House Bill 25-1188 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning the recommendations of the mandatory

• Page 1, Line 102reporter task force, and, in connection therewith,

• Page 1, Line 103making an appropriation.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill specifies that child abuse or neglect must not be based solely upon a parent's or child's indigence, unavailability of accessible services, unhoused status, or disability.

For mandatory reporters, the bill:

• Requires reports to be submitted as soon as possible, but within 24 hours, after receiving information of child abuse or neglect; except that reports concerning young victims of dating violence or sexual assault must be made within 72 hours;
• Provides that reports are not required if the person:
• Receives the information outside of the person's professional capacity that would require a report; or
• Is connected to an attorney representing a party involved in a suspected child abuse or neglect case that would require a report under current law;
• Removes victim's advocates from the list of professions required to report child abuse or neglect;
• Prohibits reports based solely on a family's race, ethnicity, socioeconomic status, or disability; and
• Prohibits the delegation of the duty to report to a person who does not have firsthand knowledge of the suspected child abuse or neglect.
• Authorizes the entity to develop protocols for making the report if the protocols comply with state law and regulations; and
• Prohibits representatives of the entity from deterring or impeding a person from filing a report.

For entities that employ a mandatory reporter, the bill:

The bill requires a county department of human or social services (county department) to assign a referral identification number to each report of child abuse or neglect. If a mandatory reporter contacts a county department about a suspected child abuse or neglect report and the department gives the mandatory reporter the referral identification number of a related report that was previously filed, the mandatory reporter is not required to file a written report.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1) (a)  The general

• Page 2, Line 3assembly finds that complete reporting of known or suspected child abuse

• Page 2, Line 4or neglect is a matter of public concern and that it is the intent of the

• Page 2, Line 5general assembly to protect the best interests of children in this state and

• Page 2, Line 6to offer protective services in order to prevent any further harm to children suffering from abuse.

• Page 2, Line 7(b)  The general assembly further finds that requiring people to

• Page 3, Line 1report known or suspected child abuse or neglect impacts the people

• Page 3, Line 2reporting, as well as children and families who are the subjects of the

• Page 3, Line 3reports. As a result of implicit bias, under-resourced communities,

• Page 3, Line 4communities of color, and persons with disabilities are disproportionately impacted by the mandatory reporting system.

• Page 3, Line 5(2) (a)  To address these impacts and additional issues, the general

• Page 3, Line 6assembly established the mandatory reporting task force in 2022, which

• Page 3, Line 7was charged with making findings and recommendations to clarify the

• Page 3, Line 8law and recommending changes to mandatory reporting procedures and trainings.

• Page 3, Line 9(b)  The task force found that:

• Page 3, Line 10(I)  Colorado's mandatory reporting law and system for making

• Page 3, Line 11reports disproportionately impacts families of color, people with

• Page 3, Line 12disabilities, and under-resourced communities, resulting in some contacts with child protection services that are unnecessary;

• Page 3, Line 13(II)  Colorado's mandatory reporting law requires mandatory

• Page 3, Line 14reporters to report circumstances that may not involve the safety of children;

• Page 3, Line 15(III)  By forcing mandatory reporters to report all concerns through

• Page 3, Line 16the child abuse hotline, Colorado's mandatory reporting law requires

• Page 3, Line 17professionals to engage child protection services with families that do not require their services;

• Page 3, Line 18(IV)  Cases that do not involve concerns of child safety may not

• Page 3, Line 19get adequate attention because the system is overwhelmed by reports. A lack of training perpetuates this issue.

• Page 3, Line 20(V)  Colorado's mandatory reporting law may hinder certain

• Page 3, Line 21professionals from forming trusted relationships with children and families.

• Page 4, Line 1(c)  To address these issues, the task force issued 24

• Page 4, Line 2recommendations to the general assembly. The task force's

• Page 4, Line 3recommendations are intended to provide a comprehensive approach to

• Page 4, Line 4improving the mandatory reporting system, including clarifying the law,

• Page 4, Line 5standardizing practices and training, and creating alternative reporting methods.

• Page 4, Line 6(d)  Therefore, the general assembly finds and declares that the

• Page 4, Line 7first step in comprehensively improving the mandatory reporting system

• Page 4, Line 8is to implement the task force's recommendations to address clarity in the

• Page 4, Line 9law. These clarifications will serve as the foundation for further improvements to the mandatory reporting system.

• Page 4, Line 10(e)  The general assembly further declares that the task force's

• Page 4, Line 11continuum of recommendations must be implemented in whole to effectively serve children and families.

• Page 4, Line 12SECTION 2.  In Colorado Revised Statutes, 19-3-304, amend

• Page 4, Line 13(1)(a) and (2) introductory portion; repeal (2)(w); and add (1)(c), (3.2), and (3.3) as follows:

• Page 4, Line 1419-3-304.  Persons required to report child abuse or neglect.

• Page 4, Line 15(1) (a)  Except as otherwise provided by section 19-3-307, section

• Page 4, Line 1625-1-122 (4)(d), C.R.S., and paragraph (b) of this subsection (1), any

• Page 4, Line 17subsections (1)(b) and (1)(c) of this section, a person specified in

• Page 4, Line 18subsection (2) of this section who has reasonable cause to know or

• Page 4, Line 19suspect that a child has been subjected to abuse or neglect or who has

• Page 4, Line 20observed the child being subjected to circumstances or conditions that

• Page 4, Line 21would reasonably result in abuse or neglect shall immediately upon

• Page 4, Line 22receiving such the information report or cause a report to be made of

• Page 5, Line 1such the fact as soon as reasonably possible, but no later than

• Page 5, Line 2twenty-four hours after receiving the information, to the county

• Page 5, Line 3department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111. C.R.S.

• Page 5, Line 4(c)  The reporting requirement described in subsection (1)(a) of this section does not apply if the person:

• Page 5, Line 5(I)  Learns of the suspected abuse or neglect outside of the

• Page 5, Line 6person's professional capacity that would require the person to make a report pursuant to this section; or

• Page 5, Line 7(II)  Is employed by, an agent of, or a contractor for any attorney who is providing legal services.

• Page 5, Line 9(2)  Persons required to report such the abuse or neglect or circumstances or conditions include any a:

• Page 5, Line 10(w)  Victim's advocate, as defined in section 13-90-107 (1)(k)(II), C.R.S.;

• Page 5, Line 11(3.2)  A person specified in subsection (2) or (3) of this

• Page 5, Line 12section shall not make a report due to a family's or child's

• Page 5, Line 13race, ethnicity, socioeconomic status, or disability status. In

• Page 5, Line 14addition, the reporting requirement described in subsection

• Page 5, Line 15(1)(a) of this section does not apply if the basis for the report

• Page 5, Line 16arises from concerns solely due to any of the following criteria:

• Page 5, Line 17(a)  Socioeconomic status, which includes factors such as inadequate housing, furnishings, income, or clothing; or

• Page 5, Line 18(b)  Disability.

• Page 5, Line 19(3.3) (a)  A person specified in subsection (2) of this section

• Page 6, Line 1shall not delegate the duty to make the report required by

• Page 6, Line 2subsection (1)(a) of this section to another person who does not

• Page 6, Line 3have firsthand knowledge of the suspected child abuse or neglect.

• Page 6, Line 4(b)  An entity that employs a person specified in subsection

• Page 6, Line 5(2) or (2.5) of this section may develop protocols regarding the

• Page 6, Line 6process for making the report required by subsection (1)(a) of

• Page 6, Line 7this section. The protocols must comply with state law and

• Page 6, Line 8regulations. Representatives of the entity shall not deter or

• Page 6, Line 9impede a person from filing a report required by subsection (1)(a) of this section.

• Page 6, Line 10SECTION 3.  In Colorado Revised Statutes, 19-3-307, amend (1) and (4) as follows:

• Page 6, Line 1119-3-307.  Reporting procedures - definitions. (1) (a)  Reports

• Page 6, Line 12of known or suspected child abuse or neglect made pursuant to this article

• Page 6, Line 13shall article 3 must be made immediately as soon as practicable,

• Page 6, Line 14but no later than twenty-four hours after receiving the

• Page 6, Line 15information, to the county department, the local law enforcement

• Page 6, Line 16agency, or through the child abuse reporting hotline system as set forth in

• Page 6, Line 17section 26-5-111. C.R.S., and shall be followed promptly by a written

• Page 6, Line 18report prepared by those persons required to report. The county

• Page 6, Line 19department shall submit a report of confirmed child abuse or neglect

• Page 6, Line 20within sixty days of after receipt of the report to the state department in a manner prescribed by the state department.

• Page 6, Line 21(b)  If a person required to submit a report pursuant to this

• Page 6, Line 22part 3 contacts the child abuse reporting hotline system

• Page 6, Line 23created pursuant to section 26-5-111 or a county department

• Page 7, Line 1about an incident or situation for which the child abuse

• Page 7, Line 2reporting hotline system or county department has already

• Page 7, Line 3received a report, the child abuse reporting hotline system or

• Page 7, Line 4county department may, after confirming that the report does

• Page 7, Line 5not require a new referral, provide the person with the referral

• Page 7, Line 6identification number from the earlier child abuse reporting

• Page 7, Line 7hotline system or county report. A person required to submit a

• Page 7, Line 8report pursuant to this part 3 who receives a referral

• Page 7, Line 9identification number from the child abuse reporting hotline

• Page 7, Line 10system or a county department is not required to make a report

• Page 7, Line 11pursuant to subsection (1)(a) of this section and is deemed to

• Page 7, Line 12have fulfilled their reporting responsibility. Nothing in this

• Page 7, Line 13section precludes the child abuse reporting hotline system or a

• Page 7, Line 14county department from generating a new report if there is

• Page 7, Line 15additional or different information that might not have been reported or if the referral is not currently under review.

• Page 7, Line 16(4)  A written report, including a report voluntarily made,

• Page 7, Line 17from persons or officials required by this part 3 to report known or

• Page 7, Line 18suspected child abuse or neglect shall be is admissible as evidence in any

• Page 7, Line 19a proceeding relating to child abuse, subject to the limitations of section 19-1-307.

• Page 7, Line 20SECTION 4.  Appropriation. For the 2025-26 state fiscal year,

• Page 7, Line 21$5,375 is appropriated to the department of human services for use by the

• Page 7, Line 22division of child welfare. This appropriation is from the general fund. To implement this act, the division may use this appropriation for training.

• Page 7, Line 23SECTION 5.  Effective date. This act takes effect September 1,

• Page 7, Line 242025; except that section 19-3-304 (2)(w), Colorado Revised Statutes, as

• Page 8, Line 1repealed in section 2 of this act, this section 4, and section 5 of this act take effect upon passage.

• Page 8, Line 2SECTION 6.  Safety clause. The general assembly finds,

• Page 8, Line 3determines, and declares that this act is necessary for the immediate

• Page 8, Line 4preservation of the public peace, health, or safety or for appropriations for

• Page 8, Line 5the support and maintenance of the departments of the state and state institutions.