Colorado § 26.5-4-403 Background checks required

Colorado Statutes

§ 26.5-4-403 — Background checks required

Colorado·Title 26.5 Early·Art. Child Care and Education

(1)(a) A youth sports organization operating in the state of Colorado shall require all coaches to obtain, prior to starting work, a criminal history record check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681, et seq., and that discloses, at a minimum, sexual offenses and felony convictions and includes a social security number trace and a search of the Colorado judicial public records access system. The criminal history record check must ascertain to the extent possible whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401; a felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9); or a comparable offense committed in any other state.

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(1) (a) A youth sports
organization operating in the state of Colorado shall require all coaches to obtain,
prior to starting work, a criminal history record check by a private entity regulated
as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681, et seq., and that
discloses, at a minimum, sexual offenses and felony convictions and includes a
social security number trace and a search of the Colorado judicial public records
access system. The criminal history record check must ascertain to the extent
possible whether the person being investigated has been convicted of felony child
abuse as specified in section 18-6-401; a felony offense involving unlawful sexual
behavior, as defined in section 16-22-102 (9); or a comparable offense committed in
any other state.

(b) A youth sports organization shall not hire a coach if a criminal history
record check of the person performed pursuant to subsection (1)(a) of this section
shows that the person has been convicted of, pled nolo contendere to, or has
received a deferred sentence or deferred prosecution for felony child abuse as
specified in section 18-6-401; a felony offense involving unlawful sexual behavior,
as defined in section 16-22-102 (9); or any comparable offense committed in any
other state.

(2) A youth sports organization may rely on the results of a criminal history
record check when making hiring and employment decisions and is immune from
civil liability unless the youth sports organization knows the information is false or
acts with reckless disregard concerning the veracity of such information.

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