reglab/statecodes huggingface dataset:
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 19-3-308.3 - Differential response program for child abuse or neglect cases of low or moderate risk - rules - evaluation

(1)
(a)
There is created the differential response program, referred to in this section as the "program". The program will allow county departments of human or social services that choose to participate to address known or suspected incidents of intrafamilial abuse or neglect that have been assessed as low or moderate risk, pursuant to rule of the state board. The executive director of the state department shall approve any county department of human or social services that chooses to participate in the program, referred to in this section as a "participating county department".
(b)
The state department is authorized to solicit, accept, and expend gifts, grants, and donations for the implementation and administration of the program.
(2)
Participation in the program by families who are referred to the program is voluntary.
(3)
For each family referred to the program, neither the state department nor a county department of human or social services is required to make a finding concerning the alleged intrafamilial abuse or neglect in the family.
(4)
The state department and the participating county departments shall administer the program in accordance with rules promulgated by the state board pursuant to subsection (6) of this section.
(5)
To the extent permitted by law and by any rules promulgated by the state board pursuant to subsection (6) of this section, the participating county departments, in administering the program, shall cooperate with local community service organizations in addressing known or suspected incidents of intrafamilial abuse or neglect.
(6)
The state board shall promulgate rules to define and implement differential response and for the administration of the program.
(7) to (9)
(Deleted by amendment, L. 2015.)
Amended by 2015 Ch. 193,§ 1, eff. 5/14/2015.
L. 2010: Entire section added, (HB 10-1226), ch. 129, p. 425, §3, effective April 15. L. 2012: (1)(a), (6), and (7) amended, (SB 12-011), ch. 55, p. 202, § 1, effective March 24. L. 2015: Entire section amended, (HB 15-1358), ch. 193, p. 640, § 1, effective May 14.
For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 129, Session Laws of Colorado 2010.
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 19-3-309 - Immunity from liability - persons reporting

Any person, other than the perpetrator, complicitor, coconspirator, or accessory, participating in good faith in the making of a report, in the facilitation of the investigation of such a report, or in a judicial proceeding held pursuant to this title, the taking of photographs or X rays, or the placing in temporary protective custody of a child pursuant to section
19-3-405
or otherwise performing his duties or acting pursuant to this part 3 shall be immune from any liability, civil or criminal, or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person's behavior was willful, wanton, and malicious. For the purpose of any proceedings, civil or criminal, the good faith of any such person reporting child abuse, any such person taking photographs or X rays, and any such person who has legal authority to place a child in protective custody shall be presumed.
L. 87: Entire title R&RE, p. 770, § 1, effective October 1. L. 89: Entire section amended, p. 916, § 7, effective July 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 19-10-110 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 19-3-310 - Child abuse and child neglect diversion program

(1)
The district attorney, upon recommendation of the county department or any person, may withhold filing a case against any person accused or suspected of child abuse or neglect and refer that person to a nonjudicial source of treatment or assistance, upon conditions set forth by the county department and the district attorney. If a person is so diverted from the criminal justice system, the district attorney shall not file charges in connection with the case if the person participates to the satisfaction of the county department and the district attorney in the diversion program offered.
(2)
The initial diversion shall be for a period not to exceed two years. This diversion period may be extended for one additional one-year period by the district attorney if necessary. Decisions regarding extending diversion time periods shall be made following review of the person diverted by the district attorney and the county department.
(3)
If the person diverted successfully completes the diversion program to the satisfaction of the county department and the district attorney, he shall be released from the terms and conditions of the program, and no criminal filing for the case shall be made against him.
(4)
Participation by a person accused or suspected of child abuse in any diversion program shall be voluntary.
L. 87: Entire title R&RE, p. 771, § 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 19-10-111 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 19-3-310.5 - [Repealed]

L. 94: Entire section added, p. 1742, § 1, effective July 1. L. 95: (5) amended, p. 516, § 10, effective July 1. L. 98: (10) repealed, p. 732, § 23, effective May 18.
Subsection (11) provided for the repeal of this section, effective July 1, 1999. (See L. 94, p. 1742.)
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 19-3-311 - Evidence not privileged

(1)
The incident of privileged communication between patient and physician, between patient and registered professional nurse, or between any person licensed pursuant to article
245
of title
12
, or certified or licensed school psychologist and client, which is the basis for a report pursuant to section
19-3-304
, shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to this part 3. In addition, privileged communication shall not apply to any discussion of any future misconduct or of any other past misconduct that could be the basis for any other report under section
19-3-304
.
(2)
The privileged communication between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to this part 3.
Amended by 2019 Ch. 136,§ 113, eff. 10/1/2019.
L. 87: Entire title R&RE, p. 771, § 1, effective October 1. L. 89: Entire section amended, p. 699, § 6, effective June 7. L. 90: Entire section amended, p. 1024, § 3, effective July 1. L. 2008: (1) amended, p. 1893, § 65, effective August 5. L. 2019: (1) amended, (HB 19-1172), ch. 1682, p. 1682, § 113, 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 § 19-10-112 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 19-3-312 - Court proceedings

(1)
The county department or local law enforcement agency receiving a report under section
19-3-304
or
19-3-305
, in addition to taking such immediate steps pursuant to sections
19-3-401
and
19-3-308(4)
as may be required to protect a child, shall inform, within seventy-two hours, the appropriate juvenile court or district court with juvenile jurisdiction that the child appears to be within the court's jurisdiction. Upon receipt of such information, the court shall make an immediate investigation to determine whether protection of the child from further abuse is required and, upon such determination, may authorize the filing of a petition, as provided for in section
19-3-501(2)
.
(2)
In any proceeding initiated pursuant to this section, the court shall name as respondents all persons alleged by the petition to have caused or permitted the abuse or neglect alleged in the petition. In every such case, the responsible person shall be named as respondent. Summonses shall be issued for all named respondents in accordance with section
19-3-503
.
(3)
Repealed.
(4)
If a report under section
19-3-304
or
19-3-305
is based solely on an allegation of emotional abuse as defined in section
19-1-103(1)(a)
, if requested by any party to the proceeding or upon its own motion, the court shall order a report to be prepared by an independent mental health-care provider. The independent mental health-care provider shall interview the child and the alleged perpetrator of the abuse. The costs of the report shall be split equally between the county and the party requesting the report, unless the court finds that paying such costs would cause a hardship to the party.
(5)
If a petition is filed alleging that a child is neglected or dependent based upon section
19-3-102(2)
, the county department shall engage in concurrent planning to expedite the permanency planning process for the child who is the subject of such petition.
Amended by 2014 Ch. 281,§ 3, eff. 8/6/2014.
L. 87: Entire title R&RE, p. 771, § 1, effective October 1. L. 97: (4) and (5) added, p. 1439, § 13, effective July 1. L. 2014: (3) repealed, (SB 14-203), ch. 281, p. 1142, § 3, effective August 6.
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 19-10-113 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 19-3-313 - [Repealed]

L. 87: Entire title R&RE, p. 771, § 1, effective October 1. L. 91: (3) to (7) amended and (14) added, p. 230, § 6, effective May 24. L. 96: (14) amended, p. 1586, § 12, effective July 1; (4), (5), and (7) amended and (5.5) added, p. 1287, § 2, effective 1/1/1997; (6)(b), (7)(b)(III), and (14) amended, p. 1173, § 9, effective 1/1/1997. L. 99: (5.5)(a) and (5.5)(b)(I) amended and (5.5)(b)(III) added, p. 1026, § 11, effective May 29; (5.5)(a) and (5.5)(b)(I) amended and (5.5)(b)(III) added, p. 1207, § 11, effective June 2. L. 2000: (1), (2)(e), (5), (5.5)(c), (7)(c)(I)(A), (7)(c)(I)(B), and (7)(c)(II) amended and (2)(f) and (7)(d) added, pp. 1720, 1721, §§ 1, 2, 3, effective June 1. L. 2001: (7)(b)(I), (7)(c), and (7)(d) amended and (7)(e) added, p. 854, § 3, effective July 1. L. 2002: (10) amended, p. 1527, § 232, effective October 1. L. 2003: (8) amended, p. 1622, § 37, effective August 6; entire section repealed, p. 1398, § 2, effective 1/1/2004.
For the legislative declaration contained in the 2003 act repealing this section, 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 19-3-314 - [Repealed]

L. 87: Entire title R&RE, p. 773, § 1, effective October 1. L. 90: (2)(j) and (2)(k)(I) amended, p. 1392, § 8, effective May 4; entire section repealed, p. 1012, § 8, effective July 1.
Subsections (2)(j) and (2)(k)(I) were amended in House Bill 90-1075. Those amendments were superseded by the repeal of the entire section in Senate Bill 90-61. Identical provisions were located in section
19-1-120(2)(j) and (2)(k)
until it was repealed in 1994. These provisions are now located in section
19-1-307(2)(j) and (2)(k)
.
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 19-3-315 - Federal funds

The department of human services is authorized to accept federal funds such as child abuse and neglect state grants which are available for the implementation of programs which would further the purposes of this part 3.
L. 87: Entire title R&RE, p. 775, § 1, effective October 1. L. 94: Entire section amended, p. 2683, § 200, effective July 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 19-10-117 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 19-3-316 - [Repealed]

L. 88: Entire section added, p. 744, § 14, effective July 1. L. 94: (1)(a), (2)(b), (2)(f), and (3) amended and (5) added, p. 2015, § 10, effective 1/1/1995. L. 2002: (1)(d) amended, p. 1144, § 2, effective July 1. L. 2003: (1)(a) and (5) amended, p. 1015, § 25, effective July 1. L. 2004: Entire section repealed, p. 554, § 5, 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 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-317 - Screening tool - human trafficking

On and after January 1, 2017, pursuant to the federal "Preventing Sex Trafficking and Strengthening Families Act", Pub.L. 113-183, the department and each county department, as defined in section
19-1-103
, shall implement a uniform screening tool that includes questions that are intended to identify children who are victims of human trafficking of a minor for sexual servitude, as described in section
18-3-504
, or commercial sexual exploitation of a child, or who are at risk of being such victims.
Amended by 2021 Ch. 136, § 75, eff. 10/1/2021.
Added by 2016 Ch. 101, § 3, eff. 1/1/2017.
L. 2016: Entire section added, (HB 16 -1224), ch. 291, p. 291, § 3, effective 1/1/2017. L. 2021: Entire section amended, (SB 21-059), ch. 731, p. 731, § 75, effective October 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 3 - CHILD ABUSE OR NEGLECT (§§ 19-3-301 — 19-3-318) › Section 19-3-318 - [Repealed]

Added by 2017 Ch. 227,§2, eff. 5/22/2017.
L. 2017: Entire section added, (HB 17-1283), ch. 227, p. 881, § 2, effective May 22.
Subsection (6) provided for repeal of this section, effective September 1, 2018. (See L. 2017, p. 881.)
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 4 - TEMPORARY CUSTODY AND SHELTER (§§ 19-3-401 — 19-3-407) › Section 19-3-403.5 - Temporary shelter

(1)
Temporary shelter is the temporary care of a child in a physically unrestricted setting pending a return to the child's home or placement in an appropriate alternate setting pursuant to applicable state law. Receiving temporary care in temporary shelter is voluntary and a child may leave at any time. A child may not be placed in a licensed temporary shelter facility for more than five days.
(2)
A person or entity providing temporary shelter must allow for professionals to complete assessments to determine the child's treatment needs and establish plans to safely transition the child back to the care of the child's parent, guardian, legal custodian, or kin, or to another community-based facility or home, as informed by the relative information form described in section
19-2.5-1404 (1)(b)(VIII)
. A child in temporary shelter must have access to ongoing educational services.
(3)
The general assembly strongly encourages a judicial district's juvenile services planning committee, or the judicial district if the judicial district has not established a juvenile services planning committee, to consider less restrictive settings, including kinship placement, foster care, respite care, and group homes that are small, home-like, and based in the community of the sheltered child, before relying on licensed temporary shelter facilities.
Added by 2022 Ch. 383, § 3, 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 4 - TEMPORARY CUSTODY AND SHELTER (§§ 19-3-401 — 19-3-407) › Section 19-3-404 - Temporary shelter - child's home

The court may find that it is not necessary to remove a child from his or her home to a temporary shelter facility and may provide temporary shelter in the child's home by authorizing a representative of the county or district department of human or social services, which has emergency caretaker services available, to remain in the child's home with the child until a parent, legal guardian, or relative of the child enters the home and expresses willingness and has the apparent ability, as determined by the state department, to resume charge of the child. In no event must such period of time exceed seventy-two hours. In the case of a relative, the relative is to assume charge of the child until a parent or legal guardian enters the home and expresses willingness and has the apparent ability, as determined by the state department, to resume charge of the child. The director of the county or district department of human or social services shall designate in writing the representatives of the county or district departments of human or social services authorized to perform such duties.
Amended by 2018 Ch. 38,§ 57, eff. 8/8/2018.
L. 87: Entire title R&RE, p. 778, § 1, effective October 1. L. 2018: Entire section amended, (SB 18-092), ch. 38, p. 421, § 57, effective August 8.
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 19-2-103.5 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, 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 4 - TEMPORARY CUSTODY AND SHELTER (§§ 19-3-401 — 19-3-407) › Section 19-3-407 - [Repealed]

Repealed by 2023 Ch. 20, § 2, eff. 8/7/2023.
Amended by 2021 Ch. 136, § 77, eff. 10/1/2021.
Amended by 2017 Ch. 149, § 7, eff. 8/9/2017.
Added by 2015 Ch. 263, § 10, eff. 6/2/2015.
L. 2015: Entire section added, (SB 15-087), ch. 1016, p. 1016, § 10, effective June 2. L. 2017: IP(1) and IP(1)(a) amended, (SB 17-189), ch. 500, p. 500, § 7, effective August 9. L. 2021: (4) amended, (SB 21-059), ch. 732, p. 732, § 77, effective October 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 5 - PETITION, ADJUDICATION, DISPOSITION (§§ 19-3-500.2 — 19-3-508) › Section 19-3-500.2 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
It is beneficial for a child who is removed from his or her home and placed in foster care to be able to continue relationships with his or her brothers and sisters, regardless of age, in order that the siblings may share their strengths and association in their everyday and often common experiences. The general assembly also finds that the initial decisions about temporary placement of a child may affect the ultimate permanent placement of the child or of the children in a sibling group.
(b)
When parents and other adult relatives are no longer available to a child, the child's siblings constitute his or her biological family;
(c)
When placing children in foster care, efforts should be made to place siblings together, unless there is a danger of specific harm to a child or it is not in the child's or children's best interests to be placed together. The general assembly further finds that if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, there should be a rebuttable presumption that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption should be rebuttable by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.
(2)
The general assembly also declares that nothing in this article regarding the placement of sibling groups together should be construed as requiring the removal of a child from his or her home and placement into foster care if that is not in the best interests of the child.
L. 2000: Entire section added, p. 474, § 2, effective July 1. L. 2003: (1)(c) amended, p. 2624, § 4, effective June 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 5 - PETITION, ADJUDICATION, DISPOSITION (§§ 19-3-500.2 — 19-3-508) › Section 19-3-501 - Petition initiation - preliminary investigation - informal adjustment

(1)
Whenever it appears to a law enforcement officer or other person that a child is or appears to be within the court's jurisdiction, as provided in this article 3, the law enforcement officer or other person may refer the matter to the court, which shall make a preliminary investigation to determine whether the interests of the child or of the community require that further action be taken. The probation department, county department of human or social services, or any other agency designated by the court shall make the investigation. On the basis of the preliminary investigation, the court may:
(a)
Decide that no further action is required, either in the interests of the public or of the child;
(b)
Authorize a petition to be filed; or
(c)
(I)
Make whatever informal adjustment is practicable without a petition if:
(A)
The child and his parents, guardian, or other legal custodian were informed of their constitutional and legal rights, including being represented by counsel at every stage of the proceedings;
(B)
The facts are admitted and establish prima facie jurisdiction; except that such admission shall not be used in evidence if a petition is filed; and
(C)
Written consent is obtained from the parents, guardian, or other legal custodian and also from the child, if of sufficient age and understanding.
(II)
Efforts to effect informal adjustment may extend no longer than six months.
(2)
(a)
Upon receipt of a report filed by a law enforcement agency, or any other person required to report pursuant to section
19-3-304(2)
indicating that a child has suffered abuse as defined in section
19-1-103(1)
and that the best interests of the child require that he be protected from risk of further such abuse, the court shall then authorize and may order the filing of a petition.
(b)
Upon receipt of a report, as described in paragraph (a) of this subsection (2), from any person other than those specified in said paragraph (a), the court, after such investigation as may be reasonable under the circumstances, may authorize and may order the filing of a petition.
Amended by 2018 Ch. 38,§ 59, eff. 8/8/2018.
L. 87: Entire title R&RE, p. 778, § 1, effective October 1. L. 2002: (2)(a) amended, p. 1035, § 78, effective June 1. L. 2018: IP(1) amended, (SB 18-092), ch. 38, p. 422, § 59, effective August 8.
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
19-3-101
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, 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 5 - PETITION, ADJUDICATION, DISPOSITION (§§ 19-3-500.2 — 19-3-508) › Section 19-3-504 - Contempt - warrant

(1)
Any person summoned or required to appear as provided in section
19-3-503
who has acknowledged service and fails to appear without reasonable cause may be proceeded against for contempt of court.
(2)
If after reasonable effort the summons cannot be served or if the welfare of the child requires that he be brought immediately into the custody of the court, a bench warrant may be issued for the respondent or for the child.
L. 87: Entire title R&RE, p. 781, § 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
19-3-104
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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-601 - Short title

This part 6 shall be known and may be cited as the "Parent-Child Legal Relationship Termination Act of 1987".
L. 87: Entire title R&RE, p. 787, § 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 19-11-101 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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-603 - Notice - abandonment

Before a termination of the parent-child legal relationship based on abandonment can be ordered, the petitioner shall file, only if the location of a parent remains unknown, an affidavit stating what efforts have been made to locate the parent or parents of the child subject to the motion for termination. Such affidavit shall be filed not later than ten days prior to the hearing.
L. 87: Entire title R&RE, p. 788, § 1, effective October 1. L. 97: Entire section amended, p. 521, § 9, effective July 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 19-11-104 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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-606 - Review of child's disposition following termination of the parent-child legal relationship

(1)
The court, at the conclusion of a hearing in which it ordered the termination of a parent-child legal relationship, shall order that a review hearing be held not later than ninety days after the date of the termination. At such hearing, the agency or individual vested with custody of the child shall report to the court what disposition of the child, if any, has occurred. The guardian ad litem shall provide a written report stating the guardian ad litem's position to the court based upon an independent investigation and consultation with the child regarding the disposition that is in the best interests of the child and the necessary steps to finalize the child's permanency. Counsel for youth shall provide a position statement that conveys the child's position and objectives for the child's desired disposition and necessary steps to finalize permanency. Any report required pursuant to this subsection (1) is subject to the provisions of section
19-1-309
.
(2)
If no adoption has taken place within a reasonable time and the court determines that adoption is not immediately feasible or appropriate, the court may order that provision be made immediately for alternative long-term placement of the child.
Amended by 2022 Ch. 92, § 12, eff. 1/9/2023.
L. 87: Entire title R&RE, p. 790, § 1, effective October 1. L. 89: (1) amended, p. 944, § 5, effective March 27. L. 90: (1) amended, p. 1012, § 7, effective July 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 19-11-106 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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-607 - Expert testimony

(1)
An indigent parent has the right to have appointed one expert witness of his or her own choosing whose reasonable fees and expenses, subject to the review and approval by the office of the respondent parents' counsel, shall be paid by the state of Colorado pursuant to section
19-3-610
.
(2)
All ordered evaluations shall be made available to counsel at least fifteen days prior to the hearing.
Amended by 2016 Ch. 216,§ 1, eff. 7/1/2016.
L. 87: Entire title R&RE, p. 790, § 1, effective October 1. L. 2016: (1) amended, (SB 16-205), ch. 216, p. 830, § 1, effective July 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 19-11-107 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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-608 - Effect of decree

(1)
An order for the termination of the parent-child legal relationship divests the child and the parent of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, but it shall not modify the child's status as an heir at law which shall cease only upon a final decree of adoption.
(2)
No order or decree entered pursuant to this part 6 shall disentitle a child to any benefit due him from any third person, including, but not limited to, any Indian tribe, any agency, any state, or the United States.
(3)
After the termination of a parent-child legal relationship, the former parent is not entitled to any notice of proceedings for the adoption of the child by another, nor has he any right to object to the adoption or to otherwise participate in such proceedings.
L. 87: Entire title R&RE, p. 790, § 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 19-11-108 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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-609 - Appeals - time requirements

(1)
Appeals of court decrees made under this part 6 shall be given precedence on the calendar of the appellate court over all other matters unless otherwise provided by law.
(2)
Whenever an appeal is made under this part 6, an indigent parent, upon request, shall be provided a transcript of the trial proceeding for the appeal at the expense of the state pursuant to section
19-3-610
.
(3)
All written orders by the district court from any appealable hearing must be made within thirty-five days after the hearing to provide timely permanency for the child or children who are the subject of the appeal.
Amended by 2022 Ch. 56,§3, eff. 8/10/2022.
L. 87: Entire title R&RE, p. 790, § 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 19-11-109 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2022 Ch. 56, 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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-610 - Budgetary allocation for expenses

The general assembly shall make annual appropriations to the office of the respondent parents' counsel for the purpose of meeting the expenses of sections
19-3-607(1)
and
19-3-609(2)
.
Amended by 2016 Ch. 216,§ 2, eff. 7/1/2016.
L. 87: Entire title R&RE, p. 791, § 1, effective October 1. L. 2016: Entire section amended, (SB 16-205), ch. 216, p. 830, § 2, effective July 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 19-11-110 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 6 - TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP (§§ 19-3-601 — 19-3-612) › Section 19-3-611 - [Repealed]

L. 88: Entire section added, p. 755, § 2, effective May 31. L. 91: Entire section repealed, p. 883, § 1, effective June 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 7 - REVIEW OF PLACEMENT (§§ 19-3-701 — 19-3-705) › Section 19-3-701 - [Repealed]

L. 87: Entire title R&RE, p. 791, § 1, effective October 1. L. 91: (1) amended, p. 1159, § 4, effective July 1. L. 92: (2) amended, p. 225, § 12, effective July 1. L. 93: (1) amended, p. 1637, § 24, effective July 1; (1) amended, p. 1139, § 75, effective 7/1/1994. L. 94: (2)(c) and (6) amended, p. 2686, § 206, effective July 1. L. 96: (6) amended, p. 1247, § 117, effective August 7. L. 97: (6) amended, p. 1441, § 19, effective July 1. L. 99: (2)(c) and (6) amended, p. 912, § 8, effective July 1. L. 2007: Entire section repealed, p. 1509, § 5, effective May 31.
For the legislative declaration contained in the 2007 act repealing this section, see section 1 of chapter 351, Session Laws of Colorado 2007.
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 7 - REVIEW OF PLACEMENT (§§ 19-3-701 — 19-3-705) › Section 19-3-702.5 - Periodic reviews

(1)
The court shall conduct a periodic review at least every six months and, at the periodic review, shall determine the following:
(a)
Whether the child's or youth's safety is protected in the placement;
(b)
Whether reasonable efforts have been made to find safe and permanent placement for the child or youth;
(c)
The continuing necessity for and the appropriateness of the child's or youth's placement;
(d)
The extent of compliance with the individual case plan pursuant to section
19-3-209
, and the extent of progress that has been made toward alleviating or mitigating the causes necessitating placement out of the home;
(e)
A likely time frame in which the child or youth will be returned to a parent or legal guardian or be in a safe and permanent home; and
(f)
If the child or youth is not likely to be returned to a parent or legal guardian within six months, a finding about whether the child or youth is in a potential permanent placement and if not, a likely time frame when he or she will be in a safe and permanent home.
Added by 2019 Ch. 237,§ 2, eff. 8/2/2019.
L. 2019: Entire section added, (HB 19-1219), ch. 2354, p. 2354, § 2, effective August 2.
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 7 - REVIEW OF PLACEMENT (§§ 19-3-701 — 19-3-705) › Section 19-3-703 - [Repealed]

Repealed by 2019 Ch. 237,§3, eff. 8/2/2019.
L. 94: Entire section added, p. 2058, § 10, effective July 1. L. 98: Entire section amended, p. 822, § 28, effective August 5. L. 2001: Entire section amended, p. 851, § 12, effective June 1. L. 2019: Entire section repealed, (HB 19-1219), ch. 237, p. 2355, § 3, effective August 2.
For the legislative declaration contained in the 2001 act amending this section, see section 1 of chapter 241, Session Laws of Colorado 2001.
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 7 - REVIEW OF PLACEMENT (§§ 19-3-701 — 19-3-705) › Section 19-3-704 - Youth with disabilities - incapacitated persons

(1)
A party may request the court to determine whether a youth is an incapacitated person, as defined in section
15-14-102
. The motion must be filed with the court prior to the youth's eighteenth birthday.
(2)
If there has been a determination, or if a determination is pending, that a youth is an incapacitated person, as defined in section
15-14-102
, then jurisdiction continues as provided in section
19-3-205
.
Added by 2021 Ch. 340,§7, eff. 6/25/2021.
L. 2021: Entire section added, (HB 21-1094), ch. 2217, p. 2217, § 7, effective June 25.
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 8 - [Repealed] (§ 19-3-801) › Section 19-3-801 - to 19-3-805 - [Repealed]

Section 19-3-805 provided for the repeal of this part 8, effective 7/1/2019
Added by 2016 Ch. 253, § 1, eff. 6/8/2016.
L. 2016: Entire part added, (HB 16-1377), ch. 253, p. 1035, § 1, effective June 8.
(1) This part 8 was added in 2016 and was not amended prior to its repeal in 2019.
(2) Section 19-3-805 provided for the repeal of this part 8, effective July 1, 2019. (See L. 2016, p. 1043.)
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 9 - TASK FORCE ON HIGH-QUALITY PARENTING TIME (§§ 19-3-901 — 19-3-905) › Section 19-3-901 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Colorado has a strong interest in preserving and strengthening family ties and reducing separation trauma to children who are removed from their birth parents;
(b)
The removal and subsequent continued separation between child and birth parent makes sustaining primary relationships difficult and reunification more problematic, and the loss a child experiences when separated from his or her birth parent or parents is profound, sometimes lasting into adulthood;
(c)
For these reasons, it is important to establish clear standards to achieve consistent practices relating to the availability of high-quality parenting time for children who have been removed from a birth parent by government action; and
(d)
Clear standards and consistent practices will help ensure that all parents and children have a fair process for determining a parenting time plan that is in the best interests of children and that promotes positive outcomes for families.
(2)
Therefore, the general assembly declares that it is valuable to create a task force of persons with experience in or knowledge of the child welfare policy system to examine the current policies and statutes governing parenting time, to study best practices for the provision of and determination of individualized plans for parenting time, and to make recommendations to the executive branch and to the general assembly on administrative and legislative changes to support high-quality parenting time in Colorado.
Added by 2021 Ch. 481,§5, eff. 7/7/2021.
L. 2021: Entire part added, (HB 21-1101), ch. 3430, p. 3430, § 5, effective July 7.
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 9 - TASK FORCE ON HIGH-QUALITY PARENTING TIME (§§ 19-3-901 — 19-3-905) › Section 19-3-902 - Definitions

As used in this part 9, unless the context otherwise requires:
(1)
"County department" means a county department of human or social services.
(2)
"Parenting time" means any form of contact or engagement between parents, legal custodians, or guardians and children when children are placed in out-of-home care in a case brought pursuant to this article 3.
(3)
"State department" means the state department of human services.
(4)
"Steering committee" means the task force steering committee created in section
19-3-903
.
(5)
"Task force" means the task force on high-quality parenting time created in section
19-3-903
.
Added by 2021 Ch. 481, § 5, eff. 7/7/2021.
L. 2021: Entire part added, (HB 21-1101), ch. 3430, p. 3430, § 5, effective July 7.
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 9 - TASK FORCE ON HIGH-QUALITY PARENTING TIME (§§ 19-3-901 — 19-3-905) › Section 19-3-905 - Repeal of part

This part 9 is repealed, effective July 1, 2025.
Amended by 2023 Ch. 284,§ 21, eff. 6/1/2023.
Added by 2021 Ch. 481, § 5, eff. 7/7/2021.
L. 2021: Entire part added, (HB 21-1101), ch. 3435, p. 3435, § 5, effective July 7.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 3.1 - DEPENDENCY PROCEEDINGS FOR UNACCOMPANIED CHILDREN IN FEDERAL CUSTODY (§ 19-3.1-101) › Section 19-3.1-101 - [Effective until 8/7/2024] Petition for dependency order for unaccompanied children in federal custody - definition

(1)
When an unaccompanied child in the custody of the federal office of refugee resettlement housed in a facility in Colorado has been subjected to parental abuse or neglect as defined in section
19-1-103 (1)(a)
or subjected to the parental actions and omissions listed in section
19-3-102
, that child may file a petition for a dependency order pursuant to this section with the juvenile court in the judicial district where the child is housed.
(2)
(a)
The petition must:
(I)
Set forth the facts that bring the child under the court's jurisdiction pursuant to subsection (1) of this section;
(II)
State the child's name, age, and country of birth; and
(III)
Identify the facility in Colorado where the child is housed in the custody of the federal office of refugee resettlement.
(b)
The statements in the petition may be made upon information and belief.
(c)
The petition must not name the child's parent as a respondent. The petition must state clearly that parental rights may not be terminated through proceedings under this section.
(3)
The court shall schedule a hearing within thirty-five days after the petition is filed, unless a motion is made for a forthwith hearing because the child is approaching eighteen years of age or other emergent circumstances, in which case the court shall schedule the hearing within seven days. If the court finds the statements in the petition are supported by a preponderance of the evidence, the court shall declare the child dependent on the court. A child declared dependent pursuant to this section is eligible for oversight and services by the office of the child protection ombudsman pursuant to section
19-3.3-103 (1)
(a.5). Upon request, the court may also issue an order establishing the child's eligibility for classification as a special immigrant juvenile under federal law. The order may be entered at any time following the filing of the petition or at the hearing.
(4)
The court shall not alter the child's custody status or placement unless the federal department of health and human services provides specific consent.
(5)
The court may retain jurisdiction over the child until the child reaches eighteen years of age or until further order of the court.
(6)
For purposes of this section, "dependent on the court" means a youth is under the juvenile court's jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section
19-3-102
, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section
19-1-103 (1)(a)
; and the youth is in need of oversight and supportive services as determined by the court.
Added by 2022 Ch. 391, § 1, eff. 6/7/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.