Mandated Reporting Steps

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Child Abuse Reporting

Mandatory Reporting of Child Abuse or Neglect

Child abuse or neglect means an act or omission in one of the following categories which threatens the health or welfare of a child:

  1. “Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fractures of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or 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 of an accidental occurrence.”
  2. Any case in which a child is subjected to sexual assault, molestation, sexual exploitation, prostitution, incest, “unlawful sexual behavior,” human trafficking of a minor for sexual servitutude, internet luring of a child, or internet sexual exploitation of a child, as definde in C.R.S. 16-22-102(9).
  3. “Any case in which a child is in need of services because 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 requirement of this subparagraph shall be subject to the provisions of C.R.S. 19-3-103 regarding treatment through a recognized method of religious healing.
  4. Any case in which a child is subjected to emotional abuse.  Emotional abuse means an identifiable and substantial impairment of the child’s intellectual or psychological functioning or development or a substantial risk of impairment to the child’s intellectual or psychological functioning or development.
  5. Any act or omission described in C.R.S. 19-3-102(1)(a), C.R.S. 19-3-102(1)(b),or C.R.S. 19-3-102-(1)(c), which includes the abandonment of a child, allowing another person to mistreat or abuse a child, the lack of proper parental care for the child, or a child’s environment that is injurious to his or her welfare.
  6. Any case in which, in the presence of a child or in the premises where a child is found or where a child resides, a controlled substance such as methamphetamine is manufactured or attempted to be manufactured.
  7. Any case in which a child tests positive at birth for either a Schedule 1 or Schedule 11 controlled substance, such as methamphetamine, cocaine, or heroin, unless the child tests positive for a Schedule 11 controlled substance as a result of the mother’s lawful intake of such substance, as prescribed.

C.R.S. 19-3-304(4) provides that any person who willfully fails to report child abuse or neglect or who knowingly makes a false report shall be civilly liable for damages and commits a class 3 misdemeanor criminal offense.

Who to call

Colorado Child Abuse and Neglect Hotline - 844-CO-4-KIDS (844-264-5437)

What to include in an abuse/neglect report

When making a child abuse or neglect report, C.R.S. 19-3-307 states that such a report shall include the following:

  1. The name, address, sex, age, and race of the child;
  2. The name and address of the person responsible for the suspected child abuse or neglect;
  3. The nature of the child’s injuries and any evidence of any previous cases of abuse involving the child or the child’s siblings;
  4. The name and address of any person responsible for the suspected abuse or neglect;
  5. The family composition;
  6. The source of the report and the name, address, and occupation of the person making the report;
  7. Any action taken by the reporting source; and
  8. Any other information the reporting source believes may be helpful in the investigation.

Emotional Abuse

Under the Colorado Children’s Code, emotional abuse is defined in C.R.S. 19-1-103(1)(a)(IV) as abuse that causes “an identifiable and substantial impairment of the child’s intellectual or psychological functioning or development or a substantial risk of impairment to the child’s intellectual or psychological functioning or development.”

  • As in all other reports of suspected abuse or neglect to Child Protective Services or to law enforcement, make certain that you document your chart carefully.

Sexual Assaults on Children

C.R.S. 18-3-405 prohibits sexual assault on a child and provides, in part: “Any actor who knowingly subjects another, not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.”  Applying this statute, a child who is 14 years of age could consent to relations with a 17-year-old but not with an 18-year-old who is at least four years older than the 14-year-old.

C.R.S. 18-3-402 also defines sexual assault to include a situation where “the victim is at least fifteen years of age by less than seventeen years of age, and the actor is at least ten years older than the victim and is not the spouse of the victim.”  Applying this statute, a 16-year-old can consent to relations with a 25-year-old, but it is a crime when the victim is 16 years old, and the actor is 26 years old.

Sexual Exploitation of Children: Reporting those who possess or use child pornography

The possession or viewing of child pornography is a crime in Colorado, in violation of C.R.S. 18-6-403, which prohibits sexual exploitation of a child.  This statute states in part:

The mere possession or control of any sexually exploitative material results in the continuing victimization of our children by the fact that such material is a permanent record of an act or acts of sexual abuse of a child; that such material is used to break down the will and resistance of other children to encourage them to participate in similar acts of sexual abuse.

Accordingly, it is the public policy of the State of Colorado to ban the possession of any child pornography.  A violation of this statute is a felony offense.  Therapists are mandated to report such an offense to law enforcement when they suspect that an individual possesses or is viewing child pornography.

Additional notes on reporting child abuse/neglect

The Colorado Children’s Code, C.R.S. 19-3-304, requires therapists to report suspected child abuse or neglect.  Keep in mind that child abuse consists not only of injury to children, but also includes situations that pose a risk of injury of harm to children in a school, in a mall, in a movie theater, or in any other public setting, you should consider whether you suspect that child endangerment may occur, and then report the threat if potential child endangerment is suspected.

Who to call

Colorado Child Abuse and Neglect Hotline - 844-CO-4-KIDS (844-264-5437)

Mandatory Duty to Report Elder Abuse

Reporting Elder Abuse

In 2013, the Colorado General Assembly adopted a new statute, C.R.S. 18-6.5-108 that requires the reporting of abuse and exploitation of elders 70 years of age or older.  The effective date for this statute is July 1, 2014.

The types of abuse or exploitation of elders 70 years of age or older that must be reported are as follows:

  1. Abuse means the “nonaccidental infliction of bodily injury, serious bodily injury, or death; confinement or restraint that is unreasonable under generally accepted caretaking standards; (sexual conduct or contact) and caretaker neglect.”
  2. Exploitation for purposes of this statute means an act of omission committed by a person who “uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit or possession of anything of value”: who, in the absence of legal authority, “employs the services of a third party for the profit or advantage of the person or another person to the detriment of the at-risk elder”; who, “forces, compels, coerces, or entices an at-risk elder to perform services for the profit or advantage of the person or another person against the will of the at-risk elder”; or “misuses the property of an at-risk elder in a manner that adversely affects the at-risk elder’s ability to receive health care or health care benefits to to pay bills for basic needs or obligations.”
  3. Caretaker neglect means “neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or any other treatment necessary for the health or safety of an at-risk person is not secured for an at-risk person 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, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk person”; except that “the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, and artificial nutrition and hydration, in accordance with any valid medical directive or oder or as described in a palliative plan of care, is not deemed caretaker neglect.”

Reporting Procedures for Elder Abuse

In compliance with C.R.S. 18-6.5-108, a person “who observes the mistreatment of an at-risk elder or an at-risk adult with IDD, or who has reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated oris at imminent risk of mistreatment, shall report such fact to a law enforcement agency not more than 24 hours after making the observation or discovery.”

There is no requirement to report suspected abuse or neglect of an elder.

Best practice would be to disclose to the elder that a report will be made, and to obtain written acknowledgement, if possible, from the elder that a report is going to be made.  A professional making the report should document carefully all of the information obtained regarding the abuse or exploitation reported, the identities of witnesses to the abuse or exploitation, and all information concerning the reporting process, including the name of the law enforcement official to whom the report was made.

Failure to report abuse or exploitation of a senior who is 70 years of age or older is a misdemeanor criminal offense.

Who to call

Report the abuse to police or local law enforcement within 24 hours after making the observation or discovery of abuse. 719-444-7000

Mandatory Duty of At-Risk Adults with IDD

In compliance with the provisions of C.R.S. 26-3.1-102(1)(a.5) mental health professionals are now required to report abuse of at-risk adults with IDD.  An “at risk adult with IDD” means a person who is 18 years of age or older and is a person with an intellectual and developmental disability, as defined in C.R.S. 25.5-10-202-(26)(a) which states “intellectual and developmental disability emans a disability that manifests before the person reaches twenty two years of age, that constitutes a substantial disability to the affected person, and that is attributable to mental retardation or related conditions, with include cerebral palsy, epilepsy, autism, or other neurological conditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation.

Exception to the Reporting of Abuse to At-Risk Adults

There is no mandatory duty for mental health professionals to report when they have a professional relationship with a client who may be an at-risk adult but who is not an elder 70 years of age or older or an at-risk adult with IDD.

C.R.S. 26-3.1-102(1)(a) states “....is urged to report such fact to a county department not more than 24 hours after making the observation or discovery.”  The fact that mental health professionals are “urged” to make a report means that the report is not required.  If a therapist has a professional relationship with an at-risk adult, other than an elder 70 years of age or older or one with IDD, no mandatory duty exists to report the abuse without client consent.  

In fact, the mental health professional must have client consent to make a report due to the duty of confidentiality.

Who to call

Report the abuse to police or local law enforcement within 24 hours after making the observation or discovery of abuse. 719-444-7000

Duty to Report a Crime

C.R.S. 18-8-115

Applying this statute, licensed mental health professionals and registered psychotherapists have no duty to report a crime that occurred in the past or one that is imminent, unless:

  1. It involves child abuse or neglect
  2. It falls under the physical violence exception of the “duty to warn and protect” statute.
  3. A therapists must initiate a 72 hour hold evaluation because a client is a danger to self or others as a result of a mental disorder, as demonstrated by a threat to commit a violent crime against another person or by an actual crime committed by the client.
  4. A duty to report elder abuse or abuse of an at-risk adult with intellectual and developmental disability exist.s

As stated in the statute, a person who discloses information concerning a suspected crime to law enforcement or to an intended victim, when acting in good faith, will be immune from civil liability.  “Good faith” immunity means that the reporting person must have a factual basis for his or her suspicions that a crime has occurred, whether that factual basis results from personal observations, statements by the victim, or statements made by the suspected perpetrator.

Mandated Reporting Training

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