Mandatory Reporting of Abuse, Neglect, and Exploitation of At-Risk Adults (C.R.S. 18-6.5-101 et seq.)
Colorado protects adults under the at-risk adult statutes in Title 18, Article 6.5, not under the child protection code. Exam items test the categories of protected adults, the expanded list of reportable harm (especially financial exploitation), and how adult self-determination interacts with the reporting duty.
Who is protected
- At-risk adult: a person 18 or older with an intellectual or developmental disability, or with a disability that affects the person's ability to protect themselves.
- At-risk elder: a person 70 years of age or older. A diagnosis is not required to trigger the duty, and a protected adult's refusal of services does not cancel the report.
What must be reported
Physical abuse, sexual abuse, caretaker neglect, self-neglect, and exploitation - including financial exploitation such as misuse of funds, forgery, undue influence, coerced property transfers, or a caretaker appropriating benefits. Social workers are enumerated mandatory reporters.
How and where
- Report immediately to the county department of human services (adult protective services) or to law enforcement; a written report follows within 48 hours if requested.
- The reporter provides observations and facts, not conclusions; APS determines whether mistreatment occurred.
- Good-faith reporters have immunity, and confidentiality does not override the duty.
Self-determination
An adult with capacity may decline services. That is a reason for careful assessment and documentation, not for withholding the report. Where the adult lacks capacity or is in imminent danger, escalate to APS and law enforcement and consider guardianship or protective options.
Worked example
A clinic LCSW sees a 74-year-old client with early dementia. The daughter manages the finances; utility shutoff notices are arriving while the daughter has a new car titled in her name. Reasoning: this is an at-risk elder and suspected financial exploitation. The clinician reports immediately to the county APS office or law enforcement, documents the specific observations and dates, does not confront the daughter or warn her in advance, and continues safety planning with the client. A report is not an accusation or a determination.
Traps
Thinking a capacitated client can veto the report; treating self-neglect as a lifestyle choice outside the statute; applying child timelines and terminology to adult cases; missing the age 70 elder threshold; confusing financial exploitation with ordinary family financial help; omitting documentation of the report.