Colorado Key Child Abuse and Neglect Laws – Listed

Colorado Key Child Abuse and Neglect Laws – Listed

Colorado Children’s Code  (Title 19)

19-1-103 Definitions

As used in this title or in the specified portion of this title, unless the context otherwise requires:

(1) (a) “Abuse” or “child abuse or neglect”, as used in part 3 of article 3 of this title, means an act or omission in one of the following categories that threatens the health or welfare of a child:

(I)        Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained; the history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product or an accidental occurrence;

(II)       Any case in which a child is subjected  to unlawful  sexual behavior as defined in 16-22-102 (9), C.R.S.;

(III)      Any case in which a child is a child in need of services because of the child’s parents, legal guardian, or custodian  fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall be subject to the provisions of section 19-3-103.

(IV)     Any case in which a child is subjected  to emotional abuse. As used in this subparagraph (IV), “emotional abuse” means an identifiable and substantial impairment of the child’s intellectual or psychological functioning or development or a substantial risk of impairment of the child’s intellectual or psychological functioning or development.

(V)       Any act or omission described in section 19-3-102 (1) (a), (1) (b), or (1) (c);

(VI)     Any case in which, in the presence of a child, or on the premises where a child is found, or where a child resides, a controlled substance,  as defined in section 18-18-102 (5), C.R.S., is manufactured or attempted to be manufacture.

(b) In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates including, but not limited to, accepted work- related practices of agricultural communities. Nothing in the subsection (1) shall refer to acts that could be construed to be a reasonable exercises of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2-502 that are performed by a peace officer, as described in section 16-2.5-101, C.R.S., acting in the good faith performance of the officer’s duties.

19-3-102. Neglected or dependent Child.

(1) A child is neglected  or dependent if:

(a) A parent, guardian, or legal custodian  has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian  has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;

(b) The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;

(c) The child’s environment is injurious  to his or her welfare;

(d) A parent, guardian, or legal custodian  fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being;

(e) The child is homeless,  without proper care, or not domiciled with his or her parent, guardian, or legal custodian  through no fault of such parent, guardian, or legal custodian;

(f ) The child has run away from home or is otherwise  beyond the control of his or her parent, guardian, or legal custodian;

(g) The child tests positive at birth for either a schedule-I controlled substance,  as defined in section

18-18-203, C.R.S., or a schedule-II controlled substance,  as defined in section 18-18-204, C.R.S., unless the child tests positive for a schedule-II controlled substance  as a result of the mother’s lawful intake of such substance as prescribed.

(2) A child is neglected or dependent if:

(a) A parent, guardian, or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse; and

(b) Such parent, guardian, or legal custodian  has been the respondent in another proceeding under this article in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has determined that such parent’s, guardian’s, or legal custodian’s abuse or neglect has caused the death of another child;

and

(c) The pattern of habitual abuse described in paragraph (a) of this subsection (2) and the type of abuse described in the allegations specified in paragraph (b) of this subsection (2) pose a current threat to the child.

Colorado Human Service Code  (Title 26)

26-3.1-101 De?nitions

(4) “Mistreatment” means an act or omission which threatens the health, safety, or welfare of an at-risk adult, as such term is defined in subsection (1) of this section, or which exposes the adult to a situation or condition that poses an imminent risk of death, serious bodily injury, or bodily injury to the adult. “Mistreatment” includes, but is not limited to:

(a)  Abuse which occurs:

(I)  Where there is infliction of physical pain or injury, as demonstrated  by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation;

(II) Where unreasonable confinement or restraint  is imposed; or

(III)Where there is subjection  to nonconsensual  sexual conduct or contact classified as a crime under the “Colorado Criminal Code”, title 18, C.R.S.;

(b)  Caretaker neglect which occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision  is not secured for the at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise; except that the withholding of artificial nourishment in accordance

with the “Colorado Medical Treatment Decision Act”, article 18 of title 15, C.R.S., shall not be considered  as abuse;

(c)  Exploitation, which is the illegal or improper use of an at-risk adult for another person’s advantage.

Colorado Criminal Code  (Title 18)

18-6-401 De?nitions

(1) (a) A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.

Legal De?nition of Unlawful Sexual Behavior and Sexual Abuse

Colorado Children’s Code  De?nitions 19-1-103

Any case in which a child is subjected  to unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.

Colorado Criminal Proceedings Code

De?nitions 16-22-102 (9)

(9) “Unlawful sexual behavior” means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

(a)   (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or

(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;

(b) Sexual assault in the second degree, in violation of section 18-3-404, C.R.S.; as it existed prior to July 1, 2000;

(c)  (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or

(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

(d)  Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

(e)  Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.5, C.R.S.; (f )  Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

(g)  Enticement of a child, in violation of section 18-3-305, C.R.S.; (h)  Incest, in violation of section 18-6-301, C.R.S.;

(i)  Aggravated incest, in violation of section 18-6-302, C.R.S.;

(j)  Trafficking in children, in violation of section 18-6-402, C.R.S.;

(k)  Sexual exploitation  of children, in violation of section 18-6-403, C.R.S.;

(l)  Procurement of a child for sexual exploitation  , in violation of section 18-6-404, C.R.S.; (m)  Indecent exposure, in violation of section 18-7-302, C.R.S.;

(n)  Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.; (o)  Pandering of a child, in violation of section 18-7-403, C.R.S.;

(p)  Procurement of a child, in violation of section 18-7-403.5, C.R.S.;

(q)  Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.; (r)  Pimping of a child, in violation of section 18-7-405, C.R.S.;

(s)   Inducement of a child prostitution, in violation of section 18-7-405.5 C.R.S.; (t)  Patronizing a prostituted child, in violation of section 18-7-406, C.R.S;

(u)  Engaging in sexual conduct in a penal institution, in violation of section 18-7-701, C.R.S.; (v)  Wholesale promotion of obscenity to a minor, in violation of section 18-7-102 (1.5), C.R.S.; (w) Promotion of obscenity to a minor, in violation of section 18-7-102 (2.5), C.R.S.

Colorado Criminal Code  (Title 18)

De?nitions 18-3-411 Sex offenses against children  – unlawful  sexual  offense de?ned – limitation for commencing proceedings – evidence – statutory privilege.

(1) As used in this section, “unlawful sexual offense” means enticement of a child, as described  in section

18-3-305, sexual assault, as described in section 18-3-402, when the victim at the time of the commission of the act is a child less than fifteen years of age, sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the second degree, as described in section 18-3-403 (1) (a), (1) (b), (1) (c), (1) (d), (1) (g), or (1) (h), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age, or as described  in section 18-3-403 (1) (e), as it existed prior to July 1, 2000, when the victim

is less than fifteen years of age and the actor is at least four years older than the victim; unlawful sexual contact, as described  in section 18-3-404 (1) (a), (1) (b), (1) (c), (1) (d), (1) (f ), or (1) (g), when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the third degree, as described in section 18-3-404 (1) (a), (1) (b), (1) (c), (1) (d), (1) (f ), or (1) (g), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than ?fteen years of age; sexual assault on a child, as described  in section 18-3-405; sexual assault on a child by one in a position of trust, as described in section 18-3-405.3; aggravated incest, as described in section 18-6-302; traf?cking in children, as described  in section 18-6-402; sexual exploitation of a child, as described  in section 18-6-403; procurement of a child for sexual exploitation, as described in section 18-6-404; indecent exposure, as described in section 18-7-302, soliciting for child prostitution, as described in section 18-7-402; pandering of a child, as described  in section 18-7-403; procurement of a child, as described  in section 18-7-403.5; keeping a place of child prostitution,  as described in section

18-7-404; pimping of a child, as described  in section 18-7-405; inducement of child prostitution, as described in section 18-7-405.5; patronizing a prostituted child, as described  in section 18-7-406; or criminal attempt, conspiracy, or solicitation to commit any of the acts speci?ed in this subsection (1).

(2) (a) No person shall be prosecuted, tried, or punished for an unlawful sexual offense other than the misdemeanor  offenses specified in sections 18-3-402 and 18-3-404, unless the indictment, information, complaint, or action for the same is found or instituted within ten years after commission of the offense. No person shall be prosecuted, tried, or punished for a misdemeanor  offense specified in section 18-3-402 or 18-3-404, unless the indictment, information, complaint, or action for the same is found or instituted within five years after the commission of the offense. The ten-year statute of limitations  shall apply to all offenses specified in subsection (1) of this section which are alleged to have occurred on or after July 1, 1979, but prior to July 1, 1992.

(b) No person shall be prosecuted, tried, or punished for an unlawful  sexual offense charged as a felony unless the indictment, information, complaint, or action for the same is found or instituted within ten years after the victim reaches the age of eighteen years. The ten-year statute of limitations  shall apply to all felony offenses specified in subsection (1) of this section which are alleged to have occurred on or after July 1, 1992.

(3) Out-of-court statements made by a child describing any act of sexual contact, intrusion, or penetration, as defined in section 18-3-401, performed with, by, or on the child declarant, not otherwise admissible by a statute or court rule which provides an exception to the objection of hearsay, may be admissible in any proceeding in which the child is a  victim of an unlawful sexual offense pursuant  to the provisions of section 13-25-129, C.R.S.

(4) All cases involving  the commission of an unlawful sexual offense shall take precedence before the court; the court shall hear these cases as soon as possible after they are filed.

(5) The statutory privilege between the husband and the wife shall not be available for excluding or refusing testimony in any prosecution of an unlawful sexual offense.

 

Colorado Domestic Violence Lawyer