§ 19-3-103 — Child not neglected - when

Colorado § 19-3-103

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Dependency and Neglect

Text

(1) No child who in lieu of medical
treatment is under treatment solely by spiritual means through prayer in
accordance with a recognized method of religious healing shall, for that reason
alone, be considered to have been neglected or dependent within the purview of
this article. However, the religious rights of a parent, guardian, or legal custodian
shall not limit the access of a child to medical care in a life-threatening situation or
when the condition will result in serious disability. In order to make a determination
as to whether the child is in a life-threatening situation or that the child's condition
will result in serious disability, the court may, as provided under section 19-1-104 (3),
order a medical evaluation of the child. If the court determines, on the basis of any
relevant evidence before the court, including the medical evaluation ordered
pursuant to this section, that the child is in a life-threatening situation or that the
child's condition will result in serious disability, the court may, as provided under
section 19-1-104 (3), order that medical treatment be provided for the child. A child
whose parent, guardian, or legal custodian inhibits or interferes with the provision
of medical treatment in accordance with a court order shall be considered to have
been neglected or dependent for the purposes of this article and injured or
endangered for the purposes of section 18-6-401, C.R.S.

(2) A method of religious healing shall be presumed to be a recognized
method of religious healing if:

(a) (I) Fees and expenses incurred in connection with such treatment are
permitted to be deducted from taxable income as medical expenses pursuant to
regulations or rules promulgated by the United States internal revenue service; and

(II) Fees and expenses incurred in connection with such treatment are
generally recognized as reimbursable health-care expenses under medical policies
of insurance issued by insurers licensed by this state; or

(b) Such treatment provides a rate of success in maintaining health and
treating disease or injury that is equivalent to that of medical treatment.

(3) Refusing an immunization on the grounds of medical, religious, or
personal belief considerations, as set forth in section 25-4-903, or opting to
exclude immunization notification information from the immunization tracking
system established in section 25-4-2403 (7) by itself does not constitute child
abuse or neglect by a parent or legal guardian for the purposes of this article 3.

(4) (a) A person who performs or has performed an action that is lawful
pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44 does
not constitute child abuse or neglect by a parent or legal guardian for purposes of
this article 3, unless it threatens the health or welfare of a child.

(b) The court shall not restrict or prohibit family time, or determine that
family time is not in the child's best interests, based solely on the fact that a person
performs or has performed an action that is lawful pursuant to section 18-18-434,
article 170 of title 12, or article 50 of title 44, unless the court finds that the child's
safety or mental, emotional, or physical health is at risk as a result of the family
time.

Legislative History

Source: L. 87: Entire title R&RE, p. 760, � 1, effective October 1. L. 89: Entire section amended, p. 924, � 1, effective June 7. L. 92: Entire section amended, p. 174, � 2, effective April 16. L. 93: (1) amended, p. 1637, � 23, effective July 1. L. 2020: (3) added, (HB 20-1297), ch. 264, p. 1266, � 1, effective September 14. L. 2023: (4) added, (SB 23-290), ch. 249, p. 1420, � 37, effective July 1.