Colorado § 19-2.5-1507 - Facilities - control and restraint - liability - duty to pursue runaways.

§ 19-2.5-1507. Facilities - control and restraint - liability - duty to pursue runaways.

(1) Any facility that houses or provides nonresidential services to adjudicated juveniles pursuant to this article 2.5, whether publicly or privately operated, for short-term or long-term commitment or detention is authorized to respond in a reasonable manner to issues of control and restraint of adjudicated juveniles when necessary. Each facility or program shall establish clearly defined policies and procedures for the short-term restraint and control of adjudicated juveniles housed within the facility or receiving services in the nonresidential program.

(2) Any facility that houses or provides nonresidential services to adjudicated juveniles pursuant to this article 2.5 and any person employed by the facility or program is not liable for damages arising from acts committed in the good-faith implementation of this section; except that the facility or program and any person employed by the facility or program may be liable for acts that are committed in a willful and wanton manner.

(3) Any facility that houses adjudicated juveniles pursuant to this article 2.5 has a duty to notify the court and the local law enforcement agency as soon as possible after discovering that an adjudicated juvenile housed at the facility has run away.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 694, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-404 as it existed prior to 2021.

ANNOTATION

Annotator's note. Since § 19-2.5-1507 is similar to § 19-2-404 as it existed prior to the 2021 amendments relocating repealed article 2 of title 19 to this article 2.5, a relevant case decided under that provision has been included in the annotations to this section.

The immunity provided in subsection (2) applies only to actions committed in the good faith implementation of this section. Gilmore v. Concerned Parents of Pueblo, 28 P.3d 963 (Colo. App. 2000), aff'd on other grounds, 47 P.3d 311 (Colo. 2002).

Where the defendant neither alleged nor presented any evidence indicating that the juvenile had been "adjudicated", the immunity provided in subsection (2) does not apply. Gilmore v. Concerned Parents of Pueblo, 28 P.3d 963 (Colo. App. 2000), aff'd on other grounds, 47 P.3d 311 (Colo. 2002).