CO Code § 19-1-304 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 1 - General Provisions|Part 3 - Records and Information|§ 19-1-304. Juvenile Delinquency Records - Division of Youth Services Critical Incident Information - Definitions

     Court records - open. Except as provided in subsection (1)(b.5) of this section, court records in juvenile delinquency proceedings or proceedings concerning a juvenile charged with the violation of any municipal ordinance except a traffic ordinance are open to inspection to the following persons without court order:   The juvenile named in said record;    The juvenile's parent, guardian, legal custodian, or attorney;    Any attorney of record;    The juvenile's guardian ad litem;    The juvenile probation department and the adult probation department for purposes of a presentence investigation and the preparation of a presentence report as described in section 16-11-102 (1)(a), C.R.S.;    Any agency to which legal custody of the juvenile has been transferred;    Any law enforcement agency or police department in the state of Colorado;  (VII.5) The Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase;     A court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;    Any attorney of record in a juvenile or domestic action in which the juvenile is named;    The state department of human services;    Any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;    All members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);    Any person or agency for research purposes, if all of the following conditions are met:   The person or agency conducting the research is employed by the state of Colorado or is under contract with the state of Colorado and is authorized by the department of human services to conduct the research; except that the department of public safety is not required to obtain prior authorization from the department of human services for purposes of this subsection (1)(a)(XIII);    The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed; and    Any data released must only be in aggregate form;       The victim and the complaining party, if different, identified in the court file;    The department of corrections for aid in determinations of recommended treatment, visitation approval, and supervised conditions;    The principal, or the principal's designee, of a school in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee;    The department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the “Colorado Educator Licensing Act of 1991”, article 60.5 of title 22, C.R.S.       Court records - limited. With consent of the court, records of court proceedings in delinquency cases may be inspected by any other person having a legitimate interest in the proceedings.  (b.5) Arrest and criminal records - certain juveniles - public access - information limited. The public has access to information reporting the arrest or other formal filing of charges against a juvenile; the identity of the criminal justice agency taking such official action relative to an accused juvenile; the date and place that such official action was taken relative to an accused juvenile; the nature of the charges brought or the offenses alleged; and one or more dispositions relating to the charges brought against an accused juvenile, when this information:   Is in the custody of the investigating law enforcement agency, the agency responsible for filing a petition against the juvenile, and the court; and    Concerns a juvenile who:   Is adjudicated a juvenile delinquent or is subject to a revocation of probation for committing the crime of possession of a handgun by a juvenile or for committing an act that would constitute a class 1, 2, 3, or 4 felony or would constitute any crime that involves the use or possession of a weapon if such act were committed by an adult; or    Is charged with the commission of any act described in sub-subparagraph (A) of this subparagraph (II).  (b.7) The information that is open to the public pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with the commission of a delinquent act shall not include records of investigation as such records are described in section 24-72-305 (5) . In addition, any psychological profile of any such juvenile, any intelligence test results for any such juvenile, or any information regarding whether such juvenile has been sexually abused is not open to the public unless released by an order of the court. The information that is open to the public pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with a delinquent act shall not include the juvenile's name, birth date, or photograph.   (b.8) The court shall report the final disposition concerning a juvenile who has been adjudicated a juvenile delinquent to the Colorado bureau of investigation in a form that is electronically consistent with applicable law. The report must be made within seventy-two hours after the final disposition; except that the time period shall not include Saturdays, Sundays, or legal holidays. The report must include the disposition of each charge and the court case number, and the Colorado bureau of investigation shall reflect any change of status but shall not delete or eliminate information concerning the original charge. Colorado bureau of investigation records regarding juvenile offenses are not open to the public.           Probation records - limited access. Except as otherwise authorized by section 19-1-303, a juvenile probation officer's records, whether or not part of the court file, are not open to inspection except as provided in subsection (1)(c)(I) to (1)(c)(XI) of this section:   To persons who have the consent of the court;    To law enforcement officers, as defined in section 19-1-103 (72), and to fire investigators, as defined in section 19-1-103 (51). The inspection shall be limited to the following information:   Basic identification information as defined in section 24-72-302 (2), C.R.S.;    Details of the offense and delinquent acts charged;    Restitution information;    Juvenile record;    Probation officer's assessment and recommendations;    Conviction or plea and plea agreement, if any;    Sentencing information; and    Summary of behavior while the juvenile was in detention, if any;  (II.5) To the Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase. The inspection shall be limited to the information identified in sub-subparagraphs (A) to (H) of subparagraph (II) of this paragraph (c).     To the juvenile named in the record;       To a court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;    To any attorney of record in a juvenile or domestic action in which the juvenile is named;    To the state department of human services;    To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;    To all members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);  (VII.5) To the juvenile named in the record;     To the juvenile's parent, guardian, legal custodian, or attorney;    To the juvenile's guardian ad litem;    To the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee; or    To the department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the “Colorado Educator Licensing Act of 1991”, article 60.5 of title 22, C.R.S.    To the juvenile's parent, guardian, legal custodian, or attorney; or    By order of the court, upon a finding of a legitimate interest in and need to review the social and clinical studies.       Social and clinical studies - closed - court authorization. Except as otherwise authorized by section 19-1-303, any social and clinical studies, including all formal evaluations of the juvenile completed by a professional, whether or not part of the court file or any other record, are not open to inspection, except:         Law enforcement records in general - closed. Except as otherwise provided by subsection (1)(b.5) of this section and otherwise authorized by section 19-1-303, the records of law enforcement officers concerning juveniles, including identifying information, must be identified as juvenile records and must not be inspected by or disclosed to the public, except:   To the juvenile and the juvenile's parent, guardian, legal custodian, or attorney;    To other law enforcement agencies and to fire investigators, as defined in section 19-1-103 (51), who have a legitimate need for such information;  (II.5) To the Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase;     To the victim and the complaining party, if different, in each case after authorization by the district attorney or prosecuting attorney;    When the juvenile has escaped from an institution to which such juvenile has been committed;    When the court orders that the juvenile be tried as an adult criminal;    When there has been an adult criminal conviction and a presentence investigation has been ordered by the court;    By order of the court;    To a court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;    To any attorney of record in a juvenile or domestic action in which the juvenile is named;    To the state department of human services;    To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;    To all members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);    To the juvenile's guardian ad litem;    To any person or agency for research purposes, if all of the following conditions are met:   The person or agency conducting such research is employed by the state of Colorado or is under contract with the state of Colorado and is authorized by the department of human services to conduct such research; except that the department of public safety does not need to obtain prior authorization from the department of human services for the purposes of this subsection (2)(a)(XIV)(A); and    The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed;       To the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee;    To assessment centers for children;    To the department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the “Colorado Educator Licensing Act of 1991”, article 60.5 of title 22, C.R.S.       The fingerprints, photograph, name, address, and other identifying information regarding a juvenile may be transmitted to the Colorado bureau of investigation to assist in any apprehension or investigation and for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase. (2.5) Parole records. Parole records are open to inspection by the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, by the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee. Parole records are also open to inspection by assessment centers for children and by the juvenile named in the record and the juvenile's parent, guardian, legal custodian, or attorney.       Prior to adjudication, the defense counsel, the district attorney, the prosecuting attorney, or any other party to a pending delinquency petition with consent of the court must have access to records of any proceedings pursuant to this title 19, except as provided in section 19-1-309, which involve a juvenile against whom criminal or delinquency charges have been filed. No new criminal or delinquency charges against such juvenile may be brought based upon information gained initially or solely from such examination of records.    For the purpose of making recommendations concerning sentencing after an adjudication of delinquency, the defense counsel and the district attorney or prosecuting attorney shall have access to records of any proceedings involving the adjudicated juvenile pursuant to this title, except as provided in sections 19-1-307, 19-1-308, and 19-1-309. No new criminal or delinquency charges against the adjudicated juvenile shall be brought based upon information gained initially or solely from such examination of records.    Direct filings - arrest and criminal records open. Whenever a petition filed in juvenile court alleges that a juvenile between the ages of twelve to eighteen years has committed an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., or a crime of violence, as defined in section 18-1.3-406, C.R.S., if committed by an adult or whenever charges filed in district court allege that a juvenile has committed such an offense, then the arrest and criminal records information, as defined in section 24-72-302 (1), C.R.S., and including a juvenile's physical description, concerning such juvenile shall be made available to the public. The information is available only from the investigative law enforcement agency, the agency responsible for filing a petition, and the court, and shall not include records of investigation as such records are described in section 24-72-305 (5), C.R.S. Basic identification information, as defined in section 24-72-302 (2), C.R.S., along with the details of the alleged delinquent act or offense, shall be provided immediately to the school district in which the juvenile is enrolled. Such information shall be used by the board of education for purposes of section 22-33-105 (5), C.R.S., but information made available to the school district and not otherwise available to the public shall remain confidential. (5.5) Whenever a petition is filed in juvenile court alleging a class 1, class 2, class 3, or class 4 felony; a level 1, level 2, or level 3 drug felony; an offense involving unlawful sexual behavior as defined in section 16-22-102 (9) ; a crime of violence as described in section 18-1.3-406 ; a burglary offense as described in part 2 of article 4 of title 18; felony menacing, in violation of section 18-3-206 ; harassment, in violation of section 18-9-111 ; fourth degree arson, in violation of section 18-4-105 ; aggravated motor vehicle theft, in violation of section 18-4-409 ; hazing, in violation of section 18-9-124 ; or possession of a handgun by a juvenile, in violation of section 18-12-108.5 , or when a petition is filed in juvenile court in which the alleged victim of the crime is a student or staff person in the same school as the juvenile or in which it is alleged that the juvenile possessed a deadly weapon during the commission of the alleged crime, the prosecuting attorney, within three working days after the petition is filed, shall make good faith reasonable efforts to notify the principal of the school in which the juvenile is enrolled and shall provide such principal with the arrest and criminal records information, as defined in section 24-72-302 (1) . In the event the prosecuting attorney, in good faith, is not able to either identify the school that the juvenile attends or contact the principal of the juvenile's school, then the prosecuting attorney shall contact the superintendent of the juvenile's school district.    The department of human services shall release to the committing court, the prosecuting attorney, the Colorado bureau of investigation, and local law enforcement agencies basic identification information as defined in section 24-72-302 (2) concerning any juvenile released or released to parole supervision or any juvenile who escapes. This information is not open to the public.    In addition to the persons who have access to court records pursuant to subsection (1)(a) of this section, statewide electronic read-only access to the name index and register of actions of the judicial department must be allowed to the following agencies or persons:   County departments, as defined in section 19-1-103 (43), and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103 (42), as it relates to the attorneys' work representing the county;    The office of the state public defender, created in section 21-1-101, C.R.S.;    Guardians ad litem under contract with the office of the child's representative, created in section 13-91-104, C.R.S., or authorized by the office of the child's representative to act as a guardian ad litem, as it relates to a case in which they are appointed by the court;    Attorneys under contract with the office of the alternate defense counsel, created in section 21-2-101, as it relates to a case in which they are appointed by the court;    A respondent parent's counsel under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which they are appointed by the court; and    A licensed attorney working with a nonprofit association providing free legal assistance as it relates to screening an applicant for eligibility for free services or to a case in which the organization has entered an appearance to provide free representation, if the office of the alternate defense counsel agrees to monitor the attorney's use of the electronic name index and register of actions.       Division of youth services critical incident information.   For the purposes of this subsection (8), “critical incident” means any of the following:   An intentional physical or sexual act of aggression that:   Causes or attempts to cause serious bodily injury;    Causes bodily injury that requires only first aid or lesser attention; or    Causes no bodily injury;       Unauthorized physical or sexual contact caused through recklessness or negligence, where physical or sexual harm was not intended; or    An attempt to harm or gain power by blows or with weapons.       The department of human services, the division of youth services, or any agency with relevant information shall release the following information related to any critical incident, or aggregate of critical incidents, that occurred in a facility operated by the division of youth services upon request so long as the disclosing agency, except as described in subsection (8)(b)(V) of this section, redacts any identifying information, any information concerning security procedures or protocols, and any information that would jeopardize the safety of the community, youths, or staff:   The type of critical incident that occurred or a summary of types of critical incidents that have occurred within a given time frame;    A summary of whether the number and types of critical incidents are increasing or decreasing in frequency and severity;    On average, how many of the youth have been involved in multiple critical incidents and the average length of detainment;    A summary of responses to critical incidents by the facility involved, such as de-escalation or typical consequence imposed; and    A summary of any critical incident that has occurred, which summary must include a summary of any use of force on a youth, including any physical-management techniques or restraints utilized and any seclusion of a youth. The division shall not redact the information other than to protect the personal identifying information of any individual.       The division of youth services, the department of human services, or any agency with relevant information related to a critical incident shall provide redacted records related to the critical incident, provided confidentiality is maintained. The division may charge a fee in accordance with section 24-72-205.    The division of youth services may release to the public information at any time to correct inaccurate information pertaining to the critical incident that was reported in the news media, so long as the release of information by the division protects the confidentiality of any youth involved; is not explicitly in conflict with federal law; is not contrary to the best interest of the child who is the subject of the report, or his or her siblings; is in the public's best interest; and is consistent with the federal “Child Abuse Prevention and Treatment Reauthorization Act of 2010”, Pub.L. 111-320.    Except as otherwise authorized by section 19-1-303, all records prepared or obtained by the department of human services in the course of carrying out its duties pursuant to article 2.5 of this title 19 are confidential and privileged.         History. Source: L. 96: Entire part added with relocations, p. 1158, § 6, effective January 1, 1997; (1)(a)(XV) added, p. 1587, § 15, effective January 1, 1997. L. 98: (1)(a)(XI), (1)(c)(VI), and (2)(a)(XI) amended, p. 1407, § 66, effective February 1, 1999. L. 99: (1)(a)(V) amended, p. 316, § 5, effective July 1; (5) amended, p. 1144, § 1, effective July 1. L. 2000: (1)(b.8) added, p. 12, § 5, effective March 7; (1)(a)(VII.5), (1)(c)(II.5), and (2)(a)(II.5) added and (2)(b) amended, pp. 226, 227, §§ 1, 2, 3, 4, effective March 29; (1)(a)(XVI), (1)(c)(X), (2)(a)(XV), (2)(a)(XVI), and (2.5) added and IP(1)(c) and (5) amended, pp. 319, 320, §§ 3, 4, 5, 6, 9, effective April 7; (1)(a)(XVI), (1)(c)(X), and (5.5) added and IP(1)(c) amended, pp. 1964, 1965, §§ 6, 7, 8, effective June 2. L. 2001: (5.5) amended, p. 138, § 3, effective July 1. L. 2002: (5) amended, p. 1187, § 23, effective July 1; (5) amended, p. 1522, § 222, effective October 1. L. 2003: (1)(c)(II.5) amended, p. 1991, § 33, effective May 22. L. 2008: (1)(a)(XVII), (1)(c)(XI), and (2)(a)(XVII) added and IP(1)(c), (1)(c)(IX), and (1)(c)(X) amended, pp. 1667, 1668, §§ 10, 11, 12, effective May 29; (7) added, p. 1243, § 5, effective August 5. L. 2015: (8) added,(HB 15-1131), ch. 164, p. 499, § 2, effective May 8. L. 2016: IP(1)(a) and (1)(a)(XIII) amended,(HB 16-1098), ch. 103, p. 297, § 2, effective April 15; IP(7) and (7)(e) amended,(HB 16-1193), ch. 81, p. 207, § 2, effective July 1. L. 2017: IP(8)(b), (8)(b)(V), (8)(c), and (8)(d) amended,(HB 17-1329), ch. 381, p. 1965, § 6, effective June 6; IP(1)(a), (1)(a)(XII), IP(1)(c), (1)(c)(VII), IP(2)(a), and (2)(a)(XII) amended,(SB 17-016), ch. 107, p. 391, § 3, effective August 9; IP(1)(a), (1)(a)(II), (1)(a)(XIII)(A), IP(1)(b.5), (1)(b.7), (1)(b.8), IP(1)(c), (1)(c)(VIII), (1)(d), IP(2)(a), (2)(a)(I), (2)(a)(XIV)(A), (2.5), (3), (5.5), (6), IP(7), (7)(d), and (7)(e) amended and (1)(c)(VII.5) and (7)(f) added,(HB 17-1204), ch. 206, p. 771, § 1, effective November 1. L. 2021: (8)(e) amended,(SB 21-059), ch. 136, p. 729, § 69, effective October 1.    Editor's note:    This section was formerly numbered as § 19-1-119.    Amendments to subsection (1)(a)(XVI) by Senate Bill 00-133 and House Bill 00-1119 were harmonized.      Amendments to the introductory portion to subsection (1)(c) by Senate Bill 00-133 and House Bill 00-1119 were harmonized. (3) (a) Amendments to the introductory portion to subsection (1)(c) by Senate Bill 00-133 and House Bill 00-1119 were harmonized.    Subsection (1)(c)(XI) as enacted by Senate Bill 00-133 was renumbered as (1)(c)(X) and harmonized with subsection (1)(c)(X) as enacted by House Bill 00-1119.       Amendments to subsection (5) by House Bill 02-1046 and Senate Bill 02-010 were harmonized.    Subsection (7) was originally numbered as (8.5) in House Bill 08-1264 but has been renumbered on revision for ease of location.    Amendments to subsection IP(2)(a) by SB 17-016 and HB 17-1204 were harmonized, effective November 1, 2017.     Cross references:   For the legislative declaration contained in the 2000 act enacting subsection (1)(b.8), see section 1 of chapter 5, Session Laws of Colorado 2000. For the legislative declaration contained in the 2002 act amending subsection (5), see section 1 of chapter 318, Session Laws of Colorado 2002.   ANNOTATION   Law reviews. For article, “Review of New Legislation Relating to Criminal Law”, see 11 Colo. Law. 2148 (1982).   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   The disposition of arrest records is subject to legislative control. Davidson v. Dill, 180 Colo. 123 , 503 P.2d 157 (1972).   The Colorado Children's Code does not supply definition of “interested party”. In re People in Interest of C.P., 34 Colo. App. 54, 524 P.2d 316 (1974).   C.R.C.P. 24 has no application in proceeding under the Colorado Children's Code, as the code itself expressly contemplates the active participation of interested parties. People in Interest of M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234 (1974).