(1) (a) Except as otherwise provided by section 19-3-307, section 25-1-122 (4)(d), and subsections (1)(b) and (1)(c) of this section, a 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 the information report or cause a report to be made of the fact as soon as reasonably possible, but no later than twenty-four hours after receiving the information, 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.
(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.
(c) The reporting requirement described in subsection (1)(a) of this section does not apply if the person:
(I) Learns of the suspected abuse or neglect outside of the person's professional capacity that would require the person to make a report pursuant to this section; or
(II) Is employed by, an agent of, or a contractor for any attorney who is providing legal services.
(2) Persons required to report the abuse or neglect or circumstances or conditions include a:
(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) Repealed.
(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.
(3.2) A person specified in subsection (2) or (3) of this section shall not make a report due to a family's or child's race, ethnicity, socioeconomic status, or disability status. In addition, the reporting requirement described in subsection (1)(a) of this section does not apply if the basis for the report arises from concerns solely due to any of the following criteria:
(a) Socioeconomic status, which includes factors such as inadequate housing, furnishings, income, or clothing; or
(b) Disability.
(3.3) (a) A person specified in subsection (2) of this section shall not delegate the duty to make the report required by subsection (1)(a) of this section to another person who does not have firsthand knowledge of the suspected child abuse or neglect.
(b) An entity that employs a person specified in subsection (2) or (2.5) of this section may develop protocols regarding the process for making the report required by subsection (1)(a) of this section. The protocols must comply with state law and regulations. Representatives of the entity shall not deter or impede a person from filing a report required by subsection (1)(a) of this section.
(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. L. 2025: (2)(w) repealed, (HB 25-1188), ch. 337, p. 1776, � 2, effective May 31; (1)(a) and IP(2) amended and (1)(c), (3.2), and (3.3) added, (HB 25-1188), ch. 337, p. 1776, � 2, effective September 1.
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. For the legislative declaration in HB 25-1188, see section 1 of chapter 337, Session Laws of Colorado 2025.
19-3-304.2. Mandatory reporter task force - creation - reporting - definitions - repeal. (Repealed)
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.
Editor's note: Subsection (11) provided for the repeal of this section, effective July 1, 2025. (See L. 2022, pp. 2236, 2241.)
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.
19-3-304.4. Pre-adolescent services task force - duties - report - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1131), ch. 380, p. 2700, � 2, effective June 7. L. 2023: (1)(d)(I)(J) amended, (HB 23-1236), ch. 206, p. 1051, � 4, effective May 16.
Editor's note: (1) Subsection (2) provided for the repeal of this section, effective July 1, 2023. (See L. 2022, p. 2700.)
(2) For the amendment to subsection (1)(d)(I)(J) in SB 23-1236 in effect from May 16, 2023, until July 1, 2023, see chapter 206, Session Laws of Colorado 2023. (See L. 2023, p. 1051.)
Cross references: For the legislative declaration in HB 22-1131, see section 1 of chapter 380, Session Laws of Colorado 2022.
19-3-304.5. Emergency possession of certain abandoned children - definition. (1) If a parent voluntarily delivers a child to a firefighter, as defined in section 18-3-201 (1.5), or a staff member who engages in the admission, care, or treatment of patients at a hospital or community clinic emergency center, as defined in subsection (9) of this section, when the firefighter is at a fire station or the staff member is at a hospital or community clinic emergency center, as defined in subsection (9) of this section, the firefighter or staff member of the hospital or community clinic emergency center shall, without a court order, take temporary physical custody of the child if:
(a) The child is seventy-two hours old or younger; and
(b) The parent did not express an intent to return for the child.
(2) If a firefighter or staff member of a hospital or community clinic emergency center takes temporary physical custody of a child pursuant to subsection (1) of this section, the firefighter or staff member shall:
(a) Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health or safety of the child during the temporary physical custody; and
(b) Notify a law enforcement officer and the county department of the abandonment within twenty-four hours after the abandonment.
(3) A firefighter or staff member of a hospital or community clinic emergency center shall incur no civil or criminal liability for any good faith acts or omissions performed pursuant to this section.
(4) Upon receipt of notice pursuant to subsection (2) of this section, a law enforcement officer shall take the abandoned child into temporary custody pursuant to section 19-3-401.
(4.5) Any document prepared by a firefighter, a hospital or community clinic emergency center staff member, or a law enforcement officer pursuant to this section is a dependency and neglect record and is subject to the confidentiality provisions of section 19-1-307.
(5) Each county department of human or social services shall maintain and update on a monthly basis a report of the number of children who have been abandoned pursuant to this section. Each county department of human or social services shall submit such information to the state department of human services.
(6) Notwithstanding section 24-1-136 (11)(a)(I), the state department of human services shall submit an annual report to the general assembly not later than March 1 that compiles the monthly reports, required pursuant to subsection (5) of this section, of the number of children abandoned pursuant to this section.
(7) The general assembly hereby finds, determines, and declares that a county department of human or social services shall place an abandoned child with a potential adoptive parent as soon as possible. The general assembly further declares that, as soon as lawfully possible, a county department of human or social services shall proceed with a motion to terminate the parental rights of a parent who abandons a child.
(8) A parent who utilizes the provisions of this section shall not, for that reason alone, be found to be responsible in a confirmed report of abuse or neglect.
(9) Community clinic emergency center means a community clinic licensed by the department of public health and environment pursuant to section 25-3-101 (2)(a)(I)(B) that:
(a) Delivers emergency services; and
(b) Provides emergency care twenty-four hours per day and seven days a week throughout the year, except if located in a rural or frontier area that does not have the demand to support twenty-four-hour service or only operates each year during a specified time period due to seasonal population influx.
Source: L. 2000: Entire section added, p. 2004, � 2, effective June 3. L. 2002: (4.5) added, p. 168, � 1, effective April 1. L. 2003: (2)(b) amended and (8) added, p. 769, � 1, effective March 25. L. 2006: (8) amended, p. 1493, � 24, effective June 1. L. 2014: IP(1) amended, (HB 14-1214), ch. 336, p. 1499, � 12, effective August 6. L. 2017: (6) amended, (SB 17-234), ch. 154, p. 521, � 5, effective August 9. L. 2018: IP(1), IP(2), (3), and (4.5) amended and (9) added, (SB 18-050), ch. 20, p. 270, � 3, effective March 7; (5) and (7) amended, (SB 18-092), ch. 38, p. 417, � 52, effective August 8. L. 2024: (6) amended, (SB 24-135), ch. 34, p. 107, � 5, effective March 22.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.