C.R.S. Section 19-3-304
Persons required to report child abuse or neglect


(1)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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.

Source: Section 19-3-304 — Persons required to report child abuse or neglect, 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

§ 19-3-304’s source at colorado​.gov