JLF-R – Reporting Child Abuse/Child Protection

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Definition of Abuse or Neglect Child abuse or neglect is defined in Colorado law as a threat to the health or welfare of a child from an act or omission in one of the following categories:
  1. With evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and such condition is not justifiably explained or the history given is at variance with the degree or type of such condition or the circumstances indicate that the condition may not be the product of an accidental occurrence.
  2. Any case in which a child is subject to unlawful sexual behavior as defined in state law.
  3. Any case in which a child is in need for services because the child's parents, legal guardians or custodians fail to take the same actions to provide adequate food, clothing, shelter, medical care or supervision that a prudent parent would take.
  4. Any case in which a child is subjected to emotional abuse which 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.
  5. Any case in which the child is in the presence of or resides where a controlled substance as defined by state law is manufactured or attempted to be manufactured.
  6. Any case in which a child is subjected to human trafficking of a minor for sexual servitude.
  7. Any case in which a parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring.
  8. Any case in which a child lacks proper parental care.
  9. Any case in which the child's environment is injurious to his or her welfare.
  10. Any case in which the 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.
  11. Any case in which 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.
  12. Any case in which the child has run away from home or is otherwise beyond the control of his or her parent, guardian, or legal custodian.
  13. Any case in which a parent, guardian, or legal custodian has subjected another child to an identifiable pattern or habitual abuse and the parent, guardian, or legal custodian has been the respondent in another proceeding in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse or has determined that such parent's, guardian's, or legal custodian's abuse or neglect caused the death of another child; and the pattern of habitual abuse and the type of abuse pose a current threat to the child.
Reporting Procedure 1. Any District employee who has reasonable cause to suspect that any child is subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving such information report the situation to the building administrator or designee and take the following actions:
  1. Contact the Department of Human Services or contact law enforcement.
  2. Complete the District's Mandatory Reporting Process form.
  3. Complete the documentation required by the agency to which the initial report was made.
2. Once a report of child abuse is given to the appropriate agency, the responsibility for investigation and follow-up lies with the agency. It is not the responsibility of the District's staff to investigate. Therefore, District staff will not engage in the following activities.
  1. Make home visits for investigative purposes.
  2. Take the child for medical treatment. (This does not preclude taking action in an emergency situation.)
  3. Convey messages between the agency and the parents/guardians or contact the parents/guardians about the reports of abuse or neglect.
3. Authorized District personnel may make available to agency personnel assigned to investigate instances of child abuse the health or other records of a student for such investigative purposes, in accordance with applicable state and federal laws governing the release of student education records maintained by the District. 4. A law enforcement officer may take a student into temporary custody without a court order. A human services employee does not have the legal authority to take a student into custody without a court order. The building administrator or designee should request the law enforcement office contact the parents prior to removing a student from school grounds. Guidelines for Consideration
  1. If any District employee has questions about reasonable cause of child abuse and the need for making a report to the appropriate agency, the employee may consult with the building administrator, the building nurse or District Liaison. A direct call to the county Department of Human Services about concerns is also advisable.
Note: Consultation with another District official or employee will not absolve the District official or employee of the responsibility for reporting child abuse.
  1. In an emergency situation requiring retention of the child at the school building due to fear that if released, the child's health or welfare might be in danger, it should be observed that only law enforcement officials have the legal authority to hold a child at school. Otherwise a court order must be obtained to legally withhold a child from his or her parent or guardian.
  2. The confidential nature of information pertinent to child abuse or neglect cases is a matter to be emphasized both legally and humanely.
Adoption Date: December 08, 2003 Last Revised: November 12, 2018
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