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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-602 - [Effective Until 8/7/2024] Motion for termination - separate hearing - right to counsel - no jury trial

(1)
Termination of a parent-child legal relationship shall be considered only after the filing of a written motion alleging the factual grounds for termination, and termination of a parent-child legal relationship shall be considered at a separate hearing following an adjudication of a child as dependent or neglected. Such motion shall be filed at least thirty days before such hearing. In a county designated pursuant to section
19-1-123
, if the child is under six years of age at the time a petition is filed in accordance with section
19-3-501 (2)
, the court shall hear the motion for termination within one hundred twenty days after such motion is filed, and shall not grant a delay unless good cause is shown and unless the court finds that the best interests of the child will be served by granting a delay in accordance with the requirements of section
19-3-104
.
(1.5)
(a)
Pursuant to the provisions of section
19-1-126
, the motion for termination shall:
(I)
Include a statement indicating what continuing inquiries the county department of social services has made in determining whether the child who is the subject of the termination proceeding is an Indian child;
(I.5)
Include a statement indicating that a grandparent, aunt, uncle, brother, or sister of the child must file a request for guardianship and legal custody of the child within twenty days of the filing of the motion;
(II)
Identify whether the child is an Indian child; and
(III)
Include the identity of the Indian child's tribe, if the child is identified as an Indian child.
(b)
If notices were sent to the parent or Indian custodian of the child and to the Indian child's tribe, pursuant to section
19-1-126
, the postal receipts, or copies thereof, shall be attached to the motion for termination and filed with the court or filed within ten days after the filing of the motion for termination, as specified in section
19-1-126 (1)(c)
.
(2)
After a motion for termination of a parent-child legal relationship is filed pursuant to this part 6, the parent or parents shall be advised of the right to counsel if not already represented by counsel of record; and counsel shall be appointed in accordance with the provisions of section
19-1-105
. The parent or parents shall also be advised that a grandparent, aunt, uncle, brother, or sister of the child must file a request for guardianship and legal custody of the child within twenty days of the filing of the motion. Advisement of right to counsel and the time for a relative to file a request may be done in open court or in a writing served as provided by law for motions and notices in a proceeding under section
19-1-104 (1)(b)
.
(3)
Repealed.
(4)
There shall be no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.
Amended by 2022 Ch. 92, § 11, eff. 1/9/2023.
L. 87: Entire title R&RE, p. 788, § 1, effective October 1. L. 2002: (1.5) added, p. 787, § 7, effective May 30. L. 2003: (1) amended, p. 1226, § 2, effective August 6. L. 2005: (1.5)(a)(I.5) added and (2) amended pp. 94, 93, §§ 3, 2, effective March 31.
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 19-11-103 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).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration contained in the 2002 act enacting subsection (1.5), see section 1 of chapter 217, Session Laws of Colorado 2002.