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- Will My Child Have To Testify In My Colorado Domestic Violence Case?
- Dual Arrests – Colorado Domestic Violence Arrest Mistakes – The Predominant Aggressor Law – Revisited
- How Can I Get A False Colorado Domestic Violence Case Dismissed?
- False Charges In Colorado Domestic Violence Cases – The Ugly Divorce
- Why Aren’t Perjury Charges Filed More Often In Colorado Domestic Violence Cases?
- Police Contact in Colorado – What Are My Rights?
- Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
- Colorado Criminal Law Update – Colorado May Upgrade Strangulation To A Felony – Even Without Serious Bodily Injury
- Your Colorado Criminal Defense Lawyer Must Conduct A Thorough Investigation Of Your Case To Properly Defend You
- Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
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- Colorado Domestic Violence Law – False Reporting To Authorities – 18-8-111 – A Dangerous Law
- New 2013 Colorado Gun Law In Domestic Violence Cases Applies Further Protection / Restraining Order Restrictions On Second Amendment Rights
- Colorado Q and A – Knowing Your Constitutional Rights – The First Step In A Colorado Criminal Defense Strategy
- Colorado Restraining Orders
- How To Lift A Colorado Domestic Violence No Contact Order by Denver Criminal Defense Lawyer – H. Michael Steinberg
- Colorado Domestic Violence Permanent Civil Protection Order Laws – Title 13 and 18
- Lifting Or Modifying Colorado Civil Restraining – Protection Orders Pursuant to C.R.S. 13-14-108
- Colorado Violation Of Protection Orders Cases -18-6-803.5. The Why and The How
- Colorado Civil Protection Orders And The Loss Of The Right To Bear Firearms – 13-14-105.5
- Colorado Criminal Law – Civil Restraining Orders – Common Sense Rules When You Have a Permanent Restraining Order Pending In Court Against You
- Questions and Answers About Violation of A Restraining Order in Colorado
- Colorado Domestic Violence Cases and Restraiing Orders
- Colorado Domestic Violence Restraining Orders – The Trick -Making Me Break the Restraining Order
- Colorado Domestic Violence Issues – The Initial Steps To Take In Dealing with a Restraining Order?
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Criminal Restitution Law – Collecting Unpaid Pre- & Post Judgement Interest – An Unfair Turn In The Law
- Colorado Criminal Domestic Violence Laws – Understanding the Crime of Stalking and Stalking Behavior
- Understanding the Crime of Stalking in Colorado – A Case In Point
- Colorado Domestic Violence No Contact Orders
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
- Colorado Criminal Law: What Is the Crime of False Reporting All About?
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards, Risk Categories and the Completion of Court Ordered Mandated Treatment – Part I
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards and the Completion of Court Ordered Mandated Treatment – Part II
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- Transferring Probation Out Of Colorado – The Interstate Compact
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- Colorado Criminal Domestic Violence Cases – The Critical Impact of Expert Opinions On The Jury – The Battered Woman’s Syndrome And Other Issues For Expert Testimony
- Colorado Criminal Domestic Violence Law – The Unfairness Of The Admission of Evidence of Character Other Crimes, Wrongs, or Acts – The So Called 404B – Similar Transactions Evidence
- Colorado Law: A New Idea In An Old Problem – Sequential Viewing for Identification Lineups -Eyewitness Identification Methods
- Understanding The Laws, Politics And Policies Behind Domestic Violence Cases – No Room For Justice Here*
- Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
- Understanding Colorado Arrest and Conviction Records
- Colorado Domestic Violence Trials – What Juries Really Think
- Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
- Colorado Domestic Violence Law – Arrests for Violations of Civil Protection – Restraining Orders
- How Colorado Criminal Offenders Are Sentenced – Judges Assess Risk
- Understanding Colorado Presentence Confinement In Concurrent Felony – Misdemeanor Sentencing – § 18-1.3-405
- Domestic Violence and Syndrome Evidence
- Federal Domestic Violence Laws Overview
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- 2011 Colorado Domestic Violence Treatment Providers By County
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Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
by Colorado Criminal Defense Lawyer – Attorney for the defense of child abuse cases – H. Michael Steinberg
Mandatory Reporters in the state of Colorado are required to report all instances of child abuse or suspected child abuse immediately.
Left open was a question – before a modification was passed – was why the law failed to address the issue of suspected adult survivors of child abuse. That is, whether these same mandatory reporters are required to report child abuse – especially sexual abuse – that occurred to adults when they were children.
That confusion no longer exists.
- Colorado Child Abuse Mandatory Reporters Law
The Old Colorado Child Abuse Mandatory Reporting Law – The Requirement that Certain Persons Report Child Abuse or Neglect (C.R.S. 19-3-304)
The statute was,
“…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 which 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 or local law enforcement agency.”
Under a broad interpretation of Colorado Revised Statute 13-3-304, adult survivors of childhood sexual abuse could and did have their cases reported to the authorities without their consent.
The New Colorado Child Abuse Mandatory Reporters Law
The new law additionally clarifies that mandatory reporters (as defined in C.R.S. 19-3-304) must make a report regarding an adult’s disclosure of childhood abuse under the following conditions:
• If the mandatory reporter has reasonable cause to know or suspect that the perpetrator of the suspected abuse or neglect 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
• If the alleged perpetrator 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.
This statutory change in no way requires mandatory reporters to investigate or make further inquiry regarding the status of alleged perpetrators. The revision means that any disclosure by an adult survivor that does not include information indicating that a child is currently in danger, that the perpetrator is currently in a position of trust, or that otherwise gives reasonable cause to know or suspect a child is currently at risk, must remain confidential pursuant to C.R.S. 13-90-107, which protects communication with certain immunity.
In a nutshell the law clarifies that a mandatory report to law enforcement and/or the Department of Human Services does not apply if the victim is currently 18 years or older… thus indicating that its purpose is to protect individuals who are presently children. The mandatory reporting law is designed to give adult reporting voices to children whom we have reasonable cause to believe are the subject of abuse.
Why The Change Makes Sense
It is common for survivors to wait until adulthood to seek professional support. If mandatory reporters are required to report abuse disclosed to them by an adult client, these same people – seeking help and NOT wishing to prosecute these cases – may be deterred from receiving vital support services. Also these victims can potentially experience increased trauma from being forced to report an incident. Adults will now be able to obtain support services without the intimidation and fear associated with the repercussions of an unwanted investigation.
The Colorado Mandatory Reporting Law remains the same for suspected child abuse.
Current law, 19-3-304 specifies that any mandatory reporter 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 which would reasonably result in abuse or neglect shall immediately make a report.
Restatement of The Existing Laws on Colorado Mandatory Reporters of Child Abuse
Who Can and – Is Required To – Report Suspected Child Abuse and Neglect in Colorado?
Any person who has a reasonable suspicion of child abuse or neglect can make a report to Child Protective Services or law enforcement. CRS 19-3-309 states that, “Any person, other than the perpetrator, complicitor, coconspirator, or accessory, participating in good faith in the making of a report…shall be immune from any liability, civil or criminal, or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person’s behavior was willful, wanton, and malicious.”
In other words, if you make a report of suspected child abuse and/or neglect in good faith, you will not have any civil or criminal liability resulting from the report unless you were a perpetrator or took part in some way in the abuse or neglect. In addition, you cannot be fired from your job. This civil and criminal immunity does not hold true for an individual who knowingly makes a false report of child abuse or neglect for malicious reason
The Colorado Mandatory Child Abuse Reporters Law
Colorado law has determined that individuals working within certain fields are required by law to report suspected child abuse and/or neglect. These individuals are called Mandatory Reporters. CRS 19-3-304(2) gives a list of these mandatory reporters, including:
Physicians
Child Health Associate
Medical Examiner or Coroner
Dentist
Osteopath
Optometrist
Chiropractor
Chiropodist or Podiatrist
RN or LPN
Hospital Personnel engaged in admission, care or treatment
Christian Science Practitioner
Public or Private School Official or Employee
Social Worker or DHS Case Manager
Licensed Child Care Provider
Mental Health Professional
Dental Hygienist
Psychologist
Physical Therapist
Veterinarian
Peace Officer
Pharmacist
Commercial Film Processor
Firefighter
Victim’s Advocate
Licensed Professional Counselor
Licensed Marriage & Family Therapist
Unlicensed Psychotherapist
Clergy Member
Registered Dietitian
State Dept. of Human Services Worker
Juvenile Parole & Probation Officers
Child & Family Investigators
Animal Control & Animal Protection Officers
Some Comparative Child Abuse Reporting Laws In Other States
Approximately 48 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands designate professions whose members are mandated by law to report child maltreatment.1 Individuals designated as mandatory reporters typically have frequent contact with children.
Some other professions frequently mandated across the States include commercial film or photograph processors (in 11 States, Guam, and Puerto Rico), substance abuse counselors (in 14 States), and probation or parole officers (in 17 States).
Film processors are mandated reporters in Alaska, California, Colorado, Georgia, Illinois, Iowa, Louisiana, Maine, Missouri, Oklahoma, and South Carolina. Substance abuse counselors are required to report in Alaska, California, Connecticut, Illinois, Iowa, Kansas, Massachusetts, Nevada, New York, North Dakota, Oregon, South Carolina, South Dakota, and Wisconsin. Probation or parole officers are mandated reporters in Arkansas, California, Colorado, Connecticut, Hawaii, Illinois, Louisiana, Massachusetts, Minnesota, Missouri, Nevada, North Dakota, South Dakota, Texas, Vermont, Virginia, and Washington.
Seven States and the District of Columbia include domestic violence workers on the list of mandated reporters, while seven States and the District of Columbia include animal control or humane officers.
Domestic violence workers are mandated reporters in Alaska, Arizona, Arkansas, Connecticut, Illinois, Maine, and South Dakota. Humane officers are mandated reporters in California, Colorado, Illinois, Maine, Ohio, Virginia, and West Virginia
Court-appointed special advocates are mandatory reporters in nine States.
Arkansas, California, Louisiana, Maine, Montana, Oregon, Virginia, Washington, and Wisconsin.
Members of the clergy now are required to report in 26 States.
Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, West Virginia, and Wisconsin. For more information,
see Child Welfare Information Gateway’s Clergy as Mandatory Reporters of Child Abuse and Neglect
Colorado’s Complete Statute On Child Abuse Mandatory Reporters
CRS 19-3-304(1) states that when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to abuse or neglect, or has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect, he or she is to immediately report the information to local Child Protective Services or law enforcement. The mandatory reporter is to follow the verbal report promptly with a written report.
CRS 19-3-304(4) states that any person who is a mandatory reporter and does not report child abuse and/or neglect to Child Protective Services or law enforcement can be charged with a class 3 misdemeanor and can be held liable for damages proximately caused by failing to report.
Please call our law firm if you have questions about ..
Child Abuse Mandatory Reporters
H. Michael Steinberg has been a Colorado criminal law specialist attorney for 40 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.
In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277
If you have questions about Colorado Child Abuse Mandatory Reporters in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.
In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters as regards Child Abuse Mandatory Reporters.
Other Articles of Interest:
- Links and Other Resources
- Three Rules in Child Abuse Allegations
- Colorado Law – Common Law Marriages
- Domestic Violence and Syndrome Evidence
- Federal Enforcement of Domestic Violence Protection Orders
