| B. Mandatory Reporters |
| C.R.S. § 19-3-304 |
Anyone may
report child abuse and neglect. However,
some professionals are required to make reports if they have reasonable
cause
to know or suspect that a child has been abused or neglected. They must also report if
they observe the
child subjected to conditions that would reasonably result in abuse or
neglect.
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The
following
are mandatory reporters under the statute:
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| Dill
v. People, 927 P.2d 1315 ( C.R.S. § 12-43-218(5) C.R.S. § 19-3-311 |
Confidences
and privileges do not apply to any communication that is the basis for
a child
abuse report. However,
privileges are in
effect again after the report is made.
They remain in effect after legal proceedings on the
report begin.
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| C.R.S. § 19-3-306(1) | Photographs and x-rays may be taken of a child reasonably believed to be abused or neglected. Medical personnel, medical examiners, or hospital personnel engaged in the admission, examination, care or treatment of patients, a coroner, a social worker, a psychologist or law enforcement personnel may take photographs. |
| C.R.S. § 19-3-306(2) |
Copies
or
duplicates of such photographs must immediately be forwarded to the
county
department or to law enforcement. X-rays
must be medically indicated.
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| C.R.S. § 19-3-309 C.R.S. § 18-6-401(4) |
Anyone
who
reports in good faith has immunity, including anyone who helps in the
investigation, appears in court, take photographs or x-rays, or places
the
child in protective custody by court order. Good faith is presumed. Immunity
from civil and criminal liability, and immunity from termination of
employment
that otherwise might result by reason of reporting applies, unless the
court
finds the person’s behavior was willful, wanton, and malicious, or
unless the
reporter knows at the time of making the report it is untrue. However, immunity does not
extend to
perpetrators, complicitors, co-conspirators or accessories.
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| C.R.S. § 19-3-304(3.5) |
It
is a crime
to willfully make a false report. The
reporter must know at the time of making it that it is untrue.
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| C.R.S. § 18-6-401(4) | The reporter is also liable for all damages proximately caused by the false report. |
| C.R.S. § 19-3-304(4) |
It
is also a
crime for a mandatory reporter to fail to make a report. The reporter is also
liable for all damages
proximately caused by making a false report or failing to make a report.
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