19-3-304. Persons required to report child abuse or neglect.
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/co/title-19-children-s-code/article-3-dependency-and-neglect/19-3-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as otherwise provided by section 19-3-307, section 25-1-122 (4)(d), and subsections (1)(b) and (1)(c) of this section, a person specified in subsection
(2)of this section who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving the information report or cause a report to be made of the fact as soon as reasonably possible, but no later than twenty-four hours after receiving the information, to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111.
(b)The reporting requirement described in paragraph
(a)of this subsection
(1)shall not apply if the person who is otherwise required to report does not:
(I)Learn of the suspected abuse or neglect until after the alleged victim of the suspected abuse or neglect is eighteen years of age or older; and
(II)Have reasonable cause to know or suspect that the perpetrator of the suspected abuse or neglect:
(A)Has subjected any other child currently under eighteen years of age to abuse or neglect or to circumstances or conditions that would likely result in abuse or neglect; or
(B)Is currently in a position of trust, as defined in section 18-3-401 (3.5), C.R.S., with regard to any child currently under eighteen years of age.
(c)The reporting requirement described in subsection (1)(a) of this section does not apply if the person:
(I)Learns of the suspected abuse or neglect outside of the person's professional capacity that would require the person to make a report pursuant to this section; or
(II)Is employed by, an agent of, or a contractor for any attorney who is providing legal services.
(2)Persons required to report the abuse or neglect or circumstances or conditions include a:
(a)Physician or surgeon, including a physician in training;
(b)Child health associate;
(c)Medical examiner or coroner;
(d)Dentist;
(e)Osteopath;
(f)Optometrist;
(g)Chiropractor;
(h)Podiatrist;
(i)Registered nurse or licensed practical nurse;
(j)Hospital personnel engaged in the admission, care, or treatment of patients;
(k)Christian science practitioner;
(l)Public or private school official or employee;
(m)Social worker or worker in any facility or agency that is licensed or certified pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5;
(n)Mental health professional;
(o)Dental therapist or dental hygienist;
(p)Psychologist;
(q)Physical therapist;
(r)Veterinarian;
(s)Peace officer as described in section 16-2.5-101, C.R.S.;
(t)Pharmacist;
(u)Commercial film and photographic print processor as provided in subsection (2.5) of this section;
(v)Firefighter as defined in section 18-3-201 (1.5), C.R.S.;
(w)Repealed.
(x)Licensed professional counselors;
(y)Licensed marriage and family therapists;
(z)Unlicensed psychotherapists;
(I)Clergy member.
(II)The provisions of this paragraph
(aa)shall not apply to a person who acquires reasonable cause to know or suspect that a child has been subjected to abuse or neglect during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication.
(III)For purposes of this paragraph (aa), unless the context otherwise requires, "clergy member" means a priest, rabbi, duly ordained, commissioned, or licensed minister of a church, member of a religious order, or recognized leader of any religious body.
(bb)Registered dietitian who holds a certificate through the commission on dietetic registration and who is otherwise prohibited by 7 CFR 246.26 from making a report absent a state law requiring the release of this information;
(cc)Worker in the state department of human services;
(dd)Juvenile parole and probation officers;
(ee)Child and family investigators, as described in section 14-10-116.5, C.R.S.;
(ff)Officers and agents of the state bureau of animal protection, and animal control officers;
(gg)The child protection ombudsman as created in article 3.3 of this title;
(hh)Educator providing services through a federal special supplemental nutrition program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;
(ii)Director, coach, assistant coach, or athletic program personnel employed by a private sports organization or program. For purposes of this paragraph (ii), "employed" means that an individual is compensated beyond reimbursement for his or her expenses related to the private sports organization or program.
(jj)Person who is registered as a psychologist candidate pursuant to section 12-245-304 (3), marriage and family therapist candidate pursuant to section 12-245-504 (4), or licensed professional counselor candidate pursuant to section 12-245-604 (4), or who is described in section 12-245-217;
(kk)Emergency medical service providers, as defined in sections 25-3.5-103
(8)and 25- 3.5-103
(12)and certified or licensed pursuant to part 2 of article 3.5 of title 25;
(ll)Officials or employees of a county department of health or a county department of human or social services;
(mm)Naturopathic doctor registered under article 250 of title 12; and
(nn)Employees of the department of early childhood.
(2.5) Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child engaged in an act of sexual conduct shall report such fact to a local law enforcement agency immediately or as soon as practically possible by telephone and shall prepare and send a written report of it with a copy of the film, photograph, video tape, negative, or slide attached within thirty-six hours of receiving the information concerning the incident.
(3)In addition to those persons specifically required by this section to report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in abuse or neglect, any other person may report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in child abuse or neglect to the local law enforcement agency, the county department, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.
(3.2) A person specified in subsection
(2)or
(3)of this section shall not make a report due to a family's or child's race, ethnicity, socioeconomic status, or disability status. In addition, the reporting requirement described in subsection (1)(a) of this section does not apply if the basis for the report arises from concerns solely due to any of the following criteria:
(a)Socioeconomic status, which includes factors such as inadequate housing, furnishings, income, or clothing; or
(b)Disability.
(3.3)
(a)A person specified in subsection
(2)of this section shall not delegate the duty to make the report required by subsection (1)(a) of this section to another person who does not have firsthand knowledge of the suspected child abuse or neglect.
(b)An entity that employs a person specified in subsection
(2)or (2.5) of this section may develop protocols regarding the process for making the report required by subsection (1)(a) of this section. The protocols must comply with state law and regulations. Representatives of the entity shall not deter or impede a person from filing a report required by subsection (1)(a) of this section.
(3.5) No person, including a person specified in subsection
(1)of this section, shall knowingly make a false report of abuse or neglect to a county department, a local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.
(4)Any person who willfully violates the provisions of subsection
(1)of this section or who violates the provisions of subsection (3.5) of this section:
(a)Commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3- 501; and
(b)Shall be liable for damages proximately caused thereby.
(5)No person shall be prosecuted, tried, or punished for an offense that pertains to a report of unlawful sexual behavior as defined in section 16-22-102
(9)and under circumstances when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to unlawful sexual behavior as defined in section 16-22-102
(9)or observed the child being subjected to circumstances or conditions that would reasonably result in unlawful sexual behavior as defined in section 16-22-102
(9)unless the indictment, information, complaint, or action for the same is found or instituted within three years after the commission of the offense. The limitation for commencing criminal proceedings concerning acts of failure to report child abuse other than those involving acts described in this subsection
(5)are governed by section 16- 5-401.