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 5 - PETITION, ADJUDICATION, DISPOSITION (§§ 19-3-500.2 — 19-3-508) › Section 19-3-506 - Child with a mental health disorder or an intellectual and developmental disability - procedure

(1)
(a)
If it appears from the evidence presented at an adjudicatory hearing or otherwise that a child may have an intellectual and developmental disability, as defined in article
10.5
of title
27
, the court shall refer the child to the case management agency, as defined in section 25.5-6-1702, in the defined service area where the action is pending for an eligibility determination pursuant to article
6
of title
25.5
or article
10.5
of title
27
.
(b)
If it appears from the evidence presented at an adjudicatory hearing or otherwise that a child may have a mental health disorder, as defined in section 27-65-102, and the child has not had a mental health disorder prescreening pursuant to section 19-3-403 (4), the court shall order a prescreening to determine whether the child requires further evaluation. The prescreening must be conducted as expeditiously as possible, and a prescreening report must be provided to the court within twenty-four hours after the prescreening, excluding Saturdays, Sundays, and legal holidays.
(c)
If the mental health professional finds, based upon a prescreening done pursuant to this section or section 19-3-403 (4), that the child may have a mental health disorder, as defined in section 27-65-102, the court shall review the prescreening report within twenty-four hours, excluding Saturdays, Sundays, and legal holidays, and order the child placed for an evaluation at a facility designated by the commissioner of the behavioral health administration for emergency mental health hold pursuant to section 27-65-106. On and after January 1, 1986, if the child to be placed is in a detention facility, the designated facility shall admit the child within twenty-four hours after the court orders an evaluation, excluding Saturdays, Sundays, and legal holidays.
(d)
An evaluation conducted pursuant to this subsection (1) must be completed within seventy-two hours, excluding Saturdays, Sundays, and legal holidays. A county jail or a detention facility, as described in article 2.5 of this title 19, is not considered a suitable facility for evaluation, although a mental health disorder prescreening may be conducted in any appropriate setting.
(e)
If the mental health professional finds, based upon the prescreening, that the child does not have a mental health disorder, the court shall review the prescreening report within twenty-four hours, excluding Saturdays, Sundays, and legal holidays, and copies of the report shall be furnished to all parties and their attorneys. Any interested party may request a hearing on the issue of the child's mental health disorder, and the court may order additional prescreenings as deemed appropriate. The court shall not enter an order for a seventy-two-hour treatment and evaluation unless a hearing is held and evidence indicates that the prescreening report is inadequate, incomplete, or incorrect and that competent professional evidence is presented from a mental health professional that indicates that a mental health disorder is present in the child. The court shall make, prior to the hearing, such orders regarding temporary custody of the child as are deemed appropriate.
(2)
(a)
When an evaluation is ordered by the court pursuant to subsection (1) of this section, the order must specify the person or agency to whom the child shall be released when the evaluation indicates that the child does not have a mental health disorder.
(b)
When the court orders an evaluation pursuant to subsection (1) of this section, such order shall not obligate the person doing the prescreening or the agency which such person represents to pay for an evaluation or for any hospitalization provided to the child as a result of an evaluation.
(3)
(a)
When the evaluation conducted pursuant to subsection (1) of this section states that the child has a mental health disorder, as defined in section 27-65-102, the court shall treat the evaluation report as a certification under section 27-65-109 and shall proceed pursuant to article
65
of title
27
, assuming all of the powers granted to a court in such proceedings.
(b)
When, subsequent to referral to a case management agency, as defined in section 25.5-6-1702, pursuant to subsection (1) of this section, it appears that the child has intellectual and developmental disabilities, the court may proceed pursuant to article
10.5
of title
27
or may follow any of the recommendations contained in the report from the case management agency.
(c)
If the child remains in treatment or receives services ordered pursuant to paragraph (a) or (b) of this subsection (3), the court may suspend the proceedings or dismiss any actions pending under this title.
(d)
If a child receiving treatment or services ordered pursuant to paragraph (a) or (b) of this subsection (3) leaves a treatment facility or program without prior approval, the facility or program shall notify the court of the child's absence within twenty-four hours. When such child is taken into custody, the facility or program shall be notified by the court and shall readmit the child within twenty-four hours after receiving such notification, excluding Saturdays, Sundays, and legal holidays.
(4)
(a)
When the report of the evaluation or eligibility determination conducted pursuant to subsection (1) of this section states that the child does not have a mental health disorder or an intellectual and developmental disability, the child shall be released to the person or agency specified pursuant to subsection (2) of this section within twenty-four hours after the evaluation has been completed, excluding Saturdays, Sundays, and legal holidays. The child must not be detained unless a new detention hearing is held within twenty-four hours, excluding Saturdays, Sundays, and legal holidays, and the court finds at that hearing that secure detention is necessary.
(b)
When the evaluation report or eligibility determination states that the child does not have a mental health disorder or an intellectual and developmental disability, the court shall set a time for resuming the hearing on the petition or any other pending matters.
Amended by 2022 Ch. 451, § 38, eff. 8/10/2022.
Amended by 2021 Ch. 83, § 11, eff. 7/1/2024.
Amended by 2021 Ch. 136, § 78, eff. 10/1/2021.
Amended by 2017 Ch. 263, § 164, eff. 5/25/2017.
L. 87: Entire title R&RE, p. 783, § 1, effective October 1; (1)(b) and (1)(c) amended, p. 1586, § 58, effective October 1. L. 92: (1)(a) amended, p. 1398, § 57, effective July 1. L. 94: (1)(c) amended, p. 2684, § 203, effective July 1. L. 2006: (1)(b), (1)(c), (1)(e), (2)(a), (3)(a), and (4) amended, p. 1402, § 59, effective August 7. L. 2010: (1)(b), (1)(c), and (3)(a) amended, (SB 10-175), ch. 792, p. 792, § 45, effective April 29. L. 2017: (1), (2)(a), (3)(a), and (4) amended, (SB 17-242), ch. 1315, p. 1315, § 164, effective May 25. L. 2021: (1)(d) amended, (SB 21-059), ch. 732, p. 732, § 78, effective October 1; (1)(a) and (3)(b) amended, (HB 21 -1187), ch. 327, p. 327, § 11, effective 7/1/2024.
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 19-3-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.