado’s children. Those projects include:

Prioritizing Child Protection Workers During COVID-19 – Following the spread of

COVID-19 throughout Colorado, the CPO quickly learned that child protection

workers that respond to reports of child abuse and neglect were without personal

protective equipment. Often entering families’ homes at their own risk due to state

and federal mandates to provide services to children and their families, they have

faced potential COVID-19 exposure. In an issue brief published in April 2020, the

CPO made a call for these critical employees to be prioritized as first responders so

they get the equipment they need to protect themselves, and thus, are able to

2 See CPO’s 2020 Special Initiatives Agenda, February 2020 3 See CPO Case #2016-2017, Adoption Assistance in Colorado

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continue protecting Colorado’s children.4 The CPO also helped to locate and

distribute hand sanitizer and face coverings to dozens of county departments across

Colorado.

Toolkit for Educators – During April 2020, the CPO worked with teachers, education

advocates, the Colorado Department of Education and the CDHS to develop a toolkit

that helps teachers get a better sense of their students’ safety during remote

learning sessions. The toolkit provides educators information about the signs of

child abuse and neglect, how to make reports to the hotline and provides educators

examples of activities they can lead during remote learning sessions to assess the

wellbeing of their students. The toolkit was published on the Colorado Child Abuse

and Neglect Hotline’s website and was shared broadly via social media.

These and many other accomplishments are highlighted in the CPO’s FY 2019-20 Annual Report.5

Going Forward

As is required under the Smart Measurement for Accountable, Responsive and Transparent Government Reports Act (SMART Act C.R.S. 2-7-204), the CPO submitted its Fiscal Year 2020-2021 Performance Plan (Plan) to Gov. Jared Polis on June 29, 2020, and the Plan was posted online on July 1, 2020.6 The Plan contains the CPO’s strategic goals for the upcoming year. These include expanding communication and engagement efforts, efficiently managing caseloads and research and establishing the CPO as a leader in respect to understanding child protection issues and best practices. Additionally, the Plan lists the specific strategies, processes, activities and metrics the CPO is using to help achieve these strategic goals. These efforts include monitoring demographic data to help expand services to youth populations that are overrepresented in the child protection system, including Black, Indigenous, Latino and youth of color.

Budget Status FY 2020-2021

In June 2020, the CPO reverted $47,332 to the General Fund from its program line. The factors

that contributed to this were changes in staffing levels throughout the year which created

vacancy savings. Specifically, the CPO was unable to fill two Child Protection System’s Analyst

positions for three months, February 2020 through April 2020. This is the amount of time that it

took to recruit, post and hire for these positions. Additionally, the proliferation of the COVID-19

virus during this time slowed down what is normally a more expeditious process. This resulted in

several months of vacancy savings for these positions.

4 See CPO Issue Brief, Prioritizing Child Protection Workers, April 2020 5 See Appendix 1, Office of Colorado’s Child Protection Ombudsman Annual Report 2019-2020 6 See Appendix 2, Office of Colorado’s Child Protection Ombudsman Fiscal Year 2020-21 SMART Act Performance Plan

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Budget Targets

OSPB FY 2021-22 Budget Targets On May 28, 2020, the Office of State Planning and Budget (OSPB) issued the FY 2021-22 Submission Manual for Operational, Capital and Information Technology Requests (Submission Manual). This FY 2021-22 Submission Manual is issued pursuant to C.R.S. § 24-37-302 and serves as the standard guideline for agencies in the executive, judicial and legislative branches for development of their FY 2021-22 budget requests. This year, due to the COVID-19 crisis and the resulting economic disruption, economic forecasts show that the state budget will need to be significantly reduced for several years in order to balance the state budget while at the same time providing citizens with much needed services. As such, the Submission Manual recommends that all state agencies propose a 10 percent reduction in General Funds and Total Funds. The CPO is an independent state agency housed in the Colorado State Judicial Department. Despite being legally separate from the other three branches of government, the CPO takes the guidance provided by the OSPB seriously and is committed to being part of the solution needed to balance the state budget. This document reflects the CPO’s efforts to assist the state in reducing overall government expenditures while at the same time maintaining services that the agency is required to provide to Colorado citizens pursuant to the CPO’s enabling statute C.R.S. § 19-3.3-101 to 103.

Reductions, Proposed Reductions and Scenarios

Reductions to the CPO’s FY 2020-21 Budget

The CPO’s budget for FY 2019-20 was $990,918. For FY 2020-21 the CPO requested an

additional $77,749 in funding for employee salary increases, continuing education and

communications efforts to promote the services of the agency statewide.7 These increases

were granted but were ultimately eliminated due to the economic downtown that resulted

from the COVID-19 virus and the need for the Colorado Joint Budget Committee to cut all

newly proposed spending. In addition to losing this funding, the CPO was asked in May 2020

to find additional money to cut from its budget. As such, the CPO reduced its budget by

$29,286 – 3 percent – reducing the total agency budget in FY 2020-21 from $990,918 to

$961,637. To achieve this savings the CPO evaluated every contract and expenditure of the

agency. The CPO was able to reduce its operating expenditures and personnel services line.

The following is a breakdown of these reductions.

(1) FY 2020-21 Reduction ONE – Staff Reduction

7 See CPO FY 2020-21 Agency Summary and Budget Request

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Total savings = $19,000

Reduction: Client Services Analyst – Division of Youth Services will be filled at .8 FTE.

Rationale: The CPO has a total of 8 FTE. Five of the eight positions are required to respond directly to citizens who have concerns about the safety and well-being of children. This specific position is responsible for responding to all calls from citizens who are concerned about a child residing in a Division of Youth Services (DYS) youth center. This position was reduced because it currently handles fewer citizen complaints than the CPO’s other analysts who handle concerns about children in the child welfare system.

(2) FY 2020-21 Reduction TWO – Operating Expenses

Total savings = $10,000

a. Information Technology Contracts

Reduction: Eliminated unnecessary database subscriptions by requiring staff to share software licenses and negotiated a less expensive IT maintenance contract.

b. Office Supplies Reduction: Reduced day-to-day costs by reducing printing and photocopy expenses and increased agency use of virtual technology.

c. Conferences and Continuing Education

Reduction: Eliminated all training for staff including new ombudsman training which is mandatory for all incoming members.

d. CPO Board Meeting Expenses Reduction: Cut all expenses for board meetings and the one mandated out-of-town board meeting. Virtual meetings will allow the agency to continue to host all meetings with significantly lower expenses.

These reductions represent the funding decrease the CPO was able to cut from its operating budget without impacting the CPO’s ability to serve the public. Any additional budget reductions would require the elimination of core operating expenses, including discontinuing our internet and phone service and reducing the licenses for the agency’s web-based database – the CPO’s only case management system. Any reduction in licenses will require the CPO to share licenses and impact the integrity of the agency’s data. As a result, the only remaining area for the CPO to achieve savings is through its personnel line item.

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FY 2021-22 Decision Item

November 1, 2020

Proposed Reductions to the CPO’s FY 2021-22 Budget

Operations and Caseloads

The CPO was established to serve as an oversight agency for all agencies that receive public

funds to ensure the protection, permanency and well-being of Colorado’s children. To do this,

the CPO must be responsive to citizens’ concerns, many of which involve a child’s immediate

safety and well-being. At a minimum, the CPO’s duties include:

Provide citizens free and confidential services.

Help citizens navigate the child protection system and direct them towards needed services and resources.

Objectively research, review and investigate individual and systemic concerns about the delivery of services to children and families within the child protection system.

Illuminate the strengths and weaknesses within the child protection system that are directly impacting the safety, permanency and well-being of children and families.

Make recommendations to the public, child protection agency/provider, the General Assembly and the Governor that help reform and improve outcomes for children and families.

Citizens’ concerns involve a variety of entities, including child welfare services, law enforcement, behavioral health and the DYS. The CPO may work with state and local entities to resolve a case. Analysts must collect all relevant information from a citizen and review third-party resources that may provide context for the case. These sources may include the statewide child welfare database, law enforcement records and the state court databases. Using this information, analysts will review the citizens concern

Summary of Incremental Funding Change for FY22 Total Funds General Fund Cash Funds

General

Fund

FTE

Cash

Fund

FTE

TOTAL REQUEST (All Lines) (18,000)$ (18,000)$ -$ 0.0 0.0

Total Program: (18,000)$ (18,000)$ -$ 0.0 0.0

Office of the Child Protection Ombudsman

Program Costs (18,000)$ (18,000)$ -$ 0.0 0.0

Department Priority: Decision Item #1

Request Title: Office of Colorado’s Child Protection Ombudsman

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and determine which CPO services is most appropriate. This may include connecting citizens with needed resources, helping to resolve issues in communication and or notifying agencies when the CPO is concerned that law and rules were not followed.

Current CPO Caseload

The CPO exists to serve the public and address their urgent concerns. Citizens typically

call the CPO when they need to speak to someone immediately and have been unable to

receive answers to their questions through traditional grievance mechanisms. When a

citizen calls the CPO, they typically need someone to answer their questions about a child

protection concern in a timely manner. The complaints brought to the CPO’s attention

continue to increase in quantity and expand in complexity.

Increase in CPO Cases

Since its inception, the CPO has seen a steady increase in the number of cases it receives.

Citizens’ calls and complaints drive 100% of the CPO caseload. The below chart shows an

increase in the CPO caseload over the past four fiscal years.

The COVID-19 pandemic brought – and continues to bring – innumerable changes to

nearly every facet of everyday life, and child protection is no exception. Since March 2020,

CPO caseloads went up 19%. At the onset of the pandemic, the CPO received calls from

parents who were concerned that they were no longer able to visit their children in-

person. Parents were understandably worried about the impact this would have on their

bond with their children, as well as their ability to have their children returned to their

care. Additionally, the CPO discovered that for about two to three weeks in March 2020,

a large county human services department was not responding to all reports of child

abuse/neglect in which the children were not considered to be in imminent danger, yet

498

611

575

725

F Y 2 0 1 6 - 1 7

F Y 2 0 1 7 - 1 8

F Y 2 0 1 8 - 1 9

F Y 2 0 1 9 - 2 0

TOTAL # OF CASES OVER THE LAST 4 F ISCAL YEARS

# of Cases

Since FY 2016-17, cases have increased by 46%

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were still at risk for abuse/neglect. This concern resulted in 113 CPO cases, each of which

had to be reviewed in detail by an analyst to determine if there were any concerns about

the child’s safety.

Other concerns the CPO has heard, and continues to hear, regarding COVID-19 include:

o Delays for mental health, substance abuse and other court-ordered treatment for

both parents and children.

o Lack of visits for biological parents.

o Concerns regarding youth in the Division of Youth Services System, including lack

of family contact and educational programming.

It has been important for the CPO to respond to these concerns quickly in order to help

families and the public navigate the already complex child protection system during such

an uncertain and trying time.

Additionally, the influx of cases does not show signs of slowing.

During the past six months, the CPO has seen a 31% increase in the number of cases,

compared to the same six months during the prior year. The below chart illustrates this

increase in calls.

Complexity of CPO Cases

In addition to the increased quantity of cases, there is an increase in the complexity of

cases that the agency has received. This is evidenced by the CPO’s Client Services team

fielding a growing number of nuanced and intricate questions and concerns. After initially

49 4457

154

4667

44 5663 6146

62

305

444

2 0 1 9 2 0 2 0

2019 VS . 2020

CASES PER MONTH BETWEEN APRIL AND SEPTEMBER

April May June July August September Total

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speaking with a client, it is common that the analyst will need to do immediate research

into the concerns to see if further action needs to be taken right away.

For example, a concerned mother called the CPO stating that her son had been removed

from her home by law enforcement and a caseworker, but they did not have court

paperwork, and she had not been in contact with her son since he was removed from her

home. Upon immediate research, the analyst did not see any record of the child being

removed from the home or of any report called into the Child Abuse/Neglect Hotline. The

analyst contacted the director of Human Services’ who was able to provide context

regarding the removal and ensure that the child was safe with his father.

Other examples of the CPO’s complex and urgent cases include:

o A current county department caseworker who was concerned that other caseworkers in the agency were not completing timely or accurate assessments of child safety.

o Community members concerned that children were consistently running away from a residential child care facility which resulted in one fatality and injuries to other children.

o A grandmother who was concerned that her granddaughter’s mother was using drugs, refusing to take a drug test and that the caseworker was allowing the child to stay in the mother’s care.

o A mother who was concerned that the county department was allowing her young children to visit their father in a home where there were reports of alleged sex abuse.

o A youth who was concerned that she was being imminently moved from her potential adoptive home, and she did not understand why.

These complicated cases require CPO analysts to have years of child protection

knowledge and expertise. The agency’s analysts are also required to work quickly and

thoroughly, in order to ensure child safety.

The complexity of CPO cases is best illustrated, however, by the increased number of compliance concern letters issued by the CPO to outside agencies. If during a review, a CPO analyst identifies that an agency is not practicing in compliance with state law or regulations, analysts will issue a compliance concern letter to notify the agency of the identified practice concerns. The goal of the letter is to inform agencies of concerns and that the agency will remedy their practices to ensure child safety. In FY 2018-19, the CPO wrote 11 compliance concern letters to county departments. In FY 2019-20, this number increased to 53 letters. These letters are labor intensive, requiring analysts to spend nearly eight hours researching, drafting and submitting each letter.

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Lastly, in addition, to the compliance concern letters, the CPO continues to investigate and make recommendations to improve large child protection systems.8 Most recently the CPO has begun work on reform of Colorado’s child fatality review system and will be producing an issue brief in the fall of 2020. The brief will outline the current inadequacies of how child maltreatment deaths are studied in Colorado and how that data could be used to prevent such deaths in the future.9

Proposed Budget Reductions

It is against this backdrop that the CPO must analyze its budget to find additional savings that

will meet the recommended 10% reduction guidelines contained in the Submission Manual.

As stated above on pages 8-10, the CPO cannot cut any additional operating expenses without

eliminating the agency’s infrastructure and tools that allows it to respond to Colorado

citizens. The only remaining way the CPO can achieve additional budget savings is to initiate

furlough days for its employees. In normal budget times, when the state budget is fiscally

healthy, the CPO would be requesting additional money, not less, to address the agency’s

growing and complex caseloads. However, the state budget is not sound and, as such, the

CPO must consider its ability to serve Colorado citizens’ urgent concerns, while at the same

time contribute to lessening Colorado’s fiscal deficit.

(1) FY 2021-22 Reduction Proposal ONE – Reduction in Program Costs Line Item Reduction: $18,000 (2%) Rationale: A thorough review of the CPO’s caseloads reveals that the agency has

no ability to meet a 10% reduction and still serve Colorado citizens effectively. As

such the CPO has developed a proposed 2% cut to the agency’s personnel services

line. This reduction may require each of the CPO’s 8 employees to take 6 furlough

days in FY 2021-22 to meet the reduced appropriation.

This reduction would be in addition to the 3% reduction to the CPO’s budget that

occurred in FY 2020-21, resulting in a total of 5% – $47,286 – decrease in the

agency’s total budget. This would leave the agency with a FY 2021-22 annual

budget of $943,637, excluding any common policy adjustments, as compared to

its FY 2019-20 annual budget of $990,918.

8 See CPO Case #2016-2017, Adoption Assistance in Colorado; CPO Case #2018-3050, Montezuma County Department of Social Services; CPO Case #2017-2736, El Pueblo Boys and Girls Ranch. 9 See CPO’s 2020 Special Initiatives Agenda, February 2020

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Consequence of additional 2% Personnel Services Line Item Reduction:

The CPO will have to expand or lengthen the amount of time it takes for the

agency’s Client Services Team to return citizen calls and process their complaints.

The CPO currently responds to each citizen, personally, within 48 business hours.

Once contact is made with a citizen, the CPO gives each citizen individualized

attention, providing citizens with the time needed to assert their concerns and

then assisting them to resolve their problems. The CPO will also have to institute

a new response time and a new screening and intake process that will require the

agency to triage and prioritize calls. This will ensure that the most egregious child

safety concerns are heard first and that they are handled in a timely manner.

Consequence of no additional budget reductions:

The CPO will maintain its existing service levels and response times to citizens.

Total Budget Reduction: FY 2020-21 and FY 2021-22

The total reduction to the CPO’s budget would look as follows:

(1) FY 20-21 Budget Reduction in Staff and Operating Expenses (Completed) Savings: $29,286 = 3%

(2) FY 2021-22 Budget Reduction in Personnel Services Line Item (Pending) Savings: $18,000 = 2%

Conclusion The CPO respectfully submits this budget reduction proposal to assist the state in balancing the

FY 2021-22 budget. We are proud to serve Colorado families and children and will continue to

provide the highest level of service possible to help them navigate and receive quality services

from the child protection system. Additionally, we will continue to fulfill our ongoing charge to

educate and inform the community on system gaps and variances in Colorado’s child protection

system with the goal of improving the overall system for the better.

FY 2021-22 Budget Request - Office of the Child Protection Ombudsman

Total Funds FTE General Fund Cash Funds Reappropriated Federal

J $925,088 8.0 $925,088 - - -

$925,088 8.0 $925,088 - - -

J $943,586 8.0 $943,586 - - -

$943,586 8.0 $943,586 - - -

J $961,637 8.0 $961,637 - - -

$961,637 8.0 $961,637 - - -

J $944,683 8.0 $944,683 - - -

$944,683 8.0 $944,683 - - - Total For: FY 2021-22 Elected Official Request

Schedule 02

09. Office of the Child Protection Ombudsman

Total For: FY 2020-21 Initial Appropriation

FY 2021-22 Elected Official Request


FY 2020-21 Initial Appropriation


Total For: FY 2019-20 Actual Expenditures


Total For: FY 2018-19 Actual Expenditures

FY 2019-20 Actual Expenditures



FY 2018-19 Actual Expenditures Total Funds FTE General Fund Cash Funds

Reappropriated

Funds

Federal

Funds

$1,011,267 8.0 $1,011,267 - - -

($30,870) - ($30,870) - - -

$980,397 8.0 $980,397 - - -

$980,397 8.0 $980,397 - - -

$911,457 - $911,457 - - -

$68,940 8.0 $68,940 - - -

$808,279 8.0 $808,279 - - -

$103,178 - $103,178 - - -

$13,631 - $13,631 - - -

$13,631 - $13,631 - - -

$13,631 - $13,631 - - -

$13,631 - $13,631 - - -

- - - - - -

$13,631 - $13,631 - - -

Total 09. Office of the Child Protection Ombudsman

$994,028 8.0 $994,028 - - -

$994,028 8.0 $994,028 - - -

$925,088 8.0 $925,088 - - -

$68,940 8.0 $68,940 - - -

FY 2018-19 Reversion (Overexpenditure)

FY 2018-19 Total All Other Operating Allocation


FY 2018-19 Final Appropriation

FY 2018-19 Final Expenditure Authority


Legal Services

HB18-1322 FY 2018-19 Long Appropriation Act







FY 2018-19 Personal Services Allocation


Schedule 3A

Program Costs

HB18-1322 FY 2018-19 Long Appropriation Act

Suppl Approp Dept Judicial



FY 2019-20 Actual Expenditures Total Funds FTE General Fund Cash Funds

Reappropriated

Funds

Federal

Funds

$990,918 8.0 $990,918 - - -

$990,918 8.0 $990,918 - - -

$990,918 8.0 $990,918 - - -

$943,586 8.0 $943,586 - - -

$47,332 - $47,332 - - -

$819,032 8.0 $819,032 - - -

$124,555 0 $124,555 - - -


$990,918 8.0 $990,918 - - -

$990,918 8.0 $990,918 - - -

$943,586 8.0 $943,586 - - -

$47,332 - $47,332 - - -








SB 19-207 FY 2019-20 Long Bill




Schedule 3B

Program Costs


FY 2020-21 Initial Appropriation Total Funds FTE General Fund Cash Funds

Reappropriated

Funds

Federal

Funds

Program Costs

$961,637 8.0 $961,637 - - -

2020-21 Initial Appropriation $961,637 8.0 $961,637 - - -


$961,637 8.0 $961,637 - - -

$961,637 8.0 $961,637 - - -

$884,649 8.0 $884,649 - - -

$76,988 0.0 $76,988 - - -

Schedule 3C



HB 20-1360 FY 2020-21 Long Bill

2020-21 Initial Appropriation

HB 20-1360 FY 2020-21 Long Bill

Total Funds FTE General Fund Cash Funds

Reappropriated

Funds

Federal

Funds

Program Costs

$961,637 8.0 $961,637 - - -

$861 - $861 - - -

$185 - $185 - - -

$962,683 8.0 $962,683 - - -

($18,000) - ($18,000) - - -

$944,683 8.0 $944,683 - - -

$867,695 8.0 $867,695 - - -

$76,988 - $76,988 - - -


$961,637 8.0 $961,637 - - -

$861 - $861 - - -

$185 - $185 - - -

$962,683 8.0 $962,683 - - -

($18,000) - ($18,000) - - -

$944,683 8.0 $944,683 - - -

$867,695 8.0 $867,695 - - -

$76,988 - $76,988 - - - Total All Other Operating Allocation

FY 2020-21 Starting Base

OCPO TA-01 Common Policy Adjustments

OCPO TA-02 Pera Incremental Adjustment

FY 2021-22 Base Request

OCPO DI-01 Base Reductions


Personal Services Allocation

09. Office of the Child Protection Ombudsman Schedule 3D

FY 2021-22 Budget Request

Total All Other Operating Allocation

FY 2020-21 Starting Base

OCPO TA-01 Common Policy Adjustments

OCPO TA-02 Pera Incremental Adjustment

FY 2021-22 Base Request

OCPO DI-01 Base Reductions


Personal Services Allocation

Expenditure FTE Expenditure FTE Expenditure FTE Expenditure FTE

Program Costs

Object Group Object Group Name

FTE Total FTE 8.0 8.0 8.0 8.0

1000 Total Employee Wages and Benefits $737,772 $746,746 $884,649 $867,695

Object Code Object Name

1000 Personal Services - - $884,649 $867,695

1110 Regular Full-Time Wages - ($2,828) - - -

1121 Temporary Part-Time Wages $8,748 $17,100 - - -

1210 Contractual Employee Regular Full-Time Wages $469,673 $455,296 - - -

1211 Contractual Employee Regular Part-Time Wages $60,681 $66,306 - - -

1230 Contractual Employee Overtime Wages - $6,533 - - -

1240 Contractual Employee Annual Leave Payments $3,317 $7,721 - - -

1300 Other Employee Wages $18,000 - - - -

1510 Dental Insurance $2,724 $2,818 - - -

1511 Health Insurance $60,206 $66,245 - - -

1512 Life Insurance $719 $576 - - -

1513 Short-Term Disability $785 $770 - - -

1520 FICA-Medicare Contribution $7,792 $7,714 - - -

1521 Other Retirement Plans $11,968 $12,764 - - -

1522 PERA $40,710 $42,363 - - -

1524 PERA - AED $25,950 $26,608 - - -

1525 PERA - SAED $25,950 $26,608 - - -

1532 Unemployment Compensation - $8,354 - - -

1622 Contractual Employee PERA - $611 - - -

Schedule 14B

FY 2018-19 Actual FY 2019-20 Actual FY 2020-21 Appropriation FY 2021-22 Gov Req

Line Item Object Code Detail


Personal Services - Employees


Schedule 14B



1624 Contractual Employee Pera AED - $294 - - -

1625 Contractual Employee Pera - Supplemental AED - $294 - - -

1630 Contractual Employee Other Employee Benefits $550 $600 - - -


1100 Total Contract Services (Purchased Personal Services) $70,507 $72,286 - -


1920 Personal Services - Professional $70,507 $72,286 - -

$808,279 8.0 $819,032 8.0 $884,649 8.0 $867,695 8.0


2000 Total Operating Expenses $89,581 $118,959 $76,988 $76,988

3000 Total Travel Expenses $13,597 $5,595 - -


2000 Operating Expense - - $76,988 $76,988

2160 Other Cleaning Services - $1,452 - -

2231 Information Technology Maintenance $2 $57 - -

2253 Rental of Equipment $3,811 $3,815 - -

2255 Rental of Buildings - $293 - -

2258 Parking Fees - $209 - -

2510 In-State Travel $1,744 $538 - -

2511 In-State Common Carrier Fares $635 $345 - -

2512 In-State Personal Travel Per Diem $399 $118 - -

2513 In-State Personal Vehicle Reimbursement $1,120 $399 - -

2520 In-State Travel/Non-Employee $1,429 $589 - -

All Other Operating Expenditures

Personal Services - Contract Services

Subtotal All Personal Services


Schedule 14B



2522 In-State/Non-Employee - Personal Per Diem $267 - - -

2523 In-State/Non-Employee - Personal Vehicle Reimbursement $892 - - -

2530 Out-Of-State Travel $4,238 $1,817 - -

2531 Out-Of-State Common Carrier Fares $2,252 $1,358 - -

2532 Out-Of-State Personal Travel Per Diem $601 $430 - -

2542 Out-of-State/Non-Employee - Personal Per Diem $22 - - -

2610 Advertising And Marketing $1,050 $1,740 - -

2631 Communication Charges - Office Of Information Technology $16,359 $9,056 - -

2641 Other Automated Data Processing Billings-Purchased Services $1,425 $9,861 - -

2680 Printing And Reproduction Services $588 $2,894 - -

2820 Purchased Services $15,675 $50,405 - -

3110 Supplies & Materials $615 $1,042 - -

3118 Food and Food Service Supplies $1,786 $1,872 - -

3120 Books/Periodicals/Subscriptions $11,764 $19,408 - -

3121 Office Supplies $2,901 $10,264 - -

3123 Postage $113 $60 - -

3132 Noncapitalizable Furniture And Office Systems $17,273 $700 - -

3140 Noncapitalizable Information Technology $8,254 $876 - -

4100 Other Operating Expenses - $600 - -

4140 Dues And Memberships $1,229 $2,096 - -

4220 Registration Fees $6,735 $2,260 - -

$103,178 $124,555 $76,988 $76,988

$911,457 8.0 $943,586 8.0 $961,637 8.0 $944,683 8.0

Subtotal All Other Operating

Total Line Item Expenditures


Schedule 14B




2000 Total Operating Expenses $13,631 - - -


2690 Legal Services $13,631 - - -

$13,631 - - -

$13,631 - - - - - - -

All Other Operating Expenditures

Subtotal All Other Operating

Total Line Item Expenditures

TOTAL FUNDS/FTE FY 2021-22 GENERAL FUND CASH FUNDSREAPPROPRIATED

FUNDSFEDERAL FUNDS

I. Continuation Salary Base

Sum of Filled FTE as of July 27, 2020 8.00 100.000% 0.000% 0.000% 0.000%

Salary X 12 $633,032 633,032 - - -

PERA (Standard, Trooper, and Judicial Rates) at FY 2021-22 PERA Rates $69,001 69,001 - - -

Medicare @ 1.45% $9,179 9,179 - - -

Subtotal Continuation Salary Base = $711,212 711,212 - - -

II. Salary Survey Adjustments

System Maintenance Studies $0.00 $0.00 $0.00 $0.00 $0.00

Across the Board - Base Adjustment $0.00 $0.00 $0.00 $0.00 $0.00

Across the Board - Non-Base Adjustment $0.00 $0.00 $0.00 $0.00 $0.00

Movement to Minimum - Base Adjustment $0.00 $0.00 $0.00 $0.00 $0.00

Subtotal - Salary Survey Adjustments $0 $0.00 $0.00 $0.00 $0.00

PERA (Standard, Trooper, and Judicial Rates) at FY 2021-22 PERA Rates $0 - - - -

Medicare @ 1.45% $0 - - - -

Request Subtotal = $0 $0.00 $0.00 $0.00 $0.00

III. Increase for Minimum Wage (if applicable)

Increase for Minimum Wage - $0.00 $0.00 $0.00 $0.00

Subtotal - Minimum Wage Adjustments - $0.00 $0.00 $0.00 $0.00

PERA (Standard, Trooper, and Judicial Rates) at FY 2021-22 PERA Rates $0 $0.00 $0.00 $0.00 $0.00

Medicare @ 1.45% $0 - - - -


IV. Merit Pay Adjustments

Merit Pay - Base Adjustments $0 $0.00 $0.00 $0.00 $0.00

Merit Pay - Non-Base Adjustments $0 $0.00 $0.00 $0.00 $0.00

Subtotal - Merit Pay Adjustments $0.00 $0.00 $0.00 $0.00 $0.00

PERA (Standard, Trooper, and Judicial Rates) at FY 2021-22 PERA Rates $0 - - - -

Medicare @ 1.45% $0 - - - -


V. Shift Differential

FY 2019-20 ACTUAL EXPENDITURES for All Occupational Groups $0

Total Actual and Adjustments @ 100% $0 - - - -

PERA (Standard, Trooper, and Judicial Rates) at Current PERA Rates $0 - - - -

Medicare @ 1.45% $0 - - - -

Request Subtotal = $0 - - - -

VI. Revised Salary Basis for Remaining Request Subtotals

Total Continuation Salary Base, Adjustments, Performance Pay & Shift $633,032 633,032 - - -

VII. Amortization Equalization Disbursement (AED)

Revised Salary Basis * 5.00% $31,652 31,652 - - -

VIII. Supplemental AED (SAED)


IX. Short-term Disability


X. Health, Life, and Dental

Funding Request $108,814 $108,814.00 $0.00 $0.00 $0.00

Additional Appropriations Needed for SB18-200 Changes $185 $185 $0 $0 $0

OCPO Salary Pots Request Template

FUND SPLITS - From Position-by-Position Tab

Page 1 of 1

OCPO Salary Pots Request

Common Policy Line Item

FY 2020-21

Appropriation GF CF RF FFSalary Survey $0 $0Merit Pay $0 $0Shift $0 $0AED $32,426 $32,426SAED $32,426 $32,426Short-term Disability $1,102 $1,102Health, Life and Dental $106,316 $106,316TOTAL $172,270 $172,270 $0 $0 $0


FY 2021-22

Total Request GF CF RF FFSalary Survey $0 $0 $0 $0 $0Merit Pay $0 $0 $0 $0 $0Shift $0 $0 $0 $0 $0AED $31,652 $31,652 $0 $0 $0SAED $31,652 $31,652 $0 $0 $0Short-term Disability $1,013 $1,013 $0 $0 $0Health, Life and Dental $108,814 $108,814 $0 $0 $0TOTAL $173,131 $173,131 $0 $0 $0


FY 2021-22

Incremental GF CF RF FFSalary Survey $0 $0 $0 $0 $0Merit Pay $0 $0 $0 $0 $0Shift $0 $0 $0 $0 $0AED -$774 -$774 $0 $0 $0SAED -$774 -$774 $0 $0 $0Short-term Disability -$89 -$89 $0 $0 $0Health, Life and Dental $2,498 $2,498 $0 $0 $0TOTAL $861 $861 $0 $0 $0

Office of the Child Protection Ombudsman FTE Detail

Object Code 1110,1121,1130,1210,1211, 1230 Total Funds FTE Total Funds FTE

Position Detail:

Ombudsman (pos. #85001) 127,432 1.0 131,254 1.0

Deputy Ombudsman (pos. #85002) 65,720 1.0 100,522 1.0

Child Welfare Analyst (pos. #85006) 61,650 1.0 35,510 1.0





Adminstrative Assistant (pos. #85003) 63,738 1.0 73,213 1.0

Contract Employee (pos. #95001) 8,748 0.0 17,100 0.0

Total Full-Time/Part-Time Wages 539,101 8.0 542,406 8.0

FY2018-19 FY2019-20

____________________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________

720.625.8640 1300 BROADWAY, SUITE 430, DENVER, CO 80203 COLORADOCPO.ORG

Office of Colorado’s Child Protection Ombudsman: Long-Range Financial Plan

November 1, 2020

1. Introduction to the CPO

Background

The Office of Colorado’s Child Protection Ombudsman (CPO) was established in June 2010, under

Senate Bill 10-171. This legislation provided that the CPO would operate as a program through a

contract with a local non-profit agency, issued and managed by the Colorado Department of

Human Services (CDHS).

Senate Bill 10-171 was passed in response to the deaths of 12 children in Colorado who were

known to child protection services. The deaths of these children in 2007 sparked an outcry by the

public that there be greater oversight, accountability and transparency of the child protection

system in Colorado. The public demanded to know more about how the systems charged with

protecting Colorado’s children were keeping them safe and working to prevent such tragedies in

the future.

Years after the CPO’s creation, legislators determined that the CPO needed independence from

the agencies it was designed to review. So, on June 2, 2015, Senate Bill 15-204, Concerning the

Independent Functioning of the Office of the Child Protection Ombudsman, was signed into law.

This legislation transformed the original “program” into a distinct and independent state agency.

The new, independent CPO opened in 2016.

The concept of an ombudsman dates back hundreds of years and is designed to provide citizens

with an independent, unbiased and trusted intermediary between the public and an entity. In a

similar fashion, the CPO works to provide a clear channel between the citizens of Colorado and

the agencies and providers tasked with protecting children. The CPO is guided by standards set

by organizations such as the United States Ombudsman Association and the American Bar

Association. Using those standards, the CPO serves the public by independently gathering

information, investigating complaints and providing recommendations to child protection

agencies and providers.

2

To ensure the accountability and transparency of the CPO and the Ombudsman, the legislature

also created the Child Protection Ombudsman Board (CPO Board) in 2015. The CPO Board was

the first of its kind in the nation. By law, the CPO Board is required to oversee the Ombudsman’s

performance and act as an advisory body on strategic direction and outreach decisions by the

CPO.

The CPO is now housed within the Colorado State Judicial Branch and is located at the Ralph L.

Carr Judicial Center in Denver. Colorado’s current Child Protection Ombudsman, Stephanie

Villafuerte, was appointed in December 2015 by the CPO Board. Ombudsman Villafuerte took

office in January 2016.

Mission

Ensuring that the state’s child protection system consistently provides high-quality services to

every child, family, and community in Colorado.

Vision

Ensuring safety for Colorado’s children today and envisioning a stronger child protection system

for the future.


Role of the CPO

By design, the CPO serves as an independent, neutral problem solver that helps citizens navigate

a complex child protection system in an expert and timely manner. The CPO has independent

access to child protection records that are not otherwise available to the public. This allows the

CPO to objectively assist citizens with concerns, investigate issues affecting the child protection

system, deliver recommendations and drive systemic reform through research and education.

Through objective study the CPO works to improve the delivery of services to children and

families within the child protection system.


The CPO was established pursuant to C.R.S. 19-3.3-101.The CPO receives complaints concerning

actions or inactions by child protection agencies that may adversely impact the safety,

permanency or well-being of a child. Child protection agencies are those that receive public funds

to protect or care for children. This includes law enforcement, mental health agencies, child

welfare services and the Division of Youth Services.

3

In addition to providing all citizens free and confidential services, the CPO provides citizens and

stakeholders three primary services:

Information and Resources Referral (IRR) – The CPO provides citizens with information,

resources and/or education to help resolve their questions regarding the child protection system.

The CPO will speak with a citizen on the phone to learn more about their concern. CPO staff may

personally connect the caller with a resource that is best suited to address their question.

Assist – This is the most common service provided by the CPO. The CPO works with citizens to

clarify what is happening in their specific case, including processes and actions taken by an agency

or provider. CPO staff will complete an independent review of relevant records, rule and law.

Depending on the complexity and nature of the inquiry, the CPO may contact the

agency/provider involved to gain a better understanding about a specific situation. In some

instances, the CPO may facilitate communication between the caller and the agency involved in

the case with the goal of resolving the problem.

Investigation – The CPO will open an investigation if it determines a case may result in

recommendations for statutory, budgetary and/or administrative changes to improve the

broader child protection system. A comprehensive, independent study of relevant facts, records,

rules and law will be completed. The CPO will interview all relevant parties and may interview

subject matter experts. For all investigations, the CPO will contact the relevant agency/provider

and release a public investigation report.


The CPO receives “complaints concerning child protection services made by, or on behalf of, a

child relating to any action, inaction, or decision of any public agency or any provider that receives

public moneys that may adversely affect the safety, permanency, or well-being of a child. The

Ombudsman may, independently and impartially, investigate and seek resolution of such

complaints, which resolution may include but need not be limited to, referring a complaint to the

state department or appropriate agency or entity and making a recommendation for action

relating to a complaint.” See C.R.S. 19-3.3-103(1)(a)(I)(A).

Some examples of agencies/providers the CPO has jurisdiction to review includes: human service

agencies, youth corrections, law enforcement, educators, medical professionals and treatment

providers.

Pursuant to C.R.S. 19-3.3-101 to 110, the CPO does not have the authority to:

Investigate allegations of abuse and/or neglect.

Interfere or intervene in any criminal or civil court proceeding.

4

Investigate complaints related to judges, magistrates, attorneys or guardians ad litem.

Overturn any court order.

Mandate the reversal of an agency/provider decision.

Offer legal advice.

CPO Key Performance Goal

Goal – Ensure the CPO can continue to deliver high-quality services to all citizens who contact

the agency, as well as effectively addressing systemic issues impacting Colorado’s child

protection system. Since the onset of the COVID-19 pandemic, the CPO has seen a 31% increase

in the number of cases compared to the same six months during the previous year.

Like many agencies, the CPO is working to ensure its operations remain effective and sustainable

while also accommodating a decrease in funding.

2. Program and Goal Evaluation

Major Programs and Goal Alignment

The CPO operates as a singular program. A citizen or stakeholder who contacts the agency may

receive one or several of the services enumerated above. The CPO’s caseload has increased

substantially COVID-19 outbreak in March 2020. As such, the goal detailed below is designed to

allow the CPO to continue to provide citizens with effective and timely services, while also

working to ensure such practice is sustainable during the current budget deficit.

Goal – Ensure the CPO can continue to deliver high-quality services to all citizens who contact

the agency, as well as effectively addressing systemic issues impacting Colorado’s child

protection system. Since the onset of the COVID-19 pandemic, the CPO has seen a 31% increase

in the number of cases compared to the same six months during the previous year.

Like many agencies, the CPO is working to ensure its operations remain effective and

sustainable while also accommodating a decrease in funding.

The CPO was established to serve as an oversight agency for all agencies that receive public

funds to ensure the protection, permanency and well-being of Colorado’s children. To do this,

the CPO must be responsive to citizens’ concerns, many of which involve a child’s immediate

safety and well-being. At a minimum, the CPO’s duties include:

Provide citizens free and confidential services.

Help citizens navigate the child protection system and direct them towards needed services and resources.

5

Objectively research, review and investigate individual and systemic concerns about the delivery of services to children and families within the child protection system.

Illuminate the strengths and weaknesses within the child protection system that are directly impacting the safety, permanency and well-being of children and families.

Make recommendations to the public, child protection agency/provider, the General

Assembly and the Governor that help reform and improve outcomes for children

and families.

Citizens’ concerns involve a variety of entities, including child welfare services, law

enforcement, behavioral health and the Division of Youth Services. The CPO may work

with state and local entities to resolve a case. Analysts must collect all relevant

information from a citizen and review third-party resources that may provide context for

the case. These sources may include the statewide child welfare database, law

enforcement records and the state court databases. Using this information, analysts will

review the citizens concern and determine which CPO services is most appropriate. This

may include connecting citizens with needed resources, helping to resolve issues in

communication and or notifying agencies when the CPO is concerned that law and rules

were not followed.

To effectively meet this goal, the CPO must continue to closely monitor its caseloads and

operations budget. As the CPO experiences a simultaneous decrease in funding and

increase in cases, the agency will have to consider possible impacts to its services, such as

extended timelines and prioritization of its day-to-day cases over the agency’s systemic

initiatives. Below is a breakdown of the increase in CPO cases and the correlating impacts.

Current CPO Caseload

The CPO exists to serve the public and address their urgent concerns. Citizens typically call

the CPO when they need to speak to someone immediately and have been unable to

receive answers to their questions through traditional grievance mechanisms. When a

citizen calls the CPO, they typically need someone to answer their questions about a child

protection concern in a timely manner. The complaints brought to the CPO’s attention

continue to increase in quantity and expand in complexity.

Increase in CPO Cases

Since its inception, the CPO has seen a steady increase in the number of cases it receives.

Citizens’ calls and complaints drive 100% of the CPO caseload. The below chart shows an

increase in the CPO caseload over the past four fiscal years.

6

Since March 2020, CPO caseloads went up 19%. At the onset of the pandemic, the CPO

received calls from parents who were concerned that they were no longer able to visit their

children in-person. Parents were understandably worried about the impact this would have

on their bond with their children, as well as their ability to have their children returned to

their care. Additionally, the CPO discovered that for about two to three weeks in March

2020, a large county human services department was not responding to all reports of child

abuse/neglect in which the children were not considered to be in imminent danger, yet

were still at risk for abuse/neglect. This concern resulted in 113 CPO cases, each of which

had to be reviewed in detail by an analyst to determine if there were any concerns about

the child’s safety.

Other concerns the CPO has heard, and continues to hear, regarding COVID-19 include:

o Delays for mental health, substance abuse and other court-ordered treatment for

both parents and children.

o Lack of visits for biological parents.

o Concerns regarding youth in the Division of Youth Services System, including lack of

family contact and educational programming.

It has been important for the CPO to respond to these concerns quickly in order to help

families and the public navigate the already complex child protection system during such an

uncertain and trying time.

Additionally, the influx of cases does not show signs of slowing.

498

611

575

725

F Y 2 0 1 6 - 1 7

F Y 2 0 1 7 - 1 8

F Y 2 0 1 8 - 1 9

F Y 2 0 1 9 - 2 0

TOTAL # OF CASES OVER THE LAST 4 F ISCAL YEARS

# of Cases

Since FY 2016-17, case volume has increased

by 46%

7

During the past six months, the CPO has seen a 31% increase in the number of cases,

compared to the same six months during the prior year. The below chart illustrates this

increase in cases.

To effectively meet this goal, the CPO must monitor its caseloads and systemic initiatives to

ensure that the agency is implementing sustainable practices during the current budget deficit.

3. Financial Structure

The CPO is funded entirely by moneys allocated by the Joint Budget Committee from the General

Fund. The CPO has one program costs line in the Long Bill that is used for personal services and

all other operating expenses. Appropriations to this line over the years is in the table below.

Fiscal Year Total Funds General Fund

FY 2016-17 $614,458 $614,458

FY 2017-18 $782,421 $782,421

FY 2018-19 $1,024,898 $1,024,898

FY 2019-20 $994,028 $994,028

FY 2020-21 $961,632 $961,632

49 4457

154

4667

44 5663 6146

62

305

444

2 0 1 9 2 0 2 0

2019 VS . 2020

CASES PER MONTH BETWEEN APRIL AND SEPTEMBER

April May June July August September Total

8

4. Financial Forecast

As the CPO continues to accommodate increasing caseloads and a decrease in funding, the

agency anticipates a continuation of its current funding through Fiscal Year 2022-23. If the agency

maintains its current caseloads, or continues to see caseloads increase, the CPO will seek

additional FTE in Fiscal Year 2023-24. See the table below for estimated appropriations over the

next five years.

FY 2021-22 – The agency anticipates a continuation of its current funding plus any

common policy adjustments, pending economic recovery.

FY 2022-23 – Under the current economic circumstances, the CPO anticipates a

continuation of its current funding through Fiscal Year 2022-23, plus any common policy

adjustments.

FY 2023-24 – Assuming a continuation of current caseloads – and/or an increase in

caseloads – the CPO will ask for additional FTE in Fiscal Year 2023-24, as well as any

common policy adjustments.

FY 2024-25 – The CPO anticipates its budget will be static, other than common policy

adjustments.

FY 2025-26 – The CPO anticipates its budget will be static, other than common policy

adjustments.

5. Anticipated Funding Decreases

FTE Total FTE Total FTE Total FTE Total FTE Total

Office of the Chld Protection Ombudsman

Program Costs GF 8.0 $944,683 8.0 $949,035 8.0 $1,208,828 8.0 $1,229,356 8.0 $1,250,389

8.0 $944,683 8.0 $949,035 8.0 $1,208,828 8.0 $1,229,356 8.0 $1,250,389

Assumptions for Calculations:

FY 2022: Assumes continuation budget from FY 2021 plus common policy adjustments, minus $18,000 decision item for GF cut.

FY 2023: Assumes continuation from FY22 plus 4% HLD increase.

FY 2024: Assumes budget request of 3.0 FTE due to caseload increases, 2% salary increase, and 4% HLD increase.

FY 2025: Assumes continuation budget from FY 2024, 2% salary increase, and 4% HLD increase.

FY 2026: Assumes continuation budget from FY 2025, 2% salary increase, and 4% HLD increase.

Appropriation Appropriation Appropriation Appropriation Appropriation

FY2022 FY2023 FY2024 FY2025 FY2026

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None of the CPO’s programs are currently funded with federal dollars, gifts, grants or donations.

However, the CPO does anticipate its general fund appropriation will be impacted by the current

budget deficit and any continuation of that deficit.

APPENDIX 1

CPO FY 2019-2020 Annual Report

OFFICE of COLORADO’SCHILD PROTECTIONOMBUDSMAN

ANNUAL REPORT FISCAL YEAR 2019–2020

LETTER FROM THE OMBUDSMAN

This year has been a hard one for Colorado’s children and families. COVID-19 has swept the world, leaving death and economic despair in its midst. If not previously apparent, it should be now — Colorado children are not equally prepared to absorb the economic and health consequences associated with this deadly virus. Food insecurity, housing instability and unstable school systems have left many of Colorado’s children reeling — leading many to the poverty line and deepening the hole for those already living at that threshold. Isolation and quarantine have also expanded holes in the child protection system.

This year the Office of Colorado’s Child Protection Ombudsman (CPO) heard from more than 700 citizens. This is a 19% increase in calls compared to the previous fiscal year. The increase in calls was in large part due to the proliferation of the COVID-19 virus. The calls we received exposed both strengths and weaknesses in our state’s child protection system. Here is what we learned.

The strengths of the system are rooted in its workforce and the responsiveness of child protection workers across the state. In the initial days of the COVID-19 pandemic, human service workers unfailingly responded to child abuse and neglect calls, often without the benefit of protective gear. Human service agencies also worked quickly to respond to the surge of requests from families for food, medical and other economic assistance — ensuring that Colorado families were fed, housed and received critical medical care.

The virus also exposed weaknesses in the system. The state’s system for detecting abuse and neglect of children, which is heavily dependent on reports by teachers, doctors and other professionals, has been rendered ineffective — as in-person visits between children and professionals are strongly discouraged by public health concerns and stay-at-home orders. At the same time, other vital parts of the child welfare system that are designed to safely and timely re-unite foster children with their families, including child-parent visits, mandatory court appearances and home-based parenting programs, are at a near standstill. These failures mean that child abuse and neglect cases are going undetected and many of our foster children cannot go home, creating yet another layer of stress, hardship and uncertainty for our youngest citizens.

Our agency listened and learned a great deal from those who called us. We worked closely with our colleagues at human service agencies across the state to help families navigate the child protection system during this crisis. Our agency charge requires us to identify community needs and to collaborate with lawmakers, professionals and other stakeholders to advance legislation and policies that will have a lasting, positive impact on our children and families. To be sure, the COVID-19 virus will continue to illuminate that work and provide opportunities for us to re-think our child protection system and how we can all do better.

The following report is intended to showcase how we’ve worked during the past year to keep children safe and to promote healthy families. We look forward to continuing to serve the state’s child protection community so that we can ensure a better future for all Coloradans.

Sincerely,

Stephanie VillafuerteColorado Child Protection Ombudsman

ColoradoCPO | Annual Report 2019–2020

FISCAL YEAR HIGHLIGHTS

CPO TOTAL CASE ACTIVITY IN FY 2019-2020

Fiscal Year 2019-20 was a record-breaking year as we received a total of 725 calls from Colorado citizens. This was 150 more calls than the previous fiscal year and a 19 percent increase from our previous record of 611 calls. The pandemic certainly impacted the number of calls we received and we have worked diligently since the start of the pandemic to monitor whether child welfare practices and services throughout the state are being impacted by the outbreak. In line with years prior, the majority of calls concerned child welfare, mental health and juvenile justice agencies and/or service providers. Most calls were from parents and family members of children, however, we also received several calls from medical professionals, law enforcement agencies, district attorneys’ offices, schools, the legislature and the child protection legal community.

As needed, we issued letters of compliance concern to county departments citing possible violations of state child protection rules and laws in the handling of child welfare cases. During Fiscal Year 2019-20 we issued a total of 53 letters intended to initiate improvements to the state’s child protection system.

CPO SERVICE # OF CASES

Information/Resource Referrals 95

Assists 512

Investigation 0

Closed per contact 30

Closed per lack of information 80

Duplicate case 8

Closed per CPO discretion 0

Total Number Of CPO Cases 725

Case Highlights

The COVID-19 pandemic has simultaneously heightened the need for our services, while also creating new barriers to reaching children, youth and families who need our help. In one case, we received a call directly from a young man living in a Division of Youth Services’ (DYS) youth center. The young man was confused and upset by the fact that DYS was not allowing him to undergo an elective medical procedure. The young man stated that he felt this decision was punitive and DYS staff were making him “earn” the treatment with good behavior. We were not able to visit the youth in-person, however, we were able to quickly arrange to speak directly with the young man via video chat. This was the first time the CPO utilized this tool to connect with youth living in a DYS youth center and the method proved to be an effective and timely way to connect with our clients living in DYS. Using this tool, we were able to quickly connect with the young man and DYS staff. Ultimately, we were able to help the young man understand that he was not being punished. The CPO helped explain that staff at the youth facility had advocated for the procedure, however, Medicaid would not cover the cost. This information helped the young man and his family consider alternatives for paying for the procedure.

CASE #1


We had the opportunity to work directly with a young woman in foster care during the

past fiscal year. She contacted the CPO with concerns that she was going to be removed from her current foster home without any notice from the county department handling her case. She expressed fear and frustration and stated that she felt like she was not being included in the decision-making process. She even stated that she worried the county department was moving her to retaliate against her foster parents. Ultimately, we were able to work with the county department to explain their reasons for the move and the young woman agreed and felt comfortable with the decision. She was also able to share her frustrations and desires with the county department. During the upcoming fiscal year, we will continue our efforts to connect directly with youth in the child welfare system. The ability to speak to young clients directly – as we did in this case – allows us to reach better outcomes for youth who contact our agency.

Within a span of six weeks, we received two calls about cases involving the use of excessive force by staff at a DYS youth center. In one case, a young man’s wrist was broken, and he was monitored for a possible concussion after youth center staff physically restrained him. Staff at the same youth center tackled a young man, ultimately breaking the young man’s collar bone. The break was so significant it could be seen through the young man’s sweatshirt. The staff member in that case was placed on administrative leave before resigning. Law enforcement and child welfare services are reviewing that case. In both cases, we closely monitored the immediate safety of both young men and worked closely with the youth center, attorneys and child welfare services to ensure these incidents were reviewed and addressed by DYS leadership.

CASE #2

CASE #3

Connecting with the Community

Each year we work to connect with the child protection community. This includes working collaboratively with child protection partners to learn more about child-serving practices and programs throughout our state. These efforts allow us to better understand what is occurring and, if needed, work to improve policies, funding and resources for systems that serve Colorado children and their families. Additionally, we continually work to improve how we share information and resources with citizens to ensure they have access to our services.

Community Outreach and EducationOur Client Services Team took a very active role in educating citizens and stakeholders about the CPO. In addition to presenting at several large conferences hosted in the metro area, the Client Services Team traveled to western and southern Colorado to share helpful information about the CPO’s role and services. These presentations detailed everything from the CPO’s history, to its current role within the child protection community, to explanations for how our analysts review questions or concerns from clients. Presentations were made to a diverse range of stakeholders and agencies, including the Mesa County Foster Care Advisory Council, the Colorado State Foster Parent Association, the Pueblo County Department of Human Services, Office of the Respondent Parents’ Counsel and the Colorado Juvenile Defender Center. The Client Services Team also launched its quarterly town halls. These town halls are an open invitation to staff from the Colorado Department of Human Services (CDHS) and county departments to meet with CPO analysts to discuss our policies, ask questions and brainstorm about how we may improve communication and coordination.


Improved Website and Expanded AccessDuring the past year, we continued our efforts to ensure our website is easy for citizens to navigate, engages all communities and provides the public consistent and timely information. In April 2020, we launched our redesigned website. While the website contains the same information as before, the new website centers on ensuring visitors have multiple ways to access information and clear guideposts throughout the site. We’ve also created more interactive elements, including a new informational video on the CPO’s homepage. The video provides a short, engaging overview of the CPO and the services we provide. Visitors also have easier access to our Special Initiative work, including large reports and issue briefs. Additionally, we added a Spanish-language complaint form and translation services to the website. We hope this makes it easier for all Colorado citizens to connect with us.

Expanded Presence and LeadershipDuring the past two years, we have worked hard to extend our outreach and education efforts across Colorado and beyond. Child Protection Ombudsman Villafuerte has led many of these efforts and, today, she serves as a leader on several state and national organizations working to prevent child abuse and neglect, expand the role of ombudsman offices across the country and improve the relationships of ombudsmen with other national organizations. For example, Ombudsman Villafuerte was appointed to chair the Colorado Children’s Trust Fund (CCTF) Board in 2019. This position and the work of the CCTF has increased our engagement with community partners who are dedicated to child maltreatment prevention efforts. Ombudsman Villafuerte also serves as co-chair of the Children and Families Chapter of the United States Ombudsman Association (USOA). In this position, she has led monthly meetings of the nation’s 30 child protection ombudsman. Following the outbreak of COVID-19, Ombudsman Villafuerte led weekly meetings of this group so members could discuss how to adapt their practice in response to the virus. Additionally, Ombudsman Villafuerte also serves as the liaison between the USOA and the American Bar Association’s Alternative Dispute Resolution Sub-Committee. In this role, she works to educate the broader legal community about the role of ombudsmen generally and child protection ombudsman work specifically.

Adoption AssistanceWe continued our work to improve Colorado’s adoption assistance program. Since the release of our investigation report in 2017, we have continued to work with stakeholder partners to ensure that the 14 recommendations issued in the report are implemented. During Fiscal Year 2018-19, we led the effort to overhaul the state’s law regarding the adoption assistance program. During the past fiscal year, we worked with the CDHS to co-facilitate stakeholder meetings regarding the regulations that will guide caseworkers handling adoption assistance cases. We co-facilitated six teleconferences – attended by more than 80 stakeholders – and coordinated testimony at the State Board of Human Services. Ultimately, we ensured that the new regulations accurately reflect the new state law and federal requirements. We will continue these efforts during the next fiscal year.

Juvenile Facilities RoundtableWe hosted 12 meetings with the juvenile justice community in order to address issues faced by children and families who intersect with the DYS. Meetings provide a neutral, objective forum to discuss the DYS’ policies and practices, along with the experiences of youth, families and their advocates, with the goal of addressing concerns with DYS leadership. A main topic throughout Fiscal Year 2019-20 was the pandemic and its potential impacts on youth residing in DYS youth centers. Additionally, we continued our efforts to address the DYS’ rulemaking process. In August 2019, we released an issue brief, detailing our concerns about the lack of transparency and community engagement in the current process for developing and implementing regulations for DYS youth centers. Several members of the juvenile justice community support the changes proposed by the CPO and we are currently evaluating options for how to implement such changes.


https://coloradocpo.org/special-initiative/adoption-assistance-investigation/

Hand Sanitizer for Child Protection WorkersIn March 2020, we partnered with Spring 44 Distilling and Arapahoe County Human Services to help obtain and deliver more than 1,000 individual bottles of hand sanitizer to human services staff across Colorado. We helped to deliver hand sanitizer to almost all 52 county departments in Colorado.

Face Coverings for County Human Services DepartmentsIn April 2020, we worked to help county departments obtain more than 1,300 cloth face masks for child protection workers in 17 counties. We partnered with HI Denver, Parker Tailor and the Colorado Human Services Directors Association to produce and distribute the masks. Additionally, Denver Human Services helped ship masks, covering shipping fees to mail the masks across the state, including 14 rural county departments.

Toolkit for EducatorsIn April 2020, we worked with teachers, education advocates, the Colorado Department of Education and the CDHS to develop a toolkit that helps teachers get a better sense of their students’ safety during remote learning sessions. The toolkit provides educators information about the signs of child abuse and neglect, how to make reports to the hotline and provides educators examples of activities they can lead during remote learning sessions to assess the wellbeing of their students. The toolkit was published on the Colorado Child Abuse and Neglect Hotline’s website and was shared broadly via social media.

Responding During the Pandemic

The child protection community is responding to new challenges presented by the pandemic. During the fiscal year, we worked to support those who look after Colorado’s children by identifying and fulfilling needs. Below are highlights from several of our efforts.

Masks distributed to child protection workers in Colorado

Prioritizing Child Protection Workers During COVID-19Following the spread of COVID-19 throughout Colorado, we quickly learned that child protection workers that respond to reports of child abuse and neglect were without personal protective equipment. Often entering families’ homes at their own risk due to state and federal mandates to provide services to children and their families, they have faced potential COVID-19 exposure. In an issue brief we published in April 2020, we made a call for these critical employees to be prioritized as first responders so they get the equipment they need to protect themselves, and thus, are able to continue protecting Colorado’s children.


https://www.linkedin.com/feed/update/urn:li:activity:6651247074132140032



https://coloradocpo.org/2020/04/27/office-of-colorados-child-protection-ombudsman-helps-secure-masks-for-child-protection-workers/

https://co4kids.org/teachers

https://coloradocpo.org/wp-content/uploads/2020/08/CPO_Issue-Brief_Protecting-Caseworkers-During-COVID-19-4-10-20.pdf

ABOUT

CPO STAFF

Stephanie Villafuerte, Child Protection OmbudsmanJordan Steffen, Deputy OmbudsmanTiffany Madrid, Director of Legislative Affairs and PolicyKaren Nielsen, Director of Administrative ServicesAmanda Pennington, Director of Client ServicesClaire Hooker, Client Services Analyst

CPO BOARD OF DIRECTORS

Chief Justice AppointmentsHon. Kenneth Plotz, Board ChairSimone Jones, Board Vice ChairAnn RoanPax MoultrieGovernor AppointmentsClaire MorrowEldridge GreerJerene PetersonKaren Beye

Senate President AppointmentVictoria ShulerSenate Minority AppointmentPeg Rudden

Speaker of the House AppointmentDr. Richard Krugman

House Minority Leader AppointmentVACANT

OUR MISSION

Ensuring that the state’s child protection system consistently provides high-quality services to every child, family, andcommunity in Colorado.


CONTACT INFORMATION

1300 Broadway, Suite 430, Denver, CO 80203

720-625-8640

coloradocpo.org

linkedin.com/company/cocpo

Sign up for our newsletter and read our latest blog posts.

http://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotectcoloradochildren.us12.list-manage.com%2Fsubscribe%3Fu%3D49aee58e5245da306aab350a7%26id%3D14849e56a4&data=02%7C01%7C%7C44da1138d05240eadbfe08d7dc03254e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637219778369835731&sdata=ZsDh1jdJ8sYFMuJ1QDz9ERnnu0HhUjW8hGj0zLN3a94%3D&reserved=0

https://coloradocpo.org/news/

APPENDIX 2

CPO SMART Act Performance Plan FY 2020-2021

1

Office of Colorado’s Child Protection Ombudsman

Fiscal Year 2020-2021

Performance Plan

July 1, 2020

Stephanie Villafuerte,

Child Protection Ombudsman

2

Table of Contents Agency Overview ……………………………………………………………………………………………………………………………….3

Background ……………………………………………………………………………………………………………………………3

Mission ………………………………………………………………………………………………………………………………….3

Vision …………………………………………………………………………………………………………………………………….3

Major Agency Functions ………………………………………………………………………………………………………..4

Role of the CPO …………………………………………………………………………………………………………4

Responsibilities of the CPO ……………………………………………………………………………………….4

Glossary of Terms………….…………………………………………………………….……………………………4

Jurisdiction and Environment ……………………………………………………………………………………………….5

What’s New to Our Performance Plan This Year……………………………………………………..….……………5

Summary of FY 2019-2020 Q3 Performance Evaluation……………………………………………………………………..7

Strategic Policy Initiatives ………………………………………………………………………………………………………………… 8

SPI 1 ………………………………………..………………………..………………….……………………………………………………8

SPI 2 ……………………………………………………………………………………………………..……….…………………. 15

SPI 3 ………………………………………………………………………………………………………………....…………… 18

Conclusion ………………………………………………………………………………………………………………………………………. 21

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Background

Agency Overview

The Office of Colorado’s Child Protection Ombudsman (CPO) was established in June 2010, under Senate Bill 10-171. This legislation provided that the CPO would operate as a program through a contract with a local non-profit agency, issued and managed by the Colorado Department of Human Services (CDHS).

Senate Bill 10-171 was passed in response to the deaths of 12 children in Colorado who were known to child protection services. The deaths of these children in 2007 sparked an outcry by the public that there be greater oversight, accountability and transparency of the child protection system in Colorado. The public demanded to know more about how the systems charged with protecting Colorado’s children were keeping them safe and working to prevent such tragedies in the future.

Years after the CPO’s creation, legislators determined that the CPO needed independence from the agencies it was designed to review. So, on June 2, 2015, Senate Bill 15-204, Concerning the Independent Functioning of the Office of the Child Protection Ombudsman, was signed into law. This legislation transformed the original “program” into a distinct and independent state agency. The new, independent CPO opened in 2016.

The concept of an ombudsman dates back hundreds of years and is designed to provide citizens with an independent, unbiased and trusted intermediary between the public and an entity. In a similar fashion, the CPO works to provide a clear channel between the citizens of Colorado and the agencies and providers tasked with protecting children. The CPO is guided by standards set by organizations such as the United States Ombudsman Association and the American Bar Association. Using those standards, the CPO serves the public by independently gathering information, investigating complaints and providing recommendations to child protection agencies and providers.

To ensure the accountability and transparency of the CPO and the Ombudsman, the legislature also created the Child Protection Ombudsman Board (CPO Board) in 2015. The CPO Board was the first of its kind in the nation. By law, the CPO Board is required to oversee the Ombudsman’s performance and act as an advisory body on strategic direction and outreach decisions by the CPO.

The CPO is now housed within the Colorado State Judicial Branch and is located at the Ralph L. Carr Judicial Center in Denver. Colorado’s current Child Protection Ombudsman, Stephanie Villafuerte, was appointed in December 2015 by the CPO Board. Ombudsman Villafuerte took office in January 2016.

Mission

We are innovative change agents committed to informing and reforming child protection systems for children, families and communities.

Vision

Ensuring safety for Colorado’s children today and envisioning a stronger child protection system for the future.

4


Role of the CPO

By design, the CPO serves as an independent, neutral problem solver that helps citizens navigate a complex child protection system in an expert and timely manner. The CPO has independent access to child protection records that are not otherwise available to the public. This allows the CPO to objectively assist citizens with concerns, investigate issues affecting the child protection system, deliver recommendations and drive systemic reform through research and education. Through objective study the CPO works to improve the delivery of services to children and families within the child protection system.


The CPO was established pursuant to C.R.S. 19-3.3-101 and is responsible for responding to complaints concerning actions or inactions by child protection agencies that may adversely impact the safety, permanency or wellbeing of a child. Child protection agencies are those that receive public funds to protect or care for children. This includes law enforcement, mental health agencies, child welfare services and the Division of Youth Services. All services provided to citizens are free and confidential. The three primary services provided to citizens and stakeholders include information and resource referrals, assists and investigations. These terms are defined below in the “Glossary of Terms.” Additionally, pursuant to C.R.S. 19-3.3-103(2)(e), the CPO is responsible for informing on systemic changes to “…improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado.” Being uniquely situated to gather and share information with state and non-state entities, the CPO helps facilitate work to enhance the state’s child protection system. The CPO shares recommendations and information through Special Initiatives. This term is defined below in the “Glossary of Terms.” Glossary of Terms

Assist – This is the most common service provided by the CPO. The CPO works with citizens to clarify what is happening in their specific case, including processes and actions taken by an agency or provider. CPO staff will complete an independent review of relevant records, rule and law. Depending on the complexity and nature of the inquiry, the CPO may contact the agency/provider involved to gain a better understanding about a specific situation. In some instances, the CPO may facilitate communication between the caller and the agency involved in the case with the goal of resolving the problem.

Information and Resources Referral – The CPO provides citizens with information, resources and/or education to help resolve their questions regarding the child protection system. The CPO will speak with a citizen on the phone to learn more about their concern. CPO staff may personally connect the caller with a resource that is best suited to address their question.

Investigation – The CPO will open an investigation if it determines a case may result in recommendations for statutory, budgetary and/or administrative changes to improve the child protection system. A comprehensive, independent study of relevant facts, records and law will be completed. The CPO will interview all relevant parties and may interview subject matter experts. The CPO will contact the relevant agency/provider and release a public investigation report.

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Special Initiatives – Projects that leverage comprehensive research, and in certain instances stakeholder engagement processes, to identify and address topics relevant to improving the state’s child protection system.


The CPO receives “complaints concerning child protection services made by, or on behalf of, a child relating to any action, inaction, or decision of any public agency or any provider that receives public moneys that may adversely affect the safety, permanency, or well-being of a child. The Ombudsman may, independently and impartially, investigate and seek resolution of such complaints, which resolution may include but need not be limited to, referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint.” See C.R.S. 19-3.3- 103(1)(a)(I)(A).

Some examples of agencies/providers the CPO has jurisdiction to review include human service agencies, youth corrections, law enforcement, educators, medical professionals and treatment providers.

Pursuant to C.R.S. 19-3.3-101 to 110, the CPO does not have the authority to: • Investigate allegations of abuse and/or neglect. • Interfere or intervene in any criminal or civil court proceeding. • Investigate complaints related to judges, magistrates, attorneys or guardians ad litem. • Overturn any court order. • Mandate the reversal of an agency/provider decision. • Offer legal advice.

What’s New to Our Performance Plan This Year The CPO is consistently working to update and improve its processes. This is reflected throughout the agency’s work, including this Performance Plan. Going forward, the CPO will be using updated terminology in its Performance Plans and Performance Evaluations. The term “Key Metrics” that has been used in the past has now been updated to “Key Activities” to better reflect that the information listed showcases how the CPO plans to achieve each “Critical Process.” Additionally, the term “Key Metrics,” or the specific data the CPO plans to measure to showcase progress toward achieving each “Critical Process,” is now included in the “Key Metrics and Outcome(s)” section at the bottom of each “Critical Process” table. The CPO hopes that these changes will make it clearer to the public and stakeholders what the CPO is doing to accomplish work and the data the CPO is using to assess performance. It is important to note that several “Critical Processes” outlined in the CPO’s FY 2019-20 Performance Plan are being carried over to this Performance Plan. This is because the novel coronavirus (COVID-19) pandemic created several interruptions to “business as usual” across the state and many in-person meetings and trainings were cancelled and/or postponed. As a result, the CPO will continue focusing on previously identified “Critical Processes” and work toward their completion in accordance with health and safety directives. Lastly, the CPO has updated its Strategic Policy Initiatives (SPI) this year to better reflect its growth and

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development. The CPO has eliminated the SPI “Increase the expertise and resources needed to investigate and research systemic issues within the child protection system,” as staff positions have been filled. Additionally, the SPI “Establish the CPO as a leader in information gathering and dissemination as it relates to issues facing the child protection system” has been added to reflect the agency’s commitment to leveraging staff expertise and research to identify and address topics relevant to improving the state’s child protection system.

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Summary of FY 2019-2020 Quarter 3 Performance Evaluation

2019-2020 Performance Plan In Progress or Completed 4 Strategic Policy Initiatives In Progress

12 Critical Processes In Progress 27 Key Activities In Progress

During Quarter 3 (Q3), the CPO continued its work on three Strategic Policy Initiatives (SPI) that were developed during Fiscal Year 2018-19 and began working on an additional SPI that was developed during Fiscal Year 2019-20. In concert with one another, the four SPI focused the CPO on the resources and practices needed to address system-wide issues affecting the child protection system, and on providing a high quality of service for citizens seeking one-on-one assistance. The SPI were designed to guide the agency’s work for multiple fiscal years in the areas of communication and outreach, efficient and impactful practices, expanding expertise and promoting best practices, which is why many critical processes continue to be a work in progress. As highlighted in the CPO’s Q3 Performance Evaluation, the CPO increased its impact and capacity during the quarter. From improving communications to increasing resources, the CPO made progress in each of the SPI defined in the Fiscal Year 2018-19 Performance Plan. Communication between the CPO and the entities that it interacts with – such as agencies/providers, legislators and citizens – was made more accessible, transparent and understandable. This was partly due to the CPO contracting with a local communications firm. The CPO staff had access to better tools and resources, such as Westlaw to help with legal research and Monday.com to coordinate project management efforts. Also, the CPO hired staff, effectively expanding the team’s expertise and capacity. Furthermore, the CPO launched its fourth SPI during Q3, which has the CPO focused on leveraging best practices, the best available data, research, evidence and testimonials to ensure that objective, accurate and reliable information is leveraged to improve Colorado’s child protection system. The numbers are telling; they show that the CPO’s efforts are on track and making a difference. At the time of publishing the CPO’s Quarter 3 Performance Evaluation, the CPO had served an upwards of 477 citizens, which was on track with projections. This is an indication that the public views the CPO as a vital resource – an entity that can help them navigate the complexities of, resolve issues with and answer questions about the state’s child protection system. Additionally, during FY 2019-20 at the time of publishing the Quarter 3 report, the CPO published two reports, one issue brief and 10 letters of compliance concern, each highlighting issues affecting children and families throughout Colorado and promoting improvements. SMART Act reports and other CPO planning efforts, such as the CPO’s Case Practices and Operating Procedures, help to ensure the CPO continues to handle the demand for services in an efficient and effective manner. To access the CPO’s full length Q3 Performance Evaluation, please visit either the CPO’s website or the website of the Governor’s Office of State Planning and Budgeting.

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Fiscal Year 2020-2021 Performance Plan Strategic Policy Initiatives

The CPO is statutorily required to educate citizens and stakeholders “concerning child maltreatment and the role of the community in strengthening families and keeping children safe.” See C.R.S. 19-3.3- 103(2)(c). The CPO has identified the following Strategies and Critical Processes as ways to become more accessible to the public and improve the consistency in which it shares its work with citizens and stakeholders. The Strategies, Critical Processes, Key Activities and Key Metrics and Outcome(s) outlined below are designed to ensure the CPO is fulfilling its mandate to educate the public regarding issues affecting the child protection system.

By communicating issues plaguing the child protection system, and recommendations for improvement, the CPO continues to fulfill the role the legislature designated for it.

Critical Process – Complete, publish and provide notices of CPO products in a timely fashion. Key Activities

Fiscal Year 2020-2021 • Ensure CPO products

are placed on the CPO’s website in a timely manner.

• Develop a notification system to notify the public/stakeholders of new products released by the CPO. (E.g. mail chip notification system)

Fiscal Year 2021-2022 • If the Critical Process

was not completed in FY 2020-21, implement any practices or products developed during the previous fiscal year.

Fiscal Year 2022-2023 • If the Critical Process

was not completed in FY 2021-22, implement any practices or products developed during the previous fiscal year.

Key Metrics and Outcome(s): The number of notifications sent to the public/stakeholders will be used to track this critical process. Additionally, the CPO will track that it is posting products to the website in a timely manner. This critical process is ongoing.

1 STRATEGIC POLICY INITIATIVE: Target communications and engagements to better educate and serve citizens and stakeholders.

STRATEGY ONE: Provide consistent, timely and informative communications to citizens and stakeholders on issues facing the child protection system.

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Critical Process – Communicate issues the CPO has identified to legislators by providing consistent and timely notices of the CPO’s findings and recommendations. Key Activities

Fiscal Year 2020-2021 • Send legislators a

survey asking about their interest, and their constituents’ interest, in child protection issues.

• Analyze data regarding interests to develop and target communications.

• Provide a CPO orientation presentation for new members of the General Assembly during Quarter 2.

• Provide all legislators with a presentation detailing the CPO’s work, including issues identified by the CPO.

Fiscal Year 2021-2022 • Send legislators a

survey asking about their interest, and their constituents’ interest, in child protection issues.

• Analyze data regarding interests to develop and target communications.

• Provide a CPO orientation presentation for new members of the General Assembly during Quarter 2.

• Provide all legislators with a presentation detailing the CPO’s work, including issues identified by the CPO, access to benefits/services and a discussion of how Colorado’s child protection system impacts communities of color.

Fiscal Year 2022-2023 • Determine whether

the Critical Process was completed during Fiscal Year 2021-22.

• If the Critical Process has not been completed, determine the circumstances preventing the CPO from completing the task and develop appropriate Key Activities.

Key Metrics and Outcome(s): The number of engagements will be used to track this critical process. This critical process is ongoing.

Critical Process – Communicate issues the CPO has identified to stakeholders and/or ensure CPO representation in stakeholder meetings. Key Activities

Fiscal Year 2020-2021 • Attend stakeholder

meetings related to child protection issues.





Key Metrics and Outcome(s): The total number of CPO stakeholder meetings per quarter will be used to track this critical process. This critical process is ongoing.

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The CPO will work to ensure that all communities in Colorado have equal access to CPO services and information. Expanding engagement with communities less familiar with the CPO’s services – particularly populations which are overrepresented in the child protection system – will be key in creating impactful reform to all areas of Colorado’s child protection system.

Critical Process – Engage directly with youth impacted by the child protection system to increase services provided directly to youth clients. Key Activities

Fiscal Year 2020-2021 • Distribute youth-

specific materials describing the CPO’s services to all agencies, providers and communities serving youth in out-of-home placements.

• Distribute youth-specific materials describing the CPO’s services to all DYS youth centers.

• Complete outreach campaigns to increase the CPO’s direct contact with youth clients, including those in DYS youth centers and out-of-home placements.

• Meet with youth in DYS youth centers, foster homes, group homes and residential facilities to survey how to best communicate with youths.







Key Metrics and Outcome(s): The total number of engagements (e.g. calls from youths, CPO visits, etc.) will be used to track this critical process. This critical process is ongoing.

STRATEGY TWO: Engage with communities to expand the CPO’s statewide presence, to identify emerging issues in child protection and to develop community-specific services.

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Critical Process – Identify and respond to the needs of youth populations throughout Colorado. Key Activities

Fiscal Year 2020-2021 • Analyze

demographic data to identify youth populations that are overrepresented in all areas of the child protection system, including Black, Indigenous, Latino and youth of color.

• Engage youth in DYS youth centers to discuss their experiences, needs and how the CPO may better serve them.

• Engage youth in out-of-home placements to discuss their experiences, needs and how the CPO may better serve them.

• Complete outreach campaigns to distribute the CPO’s Spanish materials to Spanish-speaking youths.


demographic data to identify youth populations that are overrepresented in all areas of the child protection system, including Black, Indigenous, Latino and youth of color.

• Engage youth in DYS youth centers to discuss their experiences, needs and how the CPO may better serve them.

• Engage youth in out-of-home placements to discuss their experiences, needs and how the CPO may better serve them.

• Engage with Spanish-speaking youth to discuss their experiences, needs and how the CPO may better serve them.



• If the Critical Process has not been completed, determine the circumstances preventing the CPO from completing the task and develop appropriate Key Metrics.

Key Metrics and Outcome(s): The number of meetings hosted will be used to track this critical process. This critical process is ongoing.

Critical Process – Engage directly with parents – including foster parents, adoptive parents and parents of youth in DYS youth centers – to improve the services the CPO provides to parent clients. Key Activities

Fiscal Year 2020-2021 • Complete outreach

campaigns to increase the CPO’s direct contact with parent


the Critical Process was completed during Fiscal Year


the Critical Process was completed during Fiscal Year

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clients. • Update listserv of

agencies, providers and organizations that may help the CPO connect with parent clients.

• Distribute parent-specific materials describing the CPO’s services to all agencies, providers and communities serving parents, including parents of youth in DYS youth centers.

• Provide educational opportunities to parents, or entities serving parents, about the CPO’s services.

2020-21. • If the Critical Process

has not been completed, determine the circumstances preventing the CPO from completing the task and develop appropriate Key Activities.

2021-22. • If the Critical Process

has not been completed, determine the circumstances preventing the CPO from completing the task and develop appropriate Key Activities.

Key Metrics and Outcome(s): The total number of engagements (e.g. calls from parents, trainings, etc.) will be used to track this critical process. This critical process is ongoing.

Critical Process – Identify and respond to the needs of parents – including foster parents, adoptive parents, kinship providers and parents of youth in DYS youth centers – throughout Colorado. Key Activities


demographic data to identify parent populations that are overrepresented in all areas of the child protection system, including Black, Indigenous, Latino and parents of color.

• Engage with parents of youths in DYS youth centers to discuss their experiences, needs


demographic data to identify parent populations that are overrepresented in all areas of the child protection system, including Black, Indigenous, Latino and parents of color.

• Engage with parents of youths in DYS youth centers to discuss their experiences, needs




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and how the CPO may better serve them.

• Engage with parents of youth in out-of-home placements to discuss their experiences, needs and how the CPO may better serve them.

• Engage with foster parents, adoptive parents and kinship providers to discuss their experiences, needs and how the CPO may better serve them.

• Complete outreach campaigns to distribute the CPO’s Spanish materials to Spanish-speaking parents.

and how the CPO may better serve them.

• Engage with parents of youth in out-of-home placements to discuss their experiences, needs and how the CPO may better serve them.

• Engage with foster parents, adoptive parents and kinship providers to discuss their experiences, needs and how the CPO may better serve them.

• Engage with Spanish-speaking parents to discuss their experiences, needs and how the CPO may better serve them.

Key Metrics and Outcome(s): The number of meetings hosted will be used to track this critical process. This critical process is ongoing.

Critical Process – Engage mandatory reporters, services providers, educators, medical providers, mental health professionals and the child protection legal community. Key Activities

Fiscal Year 2020-2021 • Complete outreach

campaigns with four organizations/ agencies/providers.

• Update listserv of organizations/agencies/providers.

• Provide educational opportunities to



• If the Critical Process has not been completed, determine the circumstances preventing the CPO from completing the task and develop appropriate Key



• If the Critical Process has not been completed, determine the circumstances preventing the CPO from completing the task and develop

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interested entities about the CPO’s services.

Activities. appropriate Key Activities.

Key Metrics and Outcome(s): The total number of engagements (e.g. calls from organizations/agencies/providers, campaigns, etc.) will be used to track this critical process. This critical process is ongoing.

Critical Process – Engage rural communities to improve and increase the services the CPO provides to clients in those areas.

Key Activities Fiscal Year 2020-2021 • Complete two

outreach campaigns in different rural judicial districts. During those campaigns, engage with entities such as child welfare departments, court improvement programs, school districts, regional hospitals and law enforcement.

• Update listserv of agencies, providers and organizations.

• Provide educational opportunities to interested entities about the CPO’s services.







Key Metrics and Outcome(s): The total number of engagements will be used to track this critical process. This critical process is ongoing.

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The demand for CPO services has increased steadily since the agency’s inception, as has the breadth and complexity of issues presented to the CPO. To facilitate systemic reform, the CPO must recognize complex cases quickly and resolve less complicated cases faster. The strategy below will help the CPO achieve this goal and ensure that the quality of services is maintained.

Information/Resource Referrals and Assists are the most common service provided by the CPO. The high demand for these services requires CPO staff to be efficient in contacting citizens, identifying their concerns and determining what is necessary to help citizens resolve their inquiry. Ensuring CPO staff are providing these services in an efficient and effective manner will, in turn, allow the CPO to dedicate the time necessary to study issues affecting the child protection system as a whole. All services provided by the CPO staff should be completed in a timely manner. The Critical Processes below, combined with the CPO’s policies outlined in the CPO’s Case Practices and Operating Procedures, will help the CPO provide all citizens quality services and ensure the agency has time and resources to address systemic issues.

Critical Process – Streamline the process for identifying inquiries that result in Information/Resource Referral or Assists and close such cases in a timely manner. Key Activities

Fiscal Year 2020-2021 • 100 percent of

inquiries resulting an Information/Resource Referral will be closed within 30 business days of receiving the inquiry.

• 90 percent of inquires resulting in Assists will be closed within 60 business days.







Key Metrics and Outcome(s): The number of Information/Resource Referral closed within 30 business days and the number of Assists closed within 60 business days will be used to track this critical process. This critical process is ongoing.

2 STRATEGIC POLICY INITIATIVE: Implement practices that ensure the CPO manages its caseload efficiently and effectively, allotting staff the necessary time and resources to research systemic concerns.

STRATEGY ONE: Implement practices and procedures that will decrease the amount of Information/Resource Referrals and Assists are open and conversely increase the amount of time

CPO staff dedicate to systemic issues affecting the child protection system.

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Critical Process – Develop and execute a project management system to better allocate staff’s time to ensure the timely completion of case management and Special Initiatives projects. Key Activities

Fiscal Year 2020-2021 • Assign staff to

specific projects strategically to maximize work outputs.

• Ensure work products are produced on a consistent basis to mitigate backlog and overload.







Key Metrics and Outcome(s): Backlog and/or overload will be measured and monitored to track this critical process. This critical process is ongoing.

To ensure all Colorado citizens have equitable access to the CPO’s services – and to ensure those services are producing similar outcomes for all clients – the CPO will continually work to assess its service delivery. Specifically, the CPO will utilize its case data and demographic data to identify populations that are disproportionately impacted by the child protection system, including the DYS and child welfare services. This information will be used to help guide client analysts working directly with these populations.

Critical Process – Ensure CPO staff are continually evaluating how they may better serve Colorado’s diverse population. Key Activities

Fiscal Year 2020-2021 • Provide CPO staff

with educational opportunities about ensuring equity in the delivery of CPO services to Colorado citizens.

• CPO staff will meet quarterly to analyze

Fiscal Year 2021-2022 • Provide CPO staff

with educational opportunities about ensuring equity in the delivery of CPO services to Colorado citizens.

• CPO staff will meet quarterly to analyze



• If the Critical Process has not been completed, determine the

STRATEGY TWO: Ensure the CPO is continually analyzing pertinent data and demographic information to ensure its services are best serving children, youth and families in Colorado.

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demographic information and CPO case data to identify issues disproportionality impacting communities of color.

demographic information and CPO case data to identify issues disproportionality impacting communities of color.

circumstances preventing the CPO from completing the task and develop appropriate Key Activities.

Key Metrics and Outcome(s): The total number of educational opportunities offered and attended, along with internal reviews will be used to track this critical process. This critical process is ongoing.

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The CPO is charged with recommending systemic changes to “improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado.” See C.R.S. 19-3.3103(2)(e). As part of this, the CPO is advancing Special Initiatives –projects that leverage comprehensive research, and in certain instances stakeholder engagement processes, to identify and address topics relevant to improving the state’s child protection system. The CPO has identified the following Strategies and Critical Processes to better establish itself as a leader regarding child protection issues and best practices. The Strategies, Critical Processes, Key Activities and Key Metrics and Outcome(s) outlined below are designed to ensure the CPO is fulfilling its mandate to recommend systemic changes regarding issues affecting the child protection system. The CPO announced in its Q3 Performance Evaluation that this SPI would be developed during the Q4 Performance Evaluation. The CPO is pleased to share developments on this SPI ahead of schedule.

Critical Process – Determine the potential impact of a proposed Special Initiative. Key Activities

Fiscal Year 2020-2021 • Determine if a

proposed Special Initiative will provide substantive educational content to help inform the public and/or stakeholders.

• Determine if a proposed Special Initiative will systemically change practice statewide.

• Determine if a proposed Special Initiative will systemically change systems statewide.

Fiscal Year 2021-2022 • Using the policy

implemented during Fiscal Year 2018-19, the CPO will analyze the recommendations from the same period and determine whether they have been implemented. That information will be included in the CPO’s Annual Report.




Key Metrics and Outcome(s): The number of Special Initiative projects proposed versus those completed will be used to track this critical process. This critical process is ongoing.

3 STRATEGIC POLICY INITIATIVE: Establish the CPO as a leader in information gathering and dissemination as it relates to issues facing the child protection system.

STRATEGY ONE: Identify systemic issues that are pertinent to improving the child protection system.

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Critical Process – Develop and execute a project management system to better allocate staff’s time to ensure the timely completion of case management and Special Initiatives projects. Key Activities

Fiscal Year 2020-2021 • Assign staff to

specific projects strategically to maximize work outputs.

• Ensure work products are produced on a consistent basis to mitigate backlog and overload.







Key Metrics and Outcome(s): Backlog and/or overload will be measured and monitored to track this critical process. This critical process is ongoing.

Critical Process – Complete, publish and provide notices of CPO products in a timely fashion. Key Activities










STRATEGY TWO: Allocate agency and staff resources appropriately to ensure Special Initiatives completion and timely impacts.

STRATEGY THREE: Ensure the public and/or stakeholders receive notice of Special Initiatives launches and outcomes.

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Key Metrics and Outcome(s): The number of notifications sent to the public/stakeholders will be used to track this critical process. Additionally, the CPO will track that it is posting products to the website in a timely manner. This critical process is ongoing.

The CPO has a statutory responsibility to maintain an accountable and transparent agency. Tracking and reporting the outcomes of its recommendations will provide a strong gauge for determining the CPO’s impact in reforming the child protection system.

Critical Process –Track the uptake and implementation of recommendations. Key Activities


recommendations are being acknowledged and/or implemented.

Fiscal Year 2021-2022 • Using the policy

implemented during Fiscal Year 2018-19, the CPO will analyze the recommendations from the same period and determine whether they have been implemented. That information will be included in the CPO’s Annual Report.




Key Metrics and Outcome(s): The number of recommendations acknowledged and/or implemented will be used to track this critical process. This critical process is ongoing.

STRATEGY FOUR: Track and analyze recommendations to monitor CPO’s impacts and progress.

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Conclusion The Child Protection Ombudsman respectfully submits this report to the Joint Budget Committee and the General Assembly, as is required under C.R.S. 2-7-204. The CPO will comply with its requirements under the statute and will submit the required reports and evaluations.

office of colorado s child protection ombudsman fy 2021 ......stephanie villafuerte, child...

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