Clergy as Mandatory Reporters of Child Abuse and Neglect

Citation: Colo. Rev. Stat. Ann. § 13-90-107(1)(c)
A clergy member, minister, priest, or rabbi shall not be examined without both his or her consent and also the consent of the person making the confidential communication as to any confidential communication made to the clergy member, minister, priest, or rabbi in his or her professional capacity in the course of discipline expected by the religious body to which he or she belongs.

Citation: Colo. Stat. Ann. § 19-3-304(2)(aa)
Persons required to report abuse or neglect or circumstances or conditions shall include any clergy member.

The provisions of this paragraph shall not apply to a person who acquires reasonable cause to know or suspect that a child has been subjected to abuse or neglect during a communication about which the person may not be examined as a witness pursuant to § 13-90-107(1)(c), unless the person also acquires such reasonable cause from a source other than such communication.

For purposes of this paragraph, unless the context otherwise requires, 'clergy member' means a priest; rabbi; duly ordained, commissioned, or licensed minister of a church; member of a religious order; or recognized leader of any religious body.

Mandatory Reporters of Child Abuse and Neglect

Professionals Required to Report
Citation: Rev. Stat. § 19-3-304

Persons required to report include:

• Physicians, surgeons, physicians in training, child health associates, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, nurses, hospital personnel, or dental hygienists, physical therapists, pharmacists, registered dieticians

• Public or private school officials or employees

• Social workers, Christian Science practitioners, mental health professionals, psychologists, professional counselors, and marriage and family therapists

• Veterinarians, peace officers, firefighters, or victim's advocates

• Commercial film and photographic print processors

• Counselors, marriage and family therapists, or psychotherapists

• Clergy members, including priests; rabbis; duly ordained, commissioned, or licensed ministers of a church; members of religious orders; or recognized leaders of any religious bodies

• Workers in the State Department of Human Services

• Juvenile parole and probation officers

• Child and family investigators

• Officers and agents of the State Bureau of Animal Protection and animal control officers

• The child protection ombudsman

• Educators providing services through a Federal special supplemental nutrition program for women, infants, and children, as provided for in 42 U.S.C. § 1786

• Directors, coaches, assistant coaches, or athletic program personnel employed by private sports organizations or programs

• Persons registered as psychologist candidates, marriage and family therapist candidates or licensed professional counselor candidates

• Emergency medical service providers

Reporting by Other Persons
Citation: Rev. Stat. § 19-3-304
Any other person may report known or suspected child abuse or neglect.

Institutional Responsibility to Report
Not addressed in statutes reviewed.

Standards for Making a Report
Citation: Rev. Stat. § 19-3-304

A report is required when:

• A mandated reporter has reasonable cause to know or suspect child abuse or neglect.

• A reporter has observed a child being subjected to circumstances or conditions that would reasonably result in abuse or neglect.

• Commercial film and photographic print processors have knowledge of or observe any film, photograph, videotape, negative, or slide depicting a child engaged in an act of sexual conduct.

Privileged Communications
Citation: Rev. Stat. §§ 19-3-304; 19-3-311
The clergy-penitent privilege is permitted. The physician-patient, psychologist-client, and husband-wife privileges are not allowed as grounds for failing to report.

Inclusion of Reporter's Name in Report
Citation: Rev. Stat. § 19-3-307
The report shall include the name, address, and occupation of the person making the report.

Disclosure of Reporter Identity
Citation: Rev. Stat. § 19-1-307
The identity of the reporter shall be protected.

Updated 06/01/2016

Return to State List