Immunity for Persons Who Report Child Abuse and Neglect - Colorado

Date: January 2023

Immunity for Making Reports

Citation: Rev. Stat. § 19-3-309

Any person who participates in good faith in making a report pursuant to the reporting laws or acting pursuant to law shall be immune from any civil or criminal liability or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person's behavior was willful, wanton, and malicious.

For any civil or criminal proceedings, good faith shall be presumed of any such person reporting child abuse.

Additional Provisions of Immunity

Citation: Rev. Stat. § 19-3-309

Any person who participates in good faith in the facilitation of the investigation of a report or a judicial proceeding resulting therefrom, the taking of photographs or x-rays, the placing in temporary protective custody of a child, or otherwise performing their duties or acting pursuant to law shall be immune from any civil or criminal liability or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person's behavior was willful, wanton, and malicious.

For any civil or criminal proceedings, good faith shall be presumed of any such person taking photographs or x-rays and any such person who has legal authority to place a child in protective custody.

Limitations to Immunity

Citation: Rev. Stat. § 19-3-309

Any person other than the perpetrator, complicitor, coconspirator, or accessory shall be immune from any civil or criminal liability.