Definitions of Child Abuse and Neglect Colorado

Statute: §§ 19-1-103; 19-3-102; 19-3-103

Standard
Threatens child's health or welfare

Exemption

Corporal punishment
Cultural practices
Reasonable force
Religious exemption
Work-related practices of agricultural communities

<.b>Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Abandonment

Categories of Maltreatment Not Defined in Statute

DEFINITIONS

Colo. Rev. Stat. Ann. § 19-1-103 (West, WESTLAW through Colo. 2003 Legis. Serv., Ch. 91)

'Abuse' or 'child abuse or neglect' means an act or omission in one of the following categories that threatens the health or welfare of a child:

Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either such condition or death is not justifiably explained; the history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence.

Any case in which a child is subjected to sexual assault or molestation, sexual exploitation, or prostitution;

Any case in which a child is a child in need of services because the child's parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take.

Any case in which a child is subjected to emotional abuse. As used in this subparagraph, 'emotional abuse' means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development.

Any act or omission described in §19-3-102;

Any case in which, in the presence of a child, or on the premises where a child is found, or where a child resides, a controlled substance is manufactured.

'Intrafamilial abuse' means any case of abuse that occurs within a family context by a child's parent, stepparent, guardian, legal custodian, or relative, by a spousal equivalent, or by any other person who resides in the child's home or who is regularly in the child's home for the purpose of exercising authority over or care for the child; except that 'intrafamilial abuse' shall not include abuse by a person who is regularly in the child's home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.

'Responsible person' means a child's parent, legal guardian, or custodian, or any other person responsible for the child's health and welfare.

'Sexual conduct' means any of the following:

Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;

Penetration of the vagina or rectum by any object;

Masturbation;

Sexual sadomasochistic abuse.

Colo. Rev. Stat. Ann. § 19-3-102 (West Supp. 1998)

'Neglected' or 'dependent' a child is neglected or dependent if:

A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;

The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;

The child's environment is injurious to his or her welfare;

A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being;

The child is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;

The child has run away from home or is otherwise beyon the control of his or her parent, guardian or legal custodian.

A child is neglected or dependent if:

A parent, guardian, or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse; and

Such parent, guardian, or legal custodian has been the respondent in another proceeding under this article in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has determined that such parent's, guardian's, or legal custodian's abuse or neglect has caused the death of another child; and

The pattern of habitual abuse described above and the type of abuse pose a current threat to the child.

EXCEPTIONS

Colo. Rev. Stat. Ann. § 19-1-103(1)(b) (West, WESTLAW through End of 2001 1st Reg. Sess.)

In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates, including, but not limited to, accepted work-related practices of agricultural communities.

Nothing in this subsection shall refer to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody that are performed by a peace officer acting in good faith performance of the officer's duties.

Colo. Rev. Stat. Ann. § 19-3-103 (West Supp. 1998)

No child who in lieu of medical treatment is under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing shall, for that reason alone, be considered to have been neglected or dependent within the purview of this article. However, the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability. In order to make a determination as to whether the child is in a life-threatening situation or that the child's condition will result in serious disability, the court may order a medical evaluation of the child. If the court determines, on the basis of any relevant evidence before the court, including the medical evaluation ordered pursuant to this section, that the child is in a life-threatening situation or that the child's condition will result in serious disability, the court may order that medical treatment be provided for the child. A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to have been neglected or dependent for the purposes of this article and injured or endangered for the purposes of § 18-6-401.