2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PREVENTION, INTERVENTION, AND TREATMENT SERVICES (§§ 25-20.5-101 — 25-20.5-2207) › Article 20.5 - PREVENTION, INTERVENTION, AND TREATMENT SERVICES FOR CHILDREN AND YOUTH (§§ 25-20.5-101 — 25-20.5-2207) › Part 4 - CHILD FATALITY PREVENTION ACT (§§ 25-20.5-401 — 25-20.5-409) › Section 25-20.5-408 - Access to records

(1)
Review team access to records.
(a)
Notwithstanding any other state law to the contrary but subject to the requirements of applicable provisions of federal law, the state review team and the local or regional review teams have access to all records and information in the possession of the state department of human services and the county departments of human or social services that are relevant to the review of a child fatality, including records and information related to previous reports and investigations of suspected child abuse or neglect.
(b)
Except as otherwise provided in paragraph (c) of this subsection (1), notwithstanding any other state law to the contrary, but subject to the requirements of applicable provisions of federal law, the state review team and the local or regional review teams shall have access to all other records and information that are relevant to a review of a child fatality and that are in the possession of a state or local governmental agency. These records include, but are not limited to, birth certificates, records of coroner or medical examiner investigations, and records of the department of corrections.
(c)
Treatment records for behavioral, mental health, or substance use disorders may be accessed only with the written consent of appropriate parties in accordance with applicable federal and state law.
(2)
Public access to records and information.
(a)
Open meetings.
Meetings of the state review team and local or regional review teams shall be subject to the provisions of section
24-6-402
, C.R.S.
(b)
Confidentiality.
Each member of the state review team, each member of a local or regional review team, and each invited participant at a meeting shall sign a statement indicating an understanding of and adherence to confidentiality requirements. A person who knowingly violates confidentiality requirements commits a petty offense and, upon conviction, shall be punished as provided in section
18-1.3-503
.
(c)
Release of information.
(I)
Members of the state review team, members of the local or regional review teams, a person who attends a review team meeting, and a person who presents information to a review team may release information to governmental agencies as necessary to fulfill the requirements of this part 4, including section
25-20.5-405 (2)(d)
, and section
19-3.3-103 (1)(a)(II)(D)
.
(II)
Members of the state review team, members of the local or regional review teams, a person who attends a review team meeting, and a person who presents information to a review team shall not be subject to examination, in any civil or criminal proceeding, concerning information presented to members of the review team or opinions formed by the review team based on that information. A person may, however, be examined concerning information reviewed by the state review team or a local or regional review team that is otherwise available to the public or that is required to be revealed by that person in another official capacity.
(III)
Information, documents, and records of the state review team and the local or regional review teams shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; except that information, documents, and records that would otherwise be available from a person serving on the state review team or a local or regional review team or that would otherwise be required to be revealed by law shall not be immune from subpoena, discovery, or introduction into evidence solely because the information was presented at or became available due to a proceeding of the state review team or a local or regional review team.
(IV)
Information received by the state review team or a local or regional review team that contains information exculpatory to a person charged with a criminal offense shall be subject to release pursuant to the rules of criminal procedure.
Amended by 2021 Ch. 462, § 477, eff. 3/1/2022.
Amended by 2021 Ch. 324, § 3, eff. 6/24/2021.
Amended by 2018 Ch. 38, § 105, eff. 8/8/2018.
Amended by 2017 Ch. 263, § 196, eff. 5/25/2017.
Amended by 2013 Ch. 222, § 8, eff. 5/14/2013.
L. 2005: Entire part added, p. 981, § 1, effective June 2. L. 2013: Entire section amended, (SB 13-255), ch. 1036, p. 1036, § 8, effective May 14. L. 2017: (1)(c) amended, (SB 17-242), ch. 1326, p. 1326, § 196, effective May 25. L. 2018: (1)(a) amended, (SB 18-092), ch. 442, p. 442, § 105, effective August 8. L. 2021: (2)(c)(I) amended, (HB 21-1272), ch. 1986, p. 1986, § 3, effective June 24; (2)(b) amended, (SB 21-271), ch. 3240, p. 3240, § 477, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.