Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0772.01 Chelsea Princell x4335 HOUSE BILL 26-1234
House Committees Senate Committees
Judiciary Judiciary
A BILL FOR AN ACT
CONCERNING ACCESS TO RECORDS OF CHILD ABUSE OR NEGLECT.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill prohibits a person who possesses records or reports
(records) of child abuse or neglect from releasing identifying data or
information contained in the records to a person who is not authorized to
receive the information or data.
The bill includes an attorney representing a person named in the
record and an assigned designee of the child named in a record as
authorized persons who may have access to child abuse or neglect records
if the attorney or assigned designee presents a valid release of information
SENATE
3rd Reading Unamended
April 6, 2026
SENATE
2nd Reading Unamended
April 2, 2026
HOUSE
3rd Reading Unamended
March 23, 2026
HOUSE
Amended 2nd Reading
March 20, 2026
HOUSE SPONSORSHIP
Rydin and Soper, Bacon, Camacho, Clifford, Duran, Espenoza, Froelich, Garcia, Gilchrist,
Gonzalez R., Hamrick, Jackson, Lieder, Li ndsay, Lukens, McCluskie, Nguyen, Phillips,
Ricks, Rutinel, Stewart K., Story, Taggart, Willford
SENATE SPONSORSHIP
Wallace and Frizell, Amabile, Ball, Benavidez, Bridges, Coleman, Cutter, Daugherty,
Exum, Gonzales J., Jodeh, Kipp, Lindstedt, Marchman, Mullica, Roberts, Rodriguez,
Simpson, Snyder, Weissman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
signed by an authorized person.
The bill allows a person named in a record as an alleged abused or
neglected child who is in possession of a record in which they are named
or, with the person's consent, the person's attorney or guardian ad litem,
to disclose and make use of the record, including for the purpose of
litigation or to obtain treatment or services.
The bill requires each county department of human or social
services (county department) to establish and submit to the state
department of human services a process for current and former clients to
obtain access to their case records.
The bill repeals the penalties associated with a person who
improperly releases or willfully permits or encourages the release of data
or information contained in the records to a person not permitted to access
the information.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-1-307, amend2
(1)(a), (2) introductory portion, (2)(d), and (2)(e); repeal (3) and (4); and3
add (2.1), (2.2), and (5) as follows:4
19-1-307. Dependency and neglect records and information -5
access - fee - records and reports fund - misuse of information -6
penalty - adult protective services data system check - rules.7
8
(1) (a) Identifying information - confidential.9
(I) Except as otherwise provided in this section and section10
19-1-303, reports OR RECORDS of child abuse or neglect, and the name11
and address of any child, family, or informant or any other identifying12
information contained in such reports shall be confidential and shall not13
be public information. AND ANY IDENTIFYING INFORMATION CONTAINED14
IN THE REPORTS OR RECORDS OF CHILD ABUSE OR NEGLECT, MUST NOT BE15
SHARED WITH THE PUBLIC.16
(II) FOR PURPOSES OF THIS SUBSECTION (1)(a), THE NAME ,17
1234-2-
ADDRESS, AND ANY OTHER INFORMATION THAT MAY REVEAL THE1
IDENTITY OF A CHILD, FAMILY, OR INFORMANT IS CONSIDERED IDENTIFYING2
INFORMATION. A PERSON IN POSSESSION OF A REPORT OR RECORD OF CHILD3
ABUSE OR NEGLECT SHALL NOT RELEASE IDENTIFYING INFORMATION4
CONTAINED IN THE REPORT OR RECORD OF CHILD ABUSE OR NEGLECT TO5
A PERSON NOT PERMITTED TO ACCESS THE INFORMATION PURSUANT TO6
THIS SECTION OR BY SECTION 19-1-303 UNLESS OTHERWISE AUTHORIZED7
BY THE LAW OF THIS STATE. A COUNTY DEPARTMENT IS NOT LIABLE FOR8
THE REDISCLOSURE MADE BY A PERSON FOLLOWING THE COUNTY9
DEPARTMENT'S LAWFUL RELEASE OF A REPORT OR RECORD OF CHILD10
ABUSE OR NEGLECT.11
(2) Records and reports - access to certain persons - agencies12
- definition. Except as set forth in section 19-1-303, only the following13
persons or agencies have access to child abuse or neglect records and OR14
reports:15
(d) (I) Any A person named in the report or record who was16
alleged as an abused or neglected child; or,17
(II) If the child named in the report or record is otherwise18
incompetent at the time of the request, the child's guardian ad litem or19
counsel for youth; AND20
(III) THE ASSIGNED DESIGNEE OF A PERSON NAMED IN THE REPORT21
OR RECORD WHO IS ACTING ON THE PERSON 'S BEHALF AS A RESULT OF A22
VALID RELEASE OF INFORMATION, SIGNED BY AN AUTHORIZED PERSON,23
WITH PROTECTION FOR THE IDENTITY OF THE PERSON NAMED IN THE24
REPORTS OR RECORDS.25
(e) A parent, guardian, legal custodian, or other person26
responsible for the health or welfare of a child named in a report OR27
1234-3-
RECORD, or the assigned designee of any such THE person acting by and1
through a validly executed power of attorney VALID RELEASE OF2
INFORMATION SIGNED BY AN AUTHORIZED PERSON, with protection for the3
identity of reporters and other appropriate persons;4
(2.1) AS USED IN SUBSECTION (2) OF THIS SECTION, "AUTHORIZED5
PERSON" MEANS A PERSON WHO IS AN ALLEGED ABUSED OR NEGLECTED6
CHILD IF THE PERSON IS CURRENTLY EIGHTEEN YEARS OLD OR OLDER OR7
IS AN EMANCIPATED MINOR , OR THE PARENT OR LEGAL GUARDIAN OF A8
PERSON WHO IS AN ABUSED OR NEGLECTED CHILD IF THE PERSON IS UNDER9
EIGHTEEN YEARS OLD.10
(2.2) (a) A PERSON WHO IS NAMED IN A REPORT OR RECORD AS AN11
ALLEGED ABUSED OR NEGLECTED CHILD AND IS IN POSSESSION OF A12
RECORD OR REPORT, OR THE ATTORNEY OR GUARDIAN AD LITEM OF THE13
PERSON WHEN THAT PERSON WAS A CHILD, WITH THE PERSON'S CONSENT,14
MAY DISCLOSE AND MAKE USE OF THE RECORD, INCLUDING TO DISCLOSE15
AND MAKE USE OF THE RECORD OR REPORT IN LITIGATION OR TO OBTAIN16
TREATMENT OR SERVICES . THE COUNTY DEPARTMENTS ARE NOT17
RESPONSIBLE OR LIABLE FOR ANY DISCLOSURE OF THE REPORT OR RECORD18
MADE PURSUANT TO THIS SUBSECTION (2.2).19
(b) THE COUNTY DEPARTMENTS SHALL ESTABLISH, AND SUBMIT TO20
THE STATE DEPARTMENT UPON COMPLETION , A PROCESS THAT CLIENTS21
AND FORMER CLIENTS MAY USE TO OBTAIN ACCESS TO THEIR CASE22
RECORDS. IF A COUNTY DEPARTMENT UPDATES ITS PROCESS , IT SHALL23
SUBMIT THE UPDATED PROCESS TO THE STATE DEPARTMENT.24
(3) After a child who is the subject of a report to the state25
department of human services reaches the age of eighteen years, access26
to that report shall be permitted only if a sibling or offspring of such child27
1234-4-
is before any person mentioned in subsection (2) of this section and is a1
suspected victim of child abuse or neglect.2
(4) Any person who improperly releases or who willfully permits3
or encourages the release of data or information contained in the records4
and reports of child abuse or neglect to persons not permitted access to5
such information by this section or by section 19-1-303 commits a class6
2 misdemeanor and shall be punished as provided in section 18-1.3-501.7
(5) UNLESS THIS SECTION EXPLICITLY GRANTS ACCESS TO CHILD8
ABUSE OR NEGLECT REPORTS OR RECORDS, ACCESS TO REPORTS OR9
RECORDS BY A DEFENDANT IN A CRIMINAL CASE MUST ONLY OCCUR AFTER10
AN IN CAMERA REVIEW BY THE CRIMINAL COURT IN WHICH THE COURT11
FINDS THAT ACCESS TO THE REPORTS OR RECORDS IS NECESSARY FOR THE12
RESOLUTION OF AN ISSUE. SUBJECT TO CONSTITUTIONAL LIMITATIONS ,13
WHEN A COURT ALLOWS A CRIMINAL DEFENDANT ACCESS TO THE REPORTS14
OR RECORDS, THE COURT MAY ENTER A PROTECTION ORDER THAT THE15
COURT FINDS IS APPROPRIATE.16
SECTION 2. In Colorado Revised Statutes, 22-1-121, amend (2)17
as follows:18
22-1-121. Nonpublic schools - employment of personnel -19
notification by department of education.20
(2) Any Information received by the governing board of a21
nonpublic school pursuant to subsection (1) of this section shall be IS22
confidential information and not subject to the provisions of part 2 of23
article 72 of title 24. C.R.S. Any A person who releases information24
obtained pursuant to the provisions of said subsection (1) OF THIS SECTION25
or who makes an unauthorized request for information from the26
department shall be subject to the penalties set forth in section 24-72-206,27
1234-5-
C.R.S.; except that any person who releases information received from1
the department of education concerning information contained in the2
records and reports of child abuse or neglect maintained by the state3
department of human services shall be deemed to have violated section4
19-1-307 (4), C.R.S. COMMITS A PETTY OFFENSE.5
SECTION 3. In Colorado Revised Statutes, 22-2-119, amend (2)6
as follows:7
22-2-119. Department of education - inquiries concerning8
prospective employees - background investigation fee.9
(2) Except for authorized inquiries made by boards of education,10
governing boards of nonpublic schools, governing boards of charter11
schools, or governing boards of institute charter schools, the department12
shall consider information held by the department to be AS confidential13
information and not subject to the provisions of part 2 of article 72 of title14
24. C.R.S. Any A person who releases such information in violation of15
this subsection (2) shall be subject to the penalties set forth in section16
24-72-206, C.R.S.; except that any person who re leases information17
received by the department concerning information contained in the18
records and reports of child abuse or neglect maintained by the state19
department of human services shall be deemed to have violated section20
19-1-307 (4), C.R.S. COMMITS A PETTY OFFENSE.21
SECTION 4. In Colorado Revised Statutes, 22-30.5-110.5,22
amend (9) as follows:23
22-30.5-110.5. Background investigation - charter school24
employees - information provided to department - definitions.25
(9) Any Information received by a charter school pursuant to this26
section or section 22-30.5-110.7 shall be IS confidential information and27
1234-6-
not subject to the provisions of part 2 of article 72 of title 24. C.R.S. A1
person who releases information obtained pursuant to the provisions of2
this section or section 22-30.5-110.7 or who makes an unauthorized3
request for information from the charter school shall be subject to the4
penalties set forth in section 24-72-206, C.R.S.; except that a person who5
releases information received from the charter school concerning6
information contained in the records and reports of child abuse or neglect7
maintained by the department of human services shall be deemed to have 8
violated section 19-1-307 (4), C.R.S. COMMITS A PETTY OFFENSE.9
SECTION 5. In Colorado Revised Statutes, 22-32-109.7, amend10
(4) as follows:11
22-32-109.7. Board of education - specific duties - employment12
of personnel - definitions.13
(4) Any Information received by a board of education pursuant to14
subsection (1) or (2) of this section shall be IS confidential information15
and not subject to the provisions of part 2 of article 72 of title 24. C.R.S.16
Any A person who releases information obtained pursuant to the17
provisions of said subsections SUBSECTION (1) OR (2) OF THIS SECTION or18
who makes an unauthorized request for information from the department19
shall be subject to the penalties set forth in section 24-72-206, C.R.S.;20
except that any person who releases information received from the21
department of education concerning information contained in the records22
and reports of child abuse or neglect maintained by the state department23
of human services shall be deemed to have violated section 19-1-307 (4),24
C.R.S. COMMITS A PETTY OFFENSE.25
SECTION 6. Act subject to petition - effective date. This act26
takes effect at 12:01 a.m. on the day following the expiration of the27
1234-7-
ninety-day period after final adjournment of the general assembly (August1
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a2
referendum petition is filed pursuant to section 1 (3) of article V of the3
state constitution against this act or an item, section, or part of this act4
within such period, then the act, item, section, or part will not take effect5
unless approved by the people at the general election to be held in6
November 2026 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
1234-8-