(1) (a) For the purposes of this section, expungement is defined in section 19-1-103 (48). Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge.
(b) The court, law enforcement, and all other agencies shall reply to any inquiry regarding an expunged record that no record exists with respect to the person named in the record, unless information may be shared with the inquiring party pursuant to subsection (3) of this section.
(c) The expungement order only applies to the named juvenile and not to any co-participant.
(2) (a) At the time of the adjudication, the court shall advise the adjudicated juvenile and any respondent parent or guardian, in writing, of the right to expunge and the time period and process for expunging the order. The court, on its own motion or the motion of the juvenile probation department, the juvenile parole department, the juvenile, a respondent parent or guardian, or a court-appointed guardian ad litem, may initiate expungement proceedings concerning the record of any juvenile who has been under the jurisdiction of the court.
(b) If a juvenile is supervised by probation, the probation department, upon the termination of the juvenile's supervision period, shall provide the juvenile with a written advisement of the right to expungement and the time period and process for expunging the record.
(c) If a juvenile is supervised by parole, the department or division supervising the juvenile's parole, upon the termination of the juvenile's parole supervision period, shall provide the juvenile with a written advisement of the right to expungement and the time period and process for expunging the record.
(d) If the juvenile is supervised by a diversion officer or agency other than probation, the agency supervising the diversion program, upon the termination of the juvenile's diversion period, shall provide the juvenile with a written advisement of the right to expungement and the time period and process for expunging the record.
(e) If a juvenile is sentenced in municipal court, the municipal court, at sentencing, shall provide the juvenile and any respondent parent or guardian with a written advisement of the right to expungement and the time period and process for expunging the record. The municipal court may provide the notice through a municipal diversion program, the city attorney, or a municipal probation program.
(f) If a juvenile is committed to the division of youth services and is released without a requirement to complete further parole, the division shall provide the juvenile with a written advisement of the right to expungement and the time period and process for expunging the record.
(g) Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged.
(h) The prosecuting attorney shall not require as a condition of a plea agreement that the juvenile waive his or her right to expungement under this section upon the completion of the juvenile's sentence.
(i) Prior to the court ordering any records expunged, the court shall determine whether the juvenile has any felony, drug felony, misdemeanor, drug misdemeanor, petty offense, or delinquency actions pending, and, if the court determines that there is a felony, drug felony, misdemeanor, drug misdemeanor, petty offense, or delinquency action pending against the juvenile, the court shall stay the petition for expungement proceedings until the resolution of the pending case.
(3) (a) After expungement, basic identification information on the juvenile and a list of any state and local agencies and officials having contact with the juvenile, as they appear in the records, are not open to the public but are available to a prosecuting attorney, local law enforcement agency, the department of human services, the state judicial department, and the victim as defined in section 24-4.1-302 (5); except that such information is not available to an agency of the military forces of the United States.
(b) Notwithstanding any order for expungement pursuant to this section, any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person whose record was expunged is charged with an offense as either a juvenile or as an adult. A new criminal or delinquency charge may not be brought against the juvenile based upon information gained initially or solely from examination of the expunged records.
(c) Notwithstanding an order for expungement pursuant to this section, any criminal justice record of a juvenile who has been charged, adjudicated, or convicted of any offense shall be available for use by the juvenile, the juvenile's attorney, a prosecuting attorney, any law enforcement agency, or any agency of the state judicial department in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record.
(d) Notwithstanding any order for expungement issued pursuant to this section, nothing prevents the prosecuting attorney, including the staff of a prosecuting attorney's office or a victim or witness assistance program or a law enforcement agency or law enforcement victim assistance program, from discussing with the victim the case, the results of any expungement proceedings, information regarding restitution, and information related to any victim services available to the victim as defined in section 24-4.1-302 (5), but copies of expunged records must not be provided to the victim. The victim may petition the court and request that a copy of the expunged records be provided to the victim. If the court finds that there are compelling reasons for the release, a copy of the expunged records may be released to the victim. If the court orders the release of a copy of the expunged records to the victim, the court must issue a protective order regarding the usage of the expunged records.
(e) Notwithstanding any order for expungement issued pursuant to this section, any information, including police affidavits and reports and records related to any prior conviction or adjudication, are available without court order to the persons, government agencies, or entities allowed access to or allowed to exchange such information pursuant to section 19-1-303 for the purposes described therein. Any person who knowingly violates the confidentiality provisions of section 19-1-303 is subject to the penalty in section 19-1-303 (4.7).
(f) Notwithstanding any order for expungement issued pursuant to this section, nothing in this section precludes a county department of human or social services employee from reviewing internal department records that are ordered expunged and are in the county department's possession for purposes of department investigations and case management in the provision of child welfare services.
(g) Repealed.
(4) (a) The court shall order all records in a juvenile delinquency case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, expunged within forty-two days after:
(I) A finding of not guilty at an adjudicatory trial;
(II) Dismissal of the petition in its entirety prior to any disposition or alternative to sentencing, including diversion, a deferred adjudication, or an informal adjustment; or
(III) The completion of a sentence or alternative to sentencing, including diversion, a deferred adjudication, or an informal adjustment, for a petty offense, drug petty offense, class 2 or class 3 misdemeanor offense, or level 1 or level 2 drug misdemeanor if the offense does not involve unlawful sexual behavior as defined in section 16-22-102 (9), is not an act of domestic violence as defined in section 18-6-800.3, or is not a crime listed under section 24-4.1-302 (1), and the defendant was under eighteen years of age at the time the offense was committed.
(b) (I) Upon successful completion of diversion at the prefiling level as an alternative to the filing of a petition, the custodian of any record shall expunge the record in the custody of law enforcement, the juvenile's school, the diversion provider, and the district attorney without the need for a court order.
(II) The district attorney or other diversion provider shall notify the Colorado bureau of investigation, the law enforcement agency that had contact with the juvenile, and the juvenile's school, if the incident occurred at school or the district attorney notified the school of the case, that diversion is complete and the records are expunged. Any law enforcement agency or school that receives a notice shall acknowledge receipt of the notice. The Colorado bureau of investigation, law enforcement agency, school, diversion provider, and district attorney shall treat the records as expunged within thirty-five days after the completion of diversion, and all provisions of this section addressing expunged records apply to those records.
(III) If victim notification is required pursuant to part 4.1 of title 24, the district attorney shall notify the victim prior to sending the notice pursuant to subsection (4)(b)(II) of this section, and offer the victim an opportunity to object. If the victim objects, the district attorney shall notify the court and the diversion provider. Upon receipt of the notice of objection from the district attorney, the diversion provider shall complete and file a report pursuant to subsection (5)(c) of this section, and the provisions of subsections (5)(e), (5)(e.5), (5)(f), and (5)(g) of this section apply.
(c) The court shall, on or before November 1 of each year, review all juvenile delinquency court files during the two previous years that resulted in a finding of not guilty; a dismissal of the petition; a sentence for a petty offense; a sentence for a drug petty offense; a sentence for a drug misdemeanor offense; or a sentence for a class 2 or class 3 misdemeanor offense if the offense does not involve unlawful sexual behavior as defined in section 16-22-102 (9), is not an act of domestic violence as defined in section 18-6-800.3, or is not a crime listed under section 24-4.1-302 (1), and the defendant was under eighteen years of age at the time the offense was committed. The court shall enter an expungement order for all juveniles eligible for expungement pursuant to this subsection (4), if the expungement order was not previously made.
(5) (a) At the time that the court orders the following sentences or alternatives to sentencing, the court shall make a finding that the juvenile is eligible for expungement pursuant to this subsection (5) and include that finding on the written mittimus or other sentencing document:
(I) A juvenile diversion program, a deferred adjudication, or an informal adjustment, except for those described in subsection (4)(a)(III) of this section;
(II) A juvenile sentence for an adjudication for a class 1 misdemeanor or a petty or a misdemeanor offense that is not eligible for expungement pursuant to subsection (4) of this section; or
(III) Repealed.
(IV) A juvenile sentence for an adjudication for a felony offense or felony drug offense if:
(A) The felony offense did not constitute unlawful sexual behavior as defined in section 16-22-102 (9);
(B) The felony offense was not a crime of violence as described in section 18-1.3-406;
(C) The felony offense was not a class 1 or class 2 felony; and
(D) The juvenile had no prior felony adjudications.
(b) Repealed.
(c) (I) If the court makes a finding that a juvenile is eligible for expungement pursuant to subsection (5)(a) of this section, the agency supervising the juvenile shall, at the conclusion of the agency's supervision, prepare a report and summary of supervision outlining the performance of the juvenile while under supervision. The supervising agency shall provide the report to the court and provide a copy of the report to the prosecuting attorney, the juvenile, and the juvenile's attorney of record no earlier than thirty-five days prior to the end of supervision and no later than fourteen days after the conclusion of supervision. If there is no supervising agency, the court shall send a notice that the unsupervised sentence is complete to the district attorney when the sentence is complete.
(II) Upon receipt of the report or notice pursuant to this subsection (5)(c), the prosecuting attorney shall contact the victim regarding expungement if notification is required pursuant to part 4.1 of title 24.
(d) If neither the prosecuting attorney nor a victim files an objection within thirty-five days after the filing of the report or notice pursuant to subsection (5)(c) of this section, the court shall order all records in the juvenile delinquency case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, expunged.
(e) If the prosecuting attorney or a victim files an objection within thirty-five days after the filing of the report or notice pursuant to subsection (5)(c) of this section, the court shall schedule a hearing on the issue of expungement. The court shall notify all objecting parties of the hearing date. The hearing must be set at least thirty-five days after the date the court sends notice of the hearing.
(e.5) If the offense for which the records are eligible for expungement requires the juvenile to register pursuant to section 16-22-103 and the court has not already issued a notice pursuant to section 16-22-113 (1.3)(b), upon receipt of the report from the supervising agency pursuant to subsection (5)(c) of this section, the court shall issue a notice pursuant to section 16-22-113 (1.3)(b) and this subsection (5)(e.5), and the victim and prosecution have sixty-three days from the issuance of that notice to file an objection to expungement or the discontinuation of registration. All other requirements of subsections (5)(d), (5)(e), (5)(f), and (5)(g) of this section apply to the expungement. The provisions of section 16-22-113 (1.3) apply to the issue of discontinuing registration. The court shall consider both issues at the same hearing. If the court has not already ordered that the juvenile may discontinue registration pursuant to section 16-22-113, the court shall enter an order granting expungement and discontinuing the registration requirement, denying expungement and discontinuing the registration requirement, or denying expungement and continuing the registration requirement.
(f) If a hearing is scheduled pursuant to subsection (5)(e) of this section, the court shall send notice to the last-known address of the juvenile notifying the juvenile of the date of the hearing and of the juvenile's right to appear at the hearing and to present evidence to the court in writing prior to the hearing and in person at the hearing. The notice must indicate that, at the hearing, the court will consider whether the juvenile has been rehabilitated and whether expungement is in the best interest of the juvenile and the community. The juvenile is not required to appear at the hearing.
(g) At a hearing held pursuant to this subsection (5), the court shall order all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged if the court makes written findings that:
(I) The rehabilitation of the juvenile has been attained to the satisfaction of the court; and
(II) The expungement is in the best interest of the juvenile and the community.
(h) The court shall, starting on November 1, 2019, and each November 1 thereafter, review all juvenile delinquency court files during the two previous years that resulted in participation in diversion, a deferred adjudication, or an informal adjustment; a sentence for a class 1 misdemeanor offense, any drug felony offense, or a misdemeanor offense involving domestic violence as defined in section 18-6-800.3; or a felony offense that did not constitute unlawful sexual behavior as defined in section 16-22-102 (9), was not a crime of violence as described in section 18-1.3-406, and was not a class 1 or class 2 felony. The court shall send the notice required for all records eligible for a notice pursuant to this subsection (5) if the notice was not previously sent and an expungement order was not previously made. After the notice is sent, the provisions of subsections (5)(b) to (5)(g) of this section apply.
(i) With the victim's consent, or if there is no named victim, the prosecuting attorney may agree at the time of a plea that there will be no objection to expungement upon the completion of the juvenile's sentence. In such a case, the court shall order all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged upon completion of the juvenile's sentence. A hearing is not required.
(j) A juvenile who was adjudicated as a mandatory sentence offender pursuant to section 19-2.5-1125 (1) or as a repeat juvenile offender pursuant to section 19-2.5-1125 (2) is not eligible for expungement pursuant to this subsection (5) but may petition for expungement pursuant to subsection (6)(e) of this section.
(6) (a) A person may petition the juvenile court to expunge records in a closed case pursuant to subsection (4) of this section if the records are otherwise eligible for expungement, have not been expunged by the court, and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. A filing fee, notarization, or other formalities are not required. If the court determines the records are eligible for expungement pursuant to the requirements of subsection (4) of this section, the court shall grant the petition to expunge without a hearing and shall issue an order pursuant to subsection (4) of this section.
(b) A person may petition the juvenile court to expunge records in a closed case pursuant to subsection (5) of this section if the records are otherwise eligible for expungement, have not been expunged by the court, and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. A filing fee, notarization, or other formalities are not required. If the records are eligible for expungement pursuant to subsection (5) of this section, the court shall request a report from the agency supervising the juvenile or issue a notice pursuant to subsection (5)(c) of this section, and the provisions of subsection (5) of this section apply.
(c) A person may petition the juvenile court to expunge records related to a law enforcement contact that did not result in referral to another agency after one year has passed since the law enforcement contact and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. A filing fee, notarization, or other formalities are not required. If the records are eligible for expungement pursuant to subsection (5) of this section, the court shall issue a notice to the district attorney that the records will be expunged if no objection is received, and the provisions of subsection (5) of this section apply.
(d) A person may petition the juvenile court to expunge records in a closed case pursuant to subsection (5) of this section if the person was previously denied an expungement order for those same records pursuant to subsection (5) of this section and at least twelve months have passed since the date of the original denial order, the petitioner provides new information not previously considered by the prior reviewing court, and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. The court shall schedule a hearing and notify the prosecuting attorney of the hearing date. The court shall set the hearing at least thirty-five days after the court sends the notice of the hearing. All other provisions of subsection (5) of this section apply.
(e) A juvenile who does not qualify for expungement pursuant to subsection (4) or (5) of this section, including a mandatory sentence offender pursuant to section 19-2.5-1125 (1) or a repeat offender pursuant to section 19-2.5-1125 (2), and is not otherwise ineligible for expungement pursuant to subsection (8) of this section and does not have a proceeding concerning a felony, misdemeanor, or delinquency action pending against himself or herself, may petition the court to request expungement of the juvenile's record thirty-six months after the date of the petitioner's unconditional release from the juvenile sentence. A filing fee, notarization, or other formalities are not required. The court shall schedule a hearing, and subsections (5)(e), (5)(e.5), (5)(f), and (5)(g) of this section apply.
(7) Unless otherwise stated in the applicable section, a person may file a petition with the court for expungement of his or her record pursuant to subsections (4), (5), and (6) of this section only once during a twelve-month period.
(8) Notwithstanding subsections (4), (5), and (6) of this section, a court shall not expunge the record of a person who is:
(a) Adjudicated as an aggravated juvenile offender pursuant to section 19-2.5-1125 (4) or as a violent juvenile offender pursuant to section 19-2.5-1125 (3);
(b) Adjudicated of homicide and related offenses pursuant to part 1 of article 3 of title 18;
(c) Adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or
(d) Charged, adjudicated, or convicted of any offense or infraction pursuant to title 42.
(9) Municipal court records. (a) Municipal court records are expunged pursuant to section 13-10-115.5.
(b) If municipal court records have not been expunged within seventy days from the end of the case pursuant to section 13-10-115.5, an individual may petition the juvenile court in the judicial district where the municipality is located to expunge records of a municipal case brought against a juvenile. Expungement proceedings pursuant to this subsection (9) must be initiated by the filing of a petition requesting an order of expungement. A filing fee, notarization, or other formalities are not required. If the petition is not granted without a hearing, the court shall set a date for a hearing on the petition for expungement and shall notify the appropriate prosecuting attorney.
(10) Upon the entry of an order expunging a record pursuant to this section, the court shall order, in writing, the expungement of all case records in the custody of the court and any records related to the case and charges in the custody of any other agency, person, company, or organization. The court may order expunged any records, but, at a minimum, the following records must be expunged pursuant to every expungement order:
(a) All court records;
(b) All records retained within the office of the prosecuting attorney;
(c) All probation and parole records;
(d) All law enforcement records;
(e) All department of human services records;
(f) All division of youth services records;
(g) All department of corrections records; and
(h) References to the criminal case or charge contained in the school records.
(11) (a) When an expungement order is issued pursuant to this section, the court shall send a copy of the order to the juvenile, the juvenile's last attorney of record, the prosecuting attorney, any law enforcement agency that investigated the case, the state court administrator's office, and the Colorado bureau of investigation directing the entity to expunge its records within thirty-five days after the receipt of the order.
(b) The court shall send a copy of an expungement order to each of the following, directing the entity to expunge the records in its custody as soon as practicable but no later than ninety days after the receipt of the order:
(I) The probation office if the juvenile was placed on probation at any point during the case;
(II) The division of youth services if the juvenile was detained in a facility operated by the division, committed to the custody of the division, or screened through the Colorado youth detention continuum at any point during the case;
(III) Any county department of human or social services through which the juvenile received services at any point during the juvenile's case; and
(IV) Any other agency, person, company, or organization named in the order if the court is aware that the entity has records related to the case in its possession.
(c) Each entity described in this subsection (11) shall expunge the records in its custody as directed by the order.
(d) The person who is the subject of records expunged pursuant to this section may petition the court to permit inspection of the records held by persons named in the order, and the court may so order.
(12) Any agency, person, company, or organization that violates this section and knew that the records in question were subject to an expungement order may be subject to criminal and civil contempt of court and may be punished by a fine.
(13) Employers; educational institutions; landlords; and state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in expunged records. In answer to any question concerning arrest or juvenile and criminal records information that has been expunged, an applicant need not include a reference to or information concerning the expunged information and may state that no record exists. An application may not be denied solely because of the applicant's refusal to disclose records or information that has been expunged.
(14) Nothing in this section authorizes the physical destruction of any juvenile or criminal justice record.
Source: L. 96: Entire part added with relocations, p. 1163, � 6, effective January 1, 1997; (9) added, p. 1588, � 18, effective January 1, 1997. L. 98: (7)(d) added and (9) repealed, p. 399, �� 4, 5, effective April 21. L. 2002: (7)(d) amended, p. 1187, � 24, effective July 1; (7)(b) amended, p. 1523, � 223, effective October 1. L. 2009: (7)(c) amended, (HB 09-1044), ch. 19, p. 96, � 1, effective September 1. L. 2012: (5)(d) and (6)(a.5) added, (HB 12-1151), ch. 174, p. 623, � 6, effective August 8. L. 2013: (2)(a), (3), (5)(c)(I), (6), and (7) amended and (5)(a.5) and (10) added, (HB 13-1082), ch. 238, p. 1155, � 1, effective August 7. L. 2014: (5)(d)(I) amended, (HB 14-1273), ch. 282, p. 1157, � 21, effective July 1. L. 2016: (5)(c)(II.5) added and (7)(e) repealed, (SB 16-065), ch. 277, p. 1143, � 3, effective July 1. L. 2017: Entire section R&RE, (HB 17-1204), ch. 206, p. 775, � 2, effective November 1. L. 2019: (1)(c) and (5)(e.5) added, (4)(a)(II), (4)(a)(III), (4)(b), IP(5)(a), (5)(a)(I), (5)(a)(II), (5)(c), (5)(d), (5)(e), (6)(b), (6)(c), (6)(e), (10)(e), and (11) amended, (5)(a)(III) and (5)(b) repealed, and (9) R&RE, (HB 19-1335), ch. 304, p. 2780, � 1, effective May 28. L. 2020: (11)(b)(III) amended, (HB 20-1402), ch. 216, p. 1048, � 36, effective June 30. L. 2021: (5)(j), (6)(e), IP(8), and (8)(a) amended, (SB 21-059), ch. 136, p. 729, � 71, effective October 1. L. 2022: (3)(g) added, (HB 22-1131), ch. 380, p. 2704, � 3, effective June 7.
Editor's note: (1) This section was formerly numbered as 19-2-902. The said section 19-2-902 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-111 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective July 1, 2023. (See L. 2022, p. 2704.)
Cross references: For the legislative declaration contained in the 2002 act amending subsection (7)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 22-1131, see section 1 of chapter 380, Session Laws of Colorado 2022.
19-1-307. Dependency and neglect records and information - access - fee - records and reports fund - misuse of information - penalty - adult protective services data system check - rules. (1) (a) Identifying information - confidential. Except as otherwise provided in this section and section 19-1-303, reports of child abuse or neglect and the name and address of any child, family, or informant or any other identifying information contained in such reports shall be confidential and shall not be public information.
(b) Good cause exception. Disclosure of the name and address of the child and family and other identifying information involved in such reports shall be permitted only when authorized by a court for good cause. Such disclosure shall not be prohibited when there is a death of a suspected victim of child abuse or neglect and the death becomes a matter of public record or the alleged juvenile offender is or was a victim of abuse or neglect or the suspected or alleged perpetrator becomes the subject of an arrest by a law enforcement agency or the subject of the filing of a formal charge by a law enforcement agency.
(c) Any person who violates any provision of this subsection (1) commits a civil infraction.
(2) Records and reports - access to certain persons - agencies. Except as set forth in section 19-1-303, only the following persons or agencies have access to child abuse or neglect records and reports:
(a) The law enforcement agency, district attorney, coroner, or county or district department of human or social services investigating a report of a known or suspected incident of child abuse or neglect or treating a child or family that is the subject of the report;
(b) A physician who has before him or her a child whom the physician reasonably suspects to be abused or neglected;
(c) An agency having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record or a parent, guardian, legal custodian, or other person who is responsible for the child's health or welfare, including, in the case of an anatomical gift, a coroner and a procurement organization, as those terms are defined in section 15-19-202;
(d) Any person named in the report or record who was alleged as an abused or neglected child or, if the child named in the report or record is otherwise incompetent at the time of the request, the child's guardian ad litem or counsel for youth;
(e) A parent, guardian, legal custodian, or other person responsible for the health or welfare of a child named in a report, or the assigned designee of any such person acting by and through a validly executed power of attorney, with protection for the identity of reporters and other appropriate persons;
(e.5) (I) A mandatory reporter specified in this subsection (2)(e.5)(I) who is and continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report, but only with regard to information that the mandatory reporter has a need to know in order to fulfill the mandatory reporter's professional and official role in maintaining the child's safety. A county department shall request written affirmation from a mandatory reporter stating that the reporter continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report and describing the nature of the involvement, unless the county department has actual knowledge that the mandatory reporter continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report. This subsection (2)(e.5)(I) applies to:
(A) Hospital personnel engaged in the admission, care, or treatment of children;
(B) Mental health professionals;
(C) Physicians or surgeons, including physicians in training;
(D) Registered nurses or licensed practical nurses;
(E) Dentists;
(F) Psychologists;
(G) Unlicensed psychotherapists;
(H) Licensed professional counselors;
(I) Licensed marriage and family therapists;
(J) Public or private school officials or employees;
(K) Social workers or workers with 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;
(L) Victim's advocates, as defined in section 13-90-107 (1)(k)(II), C.R.S.;
(M) Clergy members, as defined in section 19-3-304 (2)(aa)(III);
(N) Educators providing services through a federal special supplemental nutrition program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;
(O) A 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; and
(P) Officials or employees of a county department of health or a county department of human or social services.
(II) Within sixty calendar days after receipt of a report of suspected child abuse or neglect from a mandatory reporter specified in subsection (2)(e.5)(I) of this section, a county department shall provide the following information to the mandatory reporter for the purpose of assisting the mandatory reporter in his or her professional and official role in maintaining the child's safety:
(A) The name of the child and the date of the report;
(B) Whether the referral was accepted for assessment;
(C) Whether the referral was closed without services;
(D) Whether the assessment resulted in services related to the safety of the child;
(E) The name of and contact information for the county caseworker responsible for investigating the referral; and
(F) Notice that the reporting mandatory reporter may request updated information identified in sub-subparagraphs (A) to (E) of this subparagraph (II) within ninety calendar days after the county department received the report and information concerning the procedure for obtaining updated information.
(III) Information disclosed to a mandatory reporter pursuant to this paragraph (e.5) is confidential and shall not be disclosed by the mandatory reporter to any other person except as provided by law.
(IV) Unless requested by a county department, a mandatory reporter shall not have the authority to participate in any decision made by the county department concerning a report of abuse or neglect.
(V) In accordance with the State Administrative Procedure Act, article 4 of title 24, C.R.S., the state department shall promulgate any rules necessary for the implementation of this paragraph (e.5).
(f) A court, upon its finding that access to such records may be necessary for determination of an issue before such court, but such access shall be limited to in camera inspection unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it;
(g) (Deleted by amendment, L. 2003, p. 1401, � 8, effective January 1, 2004.)
(h) All members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);
(i) Such other persons as a court may determine, for good cause;
(j) The state department of human services or department of early childhood or a county or district department of human or social services or a child placement agency investigating an applicant for a license to operate a child care facility or agency pursuant to section 26-6-912 or 26.5-5-316, when the applicant, as a requirement of the license application, has given written authorization to the licensing authority to obtain information contained in records or reports of child abuse or neglect. Access to the records and reports of child abuse or neglect granted to the named department or agencies must serve only as the basis for further investigation.
(j.5) The state department of human services, department of early childhood, or a county or district department of human or social services investigating an exempt family child care home provider pursuant to section 26.5-5-326, as a prerequisite to issuance or renewal of a contract or any payment agreement to receive money for the care of a child from publicly funded state child care assistance programs. Access to the records and reports of child abuse or neglect granted to the named department or agencies must serve only as the basis for further investigation.
(j.7) The department of early childhood, when requested in writing by any operator of a facility that is investigating an applicant for an employee or volunteer position with, or an employee or volunteer of, a licensed neighborhood youth organization pursuant to section 26.5-5-308, when the applicant, employee, or volunteer has given written authorization to the department of early childhood to check records or reports of child abuse or neglect. Any operator who requests information concerning an individual who is not a current employee or an applicant for employment commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501. Within twenty days after the operator's request, the department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect.
(j.8) The state department of human services or department of early childhood investigating any person required to submit to a background check pursuant to section 26-6-705 (2), when the person has given written authorization to the state department of human services or department of early childhood to check records or reports of child abuse or neglect;
(k) The state department of human services or department of early childhood, when requested in writing by any operator of a facility or agency that is licensed by the state department of human services pursuant to section 26-6-912 or department of early childhood pursuant to section 26.5-5-316, to check records or reports of child abuse or neglect for the purpose of screening an applicant for employment or a current employee. Any operator who requests information concerning an individual who is not a current employee or an applicant for employment commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. Within twenty days after the operator's request, the state department of human services or department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse and neglect. Any operator who releases any information obtained pursuant to this subsection (2)(k) to any other person commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501.
(k.5) The state department of human services or department of early childhood, when requested in writing by a qualified county department, individual, or child placement agency approved to conduct home study investigations and reports pursuant to section 19-5-207.5 (2)(b)(I) for purposes of screening a prospective adoptive parent or any adult residing in the home pursuant to section 19-5-207 (2.5)(c), or investigating a prospective foster care parent, kinship care parent, or an adult residing in the home pursuant to section 26-6-912 (1)(c). Within twenty days after the request, the state department of human services or department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect. The county department, individual, or child placement agency is subject to the fee assessment established in subsection (2.5) of this section. With respect to screening a prospective adoptive parent, any employee of the county department or the child placement agency or any individual who releases any information obtained pursuant to this subsection (2)(k.5) to any person other than the adoption court commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501.
(l) The state department of human services or department of early childhood, when requested in writing by the department of education to check records or reports of child abuse or neglect for the purpose of aiding the department of education in its investigation of an allegation of abuse by an employee of a school district in this state. Within twenty days after the department of education's request, the state department of human services or department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse or neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect. The department of education is subject to the fee assessment established in subsection (2.5) of this section. Any employee of the department of education who releases any information obtained under this subsection (2)(l) to any person not authorized to receive the information pursuant to section 22-32-109.7 or any member of the board of education of a school district who releases the information obtained pursuant to section 22-32-109.7 commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501.
(m) The department of early childhood, state department of human services, and county departments of human or social services, for the following purposes:
(I) Screening any person who seeks employment with, is currently employed by, or volunteers for service with the department of early childhood, state department of human services, department of health care policy and financing, or a county department of human or social services, if the person's responsibilities include direct contact with children;
(II) Conducting evaluations pursuant to section 14-10-127, C.R.S.;
(III) Screening any person who will be responsible to provide child care pursuant to a contract with a county department for placements out of the home or private child care;
(IV) Screening prospective adoptive parents;
(n) Private adoption agencies, including private adoption agencies located in other states, for the purpose of screening prospective adoptive parents;
(o) A person, agency, or organization engaged in a bona fide research or evaluation project, but without information identifying individuals named in a report, unless having said identifying information open for review is essential to the research and evaluation, in which case the executive director of the state department of human services shall give prior written approval and the child through a legal representative shall give permission to release the identifying information;
(o.5) An auditor conducting a financial or performance audit of a county department of human or social services pursuant to section 26-1-114.5, C.R.S.;
(p) A governing body as defined in section 19-1-103;
(q) (Deleted by amendment, L. 2003, p. 1401, � 8, effective January 1, 2004.)
(r) The department of early childhood, when requested in writing by any operator of a guest child care facility or public service short-term child care facility that is investigating an applicant for a supervisory employee position or an employee of a guest child care facility or a public services short-term child care facility pursuant to section 26.5-5-307, when the applicant or employee, as a requirement of application for employment, has given written authorization to the department of early childhood to check records or reports of child abuse or neglect. Any operator who requests information concerning an individual who is not a current employee or an applicant for employment commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501. Within twenty days after the operator's request, the department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse and neglect.
(s) The state department of human services or the department of early childhood investigating a prospective CASA volunteer for the CASA program when the prospective CASA volunteer has given written authorization to the CASA program to check any records or reports of child abuse or neglect pursuant to section 19-1-205 (3)(a.5);
(t) State, county, and local government agencies of other states and child placement agencies located in other states, for the purpose of screening prospective foster or adoptive parents or any adult residing in the home of the prospective foster or adoptive parents;
(u) The child protection ombudsman program created in section 19-3.3-102, when conducting an investigation pursuant to article 3.3 of this title;
(v) A licensed child placement agency, for the purpose of screening prospective foster parents, any adult residing in the home of the prospective foster parent, and specialized group facilities, pursuant to the following conditions:
(I) Access is limited to information concerning a current or prospective foster parent, an adult residing in the home of the current or prospective foster parent, or a specialized group facility and includes only the following information:
(A) Whether a report of child abuse or neglect has been made regarding the person;
(B) The general nature of the alleged incident of child abuse or neglect, including the category of the allegation, and the name and relationship of the perpetrator and victim;
(C) Whether the report of child abuse or neglect was screened for assessment;
(D) The outcome of the investigation including the investigator's summary of the reason or reasons for his or her finding or conclusions; and
(E) Child care and child welfare licensing history;
(II) (A) Access is limited to one person at each child placement agency, as designated by the agency and reported to the state department of human services.
(B) The state department of human services shall monitor a child placement agency's access to the records and reports of child abuse or neglect to ensure that the child placement agency is accessing the records and reports of child abuse or neglect in accordance with this paragraph (v).
(C) An unaccepted referral or an unfounded or inconclusive assessment pursuant to subparagraph (I) of this paragraph (v) does not necessarily require that a current or prospective foster parent be denied placement pursuant to this article.
(w) The designated authorities at the military base of assignment or installation for a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces who is the individual responsible for the abused or neglected child. The authorities may be designated in a memorandum of understanding as described and authorized in section 19-1-303 (2.6).
(x) A county department that assesses or provides protective services for at-risk adults, pursuant to article 3.1 of title 26, when the information is necessary for the county department to adequately assess for safety and risk or to provide protective services for an at-risk adult. The information disclosed pursuant to this subsection (2)(x) is limited to information regarding prior or current referrals, assessments, investigations, or case information related to a child or an alleged perpetrator. A county department that assesses or provides protective services for children is permitted to access information from a county department that assesses or provides protective services for at-risk adults pursuant to section 26-3.1-102 (7)(b)(VIII). The provisions of this subsection (2)(x) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information.
(y) The state department of human services, department of early childhood, or a requesting individual, or the individual's designee, after proof of identification, when requested in writing to check records or reports of child abuse or neglect of the requesting individual for the purpose of screening the requesting individual when the requesting individual's responsibilities include care of children, treatment of children, supervision of children, or unsupervised contact with children.
(2.3) The following agencies or appointed attorneys must be granted statewide read-only access to the name index and register of actions for the judiciary department:
(a) Criminal justice agencies as described in section 24-72-302 (3), C.R.S.;
(b) County departments, as defined in section 19-1-103, and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103, as it relates to the attorneys' work representing the county;
(c) Professionals under contract with the office of the child's representative, created in section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad litem or counsel for youth, as it relates to a case in which the attorney is appointed; and
(d) A professional under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which the attorney is appointed.
(2.5) Fee - records and reports fund - rules. (a) Any person or agency provided information from the state department of human services or department of early childhood pursuant to subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section and any child placement agency must be assessed a fee that is established and collected by the state department of human services or established and collected by the department of early childhood pursuant to parameters set forth in rule established by the state board of human services or the department of early childhood pursuant to parameters set forth in rule established by the executive director of the department of early childhood, whichever is applicable. At a minimum, the rules must include a provision requiring the state department of human services or department of early childhood, as applicable, to provide notice of the fee to interested persons and the maximum fee amount that the department shall not exceed without the express approval of the state board of human services or executive director of the department of early childhood, as applicable. The fee established must not exceed the direct and indirect costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section.
(b) All fees collected in accordance with subsection (2.5)(a) of this section must be transmitted to the state treasurer who shall credit the same to the records and reports fund, which fund is hereby created. The fund also consists of fees credited to the fund pursuant to section 26-3.1-111. The money in the records and reports fund is subject to annual appropriation by the general assembly for the direct and indirect costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section and for the direct and indirect costs described in section 26-3.1-111.
(3) After a child who is the subject of a report to the state department of human services reaches the age of eighteen years, access to that report shall be permitted only if a sibling or offspring of such child is before any person mentioned in subsection (2) of this section and is a suspected victim of child abuse or neglect.
(4) Any person who improperly releases or who willfully permits or encourages the release of data or information contained in the records and reports of child abuse or neglect to persons not permitted access to such information by this section or by section 19-1-303 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
Source: L. 96: Entire part added with relocations, p. 1166, � 6, effective January 1, 1997; (2)(q) added and (2.5) amended, pp. 1587, 1588, �� 16, 17, effective January 1, 1997. L. 98: IP(2) and (2)(p) amended, p. 821, � 25, effective August 5; (2)(m)(II) amended, p. 1408, � 67, effective February 1, 1999. L. 99: (2)(k.5) added, p. 1025, � 10, effective May 29. L. 2002: (2)(e) amended, p. 1809, � 2, effective July 1; (2)(r) added, p. 411, � 3, effective July 1; (2)(k) amended, p. 1523, � 224, effective October 1. L. 2003: (2), (2.5), and (3) amended and (4) added, p. 1401, � 8, effective January 1, 2004. L. 2006: (2)(j.5) added, p. 1084, � 5, effective May 25. L. 2007: (2)(j.5) amended, p. 318, � 3, effective April 2; (2)(r) amended, p. 866, � 3, effective May 14; (2)(k.5), (2)(n), and (2.5) amended and (2)(t) added, p. 1015, � 1, effective May 22; (2)(c) amended, p. 798, � 7, effective July 1. L. 2008: (2.3) added, p. 1243, � 6, effective August 5; (2.5) amended, p. 1892, � 62, effective August 5. L. 2010: (2)(j.7) added, (HB 10-1044), ch. 85, p. 288, � 3, effective April 14; (2)(u) added, (SB 10-171), ch. 225, p. 982, � 3, effective May 14; (2)(e.5) added, (SB 10-152), ch. 224, p. 971, � 1, effective September 1. L. 2011: IP(2)(e.5)(I) and (2)(e.5)(I)(G) amended, (SB 11-187), ch. 285, p. 1327, � 70, effective July 1; (2)(j.7) amended, (HB 11-1145), ch. 163, p. 563, � 5, effective August 10; IP(2)(e.5)(I), (2)(e.5)(I)(L), and (2)(e.5)(I)(M) amended and (2)(e.5)(I)(N) added, (SB 11-034), ch. 125, p. 390, � 2, effective January 1, 2012. L. 2013: (2)(e.5)(I)(M) and (2)(e.5)(I)(N) amended and (2)(e.5)(I)(O) added, (HB 13-1104), ch. 77, p. 248, � 5, effective August 7. L. 2015: (2)(k.5) amended, (SB 15-087), ch. 263, p. 1019, � 13, effective June 2; (2)(o) amended and (2)(o.5) added, (HB 15-1370), ch. 324, p. 1326, � 3, effective June 5; (2)(v) added, (HB 15-1248), ch. 306, p. 1253, � 1, effective July 1; (2.5) amended, (SB 15-264), ch. 259, p. 952, � 42, effective August 5. L. 2017: (2.5) amended, (HB 17-1284), ch. 272, p. 1503, � 7, effective May 31; IP(2) amended and (2)(w) added, (SB 17-028), ch. 332, p. 1784, � 3, effective August 9; (2)(c) amended, (SB 17-223), ch. 158, p. 563, � 16, effective August 9; (2)(h) amended, (SB 17-016), ch. 107, p. 392, � 4, effective August 9; IP(2)(e.5)(I), (2)(e.5)(I)(N), (2)(e.5)(I)(O), and IP(2)(e.5)(II) amended and (2)(e.5)(I)(P) added, (HB 17-1185), ch. 194, p. 709, � 1, effective December 31. L. 2018: (2)(a), (2)(j), (2)(j.5), IP(2)(m), and (2)(m)(I) amended, (SB 18-092), ch. 38, p. 411, � 36, effective August 8. L. 2019: (2)(j.8) added, (HB 19-1142), ch. 265, p. 2509, � 2, effective August 2; (2)(w) and (2.5) amended and (2)(y) added, (SB 19-177), ch. 311, p. 2810, � 1, effective August 2; (2)(x) added, (HB 19-1063), ch. 46, p. 155, � 1, effective August 2; IP(2.3) and (2.3)(d) amended, (HB 19-1104), ch. 14, p. 56, � 1, effective August 2; (2)(e.5)(I)(O) amended, (HB 19-1172), ch. 136, p. 1681, � 111, effective October 1. L. 2020: (2)(e.5)(I)(G) amended, (HB 20-1206), ch. 304, p. 1550, � 64, effective July 14. L. 2021: IP(2), (2)(p), and (2.3)(b) amended, (SB 21-059), ch. 136, p. 730, � 72, effective October 1; (1)(c), (2)(k), and (4) amended, (SB 21-271), ch. 462, p. 3219, � 386, effective March 1, 2022. L. 2022: IP(2), IP(2)(e.5)(I), (2)(e.5)(I)(K), (2)(j), (2)(j.5), (2)(j.7), (2)(j.8), (2)(k), (2)(k.5), (2)(l), IP(2)(m), (2)(m)(I), (2)(r), (2)(s), (2)(y), and (2.5)(a) amended, (HB 22-1295), ch. 123, p. 831, � 35, effective July 1; IP(2), (2)(d), and (2.3)(c) amended, (HB 22-1038), ch. 92, p. 440, � 20, effective January 9, 2023. L. 2023: (2.5) amended, (SB 23-217), ch. 95, p. 354, � 1, effective April 20; (2)(p) amended, (SB 23-210), ch. 251, p. 1432, � 16, effective May 24; (2)(j.7), (2)(k), (2)(k.5), (2)(l), (2)(r), and (2)(y) amended, (HB 23-1235), ch. 434, p. 2552, � 20, effective June 7. L. 2024: (2)(e.5)(I)(P) amended, (HB 24-1222), ch. 155, p. 687, � 4, effective August 7. L. 2025: IP(2.3), (2.3)(c), and (2.3)(d) amended, (SB 25-239), ch. 142, p. 537, � 4, effective August 6.
Editor's note: (1) This section was formerly numbered as � 19-1-120.
(2) Amendments to the introductory portion to subsection (2)(e.5)(I) by Senate Bill 11-187 and Senate Bill 11-034 were harmonized, effective January 1, 2012.
(3) In Peck v. McCann, 43 F.4th 1116 (10th Cir. 2022), the United States Court of Appeals for the Tenth Circuit held that subsection (4) is unconstitutional under the first amendment of the United States Constitution because it restricts and punishes the disclosure of non-identifying information contained in child abuse reports.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(k), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2003 act amending subsections (2), (2.5), and (3) and enacting subsection (4), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in HB 15-1370, see section 1 of chapter 324, Session Laws of Colorado 2015. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.