Child Advocacy Centers

HOUSE BILL 26-1142
BY REPRESENTATIVE(S) Taggart and Boesenecker, Espenoza, Bacon,
Bradley, Caldwell, Clifford, Duran, Froelich, Garcia Sander, Gilchrist,
Goldstein, Gonzalez R., Hamrick, Keltie, Lieder, Lindsay, Lukens,
McCormick, Nguyen, Rutinel, Sirota, Slaugh, Smith, Stewart K.,
Stewart R., Story, Suckla, Weinberg, Woog, McCluskie;
also SENATOR(S) Roberts and Ball, Benavidez, Bright, Cutter, Daugherty,
Exum, Gonzales J., Jodeh, Kipp, Kolker, Mullica, Rodriguez, Snyder,
Wallace, Weissman, Coleman.
CONCERNING CHILD ADVOCACY CENTERS IN CASES OF CHILD
MALTREATMENT.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Short title. The short title of this act is the "Colorado
Child Advocacy Center Act".
SECTION 2. Legislative declaration. (1) The general assembly
finds that:
(a) Children who are victims of child maltreatment and children who
witness violent crimes deserve a coordinated, trauma-informed response
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
that prioritizes their safety, well-being, and healing;
(b) Child advocacy centers provide a proven, child-focused model
for the investigation, treatment, and prosecution of child maltreatment
through multidisciplinary collaboration with law enforcement, child
protective services, prosecutors, medical and mental health professionals,
and victim advocates;
( c) Colorado's statutes currently reference child advocacy centers
minimally and do not define what constitutes a child advocacy center or its
standards of practice;
( d) Establishing a clear statutory definition of a child advocacy
center and promoting consistent statewide practices will strengthen
Colorado's child protection network; and
(e) Clarifying confidentiality, information-sharing, and limited
immunity provisions for child advocacy center staff will encourage
collaboration while protecting children and families.
(2) Therefore, the general assembly declares that it is necessary to
enact the "Colorado Child Advocacy Center Act" to modernize the statutory
framework for children's advocacy centers, ensure statewide consistency,
and enhance a coordinated response to child maltreatment.
SECTION 3. In Colorado Revised Statutes, 19-1-103, amend (23)
as follows:
19-1-103. Definitions.
As used in this title 19 or in the specified portion of this title 19,
unless the context otherwise requires:
(23) (a) "Child advocacy center", as used in part 3 of article 3 of this
title 19, means a eenter that provides a eomprehensive multidiseiplinary
team t esponse to allegations of ehild abuse 01 negleet in a dedieated,
ehild-ft iendly setting. The team t esponse to allegations of ehild abuse 01
negleet ineludes but is not limited to teehnieal assistanee for for ensie
inter views, forensic medieal examinations, mental health and related
support serviees, eonsultation, training, and edueation. AN INDEPENDENT,
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CHILD-FOCUSED, AND TRAUMA-INFORMED FACILITY-BASED CENTER THAT:
(I) IS IN GOOD ST ANDING WITH AN ACCREDITED ST A TE CHAPTER OF
A NATIONAL ASSOCIATION AND ACCREDITING BODY THAT PROVIDES
SUPPORT, ADVOCACY, QUALITY ASSUR A NCE, AND NATIONAL LEADERSHIP
FOR CHILD ADVOCACY CENTERS, WHICH ST A TE CHAPTER OVERSEES AND
PROVIDES GUIDANCE TO CHILD ADVOCACY CENTERS OPERA TING IN THE
STATE; AND
(11) COO RD INA TES WITH REPRESENTATIVES FROM LAW
ENFORCEMENT AND CHILD PROTECTIVE SERVICES, PROSECUTORS, MENTAL
HEALTH PROFESSIONALS, MEDICAL PROFESSIONALS, FORENSIC
INTERVIEWERS, AND VICTIM ADVOCACY GROUPS TO ENSURE A SAFE,
COORDINATED, TRAUMA-INFORMED, AND MULTIDISCIPLINARY
INVESTIGATIVE RESPONSE TO A CHILD SUSPECTED TO BE A VICTIM OF CHILD
ABUSE AND THE CHILD'S CAREGIVERS AND TO DETERMINE WHAT SERVICES
NEED TO BE PROVIDED TO THE CHILD AND THE CHILD'S CAREGIVERS.
(b) "CHILD ADVOCACY CENTER" DOES NOT INCLUDE A HEALTH-CARE
INSTITUTION OR A HEALTH-CARE PROFESSIONAL, AS THOSE TERMS ARE
DEFINED IN SECTION 13-64-202.
SECTION 4. In Colorado Revised Statutes, add 19-3-319 as
follows:
19-3-319. Child advocacy centers - information sharing - civil
immunity -definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "CHILD ADVOCACY CENTER MULTIDISCIPLINARY TEAM" MEANS
A GROUP OF PROFESSIONALS WHO WORK COLLABORATIVELY WITH A CHILD
ADVOCACY CENTER ON BEHALF OF CHILDREN SERVED BY A CHILD ADVOCACY
CENTER TO SHARE INFORMATION TO INFORM THE INVESTIGATION AND
PROSECUTION OF CHILD MALTREATMENT AND TO COORDINATE SERVICES IN
RESPONSE TO REPORTS OF CHILD MALTREATMENT. A CHILD ADVOCACY
CENTER MULTIDISCIPLINARY TEAM MUST INCLUDE, AT A MINIMUM, THE
FOLLOWING PROFESSIONALS:
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UNIT;
(I) A MEMBER OF A LAW ENFORCEMENT AGENCY;
(II) A DISTRICT ATTORNEY OR ASSIST ANT DISTRICT ATTORNEY;
(III) A MEMBER OF THE DEPARTMENT'S CHILD PROTECTIVE SERVICES
(IV) A LOCAL MENTAL HEALTH PROVIDER;
(V) A LOCAL HEALTH-CARE PROVIDER;
(VI) A VICTIM ADVOCATE; AND
(VII) CHILD ADVOCACY CENTER STAFF.
(b) "CHILD MALTREATMENT" MEANS CONDUCT THAT INVOLVES
SEXUAL OR PHYSICAL ABUSE OF A CHILD, NEGLECT OF A CHILD, HUMAN
TRAFFICKING OF A CHILD, OR EXPLOITATION OF A CHILD.
(2) (a) THE COUNTY DEPARTMENT MAY SHARE INFORMATION THAT
IS RELEVANT TO THE PROTECTION OF A CHILD WHO IS THE SUBJECT OF A
CHILD MALTREATMENT CASE WITH THE CHILD ADVOCACY CENTER
MULTIDISCIPLINARY TEAM WORKING ON BEHALF OF THE CHILD.
(b) MEMBERS OF A CHILD ADVOCACY CENTER MULTIDISCIPLINARY
TEAM MAY SHARE INFORMATION THAT IS RELEVANT TO THE PROTECTION OF
A CHILD WHO IS THE SUBJECT OF A CHILD MALTREATMENT CASE AMONG THE
CHILD ADVOCACY CENTER MULTIDISCIPLINARY TEAM AND THE COUNTY
DEPARTMENT.
( C) ANY INFORMATION SHARED AMONG COUNTY DEPARTMENTS AND
CHILD ADVOCACY CENTER MULTIDISCIPLINARY TEAM MEMBERS PURSUANT
TO SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION MUST:
(I) REMAIN CONFIDENTIAL, EXCEPT WHEN DISCLOSURE IS REQUIRED
BYLAW, INCLUDING THE COLORADO RULES OF JUVENILE PROCEDURE;
(II) BE WITHHELD FROM PUBLIC INSPECTION; AND
(III) ONLY BE USED TO THE EXTENT NECESSARY FOR THE COUNTY
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DEPARTMENT OR CHILD ADVOCACY CENTER MULTIDISCIPLINARY TEAM TO
PERFORM ITS DUTIES.
(3) (a) A CHILD ADVOCACY CENTER MULTIDISCIPLINARY TEAM
MEMBER WHO PARTICIPATES IN GOOD FAITH IN TEAM DISCUSSIONS BY
PROVIDING INFORMATION ABOUT A CHILD WHOSE CASE IS BEING REVIEWED
BY A CHILD ADVOCACY CENTER MULTIDISCIPLINARY TEAM IS IMMUNE FROM
ANY CIVIL OR CRIMINAL LIABILITY FOR DISCLOSURE OF INFORMATION WITHIN
THE CONTEXT OF THE CHILD ADVOCACY CENTER MULTIDISCIPLINARY TEAM,
UNLESS THE DISCLOSURE OF INFORMATION WAS DUE TO GROSS NEGLIGENCE,
WANTON CONDUCT, OR INTENTIONAL WRONGDOING.
(b) A BOARD MEMBER, STAFF MEMBER, OR VOLUNTEER OF A CHILD
ADVOCACY CENTER IS IMMUNE FROM CIVIL LIABILITY ARISING FROM THE
INVESTIGATION OF CHILD MALTREATMENT OR DISCLOSURE OF INFORMATION
WITHIN THE CONTEXT OF THE CHILD ADVOCACY CENTER MULTIDISCIPLINARY
TEAM FOR THE BENEFIT OF THE CHILD ADVOCACY CENTER IF THE PERSON'S
ACTS WERE REASONABLE AND PERFORMED IN GOOD FAITH. IMMUNITY
EXTENDED PURSUANT TO THIS SUBSECTION (3)(b) DOES NOT EXTEND TO
ACTS OF GROSS NEGLIGENCE, WANTON MISCONDUCT, OR INTENTIONAL
WRONGDOING ARISING OUT OF THE INVESTIGATION OF CHILD
MALTREATMENT OR DISCLOSURE OF INFORMATION WITHIN THE CONTEXT OF
THE CHILD ADVOCACY CENTER MULTIDISCIPLINARY TEAM FOR THE BENEFIT
OF THE CHILD ADVOCACY CENTER. IMMUNITY EXTENDED PURSUANT TO THIS
SUBSECTION (3)(b) DOES NOT EXTEND TO ACTIONS THAT CONSTITUTE
MEDICAL NEGLIGENCE, AS GOVERNED BY THE "HEALTH CARE AVAILABILITY
ACT" IN PART 1 OF ARTICLE 64 OF TITLE 13, OR ACTIONS GOVERNED BY THE
"PREMISES LIABILITY ACT" IN PART 1 OF ARTICLE 21 OF PART 13.
SECTION 5. In Colorado Revised Statutes, 18-3-505, amend
(l)(b)(:XXI) as follows:
18-3-505. Human trafficking council -created -duties -repeal.
( 1) (b) The membership of the council must reflect, to the extent
possible, representation of urban and rural areas of the state and a balance
of expertise, both governmental and nongovernmental, in issues relating to
human trafficking. The council must include members with expertise in
child welfare and human services to address the unique needs of child
victims, including those child victims who are involved in the child welfare
PAGE 5-HOUSE BILL 26-1142
system. The membership of the council consists of the following persons,
appointed as follows:
(XXI) A representative of a child advocacy center, AS DEFINED IN
SECTION 19-1-103;
SECTION 6. In Colorado Revised Statutes, 24-1.9-102.3, amend
(2)(e) as follows:
24-1.9-102.3. Duties of individualized service and support teams.
(2) The information form for children created in section
24-1.9-102.7, or any other form created by the local collaborative
management program, may be used by multiple agencies to refer a child to
a local collaborative management program in accordance with the local
collaborative management program's memorandum of understanding. Such
agencies include, but are not limited to:
( e) A child advocacy center, AS DEFINED IN SECTION 19-1-103; and
SECTION 7. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 6-HOUSE BILL 26-1142
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
J~'-,,
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRET ARY OF
THE SENATE
APPROVED Q\.. v"V\ QV' c! "''::\ ~'fY\'\ \3-\\.-20Ue, tl\.4 1 l OI~
(Date and Time)
Jared
GOVE
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