Critical Analysis of Colorado House Bill 25-1188: Mandatory Reporters and Medical Abuse Expansion

Overview

House Bill 25-1188 proposes modifications to mandatory reporting laws in Colorado, based on recommendations from the Mandatory Reporter Task Force. The bill appears to address bias concerns in reporting but also expands the criteria for abuse, particularly medical abuse, which could enable CPS and APS to engage in “medical kidnapping” of children and vulnerable adults.

While some provisions of the bill attempt to prevent racial and economic bias in reporting, other sections dangerously broaden the state’s ability to seize children and disabled adults under vague definitions of abuse. Given existing concerns about false and exaggerated mandatory reports, this bill could worsen systemic issues by increasing government overreach while failing to create meaningful safeguards against wrongful removals.

Key Concerns & Analysis

  1. Expansion of Mandatory Reporting Powers Without Sufficient Safeguards
    • Reports must be filed within 24 hours (§19-3-304(1)(a)).
    • This eliminates the ability to verify facts or allow for reasonable judgment before a report is made.
    • Mandatory reporters may panic and overreport without context.
    • This could increase the number of unnecessary CPS interventions.
    • Mandatory reporters cannot delegate reporting duties (§19-3-304(3.3)(a)).
    • This prevents internal review or supervision within organizations before a report is made.
    • Even an uncertain or dubious suspicion must be reported immediately, increasing frivolous or malicious reports.
    • Entities employing mandatory reporters can create reporting protocols but cannot prevent reports (§19-3-304(3.3)(b)).
    • This means hospitals, schools, and agencies cannot intervene even if they know a report is false or exaggerated.

These changes promote volume over accuracy, which floods the system with unnecessary reports while diverting resources from legitimate abuse cases.

  1. Expansion of Medical Abuse: Facilitating “Medical Kidnapping”

One of the most concerning aspects is how the bill expands the definition of abuse, particularly medical abuse, which could facilitate state intervention in parental medical decisions.

  • “Medical Abuse” Provisions Are Not Clearly Defined
  • The bill does not specify what qualifies as medical neglect vs. a parent’s right to refuse treatment.
  • CPS and APS could accuse parents of medical abuse for:
  • Seeking second opinions.
  • Disagreeing with a doctor’s diagnosis.
  • Refusing psychotropic medications for their child.
  • Pursuing alternative treatments.
  • Targeting Children with Disabilities and Complex Medical Needs
  • The bill makes it easier for CPS to remove medically complex children under the pretense of abuse.
  • Hospitals and medical institutions have financial incentives to label parents as abusive and transfer children to state-controlled care.
  • Disabled adults under APS oversight could also be forcibly removed from family care.
  • Federal Funding Incentives for State Custody
  • Children and disabled adults placed in state residential facilities qualify for higher federal reimbursement rates.
  • Medical Kidnapping Cases Are Already Happening:
  • Hospitals have reported parents for abuse after seeking second opinions, leading to state custody removals.
  • APS has removed disabled adults from families under questionable medical neglect claims.

By expanding “medical abuse” criteria, the bill opens the door for more cases of government intervention in private medical decisions.

  1. Racial and Socioeconomic Bias in Mandatory Reporting

The bill acknowledges the problem of bias but fails to create enforcement mechanisms to prevent it.

  • Prohibits reports based solely on race, ethnicity, or socioeconomic status (§19-3-304(3.2)).
  • This acknowledges a real issue: low-income and minority families are disproportionately reported.
  • However, no enforcement mechanism exists to penalize malicious or racially biased reports.
  • Does Not Address Retaliatory or False Reports
  • No penalties for false reporting.
  • No penalties for weaponizing CPS for personal disputes (e.g., divorces, custody battles, school conflicts).

This lip-service to bias concerns does not actually prevent wrongful investigations, it merely states that race and poverty cannot be the sole factor—without requiring any proof.

  1. Reduces Legal Protections for Families
  • Allows reports to be used as evidence in court without cross-examination (§19-3-307(4)).
  • Families cannot challenge the validity of reports in legal proceedings.
  • The bill makes it easier for hearsay reports to be admitted in court against parents.
  • Does Not Require Independent Review of CPS Actions
  • No external oversight exists for CPS decisions.
  • Families have no recourse if they are wrongly investigated.

The lack of due process protections makes this bill even more dangerous for families facing false accusations.

Conclusion: Does HB25-1188 Improve the System? — No.

This bill worsens existing problems by:

  1. Expanding mandatory reporting requirements without quality control, leading to more false, exaggerated, or unnecessary reports.
  2. Creating a vague definition of medical abuse, which CPS and APS can exploit to justify state custody removals.
  3. Failing to establish safeguards against racial, economic, and disability-based discrimination in reporting.
  4. Ignoring the issue of false or retaliatory reports, which remain a major problem.
  5. Increasing the power of state intervention in parental medical decisions, raising concerns about medical kidnapping.

Final Recommendation

🔴 Oppose HB25-1188 or Demand Major Amendments

Without major revisions, this bill will increase government overreach, worsen medical abuse claims, and create more wrongful CPS and APS interventions. Instead of protecting children and vulnerable adults, it expands a system that is already prone to corruption, bias, and financial incentives for wrongful removals.

🔹 Proposed Amendments:

  • Create Penalties for False or Retaliatory Reports (e.g., fines, criminal charges for malicious reporting).
  • Require Evidence Before Medical Abuse Claims Can Lead to Removal.
  • Allow Parents to Challenge CPS Findings Before Removal Occurs.
  • Implement Independent Review Boards for CPS and APS Cases.
  • Provide Legal Recourse for Families Wrongly Investigated.

Until these safeguards are in place, HB25-1188 is a serious risk to parental rights, weaponizing CPS, medical freedom, and due process.