HB 1234

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1234
     BY REPRESENTATIVE(S) Rydin and Soper, Bacon, Camacho, Clifford,
     Duran, Espenoza, Froelich, Garcia, Gilchrist, Gonzalez R., Hamrick,
     Jackson, Lieder, Lindsay, Lukens, Nguyen, Phillips, Ricks, Rutinel,
     Stewart K., Story, Taggart, Willford, McCluskie;
     also SENATOR(S) Wallace and Frizell, Amabile, Ball, Benavidez, Bridges,
     Cutter, Daugherty, Exum, Gonzales J., Jodeh, Kipp, Lindstedt, Marchman,
     Mullica, Roberts, Rodriguez, Simpson, Snyder, Weissman, Coleman.
     CONCERNING ACCESS TO RECORDS OF CHILD ABUSE OR NEGLECT.
     Be it enacted by the General Assembly of the State of Colorado:
             SECTION 1. In Colorado Revised Statutes, 19-1-307, amend
     (1)(a), (2) introductory portion, (2)(d), and (2)(e); repeal (3) and (4); and
     add (2.1), (2.2), and (5) as follows:
            19-1-307. Dependency and neglect records and information -
     access - fee - records and reports fund - misuse of information - penalty
     - adult protective services data system check - rules.
             (1) (a) Identifying information - confidential.
     ________
     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.
       (I) Except as otherwise provided in this section and section
19-1-303, reports OR RECORDS of child abuse or neglect, and the name and
address of any child, family, or informant or any other identifying
information contained in such reports shall be confidential and shall not be
public information AND ANY IDENTIFYING INFORMATION CONTAINED IN THE
REPORTS OR RECORDS OF CHILD ABUSE OR NEGLECT, MUST NOT BE SHARED
WITH THE PUBLIC.
      (II) FOR PURPOSES OF THIS SUBSECTION (1)(a), THE NAME, ADDRESS,
AND ANY OTHER INFORMATION THAT MAY REVEAL THE IDENTITY OF A CHILD,
FAMILY, OR INFORMANT IS CONSIDERED IDENTIFYING INFORMATION. A
PERSON IN POSSESSION OF A REPORT OR RECORD OF CHILD ABUSE OR
NEGLECT SHALL NOT RELEASE IDENTIFYING INFORMATION CONTAINED IN THE
REPORT OR RECORD OF CHILD ABUSE OR NEGLECT TO A PERSON NOT
PERMITTED TO ACCESS THE INFORMATION PURSUANT TO THIS SECTION OR BY
SECTION 19-1-303 UNLESS OTHERWISE AUTHORIZED BY THE LAW OF THIS
STATE. A COUNTY DEPARTMENT IS NOT LIABLE FOR THE REDISCLOSURE
MADE BY A PERSON FOLLOWING THE COUNTY DEPARTMENT'S LAWFUL
RELEASE OF A REPORT OR RECORD OF CHILD ABUSE OR NEGLECT.
       (2) Records and reports - access to certain persons - agencies -
definition. Except as set forth in section 19-1-303, only the following
persons or agencies have access to child abuse or neglect records and OR
reports:
       (d) (I) Any A person named in the report or record who was alleged
as an abused or neglected child; or,
      (II) If the child named in the report or record is otherwise
incompetent at the time of the request, the child's guardian ad litem or
counsel for youth; AND
      (III) THE ASSIGNED DESIGNEE OF A PERSON NAMED IN THE REPORT
OR RECORD WHO IS ACTING ON THE PERSON'S BEHALF AS A RESULT OF A
VALID RELEASE OF INFORMATION, SIGNED BY AN AUTHORIZED PERSON, WITH
PROTECTION FOR THE IDENTITY OF THE PERSON NAMED IN THE REPORTS OR
RECORDS.
       (e) A parent, guardian, legal custodian, or other person responsible
for the health or welfare of a child named in a report OR RECORD, or the
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assigned designee of any such THE person acting by and through a validly
executed power of attorney VALID RELEASE OF INFORMATION SIGNED BY AN
AUTHORIZED PERSON, with protection for the identity of reporters and other
appropriate persons;
      (2.1) AS USED IN SUBSECTION (2) OF THIS SECTION, "AUTHORIZED
PERSON" MEANS A PERSON WHO IS AN ALLEGED ABUSED OR NEGLECTED
CHILD IF THE PERSON IS CURRENTLY EIGHTEEN YEARS OLD OR OLDER OR IS
AN EMANCIPATED MINOR, OR THE PARENT OR LEGAL GUARDIAN OF A PERSON
WHO IS AN ABUSED OR NEGLECTED CHILD IF THE PERSON IS UNDER EIGHTEEN
YEARS OLD.
      (2.2) (a) A PERSON WHO IS NAMED IN A REPORT OR RECORD AS AN
ALLEGED ABUSED OR NEGLECTED CHILD AND IS IN POSSESSION OF A RECORD
OR REPORT, OR THE ATTORNEY OR GUARDIAN AD LITEM OF THE PERSON
WHEN THAT PERSON WAS A CHILD, WITH THE PERSON'S CONSENT, MAY
DISCLOSE AND MAKE USE OF THE RECORD, INCLUDING TO DISCLOSE AND
MAKE USE OF THE RECORD OR REPORT IN LITIGATION OR TO OBTAIN
TREATMENT OR SERVICES. THE COUNTY DEPARTMENTS ARE NOT
RESPONSIBLE OR LIABLE FOR ANY DISCLOSURE OF THE REPORT OR RECORD
MADE PURSUANT TO THIS SUBSECTION (2.2).
      (b) THE COUNTY DEPARTMENTS SHALL ESTABLISH, AND SUBMIT TO
THE STATE DEPARTMENT UPON COMPLETION, A PROCESS THAT CLIENTS AND
FORMER CLIENTS MAY USE TO OBTAIN ACCESS TO THEIR CASE RECORDS. IF
A COUNTY DEPARTMENT UPDATES ITS PROCESS, IT SHALL SUBMIT THE
UPDATED PROCESS TO THE STATE DEPARTMENT.
        (3) After a child who is the subject of a report to the state
department of human services reaches the age of eighteen years, access to
that report shall be permitted only if a sibling or offspring of such child is
before any person mentioned in subsection (2) of this section and is a
suspected victim of child abuse or neglect.
       (4) Any person who improperly releases or who willfully permits or
encourages the release of data or information contained in the records and
reports of child abuse or neglect to persons not permitted access to such
information by this section or by section 19-1-303 commits a class 2
misdemeanor and shall be punished as provided in section 18-1.3-501.
PAGE 3-HOUSE BILL 26-1234
      (5) UNLESS THIS SECTION EXPLICITLY GRANTS ACCESS TO CHILD
ABUSE OR NEGLECT REPORTS OR RECORDS, ACCESS TO REPORTS OR RECORDS
BY A DEFENDANT IN A CRIMINAL CASE MUST ONLY OCCUR AFTER AN IN
CAMERA REVIEW BY THE CRIMINAL COURT IN WHICH THE COURT FINDS THAT
ACCESS TO THE REPORTS OR RECORDS IS NECESSARY FOR THE RESOLUTION
OF AN ISSUE. SUBJECT TO CONSTITUTIONAL LIMITATIONS, WHEN A COURT
ALLOWS A CRIMINAL DEFENDANT ACCESS TO THE REPORTS OR RECORDS, THE
COURT MAY ENTER A PROTECTION ORDER THAT THE COURT FINDS IS
APPROPRIATE.
        SECTION 2. In Colorado Revised Statutes, 22-1-121, amend (2)
as follows:
       22-1-121. Nonpublic schools - employment of personnel -
notification by department of education.
       (2) Any Information received by the governing board of a nonpublic
school pursuant to subsection (1) of this section shall be IS confidential
information and not subject to the provisions of part 2 of article 72 of title
24. C.R.S. Any A person who releases information obtained pursuant to the
provisions of said subsection (1) OF THIS SECTION or who makes an
unauthorized request for information from the department shall be subject
to the penalties set forth in section 24-72-206, C.R.S.; except that any
person who releases information received from the department of education
concerning information contained in the records and reports of child abuse
or neglect maintained by the state department of human services shall be
deemed to have violated section 19-1-307 (4), C.R.S. COMMITS A PETTY
OFFENSE.
        SECTION 3. In Colorado Revised Statutes, 22-2-119, amend (2)
as follows:
      22-2-119. Department of education - inquiries concerning
prospective employees - background investigation fee.
       (2) Except for authorized inquiries made by boards of education,
governing boards of nonpublic schools, governing boards of charter
schools, or governing boards of institute charter schools, the department
shall consider information held by the department to be AS confidential
information and not subject to the provisions of part 2 of article 72 of title
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24. C.R.S. Any A person who releases such information in violation of this
subsection (2) shall be subject to the penalties set forth in section
24-72-206, C.R.S.; except that any person who releases information
received by the department concerning information contained in the records
and reports of child abuse or neglect maintained by the state department of
human services shall be deemed to have violated section 19-1-307 (4),
C.R.S. COMMITS A PETTY OFFENSE.
        SECTION 4. In Colorado Revised Statutes, 22-30.5-110.5, amend
(9) as follows:
     22-30.5-110.5. Background investigation - charter school
employees - information provided to department - definitions.
        (9) Any Information received by a charter school pursuant to this
section or section 22-30.5-110.7 shall be IS confidential information and not
subject to the provisions of part 2 of article 72 of title 24. C.R.S. A person
who releases information obtained pursuant to the provisions of this section
or section 22-30.5-110.7 or who makes an unauthorized request for
information from the charter school shall be subject to the penalties set forth
in section 24-72-206, C.R.S.; except that a person who releases information
received from the charter school concerning information contained in the
records and reports of child abuse or neglect maintained by the department
of human services shall be deemed to have violated section 19-1-307 (4),
C.R.S. COMMITS A PETTY OFFENSE.
        SECTION 5. In Colorado Revised Statutes, 22-32-109.7, amend
(4) as follows:
       22-32-109.7. Board of education - specific duties - employment
of personnel - definitions.
       (4) Any Information received by a board of education pursuant to
subsection (1) or (2) of this section shall be IS confidential information and
not subject to the provisions of part 2 of article 72 of title 24. C.R.S. Any
A person who releases information obtained pursuant to the provisions of
said subsections SUBSECTION (1) OR (2) OF THIS SECTION or who makes an
unauthorized request for information from the department shall be subject
to the penalties set forth in section 24-72-206, C.R.S.; except that any
person who releases information received from the department of education
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concerning information contained in the records and reports of child abuse
or neglect maintained by the state department of human services shall be
deemed to have violated section 19-1-307 (4), C.R.S. COMMITS A PETTY
OFFENSE.
       SECTION 6. 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 26-1234
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.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
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