Failure to Report Child Abuse Lawyer in Fort Collins
Daycare Worker Charged for Not Reporting Scaring Children

A woman was charged with Failure to Report Child Abuse after she didn't notify authorities that her daycare co-workers were scaring children.

Failure to Report Child Abuse is charged in Fort Collins and Larimer County when a person works in a position that makes them a mandatory reporter and they are accused of not alerting authorities after suspecting a child is being abused or neglected in some manner. A daycare worker was charged with this crime after videos surfaced online showing some employees wearing masks and scaring children. According to the report, certain employees filmed themselves putting on masks and jumping out yelling at the children they claimed acted up or refused to clean up. These videos were posted on social media, creating some outrage. Four of the employees ended up charged with Child Abuse and one was charged with Failure to Report Child Abuse, likely because she didn’t’ participate in the video and the scaring, but knew about it and didn’t report the incidents.

Larimer County Failure to Report Child Abuse Attorney: Definition of Failure to Report Child Abuse in Colorado

The Larimer County, Colorado law definition of Failure to Report Child Abuse – C.R.S. 19-3-304 – is:

(1)(a) Except as otherwise provided by section 19-3-307, section 25-1-122 (4)(d), C.R.S., and paragraph (b) of this subsection (1), any person specified in subsection (2) of this section who has reasonable cause to know or suspect that a child has been 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 or cause a report to be made of such fact to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.

Based on the information in the article, the woman would have had to have knowledge of the behavior and then choose not to report it. The fact that it was videoed and posted online doesn’t bode well for a defense that she didn’t know what was going on. It may even show her in the background of the video, which would negate that defense. A charge for this offense is a class 2 misdemeanor. Generally, a conviction of this offense will have even greater collateral consequences on someone’s career.

Who is a Mandatory Reporter of Child Abuse in Loveland and Estes Park?

The list of persons required to report any child abuse or neglect is extensive in Fort Collins, Loveland and Estes Park. Here is the list of people who are required to report any suspected Child Abuse or neglect:

  • Physician or surgeon, including a physician in training;
  • Child health associate;
  • Medical examiner or coroner;
  • Dentist;
  • Osteopath;
  • Optometrist;
  • Chiropractor;
  • Podiatrist;
  • Registered nurse or licensed practical nurse;
  • Hospital personnel engaged in the admission, care, or treatment of patients;
  • Christian science practitioner;
  • Public or private school official or employee;
  • Social worker;
  • Mental health professional;
  • Dental therapist or dental hygienist;
  • Psychologist;
  • Physical therapist;
  • Veterinarian;
  • Peace officer;
  • Pharmacist;
  • Commercial film and photographic print processor;
  • Firefighter;
  • Victim’s advocate;
  • Licensed professional counselors;
  • Licensed marriage and family therapists;
  • Unlicensed psychotherapists;
  • Clergy member;
  • Registered dietitian;
  • Worker in the state department of human services;
  • Juvenile parole and probation officers;
  • Child and family investigators;
  • Officers and agents of the state bureau of animal protection, and animal control officers;
  • The child protection ombudsman;
  • Educator providing services through a federal special supplemental nutrition program for women, infants, and children;
  • Director, coach, assistant coach, or athletic program personnel employed by a private sports organization or program;
  • Person who is registered as a psychologist, marriage and family therapist, or licensed professional counselor candidate;
  • Emergency medical service providers
  • Officials or employees of county departments of health, human services, or social services;
  • Naturopathic doctor;
  • Employees of the department of early childhood.

If you or someone you love has been charged with Failure to Report Child Abuse, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

Photo by Sebastiaan Stam