2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 1 - GENERAL PROVISIONS (§§ 19-1-101 — 19-1-401) › Part 1 - GENERAL PROVISIONS (§§ 19-1-101 — 19-1-131) › Section 19-1-104 - [Effective until 8/7/2024] Jurisdiction

(1)
Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings:
(a)
Concerning any child committing a delinquent act, as defined in section
19-2.5-102
;
(b)
Concerning any child who is neglected or dependent, as set forth in section
19-3-102
;
(c)
To determine the legal custody of any child or to appoint a guardian of the person or legal custodian of any child who comes within the juvenile court's jurisdiction under provisions of this section, and may also enter findings and orders as described in section
14-10-123
(1.5) and section
15-14-204
(2.5);
(d)
To terminate the legal parent-child relationship;
(e)
For the issuance of orders of support under article
6
of this title;
(f)
To determine the parentage of a child and to make an order of support in connection therewith;
(g)
For the adoption of a person of any age;
(h)
For judicial consent to the marriage, employment, or enlistment of a child, when such consent is required by law;
(i)
For the treatment or commitment pursuant to article
23
of title
17
and part 2 of article
10
of title
25.5
of a child who has a behavioral or mental health disorder or an intellectual and developmental disability and who comes within the court's jurisdiction under other provisions of this section;
(j)
Under the interstate compact on juveniles, part 7 of article
60
of title
24
, C.R.S.;
(k)
To make a determination concerning a petition filed pursuant to the "School Attendance Law of 1963", article
33
of title
22
, C.R.S., and to enforce any lawful order of court made thereunder;
(l)
To make a determination concerning a petition for review of need for placement in accordance with the provisions of section
19-1-115 (8)
;
(m)
To decide the appeal of any child found to be in contempt of a municipal court located within the jurisdiction of the juvenile court, if confinement of the child is ordered by the municipal court;
(n)
Concerning any youth who is voluntarily participating in the foster youth in transition program established in section
19-7-303
.
(1.5)
A juvenile court exercising jurisdiction pursuant to subsection (1)(a), (1)(b), (1)(c), (1)(f), or (1)(g) of this section may enter findings establishing eligibility for classification as a special immigrant juvenile under federal law.
(2)
Except as otherwise provided by law, the juvenile court shall have jurisdiction in proceedings concerning any adult who abuses, ill-treats, neglects, or abandons a child who comes within the court's jurisdiction under other provisions of this section.
(3)
(a)
Upon hearing after prior notice to the child's parent, guardian, or legal custodian, the court may issue temporary orders providing for legal custody, protection, support, medical evaluation or medical treatment, surgical treatment, psychological evaluation or psychological treatment, or dental treatment as it deems in the best interest of any child concerning whom a petition has been filed prior to adjudication or disposition of his case.
(b)
Notwithstanding the provisions of paragraph (a) of this subsection (3), the court may, on the basis of a report that a child's welfare may be endangered, and if the court believes that a medical evaluation or emergency medical or surgical treatment is reasonably necessary, issue ex parte emergency orders. Where the need for a medical evaluation or medical or surgical emergency orders arises and the court is not in regular session, the judge or magistrate may give oral or telephone authorization for the necessary medical evaluation or emergency medical, surgical, or hospital care, which authorization shall have the same force and effect as if written, the same to be followed by a written order to enter on the first regular court day thereafter. Such written order shall make specific findings of fact that such emergency existed. Prior to the entry of any emergency order, reasonable effort shall be made to notify the parents, guardian, or other legal custodian for the purpose of gaining consent for such care; except that, if such consent cannot be secured and the child's welfare so requires, the court may authorize needed medical evaluation or emergency medical, surgical, or hospital care. Such ex parte emergency orders shall expire twenty-four hours after issuance; except that, at any time during such twenty-four-hour period, the parents, guardian, or other legal custodian may apply for a hearing to set aside the ex parte emergency order.
(4)
Nothing in this section shall deprive the district court of jurisdiction to appoint a guardian for a child nor of jurisdiction to determine the legal custody of a child upon writ of habeas corpus or when the question of legal custody is incidental to the determination of a cause in the district court; except that:
(a)
If a petition involving the same child is pending in juvenile court or if continuing jurisdiction has been previously acquired by the juvenile court, the district court shall certify the question of legal custody to the juvenile court; and
(b)
The district court at any time may request the juvenile court to make recommendations pertaining to guardianship or legal custody.
(5)
Where a custody award or an order allocating parental responsibilities with respect to a child has been made in a district court in a dissolution of marriage action or another proceeding and the jurisdiction of the district court in the case is continuing, the juvenile court may take jurisdiction in a case involving the same child if the child comes within the jurisdiction of the juvenile court. The juvenile court shall provide notice in compliance with the Colorado rules of civil procedure; except that service must be effected not less than seven business days prior to the hearing. The notice must be written in clear language stating that the hearing concerns the allocation of parental responsibilities. When creating or modifying an existing order, the juvenile court shall proceed as set forth in subsection (6) of this section for a dependency and neglect proceeding pursuant to article
3
of this title 19, or as set forth in subsection (8) of this section for a juvenile delinquency case pursuant to article
2.5
of this title 19.
(6)
(a)
When a district court in this state does not have continuing jurisdiction over a child custody proceeding concerning the child, or a juvenile court in this state maintains jurisdiction pursuant to subsection (5) of this section and the "Uniform Child-custody Jurisdiction and Enforcement Act", article
13
of title
14
, the juvenile court has jurisdiction to enter a permanent order allocating parental responsibilities and addressing parenting time and child support matters upon the petition of a party if:
(I)
All parents, legal guardians, and legal custodians have an adjudication pursuant to section
19-3-505 (7)
or continued adjudication pursuant to section
19-3-505 (5)
entered by a court; or
(II)
At least one parent, legal guardian, or legal custodian has an adjudication pursuant to section
19-3-505 (7)
or continued adjudication pursuant to section
19-3-505 (5)
and other parents, legal guardians, or legal custodians who do not have an adjudication or continued adjudication consent to jurisdiction.
(b)
The parent or person other than a parent with whom the child resides the majority of the time pursuant to the juvenile court's order shall file a certified copy of the order in the district court in the county where the child is permanently resident. Such order must be treated in the district court as any other decree issued in a proceeding concerning the allocation of parental responsibilities.
(7)
Upon motion of the city or county attorney, guardian ad litem, counsel for youth, or respondent parent counsel, the district or the juvenile court has jurisdiction to enter a civil protection order pursuant to article
14
of title
13
in actions brought pursuant to article
3
of this title 19 or part 3 of article
7
of this title 19. The court shall use the standardized forms developed by the judicial department pursuant to section
13-1-136
and shall follow the standards and procedures for the issuance of civil protection orders set forth in article
14
of title
13
, including but not limited to personal service upon the restrained person. Once issued, the clerk of the issuing court shall enter the civil protection order into the computerized central registry of protection orders created pursuant to section
18-6-803.7
. If the person who is the subject of the civil protection order has not been personally served pursuant to section
13-14-107 (3)
, a peace officer responding to a call for assistance shall serve a copy of the civil protection order on the person who is subject to the order. If the civil protection order is made permanent pursuant to the provisions of section
13-14-106
, the civil protection order remains in effect upon termination of the juvenile court action. The clerk of the court issuing the order shall file a certified copy of the permanent civil protection order into an existing case in the district court, if applicable, or with the county court in the county where the protected party resides. Civil protection orders issued by the district or the juvenile court pursuant to article
14
of title
13
have the same force and effect as protection orders issued pursuant to article
14
of title
13
by a court with concurrent jurisdiction.
(8)
(a)
Upon submission of a stipulated agreement of all parties, parents, guardians, and other legal custodians, if the juvenile court finds that it is in the best interests of the juvenile, the juvenile court may enter an order allocating parental responsibilities and addressing parenting time and child support matters when:
(I)
The juvenile court has maintained jurisdiction in a case involving an adjudicated juvenile, a juvenile with a deferred adjudication, or a juvenile on a management plan developed pursuant to section
19-2.5-704 (3)
;
(II)
A child custody action, a dependency and neglect action, or an action for allocation of parental responsibilities concerning the same juvenile is not pending in a district court of this state, and the court complies, as applicable, with the requirements of the "Uniform Child-custody Jurisdiction and Enforcement Act", as set forth in article
13
of title
14
; and
(III)
All parties, parents, guardians, and other legal custodians involved are in agreement, or after notice is given to all parents, guardians, and other legal custodians and a response or objection is not filed.
(b)
The parent or person other than a parent with whom the juvenile resides the majority of the time pursuant to a juvenile court order shall file a certified copy of the order in the district court in the county where the juvenile is a permanent resident. The district court shall treat the order as with any other decree issued in a proceeding concerning the allocation of parental responsibilities.
Amended by 2023 Ch. 67,§ 1, eff. 8/7/2023.
Amended by 2021 Ch. 136, § 60, eff. 10/1/2021.
Amended by 2021 Ch. 340, § 3, eff. 6/25/2021.
Amended by 2020 Ch. 216, § 34, eff. 6/30/2020.
Amended by 2019 Ch. 55, § 6, eff. 3/28/2019.
Amended by 2017 Ch. 137, § 1, eff. 8/9/2017.
Amended by 2017 Ch. 263, § 149, eff. 5/25/2017.
Amended by 2017 Ch. 96, § 1, eff. 4/4/2017.
L. 87: Entire title R&RE, p. 698, § 1, effective October 1. L. 91: (3)(b) amended, p. 360, § 24, effective April 9. L. 92: (3) amended, p. 173, § 1, effective April 16. L. 97: (6) added, p. 516, § 3, effective July 1. L. 98: (1)(a) amended, p. 820, § 21, effective August 5; (5) and (6) amended, p. 1405, § 61, effective 2/1/1999. L. 2001: (1)(k) amended, p. 870, § 2, effective June 1. L. 2006: (1)(i) amended, p. 1399, § 51, effective August 7. L. 2008: (1)(l) amended, p. 1891, § 59, effective August 5. L. 2017: (7) added, (HB 17 -1111), ch. 290, p. 290, § 1, effective April 4; (1)(i) amended, (SB 17-242), ch. 1309, p. 1309, § 149, effective May 25; (5) amended and (8) added, (HB 17-1110), ch. 458, p. 458, § 1, effective August 9. L. 2019: IP(1) and (1)(c) amended and (1.5) added, (HB 19 -1042), ch. 194, p. 194, § 6, effective March 28. L. 2020: (1)(i) amended, (HB 20-1402), ch. 1048, p. 1048, § 34, effective June 30. L. 2021: (1)(n) added and (7) amended, (HB 21-1094), ch. 2215, p. 2215, § 3, effective June 25; (1)(a), (5), and (8)(a)(I) amended, (SB 21-059), ch. 725, p. 725, § 60, 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 § 19-1-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Ch. 67, 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.
(1) For the jurisdiction of the juvenile court of Denver, see § 13-8-103 ; for the exemption from criminal responsibility for insufficient age, see § 18-1-801 . (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.