(1) (a) On and after July 1, 2016, a
person specified in paragraph (b) of this subsection (1) who observes the
mistreatment of an at-risk elder or an at-risk adult with IDD, or who has reasonable
cause to believe that an at-risk elder or an at-risk adult with IDD has been
mistreated or is at imminent risk of mistreatment, shall report such fact to a law
enforcement agency not more than twenty-four hours after making the observation
or discovery.
(b) The following persons, whether paid or unpaid, shall report as required by
subsection (1)(a) of this section:
(I) Any person providing health care or health-care-related services,
including general medical, surgical, or nursing services; medical, surgical, or
nursing speciality services; dental services; vision services; pharmacy services;
chiropractic services; naturopathic medicine services; or physical, occupational,
musical, or other therapies;
(II) Hospital and long-term care facility personnel engaged in the admission,
care, or treatment of patients;
(III) First responders including emergency medical service providers, fire
protection personnel, law enforcement officers, and persons employed by,
contracting with, or volunteering with any law enforcement agency, including victim
advocates;
(IV) Medical examiners and coroners;
(V) Code enforcement officers;
(VI) Veterinarians;
(VII) Psychologists, addiction counselors, professional counselors, marriage
and family therapists, and unlicensed psychotherapists, as those persons are
defined in article 245 of title 12;
(VIII) Social workers, as defined in part 4 of article 245 of title 12;
(IX) Staff of case management agencies, as defined in section 25.5-6-1702
(2);
(X) Staff, consultants, or independent contractors of service agencies as
defined in section 25.5-10-202 (34), C.R.S.;
(XI) Staff or consultants for a licensed or unlicensed, certified or uncertified,
care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers;
(XII) Staff of, or consultants for, a home care placement agency, as defined
in section 25-27.5-102 (5), C.R.S.;
(XIII) Persons performing case management or assistant services for at-risk
elders or at-risk adults with IDD;
(XIV) Staff of county departments of human or social services;
(XV) Staff of the state departments of human services, public health and
environment, or health care policy and financing;
(XVI) Staff of senior congregate centers or senior research or outreach
organizations;
(XVII) Staff, and staff of contracted providers, of area agencies on aging,
except attorneys at law providing legal assistance to individuals pursuant to a
contract with an area agency on aging, the staff of such attorneys at law, and the
long-term care ombudsmen;
(XVIII) Employees, contractors, and volunteers operating specialized
transportation services for at-risk elders and at-risk adults with IDD;
(XIX) Court-appointed guardians and conservators;
(XX) Personnel at schools serving persons in preschool through twelfth
grade;
(XXI) Clergy members; except that the reporting requirement described in
paragraph (a) of this subsection (1) does not apply to a person who acquires
reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has
been mistreated or has been exploited or is at imminent risk of mistreatment or
exploitation during a communication about which the person may not be examined
as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also
acquires such reasonable cause from a source other than such a communication;
and
(XXII) (A) Personnel of banks, savings and loan associations, credit unions,
and other lending or financial institutions who directly observe in person the
mistreatment of an at-risk elder or who have reasonable cause to believe that an at-risk elder has been mistreated or is at imminent risk of mistreatment; and
(B) Personnel of banks, savings and loan associations, credit unions, and
other lending or financial institutions who directly observe in person the
mistreatment of an at-risk adult with IDD or who have reasonable cause to believe
that an at-risk adult with IDD has been mistreated or is at imminent risk of
mistreatment by reason of actual knowledge of facts or circumstances indicating
the mistreatment.
(c) A person who willfully violates subsection (1)(a) of this section commits a
class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501.
(d) Notwithstanding the provisions of paragraph (a) of this subsection (1), a
person described in paragraph (b) of this subsection (1) is not required to report the
mistreatment of an at-risk elder or an at-risk adult with IDD if the person knows that
another person has already reported to a law enforcement agency the same
mistreatment that would have been the basis of the person's own report.
(2) (a) A law enforcement agency that receives a report of mistreatment of
an at-risk elder or an at-risk adult with IDD shall acquire, to the extent possible, the
following information from the person making the report:
(I) The name, age, address, and contact information of the at-risk elder or at-risk adult with IDD;
(II) The name, age, address, and contact information of the person making
the report;
(III) The name, age, address, and contact information of the caretaker of the
at-risk elder or at-risk adult with IDD, if any;
(IV) The name of the alleged perpetrator;
(V) The nature and extent of any injury, whether physical or financial, to the
at-risk elder or at-risk adult with IDD;
(VI) The nature and extent of the condition that required the report to be
made; and
(VII) Any other pertinent information.
(b) Not more than twenty-four hours after receiving a report of mistreatment
of an at-risk elder or an at-risk adult with IDD, a law enforcement agency shall
provide the report to the county department for the county in which the at-risk
elder or at-risk adult with IDD resides and the district attorney's office of the
location where the mistreatment occurred.
(c) The law enforcement agency shall complete a criminal investigation
when appropriate. The law enforcement agency shall provide a summary report of
the investigation to the county department for the county in which the at-risk elder
or at-risk adult with IDD resides and to the district attorney's office of the location
where the mistreatment occurred.
(3) A person, including but not limited to a person specified in paragraph (b)
of subsection (1) of this section, who reports mistreatment of an at-risk elder or an
at-risk adult with IDD to a law enforcement agency pursuant to subsection (1) of this
section is immune from suit and liability for damages in any civil action or criminal
prosecution if the report was made in good faith; except that such a person is not
immune if he or she is the alleged perpetrator of the mistreatment.
(4) A person, including but not limited to a person specified in subsection
(1)(b) of this section, who knowingly makes a false report of mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency commits a class
2 misdemeanor and must be punished as provided in section 18-1.3-501 and is liable
for damages proximately caused thereby.
(5) The reporting duty described in subsection (1) of this section does not
create a civil duty of care or establish a civil standard of care that is owed to an at-risk elder or an at-risk adult with IDD by a person specified in paragraph (b) of
subsection (1) of this section.