(Repealed) Source: L. 87: Entire title R&RE, p. 771, § 1, effective October 1. L. 91: (3) to (7) amended and (14) added, p. 230, § 6, effective May 24. L. 96: (14) amended, p. 1586, § 12, effective July 1; (4), (5), and (7) amended and (5.5) added, p. 1287, § 2, effective January 1, 1997; (6)(b), (7)(b)(III), and (14) amended, p. 1173, § 9, effective January 1, 1997. L. 99: (5.5)(a) and (5.5)(b)(I) amended and (5.5)(b)(III) added, p. 1026, § 11, effective May 29; (5.5)(a) and (5.5)(b)(I) amended and (5.5)(b)(III) added, p. 1207, § 11, effective June 2. L. 2000: (1), (2)(e), (5), (5.5)(c), (7)(c)(I)(A), (7)(c)(I)(B), and (7)(c)(II) amended and (2)(f) and (7)(d) added, pp. 1720, 1721, §§ 1, 2, 3, effective June 1. L. 2001: (7)(b)(I), (7)(c), and (7)(d) amended and
(7)(e) added, p. 854, § 3, effective July 1. L. 2002: (10) amended, p. 1527, § 232, effective October 1. L. 2003: (8) amended, p. 1622, § 37, effective August 6; entire section repealed, p. 1398, § 2, effective January 1, 2004.
Cross references: For the legislative declaration contained in the 2003 act repealing this section, see section 1 of chapter 196, Session Laws of Colorado 2003.
19-3-313.5. State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality. (1) Legislative declaration. As a result of the report of the state auditor evaluating the performance of the state central registry of child protection released in November of 2001 and the subsequent repeal of the state central registry of child protection, the general assembly hereby finds and declares that it is in the best interests of the children and the citizens of the state of Colorado for the state department to modify the processing of records and reports of child abuse or neglect. These modifications are intended to ensure that the state department is able to provide reliable, accurate, and timely information concerning records and reports of child abuse or neglect. In addition, these modifications are intended to ensure compliance with federal law regarding the prompt expungement of any records or reports that are used for purposes of employment checks or other background checks in cases determined to be unsubstantiated or false, while allowing the state department to maintain such records and reports in case files for the purpose of assisting in determinations of future risk and safety assessments. Finally, these modifications are intended to ensure that the state department's procedural systems related to records and reports of child abuse or neglect provide adequate protection to the children and the citizens of the state of Colorado.
(2) Training of county departments. On or before January 1, 2004, the state department shall modify the training provided to county departments to achieve consistency and standardization in the performance of the following duties:
(a) Investigating reports of child abuse or neglect;
(b) Reporting confirmed incidents of child abuse or neglect to the state department;
(c) Preparing documents related to records and reports of child abuse or neglect;
(d) Entering data into computer systems maintaining information related to records and reports of child abuse or neglect; and
(e) Maintaining confidentiality in accordance with federal and state law.
(3) Notice and appeals process - rules. On or before January 1, 2004, the state board, in consideration of input and recommendations from the county departments, shall promulgate rules to establish a process at the state level by which a person who is found to be responsible in a confirmed report of child abuse or neglect filed with the state department pursuant to section 19-3-307 may appeal the finding of a confirmed report of child abuse or neglect to the state department. At a minimum, the rules established pursuant to this subsection (3) must address the following matters, consistent with federal law:
(a) The provision of adequate and timely written notice by the county departments of human or social services or, for an investigation pursuant to section 19-3-308 (4.5), by the agency that contracts with the state, using a form created by the state department, to a person found to be responsible in a confirmed report of child abuse or neglect of the person's right to appeal the finding of a confirmed report of child abuse or neglect to the state department;
(b) The timeline and method for appealing the finding of a confirmed report of child abuse or neglect;
(c) Designation of the entity, which entity must be one other than a county department of human or social services, with the authority to accept and respond to an appeal by a person found to be responsible in a confirmed report of child abuse or neglect at each stage of the appellate process;
(d) The legal standards involved in the appellate process and a designation of the party who bears the burden of establishing that each standard is met;
(e) The confidentiality requirements of the appeals process; and
(f) Provisions requiring, and procedures in place that facilitate, the prompt expungement of and prevent the release of any information contained in any records and reports that are accessible to the general public or are used for purposes of employment or background checks in cases determined to be unsubstantiated or false; except that the state department and the county departments of human or social services may maintain information concerning unsubstantiated reports in casework files to assist in future risk and safety assessments.
(4) Confidentiality - rules. On or before January 1, 2004, the state board shall promulgate rules to establish guidelines for the release of information contained in records and reports of child abuse or neglect for screening purposes to assure compliance with sections 19-1- 303 and 19-1-307 and any other state or federal law relating to confidentiality of records and reports of child abuse or neglect. Rules promulgated by the state board shall address the following:
(a) How a request for information is to be processed;
(b) Who may be granted access to information;
(c) What information in the records and reports is to be made available to the person or entity granted access;
(d) The purposes for which information contained in the records and reports may be made available to the person or entity granted access; and
(e) The consequences of improper release of information related to records and reports of child abuse or neglect.
Source: L. 2003: Entire section added, p. 1398, § 3, effective January 1, 2004. L. 2018: IP(3), (3)(a), (3)(c), and (3)(f) amended, (SB 18-092), ch. 38, p. 419, § 54, effective August 8.
Cross references: For the legislative declaration contained in the 2003 act enacting this section, see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
Notes of Decisions
Watso v. Colorado Dep't of Soc. Servs., 841 P.2d 299 (Colo. 1992).
· cites it 21× “In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It…”
Peck v. McCann, 43 F.4th 1116 (10th Cir. 2022).
· cites it 2× “In House Bill 03-1211, the legislature expressed concerns that the registry was failing both to protect children and to protect registrants’ due process rights, and so it expunged the list of names that were on the registry and repealed all provisions concerning the registry,…”
Squire Restaurant & Lounge, Inc. v. City & Cnty. of Denver, 890 P.2d 164 (Colo. Ct. App. 1994).
· cites it 4× “1992), our supreme court concluded that the authorization under § 19-3-313(5), C.R.S. (1993 Cum.Supp.) for the Director of the Department of Social Services to amend, seal, or expunge a record contained in the Central Registry For Child Protection "upon good cause shown" did not…”
Wilson v. State Dep't of Human Servs., 969 P.2d 770 (Colo. Ct. App. 1998).
· cites it 21× “Pursuant to § 19-3-313(1), C.R.S.1997, a “central registry” has been established “for the purpose of maintaining a registry of information concerning each case of confirmed child abuse .”
In re Preisendorfer, 719 A.2d 590 (N.H. 1998).
“, Colo. Rev. Stat. § 19-3-313 (5.5)(b)(I) (1997); cf.”
In Re Tlm, 39 P.3d 1239 (Colo. Ct. App. 2001).
· cites it 5× “Section 19-3-313(7)(a), C.R.S.2001 sets forth a procedural scheme under which a party may seek the sealing or expungement of child abuse records maintained by the state central registry of child protection.”
Minnehan v. Dep't of Soc. Servs., 10 Mass. L. Rptr. 364 (Mass. Super. Ct. 1999).
“At least eight states explicitly provide that the government carries the burden of proof: Colo. Rev. Stat. §19-3-313 (5.5)(b)(1); 325 Ill.”
Jefferson v. Colorado Dep't of Soc. Servs., 874 P.2d 408 (Colo. Ct. App. 1993).
· cites it 6× “See § 19-3-313, C.R.S. (1993 Cum.Supp.). Subsequently, the petitioner requested that the director of the central registry expunge the report, which request was denied.”
Peck v. McCann (10th Cir. 2022).
· cites it 2× “In House Bill 03-1211, the legislature expressed concerns that the registry was failing both to protect children and to protect registrants’ due process rights, and so it expunged the list of names that were on the registry and repealed all provisions concerning the registry,…”
Colo. Rev. Stat. § 19-3-313(1): 2 cases
Watso v. Colorado Dep't of Soc. Servs., 841 P.2d 299 (Colo. 1992).
“In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It…”
Wilson v. State Dep't of Human Servs., 969 P.2d 770 (Colo. Ct. App. 1998).
“Pursuant to § 19-3-313(1), C.R.S.1997, a “central registry” has been established “for the purpose of maintaining a registry of information concerning each case of confirmed child abuse .”
Colo. Rev. Stat. § 19-3-313(13): 2 cases
Watso v. Colorado Dep't of Soc. Servs., 841 P.2d 299 (Colo. 1992).
“In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It…”
Jefferson v. Colorado Dep't of Soc. Servs., 874 P.2d 408 (Colo. Ct. App. 1993).
“See § 19-3-313, C.R.S. (1993 Cum.Supp.). Subsequently, the petitioner requested that the director of the central registry expunge the report, which request was denied.”
Colo. Rev. Stat. § 19-3-313(2)(a): 1 case
Watso v. Colorado Dep't of Soc. Servs., 841 P.2d 299 (Colo. 1992).
“In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It…”
Colo. Rev. Stat. § 19-3-313(4): 1 case
Watso v. Colorado Dep't of Soc. Servs., 841 P.2d 299 (Colo. 1992).
“In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It…”
Colo. Rev. Stat. § 19-3-313(5): 2 cases
Watso v. Colorado Dep't of Soc. Servs., 841 P.2d 299 (Colo. 1992).
“In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It…”
Squire Restaurant & Lounge, Inc. v. City & Cnty. of Denver, 890 P.2d 164 (Colo. Ct. App. 1994).
“1992), our supreme court concluded that the authorization under § 19-3-313(5), C.R.S. (1993 Cum.Supp.) for the Director of the Department of Social Services to amend, seal, or expunge a record contained in the Central Registry For Child Protection "upon good cause shown" did not…”
Colo. Rev. Stat. § 19-3-313(5)(a): 1 case
Wilson v. State Dep't of Human Servs., 969 P.2d 770 (Colo. Ct. App. 1998).
“Pursuant to § 19-3-313(1), C.R.S.1997, a “central registry” has been established “for the purpose of maintaining a registry of information concerning each case of confirmed child abuse .”
Colo. Rev. Stat. § 19-3-313(6): 1 case
Watso v. Colorado Dep't of Soc. Servs., 841 P.2d 299 (Colo. 1992).
“In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It…”
Colo. Rev. Stat. § 19-3-313(6)(a): 1 case
Wilson v. State Dep't of Human Servs., 969 P.2d 770 (Colo. Ct. App. 1998).
“Pursuant to § 19-3-313(1), C.R.S.1997, a “central registry” has been established “for the purpose of maintaining a registry of information concerning each case of confirmed child abuse .”
Colo. Rev. Stat. § 19-3-313(6)(b): 1 case
Wilson v. State Dep't of Human Servs., 969 P.2d 770 (Colo. Ct. App. 1998).
“Pursuant to § 19-3-313(1), C.R.S.1997, a “central registry” has been established “for the purpose of maintaining a registry of information concerning each case of confirmed child abuse .”
Colo. Rev. Stat. § 19-3-313(7): 1 case
Watso v. Colorado Dep't of Soc. Servs., 841 P.2d 299 (Colo. 1992).
“In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It…”
Colo. Rev. Stat. § 19-3-313(7)(a): 3 cases
Wilson v. State Dep't of Human Servs., 969 P.2d 770 (Colo. Ct. App. 1998).
“Pursuant to § 19-3-313(1), C.R.S.1997, a “central registry” has been established “for the purpose of maintaining a registry of information concerning each case of confirmed child abuse .”
In Re Tlm, 39 P.3d 1239 (Colo. Ct. App. 2001).
“Section 19-3-313(7)(a), C.R.S.2001 sets forth a procedural scheme under which a party may seek the sealing or expungement of child abuse records maintained by the state central registry of child protection.”
Jefferson v. Colorado Dep't of Soc. Servs., 874 P.2d 408 (Colo. Ct. App. 1993).
“See § 19-3-313, C.R.S. (1993 Cum.Supp.). Subsequently, the petitioner requested that the director of the central registry expunge the report, which request was denied.”
Colo. Rev. Stat. § 19-3-313(9): 1 case
In Re Tlm, 39 P.3d 1239 (Colo. Ct. App. 2001).
“Section 19-3-313(7)(a), C.R.S.2001 sets forth a procedural scheme under which a party may seek the sealing or expungement of child abuse records maintained by the state central registry of child protection.”
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