Fort Collins Mandatory Reporting Attorney
Failure to Report Child Abuse as a Mandatory Reporter

School staff members are facing Failure to Report Child Abuse charges after not reporting the sexual assault of a student. Read more about Violation of Persons Required to Report.

Recently, there have been a number of publicized cases, where school staff members have been charged with Failure to Report Child Abuse and Neglect after learning about sexual assault allegations. In Fort Collins and Larimer County, if you are a mandatory reporter, you are required by law to report ANY suspected child abuse or neglect, whether the alleged abuser is the same age or an adult. Five staff members from a Denver high school have been charged with Violation of Persons Required to Report after a girl reported that she has been raped, but said she did not want to press charges. Over a year later, the parents contacted the police and an investigation ensued. The school claims that they did report the incident to the police, but there must not be record of that if they are moving forward with the misdemeanor charges.

Who Is a Mandatory Reporter in Larimer County? Persons Required to Report Child Abuse or Neglect

Under C.R.S. 19-3-304, in Larimer and Boulder County, the following people are mandatory reporters:

  • Physician or surgeon;
  • 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 or worker in any facility or agency that is licensed or certified
  • Mental health professional;
  • 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;
  • Registered psychotherapists;
  • Clergy member

Violation of Persons Required to Report in Loveland and Estes Park

According to C.R.S. 19-3-304:

(4) Any person who willfully violates the provisions of subsection (1) of this section or who violates the provisions of subsection (3.5) of this section:

(a)  Commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.;

(b)  Shall be liable for damages proximately caused thereby.

Bascially, any person who does not report as required faces a class 3 misdemeanor in Fort Collins, Loveland, and Estes Park. A class 3 misdemeanor is punishable by up to 6 months in the Larimer County Jail and fines. Worse, a conviction will likely affect your ability to work in a position of trust (a mandatory reporting position) again.

If you or someone you love has been charged with Violating Mandatory Reporting Requirements, 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 today. Together, we can protect your future.

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