C.R.S. Section 13-80-103.9
Limitation of actions

  • failure to perform a background check by a public entity
  • injury to a child

(1)

As used in this section, unless the context otherwise requires:

(a)

“Child” means a person under eighteen years of age.

(b)

“Education employment required background check” means complying with sections 22-2-119 and 22-32-109.7, C.R.S.

(c)

“Sexual offense against a child” shall include all offenses listed in section 18-3-411 (1), C.R.S.

(2)

Notwithstanding any other statute of limitations specified in this article or any other provision of law, a civil action, as described in subsection (3) of this section, against a school district or charter school for failure to perform an education employment required background check may be brought at any time within two years after the age of majority of the plaintiff.

(3)

In bringing a civil action for failure to perform an education employment required background check pursuant to this section, a plaintiff shall make a prima facie showing of the following facts and circumstances:

(a)

The school district or charter school, in hiring an individual to work with children or in a setting with children, or the department of education did not perform an education employment required background check of the individual, and the failure to conduct the required background check was the result of the school district’s or charter school’s deliberate indifference or reckless disregard of its obligations to conduct the background check as provided by law; ordinary negligence or unintentional oversight is not sufficient.

(b)

The individual, at the time of hiring, had a criminal record that included one or more convictions for the offense of sexual assault as described in section 18-3-402, C.R.S., for a sexual offense against a child, or for child abuse as described in section 18-6-401, C.R.S., or the individual had been dismissed or had resigned from a school district under the circumstances described in section 22-32-109.7 (1)(b), C.R.S.; and

(c)

The individual committed one of the following offenses against a child with whom the individual came in contact in the course of his or her employment with the school district or charter school:

(I)

Sexual assault as described in section 18-3-402, C.R.S.;

(II)

Sexual offense against a child; or

(III)

Child abuse as described in section 18-6-401, C.R.S.

(4)

An action may not be brought pursuant to subsection (3) of this section if the defendant is deceased or is incapacitated to the extent that the school district or charter school is incapable of rendering a defense to the action.

Source: Section 13-80-103.9 — Limitation of actions - failure to perform a background check by a public entity - injury to a child, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑80‑101
General limitation of actions - three years 13‑80‑102
General limitation of actions - two years 13‑80‑102.5
Limitation of actions - medical or health care 13‑80‑103
General limitation of actions - one year 13‑80‑103.5
General limitation of actions - six years 13‑80‑103.6
General limitation of actions - domestic violence - six years - definition 13‑80‑103.7
General limitation of actions - sexual misconduct - third-party liability - definition 13‑80‑103.8
Limitation of civil forfeiture actions related to criminal acts 13‑80‑103.9
Limitation of actions - failure to perform a background check by a public entity - injury to a child 13‑80‑104
Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others 13‑80‑105
Limitation of actions against land surveyors 13‑80‑106
Limitation of actions against manufacturers or sellers of products 13‑80‑107
Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment 13‑80‑107.5
Limitation of actions for uninsured or underinsured motorist insurance - definitions 13‑80‑108
When a cause of action accrues 13‑80‑109
Limitations apply to noncompulsory counterclaims and setoffs 13‑80‑110
Causes barred in state of origin 13‑80‑111
Commencement of new action upon involuntary dismissal 13‑80‑112
When action survives death 13‑80‑113
New promise - effect of payment 13‑80‑114
Promise by one of parties in joint interest 13‑80‑115
Endorsement by payee - effect 13‑80‑116
Action against joint debtors or obligors 13‑80‑117
No dismissal for nonjoinder 13‑80‑118
Absence or concealment of a party subject to suit 13‑80‑119
Damages sustained during commission of a felonious act or in flight from the commission of a felonious act
Green check means up to date. Up to date

Current through Fall 2024

§ 13-80-103.9’s source at colorado​.gov