(1) Reports of known or suspected child abuse or neglect made pursuant to this article shall be made immediately 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., and shall be followed promptly by a written report prepared by those persons required to report. The county department shall submit a report of confirmed child abuse or neglect within sixty days of receipt of the report to the state department in a manner prescribed by the state department.
(2) Reports of known or suspected child abuse or neglect made pursuant to this article 3 must include the following information whenever possible:
(a) The name, address, age, sex, and race of the child;
(b) The name and address of the person responsible for the suspected abuse or neglect;
(c) The nature and extent of the child's injuries, including any evidence of previous cases of known or suspected abuse or neglect of the child or the child's siblings;
(d) The names and addresses of the persons responsible for the suspected abuse or neglect, if known;
(e) The family composition;
(f) The source of the report and the name, address, and occupation of the person making the report;
(g) Any action taken by the reporting source;
(h) Any other information that the person making the report believes may be helpful in furthering the purposes of this part 3;
(i) The military affiliation of the individual who has custody or control of the child who is the subject of the investigation of child abuse or neglect, if such individual is a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. This information shall be shared with the appropriate military installation authorities pursuant to the requirements set forth in sections 19-1-303 (2.6) and 19-1-307 (2)(w).
(2.5) Notwithstanding the requirements set forth in subsection (2) of this section, any officer or employee of a county, district, or municipal public health agency or state department of public health and environment who makes a report pursuant to section 25-1-122 (4)(d) or 25-4-405, C.R.S., shall include only the information described in said section.
(3) (a) A copy of the report of known or suspected child abuse or neglect shall be transmitted immediately by the county department to the district attorney's office and to the local law enforcement agency.
(b) When the county department reasonably believes a criminal act of abuse or neglect of a child in foster care has occurred, the county department shall transmit immediately a copy of the written report prepared by the county department in accordance with subsection (1) of this section to the district attorney's office and to the local law enforcement agency.
(4) A written report from persons or officials required by this part 3 to report known or suspected child abuse or neglect shall be admissible as evidence in any proceeding relating to child abuse, subject to the limitations of section 19-1-307.
Source: L. 87: Entire title R&RE, p. 766, 1, effective October 1. L. 90: (4) amended, p. 1012, 6, effective July 1. L. 93: (2.5) added, p. 1609, 2, effective June 6. L. 94: (2.5) amended, p. 2737, 364, effective July 1. L. 98: (4) amended, p. 822, 27, effective August 5. L. 2001: (3) amended, p. 758, 9, effective June 1. L. 2003: (1) amended, p. 1406, 10, effective January 1, 2004. L. 2010: (2.5) amended, (HB 10-1422), ch. 419, p. 2075, 36, effective August 11. L. 2013: (1) amended, (HB 13-1271), ch. 219, p. 1022, 3, effective May 14. L. 2016: (2.5) amended, (SB 16-146), ch. 230, p. 919, 14, effective July 1. L. 2017: IP(2) amended and (2)(i) added, (SB 17-028), ch. 332, p. 1784, 4, effective August 9.
Editor's note: 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 19-10-108 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 2003 act amending subsection (1), see section 1 of chapter 196, Session Laws of Colorado 2003.
Annotator's note. The following annotations include a case decided under former provisions similar to this section.
Information about defendant's background and demeanor during visit to mental health facility fell within scope of child abuse reporting statute. The information reported verbally by counselor in phone call to police and in subsequent written form was relevant to counselor's ability to determine whether defendant's "visions" had any basis in reality and as such constituted a legitimate report of suspected child abuse and was therefore exempt from confidentiality requirements under federal statute for substance abuse treatment records. People v. Jimenez, 217 P.3d 841 (Colo. App. 2008).
Statements are not rendered testimonial solely because they are made to persons who are subject to mandatory reporting requirements. People v. Phillips, 2012 COA 176, 315 P.3d 136.
Similarly, child's statements to public school employees and to caseworker are not testimonial simply because of their statutory duty to report. The employees and caseworker were not law enforcement officials; law enforcement officials had not asked them to question child about his injuries; and they did not otherwise work with law enforcement officials to obtain child's injury-related statements for later use in prosecuting defendant. People v. Phillips, 2012 COA 176, 315 P.3d 136.
Applied in People in Interest of M.A.L., 37 Colo. App. 307, 592 P.2d 415 (1976).