CO Code § 19-2.5-1532 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 15 - Facilities|§ 19-2.5-1532. Juveniles Committed to Department of Human Services - Transfers

  The executive director of the department of human services may transfer a juvenile committed pursuant to section 19-2.5-1127 or 19-2.5-1103 among the facilities established pursuant to sections 19-2.5-1502 and 19-2.5-1527 to 19-2.5-1529; except that, before the juvenile is transferred, the juvenile shall be examined and evaluated, and the executive director shall review the evaluation before approving the transfer.    When the executive director of the department of human services finds that the welfare and protection of a juvenile or of others requires the juvenile's immediate transfer to another facility, the executive director shall make the transfer prior to having the juvenile examined and evaluated.      A juvenile committed to the department of human services may be transferred temporarily to any state treatment facility for persons with behavioral or mental health disorders or intellectual and developmental disabilities for purposes of diagnosis, evaluation, and emergency treatment; except that a juvenile may not be transferred to a state treatment facility for persons with mental health disorders until the juvenile has received a mental health hospital placement prescreening resulting in a recommendation that the juvenile be placed in a facility for evaluation pursuant to section 27-65-105 or 27-65-106. A juvenile committed to the department of human services as an aggravated juvenile offender pursuant to section 19-2.5-1127 or violent juvenile offender pursuant to section 19-2.5-1126 (1)(c) must not be transferred until the treatment facility has a secure setting in which to house the juvenile. The period of temporary transfer pursuant to this subsection (3)(a) must not exceed sixty days.    When a juvenile has remained in the treatment facility for sixty days, the treatment facility shall determine whether the juvenile requires further treatment or services, and, if so, the treatment facility shall confer with the sending facility concerning continued placement. If both facilities agree that the juvenile should remain in the treatment facility, the executive director of the department of human services shall be notified of the recommendation and may authorize an additional sixty-day placement. When an additional placement is authorized, the court must be notified of the transferred placement.    During each subsequent sixty-day placement period, the juvenile shall be reevaluated by both the treatment facility and the sending facility to determine the need for continued transferred placement. The juvenile remains in transferred placement until the facilities agree that such placement is no longer appropriate. At that time the juvenile must be transferred back to the sending facility or to any other facility that the department of human services determines to be appropriate. The period of placement must not exceed the length of the original commitment to the department of human services unless authorized by the court after notice and a hearing.    When a juvenile is in continued transferred placement and the treatment facility and the sending facility agree that the need for placement of the juvenile is likely to continue beyond the original period of commitment to the department of human services, the treatment facility shall initiate proceedings with the court having jurisdiction over the juvenile pursuant to article 65 of title 27 if the juvenile has a mental health disorder or pursuant to article 10.5 of title 27 if the juvenile has intellectual and developmental disabilities.         History. Source: L. 2021: Entire article added with relocations,(SB 21-059), ch. 136, p. 706, § 2, effective October 1.    Editor's note:   This section is similar to former § 19-2-923 as it existed prior to 2021.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   The general assembly intended to segregate children found to be in need of supervision from delinquents by providing that the former may not be initially placed in institutions for juvenile delinquents nor may they be transferred by the director of institutions to such institutions without approval of court. The general assembly also set up separate sections of the statute to separate the disposition and punishment of those adjudicated as children in need of supervision from those adjudicated as delinquent. People in Interest of D.R., 29 Colo. App. 525, 487 P.2d 824 (1971).   Applied in Leidig v. Delaney, 189 Colo. 186 , 539 P.2d 1264 (1975).