Colorado § 19-1-305 - Operation of juvenile facilities.

§ 19-1-305. Operation of juvenile facilities.

(1) Except as otherwise authorized by section 19-1-303 or 19-1-304 (8), all records prepared or obtained by the department of human services in the course of carrying out its duties pursuant to article 2.5 of this title 19 are confidential and privileged. The records may be disclosed only:

(a) To the parents, legal guardian, legal custodian, attorney for the juvenile, district attorney, guardian ad litem, counsel for youth, law enforcement official, and probation officer;

(b) In communications between appropriate personnel in the course of providing services or in order to facilitate appropriate referrals for services;

(c) To the extent necessary to make application for or to make claims on behalf of the juvenile who is eligible to receive aid, insurance, federal or state assistance, or medical assistance;

(d) To the court as necessary for the administration of the provisions of article 2.5 of this title;

(e) To persons authorized by court order after notice and a hearing, to the juvenile, and to the custodian of the record; and

(f) For research or evaluation purposes pursuant to rules regarding research or evaluation promulgated by the department of human services. Any rules so promulgated shall require that persons receiving information for research or evaluation purposes are required to keep such information confidential.

(g) Repealed.

(2) Nothing in this section shall be construed to limit the effect of any other provision of this part 3 which requires the confidentiality of records under the control of the department of human services.

Source: L. 96: Entire part added with relocations, p. 1163, § 6, effective January 1, 1997. L. 98, 2nd Ex. Sess.: (1)(e) and (1)(f) amended and (1)(g) added, p. 7, § 3, effective September 16. L. 99: (1)(g) amended, p. 1317, § 4, effective August 4. L. 2015: IP(1) amended, (HB 15-1131), ch. 164, p. 499, § 1, effective May 8. L. 2021: IP(1) amended, (SB 21-059), ch. 136, p. 729, § 70, effective October 1. L. 2022: (1)(d) amended, (SB 22-212), ch. 421, p. 2972, § 37, effective August 10; (1)(a) amended, (HB 22-1038), ch. 92, p. 440, § 19, effective January 9, 2023. L. 2024: (1)(e) and (1)(f) amended and (1)(g) repealed, (SB 24-228), ch. 170, p. 899, § 7, effective May 14.

Editor's note: This section was formerly numbered as 19-2-1104.5.

Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.