Colo. Rev. Stat. § 19-3-304 (2026)

(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 a county department of health or a county department of human 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: 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. 225, p. 982, § 4, effective May 14;

(1) amended, (SB 10-066), ch. 418, p. 2060, § 1, effective June 10; (2)(h) amended, (HB 10- 1224), ch. 420, p. 2161, § 25, effective July 1. L. 2011: IP(2) and (2)(z) amended, (SB 11-187), ch. 285, p. 1328, § 71, effective July 1; (2)(hh) added, (SB 11-034), ch. 125, p. 390, § 1, effective January 1, 2012. L. 2013: (2)(hh) amended and (2)(ii) added, (SB 13-012), ch. 51, p. 173, § 2, effective March 22; (1)(a), (3), and (3.5) amended, (HB 13-1271), ch. 219, p. 1021, § 2, effective May 14; (2)(jj) added, (HB 13-1104), ch. 77, p. 249, § 6, effective August 7; (2)(kk) added, (SB 13-220), ch. 220, p. 1023, § 1, effective July 1, 2014. L. 2014: (2)(v) amended, (HB 14-1214), ch. 336, p. 1499, § 11, effective August 6. L. 2016: (1)(a) amended, (SB 16-146), ch. 230, p. 918, § 13, effective July 1. L. 2017: (2)(jj) and (2)(kk) amended and (2)(mm) added, (SB 17-106), ch. 302, p. 1650, § 8, effective August 9; (2)(jj) and (2)(kk) amended and (2)(ll) added, (HB 17-1185), ch. 194, p. 710, § 2, effective December 31. L. 2019: (5) added, (SB 19-049), ch. 56, p. 195, § 1, effective March 28; (2)(kk) amended, (SB 19-242), ch. 396, p. 3528, § 13, effective May 31; (2)(jj) and (2)(mm) amended, (HB 19-1172), ch. 136, p. 1682, § 112, effective October 1. L. 2020: (2)(z) amended, (HB 20-1206), ch. 304, p. 1551, § 65, effective July 14. L. 2021: (4)(a) amended, (SB 21-271), ch. 462, p. 3220, § 389, effective March 1, 2022. L. 2022: (2)(m), (2)(ll), and (2)(mm) amended and (2)(nn) added, (HB 22-1295), ch. 123, p. 834, § 37, effective July 1; (2)(o) amended, (SB 22-219), ch. 381, p. 2726, § 35, effective January 1, 2023. L. 2024: (2)(ll) amended, (HB 24-1222), ch. 155, p. 688, § 7, effective August 7.

Editor's note: (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.

Cross references: 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. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.

19-3-304.2. Mandatory reporter task force - creation - reporting - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Implicit bias" means a bias or prejudice that is present toward an individual or a group of people without conscious knowledge.

(b) "Mandatory reporter" means a person who is required to report child abuse or neglect pursuant to section 19-3-304.

(c) "Medical child abuse" means when a child receives unnecessary and harmful or potentially harmful medical care due to a caregiver's overt actions, including exaggerating the child's medical symptoms, lying about the child's medical history or fabricating the child's medical history, or intentionally inducing illness in the child.

(2) There is created in the office of the child protection ombudsman, established pursuant to section 19-3.3-102, the mandatory reporter task force, referred to in this section as the "task force". The purpose of the task force is to analyze best practices and recommend changes to training requirements and reporting procedures. The task force shall analyze the effectiveness of mandatory reporting and its relationship with systemic issues, including the disproportionate impact of mandatory reporting on under-resourced communities, communities of color, and persons with disabilities. The task force shall focus on serving under-resourced communities, communities of color, and persons with disabilities who are disproportionately impacted by the mandatory reporting system. The task force may propose clarifications to the law to help implement its recommendations. The task force may make findings and recommendations to the general assembly, the governor, and the state department on administrative and legislative changes to update mandatory reporter training requirements and reporting procedures for reporting child abuse or neglect and to create an equitable mandatory reporting system for all Colorado families and children, including how to determine the effectiveness of mandatory reporting and mitigate the impact of mandatory reporting on under- resourced communities, communities of color, and persons with disabilities.

(3) (a) The task force consists of the following members:

(I) The child protection ombudsman, as described in section 19-3.3-102, or the child protection ombudsman's designee;

(II) One member representing the state department to be appointed by the executive director of the state department, or the executive director's designee;

(III) One member representing the department of public safety to be appointed by the executive director of the department of public safety, or the executive director's designee;

(IV) One member representing the department of regulatory agencies to be appointed by the executive director of the department of regulatory agencies, or the executive director's designee;

(V) One member representing the department of education to be appointed by the commissioner of education of the department of education, or the commissioner of education's designee; and

(VI) The following members, who shall be appointed by the child protection ombudsman or the child protection ombudsman's designee:

(A) One member representing a statewide education organization that includes rural areas;

(B) One member representing law enforcement agencies;

(C) One member representing rural county departments;

(D) One member representing urban county departments;

(E) One member representing court-appointed special advocates, as defined in section 13-91-103;

(F) One member representing the office of the child's representative, as established in section 13-91-104;

(G) One member representing a child advocacy center, as defined in section 19-1-103;

(H) One member representing prosecuting attorneys;

(I) One member representing the office of the state public defender, as created in section 21-1-101, or the office of the alternate defense counsel, as created in section 21-2-101;

(J) One member representing a county attorney's office or a statewide organization representing county attorneys' offices;

(K) One member representing the office of the respondent parents' counsel, as created in section 13-92-103;

(L) One member representing family law attorneys;

(M) One member representing a statewide nongovernmental organization specializing in the prevention of child maltreatment;

(N) One member from a statewide organization representing hospitals;

(O) One member from a statewide organization representing medical professionals;

(P) One member from a statewide organization representing mental health professionals;

(Q) One member from a statewide organization representing children and youth;

(R) One member from a statewide organization representing people with disabilities;

(S) Five members representing individuals with lived experience in the mandatory reporting system;

(T) One member from a statewide organization serving under-resourced communities;

(U) One member who is an academic expert on the mandatory reporting system employed at a state institution of higher education;

(V) One member representing a statewide organization serving or representing victims and survivors of domestic violence;

(W) One member representing a statewide organization serving or representing victims and survivors of sexual violence;

(X) One member representing confidential victim advocates; and

(Y) One member representing a state-licensed child care provider, as defined in section 26.5-5-303 (4).

(b) The appointing authorities shall make appointments on or before December 1, 2022. In making appointments, the appointing authorities shall select members who represent diverse geographic locations, genders, religions, socioeconomic statuses, immigration statuses, and languages. The term of the appointment is for the duration of the task force. The appointing authorities shall fill any vacancy subject to the same qualifications as the initial appointment.

(4) Each member of the task force serves without compensation. Nongovernmental members may be reimbursed for reasonable expenses incurred in the performance of their duties pursuant to this section.

(5) The child protection ombudsman or the child protection ombudsman's designee shall serve as the chair, and the task force shall select a vice-chair from among its members. The chair and the vice-chair shall serve for the duration of the task force as the chair and the vice-chair.

(6) (a) The child protection ombudsman, or the child protection ombudsman's designee, shall convene the first meeting of the task force no later than January 1, 2023. The task force shall meet at least once every other month until the task force submits its final report. The chair may call additional meetings as necessary for the task force to fulfill its duties. The task force shall establish procedures to allow members of the task force to participate in meetings remotely.

(b) The child protection ombudsman, or the child protection ombudsman's designee, shall open the meetings to the public, provide advance public notice of the meetings, and allow public comments at the meetings. The child protection ombudsman, or the child protection ombudsman's designee, shall conduct outreach and encourage community participation in the public meetings.

(7) (a) Pursuant to subsection (2) of this section, the task force, at a minimum, shall analyze:

(I) Whether a study should be conducted to determine the effectiveness of mandatory reporting in serving children and families and determine the necessary funding for a study. If the task force determines there should be a study, the study must include an analysis on whether enhanced screening techniques for accepting reports may mitigate the disproportionate impact of mandatory reporting on under-resourced communities, communities of color, and persons with disabilities.

(II) The disproportionate impact of mandatory reporting on under-resourced communities, communities of color, and persons with disabilities;

(III) Standardized training that addresses implicit bias;

(IV) Alternative processes and services for families who do not present mandatory reporters with child abuse or neglect concerns but who would benefit from alternative services;

(V) Standardized training that addresses the requirements of the law pursuant to this part 3;

(VI) The definition of "immediately" and how reporting time frames affect mandatory reporters from different professions;

(VII) Reporting time frames for mandatory reporters who are creating a safety plan for victims of domestic violence, sexual assault, or stalking to ensure the safety of the victim and the victim's family members while creating the safety plan;

(VIII) Medical child abuse and the process to report medical child abuse;

(IX) Whether mandatory reporters should report incidents observed outside of a mandatory reporter's professional capacity;

(X) Whether a mandatory reporter who is employed by, an agent of, or a contractor for an attorney who is providing legal representation is exempt from the reporting requirements described in section 19-3-304;

(XI) Mandatory reporting requirements for mandatory reporters who have knowledge or reasonable cause to know or suspect that a child or youth is the victim of dating violence or sexual assault;

(XII) A reporting process for two or more mandatory reporters to report child abuse or neglect who have joint knowledge or joint reasonable cause to make a report of child abuse or neglect;

(XIII) Whether the duty to report remains with the mandatory reporter who has reasonable cause to know or suspect that a child has been subjected to child abuse or neglect;

(XIV) Whether institutions that employ mandatory reporters may develop procedures to assist mandatory reporters in fulfilling reporting requirements, as described in section 19-3-307;

(XV) Training requirements for people applying for or renewing a professional license for a profession that is identified as a profession required to report child abuse or neglect pursuant to section 19-3-304;

(XVI) The personal information of a child, as set forth in section 19-3-307 (2), that is collected for a report;

(XVII) Standardized training regarding the county departments' process to determine which reports meet the threshold for assessment and investigation;

(XVIII) The benefits of an electronic reporting platform for the state; and

(XIX) A process for inter- and intra-agency communications, confirming receipt of reports, and, in some circumstances, sharing the outcome of reports with certain mandatory reporters.

(b) The task force may establish standing subcommittees to study the issues identified in subsection (7)(a) of this section.

(8) The task force shall analyze national best practices and consult with additional stakeholders as needed to address all additional questions necessary to finalize its findings and recommendations for mandatory reporter training requirements, reporting procedures, and creating a more equitable mandatory reporting system for under-resourced communities, communities of color, and persons with disabilities who are disproportionately impacted by mandatory reporting.

(9) On or before January 1, 2024, the task force shall submit its first-year status report, including its initial findings and recommendations on issues identified in subsection (7) of this section, to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees; the governor; and the state department.

(10) On or before January 1, 2025, the task force shall submit its final report, including its findings and recommendations on the issues identified in subsection (7) of this section, to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees; the governor; and the state department.

(11) This section is repealed, effective July 1, 2025.

Source: L. 2022: Entire section added and (3)(a)(VI)(Y) amended, (HB 22-1240), ch. 313, pp. 2236, 2241, §§ 2, 3, effective August 10.

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. (1)

(a) The state department shall create a domestic abuse task force, referred to in this section as the "task force". The task force must be formed for no more than two years. The task force shall review recommendations from the state department's domestic violence program and child welfare workgroup to develop a statutory definition for this title 19 that defines domestic abuse and recognizes the impact domestic abuse may have on the emotional and developmental well- being of a child.

(b) The membership of the task force must represent the broad cultural and socioeconomic diversity of the state, including persons with lived experiences or professional expertise. The task force may include members from the state department's domestic violence program and child welfare workgroup.

(c) The state department shall report to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees, with the recommended definition pursuant to subsection (1)(a) of this section no later than December 2022.

(2) On or before July 1, 2023, the state department shall promulgate rules based on recommendations from the domestic violence program and child welfare workgroup regarding the best practices and training for recognition of child abuse or neglect related to domestic abuse, including, but not limited to:

(a) Creating, implementing, and updating assessment policies and procedures for child welfare caseworkers to recognize, respond, and assess child abuse or neglect related to domestic abuse while appropriately considering the role of the non-abusive caregiver and cultural considerations;

(b) Creating, implementing, and updating training materials for mandatory reporters to recognize and report child abuse or neglect related to domestic abuse;

(c) Establishing training standards to implement updated assessment policies and procedures for child welfare caseworkers to recognize and respond to child abuse or neglect related to domestic abuse while appropriately considering the role of the non-abusive caregiver and cultural considerations; and

(d) Establishing training standards to implement updated assessment policies and procedures for child welfare caseworkers to recognize and respond to child abuse or neglect related to domestic abuse while appropriately considering the role of the abusive parent and cultural considerations.

Source: L. 2021: Entire section added, (HB 21-1099), ch. 179, p. 972, § 2, effective September 7.

Cross references: For the legislative declaration in HB 21-1099, see section 1 of chapter 179, Session Laws of Colorado 2021.