As of January 1, 2022, Colorado employers who provide services and programs to children should be aware of a new law, the Child Sex Abuse Accountability Act (CSAAA). The law is retroactive to 1960 and applies to any organization or manager of a youth program that knew or should have known there was a risk for misconduct that occurred while participating in a program managed by the organization. The law allows any person who was the victim of sexual misconduct when they were a minor to bring civil action.
Victims of sexual misconduct who were minors between January 1, 1960, and December 31, 2021, have until January 1, 2025, to initiate their claims. For misconduct occurring after January 1, 2022, the law abolishes the statute of limitations, meaning employers may not escape potential liability for misconduct against a minor that occurred on their watch after January 1, 2022. The CSAAA also makes any waiver of liability prior to an incident of misconduct void as against public policy.
The law applies to both private and government sector employers who operate or manage a youth program or activity. The law overrides any state law that would have precluded a private action, including the Colorado Governmental Immunity Act. Therefore, a claim may be brought against a government sector employee or agency or public school, as well as private and religious organizations that provide and manage childcare or youth programs.
Members that operate or manage any “youth-related activity or program,” need to be aware of this new law and continue to be vigilant in investigating and responding to any complaints of misconduct.
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