Colorado 2022 Regular Session

Colorado House Bill HB1240 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0201.02 Alana Rosen x2606
18 HOUSE BILL 22-1240
2-BY REPRESENTATIVE(S) Froelich and Young, Amabile, Bernett,
3-Boesenecker, Cutter, Gonzales-Gutierrez, Hooton, Jodeh, Kipp, Lindsay,
4-Lontine, Michaelson Jenet, Ricks, Sullivan, Titone, Valdez A.;
5-also SENATOR(S) Fields and Simpson, Buckner, Cooke, Danielson,
6-Hansen, Lee, Pettersen, Rodriguez, Story, Fenberg.
9+House Committees Senate Committees
10+Judiciary Judiciary
11+Appropriations Appropriations
12+A BILL FOR AN ACT
713 C
8-ONCERNING ENHANCING MANDATORY REPORTING FOR PEOPLE REQUIRED
9-TO REPORT CHILD ABUSE
10-, AND, IN CONNECTION THEREWITH, MAKING
11-AN APPROPRIATION
12-.
13-
14-Be it enacted by the General Assembly of the State of Colorado:
15-SECTION 1. In Colorado Revised Statutes, amend 19-3-302 as
16-follows:
17-19-3-302. Legislative declaration. (1) The general assembly
18-declares that the complete reporting of child abuse is a matter of public
19-concern and that, in enacting this part 3, it is the intent of the general
20-assembly to protect the best interests of children of this state and to offer
21-protective services in order to prevent any further harm to a child suffering
22-from abuse. It is also the intent of the general assembly that if a county or
23-group of counties decides to establish a child protection team, that the child
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. protection teams publicly discuss public agencies' responses to child abuse
32-and neglect reports so that the public and the general assembly are better
33-informed concerning the operation and administration of this part 3.
34-(2) (a) T
35-HE GENERAL ASSEMBLY FURTHER DECLARES THAT
36-REQUIRING PEOPLE TO REPORT KNOWN OR SUSPECTED CHILD ABUSE OR
37-NEGLECT PURSUANT TO THIS PART
38-3 IMPACTS THE PEOPLE REPORTING AS
39-WELL AS CHILDREN AND FAMILIES
40-. AS A RESULT OF IMPLICIT BIAS ,
41-UNDER-RESOURCED COMMUNITIES , COMMUNITIES OF COLOR, AND PERSONS
42-WITH DISABILITIES ARE DISPROPORTIONATELY IMPACTED BY THE
43-MANDATORY REPORTING SYSTEM
44-. TO CREATE A MORE EQUITABLE
45-MANDATORY REPORTING SYSTEM
46-, PEOPLE REQUIRED TO REPORT CHILD
47-ABUSE OR NEGLECT MUST HAVE ACCESS TO NECESSARY RESOURCES TO
48-REPORT CHILD ABUSE OR NEGLECT
49-, INCLUDING BUT NOT LIMITED TO:
50-(I) S
51-PECIALIZED TRAINING TO ADDRESS AND DECREASE THE
52-DISPROPORTIONATE IMPACT ON UNDER
53--RESOURCED COMMUNITIES ,
54-COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES;
55-(II) S
56-TANDARDIZED TRAINING AND MATERIALS ; AND
57-(III) INFORMATION REGARDING OBLIGATIONS AND PROTECTIONS
58-PURSUANT TO THE LAW
59-.
60-(b) A
61-DDITIONALLY, THROUGH THE CREATION OF A MANDATORY
62-REPORTER TASK FORCE IN THIS PART
63-3, DIVERSE REPRESENTATIVES FROM
64-STATEWIDE ORGANIZATIONS SERVING FAMILIES AND YOUTH SHALL ANALYZE
65-BEST PRACTICES AND MAY RECOMMEND CHANGES TO TRAINING MATERIALS
66-AND REPORTING PROCEDURES
67-.
68-SECTION 2. In Colorado Revised Statutes, add 19-3-304.2 as
69-follows:
70-19-3-304.2. Mandatory reporter task force - creation - reporting
71-- definitions - repeal. (1) A
72-S USED IN THIS SECTION, UNLESS THE CONTEXT
73-OTHERWISE REQUIRES
74-:
75-(a) "I
76-MPLICIT BIAS" MEANS A BIAS OR PREJUDICE THAT IS PRESENT
77-TOWARD AN INDIVIDUAL OR A GROUP OF PEOPLE WITHOUT CONSCIOUS
78-KNOWLEDGE
79-.
80-PAGE 2-HOUSE BILL 22-1240 (b) "MANDATORY REPORTER" MEANS A PERSON WHO IS REQUIRED TO
81-REPORT CHILD ABUSE OR NEGLECT PURSUANT TO SECTION
82-19-3-304.
83-(c) "M
84-EDICAL CHILD ABUSE" MEANS WHEN A CHILD RECEIVES
85-UNNECESSARY AND HARMFUL OR POTENTIALLY HARMFUL MEDICAL CARE
86-DUE TO A CAREGIVER
87-'S OVERT ACTIONS, INCLUDING EXAGGERATING THE
88-CHILD
89-'S MEDICAL SYMPTOMS, LYING ABOUT THE CHILD'S MEDICAL HISTORY
90-OR FABRICATING THE CHILD
91-'S MEDICAL HISTORY, OR INTENTIONALLY
92-INDUCING ILLNESS IN THE CHILD
93-.
94-(2) T
95-HERE IS CREATED IN THE OFFICE OF THE CHILD PROTECTION
96-OMBUDSMAN
97-, ESTABLISHED PURSUANT TO SECTION 19-3.3-102, THE
98-MANDATORY REPORTER TASK FORCE
99-, REFERRED TO IN THIS SECTION AS THE
100-"TASK FORCE". THE PURPOSE OF THE TASK FORCE IS TO ANALYZE BEST
101-PRACTICES AND RECOMMEND CHANGES TO TRAINING REQUIREMENTS AND
102-REPORTING PROCEDURES
103-. THE TASK FORCE SHALL ANALYZE THE
104-EFFECTIVENESS OF MANDATORY REPORTING AND ITS RELATIONSHIP WITH
105-SYSTEMIC ISSUES
106-, INCLUDING THE DISPROPORTIONATE IMPACT OF
107-MANDATORY REPORTING ON UNDER
108--RESOURCED COMMUNITIES ,
109-COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES. THE TASK FORCE
110-SHALL FOCUS ON SERVING UNDER
111--RESOURCED COMMUNITIES , COMMUNITIES
112-OF COLOR
113-, AND PERSONS WITH DISABILITIES WHO ARE DISPROPORTIONATELY
114-IMPACTED BY THE MANDATORY REPORTING SYSTEM
115-. THE TASK FORCE MAY
116-PROPOSE CLARIFICATIONS TO THE LAW TO HELP IMPLEMENT ITS
117-RECOMMENDATIONS
118-. THE TASK FORCE MAY MAKE FINDINGS AND
119-RECOMMENDATIONS TO THE GENERAL ASSEMBLY
120-, THE GOVERNOR, AND THE
121-STATE DEPARTMENT ON ADMINISTRATIVE AND LEGISLATIVE C HANGES TO
122-UPDATE MANDATORY REPORTER TRAINING REQUIREMENTS AND REPORTING
123-PROCEDURES FOR REPORTING CHILD ABUSE OR NEGLECT AND TO CREATE AN
124-EQUITABLE MANDATORY REPORTING SYSTEM FOR ALL
125-COLORADO FAMILIES
126-AND CHILDREN
127-, INCLUDING HOW TO DETERMINE THE EFFECTIVENESS OF
128-MANDATORY REPORTING AND MITIGATE THE IMPACT OF MANDATORY
129-REPORTING ON UNDER
130--RESOURCED COMMUNITIES , COMMUNITIES OF COLOR,
131-AND PERSONS WITH DISABILITIES.
132-(3) (a) T
133-HE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS :
134-(I) T
135-HE CHILD PROTECTION OMBUDSMAN , AS DESCRIBED IN SECTION
136-19-3.3-102, OR THE CHILD PROTECTION OMBUDSMAN 'S DESIGNEE;
137-PAGE 3-HOUSE BILL 22-1240 (II) ONE MEMBER REPRESENTING THE STATE DEPARTMENT TO BE
138-APPOINTED BY THE EXECUTIVE DIRECTOR OF THE STATE DEPARTMENT
139-, OR
140-THE EXECUTIVE DIRECTOR
141-'S DESIGNEE;
142-(III) O
143-NE MEMBER REPRESENTING THE DEPARTMENT OF PUBLIC
144-SAFETY TO BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
145-OF PUBLIC SAFETY
146-, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
147-(IV) O
148-NE MEMBER REPRESENTING THE DEPARTMENT OF
149-REGULATORY AGENCIES TO BE APPOINTED BY THE EXECUTIVE DIRECTOR OF
150-THE DEPARTMENT OF REGULATORY AGENCIES
151-, OR THE EXECUTIVE
152-DIRECTOR
153-'S DESIGNEE;
154-(V) O
155-NE MEMBER REPRESENTING THE DEPARTMENT OF EDUCATION
156-TO BE APPOINTED BY THE COMMISSIONER OF EDUCATION OF THE
157-DEPARTMENT OF EDUCATION
158-, OR THE COMMISSIONER OF EDUCATION 'S
159-DESIGNEE
160-; AND
161-(VI) THE FOLLOWING MEMBERS , WHO SHALL BE APPOINTED BY THE
162-CHILD PROTECTION OMBUDSMAN OR THE CHILD PROTECTION OMBUDSMAN
163-'S
164-DESIGNEE
165-:
166-(A) O
167-NE MEMBER REPRESENTING A STATEWIDE EDUCATION
168-ORGANIZATION THAT INCLUDES RURAL AREAS
169-;
170-(B) O
171-NE MEMBER REPRESENTING LAW ENFORCEMENT AGENCIES ;
172-(C) O
173-NE MEMBER REPRESENTING RURAL COUNTY DEPARTMENTS ;
174-(D) O
175-NE MEMBER REPRESENTING URBAN COUNTY DEPARTMENTS ;
176-(E) O
177-NE MEMBER REPRESENTING COURT -APPOINTED SPECIAL
178-ADVOCATES
179-, AS DEFINED IN SECTION 13-91-103;
180-(F) O
181-NE MEMBER REPRESENTING THE OFFICE OF THE CHILD 'S
182-REPRESENTATIVE
183-, AS ESTABLISHED IN SECTION 13-91-104;
184-(G) O
185-NE MEMBER REPRESENTING A CHILD ADVOCACY CENTER , AS
186-DEFINED IN SECTION
187-19-1-103;
188-PAGE 4-HOUSE BILL 22-1240 (H) ONE MEMBER REPRESENTING PROSECUTING ATTORNEYS ;
189-(I) O
190-NE MEMBER REPRESENTING THE OFFICE OF THE STATE PUBLIC
191-DEFENDER
192-, AS CREATED IN SECTION 21-1-101, OR THE OFFICE OF THE
193-ALTERNATE DEFENSE COUNSEL
194-, AS CREATED IN SECTION 21-2-101;
195-(J) O
196-NE MEMBER REPRESENTING A COUNTY ATTORNEY 'S OFFICE OR
197-A STATEWIDE ORGANIZATION REPRESENTING COUNTY ATTORNEYS
198-' OFFICES;
199-(K) O
200-NE MEMBER REPRESENTING THE OFFICE OF THE RESPONDENT
201-PARENTS
202-' COUNSEL, AS CREATED IN SECTION 13-92-103;
203-(L) O
204-NE MEMBER REPRESENTING FAMILY LAW ATTORNEYS ;
205-(M) O
206-NE MEMBER REPRESENTING A STATEWIDE NONGOVERNMENTAL
207-ORGANIZATION SPECIALIZING IN THE PREVENTION OF CHILD MALTREATMENT
208-;
209-(N) O
210-NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING
211-HOSPITALS
212-;
213-(O) O
214-NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING
215-MEDICAL PROFESSIONALS
216-;
217-(P) O
218-NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING
219-MENTAL HEALTH PROFESSIONALS
220-;
221-(Q) O
222-NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING
223-CHILDREN AND YOUTH
224-;
225-(R) O
226-NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING
227-PEOPLE WITH DISABILITIES
228-;
229-(S) F
230-IVE MEMBERS REPRESENTING INDIVIDUALS WITH LIVED
231-EXPERIENCE IN THE MANDATORY REPORTING SYSTEM
232-;
233-(T) O
234-NE MEMBER FROM A STATEWIDE ORGANIZATION SERVING
235-UNDER
236--RESOURCED COMMUNITIES ;
237-(U) O
238-NE MEMBER WHO IS AN ACADEMIC EXPERT ON THE MANDATORY
239-REPORTING SYSTEM EMPLOYED AT A STATE INSTITUTION OF HIGHER
240-PAGE 5-HOUSE BILL 22-1240 EDUCATION;
241-(V) O
242-NE MEMBER REPRESENTING A STATEWIDE ORGANIZATION
243-SERVING OR REPRESENTING VICTIMS AND SURVIVORS OF DOMESTIC
244-VIOLENCE
245-;
246-(W) O
247-NE MEMBER REPRESENTING A STATEWIDE ORGANIZATION
248-SERVING OR REPRESENTING VICTIMS AND SURVIVORS OF SEXUAL VIOLENCE
249-;
250-(X) O
251-NE MEMBER REPRESENTING CONFIDENTIAL VICTIM ADVOCATES ;
252-AND
253-(Y) ONE MEMBER REPRESENTING A STATE -LICENSED CHILD CARE
254-PROVIDER
255-, AS DEFINED IN SECTION 26-6-102 (6).
256-(b) T
257-HE APPOINTING AUTHORITIES SHALL MAKE APPOINTMENTS ON
258-OR BEFORE
259-DECEMBER 1, 2022. IN MAKING APPOINTMENTS, THE APPOINTING
260-AUTHORITIES SHALL SELECT MEMBERS WHO REPRESENT DIVERSE
261-GEOGRAPHIC LOCATIONS
262-, GENDERS, RELIGIONS, SOCIOECONOMIC STATUSES,
263-IMMIGRATION STATUSES, AND LANGUAGES. THE TERM OF THE APPOINTMENT
264-IS FOR THE DURATION OF THE TASK FORCE
265-. THE APPOINTING AUTHORITIES
266-SHALL FILL ANY VACANCY SUBJECT TO THE SAME QUALIFICATIONS AS THE
267-INITIAL APPOINTMENT
268-.
269-(4) E
270-ACH MEMBER OF THE TASK FORCE SERVES WITHOUT
271-COMPENSATION
272-. NONGOVERNMENTAL MEMBERS MAY BE REIMBURSED FOR
273-REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES
274-PURSUANT TO THIS SECTION
275-.
276-(5) T
277-HE CHILD PROTECTION OMBUDSMAN OR THE CHILD PROTECTION
278-OMBUDSMAN
279-'S DESIGNEE SHALL SERVE AS THE CHAIR, AND THE TASK FORCE
280-SHALL SELECT A VICE
281--CHAIR FROM AMONG ITS MEMBERS . THE CHAIR AND
282-THE VICE
283--CHAIR SHALL SERVE FOR THE DURATION OF THE TASK FORCE AS
284-THE CHAIR AND THE VICE
285--CHAIR.
286-(6) (a) T
287-HE CHILD PROTECTION OMBUDSMAN , OR THE CHILD
288-PROTECTION OMBUDSMAN
289-'S DESIGNEE, SHALL CONVENE THE FIRST MEETING
290-OF THE TASK FORCE NO LATER THAN
291-JANUARY 1, 2023. THE TASK FORCE
292-SHALL MEET AT LEAST ONCE EVERY OTHER MONTH UNTIL THE TASK FORCE
293-SUBMITS ITS FINAL REPORT
294-. THE CHAIR MAY CALL ADDITIONAL MEETINGS AS
295-PAGE 6-HOUSE BILL 22-1240 NECESSARY FOR THE TASK FORCE TO FULFILL ITS DUTIES . THE TASK FORCE
296-SHALL ESTABLISH PROCEDURES TO ALLOW MEMBERS OF THE TASK FORCE TO
297-PARTICIPATE IN MEETINGS REMOTELY
298-.
299-(b) T
300-HE CHILD PROTECTION OMBUDSMAN , OR THE CHILD PROTECTION
301-OMBUDSMAN
302-'S DESIGNEE, SHALL OPEN THE MEETINGS TO THE PUBLIC ,
303-PROVIDE ADVANCE PUBLIC NOTICE OF THE MEETINGS , AND ALLOW PUBLIC
304-COMMENTS AT THE MEETINGS
305-. THE CHILD PROTECTION OMBUDSMAN , OR THE
306-CHILD PROTECTION OMBUDSMAN
307-'S DESIGNEE, SHALL CONDUCT OUTREACH
308-AND ENCOURAGE COMMUNITY PARTICIPATION IN THE PUBLIC MEETINGS
309-.
310-(7) (a) P
311-URSUANT TO SUBSECTION (2) OF THIS SECTION, THE TASK
312-FORCE
313-, AT A MINIMUM, SHALL ANALYZE:
314-(I) W
315-HETHER A STUDY SHOULD BE CONDUCTED TO DETERMINE THE
316-EFFECTIVENESS OF MANDATORY REPORTING IN SERVING CHILDREN AND
317-FAMILIES AND DETERMINE THE NECESSARY FUNDING FOR A STUDY
318-. IF THE
319-TASK FORCE DETERMINES THERE SHOULD BE A STUDY
320-, THE STUDY MUST
321-INCLUDE AN ANALYSIS ON WHETHER ENHANCED SCREENING TECHNIQUES FOR
322-ACCEPTING REPORTS MAY MITIGATE THE DISPROPORTIONATE IMPACT OF
323-MANDATORY REPORTING ON UNDER
324--RESOURCED COMMUNITIES ,
325-COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES.
326-(II) T
327-HE DISPROPORTIONATE IMPACT OF MANDATORY REPORTING ON
328-UNDER
329--RESOURCED COMMUNITIES , COMMUNITIES OF COLOR, AND PERSONS
330-WITH DISABILITIES
331-;
332-(III) S
333-TANDARDIZED TRAINING THAT ADDRESSES IMPLICIT BIAS ;
334-(IV) A
335-LTERNATIVE PROCESSES AND SERVICES FOR FAMILIES WHO DO
336-NOT PRESENT MANDATORY REPORTERS WITH CHILD ABUSE OR NEGLECT
337-CONCERNS BUT WHO WOULD BENEFIT FROM ALTERNATIVE SERVICES
338-;
339-(V) S
340-TANDARDIZED TRAINING THAT ADDRESSES THE REQUIREMENTS
341-OF THE LAW PURSUANT TO THIS PART
342-3;
343-(VI) T
344-HE DEFINITION OF "IMMEDIATELY" AND HOW REPORTING TIME
345-FRAMES AFFECT MANDATORY REPORTERS FROM DIFFERENT PROFESSIONS
346-;
347-(VII) R
348-EPORTING TIME FRAMES FOR MANDATORY REPORTERS WHO
349-PAGE 7-HOUSE BILL 22-1240 ARE CREATING A SAFETY PLAN FOR VICTIMS OF DOMESTIC VIOLENCE , SEXUAL
350-ASSAULT
351-, OR STALKING TO ENSURE THE SAFETY OF THE VICTIM AND THE
352-VICTIM
353-'S FAMILY MEMBERS WHILE CREATING THE SAFETY PLAN ;
354-(VIII) M
355-EDICAL CHILD ABUSE AND THE PROCESS TO REPORT MEDICAL
356-CHILD ABUSE
357-;
358-(IX) W
359-HETHER MANDATORY REPORTERS SHOULD REPORT INCIDENTS
360-OBSERVED OUTSIDE OF A MANDATORY REPORTER
361-'S PROFESSIONAL CAPACITY;
362-(X) W
363-HETHER A MANDATORY REPORTER WHO IS EMPLOYED BY , AN
364-AGENT OF
365-, OR A CONTRACTOR FOR AN ATTORNEY WHO IS PROVIDING LEGAL
366-REPRESENTATION IS EXEMPT FROM THE REPORTING REQUIREMENTS
367-DESCRIBED IN SECTION
368-19-3-304;
369-(XI) M
370-ANDATORY REPORTING REQUIREMENTS FOR MANDATORY
371-REPORTERS WHO HAVE KNOWLEDGE OR REASONABLE CAUSE TO KNOW OR
372-SUSPECT THAT A CHILD OR YOUTH IS THE VICTIM OF DATING VIOLENCE OR
373-SEXUAL ASSAULT
374-;
375-(XII) A
376- REPORTING PROCESS FOR TWO OR MORE MANDATORY
377-REPORTERS TO REPORT CHILD ABUSE OR NEGLECT WHO HAVE JOINT
378-KNOWLEDGE OR JOINT REASONABLE CAUSE TO MAKE A REPORT OF CHILD
379-ABUSE OR NEGLECT
380-;
381-(XIII) W
382-HETHER THE DUTY TO REPORT REMAINS WITH THE
383-MANDATORY REPORTER WHO HAS REASONABLE CAUSE TO KNOW OR SUSPECT
384-THAT A CHILD HAS BEEN SUBJECTED TO CHILD ABUSE OR NEGLECT
385-;
386-(XIV) W
387-HETHER INSTITUTIONS THAT EMPLOY MANDATORY
388-REPORTERS MAY DEVELOP PROCEDURES TO ASSIST MANDATORY REPORTERS
389-IN FULFILLING REPORTING REQUIREMENTS
390-, AS DESCRIBED IN SECTION
391-19-3-307;
392-(XV) T
393-RAINING REQUIREMENTS FOR PEOPLE APPLYING FOR OR
394-RENEWING A PROFESSIONAL LICENSE FOR A PROFESSION THAT IS IDENTIFIED
395-AS A PROFESSION REQUIRED TO REPORT CHILD ABUSE OR NEGLECT PURSUANT
396-TO SECTION
397-19-3-304;
398-(XVI) T
399-HE PERSONAL INFORMATION OF A CHILD , AS SET FORTH IN
400-PAGE 8-HOUSE BILL 22-1240 SECTION 19-3-307 (2), THAT IS COLLECTED FOR A REPORT;
401-(XVII) S
402-TANDARDIZED TRAINING REGARDING THE COUNTY
403-DEPARTMENTS
404-' PROCESS TO DETERMINE WHICH REPORTS MEET THE
405-THRESHOLD FOR ASSESSMENT AND INVESTIGATION
406-;
407-(XVIII) T
408-HE BENEFITS OF AN ELECTRONIC REPORTING PLATFORM FOR
409-THE STATE
410-; AND
411-(XIX) A PROCESS FOR INTER - AND INTRA -AGENCY
412-COMMUNICATIONS
413-, CONFIRMING RECEIPT OF REPORTS , AND, IN SOME
414-CIRCUMSTANCES
415-, SHARING THE OUTCOME OF REPORTS WITH CERTAIN
416-MANDATORY REPORTERS
417-.
418-(b) T
419-HE TASK FORCE MAY ESTABLISH STANDING SUBCOMMITTEES TO
420-STUDY THE ISSUES IDENTIFIED IN SUBSECTION
421- (7)(a) OF THIS SECTION.
422-(8) T
423-HE TASK FORCE SHALL ANALYZE NATIONAL BEST PRACTICES
424-AND CONSULT WITH ADDITIONAL STAKEHOLDERS AS NEEDED TO ADDRESS
425-ALL ADDITIONAL QUESTIONS NECESSARY TO FINALIZE ITS FINDINGS AND
426-RECOMMENDATIONS FOR M ANDATORY REPORTER TRAINING REQUIREMENTS
427-,
428-REPORTING PROCEDURES, AND CREATING A MORE EQUITABLE MANDATORY
429-REPORTING SYSTEM FOR UNDER
430--RESOURCED COMMUNITIES , COMMUNITIES
431-OF COLOR
432-, AND PERSONS WITH DISABILITIES WHO ARE DISPROPORTI ONATELY
433-IMPACTED BY MANDATORY REPORTING
434-.
435-(9) O
436-N OR BEFORE JANUARY 1, 2024, THE TASK FORCE SHALL SUBMIT
437-ITS FIRST
438--YEAR STATUS REPORT, INCLUDING ITS INITIAL FINDINGS AND
439-RECOMMENDATIONS ON ISSUES IDENTIFIED IN SUBSECTION
440-(7) OF THIS
441-SECTION
442-, TO THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL
443-HEALTH AND HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND
444-HUMAN SERVICES COMMITTEE
445-, OR THEIR SUCCESSOR COMMITTEES ; THE
446-GOVERNOR
447-; AND THE STATE DEPARTMENT.
448-(10) O
449-N OR BEFORE JANUARY 1, 2025, THE TASK FORCE SHALL
450-SUBMIT ITS FINAL REPORT
451-, INCLUDING ITS FINDINGS AND RECOMMENDATIONS
452-ON THE ISSUES IDENTIFIED IN SUBSECTION
453-(7) OF THIS SECTION, TO THE
454-HOUSE OF REPRESENTATIVES PUBLIC AND BE HAVIORAL HEALTH AND HUMAN
455-SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES
456-COMMITTEE
457-, OR THEIR SUCCESSOR COMMITTEES; THE GOVERNOR; AND THE
458-PAGE 9-HOUSE BILL 22-1240 STATE DEPARTMENT.
459-(11) T
460-HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
461-SECTION 3. In Colorado Revised Statutes, 19-3-304.2, amend as
462-added by House Bill 22-1240 (3)(a)(VI)(Y) as follows:
463-19-3-304.2. Mandatory reporter task force - creation - reporting
464-- definitions - repeal. (3) (a) The task force consists of the following
465-members:
466-(VI) The following members, who shall be appointed by the child
467-protection ombudsman or the child protection ombudsman's designee:
468-(Y) One member representing a state-licensed child care provider,
469-as defined in section 26-6-102 (6)
470- SECTION 26.5-5-303 (4).
471-SECTION 4. Appropriation. For the 2022-23 state fiscal year,
472-$97,500 is appropriated to the judicial department for use by the office of
473-the child protection ombudsman. This appropriation is from the general
474-fund. To implement this act, the office may use this appropriation for
475-program costs.
476-SECTION 5. Act subject to petition - effective date. (1) Except
477-as otherwise provided in subsection (2) of this section, this act takes effect
478-at 12:01 a.m. on the day following the expiration of the ninety-day period
479-after final adjournment of the general assembly; except that, if a referendum
480-petition is filed pursuant to section 1 (3) of article V of the state constitution
481-against this act or an item, section, or part of this act within such period,
482-then the act, item, section, or part will not take effect unless approved by the
483-PAGE 10-HOUSE BILL 22-1240 people at the general election to be held in November 2022 and, in such
484-case, will take effect on the date of the official declaration of the vote
485-thereon by the governor.
486-(2) Section 3 of this act takes effect only if House Bill 22-1295
487-becomes law, in which case section 3 takes effect upon the effective date
488-of this act or House Bill 22-1295, whichever is later.
489-____________________________ ____________________________
490-Alec Garnett Steve Fenberg
491-SPEAKER OF THE HOUSE PRESIDENT OF
492-OF REPRESENTATIVES THE SENATE
493-____________________________ ____________________________
494-Robin Jones Cindi L. Markwell
495-CHIEF CLERK OF THE HOUSE SECRETARY OF
496-OF REPRESENTATIVES THE SENATE
497- APPROVED________________________________________
498- (Date and Time)
499- _________________________________________
500- Jared S. Polis
501- GOVERNOR OF THE STATE OF COLORADO
502-PAGE 11-HOUSE BILL 22-1240
14+ONCERNING ENHANCING MANDATORY REPORTING FOR PEOPLE101
15+REQUIRED TO REPORT CHILD
16+ABUSE, AND, IN CONNECTION102
17+THEREWITH, MAKING AN APPROPRIATION .103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill creates the mandatory reporter task force (task force). The
26+purpose of the task force is to analyze best practices and recommend
27+changes to training materials and reporting procedures for people required
28+by law to report child abuse or neglect. The task force shall analyze the
29+effectiveness of mandatory reporting and its relationship with systemic
30+SENATE
31+3rd Reading Unamended
32+May 9, 2022
33+SENATE
34+2nd Reading Unamended
35+May 6, 2022
36+HOUSE
37+3rd Reading Unamended
38+April 29, 2022
39+HOUSE
40+Amended 2nd Reading
41+April 28, 2022
42+HOUSE SPONSORSHIP
43+Froelich and Young, Amabile, Bernett, Boesenecker, Cutter, Gonzales-Gutierrez, Hooton,
44+Jodeh, Kipp, Lindsay, Lontine, Michaelson Jenet, Ricks, Sullivan, Titone, Valdez A.
45+SENATE SPONSORSHIP
46+Fields and Simpson, Buckner, Cooke, Danielson, Fenberg, Hansen, Lee, Pettersen,
47+Rodriguez, Story
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
50+Dashes through the words indicate deletions from existing statute. issues, including the disproportionate impact of mandatory reporting on
51+families of color and under-resourced communities. The task force may
52+propose clarifications to the law to help implement its recommendations.
53+The task force operates for 2 years. The task force shall submit a final
54+report on its findings and recommendations on January 1, 2025, to the
55+house of representatives public and behavioral health and human services
56+committee and the senate health and human services committee, or their
57+successor committees, the governor, and the department of human
58+services.
59+The bill also updates mandatory reporting requirements and
60+procedures for people required to report child abuse or neglect
61+(mandatory reporters). The updates include:
62+! Changing the time frame for reporting child abuse or
63+neglect from "immediately" to "within 24 hours";
64+! Requiring reporting on unlawful sexual behavior;
65+! Requiring employers to notify and to provide materials to
66+their employees regarding mandatory reporter
67+responsibilities; and
68+! Changing the mental state of a person who violates the
69+mandatory reporter provision from "willfully" to
70+"knowingly".
71+Be it enacted by the General Assembly of the State of Colorado:1
72+SECTION 1. In Colorado Revised Statutes, amend 19-3-302 as2
73+follows:3
74+19-3-302. Legislative declaration. (1) The general assembly4
75+declares that the complete reporting of child abuse is a matter of public5
76+concern and that, in enacting this part 3, it is the intent of the general6
77+assembly to protect the best interests of children of this state and to offer7
78+protective services in order to prevent any further harm to a child8
79+suffering from abuse. It is also the intent of the general assembly that if9
80+a county or group of counties decides to establish a child protection team,10
81+that the child protection teams publicly discuss public agencies' responses11
82+to child abuse and neglect reports so that the public and the general12
83+assembly are better informed concerning the operation and administration13
84+1240-2- of this part 3.1
85+(2) (a) THE GENERAL ASSEMBLY FURTHER DECLARES THAT2
86+REQUIRING PEOPLE TO REPORT KNOWN OR SUSPECTED CHILD ABUSE OR3
87+NEGLECT PURSUANT TO THIS PART 3 IMPACTS THE PEOPLE REPORTING AS4
88+WELL AS CHILDREN AND FAMILIES . AS A RESULT OF IMPLICIT BIAS,5
89+UNDER-RESOURCED COMMUNITIES, COMMUNITIES OF COLOR, AND PERSONS6
90+WITH DISABILITIES ARE DISPROPORTIONATELY IMPACTED BY THE7
91+MANDATORY REPORTING SYSTEM. TO CREATE A MORE EQUITABLE8
92+MANDATORY REPORTING SYSTEM, PEOPLE REQUIRED TO REPORT CHILD9
93+ABUSE OR NEGLECT MUST HAVE ACCESS TO NECESSARY RESOURCES TO10
94+REPORT CHILD ABUSE OR NEGLECT , INCLUDING BUT NOT LIMITED TO:11
95+(I) SPECIALIZED TRAINING TO ADDRESS AND DECREASE THE12
96+DISPROPORTIONATE IMPACT ON UNDER -RESOURCED COMMUNITIES,13
97+COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES;14
98+(II) STANDARDIZED TRAINING AND MATERIALS ; AND15
99+(III) INFORMATION REGARDING OBLIGATIONS AND PROTECTIONS16
100+PURSUANT TO THE LAW.17
101+(b) ADDITIONALLY, THROUGH THE CREATION OF A MANDATORY18
102+REPORTER TASK FORCE IN THIS PART 3, DIVERSE REPRESENTATIVES FROM19
103+STATEWIDE ORGANIZATIONS SERVING FAMILIES AND YOUTH SHALL20
104+ANALYZE BEST PRACTICES AND MAY RECOMMEND CHANGES TO TRAINING21
105+MATERIALS AND REPORTING PROCEDURES .22
106+SECTION 2. In Colorado Revised Statutes, add 19-3-304.2 as23
107+follows:24
108+19-3-304.2. Mandatory reporter task force - creation -25
109+reporting - definitions - repeal. (1) AS USED IN THIS SECTION, UNLESS26
110+THE CONTEXT OTHERWISE REQUIRES :27
111+1240
112+-3- (a) "IMPLICIT BIAS" MEANS A BIAS OR PREJUDICE THAT IS PRESENT1
113+TOWARD AN INDIVIDUAL OR A GROUP OF PEOPLE WITHOUT CONSCIOUS2
114+KNOWLEDGE.3
115+(b) "MANDATORY REPORTER" MEANS A PERSON WHO IS REQUIRED4
116+TO REPORT CHILD ABUSE OR NEGLECT PURSUANT TO SECTION 19-3-304.5
117+(c) "MEDICAL CHILD ABUSE" MEANS WHEN A CHILD RECEIVES6
118+UNNECESSARY AND HARMFUL OR POTENTIALLY HARMFUL MEDICAL CARE7
119+DUE TO A CAREGIVER'S OVERT ACTIONS, INCLUDING EXAGGERATING THE8
120+CHILD'S MEDICAL SYMPTOMS, LYING ABOUT THE CHILD'S MEDICAL HISTORY9
121+OR FABRICATING THE CHILD'S MEDICAL HISTORY, OR INTENTIONALLY10
122+INDUCING ILLNESS IN THE CHILD.11
123+(2) THERE IS CREATED IN THE OFFICE OF THE CHILD PROTECTION12
124+OMBUDSMAN, ESTABLISHED PURSUANT TO SECTION 19-3.3-102, THE13
125+MANDATORY REPORTER TASK FORCE, REFERRED TO IN THIS SECTION AS14
126+THE "TASK FORCE". THE PURPOSE OF THE TASK FORCE IS TO ANALYZE BEST15
127+PRACTICES AND RECOMMEND CHANGES TO TRAINING REQUIREMENTS AND16
128+REPORTING PROCEDURES. THE TASK FORCE SHALL ANALYZE THE17
129+EFFECTIVENESS OF MANDATORY REPORTING AND ITS RELATIONSHIP WITH18
130+SYSTEMIC ISSUES, INCLUDING THE DISPROPORTIONATE IMPACT OF19
131+MANDATORY REPORTING ON UNDER -RESOURCED COMMUNITIES ,20
132+COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES. THE TASK21
133+FORCE SHALL FOCUS ON SERVING UNDER -RESOURCED COMMUNITIES,22
134+COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES WHO ARE23
135+DISPROPORTIONATELY IMPACTED BY THE MANDATORY REPORTING24
136+SYSTEM. THE TASK FORCE MAY PROPOSE CLARIFICATIONS TO THE LAW TO25
137+HELP IMPLEMENT ITS RECOMMENDATIONS . THE TASK FORCE MAY MAKE26
138+FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY , THE27
139+1240
140+-4- GOVERNOR, AND THE STATE DEPARTMENT ON ADMINISTRATIVE AND1
141+LEGISLATIVE CHANGES TO UPDATE MANDATORY REPORTER TRAINING2
142+REQUIREMENTS AND REPORTING PROCEDURES FOR REPORTING CHILD3
143+ABUSE OR NEGLECT AND TO CREATE AN EQUITABLE MANDATORY4
144+REPORTING SYSTEM FOR ALL COLORADO FAMILIES AND CHILDREN,5
145+INCLUDING HOW TO DETERMINE THE EFFECTIVENESS OF MANDATORY6
146+REPORTING AND MITIGATE THE IMPACT OF MANDATORY REPORTING ON7
147+UNDER-RESOURCED COMMUNITIES, COMMUNITIES OF COLOR, AND PERSONS8
148+WITH DISABILITIES.9
149+(3) (a) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS:10
150+(I) THE CHILD PROTECTION OMBUDSMAN, AS DESCRIBED IN11
151+SECTION 19-3.3-102, OR THE CHILD PROTECTION OMBUDSMAN 'S DESIGNEE;12
152+(II) ONE MEMBER REPRESENTING THE STATE DEPARTMENT TO BE13
153+APPOINTED BY THE EXECUTIVE DIRECTOR OF THE STATE DEPARTMENT, OR14
154+THE EXECUTIVE DIRECTOR'S DESIGNEE;15
155+(III) ONE MEMBER REPRESENTING THE DEPARTMENT OF PUBLIC16
156+SAFETY TO BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE17
157+DEPARTMENT OF PUBLIC SAFETY, OR THE EXECUTIVE DIRECTOR 'S18
158+DESIGNEE;19
159+(IV) ONE MEMBER REPRESENTING THE DEPARTMENT OF20
160+REGULATORY AGENCIES TO BE APPOINTED BY THE EXECUTIVE DIRECTOR21
161+OF THE DEPARTMENT OF REGULATORY AGENCIES , OR THE EXECUTIVE22
162+DIRECTOR'S DESIGNEE;23
163+(V) ONE MEMBER REPRESENTING THE DEPARTMENT OF EDUCATION24
164+TO BE APPOINTED BY THE COMMISSIONER OF EDUCATION OF THE25
165+DEPARTMENT OF EDUCATION, OR THE COMMISSIONER OF EDUCATION'S26
166+DESIGNEE; AND27
167+1240
168+-5- (VI) THE FOLLOWING MEMBERS, WHO SHALL BE APPOINTED BY THE1
169+CHILD PROTECTION OMBUDSMAN OR THE CHILD PROTECTION2
170+OMBUDSMAN'S DESIGNEE:3
171+(A) ONE MEMBER REPRESENTING A STATEWIDE EDUCATION4
172+ORGANIZATION THAT INCLUDES RURAL AREAS ;5
173+(B) ONE MEMBER REPRESENTING LAW ENFORCEMENT AGENCIES ;6
174+(C) ONE MEMBER REPRESENTING RURAL COUNTY DEPARTMENTS;7
175+(D) ONE MEMBER REPRESENTING URBAN COUNTY DEPARTMENTS;8
176+(E) ONE MEMBER REPRESENTING COURT-APPOINTED SPECIAL9
177+ADVOCATES, AS DEFINED IN SECTION 13-91-103;10
178+(F) ONE MEMBER REPRESENTING THE OFFICE OF THE CHILD'S11
179+REPRESENTATIVE, AS ESTABLISHED IN SECTION 13-91-104;12
180+(G) ONE MEMBER REPRESENTING A CHILD ADVOCACY CENTER, AS13
181+DEFINED IN SECTION 19-1-103;14
182+(H) ONE MEMBER REPRESENTING PROSECUTING ATTORNEYS ;15
183+(I) ONE MEMBER REPRESENTING THE OFFICE OF THE STATE PUBLIC16
184+DEFENDER, AS CREATED IN SECTION 21-1-101, OR THE OFFICE OF THE17
185+ALTERNATE DEFENSE COUNSEL , AS CREATED IN SECTION 21-2-101;18
186+(J) ONE MEMBER REPRESENTING A COUNTY ATTORNEY'S OFFICE OR19
187+A STATEWIDE ORGANIZATION REPRESENTING COUNTY ATTORNEYS '20
188+OFFICES;21
189+(K) ONE MEMBER REPRESENTING THE OFFICE OF THE RESPONDENT22
190+PARENTS' COUNSEL, AS CREATED IN SECTION 13-92-103;23
191+(L) ONE MEMBER REPRESENTING FAMILY LAW ATTORNEYS ;24
192+(M) O NE MEMBER REPRESENTING A STATEWIDE25
193+NONGOVERNMENTAL ORGANIZATION SPECIALIZING IN THE PREVENTION OF26
194+CHILD MALTREATMENT ;27
195+1240
196+-6- (N) ONE MEMBER FROM A STATEWIDE ORGANIZATION1
197+REPRESENTING HOSPITALS;2
198+(O) ONE MEMBER FROM A STATEWIDE ORGANIZATION3
199+REPRESENTING MEDICAL PROFESSIONALS ;4
200+(P) ONE MEMBER FROM A STATEWIDE ORGANIZATION5
201+REPRESENTING MENTAL HEALTH PROFESSIONALS ;6
202+(Q) ONE MEMBER FROM A STATEWIDE ORGANIZATION7
203+REPRESENTING CHILDREN AND YOUTH ;8
204+(R) ONE MEMBER FROM A STATEWIDE ORGANIZATION9
205+REPRESENTING PEOPLE WITH DISABILITIES;10
206+(S) FIVE MEMBERS REPRESENTING INDIVIDUALS WITH LIVED11
207+EXPERIENCE IN THE MANDATORY REPORTING SYSTEM ;12
208+(T) ONE MEMBER FROM A STATEWIDE ORGANIZATION SERVING13
209+UNDER-RESOURCED COMMUNITIES ;14
210+(U) ONE MEMBER WHO IS AN ACADEMIC EXPERT ON THE15
211+MANDATORY REPORTING SYSTEM EMPLOYED AT A STATE INSTITUTION OF16
212+HIGHER EDUCATION;17
213+(V) ONE MEMBER REPRESENTING A STATEWIDE ORGANIZATION18
214+SERVING OR REPRESENTING VICTIMS AND SURVIVORS OF DOMESTIC19
215+VIOLENCE;20
216+(W) ONE MEMBER REPRESENTING A STATEWIDE ORGANIZATION21
217+SERVING OR REPRESENTING VICTIMS AND SURVIVORS OF SEXUAL22
218+VIOLENCE;23
219+(X) ONE MEMBER REPRESENTING CONFIDENTIAL VICTIM24
220+ADVOCATES; AND25
221+(Y) ONE MEMBER REPRESENTING A STATE-LICENSED CHILD CARE26
222+PROVIDER, AS DEFINED IN SECTION 26-6-102 (6).27
223+1240
224+-7- (b) THE APPOINTING AUTHORITIES SHALL MAKE APPOINTMENTS ON1
225+OR BEFORE DECEMBER 1, 2022. IN MAKING APPOINTMENTS, THE2
226+APPOINTING AUTHORITIES SHALL SELECT MEMBERS WHO REPRESENT3
227+DIVERSE GEOGRAPHIC LOCATIONS, GENDERS, RELIGIONS, SOCIOECONOMIC4
228+STATUSES, IMMIGRATION STATUSES, AND LANGUAGES. THE TERM OF THE5
229+APPOINTMENT IS FOR THE DURATION OF THE TASK FORCE . THE APPOINTING6
230+AUTHORITIES SHALL FILL ANY VACANCY SUBJECT TO THE SAME7
231+QUALIFICATIONS AS THE INITIAL APPOINTMENT .8
232+(4) EACH MEMBER OF THE TASK FORCE SERVES WITHOUT9
233+COMPENSATION. NONGOVERNMENTAL MEMBERS MAY BE REIMBURSED FOR10
234+REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES11
235+PURSUANT TO THIS SECTION.12
236+(5) THE CHILD PROTECTION OMBUDSMAN OR THE CHILD13
237+PROTECTION OMBUDSMAN'S DESIGNEE SHALL SERVE AS THE CHAIR, AND14
238+THE TASK FORCE SHALL SELECT A VICE-CHAIR FROM AMONG ITS MEMBERS.15
239+THE CHAIR AND THE VICE-CHAIR SHALL SERVE FOR THE DURATION OF THE16
240+TASK FORCE AS THE CHAIR AND THE VICE-CHAIR.17
241+(6) (a) THE CHILD PROTECTION OMBUDSMAN, OR THE CHILD18
242+PROTECTION OMBUDSMAN 'S DESIGNEE, SHALL CONVENE THE FIRST19
243+MEETING OF THE TASK FORCE NO LATER THAN JANUARY 1, 2023. THE TASK20
244+FORCE SHALL MEET AT LEAST ONCE EVERY OTHER MONTH UNTIL THE TASK21
245+FORCE SUBMITS ITS FINAL REPORT. THE CHAIR MAY CALL ADDITIONAL22
246+MEETINGS AS NECESSARY FOR THE TASK FORCE TO FULFILL ITS DUTIES .23
247+THE TASK FORCE SHALL ESTABLISH PROCEDURES TO ALLOW MEMBERS OF24
248+THE TASK FORCE TO PARTICIPATE IN MEETINGS REMOTELY .25
249+(b) THE CHILD PROTECTION OMBUDSMAN, OR THE CHILD26
250+PROTECTION OMBUDSMAN 'S DESIGNEE, SHALL OPEN THE MEETINGS TO THE27
251+1240
252+-8- PUBLIC, PROVIDE ADVANCE PUBLIC NOTICE OF THE MEETINGS, AND ALLOW1
253+PUBLIC COMMENTS AT THE MEETINGS . THE CHILD PROTECTION2
254+OMBUDSMAN, OR THE CHILD PROTECTION OMBUDSMAN'S DESIGNEE, SHALL3
255+CONDUCT OUTREACH AND ENCOURAGE COMMUNITY PARTICIPATION IN THE4
256+PUBLIC MEETINGS.5
257+(7) (a) PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE TASK6
258+FORCE, AT A MINIMUM, SHALL ANALYZE:7
259+(I) WHETHER A STUDY SHOULD BE CONDUCTED TO DETERMINE THE8
260+EFFECTIVENESS OF MANDATORY REPORTING IN SERVING CHILDREN AND9
261+FAMILIES AND DETERMINE THE NECESSARY FUNDING FOR A STUDY. IF THE10
262+TASK FORCE DETERMINES THERE SHOULD BE A STUDY , THE STUDY MUST11
263+INCLUDE AN ANALYSIS ON WHETHER ENHANCED SCREENING TECHNIQUES12
264+FOR ACCEPTING REPORTS MAY MITIGATE THE DISPROPORTIONATE IMPACT13
265+OF MANDATORY REPORTING ON UNDER -RESOURCED COMMUNITIES,14
266+COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES.15
267+(II) THE DISPROPORTIONATE IMPACT OF MANDATORY REPORTING16
268+ON UNDER-RESOURCED COMMUNITIES, COMMUNITIES OF COLOR, AND17
269+PERSONS WITH DISABILITIES;18
270+(III) STANDARDIZED TRAINING THAT ADDRESSES IMPLICIT BIAS;19
271+(IV) ALTERNATIVE PROCESSES AND SERVICES FOR FAMILIES WHO20
272+DO NOT PRESENT MANDATORY REPORTERS WITH CHILD ABUSE OR NEGLECT21
273+CONCERNS BUT WHO WOULD BENEFIT FROM ALTERNATIVE SERVICES ;22
274+(V) STANDARDIZED TRAINING THAT ADDRESSES THE23
275+REQUIREMENTS OF THE LAW PURSUANT TO THIS PART 3;24
276+(VI) THE DEFINITION OF "IMMEDIATELY" AND HOW REPORTING25
277+TIME FRAMES AFFECT MANDATORY REPORTERS FROM DIFFERENT26
278+PROFESSIONS;27
279+1240
280+-9- (VII) REPORTING TIME FRAMES FOR MANDATORY REPORTERS WHO1
281+ARE CREATING A SAFETY PLAN FOR VICTIMS OF DOMESTIC VIOLENCE ,2
282+SEXUAL ASSAULT, OR STALKING TO ENSURE THE SAFETY OF THE VICTIM3
283+AND THE VICTIM'S FAMILY MEMBERS WHILE CREATING THE SAFETY PLAN;4
284+(VIII) MEDICAL CHILD ABUSE AND THE PROCESS TO REPORT5
285+MEDICAL CHILD ABUSE;6
286+(IX) WHETHER MANDATORY REPORTERS SHOULD REPORT7
287+INCIDENTS OBSERVED OUTSIDE OF A MANDATORY REPORTER 'S8
288+PROFESSIONAL CAPACITY;9
289+(X) WHETHER A MANDATORY REPORTER WHO IS EMPLOYED BY , AN10
290+AGENT OF, OR A CONTRACTOR FOR AN ATTORNEY WHO IS PROVIDING11
291+LEGAL REPRESENTATION IS EXEMPT FROM THE REPORTING REQUIREMENTS12
292+DESCRIBED IN SECTION 19-3-304;13
293+(XI) MANDATORY REPORTING REQUIREMENTS FOR MANDATORY14
294+REPORTERS WHO HAVE KNOWLEDGE OR REASONABLE CAUSE TO KNOW OR15
295+SUSPECT THAT A CHILD OR YOUTH IS THE VICTIM OF DATING VIOLENCE OR16
296+SEXUAL ASSAULT;17
297+(XII) A REPORTING PROCESS FOR TWO OR MORE MANDATORY18
298+REPORTERS TO REPORT CHILD ABUSE OR NEGLECT WHO HAVE JOINT19
299+KNOWLEDGE OR JOINT REASONABLE CAUSE TO MAKE A REPORT OF CHILD20
300+ABUSE OR NEGLECT;21
301+(XIII) WHETHER THE DUTY TO REPORT REMAINS WITH THE22
302+MANDATORY REPORTER WHO HAS REASONABLE CAUSE TO KNOW OR23
303+SUSPECT THAT A CHILD HAS BEEN SUBJECTED TO CHILD ABUSE OR24
304+NEGLECT;25
305+(XIV) WHETHER INSTITUTIONS THAT EMPLOY MANDATORY26
306+REPORTERS MAY DEVELOP PROCEDURES TO ASSIST MANDATORY27
307+1240
308+-10- REPORTERS IN FULFILLING REPORTING REQUIREMENTS, AS DESCRIBED IN1
309+SECTION 19-3-307;2
310+(XV) TRAINING REQUIREMENTS FOR PEOPLE APPLYING FOR OR3
311+RENEWING A PROFESSIONAL LICENSE FOR A PROFESSION THAT IS4
312+IDENTIFIED AS A PROFESSION REQUIRED TO REPORT CHILD ABUSE OR5
313+NEGLECT PURSUANT TO SECTION 19-3-304;6
314+(XVI) THE PERSONAL INFORMATION OF A CHILD, AS SET FORTH IN7
315+SECTION 19-3-307 (2), THAT IS COLLECTED FOR A REPORT;8
316+(XVII) STANDARDIZED TRAINING REGARDING THE COUNTY9
317+DEPARTMENTS' PROCESS TO DETERMINE WHICH REPORTS MEET THE10
318+THRESHOLD FOR ASSESSMENT AND INVESTIGATION ;11
319+(XVIII) THE BENEFITS OF AN ELECTRONIC REPORTING PLATFORM12
320+FOR THE STATE; AND13
321+(XIX) A PROCESS FOR INTER - AND INTRA-AGENCY14
322+COMMUNICATIONS, CONFIRMING RECEIPT OF REPORTS, AND, IN SOME15
323+CIRCUMSTANCES, SHARING THE OUTCOME OF REPORTS WITH CERTAIN16
324+MANDATORY REPORTERS .17
325+(b) THE TASK FORCE MAY ESTABLISH STANDING SUBCOMMITTEES18
326+TO STUDY THE ISSUES IDENTIFIED IN SUBSECTION (7)(a) OF THIS SECTION.19
327+(8) THE TASK FORCE SHALL ANALYZE NATIONAL BEST PRACTICES20
328+AND CONSULT WITH ADDITIONAL STAKEHOLDERS AS NEEDED TO ADDRESS21
329+ALL ADDITIONAL QUESTIONS NECESSARY TO FINALIZE ITS FINDINGS AND22
330+RECOMMENDATIONS FOR M ANDATORY REPORTER TRAINING23
331+REQUIREMENTS, REPORTING PROCEDURES, AND CREATING A MORE24
332+EQUITABLE MANDATORY REPORTING SYSTEM FOR UNDER-RESOURCED25
333+COMMUNITIES, COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES26
334+WHO ARE DISPROPORTIONATELY IMPACTED BY MANDATORY REPORTING .27
335+1240
336+-11- (9) ON OR BEFORE JANUARY 1, 2024, THE TASK FORCE SHALL1
337+SUBMIT ITS FIRST-YEAR STATUS REPORT, INCLUDING ITS INITIAL FINDINGS2
338+AND RECOMMENDATIONS ON ISSUES IDENTIFIED IN SUBSECTION (7) OF THIS3
339+SECTION, TO THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL4
340+HEALTH AND HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND5
341+HUMAN SERVICES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES ; THE6
342+GOVERNOR; AND THE STATE DEPARTMENT.7
343+(10) ON OR BEFORE JANUARY 1, 2025, THE TASK FORCE SHALL8
344+SUBMIT ITS FINAL REPORT , INCLUDING ITS FINDINGS AND9
345+RECOMMENDATIONS ON THE ISSUES IDENTIFIED IN SUBSECTION (7) OF THIS10
346+SECTION, TO THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL11
347+HEALTH AND HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND12
348+HUMAN SERVICES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES; THE13
349+GOVERNOR; AND THE STATE DEPARTMENT.14
350+(11) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.15
351+SECTION 3. In Colorado Revised Statutes, 19-3-304.2, amend16
352+as added by House Bill 22-1240 (3)(a)(VI)(X) as follows:17
353+19-3-304.2. Mandatory reporter task force - creation -18
354+reporting - definitions - repeal. (3) (a) The task force consists of the19
355+following members:20
356+(VI) The following members, who shall be appointed by the child21
357+protection ombudsman or the child protection ombudsman's designee:22
358+(X) One member representing a state-licensed child care provider,23
359+as defined in section 26-6-102 (6) SECTION 26.5-5-303 (4).24
360+SECTION 4. Appropriation. For the 2022-23 state fiscal year,25
361+$97,500 is appropriated to the judicial department for use by the office of26
362+the child protection ombudsman. This appropriation is from the general27
363+1240
364+-12- fund. To implement this act, the office may use this appropriation for1
365+program costs.2
366+SECTION 5. Act subject to petition - effective date. (1) Except3
367+as otherwise provided in subsection (2) of this section, this act takes4
368+effect at 12:01 a.m. on the day following the expiration of the ninety-day5
369+period after final adjournment of the general assembly; except that, if a6
370+referendum petition is filed pursuant to section 1 (3) of article V of the7
371+state constitution against this act or an item, section, or part of this act8
372+within such period, then the act, item, section, or part will not take effect9
373+unless approved by the people at the general election to be held in10
374+November 2022 and, in such case, will take effect on the date of the11
375+official declaration of the vote thereon by the governor.12
376+(2) Section 3 of this act takes effect only if House Bill 22-129513
377+becomes law, in which case section 3 takes effect upon the effective date14
378+of this act or House Bill 22-1295, whichever is later.15
379+1240
380+-13-