The Laws That Should Protect Our Children
Current Civil SOL in a nutshell
SOL vs. perp: +6 years from majority = Age 20 SOL vs. employer: +2 years from majority = Age 24
Majority Tolling: √ Age 18 Discovery Tolling: √ Liberal
- +6 years from majority versus perp. only Colo.Rev.Stat. 13-80-103.7(1)
a. BUT SEE, after +15 Years: Plaintiff may only recover damages for medical and counseling treatment and expenses, plus costs and attorney fees. Colo. Rev. Stat. §13-80-103.7(3.5(c)).
- +2 years for most claims vs. employers. Colo.Rev.Stat. 13-80-102 (1)(a); (1)(h); Sandoval v. Archdiocese of Denver, 8 P.3d 598 (Colo. Ct. App. 2000)
a. Colo.Rev.Stat. 13-80-102 (1)(a). “Tort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract;”
b. Colo.Rev.Stat. 13-80-102(1) (h) All actions against any public or governmental entity or any employee of a public or governmental entity, except as otherwise provided in this section or section 13-80-103;
- +3 years for breach of fiduciary duty. Colo. Rev. Stat. § 13-80-101(1)(f).
- Discovery, yes, liberal
a. Sailsbery v. Parks, 983 P.2d 137, 138 (Colo. Ct. App. 1999) (“Section 13-80-108, Colo. Rev. Stat. 1998, provides that a cause of action accrues on the date ‘both the injury and its cause are known or should have been known by the exercise of reasonable diligence.’”);
- Majority, yes. Colo. Rev. Stat. 13-80-103.7(a); Sandoval v. Archdiocese of Denver, 8 P.3d 598 (Colo. Ct. App. 2000)
Current Criminal SOL in a nutshell
Colo.Rev.Stat. 16-5-401(1) (a) (“Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:
Murder, kidnapping, treason, any sex offense against child, and any forgery regardless of the penalty provided:No limit
Attempt, conspiracy, or solicitation to commit murder; attempt, conspiracy, or solicitation to commit kidnapping; attempt, conspiracy, or solicitation to commit treason; attempt conspiracy, or solicitation to commit any sex offense against a child; and attempt, conspiracy, or solicitation to commit any forgery regardless of the penalty provided:No limit.”)
Age of Majority / Age of Consent / Age of Marriage
Age of Majority: 18. See, Colo. Rev. Stat. Ann. § 13-22-101.
Age of Consent: 17. See, Colo. Rev. Stat. Ann. § 18-3-402.
Age of Marriage with Parental Consent: 16 (under 16 with judicial consent).
Age of Marriage without Parental Consent: 18.
See, Colo. Rev. Stat. Ann. § 14-2-106.
Medical Neglect Statute
CIVIL MEDICAL NEGLECT STATUTE
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 handicap or 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 purpose of this article and injured or endan¬gered 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 treat¬ment are generally recognized as reimbursable health care expen¬ses 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.
Colorado Revised Statutes §19-3-103
CRIMINAL MEDICAL NEGLECT STATUTE
COLORADO defense to nonsupport No child shall be deemed to lack proper care for the sole reason that he is being provided remedial treatment in accordance with section 19-3-103, CRS. Colorado Revised Statutes §14-6-101
Note: Sec. 19-3-103 is a civil statute with a religious exemption.
Religous Liberty Statute
Religious liberty statute that could put children at risk
2015 Pending Bills
State Freedom Of Conscience Protection Act (H.B. 1171)
A bill to prohibit public institutions of higher education from denying a religious student group a benefit solely based on the group’s requirement that its leaders adhere to religious beliefs or a standard of conduct (H.B. 1037)
View Bill [PDF Document]