M.G. ex rel. M.A.G v. Colorado Department of Human Services, Central Registry

12 P.3d 815, 2000 Colo. J. C.A.R. 2940, 2000 Colo. App. LEXIS 903, 2000 WL 675031
CourtColorado Court of Appeals
DecidedMay 25, 2000
DocketNo. 99CA1309
StatusPublished
Cited by1 cases

This text of 12 P.3d 815 (M.G. ex rel. M.A.G v. Colorado Department of Human Services, Central Registry) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.G. ex rel. M.A.G v. Colorado Department of Human Services, Central Registry, 12 P.3d 815, 2000 Colo. J. C.A.R. 2940, 2000 Colo. App. LEXIS 903, 2000 WL 675031 (Colo. Ct. App. 2000).

Opinion

Opinion by

Judge NEY.

In this action for review of an administrative agency decision, plaintiffs, M.G. and G.G., as parents and next friends of a minor, M.A.G., appeal from a district court judgment in favor of defendant, the Colorado Department of Human Services (department). We affirm.

Pursuant to § 19-8-318, C.R.S.1999, a report concerning severe sexual abuse by MAG. of his younger brother, R.G., was forwarded to the department for entry into the Central Registry for Child Protection (central registry). As required by § 19-8-313(5.5), C.R.S.1999, notice of the report was sent to the plaintiffs, and they requested an administrative review before the report, naming M.A.G. as a perpetrator, was placed on the central registry.

After reviewing the report, the director of the central registry notified the plaintiffs of his decision to enter it on the central registry. The plaintiffs then requested a fair hearing pursuant to § 19-3-818(5.5), C.R.S. 1999. At the beginning of the hearing, the parties stipulated that the sexual contact or abuse between M.A.G. and R.G. occurred in April 1997 and that it was reported to the Arapahoe County Department of Social Services in July 1997. The parties further stipulated that the children were 15 and 18 years old respectively at the time of the incident. During the hearing, the plaintiffs presented evidence and argued that, for various reasons, listing the report on the central registry was inconsistent with the stated purpose of the Colorado Children's Code, §§ 19-1-102, et seq., C.R.8.1999 (Code).

The administrative law judge rejected the plaintiffs' arguments, modified the report to reflect minor sexual abuse and a low likelihood of recurrence, and ordered that the report be listed on the central registry. The [817]*817department's Office of Appeals affirmed, as did the district court following judicial review pursuant to § 24-4-106, C.R.8.1999.

I.

The plaintiffs contend on appeal that the report is being maintained in a manner inconsistent with the stated purpose of the Code.

A.

The plaintiffs first argue that listing a minor, who has sexually abused a family member, on the central registry is contrary to the intent of the General Assembly in enacting § 19-83-8183, C.R.§.1999. We disagree.

The provisions of the Code must be liberally construed to serve the welfare of the children and the best interests of society. Section 19-1-102(2), C.R.8.1999.

In construing a statute, a court must ascertain and give effect to the intent of the General Assembly and adopt the construction that best effectuates the purposes of the statutory scheme. M.S. v. People, 812 P.2d 632 (Colo.1991). To determine intent, the court should look first to the language of the statute and give the words their ordinary meaning. Catholic Charities in Interest of C.C.G., 942 P.2d 1880 (Colo.App.1997). If the statutory language is clear, resort to other rules of statutory construction is precluded. Catholic Charities in Interest of C.C.G., supra. Finally, it is presumed that the General Assembly favored the public interest over any private interest in enacting the statute. Smith v. Zufelt, 880 P.2d 1178 (Colo.1994).

Among the general purposes of the Code are (1) securing for each child, preferably in his or her own home, the care and guidance that will best serve the child's welfare and the interests of society and (2) preserving and strengthening family ties, whenever possible. Section 19-1-102(a) and (b), C.R.S. 1999.

In enacting the Child Protection Act of 1987, §§ 19-3-801, et seq., C.R.S.1999, the General Assembly declared that the complete reporting of child abuse was a matter of public concern and that its intent was "to protect the best interests of children of this state and to offer protective services in order to prevent any further harm to a child suffering from abuse." Section 19-38-8302, C.R.S. 1999 (emphasis added). To facilitate its intent, the General Assembly provided for mandatory reporting of all known or suspected child abuse or neglect, and it created the central registry for the purpose of maintaining information concerning each case of confirmed child abuse. Sections 19-8-304, 19-3-807, and 19-3-818(1), Watso v. Department of Social Services, 841 P.2d 299 (Colo.1992).

Each report of child abuse or neglect must be investigated immediately upon receipt. Section 19-8-8308(1), C.R.S.1999; Watso v. Department of Social Services, supra. Section 19-38-3808, C.R.S.1999, designates the entities responsible for investigating reports of intrafamilial, institutional, or third-party child abuse or neglect, and it sets forth the investigatory procedures and appropriate remedial action depending on the type of child abuse or neglect reported.

Contrary to the plaintiffs' argument, the difference in treatment accorded to reports of intrafamilial child abuse and neglect under § 19-83-8308, as compared with that accorded to reports of institutional or third-party child abuse or neglect, cannot be construed to negate the mandatory reporting requirements of the central registry of confirmed child abuse or neglect. See §§ 19-38-8304, 19-3-307, and 19-8-318(1), C.R.98.1999. To do so would be contrary to the express intent of the General Assembly in enacting the Child Protection Act of 1987-to assure complete reporting of child abuse and neglect in order to protect the best interests of Colorado children and to provide protective services to them. See Watso v. Department of Social Services, supra.

We also reject plaintiffs' argument that listing intrafamilial child abuse or neglect on the central registry tends to disrupt a family rather than to preserve it, and that, therefore, it violates the purposes of the Code set forth in § 19-1-102. It is the act of child abuse or neglect itself that is damaging [818]*818to the family, not the listing of the report on the central registry.

Thus, we conclude that the report of intra-familial child abuse here is being maintained in a manner consistent with the Code.

B.

The plaintiffs also argue that the listing of a minor on the central registry violates the express purposes of the Code because it causes extreme emotional distress that is tantamount to child abuse. We are unpersuaded.

As previously discussed, the Child Protection Act of 1987(Act) serves both protective and remedial purposes by creating a complete central registry. There is nothing in the language of the Act to suggest that the General Assembly intended to exclude from the registry the names of minors who are perpetrators of child abuse and neglect simply because such listing may cause some emotional distress.

Furthermore, under § 19-3-808(4)(a) and (5), the county department of human services and the local law enforcement agency are given access to the central registry for the purpose of investigating reports of intrafami-lial child abuse or neglect. Thus, to exclude 'reports of child abuse perpetrated by minors from the central registry would undermine the investigative, protective, and remedial purposes of the Act.

The plain wording of the Act provides for no discretion in the listing of perpetrators on the central registry.

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12 P.3d 815, 2000 Colo. J. C.A.R. 2940, 2000 Colo. App. LEXIS 903, 2000 WL 675031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mg-ex-rel-mag-v-colorado-department-of-human-services-central-coloctapp-2000.