(1) It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to:
(a) Withhold, deny, deprive, or attempt to withhold, deny, or deprive a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal of any of the rights or privileges secured in section 24-34-803;
(b) Threaten to interfere with any of the rights of a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal secured in section 24-34-803;
(c) Punish or attempt to punish a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal for exercising or attempting to exercise any right or privilege secured by section 24-34-803; or
(d) Interfere with, injure, or harm, or cause another dog to interfere with, injure, or harm, a service animal.
(2) (a) Any person who violates subsection (1)(a), (1)(b), or (1)(c) of this section commits a petty offense and shall be punished as provided in section 18-1.3-503.
(b) Any person who violates subsection (1)(d) of this section commits a class 2 misdemeanor.
(3) (a) (I) Except as provided for in subsections (3)(a)(II) and (3)(a)(III) of this section, a person who violates any provision of subsection (1) of this section is liable to the qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal whose rights were affected for the penalties provided in section 24-34-602.
(II) A person who willfully or wantonly causes harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.
(III) The legal owner of an animal that is willfully or wantonly allowed to cause harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.
(b) In any action commenced pursuant to this subsection (3), a court may award costs and reasonable attorney fees.
(c) An animal care or control agency is exempt from the provisions of this subsection (3) if, after a good-faith effort, the agency is unaware that the animal is a service animal.
(4) Nothing in this section is intended to interfere with remedies or relief that any person might be entitled to pursuant to parts 3 to 7 of this article.
Source: L. 95: Entire section added, p. 325, � 3, effective August 7. L. 2002: (2) amended, p. 1534, � 254, effective October 1. L. 2014: (1) and (3)(a) amended and (3)(c) added, (SB 14-118), ch. 250, p. 982, � 13, effective August 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3228, � 425, effective March 1, 2022. L. 2025: (3)(a)(I) amended, (HB 25-1239), ch. 232, p. 1102, � 6, effective August 6.
Editor's note: The provisions of subsection (3)(a) in SB 14-118 have been renumbered on revision to conform to statutory format.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 25-1239, see section 1 of chapter 232, Session Laws of Colorado 2025.
24-34-805. Family preservation safeguards for families that include a parent with a disability - protections - legislative declaration - definitions. (1) (a) The general assembly finds and declares that:
(I) Persons with disabilities continue to face unfair, preconceived, and unnecessary societal biases, as well as antiquated attitudes, regarding their ability to successfully parent their children;
(II) Persons with disabilities have faced these biases and preconceived attitudes in family and dependency law proceedings concerning parental responsibilities and parenting time decisions, public and private adoptions, guardianship, and foster care;
(III) Because of these societal biases and antiquated attitudes, children of persons with disabilities historically have been vulnerable to unnecessary removal from one or both of their parents' care or are restricted from enjoying meaningful time with one or both parents; and
(IV) Children have been denied the opportunity to enjoy the experience of living in loving homes with a parent or parents with a disability or other caretakers with a disability.
(b) Therefore, the general assembly declares that to protect the best interests of children who are parented by persons with disabilities or children who could be parented by persons with disabilities:
(I) Procedural safeguards are required in adherence to the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations; and
(II) It is necessary to have respect for the due process and equal protection rights of parents and prospective parents with disabilities in the context of child welfare, foster care, family law, guardianship, and adoption.
(2) Achieving the goal of family preservation for a parent or prospective parent with a disability includes the following requirements:
(a) A parent's disability alone must not serve as a basis for denial or restriction of parenting time or parental responsibilities in:
(I) A domestic law proceeding pursuant to title 14, without a clear nexus to the parent's ability to meet the needs of the child;
(II) A minor guardianship proceeding pursuant to title 15, without a clear nexus to the parent's ability to meet the needs of the child; or
(III) A dependency and neglect proceeding pursuant to title 19, except when it impacts the health or welfare of a child;
(b) A prospective adoptive parent's disability alone must not serve as a basis for the denial of his or her participation in a public or private adoption pursuant to article 5 of title 19 unless it would impact the health or welfare of a child;
(c) An individual's disability alone must not serve as a basis for the denial of temporary custody or foster care of a minor, except when it impacts the health or welfare of a child;
(d) In a case brought pursuant to title 14, a minor guardianship proceeding pursuant to title 15, or article 4 of title 19:
(I) Where a parent's or prospective guardian's disability is alleged to have a detrimental impact on a child, the party raising the allegation bears the burden of proving, by a preponderance of the evidence, that the behavior or behaviors of the parent or prospective parent are contrary to the child's best interest; and
(II) If the burden of proof required pursuant to subsection (2)(d)(I) of this section is met, the parent or prospective guardian with a disability must be given the opportunity to demonstrate how the implementation of supportive parenting services can alleviate any concerns that have been raised. The court may require that such supportive parenting services be provided or implemented, given the resources of the family, with an opportunity to review the need for continuation of such services within a reasonable period of time.
(e) In a dependency and neglect case brought pursuant to title 19, when a respondent parent's disability is alleged to impact the health or welfare of a child, the court shall find whether reasonable accommodations and modifications, as required by the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations, were provided to avoid nonemergency removal on the basis of disability.
(f) In a case brought pursuant to title 14, a minor guardianship proceeding pursuant to title 15, or articles 4 and 5 of title 19, if a court determines that the right of a parent or prospective guardian with a disability to parenting time, parental responsibilities, guardianship, or adoption should be denied, restricted, or conditioned in any manner, the court shall make specific findings of fact and law stating the basis for such a determination and why the provision of supportive parenting services is not a reasonable accommodation or remedy to prevent the denial or limitation.
(3) As used in this section, unless the context otherwise requires:
(a) Disability has the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(b) Supportive parenting services means the provision of reasonable accommodations and modifications as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations, and are directly related to a disability and that enable a parent with a disability to safely fulfill parental responsibilities.
(4) The short title of this section is the Carrie Ann Lucas Parental Rights for People with Disabilities Act.
Source: L. 2018: Entire section added, (HB 18-1104), ch. 164, p. 1131, � 1, effective April 25. L. 2021: (4) added, (SB 21-107), ch. 60, p. 243, � 1, effective September 7.
24-34-806. Testing accommodations for Coloradans with disabilities - right of action - legislative declaration - definitions. (1) (a) The general assembly finds that:
(I) Licensing exams are gateways to employment opportunities;
(II) When an individual is attempting to obtain a professional license or certification for a trade, it is difficult to achieve such goals without sitting for some kind of licensing exam;
(III) While many testing entities have made efforts to ensure equal opportunity for individuals with disabilities, disabled Coloradans continue to question and make complaints about testing entities' excessive and burdensome documentation demands, failures to provide necessary testing accommodations, failures to respond to requests for testing accommodations in a timely manner, and failures to recognize the diagnoses or recommendations provided by an individual's medical or psychological provider;
(IV) The federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, ensures that individuals with disabilities have the opportunity to fairly compete for and pursue career opportunities by requiring standardized examination entities to offer exams in a manner that is accessible to persons with disabilities. When needed testing accommodations are provided, a test-taker can demonstrate the test-taker's true aptitude.
(V) Yet, Coloradans with disabilities are being denied the testing accommodations they need, and previously received, unless they undergo additional and costly diagnostic testing or psychological assessment. These denials result in disabled Coloradans either taking the licensing exam without the necessary testing accommodation or spending thousands of dollars on the requested diagnostic testing or psychological assessment in order to take the exam or test with the same testing accommodation they previously received.
(b) Therefore, the general assembly declares that Coloradans with disabilities must be able to receive the testing accommodations they need to adequately demonstrate their aptitude without having to first undergo additional diagnostic testing or psychological assessments if the testing accommodation they are requesting is the same testing accommodation they received previously or is in line with a medical or psychological provider's professional recommendation or diagnosis.
(2) As used in this section, unless the context otherwise requires:
(a) Licensing exam means a test that requires, in a given test administration, all test-takers to answer the same questions, in the same way; is scored in a standard or consistent manner; and is required for a professional or trade certification or licensure.
(b) Testing accommodation means a change to the regular testing environment or the permitted use of an auxiliary aid or service that allows an individual with a disability to demonstrate the individual's true aptitude or achievement level on a licensing exam test and includes, but is not limited to, the following:
(I) Braille or large-print exam booklets;
(II) Screen-reading technology;
(III) Scribes to transfer answers to bubble sheets or record dictated notes and essays;
(IV) Extended time;
(V) Breaks during an exam that are not counted in the total exam time;
(VI) Wheelchair-accessible testing stations;
(VII) To the extent possible, rooms that eliminate visual and auditory distractions;
(VIII) Physical prompts for individuals with hearing impairments; and
(IX) Permission to bring and take prescribed medication during the exam.
(c) Testing entity means a private entity of this state or a state or local governmental entity of this state that offers an exam related to licensing or certification for professional or trade purposes and has control over testing accommodation decisions.
(3) (a) A testing entity must grant an individual's request for a testing accommodation on a licensing exam if the individual:
(I) Has a disability that is recognized under the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended;
(II) Provides either:
(A) Proof of having received the previous testing accommodation due to the individual's disability on a past standardized exam or high-stakes test; or
(B) A recommendation letter from the individual's treating medical professional that recommends the accommodations requested by the individual and is signed and dated by the treating medical professional making the recommendation; and
(III) Repealed.
(IV) Requests the same testing accommodation that the individual previously received on another standardized exam or high-stakes test.
(b) If the individual meets the requirements specified in subsection (3)(a) of this section, the testing entity must not require the individual to provide additional documentation or undergo diagnostic testing or a psychological assessment to further support the individual's request for a testing accommodation.
(4) An individual adversely affected or aggrieved by a testing entity's decision regarding the individual's request for a testing accommodation pursuant to this section may bring a civil action against the testing entity in a court of competent jurisdiction for a willful violation of this section and is entitled to the following remedies:
(a) The relief set forth in section 24-34-602; and
(b) An award of attorney fees and costs.
(5) Upon receipt of a complaint for a violation of this section, the attorney general may investigate the violation. If the attorney general finds that a testing entity has violated or is violating this section, the attorney general may bring a civil action against the testing entity in a court of competent jurisdiction for a willful violation of this section.
(6) This section does not require a testing entity to provide accommodations to an individual with a disability if the accommodation would constitute a fundamental alteration or undue burden as defined in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended.
Source: L. 2024: Entire section added, (HB 24-1342), ch. 477, p. 3341, � 1, effective January 1, 2025. L. 2025: (3)(a)(II) and (4)(a) amended and (3)(a)(III) repealed, (HB 25-1239), ch. 232, p. 1102, � 7, effective August 6.
Cross references: For the legislative declaration in HB 25-1239, see section 1 of chapter 232, Session Laws of Colorado 2025.