COLORADO

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WHO:        Anyone MAY report known or suspected child abuse or neglect.  [Rev. Stat. § 19-3-304]

These are mandatory (MUST report): • Physicians, surgeons, physicians in training, child health associates, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, nurses, hospital personnel, dental hygienists, physical therapists, pharmacists, or registered dieticians • Public or private school officials or employees • Social workers, Christian Science practitioners, mental health professionals, psychologists, professional counselors, or marriage & family therapists • Veterinarians, peace officers, firefighters, or victim’s advocates • Commercial film & photo print processors • Counselors, marriage & family therapists, or psychotherapists • Clergy members, including priests; rabbis; ordained, commissioned, or licensed ministers of a church; members of religious orders; or recognized leaders of religious bodies • Workers in the State Department of Human Services • Juvenile parole and probation officers • Child and family investigators • Officers and agents of the State Bureau of Animal Protection and animal control officers • The child protection ombudsman • Educators providing services through a federal supplemental nutrition program for women, infants, & children (42 U.S.C. § 1786) • Directors, coaches, assistant coaches, or athletic program personnel employed by private sports programs or organizations • Candidates for: registered psychologist, marriage & family therapist, or licensed professional counselor • Emergency medical service providers • Officials or employees of county departments of health, human services, or social services • Registered naturopathic doctors.  [Rev. Stat. § 19-3-304]

·        NOTE: The mandate is NOT limited to observations that are made while reporters practice their professions. It covers observations made at any time.

·       STANDARD:  [Rev. Stat. §§ 19-3-304; -401]      Child means under age 18.

                              (1)      For all mandatory reporters: (a) reasonable cause to know or suspect child abuse or neglect; or (b) observation of a child being subjected to circumstances or conditions that would reasonably result in abuse or neglect.

                              (2)      For commercial film & photo print processors: know of or observe any film, photo, video, negative, or slide depicting a child in an act of sexual conduct.

                              (3)      For other reporters: (reasonable cause to) know or suspect (a) child abuse or neglect; or (b) circumstances or conditions which might reasonably result in it.

                              (4)      NOTE:  Reporting mandates do NOT apply if the potential reporter:

(a)   Does not learn of suspected abuse or neglect before the child is age > 18; or

(b)   Has no reasonable cause to know or suspect that for a child now under age 18 a perpetrator: (i) abused, neglected, or subjected him/her to circumstances / conditions; OR (ii) was at all responsible for the child during the act.

·       PRIVILEGE: Clergy-penitent privilege stands. Physician-patient, psychologist-client, and husband-wife privilege do NOT.  [Rev. Stat. §§ 19-3-304; -311]

WHEN:      If mandated: IMMEDIATE oral report; then PROMPT written report.  But film & photo processors: immediate phone report or as soon as practically possible; then a written report within 36 HOURS after receipt of image(s).  [Rev. Stat. §§ 19-3-304; 19-3-307] 

WHERE & HOW:  Most mandated reporters must contact any of: (1) the county Department of Human or Social Services (DHSS); (2) a law enforcement agency; or (3) the Colorado Child Abuse and Neglect Hotline; and follow up in writing. [Rev. Stat. §§ 19-3-304; -307; -308; 26-5-11]  Cases involving incidents BY a third party over age 10 are automatically referred to local law enforcement for investigation and coordination.  [Rev. Stat. § 19-3-308 at (5.3)(a)]

·       For a child in a life-threatening situation:                         Dial 911; report afterward.

[https://www.colorado.gov/pacific/cssrc/mandatory-reporting]

·       Child Abuse & Neglect Hotline (24/7):      1-(844)-264-5437        [1-(844)-CO-4-Kids]

·       For film & photo processors:  report to a law enforcement agency by PHONE initially.  Attach a copy of the film, photo, video, negative, or slide to the follow-up written report.

·       SUSPICIOUS DEATH: report to a local law enforcement agency and county medical examiner (coroner).  [Rev. Stat. § 19-3-305; Code Regs. § 12 CCR 2509-2(7.106.1)]

·       CONTACT INFORMATION:

o   Colorado law enforcement directory: https://www.usacops.com/co/

o   Colorado county DHSS directory / county DHSS Child Protective Services: https://www.colorado.gov/pacific/cdhs/contact-your-county

o   Colorado medical examiners: contact the county coroner (but only forensic pathologists can do autopsies)  [Rev. Stat. § 30-10-606.5]

§  Colorado Coroners Association (directory of county coroners): https://coloradocoronersassociation.colorado.gov/colorado-coroners-by-county

§  Colorado Forensic Pathologists (directory of county forensic pathologists): https://members.cms.org/directory/search/?s=Forensic+Pathology

·       REPORT DETAILS: the following, to the extent possible: (a) the child’s name, address, age, sex, and race; (b) the suspected person(s)’s name(s) and address(es); (c) nature and extent of injuries, including any evidence of previous abuse or neglect of the child or his/her siblings; (d) [redundant]; (e) family composition; (f) source of the reporter’s info and the reporter’s name, address and occupation; (g) any action taken by the reporter; and (g) any other info s/he believes may be helpful.   [Rev. Stat. § 19-3-307]

·       REPORTER PROTECTION: (1) Mandatory reporters must give their name, address and occupation.  [Rev. Stat. § 19-3-307]  (2) The reporter’s identity is protected.  [Rev. Stat. § 19-1-307]  (3) Any reporter in good faith is immune from civil and criminal liability and job termination, unless s/he was (a) a perpetrator, complicitor, coconspirator, or accessory, or (b) a court determines s/he was willful, wanton and malicious. Good faith is presumed.  [Rev. Stat. § 19-3-309] 

WHY:        (1) Willfully failing to make a mandated report is a class 3 misdemeanor punishable by < 6 months in jail and/or $50 – $750 fine, and is also liable for proximately caused damages.  [Rev. Stat. § 19-3-304(4)]  (2) Knowingly making a false report to a county department or local law enforcement agency is a class 3 misdemeanor and has the same penalties.  [Rev. Stat. § 19-3-304(3.5)] 

WHAT:      Colorado defines child abuse as including any of: (I) non-accidental physical injuries; (II) sexual abuse / exploitation; (III) non-provision [neglect]; (IV) emotional abuse; (V) abandonment / mistreatment / lack of proper parental care / injurious environment [aggravated neglect]; (VI) exposure to drug manufacture; (VII) fetal drug exposure; and (VIII) human trafficking for sexual servitude.  [Rev. Stat. § 19-1-103]

Initial Screening Criteria: (a) specific allegations of known or suspected abuse or neglect as defined in statutes and regulations; (b) sufficient facts to locate the alleged victim; and (c) a victim under age 18.  [Rev. Stat. § 19-3-308; Code Regs. § 12 CCR 2509-2(7.103.3)]

Reportable: (1) the child’s birth mother for fetal drug exposure; (2) a parent, guardian, or custodian for non-provision or abandonment / mistreatment / lack of proper parental care; or (3) anyone for physical abuse, sexual abuse, emotional abuse, injurious environment, drug manufacture in the child’s presence / premises / residence, or for human trafficking for sexual servitude.  [Rev. Stat. §§ 19-1-103(1)(a)(I) ff.]

·     Persons responsible for the child means a child's parent, legal guardian, custodian, or any other person responsible for the child's health and welfare.  [Rev. Stat. § 19-1-103]  But “any other person responsible” is not cited in these child abuse definitions.

I. Physical Injuries (a) threaten a child’s health or welfare (b) by an act or omission (c) by anyone, (d) resulting in any of the following harms:  [Rev. Stat. § 19-1-103(1)(a)(I)] 

(A)     Injury: (a) skin bruising; (b) bleeding; (c) malnutrition; (d) failure to thrive; (e) burns; (f) bone fracture; (g) subdural hematoma; (h) soft tissue swelling; or (i) death; where

(B)     It is nonaccidental if: (a) it is not justifiably explained; (b) the account is at variance with the degree or type; OR (c) circumstances indicate it may not be accidental.

NOTE #1: Reasonable parental discipline is NOT abuse.  [Rev. Stat. § 19-1-103]

NOTE #2: A peace officer’s reasonably necessary acts to subdue and take a child into custody while doing duty in good faith are NOT abuse.  [Rev. Stat. § 19-1-103]

NOTE #3: Abuse assessments consider child-rearing practices of the child’s culture, including work-related agricultural practices.  [Rev. Stat. § 19-1-103]

II. Sexual Abuse / Exploitation: means (a) an act or omission (b) subjecting a child to (c) unlawful sexual behavior.  [Rev. Stat. §§ 19-1-103(1)(a)(II); 16-22-102]

(A)      Unlawful sexual behavior on a child means any of the following (regardless of being actual, criminal attempt, conspiracy, solicitation, or aggravated): (a) sexual assault; (b) enticement; (c) incest; (d) trafficking for sexual servitude; (e) sexual exploitation (s.e.); (f) procurement for s.e.; (g) indecent exposure; (h) soliciting for prostitution (prost.); (i) pandering; (j) procurement; (k) pimping; (l) inducing prost.; (m) patronizing a prost’d child; (n) sex in a correctional institution; (o) promoting obscenity; (p) Internet luring; (q) Internet s.e.; (r) public indecency; (s) invasion of privacy; or (t) kidnapping.

(B)      Incest means marriage, sexual penetration, sexual intrusion, or sexual contact, knowing the other person is one’s: (a) ancestor or descendant, including a natural child, adopted child, or stepchild age 21 or older; (b) brother or sister, of whole or half blood; or (c) uncle, aunt, nephew, or niece, of whole blood. But it is not incest with the adopted or step-child if the actor is legally married to him/her. [Rev. Stat. §§ 18-6-301(1); 18-6-302(1)]

(C)     Context: the age of consent is (a) 17, or (b) 15 or 16 for a sex partner less than 10 years older and not the spouse, or (c) younger if the sex partner is the legal spouse. For (consenting) victims under age 15, it is a “Romeo and Juliet” defense that the offender is less than 4 years older.  [Rev. Stat. §§ 18-3-402(1)(d)-(e); 18-3-405(1)]

(D)     There is no consent where the other person: (a) coerces submission; (b) knows that the victim does not understand the nature of the act; (c) knows that the victim incorrectly believes him/her to be their spouse; (d) uses a position of supervisory or disciplinary authority to coerce sexual submission in legal custody or in hospital or other detention; (e) engages in a purported medical service inconsistent with or for reasons other than a bona fide medical purpose; or (f) knows that the victim is physically helpless and did not consent.  [Rev. Stat. § 18-3-402(1)(a)-(c),(f)-(h)]

III. Non-Provision (neglect): (a) a child’s (b) parent / guardian / custodian (c) failed to provide food, clothing, shelter, medical care, or supervision (d) that a prudent parent would (e) so the child needs (DHSS) services.  [Rev. Stat. §§ 19-1-103(1)(a)(III); 19-3-103] 

(A)     RELIGION: Using solely prayer in lieu of medical treatment, by a recognized method of religious healing, is NOT neglect, BUT the parent’s religious rights must not limit a child’s access to medical care in a life-threatening situation.  [Rev. Stat. § 19-3-103]

IV. Emotional Abuse: (a) a child is (b) subjected to (c) an identifiable, substantial impairment or substantial risk of it, in (c) his/her intellectual or psychological functioning or development.  [Rev. Stat. § 19-1-103(1)(a)(IV)]

V. [Alienation] (aggravated neglect): (1)(a) the child’s (b) parent, legal guardian, or custodian, (c) did any of: (i) abandoned the child; (ii) mistreated or abused the child or allowed another to do so without lawful efforts to stop it and prevent recurrence; (iii) had acts or omissions, thus the child lacks proper parental care; OR (2) the child’s environment is injurious to his/her welfare.  [Rev. Stat. §§ 19-1-103(1)(a)(V); 19-3-102(a)-(c)] 

VI. Exposure to Drug Manufacture: (a) in the child’s (b) presence, premises, or residence (c) a controlled substance is (d) manufactured or attempted to be. “Controlled substance” means any drug, substance, or immediate precursor, including cocaine, marijuana, marijuana concentrate, cathinones, any synthetic cannabinoid, and Salvia divinorum.   [Rev. Stat. §§ 19-1-103(1)(a)(VI); 18-18-102(5)]  

VII. Fetal Drug Exposure: (a) a child at birth (b) tests positive for a schedule I or II controlled substance (c) that is NOT a result of (d) the mother’s lawful taking a prescribed schedule II controlled substance.  [Rev. Stat. §§ 19-1-103(1)(a)(VII); 18-18-203, -204]  

VIII. Human Trafficking: (a) a child (b) is subjected to human trafficking for sexual servitude, meaning that: the (i) perpetrator knowingly (ii) sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means (c) another person for the purpose of (iii) coercing the person to engage in (iv) commercial sexual activity.  [Rev. Stat. §§ 19-1-103(1)(a)(VIII); 18-3-504(1)(a)]