reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1519 - Contracts and agreements with public and private agencies

(1)
The executive director of the department of human services shall, subject to available appropriations, enter into agreements or contracts deemed necessary and appropriate with any governmental unit or agency or private facility or provider cooperating or willing to cooperate in a program to carry out the purposes of this article 2.5. The contracts or agreements may provide, among other things, for the type of work to be performed at a camp or other facility, the rate of payment for such work, and other matters relating to the care and treatment of juveniles.
(2)
Placement of juveniles by the department of human services in any public or private facility not under the jurisdiction of the department shall not terminate the legal custody of the department.
(3)
The department of human services has the right to inspect all facilities used by it and to examine and consult with persons in its legal custody who have been placed in any such facility.
(4)
(a)
On and after April 1, 2004, an entity that contracts with the department of human services for the operation of a private juvenile facility shall not employ a person who is required to register pursuant to the "Colorado Sex Offender Registration Act", article
22
of title
16
, to work in the private juvenile facility.
(b)
For the purposes of a contract in existence as of April 1, 2004, if a contractor employs a person in a private juvenile facility who is required to register as a sex offender pursuant to the "Colorado Sex Offender Registration Act", article
22
of title
16
, the contractor shall ensure that the person does not have unsupervised contact with a juvenile in the facility on and after April 1, 2004. Failure to comply with this subsection (4) constitutes a breach and grounds for termination of the contract.
Renumbered from C.R.S. §
19-2-410
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 699, p. 699, § 2, effective October 1.
This section is similar to former § 19-2-410 as it existed prior to 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1520 - Private facilities for juvenile offenders - requests for proposals - rules

The executive director of the department of human services shall adopt rules and implement a process to issue requests for proposals with respect to contracts for designing, financing, acquiring, constructing, and operating private facilities for juvenile offenders. The process to issue requests for proposals and privatization contracts must meet the requirements set forth in part 2 of article
1
of title
17
with respect to private adult correctional facilities.
Renumbered from C.R.S. §
19-2-411
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 700, p. 700, § 2, effective October 1.
This section is similar to former § 19-2-411 as it existed prior to 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1521 - [Repealed]

Repealed by 2022 Ch. 288,§3, eff. 5/31/2022.
Amended by 2022 Ch. 114,§21, eff. 4/21/2022.
Renumbered from C.R.S. §
19-2-411.5
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
Amended by 2019 Ch. 125,§20, eff. 4/18/2019.
Amended by 2018 Ch. 38,§42, eff. 8/8/2018.
Amended by 2017 Ch. 154,§3, eff. 8/9/2017.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 700, p. 700, § 2, effective October 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1522 - Juveniles committed to department of human services - emergency release

The department of human services and the judicial department shall establish guidelines for the emergency release of juveniles committed to the custody of the department of human services during periods of crisis overcrowding of facilities operated by the department of human services. The guidelines must take into consideration the best interests of juveniles, the capacity of individual facilities, and the safety of the public.
Renumbered from C.R.S. §
19-2-924
and amended by 2021 Ch. 136,§2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 701, p. 701, § 2, effective October 1.
This section is similar to former § 19-2-924 as it existed prior to 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1523 - Receiving centers - designation

(1)
The department of human services shall designate receiving centers for juvenile delinquents committed to the department pursuant to section
19-2.5-1127
or
19-2.5-1103
.
(2)
If a change is made in the designation of a receiving center by the department of human services, it shall notify the juvenile courts at least thirty-five days prior to the date that the change takes effect.
Renumbered from C.R.S. §
19-2-405
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 702, p. 702, § 2, effective October 1.
This section is similar to former § 19-2-405 as it existed prior to 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1526 - Facility rules - academic and vocational courses - repeal

(1)
It is the duty of the department of human services to develop rules necessary for imparting instruction, preserving health, and enforcing discipline of juveniles committed to the department of human services.
(2)
The academic courses of study and vocational training and instruction given in the facilities established by section
19-2.5-1502
and sections
19-2.5-1527
to
19-2.5-1529
must include those approved by the department of education for the instruction of pupils in the primary and secondary schools of the state. Full credit must be given by school districts in this state for completion of any semester, term, or year of study instruction by any juvenile who has such earned credit.
(3)
The director of the division of youth services may appoint, pursuant to section 13 of article XII of the state constitution, a director and such other officers, teachers, instructors, counselors, and other personnel as the director considers necessary to transact the business of the schools and may designate their duties. A person shall not be appointed as a teacher or instructor in the schools who is not qualified to serve as a teacher or instructor in the schools under the laws of the state and the standards established by the department of education.
(4)
(a)
For the 2022-23 state fiscal year, the department may spend money appropriated to the department by the general assembly from the general fund in House Bill 22-1329 to expand the department's career and technical education and vocational training programs in designated juvenile facilities as follows:
(I)
Purchasing vocational program equipment and outdoor storage structures to advance the skills of juveniles in careers that juveniles can maintain once released from the custody of the department;
(II)
Updating existing physical space for learning and replacing outdated vocational and technical equipment;
(III)
Contracting with Colorado state university - Pueblo, as established in section
23-31.5-101
, and other institutions of higher education, as appropriate, for mobile learning labs; and
(IV)
Updating technology and computer equipment for education programming expansion.
(b)
This subsection (4) is repealed, effective July 1, 2024.
Amended by 2022 Ch. 365, § 2, eff. 8/10/2022.
Renumbered from C.R.S. §
19-2-414
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
Amended by 2017 Ch. 381, § 36, eff. 6/6/2017.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 704, p. 704, § 2, effective October 1.
This section is similar to former § 19-2-414 as it existed prior to 2021.
2022 Ch. 365, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1527 - Lookout Mountain school

(1)
There is established at Golden, Jefferson county, a training school known as the Lookout Mountain school, under the supervision and control of the department of human services.
(2)
The school shall provide care, education, training, and rehabilitation for juveniles ten years of age or older who have been committed to the custody of the department of human services pursuant to section
19-2.5-1127
or
19-2.5-1103
. In addition, the school may provide care, education, training, and rehabilitation for any juvenile who has been sentenced to the department of corrections and is being housed in a facility operated by the department of human services pursuant to a contract with the department of corrections pursuant to section
19-2.5-1502 (4)
.
Renumbered from C.R.S. §
19-2-406
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 704, p. 704, § 2, effective October 1.
This section is similar to former § 19-2-406 as it existed prior to 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1528 - Mount View school

(1)
There is established near Morrison, Jefferson county, a training school known as the Mount View school under the supervision and control of the department of human services.
(2)
The school shall provide care, education, training, and rehabilitation for juveniles ten years of age or older who have been committed to the custody of the department of human services pursuant to section
19-2.5-1127
or
19-2.5-1103
. In addition, the school may provide care, education, training, and rehabilitation for any juvenile who has been sentenced to the department of corrections and is being housed in a facility operated by the department of human services pursuant to a contract with the department of corrections pursuant to section
19-2.5-1502 (4)
.
Renumbered from C.R.S. §
19-2-407
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 705, p. 705, § 2, effective October 1.
This section is similar to former § 19-2-407 as it existed prior to 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1529 - Youth camps

The department of human services may establish and administer youth camps. Staff at youth camps shall provide care, education, training, rehabilitation, and supervision for juveniles ten years of age or older who have been committed to the custody of the department of human services pursuant to section
19-2.5-1127
or
19-2.5-1103
.
Renumbered from C.R.S. §
19-2-408
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 705, p. 705, § 2, effective October 1.
This section is similar to former § 19-2-408 as it existed prior to 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 2.5 - THE COLORADO JUVENILE JUSTICE SYSTEM (§§ 19-2.5-101 — 19-2.5-1532) › Part 15 - FACILITIES (§§ 19-2.5-1501 — 19-2.5-1532) › Subpart C - FACILITIES - COMMITMENT (§§ 19-2.5-1518 — 19-2.5-1532) › Section 19-2.5-1530 - Alternate placement

The executive director of the department of human services may assign any juvenile placed by the department of human services in any facility established pursuant to section
19-2.5-1502
,
19-2.5-1527
, or
19-2.5-1528
to any other facility established by said sections for educational training, treatment, or rehabilitation programs. The assignment and the transportation of a juvenile to and from such programs on a daily basis does not constitute a transfer or change of placement of the juvenile.
Renumbered from C.R.S. §
19-2-409
and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.
L. 2021: Entire article added with relocations, (SB 21-059), ch. 705, p. 705, § 2, effective October 1.
This section is similar to former § 19-2-409 as it existed prior to 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 1 - DEFINITIONS (§§ 19-3-100.5 — 19-3-104) › Section 19-3-101 - [Repealed]

L. 87: Entire title R&RE, p. 759, § 1, effective October 1. L. 93: Entire section amended, p. 2013, § 2, effective July 1; (1) amended, p. 582, § 19, effective July 1. L. 94: (1) amended, p. 1084, § 3, effective May 4. L. 96: Entire section repealed, p. 85, § 11, effective March 20.
For current applicable definitions, see §19-1-103.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 1 - DEFINITIONS (§§ 19-3-100.5 — 19-3-104) › Section 19-3-102 - Neglected or dependent child

(1)
A child is neglected or dependent if:
(a)
A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;
(b)
The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;
(c)
The child's environment is injurious to his or her welfare;
(d)
A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being;
(e)
The child is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;
(f)
The child has run away from home or is otherwise beyond the control of his or her parent, guardian, or legal custodian;
(g)
The child is born affected by alcohol or substance exposure, except when taken as prescribed or recommended and monitored by a licensed health care provider, and the newborn child's health or welfare is threatened by substance use.
(2)
A child is neglected or dependent if:
(a)
A parent, guardian, or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse; and
(b)
Such parent, guardian, or legal custodian has been the respondent in another proceeding under this article in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has determined that such parent's, guardian's, or legal custodian's abuse or neglect has caused the death of another child; and
(c)
The pattern of habitual abuse described in paragraph (a) of this subsection (2) and the type of abuse described in the allegations specified in paragraph (b) of this subsection (2) pose a current threat to the child.
Amended by 2020 Ch. 186,§ 5, eff. 6/30/2020.
L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 97: Entire section amended, p. 516, § 2, effective July 1; entire section amended, p. 1433, § 8, effective July 1. L. 2005: (1)(g) added, p. 587, § 2, effective July 1. L. 2020: (1)(g) amended, (SB 20-028), ch. 854, p. 854, § 5, effective June 30.
(1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-1-103
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section by Senate Bill 97-218 and Senate Bill 97-71 were harmonized.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 1 - DEFINITIONS (§§ 19-3-100.5 — 19-3-104) › Section 19-3-104 - Hearings - procedure

Any hearing conducted pursuant to this article 3 in a county designated pursuant to section
19-1-123
regarding a child who is under six years of age at the time a petition is filed in accordance with section
19-3-501(2)
must not be delayed or continued unless good cause is shown and unless the court finds that the best interests of the child will be served by granting a delay or continuance. Whenever any such delay or continuance is granted, the court shall set forth the specific reasons necessitating the delay or continuance and shall schedule the matter within thirty days after the date of granting the delay or continuance. If appropriate, in any hearing conducted pursuant to this article 3 in a county designated pursuant to section
19-1-123
regarding a child who is under six years of age at the time a petition is filed in accordance with section
19-3-501(2)
, the court shall include all other children residing in the same household whose placement is subject to determination pursuant to this article 3.
Amended by 2019 Ch. 237,§ 5, eff. 8/2/2019.
L. 94: Entire section added, p. 2053, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-201.5 - Change of venue - county department and county attorney responsibilities - rules

(1)
Each county department shall designate a change of venue coordinator to facilitate the transfer of jurisdiction of a case between county departments.
(2)
Within fifteen days after a court signs an order pursuant to section
19-3-201
granting a change of venue and transferring jurisdiction, the transferring county department shall:
(a)
Provide written case information to the designated change of venue coordinator in the receiving county, which information shall include, but need not be limited to, permanency goals, target dates relating to the case, evaluations, a current family services plan, court reports, dates of placement moves, the progress of the child in placement, all Title IV-E eligibility determinations pursuant to the federal "Social Security Act", as amended, and recommendations for continuing progress in the case;
(b)
Update all documentation in the case file, including the record in the state automated system;
(c)
Provide information concerning, to the extent known, the physical location of the child's parents, guardians, legal custodians, and relatives; and
(d)
(I)
Schedule a family engagement meeting involving all parties, county department caseworkers and supervisors, and community providers; or
(II)
Conduct a case staffing between county caseworkers and supervisors in the transferring and receiving county departments; or
(III)
Submit a written case transfer summary.
(3)
Within fifteen days after a court signs an order pursuant to section
19-3-201
granting a change of venue and transferring jurisdiction, the transferring county attorney's office shall forward a complete copy of the case file, excluding any confidential attorney-client communications, to the county attorney's office in the receiving county.
(4)
The state department shall promulgate, in accordance with the "State Administrative Procedure Act", article
4
of title
24
, C.R.S., any rules necessary for the effective transfer of case responsibilities between county departments resulting from a change of venue pursuant to section
19-3-201
.
L. 2010: Entire section added, (HB 10-1359), ch. 223, p. 969, §2, effective September 1.
For part E of Title IV of the federal "Social Security Act", see 42 U.S.C. sec. 670 et seq.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-202 - Right to counsel and jury trial

(1)
At the first appearance of a respondent parent, guardian, or legal custodian, the court shall fully advise the respondent of the respondent's legal rights, including the right to a jury trial, the right to be represented by counsel at every stage of the proceedings, and the right to seek the appointment of counsel through the office of respondent parents' counsel established in section
13-92-103
, if the respondent is unable to financially secure counsel on the respondent's own. The court shall appoint counsel for a respondent who is incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail; held in federal custody; or involuntarily committed, unless the court determines the respondent is able to financially secure counsel on the respondent's own or the respondent chooses to proceed without counsel. The court shall fully explain to the respondent the informational notice of rights and remedies for families prepared pursuant to section
19-3-212
and shall recommend that the respondent discuss such notice with the respondent's counsel. Further, the court shall advise the respondent of the minimum and maximum time frames for the dependency and neglect process, including the minimum and maximum time frames for adjudication, disposition, and termination of parental rights for a child who is under six years of age at the time the petition is filed in a county designated pursuant to section
19-1-123
. Nothing in this section limits the power of the court to appoint counsel prior to the filing of a petition for good cause.
(2)
The petitioner, any respondent, the guardian ad litem for the child, or a child who is twelve years of age or older may demand a trial by jury of six persons at the adjudicatory hearing pursuant to section
19-3-505
, or the court, on its own motion, may order such a jury to try any case at the adjudicatory hearing pursuant to section
19-3-505
.
Amended by 2023 Ch. 191,§ 3, eff. 1/1/2024.
Amended by 2022 Ch. 92, § 8, eff. 1/9/2023.
Amended by 2015 Ch. 116, § 4, eff. 4/24/2015.
Amended by 2014 Ch. 281, § 2, eff. 8/6/2014.
L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 2003: (1) amended, p. 1226, § 3, effective August 6. L. 2014: (1) amended, (SB 14-203), ch. 281, p. 1141, § 2, effective August 6. L. 2015: (1) amended, (HB 15-1149), ch. 116, p. 352, § 4, effective April 24.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-1-106
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2022 Ch. 92, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-204 - [Repealed]

L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 90: Entire section repealed, p. 1037, § 6, effective April 3.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-206 - Representation of petitioner

In all proceedings brought under this article, the petitioner shall be represented by a county attorney, special county attorney, or city attorney of a city and county.
L. 87: Entire title R&RE, p. 762, § 1, effective October 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-1-106
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-207 - Inadmissibility of certain evidence

(1)
Upon the request of the county attorney, special county attorney, or the city attorney of a city and county, the court shall set a hearing to determine the admissibility in a subsequent criminal proceeding arising from the same episode of information derived directly from testimony obtained pursuant to compulsory process in a proceeding under this article. The district attorney of the judicial district in which the matter is being heard shall be given five days' written notice of the hearing by the clerk of the court. Such hearing shall be held in camera, and the district attorney shall have the right to appear at the hearing and to object to the entry of the order holding such information inadmissible. The court shall not enter such an order if the district attorney presents prima facie evidence that the inadmissibility of such information would substantially impair his or her ability to prosecute the criminal case. The provisions of this subsection (1) shall not be construed to prevent any law enforcement officer from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.
(2)
No professional shall be examined in any criminal case without the consent of the respondent as to statements made pursuant to compliance with court treatment orders, including protective orders, entered under this article; except that such privilege shall not apply to any discussion of any future misconduct or of any other past misconduct unrelated to the allegations involved in the treatment plan. The admissibility of testimony as set forth in this subsection (2) shall not be subject to the hearing and notice provisions of subsection (1) of this section.
(2.5)
Notwithstanding any other provision of law to the contrary, a juvenile's statements to a professional made in the course of treatment ordered by the court pursuant to this article shall not, without the juvenile's consent, be admitted into evidence in any criminal or juvenile delinquency case brought against the juvenile; except that the privilege shall not apply to statements regarding future misconduct.
(3)
No admission made by a respondent in open court or by written pleading filed with the court to a petition in dependency or neglect may be used against him or her in any criminal prosecution, except for purposes of impeachment or rebuttal.
L. 87: Entire title R&RE, p. 762, § 1, effective October 1. L. 90: (2) amended, p. 1037, § 4, effective April 3. L. 97: Entire section amended, p. 518, § 5, effective July 1. L. 2004: (2.5) added, p. 274, § 1, effective April 5.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-208.5 - [Repealed]

Amended by 2018 Ch. 37,§2, eff. 8/8/2018.
L. 2008: Entire section added, p. 812, § 2, effective May 14. L. 2009: (4), (5), (8), and (9) amended, (SB 09-207), ch. 8, p. 60, §1, effective March 2. L. 2018: (8) amended, (SB 18-164), ch. 37, p. 394, § 2, effective August 8.
Subsection (9) provided for the repeal of this section, effective July 1, 2019. (See L. 2009, p. 60.)
For the legislative declaration in SB 18-164, see section 1 of chapter 37, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-209 - Individual case plan - required

An individual case plan, developed with the input or participation of the family, is required to be in place for all abused and neglected children and the families of such children in each case which is opened for the provision of services beyond the investigation of the report of child abuse or neglect, regardless of whether the child or children involved are placed out of the home or under court supervision.
L. 93: Entire section added, p. 2014, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-210 - [Repealed]

L. 93: Entire section added, p. 1246, § 1, effective June 6. L. 94: (1) and (4) amended, p. 2682, § 198, effective July 1. L. 96: Entire section repealed, p. 1249, § 124, effective August 7.
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-212 - Notice of rights and remedies for families

(1)
The state department shall prepare, with the assistance of the attorney general, on a standardized written form, a detailed informational notice of rights and remedies for families subject to the provisions of this article.
(2)
The notice prepared pursuant to subsection (1) of this section shall be supplied to all social service and law enforcement agencies in the state and shall be delivered to all parents and families from whom children are removed under court order or by law enforcement personnel, along with a copy of the court order directing removal of the child or children from the home. In addition to the notification on the court order, the informational notice shall contain a statement as to the cause of the removal of the child or children. The notice shall also contain disclosure of the availability of the conflict resolution process to persons who are the subject of any child abuse or neglect report and to the parents, Indian custodians, guardian, or legal custodian of a child who is the subject of any child abuse or neglect report. The standardized written notice form prepared pursuant to subsection (1) of this section shall also include a notification of rights of the parents, Indian custodians, guardians, or legal custodians of Indian children under the federal "Indian Child Welfare Act of 1978",
25 U.S.C. sec. 1901
et seq.
(3)
The notice prepared pursuant to subsection (1) of this section shall be available for public inspection at a review and comment hearing prior to its adoption.
L. 94: Entire section added, p. 2081, § 1, effective June 3. L. 97: (2) amended, p. 1437, § 10, effective July 1. L. 2002: (1) and (2) amended, p. 786, § 5, effective May 30.
For the legislative declaration contained in the 2002 act amending subsections (1) and (2), see section 1 of chapter 217, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-214 - Placement reporting

(1)
Each county department shall maintain and update on a monthly basis a report of the number of children who have been removed from their homes and placed in the temporary custody of the county department for the preceding month. The report shall indicate whether a child who has been placed out of the home has been placed with relatives.
(2)
Notwithstanding section
24-1-136(11)(a)(I)
, the state department shall submit an annual report to the joint budget committee of the general assembly no later than December 1 of each year that compiles the monthly reports of the number of children who have been placed out of the home in each county or city and county for the preceding year as required pursuant to subsection (1) of this section.
Amended by 2017 Ch. 154,§ 4, eff. 8/9/2017.
L. 97: Entire section added, p. 1438, § 11, effective July 1. L. 2017: (2) amended, (SB 17-234), ch. 154, p. 521, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-215 - Foster care - capacity may be exceeded for sibling groups

The state board of human services shall promulgate rules that allow foster care homes to exceed capacity for the number of children and for square footage requirements in order to accommodate the joint placement of sibling groups in a single foster care home.
L. 2000: Entire section added, p. 478, § 9, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-216 - Rules

The state board of human services shall promulgate rules to determine whether there is child abuse or neglect as defined in section
19-1-103(1)(a)(VII)
or if a child is neglected or dependent as described in section
19-3-102(1)(g)
.
Added by 2020 Ch. 186,§ 6, eff. 6/30/2020.
L. 2020: Entire section added, (SB 20-028), ch. 854, p. 854, § 6, effective June 30.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-218 - [Multiple Versions] [Effective 9/1/2024] Transferring temporary legal custody of a child or youth - advisement

Prior to transferring temporary legal custody of a child or youth to a relative or kin, the court shall make findings that the relative or kin was advised regarding the differences between kinship foster care and non-certified kinship care, including, but not limited to, financial assistance, custody requirements, and long-term financial support options.
Added by 2024 Ch. 289,§ 1, eff. 9/1/2024.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 2 - GENERAL PROVISIONS (§§ 19-3-201 — 19-3-218) › Section 19-3-218 - [Multiple Versions] [Effective 8/7/2024] Language access

(1)
Pursuant to this article 3, the court shall provide language access to a child or a parent, guardian, other custodian, or other party if the person requests language access or the court finds that a person has limited English proficiency.
(2)
A person who receives language access pursuant to this section must receive translation and interpretation services in circumstances when a similarly situated person would receive the communication in English. Translation must be provided in a timely manner and without unreasonable delay if requested by the party, and interpretation must be provided at every proceeding.
Added by 2024 Ch. 327,§ 3, eff. 8/7/2024.
2024 Ch. 327, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-301 - Short title

This part 3 shall be known and may be cited as the "Child Protection Act of 1987".
L. 87: Entire title R&RE, p. 762, § 1, effective October 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-302 - Legislative declaration

(1)
The general assembly declares that the complete reporting of child abuse is a matter of public concern and that, in enacting this part 3, it is the intent of the general assembly to protect the best interests of children of this state and to offer protective services in order to prevent any further harm to a child suffering from abuse. It is also the intent of the general assembly that if a county or group of counties decides to establish a child protection team, that the child protection teams publicly discuss public agencies' responses to child abuse and neglect reports so that the public and the general assembly are better informed concerning the operation and administration of this part 3.
(2)
(a)
The general assembly further declares that requiring people to report known or suspected child abuse or neglect pursuant to this part 3 impacts the people reporting as well as children and families. As a result of implicit bias, under-resourced communities, communities of color, and persons with disabilities are disproportionately impacted by the mandatory reporting system. To create a more equitable mandatory reporting system, people required to report child abuse or neglect must have access to necessary resources to report child abuse or neglect, including but not limited to:
(I)
Specialized training to address and decrease the disproportionate impact on under-resourced communities, communities of color, and persons with disabilities;
(II)
Standardized training and materials; and
(III)
Information regarding obligations and protections pursuant to the law.
(b)
Additionally, through the creation of a mandatory reporter task force in this part 3, diverse representatives from statewide organizations serving families and youth shall analyze best practices and may recommend changes to training materials and reporting procedures.
Amended by 2022 Ch. 313,§1, eff. 8/10/2022.
Amended by 2017 Ch. 107,§1, eff. 8/9/2017.
L. 87: Entire title R&RE, p. 762, § 1, effective October 1. L. 2017: Entire section amended, (SB 17-016), ch. 107, p. 389, § 1, effective August 9.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2022 Ch. 313, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-303 - [Repealed]

L. 87: Entire title R&RE, p. 763, § 1, effective October 1. L. 91: (2.5) and (10) amended and (4.5), (4.7), and (9.5) added, p. 222, § 3, effective May 24. L. 92: (9.5) amended, p. 2175, § 29, effective June 2. L. 93: (2) amended, p. 1250, § 2, effective June 6. L. 94: (1)(a)(IV) added, p. 1055, § 5, effective May 4; (9) amended, p. 2683, § 199, effective July 1. L. 96: Entire section repealed, p. 85, § 11, effective March 20.
For current applicable definitions, see §19-1-103.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-304.3 - Domestic abuse task force - creation - best practices and training for recognition of domestic abuse as child abuse or neglect - policies and procedures - rules

(1)
(a)
The state department shall create a domestic abuse task force, referred to in this section as the "task force". The task force must be formed for no more than two years. The task force shall review recommendations from the state department's domestic violence program and child welfare workgroup to develop a statutory definition for this title 19 that defines domestic abuse and recognizes the impact domestic abuse may have on the emotional and developmental well-being of a child.
(b)
The membership of the task force must represent the broad cultural and socioeconomic diversity of the state, including persons with lived experiences or professional expertise. The task force may include members from the state department's domestic violence program and child welfare workgroup.
(c)
The state department shall report to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees, with the recommended definition pursuant to subsection (1)(a) of this section no later than December 2022.
(2)
On or before July 1, 2023, the state department shall promulgate rules based on recommendations from the domestic violence program and child welfare workgroup regarding the best practices and training for recognition of child abuse or neglect related to domestic abuse, including, but not limited to:
(a)
Creating, implementing, and updating assessment policies and procedures for child welfare caseworkers to recognize, respond, and assess child abuse or neglect related to domestic abuse while appropriately considering the role of the non-abusive caregiver and cultural considerations;
(b)
Creating, implementing, and updating training materials for mandatory reporters to recognize and report child abuse or neglect related to domestic abuse;
(c)
Establishing training standards to implement updated assessment policies and procedures for child welfare caseworkers to recognize and respond to child abuse or neglect related to domestic abuse while appropriately considering the role of the non-abusive caregiver and cultural considerations; and
(d)
Establishing training standards to implement updated assessment policies and procedures for child welfare caseworkers to recognize and respond to child abuse or neglect related to domestic abuse while appropriately considering the role of the abusive parent and cultural considerations.
Added by 2021 Ch. 179,§2, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1099), ch. 972, p. 972, § 2, effective September 7.
2021 Ch. 179, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 21-1099, see section 1 of chapter 179, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-304.4 - [Repealed]

Amended by 2023 Ch. 206,§ 4, eff. 5/16/2023.
Added by 2022 Ch. 380, § 2, eff. 6/7/2022.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-305 - Required report of postmortem investigation

(1)
Any person who is required by section
19-3-304
to report known or suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report such fact immediately to a local law enforcement agency and to the appropriate medical examiner. The local law enforcement agency and the medical examiner shall accept such report for investigation and shall report their findings to the local law enforcement agency, the district attorney, and the county department.
(2)
The county department shall forward a copy of such report to the state department of human services.
L. 87: Entire title R&RE, p. 765, § 1, effective October 1. L. 2003: (2) amended, p. 1405, § 9, effective 1/1/2004.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
For the legislative declaration contained in the 2003 act amending subsection (2), see section 1 of chapter 196, Session Laws of Colorado 2003.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3 - DEPENDENCY AND NEGLECT (§§ 19-3-100.5 — 19-3-905) › Part 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-306 - Evidence of abuse - color photographs and X rays

(1)
Any child health associate, person licensed to practice medicine in this state, registered nurse or licensed practical nurse, hospital personnel engaged in the admission, examination, care, or treatment of patients, medical examiner, coroner, social worker, psychologist, or local law enforcement officer who has before him a child he reasonably believes has been abused or neglected may take or cause to be taken color photographs of the areas of trauma visible on the child. If medically indicated, such person may take or cause to be taken X rays of the child.
(2)
Copies or duplicate originals of any color photographs which show evidence of child abuse shall be immediately forwarded to the county department or to the local law enforcement agency. Original photographs shall be made available upon the request of such department or agency. X rays which show evidence of child abuse or copies of the X-ray report, or both, shall be made available upon request to the county department or the local law enforcement agency. Any person who forwards original photographs or X rays pursuant to this section shall maintain copies or duplicate originals thereof.
L. 87: Entire title R&RE, p. 766, § 1, effective October 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.