July 9, 2020
By Michael Karlik
Two separate panels of the Colorado Court of Appeals both concluded that the statute of limitations for failing to report child abuse begins when a party who is required to report first learns of the abuse and does not immediately notify authorities.
“In the absence of clear legislative intent, we must conclude that failure to report is not a continuing offense,” wrote Judge Jaclyn Casey Brown, “and that the statute of limitations begins to run when a mandatory reporter has reason to know or suspect child abuse or neglect but willfully fails to make an immediate report.”
18th Judicial District Attorney George Brauchler, whose office brought the charges, said on Thursday he was frustrated that two former school employees in the Cherry Creek School District would face no legal consequences for allegedly talking a minor out of her sex assault accusation.
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