C.R.S. Section 19-3-103
Child not neglected

  • when

(1)

No child who in lieu of medical treatment is under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing shall, for that reason alone, be considered to have been neglected or dependent within the purview of this article. However, the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability. In order to make a determination as to whether the child is in a life-threatening situation or that the child’s condition will result in serious disability, the court may, as provided under section 19-1-104 (3), order a medical evaluation of the child. If the court determines, on the basis of any relevant evidence before the court, including the medical evaluation ordered pursuant to this section, that the child is in a life-threatening situation or that the child’s condition will result in serious disability, the court may, as provided under section 19-1-104 (3), order that medical treatment be provided for the child. A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to have been neglected or dependent for the purposes of this article and injured or endangered for the purposes of section 18-6-401, C.R.S.

(2)

A method of religious healing shall be presumed to be a recognized method of religious healing if:

(a)

Intentionally left blank —Ed.

(I)

Fees and expenses incurred in connection with such treatment are permitted to be deducted from taxable income as medical expenses pursuant to regulations or rules promulgated by the United States internal revenue service; and

(II)

Fees and expenses incurred in connection with such treatment are generally recognized as reimbursable health-care expenses under medical policies of insurance issued by insurers licensed by this state; or

(b)

Such treatment provides a rate of success in maintaining health and treating disease or injury that is equivalent to that of medical treatment.

(3)

Refusing an immunization on the grounds of medical, religious, or personal belief considerations, as set forth in section 25-4-903, or opting to exclude immunization notification information from the immunization tracking system established in section 25-4-2403 (7) by itself does not constitute child abuse or neglect by a parent or legal guardian for the purposes of this article 3.

(4)

Intentionally left blank —Ed.

(a)

A person who performs or has performed an action that is lawful pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44 does not constitute child abuse or neglect by a parent or legal guardian for purposes of this article 3, unless it threatens the health or welfare of a child.

(b)

The court shall not restrict or prohibit family time, or determine that family time is not in the child’s best interests, based solely on the fact that a person performs or has performed an action that is lawful pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44, unless the court finds that the child’s safety or mental, emotional, or physical health is at risk as a result of the family time.

Source: Section 19-3-103 — Child not neglected - when, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑3‑100.5
Legislative declarations - reasonable efforts - movement of children and sibling groups 19‑3‑102
Neglected or dependent child 19‑3‑103
Child not neglected - when 19‑3‑104
Hearings - procedure 19‑3‑201
Venue 19‑3‑201.5
Change of venue - county department and county attorney responsibilities - rules 19‑3‑202
Right to counsel and jury trial 19‑3‑203
Right to guardian ad litem and counsel for youth 19‑3‑205
Continuing jurisdiction 19‑3‑206
Representation of petitioner 19‑3‑207
Inadmissibility of certain evidence 19‑3‑208
Services - county required to provide - out-of-home placement options - rules - definitions 19‑3‑209
Individual case plan - required 19‑3‑210.5
Foster parents’ bill of rights 19‑3‑211
Conflict resolution process - rules - definitions 19‑3‑212
Notice of rights and remedies for families 19‑3‑213
Placement criteria 19‑3‑214
Placement reporting 19‑3‑215
Foster care - capacity may be exceeded for sibling groups 19‑3‑216
Rules 19‑3‑217
Family time upon removal - rules 19‑3‑301
Short title 19‑3‑302
Legislative declaration 19‑3‑304
Persons required to report child abuse or neglect 19‑3‑304.2
Mandatory reporter task force - creation - reporting - definitions - repeal 19‑3‑304.3
Domestic abuse task force - creation - best practices and training for recognition of domestic abuse as child abuse or neglect - policies and procedures - rules 19‑3‑304.5
Emergency possession of certain abandoned children - definition 19‑3‑305
Required report of postmortem investigation 19‑3‑306
Evidence of abuse - color photographs and X rays 19‑3‑307
Reporting procedures 19‑3‑308
Action upon report of intrafamilial, institutional, or third-party abuse - investigations - child protection team - rules - report 19‑3‑308.3
Differential response program for child abuse or neglect cases of low or moderate risk - rules - evaluation 19‑3‑308.5
Recorded interviews of child 19‑3‑309
Immunity from liability - persons reporting 19‑3‑309.5
Preconfirmation safety plan agreement - first-time minor incidents of child abuse or neglect - rules 19‑3‑310
Child abuse and child neglect diversion program 19‑3‑311
Evidence not privileged 19‑3‑312
Court proceedings 19‑3‑313.5
State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality 19‑3‑315
Federal funds 19‑3‑317
Screening tool - human trafficking 19‑3‑401
Taking children into custody 19‑3‑402
Duty of officer - notification - release or detention 19‑3‑403
Temporary custody - hearing - time limits - restriction - rules 19‑3‑403.5
Temporary shelter 19‑3‑404
Temporary shelter - child’s home 19‑3‑405
Temporary protective custody 19‑3‑406
Relatives or kin as providers of emergency, nonemergency, or continued placement for children or youth - initial criminal history record check - fingerprint-based criminal history record check - criteria for disqualification - use of criminal justice records - rules - definitions 19‑3‑500.2
Legislative declaration 19‑3‑501
Petition initiation - preliminary investigation - informal adjustment 19‑3‑502
Petition form and content - limitations on claims in dependency or neglect actions 19‑3‑503
Summons - issuance - contents - service 19‑3‑504
Contempt - warrant 19‑3‑505
Adjudicatory hearing - findings - adjudication 19‑3‑506
Child with a mental health disorder or an intellectual and developmental disability - procedure 19‑3‑507
Dispositional hearing - rules 19‑3‑508
Neglected or dependent child or youth - disposition - concurrent planning - definition 19‑3‑601
Short title 19‑3‑602
Motion for termination - separate hearing - right to counsel - no jury trial 19‑3‑603
Notice - abandonment 19‑3‑604
Criteria for termination 19‑3‑605
Request for placement with family members 19‑3‑606
Review of child’s disposition following termination of the parent-child legal relationship 19‑3‑607
Expert testimony 19‑3‑608
Effect of decree 19‑3‑609
Appeals - time requirements 19‑3‑610
Budgetary allocation for expenses 19‑3‑612
Reinstatement of the parent-child legal relationship - circumstances - petition - hearings - legislative declaration 19‑3‑702
Permanency hearing 19‑3‑702.5
Periodic reviews 19‑3‑704
Youth with disabilities - incapacitated persons 19‑3‑705
Transition hearing 19‑3‑901
Legislative declaration 19‑3‑902
Definitions 19‑3‑903
Task force on high-quality parenting time - creation - steering committee - membership 19‑3‑904
Task force - purposes - issues to study - written reports 19‑3‑905
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 19-3-103’s source at colorado​.gov