§ 25-20.5-408 — Access to records

Colorado § 25-20.5-408

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Prevention, Intervention, and Treatment

Text

(1) Review team access to records. (a)
Notwithstanding any other state law to the contrary but subject to the
requirements of applicable provisions of federal law, the state review team and the
local or regional review teams have access to all records and information in the
possession of the state department of human services and the county departments
of human or social services that are relevant to the review of a child fatality,
including records and information related to previous reports and investigations of
suspected child abuse or neglect.

(b) Except as otherwise provided in paragraph (c) of this subsection (1),
notwithstanding any other state law to the contrary, but subject to the
requirements of applicable provisions of federal law, the state review team and the
local or regional review teams shall have access to all other records and
information that are relevant to a review of a child fatality and that are in the
possession of a state or local governmental agency. These records include, but are
not limited to, birth certificates, records of coroner or medical examiner
investigations, and records of the department of corrections.

(c) Treatment records for behavioral, mental health, or substance use
disorders may be accessed only with the written consent of appropriate parties in
accordance with applicable federal and state law.

(2) Public access to records and information. (a) Open meetings. Meetings
of the state review team and local or regional review teams shall be subject to the
provisions of section 24-6-402, C.R.S.

(b) Confidentiality. Each member of the state review team, each member of
a local or regional review team, and each invited participant at a meeting shall sign
a statement indicating an understanding of and adherence to confidentiality
requirements. A person who knowingly violates confidentiality requirements
commits a petty offense and, upon conviction, shall be punished as provided in
section 18-1.3-503.

(c) Release of information. (I) Members of the state review team, members
of the local or regional review teams, a person who attends a review team meeting,
and a person who presents information to a review team may release information to
governmental agencies as necessary to fulfill the requirements of this part 4,
including section 25-20.5-405 (2)(d) and section 19-3.3-103.4 (1)(b).

(II) Members of the state review team, members of the local or regional
review teams, a person who attends a review team meeting, and a person who
presents information to a review team shall not be subject to examination, in any
civil or criminal proceeding, concerning information presented to members of the
review team or opinions formed by the review team based on that information. A
person may, however, be examined concerning information reviewed by the state
review team or a local or regional review team that is otherwise available to the
public or that is required to be revealed by that person in another official capacity.

(III) Information, documents, and records of the state review team and the
local or regional review teams shall not be subject to subpoena, discovery, or
introduction into evidence in any civil or criminal proceeding; except that
information, documents, and records that would otherwise be available from a
person serving on the state review team or a local or regional review team or that
would otherwise be required to be revealed by law shall not be immune from
subpoena, discovery, or introduction into evidence solely because the information
was presented at or became available due to a proceeding of the state review team
or a local or regional review team.

(IV) Information received by the state review team or a local or regional
review team that contains information exculpatory to a person charged with a
criminal offense shall be subject to release pursuant to the rules of criminal
procedure.

Legislative History

Source: L. 2005: Entire part added, p. 981, � 1, effective June 2. L. 2013: Entire section amended, (SB 13-255), ch. 222, p. 1036, � 8, effective May 14. L. 2017: (1)(c) amended, (SB 17-242), ch. 263, p. 1326, � 196, effective May 25. L. 2018: (1)(a) amended, (SB 18-092), ch. 38, p. 442, � 105, effective August 8. L. 2021: (2)(c)(I) amended, (HB 21-1272), ch. 324, p. 1986, � 3, effective June 24; (2)(b) amended, (SB 21-271), ch. 462, p. 3240, � 477, effective March 1, 2022. L. 2025: (2)(c)(I) amended, (HB 25-1200), ch. 270, p. 1397, � 9, effective August 6.