NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 11-034
      
      
      BY SENATOR(S) Nicholson, Aguilar, Bacon, Boyd, Giron, Guzman,
      Heath, Hudak, Jahn, Johnston, Morse, Newell, Schwartz, Shaffer B.,
      Steadman, Tochtrop, Williams S., Foster, Hodge, King S.;
      also REPRESENTATIVE(S) Summers, Casso, Conti, Duran, Kefalas,
      Labuda, Massey, Pabon, Pace, Ryden, Schafer S., Todd, Vigil, Wilson,
      Fields.
      
      
      Concerning requiring an educator who provides services through
           the women, infants, and children program to report child
           abuse or neglect.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  19-3-304 (2), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           19-3-304.  Persons required to report child abuse or neglect.
      (2)  Persons required to report such abuse or neglect or circumstances or
      conditions shall include any:
      
           (hh)  Educator providing services through a federal special
      supplemental nutrition program for women, infants, and children,
      as provided for in 42 U.S.C. sec. 1786.
      
           SECTION 2.  The introductory portion to 19-1-307 (2) (e.5) (I),
      19-1-307 (2) (e.5) (I) (L) and (2) (e.5) (I) (M), Colorado Revised Statutes,
      are amended, and the said 19-1-307 (2) (e.5) (I) is further amended BY
      THE ADDITION OF A NEW SUB-SUBPARAGRAPH, to read:
      
           19-1-307.  Dependency and neglect records and information -
      access - fee - rules - records and reports fund - misuse of information
      - penalty.  (2)  Records and reports - access to certain persons -
      agencies.  Except as otherwise provided in section 19-1-303, only the
      following persons or agencies shall be given access to child abuse or
      neglect records and reports:
      
           (e.5) (I)  A mandatory reporter specified in this subparagraph (I) who
      is and continues to be officially and professionally involved in the ongoing
      care of the child who was the subject of the report, but only with regard to
      information that the mandatory reporter has a need to know in order to
      fulfill his or her professional and official role in maintaining the child's
      safety.  A county department may shall request written affirmation from
      a mandatory reporter stating that the reporter continues to be officially and
      professionally involved in the ongoing care of the child who was the subject
      of the report and describing the nature of the involvement, unless the
      county department has actual knowledge that the mandatory
      reporter continues to be officially and professionally involved
      in the ongoing care of the child who was the subject of the report. 
      This subparagraph (I) shall apply to:
      
           (L)  Victim's advocates, as defined in section 13-90-107 (1) (k) (II),
      C.R.S.; and
      
           (M)  Clergy members, as defined in section 19-3-304 (2) (aa) (III);
      and
      
           (N)  Educators providing services through a federal special
      supplemental nutrition program for women, infants, and children,
      as provided for in 42 U.S.C. sec. 1786.
      
           SECTION 3.  Act subject to petition - effective date.  This act
      shall take effect January 1, 2012; except that, if a referendum petition is
      filed pursuant to section 1 (3) of article V of the state constitution against
      this act or an item, section, or part of this act within the ninety-day period
      after final adjournment of the general assembly, then the act, item, section,
      or part shall not take effect unless approved by the people at the general
      election to be held in November 2012 and shall take effect on January 1,
      2013, or on the date of the official declaration of the vote thereon by the
      governor, whichever is later.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO