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 8/7/2024] Petition for dependency order for unaccompanied children or youth 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)
(a)
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 may be 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, including:
(I)
Declaring the child dependent;
(II)
Determining that reunification of the child with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this subsection (3)(a)(II), "abandonment" includes, but is not limited to, the death of one or both parents.
(III)
Determining that it is not in the best interests of the child to be returned to the child's or parents' previous country of nationality or country of last habitual residence.
(b)
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.
Amended by 2024 Ch. 33,§ 5, eff. 8/7/2024.
Added by 2022 Ch. 391, § 1, eff. 6/7/2022.
2024 Ch. 33, 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.