Watso v. Colorado Department of Social Services

841 P.2d 299, 16 Brief Times Rptr. 1886, 1992 Colo. LEXIS 1106, 1992 WL 345830
CourtSupreme Court of Colorado
DecidedNovember 23, 1992
Docket91SA456
StatusPublished
Cited by62 cases

This text of 841 P.2d 299 (Watso v. Colorado Department of Social Services) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watso v. Colorado Department of Social Services, 841 P.2d 299, 16 Brief Times Rptr. 1886, 1992 Colo. LEXIS 1106, 1992 WL 345830 (Colo. 1992).

Opinion

Justice KIRSHBAUM

delivered the Opinion of the Court.

Appellants, Jack M. Watso, Clark Gabriel, Michael Hannah, Sr., Irwin Zook, Edward T. Urias, Laura E. Dickerson, and Dennis C. Whitcomb (hereafter collectively referred to as the appellants), 1 appeal the trial court’s order granting a motion for summary judgment filed by appellee, the Colorado Department of Social Services (the Department), in this civil action for declaratory and injunctive relief. 2 The trial *302 court concluded that, contrary to the appellants’ allegations, certain provisions of the Child Protection Act of 1987 (the Act), §§ 19-3-301 to -316, 8B C.R.S. (1988 Supp.), 3 did not violate federal or state constitutional guarantees of procedural due process of law and were not unconstitutionally vague. We affirm the trial court’s judgment.

I

The appellants filed a civil action against the Department on July 1, 1988, seeking a declaration that the Act deprived them of rights protected by the due process clauses of the United States 4 and Colorado 5 Constitutions and requesting an injunction prohibiting enforcement of its provisions by the Director of the Department (the director). The parties submitted the following pertinent stipulated facts in the course of the proceedings.

Each named appellant was at some time listed on the Central Registry for Child Protection (the registry) as a perpetrator of sexual or physical abuse of a child as the result of a report made to a county department of social services or a local law enforcement agency. 6 With the exception of Watso and Urias, each appellant’s name was ultimately expunged from the registry. 7 Although no criminal charges were filed against Watso, an administrative law judge found substantial evidence that Wat-so had sexually assaulted and physically abused his adopted daughter. The administrative law judge affirmed the director’s decision not to expunge the report from the registry. Urias requested the director to expunge a report that Urias had repeatedly sexually assaulted Urias’ niece and did not seek administrative review of the director’s denial of that request.

Dickerson’s name appeared on the registry as the result of a report that she had physically abused her daughter. Criminal charges against Dickerson were dismissed and the registry report was expunged prior to an administrative hearing. Gabriel’s name appeared on the registry as the result of a report by his step-daughter that he had sexually abused her. The director expunged the report from the registry pri- or to an administrative hearing.

Hannah’s name was placed on the registry as the result of a report of sexual abuse on a child stemming from allegations made by Hannah’s mother-in-law. 8 Criminal charges filed against Hannah were later dismissed prior to trial and Hannah’s name was expunged from the registry. Zook’s name appeared on the registry as a result of a report of his conduct with respect to a teenage boy. An administrative law judge determined that the conduct constituted appropriate father/son activity in view of Zook’s religious and cultural background and ordered the report expunged from the registry.

The stipulation of facts contains a statement by Whitcomb that his name was *303 placed on the registry in 1985 “based on reports that he bathed with his daughters ... and had sexually explicit material in his home” and the Department’s statement that “the report was based on allegations that Mr. Whitcomb had his daughters present during intercourse with his wife and on his daughters' statements that they were sexually abused by their father.” Criminal abuse charges against Whitcomb and a dependency and neglect proceeding in which he was involved were dismissed, and the report was ultimately expunged from the registry because all parties felt that it was in the best interests of the children not to proceed to hearing.

On the basis of these stipulated facts, the appellants filed a brief with the trial court supporting their argument that the Act violated constitutional standards and the Department filed a motion for summary judgment. The trial court granted the Department’s motion. The trial court concluded that the appellants failed to establish any constitutionally cognizable property interests, but that some of them had established protected liberty interests. The trial court also determined that the Act did not unduly restrict those liberty interests and that the Act was not unconstitutionally vague. The appellants have appealed the trial court’s judgment.

II

Resolution of the issues raised by the appellants requires examination of several sections of the Act and relevant regulations adopted by the Department. In general, the Act establishes “a state central registry of child protection in the [Department] for the purpose of maintaining a registry of information concerning each case of confirmed child abuse reported [pursuant to the Act]_” 9 § 19-3-313(1), 8B C.R.S. (1988 Supp.). It identifies persons who are required to or who may report or cause a report to be made of known or suspected child abuse or neglect if such person “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 which would reasonably result in abuse or neglect.” § 19-3-304(l)-(3), 8B C.R.S. (1988 Supp.). The reports are to be made “immediately” to a county department of social services or a local law enforcement agency, id., to be followed “promptly by a written report prepared by those persons required to report.” § 19-3-307(1), 8B C.R.S. (1988 Supp.).

The county department must “make a thorough investigation immediately upon receipt” of a required report, the immediate concern of which “shall be the protection of the child.” § 19-3-308(1), 8B C.R.S. (1988 Supp.). The county department must forward a copy of its own report of “confirmed” child abuse or neglect to the registry within sixty days of the receipt of the initial report. § 19-3-307(1), 8B C.R.S. *304 (1988 Supp.). The Act contains the following definition of the term “confirmed”:

“Confirmed” means that credible evidence exists to support that child abuse or neglect did occur.

§ 19-3-303(2.5), 8B C.R.S. (1988 Supp.).

If a local law,, enforcement agency receives a report of a known or suspected incident of child abuse or neglect, it is required to forthwith attempt to contact the county department of social services and refer the case to that agency for investigation. § 19-3-308(5), 8B C.R.S. (1988 Supp.).

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Bluebook (online)
841 P.2d 299, 16 Brief Times Rptr. 1886, 1992 Colo. LEXIS 1106, 1992 WL 345830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watso-v-colorado-department-of-social-services-colo-1992.