2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-304 - [Effective Until 8/7/2024] Persons required to report child abuse or neglect

(1)
(a)
Except as otherwise provided by section
19-3-307
, section
25-1-122 (4)(d)
, C.R.S., and paragraph (b) of this subsection (1), any 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 such information report or cause a report to be made of such fact 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
, C.R.S.
(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.
(2)
Persons required to report such abuse or neglect or circumstances or conditions include any:
(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)
Victim's advocate, as defined in section
13-90-107 (1)(k)(II)
, C.R.S.;
(x)
Licensed professional counselors;
(y)
Licensed marriage and family therapists;
(z)
Unlicensed psychotherapists;
(aa)
(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 county departments of health, human services, 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.
(3.5)
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
.
Amended by 2022 Ch. 381, § 35, eff. 1/1/2023.
Amended by 2022 Ch. 123, § 37, eff. 7/1/2022.
Amended by 2021 Ch. 462, § 389, eff. 3/1/2022.
Amended by 2020 Ch. 304, § 65, eff. 7/14/2020.
Amended by 2019 Ch. 136, § 112, eff. 10/1/2019.
Amended by 2019 Ch. 396, § 13, eff. 5/31/2019.
Amended by 2019 Ch. 56, § 1, eff. 3/28/2019.
Amended by 2017 Ch. 302, § 8, eff. 8/9/2017.
Amended by 2016 Ch. 230, § 13, eff. 7/1/2016.
Amended by 2014 Ch. 336, § 11, eff. 8/6/2014.
Amended by 2013 Ch. 220, § 1, eff. 7/1/2014.
Amended by 2013 Ch. 77, § 6, eff. 8/7/2013.
Amended by 2013 Ch. 219, § 2, eff. 5/14/2013.
Amended by 2013 Ch. 51, § 2, eff. 3/22/2013.
L. 87: Entire title R&RE, p. 764, § 1, effective October 1. L. 90: (2)(m) amended, P. 1394, § 2, effective May 24; (3.5) added and IP(4) amended, p. 1023, § 1, effective July 1. L. 93: (1) amended, p. 1609, § 1, effective June 6; (2) amended, p. 1735, § 29, effective July 1. L. 95: (2)(w) added, p. 949, § 5, effective July 1. L. 96: (2.5) amended, p. 83, § 8, effective March 20; (2)(m) amended, p. 265, § 16, effective July 1. L. 97: (2)(v) amended, p. 1013, § 19, effective August 6. L. 2001: (2)(x), (2)(y), and (2)(z) added, p. 160, § 1, effective July 1. L. 2002: (1) amended, p. 568, § 2, effective May 24; (2)(aa) added, p. 1145, § 1, effective June 3; (1) amended, p. 1592, § 30, effective July 1; (4)(a) amended, p. 1527, § 231, effective October 1. L. 2003: (2)(m) amended and (2)(cc) added, p. 660, § 1, effective March 20; (2)(bb) added, p. 666, § 1, effective March 20; (2)(s) amended, p. 1616, § 18, effective August 6. L. 2005: (2)(dd), (2)(ee), and (2)(ff) added, p. 357, § 1, effective April 22; (2)(ee) amended, p. 963, § 9, effective July 1. L. 2010: (2)(gg) added, (SB 10-171), ch. 982, p. 982, § 4, effective May 14; (1) amended, (SB 10-066), ch. 2060, p. 2060, § 1, effective June 10; (2)(h) amended, (HB 10-1224), ch. 2161, p. 2161, § 25, effective July 1. L. 2011: IP(2) and (2)(z) amended, (SB 11-187), ch. 1328, p. 1328, § 71, effective July 1; (2)(hh) added, (SB 11-034), ch. 390, p. 390, § 1, effective 1/1/2012. L. 2013: (2)(hh) amended and (2)(ii) added, (SB 13 -012), ch. 173, p. 173, § 2, effective March 22; (1)(a), (3), and (3.5) amended, (HB 13-1271), ch. 1021, p. 1021, § 2, effective May 14; (2)(jj) added, (HB 13 -1104), ch. 249, p. 249, § 6, effective August 7; (2)(kk) added, (SB 13-220), ch. 1023, p. 1023, § 1, effective 7/1/2014. L. 2014: (2)(v) amended, (HB 14-1214), ch. 1499, p. 1499, § 11, effective August 6. L. 2016: (1)(a) amended, (SB 16-146), ch. 918, p. 918, § 13, effective July 1. L. 2017: (2)(jj) and (2)(kk) amended and (2)(mm) added, (SB 17-106), ch. 1650, p. 1650, § 8, effective August 9; (2)(jj) and (2)(kk) amended and (2)(ll) added, (HB 17-1185), ch. 710, p. 710, § 2, effective December 31. L. 2019: (5) added, (SB 19 -049), ch. 195, p. 195, § 1, effective March 28; (2)(kk) amended, (SB 19-242), ch. 3528, p. 3528, § 13, effective May 31; (2)(jj) and (2)(mm) amended, (HB 19-1172), ch. 1682, p. 1682, § 112, effective October 1. L. 2020: (2)(z) amended, (HB 20-1206), ch. 1551, p. 1551, § 65, effective July 14. L. 2021: (4)(a) amended, (SB 21-271), ch. 3220, p. 3220, § 389, effective 3/1/2022.
(1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (2)(cc) was originally numbered as (2)(bb) in House Bill 03-1037 but has been renumbered on revision for ease of location.
(3) 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.
2022 Ch. 381, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration contained in the 2002 act amending subsection (4)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2005 act amending subsection (2)(ee), see section 1 of chapter 244, Session Laws of Colorado 2005. For the legislative declaration in the 2013 act amending subsection (2)(hh) and adding subsection (2)(ii), see section 1 of chapter 51, Session Laws of Colorado 2013.