Colorado Mandatory Reporting Requirements Regarding Children (CRS 19-3-304)
People Who Are Legally Required to Report Child Abuse and Sexual Assault on a Child Suspicion in Denver
There are certain occupations in Denver, Arapahoe, Douglas County and across Colorado that require a person to automatically report Sexual Assault on a Child or Child Abuse in Colorado; this includes serious sex offenses like Incest (CRS 18-6-302), Sexual Assault on a Child (CRS 18-3-405), or Unlawful Sexual Contact (CRS 18-3-404). The Colorado Mandatory Reporting Requirements Regarding Children state that if a person has a “reasonable cause to know or suspect that a child has been subjected to abuse or neglect…” that they are bound by law to report it to the authorities. It is very important to be aware of your responsibilities when working in any of these mandatory reporting occupations in Denver, Littleton, Arvada, Broomfield, and all along the Front Range.
Failure to Report Abuse Results in Criminal Charges in Adams County
A conviction resulting from failure to follow the mandatory reporting requirements in Jefferson or Adams County will end in a class 2 misdemeanor and responsibility of financial damages done to the victim because of the failure to report. The Colorado Mandatory Reporting Requirements state that an initial report must be made “immediately,” with a written report following shortly after. Under Colorado law, the reporter may remain anonymous. If they do not report the abuse, yet are believed to have been aware of the incident, they will face criminal charges.
A class 2 misdemeanor has the minimum penalty of $50 in fines, and a maximum sentence of 4 months in jail and/or a $750 fine.
Which Occupations Are Required to Report Suspected Abuse in Arapahoe County?
The following occupations in Englewood, Centennial, or Sheridan are required to report any type of suspected or known abuse according to CRS 19-3-304:
- Physicians or surgeons, including physicians in training;
- Child health associates;
- Medical examiners or coroners;
- Chiropodist or podiatrists;
- Registered nurses or licensed practical nurses;
- Hospital personnel engaged in the admission, care, or treatment of patients;
- Christian science practitioners;
- Public or private school officials or employees;
- Social workers;
- Mental health professionals;
- Dental hygienists;
- Physical therapists;
- Peace officers;
- Commercial film and photographic print processors;
- Victim's advocates;
- Licensed professional counselors;
- Licensed marriage and family therapists;
- Registered psychotherapists;
- Clergy members (but not if the reasonable cause is acquired only through a privileged communication);
- Registered dietitians;
- Workers in the state department of human services;
- Juvenile parole and probation officers;
- Child and family investigators;
- Officers and agents of the state bureau of animal protection, and animal control officers;
- The child protection ombudsman as created in article 3.3 of this title;
- Educator providing services through a nutrition program for women, infants and children;
- Director, coach, assistant coach, or athletic program personnel employed by a private sports organization or program;
- Registered psychologists, marriage / family therapists, or licensed professional counselors;
- Emergency medical service providers;
- Any commercial film and photographic print processor who has access to content displaying children in acts of sexual conduct.
Denver Defense Attorney for Failing to Report Abuse
If you are working one of these jobs in Larimer or Weld County and have encountered an incident where sexual assault or child abuse may have occurred and have seen your job listed under the mandatory reporting requirements, be smart and exercise your right to remain silent. Contact the best Denver criminal defense attorneys at Sawyer Legal Group at 303-830-0880. Together, we can protect your future.
19-3-304. Persons required to report child abuse or neglect – Definition
(1) (a) Except as otherwise provided by section 19-3-307, section 25-1-122 (4)(d), C.R.S., and paragraph (b) of this subsection (1), any person specified in subsection (2) of this section who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving such information report or cause a report to be made of such fact to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.
(b) The reporting requirement described in paragraph (a) of this subsection (1) shall not apply if the person who is otherwise required to report does not:
(I) Learn of the suspected abuse or neglect until after the alleged victim of the suspected abuse or neglect is eighteen years of age or older; and
(II) Have reasonable cause to know or suspect that the perpetrator of the suspected abuse or neglect:
(A) Has subjected any other child currently under eighteen years of age to abuse or neglect or to circumstances or conditions that would likely result in abuse or neglect; or (B) Is currently in a position of trust, as defined in section 18-3-401 (3.5), C.R.S., with regard to any child currently under eighteen years of age.
(2) Persons required to report such abuse or neglect or circumstances or conditions include any:
(a) Physician or surgeon, including a physician in training; (b) Child health associate; (c) Medical examiner or coroner; (d) Dentist; (e) Osteopath; (f) Optometrist; (g) Chiropractor; (h) Podiatrist; (i) Registered nurse or licensed practical nurse; (j) Hospital personnel engaged in the admission, care, or treatment of patients; (k) Christian science practitioner; (l) Publicor private school official or employee; (m) Social worker or worker in any facility or agency that is licensed or certified pursuant to part 1 of article 6 of title 26, C.R.S.; (n) Mental health professional; (o) Dental hygienist; (p) Psychologist; (q) Physical therapist; (r) Veterinarian; (s) Peace officer as described in section 16-2.5-101, C.R.S.; (t) Pharmacist; (u) Commercial film and photographic print processor as provided in subsection (2.5) of this section; (v) Firefighter as defined in section 18-3-201 (1.5), C.R.S.; (w) Victim's advocate, as defined in section 13-90-107 (1)(k)(II), C.R.S.; (x) Licensed professional counselors; (y) Licensed marriage and family therapists; (z) Registered psychotherapists;
(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 12-43-304 (7), marriage and family therapist candidate pursuant to section 12-43-504 (5), or licensed professional counselor candidate pursuant to section 12-43-603 (5), or who is described in section 12-43-215; (kk) Emergency medical service providers, as defined in sections 25-3.5-103 (8) and 25-3.5-103 (12) and certified pursuant to part 2 of article 3.5 of title 25; (ll) Officials or employees of county departments of health, human services, or social services; and (mm) Naturopathic doctor registered under article 37.3 of title 12. (2.5) Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child engaged in an act of sexual conduct shall report such fact to a local law enforcement agency immediately or as soon as practically possible by telephone and shall prepare and send a written report of it with a copy of the film, photograph, video tape, negative, or slide attached within thirty-six hours of receiving the information concerning the incident. (3) In addition to those persons specifically required by this section to report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in abuse or neglect, any other person may report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in child abuse or neglect to the local law enforcement agency, the county department, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S. (3.5) No person, including a person specified in subsection (1) of this section, shall knowingly make a false report of abuse or neglect to a county department, a local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.
(4) Any person who willfully violates the provisions of subsection (1) of this section or who violates the provisions of subsection (3.5) of this section:
(a) Commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501; (b) Shall be liable for damages proximately caused thereby.