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§ 19-3-801. Legislative declaration

CO Rev Stat § 19-3-801 (2018) (N/A)
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(1) The general assembly has a strong interest in the practices, standards, and safeguards surrounding county employees in the child welfare system who have an open involvement with a child related to suspected assault or child abuse or neglect that is documented through digital imagery.

(2) The general assembly finds that there is a need to balance the policies and practices used in documenting suspected child abuse or neglect through digital imagery with the need to protect the privacy rights of children and parents.

(3) Due to advances in technology and in digital imagery, it is important to evaluate whether the current statutes, rules, and practices relating to the collection and storage of digital images of children that document suspected child abuse or neglect are handled in ways that ensure the privacy, safety, and protection of children.

(4) In addition, there is a need to ensure there is adequate guidance about the security and confidentiality of evidence that might be obtained in documentation of suspected child abuse or neglect, including the taking and storage of digital images of children and encouraging collaboration between county employees, law enforcement, medical personnel, and other agencies legally authorized in the investigation of abuse and neglect of children. While the general assembly acknowledges that some parents may have concerns about any photographs or digital images being taken of their children, the general assembly finds that documentation of abuse or neglect is important to protect children and that all photographs and digital images taken of children should be safeguarded and remain confidential as required by law.

(5) The general assembly recognizes the importance of establishing clear standards to achieve consistent practices in documenting evidence of abuse or neglect, the need to periodically review whether laws, rules, and practices regarding the collection of digital images of children by government employees need to be updated to reflect changes in technologies and emerging technologies, and the importance of encouraging collaboration between government employees, medical personnel, and any other agencies legally authorized in the investigation of child abuse or neglect.

(6) Therefore, the general assembly finds that it would be valuable to create a task force of persons with experience in or knowledge of the child welfare policy system to examine the current policies and statutes governing the collection and security of digital images of evidence of child abuse or neglect, study best practices on collecting and securing digital images of evidence of child abuse or neglect, study the best practices for documenting evidence of abuse or neglect or the absence of evidence of abuse or neglect in areas visible or not visible in plain sight on the child and private areas of a child, and make recommendations to the executive branch and general assembly on administrative and legislative changes to improve the collecting and securing of digital images of evidence of suspected child abuse or neglect.

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§ 19-3-801. Legislative declaration