Brubaker v. Colorado Sun.

2026 CO 18. No. 23SC927. Public Records—Colorado Open Records Act—Children’s Code—Dependency and Neglect Records and Information—Reports of Child Abuse or Neglect—CRS § 19-1-307(1)(a)—CRS §§ 24-72-201 to -230—Peck v. McCann.

March 30, 2026

Two media organizations requested information from the Colorado Department of Human Services (CDHS) pursuant to the Colorado Open Records Act (CORA), CRS §§ 24-72-200.1 to -205.5. Specifically, they sought (1) the total number of reports of child abuse or neglect made to local child welfare authorities from each of three state-funded residential child care facilities (RCCFs) over a three-year period, and (2) the number of those reports at each facility that were screened for investigation. CDHS responded that it was precluded from disclosing that information pursuant to CRS § 19-1-307(1)(a) of the Colorado Children’s Code Records and Information Act. In particular, CDHS contended that providing the requested information for each of the RCCFs would disclose the “address of any child, family, or informant” contained in a report of child abuse or neglect, or, alternatively, would confirm that such a report originated from an RCCF’s specific address. Because CDHS failed to satisfy its burden of demonstrating that the cardinal numbers requested constitute a “report[] of child abuse or neglect,” or the “name,” “address,” or “any other identifying information” of a child, family, or informant contained in such a report, the court concluded that CDHS must disclose those cardinal numbers to the media organizations. § 19-1-307(1)(a). A division of the court of appeals had remanded the case to the district court for factual findings instead of ordering the disclosure of the six requested cardinal numbers. Accordingly, the division’s judgment was reversed, and the case was remanded to the division with instructions to return it to the district court for further proceedings.