Child abuse and neglect are defined by both Federal and State statutes. Federal legislation provides minimum standards for the definition of child abuse and neglect that States must incorporate in their statutory definitions.

Child abuse and neglect are determined to be present when any act or failure to act on the part of the parent or caretaker results in death, physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm to the child.

Sexual Abuse:

The employment, use persuasion, inducement, enticement or coercion of any child to engage in or assist any other person to engage in any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such gratification. Colorado includes the production of child pornography and child prostitution in the Children's Code.

Physical Abuse:

Non-accidental injury to a child which can include striking, kicking, burning or biting. The injury must physically impair the child and/or leave marks on the child.

Substance Abuse:

• Manufacture of a controlled substance in the presence of a child or on the premises occupied by a child.
• Allowing a child to be present where the chemicals or equipment for the manufacture of controlled substances are used or stored.
• Selling or distributing drugs or alcohol to a child.
• Use of a controlled substance so that the caretaker's ability is impaired to adequately take care of the child.
• Exposure of a child to drug paraphernalia, sale or distribution of drugs or other drug-related activity.

Neglect:

Neglect is defined in terms of adequate food, clothing and shelter. Medical care is also included in the definition. A parent is found neglectful if they are able to provide for a child's needs but do not do so.

WHO MUST REPORT CHILD ABUSE/NEGLECT:

• All medical personnel including dental hygienists, hospital personnel, admission personnel and pharmacists.
• Public or private school officials or employees, workers in any facility or agency that is licensed or certified as an education facility.
• Social workers, Christian Science practitioners, mental health professionals and psychologists.
• Veterinarians, peace officers, firefighters and victim advocates.
• All licensed counselors, including family therapists, marriage counselors and unlicensed psychotherapists.
• Clergy members: priests, rabbis, licensed ministers of a church or recognized leaders of a church/religious body.
• Workers with the State Department of Human Services and registered dieticians.
• When you have reasonable cause to know or suspect that a child has been abused or is being neglected.
• When you have observed a child being subjected to conditions which would result in abuse or neglect.
• Commercial film and print processors must report when, within the scope of their professional capacities or employment, they have knowledge of or observed any film, photograph, videotape, negative or slide depicting a child engaged in an act of sexual conduct.