This is the Colorado Children's Code (Title 19), a broad child welfare statute governing juvenile justice, dependency and neglect proceedings, adoption, foster care, and related child protection matters. It establishes definitions, court procedures, mandatory reporting frameworks, and placement standards for children in Colorado. It does not license or set operating standards for any specific behavioral health, IDD, ABA, or clinical treatment facility type.
View official sourceColorado Revised Statutes 2026
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TITLE 19
CHILDREN'S CODE
Editor's note: This title was numbered as chapter 22, C.R.S. 1963. The substantive provisions
of this title were repealed and reenacted in 1987, resulting in the addition, relocation, and
elimination of sections as well as subject matter. For amendments to this title prior to 1987,
consult the Colorado statutory research explanatory note and the table itemizing the replacement
volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the
front of this volume. Former C.R.S. section numbers are shown in editor's notes following those
sections that were relocated. For a detailed comparison of this title, see the comparative tables
located in the back of the index.
Art. 1. General Provisions, 19-1-101 to 19-1-309.5.
Art. 1.2. Colorado Indian Child Welfare Act, 19-1.2-101 to 19-1.2-132.
Art. 1.5. Task Force Study to Recodify Code (Repealed).
Art. 2. The Colorado Juvenile Justice System (Repealed).
Art. 2.5. The Colorado Juvenile Justice System, 19-2.5-101 to 19-2.5-1532.
Art. 3. Dependency and Neglect, 19-3-100.5 to 19-3-705.
Art. 3.1. Dependency Proceedings for Unaccompanied Children or Youth in Federal
Custody, 19-3.1-101.
Art. 3.3. Office of the Child Protection Ombudsman, 19-3.3-101 to 19-3.3-113.
Art. 3.5. Colorado Child Abuse Prevention Trust Fund Act (Repealed).
Art. 4. Uniform Parentage Act, 19-4-101 to 19-4-130.
Art. 4.5. Colorado Surrogacy Agreement Act, 19-4.5-101 to 19-4.5-114.
Art. 5. Relinquishment and Adoption, 19-5-100.2 to 19-5-403.
Art. 5.5. Uniform Unregulated Child Custody Transfer Act, 19-5.5-101 to 19-5.5-403.
Art. 6. Support Proceedings, 19-6-101 to 19-6-107.
Art. 7. Youth in Foster Care, 19-7-101 to 19-7-315.
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ARTICLE 1
General Provisions
PART 1
GENERAL PROVISIONS
19-1-101. Short title.
19-1-102. Legislative declaration.
19-1-103. Definitions.
19-1-103.5. Other definitions. (Repealed)
19-1-104. Jurisdiction.
19-1-105. Right to counsel and jury
trial.
19-1-106. Hearings - procedure -
record.
19-1-107. Social study and other
reports.
19-1-108. Magistrates - qualifications -
duties.
19-1-109. Appeals - child welfare
appeals workgroup -
created.
19-1-110. Previous orders and decrees -
force and effect.
19-1-111. Appointment of guardian ad
litem.
19-1-111.5. Court-appointed special
advocate.
19-1-112. Search warrants for the
protection of children.
19-1-113. Emergency protection orders.
19-1-114. Order of protection.
19-1-115. Legal custody - guardianship
- placement out of the
home - petition for review
for need of placement -
rules.
19-1-115.3. Missing children and youth
from out-of-home
placement - required
reporting to law
enforcement.
19-1-115.5. Placement of children out of
home - legislative
declaration.
19-1-115.7. Foster care prevention
services - provision of
services - rights and
remedies - exchange of
information.
19-1-116. Funding - alternatives to
placement out of the
home - services to
prevent continued
involvement in child
welfare system.
19-1-117. Visitation rights of
grandparents or great-
grandparents. (Repealed)
19-1-117.5. Disputes concerning
grandparent or great-
grandparent visitation.
(Repealed)
19-1-117.6. Definitions. (Repealed)
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19-1-117.7. Requests for placement -
legal custody by
grandparents. (Repealed)
19-1-118. Court records - inspection.
(Repealed)
19-1-119. Confidentiality of juvenile
records - delinquency.
(Repealed)
19-1-120. Confidentiality of records -
dependency and neglect.
(Repealed)
19-1-121. Confidentiality of records -
"Uniform Parentage Act".
(Repealed)
19-1-122. Confidentiality of records -
relinquishments and
adoptions. (Repealed)
19-1-123. Expedited procedures for
permanent placement -
children under the age of
six years - designated
counties.
19-1-124. Providers of children's
services using federal or
state moneys - use of
state accounting
standards.
19-1-125. Family stabilization services.
19-1-126. Compliance with the federal
"Indian Child Welfare Act
of 1978". (Repealed)
19-1-127. Responsibility for placement
and care.
19-1-128. Foster care sibling visits -
rules. (Repealed)
19-1-129. Department - research
authorized - prenatal
substance exposure -
newborn and family
outcomes - report.
19-1-130. Access to services related to
out-of-home placement -
definitions.
19-1-131. Children of parents who are
incarcerated - rules.
PART 2
COURT-APPOINTED SPECIAL
ADVOCATE PROGRAM
19-1-201. Legislative intent.
19-1-202. Creation of CASA programs.
19-1-203. Program director.
19-1-204. Training requirements.
19-1-205. Selection of CASA
volunteers.
19-1-206. Appointment of CASA
volunteers.
19-1-207. Restrictions.
19-1-208. Duties of CASA volunteer.
19-1-209. Role and responsibilities of
guardians ad litem - other
parties.
19-1-210. Access to information.
19-1-211. Confidentiality.
19-1-212. Liability.
19-1-213. State CASA entity - duties -
state court administrator
duties - state court-
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appointed special
advocate fund -
definitions.
PART 3
RECORDS AND INFORMATION
19-1-301. Short title.
19-1-302. Legislative declaration.
19-1-303. General provisions -
delinquency and
dependency and neglect
cases - exchange of
information - civil
penalty - rules -
definitions.
19-1-304. Juvenile delinquency records
- division of youth
services critical incident
information - definitions.
19-1-305. Operation of juvenile
facilities.
19-1-306. Expungement of juvenile
delinquent records -
definition.
19-1-307. Dependency and neglect
records and information -
access - fee - records and
reports fund - misuse of
information - penalty -
adult protective services
data system check - rules
- repeal.
19-1-308. Parentage information.
19-1-309. Relinquishments and
adoption information.
19-1-309.3. Exchange of information for
child support purposes -
process.
19-1-309.5. Adoptive family resource
registry.
19-1-310. Information related to
intervention and
prevention programs -
review and evaluation of
programs. (Repealed)
19-1-311. Centralized integrated data
base system for children
and families - strategic
business plan -
technology plan -
children's information
management committee -
report. (Repealed)
19-1-312. Central registry phase out -
implementation plan -
repeal. (Repealed)
PART 4
PREVENTION PROGRAMS FUNDED
THROUGH STATE AGENCIES
19-1-401 to
19-1-403. (Repealed)
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PART 1
GENERAL PROVISIONS
19-1-101. Short title.
This title shall be known and may be cited as the "Colorado Children's Code".
Source: L. 87: Entire title R&RE, p. 695, § 1, effective October 1.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987.
This section, as it existed in 1987, is the same as 19 -1-101 as said section existed in 1986, the
year prior to the repeal and reenactment of this title.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
An award of custody must serve the
public as well as the best interests of the
child. S.F.E. in Interest of T.I.E., 981 P.2d
642 (Colo. App. 1998).
In determining custody in dependency
and neglect hearing, juvenile court
committed reversible error by failing to
consider any purposes of this Colorado
Children's Code and in relying solely on a
limited number of purposes set forth in §14 -
10-124. L.A.G. v. People in Interest of
A.A.G., 912 P.2d 1385 (Colo. 1996).
Applied in Lovato v. Dist. Court, 198
Colo. 419, 601 P.2d 1072 (1979).
19-1-102. Legislative declaration.
(1) The general assembly declares that the purposes of this title are:
(a) To secure for each child subject to these provisions such care and guidance, preferably in
his own home, as will best serve his welfare and the interests of society;
(b) To preserve and strengthen family ties whenever possible, including improvement of
home environment;
(c) To remove a child from the custody of his parents only when his welfare and safety or the
protection of the public would otherwise be endangered and, in either instance, for the courts to
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proceed with all possible speed to a legal determination that will serve the best interests of the
child; and
(d) To secure for any child removed from the custody of his parents the necessary care,
guidance, and discipline to assist him in becoming a responsible and productive member of
society.
(1.5) (a) The general assembly declares that it is in the best interests of the child who has
been removed from his own home to have the following guarantees:
(I) To be placed in a secure and stable environment;
(II) To not be indiscriminately moved from foster home to foster home; and
(III) To have assurance of long-term permanency planning.
(b) (Deleted by amendment, L. 92, p. 220, § 1, effective July 1, 1992.)
(1.6) The general assembly recognizes the numerous studies establishing that children
undergo a critical bonding and attachment process prior to the time they reach six years of age.
Such studies further disclose that a child who has not bonded with a primary adult during this
critical stage will suffer significant emotional damage which frequently leads to chronic
psychological problems and antisocial behavior when the child reaches adolescence and
adulthood. Accordingly, the general assembly finds and declares that it is appropriate to provide
for an expedited placement procedure to ensure that children under the age of six years who have
been removed from their homes are placed in permanent homes as expeditiously as possible.
(1.7) The general assembly further declares that it is the intent of the general assembly to
have the media and the courts refrain from causing undue hardship, discomfort, and distress to
any juvenile victims of sexual assault, child abuse, incest, or any offenses listed in wrongs to
children pursuant to part 4 of article 6 of title 18, C.R.S., by not disseminating or publishing the
names of such victims.
(1.9) The federal "Family First Prevention Services Act" was enacted on February 9, 2018.
In order to comply with the provisions of the federal "Family First Prevention Services Act", the
general assembly finds that it is necessary to update current statutes to enable Colorado to
provide enhanced support to children, juveniles, or youth, and their families in order to prevent
foster care placements. The state department of human services shall implement the updated
provisions in this title 19 utilizing prevention services and qualified residential treatment
programs when the federal government approves Colorado's five-year Title IV-E prevention plan,
and subject to available general fund appropriations or federal funding.
(2) To carry out these purposes, the provisions of this title shall be liberally construed to
serve the welfare of children and the best interests of society.
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Source: L. 87: Entire title R&RE, p. 695, § 1, effective October 1. L. 88: (1.5) added, p. 755,
§ 1, effective May 31. L. 90: (1.7) added, p. 1007, § 1, effective July 1. L. 92: (1.5) amended, p.
220, § 1, effective July 1. L. 94: (1.6) added, p. 2051, § 1, effective July 1. L. 2019: (1.9) added,
(HB 19-1308), ch. 256, p. 2458, § 2, effective August 2. L. 2020: (1.9) amended, (SB 20 -162),
ch. 221, p. 1087, § 1, effective July 2; (1.9) amended, (HB 20 -1402), ch. 216, p. 1047, § 32,
effective June 30.
Editor's note: (1) This section was contained in a title that was repealed and reenacted in
1987. This section, as it existed in 1987, is the same as 19 -1-102 as said section existed in 1986,
the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (1.9) by SB 20-162 and HB 20-1402 were harmonized.
Cross references: For the "Family First Prevention Services Act", see Pub.L. 115-123.
ANNOTATION
Law reviews. For article, "Juvenile
Delinquency in Colorado: The Law's
Response to Society's Need", see 31 Rocky
Mt. L. Rev. 1 (1958). For article, "One Year
Review of Criminal Law and Procedure",
see 40 Den. L. Ctr. J. 89 (1963). For note,
"Juvenile Delinquency — Colorado's
Unassumed Burden", see 36 U. Colo. L.
Rev. 519 (1964). For article, "Children in
Need: Observations of Practice of the
Denver Juvenile Court", see 51 Den. L.J.
337 (1974). For comment, "Bastardizing the
Legitimate Child: The Colorado Supreme
Court Invalidates the Uniform Parentage Act
Presumption of Legitimacy in R. McG. v.
J.W.", see 59 Den. L.J. 157 (1981). For
article, "The Role of Parents' Counsel in
Dependency and Neglect Proceedings —
Part II", see 14 Colo. Law. 794 (1985). For
article, "Disclosure and Discovery in
Dependency and Neglect Cases", see 54
Colo. Law. 44 (Jan.-Feb. 2025).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The provisions of this title must be read
and construed together. To hold otherwise
would open the door to endless confusion
and a myriad of conflicting jurisdictional
claims respecting the interests of children in
this state. Geisler v. People in Interest of
Geisler, 135 Colo. 121, 308 P.2d 1000
(1957).
The Colorado Children's Code must be
liberally construed. People in Interest of
M.K.A., 182 Colo. 172, 511 P.2d 477
(1973).
Provisions of the Children's Code should
be liberally construed to accomplish the
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purpose and to effectuate the intent of the
general assembly. R.M. v. District Court,
191 Colo. 42, 550 P.2d 346 (1976).
In the best interest of child and society.
When the general assembly said that "this
title shall be liberally construed", it meant
that it should be construed favorably to the
best interests of the child and society. City &
County of Denver v. Juvenile Court, 182
Colo. 157, 511 P.2d 898 (1973); People in
Interest of A.R.M., 832 P.2d 1093 (Colo.
App. 1992).
Purpose of code. One of the underlying
purposes of the Colorado Children's Code is
to create distinction between adults and
children who violate law. In re People in
Interest of B.M.C., 32 Colo. App. 79, 506
P.2d 409 (1973).
The Colorado Children's Code's sole
emphasis is on rehabilitating children,
assisting them in becoming responsible and
productive members of society, and
preventing them, while at an impressionable
and vulnerable age, from becoming
criminals. People in Interest of M.C., 750
P.2d 69 (Colo. App. 1987), aff'd, 774 P.2d
857 (Colo. 1989).
The overriding purpose of the
Colorado Children's Code is to protect the
welfare and safety of Colorado children by
providing procedures through which their
best interests can be served. L.G. v. People,
890 P.2d 647 (Colo. 1995); People ex rel.
C.M., 116 P.3d 1278 (Colo. App. 2005);
People ex rel. B.C., 122 P.3d 1067 (Colo.
App. 2005).
To this end, dependency or neglect
proceedings focus primarily on the
protection and safety of children susceptible
to harm from the effect of abuse and neglect,
not on the custodial interests of the parent.
People ex rel. C.M., 116 P.3d 1278 (Colo.
App. 2005); People ex rel. B.C., 122 P.3d
1067 (Colo. App. 2005).
The purposes of the Colorado
Children's Code are quite different from
the purposes of the Criminal Code, and an
amendment furthering the purposes of one
cannot be deemed invalid on the ground that
such legislation is contrary to the purposes
of the other. People v. Juvenile Court, 893
P.2d 81 (Colo. 1995).
The adoption of the Colorado
Children's Code and the establishment of
a juvenile court was based on a legislative
conclusion that adjudication of issues
arising from the conduct of young persons
must focus on the protection and
rehabilitation of such persons. But the
Children's Code expressly recognizes the
necessity of balancing the primary concern
for protecting and nurturing young persons
with concern for the safety of all members
of society. People v. Juvenile Court, 893
P.2d 81 (Colo. 1995).
Consecutive commitments. Since the
purposes of the Colorado Children's Code
focus on the protection of society and the
rehabilitation of the offender, such purposes
may be fostered by the imposition of
consecutive commitments. People in Interest
of S.A.E., 724 P.2d 100 (Colo. App. 1986),
overruled in S.G.W. v. People, 752 P.2d 86,
(Colo. 1988).
State's interest relative to preventing
delinquent children from becoming adult
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criminals is compelling. People in Interest
of M.C., 750 P.2d 69 (Colo. App. 1987),
aff'd, 774 P.2d 857 (Colo. 1989).
Prosecution of juveniles under
municipal ordinance does not conflict
with Colorado Children's Code and,
although municipalities are not prohibited
from adopting same procedures as
Children's Code, municipalities are not
required to follow such procedures. R.E.N.
v. City of Colo. Springs, 823 P.2d 1359
(Colo. 1992).
Colorado Children's Code does not
require that juvenile proceedings in
municipal courts be civil in nature as
Children's Code and ordinances of
municipality on juvenile proceedings do not
conflict. R.E.N. v. City of Colo. Springs,
823 P.2d 1359 (Colo. 1992).
Intent of general assembly that the
Colorado Children's Code apply only to
juvenile proceedings in juvenile court, and
not to municipal court proceedings
involving prosecution of juveniles under
municipal ordinances. R.E.N. v. City of
Colo. Springs, 823 P.2d 1359 (Colo. 1992).
Since a person under age 18 can only be
charged with an offense in the manner
permitted by the Colorado Children's
Code, the county court had no jurisdiction to
entertain or to dispose of the merits of the
proceeding involving an offense alleged
against a juvenile and was without authority
to go further than merely dismissing the case
without prejudice for lack of jurisdiction.
People in Interest of C.O., 870 P.2d 1266
(Colo. App. 1994).
Public policy. The public policy of the
state is to provide for a neglected and
dependent child in a manner that will best
serve his welfare and the interests of society.
In re People in Interest of M.M., 184 Colo.
298, 520 P.2d 128 (1974); People in Interest
of M.B., 188 Colo. 370, 535 P.2d 192
(1975).
The juvenile system is premised on the
concept that a more informal, simple, and
speedy judicial setting will best serve the
needs and welfare of juvenile defendants.
The designs of the juvenile system,
however, must be tempered with procedural
rules that recognize the children who
commit serious offenses may need to be
treated differently than other juveniles. J.T.
v. O'Rourke ex rel. Tenth Judicial Dist., 651
P.2d 407 (Colo. 1982).
A parent has a fundamental liberty
interest in the care, custody, and
management of a child. However, that
parental right to due process is subject to the
power of the state to act in the child's best
interest. People in Interest of M.H., 855 P.2d
15 (Colo. App. 1993).
Fundamental liberty interest in the
care, custody, and management of a child
not extended to stepparent. Absent
substantial evidence that a stepparent stands
in loco parentis to the child, there is no
authority to extend a similar liberty interest
to either a stepparent or a family unit created
by the natural or adoptive parent and a
stepparent. People ex rel. of E.S., 49 P.3d
1221 (Colo. App. 2002).
The state acts as parens patriae —
sovereign guardian — to safeguard the
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interests of vulnerable children within the
state. L.G. v. People, 890 P.2d 647 (Colo.
1995).
Termination of parental rights is
drastic remedy in which a most serious
interest of the parents is jeopardized. In re
People in Interest of M.M., 184 Colo. 298,
520 P.2d 128 (1974).
Home care and guidance preferred. A
neglected and dependent child's care and
guidance should be preferably in his own
home, so as to preserve and strengthen
family ties. In re People in Interest of M.M.,
184 Colo. 298, 520 P.2d 128 (1974).
Absent a showing of a causal relationship
between such an environment and a serious
threat to the emotional or physical stability
of the child, public policy requires that the
care and guidance of each child should
remain with his parents and in his own
home. People in Interest of D.L.R., 44 Colo.
App. 327, 618 P.2d 687 (1980), rev'd on
other grounds, 638 P.2d 39 (Colo. 1981).
As is maintenance of family ties. The
general assembly has declared its preference
for the maintenance of family ties whenever
possible in subsection (1)(b). People in
Interest of S.S.T., 38 Colo. App. 110, 553
P.2d 82 (1976).
Under this code, parties are precluded
from stipulating restrictions upon court's
duty to protect best interests of child. In re
People in Interest of A.R.S, 31 Colo. App.
268, 502 P.2d 92 (1972).
Applied in Gibson v. People, 44 Colo.
600, 99 P. 333 (1908); Cruz v. Morley, 77
Colo. 25, 234 P. 178 (1925); Johnson v.
People, 170 Colo. 137, 459 P.2d 579 (1969);
Stjernholm v. Mazaheri, 180 Colo. 352, 506
P.2d 155 (1973); P.F.M. v. Dist. Court, 184
Colo. 393, 520 P.2d 742 (1974); Dept. of
Insts. ex rel. S.L.G. v. Bushnell, 195 Colo.
566, 579 P.2d 1168 (1978); People in
Interest of R.A.D., 196 Colo. 430, 586 P.2d
46 (1978); Lovato v. Dist. Court, 198 Colo.
419, 601 P.2d 1072 (1979); B.G. v. S.G., 199
Colo. 403, 609 P.2d 121 (1980); Villareal v.
Lopez, 44 Colo. App. 555, 619 P.2d 86
(1980); People in Interest of C.A.K., 628
P.2d 136 (Colo. App. 1980); People in
Interest of E.A., 638 P.2d 278 (Colo. 1981);
People in Interest of D.L.E., 645 P.2d 271
(Colo. 1982); People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982); People in
Interest of S.P.B., 651 P.2d 1213 (Colo.
1982); People in Interest of C.A.K., 652 P.2d
603 (Colo. 1982); People v. Coyle, 654 P.2d
815 (Colo. 1982); People in Interest of
M.H., 661 P.2d 1173 (Colo. 1983); People in
Interest of A.J., 757 P.2d 1165 (Colo. App.
1988).
19-1-103. Definitions.
As used in this title 19 or in the specified portion of this title 19, unless the context otherwise
requires:
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(1) (a) "Abuse" or "child abuse or neglect", as used in part 3 of article 3 of this title 19,
means an act or omission in one of the following categories that threatens the health or welfare
of a child:
(I) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition,
failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death
and either: Such condition or death is not justifiably explained, the history given concerning such
condition is at variance with the degree or type of such condition or death, or the circumstances
indicate that such condition may not be the product of an accidental occurrence;
(II) Any case in which a child is subjected to unlawful sexual behavior as defined in section
16-22-102 (9);
(III) Any case in which a child is in need of services because the child's parent, legal
guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter,
medical care, or supervision that a prudent parent would take. The requirements of this
subsection (1)(a)(III) are subject to the provisions of section 19-3-103.
(IV) Any case in which a child is subjected to emotional abuse. As used in this subsection
(1)(a)(IV), "emotional abuse" means an identifiable and substantial impairment of the child's
intellectual or psychological functioning or development or a substantial risk of impairment of
the child's intellectual or psychological functioning or development.
(V) Any act or omission described in section 19-3-102 (1)(a), (1)(b), or (1)(c);
(VI) Any case in which, in the presence of a child, or on the premises where a child is found,
or where a child resides, a controlled substance, as defined in section 18 -18-102 (5), is
manufactured or attempted to be manufactured;
(VII) Any case in which a child is born affected by alcohol or substance exposure, except
when taken as prescribed or recommended and monitored by a licensed health -care provider, and
the newborn child's health or welfare is threatened by substance use;
(VIII) Any case in which a child is subjected to human trafficking of a minor for involuntary
servitude, as described in section 18-3-503, or human trafficking of a minor for sexual servitude,
as described in section 18-3-504 (2).
(b) In all cases, those investigating reports of child abuse shall take into account accepted
child-rearing practices of the culture in which the child participates, including but not limited to
accepted work-related practices of agricultural communities. Nothing in this subsection (1) refers
to acts that could be construed to be a reasonable exercise of parental discipline or to acts
reasonably necessary to subdue a child being taken into custody pursuant to section 19 -2.5-209
that are performed by a peace officer, as described in section 16 -2.5-101, acting in the good-faith
performance of the officer's duties.
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(2) "Adjudication" has the same meaning as set forth in section 19-2.5-102.
(3) "Adjudicatory hearing" means a hearing to determine whether the allegations of a
petition in dependency and neglect are supported by the evidence.
(4) "Adjudicatory trial" means a trial to determine whether the allegations of a petition in
delinquency are supported by the evidence.
(5) "Administrative review" means a review conducted by the department of human services
that is open to the participation of the parents of the child and conducted by an administrative
reviewer who is not responsible for the case management of, or the delivery of services to, either
the child or the parents who are the subject of the review.
(6) "Adoptee", as used in part 3 of article 5 of this title 19, means a person who, as a minor,
was adopted pursuant to a final decree of adoption entered by a court.
(7) (a) "Adoption record", as used in part 3 of article 5 of this title 19, with the exception of
section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information:
(I) The adoptee's original birth certificate and amended birth certificate;
(II) The final decree of adoption;
(III) Nonidentifying information, as defined in subsection (103) of this section;
(IV) The final order of relinquishment; and
(V) The order of termination of parental rights.
(b) "Adoption record", as used in section 19 -5-305 (2)(b)(I) to (2)(b)(IV), means the
following documents and information, without redaction:
(I) The adoptee's original birth certificate and amended birth certificate;
(II) The final decree of adoption;
(III) Any identifying information, such as the name of the adoptee before placement in
adoption; the name and address of each birth parent as they appear in the birth records; the name,
address, and contact information of the adult adoptee; and the current name, address, and contact
information of each birth parent, if known, or other information that might personally identify a
birth parent;
(IV) Any nonidentifying information, as defined in subsection (103) of this section;
(V) The final order of relinquishment; and
(VI) The order of termination of parental rights.
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(c) "Adoption record", as used in either subsection (7)(a) or (7)(b) of this section, must not
include pre-relinquishment counseling records, which must remain confidential.
(8) "Adoption triad" means the three parties involved in an adoption: The adoptee, the birth
parent, and the adoptive parent.
(9) "Adoptive parent", as used in parts 3 and 4 of article 5 of this title 19, means an adult
who has become a parent of a minor through the legal process of adoption.
(10) "Adult" means a person eighteen years of age or older; except that any person eighteen
years of age or older who is under the continuing jurisdiction of the court, who is before the
court for an alleged delinquent act committed prior to the person's eighteenth birthday, or
concerning whom a petition has been filed for the person's adoption other than pursuant to this
title 19 must be referred to as a juvenile.
(11) "Adult adoptee", as used in parts 3 and 4 of article 5 of this title 19, means an individual
who is eighteen years of age or older and who, as a minor, was adopted pursuant to a final decree
of adoption entered by a court.
(12) "Appropriate treatment plan", as used in section 19-3-508 (1)(e), means a treatment plan
approved by the court that is reasonably calculated to render the particular respondent fit to
provide adequate parenting to the child within a reasonable time and that relates to the child's
needs.
(13) "Assessment center for children", as used in part 3 of this article 1, means a multi -
disciplinary, community -based center that provides services to children and their families,
including, but not limited to, detention, screening, case management, and therapeutic
intervention relating to delinquency, abuse or neglect, family conflict, and truancy.
(14) "Basic identification information", as used in article 2.5 of this title 19, means the name,
place and date of birth, last -known address, social security number, occupation and address of
employment, last school attended, physical description, photograph, handwritten signature, sex,
fingerprints, and any known aliases of any person.
(15) "Biological parent" or "birth parent", as used in part 3 of article 5 of this title 19, means
a parent, by birth, of an adopted person.
(16) "Biological sibling", as used in part 3 of article 5 of this title 19, means a sibling, by
birth, of an adopted person. "Biological sibling", as used in part 3 of article 5 of this title 19, for
purposes of the definition of sibling group, as defined in subsection (127) of this section, means a
brother, sister, or half -sibling of a child who is being placed in foster care or being placed for
adoption.
(17) "Birth parents", as used in part 4 of article 5 of this title 19, means genetic, biological,
or natural parents whose rights were voluntarily or involuntarily terminated by a court or
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otherwise. "Birth parents" includes a man who is the parent of a child as established in
accordance with the provisions of the "Uniform Parentage Act", article 4 of this title 19, prior to
the termination of parental rights.
(18) Repealed.
(19) "Case management purposes" means assessments, evaluations, treatment, education,
proper disposition or placement of the child, interagency coordination, and other services that are
incidental to the administration of the program and in the best interests of the child.
(20) "Chief justice", as used in part 3 of article 5 of this title 19, means the chief justice of
the Colorado supreme court.
(21) "Child" means a person under eighteen years of age.
(22) Repealed.
(23) (a) "Child advocacy center", as used in part 3 of article 3 of this title 19, means an
independent, child-focused, and trauma-informed facility-based center that:
(I) Is in good standing with an accredited state chapter of a national association and
accrediting body that provides support, advocacy, quality assurance, and national leadership for
child advocacy centers, which state chapter oversees and provides guidance to child advocacy
centers operating in the state; and
(II) Coordinates with representatives from law enforcement and child protective services,
prosecutors, mental health professionals, medical professionals, forensic interviewers, and victim
advocacy groups to ensure a safe, coordinated, trauma -informed, and multidisciplinary
investigative response to a child suspected to be a victim of child abuse and the child's caregivers
and to determine what services need to be provided to the child and the child's caregivers.
(b) "Child advocacy center" does not include a health -care institution or a health -care
professional, as those terms are defined in section 13-64-202.
(24) "Child care center" means a child care center licensed and approved pursuant to part 9
of article 6 of title 26 or part 3 of article 5 of title 26.5. If the facility is located in another state,
the department of human services or the department of early childhood, as appropriate, shall
designate, upon certification, that an appropriate available space does not exist in a child care
facility in this state, and the facility must be licensed or approved as required by law in that state.
(25) "Child placement agency" means an agency licensed or approved pursuant to law. If
such agency is located in another state, it must be licensed or approved as required by law in that
state.
(26) "Child protection team", as used in part 3 of article 3 of this title 19, means a
multidisciplinary team consisting, where possible, of a physician; a representative of the juvenile
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court or the district court with juvenile jurisdiction; a representative of a local law enforcement
agency; a representative of the county department of human or social services; a representative
of a mental health clinic; a representative of a county, district, or municipal public health agency;
an attorney; a representative of a public school district; and one or more representatives of the
lay community, at least one of whom must be a person who serves as a foster parent in the
county. Each public agency may have more than one participating member on the team; except
that, in voting on procedural or policy matters, each public agency has only one vote. In no event
must an attorney member of the child protection team be appointed as guardian ad litem or
counsel for youth for the child or youth or as counsel for the parents at any subsequent court
proceedings. The child protection team must never be composed of fewer than three persons.
When any racial, ethnic, or linguistic minority group constitutes a significant portion of the
population of the jurisdiction of the child protection team, a member of each such minority group
must serve as an additional lay member of the child protection team. At least one of the
preceding members of the team must be chosen on the basis of representing low -income
families. The role of the child protection team is advisory only.
(27) Repealed.
(28) "Commercial sexual exploitation of a child" means a crime of a sexual nature
committed against a child for financial or other economic reasons.
(29) "Commit", as used in article 2.5 of this title 19, means to transfer legal custody.
(30) "Community placement" means the placement of a child for whom the department of
human services or a county department has placement and care responsibility pursuant to article
2.5 or 3 of this title 19 in any licensed or certified twenty-four-hour nonsecure care and treatment
facility away from the child's parent or guardian. "Community placement" includes but is not
limited to placement in a foster care home, group home, residential child care facility, or
residential treatment facility.
(31) "Complainant", as used in section 19 -3-211, means any person who was the subject of
an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian
of a child who is the subject of a report of child abuse or neglect and brings a grievance against a
county department of human or social services in accordance with the provisions of section 19-3-
211.
(32) "Confidential intermediary", as used in part 3 of article 5 of this title 19, means a person
twenty-one years of age or older who has completed a training program for confidential
intermediaries that meets the standards set forth by the commission pursuant to section 19 -5-303
and who is authorized to inspect confidential relinquishment and adoption records at the request
of an adult adoptee, adoptive parent, biological parent, or biological sibling.
(33) "Confirmed", as used in part 3 of article 3 of this title 19, means any report made
pursuant to article 3 of this title 19 that is found by a county department of human or social
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services, law enforcement agency, or entity authorized to investigate institutional abuse to be
supported by a preponderance of the evidence.
(34) "Consent", as used in part 3 of article 5 of this title 19, means voluntary, informed,
written consent. When used in the context of confidential intermediaries, "consent" always must
be preceded by an explanation that consent permits the confidential intermediary to arrange a
personal contact among biological relatives. "Consent" may also mean the agreement for contact
or disclosure of records by any of the parties identified in section 19 -5-304 (2) as a result of an
inquiry by a confidential intermediary pursuant to section 19-5-304.
(35) "Consent form", as used in section 19 -5-305 (3), means a verified written statement
signed by an adult adoptee or an adult adoptee's consenting birth parent or an adoptive parent of
a minor adoptee, and notarized, and that authorizes the release of adoption records or identifying
information, to the extent available, by a licensed child placement agency.
(36) "Contact information" means information supplied voluntarily by a birth parent on a
contact preference form, including the name of the birth parent at the time of relinquishment of
the adoptee; the alias, if any, used at the time of relinquishment of the adoptee; and the current
name, current address, and current telephone number of the birth parent.
(37) "Contact preference form" means a written statement signed by a birth parent indicating
whether the birth parent prefers future contact with an adult adoptee, an adult descendant of the
adoptee, or a legal representative of the adoptee or the descendant and, if contact is preferred,
whether the contact should be through a confidential intermediary or a designated employee of a
child placement agency.
(38) "Continuously available", as used in section 19 -3-308 (4), means the assignment of a
person to be near an operable telephone not necessarily located on the premises ordinarily used
for business by the county department of human or social services or to have such arrangements
made through agreements with local law enforcement agencies.
(39) "Convicted" or "conviction", as used in section 19 -5-105.5, means a plea of guilty
accepted by the court, including a plea of guilty entered pursuant to a deferred sentence pursuant
to section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by
the court, or having received a disposition as a juvenile or having been adjudicated a juvenile
delinquent based on the commission of any act that constitutes sexual assault, as defined in
subsection (124) of this section.
(40) "Cost of care" means the cost to the department of human services or the county
department of human or social services for a child placed out of the home; or the cost to the
department of human services or the county department of human or social services charged with
the custody of the juvenile for providing room, board, clothing, education, medical care, and
other normal living expenses for a child placed out of the home; or the cost to the department of
human services or the county department of human or social services for a juvenile sentenced to
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a placement out of the home as determined by the court. As used in this title 19, "cost of care"
also includes any costs associated with maintenance of a juvenile in a home detention program,
supervision of probation when the juvenile is granted probation, or supervision of parole when
the juvenile is placed on parole.
(41) "Counsel" means an attorney -at-law who acts as a person's legal advisor or who
represents a person in court.
(41.5) "Counsel for youth" means an attorney -at-law who provides specialized client -
directed legal representation for a child or youth and who owes the same duties, including
undivided loyalty, confidentiality, and competent representation, to the child or youth as is due an
adult client. "Counsel for youth" does not mean defense counsel for a juvenile pursuant to article
2.5 of this title 19.
(42) "County attorney" means the office of the county attorney or city attorney representing a
county or a city and county and includes the attorneys employed or retained by such county or
city and county.
(43) (a) "County department", as used in this article 1; part 2, part 3, and part 7 of article 3 of
this title 19; part 2 of article 5 of this title 19; and part 3 of article 7 of this title 19, means the
county or district department of human or social services.
(b) "County department" means a county or a city and county department of human or social
services.
(44) "County director", as used in section 19 -3-211 and part 3 of article 3 of this title 19,
means the county director or district director appointed pursuant to section 26-1-117.
(45) "Court", as used in part 3 of article 5 of this title 19, means any court of record with
jurisdiction over the matter at issue.
(46) "Court -appointed special advocate" or "CASA volunteer" means a volunteer appointed
by a court pursuant to part 2 of this article 1 to assist in advocacy for children.
(47) "Court -appointed special advocate program" or "CASA program" means a program
established pursuant to part 2 of this article 1.
(48) "Criminal justice agency", as used in this section, has the same meaning as set forth in
section 24-72-302 (3).
(49) "Custodial adoption", as used in part 2 of article 5 of this title 19, means an adoption of
a child by any person and the person's spouse, as required pursuant to section 19-5-202 (3), who:
(a) Has been awarded custody or allocated parental responsibilities by a court of law in a
dissolution of marriage, custody or allocation of parental responsibilities proceeding, or has been
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awarded guardianship of the child by a court of law in a probate action, such as pursuant to part 2
of article 14 of title 15; and
(b) Has had physical custody of the child for a period of one year or more.
(50) "Custodian" means a person who has been providing shelter, food, clothing, and other
care for a child in the same fashion as a parent would, whether or not by order of court.
(51) (a) (I) "Custodian of records", as used in sections 19 -5-305 (2) and 19 -5-305.5, means
any of the following individuals or entities that have custody of records relating to the
relinquishment or adoption of a child:
(A) A court;
(B) A state agency; or
(C) The legal agent or representative of any entity described in subsections (51)(a)(I)(A) and
(51)(a)(I)(B) of this section.
(II) "Custodian of records", as used in sections 19 -5-305 (2) and 19 -5-305.5, does not
include a licensed child placement agency.
(b) "Custodian of records", as used in section 19 -5-109, means an entity that has custody of
records relating to the relinquishment of a child, including a court, state agency, licensed child
placement agency, maternity home, or the legal agent or representative of any such entity.
(52) "Delinquent act", as used in article 2.5 of this title 19, means a violation of any statute,
ordinance, or order enumerated in section 19 -2.5-103. If a juvenile is alleged to have committed
or is found guilty of a delinquent act, the classification and degree of the offense is determined
by the statute, ordinance, or order that the petition alleges was violated. "Delinquent act" does
not include truancy or habitual truancy.
(53) "Department" or "state department" means the state department of human services
created in section 24-1-120.
(53.5) "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 subsection (1) of this section; and the youth is in need of oversight and
supportive services as determined by the court.
(54) "Designated adoption" means an adoption in which:
(a) The birth parent or parents designate a specific applicant with whom they wish to place
their child for purposes of adoption; and
(b) The anonymity requirements of section 19-1-309 are waived.
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(55) "Detention" means the temporary care of a child who requires secure custody in
physically restricting facilities pending court disposition or an execution of a court order for
placement or commitment. The placement of a juvenile in a state -owned psychiatric residential
treatment facility, as defined in section 26-6-903, is not considered detention.
(55.5) "Diminished capacity" means a child or youth who lacks sufficient capacity to
communicate or make considered decisions adequately in connection with the child's or youth's
legal representation. Age or developmental maturity must not be the sole basis for a
determination of diminished capacity.
(56) "Director", as used in article 2.5 of this title 19, is defined in section 19-2.5-102.
(57) "Disability" has the same meaning as set forth in the federal "Americans with
Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and
implementing regulations.
(58) "Dispositional hearing" means a hearing to determine what order of disposition should
be made concerning a child who is neglected or dependent. The hearing may be part of the
proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the
adjudicatory hearing.
(59) "Diversion" has the same meaning as set forth in section 19-2.5-102.
(60) "Division of youth services" or "division" means the division of youth services, created
in section 19-2.5-1501.
(61) "Donor", as used in article 4 of this title 19, means an individual who produces eggs or
sperm used for an assisted reproductive procedure, whether or not for consideration. "Donor"
does not include an intended parent pursuant to section 19 -4-106 (1) or (5) or section 19 -4.5-109
or a spouse or civil union partner who provides reproductive tissue to be used for an assisted
reproductive procedure by the other spouse or civil union partner.
(61.5) "Effective communication" has the same meaning as set forth in the federal
"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and its
related amendments and implementing regulations.
(62) "Executive director", as used in article 3.3 of this title 19 and part 3 of article 7 of this
title 19, means the executive director of the department of human services.
(63) "Expungement", as used in section 19 -1-306, means the designation of juvenile
delinquency records whereby such records are deemed never to have existed.
(64) "Family child care home" means a family child care home licensed and approved
pursuant to part 3 of article 5 of title 26.5. If the facility is located in another state, the
department of early childhood shall designate, upon certification, that an appropriate available
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space does not exist in a facility in this state. An out -of-state family child care home must be
licensed or approved as required by law in that state.
(64.5) "Family time" means any form of contact or engagement between parents, legal
custodians, guardians, siblings, and children or youth for the purposes of preserving and
strengthening family ties.
(65) "Fire investigator" means a person who:
(a) Is an officer or member of a fire department, fire protection district, or firefighting
agency of the state or any of its political subdivisions;
(b) Is engaged in conducting or is present for the purpose of engaging in the conduct of a fire
investigation; and
(c) Is either a volunteer or is compensated for services rendered by the person.
(66) "Foster care" means the placement of a child or youth into the legal custody or legal
authority of a county department of human or social services for physical placement of the child
or youth in a kinship care placement; supervised independent living placement, as defined in
section 19 -7-302; or certified or licensed facility, or the physical placement of a juvenile
committed to the custody of the state department of human services into a community placement.
(67) "Foster care home" means a foster care home certified pursuant to part 9 of article 6 of
title 26.
(68) "Foster care prevention services" means mental health and substance abuse prevention
and treatment services, in -home parent skill -based programs, kinship navigator programs, and
other programs eligible for reimbursement under the federal "Family First Prevention Services
Act" that are trauma -informed, promising, supported or well -supported, and provided to prevent
foster care placement.
(69) "Governing body", as used in section 19 -3-211, means the board of county
commissioners of a county or the city council of a city and county.
(70) (a) "Grandparent" means a person who is the parent of a child's father or mother, who is
related to the child by blood, in whole or by half, adoption, or marriage.
(b) Repealed.
(71) Repealed.
(72) "Grievance", as used in section 19 -3-211, means a dispute between a complainant and a
county department of human or social services concerning the conduct of county department
personnel in performing their duties pursuant to article 3 of this title 19.
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(73) "Group care facilities and homes" means places other than foster family care homes
providing care for small groups of children. Group care facilities and homes are licensed as
provided in part 9 of article 6 of title 26 or meet the requirements of section 25.5-10-214.
(74) "Guardian ad litem" means a person appointed by a court to act in the best interests of a
person whom the person appointed is representing in proceedings pursuant to this title 19 and
who, if appointed to represent a person in a dependency and neglect proceeding pursuant to
article 3 of this title 19, must be an attorney-at-law licensed to practice in Colorado.
(75) "Guardianship of the person" means the duty and authority vested by court action to
make major decisions affecting a child, including but not limited to:
(a) The authority to consent to marriage, to enlistment in the armed forces, and to medical or
surgical treatment;
(b) The authority to represent a child in legal actions and to make other decisions of
substantial legal significance concerning the child;
(c) The authority to consent to the adoption of a child when the parent -child legal
relationship has been terminated by judicial decree; and
(d) The rights and responsibilities of legal custody when legal custody has not been vested in
another person, agency, or institution.
(76) "Half -sibling" has the same meaning as set forth for "biological sibling" in subsection
(16) of this section.
(77) "Human trafficking of a minor for involuntary servitude" means an act as described in
section 18-3-503.
(78) "Human trafficking of a minor for sexual servitude" means an act as described in
section 18-3-504 (2).
(79) "Identifying" means giving, sharing, or obtaining information.
(80) "Identifying information", as used in section 19 -5-305 (3), means copies of any
adoption records, as that term is defined in subsection (7) of this section, that are in the
possession of the child placement agency. "Identifying information" also includes the name of
the adoptee before placement in adoption; the name and address of each consenting birth parent
as they appear in the birth records; the current name, address, and telephone number of the adult
adoptee; and the current name, address, and telephone number of each consenting birth parent to
the extent such information is available to the child placement agency.
(81) "Imminent placement out of the home", as used in section 19 -1-116 (2), means that
without intercession the child will be placed out of the home immediately.
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(82) "Independent living" means a form of placement out of the home arranged and
supervised by the county department of human or social services where the child is established in
a living situation designed to promote and lead to the child's emancipation. Independent living
must only follow some other form of placement out of the home.
(83) "Indian child" has the same meaning as set forth in section 19-1.2-103.
(84) "Indian child's tribe" has the meaning determined pursuant to section 19-1.2-108.
(85) "Indian tribe" has the same meaning as set forth in section 19-1.2-103.
(86) (a) "Institutional abuse", as used in part 3 of article 3 of this title 19, means a case of
abuse, as defined in subsection (1) of this section, that occurs in a public or private facility in the
state that provides child care out of the home, supervision, or maintenance. "Institutional abuse"
includes an act or omission that threatens the life, health, or welfare of a child or a person who is
younger than twenty-one years old who is under the continuing jurisdiction of the court pursuant
to this title 19.
(b) "Institutional abuse" does not include abuse that occurs in a public, private, or parochial
school system, including a preschool operated in connection with the school system; except that,
to the extent the school system provides extended day services, abuse that occurs while the
services are provided is institutional abuse.
(c) As used in this subsection (86), "facility" means a residential child care facility,
specialized group facility, foster care home, or other facility licensed pursuant to part 9 of article
6 of title 26; a facility licensed pursuant to part 3 of article 5 of title 26.5; noncertified kinship
care providers that provide care for children with an open child welfare case who are in the legal
custody of a county department of human or social services; or a facility or community
placement, as described in section 19 -2.5-1502, for a juvenile committed to the custody of the
department of human services. "Facility" does not include an adult detention or correctional
facility.
(87) "Intrafamilial abuse", as used in part 3 of article 3 of this title 19, means any case of
abuse, as defined in subsection (1) of this section, that occurs within a family context by a child's
parent, stepparent, guardian, legal custodian, or relative; by a spousal equivalent, as defined in
subsection (130) of this section; or by any other person who resides in the child's home or who is
regularly in the child's home for the purpose of exercising authority over or care for the child;
except that "intrafamilial abuse" does not include abuse by a person who is regularly in the
child's home for the purpose of rendering care for the child if such person is paid for rendering
care and is not related to the child.
(88) "Juvenile" means a child as defined in subsection (21) of this section.
(89) "Juvenile court" or "court" means the juvenile court of the city and county of Denver or
the juvenile division of the district court outside of the city and county of Denver.
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(90) "Juvenile delinquent" has the same meaning as set forth in section 19-2.5-102.
(91) "Kin" may be a relative of the child, a person ascribed by the family as having a family -
like relationship with the child, or a person who has a prior significant relationship with the
child. These relationships take into account cultural values and continuity of significant
relationships with the child.
(92) "Kinship adoption", as used in part 2 of article 5 of this title 19, means an adoption of a
child by a relative of the child and such relative's spouse, as required pursuant to section 19 -5-
202 (3), who:
(a) Is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first cousin; and
(b) Has had physical custody of the child for a period of one year or more and the child is not
the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title 19.
(92.5) "Language access" means services provided by a court, the state department, a county
department of human or social services, a city and county, or a private -entity contractor in the
person's primary language for a person with limited English proficiency.
(93) "Law enforcement officer" means a peace officer, as described in section 16-2.5-101.
(94) (a) "Legal custody" means the right to the care, custody, and control of a child and the
duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a
child and, in an emergency, to authorize surgery or other extraordinary care. "Legal custody"
may be taken from a parent only by court action.
(b) For purposes of determining the residence of a child as provided in section 22 -1-102
(2)(b), guardianship is in the person to whom legal custody has been granted by the court.
(95) (a) "Legal representative", as used in sections 19 -5-304 and 19-5-305, means the person
designated by a court to act on behalf of any person described in section 19 -5-304 (1)(b)(I) or
19-5-305 (2).
(b) For purposes of the term "legal representative", as used in sections 19 -5-304 and 19 -5-
305 and as defined in subsection (95)(a) of this section, "legal guardian" does not include a
governmental entity of any foreign country from which a child has been adopted or any
representative of such governmental entity.
(95.5) "Limited English proficiency" means the limited ability to speak, read, write, or
understand the English language for a person whose primary language is not English.
(96) "Local law enforcement agency", as used in part 3 of article 3 of this title 19, means a
police department in incorporated municipalities or the office of the county sheriff.
(97) "Locating" means engaging in the process of searching for or seeking out.
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(98) "Mental health professional" means a person licensed to practice medicine or
psychology in this state or any person on the staff of a facility designated by the executive
director of the department of human services for seventy -two-hour treatment and evaluation who
is authorized by the facility to do mental or behavioral health hospital placement prescreenings,
as defined in section 19 -2.5-102, and who is under the supervision of a person licensed to
practice medicine or psychology in this state.
(99) "Need to know", as used in section 19 -1-303, means agencies or individuals who need
access to certain information for the care, treatment, supervision, or protection of a child.
(100) (a) "Neglect", as used in part 3 of article 3 of this title 19, means acts that can
reasonably be construed to fall under the definition of "child abuse or neglect" as defined in
subsection (1) of this section.
(b) A child is not neglected when allowed to participate in independent activities that a
reasonable and prudent parent, guardian, or legal custodian would consider safe given the child's
maturity, condition, and abilities, including but not limited to activities such as:
(I) Traveling to and from school, including walking, running, bicycling, or other similar
mode of travel;
(II) Traveling to and from nearby commercial or recreational facilities;
(III) Engaging in outdoor play; and
(IV) Remaining in a home or other location that a reasonable and prudent parent, guardian,
or legal custodian would consider safe for the child.
(101) "Newborn child" means a child who is less than seventy-two hours old.
(102) "Noncertified kinship care" means a child is being cared for by a relative or kin who
has a significant relationship with the child in circumstances when there is a safety concern by a
county department of human or social services and where the relative or kin has not met the
foster care certification requirements for a kinship foster care home or has chosen not to pursue
that certification process.
(103) "Nonidentifying information", as used in part 4 of article 5 of this title 19, means
information that does not disclose the name, address, place of employment, or any other material
information that would lead to the identification of the birth parents and that includes but is not
limited to the following:
(a) The physical description of the birth parents;
(b) The educational background of the birth parents;
(c) The occupation of the birth parents;
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(d) Genetic information about the birth family;
(e) Medical information about the adult adoptee's birth;
(f) Social information about the birth parents; and
(g) The placement history of the adoptee.
(104) "Nonpublic agency interstate and foreign adoption", as used in section 19 -5-205.5,
means an interstate or foreign adoption that is handled by a private, licensed child placement
agency.
(105) (a) "Parent" means either a natural parent of a child, as may be established pursuant to
article 4 of this title 19, or a parent by adoption.
(b) "Parent", as used in sections 19 -1-114, 19-2.5-501, and 19 -2.5-611, includes a natural
parent having sole or joint custody, regardless of whether the parent is designated as the primary
residential custodian, or a parent allocated parental responsibilities with respect to a child, or an
adoptive parent. For the purposes of section 19 -1-114, "parent" does not include a person whose
parental rights have been terminated pursuant to the provisions of this title 19 or the parent of an
emancipated minor.
(106) "Permanency hearing" means a hearing in which the permanency plan for a child in
foster care is determined by the court.
(107) "Placement out of the home" means placement for twenty -four-hour residential care in
any facility or center operated or licensed by the department of human services, but "placement
out of the home" does not include any placement that is paid for totally by private money or any
placement in a home for the purposes of adoption in accordance with section 19 -5-205.
"Placement out of the home" may be voluntary or court ordered. "Placement out of the home"
includes independent living.
(108) (a) "Post -adoption record", as used in part 3 of article 5 of this title 19, means
information contained in the files subsequent to the completion of an adoption proceeding.
(b) The post-adoption record may contain information concerning but not limited to:
(I) The written inquiries from persons requesting access to records;
(II) The search efforts of the confidential intermediary;
(III) The response, if any, to those search efforts by the persons sought;
(IV) Any updated medical information gathered pursuant to part 3 of article 5 of this title 19;
and
(V) Any personal identifying information concerning any persons subject to part 3 of article
5 of this title 19.
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(109) Repealed.
(110) "Protective supervision" means a legal status created by court order under which the
child is permitted to remain in the child's home or is placed with a relative or other suitable
person and supervision and assistance is provided by the court, department of human services, or
other agency designated by the court.
(111) "Public adoption", as used in part 2 of article 5 of this title 19, means an adoption
involving a child who is in the legal custody and guardianship of the county department of
human or social services that has the right to consent to adoption for that child.
(112) "Qualified individual" means a trained professional or licensed clinician, as defined in
the federal "Family First Prevention Services Act". "Qualified individual" must be approved to
serve as a qualified individual according to the state plan. "Qualified individual" must not be an
interested party or participant in the juvenile court proceeding and must be free of any personal
or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or
youth and making recommendations concerning the child's, juvenile's, or youth's placement and
therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with
42 U.S.C. sec. 675a.
(113) "Qualified residential treatment program" means a licensed and accredited program
that has a trauma -informed treatment model that is designed to address the needs, including
clinical needs, as appropriate, of children and youth with serious emotional or behavioral
disorders or disturbances in accordance with the federal "Family First Prevention Services Act",
42 U.S.C. sec. 672 (k)(4), and is able to implement the treatment identified for the child or youth
by the assessment of the child required in section 19-1-115 (4)(e)(I).
(114) "Reasonable efforts", as used in articles 1, 2.5, 3, and 7 of this title 19, means the
exercise of diligence and care throughout the state of Colorado for children and youth who are in
foster care or out -of-home placement or are at imminent risk of foster care or out -of-home
placement. In determining whether it is appropriate to provide, purchase, or develop the
supportive and rehabilitative services that are required to prevent unnecessary placement of a
child or youth outside of a child's or youth's home or to foster the safe reunification of a child or
youth with a child's or youth's family, as described in section 19 -3-208, or whether it is
appropriate to find and finalize an alternative permanent plan for a child or youth, and in making
reasonable efforts, the child's or youth's health and safety are the paramount concern. Services
provided by a county or city and county in accordance with section 19 -3-208 are deemed to meet
the reasonable effort standard described in this subsection (114). Nothing in this subsection (114)
is construed to conflict with federal law.
(115) Repealed.
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(116) "Record", as used in section 19 -4-106 and section 19-4.5-108, means information that
is inscribed on a tangible medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(117) "Register of actions" means those portions of the electronic case management system
necessary to carry out a statutory purpose or the duties of a court appointment.
(118) "Repeat juvenile offender" is described in section 19-2.5-1125.
(119) "Residual parental rights and responsibilities" means those rights and responsibilities
remaining with the parent after legal custody, guardianship of the person, or both, have been
vested in another person, agency, or institution, including but not limited to the responsibility for
support, the right to consent to adoption, the right to reasonable parenting time unless restricted
by the court, and the right to determine the child's religious affiliation.
(120) "Responsible person", as used in part 3 of article 3 of this title 19, means a child's
parent, legal guardian, or custodian or any other person responsible for the child's health and
welfare.
(121) "Restorative justice" has the same meaning as set forth in section 19-2.5-102.
(122) "Reunited parties", as used in section 19-5-305, means any two persons who qualify as
and meet any specified requirements for parties under the list of individuals in section 19 -5-304
(1)(b)(I).
(123) "School", as used in sections 19 -1-303 and 19 -1-304, means a public or parochial or
other nonpublic school that provides a basic academic education in compliance with school
attendance laws for students in grades one to twelve. "Basic academic education" has the same
meaning as set forth in section 22-33-104 (2)(b).
(124) "Sexual assault", as used in sections 19-5-105, 19-5-105.5, and 19-5-105.7, means:
(a) "Sexual assault", as defined in section 18-3-402;
(b) "Sexual assault on a child", as defined in section 18-3-405;
(c) "Sexual assault on a child by one in a position of trust", as defined in section 18-3-405.3;
(d) "Sexual assault on a client by a psychotherapist", as defined in section 18-3-405.5; or
(e) "Unlawful sexual contact", as defined in section 18-3-404.
(125) "Sexual conduct", as used in section 19-3-304 (2.5), means any of the following:
(a) Sexual intercourse, including genital -genital, oral -genital, anal -genital, or oral -anal,
whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
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(c) Masturbation; or
(d) Sexual sadomasochistic abuse.
(126) "Shelter" means the temporary care of a child in physically unrestricting facilities
pending court disposition or execution of a court order for placement.
(127) "Sibling group", as used in articles 3 and 5 of this title 19, means biological siblings.
(128) "Special county attorney", as used in article 3 of this title 19, means an attorney hired
by a county attorney or city attorney of a city and county or hired by a county department of
human or social services with the concurrence of the county attorney or city attorney of a city
and county to prosecute dependency and neglect cases.
(128.5) "Special immigrant juvenile status findings" includes:
(a) Declaring the child dependent or placing the child in the custody of an individual, agency,
or department as appointed by the court;
(b) 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
section, "abandonment" includes, but is not limited to, the death of one or both parents.
(c) 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.
(129) "Special respondent", as used in article 3 of this title 19, means any person who is not
a parent, guardian, or legal custodian and who is voluntarily or involuntarily joined in a
dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a
treatment plan and for the grounds outlined in sections 19-3-502 (6) and 19-3-503 (4).
(130) "Spousal equivalent" means a person who is in a family-type living arrangement with a
parent and who would be a stepparent if married to that parent.
(131) "Standardized behavioral or mental health disorder screening" means the behavioral or
mental health disorder screening conducted using the juvenile standardized screening
instruments and the procedures adopted pursuant to section 16-11.9-102.
(132) "State board", as used in part 3 of article 3 of this title 19, means the state board of
human services.
(133) "State department", as used in section 19 -3-211, part 3 of article 3 of this title 19,
article 3.3 of this title 19, and part 3 of article 7 of this title 19, means the department of human
services created in section 24-1-120.
(134) "State registrar" means the state registrar of vital statistics in the department of public
health and environment.
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(135) "Status offense" has the same meaning as is defined in federal law in 28 CFR 31.304,
as amended.
(136) "Stepparent" means a person who is married to a parent of a child but who has not
adopted the child.
(137) "Temporary holding facility" means an area used for the temporary holding of a child
from the time that the child is taken into temporary custody until a detention hearing is held, if it
has been determined that the child requires a staff -secure setting. Such an area must be separated
by sight and sound from any area that houses adult offenders.
(138) "Temporary shelter" means the temporary placement of a child, as described in section
19-3-403.5, with kin, as defined in subsection (91) of this section; with an adult with a
significant relationship with the child; or in a licensed and certified twenty -four-hour care
facility.
(139) "Termination of the parent -child legal relationship", as used in articles 3 and 5 of this
title 19, means the permanent elimination by court order of all parental rights and duties,
including residual parental rights and responsibilities, as provided in section 19-3-608.
(140) "Third-party abuse", as used in part 3 of article 3 of this title 19, means a case in which
a child is subjected to abuse, as defined in subsection (1) of this section, by any person who is
not a parent; stepparent; guardian; legal custodian; spousal equivalent, as defined in subsection
(130) of this section; or any other person not included in the definition of "intrafamilial abuse",
as defined in subsection (87) of this section.
(141) "Trauma -informed" refers to the services to be provided to or on behalf of a child or
youth under an organizational structure and treatment framework that involves understanding,
recognizing, and responding to the effects of all types of trauma in accordance with recognized
principles of a trauma -informed approach and trauma -specific interventions to address trauma's
consequences and facilitate healing.
(142) Repealed.
(143) "Updated medical history statement" means a written narrative statement dated and
signed by a birth parent about the medical history of the birth parent or other biological relatives
of the adoptee that can be voluntarily submitted by the birth parent to the state registrar for future
disclosure to the birth parent's adult child who is an adult adoptee or an adult descendant of the
adoptee or legal representative of such person in accordance with the provisions of section 19 -5-
305 (1.5).
(144) (a) "Victim", as used in this title 19 and except as provided in subsection (144)(b) of
this section, has the same meaning as set forth in section 19-2.5-102.
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(b) "Victim", as used in section 19 -5-105.5, means any natural person against whom a crime
of sexual assault or a crime in which the underlying factual basis was sexual assault is
perpetrated or is alleged to have been perpetrated.
(145) "Youth" means an individual who is less than twenty-one years of age.
Source: L. 87: Entire title R&RE, p. 696, § 1, effective October 1. L. 88: (11.5) added, p. 748,
§ 1, effective March 18; (3) amended, p. 741, § 1, effective July 1; (3.5) added, p. 750, § 1,
effective July 1. L. 89: (27) added, p. 926, § 1, effective April 23. L. 90: (9.5)(b) amended, p.
1011, § 3, effective July 1. L. 91: (12.5) added, p. 263, § 5, effective May 31. L. 92: (2.5) added,
p. 220, § 2, effective July 1. L. 93: (22) amended, p. 1134, § 64, effective July 1, 1994. L. 94:
(12.3) added, p. 910, § 5, effective April 28; (2.5), (5), (12), (20), and (23) amended, p. 2658, §
144, effective July 1. L. 96: Entire section R&RE, p. 68, § 1, effective March 20; (34.3) and
(34.5) added, p. 1089, § 1, effective May 23; (49) amended and (51.5) added, p. 264, § 13,
effective July 1; (66) amended, p. 265, § 15, effective July 1; (1)(b), (2), (12), (30), (36), (44),
(45), (46), (47), (50), (52), (53), (61), (69), (82)(b), (83), (84), (88), (92), (95), (96), and (105)
amended and (40.5), (94.5), and (101.5) added, p. 1684, § 12, effective January 1, 1997; (48)
amended and (16.5) and (77.5) added, p. 1174, § 10, effective January 1, 1997; (112) added, p.
1783, § 12, effective January 1, 1997. L. 97: (1), (23), (25), and (57) amended, p. 1431, § 6,
effective July 1; (8) and (37) amended and (61.5) added, p. 1167, § 14, effective July 1; (32)(a)
amended, p. 150, § 2, effective July 1. L. 98: (51.3) added and (89) amended, p. 1417, § 2,
effective July 1; (82)(b) amended, p. 1404, § 60, effective February 1, 1999. L. 99: (87.5) added,
p. 1025, § 6, effective May 29; (34.7) and (71.5) added and (107) amended, pp. 1061, 1062, §§ 1,
2, effective June 1; (6.5), (28.5), (63.5), and (85.5) added and (28) amended, p. 1129, § 1,
effective July 1; (24.5) added, p. 908, § 2, effective July 1; (112) amended, p. 624, § 21, effective
August 4. L. 2000: (10.5), (34.6), and (94.3) added, p. 320, § 7, effective April 7; (29.5) added,
p. 1723, § 6, effective June 1; (94.3) added, p. 1965, § 9, effective June 2; (14) and (32)(a)
amended and (98.5) added, p. 474, § 1, effective July 1; (28.5) and (63.5) amended and (73.5)
and (94.2) added, p. 1367, § 1, effective July 1. L. 2001: (5) and (89) amended and (83.5) added,
p. 841, § 2, effective June 1; (1)(b) and (27) amended, p. 853, § 1, effective July 1. L. 2002:
(1)(a)(II) amended, p. 568, § 1, effective May 24; (76) and (77) amended and (101.7) added, p.
574, § 4, effective May 24; (65.3), (65.5), and (65.7) added, p. 783, § 2, effective May 30;
(1)(a)(II) amended, p. 1192, § 43, effective Ju ly 1; (1)(a)(II) amended, p. 1592, § 29, effective
July 1. L. 2003: (48) amended, p. 1991, § 32, effective May 22; (1)(a) amended, p. 819, § 1,
effective July 1; (44.5) and (91.5) added, p. 1266, § 54, effective July 1; (1)(b) and (72)
amended, pp. 1622, 1619, §§ 36, 28, effective August 6; (29.5) repealed, p. 1401, § 5, effective
January 1, 2004. L. 2004: (19.5) added, p. 807, § 2, effective May 21; (78.5) added, p. 430, § 3,
effective July 1. L. 2005: (1)(a)(VII) added, p. 587, § 1, effective July 1; (6.7 ), (28.6), (28.7),
(103.5), and (111.5) added and (9) and (13) amended, p. 991, § 3, effective July 1. L. 2006:
(103.7) added and (106) amended, p. 256, § 1, effective March 31; (51.3) amended, p. 507, § 1,
Colorado Revised Statutes 2026
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effective April 18. L. 2007: (30) amended, p. 1506, § 2, effective May 31. L. 2008: (44)
amended and (94.1) added, p. 225, § 1, effective March 31; (31.5) and (91.7) added, p. 1241, § 2,
effective August 5. L. 2010: (76) amended, (SB 10 -175), ch. 188, p. 788, § 36, effective April
29; (32) and (103) amended and (47.5) added, (SB 10 -171), ch. 225, p. 981, § 2, effective May
14; (22) amended, (HB 10 -1422), ch. 419, p. 2074, § 34, effective August 11. L. 2011: (44)
amended, (HB 11-1032), ch. 296, p. 1404, § 9, effective August 10. L. 2013: (29.3) and (96.5)
added and (112) amended, (SB 13 -227), ch. 353, p. 2056, § 1, effective July 1; (44) amended,
(HB 13-1254), ch. 341, p. 1982, § 3, effective August 7; (58) amended, (HB 13 -1314), ch. 323,
p. 1804, § 31, effective March 1, 2014. L. 2014: (56.5) added, (HB 14-1362), ch. 374, p. 1787, §
1, effective June 6; (28.7) amended and (35.3) added, (SB 14 -051), ch. 260, p. 1047, § 2,
effective July 1; IP(96.5) amended, (HB 14 -1162), ch. 167, p. 594, § 9, effective July 1; (35.3)
added, (HB 14-1042), ch. 261, p. 1050, § 1, effective August 6. L. 2015: IP(6.5)(a) and (6.5)(b)
amended and (6.5)(a.5) added, (HB 15 -1106), ch. 59, p. 141, § 1, effective March 30; (32)
amended and (71.3) and (78.7) added, (SB 15 -087), ch. 263, p. 1011, § 7, effective June 2;
(35.3)(a) amended, (HB 15 -1355), ch. 311, p. 1275, § 4, effective June 5. L. 2016: (32)(b)
amended, (HB 16-1316), ch. 127, p. 363, § 2, effective August 10; (1)(a)(VIII) and (23.5) added,
(HB 16-1224), ch. 101, p. 290, § 1, ef fective January 1, 2017. L. 2017: IP and (101.7) amended,
(SB 17-242), ch. 263, p. 1309, § 148, effective May 25; IP and (69) amended and (113) added,
(HB 17-1329), ch. 381, pp. 1972, 1962, §§ 27, 3, effective June 6; IP and (100) amended, (SB
17-177), ch. 118, p. 418, § 1, effective August 9. L. 2018: (34.7) amended and (34.8) and (44.7)
added, (SB 18 -154), ch. 161, p. 1123, § 1, effective April 25; (42.5) added, (HB 18 -1104), ch.
164, p. 1134, § 4, effective April 25; (66) amended, (HB 18 -1346), ch. 326, p. 1964, § 2,
effective May 30; (36) amended, (HB 18-1156), ch. 378, p. 2288, § 6, effective August 8; (51.3),
(65), (69), (87.5), and (99) amended, (SB 18 -092), ch. 38, p. 406, § 28, effective August 8. L.
2019: IP(1)(a), (1)(a)(VIII), and (23.5) amended and (62.5) and (62.6) added, (SB 19 -185), ch.
147, p. 1765, § 2, effective May 6; (44) and (94.1) amended and (106.5) added, (SB 19 -108), ch.
294, p. 2694, § 2, effective July 1; (51.7), (87.7), (87.9), and (109.5) added, (HB 19 -1308), ch.
256, p. 2458, § 3, effective August 2; (98.5) amended, (HB 19 -1288), ch. 216, p. 2234, § 1,
effective August 2. L. 2020: (1)(a)(VII) amended, (SB 20 -028), ch. 186, p. 853, § 4, effective
June 30; (87.9) amended, (HB 20 -1402), ch. 216, p. 1048, § 33, effective June 30; (71.3) and
(87.7) amended, (SB 20 -162), ch. 221, p. 1087, § 2, effective July 2. L. 2021: (116) amended,
(HB 21-1022), ch. 103, p. 417, § 2, effective May 6; (43), (62), (66), (114), and (133) amended,
(HB 21-1094), ch. 340, p. 2214, § 2, effective June 25; ( 47) repealed, (HB 21 -1315), ch. 461, p.
3113, § 17, effective July 6; (18), (115), and (142) amended, (HB 21-1248), ch. 335, p. 2167, § 3,
effective September 7; entire section R&RE, (SB 21 -059), ch. 136, p. 753, § 144, effective
October 1. L. 2022: (138) amended, (HB 22-1056), ch. 383, p. 2741, § 4, effective June 7; (18),
(22), (109), (115), and (142) repealed and (24), (64), (67), (73), and (86) amended, (HB 22 -
1295), ch. 123, p. 829, § 34, effective July 1; (7)(c) and (80) amended, (SB 22 -212), ch. 421, p.
2970, § 32, effective August 10; (53.5) added, (HB 22 -1245), ch. 88, p. 417, § 1, effective
August 10; (61) amended, (HB 22 -1153), ch. 210, p. 1388, § 2, effective August 10; (100)
Colorado Revised Statutes 2026
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amended, (HB 22 -1090), ch. 52, p. 248, § 1, effective August 10; (26) amended and (41.5) and
(55.5) added, (HB 22 -1038), ch. 92, p. 431, § 4, effective January 9, 2023. L. 2023: (27)
repealed, (SB 23-210), ch. 251, p. 1432, § 15, effective May 24; (64.5) added, (HB 23 -1027), ch.
284, p. 1677, § 2, effective June 1; (70)(b) and (71) repealed, (HB 23 -1026), ch. 243, p. 1307, §
6, effective August 7. L. 2024: (61.5), (92.5), and (95.5) added, (HB 24 -1031), ch. 327, p. 2213,
§ 1, effective August 7; (128.5) added, (SB 24 -119), ch. 33, p. 103, § 3, effective August 7. L.
2025: (55) amended, (HB 25-1172), ch. 155, p. 627, § 1, effective August 6; (83), (84), and (85)
amended, (HB 25-1204), ch. 338, p. 1816, § 4, effective August 6. L. 2026: (86) amended, (HB
26-1259), ch. 119, p. 509, § 14, effective May 5; (23) amended, (HB 26 -1142), ch. 44, p. 203, §
3, effective August 12.
Editor's note: (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 -1-103
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section in House Bill 96 -1006 and House Bill 96 -1019 were
harmonized. Subsection (66) was originally numbered as section 19 -3-303 (4.5), and the
amendments to it in House Bill 96 -1006 were harmonized with subsection (66) as it appears in
this section.
(3) Amendments to subsection (94.3) by House Bill 00 -1119 and Senate Bill 00 -133 were
harmonized.
(4) Amendments to subsection (35.3) by SB 14-051 and HB 14-1042 were harmonized.
(5) Subsection (28.7)(b)(II) provided for the repeal of subsection (28.7)(b), effective January
1, 2016. (See L. 2014, p. 1047.)
(6) Subsection (18) was numbered as § 19 -1-103 (16) in HB 21 -1248 (see L. 2021, p. 2167).
That provision was harmonized with subsection (18) of this section as it appears in SB 21-059.
(7) Subsection (43)(a) was numbered as § 19 -1-103 (32)(a) in HB 21 -1094 (see L. 2021, p.
2214). That provision was harmonized with subsection (43)(a) of this section as it appears in SB
21-059.
(8) Subsection (47) was repealed in HB 21 -1315. Those amendments were superseded by the
repeal and reenactment of this section in SB 21-059, effective October 1, 2021.
(9) Subsection (62) was numbered as § 19-1-103 (47.5) in HB 21-1094 (see L. 2021, p. 2214).
That provision was harmonized with subsection (62) of this section as it appears in SB 21-059.
(10) Subsection (66) was numbered as § 19 -1-103 (51.3) in HB 21 -1094 (see L. 2021, p.
2214). That provision was harmonized with subsection (66) of this section as it appears in SB
21-059.
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(11) Subsection (114) was numbered as § 19-1-103 (89) in HB 21-1094 (see L. 2021, p. 2214).
That provision was harmonized with subsection (114) of this section as it appears in SB 21-059.
(12) Subsection (115) was numbered as § 19-1-103 (91) in HB 21-1248 (see L. 2021, p. 2167).
That provision was harmonized with subsection (115) of this section as it appears in SB 21-059.
(13) Subsection (116) was numbered as § 19 -1-103 (91.5) in HB 21 -1022 (see L. 2021, p.
417). That provision was harmonized with subsection (116) of this section as it appears in SB 21-
059.
(14) Subsection (133) was numbered as § 19 -1-103 (103) in HB 21 -1094 (see L. 2021, p.
2215). That provision was harmonized with subsection (133) of this section as it appears in SB
21-059.
(15) Subsection (142) was numbered as § 19 -1-103 (110) in HB 21 -1248 (see L. 2021, p.
2167). That provision was harmonized with subsection (142) of this section as it appears in SB
21-059.
Cross references: (1) For the legislative declaration contained in the 1999 act enacting
subsection (24.5), see section 1 of chapter 233, Session Laws of Colorado 1999. For the
legislative declaration contained in the 2001 act amending subsections (5) and (89) and enacting
subsection (83.5), see section 1 of chapter 241, Session Laws of Colorado 2001. For the
legislative declaration contained in the 2002 act enacting subsections (65.3), (65.5), and (65.7),
see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative declaration
contained in the 2003 act repealing subsection (29.5), see section 1 of chapter 196, Session Laws
of Colorado 2003. For the legislative declaration contained in the 2004 act enacting subsection
(78.5), see section 1 of chapter 140, Session Laws of Colorado 2004. For the legislative
declaration contained in the 2007 act amending subsection (30), see section 1 of chapter 351,
Session Laws of Colorado 2007. For the short title ("Heritage Act") and the legislative
declaration in HB 15-1355, see section 1 of chapter 311, Session Laws of Colorado 2015. For the
legislative declaration in SB 17 -242, see section 1 of chapter 263, Session Laws of Colorado
2017. For the legislative declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of
Colorado 2018. For the legislative declaration in HB 18 -1156, see section 1 of chapter 378,
Session Laws of Colorado 2018. For the legislative declaration in SB 19 -185, see section 1 of
chapter 147, Session Laws of Colorado 2019. For the legislative declaration in HB 21 -1315, see
section 1 of chapter 461, Session Laws of Colorado 2021. For the legislative declaration in HB
22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. For the legislative
declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023. For the
legislative declaration in HB 26 -1142, see section 2 of chapter 44, Session Laws of Colorado
2026.
(2) For the "Family First Prevention Services Act", see Pub.L. 115-123.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-34-
(3) For the short title ("Grandparents' Rights for Aaliyah and Myah Act") in HB 23 -1026, see
section 1 of chapter 243, Session Laws of Colorado 2023. For the short title ("Colorado Child
Advocacy Center Act") in HB 26 -1142, see section 1 of chapter 44, Session Laws of Colorado
2026.
ANNOTATION
I. General Consideration.
I. GENERAL CONSIDERATION.
Law reviews. For article, "Towards a
More Practical Central Registry", see 51
Den. L.J. 509 (1974). For article, "The Role
of Parents' Counsel in Dependency and
Neglect Proceedings — Part I", see 14 Colo.
Law. 568 (1985). For article, "House Bill
1268 — In the Best Interests of the Child",
see 18 Colo. Law. 1703 (1989). For article,
"Interested Parties in Juvenile Dependency
and Neglect Cases", see 33 Colo. Law. 109
(Aug. 2004). For article, "Family Law and
Juvenile Delinquency", see 37 Colo. Law.
61 (Oct. 2008). For comment, "People ex
rel. K.C. V . K.C.: ICWA Is for All Native
Children", see 100 Denv. L. Rev. 465
(2023). For article, "House Bill 22 -1038:
Colorado Continues its History of
Expanding Children's V oice and
Representation in D&N Proceedings", see
52 Colo. Law. 34 (Apr. 2023).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Section not unconstitutionally vague.
This section is not so vague and uncertain
that it fails to meet the constitutional
requirements for statutory definiteness.
People in Interest of D.A.K., 198 Colo. 11,
596 P.2d 747 (1979).
Parent-child relationship
constitutionally protected. The parent -
child relationship finds protection in both
the due process and equal protection clauses
of the fourteenth amendment, and parents
have a fundamental interest in maintaining
this legal relationship with their natural
children. Termination of the parent -child
relationship divests the parent and the child
of all legal rights and obligations with
respect to each other. For this reason, the
power of the state to sever parental ties
should be exercised with extreme caution.
People in Interest of E.A., 638 P.2d 278
(Colo. 1981).
Proceedings under this title are not
criminal or penal, but protective, and, in
so far as may be, those in charge of
prosecution should not make use of
instrumentalities or terms that are peculiarly
adapted to prosecutions for misdemeanors or
crimes as such. Kahm v. People, 83 Colo.
300, 264 P. 718 (1928).
Guardian includes persons vested by
court action with duty and authority to
make major decisions affecting a child.
S.A.S. v. Dist. Court, 623 P.2d 58 (Colo.
1981).
Colorado Children's Code does not
supply definition of "interested party". In
Colorado Revised Statutes 2026
Title 19 - Children's Code
-35-
re People in Interest of C.P., 34 Colo. App.
54, 524 P.2d 316 (1974).
Legal custodian is an interested party
to delinquency action. S.A.S. v. Dist.
Court, 623 P.2d 58 (Colo. 1981).
Child's legal custodian stands in loco
parentis to child, and is one who assumes
the status and obligations of a parent without
the formality of an adoption proceeding.
People in Interest of P.D., 41 Colo. App.
109, 580 P.2d 836 (1978).
Termination of loco parentis status. One
standing in loco parentis may at his election
be relieved of that status and the attendant
obligations at any time upon petition to the
court. People in Interest of P.D., 41 Colo.
App. 109, 580 P.2d 836 (1978).
"Termination" of the parent -child legal
relationship includes the elimination of any
right of continued visitation between parent
and child, including such rights provided in
a court order. People in Interest of M.M.,
726 P.2d 1108 (Colo. 1986).
Fact that state department of
institutions was vested with right to
control an individual incident to its legal
custody of that person is not per se
determinative of the question of whether the
person was a member of his father's
household for purposes of the "family car
doctrine". Hasegawa v. Day, 684 P.2d 936
(Colo. App. 1983), rev'd on other grounds
sub nom. Casebolt v. Cowan, 829 P.2d 352
(Colo. 1992).
"Order". This section does not define
"order" as that word is used in § 19 -2-103
(6)(a). However, court order has been
broadly defined in case law as any direction
of a court not contained or included in a
judgment. Hence, a directive issued by a
juvenile court judge to a director of a
juvenile detention center and warden of a
county jail defining standards for placing a
juvenile in the county jail was an order
satisfying the requirements of § 19 -2-103
(6)(a). C.C.C. v. Dist. Court, 188 Colo. 437,
535 P.2d 1117 (1975).
For case construing "child in need of
supervision", see People in Interest of D.R.,
29 Colo. App. 525, 487 P.2d 824 (1971).
Petition in dependency cannot be
converted into adoption proceeding, and
legal custody, unlike adoption, is not meant
to create a permanent status. People in
Interest of P.D., 41 Colo. App. 109, 580 P.2d
836 (1978).
"Juvenile court" or "court", as defined
in former subsection (17) (now subsection
(70)) of this section, means juvenile court of
Denver or the juvenile division of any
district court outside of Denver and does not
include municipal courts. R.E.N. v. City of
Colo. Springs, 823 P.2d 1359 (Colo. 1992).
In a dispute between parents, the
factors enumerated in § 14 -10-124 (1.5)
may be considered in determining the best
interests of the child. People in Interest of
A.A.G., 902 P.2d 437 (Colo. App. 1995),
aff'd in part, rev'd in part on other grounds,
912 P.2d 1385 (Colo. 1996).
"Physical custodian" is only
responsible for meeting a child's needs,
unlike a legal custodian who stands in loco
parentis to a child. People v. Legler, 969
P.2d 691 (Colo. 1998).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-36-
Person not a custodian who has not been
providing shelter, food, clothing, or care for
the juvenile at the time of the arrest, has not
seen or heard from the juvenile in over two
months, and has refused to allow juvenile to
return to her home. People v. Legler, 969
P.2d 691 (Colo. 1998).
Questions concerning a child's health
and safety are purview of trial court,
which retains ultimate decision -making
authority in the case. The trial court itself
must make decisions regarding visitation
and may not delegate this function to third
parties. People ex rel. B.C., 122 P.3d 1067
(Colo. App. 2005).
Applied in People in Interest of M.M., 43
Colo. App. 65, 599 P.2d 968 (1979); People
in Interest of R.R., 43 Colo. App. 208, 607
P.2d 1013 (1979); People v. L.A., 199 Colo.
390, 609 P.2d 116 (1980); People in Interest
of G.L., 631 P.2d 1118 (Colo. 1981); People
v. R.V ., 635 P.2d 892 (Colo. 1981);
Hesseltine v. United States, 538 F. Supp.
1003 (D. Colo. 1982); People v. Mann, 646
P.2d 352 (Colo. 1982); McCall v. Dist. Court
ex rel. County of Montezuma, 651 P.2d 392
(Colo. 1982); J.T. v. O'Rourke ex rel. Tenth
Judicial Dist., 651 P.2d 407 (Colo. 1982);
People in Interest C.A.K., 652 P.2d 603
(Colo. 1982); People in Interest of O.E.P.,
654 P.2d 312 (Colo. 1982); People in
Interest of C.R.B., 662 P.2d 198 (Colo. App.
1983); City & County of Denver v. Dist.
Court, 675 P.2d 312 (Colo. 1984); People ex
rel. T.D., 140 P.3d 205 (Colo. App. 2006).
II. SPECIFIC DEFINITIONS.
A. Abuse.
B. Adjudication.
C. Appropriate Treatment Plan.
D. Child.
E. Delinquent Child.
F. Dependency.
G. Emancipated Juvenile.
H. Grandparent.
I. Guardian Ad Litem.
J. Independent Living.
K. Placement Out of the Home.
A. Abuse.
The purpose behind the definition of
abuse in the reporting section is to
encourage persons to report any suspected
child abuse. People in Interest of M.A.L., 37
Colo. App. 307, 553 P.2d 103 (1976).
And it is thus much more liberal than a
definition of abuse which would be used to
support an adjudication that a child is
neglected or dependent. People in Interest of
M.A.L., 37 Colo. App. 307, 553 P.2d 103
(1976).
The applicability of the definition of
"abuse" is limited to the statutory
provisions on reporting child abuse. People
in Interest of M.A.L., 37 Colo. App. 307,
553 P.2d 103 (1976).
For a finding of institutional neglect or
abuse under subsection (1)(a)(III), child
abuse or neglect can be found when one has
failed to act as a "prudent parent" would
under the circumstances. In applying the
"prudent parent" standard, it is improper to
consider the adult's status as a licensed child
care provider under the circumstances in the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-37-
analysis. Ansel v. State Dept. of Human
Servs., 2020 COA 172M, 480 P.3d 758.
Question of fact. Where, in a neglect or
dependency proceeding, it is shown that a
child has sustained a nonaccidental injury
resulting from an instance of parent -
administered corporal punishment, the
reasonableness of that punishment is a
question to be decided by the trier of fact.
People in Interest of M.A.L., 37 Colo. App.
307, 553 P.2d 103 (1976).
Where instruction on definition of
abuse improper. Where it is contended that
the child is dependent or neglected because
of injuries resulting from the intentional
infliction of corporal punishment, an
instruction on the definition of "abuse" in
this section is improper because it includes
both unexplained and nonaccidental injury,
and such an instruction would tend only to
confuse the jury. People in Interest of
M.A.L., 37 Colo. App. 307, 592 P.2d 415
(1976).
Where no evidence was presented that
child suffered bruising and child could
not be ruled to have become a child in
need of services as a result of subject's
actions of requiring the child, a resident at
an institution for juvenile offenders, to
remove his clothing as punishment for his
disruptive actions, subject's actions cannot
be described as child abuse. Wilson v. State
Dept. of Human Servs., 969 P.2d 770 (Colo.
App. 1998).
Where evidence showed that mother
allowed the six -year-old child to go on a
26-day road trip with stepfather and
allowed the stepfather to spank the child
during that road trip and at home, which
spankings became increasingly severe,
evidence was sufficient to support jury
finding that the child was dependent and
neglected. People ex rel. of E.S., 49 P.3d
1221 (Colo. App. 2002).
Applied in People v. Jennings, 641 P.2d
276 (Colo. 1982).
B. Adjudication.
Definition of "adjudication" specifically
requires that the juvenile has committed a
delinquent act or that the juvenile has pled
guilty to committing a delinquent act.
Gilmore v. Concerned Parents of Pueblo, 28
P.3d 963 (Colo. App. 2000), aff'd on other
grounds, 47 P.3d 311 (Colo. 2002).
C. Appropriate Treatment Plan.
The appropriateness of a treatment
plan must be measured by its likelihood
of success in reuniting the family and must
be assessed in light of the facts existing at
the time of its adoption. People in Interest of
M.M., 726 P.2d 1108 (Colo. 1986); People
in Interest of R.J.A., 994 P.2d 470 (Colo.
App. 1999); People ex rel. J.M.B., 60 P.3d
790 (Colo. App. 2002); People ex rel. T.T.,
128 P.3d 328 (Colo. App. 2005).
It is because it is the parent's
responsibility to assure compliance with
and success of a treatment plan that the
appropriateness of a treatment plan is not
nullified by its ultimate failure to rehabilitate
a parent. People in the Interest of A.H., 736
P.2d 425 (Colo. App. 1987); People in
Interest of R.J.A., 994 P.2d 470 (Colo. App.
1999); People ex rel. J.M.B., 60 P.3d 790
(Colo. App. 2002).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-38-
The purpose of a treatment plan is to
preserve the parent -child legal relationship
by assisting the parent in overcoming the
problems that required intervention into the
family. People ex rel. D.G., 140 P.3d 299
(Colo. App. 2006).
Sex offender evaluation and treatment
is inconsistent with the purposes of the
Colorado Children's Code. A juvenile
court overseeing a dependency and neglect
case may not require a parent to complete
sex offender evaluation and treatment if the
parent objects and has not been convicted of
a qualifying sex offense. People in Interest
of M.W., 2022 COA 72, 518 P.3d 1132.
D. Child.
Definition of "child" to include unborn
child is constitutional. Metzger v. People,
98 Colo. 133, 53 P.2d 1189 (1936).
It is liberally construed. The definition
of a "child" as a person under 18 years of
age unless the context otherwise requires
manifests the intention of the general
assembly that the word should be construed
liberally to aid in implementing the purposes
of the Colorado Children's Code. People in
Interest of Unborn Child v. Estergard, 169
Colo. 445, 457 P.2d 698 (1969).
"Child" includes human being during
pregnancy. No violence is done to the
orderly process of the rational mind by
letting the word "child" include a human
being immediately upon conception and
during the period of pregnancy, as well as
one actually born. Metzger v. People, 98
Colo. 133, 53 P.2d 1189 (1936).
The welfare of a child is well -served by
proper care during pregnancy. The general
assembly violates no constitutional principle
by providing that "child" should include a
human being upon conception and during
pregnancy, as well as one actually born.
People in Interest of Unborn Child v.
Estergard, 169 Colo. 445, 457 P.2d 698
(1969).
Otherwise, father could evade support
responsibility by leaving state. To construe
"child" so as to exclude an unborn child
would permit the father of an unborn child
to evade his responsibility for support by
leaving the state at any time prior to the
birth of the child. People in Interest of
Unborn Child v. Estergard, 169 Colo. 445,
457 P.2d 698 (1969).
The Colorado Children's Code defines
a "child" as a person under 18 years of
age and therefore does not include an
"unborn child". When the general
assembly amended the definition of child in
1967 and removed the reference to an
unborn child, the intent was to change the
law and no longer subject an unborn child to
the provisions of the Children's Code.
People ex rel. H., 74 P.3d 494 (Colo. App.
2003).
Defendant becoming 18 before trial
included. The juvenile court's exclusive
original jurisdiction continued regardless of
the fact that at least one defendant reached
his eighteenth birthday before trial. Maddox
v. People, 178 Colo. 366, 497 P.2d 1263
(1972).
Age at which acts are committed is
determinative factor as to the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-39-
applicability of the Colorado Children's
Code. People in Interest of M.C., 750 P.2d
69 (Colo. App. 1987), aff'd, 774 P.2d 857
(Colo. 1989).
Duty of parent to support until 21 years
or emancipation not abrogated. There is
no general mandate in subsection (3) of this
section, as it existed prior to 1987, or § 19 -
7-101 (2) or § 13 -22-101 which abrogates
the duty of support a parent has toward his
minor child until the age of 21 or
emancipation. In re Weaver, 398 Colo. App.
523, 571 P.2d 307 (1977).
Applied in People ex rel. Rodello v. Dist.
Court, 164 Colo. 530, 436 P.2d 672 (1968);
Jaramillo v. Dist. Court, 173 Colo. 459, 480
P.2d 841 (1971).
E. Delinquent Child.
By its definition of a "delinquent child"
the general assembly includes, in its first
two categories, only those children who
commit acts which, if they were adults,
would constitute commission of either a
felony or a major misdemeanor. The act of
violating a child in need of supervision
probation is not remotely comparable to
those set forth in the statute. People in
Interest of D.R., 29 Colo. App. 525, 487
P.2d 824 (1971).
A delinquent child is defined as one
under 18 but over 10, who violates a state
law, excepting state traffic laws. I.R. v.
People, 171 Colo. 54, 464 P.2d 296 (1970).
Juvenile charged under municipal
shoplifting ordinance not "delinquent
child". A juvenile who could have been
charged under the general theft statute but is
only charged under a municipal shoplifting
ordinance carrying no jail sentence is not a
delinquent child and the juvenile court does
not have sole and exclusive jurisdiction.
Wigent v. Shinsato, 43 Colo. App. 83, 601
P.2d 653 (1979).
Age of no criminal responsibility for
felony raised to 14. Though the Colorado
Children's Code may not in so many words
raise the age below which there can be no
criminal responsibility as concerns a felony
from 10 to 14 years, that is exactly what it
did. People ex rel. Terrell v. Dist. Court, 164
Colo. 437, 435 P.2d 763 (1967).
Child may be directly prosecuted for
violation of traffic law. One under 18 who
violates a traffic law is not, under the
definition of the Colorado Children's Code,
a delinquent child, and is therefore not
subject to the original exclusive jurisdiction
of the juvenile court in delinquency
proceedings, and may be directly prosecuted
for a violation of a state traffic law. I.R. v.
People, 171 Colo. 54, 464 P.2d 296 (1970).
However, the Colorado Children's Code
contains no limitation on the authority of the
juvenile court to consider traffic charges
when coupled with other misdemeanor or
felony charges committed as a part of the
same act or series of acts and thus charges
were subject to the compulsory joinder
statute, § 18 -1-408 (2). Marquez v. County
Court, 719 P.2d 737 (Colo. App. 1986).
But vehicular homicide is not a
violation of traffic law as that phrase is
used in the Colorado Children's Code, but is
a form of homicide constituting a felony
Colorado Revised Statutes 2026
Title 19 - Children's Code
-40-
when committed by an adult. I.R. v. People,
171 Colo. 54, 464 P.2d 296 (1970).
County court may sentence minor to
jail term for traffic offense. When a minor
is convicted of a traffic offense in a county
court which has jurisdiction over that minor,
the Colorado Children's Code does not
prohibit the court from sentencing the minor
to serve a term in the county jail. Villareal v.
Lopez, 44 Colo. App. 555, 619 P.2d 86
(1980).
The act of entering into a marriage
contract regardless of age is not one of the
statutory acts of delinquency. Spencer v.
People in Interest of Spencer, 133 Colo. 196,
292 P.2d 971 (1956).
Delinquency provisions formerly
excluded crimes "punishable by death or
life imprisonment" which were held not to
embrace offenses which have a sentence of
less than life imprisonment as a minimum
and a maximum of either life imprisonment
or death. Jaramillo v. Dist. Court, 173 Colo.
459, 480 P.2d 841 (1971); Vigil v. People,
174 Colo. 394, 484 P.2d 105 (1971);
Maddox v. People, 178 Colo. 366, 497 P.2d
1263 (1972).
Applied in John Doe v. People, 156 Colo.
311, 398 P.2d 624 (1965); People v. Dist.
Court, 199 Colo. 197, 606 P.2d 450 (1980).
F. Dependency.
"Abuse". The term "abuse" must be
liberally construed to carry out the declared
purpose of neglect and dependency
proceedings. People in Interest of D.A.K.,
198 Colo. 11, 596 P.2d 747 (1979).
An ordinarily reasonable parent can
understand what it means to "abuse" and
"mistreat" a child. Fundamental fairness
does not require a statute to enumerate in
all-encompassing examples, or exactly
described acts, precisely how poorly a
parent can treat a child before risking loss of
parental rights. People in Interest of D.A.K.,
198 Colo. 11, 596 P.2d 747 (1979).
The terms of subsection (1)(b) of this
section, although general in nature, are
sufficiently precise to permit persons of
common intelligence to understand their
meaning, and are not void for vagueness
under the due process requirements of the
Colorado Constitution. Watso v. Dept. of
Soc. Servs., 841 P.2d 299 (Colo. 1992).
Purpose of adjudicatory hearing. An
adjudicatory hearing on dependency or
neglect is designed to determine whether the
child, for whatever reason, lacks the benefit
of parental guidance, concern, protection or
support to which he is entitled. People in
Interest of E.A., 638 P.2d 278 (Colo. 1981).
Determination proceeding is civil in
nature. A proceeding to determine whether
a child is dependent or neglected is civil in
nature. People in Interest of D.A.K., 198
Colo. 11, 596 P.2d 747 (1979).
And child is entitled to support until
18. Under the provisions concerning
dependent and neglected children, there is a
continuing liability upon the father of a
legitimate, or illegitimate child, to provide
reasonable support commensurate with the
need of the child and the ability of the father
until said child has attained the age of 18
Colorado Revised Statutes 2026
Title 19 - Children's Code
-41-
years. Ortega v. Portales, 134 Colo. 537, 307
P.2d 193 (1957).
Dependent child becomes ward of state.
This section defines dependent and
neglected children, and a child under the age
of 18 years that falls within the classification
of a dependent or neglected child becomes a
ward of the state and the state can intervene.
Kearney v. Blue, 134 Colo. 217, 301 P.2d
515 (1956).
"Legal custodian" does not encompass a
state agency or employee thereof to which a
delinquent child has been committed. People
v. McAnally, 192 Colo. 12, 554 P.2d 1100
(1976).
Care is preferably in child's own home.
A neglected and dependent child's care and
guidance should be preferably in his own
home, so as to preserve and strengthen
family ties. In re People in Interest of M.M.,
184 Colo. 298, 520 P.2d 128 (1974).
Absent a showing of a causal relationship
between an environment and a serious threat
to the emotional or physical stability of the
child, public policy requires that the care
and guidance of each child should remain
with his parents and in his own home.
People in Interest of D.L.R., 44 Colo. App.
327, 618 P.2d 687 (Colo. 1980), rev'd on
other grounds, 638 P.2d 39 (Colo. 1981).
Removal only where child's welfare and
safety and protection of public
endangered. The court should not remove a
neglected and dependent child from the
custody of his parents except when his
welfare and safety or the protection of the
public would be endangered. In re People in
Interest of M.M., 184 Colo. 298, 520 P.2d
128 (1974).
Upon determination that conditions
will continue in future. To determine that
the best interests and welfare of a dependent
or neglected child would be served by a
termination of parental rights, the trial court
must find that the condition which resulted
in the determination that the child is
dependent and neglected will in all
probability continue into the future. In re
People in Interest of M.M., 184 Colo. 298,
520 P.2d 128 (1974).
Showing of prospective harm suffices.
Former subsection (20) (now subsection (1))
can be satisfied upon a proper showing of
prospective harm to the child. People in
Interest of D.L.R., 638 P.2d 39 (Colo. 1981).
The rule of statutory construction of § 2 -
4-104 which states that words in the present
tense include the future tense requires that
former subsection (20) be interpreted to read
"who lacks or will lack proper parental
care." People in the Interest of D.L.R., 638
P.2d 39 (Colo. 1981).
Abuse of siblings may be considered in
determining dependency and neglect. In
determining the dependency and neglect of a
child, evidence that his siblings have been
abused may be considered by the trial court
as probative of whether the nonabused child
lacks proper parental care. People in Interest
of B.W., 626 P.2d 742 (Colo. App. 1981).
While a parent's treatment of one child
may be considered in determining whether
another child is dependent or neglected,
consideration of the individual needs,
strengths, and weaknesses of each child and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-42-
each parent is also probative. People ex rel.
T.T., 128 P.3d 328 (Colo. App. 2005).
And court must evaluate disabled
parent's capabilities and contributions.
The court must evaluate a disabled parent's
actual and potential physical capabilities, his
adaptation to the disability, how other
members of the family have adjusted to the
disability, and the special contributions the
person may make to the family. The
paramount consideration in this type of
proceeding is the best interests of the child.
People in Interest of B.W., 626 P.2d 742
(Colo. App. 1981).
Court must find that under no
reasonable circumstances can welfare of
child be served by continuation of parent -
child relationship. This test requires the
court to explore and specifically eliminate
alternative remedies. In re People in Interest
of M.M., 184 Colo. 298, 520 P.2d 128
(1974).
But termination of parental rights is
not mandatory. Although the evidence may
be sufficient to support a finding of neglect
and dependency and may require
termination of parental rights in order to
serve the best interests of the child, it does
not follow that the court must terminate
parental rights because the evidence is
sufficient to support a finding of neglect and
dependency. In re People in Interest of
M.M., 184 Colo. 298, 520 P.2d 128 (1974).
Insufficient findings and conclusions.
Findings and conclusions of the referee that
the father failed without cause to provide
reasonable support for his daughter and that
the child's best interests dictated that his
parental rights be terminated did not satisfy
the prerequisites of subsection (20) and fell
short of the required finding of a history of
severe and continuous neglect, conclusion
that there exists a substantial probability of
future deprivation, and determination that
under no reasonable circumstances could the
child's welfare be served by a continuation
of her relationship with her father. People in
Interest of S.S.T., 38 Colo. App. 110, 553
P.2d 82 (1976).
Loss of physical custody pursuant to
marriage dissolution may terminate
custodial duties. A person who initiates a
dependency or neglect action and obtains
legal custody of a child need not continue to
serve as legal custodian and provide support
after losing physical custody of the child in a
dissolution of marriage action. People in
Interest of P.D., 41 Colo. App. 109, 580 P.2d
836 (1978).
However, a person who undertakes a
permanent obligation pursuant to a parental
responsibility order under § 14 -10-123 owes
a duty of support to the child in a dissolution
of marriage proceeding, and trial court has
authority to enter a child support order
pursuant to § 14 -10-115 (1) and (17). In re
Rodrick, 176 P.3d 806 (Colo. App. 2007).
Child was not "dependent child".
Snyder v. Schmoyer, 106 Colo. 290, 104
P.2d 612 (1940).
Applied in Bd. of Control v. Mulertz, 60
Colo. 468, 154 P. 742 (1916); Storey v.
Shumaker, 131 Colo. 131, 279 P.2d 1057
(1955); Daugaard v. People in Interest of
Daugaard, 176 Colo. 38, 488 P.2d 1101
(1971).
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G. Emancipated Juvenile.
Trial court properly applied the
definition of "emancipated juvenile" in
finding that the juvenile was
emancipated. The trial court appropriately
found that the juvenile was emancipated
where the juvenile had been on his own for
three months and had not been receiving
financial support from his mother. People v.
Lucas, 992 P.2d 619 (Colo. App. 1999).
H. Grandparent.
Exclusion from "grandparent"
definition refers to all orders of
termination, including those entered in
dependency and neglect proceedings. People
in Interest of J.W.W., 936 P.2d 599 (Colo.
App. 1997); People in Interest of C.N., 2018
COA 165, 431 P.3d 1219.
"Great-grandmother" does not fall
within the definition of "grandparent",
therefore, great -grandmother lacked
standing to seek visitation under § 19 -1-117.
In re M.D.E., 2013 COA 13, 297 P.3d 1058.
I. Guardian Ad Litem.
Law reviews. For casenote, "A Colorado
Child's Best Interests: Examining the
Gabriesheski Decision and Future Policy
Implications", see 85 U. Colo. L. Rev. 537
(2014).
Guardian ad litem may make
recommendations to trial court by
presenting opinions based upon an
independent investigation or by advocating a
specific result based upon the evidence.
People in Interest of J.E.B., 854 P.2d 1372
(Colo. App. 1993); People in the Matter of
A.L.B., 994 P.2d 476 (Colo. App. 1999).
J. Independent Living.
Placement with a natural parent does
not qualify as "independent living" within
the meaning of subsection (65). People ex
rel. P.C., 80 P.3d 942 (Colo. App. 2003).
K. Placement Out of the Home.
A natural parent does not constitute a
"facility or center operated or licensed by
the department of human services" for
purposes of subsection (85). People ex rel.
P.C., 80 P.3d 942 (Colo. App. 2003).
19-1-103.5. Other definitions. (Repealed)
Source: L. 96: Entire section added, p. 82, § 2, effective July 1. L. 97: Entire section repealed,
p. 1031, § 67, effective August 6.
19-1-104. Jurisdiction.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings:
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(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 special immigrant juvenile status findings, as defined in
section 19-1-103, establishing eligibility for classification as a special immigrant juvenile under
federal law.
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(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
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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 o f 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
Colorado Revised Statutes 2026
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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.
Source: 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 February 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. 96, p. 290, §
1, effective April 4; (1)(i) amended, (SB 17 -242), ch. 263, p. 1309, § 149, effective May 25; (5)
amended and (8) added, (HB 17 -1110), ch. 137, p. 458, § 1, effective August 9. L. 2019: IP(1)
and (1)(c) amended and (1.5) added, (HB 19 -1042), ch. 55, p. 194, § 6, effective March 28. L.
2020: (1)(i) amended, (HB 20 -1402), ch. 216, p. 1048, § 34, effective June 30. L. 2021: (1)(n)
added and (7) amended, (HB 21 -1094), ch. 340, p. 2215, § 3, effectiv e June 25; (1)(a), (5), and
(8)(a)(I) amended, (SB 21 -059), ch. 136, p. 725, § 60, effective October 1. L. 2023: (6)
Colorado Revised Statutes 2026
Title 19 - Children's Code
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amended, (HB 23-1172), ch. 67, p. 237, § 1, effective August 7. L. 2024: (1.5) amended, (SB 24-
119), ch. 33, p. 103, § 4, effective August 7.
Editor's note: 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.
Cross references: (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.
ANNOTATION
I. General Consideration.
I. GENERAL CONSIDERATION.
Law reviews. For article, "The Denver
Juvenile Court", see 5 Den. B. Ass'n Rec. 1
(May, 1928). For article, "The State as
Parens Patriae: Juvenile Versus the Divorce
Courts on Questions Pertaining to Custody",
see 21 Rocky Mt. L. Rev. 375 (1949). For
article, "Workmen's Compensation,
Attorneys and Family Law", see 31 Dicta 1
(1954). For note, "Jurisdiction of Custody
Matters in Colorado", see 28 Rocky Mt. L.
Rev. 393 (1956). For note, "Compulsory
Medical Care for Infants", see 28 Rocky Mt.
L. Rev. 235 (1956). For article, "One Year
Review of Domestic Relations", see 34
Dicta 108 (1957). For article, "Juvenile
Delinquency in Colorado: The Law's
Response to Society's Need", see 31 Rocky
Mt. L. Rev. 1 (1958). For article, "One Year
Review of Domestic Relations", see 35
Dicta 36 (1958). For article, "One Year
Review of Criminal Law and Procedure",
see 36 Dicta 34 (1959). For article, "The
Adoption of Children in Colorado", see 37
Dicta 100 (1960). For note, "Enforcement of
Support Duties in Colorado", see 33 Rocky
Mt. L. Rev. 70 (1960). For article, "One
Year Review of Domestic Relations", see 38
Dicta 84 (1961). For note, "Juvenile
Delinquency — Colorado's Unassumed
Burden", see 36 U. Colo. L. Rev. 519
(1964). For article, "One Year Review of
Domestic Relations", see 41 D en. L. Ctr. J.
97 (1964). For note, "In re Gault and the
Colorado Children's Code", see 44 Den. L.J.
644 (1967). For note, "Delinquency
Jurisdiction in Colorado: Garcia and the
Children's Code", see 40 U. Colo. L. Rev. 80
(1967). For article, "Colorado Felony
Sentencing", see 11 Colo. Law. 1478 (1982).
For article, "Toward an Integrated Theory of
Delinquency Responsibility", see 60 Den.
L.J. 485 (1983). For note, "The Expanding
Scope of Prosecutorial Discretion in
Colorado Revised Statutes 2026
Title 19 - Children's Code
-49-
Charging Juveniles as Adults: A Critical
Look at People v. Thorpe", see 54 U. Colo.
L. Rev. 617 (1983). For article, "The
Expanded Jurisdiction of the Probate Court
Under In re J.C.T.", see 37 Colo. Law. 83
(Nov. 2008). For article, "At the
Intersection: Handling Dependency and
Neglect and Juvenile Delinquency Issues in
Family Law Cases", see 51 Colo. Law. 28
(Feb. 2022).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The juvenile court is a statutory court
with no jurisdiction beyond that expressly
given by statute. Everett v. Barry, 127 Colo.
34, 252 P.2d 826 (1953); Geisler v. People in
Interest of Geisler, 135 Colo. 121, 308 P.2d
1000 (1957); Wellbrink v. Walden, 142
Colo. 102, 349 P.2d 697 (1960); Martinez v.
Lopez, 153 Colo. 425, 386 P.2d 595 (1963);
People in Interest of L.B., 29 Colo. App.
101, 482 P.2d 1010 (1970), aff'd, 179 Colo.
11, 498 P.2d 1157 (1972); Pueblo County
Comm'rs v. Dist. Court, 708 P.2d 466 (Colo.
1985).
Purpose is to secure uniform
administration. Jurisdiction vested in the
court of the county where the child resides
provides uniform administration of the law
and uniform protection of all children in the
county. Geisler v. People in Interest of
Geisler, 135 Colo. 121, 308 P.2d 1000
(1957).
The juvenile court being a creature of
statute is limited by the provisions of the
statute creating it and defining its
jurisdiction. Kearney v. Blue, 134 Colo. 217,
301 P.2d 515 (1956).
This code intends to grant broad
jurisdiction to the juvenile court. Jaramillo
v. District Court, 173 Colo. 459, 480 P.2d
841 (1971).
The identification of those authorized
to invoke the court's jurisdiction operates
to exclude all persons not mentioned.
Where this section specifically identifies the
officers or persons who may invoke the
jurisdiction of a court in a proceeding which
is purely statutory, it is necessary and
essential that the persons thus named shall
institute the proceedings. Avery v. County
Court, 126 Colo. 421, 250 P.2d 122 (1952).
General rule. Jurisdiction attaches only
in proceedings brought, not in behalf of any
person, but solely where children are found
delinquent or have been so circumstanced,
neglected, or imposed upon as to require the
state to take over their custody or act
otherwise for their protection. Everett v.
Barry, 127 Colo. 34, 252 P.2d 826 (1953);
Carrera v. Kelley, 131 Colo. 421, 283 P.2d
162 (1955); Geisler v. People in Interest of
Geisler, 135 Colo. 121, 308 P.2d 1000
(1957); Wellbrink v. Walden, 142 Colo. 102,
349 P.2d 697 (1960); Martinez v. Lopez, 153
Colo. 425, 386 P.2d 595 (1963).
The Colorado Children's Code grants a
juvenile court exclusive original subject
matter jurisdiction over proceedings
concerning any child who is alleged to be
dependent or neglected. A court that has
already obtained subject matter jurisdiction
is not divested of its subject matter
jurisdiction by a later failure to follow
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Title 19 - Children's Code
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statutory requirements. People in Interest of
J.W., 2017 CO 105, 406 P.3d 853; People in
Interest of T.W., 2022 COA 88M, 519 P.3d
1071.
The status of being a neglected or
dependent child triggers juvenile court
jurisdiction over a child so circumstanced in
Colorado. People in Interest of A.M.D., 648
P.2d 625 (Colo. 1982); People in Interest of
J.W., 2017 CO 105, 406 P.3d 853.
In addition to subject matter
jurisdiction, the juvenile court must also
consider whether it has personal
jurisdiction over the child, and thus the
legal authority to enter permanent allocation
of parental rights (APR) orders. People in
Interest of T.W., 2022 COA 88M, 519 P.3d
1071.
An order of adjudication or the court's
determination that the child's factual
status is dependent or neglected is a
necessary step that grants a juvenile court
continuing personal jurisdiction over the
child. Although the juvenile court retains
broad subject matter jurisdiction over cases
concerning a child who is alleged to be
dependent or neglected, absent an
adjudication or a determination that the
child's factual status is dependent or
neglected, the juvenile court has not
maintained jurisdiction over the child under
subsection (6). People in Interest of T.W.,
2022 COA 88M, 519 P.3d 1071.
Juvenile court lacked continuing
personal jurisdiction over the child and
therefore legal authority to enter
permanent orders allocating parental
responsibilities where no order of
adjudication was entered by the court and
the parents admitted that the child was
dependent or neglected for purposes of
continuing the adjudication only and
therefore never made an admission, express
or implied, that the child had been or should
be adjudicated dependent or neglected.
People in Interest of T.W., 2022 COA 88M,
519 P.3d 1071.
Juvenile court maintained personal
jurisdiction over the child and therefore
legal authority to enter permanent orders
allocating parental responsibilities where
mother admitted child's status as dependent
or neglected then requested deferred entry of
the order of adjudication and continuance of
the hearing, mother never sought to
withdraw her admission, and the
department's motion to terminate mother's
parental rights erroneously stated that the
child had been adjudicated neglected or
dependent but the mother and the guardian
ad litem did not deny or object to that
erroneous assertion. Where a parent admits
that the child is neglected or dependent
under the applicable statutes, the court's
acceptance of the admission provides the
statutorily required jurisdictional basis for
further proceedings. People ex rel. N.D.V .,
224 P.3d 410 (Colo. App. 2009).
The court's failure to enter a written
adjudication order confirming the children's
status as dependent or neglected prior to
terminating the parent -child legal
relationship did not divest the court of
jurisdiction where mother admitted that the
children were dependent or neglected,
mother's admission was accepted by the
court as knowingly and voluntarily made,
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Title 19 - Children's Code
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and mother never sought to withdraw her
admission or otherwise offer the court any
basis to conclude that the children were not
dependent nor neglected. The court's
acceptance of mother's admission
established the status of the children as
dependent or neglected and the court's
continued jurisdiction over the children.
People in Interest of J.W., 2017 CO 105, 406
P.3d 853.
Allocation of juvenile and district court
jurisdiction in criminal proceedings. Once
an indictment charging a class 1 felony is
filed, the jurisdiction of the district court is
expressly fixed under subsection (4)(b)(I),
and that jurisdiction is not lost simply
because the juvenile defendant is convicted
of a lesser offense. People v. Davenport, 43
Colo. App. 41, 602 P.2d 871 (1979).
Charges involving a minor should be
resolved in adult court when the
requirements of the direct filing statute are
satisfied as to any charge. People v. Dalton,
70 P.3d 517 (Colo. App. 2002).
Juvenile court lacks exclusive
jurisdiction where juvenile charged with
municipal ordinance violation. A juvenile
who could have been charged under the
general theft statute but is only charged
under a municipal shoplifting ordinance
carrying no jail sentence is not a delinquent
child and the juvenile court does not have
sole and exclusive jurisdiction. Wigent v.
Shinsato, 43 Colo. App. 83, 601 P.2d 653
(1979).
Juveniles to have same rights as adults
in trials for municipal ordinance
violations. The juvenile court's assumption
of jurisdiction carries with it the same trial
duties as to juveniles who have violated
municipal ordinances, as a municipal court
has to adults who violated the same
ordinances. People v. Hight, 198 Colo. 299,
599 P.2d 885 (1979).
The Colorado Children's Code confers
on Colorado courts jurisdiction over any
child physically present in the state.
People in Interest of E.F.C., 30 Colo. App.
190, 490 P.2d 706 (1971).
Colorado domicile of a child is not a
prerequisite to jurisdiction of Colorado
courts over that child. People in Interest of
E.F.C., 30 Colo. App. 190, 490 P.2d 706
(1971).
Certification of the issue of custody to
the juvenile court pursuant to former
subsection (5)(a) (now subsection (4)(a)) is
mandatory. In re Eckman, 645 P.2d 866
(Colo. App. 1982).
Juvenile court has power and duty to
make such determinations as it deems
appropriate regarding custody and care
of a child adjudicated to be within its
exclusive jurisdiction. City & County of
Denver v. Juvenile Court, 182 Colo. 157,
511 P.2d 898 (1973).
But department of welfare does not.
Given the broad power of the juvenile court
to make determinations as to the custody
and care of a child under its jurisdiction, it
would be inconsistent and contrary to the
intent of the general assembly to also find
such a power in the Denver department of
welfare. City & County of Denver v.
Juvenile Court, 182 Colo. 157, 511 P.2d 898
(1973).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Juvenile court may delegate
responsibility for placement of child. City
& County of Denver v. Juvenile Court, 182
Colo. 157, 511 P.2d 898 (1973).
And department of welfare is agent of
court subject to court's further authority.
The court is vested with the ultimate
responsibility in the placement of a child for
adoption, and thus, whatever authority the
welfare department may have concerning
custody and/or placement arises as a result
of a delegation of that authority by the court.
In essence, therefore, the department acts as
the agent of the court, assisting in the
fulfillment of the court's responsibility. The
grant to the welfare department of custody
and authority to place for adoption is thus
subject to revocation, limitation, or control
by the court delegating such authority.
People in Interest of M.D.C.M., 34 Colo.
App. 91, 522 P.2d 1234 (1974).
In evaluating the child's best interests,
the probate court did not exceed its
jurisdiction by directing the GAL to find
a permanent guardian or by considering
the potential for a future adoption.
Nothing in this section deprives the district
court of the authority to appoint a guardian
for a child. In re J.C.T., 176 P.3d 726 (Colo.
2007).
No automatic repeal by § 16 -11-309.
The general assembly did not automatically
intend to repeal the special provision for
discretionary sentencing of juveniles, this
section, by the enactment of the general
mandatory sentencing statute, § 16 -11-309.
People v. Dist. Court, 196 Colo. 249, 585
P.2d 913 (1978).
Testimony as to age is prima facie case
for jurisdiction. The defendants, by their
own testimony that they were 17 years old,
made a prima facie case as to their
juvenility, and it became incumbent upon
the prosecutor to either prove that the
defendants were 18 or older or to ask that
the case be remanded to the juvenile court
for transfer proceeding under the Colorado
Children's Code. Maddox v. People, 178
Colo. 366, 497 P.2d 1263 (1972).
Waiver of juvenile court's jurisdiction,
after a transfer hearing, will not be set
aside unless the findings upon which the
waiver was based were erroneous. People in
Interest of G.A.T., 183 Colo. 111, 515 P.2d
104 (1973).
Jurisdiction to order placement of
juvenile in private facilities. Courts have
the jurisdiction to enter custodial orders
placing a juvenile in private facilities and
directing that the appropriate county
department of social services pay the cost of
such private treatment. Heim v. Dist. Court,
195 Colo. 107, 575 P.2d 850 (1978).
While subsection (1) generally provides
exclusive jurisdiction in the juvenile court
over the actions enumerated therein, the
clause "except as otherwise provided by
law," is an express limitation on such
jurisdiction. In re De La Cruz, 791 P.2d
1254 (Colo. App. 1990).
Applied in People v. Dist. Court, 191
Colo. 298, 552 P.2d 297 (1976); People v.
Maynes, 193 Colo. 111, 562 P.2d 756
(1977); Ford v. Ford, 194 Colo. 134, 571
P.2d 717 (1977); People in Interest of P.D.,
41 Colo. App. 109, 580 P.2d 836 (1978);
Colorado Revised Statutes 2026
Title 19 - Children's Code
-53-
People v. Dist. Court, 199 Colo. 197, 606
P.2d 450 (1980); People v. Lee, 630 P.2d 583
(Colo. 1981); May v. People, 636 P.2d 672
(Colo. 1981); People in Interest of D.L.R.,
638 P.2d 39 (Colo. 1981); People v. M.A.W.,
651 P.2d 433 (Colo. App. 1982); City &
County of Denver v. Dist. Court, 675 P.2d
312 (Colo. 1984); People v. Cunningham,
678 P.2d 1058 (Colo. App. 1983); Rocha v.
People, 713 P.2d 350 (Colo. 1986).
II. PARTICULAR PROCEEDINGS.
A. Delinquency.
B. Dependency.
C. Paternity.
D. Adoption.
E. Other Proceedings.
A. Delinquency.
Child may be prosecuted directly for
traffic violation. One under 18 who violates
a traffic law is not a delinquent child, and is
therefore not subject to the original
exclusive jurisdiction of the juvenile court in
delinquency proceedings, and may be
directly prosecuted for a violation of a state
traffic law. I.R. v. People, 171 Colo. 54, 464
P.2d 296 (1970).
However, the Colorado Children's Code
contains no limitation on the authority of the
juvenile court to consider traffic charges
when coupled with other misdemeanor or
felony charges committed as a part of the
same act or series of acts and thus charges
are subject to the compulsory joinder statute,
§ 18 -1-408 (2). Marquez v. County Court,
719 P.2d 737 (Colo. App. 1986).
County court may sentence minor to
jail term for traffic offense. When a minor
is convicted of a traffic offense in a county
court which has jurisdiction over that minor,
the Colorado Children's Code does not
prohibit the court from sentencing the minor
to serve a term in the county jail. Villareal v.
Lopez, 44 Colo. App. 555, 619 P.2d 86
(1980).
B. Dependency.
The remedy in case of an abandoned
and neglected child rests exclusively in a
juvenile court as provided in this section.
Johnson v. Black, 137 Colo. 119, 322 P.2d
99 (1958).
Juvenile courts are authorized to
determine the question of dependency, and,
if found, to determine who is responsible
therefor, and to enforce their findings by
judgment and execution. Ortega v. Portales,
134 Colo. 537, 307 P.2d 193 (1957);
Martinez v. Lopez, 153 Colo. 425, 386 P.2d
595 (1963).
Jurisdiction proper where child
abandoned to care of relatives. The
assertion that the court lacked jurisdiction
over a child because the child was not
dependent and neglected is without merit
where the child has been abandoned to the
care of a grandfather and aunt. People in
Interest of F.M., 44 Colo. App. 142, 609
P.2d 1123 (1980).
In a dependency and neglect
proceeding, an allocation of parental
rights (APR) order is a final and
appealable order under subsection (6). An
appeal must be filed within twenty -one days
of the APR order to be considered timely.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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People in Interest of M.R.M., 2021 COA 22,
484 P.3d 807.
A juvenile court has no jurisdiction in
contests about custody of children, whether
it is between parents or other individuals. In
re People in Interest of McChesney, 103
Colo. 115, 83 P.2d 772 (1938); Arnett v.
Northern, 118 Colo. 307, 194 P.2d 909
(1948); Everett v. Barry, 127 Colo. 34, 252
P.2d 826 (1953); Kearney v. Blue, 134 Colo.
217, 301 P.2d 515 (1956); Johnson v. Black,
137 Colo. 119, 322 P.2d 99 (1958);
Wellbrink v. Walden, 142 Colo. 102, 349
P.2d 697 (1960).
This section does not grant a juvenile
court that has personal jurisdiction over
the parents of dependent or neglected
children and subject matter jurisdiction
over cases concerning dependent or
neglected children with power over those
parents regarding their nondependent
children such that it can order the parents to
take the nondependent siblings to
compulsory therapeutic visitation, especially
in light of parents' fundamental
constitutional right to make decisions about
their children. In re People in Interest of
S.A., 2022 CO 27, 511 P.3d 597.
Determination of neglect and
dependency can be sought only where
immediate needs and welfare of child are
in peril, and consequently, they represent
situations where the doctrine of parens
patriae would be applicable. Such being the
case, the trial court properly assumes
preliminary jurisdiction over children
brought into the state by their mother, but
whose custody had been previously awarded
to the father by a court in another state,
which jurisdiction will become absolute if a
valid showing is made by the state of a
dependency and neglect situation as defined
in the Colorado Children's Code. In re
People in Interest of E.F.C., 30 Colo. App.
190, 490 P.2d 706 (1971).
Such a dispute is one for determination
by a divorce proceeding by which proper
jurisdiction of the person and subject matter
could be had and all parties properly
protected. Kearney v. Blue, 134 Colo. 217,
301 P.2d 515 (1956).
But district court jurisdiction
suspended when state brings dependency
proceeding. A district court's jurisdiction to
dispose of the custody of a child as between
the parties to a divorce proceeding and as
ancillary to that proceeding, is suspended by
the institution of and during the pendency of
a direct proceeding in dependency by the
state in the interest of the child in a county
court under this section. People ex rel.
Lucke v. County Court, 109 Colo. 447, 126
P.2d 334 (1942).
The jurisdiction of a divorce court is
exercised as between a husband and wife;
that of a juvenile court in dependency
proceedings, as between the state in the
interest of the child, and the parents of the
child. The two courts may have
simultaneous, though not concurrent,
jurisdiction concerning the custody of a
child. But where both courts make orders
concerning such custody, the operation of
the order of the divorce court is suspended
during the period, and only during the
period, that the order of t he juvenile court
remains in force. Ross v. Ross, 89 Colo.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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536, 5 P.2d 246 (1931); Johnson v. Black,
137 Colo. 119, 322 P.2d 99 (1958).
District court exceeded its statutory
jurisdiction by ordering that defendant not
have custody of her children as a condition
of probation for the crime of criminally
negligent child abuse resulting in death.
Subsection (1) grants the juvenile court
exclusive jurisdiction to determine the legal
custody of any child who is dependent or
neglected. People v. Forsythe, 43 P.3d 652
(Colo. App. 2001).
Once a petition for custody under § 14 -
10-123 is certified to be determined as
part of a pending dependency and neglect
action pursuant to this section, dissolution
of marriage statutes cease to apply.
Instead, provisions of the Colorado
Children's Code govern, in view of the
differing policies behind the respective
statutes. People in Interest of D.C., 851 P.2d
291 (Colo. App. 1993); People in Interest of
A.A.G., 902 P.2d 437 (Colo. App. 1995),
aff'd in part, rev'd in part on other grounds,
912 P.2d 1385 (Colo. 1996).
Juvenile court acting under subsection
(6) may enter child support order, which
order must follow the provisions of article
6 of this title and the child support
guidelines set forth in § 14 -10-115. Where
delinquency court granted stipulation
allocating parental responsibilities to
mother, in determining support, court was
required to follow the provisions of article 6,
including § 19-6-106, which in turn requires
compliance with the child support
guidelines. Court erred in failing to address
the factors set forth in § 14 -10-115. People
in Interest of E.Q., 2020 COA 118, 472 P.3d
1115.
Since defendant disobeyed the
permanent protection order rather than
challenging the constitutionality of the
order on appeal, defendant cannot
collaterally raise the constitutional issues
during an appeal of a contempt judgment.
People in Interest of K.P., 2022 COA 60,
517 P.3d 70.
District court on habeas corpus has no
jurisdiction over abandonment. A district
court in habeas corpus proceedings has
jurisdiction to determine whether a child is
being unlawfully restrained by the
grandparents. Such determination cannot in
any manner affect the outcome of any
adoption proceedings. An adjudication in the
habeas corpus proceedings cannot be
considered as an adjudication of
abandonment as defined in the adoption
provisions or as used in the dependent and
neglected children provisions, as the
question of abandonment is not an issue and
the district court has no jurisdiction over
abandonment. Johnson v. Black, 137 Colo.
119, 322 P.2d 99 (1958).
In view of the state's strong interest in
providing for the welfare of children
within its borders, the presence of an
allegedly dependent or neglected child
within Colorado will generally provide an
adequate jurisdictional basis to adjudicate
the dependency status of the child within
Colorado. E.P. v. Dist. Court, 696 P.2d 254
(Colo. 1985).
The trial court properly assumes
preliminary jurisdiction over children
Colorado Revised Statutes 2026
Title 19 - Children's Code
-56-
brought into the state by their mother, but
whose custody had been previously awarded
to the father by a court in another state,
which jurisdiction will become absolute if a
valid showing is made by the state of a
dependency and neglect situation as defined
in the Colorado Children's Code. People in
Interest of E.F.C., 30 Colo. App. 190, 490
P.2d 706 (1971).
An action in dependency may not be
used as a means of making a child
available for adoption in a stepparent
adoption proceeding. Such tactic is
inappropriate and contrary to the statutory
language as well as the legislative intent of
the Colorado Children's Code. People in
Interest of S.S.T., 38 Colo. App. 110, 553
P.2d 82 (1976).
Judgment reversed for lack of
jurisdiction. Cullen v. People ex rel. Baer,
152 Colo. 531, 383 P.2d 316 (1963).
Statute as basis of jurisdiction. Johnson
v. People, 170 Colo. 137, 459 P.2d 579
(1969).
Applied in Peterson v. Schwartzmann,
116 Colo. 235, 179 P.2d 662 (1947); People
in Interest of Unborn Child v. Estergard, 169
Colo. 445, 457 P.2d 698 (1969).
C. Paternity.
This section confers jurisdiction on the
juvenile court to determine parentage.
Dikeou v. People, 95 Colo. 537, 38 P.2d 772
(1934); In re Morrow's Estate, 100 Colo.
424, 68 P.2d 36 (1937).
When a court declares a child
dependent or neglected in a case filed
under article 3, a court presiding over a
separate parentage proceeding under article
4 loses jurisdiction to determine that child's
parentage. All matters pertaining to the
child's status must be addressed in the open
dependency and neglect case. People in
Interest of D.C.C., 2018 COA 98, 486 P.3d
1183.
The courts should primarily be more
concerned about the welfare of the child
than in the residential status of the parties
to the proceeding. No unreasonable
impediment should be allowed which would
prevent an expectant mother from pursuing
the father of the unborn child and invoking
the aid of a court having proper jurisdiction
at the residence or domicile of the neglectful
father if in this state. Campbell v. Gilliam,
127 Colo. 471, 257 P.2d 965 (1953).
The juvenile court has jurisdiction to
determine the parentage of children yet
unborn. Cederquist v. Archuleta, 127 Colo.
41, 253 P.2d 431 (1953); People in Interest
of Unborn Child v. Estergard, 169 Colo.
445, 457 P.2d 698 (1969).
D. Adoption.
Department's authority in adoption.
Inasmuch as the general assembly has
granted the court exclusive jurisdiction over
adoptions, has expressly authorized adoptive
placement, and has given the court the final
and sole responsibility of approving or
disapproving adoptions, it would be totally
inconsistent to conclude that the welfare
department or licensed placement agencies
are the sole entities authorized to place a
child for adoption following termination of
parental rights. People in Interest of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-57-
M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234
(1974).
Court's adoption authority not limited
by former § 19 -3-111 (2)(b). Subsection
(1)(h) expressly provides that the court has
exclusive jurisdiction in matters relating to
the adoption of any person. No limitation on
that authority arises by virtue of former §
19-3-111 (2)(b). People in Interest of
M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234
(1974).
District court had jurisdiction to rule
on nullification of adoption where issues
regarding legal custody and adoption of
child were incidental to determination of
issues presented in dissolution proceeding
and no petition was filed in juvenile court.
In re Dickson, 983 P.2d 44 (Colo. App.
1998).
Limit on jurisdiction for interstate
adoptions. The Interstate Compact on
Placement of Children limits the jurisdiction
of the juvenile court for interstate adoptions
as an exception "otherwise provided by
law". Denver Dept. of Soc. Servs. v. Dist.
Court, 742 P.2d 339 (Colo. 1987).
Under article V of such compact, the
sending agency retains jurisdiction until the
child is adopted, and the mere filing of an
adoption petition is not sufficient to divest
the sending agency of jurisdiction. Denver
Dept. of Soc. Servs. v. Dist. Court, 742 P.2d
339 (Colo. 1987).
E. Other Proceedings.
General rule whereby Colorado courts
must respect custodial decrees of other
states is subject to two exceptions: (1)
When the domicile of the child subject to a
foreign decree changes to Colorado and
there is a showing of a change in
circumstances after the foreign decree; and
(2) when conditions necessitate Colorado's
intervention for the protection of any child
found within its borders, through the
doctrine of parens patriae. Thus, the
requirement that a child need only be
physically present within the state of
Colorado does no violence to the rules
governing interstate recognition of custodial
decrees. People in Interest of E.F.C., 30
Colo. App. 190, 490 P.2d 706 (1971).
Court without power to proceed if
prescribed residence lacking. Where a
statute makes the residence of a petitioner
within a particular county a condition upon
which the jurisdiction of a court can be
invoked, a court is wholly without power or
authority to proceed in a statutory action
unless the petitioner is a resident of such
county within which the action is brought.
Avery v. County Court, 126 Colo. 421, 250
P.2d 122 (1952).
Jurisdiction not divested when children
move from county. The paternity action
having been properly commenced in Denver
as the statute provided, jurisdiction attached,
and the court is not divested of it thereafter
by reason of the fact that the children move
out of the county. Del Campo v. People in
Interest of Del Campo, 172 Colo. 277, 472
P.2d 130 (1970).
A prima facie case of sufficient
residency, and also of dependency,
established. Campbell v. Gilliam, 127 Colo.
471, 257 P.2d 965 (1953).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-58-
A parent may make necessary
arrangements for the care of a child
without order of court, guardianship or
otherwise. It is not the law that before a
child can be placed by a parent in temporary
custody of a relative permission must be
first obtained from the court. Diernfeld v.
People in Interest of Diernfeld, 137 Colo.
238, 323 P.2d 628 (1958).
Attainment of majority while minor's
appeal from adjudication as "child in
need of supervision" is pending renders
appeal moot in light of the Colorado
Children's Code attempt to eliminate
collateral legal consequences of
adjudication. People v. T.B., 183 Colo. 310,
516 P.2d 642 (1973).
Jurisdiction to order department of
welfare to return child to group care
facility. The juvenile court did not exceed its
jurisdiction, or lack jurisdiction, to order the
Denver department of welfare to return a
child who was adjudicated in need of
supervision to a group care facility. City &
County of Denver v. Juvenile Court, 182
Colo. 157, 511 P.2d 898 (1973).
The provisions of the Parental
Notification Act supersede subsection (3)
with regard to the provision of notice to
parents about abortions. Planned
Parenthood of Rocky Mtns. Servs. Corp. v.
Owens, 287 F.3d 910 (10th Cir. 2002).
As a result, the Parental Notification
Act must be held unconstitutional because
it lacks a health exception to the parental
notification requirement. Planned
Parenthood of Rocky Mtns. Servs. Corp. v.
Owens, 287 F.3d 910 (10th Cir. 2002).
Removal of extraordinary life -
sustaining devices. A juvenile court has
jurisdiction in a shelter hearing to order the
removal of all extraordinary life -sustaining
devices from a child in the temporary
custody of the department of social services
if in the doctor's opinion the legal standard
of cerebral death has been met. Lovato v.
Dist. Court, 198 Colo. 419, 601 P.2d 1072
(1979).
Juvenile may not be compelled to
undergo psychological evaluation under
subsection (3), for purposes of a transfer
hearing, because of his fifth amendment
right against self -incrimination. People in
Interest of A.D.G., 895 P.2d 1067 (Colo.
App. 1994).
Juvenile's refusal to undergo
psychological evaluation may not be used
against him in a transfer hearing because it
would impermissibly penalize his exercise
of the fifth amendment right. People in
Interest of A.D.G., 895 P.2d 1067 (Colo.
App. 1994).
Applied in In re U.M. v. Dist. Court, 631
P.2d 165 (Colo. 1981).
19-1-105. Right to counsel and jury trial.
(1) All hearings, including adjudicatory hearings, shall be heard by a judge or magistrate
without a jury, except as otherwise provided by this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-59-
(2) The right to counsel is provided in this title 19. Nothing in this title 19 prevents the court
from appointing counsel in addition to a guardian ad litem for a child if it deems representation
by counsel necessary to protect the interests of the child.
(3) In proceedings pursuant to the "School Attendance Law of 1963", article 33 of title 22,
the court may appoint a guardian ad litem for the child, unless the child is already represented by
counsel. If the court finds that it is in the best interest and welfare of the child, the court may
appoint both counsel and a guardian ad litem. The court shall make information regarding the
truancy process available to the child's parent or guardian ad litem.
Source: L. 87: Entire title R&RE, p. 700, § 1, effective October 1. L. 91: (1) amended, p. 360,
§ 25, effective April 9. L. 2003: (2) amended, p. 1320, § 1, effective August 6. L. 2022: (2)
amended and (3) added, (HB 22-1038), ch. 92, p. 432, § 5, effective January 9, 2023.
Editor's note: 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 -1-106 and
19-1-107 as said sections existed in 1986, the year prior to the repeal and reenactment of this
title.
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022.
ANNOTATION
Law reviews. For note, "In re Gault and
the Colorado Children's Code", see 44 Den.
L.J. 644 (1967). For article, "Representing
the Mentally Retarded or Disabled Parent in
a Colorado Dependent or Neglected Child
Action", see 11 Colo. Law. 693 (1982). For
comment, "Lassiter v. Department of Social
Services: Due Process Takes an Ad Hoc
Turn — What's a Parent to Do?", see 59
Den. L.J. 591 (1982). For article, "The Role
of Parents' Counsel in Dependency and
Neglect Proceedings — Part I", see 14 Colo.
Law. 568 (1985). For article, "The Role of
Children's Counsel in Contested Child
Custody, Visitation and Support Cases", see
15 Colo. Law. 224 (1986). For article, "Final
Draft of Proposed GAL Standards of
Practice", see 22 Colo. Law. 1907 (1993).
For article, "House Bill 22 -1038: Colorado
Continues its History of Expanding
Children's V oice and Representation in
D&N Proceedings", see 52 Colo. Law. 34
(Apr. 2023). For article, "Safeguarding
Children's V oices in Child Protective
Proceedings", see 102 Denv. L. Rev. 41
(2024).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-60-
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
State's interest in juvenile proceedings
stems from its role as parens patriae, and
that interest is of significance both in the
context of delinquency cases, and in neglect
and dependency matters. McCall v. District
Court ex rel. County of Montezuma, 651
P.2d 392 (Colo. 1982).
Trial by jury in the adjudicative stage
of a juvenile proceeding is not required by
the due process clause of the fourteenth
amendment. People in Interest of T.A.W., 38
Colo. App. 175, 556 P.2d 1225 (1976).
And six-member jury is sufficient. Due
process of law does not mandate that a
juvenile be tried by a 12 -member jury in
connection with an adjudicatory hearing
under the Colorado Children's Code even
though the code limits the jury to six
members. A six -member jury satisfies due
process requirements. People in Interest of
T.A.W., 38 Colo. App. 175, 556 P.2d 1225
(1976).
Jury demand right extended to all
parties of record to delinquency
proceeding. The general assembly's
selection of "any interested party" stands out
as a purposeful choice to extend the right of
jury demand to all parties of record to the
delinquency proceeding. S.A.S. v. Dist.
Court, 623 P.2d 58 (Colo. 1981).
And juvenile has no veto power over
state's demand. There is no indication of an
intent to bestow on the juvenile a veto power
over the state's jury demand through a
statutory right of jury waiver. S.A.S. v. Dist.
Court, 623 P.2d 58 (Colo. 1981).
The putative father has a statutory
right to a jury trial in determining the
issue of paternity. People in Interest of
L.B., 29 Colo. App. 101, 482 P.2d 1010
(1970), aff'd, 179 Colo. 11, 498 P.2d 1157
(1972).
There is no right to a jury trial in a
support hearing such as set forth in
article 7. People in Interest of L.B., 29
Colo. App. 101, 482 P.2d 1010 (1970), aff'd,
179 Colo. 11, 498 P.2d 1157 (1972).
Substantial compliance required.
Proceedings in dependency or neglect affect
important rights, so there must be substantial
compliance with statutory requirements for
conduct of those proceedings. People in
Interest of A.M.D., 648 P.2d 625 (Colo.
1982); C.S. v. People, 83 P.3d 627 (Colo.
2004).
Substantial compliance must appear of
record. These proceedings are statutory and
as they affect substantial rights there must
be a substantial compliance with the
provisions of the legislative enactment. Such
a compliance must appear of record. It
cannot be ignored. Storey v. Shumaker, 131
Colo. 131, 279 P.2d 1057 (1955).
Any person proceeded against in court
is entitled to counsel of his or her own
choosing, and the selection of such counsel
cannot be dictated by those who instigate the
action. Selby v. Jacobucci, 142 Colo. 52,
349 P.2d 567 (1960).
In a proceeding following a complaint
filed by parents of an allegedly delinquent
Colorado Revised Statutes 2026
Title 19 - Children's Code
-61-
minor 17 years of age, who had selected her
own counsel to represent her, an order of the
trial court incorporating the parents' request
that such counsel be prohibited from
appearing or representing such minor was in
excess of its jurisdiction. Selby v. Jacobucci,
142 Colo. 52, 349 P.2d 567 (1960).
Parent has a statutory right to counsel
at a statutorily prescribed proceeding for
review of out -of-home placements of
children. People in Interest of J.B., 702 P.2d
753 (Colo. App. 1985).
In determining whether an indigent
parent has the right to appointed counsel
in a termination proceeding resulting
from a dependency and neglect
adjudication, a court is to consider
whether (1) the parent's interest is an
extremely important one; (2) the state shares
with the parent an interest in a correct
decision, has a relatively weak pecuniary
interest, and, in some but not all cases, has a
possibly stronger interest in informal
procedures; and (3) the complexity of the
proceeding and the incapacity of the
uncounselled parent could be, but would not
always be, great enough to make the risk of
an erroneous deprivation of the parent's
rights insupportably high. In re C.A.O., 192
P.3d 508 (Colo. App. 2008).
These factors should be considered to
resolve parent's due process argument in a
stepparent adoption proceeding. In re
C.A.O., 192 P.3d 508 (Colo. App. 2008).
These factors should also be considered to
resolve parent's due process argument in
adoption proceedings when parent is
incarcerated out of state and has no ability to
participate in the proceedings. In re R.L.S.,
2019 COA 112, 451 P.3d 1249.
The decision whether due process calls
for the appointment of counsel for indigent
parents in stepparent adoption proceedings
must be answered in the first instance by the
trial court, subject to appellate review. In re
C.A.O., 192 P.3d 508 (Colo. App. 2008).
Due process requires the appointment
of counsel only where the parent's
interests are at their strongest, where the
state's interests are at their weakest, and
where the risks of error are at their peak,
and because risk of error was low, state's
interest in achieving permanency for
children was high, and hearing was not
characterized by troublesome points of law,
either substantive or procedural, parent's
fundamental right to assistance of counsel
was not implicated and court was not
required to give parent a detailed advisement
regarding her decision to appear pro se. C.S.
v. People, 83 P.3d 627 (Colo. 2004).
In a direct appeal from a judgment
terminating parental rights, an appellate
court may consider a claim of ineffective
assistance of counsel based on counsel's
performance at an adjudicatory hearing
only when the party claiming ineffective
assistance did not have a full and fair
opportunity to assert such a claim
immediately after his or her child was
adjudicated dependent and neglected. People
in Interest of A.R., 2020 CO 10, 456 P.3d
1266.
Court must follow the prejudice test in
Strickland v. Washington, 466 U.S. 668,
(1984), for ineffective assistance of
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Title 19 - Children's Code
-62-
counsel claims in termination of parental
rights proceedings. To establish prejudice
from counsel's deficient performance in a
dependency and neglect proceeding, a party
must show that there is a reasonable
probability that, but for counsel's
unprofessional errors, the result of the
proceeding would have been different.
People in Interest of A.R., 2020 CO 10, 456
P.3d 1266; People in Interest of A.L.W, 2020
CO 11, 456 P.3d 1284.
Standing to appear of party entrusted
with care of child. The Colorado Children's
Code has not changed the basic law of the
state that a grandparent to whom the child
has been entrusted for care has status to
appear and protest the actions of the court
relative to the child. C.B. v. People in
Interest of J.T.B., 30 Colo. App. 269, 493
P.2d 691 (1971).
Guardian includes persons vested by
court with duty and authority to make
major decisions affecting a child. S.A.S. v.
Dist. Court, 623 P.2d 58 (Colo. 1981).
"Legal custodian" does not encompass a
state agency or employee thereof to which a
delinquent child has been committed. People
v. McAnally, 192 Colo. 12, 554 P.2d 1100
(1976).
Legal custodian would be an interested
party to a delinquency action. S.A.S. v.
Dist. Court, 623 P.2d 58 (Colo. 1981).
State is a party of record to a
delinquency proceeding. S.A.S. v. Dist.
Court, 623 P.2d 58 (Colo. 1981).
Juvenile witness protected against self -
incrimination. The fifth amendment,
applicable to the states by operation of the
fourteenth amendment, protects a child
against self -incrimination under juvenile
delinquency laws. The privilege of declining
to testify is not a matter which lies within
the exclusive discretion of a juvenile
witness. The judge makes the decision based
upon his understanding of the circumstances
of the case. People v. Ledesma, 171 Colo.
407, 468 P.2d 27 (1970).
Respondents in a proceeding to
terminate parental rights, having made a
prior demand, were entitled to a jury trial
at the adjudicatory hearing on remand.
People in Interest of M.B., 188 Colo. 370,
535 P.2d 192 (1975).
Error for trial judge to refuse a jury
trial and fail to notify defendants or parents
or friends present, that a trial by jury might
be had if they wished it. Kahm v. People, 83
Colo. 300, 264 P. 718 (1928).
Procedure of jury trial before referee
improper. The trial court exceeded its
jurisdiction in prescribing instead of a jury
trial, and in lieu of a trial before a master or
referee, a procedure whereby the parties
were to have a "jury trial in all respects" but
conducted by the referee, where it was
agreed that the referee and the court would
be bound by the jury verdict, although the
jury was described as being "an advisory
one". Maniatis v. Karakitsios, 161 Colo.
378, 422 P.2d 52 (1967).
Statute as basis for jurisdiction. People
v. Flanigan, 191 Colo. 43, 536 P.2d 41
(1975).
Applied in Rose v. People, 111 Colo. 220,
139 P.2d 261 (1943); In re People in Interest
Colorado Revised Statutes 2026
Title 19 - Children's Code
-63-
of M.M., 184 Colo. 298, 520 P.2d 128
(1974); People in Interest of R.A.D., 196
Colo. 430, 586 P.2d 46 (1978); Lovato v.
Dist. Court, 198 Colo. 419, 601 P.2d 1072
(1979); People in Interest of V .A.E.Y .H.D.,
199 Colo. 148, 605 P.2d 916 (Colo. 1980);
People in Interest of E.A., 638 P.2d 278
(Colo. 1981); People in Interest of R.M.S.,
651 P.2d 377 (Colo. 1982).
19-1-106. Hearings - procedure - record.
(1) The Colorado rules of juvenile procedure shall apply in all proceedings under this title.
(2) Hearings may be conducted in an informal manner. The general public shall not be
excluded unless the court determines that it is in the best interest of the child or of the
community to exclude the general public, and, in such event, the court shall admit only such
persons as have an interest in the case or the work of the court, including persons whom the
district attorney, the county or city attorney, the child, or the parents, guardian, or other custodian
of the child wish to be present.
(3) A verbatim record shall be taken of all proceedings.
(4) When more than one child is named in a petition alleging neglect or dependency, the
hearings may be consolidated; except that separate hearings may be held with respect to
disposition.
(5) Children's cases shall be heard separately from adults' cases, and the child or his parents,
guardian, or other custodian may be heard separately when deemed necessary by the court.
Source: L. 87: Entire title R&RE, p. 700, § 1, effective October 1.
Editor's note: 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 -1-107 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For article, "Juvenile
Delinquency Proceedings: The Due Process
Model", see 40 U. Colo. L. Rev. 315 (1968).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Juvenile proceedings are governed by
the procedural rules contained in the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-64-
Colorado Children's Code. People ex rel.
M.C.L., 671 P.2d 1339 (Colo. App. 1983).
Hearing may be informally conducted,
and the court may take into consideration all
factors which he normally takes into account
when sentencing. People in Interest of
B.L.M. v. B.L.M., 31 Colo. App. 106, 500
P.2d 146 (1972).
And court is not bound by strict rules
of evidence in a hearing to determine
whether probation should be revoked.
People in Interest of B.L.M. v. B.L.M., 31
Colo. App. 106, 500 P.2d 146 (1972).
Thus, there is a presumption that all
incompetent or hearsay evidence is
disregarded by a court in reaching its
conclusions, so a judgment will not be
reversed on appeal because of the admission
of such evidence. People in Interest of
B.L.M. v. B.L.M., 31 Colo. App. 106, 500
P.2d 146 (1972).
However, the Colorado Children's
Code does not dispense with rules of
evidence which directly bear upon
substantive proof although the Children's
Code does permit hearings to be conducted
in an informal manner. Daugaard v. People
in Interest of Daugaard, 176 Colo. 38, 488
P.2d 1101 (1971).
Arguments to the court are not matters
of evidence, have no probative value, and
are designed only to sway the court's
findings and conclusions. People in Interest
of B.L.M. v. B.L.M., 31 Colo. App. 106, 500
P.2d 146 (1972).
In delinquency cases a verbatim record
of the proceedings and evidence shall be
maintained unless expressly waived. John
Doe v. People, 156 Colo. 311, 398 P.2d 624
(1965).
Lack of transcript and evidence
required reversal. Where an order was
entered declaring a child neglected and
dependent, severing parental rights, and
holding the child's grandfather in contempt
of court for failure to deliver the child, but
the court reporter certified that there had
been no transcript made of any of the
hearings prior to the one on the contempt
violation, and since there was no evidence or
showing that the home environment which
the grandfather might provide for the child
would be unsatisfactory the judgment and
orders of the trial court were reversed. C.B.
v. People in Interest of J.T.B., 30 Colo. App.
269, 493 P.2d 691 (1971).
The prosecutor may establish the same
facts by the same witnesses and by the
same real and documentary evidence that
may have been used in earlier proceeding in
the juvenile court. When oral testimony is
offered for its intrinsic value with relation to
the issue to be tried, rather than to establish
what was said or done in proceedings before
the juvenile court, former § 19 -1-109 (2)
does not prevent the giving of testimony
because the same witness was previously
called upon to give evidence relating to the
same transaction in juvenile court
proceedings. Gallegos v. People, 145 Colo.
53, 358 P.2d 1028 (1960), rev'd on other
grounds, 370 U.S. 49 (1962).
Defendant's constitutional right to
confrontation and cross -examination
paramount to juvenile's interests. Where
both juveniles admittedly participated in the
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Title 19 - Children's Code
-65-
crimes which were charged against the
defendant, both juveniles were seeking
leniency and had already obtained the
dismissal of serious felony counts which
would have mandated imprisonment, the
dispositional hearing was purposely set for a
time subsequent to the defendant's trial, and
no testimony tied the defendant to the crime
other than that of the juvenile witnesses, the
defendant's constitutional right to
confrontation and cross -examination was
paramount to the interests afforded a
juvenile under former § 19 -1-109 (2).
People v. Pate, 625 P.2d 369 (Colo. 1981).
Court may conduct in camera
interview with a child to determine child's
best interests and how to allocate parental
responsibilities within a dependency and
neglect proceeding. Unless waived by the
parties, a record of the interview must be
made. The record must be made available to
parents, upon request, in situations in which
a parent needs (1) to determine whether the
court's findings, insofar as they relied on
facts from the interview, are supported by
the record, or (2) an opportunity to contest
information supplied by the child during the
interview and relied on by the court. People
in Interest of H.K.W., 2017 COA 70, 417
P.3d 875.
Appellate court may vacate a juvenile
court's decision in a dependency and
neglect proceeding on the ground of
ineffective assistance of counsel without
remanding for further fact -finding when
either (1) the record is sufficiently
developed to allow the appellate court to
decide the question of counsel's
ineffectiveness or (2) the record establishes
presumptive prejudice under the standard set
forth in United States v. Cronic, 466 U.S.
648 (1984). People in Interest of A.R., 2020
CO 10, 456 P.3d 1266; People in Interest of
A.L.W, 2020 CO 11, 456 P.3d 1284.
Applied in Lindsey v. People ex rel.
Rush, 66 Colo. 343, 181 P. 531 (1919);
People v. Hinchman, 196 Colo. 526, 589
P.2d 917 (1978); People v. Dist. Court, 199
Colo. 197, 606 P.2d 450 (1980); People v.
Thorpe, 641 P.2d 935 (Colo. 1982); People
in Interest of A.M.D., 648 P.2d 625 (Colo.
1982).
19-1-107. Social study and other reports.
(1) Unless waived by the court, an agency designated by the court shall make a social study
and report in writing in all children's cases; except that:
(a) Repealed.
(b) Adoption reports shall be as provided in article 5 of this title.
(2) For the purpose of determining proper disposition of a child, written reports and other
material relating to the child's mental, physical, and social history may be received and
considered by the court along with other evidence; but the court, if so requested by the child, his
parent or guardian, or other interested party, shall require that the person who wrote the report or
Colorado Revised Statutes 2026
Title 19 - Children's Code
-66-
prepared the material appear as a witness and be subject to both direct and cross -examination. In
the absence of such request, the court may order the person who prepared the report or other
material to appear if it finds that the interest of the child so requires.
(2.5) For purposes of determining the appropriate treatment plan in connection with the
disposition of a child who is under six years of age at the time a petition is filed in accordance
with section 19-3-501 (2), the report shall include a list of services available to families that are
specific to the needs of the child and the child's family and that are available in the community
where the family resides. The report shall establish a priority of the services if multiple services
are recommended. The services may include, but are not limited to, transportation services,
family time services, psychological counseling, drug screening and treatment programs, marriage
and family counseling, parenting classes, housing and day care assistance, and homemaker
services.
(3) In a case where placement out of the home is recommended, the social study required by
subsection (1) of this section must include the cost of the recommended placement and an
evaluation for placement containing the information required by section 19 -1-115 (8)(e). The
department of education and the department of human services shall jointly develop placement
criteria, and, in the case of matters involving juvenile delinquency, the criteria must be in
accordance with the criteria for the placement of juveniles specified in section 19-2.5-1404. Such
criteria must be used by the agency designated by the court to determine its recommendation
about the need for placement.
(4) The court shall inform the child, his parent or legal guardian, or other interested party of
the right of cross -examination concerning any written report or other material as specified in
subsection (2) of this section.
Source: L. 87: Entire title R&RE, p. 701, § 1, effective October 1. L. 93: (3) amended, p.
1546, § 1, effective July 1; (3) amended, p. 1134, § 65, effective July 1, 1994. L. 94: (2.5) added,
p. 2051, § 2, effective July 1. L. 97: (3) amended, p. 1441, § 17, effective July 1. L. 2005: (3)
amended, p. 766, § 29, effective June 1. L. 2008: (3) amended, p. 1891, § 60, effective August 5.
L. 2015: IP(1) and (3) amended and (1)(a) repealed, (SB 15 -099), ch. 99, p. 290, § 3, effective
August 5. L. 2021: (3) amended, (SB 21 -059), ch. 136, p. 726, § 61, effective October 1. L.
2023: (2.5) amended, (HB 23-1027), ch. 284, p. 1680, § 6, effective June 1.
Editor's note: (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-
108 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-67-
(2) Amendments to subsection (3) in Senate Bill 93 -134 and House Bill 93 -1317 were
harmonized.
Cross references: For the legislative declaration contained in the 1993 act amending
subsection (3), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative
declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.
ANNOTATION
Law reviews. For article,
"Referee/Commissioner Duties and
Procedures in Denver Metro Domestic
Matters", see 11 Colo. Law 951 (1982). For
article, "Interested Parties in Juvenile
Dependency and Neglect Cases", see 33
Colo. Law. 109 (Aug. 2004).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Colorado Children's Code expressly
contemplates participation of interested
parties in juvenile cases. People in Interest
of R.J.G., 38 Colo. App. 148, 557 P.2d 1214
(1976).
But does not supply definition of
"interested party". In re People in Interest
of C.P., 34 Colo. App. 54, 524 P.2d 316
(1974).
The Colorado Children's Code expressly
contemplates the active participation of
interested parties at the dispositional
hearing. The Children's Code does not,
however, delineate who is entitled to
participate as an interested party. People in
Interest of M.D.C.M., 34 Colo. App. 91, 522
P.2d 1234 (1974).
While the Colorado Children's Code does
not expressly define those persons who may
become "parties" to proceedings, it does
contemplate the participation of interested
third parties. In re People in Interest of C.P.,
34 Colo. App. 54, 524 P.2d 316 (1974).
Includes persons furnishing child
support pursuant to juvenile court order.
Since the juvenile court has the power to
compel legally responsible persons to
support a child, it necessarily follows that a
person furnishing support to a child in
accordance with an order of the juvenile
court has the right to intervene in a child in
need of supervision proceeding as an
interested party for the purpose of
recovering the cost of that support. People in
Interest of R.J.G., 38 Colo. App. 148, 557
P.2d 1214 (1976).
And persons able to aid court in its
determination. Among those who can be
considered interested parties are individuals
who, because of their relationship with or
particular knowledge concerning the child,
can materially aid the court in its
determination of what in fact is in the child's
best interest. People in Interest of
M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234
(1974).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-68-
State is an "interested party". The state
of Colorado, through its representative, the
district attorney, is an "interested party" at
the dispositional stage of a delinquency
proceeding, as the same factors which
establish the state's status as an interested
party at the adjudicatory stage of the
delinquency proceeding are equally
applicable to the dispositional stage. People
in Interest of R.M.S., 651 P.2d 377 (Colo.
1982).
State's interest in juvenile proceedings
stems from its role as parens patriae, and
that interest is of significance both in the
context of delinquency cases, and neglect
and dependency matters. McCall v. Dist.
Court ex rel. County of Montezuma, 651
P.2d 392 (Colo. 1982).
Those having custodial experience with
child have sufficient interest, knowledge,
and concern relative to the child to bring
them within the classification of "interested
parties" and thus they are entitled, upon
application, to intervene as a matter of right
in the dispositional hearing. People in
Interest of M.D.C.M., 34 Colo. App. 91, 522
P.2d 1234 (1974).
Common-law hearsay objections as to
admissibility of social study are not
applicable. In re People in Interest of
A.R.S., 31 Colo. App. 268, 502 P.2d 92
(1972).
Nonexpert or hearsay content affects
weight, not admissibility. Where this
section authorizes consideration of social
reports, fact that they may contain hearsay
or are prepared by nonexperts becomes
matter concerning their weight and
probative value and not their admissibility.
In re People in Interest of A.R.S., 31 Colo.
App. 268, 502 P.2d 92 (1972); People in
Interest of R.D.H., 944 P.2d 660 (Colo. App.
1997).
And admission of reports with cross -
examination did not deny due process.
Where parents obtained attendance of
authors of social reports admitted in
proceeding to adjudge child to be dependent
and neglected and to terminate parental
rights, and where parents cross -examined
each author, admission of such reports did
not deny due process to parents. In re People
in Interest of A.R.S., 31 Colo. App. 268, 502
P.2d 92 (1972).
Admission of reports not
unconstitutional. The admission of reports
into evidence pursuant to subsection (2)
violates neither constitutional confrontation
requirements nor due process of law, where
the reports are made available to all
interested parties sufficiently in advance of
the termination hearing to permit the parties
to compel the attendance of the persons who
wrote the reports or prepared the materials
therein and to subject them to examination
under oath. People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982).
Opportunity to request cross -
examination denied. Where it appeared the
court in proceeding to terminate parental
rights considered the contents of a letter in
the nature of a social study as provided for
by this section, but the respondents were not
apprised of its existence, the respondents
were not provided with an opportunity to
request the cross-examination of the persons
responsible for the study. People in Interest
Colorado Revised Statutes 2026
Title 19 - Children's Code
-69-
of M.B., 188 Colo. 370, 535 P.2d 192
(1975).
C.R.C.P. 24 has no application in a
proceeding under the Colorado Children's
Code, as the code itself expressly
contemplates the active participation of
interested parties. People in Interest of
M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234
(1974).
19-1-108. Magistrates - qualifications - duties.
(1) The juvenile court may appoint one or more magistrates to hear any case or matter under
the court's jurisdiction, except where a jury trial has been requested pursuant to section 19 -2.5-
610 and in transfer hearings held pursuant to section 19 -2.5-802. Magistrates shall serve at the
pleasure of the court, unless otherwise provided by law.
(2) Every magistrate appointed pursuant to this section shall be licensed to practice law in
Colorado; except that county judges who are not lawyers may be appointed to serve as
magistrates, as authorized by section 13-6-105 (3), C.R.S., to hear detention and bond matters.
(3) (a) Repealed.
(a.5) Magistrates shall conduct hearings in the manner provided for the hearing of cases by
the court. During the initial advisement of the rights of any party, the magistrate shall inform the
party that, except as set forth in this subsection (3), the party has the right to a hearing before the
judge in the first instance and the party may waive that right but that, by waiving that right, the
party is bound by the findings and recommendations of the magistrate, subject to a request for
review as set forth in subsection (5.5) of this section. The right to require a hearing before a
judge does not apply to hearings at which a child is advised of his or her rights pursuant to
section 19-2.5-605; detention hearings held pursuant to sections 19 -2.5-303, 19-2.5-304, and 19-
2.5-305; preliminary hearings held pursuant to section 19 -2.5-609; temporary custody hearings
held pursuant to section 19 -3-403; proceedings held pursuant to article 4 of this title 19; and
support proceedings held pursuant to article 6 of this title 19. In proceedings held pursuant to
article 4 or 6 of this title 19, contested final orders regarding allocation of parental
responsibilities may be heard by the magistrate only with the consent of all parties.
(b) In proceedings pursuant to article 2.5 of this title 19, the right to require a hearing before
a judge is deemed waived unless a request is made by any party that the hearing be held before a
judge at the time the matter is set for hearing.
(c) In proceedings under article 3 of this title, the right to require a hearing before a judge is
waived unless:
(I) A request is made by a party or the people of the state of Colorado that the hearing be
held before the judge at the time the matter is set for hearing, if counsel for the party is present at
the time the matter is set; or
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(II) A request is made by a party or the people of the state of Colorado in writing within
seven days after receipt of notice of the setting if the matter is set for hearing outside of the
presence of counsel for a represented party or if the matter is set on notice.
(4) At the conclusion of a hearing, the magistrate shall:
(a) Advise the parties before him of his findings and ruling;
(b) Advise the parties of their right to review by the judge of his findings and ruling;
(c) Prepare findings and a written order that shall become the order of the court, absent a
petition for review being filed as provided in subsection (5.5) of this section; and
(d) Advise the parties that they have a right to object to an order allowing the review of any
decree for placement of a child to be conducted as an administrative review by the department of
human services and that if any party objects to administrative review, the court shall conduct the
review.
(5) Repealed.
(5.5) A request for review must be filed within fourteen days for proceedings under articles
2.5, 4, and 6 of this title or within seven days for proceedings under article 3 of this title after the
parties have received notice of the magistrate's ruling and must clearly set forth the grounds
relied upon. Such review is solely upon the record of the hearing before the magistrate and is
reviewable upon the grounds set forth in rule 59 of the Colorado rules of civil procedure. A
petition for review is a prerequisite before an appeal may be filed with the Colorado court of
appeals or Colorado supreme court. The judge may, on his or her own motion, remand a case to
another magistrate after action is taken on a petition for review.
(6) A magistrate may issue a lawful warrant taking a child into custody pursuant to section
19-2.5-204 and may issue search warrants as provided in sections 19-1-112 and 19-2.5-205.
Source: L. 87: Entire title R&RE, p. 701, § 1, effective October 1. L. 88: (3) amended, p. 741,
§ 2, effective July 1. L. 91: Entire section amended, p. 361, § 26, effective April 9. L. 92: (4)(d)
added, p. 221, § 3, effective July 1. L. 94: (4)(d) amended, p. 2658, § 145, effective July 1. L.
97: (3) and (5) amended, p. 517, § 4, effective July 1. L. 99: (1) and (6) amended, p. 1375, § 11,
effective July 1; (5) amended, p. 1086, § 4, effective July 1. L. 2000: (3)(c) amended, p. 35, § 1,
effective July 1. L. 2003: (3)(b) amended, p. 1901, § 1, effective July 1. L. 2006: (3)(a) and (5)
amended, p. 451, § 2, effective April 18; (3)(a.5) and (5.5) added, p. 452, §§ 3, 4, effective July
1, 2007. L. 2007: (3)(a.5) amended, p. 1652, § 9, effective May 31; (3)(a.5) amended, p. 2029, §
35, effective June 1; (4)(c) amended, p. 2029, § 36, effective July 1. L. 2016: IP(3)(c), (3)(c)(II),
and (5.5) amended, (HB 16-1057), ch. 31, p. 70, § 1, effective July 1. L. 2019: (3)(a.5) amended,
(SB 19 -108), ch. 294, p. 2727, § 2 1, effective July 1. L. 2021: (1), (3)(a.5), (3)(b), and (6)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-71-
amended, (SB 21-059), ch. 136, p. 726, § 62, effective October 1. L. 2022: (5.5) amended, (SB
22-212), ch. 421, p. 2970, § 33, effective August 10.
Editor's note: (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 -1-110
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2007.
(See L. 2006, p. 451.)
(3) Amendments to subsection (3)(a.5) by House Bill 07 -1349 and House Bill 07 -1367 were
harmonized.
(4) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2007. (See L.
2006, p. 451.)
ANNOTATION
Law reviews. For note, "In re Gault and
the Colorado Children's Code", see 44 Den.
L. J. 644 (1967).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Natural parents have a constitutionally
protected liberty interest in the
companionship, care, custody, and
management of their children. B.B. v.
People in Interest of T.S.B., 785 P.2d 132
(Colo. 1990); In re R.G.B., 98 P.3d 958
(Colo. App. 2004).
To protect this interest, a court must
provide parents with fundamentally fair
procedures if termination of parental rights
is sought. In re Petition of R.H.N., 710 P.2d
482 (Colo. 1985); In re R.G.B., 98 P.3d 958
(Colo. App. 2004).
Where an error of the trial court is
considered fundamental or involves a
miscarriage of justice, the appellate court
may consider the issue for the first time on
appeal. In re R.G.B., 98 P.3d 958 (Colo.
App. 2004).
Two-stage proceeding before referee
and court satisfies due process. Where, in
a juvenile case, the procedure involves a
two-stage fact-finding process with the first
stage conducted by agreement of the parties
before a referee with final judgment
reserved for the court, it is not violative of
the standards of due process and fair
treatment. In re People in Interest of J.A.M.,
174 Colo. 245, 483 P.2d 362 (1971).
Actions of court and referee constitute
one proceeding. There are not two separate
proceedings, one before the referee and a
second before the court, but rather one
proceeding to pass on the question of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-72-
possible delinquency. In re People in Interest
of J.A.M., 174 Colo. 245, 483 P.2d 362
(1971).
This section does not outline two separate
proceedings, one before the referee and a
second before the court; instead it prescribes
a single, two -step proceeding in which the
question of dependency or neglect is
decided. People in Interest of S.S.T., 38
Colo. App. 110, 553 P.2d 82 (1976).
And second hearing is not double
jeopardy. A second hearing before the judge
on motions of the people in juvenile
proceedings, and the modification of the
referee's findings, do not place the child
twice in jeopardy. In re People in Interest of
J.A.M., 174 Colo. 245, 483 P.2d 362 (1971).
When parties agree to hearing before
referee, they also agree to statutory
procedures outlined for such hearings in
this section. In re People in Interest of
J.A.M., 174 Colo. 245, 483 P.2d 362 (1971).
The referee is a hearing officer who
acts with limited authority under the
supervision and direction of a judge and
who has no independent power to enter
orders or decrees. People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
The procedural powers of a juvenile
court after reviewing a juvenile
magistrate's findings are governed not only
by relevant provisions of the Colorado
Children's Code but also by the Colorado
Rules for Magistrates (C.R.M.). People in
Interest of R.A., 937 P.2d 731 (Colo. 1997).
Requirement in subsection (3)(a) that a
magistrate inform the parties of their
right to a hearing before a judge in the
first instance is mandatory. In re R.G.B.,
98 P.3d 958 (Colo. App. 2004); In re A.P.H.,
98 P.3d 955 (Colo. App. 2004).
Waiver of initial advisement of rights in
§ 19 -3-202 (1) includes waiver of
advisement of right to be heard by a
judge in subsection (3)(a) of this section.
People ex rel. T.E.M., 124 P.3d 905 (Colo.
App. 2005).
Subsection (3)(a) does not require
parent to be advised at any time other
than the initial appearance. Accordingly, a
parent's waiver of right to formal
advisement is effective throughout the
dependency and neglect proceedings. People
ex rel. T.E.M., 124 P.3d 905 (Colo. App.
2005).
Acts of referee dependent on waiver by
parties and court confirmation. The
essential ingredients to give judicial effect to
a referee's findings and recommendations
are: (a) A waiver, on the part of all parties,
of a request for hearing before a judge,
which may be affirmatively stated or may
result from a lapse of five days without
request; and (b) confirmation of the findings
and recommendations by the court. In re
People in Interest of J.A.M., 174 Colo. 245,
483 P.2d 362 (1971).
Only if no request for review is filed, and
if they are confirmed by judicial order, do
the findings and recommendations of the
referee become the decree of the court.
People in Interest of S.S.T., 38 Colo. App.
110, 553 P.2d 82 (1976).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-73-
Final judgment results only after court
acts. The findings and recommendations of
the referee do not have the effect of a final
judgment until adopted or modified by the
court. In re People in Interest of J.A.M., 174
Colo. 245, 483 P.2d 362 (1971).
Final responsibility for disposition lies
with trial judge. Since the referee's
recommendations do not automatically
become the order of the court, and since the
court may, even upon its own motion, order
a rehearing, the final responsibility for the
disposition of the case lies in every instance
with the trial judge regardless of whether the
parties request review. People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
This responsibility may neither be
assumed by, nor delegated to, a referee.
People in Interest of S.S.T., 38 Colo. App.
110, 553 P.2d 82 (1976).
The court must draw its own
conclusions from the testimony and must
independently ascertain how the best
interests of the child and of society may
most appropriately be served in the case
before him. People in Interest of S.S.T., 38
Colo. App. 110, 553 P.2d 82 (1976).
The parties have the right to demand
that a judge hear the matter in the first
instance, and the referee must so advise
them. People in Interest of S.S.T., 38 Colo.
App. 110, 553 P.2d 82 (1976).
Failure of magistrate to advise party of
the right to a hearing before a judge or to
secure a waiver of that right does not
divest magistrate of subject matter
jurisdiction. In re A.P.H., 98 P.3d 955
(Colo. App. 2004).
Magistrate's failure to advise party of this
right, however, requires reversal of the order
modifying the parties' parental
responsibilities. In re A.P.H., 98 P.3d 955
(Colo. App. 2004).
Referee to transmit papers, findings,
and recommendations to judge. At the
conclusion of any hearing conducted by a
referee, he must promptly transmit to the
judge all papers relating to the case along
with his findings of fact and
recommendations as to the disposition of the
case. People in Interest of S.S.T., 38 Colo.
App. 110, 553 P.2d 82 (1976).
Jury trial held before referee was
improper. The trial court exceeded its
jurisdiction in prescribing, instead of a jury
trial and in lieu of a trial before a master or
referee, a procedure whereby the parties
were to have a "jury trial in all respects" but
conducted by the referee, where it was
agreed that the referee and the court would
be bound by the jury verdict, although the
jury was described as being "an advisory
one". Maniatis v. Karakitsios, 161 Colo.
378, 422 P.2d 52 (1967).
C.R.C.P. 53(e)(2) inapplicable in
dependency proceeding. C.R.C.P. 53(e)(2),
which provides that in an action tried
without a jury the court shall accept a
master's or referee's findings of fact unless
clearly erroneous, is inapplicable in a
dependency proceeding because that is a
statutory proceeding in which the statute
supersedes the conflicting rule. People in
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Interest of S.S.T., 38 Colo. App. 110, 553
P.2d 82 (1976).
Grandmother required to file petition
for district court review of magistrate's
denial of motion to intervene before
seeking appellate review in paternity action
where grandmother sought to intervene for
visitation rights. This section is properly
applied, not C.R.M. 7, if parents have
waived the right to a hearing by a judge. In
re K.L.O -V ., 151 P.3d 637 (Colo. App.
2006).
Period for filing requests for review.
For purposes of subsection (5) the
"conclusion of the [juvenile] hearing" does
not occur until the juvenile commissioner
signs the written findings and
recommendations, and transmits them to the
juvenile judge by filing in the office of the
clerk. The five -day period within which to
file a request for review does not commence
running until the filing date. People ex rel.
M.C.L., 671 P.2d 1339 (Colo. App. 1983).
A request for review of the
commissioner's findings, filed within five
days after the commissioner's written
findings and recommendations are filed in
the district court, is timely. C.T.R. v. R.C.S.,
672 P.2d 548 (Colo. App. 1983).
And such review shall be before the
district court. The statute calls for an initial
decision by the commissioner, with the right
of appeal to the judge. There is nothing in
the statute providing for new trial or
rehearing directed to the commissioner.
M.E.G. v. R.B.D., 676 P.2d 1250 (Colo.
App. 1983).
Under subsection (5), the district court
reviews only the record of the hearing
before the magistrate and its review is
similar to an appellate review of the
magistrate's decision. The review of the
trial court's decision by an appellate court,
therefore, is similar to a second level of
appellate review. People ex rel. J.G., 97 P.3d
300 (Colo. App. 2004).
Magistrate has jurisdiction over
juvenile's Crim. P. 32(d) motion to
withdraw previously entered guilty plea
until the proceedings have culminated in
a final order or judgment. Juvenile sought
to withdraw guilty plea based on ineffective
assistance of counsel in delinquency action
subject to deferred adjudication prior to the
imposition of sentence. A magistrate is not
prohibited from reviewing prior rulings,
decrees, or other decisions in a case the
magistrate is properly appointed to hear until
there is a final appealable order or judgment.
A guilty plea, prior to sentencing and entry
of a judgment or conviction, does not
constitute a final judgment or order. People
in Interest of J.D., 2020 CO 48, 464 P.3d
785.
A party must present an issue to the
district court in a petition for review
before that issue may be raised in the
court of appeals. A party seeking review of
a magistrate's decision must raise a
particular issue in the district court so that
the district court may have an opportunity to
correct any error that may have been made
by the magistrate. If a party does not raise an
issue before the district court in a petition
for review, but raises the issue on appeal for
the first time, such party seeks to have the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-75-
court of appeals correct an error that could
have been corrected by the district court in a
petition for review. People ex rel. K.L -P.,
148 P.3d 402 (Colo. App. 2006).
Because paternity actions are
proceedings under article 4 of this title 19,
a petition for review of a magistrate's ruling
is a prerequisite before an appeal may be
filed with the court of appeals or supreme
court. The court of appeals and supreme
court lack jurisdiction to review a
magistrate's order if a district court did not
review it. People in Interest of J.H., 2021
COA 94, 497 P.3d 20.
A juvenile must petition the district
court for review of a magistrate's order
revoking probation before the juvenile
may pursue review by the court of
appeals. People in Interest of A.P.H., 2020
COA 159, 478 P.3d 1284.
Appeal of magistrate's dispositional
order in accordance with subsection (5.5)
is not a jurisdictional prerequisite to
appealing the district court's adjudicatory
order to the court of appeals or the supreme
court. The parties did not appeal the
magistrate's dispositional order. The
adjudicatory order became final and
appealable upon entry of the disposition.
People in Interest of R.J., 2019 COA 109,
451 P.3d 1232.
Reinstatement of magistrate's
delinquency judgment by appellate court
does not violate double jeopardy if the
district court acting pursuant to subsection
(5) erroneously reversed the judgment.
People ex rel. J.G., 97 P.3d 300 (Colo. App.
2004).
Interpreting the filing requirement of
subsection (5) liberally to account for the
best interests of the child and avoiding a
construction of the statute that would call
into question its constitutional validity,
district court was determined to be
authorized to retain jurisdiction to consider a
late-filed petition when the delay was
excusable neglect and the department failed
to raise the timing issue. C.S. v. People, 83
P.3d 627 (Colo. 2004); People ex rel.
M.A.M., 167 P.3d 169 (Colo. App. 2007)
(decided prior to 2007 repeal of subsection
(5)).
For the purpose of evaluating a court's
discretionary decision whether to accept
an untimely petition for review of a
magistrate's order pursuant to former
subsection (5), "excusable neglect" shall
be defined as a situation where the failure to
act results from circumstances that would
cause a reasonably careful person to neglect
a duty. People ex rel. M.A.M., 167 P.3d 169
(Colo. App. 2007) (decided prior to 2007
repeal of subsection (5)).
District court's determination that
counsel's misunderstanding of the law did
not constitute good cause amounted to a
finding that juvenile had not shown
"excusable neglect". People ex rel.
M.A.M., 167 P.3d 169 (Colo. App. 2007)
(decided prior to 2007 repeal of subsection
(5)).
Allegations of "inexcusable neglect"
should be resolved by the district court in
the course of determining whether there
is good cause to consider juvenile's
petition for review, even though there was
no excusable neglect to justify its late filing.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-76-
People ex rel. M.A.M., 167 P.3d 169 (Colo.
App. 2007) (decided prior to 2007 repeal of
subsection (5)).
Because a district court's review of a
magistrate's order is effectively appellate
in nature, the factors identified in Estep v.
People, 753 P.2d 1241 (Colo. 1988), and
People v. Baker, 104 P.3d 893 (Colo. 2005),
are equally important when a juvenile's
ability to obtain appellate review of a
judgment of delinquency entered by a
magistrate is foreclosed by counsel's failure
to file a timely petition for district court
review pursuant to former subsection (5) and
should be considered as part of a
determination whether there is good cause to
permit the late filing of a petition for review.
Only after a determination is made that
counsel's acts or omissions were inexcusable
should the court turn to the Estep -Baker
analysis of whether other factors "weigh
heavily" in favor of permitting the late
filing. People ex rel. M.A.M., 167 P.3d 169
(Colo. App. 2007) (decided prior to 2007
repeal of subsection (5)).
Magistrate may not synthesize
conflicting testimony. Where the magistrate
apparently combined portions of two very
different versions of the facts into a third
version unsupported by the record, the
magistrate's findings could not be upheld.
Although the magistrate may believe all or
part of the testimony of any witness, he or
she may not create a version which is not
supported by the testimony of any witness.
People in Interest of R.A., 937 P.2d 731
(Colo. 1997).
Failure of commissioner to prepare a
detailed written order as promised
concerning child's placement in residential
care facility excuses any delay by the school
district in requesting review under either the
"Exceptional Children's Educational Act" or
the "Colorado Children's Code" because the
time for filing for review would not begin to
run until the written order was received.
People v. Adams County Sch. Dist. No. 50,
732 P.2d 1222 (Colo. App. 1986).
Commissioner's statement at
restitution hearing as to the amount of
damages to be paid did not constitute
sufficient findings to satisfy statutory
requirement that findings be prepared at the
conclusion of such hearing. People in
Interest of A.R.M., 832 P.2d 1093 (Colo.
App. 1992).
Mittimus order signed by commissioner
two months prior to restitution hearing
failed to satisfy statutory requirement that a
written order be prepared. People in Interest
of A.R.M., 832 P.2d 1093 (Colo. App.
1992).
District court did not provide a
sufficient record to support its
affirmation of the commissioner's order
where commissioner failed to make
sufficient findings at the conclusion of
restitution hearing. People in Interest of
A.R.M., 832 P.2d 1093 (Colo. App. 1992).
A court may consider a late petition for
review, in accordance with subsection
(5.5), if the court finds the delay is the
result of a party's counsel's medical
condition or need for medical care that
constitutes excusable neglect. A party must
show that the counsel's medical condition or
need for care was so disabling as to prevent
Colorado Revised Statutes 2026
Title 19 - Children's Code
-77-
counsel from filing the petition or a request
for an extension of time. People in Interest
of L.B-H-P., 2021 COA 5, 482 P.3d 527.
Subsection (5.5) does not provide for
district court review of magistrate's
orders in proceedings under article 5 of
this title. In a kinship adoption case, appeal
is made directly to the appellate courts. In re
C.A.B.L., 221 P.3d 433 (Colo. App. 2009).
Magistrate's finding under subsection
(a)(3.5) that a juvenile is competent to
proceed is reviewable by the juvenile
court under subsection (5.5). People in
Interest of A.T.C., 2023 CO 19, 528 P.3d
168.
Applied in People in Interest of J.F.C.,
660 P.2d 7 (Colo. App. 1982); In re Petition
of Taylor, 134 P.3d 559 (Colo. App. 2006).
19-1-109. Appeals - child welfare appeals workgroup - created.
(1) An appeal as provided in the introductory portion to section 13-4-102 (1), C.R.S., may be
taken from any order, decree, or judgment. Appellate procedure shall be as provided by the
Colorado appellate rules. Initials shall appear on the record on appeal in place of the name of the
child and respondents. Appeals shall be advanced on the calendar of the appellate court and shall
be decided at the earliest practical time.
(2) (a) The people of the state of Colorado shall have the same right to appeal questions of
law in delinquency cases as exists in criminal cases.
(b) An order terminating or refusing to terminate the legal relationship between a parent or
parents and one or more of the children of such parent or parents on a petition, or between a child
and one or both parents of the child, shall be a final and appealable order.
(c) An order decreeing a child to be neglected or dependent shall be a final and appealable
order after the entry of the disposition pursuant to section 19-3-508. Any appeal shall not affect
the jurisdiction of the trial court to enter such further dispositional orders as the court believes to
be in the best interests of the child.
(3) Repealed.
Source: L. 87: Entire title R&RE, p. 702, § 1, effective October 1. L. 97: (2) amended and (3)
added, p. 1433, § 7, effective July 1. L. 2000: (3) amended, p. 1546, § 3, effective August 2. L.
2022: (3) amended, (HB 22-1113), ch. 56, p. 261, § 2, effective August 10. L. 2026: (3) repealed,
(HB 26-1295), ch. 121, p. 515, § 2, effective August 12.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-78-
Editor's note: 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 -1-112 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in HB 22 -1113, see section 1 of chapter 56,
Session Laws of Colorado 2022.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Judgments in dependency proceedings
may be reviewed by the supreme court as in
appeal proceedings. Selk v. Ramsey, 110
Colo. 223, 132 P.2d 454 (1942).
Juvenile delinquency cases may be
appealed to the supreme court after trial.
People in Interest of P.L.V . v. P.L.V ., 172
Colo. 269, 472 P.2d 127 (1970).
But an interlocutory appeal is not
available to either the state or the
respondent in a delinquency proceeding
under the Colorado Children's Code. People
in Interest of P.L.V . v. P.L.V ., 172 Colo. 269,
472 P.2d 127 (1970).
Neither the state nor the respondent can
prosecute interlocutory appeals in
delinquency proceedings. People in Interest
of G.D.K. v. G.D.K., 30 Colo. App. 54, 491
P.2d 81 (1971).
And C.A.R. 4.1 does not apply. C.A.R.
4.1 cannot be stretched to permit an
interlocutory appeal in a delinquency
proceeding without doing violence to the
distinction carefully drawn by the supreme
court between a criminal proceeding and a
proceeding in delinquency. People in
Interest of P.L.V . v. P.L.V ., 172 Colo. 269,
472 P.2d 127 (1970).
C.A.R. 4.1, which authorizes certain
interlocutory appeals in criminal cases, has
no application to delinquency proceedings.
People in Interest of G.D.K. v. G.D.K., 30
Colo. App. 54, 491 P.2d 81 (1971).
Statute does not describe the order or
judgment terminating the parent -child legal
relationship as interlocutory, therefore,
intent of the general assembly is to require
immediate appeal of any order terminating
parental rights. People ex rel. A.E., 994 P.2d
465 (Colo. App. 1999).
Application of C.A.R. 1(a)(1).
Delinquency proceedings are no less subject
to the finality requirements of C.A.R.
1(a)(1) than any other type of proceeding.
People in Interest of D.H., 37 Colo. App.
544, 552 P.2d 29 (1976), aff'd, 192 Colo.
542, 561 P.2d 5 (1977).
Issue of notice and pleading in juvenile
proceeding of constitutional proportions.
Even if an allegation in a mother's motion
for a new trial after the termination of her
parental rights in her child was inadequate to
Colorado Revised Statutes 2026
Title 19 - Children's Code
-79-
raise the issue of adequacy of notice and
pleading in a juvenile proceeding, it is of
constitutional proportions, and the court of
appeals is obliged to address the issue on its
merits. People in Interest of Baby Girl D.,
44 Colo. App. 192, 610 P.2d 1086 (1980).
Majority renders minor's appeal moot.
Attainment of majority while minor's appeal
from adjudication as child in need of
supervision is pending renders the appeal
moot in light of the Colorado Children's
Code attempt to eliminate collateral legal
consequences of adjudication. People v.
T.B., 183 Colo. 310, 516 P.2d 642 (1973).
An order denying termination of the
parent-child legal relationship does not
"completely determine the rights of the
parties involved" and is interlocutory in
nature; therefore, such an order is not final
and appealable. People in the interest of
D.B., 855 P.2d 27 (Colo. App. 1993)
(decided under law in effect prior to the
1997 amendment).
An order terminating a parent -child
legal relationship is final and appealable
thereby furnishing the right of immediate
appeal to a parent, even when order relates
to only one parent. People ex rel. A.E., 994
P.2d 465 (Colo. App. 1999).
Juvenile court's order denying a tribe's
request to transfer jurisdiction to a tribal
court is a final, appealable order based on
the collateral order doctrine. People in
Interest of L.R.B., 2019 COA 85, 487 P.3d
1058 (decided prior to 2019 amendment to §
19-1-126).
The juvenile court's finding that a
juvenile cannot be restored to competency
is a final appealable order. People ex rel.
C.Y ., 2012 COA 31, 275 P.3d 762.
A party has a right to appeal both the
adjudicatory order and the initial
disposition order. An initial dispositional
order, by itself, however, is not a final,
appealable order. People in Interest of H.T.,
2019 COA 72, 486 P.3d 1188.
A parent may appeal an initial
dispositional order simultaneously with an
appeal of an adjudicatory order. This
interpretation is consistent with the core
goals of the Colorado Children's Code.
People in Interest of M.W., 2022 COA 72,
518 P.3d 1132.
Fact finder's "no adjudication" finding
with respect to one party is not a proper
basis for a motion notwithstanding the
verdict and not a final appealable order
under C.A.R. 3.4(a) or subsection (2)(c) of
this section. Statute provides that an order
decreeing a child neglected or dependent is a
final and appealable order. Father's dismissal
from the petition based on a jury verdict that
the child was not dependent and neglected
with respect to him is not subject to direct
appeal under C.A.R. 3.4. People in Interest
of S.M -L, 2016 COA 173, 459 P.3d 572,
aff'd sub nom. People in Interest of R.S.,
2018 CO 31, 416 P.3d 905.
C.A.R. 2 permits an appellate court to
expedite decisions and order proceedings
in accordance with its direction even
though C.A.R. 3.4 does not extend to
permanent custody orders entered in
dependency or neglect proceedings. People
ex rel. K.A., 155 P.3d 558 (Colo. App.
2006).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-80-
Application of C.A.R. 3.4(b). Based on
the "unique circumstances exception", court
of appeals has the authority to extend the
deadline for filing the notice of appeal in a
dependency and neglect case. The "no
extensions" provision in C.A.R. 3.4(b) does
not preclude application of the unique
circumstances exception, because it is an
exception to procedural rules limiting a
court's authority to grant exceptions. Here,
the trial court must bear some responsibility
for the late filing because of an ambiguous
ruling and subsequent written orders. People
ex rel. A.J.H., 134 P.3d 528 (Colo. App.
2006).
Mother cannot wait until appeal of
termination order to challenge counsel's
performance at the earlier adjudicatory
proceeding. Claim of ineffective assistance
of counsel at adjudicatory hearing was
untimely because mother was or should have
been aware of facts giving rise to claim at or
shortly after adjudicatory hearing, but made
no effort to file a timely appeal from
adjudication order, nor could mother allege
any factual or legal impediments to pursuing
a timely appeal. People in Interest of A.R.,
2020 CO 10, 456 P.3d 1266.
Subsection (2)(c) is not meant to delay
permanent placement decisions while
appeals of dependency and neglect orders
are litigated. Subsection (2)(c) provides the
trial court with continuing jurisdiction to
enter further permanent custody orders
under § 19 -3-702 if it furthers the child's
best interests, even if those orders are
entered after the order adjudicating the child
dependent or neglected is appealed. People
ex rel. K.A., 155 P.3d 558 (Colo. App.
2006).
Party may appeal adjudicatory order
after entry of disposition, even though
magistrate's dispositional order has not
been appealed. Under the plain language of
subsection (2)(c), an adjudicatory order is
final and appealable upon entry of the
disposition. The parties did not appeal the
dispositional order, and appeal of the
magistrate's dispositional order to the district
court is not a jurisdictional prerequisite to
appealing the adjudicatory order to the court
of appeals or the supreme court. People in
Interest of R.J., 2019 COA 109, 451 P.3d
1232.
Matter is moot where guardian ad
litem (GAL) failed to offer facts in
supplemental brief demonstrating a
current basis to terminate mother's
parental rights. Although the GAL argued
on appeal that the court improperly failed to
terminate mother's rights, the child has been
returned to the mother and all parties
believed that the child should remain in the
mother's custody. A matter is moot when the
relief sought, if granted, would have no
practical legal effect on the existing
controversy. People ex rel. L.O.L., 197 P.3d
291 (Colo. App. 2008).
Appellate court may review an
otherwise moot issue, however, when it is
capable of repetition and yet will evade
review. The issue of whether the trial court
rendered its decision using the wrong burden
of proof is an issue that is capable of
repetition and yet may evade review and
thus may be addressed on its merits. People
Colorado Revised Statutes 2026
Title 19 - Children's Code
-81-
ex rel. L.O.L., 197 P.3d 291 (Colo. App.
2008).
Applied in People in Interest of R.R., 43
Colo. App. 208, 607 P.2d 1013 (1979).
19-1-110. Previous orders and decrees - force and effect.
All orders and decrees in proceedings concerning dependency and neglect, delinquency,
relinquishment, adoption, paternity, or contributing to dependency or delinquency entered by the
court prior to October 1, 1987, shall remain in full force and effect until modified or terminated
by the court, as provided in this title.
Source: L. 87: Entire title R&RE, p. 702, § 1, effective October 1; entire section amended, p.
1827, § 1, effective August 27.
Editor's note: 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 -1-113 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Action founded on repealed statute
continued in full force. A properly filed
action founded on a statute later repealed by
the Colorado Children's Code continues in
full force and effect for the purpose of
sustaining liability, penalty, or forfeiture.
People in Interest of M.K.A., 182 Colo. 172,
511 P.2d 477 (1973).
Based on savings clause. It is the
legislative intent based upon the savings
clause of the Colorado Children's Code and
the general savings clause that a properly
filed cause of action founded on the then
existing statute, though that statute is later
repealed, continues in full force and effect
for the purpose of sustaining liability,
penalty, or forfeiture. People in Interest of
M.K.A., 182 Colo. 172, 511 P.2d 477
(1973).
19-1-111. Appointment of guardian ad litem.
(1) The court shall appoint a guardian ad litem for every child under twelve years of age in
all dependency and neglect cases pursuant to this title 19.
(2) The court may appoint a guardian ad litem in the following cases:
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(a) For a child in a delinquency proceeding where:
(I) No parent, guardian, legal custodian, custodian, person to whom parental responsibilities
have been allocated, relative, stepparent, or spousal equivalent appears at the first or any
subsequent hearing in the case;
(II) The court finds that a conflict of interest exists between the child and parent, guardian,
legal custodian, custodian, person to whom parental responsibilities have been allocated, relative,
stepparent, or spousal equivalent; or
(III) The court makes specific findings that the appointment of a guardian ad litem is
necessary to serve the best interests of the child and such specific findings are included in the
court's order of appointment.
(b) For a child in proceedings under the "School Attendance Law of 1963", article 33 of title
22, C.R.S., when the court finds that the appointment is necessary due to exceptional and
extraordinary circumstances;
(c) For a parent, guardian, legal custodian, custodian, person to whom parental
responsibilities have been allocated, stepparent, or spousal equivalent in dependency or neglect
proceedings who has been determined to have a behavioral or mental health disorder or an
intellectual and developmental disability by a court of competent jurisdiction; except that, if a
conservator has been appointed, the conservator shall serve as the guardian ad litem. If the
conservator does not serve as guardian ad litem, the conservator shall be informed that a
guardian ad litem has been appointed.
(d) For an underage party seeking a marriage license, as provided in section 14-2-108 (2).
(e) For a youth who is twelve years of age or older in a dependency and neglect case when
the court determines a guardian ad litem is necessary due to the youth's diminished capacity. The
court shall not consider age or developmental maturity as the sole basis for a determination of
diminished capacity. The court shall not deem a guardian ad litem appointed pursuant to this
subsection (2)(e) to be a substitute for a counsel for youth appointed pursuant to this section.
(2.5) A court shall not deem a guardian ad litem who is appointed by the court for a juvenile
in a delinquency proceeding pursuant to subsection (2) of this section to be a substitute for
defense counsel for the juvenile.
(3) The guardian ad litem for the child shall have the right to participate in all proceedings as
a party, except in delinquency cases.
(4) (a) Except as provided in paragraphs (b) and (c) of this subsection (4), the appointment of
a guardian ad litem pursuant to this section shall continue until such time as the court's
jurisdiction is terminated.
(b) The appointment of the guardian ad litem terminates in a delinquency proceeding:
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(I) At the time sentence is imposed, unless the court continues the appointment because the
child is sentenced to residential or community out -of-home placement as a condition of
probation; or
(II) When the child reaches eighteen years of age, unless the court continues the appointment
because the court determines the appointment is necessary because of the youth's diminished
capacity.
(c) The court may terminate the appointment of a guardian ad litem in a delinquency
proceeding on its own motion or on the motion of the guardian ad litem when the appointment is
no longer necessary due to any of the following reasons:
(I) The child's parent, guardian, legal custodian, custodian, person to whom parental
responsibilities have been allocated, relative, stepparent, or spousal equivalent appears at a
hearing in the case;
(II) The conflict of interest described in subparagraph (II) of paragraph (a) of subsection (2)
of this section no longer exists; or
(III) The appointment no longer serves the best interests of the child.
(5) The guardian ad litem shall cooperate with any CASA volunteer appointed pursuant to
section 19-1-206.
(6) Any person appointed to serve as a guardian ad litem pursuant to this section shall
comply with any chief justice directive concerning the court appointment of guardians ad litem
and other representatives and of counsel for youth and indigent persons in titles 14, 15, 22, and
27 and this title 19, and any subsequent chief justice directive or other practice standards
established by rule or directive of the chief justice pursuant to section 13 -91-105 concerning the
duties or responsibilities of guardians ad litem in legal matters affecting children.
Source: L. 87: Entire title R&RE, p. 702, § 1, effective October 1. L. 92: (1) amended, p. 221,
§ 4, effective July 1. L. 96: (5) added, p. 1089, § 2, effective May 23. L. 98: (2)(a)(I), (2)(a)(II),
and (2)(c) amended, p. 1405, § 62, effective February 1, 1999. L. 2000: (6) added, p. 1774, § 4,
effective July 1. L. 2006: (2)(c) amended, p. 1400, § 52, effective August 7. L. 2009: (2)(a)(III),
(2)(b), and (4) amended, (SB 09 -268), ch. 207, p. 942, § 3, effective May 1. L. 2014: (2.5)
added, (HB 14-1032), ch. 247, p. 954, § 5, effective November 1. L. 2015: (6) amended, (SB 15-
264), ch. 259, p. 952, § 41, effective August 5. L. 2017: (2)(c) amended, (SB 17-242), ch. 263, p.
1309, § 150, effective May 25. L. 2019: (2)(d) added, (HB 19 -1316), ch. 380, p. 3422, § 6,
effective August 2. L. 2022: (1), IP(4)(b), (4)(b)(II), and (6) amended and (2)(e) added, (HB 22 -
1038), ch. 92, p. 433, § 6, effective January 9, 2023.
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Editor's note: 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 -3-105 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017. For the legislative declaration in HB 22 -1038, see section 1 of
chapter 92, Session Laws of Colorado 2022.
ANNOTATION
Law reviews. For article, "The Role of
Parents' Counsel in Dependency and Neglect
Proceedings — Part I", see 14 Colo. Law.
568 (1985). For article, "The Role of
Children's Counsel in Contested Child
Custody, Visitation and Support Cases", see
15 Colo. Law. 224 (1986). For article, "Final
Draft of Proposed GAL Standards of
Practice", see 22 Colo. Law. 1907 (1993).
For Supreme Court directive, see "Colorado
Supreme Court Issues a Directive on GALs
in Cases Under CRS Title 19", 25 Colo.
Law. 17 (Mar. 1996). For article, "The Role
of the Guardian ad Litem in Juvenile
Delinquency Court", see 27 Colo. Law. 53
(Feb. 1998). For article, "The Guardian ad
Litem in Juvenile Delinquency Court", see
27 Colo. Law. 83 (Mar. 1998). For article,
"The Updated Role of the Guardian ad
Litem in Juvenile Delinquency Cases", see
31 Colo. Law. 79 (May 2002). For article,
"Ethical Issues for Guardians ad Litem
Representing Children in Dependency and
Neglect Cases", see 31 Colo. Law. 43 (Oct.
2002). For article, "Report -Writing Tips for
Guardians ad Litem in Dependency and
Neglect Cases", see 31 Colo. Law. 87 (Oct.
2002). For casenote, "A Colorado Child's
Best Interests: Examining the Gabriesheski
Decision and Future Policy Implications",
see 85 U. Colo. L. Rev. 537 (2014). For
article, "Defense Counsel's Duties in
Juvenile Delinquency Cases: Should a
Guardian ad Litem be Appointed?", see 47
Colo. Law. 48 (Nov. 2018). For article,
"House Bill 22 -1038: Colorado Continues
its History of Expanding Children's V oice
and Representation in D&N Proceedings",
see 52 Colo. Law. 34 (Apr. 2023).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This section does not limit a court's
discretionary power to appoint a
guardian ad litem (GAL) to only those
parents determined to be mentally ill or
developmentally disabled. People in Interest
of M.M., 726 P.2d 1108 (Colo. 1986).
Duties of parent's GAL and attorney in
termination proceedings discussed in
People in Interest of M.M., 726 P.2d 1108
(Colo. 1986).
In dependency and neglect proceeding,
GAL appointed for respondent parent
with intellectual disability does not have a
statutory right to participate in
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proceedings or to make recommendations
to the court. GAL's role is different when
representing an adult than when representing
a child. The role is assistive: to facilitate
communication between the parent and
parent's counsel and to help parent
participate in the proceeding. People in
Interest of T.M.S., 2019 COA 136, 454 P.3d
375.
GAL improperly participated when she
purported to represent parent's best interests
while advocating terminating parental rights,
against parent's legal interest and over
parent's objection. People in Interest of
T.M.S., 2019 COA 136, 454 P.3d 375.
Period of appointment of GAL. A GAL
appointed with respect to a motion to
terminate the parent -child relationship
serves until entry of a final decree of
adoption or until the juvenile court
jurisdiction is terminated. People in Interest
of M.C.P., 768 P.2d 1253 (Colo. App. 1988).
Father did not waive his right to the
appointment of a GAL when he did not
appear in court. Because father was in
custody out of state, unrepresented, and
indigent, he could not appear in court.
Nothing prohibits such an appointment
should a parent fail to appear. In re R.L.S.,
2019 COA 112, 451 P.3d 1249.
Court erred in appointing GAL to
assist parent and then allowing GAL to
testify against parent in closing
arguments, violating parent's right to
fundamentally fair procedures in termination
proceeding. GAL had no right to present
closing argument or to make
recommendations based on independent
observations not in evidence. People in
Interest of T.M.S., 2019 COA 136, 454 P.3d
375.
19-1-111.5. Court-appointed special advocate.
The court may appoint a CASA volunteer pursuant to the provisions of part 2 of this article if
the court finds that the appointment would be in the best interests of the child. The court may
direct the manner in which a CASA volunteer and any guardian ad litem appointed in a case shall
collaborate.
Source: L. 96: Entire section added, p. 1089, § 3, effective May 23.
ANNOTATION
Law reviews. For article, "CASA — A
Powerful V oice for a Child", see 36 Colo.
Law. 97 (Oct. 2007).
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19-1-112. Search warrants for the protection of children.
(1) A search warrant may be issued by the juvenile court to search any place for the recovery
of any child within the jurisdiction of the court believed to be a delinquent child or a neglected or
dependent child.
(2) Such warrant shall be issued only on the conditions that the application for the warrant
shall:
(a) Be in writing and supported by affidavit sworn to or affirmed before the court;
(b) Name or describe with particularity the child sought;
(c) State that the child is believed to be a delinquent child or a neglected or dependent child
and the reasons upon which such belief is based;
(d) State the address or legal description of the place to be searched;
(e) State the reasons why it is necessary to proceed pursuant to this section.
(3) If the court is satisfied that grounds for the application exist or that there is probable
cause to believe that they exist, it shall issue a search warrant identifying by name or describing
with particularity the child sought and the place to be searched for the child.
(4) The search warrant shall be directed to any officer authorized by law to execute it in the
county wherein the place to be searched is located.
(5) The warrant shall state the grounds or probable cause for its issuance and the names of
the persons whose affidavits have been taken in support thereof.
(6) The warrant shall be served in the daytime unless the application for the warrant alleges
that it is necessary to conduct the search at some other time, in which case the court may so
direct.
(7) A copy of the warrant, the application therefor, and the supporting affidavit shall be
served upon the person in possession of the place to be searched and where the child is to be
sought.
(8) If the child is found, the child may be taken into custody pursuant to section 19 -2.5-209
or 19-3-401.
(9) The warrant shall be returned to the issuing court.
Source: L. 87: Entire title R&RE, p. 703, § 1, effective October 1. L. 2021: (8) amended, (SB
21-059), ch. 136, p. 727, § 63, effective October 1.
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Editor's note: 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 -2-104 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Caseworkers who did not obtain a
warrant under this section but instead
obtained only an order to investigate
under § 19 -3-308 (3)(b) were not
authorized to enter a home without
consent, making their entry illegal under the
fourth amendment. People v. Dyer, 2019
COA 161, 457 P.3d 783.
Exclusionary rule therefore required
suppression of all evidence obtained by
exploiting the illegal entries into the home.
People v. Dyer, 2019 COA 161, 457 P.3d
783.
19-1-113. Emergency protection orders.
(1) The juvenile court is authorized to issue an ex parte written or verbal emergency
protection order for the protection of a child pursuant to this section. A judge or magistrate shall
be available in the juvenile court in each judicial district to issue by telephone emergency
protection orders at all times when the juvenile court is otherwise closed for judicial business.
(2) Any person who has the responsibility of supervising a child placed out of the home by
court order may seek an emergency protection order, through a P.O.S.T. -certified peace officer,
when such person asserts reasonable grounds to believe that the child is in immediate and present
danger based on an allegation that the child is absent without permission from the court -ordered
placement.
(3) An emergency protection order may include, but need not be limited to:
(a) Restraining a person from threatening, molesting, or injuring the child;
(b) Restraining a person from interfering with the supervision of the child;
(c) Restraining a person from having contact with the child or the child's court -ordered
residence;
(d) Restraining a person from harboring a child who is absent without permission from a
court-ordered placement.
(4) An emergency protection order shall expire not later than the close of judicial business on
the next day of judicial business following the day of issue, unless otherwise continued by the
court. With respect to any continuing order, on two days' notice to the person who obtained the
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emergency protection order or on such shorter notice to that person as the court may prescribe,
the responding person may appear and move for its dissolution or modification. The motion to
dissolve or modify the emergency protection order shall be set for hearing at the earliest possible
time and shall take precedence over all matters except any emergency protection orders issued
earlier, and the court shall determine such motion as expeditiously as the ends of justice require.
(5) (a) An emergency protection order may be issued only if the issuing judge or magistrate
finds that an imminent danger exists to the welfare of a child based on an allegation that the child
is absent without permission from the court -ordered placement. A verbal order shall be reduced
to writing and signed by the peace officer through whom the emergency order was sought and
shall include a statement of the grounds for the order asserted through the P.O.S.T. -certified
peace officer. An order initially written shall meet the same requirement as an order issued
verbally.
(b) The emergency protection order shall be served upon the respondent with a copy given to
the person who sought the order and filed with the juvenile court as soon as practicable after
issuance. If any person named as a respondent in an order issued pursuant to this section has not
been served personally with the order but has received actual notice of the existence and
substance of the order from any sheriff, deputy sheriff, or police officer, any act in violation of
the order may be deemed by the juvenile court a violation of the order and as such may be
sufficient to subject the respondent to the order to any penalty for such violation. If the law
enforcement agency having jurisdiction to enforce the emergency protection order has cause to
believe that a violation of the order has occurred, it shall enforce the order.
(6) The issuance of an emergency protection order shall not be considered evidence of any
wrongdoing.
(7) A law enforcement officer who acts in good faith and without malice shall not be held
civilly or criminally liable for acts performed pursuant to this section.
Source: L. 87: Entire title R&RE, p. 704, § 1, effective October 1. L. 91: (1) and (5)(a)
amended, p. 362, § 27, effective April 9. L. 2003: (2) and (5)(a) amended, p. 1632, § 79,
effective August 6.
Editor's note: 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 -3-110.1 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
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19-1-114. Order of protection.
(1) The court may make an order of protection in assistance of, or as a condition of, any
decree authorized by this title. The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period by the parent, guardian, legal custodian, custodian,
person to whom parental responsibilities have been allocated, stepparent, spousal equivalent, or
any other person who is party to a proceeding brought under this title.
(2) The order of protection may require any such person:
(a) To stay away from a child or a child's residence;
(b) To comply with a family time schedule;
(c) To abstain from offensive conduct against a child, the child's parent or parents, the child's
guardian or legal custodian, or any other person to whom legal custody of or parental
responsibilities with respect to a child has been given;
(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency:
(I) Which has been given legal custody of a child;
(II) Which is providing protective supervision of a child by court order; or
(III) To which the child has been referred by the court;
(f) To refrain from acts of commission or omission that tend to make a home an improper
place for a child;
(g) To perform any legal obligation of support; or
(h) To pay for damages recoverable under the provisions of section 13-21-107, C.R.S.
(3) (a) When such an order of protection is made applicable to a parent or guardian, it may
specifically require his or her active participation in the rehabilitation process and may impose
specific requirements upon such parent or guardian, subject to the penalty of contempt for failure
to comply with such order without good cause, as provided in subsection (5) of this section.
(b) The court may, when the court determines that it is in the best interests of the child, make
an order of protection that is applicable to a parent or guardian of a child and the person with
whom the child resides, if other than the child's parent or guardian, subject to article 2.5 of this
title 19. The order must require the parent or guardian and the person with whom the child
resides, if other than the parent or guardian, to be present at any juvenile proceeding concerning
the child.
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(4) After notice and opportunity for a hearing is given to a person subject to an order of
protection, the order may be terminated, modified, or extended for a specified period of time if
the court finds that the best interests of the child and the public will be served thereby.
(5) (a) A person failing to comply with an order of protection without good cause may be
found in contempt of court.
(b) The court shall issue a bench warrant for any parent or guardian or person with whom the
child resides, if other than the parent or guardian, who, without good cause, fails to appear at any
proceeding.
(c) For purposes of this subsection (5), good cause for failing to appear shall include, but
shall not be limited to, a situation where a parent or guardian:
(I) Does not have physical custody of the child and resides outside of Colorado;
(II) Has physical custody of the child, but resides outside of Colorado and appearing in court
will result in undue hardship to such parent or guardian; or
(III) Resides in Colorado, but is outside of the state at the time of the juvenile proceeding for
reasons other than avoiding appearance before the court and appearing in court will result in
undue hardship to such parent or guardian.
(d) The general assembly hereby declares that every parent or guardian whose child is the
subject of a juvenile proceeding under this article should attend any such proceeding as often as
is practicable.
(6) Repealed.
(7) Nothing in this section shall be construed to create a right for any juvenile to have his or
her parent or guardian present at any proceeding at which such juvenile is present.
Source: L. 87: Entire title R&RE, p. 705, § 1, effective October 1. L. 93, 1st Ex. Sess.: (3)
and (5) amended and (6) and (7) added, p. 29, § 1, effective September 13. L. 96: (6) repealed, p.
85, § 11, effective March 20. L. 98: (1) and (2)(c) amended, p. 1406, § 63, effective February 1,
1999. L. 2021: (3)(b) amended, (SB 21-059), ch. 136, p. 727, § 64, effective October 1. L. 2023:
(2)(a) and (2)(b) amended, (HB 23-1027), ch. 284, p. 1680, § 7, effective June 1.
Editor's note: 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 -3-110 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
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Cross references: For the legislative declaration in HB 23 -1027, see section 1 of chapter 284,
Session Laws of Colorado 2023.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The language in subsection (1), "the
parent, guardian, or any other person
who is party to a proceeding brought
under § 19 -1-104(1)(a), (1)(b), or (1)(c)",
contemplates no limitation except that the
person subject to the order be a party to the
action. People in Interest of C.S.M., 194
Colo. 76, 570 P.2d 229 (1977); People v.
Dist. Court, 731 P.2d 652 (Colo. 1987).
The joining of the district attorney and
law enforcement officers as parties to case
and issuing said parties protective orders
does not exceed the court's jurisdiction. The
requirement that the court order an
appropriate treatment plan implicitly
authorizes the court to issue such orders as
are reasonably necessary to implement that
mandate. People v. Dist. Court, 731 P.2d 652
(Colo. 1987).
Where no protection was provided for
disclosure of plans for future criminal
conduct or past criminal conduct not related
to the treatment plans and communications
between therapists and children and between
the therapists and parents who had not
engaged in sexually abusive conduct were
not protected, protective orders were
properly confined to reasonably necessary
relief. People v. Dist. Court, 731 P.2d 652
(Colo. 1987).
Applied in People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982).
19-1-115. Legal custody - guardianship - placement out of the home - petition for review
for need of placement - rules.
(1) (a) Except as otherwise provided by law, in awarding legal custody of a child pursuant to
this title 19, the court may, if in the best interests of the child, give preference to the child's
grandparent who is appropriate, capable, willing, and available to care for the child, if the court
finds that there is no suitable natural or adoptive parent available, with due diligence having been
exercised in attempting to locate any such natural or adoptive parent. Any individual, agency, or
institution vested by the court with legal custody of a child has the rights and duties defined in
section 19-1-103.
(b) Any individual, agency, or institution vested by the court with the guardianship of the
person of a child has the rights and duties defined in section 19 -1-103; except that a guardian of
the person may not consent to the adoption of a child unless the court has expressly given that
authority.
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(2) (a) If legal custody or guardianship of the person is vested in an agency or institution, the
court shall transmit, with the court order, copies of the social study, any clinical reports, and
other information concerning the care and treatment of the child.
(b) An individual, agency, or institution vested by the court with legal custody or
guardianship of the person of a child shall give the court any information concerning the child
which the court at any time may require.
(3) (a) Any agency vested by the court with legal custody of a child shall have the right,
subject to the approval of the court, to determine where and with whom the child shall live, but
this paragraph (a) shall not apply to placement of children committed to the department of
human services. In determining where and with whom a child shall live, if in the best interests of
the child, preference may be given to the child's grandparent who is appropriate, capable, willing,
and available to care for the child.
(b) No individual or agency vested by the court with legal custody of a child or with which a
child is placed pursuant to subsection (8) of this section shall remove the child from the state for
more than thirty days without court approval. When granting such approval, if appropriate, the
court shall enter an order that the individual or agency comply with the requirements of the
"Interstate Compact on Placement of Children" set forth in part 18 of article 60 of title 24, C.R.S.
(4) (a) A decree vesting legal custody of a child in an individual, institution, or agency or
providing for placement of a child pursuant to section 19 -2.5-1102 or 19-3-403 or subsection (8)
of this section must be for a determinate period. The court shall review the decree no later than
three months after it is entered, except a decree vesting legal custody of a child with the
department of human services.
(b) The individual, institution, or agency vested with the legal custody of a child may
petition the court for renewal of the decree. The court, after notice and hearing, may renew the
decree for such additional determinate period as the court may determine if it finds such renewal
to be in the best interests of the child and of the community. The findings of the court and the
reasons therefor shall be entered with the order renewing or denying renewal of the decree.
(c) The court shall review any decree or, if there is no objection by any party to the action,
the court may, in its discretion, require an administrative review by the state department of
human services of any decree entered in accordance with this subsection (4) each six months
after the initial review provided in subsection (4)(a) of this section. In the event that an
administrative review is ordered, all counsel of record must be notified and may appear at said
review. Periodic reviews must include the determinations and projections required in section 19 -
3-702.5.
(d) (I) When a decree is entered vesting legal custody of a child or youth or providing for
placement of a child or youth with an agency in which public money is expended and a county
department that delivers child welfare services determines that a referral is appropriate in
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accordance with rules promulgated by the state board of human services, a delegate child support
enforcement unit may charge the parent of the child or youth a fee to cover the costs of providing
for residential care of the child or youth. When custody of the child or youth is given to the
county department, the fee for residential care must be in accordance with the fee requirements
provided by rule of the state board of human services, and the fee applies, to the extent unpaid, to
the entire period of placement. When a child or youth is committed to the state department of
human services, the fee for care and treatment must be in accordance with the fee requirements
provided by rule of the state board of human services, and the fee applies, to the extent unpaid, to
the entire period of placement.
(II) For an adoptive family who receives an approved Title IV -E adoption assistance subsidy
pursuant to the federal "Social Security Act", 42 U.S.C. sec. 673 et seq., or an approved payment
in subsidization of adoption pursuant to article 7 of title 26, the cost of care, as defined in section
19-1-103, must not exceed the amount of the adoption assistance payment.
(III) Repealed.
(e) When a child, juvenile, or youth has been committed to the division of youth services and
the court no longer has ongoing jurisdiction, the administrative review division shall review the
placement of that child, juvenile, or youth in a qualified residential treatment program within
sixty days after placement. When the child, juvenile, or youth has not been committed to the
division of youth services and the court has ongoing jurisdiction, within sixty days after a
placement of that child, juvenile, or youth in a qualified residential treatment program, or within
thirty days after a placement when the qualified individual does not support the qualified
residential treatment program level of care or the child, juvenile, youth, guardian ad litem, or any
party objects to the placement, a juvenile court shall review that placement. In both instances, the
juvenile court or the administrative review division of the state department shall:
(I) Consider the assessment, determination, and documentation made by the qualified
individual;
(II) Determine whether the needs of the child, juvenile, or youth can be met through
placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster care home,
or whether placement of the child, juvenile, or youth in a qualified residential treatment program
provides the most effective and appropriate level of care for the child, juvenile, or youth in the
least restrictive environment, and whether that placement is consistent with the short - and long-
term goals, including mental, behavioral, and physical health goals, for the child, juvenile, or
youth as specified in the permanency plan for the child, juvenile, or youth or as outlined in the
family services plan or division of youth services plan; and
(III) Approve or disapprove of the placement.
(f) As long as a child, juvenile, or youth remains in a qualified residential treatment program,
the county department or the division of youth services shall submit evidence:
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(I) Demonstrating that ongoing assessment of the strengths and needs of the child, juvenile,
or youth continues to support the determination that the needs of the child, juvenile, or youth
cannot be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or
in a foster family home; that the placement in a qualified residential treatment program provides
the most effective and appropriate level of care for the child, juvenile, or youth in the least
restrictive environment; and that the placement is consistent with the short - and long-term goals
for the child, juvenile, or youth as specified in the permanency plan for the child, juvenile, or
youth, or as outlined in the family services plan;
(II) Documenting the specific treatment or service needs that will be met for the child,
juvenile, or youth in the placement and the length of time the child, juvenile, or youth is expected
to need treatment or services; and
(III) Documenting the efforts made by the county department to prepare the child, juvenile,
or youth to return home or to be placed with a fit and willing kin caregiver, a legal guardian,
legal custodian, or an adoptive parent, or in a foster family.
(g) The evidence required pursuant to subsection (4)(f) of this section must be submitted at
each subsequent review and each subsequent permanency hearing held concerning the child,
juvenile, or youth. The evidence must not be submitted less frequently than every ninety days
during the duration of the placement of the child, juvenile, or youth in the qualified residential
treatment program. The evidence must be submitted to the court or to the administrative review
division of the state department of human services if parties consent to the latter. The court shall
review the evidence submitted pursuant to subsection (4)(f) of this section at each subsequent
permanency and status review hearing at least every ninety days during the duration of the
placement of the child, juvenile, or youth in the qualified residential treatment program. If the
parties consent to a review by the administrative review division, attorneys of record must be
notified and may appear at the review. The administrative review division shall review the
evidence submitted pursuant to subsection (4)(f) of this section at least every ninety days during
the duration of the placement of the child, juvenile, or youth in the qualified residential treatment
program.
(h) In making a decision as to proper placement in a qualified residential treatment program,
the court or the administrative review division shall consider the assessment provided by the
qualified individual and the most recent assessment, as described in subsection (4)(e) of this
section, and shall give great weight to the recommendation in the assessment when making a
qualified residential treatment program placement decision. An assessment prepared by the
qualified individual must identify whether a qualified residential treatment program is the most
effective, appropriate, and least restrictive placement for the child or youth. The assessment must
also identify child - or youth-specific short- and long-term goals for the child or youth and the
family. If the court or administrative review division deviates from the qualified individual's
assessment and recommendation, the court or the administrative review division shall make
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specific findings of fact regarding the most effective, appropriate, and least restrictive placement
for the child or youth and whether the placement is consistent with child- or youth-specific short-
and long-term goals for the child or youth and the family. When making such findings of fact, the
court or administrative review division shall consider all relevant information, including:
(I) Whether the protocol for the qualified residential treatment program assessment was
followed;
(II) The strengths and specific treatment or service needs of the child or youth and the
family;
(III) The expected length of stay; and
(IV) The placement preference of the child or youth and the family.
(4.5) The department of human services shall implement the provisions of subsections (4)(e)
and (4)(f) of this section when the federal government approves Colorado's five -year Title IV-E
prevention plan, at which time the department of human services may submit a budget request to
the joint budget committee for necessary funding to implement the plan.
(5) No legal custodian or guardian of the person may be removed without his consent until
given notice and an opportunity to be heard by the court if he so requests.
(6) Any time the court enters an order awarding legal custody of a child or youth to the
department of human services or to a county department pursuant to the provisions of this title
19, even temporarily, the order must contain specific findings, if warranted by the evidence, as
follows:
(a) That continuation of the child in the home would be contrary to the child's best interests;
(b) That there has been compliance with reasonable efforts requirements regarding removal
of the child from the home, as follows:
(I) That reasonable efforts have been made to prevent or eliminate the need for removal of
the child from the home; or
(II) That an emergency situation exists which requires the immediate temporary removal of
the child from the home and it is reasonable that preventive efforts not be made due to the
emergency situation; or
(III) That reasonable efforts to prevent the child's removal from the home are not required
because of the existence of a circumstance described in subsection (7) of this section;
(c) That reasonable efforts have been made or will be made to reunite the child and the
family or that efforts to reunite the child and the family have failed or that reasonable efforts to
reunite the child and the family are not required pursuant to subsection (7) of this section; and
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(d) That procedural safeguards with respect to parental rights have been applied in
connection with the removal of the child or youth from the home, a change in the child's or
youth's placement out of the home, and any determination affecting family time.
(6.5) Any time the court enters an order continuing a child or youth in a placement out of the
home pursuant to this title 19, the order must contain specific findings, if warranted by the
evidence, as follows:
(a) The continuation of the child in out -of-home placement is in the best interests of the
child;
(b) That reasonable efforts have been made to reunite the child and the family or that
reasonable efforts to reunite the child and the family are not required pursuant to subsection (7)
of this section; and
(c) That procedural safeguards with respect to parental rights have been applied in
connection with the continuation of the child or youth in out -of-home placement, a change in the
child's or youth's placement out of the home, and any determination affecting family time.
(6.7) Any time the court enters an order related to out -of-home placement pursuant to
subsections (6)(a) to (6)(c) or subsection (6.5)(b) of this section; subsection (8)(f) of this section;
section 19 -2.5-305 (3)(a)(XI)(A) and (3)(a)(XI)(B); section 19 -2.5-1116 (1)(a), (1)(b), and
(3)(a)(III); or sections 19-3-702 (3)(b) and 19-3-702.5 (1)(b), the order is effective as of the date
the findings were made by the court, notwithstanding the date that a written order may be signed
by the court. Written orders entered pursuant to subsections (6)(a) to (6)(c) or subsection (6.5)(b)
of this section; subsection (8)(f) of this section; section 19 -2.5-305 (3)(a)(XI)(A) and
(3)(a)(XI)(B); section 19 -2.5-1116 (1)(a), (1)(b), and (3)(a)(III); or sections 19 -3-702 (3)(b) and
19-3-702.5 (1)(b) must state "the effective date of this order is" and must not use the words
"nunc pro tunc".
(7) Reasonable efforts are not required to prevent the child's removal from the home or to
reunify the child and the family in the following circumstances:
(a) When the court finds that the parent has subjected the child to aggravated circumstances
as described in sections 19-3-604 (1) and (2); or
(b) When the parental rights of the parent with respect to a sibling of the child have been
involuntarily terminated; unless the prior sibling termination resulted from a parent delivering a
child to a firefighter or a staff member of a hospital or community clinic emergency center, as
defined in section 19-3-304.5 (9), pursuant to the provisions of section 19-3-304.5; or
(c) When the court finds that the parent has been convicted of any of the following crimes:
(I) Murder of another child of the parent;
(II) V oluntary manslaughter of another child of the parent;
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(III) Aiding, abetting, or attempting the commission of or conspiring or soliciting to commit
the crimes in subparagraphs (I) and (II) of this paragraph (c); or
(IV) A felony assault that resulted in serious bodily injury to the child or to another child of
the parent.
(8) (a) Whenever it appears necessary that the placement of a child out of the home will be
for longer than ninety days, the placement is voluntary and not court -ordered, and the placement
involves the direct expenditure of funds appropriated by the general assembly to the department
of human services, a petition for review of need for placement shall be filed by the department or
agency with which the child has been placed before the expiration of ninety days in the
placement. A decree providing for voluntary placement of a child with an agency in which public
money is expended must be renewable in circumstances when there is documentation that the
child has an emotional, a physical, or an intellectual disability that necessitates care and
treatment for a longer duration than ninety days as provided pursuant to this subsection (8)(a).
The court shall not transfer or require relinquishment of legal custody of, or otherwise terminate
the parental rights with respect to, a child who has an emotional, a physical, or an intellectual
disability and who was voluntarily placed out of the home for the purposes of obtaining special
treatment or care solely because the parent or legal guardian is unable to provide the treatment or
care. Whenever a child fifteen years of age or older consents to placement in a mental health
facility pursuant to section 27 -65-104, the review pursuant to section 27 -65-104 (4) must be
conducted in lieu of and must fulfill the requirements for review under this subsection (8)(a).
(b) (I) The petition and all subsequent court documents in any proceedings brought under
paragraph (a) of this subsection (8) shall be titled "The People of the State of Colorado, in the
Interest of _______________, a child (or children) and Concerning _______________,
Respondent." The petition shall be verified, and the statements in the petition may be made upon
information and belief.
(II) The petition shall set forth plainly the facts that bring the child within the court's
jurisdiction, specifying that the child is subject to immediate placement out of the home or has
been in voluntary placement out of the home and it appears that continuation of the placement is
necessary for a time exceeding ninety days and continuation of the placement is necessary and is
in the best interest of the child, the family, and the community. The petition shall also state the
name, age, and residence of the child and the names and residences of his or her parents,
guardian, or other legal custodian or of his or her nearest known relative if no parent, guardian,
or other legal custodian is known.
(III) All petitions filed pursuant to this subsection (8) shall include the following statement:
"If the child is placed out of the home for a period of twelve months or longer, the court shall
hold a permanency hearing within said twelve months to determine the future status of the child.
The review of any decree of placement of a child subsequent to the three -month review required
by section 19 -1-115 (4)(a), Colorado Revised Statutes, may be conducted as an administrative
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review by the department of human services. If you are a party to the action, you have a right to
object to an administrative review, and, if you object, the review shall be conducted by the
court."
(c) After a petition has been filed, the court shall promptly issue a summons reciting briefly
the substance of the petition. The summons must be substantially in the form specified in section
19-3-502 and be dealt with in the manner provided in section 19 -3-503 and must set forth the
constitutional and legal rights of the child, the child's parents or guardian, and any other
respondent, including the right to have an attorney present at the hearing on the petition. The
petitioner shall send the summons to the child and the child's parents, guardian, or legal
custodian by certified mail. The court shall give notice of the hearing to the director of the
facility or agency in which the child is placed and any person who has physical custody of the
child and any attorney or guardian ad litem or counsel for youth of record. Nothing in this
subsection (8) requires the presence of any person before the court unless the court so directs.
(d) The court shall appoint a guardian ad litem for a child under twelve years of age, or
counsel for youth if the youth is twelve years of age or older, to protect the interest of any child
or youth who is the subject of a petition for review of placement, unless the court makes specific
findings that no useful purpose would be served by such appointment. The court may appoint
both a guardian ad litem and a counsel for youth if a youth is twelve years of age or older and the
appointment of a guardian ad litem is necessary because the youth has diminished capacity.
(e) For purposes of determining proper placement of the child, the petition for review of
placement or social study shall be accompanied by an evaluation for placement prepared by the
department or agency that recommends placement or with which the child has been placed. The
evaluation for placement shall include an assessment of the child's physical and mental health,
developmental status, family and social history, and educational status. The petition shall also be
accompanied by recommended placements for the child and the monthly cost of each and a
treatment plan that contains, at a minimum, the goals to be achieved by the placement; the
services to be provided; the intensity, duration, and provider of the services; identification of the
services that can be provided only in a residential setting; and the recommended duration of the
placement. The petition or social study shall also be accompanied by the required fee to be
charged to the parents pursuant to paragraph (d) of subsection (4) of this section. In addition, if a
change in legal custody is recommended, the evaluation for placement shall include other
alternatives that have been explored and the reason for their rejection, and the evaluation for
placement shall contain an explanation of any particular placements that were considered and
rejected and the reason for their rejection.
(f) The petition for review of need for placement shall request the court to determine, by a
preponderance of the evidence, whether placement or continued placement is necessary and in
the best interest of the child, the family, and the community and whether reasonable efforts have
been made to return the child to a safe home or whether the child should be permanently
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removed from his or her home. If the court makes such findings, it shall enter a decree ordering
the child's placement out of the home in the facility or setting that most appropriately meets the
needs of the child, the family, and the community. In making its decision as to proper placement,
the court shall utilize the evaluation for placement prepared pursuant to section 19 -1-107 or the
evaluation for placement required by paragraph (e) of this subsection (8) that shall state the cost
of recommended placement. If the evaluation for placement recommends placement in a facility
located in Colorado that can provide appropriate treatment and that will accept the child, then the
court shall not place the child in a facility outside this state. If the court deviates from the
recommendations of the evaluation for placement in a manner that results in a difference in the
cost of the disposition ordered by the court and the cost of the disposition recommended in the
evaluation, the court shall make specific findings of fact relating to its decision, including the
monthly cost of the placement, if ordered. A copy of such findings shall be sent to the chief
justice of the Colorado supreme court, who shall report annually to the joint budget committee
and the health and human services committees of the house of representatives and senate of the
general assembly, or any successor committees, on such orders. If the court commits the child to
the department of human services, it shall not make a specific placement, nor shall the provisions
of this paragraph (f) relating to specific findings of fact be applicable. If the court makes a
finding that continued placement is not necessary and is not in the best interest of the child, the
family, and the community, the court shall dismiss the petition for review of need for placement
and shall order that the child be returned home. The court may require a continued hearing of the
petition for review of need for placement for a period not to exceed fourteen days if it finds that
the materials submitted are insufficient to make a finding as provided in this paragraph (f).
(g) A petition for review of need for placement shall not be handled as an informal
adjustment in accordance with the provisions of section 19-3-501 (2).
Source: L. 87: Entire title R&RE, p. 706, § 1, effective October 1. L. 89: (4)(c) amended, p.
930, § 1, effective April 23. L. 90: (4)(d) amended, p. 1014, § 2, effective July 1. L. 91: (1)(a)
and (3)(a) amended, p. 264, § 6, effective May 31. L. 92: (3)(b) and (4) amended and (6) added,
p. 221, § 5, effective July 1. L. 93: (4)(c) and (6) amended, p. 388, § 1, effective April 19; (4)(d)
amended, p. 1546, § 2, effective July 1. L. 94: (3)(a), (4)(a), (4)(c), and (4)(d) amended, p. 2659,
§ 146, effective Jul y 1. L. 98: (1) amended, p. 820, § 22, effective August 5. L. 2001: (6)
amended and (7) added, p. 842, § 3, effective June 1. L. 2003: (7)(b) amended, p. 769, § 2,
effective March 25; (1)(a) amended, p. 2629, § 12, effective June 5; IP(6) and (6)(b)(II) amended
and (6.5) added, p. 2486, § 1, effective July 1. L. 2004: (6.7) added, p. 357, § 1, effective July 1.
L. 2007: (4)(d) amended and (8) added, p. 1506, § 4, effective May 31. L. 2008: (3)(b), (4)(a),
and (6.7) amended, p. 1891, § 61, effective August 5 . L. 2009: (4)(a) amended, (SB 09-292), ch.
369, p. 1949, § 34, effective August 5. L. 2010: (8)(a) amended, (SB 10-175), ch. 188, p. 788, §
37, effective April 29. L. 2018: (7)(b) amended, (SB 18-050), ch. 20, p. 270, § 2, effective March
7; (4)(d)(I) amended, (SB 18 -092), ch. 38, p. 407, § 29, effective August 8. L. 2019: (6.7)
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amended, (SB 19 -108), ch. 294, p. 2728, § 22, effective July 1; (4)(c) and (6.7) amended, (HB
19-1219), ch. 237, p. 2355, § 4, effective August 2; (4)(d)(II) amended, (SB 19 -178), ch. 180, p.
2048, § 2, effective August 2; (4)(e), (4)(f), and (4.5) added, (HB 19-1308), ch. 256, p. 2459, § 4,
effective August 2. L. 2020: IP(4)(e), (4)(e)(II), and (4)(f) amended and (4)(g) and (4)(h) added,
(SB 20-162), ch. 221, p. 1088, § 3, effective July 2. L. 2021: (4)(d)(III) added and IP(4)(e) and
IP(4)(h) amended, (SB 21 -278), ch. 344, pp. 2244, 2240, §§ 6, 1, effective June 25; (1), (4)(a),
(4)(d)(II), and (6.7) amended, (SB 21 -059), ch. 136, p. 727, § 65, effective October 1. L. 2022:
(8)(a) amended, (HB 22 -1256), ch. 451, p. 3229, § 28, effective August 10; (8)(c) and (8)(d)
amended, (HB 22 -1038), ch. 92, p. 433, § 7, effective January 9, 2023. L. 2023: IP(6), (6)(d),
IP(6.5), and (6.5)(c) amended, (HB 23 -1027), ch. 284, p. 1681, § 8, effective June 1. L. 2024:
(4)(d)(I) amended, (SB 24 -202), ch. 222, p. 1387, § 1, effective May 22. L. 2026: (4)(d)(III)
repealed, (HB 26-1295), ch. 121, p. 516, § 3, effective August 12.
Editor's note: (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-
115 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (6.7) by SB 19-108 and HB 19-1219 were harmonized.
Cross references: (1) For the legislative declaration contained in the 2001 act amending
subsection (6) and enacting subsection (7), see section 1 of chapter 241, Session Laws of
Colorado 2001. For the legislative declaration contained in the 2007 act amending subsection
(4)(d) and enacting subsection (8), see section 1 of chapter 351, Session Laws of Colorado 2007.
For the legislative declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of
Colorado 2018. For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022. For the legislative declaration in HB 23 -1027, see section 1 of
chapter 284, Session Laws of Colorado 2023.
(2) For Title IV-E of the federal "Social Security Act", see 42 U.S.C. § 670 et seq.
ANNOTATION
Law reviews. For article, "One Year
Review of Domestic Relations", see 34
Dicta 108 (1957). For article, "Representing
the Mentally Retarded or Disabled Parent in
a Colorado Dependent or Neglected Child
Action", see 11 Colo. Law. 693 (1982). For
article, "House Bill 1268 — In the Best
Interests of the Child", see 18 Colo. Law.
1703 (1989). For article, "Parental Financial
Liability for Juvenile Delinquents", see 37
Colo. Law. 49 (Nov. 2008).
Colorado Revised Statutes 2026
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Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This section concerns guardianship of a
child taken into custody and found to be
dependent. Young v. McLaughlin, 126 Colo.
188, 247 P.2d 813 (1952).
Guardianship creates legal obligation
to care for child. Strangers are under no
legal obligations to care for a child although
they would be if awarded custody or decreed
legal guardians after the child has been
declared dependent and neglected. Jones v.
Koulos, 142 Colo. 92, 349 P.2d 704 (1960).
Legal custody cannot be imposed on
unwilling person not child's parent. While
a public agency can be forced to accept legal
custody of a child and assume the
responsibilities enunciated in this section,
legal custody of a child, with its attendant
duties, may not be imposed upon an
unwilling person who is not the child's
parent. People in Interest of P.D., 41 Colo.
App. 109, 580 P.2d 836 (1978).
One standing in loco parentis may at
his election be relieved of that status and
the attendant obligations at any time upon
petition to the court. People in Interest of
P.D., 41 Colo. App. 109, 580 P.2d 836
(1978).
Lack of notice to guardian denied due
process. The lack of notice to guardians of
the pendency of the petition to dismiss the
guardianship was a denial of due process
sufficient to deprive the juvenile court of
jurisdiction and render its order of dismissal
void, and the full hearing accorded
guardians in habeas corpus proceedings did
not cure the infirmity which resulted from
the failure of the juvenile court to give the
guardians notice of the petition. Woodson v.
Ingram, 173 Colo. 65, 477 P.2d 455 (1970).
Parent awarded custody acts as
representative of state. Upon adjudication
of dependency, the child may be committed
to a state institution. If it is assigned to a
parent, the parent acts not as such, but as a
representative of the state, and is subject to
visitation or inspection. The court may
require reports as to the care and training of
the child, as well as of ability to care for it;
and the court may impose conditions for the
care of the child. In re People in Interest of
Murley, 124 Colo. 581, 239 P.2d 706 (1951);
Young v. McLaughlin, 126 Colo. 188, 247
P.2d 813 (1952).
Placing child in foster care rather than
with grandparents out of state is
permissible when purpose of the
placement is to strengthen family ties and
secure potential relative placement within
the state. People ex rel. E.C., 47 P.3d 707
(Colo. App. 2002).
Custodial order not disturbed unless
for good cause shown. Young v.
McLaughlin, 126 Colo. 188, 247 P.2d 813
(1952).
Loss of physical custody pursuant to
marriage dissolution may terminate
custodial duties. A person who initiates a
dependency or neglect action and obtains
legal custody of a child need not continue to
serve as legal custodian and provide support
after losing physical custody of the child in a
dissolution of marriage action. People in
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Interest of P.D., 41 Colo. App. 109, 580 P.2d
836 (1978).
Fact that state department of
institutions was vested with right to
control an individual incident to its legal
custody of that person is not per se
determinative of the question of whether the
person was a member of his father's
household for purposes of the "family car
doctrine". Hasegawa v. Day, 684 P.2d 936
(Colo. App. 1983), overruled in Casebolt v.
Cowan, 829 P.2d 352 (Colo. 1992).
Court had statutory duty to conduct
periodic reviews of child's case and,
therefore, had jurisdiction to enter order
refusing to exercise continuing jurisdiction
over case. People in Interest of S.B., 742
P.2d 935 (Colo. App. 1987).
Responsibility for costs of private
placement may remain with the local social
services department, even where legal
custody is not granted to the department if
the court finds the placement necessary to
protect the best interests of the child. People
in Interest of J.H., 770 P.2d 1355 (Colo.
App. 1989).
This section imposes an obligation on
the parents to contribute towards the
costs of their child's residential
placement, computed according to their
ability to pay, in accordance with fee
requirements established by rule. M.S. v.
People, 812 P.2d 632 (Colo. 1991).
The broad language of subsection (4)(d)
applies to a juvenile adjudicated
delinquent who was placed with an
agency in which public moneys were
expended. The obligation of his or her
parents to reimburse the county for the cost
of that care is mandatory. People ex rel.
M.L.M., 104 P.3d 324 (Colo. App. 2004).
Subsection (4)(d) of this section and §
19-2-114 can be harmonized, however, to
provide the court flexibility in allocating
costs. People ex rel. M.L.M., 104 P.3d 324
(Colo. App. 2004).
Section 19 -2-114 gives the court
flexibility in allocating the cost of a
juvenile's care. If appropriate, the court
may order that the juvenile, in addition to
his or her parents, also make reasonable
payments, after considering the factors
enumerated in the statute and making
allowances for any restitution ordered to the
victim or victims of a crime. People ex rel.
M.L.M., 104 P.3d 324 (Colo. App. 2004).
The language of subsection (4)(d) of
this section and § 26-5-102 conflicts with §
14-7-102 since those sections speak in terms
of the parents ability to pay while § 14 -7-
102 imposes absolute liability without
regard for the parents financial condition.
M.S. v. People, 812 P.2d 632 (Colo. 1991).
Subsection (4)(d) of this section and §
26-5-102 are specific provisions
concerning dependency and neglect
adjudications and, with regard to the
parental support obligation, control over §
14-7-102. M.S. v. People, 812 P.2d 632
(Colo. 1991).
Once child has been adjudicated
dependent or neglected and placed
pursuant to this section, the responsibility
to reimburse state for costs for residential
care is governed by subsection (4)(d), not
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§ 14-7-102. People ex rel. B.S.M., 251 P.3d
511 (Colo. App. 2010).
No violation of due process rights of
parents under subsection (4)(d) where
parents were provided with notice and an
opportunity to be heard as to the cost of their
child's residential care. People ex rel.
N.D.S., 5 P.3d 382 (Colo. App. 2000).
Where parents were the victims of their
child's criminal acts, neither the Colorado
Children's Code nor the Colorado Crime
Victim Compensation Act implicitly or
explicitly obviates the parents' duty of
support under subsection (4)(d). People ex
rel. N.D.S., 5 P.3d 382 (Colo. App. 2000).
Absent exceptional circumstances,
former stepparent does not have an
obligation to reimburse the state for costs
incurred on behalf of his former
stepchild. People ex rel. B.S.M., 251 P.3d
511 (Colo. App. 2010).
This section concerns only temporary
awards. Findings under subsection (6.5) are
not required for permanent custody orders.
People in Interest of M.D., 2014 COA 121,
338 P.3d 1120.
Mother's failure to bring any perceived
deficiency in department's efforts to
rehabilitate and reunite the family to the
juvenile court's attention results in a
waiver of her right to raise the reasonable
efforts issue on appeal. People ex rel.
T.M.W., 208 P.3d 272 (Colo. App. 2009).
Applied in People in Interest of A.L.B.,
683 P.2d 813 (Colo. App. 1984); People in
Interest of M.A.G., 732 P.2d 649 (Colo.
App. 1986); People in Interest of A.J., 757
P.2d 1165 (Colo. App. 1988).
19-1-115.3. Missing children and youth from out-of-home placement - required
reporting to law enforcement.
If a child or youth for whom the department of human services or a county department of
human or social services has legal custody pursuant to the provisions of this title 19 is
determined by the agency to be missing, the agency having legal custody of the child or youth
shall report the disappearance immediately, and in no case later than twenty -four hours after
learning of the disappearance, to the National Center for Missing and Exploited Children and to
law enforcement. Law enforcement authorities shall notify the Colorado bureau of investigation
and enter any relevant information into the Colorado crime information center database pursuant
to section 16 -2.7-103. The reporting requirements set forth for foster parents and out -of-home
placement facilities in section 19-2.5-1508 apply.
Source: L. 2015: Entire section added, (HB 15-1078), ch. 41, p. 101, § 1, effective January 1,
2016. L. 2021: Entire section amended, (SB 21 -059), ch. 136, p. 728, § 66, effective October 1.
L. 2022: Entire section amended, (SB 22-095), ch. 70, p. 365, § 4, effective April 7.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-104-
19-1-115.5. Placement of children out of home - legislative declaration.
(1) (a) (I) The general assembly hereby finds that the number of children in out -of-home
placement has increased significantly. The general assembly further finds that the facility in
which a child is placed out of home is often not located in the same school district as the child's
school district of residence. Nevertheless, the general assembly finds that, pursuant to the "Public
School Finance Act of 2025", article 54 of title 22, children in foster home placement are
considered residents of the school district in which the foster home is located. Accordingly, the
school district in which the child is placed must accommodate the child and provide the child
with the necessary educational services that serve the child's best interests while absorbing the
costs associated with such services within the constraints of the school district's existing budget.
The general assembly finds that in many circumstances it is not possible to meet the best
interests of the child in out -of-home placement and the needs of other children enrolled in the
school district within the confines of the district's budget.
(II) The general assembly determines that the number of children in out -of-home placement
and the severity of their attendant needs are increasing. The ability to meet the needs of the
children in out-of-home placement is frequently restricted by the limited resources available to a
school district. Furthermore, the general assembly finds that there is a disproportionately larger
number of children in out -of-home placement in some school districts than in others, thereby
directly impacting the ability of certain school districts to effectively manage and finance the
provision of quality educational services to all students in those districts.
(b) The general assembly therefore determines that it would serve the best interests of all
children enrolled in a school district if the number of children placed in out -of-home placement
facilities by county departments of human or social services in each of the various school
districts is monitored so that the financial impact on all school districts throughout the state is
manageable and equitable and so that the best interests of all children, whether or not in out -of-
home placement, can be served.
(2) (a) Contingent upon implementation of the children, youth, and families automation
project in the department of human services, the department shall make the following
information available to all county departments throughout the state:
(I) Vacancies in out-of-home placement facilities within each county;
(II) The number of out -of-home placement children enrolled in each school district in
relation to the total number of students enrolled in the school district;
(III) A list of all out-of-home placement facilities in each school district; and
(IV) To the extent known and within available resources, a list of the types of services
available in each school district to meet the special needs of children in out-of-home placement.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-105-
(b) In every proceeding pursuant to this title in which the court contemplates placing a child
out of home, the county department shall make recommendations to the court concerning the
proposed placement. Such recommendations shall include information about placement facilities
that are most able to serve appropriately the best interests of the child. In making its
recommendations to the court, the county department shall consider:
(I) The special needs, if any, of the child to be placed, including the ability of the proposed
out-of-home placement facility and the school district in which the proposed out -of-home
placement facility is located to provide the necessary services to meet those needs;
(II) The proximity of the proposed out -of-home placement facility to the child's parents'
home, if parental rights have not been terminated;
(III) Whether the proposed placement facility is in the same school district as the child's
parents' residence;
(IV) If the proposed placement facility is not in the same school district as the child's parents'
residence and if the information is available through the children, youth, and families automation
project, the number of children placed out of home by the court who are already enrolled in the
school district in which the proposed out-of-home placement facility is located.
(c) If the recommendation of the county department is to place the child in a placement
facility that is not located in the same school district as the child's parents' residence, the placing
county department shall inform the school district in which the child's parents reside of the
recommended placement.
(d) In placing a child out of home, the court shall consider the recommendations of the
county department and any information it may have concerning whether the child's educational
needs can be met adequately if the child is placed in an out-of-home placement facility located in
a school district other than the district in which the child's parents reside.
(e) Upon entry of the court's order placing a child in an out -of-home placement facility
located in a school district other than the school district in which the child's parents reside, the
county department shall advise the school district in which the child's parents reside of the court's
order.
(f) When a school district is advised by the county department that a child residing in that
school district is to be placed in an out -of-home placement facility in another school district
pursuant to a court order, the school district shall contact the school district in which the child is
to be placed concerning:
(I) The special educational needs, if any, of the child; and
(II) The resources necessary to meet those special needs.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-106-
(3) The state board of education shall provide the department of human services with all
aggregate, nonidentifying information concerning student enrollment in every school district in
the state that the department of human services may request for purposes of implementing this
section.
Source: L. 97: Entire section added, p. 147, § 1, effective July 1. L. 2018: (1)(b) amended,
(SB 18-092), ch. 38, p. 408, § 30, effective August 8. L. 2024: (1)(a)(I) amended, (HB 24-1448),
ch. 236, p. 1526, § 26, effective May 23.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
19-1-115.7. Foster care prevention services - provision of services - rights and remedies
- exchange of information.
(1) A county department of human or social services may provide both child welfare and
prevention services, including but not limited to foster care prevention services, as defined in
section 19-1-103, to families, kin caregivers, children, juveniles, and youth.
(2) Nothing in this section affects any existing rights of a child, juvenile, or youth or a parent
or legal guardian.
(3) When prevention services information is exchanged between state agencies, county
departments, and service providers to allow for the provision of prevention services, such
information is confidential and not available to the public. Any entities providing prevention
services shall ensure that all information obtained and exchanged is confidential as required
pursuant to this section, sections 19-1-103 and 19-1-307, and any other applicable state or federal
law.
Source: L. 2020: Entire section added, (SB 20-162), ch. 221, p. 1090, § 4, effective July 2. L.
2021: (1) amended, (SB 21-059), ch. 136, p. 729, § 67, effective October 1.
19-1-116. Funding - alternatives to placement out of the home - services to prevent
continued involvement in child welfare system.
(1) The state department of human services shall reimburse allowable expenses to county
departments of human or social services for foster care. The state department's budget request for
Colorado Revised Statutes 2026
Title 19 - Children's Code
-107-
foster care must be based upon the actual aggregate expenditure of federal, state, and local funds
of all counties during the preceding twenty -four months on foster care. Special purpose funds,
not to exceed five percent of the total appropriation for foster care, must be retained by the state
department of human services for purposes of meeting emergencies and contingencies in
individual counties. The amount thus reimbursed to each county must represent the total
expenditure by an individual county for foster care and for alternative services provided in
conformance with the plan prepared and approved pursuant to subsections (2)(b) and (4) of this
section.
(1.5) No later than July 1, 1994, each county in the state shall assure access to alternatives to
out-of-home placements for families with children and youth who are at imminent risk of out -of-
home placements. Beginning September 1, 2011, a county may also provide access for families
to alternative services to prevent continued involvement with the county department child
welfare system. Beginning September 1, 2018, a county may also provide access to alternative
services for former foster care youth, as defined in section 26 -5-101, who are no longer in the
custody of the department but need limited assistance from the county. Two or more counties
may jointly provide or purchase alternative services to families in the respective counties. Such
services shall either be provided for under the plan adopted by placement alternative
commissions in accordance with subsection (2)(b) of this section or purchased by the county if
such county does not have a placement alternative commission for the county. If a county
purchases alternative services, the county shall ensure that the services purchased meet the goals
of placement alternative commission plans, as described in subsection (2)(b)(I) of this section.
(2) (a) The county commissioners in each county may appoint a placement alternatives
commission consisting, where possible, of a physician or a licensed health professional, an
attorney, representatives of a local law enforcement agency, representatives recommended by the
court and probation department, representatives from the county department of human or social
services, a local mental health clinic, and the county, district, or municipal public health agency,
a representative of a local school district specializing in special education, a representative of a
local case management agency, as defined in section 25.5 -6-1702, representatives of a local
residential child care facility and a private nonprofit agency providing nonresidential services for
children and families, a representative specializing in occupational training or employment
programs, a foster parent, and one or more representatives of the lay community. At least fifty
percent of the commission members must represent the private sector. The county commissioners
of two or more counties may jointly establish a district placement alternatives commission. A
placement alternatives commission may be consolidated with other local advisory boards
pursuant to section 24-1.7-103.
(b) (I) On or before July 1, 1994, the commission, if established, shall annually prepare a
plan for the provision of services. The primary goals under the plan shall be to prevent imminent
placement of children out of the home and to reunite children who have been placed out of the
home with their families. If a county provides services to children who, without intervention, risk
Colorado Revised Statutes 2026
Title 19 - Children's Code
-108-
continued involvement with the child welfare system, the county shall include in the plan the
goals to be achieved by providing said services. The plan shall be prepared using all available
sources of information in the community, including public hearings. The plan shall specify the
nature of the expenditures to be made and shall identify the services which are intended to
prevent or minimize placement out of the home and to what extent. The plan shall contain,
whenever practicable, a vocational component to provide assistance to older children concerning
a transition into the work force upon completion of school. Upon approval of the plan by the
county commissioners, the counties shall submit the plan to the department of human services.
(II) On and after July 1, 1994, the commissions shall prepare multi -year plans for services
which contain the same goals as described in subparagraph (I) of this paragraph (b), and the
period for the plans shall be determined in state board rules. The multi -year plans may be
amended annually for budgetary or programmatic changes that are necessary to enhance service
delivery or as otherwise deemed necessary to accomplish the goals of the plan, which reasons
shall be set forth in state board rules. Counties shall submit the multi -year plans for approval by
the state board.
(c) The commission shall review, on an ongoing basis, the effectiveness of programs within
its jurisdiction which are designed to prevent or reduce placement and shall report its findings to
the county commissioners annually.
(d) Repealed.
(e) Upon approval by the state board of human services of the plan submitted pursuant to
paragraph (b) of this subsection (2), the department of human services shall reimburse county
departments, as described in section 26 -1-122, C.R.S., for eighty percent of the expenditures
made in conformance with the plan.
(3) Repealed.
(4) (a) The departments of human services and education and the judicial department shall
jointly develop guidelines for the content and submission of plans as described in paragraph (b)
of subsection (2) of this section. Said guidelines shall include but not be limited to the
information that is gathered by the commission, the goals to be addressed by the plan, the form
of the budget for expenditures that are to be made under the plan, the services that are to be
provided which are intended to prevent or minimize placement out of the home and to reunite
children with their families and to what extent, and the method by which the plan may be
amended during the year to meet the changing local conditions; except that amendments to the
plan on and after July 1, 1994, shall be in accordance with subparagraph (II) of paragraph (b) of
subsection (2) of this section. On and after July 1, 1993, any amendments to the guidelines shall
be developed by the department of human services. Said guidelines shall then be submitted to the
state board of human services, which shall promulgate rules for the submission of plans.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-109-
(b) In addition to the duties described in paragraph (a) of this subsection (4), the state board
of human services is hereby authorized to develop through the adoption of rules categories of
programs and services that promote the primary goals of the plan established in accordance with
paragraph (b) of subsection (2) of this section. Any plan established on and after July 1, 1994,
shall provide for the availability and provision of services or programs within such categories.
Any plan established before July 1, 1994, shall be amended on or before that date to provide for
the availability and provision of services or programs within such categories. The department of
human services shall monitor the implementation of the plans as approved by the state board.
(5) Children currently residing in institutions whose condition would permit them to be
discharged to less restrictive settings shall be so transferred at the earliest possible date. Moneys
appropriated and available to the department of human services shall be allocated on a priority
basis by the department to county departments for the purposes of providing care to children who
are discharged from the institution in which they reside if such children then receive care that is
less intensive, closer to the residence of the parents or family, or in a less restrictive setting.
(6) It is the intent of the general assembly that state money appropriated for placements out
of the home must not be used by county boards of human or social services for the development
of new county -run programs or for the expansion of existing staff or programs, if such
development or expansion duplicates services already provided in the community, including, but
not limited to, day care programs, independent living programs, home -based care, transitional
care, alternative school programs, counseling programs, street academies, tutorial programs, and
in-home treatment and counseling programs.
(7) (a) Any county is hereby authorized to establish a program under which a
multidisciplinary, noncategorical program fund for the county shall be created and moneys from
such fund shall be used to provide child welfare services to at -risk children and their families.
Except as otherwise provided by federal law, the moneys in the county's fund contributed by
state agencies shall be exempt from restrictive, categorical rules otherwise governing the use of
such funds, including the "M" notation in the state's annual appropriations act which describes
the general and federal fund contributions for federally supported programs.
(b) Such services shall include, but are not limited to, assessment, intervention, treatment,
supervision, and shelter when and if appropriate.
(c) (I) The fund for each county must consist of contributions, made by any state, county, or
local agency, of federal, state, or local funds appropriated to or contributed by such agencies for
child welfare services for at -risk children and their families. Appropriated funds include, but are
not limited to, those appropriated to county departments of human or social services, the state
department of human services, the department of public health and environment, the department
of education, the departm ent of public safety, the judicial department, and the job training
partnership office in the governor's office. Each state agency's contribution to a county's fund
must be contingent upon and equal to contributions from the participating county and any other
Colorado Revised Statutes 2026
Title 19 - Children's Code
-110-
local agency that participates and seeks money from the fund. Nothing in this subsection (7)
allows the allocation of general fund money to any other participating county in the same manner
that such money is allocated to Mesa county in accordance with section 2 of House Bill 93 -1171,
as enacted during the first regular session of the fifty-ninth general assembly.
(II) The fund for each county may also consist of contributions from the fund of any other
participating county.
(d) The county board of human or social services for a county shall convene a meeting of the
local and state agencies that provide child welfare services to at -risk children and their families,
that will participate in the program, and that seek money from the county's fund. The meeting is
for the purpose of developing and adopting a memorandum of understanding between such
agencies and the county's board of human or social services concerning the amount of
contributions to the fund described in subsection (7)(c) of this section and the allocation and use
of money allocated from the fund. The memorandum of understanding must provide for the
designation of a governing entity to oversee the administration of the fund and a fiscal agent, a
three-year plan, provisions for evaluating the programmatic and fiscal impact and overall
effectiveness of the program, and a process for submitting the results of the evaluation to the
general assembly and state officials on an annual basis.
(e) The state agencies affected by the implementation of the three -year plan described in
subsection (7)(d) of this section shall review and approve the plan. The state agencies shall act on
the plan within ninety days after the plan is submitted to the state agencies. It is the intent of the
general assembly that the plan be implemented and that the state agencies cooperate in the plan's
development and implementation. Prior to the implementation of the program, a copy of the
approved plan must be submitted to the joint budget committee of the general assembly. Prior to
the expiration of the three -year plan, the county board of human or social services shall follow
the procedures described in subsection (7)(d) of this section for readoption of or revisions to the
three-year plan.
Source: L. 87: Entire title R&RE, p. 707, § 1, effective October 1. L. 90: (1), (2)(b), (2)(e),
and (3) amended and (2)(d) repealed, pp. 1013, 1015, §§ 1, 4, effective July 1. L. 93: (1.5) added
and (2) and (4) amended, p. 2002, § 2, effective June 9; (7) added, p. 2095, § 1, effective July 1;
(4) amended, p. 1135, § 66, effective July 1, 1994. L. 94: (1), (2)(a), (2)(b)(I), (2)(e), (3), (4)(b),
(5), and (7)(c) amended, pp. 2659, 2736, §§ 147, 363, effective July 1; (7) amended, p. 1798, § 1,
effective July 1. L. 96: (2)(b)(I) amended, p. 82, § 3, effective March 20; (3) amended, p. 1256, §
143, effective August 7. L. 97: (2)(a) amended, p. 1191, § 12, effective July 1. L. 98: (3)
amended, p. 729, § 16, effective May 18; (4)(a) amended, p. 821, § 23, effective August 5. L.
2001: (3) repealed, p. 1176, § 5, effective August 8. L. 2010: (2)(a) amended, (HB 10-1422), ch.
419, p. 2075, § 35, effective August 11. L. 2011: (1.5) and (2)(b)(I) amended, (HB 11-1196), ch.
160, p. 553, § 3, effective August 10. L. 2018: (1.5) amended, (HB 18-1319), ch. 217, p. 1391, §
Colorado Revised Statutes 2026
Title 19 - Children's Code
-111-
4, effective May 18; (1), (2)(a), (6), (7)(c)(I), (7)(d), and (7)(e) amended, (SB 18 -092), ch. 38, p.
408, § 31, effective August 8. L. 2021: (2)(a) amended, (HB 21 -1187), ch. 83, p. 326, § 7,
effective July 1, 2024.
Editor's note: (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 -3-120
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (4) in Senate Bill 93 -254 and House Bill 93 -1317 were
harmonized. Amendments to subsection (2)(a) in section 147 of House Bill 94 -1029 were
superseded by amendments in section 363 of House Bill 94 -1029. Amendments to subsection (7)
in House Bill 94-1357 and House Bill 94-1029 were harmonized.
Cross references: For the legislative declaration contained in the 1993 act amending
subsection (4), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative
declaration contained in the 1996 act amending subsection (3), see section 1 of chapter 237,
Session Laws of Colorado 1996. For the legislative declaration in SB 18 -092, see section 1 of
chapter 38, Session Laws of Colorado 2018.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Provision stating that the department
shall reimburse each county for an
amount representing the "total
expenditure" does not require a
reimbursement rate of one hundred
percent. Section 26 -5-104 describes the
applicable rate as eighty percent. Colo.
Dept. of Soc. Servs. v. Montezuma County
Dept. of Soc. Servs., 844 P.2d 1341 (Colo.
App. 1992).
19-1-117. Visitation rights of grandparents or great-grandparents. (Repealed)
Source: L. 87: Entire title R&RE, p. 709, § 1, effective October 1. L. 91: (5) added, p. 262, §
3, effective May 31. L. 93: (5) amended, p. 581, § 18, effective July 1. L. 98: IP(1), (1)(b), and
(2) amended, p. 1406, § 64, effective February 1, 1999. L. 2014: IP(1), (1)(c), (2), (3), (4), and
(5) amended, (HB 14 -1362), ch. 374, p. 1787, § 2, effective June 6. L. 2023: Entire section
repealed, (HB 23-1026), ch. 243, p. 1308, § 8, effective August 7.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-112-
Editor's note: (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 -1-116
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) This section was relocated to §14-10-124.4 in 2023.
Cross references: (1) For the legislative declaration contained in the 1993 act amending
subsection (5), see section 1 of chapter 165, Session Laws of Colorado 1993.
(2) For the short title ("Grandparents' Rights for Aaliyah and Myah Act") in HB 23 -1026, see
section 1 of chapter 243, Session Laws of Colorado 2023.
ANNOTATION
Law reviews. For article, "Parental
Rights and Responsibilities of Grandparents
and Third Parties", see 30 Colo. Law. 63
(May 2001). For article, "The
Constitutionality of Colorado's Grandparent
Visitation and Third -Party Standing
Statutes", see 32 Colo. Law. 51 (Feb. 2003).
For article, "Securing the Nonparent's Place
in a Child's Life Through Adoption and
Adoption Alternatives", see 37 Colo. Law.
27 (Oct. 2008). For article, "Constitutional
Issues and Legal Standards in Parental
Responsibility Matters", see 42 Colo. Law.
33 (Jan. 2013).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This section not unconstitutional on its
face. This section may be construed to
embody the protections required by Troxel
v. Granville, 530 U.S. 57 (2000). The court
read this section as requiring that the
biological parent's decisions concerning
grandparent visitation must carry special
weight and significance in the adjudication
of the grandparent's visitation petition. The
burden of proof must be such that the parent
need not prove that the grandparent
visitation would adversely affect the child.
In re C.M., 74 P.3d 342 (Colo. App. 2002);
In re R.A., 66 P.3d 146 (Colo. App. 2002).
Section does not violate due process
clause of the United States Constitution
merely because it authorizes visitation
rights for grandparents. In re M.G., 58
P.3d 1145 (Colo. App. 2002).
Due process does not require a showing
of parental unfitness prior to applying the
best interest of the child standard to
determine custody of a child. In re R.A.,
66 P.3d 146 (Colo. App. 2002).
Adoptive parents not similarly situated
to biological parents for purposes of an
equal protection analysis when
determining the threshold circumstances
under which grandparents could be
Colorado Revised Statutes 2026
Title 19 - Children's Code
-113-
permitted to seek court -enforced
visitation rights. In re Petition of R.A., 66
P.3d 146 (Colo. App. 2002).
The wishes of adoptive parents should
be given "special significance" like those
of biological parents in determining the
merits of a grandparents' visitation
request, since the intent underlying the
adoption statutes is to place the adopted
child in the same position as the natural
child and, correspondingly, bestow upon the
adoptive parents the same rights and duties
of natural parents. In re Petition of R.A., 121
P.3d 295 (Colo. App. 2005), rev'd on other
grounds sub nom. In re Adoption of C.A.,
137 P.3d 318 (Colo. 2006).
Appropriate standard for issuance of
an order of grandparent visitation
requires: (1) A presumption in favor of the
parental visitation determination; (2) to
rebut this presumption, a showing by
grandparents through clear and convincing
evidence that the parental determination is
not in the child's best interests; and (3)
placement of the ultimate burden on
grandparents to establish by clear and
convincing evidence that the visitation they
seek is in the best interests of the child. In re
Adoption of C.A., 137 P.3d 318 (Colo.
2006).
In applying the best interest of the child
standard in grandparent visitation
petitions, the court must, if it orders
grandparent visitation, make findings of fact
and conclusions of law identifying those
"special factors" upon which it relied. In re
Adoption of C.A., 137 P.3d 318 (Colo.
2006).
Colorado statute is construed to
contain a presumption that parental
determinations about grandparent
visitation are in the child's best interest.
This is a rebuttable presumption, however,
when the grandparent presents clear and
convincing evidence that the parent is either
unfit to make the grandparent visitation
determination or that the grandparent
visitation decision made by the parent is not
in the best interests of the child. In re
Adoption of C.A., 137 P.3d 318 (Colo.
2006).
Grandparent bears same burden of
proof in resisting subsequent motion to
terminate grandparent visitation as in
seeking initial order for grandparent
visitation. Mother and adoptive father, as
movants, have burden to present some
evidence of a material change in
circumstances affecting the child's best
interests to support their motion to terminate
grandparent visitation, and the marriage of
the mother, the adoption of the child by
stepfather, the reports of the child's therapist,
and evidence of the child's difficulties in
school met this burden. Grandparent must
then rebut the presumption, by clear and
convincing evidence, that mother's request
to terminate visitation is in the best interests
of the child. In re A.M., 251 P.3d 1119
(Colo. App. 2010).
Nonparent need not show
demonstrated harm to child to satisfy
"special weight" accorded to parental
determinations. In re Adoption of C.A., 137
P.3d 318 (Colo. 2006); In re Reese, 227 P.3d
900 (Colo. App. 2010).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-114-
Trial court correctly determined that
the filing requirement set forth in this
section did not affect the court's subject
matter jurisdiction; instead, this section is
a venue provision and, as such, is subject to
waiver. In re Villalva, 56 P.3d 1214 (Colo.
App. 2002).
Hearing required if custodial parent
requests. Subsection (2) requires the trial
court to hold a hearing if the custodial parent
so requests. In re Seright, 649 P.2d 730
(Colo. App. 1982).
Filing of an opposing affidavit is not a
condition precedent to the exercise of the
right to require the holding of such a
hearing. In re Seright, 649 P.2d 730 (Colo.
App. 1982).
No time limitation for hearing request.
This section does not specify any time
limitation upon the abilities of the custodial
parent to request a hearing. In re Seright,
649 P.2d 730 (Colo. App. 1982).
Denial of visitation rights held in the
best interests of the children. Kudler v.
Smith, 643 P.2d 783 (Colo. App. 1981).
Proceeding under article 4 of this title is
a custody case for purposes of this section.
F.H. v. K.L.M., 740 P.2d 1006 (Colo. App.
1987).
Dependency and neglect proceeding is a
custody case for purposes of this section.
People in Interest of J.W.W., 936 P.2d 599
(Colo. App. 1997).
Father did not have standing to argue
the inadequacy of visitation rights of
child's grandparents. In Interest of D.R.V .,
885 P.2d 351 (Colo. App. 1994).
Grandmother lacked standing on the
sole basis that the children did not reside
with their father, who was never married
to the children's mother, as the plain
meaning of this section does not authorize
the court to hear grandmother's petition
unless there has been a judicial intervention
into the marriage of the children's parents, a
judicial placement of the children outside
their family, or the death of the grandparent's
child. In re D.C., 116 P.3d 1251 (Colo. App.
2005).
A paternity proceeding is a "child
custody case" within the meaning of this
section and, therefore, grants
grandparent standing to seek visitation
under the statute. Although paternity
actions are not enumerated in this section,
the statute has been construed to include
paternity actions within its definition of a
child custody case. In re K.L.O -V ., 151 P.3d
637 (Colo. App. 2006).
"Great-grandmother" does not fall
within the definition of "grandparent",
therefore, great -grandmother lacked
standing to seek visitation under this section.
In re M.D.E., 2013 COA 13, 297 P.3d 1058.
Mother may make determinations
about the level of contact her children
have with her own family without fear of
court intervention when the children are in
the care and custody of their mother,
grandmother's daughter, and there has been
no prior court intervention. In re D.C., 116
P.3d 1251 (Colo. App. 2005).
Visitation is primarily a right of the
child and only secondarily a right of the
visiting party. Conditions on visitation are
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-115-
within the sound discretion of the trial court,
taking the best interests of the child into
consideration. In re Oswald, 847 P.2d 251
(Colo. App. 1993).
Order under this section expressly
allowing noncustodial grandparent to
take children to church, contrary to
wishes of custodial parent, was invalid
and unconstitutional. In re Oswald, 847
P.2d 251 (Colo. App. 1993).
Because trial court made no findings
concerning child's best interests, did not
accord special weight to mother's
visitation proposal nor address whether
mother's proposal would fail to meet the
child's interests, and made no findings
supporting its order allowing grandparent to
take child to Wyoming over mother's
objections, the visitation issue must be
redetermined. In re C.M., 74 P.3d 342 (Colo.
App. 2002).
This section does not authorize an
order impinging on custodial parent's
rights under § 14 -10-130. In re Oswald,
847 P.2d 251 (Colo. App. 1993).
The presumption giving custodial
preference to biological parent need not
be accorded to a legal guardian. In re
M.G., 58 P.3d 1145 (Colo. App. 2002).
No irreconcilable conflict between
subsections (1)(b) and (1)(c). The so-called
"adoption exclusion" in subsection (1)(b)
has been construed to apply only when a
child becomes available for adoption
because the natural parents' rights have been
legally terminated. Thus, subsection (1)(b)
creates an interim statutory right in favor of
grandparents to visit grandchildren until
placement of the child for adoption or entry
of a final decree of adoption. Under
subsection (1)(c), a grandparent may seek
visitation even after an adoption if a parent
is deceased. In re R.A., 66 P.3d 146 (Colo.
App. 2002).
Grandparents' visitation rights not
subject to exclusion under subsection
(1)(b). Exclusionary statutory phrase
concerning a child for whom adoption is
pending or final pertains only to situations in
which legal custody is vested in someone
other than child's natural parents or in which
child is place out of the natural parents'
home. In re Aragon, 764 P.2d 419 (Colo.
App. 1988).
Grandparents' visitation rights not
automatically terminated by adoption of
child by natural parent's new spouse.
Paternal grandparents' right to visitation
with grandchild after dissolution of parents'
marriage was not automatically divested
when child was subsequently adopted by
mother's new spouse. In re Aragon, 764 P.2d
419 (Colo. App. 1988).
Grandparents' visitation rights
automatically terminate upon completion
of adoption, regardless of whether
adoption is by strangers or a natural
relative. Thus, paternal grandparents'
visitation rights terminated upon completion
of adoption by maternal grandparents.
People in Interest of N.S., 821 P.2d 931
(Colo. App. 1991).
Grandparent's visitation rights
terminated and grandparent did not have
standing to assert rights under this
section where she did not seek to intervene
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in dependency and neglect proceeding and
no order granting her leave to do so was
entered by the trial court. People in Interest
of J.W.W., 936 P.2d 599 (Colo. App. 1997).
Grandparent's visitation rights
terminated and grandparent did not have
standing in the relinquishment
proceedings where the child had been
placed for adoption with the family
designated by the birth parents. Petition of
B.D.G., 881 P.2d 375 (Colo. App. 1993).
Grandparent's visitation rights are
lapsed, not terminated because of death of
biological parents. In re R.A., 66 P.3d 146
(Colo. App. 2002).
Adoptive parents and biological
parents not treated differently when
grandparents are allowed visitation rights of
an adopted child unless a custody case has
taken place. In re R.A., 66 P.3d 146 (Colo.
App. 2002).
Marriage dissolved for purposes of
subsection (1)(a) speaks to the marriage
between persons who were parties to child
custody case. In re Davisson, 797 P.2d 809
(Colo. App. 1990).
Applicability of statute is not limited by
parents' marital status at the time
visitation motion is filed. In re Davisson,
797 P.2d 809 (Colo. App. 1990).
An administrative paternity proceeding
is a child custody case within the meaning
of subsection (1). People in Interest of
A.M.B., 946 P.2d 607 (Colo. App. 1997).
A paternity proceeding is a "child
custody case" within the meaning of this
section and, therefore, grants
grandparent standing to seek visitation
under the statute. Although paternity
actions are not enumerated in this section,
the statute has been construed to include
paternity actions within its definition of a
child custody case. In re K.L.O -V ., 151 P.3d
637 (Colo. App. 2006).
This section does not confer an
unconditional right to intervene in a
paternity action under C.R.C.P. 24(a)(1)
or as of right under 24(a)(2). Because the
statute requires a grandparent to rebut the
presumption that the parent's decision
regarding visitation is in the child's best
interest, it does not give rise to an absolute
right to visitation. Because the statute does
not vest a grandparent with an absolute right
to visitation and issues concerning
grandparent visitation are not inherent in a
paternity action, there is no absolute or
unconditional right for a grandparent to
intervene in a paternity action. In re K.L.O -
V ., 151 P.3d 637 (Colo. App. 2006).
Subsection (3) does not authorize court
to award attorney fees in all requests for
grandparent visitation. Subsection (3) does
not apply to initial requests for visitation;
rather, it applies only when visitation rights
have been established in a prior dissolution
proceeding. In re Gallegos, 251 P.3d 1086
(Colo. App. 2010).
Colorado Revised Statutes 2026
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19-1-117.5. Disputes concerning grandparent or great-grandparent visitation.
(Repealed)
Source: L. 91: Entire section added, p. 262, § 4, effective May 31. L. 98: IP(1), (1)(b), and
IP(2) amended, p. 1407, § 65, effective February 1, 1999. L. 2014: IP(1), (1)(b), IP(2)(d),
(2)(d)(III), and (2)(f) amended, (HB 14 -1362), ch. 374, p. 1788, § 3, effective June 6. L. 2023:
Entire section repealed, (HB 23-1026), ch. 243, p. 1308, § 8, effective August 7.
Editor's note: This section was relocated to § 14-10-124.5 in 2023.
Cross references: For the short title ("Grandparents' Rights for Aaliyah and Myah Act") in HB
23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.
ANNOTATION
Law reviews. For article, "Parental
Rights and Responsibilities of Grandparents
and Third Parties", see 30 Colo. Law. 63
(May 2001).
A grandparent can possess visitation
rights. Although the visitation rights of a
grandparent are more limited than those of
parents, they are still recognized by
Colorado law. A limited right remains a
right. Thus, a Colorado state court order of
visitation rights vests a maternal
grandmother with "parental rights" under the
plain language of the federal International
Parental Kidnapping Crime Act (IPKCA).
Further, a grandparent with joint custody or
sole custody as defined by state law also has
"parental rights" under the IPKCA. U.S. v.
Alahmad, 28 F. Supp. 2d 1273 (D. Colo.
1998) (decided under law in effect prior to
the 1998 amendment), aff'd, 211 F.3d 538
(10th Cir. 2000).
19-1-117.6. Definitions. (Repealed)
Source: L. 91: Entire section added, p. 262, § 4, effective May 31. L. 96: Entire section
repealed, p. 85, § 11, effective March 20.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-118-
19-1-117.7. Requests for placement - legal custody by grandparents. (Repealed)
Source: L. 91: Entire section added, p. 262, § 4, effective May 31. L. 2003: Entire section
amended, p. 1401, § 6, effective January 1, 2004. L. 2026: Entire section repealed, (HB 26 -
1314), ch. 271, p. 1533, § 3, effective June 1.
Cross references: For the legislative declaration in HB 26 -1314, see section 1 of chapter 271,
Session Laws of Colorado 2026.
19-1-118. Court records - inspection. (Repealed)
Source: L. 87: Entire title R&RE, p. 710, § 1, effective October 1. L. 89: (4) and (5) added, p.
914, § 1, effective July 1. L. 90: Entire section repealed, p. 1012, § 8, effective July 1.
19-1-119. Confidentiality of juvenile records - delinquency. (Repealed)
Source: L. 90: Entire section added, p. 1007, § 2, effective July 1. L. 91: IP(1)(a) amended
and (1)(b.5) added, p. 205, § 1, effective July 1. L. 93: Entire section amended, p. 932, § 2,
effective May 28; (1)(a), (1)(b), and (2)(a) amended, p. 1547, § 3, effective July 1; (1)(a)(VII)
amended, p. 969, § 5, effective July 1; (5) amended, p. 453, § 4, effective July 1. L. 93, 1st Ex.
Sess.: (1)(b.5) amended, p. 36, § 1, effective September 13. L. 94: (1)(b.5), IP(1)(c)(II), IP(2)(a),
and (5) amended and (1)(b.7) added, p. 910, § 6, effective April 28; (1)(a)(X), (1)(a)(XIII)(A),
(1)(c)(V), (2)(a)(X), (2)(a)(XIV)(A), and (6) amended, p. 2661, § 148, effective July 1. L. 96:
(1)(a)(XIV) added, p. 1585, § 8, effective July 1; entire section repealed, p. 1173, § 7, effective
January 1, 1997.
Editor's note: This section was relocated to § 19-1-304 in 1997.
19-1-120. Confidentiality of records - dependency and neglect. (Repealed)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-119-
Source: L. 90: Entire section added, (2)(k) and (2)(k)(I) amended, and (2)(l) added, pp. 1009,
1031, 1845, §§ 2, 21, 27, effective July 1; (2)(j) amended, p. 1845, § 37, effective October 1. L.
91: (2)(k) amended and (2)(m) to (2)(o) and (2.5) added, pp. 221, 222, §§ 1, 2, effective May 24.
L. 92: (2)(a) amended, p. 406, § 21, effective June 3; (2)(a) amended, p. 1103, § 1, effective July
1. L. 93: (2)(k) and (2)(l) amended, p. 1779, § 42, effective June 6. L. 94: (2)(p) added, p. 2084,
§ 3, effective June 3; (2)(k), IP(2)(m), and (2)(o) amended, p. 2662, § 149, effective July 1. L.
96: (2)(q) added and (2.5) amended, p. 1586, §§ 9, 10, effective July 1; entire section repealed, p.
1173, § 7, effective January 1, 1997.
Editor's note: This section was relocated to § 19-1-307 in 1997.
19-1-121. Confidentiality of records - "Uniform Parentage Act". (Repealed)
Source: L. 90: Entire section added, p. 1011, § 2, effective July 1. L. 94: Entire section
amended, p. 1540, § 12, effective May 31. L. 96: Entire section repealed, p. 1173, § 7, effective
January 1, 1997.
Editor's note: This section was relocated to § 19-1-308 in 1997.
19-1-122. Confidentiality of records - relinquishments and adoptions. (Repealed)
Source: L. 90: Entire section added, p. 1011, § 2, effective July 1. L. 93: Entire section
amended, p. 656, § 2, effective July 1. L. 96: Entire section repealed, p. 1173, § 7, effective
January 1, 1997.
Editor's note: This section was relocated to § 19-1-309 in 1997.
19-1-123. Expedited procedures for permanent placement - children under the age of
six years - designated counties.
(1) (a) The expedited procedures for the permanent placement of children under the age of
six years required by article 3 of this title 19 must be implemented on a county -by-county basis
Colorado Revised Statutes 2026
Title 19 - Children's Code
-120-
beginning July 1, 1994. The state department of human services, in consultation with the judicial
department and the governing boards of each county department of human or social services,
shall have the responsibility for establishing an implementation schedule that provides for
statewide implementation of such expedited procedures by June 30, 2004. A designated county is
required to implement the expedited procedures on and after the implementation date applicable
to the county as specified in the implementation schedule for each new case filed in the county
involving a child who is under six years of age at the time a petition is filed in accordance with
section 19-3-501 (2).
(b) (Deleted by amendment, L. 2000, p. 73, § 1, effective March 10, 2000.)
(2) (a) The implementation of expedited procedures in additional counties shall be subject to
specific appropriation by the general assembly or by determination by a county that no additional
resources are needed.
(b) (Deleted by amendment, L. 2004, p. 193, § 6, effective August 4, 2004.)
Source: L. 94: Entire section added, p. 2052, § 3, effective July 1. L. 98: (2)(a) amended, p.
730, § 17, effective May 18. L. 2000: (1)(b) and (2)(a) amended, p. 73, § 1, effective March 10.
L. 2004: (2) amended, p. 193, § 6, effective August 4. L. 2018: (1)(a) amended, (SB 18-092), ch.
38, p. 409, § 32, effective August 8.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Where trial court finds by clear and
convincing evidence that a parent's
conduct or condition is unlikely to change
and parent has not therefore been
adversely affected by decrease in time to
comply with a treatment plan, parent
lacks standing to challenge the
constitutionality of this section under the
equal protection guarantees of the fourteenth
amendment of the U.S. Constitution and art.
II, § 25, Colo. Const., as discriminatory
based upon county -by-county adoption of
the section. People in Interest of R.J.A., 994
P.2d 470 (Colo. App. 1999).
The policies underlying both the
expedited procedures and sibling group
preference do not permit the application
of the shorter incarceration period so as to
terminate parental rights concerning an older
child whose parent is subject to the longer
incarceration period. The termination of
parental rights concerning the older child
must still be subject to the longer allowable
Colorado Revised Statutes 2026
Title 19 - Children's Code
-121-
incarceration period. People ex rel. T.M., 240 P.3d 542 (Colo. App. 2010).
19-1-124. Providers of children's services using federal or state moneys - use of state
accounting standards.
In order to ensure financial accountability, on and after July 1, 1997, all service providers
receiving federal or state moneys through the state for the provision of services to children,
youth, and families pursuant to this title shall use the accounting standards of the governmental
accounting standards board.
Source: L. 96: Entire section added, p. 1155, § 5, effective January 1, 1997.
19-1-125. Family stabilization services.
(1) It is the intent of the general assembly to assist in the provision of appropriate and
necessary short-term services to help stabilize families that are at risk of having their children
placed in out -of-home placement when those families voluntarily request such services. It is
further the intent of the general assembly that county departments provide for family
stabilization services through contracts with private or nonprofit organizations or entities
whenever possible.
(2) Repealed.
(3) County departments shall use any moneys allocated pursuant to this section to provide
for family stabilization services, defined by rule of the state board of human services, that may
include but not be limited to:
(a) Less than twenty-four-hour respite care for parents and children;
(b) In-home services that may include kinship care and counseling; or
(c) Services that assist the family to reintegrate following a separation or out -of-home
placement.
Source: L. 2001: Entire section added, p. 739, § 1, effective June 1. L. 2002: (1) and (2)
amended, p. 528, § 2, effective May 24. L. 2003: (2) amended, p. 386, § 1, effective March 5. L.
2004: (2)(d) added, p. 1555, § 3, effective May 28.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-122-
Editor's note: Subsection (2)(d)(I) provided for the repeal of subsection (2), effective July 1,
2006. (See L. 2004, p. 1555.)
19-1-126. Compliance with the federal "Indian Child Welfare Act of 1978". (Repealed)
Source: L. 2002: Entire section added, p. 784, § 3, effective May 30. L. 2018: (3) amended,
(SB 18-092), ch. 38, p. 410, § 33, effective August 8. L. 2019: Entire section amended, (HB 19-
1232), ch. 305, p. 2791, § 2, effective May 28. L. 2023: (4) amended, (SB 23 -211), ch. 150, p.
637, § 1, effective May 4. L. 2025: Entire section repealed, (HB 25-1204), ch. 338, p. 1779, § 1,
effective August 6.
Cross references: For the legislative declaration contained in the 2002 act enacting this
section, see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative
declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the
legislative declaration in HB 19 -1232, see section 1 of chapter 305, Session Laws of Colorado
2019.
ANNOTATION
Law reviews. For article, "Colorado
Moves Toward Full Compliance With
Federal Indian Child Welfare Act", see 31
Colo. Law. 77 (Nov. 2002). For article,
"Finding the Indian Child Welfare Act in
Unexpected Places: Applicability in Private
Non-Parent Custody Actions", see 81 U.
Colo. L. Rev. 1119 (2010). For article, "New
ICWA Regulations Promote Tribal
Sovereignty and Culture for Native
American Children", see 46 Colo. Law. 41
(Apr. 2017). For article, "ICWA on Appeal:
New Challenges and New Approaches" see
49 Colo. Law. 8 (Jan. 2020). For comment,
"People ex rel. K.C. V . K.C.: ICWA Is for
All Native Children", see 100 Denv. L. Rev.
465 (2023).
The definition of "Indian child" under
the federal Indian Child Welfare Act of
1978 (ICWA) turns on membership
rather than enrollment as enrollment is
not always required to be a member of a
tribe. People in Interest of My.K.M., 2021
COA 33M, 491 P.3d 495, rev'd on other
grounds sub nom. People v. V .K.L., 2022
CO 35, 512 P.3d 132.
Juvenile court erred in finding that ICWA
did not apply because the children were not
eligible for enrollment in the tribe. The tribal
representative's statement that the tribe
considered the children to be members of
the tribe conclusively established that the
children are Indian children under ICWA.
People in Interest of My.K.M., 2021 COA
Colorado Revised Statutes 2026
Title 19 - Children's Code
-123-
33M, 491 P.3d 495, rev'd on other grounds
sub nom. People v. V .K.L., 2022 CO 35, 512
P.3d 132.
Reasonable grounds to believe that a
child is an Indian child must depend upon
the totality of the circumstances. In light
of the purpose of the federal ICWA,
however, to permit tribal involvement in
child-custody determinations whenever
tribal members are involved, the threshold
requirement for notice is clearly not
intended to be high. B.H. v. People ex rel.
X.H., 138 P.3d 299 (Colo. 2006).
Even if a trial court inquires at an
initial temporary custody hearing at the
commencement of a dependency and
neglect proceeding whether there is a
reason to know that the child is an Indian
child, it must make another inquiry when
termination is sought if the court has not
already identified the child as an Indian
child and the petitioning party has not
disclosed what efforts it has made to
determine if the child is an Indian child.
People in Interest of C.A., 2017 COA 135,
417 P.3d 909.
But the federal ICWA does not require
district court to hold a tribal enrollment
hearing to determine whether it is in the
child's best interest to become an Indian
child as a prerequisite to the termination of
parental rights. People in Interest of K.C.,
2021 CO 33, 487 P.3d 263.
The court has "reason to know" that a
child is an Indian child for purposes of
the federal ICWA when any participant in
the proceeding, officer of the court involved
in the proceeding, Indian tribe, Indian
organization, or agency informs the court
that it has discovered information indicating
that the child is an Indian child. If the court
receives such information, it must direct the
petitioning party to exercise due diligence in
gathering additional information to assist the
court in having a reason to know if the child
is indeed an Indian child. Mere assertions do
not suffice to give a court "reason to know".
People in Interest of E.A.M., 2022 CO 42,
516 P.3d 924.
"Due diligence", when used under
subsection (3) to determine whether a
court has a "reason to know" that a child
is an Indian child for purposes of this
section, requires the petitioning party to: (1)
earnestly endeavor to investigate the basis
for the parent or other participant's assertion
that the child may be an Indian child; (2)
contact those family members or others who
are specifically identified as having
knowledge regarding that assertion of
general Indian heritage; and (3) learn
whether additional information exists that
will help the court determine whether there
is a reason to know that the child is an
Indian child. People in Interest of A -J.A.B.,
2023 CO 48, 535 P.3d 67.
Neither federal nor state ICWA law
obligates a department of human or social
services to assist or facilitate a child's
enrollment in a tribal nation. It might be the
better practice, however, to do so. People in
Interest of K.C., 2021 CO 33, 487 P.3d 263.
Where caseworker knew that child
would be able to enroll in a tribe if
mother enrolled, this knowledge is
sufficient to warrant notice to the tribe of
a motion to terminate parental rights. The
Colorado Revised Statutes 2026
Title 19 - Children's Code
-124-
state's obligation to notify potentially
concerned tribes necessarily arises prior to
an ultimate determination of the child's
Indian status. As long as there is sufficiently
reliable information of virtually any criteria
on which membership might be based, there
is adequate information to trigger the notice
provisions of the federal ICWA. People ex
rel. S.R.M., 153 P.3d 438 (Colo. App. 2006).
Department of human services must
file notices or return receipt cards with
the court even if the status of the minor
child as an Indian child pursuant to the
federal ICWA is undetermined. Failure to
file notices or return receipts was not
harmless error because department had
relevant facts about the child, and it was not
possible to determine from the record
whether those facts were shared with the
tribe. People ex rel. N.D.C., 210 P.3d 494
(Colo. App. 2009).
Father's failure to timely return
assessment form did not eliminate the
duty of notice and further inquiry under
subsection (1)(a). People ex rel. J.O., 170
P.3d 840 (Colo. App. 2007).
Waiver of notice. Tribe does not waive
right to intervene, or corresponding right to
receive notice, unless it explicitly states that
it will not intervene. People ex rel. S.R.M.,
153 P.3d 438 (Colo. App. 2006); People ex
rel. T.M.W., 208 P.3d 272 (Colo. App.
2009).
Court may not rely on notice given to
tribe concerning sibling. Notice was
insufficient where court relied on notice
given to tribe concerning a sibling to
determine another child's membership in, or
eligibility to enroll in, the tribe. Although
the siblings had the same parents,
determination of tribal membership is made
on an individual basis and tribe is free to
change enrollment criteria at any time.
People ex rel. T.M.W., 208 P.3d 272 (Colo.
App. 2009).
Notice requirement of the federal
ICWA not sufficiently complied with.
People ex rel. J.O., 170 P.3d 840 (Colo. App.
2007); People ex rel. N.D.C., 210 P.3d 494
(Colo. App. 2009); People ex rel. E.C., 259
P.3d 1272 (Colo. App. 2010); People in
Interest of L.L., 2017 COA 38, 395 P.3d
1209.
Notice under the federal ICWA not
required when court had no reason to
know or believe that child had possible
Indian ancestry because mother failed to
provide information in that regard during
termination proceedings. People ex rel.
J.C.R., 259 P.3d 1279 (Colo. App. 2011).
The federal ICWA does not set forth
any different standard of proof for an
adjudicatory hearing in a dependency and
neglect proceeding. The state need only
prove the allegations set forth in the petition
by a preponderance of the evidence in all
adjudications, regardless of heritage. People
in Interest of L.L., 2017 COA 38, 395 P.3d
1209.
Trial court erred in using the standard
of proof beyond a reasonable doubt in
termination hearing because, on the date
of the termination hearing, the court
could not conclude that the child was an
Indian child within the meaning of the
federal ICWA. More than 10 days had
Colorado Revised Statutes 2026
Title 19 - Children's Code
-125-
passed since notice was made to tribes and
at least two tribes had responded that the
child was not eligible for enrollment.
Further, no tribe indicated the child was an
Indian child. Although mother provided the
department with the child's grandfather's
death certificate, and the department had the
obligation to make continuing efforts to
determine whether the child is an Indian
child, the mother should have sought a
continuance to require the department to
send proper notice based upon information
in its possession. Because no tribe
responded within the statutory time frame
stating that the child was an Indian child
within the meaning of the federal ICWA, the
trial court was required to apply the clear
and convincing burden of proof at the
termination hearing. People ex rel. L.O.L.,
197 P.3d 291 (Colo. App. 2008).
Juvenile court erred in denying tribe's
motion to transfer jurisdiction and
entertaining former foster parents'
opposition to the transfer. Plain language
of the Colorado Children's Code applies
transfer of jurisdiction requests to pre -
adoptive and adoptive placement
proceedings and places burden of proof on
the party opposing transfer, who in this case
lacked standing to oppose motion. People in
Interest of L.R.B., 2019 COA 85, 487 P.3d
1058 (decided prior to 2019 amendment).
Inquiries related to the federal ICWA
in a prior case involving the same
child(ren) and same parent(s) does not
nullify the court's or a department of human
or social services' obligation to conduct
"continuing inquiries" in a subsequent new
case. People in Interest of A.D., 2017 COA
61, 413 P.3d 290.
The federal ICWA's "active efforts"
standard requires more than the
"reasonable efforts" standard in non -
ICWA cases (§ 19 -3-604). People ex rel.
A.R., 2012 COA 195M, 310 P.3d 1007.
"Active efforts" is a heightened
standard requiring a greater degree of
engagement by agencies with Native
American families than the traditional
"reasonable efforts" standard. Agencies
must provide a parent with remedial services
and resources to complete all of the parent's
treatment plan objectives. People v. V .K.L.,
2022 CO 35, 512 P.3d 132.
While an agency's active efforts must be
affirmative, active, thorough, and timely,
such efforts also must be tailored to the facts
and circumstances of the case, and the
agency retains discretion to prioritize certain
services and resources to address a parent's
and family's most urgent needs to assist
parents with completing the court -ordered
treatment plan. People v. V .K.L., 2022 CO
35, 512 P.3d 132.
By expressly defining the term
"parent" in the federal ICWA, Congress
expressed its intention that the term is not
subject to definition by state courts. In re
Stockwell, 2019 COA 96, 446 P.3d 957.
Therefore, even though father was the
minor's "legal father" under state law, he
was not the minor's "parent" for purposes of
the federal ICWA. In re Stockwell, 2019
COA 96, 446 P.3d 957.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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If a person is not a "parent" under the
federal ICWA, then an allocation of
parental responsibilities becomes a foster
care placement and a child custody
placement under the federal ICWA. In re
Stockwell, 2019 COA 96, 446 P.3d 957.
Paternity adjudication falls under the
purview of the federal ICWA when it is a
part of a dependency and neglect proceeding
and the child might be placed in foster care
placement with the nonbiological parent. It
is not, however, a stand -alone child custody
proceeding that falls within the purview of
the federal ICWA. People in Interest of O.S -
H., 2021 COA 130, 503 P.3d 884.
Father's assertion of lineal tribal
affiliation gave juvenile court reason to
know that the children involved are
Indian children, thus triggering ICWA's
notice requirements. People in Interest of
M.M., 2022 COA 61, 517 P.3d 87.
Applied in In re People ex rel. A.R.Y .-M.,
230 P.3d 1259 (Colo. App. 2010); People in
Interest of L.H., 2018 COA 27, 431 P.3d
663; People in Interest of K.R., 2020 COA
35, 463 P.3d 336; People in Interest of
Jay.J.L., 2022 COA 43, 514 P.3d 312.
19-1-127. Responsibility for placement and care.
(1) "Responsibility for placement and care", for purposes of compliance with federal
requirements pursuant to the federal "Social Security Act", 42 U.S.C. sec. 672 (a)(2), means the
specified entity is considered to have the responsibility for placement and care of a child if:
(a) A county department of human or social services has entered into a voluntary placement
agreement with the parent or guardian of the child;
(b) A court, as a result of a petition for review of need of placement, has determined that a
county department of human or social services shall have continuing placement and care
responsibility of the child who entered care pursuant to a voluntary placement;
(c) A court has awarded legal custody of the child to a county department of human or social
services, or has committed the child to the custody of the state department of human services; or
(d) An agency, such as a tribal agency, with which the state department of human services
has a contract pursuant to the federal "Social Security Act", has placement and care responsibility
of the child pursuant to a voluntary placement agreement or a court order awarding custody of
the child to the agency.
Source: L. 2006: Entire section added, p. 507, § 2, effective April 18. L. 2018: Entire section
amended, (SB 18-092), ch. 38, p. 410, § 34, effective August 8. L. 2022: IP(1) amended, (SB 22-
212), ch. 421, p. 2971, § 34, effective August 10.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-127-
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
19-1-128. Foster care sibling visits - rules. (Repealed)
Source: L. 2008: Entire section added, p. 1, § 1, effective August 5. L. 2019: Entire section
repealed, (HB 19-1288), ch. 216, p. 2238, § 3, effective August 2.
Editor's note: This section was relocated to § 19-7-204 in 2019.
19-1-129. Department - research authorized - prenatal substance exposure - newborn
and family outcomes - report.
(1) The state department of human services may conduct research as related to the definition
of "abuse" in section 19 -1-103 concerning the incidence of prenatal substance exposure and
related newborn and family health and human services outcomes as the result of a mother's
lawful and unlawful intake of controlled substances.
(2) Beginning in January 2021 and every two years thereafter, the state department of human
services shall report the outcomes of any research conducted pursuant to subsection (1) of this
section to the joint health committees of the general assembly as part of its "State Measurement
for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required
by section 2-7-203.
Source: L. 2019: Entire section added, (SB 19 -228), ch. 276, p. 2603, § 6, effective May 23.
L. 2020: Entire section amended, (HB 20-1402), ch. 216, p. 1048, § 35, effective June 30.
19-1-130. Access to services related to out-of-home placement - definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Gender expression" means a person's way of reflecting and expressing their gender to
the outside world, typically demonstrated through appearance, dress, and behavior.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(b) "Gender identity" means a person's innate sense of the person's own gender, which may
or may not correspond with the person's sex as assigned at birth.
(c) "Placement -related service" means any program, benefit, or service related to out -of-
home placement, including adoption, kinship care, foster care homes, and private child
placement, or a benefit or service described in title 26 that is related to out -of-home placement,
provided by the state department of human services, a county department of human or social
services, a child placement agency, or any other such entity, or a contractor or subcontractor that
provides such program, benefit, or service on behalf of the state department of human services, a
county department of human or social services, a child placement agency, or any other such
entity. Placement-related services may include, but are not limited to, pursuing adoption or any
other child placement; providing early intervention services, out -of-home placement prevention
services, or family preservation services; or any service related to licensing or training for child
care centers, adoptive or foster parents, or kinship care. The state department of human services,
a county department of human or social services, a child placement agency, or any other such
entity is not required to contract with or access a placement -related service outside the current
placement-related services that are utilized by that specific entity.
(d) "Service provider" means the state department of human services, a county department of
human or social services, or a child placement agency. "Service provider" includes a contractor
or subcontractor that provides placement-related services on a service provider's behalf.
(2) A service provider that receives state money to provide placement -related services shall
provide to each individual, family, or other service provider requesting services, including a
service provider under investigation by the state department of human services or its designee for
a violation of this section, fair and equal access to all available placement -related services
offered by the service provider. Service providers that provide specialized placement -related
services to specific populations are not required to provide services outside the scope of their
specialized service or their specific population if the specialization serves a specific treatment -
related purpose.
(3) In addition to any restrictions set forth in section 24-34-805 (2)(b), a service provider that
receives state money to provide placement-related services shall not:
(a) Deny any person the opportunity to become an adoptive or a foster parent solely on the
basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender
identity, gender expression, marital status, national origin, ancestry, or any communicable
disease, including HIV , of the person or a member of the person's household. Any denial to care
for a specific child or youth that includes one of these factors as the basis for the denial must be
documented, must have a clear nexus to the ability to meet the needs of the child or youth, and
the denial to care must not be detrimental to the health or welfare of the child or youth.
Colorado Revised Statutes 2026
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(b) Delay or deny the placement of a child or youth for adoption or into foster care on the
basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender
identity, gender expression, national origin, ancestry, or any communicable disease, including
HIV , of the child or youth, unless the delay or denial of the placement is not detrimental to the
health or welfare of the child or youth;
(c) Require different or additional screenings, processes, or procedures for adoptive or foster
placement decisions solely on the basis of the following, unless such screenings, processes, or
procedures are necessary to determine if the placement is detrimental to the health or welfare of
the child or youth:
(I) A real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender
identity, gender expression, marital status, national origin, ancestry, or any communicable
disease, including HIV , of the prospective adoptive or foster parent; or
(II) A real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender
identity, gender expression, national origin, ancestry, or any communicable disease, including
HIV , of the child or youth involved; or
(d) Subject a child or youth in foster care or an individual, family, or other service provider
to discrimination or harassment on the basis of actual or perceived disability, race, creed,
religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national
origin, ancestry, or any communicable disease, including HIV , when providing any placement -
related service.
(4) (a) A service provider shall provide placement -related services in a manner that is
culturally responsive to the complex social identity of the individual receiving such services.
Complex social identities include but are not limited to race, ethnicity, nationality, age, religion,
sex, sexual orientation, gender identity, gender expression, socioeconomic status, physical or
cognitive ability, language, beliefs, values, behavior patterns, and customs. Nothing in this
subsection (4) may be used to cause the delay or denial of an out -of-home placement of a child
or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of
the child or youth.
(b) The state department of human services shall determine whether placement -related
services are provided in a manner that is culturally responsive to the complex social identity of
the individual receiving such services.
(5) Nothing in this section diminishes the protections afforded to a parent, prospective
parent, child, or youth with a disability, as described in sections 19 -3-208, 19-5-100.2, and 24 -
34-805.
Source: L. 2021: Entire section added, (HB 21-1072), ch. 43, p. 182, § 1, effective April 19.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-1-131. Children of parents who are incarcerated - rules.
The department shall promulgate rules that facilitate communication and family time between
children and their parents who are incarcerated in a department of corrections facility, a private
correctional facility under contract with the department of corrections, or a jail. The purpose of
the rules is to normalize, to the extent possible, the child and parent relationship, to aid and
encourage healthy child development, and reduce recidivism and intergenerational incarceration.
The rules must consider the benefits to the child through maintaining contact with the child's
parent and the parent's willingness and desire to maintain a meaningful relationship with the
child, and assist in the reunification of the child and parent when appropriate. The rules must
consider the impact of rules promulgated pursuant to this section on department of corrections
facilities, private correctional facilities under contract with the department of corrections, jails,
and county departments that must implement the rules. The department shall consider
opportunities to assess the efficacy of the rules promulgated pursuant to this section.
Source: L. 2023: Entire section added, (SB 23 -039), ch. 191, p. 953, § 2, effective January 1,
2024.
Cross references: For the legislative declaration in SB 23 -039, see section 1 of chapter 191,
Session Laws of Colorado 2023.
PART 2
COURT-APPOINTED SPECIAL ADVOCATE PROGRAM
Law reviews: For article, "CASA -- A Powerful V oice for a Child", see 36 Colo. Law. 97 (Oct.
2007).
19-1-201. Legislative intent.
(1) (a) The general assembly hereby finds and declares that quality representation for
children requires legal expertise and thorough case monitoring.
(b) The work of community volunteers has been proven to be effective in addressing the
needs of children. Partnerships between guardians ad litem and community volunteers can
enhance the quality of representation for children.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(c) The general assembly further finds and declares that the state should promote
volunteerism and the exercise of responsible citizenship to enable members of local communities
to become advocates for children.
(2) Therefore, the general assembly hereby authorizes the creation of volunteer court -
appointed special advocate (CASA) programs in order to enhance the quality of representation of
children.
Source: L. 96: Entire part added, p. 1090, § 4, effective May 23. L. 2003: (2) amended, p.
754, § 5, effective March 25.
19-1-202. Creation of CASA programs.
(1) CASA programs may be established in each judicial district or any two or more judicial
districts and shall operate pursuant to a memorandum of understanding between the chief judge
of the judicial district and the CASA program. The memorandum of understanding must identify
the roles and responsibilities of any CASA volunteer appointed in the judicial district or districts
and must indicate whether any CASA volunteer may be made a party to the action. The
memorandum of understanding may be amended or modified at any time to add or delete roles
and responsibilities pursuant to this part 2.
(2) A CASA program established pursuant to the provisions of this part 2 must:
(a) Be a community organization that screens, trains, and supervises CASA volunteers to
advocate for the best interests of children in actions brought pursuant to this title and titles 14
and 15, C.R.S., or for a child in a truancy proceeding pursuant to the "School Attendance Law of
1963", part 1 of article 33 of title 22, C.R.S.;
(b) Be a member in good standing of the Colorado CASA association and the national CASA
association and adhere to the guidelines established by those associations;
(c) Appoint a program director who shall have the responsibilities set forth in section 19 -1-
203;
(d) Have adequate supervisory and support staff who shall be easily accessible, hold regular
case conferences with CASA volunteers to review case progress, and conduct annual
performance reviews for all CASA volunteers;
(e) Provide staff and CASA volunteers with written program policies, practices, and
procedures;
(f) Provide the training required pursuant to section 19-1-204; and
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(g) Attempt to maintain a CASA volunteer-to-supervisor ratio of thirty-to-one.
Source: L. 96: Entire part added, p. 1090, § 4, effective May 23. L. 2008: (1) amended, p. 30,
§ 1, effective March 13. L. 2015: (1), IP(2), and (2)(a) amended, (SB 15 -004), ch. 254, p. 925, §
1, effective August 5.
19-1-203. Program director.
(1) The program director shall be responsible for the administration of the CASA program,
including recruitment, selection, training, and supervision and evaluation of staff and CASA
volunteers.
(2) The program director shall serve as a professional liaison between the court and
community agencies serving children.
Source: L. 96: Entire part added, p. 1091, § 4, effective May 23.
19-1-204. Training requirements.
(1) All CASA volunteers shall participate fully in preservice training, including instruction
on recognizing child abuse and neglect, cultural awareness, child development, education
standards, the juvenile court process, permanency planning, volunteer roles and responsibilities,
advocacy, information gathering, and documentation. CASA volunteers shall be required to
participate in observation of court proceedings prior to appointment.
(2) All CASA volunteers shall receive a training manual that shall include guidelines for
their service and duties.
(3) Each CASA program shall provide a minimum of ten hours of in -service training per
year to CASA volunteers.
Source: L. 96: Entire part added, p. 1091, § 4, effective May 23. L. 2015: (1) amended, (SB
15-004), ch. 254, p. 926, § 2, effective August 5.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-133-
19-1-205. Selection of CASA volunteers.
(1) Each CASA program shall adopt regulations consistent with subsection (2) of this section
and with the Colorado CASA association and national CASA association guidelines governing
qualifications and selection of CASA volunteers. Each CASA program's regulations shall include
provisions that qualified adults shall not be discriminated against based on gender,
socioeconomic, religious, racial, ethnic, or age factors.
(2) The minimum qualifications for any prospective CASA volunteer are that he or she shall:
(a) Be at least twenty-one years of age or older and have demonstrated an interest in children
and their welfare;
(b) Be willing to commit to the court for a minimum of one year of service to a child;
(c) Complete an application, including providing background information required pursuant
to subsection (3) of this section;
(d) Participate in a screening interview;
(e) Participate in the training required pursuant to section 19-1-204; and
(f) Meet other qualifications as determined by the CASA program director and the chief
judge of the judicial district.
(3) A prospective CASA volunteer's application shall include:
(a) A copy of any criminal history record and motor vehicle record;
(a.5) Written authorization for the CASA program to obtain information contained in any
records or reports of child abuse or neglect concerning the prospective CASA volunteer;
(b) At least three references who can address his or her character, judgment, and suitability
for the position; and
(c) Records from any other jurisdictions in which he or she resided during the one -year time
period prior to the date of the application if the prospective CASA volunteer has resided in the
state of Colorado for less than twelve months.
Source: L. 96: Entire part added, p. 1091, § 4, effective May 23. L. 2003: (3)(a) amended and
(3)(a.5) added, p. 1401, § 7, effective January 1, 2004.
Cross references: For the legislative declaration contained in the 2003 act amending
subsection (3)(a) and enacting subsection (3)(a.5), see section 1 of chapter 196, Session Laws of
Colorado 2003.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-134-
19-1-206. Appointment of CASA volunteers.
(1) (a) A judge or magistrate may appoint a CASA volunteer in any action brought pursuant
to this title and titles 14 and 15, C.R.S., when, in the opinion of the judge or magistrate, a child
who may be affected by such action requires services that a CASA volunteer can provide. At the
discretion of the judge or magistrate, a CASA volunteer may be a party to the action if so
provided for in the memorandum of understanding.
(b) A judge or magistrate may appoint a CASA volunteer in any action brought in a
proceeding pursuant to the "School Attendance Law of 1963", part 1 of article 33 of title 22,
C.R.S., provided that at least one parent or legal guardian of the child involved is provided with
notice of the appointment of a CASA volunteer.
(2) A CASA volunteer shall be appointed at the earliest stages of an action pursuant to a
court order that gives him or her the authority to review all relevant documents and interview all
parties involved in the case, including parents, other parties in interest, and any other persons
having significant information relating to the child.
(3) The CASA volunteer's appointment concludes:
(a) When the court's jurisdiction over the child terminates; or
(b) Upon discharge by the court on its own motion or at the request of the program director
of the CASA program to which the CASA volunteer is assigned.
Source: L. 96: Entire part added, p. 1092, § 4, effective May 23. L. 2015: (1) and IP(3)
amended, (SB 15-004), ch. 254, p. 926, § 3, effective August 5.
19-1-207. Restrictions.
(1) A CASA volunteer shall not:
(a) Accept any compensation for the duties and responsibilities of his or her appointment;
(b) Have any association that creates a conflict of interest with his or her duties;
(c) Be related to any party or attorney involved in a case;
(d) Be employed in a position that could result in a conflict of interest or give rise to the
appearance of a conflict;
(e) Use the CASA volunteer position to seek or accept gifts or special privileges.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-135-
Source: L. 96: Entire part added, p. 1093, § 4, effective May 23.
19-1-208. Duties of CASA volunteer.
(1) Independent case investigation. Upon appointment in an action, a CASA volunteer
may:
(a) Conduct an independent investigation regarding the best interests of the child that will
provide factual information to the court regarding the child and the child's family. The
investigation shall include interviews with and observations of the child, interviews with other
appropriate individuals, and the review of relevant records and reports.
(b) Determine if an appropriate treatment plan, as described in section 19 -1-103, has been
created for the child, whether appropriate services are being provided to the child and family, and
whether the treatment plan is progressing in a timely manner;
(c) Determine if additional services are necessary to ensure educational success for a child in
a proceeding pursuant to the "School Attendance Law of 1963", part 1 of article 33 of title 22,
C.R.S.
(2) Recommendations. Unless otherwise ordered by the court, the CASA volunteer, with
the support and supervision of the CASA program staff, shall make recommendations consistent
with the best interests of the child or youth regarding placement, family time, and appropriate
services for the child or youth and family and shall prepare a written report to be distributed to
the parties of the action.
(3) Reports. The CASA volunteer shall assure that the child's best interests are being
advocated at every stage of the case and prepare written reports to be distributed to the parties of
the action.
(4) Case monitoring. The CASA volunteer shall monitor the case to which he or she has
been appointed to assure that the child's essential needs are being met and that the terms of the
court's orders have been fulfilled in an appropriate and timely manner.
(5) Witness. The CASA volunteer may be called as a witness in an action by any party or
the court and may request of the court the opportunity to appear as a witness.
(6) Foster youth in transition program. With the consent of the youth, a CASA volunteer
may be appointed in a foster youth in transition program case filed pursuant to part 3 of article 7
of this title 19 and may support the youth in planning for the youth's future and accessing
necessary services, supports, and assistance consistent with the youth's expressed interests and
the program's goals. A CASA volunteer appointed to a youth in a foster youth in transition
Colorado Revised Statutes 2026
Title 19 - Children's Code
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program case shall not make best interests recommendations to the court or others and must not
have access to or share confidential information about the youth without the youth's express
consent to access or share such information.
Source: L. 96: Entire part added, p. 1093, § 4, effective May 23. L. 98: (1)(b) amended, p.
821, § 24, effective August 5. L. 2015: (1)(c) added, (SB 15-004), ch. 254, p. 926, § 4, effective
August 5. L. 2021: IP(1) and (1)(b) amended, (SB 21 -059), ch. 136, p. 729, § 68, effective
October 1. L. 2023: (2) amended, (HB 23-1027), ch. 284, p. 1681, § 9, effective June 1. L. 2024:
(6) added, (HB 24-1377), ch. 254, p. 1674, § 2, effective August 7.
Cross references: For the legislative declaration in HB 23 -1027, see section 1 of chapter 284,
Session Laws of Colorado 2023.
19-1-209. Role and responsibilities of guardians ad litem - other parties.
(1) (a) Any guardian ad litem, and all state and local agencies, departments, authorities, and
institutions shall cooperate and share information with any CASA volunteer appointed to serve
on a case and with each local CASA program to facilitate the implementation of its program.
(b) The CASA program will help facilitate the cooperation and sharing of information among
CASA volunteers, the attorneys, the county department of human or social services, and other
community agencies.
(2) In any case in which the court has appointed both a CASA volunteer and a guardian ad
litem, the CASA volunteer and the guardian ad litem shall cooperate to represent the best
interests of the child.
(3) The CASA volunteer shall be notified of hearings, staffings, meetings, and any other
proceedings concerning the case to which he or she has been appointed.
Source: L. 96: Entire part added, p. 1094, § 4, effective May 23. L. 2018: (1)(b) amended,
(SB 18-092), ch. 38, p. 410, § 35, effective August 8.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-137-
19-1-210. Access to information.
Upon appointment of a CASA volunteer, the court shall issue an order authorizing access to
such records and other information relating to the child, parent, legal guardian, or other parties in
interest as the court deems necessary.
Source: L. 96: Entire part added, p. 1094, § 4, effective May 23.
19-1-211. Confidentiality.
A CASA volunteer shall not disclose the contents of any document, record, or other
information relating to a case to which the CASA volunteer has access in the course of an
investigation. All such information shall be considered confidential and shall not be disclosed to
persons other than the court and parties to the action.
Source: L. 96: Entire part added, p. 1094, § 4, effective May 23.
19-1-212. Liability.
CASA program directors and volunteers participating in a CASA program shall have the same
civil immunity and liability as described in sections 13-21-115.5 and 13-21-115.7, C.R.S.
Source: L. 96: Entire part added, p. 1094, § 4, effective May 23.
19-1-213. State CASA entity - duties - state court administrator duties - state court-
appointed special advocate fund - definitions.
(1) For the purposes of this section, unless the context otherwise requires:
(a) "Local CASA program" means a CASA program established in a judicial district, or any
two or more judicial districts, pursuant to section 19-1-202.
(b) "Office of the child's representative" means the office of the child's representative created
in section 13-91-104.
(c) "State CASA entity" means the nonprofit entity that has entered into a contract with the
office of the child's representative as described in subsection (2) of this section.
Colorado Revised Statutes 2026
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(2) The office of the child's representative shall contract with a nonprofit entity that is in
good standing with the national CASA association to enhance the CASA program in Colorado.
The state CASA entity shall:
(a) Aid and develop local CASA programs in each judicial district or in adjacent judicial
districts;
(b) Ensure that local CASA programs adhere to state and national CASA standards;
(c) Ensure the provision and availability of high -quality accessible training for local CASA
programs and volunteers;
(d) Seek to enhance existing funding sources, develop private -public partnership funding,
and study the availability of new funding sources for the provision of high -quality local CASA
programs in each judicial district or in adjacent judicial districts.
(3) Beginning July 1, 2019, and at least annually thereafter, the office of the child's
representative shall allocate money appropriated to the state judicial department for CASA
programs to the state CASA entity for allocation to local CASA programs. The state CASA entity
shall report to the office of the child's representative regarding its duties described in subsection
(2) of this section within one month before receiving an allocation.
(4) The state CASA entity, in consultation with local CASA programs, shall annually
establish a formula for the allocation of money appropriated and shall allocate money to the local
CASA programs in accordance with the established allocation formula. The allocation formula
must be provided to the office of the child's representative no later than June 15, 2019, and each
June 15 thereafter, prior to the state CASA entity receiving its annual allocation. On a schedule
described in the contract, but at least annually, the state CASA entity shall provide to the office
of the child's representative a certification from each local CASA program of the amount that
program received from each allocation since the prior certification.
(5) On or before November 1, 2020, and on or before November 1 each year thereafter, the
state CASA entity shall report its activities and the activities of each local CASA program to the
office of the child's representative.
(6) (a) The state court -appointed special advocate fund, referred to in this subsection (6) as
the "fund", is hereby created in the state treasury. The fund consists of money credited to the
fund pursuant to subsection (6)(b) of this section and any other money that the general assembly
may appropriate or transfer to the fund. The state treasurer shall credit all interest and income
derived from the deposit and investment of money in the fund to the fund. The money in the fund
is subject to annual appropriation by the general assembly to the state judicial department for the
purposes of funding local CASA programs established in each judicial district, or in adjacent
judicial districts, pursuant to this part 2, and the enhancement of local CASA programs. Any
Colorado Revised Statutes 2026
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money not appropriated remains in the fund and shall not be transferred or revert to the general
fund at the end of any fiscal year.
(b) The office of the child's representative may seek, accept, and expend gifts, grants, or
donations from private or public sources to fund the work of the state CASA entity. The office of
the child's representative shall transmit all money received through gifts, grants, or donations to
the state treasurer, who shall credit the money to the fund.
Source: L. 2019: Entire section added, (HB 19-1282), ch. 312, p. 2813, § 1, effective May 28.
PART 3
RECORDS AND INFORMATION
Editor's note: This part 3 was added with relocations in 1996, effective January 1, 1997.
Former C.R.S. section numbers are shown in editor's notes following those sections that were
relocated.
19-1-301. Short title.
This part 3 shall be known and may be cited as the "Children's Code Records and Information
Act".
Source: L. 96: Entire part added with relocations, p. 1156, § 6, effective January 1, 1997.
19-1-302. Legislative declaration.
(1) (a) The general assembly declares that information obtained by public agencies in the
course of performing their duties and functions under this title is considered public information
under the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S. The general
assembly, however, recognizes that certain information obtained in the course of the
implementation of this title is highly sensitive and has an impact on the privacy of children and
members of their families. The disclosure of sensitive information carries the risk of stigmatizing
children; however, absolute confidentiality of such information may result in duplicated services
in some cases, fragmented services in others, and the delivery of ineffective and costly programs
and, in some situations, may put other members of the public at risk of harm. In addition,
disclosure may result in serving the best interests of the child and may be in the public interest.
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(b) Furthermore, the general assembly specifically finds that schools, school districts, and
criminal justice agencies attempting to protect children and the public are often frustrated by
their lack of ability to exchange information concerning disruptive children who may have
experienced disciplinary actions at school or whose actions outside of a school setting may have
resulted in contact with local law enforcement. The general assembly finds that schools, school
districts, and criminal justice agencies are often better able to assist such disruptive children and
to preserve school safety when they are equipped with knowledge concerning a child's history
and experiences. The general assembly, however, recognizes that any such sharing of
information among and between schools, school districts, and agencies to promote school safety
or otherwise to assist disruptive children mandates an awareness of the responsibility on the part
of those schools, school districts, and agencies receiving or providing the information that it be
used only for its intended and limited purpose as authorized by law and that the confidential
nature of the information be preserved. The general assembly finds, therefore, that it is desirable
to authorize and encourage open communication among appropriate agencies, including criminal
justice agencies, assessment centers for children, school districts, and schools, in order to assist
disruptive children and to maintain safe schools.
(c) The general assembly further finds that partners in multi -agency assessment centers for
children are often frustrated by their lack of ability to exchange information with each other
when attempting to serve children and the public. The general assembly finds that assessment
centers for children are better able to assist children when they are equipped with knowledge
concerning a child's history and experiences. The general assembly, however, recognizes that any
such sharing of information among agencies who are part of a multi -agency assessment center
for children mandates an awareness of the responsibility on the part of the agencies receiving or
providing the information that it be used only for its intended and limited purpose as authorized
by law and that the confidential nature of the information be preserved.
(d) The general assembly recognizes the importance of children receiving support from all
responsible parties and further finds that the state child support enforcement agency and the
delegate child support enforcement units have a need to exchange information with other state,
federal, and local agencies in order to effectively locate responsible parties; establish paternity
and child support, including child support debt pursuant to section 14 -14-104, C.R.S.; enforce
support orders; disburse collected child support payments; and facilitate the efficient and
effective delivery of services under articles 13 and 13.5 of title 26, C.R.S. Therefore, the general
assembly recognizes that the state child support enforcement agency and the delegate child
support enforcement units need access to the records and databases of the judicial department,
the contents of which are otherwise protected under the provisions of this part 3. The general
assembly, however, recognizes that any such information sharing mandates an awareness of
responsibility on the part of the state child support enforcement agency and the delegate child
support enforcement units receiving information that it be used only for its intended purposes as
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authorized by law and in accordance with the provisions of section 26 -13-102.7, C.R.S., and that
the confidential nature of the information be preserved.
(e) The general assembly recognizes the need to make recommendations to the court
concerning the many aspects of a child's legal status, including but not limited to existing court
orders on placement of the child, legal custody of the child, and orders of protection. Because the
population of this state is transitory, and jurisdictional lines for the purpose of court actions are
arbitrary, communication of certain information available electronically on a statewide basis may
assist state and county agencies, attorneys representing state or county agencies, and attorneys
appointed by the court in making recommendations to the court. The general assembly
recognizes that any such sharing of information among agencies, attorneys representing
agencies, and attorneys appointed by the court mandates an awareness of the responsibility on
the part of these agencies, attorneys representing agencies, and attorneys appointed by the court
in receiving and providing the information that it be used only for its intended and limited
purpose as authorized by law and that the confidential nature of the information be preserved.
(f) (I) The general assembly further recognizes the need for the command authority of
military installations under the United States secretary of defense to receive notice and
information regarding any report that is assigned for an assessment by the state department of
human services or a county department of known or suspected instances of child abuse or neglect
in which the person having care of the child in question is a member of the armed forces or a
spouse, or a significant other or family member residing in the home of the member of the armed
forces. The general assembly recognizes the need for the state department of human services and
county departments to collect information concerning the military affiliation of the individual
having custody or control of a child who is the subject of an investigation of child abuse or
neglect.
(II) To further the fulfillment of these needs, the state department of human services and
county departments should be able to enter into memorandums of understanding with the
command authority of military installations. The memorandums of understanding may establish
protocols for the sharing of information related to assessments of known or suspected instances
of child abuse or neglect and for collaboration on the oversight of child abuse or neglect
investigations involving a member of the armed forces or a spouse, or a significant other or
family member residing in the home of the member of the armed forces.
(III) The general assembly, however, recognizes that any sharing of such information is
critical for an awareness of the responsibility of the involved agencies and military installations
that receive or provide the information that it be used only for its intended and limited purpose as
authorized by law and that the confidential nature of the information must be preserved.
(IV) The general assembly finds, therefore, that it is desirable to authorize and encourage
open communication between the state department of human services, county departments, and
command authority of military installations to better serve children and families of Colorado.
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(2) Therefore, in an effort to balance the best interests of children and the privacy interests of
children and their families with the need to share information among service agencies and
schools and the need to protect the safety of schools and the public at large, the general assembly
enacts the provisions of this part 3.
Source: L. 96: Entire part added with relocations, p. 1156, § 6, effective January 1, 1997. L.
2000: Entire section amended, p. 314, § 1, effective April 7. L. 2003: (1)(d) added, p. 1266, § 55,
effective July 1. L. 2008: (1)(e) added, p. 1241, § 3, effective August 5. L. 2009: (1)(a)
amended, (SB 09-292), ch. 369, p. 1949, § 35, effective August 5. L. 2017: (1)(f) added, (SB 17-
028), ch. 332, p. 1782, § 1, effective August 9.
19-1-303. General provisions - delinquency and dependency and neglect cases -
exchange of information - civil penalty - rules - definitions.
(1) (a) The judicial department or any agency that performs duties and functions pursuant to
this title 19 with respect to juvenile delinquency or dependency and neglect cases or any other
provisions of this title 19 may exchange information, to the extent necessary, for the acquisition,
provision, oversight, or referral of services and support with the judicial department or any other
agency or individual, including a professional representing state or county agencies and an
appointed professional, that performs duties and functions pursuant to this title 19 with respect to
such cases. In order to receive such information, the judicial department, professional, or agency
shall have a need to know for purposes of investigations and case management in the provision
of services or the administration of their respective programs. The judicial department or the
agencies shall exchange information in accordance with subsection (1)(b) of this section.
(b) The judicial department, an agency, an attorney representing an agency, or an appointed
professional described in subsection (1)(a) of this section shall exchange information with the
judicial department or similar agencies or individuals who have a need to know to the extent
necessary for the acquisition, provision, oversight, and referral of services and support and if
provided in the course of an investigation or for case management purposes. The provision of
information by the judicial department shall include electronic read -only access to the name
index and register of actions for agencies or appointed professionals to those case types
necessary to carry out their statutory purpose and the duties of their appointment as provided in
this part 3. The state court administrator of the judicial department and the executive directors of
the affected agencies shall ensure that there is a process for electronically exchanging
information pursuant to this section. Agencies, professionals, and individuals shall maintain the
confidentiality of the information obtained.
(c) Nothing in this section shall require the exchange of information that is subject to the
attorney-client privilege under section 13-90-107 (1)(b), C.R.S.
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(2) (a) School personnel may obtain from the judicial department or agencies described in
paragraph (a) of subsection (1) of this section any information required to perform their legal
duties and responsibilities. Said personnel shall maintain the confidentiality of the information
obtained.
(b) Notwithstanding any other provision of law to the contrary, any criminal justice agency
or assessment center for children in the state may share any information or records concerning a
specific child who is or will be enrolled as a student at a school with that school's principal or
with the principal's designee and, if the student is or will be enrolled at a public school, with the
superintendent of the school district in which the student is or will be enrolled or the
superintendent's designee as follows:
(I) Any information or records, except mental health or medical records, relating to incidents
that, in the discretion of the agency or center, rise to the level of a public safety concern
including, but not limited to, any information or records of threats made by the child, any arrest
or charging information, any information regarding municipal ordinance violations, and any
arrest or charging information relating to acts that, if committed by an adult, would constitute
misdemeanors or felonies; or
(II) Any records, except mental health or medical records, of incidents that such agency or
center may have concerning the child that, in the discretion of the agency or center, do not rise to
the level of a public safety concern but that relate to the adjudication or conviction of a child for
a municipal ordinance violation or that relate to the charging, adjudication, deferred prosecution,
deferred judgment, or diversion of a child for an act that, if committed by an adult, would have
constituted a misdemeanor or a felony.
(c) Notwithstanding any other provision of law to the contrary, a criminal justice agency
investigating a criminal matter or a matter under the "School Attendance Law of 1963", part 1 of
article 33 of title 22, C.R.S., concerning a child may seek disciplinary and truancy information
from the principal of a school, or the principal's designee, at which the child is or will be enrolled
as a student and, if the student is enrolled in a public school, from the superintendent of the
school district in which the student is enrolled, or such superintendent's designee. Upon written
certification by the criminal justice agency that the information will not be disclosed to any other
party, except as specifically authorized or required by law, without the prior written consent of
the child's parent, either the principal of the school in which the child is enrolled, or such
principal's designee, or, if the student is enrolled in a public school, the superintendent of the
school district in which the student is enrolled, or such superintendent's designee, shall provide
the child's attendance and disciplinary records to the requesting criminal justice agency. The
criminal justice agency receiving such information shall use it only for the performance of its
legal duties and responsibilities and shall maintain the confidentiality of the information
received.
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(d) School and school district personnel receiving information pursuant to this subsection (2)
shall use it only in the performance of their legal duties and responsibilities and shall otherwise
maintain the confidentiality of the information received. Any information received by a school or
a school district pursuant to this subsection (2) that is shared with another school or a school
district to which a student may be transferring shall only be shared in compliance with the
requirements of federal law.
(2.5) (a) Notwithstanding any other provision of law to the contrary and in addition to the
provisions of subsections (1) and (2) of this section, assessment centers for children and the
agencies, other than schools and school districts, participating in the local assessment centers for
children are authorized to provide and share information, except for mental health or medical
records and information, with each other, without the necessity of signed releases, concerning
children who have been taken into temporary custody by law enforcement or who have been
referred to the assessment center for children for case management purposes. Agencies shall have
annually updated signed agreements with assessment centers for children to be considered a
participating agency.
(b) For purposes of sharing information pursuant to this subsection (2.5) only, "mental health
or medical records and information" does not include the standardized behavioral or mental
health disorder screening. An assessment center that conducts a standardized behavioral or
mental health disorder screening on a child who has been taken into temporary custody by law
enforcement or has been referred to the assessment center for children for case management
purposes may share the results of such screening, without the necessity of a signed release, with
the agencies, other than schools and school districts, participating in the assessment center for
children. To receive the results of the standardized behavioral or mental health disorder
screening, a participating agency must have a need to know for purposes of investigations and
case management in the administration of its respective programs. Any participating agency
receiving such information shall use it only for the performance of its legal duties and
responsibilities and shall maintain the confidentiality of the information received, except as may
be required pursuant to rule 16 of the Colorado rules of criminal procedure.
(2.6) (a) The state department of human services and county departments:
(I) Shall collect information concerning the military affiliation of any person who has
custody or control of a child who is the subject of an investigation of child abuse or neglect;
(II) Shall provide notice and information to the command authority of military installations
under the United States secretary of defense regarding any report received of known or suspected
instances of child abuse or neglect that is assigned for an assessment and in which the person
having custody or control of the child is a member of the armed forces or a spouse, or a
significant other or family member residing in the home of the member of the armed forces
assigned to that military installation; and
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(III) May enter into memorandums of understanding with the command authority of military
installations establishing protocols for the sharing of information and for collaboration on the
oversight of investigations involving a member of the armed forces or a spouse, or a significant
other or family member residing in the home of the member of the armed forces. The military
installation receiving information shall ensure it is used only for its intended and limited purpose
as authorized by law and that the confidential nature of the information is preserved.
(b) The state board of human services may promulgate any rules necessary for the
implementation of this subsection (2.6).
(2.7) (a) Upon the receipt of written notice sent by a foster parent, employees of the
department of human services and of county departments, or other individuals with a need to
know, shall be prohibited from releasing personally identifiable information about a foster
parent, other than the foster parent's first name, to any adult member of the foster child's family,
unless the foster parent subsequently provides his or her express written consent for the release
of the information. The consent may consist of a hand -written note by the foster parent
specifying the foster child's name, the consent for release of information to the foster child's
family, the foster parent's signature, and the date. The consent shall be given individually for
each foster child, unless the foster children are members of a sibling group.
(b) The civil penalty described in subsection (4.7) of this section shall not apply to any foster
child or siblings of the foster child.
(3) and (4) (Deleted by amendment, L. 2000, p. 315, § 2, effective April 7, 2000.)
(4.3) School and school district personnel, employees of the state judicial department,
employees of state agencies, employees of criminal justice agencies, and employees of
assessment centers for children who share information concerning a child pursuant to this part 3
shall be immune from civil and criminal liability if such personnel or employee acted in good
faith compliance with the provisions of this part 3.
(4.4) The judicial department, with respect to dependency or neglect cases or any other
provisions under this title, shall exchange information, to the extent necessary, with the state
child support enforcement agency and the delegate child support enforcement units for the
purposes of effectively locating responsible parties, establishing paternity and child support,
including child support debt pursuant to section 14 -14-104, C.R.S., enforcing support orders,
disbursing collected child support payments, and facilitating the efficient and effective delivery
of services under articles 13 and 13.5 of title 26, C.R.S.
(4.7) Any person who knowingly violates the confidentiality provisions of this section shall
be subject to a civil penalty of up to one thousand dollars.
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(5) The provisions of this section are in addition to and not in lieu of other statutory
provisions of law pertaining to the release of information. Access to or exchange of information
not otherwise addressed by this section is governed as otherwise provided by law.
(6) For purposes of this section:
(a) "Assessment center for children" is defined in section 19-1-103 (13).
(a.1) "Case management purposes" is defined in section 19-1-103 (19).
(a.3) "Criminal justice agency" is defined in section 19-1-103 (48).
(b) "Need to know" is defined in section 19-1-103 (99).
(c) "School" is defined in section 19-1-103 (123).
(7) This section shall be interpreted to promote the best interests of the child and, where
possible, the child's family.
(8) to (10) (Deleted by amendment, L. 2008, p. 1242, § 4, effective August 5, 2008.)
(11) (a) The judicial department or any agency described in subsection (1)(a) of this section
may provide a prospective foster parent, relative, or kin caregiver, as defined by rule of the
department of human services, or a foster parent who is responsible for the health or welfare of a
foster child named in a report who is residing in the foster parent's home, with information that is
necessary to meet the foster child's physical, mental, emotional, behavioral, and other identified
trauma needs.
(b) The information described in subsection (11)(a) of this section is only information
directly relevant to meeting the foster child's physical, mental, emotional, behavioral, and other
identified trauma needs, and includes, but is not limited to, the following:
(I) A foster child's educational records;
(II) Relevant information in the family services plan to meet the safety, permanency, and
well-being needs of the foster child, including any safety issues that impact the foster parent's
ability to parent the foster child;
(III) Circumstances related to the removal of the foster child from his or her home; and
(IV) Youth placement history, including safety concerns and reasons for unplanned
placement moves.
(c) Mental health and medical records of a child may be released pursuant to this subsection
(11), subject to any privilege recognized or governed by state or federal law.
(d) The foster parent, relative, or kin caregiver shall maintain the confidentiality of any
information obtained pursuant to this subsection (11).
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Source: L. 96: Entire part added with relocations, p. 1156, § 6, effective January 1, 1997. L.
2000: Entire section amended, p. 315, § 2, effective April 7. L. 2001: (2)(c) amended, p. 870, §
1, effective June 1. L. 2002: (2.5) amended, p. 575, § 5, effective May 24. L. 2003: (4.4) added,
p. 1267, § 56, effective July 1. L. 2004: (2.7) added, p. 973, § 2, effective August 4. L. 2007: (8),
(9), and (10) added, p. 1300, § 1, effective July 1. L. 2008: (1), (8), (9), and (10) amended, p.
1242, § 4, effective August 5. L. 2016: (5) amended, (HB 16 -1098), ch. 103, p. 297, § 1,
effective April 15. L. 2017: (2.5)(b) amended, (SB 17 -242), ch. 263, p. 1309, § 151, effective
May 25; (2.6) added, (SB 17-028), ch. 332, p. 1783, § 2, effective August 9. L. 2018: (11) added,
(HB 18-1348), ch. 325, p. 1960, § 1, effective May 30. L. 2022: (6)(a), (6)(a.1), (6)(a.3), (6)(b),
and (6)(c) amended, (SB 22 -212), ch. 421, p. 2971, § 35, effective August 10. L. 2023: (11)(a)
and (11)(d) amended, (HB 23 -1024), ch. 367, p. 2205, § 2, effective August 7. L. 2025: (1)(a)
and (1)(b) amended, (SB 25-239), ch. 142, p. 536, § 2, effective August 6.
Editor's note: Subsection (6)(c) was originally enacted as subsection (6)(a.7) in House Bill
00-1119 but was renumbered on revision in 2003 for ease of location.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017. For the legislative declaration in HB 23 -1024, see section 1 of
chapter 367, Session Laws of Colorado 2023.
19-1-304. Juvenile delinquency records - division of youth services critical incident
information - definitions.
(1) (a) Court records - open. Except as provided in subsection (1)(b.5) of this section, court
records in juvenile delinquency proceedings or proceedings concerning a juvenile charged with
the violation of any municipal ordinance except a traffic ordinance are open to inspection to the
following persons without court order:
(I) The juvenile named in said record;
(II) The juvenile's parent, guardian, legal custodian, or attorney;
(III) Any attorney of record;
(IV) The juvenile's guardian ad litem or counsel for youth;
(V) The juvenile probation department and the adult probation department for purposes of a
presentence investigation and the preparation of a presentence report as described in section 16 -
11-102 (1)(a), C.R.S.;
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(VI) Any agency to which legal custody of the juvenile has been transferred;
(VII) Any law enforcement agency or police department in the state of Colorado;
(VII.5) The Colorado bureau of investigation for purposes of conducting a criminal
background investigation relating to authorization of a firearm purchase;
(VIII) A court which has jurisdiction over a juvenile or domestic action in which the juvenile
is named;
(IX) Any attorney of record in a juvenile or domestic action in which the juvenile is named;
(X) The state department of human services;
(XI) Any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;
(XII) All members of a child protection team, if one exists pursuant to section 19 -3-308
(6)(a);
(XIII) Any person or agency for research purposes, if all of the following conditions are met:
(A) The person or agency conducting the research is employed by the state of Colorado or is
under contract with the state of Colorado and is authorized by the department of human services
to conduct the research; except that the department of public safety is not required to obtain prior
authorization from the department of human services for purposes of this subsection (1)(a)(XIII);
(B) The person or agency conducting the research ensures that all documents containing
identifying information are maintained in secure locations and access to such documents by
unauthorized persons is prohibited; that no identifying information is included in documents
generated from the research conducted; and that all identifying information is deleted from
documents used in the research when the research is completed; and
(C) Any data released must only be in aggregate form;
(XIV) The victim and the complaining party, if different, identified in the court file;
(XV) The department of corrections for aid in determinations of recommended treatment,
visitation approval, and supervised conditions;
(XVI) The principal, or the principal's designee, of a school in which the juvenile is or will
be enrolled as a student and, if the student is or will be enrolled in a public school, to the
superintendent of the school district in which the student is or will be enrolled, or such
superintendent's designee;
(XVII) The department of education when acting pursuant to section 22 -2-119, C.R.S., or
pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S.
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(b) Court records - limited. With consent of the court, records of court proceedings in
delinquency cases may be inspected by any other person having a legitimate interest in the
proceedings.
(b.5) Arrest and criminal records - certain juveniles - public access - information
limited. The public has access to information reporting the arrest or other formal filing of
charges against a juvenile; the identity of the criminal justice agency taking such official action
relative to an accused juvenile; the date and place that such official action was taken relative to
an accused juvenile; the nature of the charges brought or the offenses alleged; and one or more
dispositions relating to the charges brought against an accused juvenile, when this information:
(I) Is in the custody of the investigating law enforcement agency, the agency responsible for
filing a petition against the juvenile, and the court; and
(II) Concerns a juvenile who:
(A) Is adjudicated a juvenile delinquent or is subject to a revocation of probation for
committing the crime of possession of a handgun by a juvenile or for committing an act that
would constitute a class 1, 2, 3, or 4 felony or would constitute any crime that involves the use or
possession of a weapon if such act were committed by an adult; or
(B) Is charged with the commission of any act described in sub -subparagraph (A) of this
subparagraph (II).
(b.7) The information that is open to the public pursuant to subsection (1)(b.5) of this section
regarding a juvenile who is charged with the commission of a delinquent act shall not include
records of investigation as such records are described in section 24 -72-305 (5). In addition, any
psychological profile of any such juvenile, any intelligence test results for any such juvenile, or
any information regarding whether such juvenile has been sexually abused is not open to the
public unless released by an order of the court. The information that is open to the public
pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with a
delinquent act shall not include the juvenile's name, birth date, or photograph.
(b.8) The court shall report the final disposition concerning a juvenile who has been
adjudicated a juvenile delinquent to the Colorado bureau of investigation in a form that is
electronically consistent with applicable law. The report must be made within seventy -two hours
after the final disposition; except that the time period shall not include Saturdays, Sundays, or
legal holidays. The report must include the disposition of each charge and the court case number,
and the Colorado bureau of investigation shall reflect any change of status but shall not delete or
eliminate information concerning the original charge. Colorado bureau of investigation records
regarding juvenile offenses are not open to the public.
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(c) Probation records - limited access. Except as otherwise authorized by section 19 -1-
303, a juvenile probation officer's records, whether or not part of the court file, are not open to
inspection except as provided in subsection (1)(c)(I) to (1)(c)(XI) of this section:
(I) To persons who have the consent of the court;
(II) To law enforcement officers, as defined in section 19 -1-103 (93), and to fire
investigators, as defined in section 19 -1-103 (65). The inspection shall be limited to the
following information:
(A) Basic identification information as defined in section 24-72-302 (2), C.R.S.;
(B) Details of the offense and delinquent acts charged;
(C) Restitution information;
(D) Juvenile record;
(E) Probation officer's assessment and recommendations;
(F) Conviction or plea and plea agreement, if any;
(G) Sentencing information; and
(H) Summary of behavior while the juvenile was in detention, if any;
(II.5) To the Colorado bureau of investigation for purposes of conducting a criminal
background investigation relating to authorization of a firearm purchase. The inspection shall be
limited to the information identified in sub -subparagraphs (A) to (H) of subparagraph (II) of this
paragraph (c).
(III) To a court which has jurisdiction over a juvenile or domestic action in which the
juvenile is named;
(IV) To any attorney of record in a juvenile or domestic action in which the juvenile is
named;
(V) To the state department of human services;
(VI) To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;
(VII) To all members of a child protection team, if one exists pursuant to section 19 -3-308
(6)(a);
(VII.5) To the juvenile named in the record;
(VIII) To the juvenile's parent, guardian, legal custodian, or attorney;
(IX) To the juvenile's guardian ad litem or counsel for youth;
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(X) To the principal of a school, or such principal's designee, in which the juvenile is or will
be enrolled as a student and, if the student is or will be enrolled in a public school, to the
superintendent of the school district in which the student is or will be enrolled, or such
superintendent's designee; or
(XI) To the department of education when acting pursuant to section 22 -2-119, C.R.S., or
pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S.
(d) Social and clinical studies - closed - court authorization. Except as otherwise
authorized by section 19 -1-303, any social and clinical studies, including all formal evaluations
of the juvenile completed by a professional, whether or not part of the court file or any other
record, are not open to inspection, except:
(I) To the juvenile named in the record;
(II) To the juvenile's parent, guardian, legal custodian, or attorney; or
(III) By order of the court, upon a finding of a legitimate interest in and need to review the
social and clinical studies.
(2) (a) Law enforcement records in general - closed. Except as otherwise provided by
subsection (1)(b.5) of this section and otherwise authorized by section 19 -1-303, the records of
law enforcement officers concerning juveniles, including identifying information, must be
identified as juvenile records and must not be inspected by or disclosed to the public, except:
(I) To the juvenile and the juvenile's parent, guardian, legal custodian, or attorney;
(II) To other law enforcement agencies and to fire investigators, as defined in section 19 -1-
103 (65), who have a legitimate need for such information;
(II.5) To the Colorado bureau of investigation for purposes of conducting a criminal
background investigation relating to authorization of a firearm purchase;
(III) To the victim and the complaining party, if different, in each case after authorization by
the district attorney or prosecuting attorney;
(IV) When the juvenile has escaped from an institution to which such juvenile has been
committed;
(V) When the court orders that the juvenile be tried as an adult criminal;
(VI) When there has been an adult criminal conviction and a presentence investigation has
been ordered by the court;
(VII) By order of the court;
(VIII) To a court which has jurisdiction over a juvenile or domestic action in which the
juvenile is named;
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(IX) To any attorney of record in a juvenile or domestic action in which the juvenile is
named;
(X) To the state department of human services;
(XI) To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;
(XII) To all members of a child protection team, if one exists pursuant to section 19 -3-308
(6)(a);
(XIII) To the juvenile's guardian ad litem or counsel for youth;
(XIV) To any person or agency for research purposes, if all of the following conditions are
met:
(A) The person or agency conducting such research is employed by the state of Colorado or
is under contract with the state of Colorado and is authorized by the department of human
services to conduct such research; except that the department of public safety does not need to
obtain prior authorization from the department of human services for the purposes of this
subsection (2)(a)(XIV)(A); and
(B) The person or agency conducting the research ensures that all documents containing
identifying information are maintained in secure locations and access to such documents by
unauthorized persons is prohibited; that no identifying information is included in documents
generated from the research conducted; and that all identifying information is deleted from
documents used in the research when the research is completed;
(XV) To the principal of a school, or such principal's designee, in which the juvenile is or
will be enrolled as a student and, if the student is or will be enrolled in a public school, to the
superintendent of the school district in which the student is or will be enrolled, or such
superintendent's designee;
(XVI) To assessment centers for children;
(XVII) To the department of education when acting pursuant to section 22 -2-119, C.R.S., or
pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S.
(b) The fingerprints, photograph, name, address, and other identifying information regarding
a juvenile may be transmitted to the Colorado bureau of investigation to assist in any
apprehension or investigation and for purposes of conducting a criminal background
investigation relating to authorization of a firearm purchase.
(2.5) Parole records. Parole records are open to inspection by the principal of a school, or
such principal's designee, in which the juvenile is or will be enrolled as a student and, if the
student is or will be enrolled in a public school, by the superintendent of the school district in
which the student is or will be enrolled, or such superintendent's designee. Parole records are
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also open to inspection by assessment centers for children and by the juvenile named in the
record and the juvenile's parent, guardian, legal custodian, or attorney.
(3) Prior to adjudication, the defense counsel, the district attorney, the prosecuting attorney,
or any other party to a pending delinquency petition with consent of the court must have access
to records of any proceedings pursuant to this title 19, except as provided in section 19 -1-309,
which involve a juvenile against whom criminal or delinquency charges have been filed. No new
criminal or delinquency charges against such juvenile may be brought based upon information
gained initially or solely from such examination of records.
(4) For the purpose of making recommendations concerning sentencing after an adjudication
of delinquency, the defense counsel and the district attorney or prosecuting attorney shall have
access to records of any proceedings involving the adjudicated juvenile pursuant to this title,
except as provided in sections 19 -1-307, 19 -1-308, and 19 -1-309. No new criminal or
delinquency charges against the adjudicated juvenile shall be brought based upon information
gained initially or solely from such examination of records.
(5) Direct filings - arrest and criminal records open. Whenever a petition filed in juvenile
court alleges that a juvenile between the ages of twelve to eighteen years has committed an
offense that would constitute unlawful sexual behavior, as defined in section 16 -22-102 (9),
C.R.S., or a crime of violence, as defined in section 18 -1.3-406, C.R.S., if committed by an adult
or whenever charges filed in district court allege that a juvenile has committed such an offense,
then the arrest and criminal records information, as defined in section 24 -72-302 (1), C.R.S., and
including a juvenile's physical description, concerning such juvenile shall be made available to
the public. The information is available only from the investigative law enforcement agency, the
agency responsible for filing a petition, and the court, and shall not include records of
investigation as such records are described in section 24 -72-305 (5), C.R.S. Basic identification
information, as defined in section 24 -72-302 (2), C.R.S., along with the details of the alleged
delinquent act or offense, shall be provided immediately to the school district in which the
juvenile is enrolled. Such information shall be used by the board of education for purposes of
section 22 -33-105 (5), C.R.S., but information made available to the school district and not
otherwise available to the public shall remain confidential.
(5.5) Whenever a petition is filed in juvenile court alleging a class 1, class 2, class 3, or class
4 felony; a level 1, level 2, or level 3 drug felony; an offense involving unlawful sexual behavior
as defined in section 16 -22-102; a crime of violence as described in section 18 -1.3-406; a
burglary offense as described in part 2 of article 4 of title 18; felony menacing, in violation of
section 18-3-206; harassment, in violation of section 18 -9-111; fourth degree arson, in violation
of section 18-4-105; motor vehicle theft, in violation of section 18 -4-409; hazing, in violation of
section 18-9-124; or possession of a handgun by a juvenile, in violation of section 18 -12-108.5,
or when a petition is filed in juvenile court in which the alleged victim of the crime is a student
or staff person in the same school as the juvenile or in which it is alleged that the juvenile
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possessed a deadly weapon during the commission of the alleged crime, the prosecuting attorney,
within three working days after the petition is filed, shall make good faith reasonable efforts to
notify the principal of the school in which the juvenile is enrolled and shall provide such
principal with the arrest and criminal records information, as defined in section 24-72-302. In the
event the prosecuting attorney, in good faith, is not able to either identify the school that the
juvenile attends or contact the principal of the juvenile's school, then the prosecuting attorney
shall contact the superintendent of the juvenile's school district.
(6) The department of human services shall release to the committing court, the prosecuting
attorney, the Colorado bureau of investigation, and local law enforcement agencies basic
identification information as defined in section 24 -72-302 (2) concerning any juvenile released
or released to parole supervision or any juvenile who escapes. This information is not open to the
public.
(7) In addition to the persons who have access to court records pursuant to subsection (1)(a)
of this section, statewide electronic read -only access to the name index and register of actions of
the judicial department must be allowed to the following agencies or persons:
(a) County departments, as defined in section 19-1-103 (43), and attorneys who represent the
county departments as county attorneys, as defined in section 19 -1-103 (42), as it relates to the
attorneys' work representing the county;
(b) The office of the state public defender, created in section 21-1-101, C.R.S.;
(c) Professionals under contract with the office of the child's representative, created in
section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad
litem, or a professional under contract or employed by the office of the child's representative, as
it relates to a case in which the attorney is appointed;
(d) Professionals under contract with the office of alternate defense counsel, created in
section 21-2-101, as it relates to a case in which the attorney is appointed;
(e) A professional under contract with the office of the respondent parents' counsel, created
in section 13 -92-103, or authorized by the office of the respondent parents' counsel to act as a
respondent parent's counsel, as it relates to a case in which the attorney is appointed; and
(f) A licensed attorney working with a nonprofit association providing free legal assistance
as it relates to screening an applicant for eligibility for free services or to a case in which the
organization has entered an appearance to provide free representation, if the office of the
alternate defense counsel agrees to monitor the attorney's use of the electronic name index and
register of actions.
(8) Division of youth services critical incident information.
(a) For the purposes of this subsection (8), "critical incident" means any of the following:
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(I) An intentional physical or sexual act of aggression that:
(A) Causes or attempts to cause serious bodily injury;
(B) Causes bodily injury that requires only first aid or lesser attention; or
(C) Causes no bodily injury;
(II) Unauthorized physical or sexual contact caused through recklessness or negligence,
where physical or sexual harm was not intended; or
(III) An attempt to harm or gain power by blows or with weapons.
(b) The department of human services, the division of youth services, or any agency with
relevant information shall release the following information related to any critical incident, or
aggregate of critical incidents, that occurred in a facility operated by the division of youth
services upon request so long as the disclosing agency, except as described in subsection
(8)(b)(V) of this section, redacts any identifying information, any information concerning
security procedures or protocols, and any information that would jeopardize the safety of the
community, youths, or staff:
(I) The type of critical incident that occurred or a summary of types of critical incidents that
have occurred within a given time frame;
(II) A summary of whether the number and types of critical incidents are increasing or
decreasing in frequency and severity;
(III) On average, how many of the youth have been involved in multiple critical incidents
and the average length of detainment;
(IV) A summary of responses to critical incidents by the facility involved, such as de -
escalation or typical consequence imposed; and
(V) A summary of any critical incident that has occurred, which summary must include a
summary of any use of force on a youth, including any physical -management techniques or
restraints utilized and any seclusion of a youth. The division shall not redact the information
other than to protect the personal identifying information of any individual.
(c) The division of youth services, the department of human services, or any agency with
relevant information related to a critical incident shall provide redacted records related to the
critical incident, provided confidentiality is maintained. The division may charge a fee in
accordance with section 24-72-205.
(d) The division of youth services may release to the public information at any time to
correct inaccurate information pertaining to the critical incident that was reported in the news
media, so long as the release of information by the division protects the confidentiality of any
youth involved; is not explicitly in conflict with federal law; is not contrary to the best interest of
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the child who is the subject of the report, or his or her siblings; is in the public's best interest; and
is consistent with the federal "CAPTA Reauthorization Act of 2010", Pub.L. 111-320.
(e) Except as otherwise authorized by section 19 -1-303, all records prepared or obtained by
the department of human services in the course of carrying out its duties pursuant to article 2.5 of
this title 19 are confidential and privileged.
Source: L. 96: Entire part added with relocations, p. 1158, § 6, effective January 1, 1997;
(1)(a)(XV) added, p. 1587, § 15, effective January 1, 1997. L. 98: (1)(a)(XI), (1)(c)(VI), and
(2)(a)(XI) amended, p. 1407, § 66, effective February 1, 1999. L. 99: (1)(a)(V) amended, p. 316,
§ 5, effective July 1; (5) amended, p. 1144, § 1, effective July 1. L. 2000: (1)(b.8) added, p. 12, §
5, effective March 7; (1)(a)(VII.5), (1)(c)(II.5), and (2)(a)(II.5) added and (2)(b) amended, pp.
226, 227, §§ 1, 2, 3, 4, effective March 29; (1)(a)(XVI), (1)(c)(X), (2)(a)(XV), (2)(a)(XVI), and
(2.5) added and IP(1)(c) and (5) amended, pp. 319, 320, §§ 3, 4, 5, 6, 9, effective April 7;
(1)(a)(XVI), (1)(c)(X), and (5.5) added and IP(1)(c) amended, pp. 1964, 1965, §§ 6, 7, 8,
effective June 2. L. 2001: (5.5) amended, p. 138, § 3, effective July 1. L. 2002: (5) amended, p.
1187, § 23, effective July 1; (5) amended, p. 1522, § 222, effective October 1. L. 2003:
(1)(c)(II.5) amended, p. 1991, § 33, effective May 22. L. 2008: (1)(a)(XVII), (1)(c)(XI), and
(2)(a)(XVII) added and IP(1)(c), (1)(c)(IX), and (1)(c)(X) amended, pp. 1667, 1668, §§ 10, 11,
12, effective May 29; (7) added, p. 1243, § 5, effective August 5. L. 2015: (8) added, (HB 15 -
1131), ch. 164, p. 499, § 2, effective May 8. L. 2016: IP(1)(a) and (1)(a)(XIII) amended, (HB 16-
1098), ch. 103, p. 297, § 2, effective April 15; IP(7) and (7)(e) amended, (HB 16 -1193), ch. 81,
p. 207, § 2, effective July 1. L. 2017: IP(8)(b), (8)(b)(V), (8)(c), and (8)(d) amended, (HB 17 -
1329), ch. 381, p. 1965, § 6, effective June 6; IP(1)(a), (1)(a)(XII), IP(1)(c), (1)(c)(VII), IP(2)(a),
and (2)(a)(XII) amended, (SB 17 -016), ch. 107, p. 391, § 3, effective August 9; IP(1)(a),
(1)(a)(II), (1)(a)(XIII)(A), IP(1)(b.5), (1)(b.7), (1)(b.8), IP(1)(c), (1)(c)(VIII), (1)(d), IP(2)(a),
(2)(a)(I), (2)(a)(XIV)(A), (2.5), (3), (5.5), (6), IP(7), (7)(d), and (7)(e) amended and (1)(c)(VII.5)
and (7)(f) added, (HB 17 -1204), ch. 206, p. 771, § 1, effective November 1. L. 2021: (8)(e)
amended, (SB 21 -059), ch. 136, p. 729, § 69, effective October 1. L. 2022: IP(1)(c)(II) and
(2)(a)(II) amended, (SB 22 -212), ch. 421, p. 2971, § 36, effective August 10; (1)(a)(IV),
(1)(c)(IX), (2)(a)(XIII), and (7)(c) amended, (HB 22 -1038), ch. 92, p. 439, § 18, effective
January 9, 2023. L. 2023: (5.5) amended, (SB 23-097), ch. 309, p. 1889, § 4, effective July 1. L.
2025: (7)(c), (7)(d), and (7)(e) amended, (SB 25-239), ch. 142, p. 536, § 3, effective August 6.
Editor's note: (1) This section was formerly numbered as § 19-1-119.
(2) Amendments to subsection (1)(a)(XVI) by Senate Bill 00 -133 and House Bill 00 -1119
were harmonized.
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(3) (a) Amendments to the introductory portion to subsection (1)(c) by Senate Bill 00 -133 and
House Bill 00-1119 were harmonized.
(b) Subsection (1)(c)(XI) as enacted by Senate Bill 00 -133 was renumbered as (1)(c)(X) and
harmonized with subsection (1)(c)(X) as enacted by House Bill 00-1119.
(4) Amendments to subsection (5) by House Bill 02 -1046 and Senate Bill 02 -010 were
harmonized.
(5) Subsection (7) was originally numbered as (8.5) in House Bill 08 -1264 but has been
renumbered on revision for ease of location.
(6) Amendments to subsection IP(2)(a) by SB 17 -016 and HB 17 -1204 were harmonized,
effective November 1, 2017.
Cross references: For the legislative declaration contained in the 2000 act enacting subsection
(1)(b.8), see section 1 of chapter 5, Session Laws of Colorado 2000. For the legislative
declaration contained in the 2002 act amending subsection (5), see section 1 of chapter 318,
Session Laws of Colorado 2002. For the legislative declaration in HB 22 -1038, see section 1 of
chapter 92, Session Laws of Colorado 2022.
ANNOTATION
Law reviews. For article, "Review of
New Legislation Relating to Criminal Law",
see 11 Colo. Law. 2148 (1982).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The disposition of arrest records is
subject to legislative control. Davidson v.
Dill, 180 Colo. 123, 503 P.2d 157 (1972).
The Colorado Children's Code does not
supply definition of "interested party". In
re People in Interest of C.P., 34 Colo. App.
54, 524 P.2d 316 (1974).
C.R.C.P. 24 has no application in
proceeding under the Colorado
Children's Code, as the code itself
expressly contemplates the active
participation of interested parties. People in
Interest of M.D.C.M., 34 Colo. App. 91, 522
P.2d 1234 (1974).
19-1-305. Operation of juvenile facilities.
(1) Except as otherwise authorized by section 19 -1-303 or 19-1-304 (8), all records prepared
or obtained by the department of human services in the course of carrying out its duties pursuant
to article 2.5 of this title 19 are confidential and privileged. The records may be disclosed only:
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(a) To the parents, legal guardian, legal custodian, attorney for the juvenile, district attorney,
guardian ad litem, counsel for youth, law enforcement official, and probation officer;
(b) In communications between appropriate personnel in the course of providing services or
in order to facilitate appropriate referrals for services;
(c) To the extent necessary to make application for or to make claims on behalf of the
juvenile who is eligible to receive aid, insurance, federal or state assistance, or medical
assistance;
(d) To the court as necessary for the administration of the provisions of article 2.5 of this
title;
(e) To persons authorized by court order after notice and a hearing, to the juvenile, and to the
custodian of the record; and
(f) For research or evaluation purposes pursuant to rules regarding research or evaluation
promulgated by the department of human services. Any rules so promulgated shall require that
persons receiving information for research or evaluation purposes are required to keep such
information confidential.
(g) Repealed.
(2) Nothing in this section shall be construed to limit the effect of any other provision of this
part 3 which requires the confidentiality of records under the control of the department of human
services.
Source: L. 96: Entire part added with relocations, p. 1163, § 6, effective January 1, 1997. L.
98, 2nd Ex. Sess.: (1)(e) and (1)(f) amended and (1)(g) added, p. 7, § 3, effective September 16.
L. 99: (1)(g) amended, p. 1317, § 4, effective August 4. L. 2015: IP(1) amended, (HB 15-1131),
ch. 164, p. 499, § 1, effective May 8. L. 2021: IP(1) amended, (SB 21 -059), ch. 136, p. 729, §
70, effective October 1. L. 2022: (1)(d) amended, (SB 22 -212), ch. 421, p. 2972, § 37, effective
August 10; (1)(a) amended, (HB 22 -1038), ch. 92, p. 440, § 19, effective January 9, 2023. L.
2024: (1)(e) and (1)(f) amended and (1)(g) repealed, (SB 24 -228), ch. 170, p. 899, § 7, effective
May 14.
Editor's note: This section was formerly numbered as 19-2-1104.5.
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022.
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19-1-306. Expungement of juvenile delinquent records - definition.
(1) (a) For the purposes of this section, "expungement" is defined in section 19 -1-103 (63).
Upon the entry of an expungement order, the person who is the subject of the record that has
been expunged may assert that he or she has no juvenile delinquency record. Further, the person
who is the subject of the record that has been expunged may lawfully deny that he or she has
ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case,
matter, or charge.
(b) The court, law enforcement, and all other agencies shall reply to any inquiry regarding an
expunged record that no record exists with respect to the person named in the record, unless
information may be shared with the inquiring party pursuant to subsection (3) of this section.
(c) The expungement order only applies to the named juvenile and not to any co-participant.
(2) (a) At the time of the adjudication, the court shall advise the adjudicated juvenile and any
respondent parent or guardian, in writing, of the right to expunge and the time period and process
for expunging the order. The court, on its own motion or the motion of the juvenile probation
department, the juvenile parole department, the juvenile, a respondent parent or guardian, or a
court-appointed guardian ad litem, may initiate expungement proceedings concerning the record
of any juvenile who has been under the jurisdiction of the court.
(b) If a juvenile is supervised by probation, the probation department, upon the termination
of the juvenile's supervision period, shall provide the juvenile with a written advisement of the
right to expungement and the time period and process for expunging the record.
(c) If a juvenile is supervised by parole, the department or division supervising the juvenile's
parole, upon the termination of the juvenile's parole supervision period, shall provide the juvenile
with a written advisement of the right to expungement and the time period and process for
expunging the record.
(d) If the juvenile is supervised by a diversion officer or agency other than probation, the
agency supervising the diversion program, upon the termination of the juvenile's diversion
period, shall provide the juvenile with a written advisement of the right to expungement and the
time period and process for expunging the record.
(e) If a juvenile is sentenced in municipal court, the municipal court, at sentencing, shall
provide the juvenile and any respondent parent or guardian with a written advisement of the right
to expungement and the time period and process for expunging the record. The municipal court
may provide the notice through a municipal diversion program, the city attorney, or a municipal
probation program.
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(f) If a juvenile is committed to the division of youth services and is released without a
requirement to complete further parole, the division shall provide the juvenile with a written
advisement of the right to expungement and the time period and process for expunging the
record.
(g) Expungement must be effectuated by physically sealing or conspicuously indicating on
the face of the record or at the beginning of the computerized file of the record that the record
has been designated as expunged.
(h) The prosecuting attorney shall not require as a condition of a plea agreement that the
juvenile waive his or her right to expungement under this section upon the completion of the
juvenile's sentence.
(i) Prior to the court ordering any records expunged, the court shall determine whether the
juvenile has any felony, drug felony, misdemeanor, drug misdemeanor, petty offense, or
delinquency actions pending, and, if the court determines that there is a felony, drug felony,
misdemeanor, drug misdemeanor, petty offense, or delinquency action pending against the
juvenile, the court shall stay the petition for expungement proceedings until the resolution of the
pending case.
(3) (a) After expungement, basic identification information on the juvenile and a list of any
state and local agencies and officials having contact with the juvenile, as they appear in the
records, are not open to the public but are available to a prosecuting attorney, local law
enforcement agency, the department of human services, the state judicial department, and the
victim as defined in section 24 -4.1-302 (5); except that such information is not available to an
agency of the military forces of the United States.
(b) Notwithstanding any order for expungement pursuant to this section, any record that is
ordered expunged is available to any judge and the probation department for use in any future
proceeding in which the person whose record was expunged is charged with an offense as either
a juvenile or as an adult. A new criminal or delinquency charge may not be brought against the
juvenile based upon information gained initially or solely from examination of the expunged
records.
(c) Notwithstanding an order for expungement pursuant to this section, any criminal justice
record of a juvenile who has been charged, adjudicated, or convicted of any offense shall be
available for use by the juvenile, the juvenile's attorney, a prosecuting attorney, any law
enforcement agency, or any agency of the state judicial department in any subsequent criminal
investigation or prosecution as a substantive predicate offense conviction or adjudication of
record.
(d) Notwithstanding any order for expungement issued pursuant to this section, nothing
prevents the prosecuting attorney, including the staff of a prosecuting attorney's office or a victim
or witness assistance program or a law enforcement agency or law enforcement victim assistance
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program, from discussing with the victim the case, the results of any expungement proceedings,
information regarding restitution, and information related to any victim services available to the
victim as defined in section 24-4.1-302 (5), but copies of expunged records must not be provided
to the victim. The victim may petition the court and request that a copy of the expunged records
be provided to the victim. If the court finds that there are compelling reasons for the release, a
copy of the expunged records may be released to the victim. If the court orders the release of a
copy of the expunged records to the victim, the court must issue a protective order regarding the
usage of the expunged records.
(e) Notwithstanding any order for expungement issued pursuant to this section, any
information, including police affidavits and reports and records related to any prior conviction or
adjudication, are available without court order to the persons, government agencies, or entities
allowed access to or allowed to exchange such information pursuant to section 19 -1-303 for the
purposes described therein. Any person who knowingly violates the confidentiality provisions of
section 19-1-303 is subject to the penalty in section 19-1-303 (4.7).
(f) Notwithstanding any order for expungement issued pursuant to this section, nothing in
this section precludes a county department of human or social services employee from reviewing
internal department records that are ordered expunged and are in the county department's
possession for purposes of department investigations and case management in the provision of
child welfare services.
(g) Repealed.
(4) (a) The court shall order all records in a juvenile delinquency case in the custody of the
court, and any records related to the case and charges in the custody of any other agency, person,
company, or organization, expunged within forty-two days after:
(I) A finding of not guilty at an adjudicatory trial;
(II) Dismissal of the petition in its entirety prior to any disposition or alternative to
sentencing, including diversion, a deferred adjudication, or an informal adjustment; or
(III) The completion of a sentence or alternative to sentencing, including diversion, a
deferred adjudication, or an informal adjustment, for a petty offense, drug petty offense, class 2
or class 3 misdemeanor offense, or level 1 or level 2 drug misdemeanor if the offense does not
involve unlawful sexual behavior as defined in section 16 -22-102 (9), is not an act of domestic
violence as defined in section 18 -6-800.3, or is not a crime listed under section 24 -4.1-302 (1),
and the defendant was under eighteen years of age at the time the offense was committed.
(b) (I) Upon successful completion of diversion at the prefiling level as an alternative to the
filing of a petition, the custodian of any record shall expunge the record in the custody of law
enforcement, the juvenile's school, the diversion provider, and the district attorney without the
need for a court order.
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(II) The district attorney or other diversion provider shall notify the Colorado bureau of
investigation, the law enforcement agency that had contact with the juvenile, and the juvenile's
school, if the incident occurred at school or the district attorney notified the school of the case,
that diversion is complete and the records are expunged. Any law enforcement agency or school
that receives a notice shall acknowledge receipt of the notice. The Colorado bureau of
investigation, law enforcement agency, school, diversion provider, and district attorney shall treat
the records as expunged within thirty -five days after the completion of diversion, and all
provisions of this section addressing expunged records apply to those records.
(III) If victim notification is required pursuant to part 4.1 of title 24, the district attorney shall
notify the victim prior to sending the notice pursuant to subsection (4)(b)(II) of this section, and
offer the victim an opportunity to object. If the victim objects, the district attorney shall notify
the court and the diversion provider. Upon receipt of the notice of objection from the district
attorney, the diversion provider shall complete and file a report pursuant to subsection (5)(c) of
this section, and the provisions of subsections (5)(e), (5)(e.5), (5)(f), and (5)(g) of this section
apply.
(c) The court shall, on or before November 1 of each year, review all juvenile delinquency
court files during the two previous years that resulted in a finding of not guilty; a dismissal of the
petition; a sentence for a petty offense; a sentence for a drug petty offense; a sentence for a drug
misdemeanor offense; or a sentence for a class 2 or class 3 misdemeanor offense if the offense
does not involve unlawful sexual behavior as defined in section 16 -22-102 (9), is not an act of
domestic violence as defined in section 18 -6-800.3, or is not a crime listed under section 24 -4.1-
302 (1), and the defendant was under eighteen years of age at the time the offense was
committed. The court shall enter an expungement order for all juveniles eligible for
expungement pursuant to this subsection (4), if the expungement order was not previously made.
(5) (a) At the time that the court orders the following sentences or alternatives to sentencing,
the court shall make a finding that the juvenile is eligible for expungement pursuant to this
subsection (5) and include that finding on the written mittimus or other sentencing document:
(I) A juvenile diversion program, a deferred adjudication, or an informal adjustment, except
for those described in subsection (4)(a)(III) of this section;
(II) A juvenile sentence for an adjudication for a class 1 misdemeanor or a petty or a
misdemeanor offense that is not eligible for expungement pursuant to subsection (4) of this
section; or
(III) Repealed.
(IV) A juvenile sentence for an adjudication for a felony offense or felony drug offense if:
(A) The felony offense did not constitute unlawful sexual behavior as defined in section 16 -
22-102 (9);
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(B) The felony offense was not a crime of violence as described in section 18-1.3-406;
(C) The felony offense was not a class 1 or class 2 felony; and
(D) The juvenile had no prior felony adjudications.
(b) Repealed.
(c) (I) If the court makes a finding that a juvenile is eligible for expungement pursuant to
subsection (5)(a) of this section, the agency supervising the juvenile shall, at the conclusion of
the agency's supervision, prepare a report and summary of supervision outlining the performance
of the juvenile while under supervision. The supervising agency shall provide the report to the
court and provide a copy of the report to the prosecuting attorney, the juvenile, and the juvenile's
attorney of record no earlier than thirty-five days prior to the end of supervision and no later than
fourteen days after the conclusion of supervision. If there is no supervising agency, the court
shall send a notice that the unsupervised sentence is complete to the district attorney when the
sentence is complete.
(II) Upon receipt of the report or notice pursuant to this subsection (5)(c), the prosecuting
attorney shall contact the victim regarding expungement if notification is required pursuant to
part 4.1 of title 24.
(d) If neither the prosecuting attorney nor a victim files an objection within thirty -five days
after the filing of the report or notice pursuant to subsection (5)(c) of this section, the court shall
order all records in the juvenile delinquency case in the custody of the court, and any records
related to the case and charges in the custody of any other agency, person, company, or
organization, expunged.
(e) If the prosecuting attorney or a victim files an objection within thirty -five days after the
filing of the report or notice pursuant to subsection (5)(c) of this section, the court shall schedule
a hearing on the issue of expungement. The court shall notify all objecting parties of the hearing
date. The hearing must be set at least thirty -five days after the date the court sends notice of the
hearing.
(e.5) If the offense for which the records are eligible for expungement requires the juvenile
to register pursuant to section 16-22-103 and the court has not already issued a notice pursuant to
section 16-22-113 (1.3)(b), upon receipt of the report from the supervising agency pursuant to
subsection (5)(c) of this section, the court shall issue a notice pursuant to section 16 -22-113
(1.3)(b) and this subsection (5)(e.5), and the victim and prosecution have sixty -three days from
the issuance of that notice to file an objection to expungement or the discontinuation of
registration. All other requirements of subsections (5)(d), (5)(e), (5)(f), and (5)(g) of this section
apply to the expungement. The provisions of section 16 -22-113 (1.3) apply to the issue of
discontinuing registration. The court shall consider both issues at the same hearing. If the court
has not already ordered that the juvenile may discontinue registration pursuant to section 16 -22-
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113, the court shall enter an order granting expungement and discontinuing the registration
requirement, denying expungement and discontinuing the registration requirement, or denying
expungement and continuing the registration requirement.
(f) If a hearing is scheduled pursuant to subsection (5)(e) of this section, the court shall send
notice to the last -known address of the juvenile notifying the juvenile of the date of the hearing
and of the juvenile's right to appear at the hearing and to present evidence to the court in writing
prior to the hearing and in person at the hearing. The notice must indicate that, at the hearing, the
court will consider whether the juvenile has been rehabilitated and whether expungement is in
the best interest of the juvenile and the community. The juvenile is not required to appear at the
hearing.
(g) At a hearing held pursuant to this subsection (5), the court shall order all records of the
case in the custody of the court, and any records related to the case or charges in the custody of
any other agency, person, company, or organization, expunged if the court makes written
findings that:
(I) The rehabilitation of the juvenile has been attained to the satisfaction of the court; and
(II) The expungement is in the best interest of the juvenile and the community.
(h) The court shall, starting on November 1, 2019, and each November 1 thereafter, review
all juvenile delinquency court files during the two previous years that resulted in participation in
diversion, a deferred adjudication, or an informal adjustment; a sentence for a class 1
misdemeanor offense, any drug felony offense, or a misdemeanor offense involving domestic
violence as defined in section 18 -6-800.3; or a felony offense that did not constitute unlawful
sexual behavior as defined in section 16 -22-102 (9), was not a crime of violence as described in
section 18 -1.3-406, and was not a class 1 or class 2 felony. The court shall send the notice
required for all records eligible for a notice pursuant to this subsection (5) if the notice was not
previously sent and an expungement order was not previously made. After the notice is sent, the
provisions of subsections (5)(b) to (5)(g) of this section apply.
(i) With the victim's consent, or if there is no named victim, the prosecuting attorney may
agree at the time of a plea that there will be no objection to expungement upon the completion of
the juvenile's sentence. In such a case, the court shall order all records of the case in the custody
of the court, and any records related to the case or charges in the custody of any other agency,
person, company, or organization, expunged upon completion of the juvenile's sentence. A
hearing is not required.
(j) A juvenile who was adjudicated as a mandatory sentence offender pursuant to section 19 -
2.5-1125 (1) or as a repeat juvenile offender pursuant to section 19 -2.5-1125 (2) is not eligible
for expungement pursuant to this subsection (5) but may petition for expungement pursuant to
subsection (6)(e) of this section.
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(6) (a) A person may petition the juvenile court to expunge records in a closed case pursuant
to subsection (4) of this section if the records are otherwise eligible for expungement, have not
been expunged by the court, and a proceeding concerning a felony, misdemeanor, or delinquency
action is not pending against the petitioner. A filing fee, notarization, or other formalities are not
required. If the court determines the records are eligible for expungement pursuant to the
requirements of subsection (4) of this section, the court shall grant the petition to expunge
without a hearing and shall issue an order pursuant to subsection (4) of this section.
(b) A person may petition the juvenile court to expunge records in a closed case pursuant to
subsection (5) of this section if the records are otherwise eligible for expungement, have not been
expunged by the court, and a proceeding concerning a felony, misdemeanor, or delinquency
action is not pending against the petitioner. A filing fee, notarization, or other formalities are not
required. If the records are eligible for expungement pursuant to subsection (5) of this section,
the court shall request a report from the agency supervising the juvenile or issue a notice
pursuant to subsection (5)(c) of this section, and the provisions of subsection (5) of this section
apply.
(c) A person may petition the juvenile court to expunge records related to a law enforcement
contact that did not result in referral to another agency after one year has passed since the law
enforcement contact and a proceeding concerning a felony, misdemeanor, or delinquency action
is not pending against the petitioner. A filing fee, notarization, or other formalities are not
required. If the records are eligible for expungement pursuant to subsection (5) of this section,
the court shall issue a notice to the district attorney that the records will be expunged if no
objection is received, and the provisions of subsection (5) of this section apply.
(d) A person may petition the juvenile court to expunge records in a closed case pursuant to
subsection (5) of this section if the person was previously denied an expungement order for those
same records pursuant to subsection (5) of this section and at least twelve months have passed
since the date of the original denial order, the petitioner provides new information not previously
considered by the prior reviewing court, and a proceeding concerning a felony, misdemeanor, or
delinquency action is not pending against the petitioner. The court shall schedule a hearing and
notify the prosecuting attorney of the hearing date. The court shall set the hearing at least thirty -
five days after the court sends the notice of the hearing. All other provisions of subsection (5) of
this section apply.
(e) A juvenile who does not qualify for expungement pursuant to subsection (4) or (5) of this
section, including a mandatory sentence offender pursuant to section 19 -2.5-1125 (1) or a repeat
offender pursuant to section 19 -2.5-1125 (2), and is not otherwise ineligible for expungement
pursuant to subsection (8) of this section and does not have a proceeding concerning a felony,
misdemeanor, or delinquency action pending against himself or herself, may petition the court to
request expungement of the juven ile's record thirty -six months after the date of the petitioner's
unconditional release from the juvenile sentence. A filing fee, notarization, or other formalities
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are not required. The court shall schedule a hearing, and subsections (5)(e), (5)(e.5), (5)(f), and
(5)(g) of this section apply.
(7) Unless otherwise stated in the applicable section, a person may file a petition with the
court for expungement of his or her record pursuant to subsections (4), (5), and (6) of this section
only once during a twelve-month period.
(8) Notwithstanding subsections (4), (5), and (6) of this section, a court shall not expunge the
record of a person who is:
(a) Adjudicated as an aggravated juvenile offender pursuant to section 19 -2.5-1125 (4) or as
a violent juvenile offender pursuant to section 19-2.5-1125 (3);
(b) Adjudicated of homicide and related offenses pursuant to part 1 of article 3 of title 18;
(c) Adjudicated for a felony offense involving unlawful sexual behavior as described in
section 16-22-102 (9); or
(d) Charged, adjudicated, or convicted of any offense or infraction pursuant to title 42.
(9) Municipal court records.
(a) Municipal court records are expunged pursuant to section 13-10-115.5.
(b) If municipal court records have not been expunged within seventy days from the end of
the case pursuant to section 13 -10-115.5, an individual may petition the juvenile court in the
judicial district where the municipality is located to expunge records of a municipal case brought
against a juvenile. Expungement proceedings pursuant to this subsection (9) must be initiated by
the filing of a petition requesting an order of expungement. A filing fee, notarization, or other
formalities are not required. If the petition is not granted without a hearing, the court shall set a
date for a hearing on the petition for expungement and shall notify the appropriate prosecuting
attorney.
(10) Upon the entry of an order expunging a record pursuant to this section, the court shall
order, in writing, the expungement of all case records in the custody of the court and any records
related to the case and charges in the custody of any other agency, person, company, or
organization. The court may order expunged any records, but, at a minimum, the following
records must be expunged pursuant to every expungement order:
(a) All court records;
(b) All records retained within the office of the prosecuting attorney;
(c) All probation and parole records;
(d) All law enforcement records;
(e) All department of human services records;
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(f) All division of youth services records;
(g) All department of corrections records; and
(h) References to the criminal case or charge contained in the school records.
(11) (a) When an expungement order is issued pursuant to this section, the court shall send a
copy of the order to the juvenile, the juvenile's last attorney of record, the prosecuting attorney,
any law enforcement agency that investigated the case, the state court administrator's office, and
the Colorado bureau of investigation directing the entity to expunge its records within thirty -five
days after the receipt of the order.
(b) The court shall send a copy of an expungement order to each of the following, directing
the entity to expunge the records in its custody as soon as practicable but no later than ninety
days after the receipt of the order:
(I) The probation office if the juvenile was placed on probation at any point during the case;
(II) The division of youth services if the juvenile was detained in a facility operated by the
division, committed to the custody of the division, or screened through the Colorado youth
detention continuum at any point during the case;
(III) Any county department of human or social services through which the juvenile received
services at any point during the juvenile's case; and
(IV) Any other agency, person, company, or organization named in the order if the court is
aware that the entity has records related to the case in its possession.
(c) Each entity described in this subsection (11) shall expunge the records in its custody as
directed by the order.
(d) The person who is the subject of records expunged pursuant to this section may petition
the court to permit inspection of the records held by persons named in the order, and the court
may so order.
(12) Any agency, person, company, or organization that violates this section and knew that
the records in question were subject to an expungement order may be subject to criminal and
civil contempt of court and may be punished by a fine.
(13) Employers; educational institutions; landlords; and state and local government agencies,
officials, and employees shall not, in any application or interview or in any other way, require an
applicant to disclose any information contained in expunged records. In answer to any question
concerning arrest or juvenile and criminal records information that has been expunged, an
applicant need not include a reference to or information concerning the expunged information
and may state that no record exists. An application may not be denied solely because of the
applicant's refusal to disclose records or information that has been expunged.
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(14) Nothing in this section authorizes the physical destruction of any juvenile or criminal
justice record.
Source: L. 96: Entire part added with relocations, p. 1163, § 6, effective January 1, 1997; (9)
added, p. 1588, § 18, effective January 1, 1997. L. 98: (7)(d) added and (9) repealed, p. 399, §§
4, 5, effective April 21. L. 2002: (7)(d) amended, p. 1187, § 24, effective July 1; (7)(b) amended,
p. 1523, § 223, effective October 1. L. 2009: (7)(c) amended, (HB 09 -1044), ch. 19, p. 96, § 1,
effective September 1. L. 2012: (5)(d) and (6)(a.5) added, (HB 12 -1151), ch. 174, p. 623, § 6,
effective August 8. L. 2013: (2)(a), (3), (5)(c)(I), (6), and (7) amended and (5)(a.5) and (10)
added, (HB 13-1082), ch. 238, p. 1155, § 1, effective August 7. L. 2014: (5)(d)(I) amended, (HB
14-1273), ch. 282, p. 1157, § 21, effective July 1. L. 2016: (5)(c)(II.5) added and (7)(e) repealed,
(SB 16 -065), ch. 277, p. 1143, § 3, effective July 1. L. 2017: Entire section R&RE, (HB 17 -
1204), ch. 206, p. 775, § 2, effective November 1. L. 2019: (1)(c) and (5)(e.5) added, (4)(a)(II),
(4)(a)(III), (4)(b), IP(5)(a), (5)(a)(I), (5)(a)(II), (5)(c), (5)(d), (5)(e), (6)(b), (6)(c), (6)(e), (10)(e),
and (11) amended, (5)(a)(III) and (5)(b) repealed, and (9) R&RE, (HB 19 -1335), ch. 304, p.
2780, § 1, effective May 28. L. 2020: (11)(b)(III) amended, (HB 20 -1402), ch. 216, p. 1048, §
36, effective June 30. L. 2021: (5)(j), (6)(e), IP(8), and (8)(a) amended, (SB 21 -059), ch. 136, p.
729, § 71, effective October 1. L. 2022: (3)(g) added, (HB 22 -1131), ch. 380, p. 2704, § 3,
effective June 7. L. 2026: (1)(a) amended, (SB 26-169), ch. 311, p. 1800, § 14, effective August
12.
Editor's note: (1) This section was formerly numbered as 19-2-902. The said section 19-2-902
was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it
existed in 1987, are similar to those contained in 19 -1-111 as said section existed in 1986, the
year prior to the repeal and reenactment of this title.
(2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective July 1, 2023.
(See L. 2022, p. 2704.)
Cross references: For the legislative declaration contained in the 2002 act amending
subsection (7)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the
legislative declaration in HB 22 -1131, see section 1 of chapter 380, Session Laws of Colorado
2022.
ANNOTATION
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Law reviews. For article, "Review of
New Legislation Relating to Criminal Law",
see 11 Colo. Law. 2148 (1982).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The disposition of arrest records is
subject to legislative control. Davidson v.
Dill, 180 Colo. 123, 503 P.2d 157 (1972).
The general assembly did not intend
that the limitation on expungement set
forth in subsection (7)(d) apply to a
person who has successfully completed a
deferred adjudication. C.B. v. People, 122
P.3d 1065 (Colo. App. 2005).
The Colorado Children's Code does not
supply definition of "interested party". In
re People in Interest of C.P., 34 Colo. App.
54, 524 P.2d 316 (1974).
C.R.C.P. 24 has no application in
proceeding under the Colorado
Children's Code, as the code itself
expressly contemplates the active
participation of interested parties. People in
Interest of M.D.C.M., 34 Colo. App. 91, 522
P.2d 1234 (1974).
Since § 24 -72-308 concerns the sealing
of criminal records and juvenile
delinquency proceedings are noncriminal
in nature, the trial court should have
proceeded under the expungement
provisions set forth in this section when
considering a petition to seal arrest and
criminal records relating to a juvenile
delinquency case. C.B. v. People, 122 P.3d
1065 (Colo. App. 2005).
19-1-307. Dependency and neglect records and information - access - fee - records and
reports fund - misuse of information - penalty - adult protective services data system check
- rules - repeal.
(1) (a) Identifying information - confidential.
(I) Except as otherwise provided in this section and section 19 -1-303, reports or records of
child abuse or neglect, and any identifying information contained in the reports or records of
child abuse or neglect, must not be shared with the public.
(II) For purposes of this subsection (1)(a), the name, address, and any other information that
may reveal the identity of a child, family, or informant is considered identifying information. A
person in possession of a report or record of child abuse or neglect shall not release identifying
information contained in the report or record of child abuse or neglect to a person not permitted
to access the information pursuant to this section or by section 19 -1-303 unless otherwise
authorized by the law of this state. A county department is not liable for the redisclosure made by
a person following the county department's lawful release of a report or record of child abuse or
neglect.
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(b) Good cause exception. Disclosure of the name and address of the child and family and
other identifying information involved in such reports shall be permitted only when authorized
by a court for good cause. Such disclosure shall not be prohibited when there is a death of a
suspected victim of child abuse or neglect and the death becomes a matter of public record or the
alleged juvenile offender is or was a victim of abuse or neglect or the suspected or alleged
perpetrator becomes the subject of an arrest by a law enforcement agency or the subject of the
filing of a formal charge by a law enforcement agency.
(c) Any person who violates any provision of this subsection (1) commits a civil infraction.
(2) Records and reports - access to certain persons - agencies - definition. Except as set
forth in section 19-1-303, the following persons or agencies have access to child abuse or neglect
records or reports:
(a) The law enforcement agency, district attorney, coroner, or county or district department
of human or social services investigating a report of a known or suspected incident of child abuse
or neglect or treating a child or family that is the subject of the report;
(b) A physician who has before him or her a child whom the physician reasonably suspects to
be abused or neglected;
(c) An agency having the legal responsibility or authorization to care for, treat, or supervise a
child who is the subject of a report or record or a parent, guardian, legal custodian, or other
person who is responsible for the child's health or welfare, including, in the case of an
anatomical gift, a coroner and a procurement organization, as those terms are defined in section
15-19-202;
(d) (I) A person named in the report or record who was alleged as an abused or neglected
child;
(II) If the child named in the report or record is otherwise incompetent at the time of the
request, the child's guardian ad litem or counsel for youth; and
(III) The assigned designee of a person named in the report or record who is acting on the
person's behalf as a result of a valid release of information, signed by an authorized person, with
protection for the identity of the person named in the reports or records.
(e) A parent, guardian, legal custodian, or other person responsible for the health or welfare
of a child named in a report or record, or the assigned designee of the person acting by and
through a valid release of information signed by an authorized person, with protection for the
identity of reporters and other appropriate persons;
(e.5) (I) A mandatory reporter specified in this subsection (2)(e.5)(I) who is and continues to
be officially and professionally involved in the ongoing care of the child who was the subject of
the report, but only with regard to information that the mandatory reporter has a need to know in
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order to fulfill the mandatory reporter's professional and official role in maintaining the child's
safety. A county department shall request written affirmation from a mandatory reporter stating
that the reporter continues to be officially and professionally involved in the ongoing care of the
child who was the subject of the report and describing the nature of the involvement, unless the
county department has actual knowledge that the mandatory reporter continues to be officially
and professionally involved in the ongoing care of the child who was the subject of the report.
This subsection (2)(e.5)(I) applies to:
(A) Hospital personnel engaged in the admission, care, or treatment of children;
(B) Mental health professionals;
(C) Physicians or surgeons, including physicians in training;
(D) Registered nurses or licensed practical nurses;
(E) Dentists;
(F) Psychologists;
(G) Unlicensed psychotherapists;
(H) Licensed professional counselors;
(I) Licensed marriage and family therapists;
(J) Public or private school officials or employees;
(K) Social workers or workers with any facility or agency that is licensed or certified
pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5;
(L) Victim's advocates, as defined in section 13-90-107 (1)(k)(II), C.R.S.;
(M) Clergy members, as defined in section 19-3-304 (2)(aa)(III);
(N) Educators providing services through a federal special supplemental nutrition program
for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;
(O) A person who is registered as a psychologist candidate pursuant to section 12 -245-304
(3), marriage and family therapist candidate pursuant to section 12 -245-504 (4), or licensed
professional counselor candidate pursuant to section 12 -245-604 (4), or who is described in
section 12-245-217; and
(P) Officials or employees of a county department of health or a county department of
human or social services.
(II) Within sixty calendar days after receipt of a report of suspected child abuse or neglect
from a mandatory reporter specified in subsection (2)(e.5)(I) of this section, a county department
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shall provide the following information to the mandatory reporter for the purpose of assisting the
mandatory reporter in his or her professional and official role in maintaining the child's safety:
(A) The name of the child and the date of the report;
(B) Whether the referral was accepted for assessment;
(C) Whether the referral was closed without services;
(D) Whether the assessment resulted in services related to the safety of the child;
(E) The name of and contact information for the county caseworker responsible for
investigating the referral; and
(F) Notice that the reporting mandatory reporter may request updated information identified
in sub-subparagraphs (A) to (E) of this subparagraph (II) within ninety calendar days after the
county department received the report and information concerning the procedure for obtaining
updated information.
(III) Information disclosed to a mandatory reporter pursuant to this paragraph (e.5) is
confidential and shall not be disclosed by the mandatory reporter to any other person except as
provided by law.
(IV) Unless requested by a county department, a mandatory reporter shall not have the
authority to participate in any decision made by the county department concerning a report of
abuse or neglect.
(V) In accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S.,
the state department shall promulgate any rules necessary for the implementation of this
paragraph (e.5).
(f) A court, upon its finding that access to such records may be necessary for determination
of an issue before such court, but such access shall be limited to in camera inspection unless the
court determines that public disclosure of the information contained therein is necessary for the
resolution of an issue then pending before it;
(g) (Deleted by amendment, L. 2003, p. 1401, § 8, effective January 1, 2004.)
(h) All members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);
(i) Such other persons as a court may determine, for good cause;
(j) The state department of human services or department of early childhood or a county or
district department of human or social services or a child placement agency investigating an
applicant for a license to operate a child care facility or agency pursuant to section 26 -6-912 or
26.5-5-316, when the applicant, as a requirement of the license application, has given written
authorization to the licensing authority to obtain information contained in records or reports of
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child abuse or neglect. Access to the records and reports of child abuse or neglect granted to the
named department or agencies must serve only as the basis for further investigation.
(j.5) The state department of human services, department of early childhood, or a county or
district department of human or social services investigating an exempt family child care home
provider pursuant to section 26.5 -5-326, as a prerequisite to issuance or renewal of a contract or
any payment agreement to receive money for the care of a child from publicly funded state child
care assistance programs. Access to the records and reports of child abuse or neglect granted to
the named department or agencies must serve only as the basis for further investigation.
(j.7) The department of early childhood, when requested in writing by any operator of a
facility that is investigating an applicant for an employee or volunteer position with, or an
employee or volunteer of, a licensed neighborhood youth organization pursuant to section 26.5 -
5-308, when the applicant, employee, or volunteer has given written authorization to the
department of early childhood to check records or reports of child abuse or neglect. Any operator
who requests information concerning an individual who is not a current employee or an applicant
for employment commits a class 2 misdemeanor and shall be punished pursuant to section 18 -
1.3-501. Within twenty days after the operator's request, the department of early childhood shall
provide the date of the report of the incident, the location of investigation, the type of abuse and
neglect, and the county that investigated the incident contained in the confirmed reports of child
abuse or neglect.
(j.8) The state department of human services or department of early childhood investigating
any person required to submit to a background check pursuant to section 26 -6-705 (2), when the
person has given written authorization to the state department of human services or department
of early childhood to check records or reports of child abuse or neglect;
(k) The state department of human services or department of early childhood, when
requested in writing by any operator of a facility or agency that is licensed by the state
department of human services pursuant to section 26 -6-912 or department of early childhood
pursuant to section 26.5 -5-316, to check records or reports of child abuse or neglect for the
purpose of screening an applicant for employment or a current employee. Any operator who
requests information concerning an individual who is not a current employee or an applicant for
employment commits a class 2 misdemeanor and shall be punished as provided in section 18 -
1.3-501. Within twenty days after the operator's request, the state department of human services
or department of early childhood shall provide the date of the report of the incident, the location
of investigation, the type of abuse and neglect, and the county that investigated the incident
contained in the confirmed reports of child abuse and neglect. Any operator who releases any
information obtained pursuant to this subsection (2)(k) to any other person commits a class 2
misdemeanor and shall be punished pursuant to section 18-1.3-501.
(k.5) The state department of human services or department of early childhood, when
requested in writing by a qualified county department, individual, or child placement agency
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approved to conduct home study investigations and reports pursuant to section 19 -5-207.5
(2)(b)(I) for purposes of screening a prospective adoptive parent or any adult residing in the
home pursuant to section 19 -5-207 (2.5)(c), or investigating a prospective foster care parent,
kinship care parent, or an adult residing in the home pursuant to section 26 -6-912 (1)(c). Within
twenty days after the request, the state department of human services or department of early
childhood shall provide the date of the report of the incident, the location of investigation, the
type of abuse and neglect, and the county that investigated the incident contained in the
confirmed reports of child abuse or neglect. The county department, individual, or child
placement agency is subject to the fee assessment established in subsection (2.5) of this section.
With respect to screening a prospective adoptive parent, any employee of the county department
or the child placement agency or any individual who releases any information obtained pursuant
to this subsection (2)(k.5) to any person other than the adoption court commits a class 2
misdemeanor and shall be punished pursuant to section 18-1.3-501.
(l) The state department of human services or department of early childhood, when requested
in writing by the department of education to check records or reports of child abuse or neglect
for the purpose of aiding the department of education in its investigation of an allegation of
abuse by an employee of a school district in this state. Within twenty days after the department of
education's request, the state department of human services or department of early childhood
shall provide the date of the report of the incident, the location of investigation, the type of abuse
or neglect, and the county that investigated the incident contained in the confirmed reports of
child abuse or neglect. The department of education is subject to the fee assessment established
in subsection (2.5) of this section. Any employee of the department of education who releases
any information obtained under this subsection (2)(l) to any person not authorized to receive the
information pursuant to section 22-32-109.7 or any member of the board of education of a school
district who releases the information obtained pursuant to section 22 -32-109.7 commits a class 2
misdemeanor and shall be punished pursuant to section 18-1.3-501.
(m) The department of early childhood, state department of human services, and county
departments of human or social services, for the following purposes:
(I) Screening any person who seeks employment with, is currently employed by, or
volunteers for service with the department of early childhood, state department of human
services, department of health care policy and financing, or a county department of human or
social services, if the person's responsibilities include direct contact with children;
(II) Conducting evaluations pursuant to section 14-10-127, C.R.S.;
(III) Screening any person who will be responsible to provide child care pursuant to a
contract with a county department for placements out of the home or private child care;
(IV) Screening prospective adoptive parents;
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(n) Private adoption agencies, including private adoption agencies located in other states, for
the purpose of screening prospective adoptive parents;
(o) A person, agency, or organization engaged in a bona fide research or evaluation project,
but without information identifying individuals named in a report, unless having said identifying
information open for review is essential to the research and evaluation, in which case the
executive director of the state department of human services shall give prior written approval and
the child through a legal representative shall give permission to release the identifying
information;
(o.5) An auditor conducting a financial or performance audit of a county department of
human or social services pursuant to section 26-1-114.5, C.R.S.;
(p) A governing body as defined in section 19-1-103;
(q) (Deleted by amendment, L. 2003, p. 1401, § 8, effective January 1, 2004.)
(r) The department of early childhood, when requested in writing by any operator of a guest
child care facility or public service short-term child care facility that is investigating an applicant
for a supervisory employee position or an employee of a guest child care facility or a public
services short -term child care facility pursuant to section 26.5 -5-307, when the applicant or
employee, as a requirement of application for employment, has given written authorization to the
department of early childhood to check records or reports of child abuse or neglect. Any operator
who requests information concerning an individual who is not a current employee or an applicant
for employment commits a class 2 misdemeanor and shall be punished pursuant to section 18 -
1.3-501. Within twenty days after the operator's request, the department of early childhood shall
provide the date of the report of the incident, the location of investigation, the type of abuse and
neglect, and the county that investigated the incident contained in the confirmed reports of child
abuse and neglect.
(s) The state department of human services or the department of early childhood
investigating a prospective CASA volunteer for the CASA program when the prospective CASA
volunteer has given written authorization to the CASA program to check any records or reports
of child abuse or neglect pursuant to section 19-1-205 (3)(a.5);
(t) State, county, and local government agencies of other states and child placement agencies
located in other states, for the purpose of screening prospective foster or adoptive parents or any
adult residing in the home of the prospective foster or adoptive parents;
(u) The child protection ombudsman program created in section 19 -3.3-102, when
conducting an investigation pursuant to article 3.3 of this title;
(v) A licensed child placement agency, for the purpose of screening prospective foster
parents, any adult residing in the home of the prospective foster parent, and specialized group
facilities, pursuant to the following conditions:
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(I) Access is limited to information concerning a current or prospective foster parent, an
adult residing in the home of the current or prospective foster parent, or a specialized group
facility and includes only the following information:
(A) Whether a report of child abuse or neglect has been made regarding the person;
(B) The general nature of the alleged incident of child abuse or neglect, including the
category of the allegation, and the name and relationship of the perpetrator and victim;
(C) Whether the report of child abuse or neglect was screened for assessment;
(D) The outcome of the investigation including the investigator's summary of the reason or
reasons for his or her finding or conclusions; and
(E) Child care and child welfare licensing history;
(II) (A) Access is limited to one person at each child placement agency, as designated by the
agency and reported to the state department of human services.
(B) The state department of human services shall monitor a child placement agency's access
to the records and reports of child abuse or neglect to ensure that the child placement agency is
accessing the records and reports of child abuse or neglect in accordance with this paragraph (v).
(C) An unaccepted referral or an unfounded or inconclusive assessment pursuant to
subparagraph (I) of this paragraph (v) does not necessarily require that a current or prospective
foster parent be denied placement pursuant to this article.
(w) The designated authorities at the military base of assignment or installation for a member
of the armed forces or a spouse, or a significant other or family member residing in the home of
the member of the armed forces who is the individual responsible for the abused or neglected
child. The authorities may be designated in a memorandum of understanding as described and
authorized in section 19-1-303 (2.6).
(x) A county department that assesses or provides protective services for at -risk adults,
pursuant to article 3.1 of title 26, when the information is necessary for the county department to
adequately assess for safety and risk or to provide protective services for an at -risk adult. The
information disclosed pursuant to this subsection (2)(x) is limited to information regarding prior
or current referrals, assessments, investigations, or case information related to a child or an
alleged perpetrator. A county department that assesses or provides protective services for
children is permitted to access information from a county department that assesses or provides
protective services for at -risk adults pursuant to section 26 -3.1-102 (7)(b)(VIII). The provisions
of this subsection (2)(x) are in addition to and not in lieu of other federal and state laws
concerning protected or confidential information.
(y) The state department of human services, department of early childhood, or a requesting
individual, or the individual's designee, after proof of identification, when requested in writing to
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check records or reports of child abuse or neglect of the requesting individual for the purpose of
screening the requesting individual when the requesting individual's responsibilities include care
of children, treatment of children, supervision of children, or unsupervised contact with children.
(2.1) As used in subsection (2) of this section, "authorized person" means a person who is an
alleged abused or neglected child if the person is currently eighteen years old or older or is an
emancipated minor, or the parent or legal guardian of a person who is an abused or neglected
child if the person is under eighteen years old.
(2.2) (a) A person who is named in a report or record as an alleged abused or neglected child
and is in possession of a record or report, or the attorney or guardian ad litem of the person when
that person was a child, with the person's consent, may disclose and make use of the record,
including to disclose and make use of the record or report in litigation or to obtain treatment or
services. The county departments are not responsible or liable for any disclosure of the report or
record made pursuant to this subsection (2.2).
(b) The county departments shall establish, and submit to the state department upon
completion, a process that clients and former clients may use to obtain access to their case
records. If a county department updates its process, it shall submit the updated process to the
state department.
(2.3) The following agencies or appointed attorneys must be granted statewide read -only
access to the name index and register of actions for the judiciary department:
(a) Criminal justice agencies as described in section 24-72-302 (3), C.R.S.;
(b) County departments, as defined in section 19 -1-103, and attorneys who represent the
county departments as county attorneys, as defined in section 19 -1-103, as it relates to the
attorneys' work representing the county;
(c) Professionals under contract with the office of the child's representative, created in
section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad
litem or counsel for youth, as it relates to a case in which the attorney is appointed; and
(d) A professional under contract with the office of the respondent parents' counsel, created
in section 13 -92-103, or authorized by the office of the respondent parents' counsel to act as a
respondent parent's counsel, as it relates to a case in which the attorney is appointed.
(2.5) Fee - records and reports fund - rules.
(a) Any person or agency provided information from the state department of human services
or department of early childhood pursuant to subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y)
of this section and any child placement agency must be assessed a fee that is established and
collected by the state department of human services or established and collected by the
department of early childhood pursuant to parameters set forth in rule established by the state
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board of human services or the department of early childhood pursuant to parameters set forth in
rule established by the executive director of the department of early childhood, whichever is
applicable. At a minimum, the rules must include a provision requiring the state department of
human services or department of early childhood, as applicable, to provide notice of the fee to
interested persons and the maximum fee amount that the department shall not exceed without the
express approval of the state board of human services or executive director of the department of
early childhood, as applicable. The fee established must not exceed the direct and indirect costs
of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section.
(b) All fees collected in accordance with subsection (2.5)(a) of this section must be
transmitted to the state treasurer who shall credit the same to the records and reports fund, which
fund is hereby created. The fund also consists of fees credited to the fund pursuant to section 26 -
3.1-111. The money in the records and reports fund is subject to annual appropriation by the
general assembly for the direct and indirect costs of administering subsections (2)(i), (2)(k) to
(2)(o), (2)(t), and (2)(y) of this section and for the direct and indirect costs described in section
26-3.1-111.
(c) (I) On June 30, 2026, the state treasurer shall transfer seven hundred fifty thousand
dollars from the records and reports fund to the general fund.
(II) This subsection (2.5)(c) is repealed, effective July 1, 2027.
(3) and (4) Repealed.
(5) Unless this section explicitly grants access to child abuse or neglect reports or records,
access to reports or records by a defendant in a criminal case must only occur after an in camera
review by the criminal court in which the court finds that access to the reports or records is
necessary for the resolution of an issue. Subject to constitutional limitations, when a court allows
a criminal defendant access to the reports or records, the court may enter a protection order that
the court finds is appropriate.
Source: L. 96: Entire part added with relocations, p. 1166, § 6, effective January 1, 1997;
(2)(q) added and (2.5) amended, pp. 1587, 1588, §§ 16, 17, effective January 1, 1997. L. 98:
IP(2) and (2)(p) amended, p. 821, § 25, effective August 5; (2)(m)(II) amended, p. 1408, § 67,
effective February 1, 1999. L. 99: (2)(k.5) added, p. 1025, § 10, effective May 29. L. 2002:
(2)(e) amended, p. 1809, § 2, effective July 1; (2)(r) added, p. 411, § 3, effective July 1; (2)(k)
amended, p. 1523, § 224, effective Octo ber 1. L. 2003: (2), (2.5), and (3) amended and (4)
added, p. 1401, § 8, effective January 1, 2004. L. 2006: (2)(j.5) added, p. 1084, § 5, effective
May 25. L. 2007: (2)(j.5) amended, p. 318, § 3, effective April 2; (2)(r) amended, p. 866, § 3,
effective May 14; (2)(k.5), (2)(n), and (2.5) amended and (2)(t) added, p. 1015, § 1, effective
May 22; (2)(c) amended, p. 798, § 7, effective July 1. L. 2008: (2.3) added, p. 1243, § 6,
effective August 5; (2.5) amended, p. 1892, § 62, effective August 5. L. 2010: (2)(j.7) added,
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(HB 10-1044), ch. 85, p. 288, § 3, effective April 14; (2)(u) added, (SB 10 -171), ch. 225, p. 982,
§ 3, effective May 14; (2)(e.5) added, (SB 10 -152), ch. 224, p. 971, § 1, effective September 1.
L. 2011: IP(2)(e.5)(I) and (2)(e.5)(I)(G) amended, (SB 11 -187), ch. 285, p. 1327, § 70, effective
July 1; (2)(j.7) amended, (HB 11 -1145), ch. 163, p. 563, § 5, effective August 10; IP(2)(e.5)(I),
(2)(e.5)(I)(L), and (2)(e.5)(I)(M) amended and (2)(e.5)(I)(N) added, (SB 11 -034), ch. 125, p.
390, § 2, effective January 1, 2012. L. 2013: (2)(e.5)(I)(M) and (2)(e.5)(I)(N) amended and
(2)(e.5)(I)(O) added, (HB 13 -1104), ch. 77, p. 248, § 5, effective August 7. L. 2015: (2)(k.5)
amended, (SB 15 -087), ch. 263, p. 1019, § 13, effective June 2; (2)(o) amended and (2)(o.5)
added, (HB 15 -1370), ch. 324, p. 1326, § 3, effective June 5; (2)(v) added, (HB 15 -1248), ch.
306, p. 1253, § 1, effective July 1; (2.5) amended, (SB 15 -264), ch. 259, p. 952, § 42, effective
August 5. L. 2017: (2.5) amended, (HB 17-1284), ch. 272, p. 1503, § 7, effective May 31; IP(2)
amended and (2)(w) added, (SB 17 -028), ch. 332, p. 1784, § 3, effective August 9; (2)(c)
amended, (SB 17-223), ch. 158, p. 563, § 16, effective August 9; (2)(h) amended, (SB 17 -016),
ch. 107, p. 392, § 4, effective August 9; IP(2)(e.5)(I), (2)(e.5)(I)(N), (2)(e.5)(I)(O), and
IP(2)(e.5)(II) amended and (2)(e.5)(I)(P) added, (HB 17 -1185), ch. 194, p. 709, § 1, effective
December 31. L. 2018: (2)(a), (2)(j), (2)(j.5), IP(2)(m), and (2)(m)(I) amended, (SB 18 -092), ch.
38, p. 411, § 36, effective August 8. L. 2019: (2)(j.8) added, (HB 19-1142), ch. 265, p. 2509, § 2,
effective August 2; (2)(w) and (2.5) amended and (2)(y) added, (SB 19 -177), ch. 311, p. 2810, §
1, effective August 2; (2)(x) added, (HB 19-1063), ch. 46, p. 155, § 1, effective August 2; IP(2.3)
and (2.3)(d) amended, (HB 19 -1104), ch. 14, p. 56, § 1, effective August 2; (2)(e.5)(I)(O)
amended, (HB 19 -1172), ch. 136, p. 1681, § 111, effective October 1. L. 2020: (2)(e.5)(I)(G)
amended, (HB 20 -1206), ch. 304, p. 1550, § 64, effective July 14. L. 2021: IP(2), (2)(p), and
(2.3)(b) amended, (SB 21 -059), ch. 136, p. 730, § 72, effective October 1; (1)(c), (2)(k), and (4)
amended, (SB 21 -271), ch. 462, p. 3219, § 386, effective March 1, 2022. L. 2022: IP(2),
IP(2)(e.5)(I), (2)(e.5)(I)(K), (2)(j), (2)(j.5), (2)(j.7), (2)(j.8), (2)(k), (2)(k.5), (2)(l), IP(2)(m),
(2)(m)(I), (2)(r), (2)(s), (2)(y), and (2.5)(a) amended, (HB 22 -1295), ch. 123, p. 831, § 35,
effective July 1; IP(2), (2)(d), and (2.3)(c) amended, (HB 22-1038), ch. 92, p. 440, § 20, effective
January 9, 2023. L. 2023: (2.5) amended, (SB 23 -217), ch. 95, p. 354, § 1, effective April 20;
(2)(p) amended, (SB 23 -210), ch. 251, p. 1432, § 16, effective May 24; (2)(j.7), (2)(k), (2)(k.5),
(2)(l), (2)(r), and (2)(y) amended, (HB 23 -1235), ch. 434, p. 2552, § 20, effective June 7. L.
2024: (2)(e.5)(I)(P) amended, (HB 24 -1222), ch. 155, p. 687, § 4, effective August 7. L. 2025:
IP(2.3), (2.3)(c), and (2.3)(d) amended, (SB 25 -239), ch. 142, p. 537, § 4, effective August 6. L.
2026: (2.5)(c) added, (HB 26 -1405), ch. 396, p. 2480, § 5, effective June 4; (1)(a), IP(2), (2)(d),
and (2)(e) amended, (2.1), (2.2), and (5) added, and (3) and (4) repealed, (HB 26 -1234), ch. 99,
p. 392, § 1, effective August 12.
Editor's note: (1) This section was formerly numbered as § 19-1-120.
(2) Amendments to the introductory portion to subsection (2)(e.5)(I) by Senate Bill 11-187 and
Senate Bill 11-034 were harmonized, effective January 1, 2012.
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(3) In Peck v. McCann, 43 F.4th 1116 (10th Cir. 2022), the United States Court of Appeals for
the Tenth Circuit held that subsection (4) is unconstitutional under the first amendment of the
United States Constitution because it restricts and punishes the disclosure of non -identifying
information contained in child abuse reports.
Cross references: For the legislative declaration contained in the 2002 act amending
subsection (2)(k), see section 1 of chapter 318, Session Laws of Colorado 2002. For the
legislative declaration contained in the 2003 act amending subsections (2), (2.5), and (3) and
enacting subsection (4), see section 1 of chapter 196, Session Laws of Colorado 2003. For the
legislative declaration in HB 15 -1370, see section 1 of chapter 324, Session Laws of Colorado
2015. For the legislative declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of
Colorado 2018. For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The plain text of subsection (1)(a) limits
its scope to identifying information only,
as indicated by the subheading "[i]dentifying
information". Peck v. McCann, 43 F.4th
1116 (10th Cir. 2022).
Two types of disclosures are prohibited:
first, disclosures of the reports of child abuse
or neglect themselves — that is, the literal
documents that comprise a child abuse
report — and, second, the name and address
of any child, family, or informant or any
other identifying information contained in
such reports. Peck v. McCann, 43 F.4th 1116
(10th Cir. 2022).
Only addresses that constitute
"identifying information" are
confidential under subsection (1)(a).
Subsection (1)(a) is ambiguous as to what
information contained in reports of child
abuse or neglect is confidential. Legislative
history and other interpretive aides indicate
that the legislature intended subsection
(1)(a) to prohibit disclosure of only
information that would identify a particular
child, family, or informant associated with a
child abuse or neglect report. Colo. Sun v.
Brubaker, 2023 COA 101, 542 P.3d 1190.
Subsection (4) is broader than
subsection (1) by punishing
nonidentifying disclosures as well as
identifying disclosures. Subsection (4)
prohibits the disclosure not only of "reports"
and "identifying information", as specified
in subsection (1), but also any "data or
information contained in the records and
reports of child abuse or neglect". This latter
category is unambiguously broad, such that
it would include nonidentifying information
contained in those reports. Peck v. McCann,
43 F.4th 1116 (10th Cir. 2022).
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Under subsection (4), disclosure of data
or information in the records and reports
of child abuse or neglect to anyone not
listed as exempt in subsection (2) is a
crime, regardless of whether the information
is identifying or nonidentifying. Peck v.
McCann, 43 F.4th 1116 (10th Cir. 2022).
Subsection (4) is not narrowly tailored
to the state's compelling interest, so is
facially unconstitutional under the first
amendment and void. Peck v. McCann, 43
F.4th 1116 (10th Cir. 2022).
The child protection team is subject to
the provisions of the public meetings law,
former § 29-9-101, since it is a committee of
a political subdivision of the state. Gillies v.
Schmidt, 38 Colo. App. 233, 556 P.2d 82
(1976).
Coverage of confidentiality provision.
The confidentiality provision of this article
covers the entire contents of a child abuse
report and the records related thereto. Gillies
v. Schmidt, 38 Colo. App. 233, 556 P.2d 82
(1976).
Matters to be handled at open
meetings. Discussion of matters not
contained in reports, and which do not
pertain to identifying information, are not
appropriate subjects for executive session.
Gillies v. Schmidt, 38 Colo. App. 233, 556
P.2d 82 (1976).
The child protection team's consideration
of questions other than those on specific
cases, such as agency availability and
responsiveness to reports of child abuse,
must be handled in meetings open to the
public. Gillies v. Schmidt, 38 Colo. App.
233, 556 P.2d 82 (1976).
Subsection (2) does not provide equal
access to social services records in a
criminal case. People v. Jowell, 199 P.3d 38
(Colo. App. 2008).
Subsection (2)(f) limits defendant's access
to items that the trial court, after an in
camera review, determines necessary for the
resolution of an issue. Therefore, defendant
cannot expect automatic disclosure of
records within the possession and control of
prosecuting attorney. Instead, defendant
must request an in camera review, identify
the information sought, and explain why
disclosure is necessary for resolution of an
issue. To achieve the broadest possible
disclosure, defendant should explain the
relevance and materiality of the information
sought. People v. Jowell, 199 P.3d 38 (Colo.
App. 2008).
Prosecutor has full access to records while
investigating a report of known or suspected
incident of child abuse or neglect.
Subsection (2)(f) does not suspend
prosecutor's obligation to disclose
information that is materially favorable to
defendant. However, that duty to disclose is
still subject to the in camera review process
in subsection (2)(f). Therefore, if the
prosecutor believes a social services record
contains information it must disclose, the
prosecutor must ask the trial court to
conduct an in camera review of the
information to determine if disclosure is
necessary for the resolution of an issue. If
the trial court determines the information is
necessary then it is disclosed to the
defendant. The prosecutor does not have the
right to offer the material into evidence
without first obtaining the trial court's
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approval. People v. Jowell, 199 P.3d 38
(Colo. App. 2008).
Subsection (2)(f) places the trial court in
the middle of a procedural issue that
normally would have been handled by
counsel through the automatic disclosure
requirements of Crim. P. 16(I)(a)(1). The
trial court must review the records to
determine whether the records are necessary
for the resolution of an issue. Although the
determination of whether the records should
be disclosed must be made on case -specific
circumstances, there are three principles that
apply generally. First, under due process
considerations, the trial court must disclose
any information that is materially favorable
to defendant because it is either exculpatory
or impeaching. Second, the trial court should
disclose inculpatory information when the
information would materially assist in
preparing the defense. Finally, it may be
significant, although not determinative, that
the information would be otherwise subject
to automatic disclosure under Crim. P.
16(I)(a)(1). People v. Jowell, 199 P.3d 38
(Colo. App. 2008).
Defendant received adequate discovery
of department of social services records.
Subsection (2)(f) prohibits defendant from
having the same direct access the
prosecution has to the records. Moreover,
trial court does not have an obligation
through the in camera review to provide
defendant all of the records, only those that
are necessary for determination of an issue.
People v. Jowell, 199 P.3d 38 (Colo. App.
2008).
Trial court erred in not disclosing
report from department of social services
file, but error was not prejudicial. People
v. Jowell, 199 P.3d 38 (Colo. App. 2008).
A defendant meets the burden for
requesting review and disclosure of
juvenile records when the defendant joins
the people's request for review based on the
people's review of the records and belief
they contain information that would
materially assist the defendant in preparing a
defense. People v. Herrera, 2012 COA 13,
272 P.3d 1158.
Identification of informant released
only upon court's finding of necessity. In
an action for slander, outrageous conduct,
negligence, gross negligence arising out of a
child abuse investigation, access to data that
would identify the informant shall be given
to the plaintiffs only upon a finding by the
trial court that public disclosure of the
information may be necessary for the
resolution of an issue in the case then
pending before it. Martin v. County of Weld,
43 Colo. App. 49, 598 P.2d 532 (1979).
Court should make in camera
inspection of records to determine if
public disclosure is necessary in the
interest of a fair trial. People v. Ross, 745
P.2d 277 (Colo. App. 1987).
Party seeking access to child abuse
reports has the burden of establishing the
existence of an exception to the statute's rule
of confidentiality. People v. Dist. Court, 743
P.2d 432 (Colo. 1987).
Trial court need not review department
of social services child abuse reports to
determine whether confidentiality of reports
should be waived when defendant did not
meet his initial burden of showing
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applicability of the exception even though
he did allege the reports were crucial to his
case. People v. Exline, 775 P.2d 48 (Colo.
App. 1988).
Trial court did not abuse its discretion
in finding that nondisclosed documents
were not relevant to any issue before the
court. Further, defendant's appellate counsel
had no right to review sealed records for
purposes of his appeal. Neither appellate
defense counsel nor the attorney general's
office was allowed access to the records, and
allowing appellate defense counsel to review
the entire social services file would
unnecessarily sacrifice the state's interest in
protecting the confidentiality of social
services records. People v. Frost, 5 P.3d 317
(Colo. App. 1999).
Juvenile court abused its discretion
when it chose to review only the last of
nine volumes of department of human
services' records. First, after the court
necessarily determined that defendant had
made a sufficient showing to warrant in
camera review of those records, it was
obligated to review all of the records,
despite the fact that such review would have
imposed a significant burden on the court.
Second, because subsection (2)(f) authorizes
only the juvenile court to review the
department of human services' records in a
case such as this, only the court could
determine whether any of the records might
be necessary to the determination of an issue
before it. People ex rel. A.D.T., 232 P.3d 313
(Colo. App. 2010).
Juvenile court erred in refusing to
order disclosure of certain department of
human services' records that were
exculpatory or impeaching or that would
materially assist in preparing a defense.
People ex rel. A.D.T., 232 P.3d 313 (Colo.
App. 2010).
19-1-308. Parentage information.
Notwithstanding any other law concerning public hearings and records, any hearing or trial
held pursuant to article 4 of this title 19 must be held in closed court without admittance of any
person other than those necessary to the action or proceeding. In addition to access otherwise
provided for pursuant to section 19 -1-303, all papers and records pertaining to the action or
proceeding that are part of the permanent record of the court are subject to inspection by the
parties to the action and their attorneys of record, and such parties and their attorneys are subject
to a court order that must be in effect against all parties to the action prohibiting the parties from
disclosing the genetic testing information contained in the court's record. Such court papers and
records are not subject to inspection by any person not a party to the action except the state child
support enforcement agency or delegate child support enforcement units for the purposes set
forth in section 19 -1-303 (4.4) or upon consent of the court and all parties to the action, or, in
exceptional cases only, upon an order of the court for good cause shown. All papers and records
in the custody of the county de partment of human or social services must be available for
inspection by the parties to the action only upon the consent of all parties to the action and as
provided by section 26 -1-114, or by the rules governing discovery, but the papers and records
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must not be subject to inspection by any person not a party to the action except upon consent of
all parties to the action; except that the results of genetic testing may be provided to all parties,
when available, notwithstanding laws governing confidentiality and without the necessity of
formal discovery. Any person receiving or inspecting paternity information in the custody of the
county department of human or social services is subject to a court order that must be in effect
prohibiting such persons from disclosing the genetic testing information contained in the
department's record.
Source: L. 96: Entire part added with relocations, p. 1169, § 6, effective January 1, 1997. L.
2003: Entire section amended, p. 1267, § 57, effective July 1. L. 2018: Entire section amended,
(SB 18-092), ch. 38, p. 411, § 37, effective August 8.
Editor's note: This section was formerly numbered as 19-1-121.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Section is intended to protect
confidentiality of adoption proceedings
against disclosure to third parties and not
to protect confidentiality among siblings
or parents and, therefore, separate petitions
to adopt all four children of deceased natural
mother are not required. Hopp v. Patterman,
757 P.2d 164 (Colo. App. 1988).
19-1-309. Relinquishments and adoption information.
Except as provided in parts 3 and 4 of article 5 of this title and section 19 -1-303, all records
and proceedings in relinquishment or adoption shall be confidential and open to inspection upon
order of the court for good cause shown or as otherwise authorized pursuant to article 5 of this
title. The court shall act to preserve the anonymity of the biological parents, the adoptive parents,
and the child from the general public, except as ordered by the court for good cause shown
pursuant to this section or except as authorized pursuant to a designated adoption or pursuant to
section 19-5-104 (2) or part 3 or 4 of article 5 of this title. A separate docket shall be maintained
for relinquishment proceedings and for adoption proceedings.
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Source: L. 96: Entire part added with relocations, p. 1169, § 6, effective January 1, 1997. L.
98: Entire section amended, p. 822, § 26, effective August 5. L. 99: Entire section amended, p.
1130, § 2, effective July 1.
Editor's note: This section was formerly numbered as 19-1-122.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Section applies to adult adoption
proceedings under § 14 -1-101. In re
W.D.A. v. City & County of Denver, 632
P.2d 582 (Colo. 1981).
Section is intended to protect
confidentiality of adoption proceedings
against disclosure to third parties and not
to protect confidentiality among siblings
or parents and, therefore, separate petitions
to adopt all four children of deceased natural
mother are not required. Hopp v. Patterman,
757 P.2d 164 (Colo. App. 1988).
The general assembly intended that
adoption proceedings should be heard
separately from a dependency and neglect
proceeding even if the proceedings are
related, such as a dependency and neglect
proceeding that later results in an adoption.
People in Interest of C.N., 2018 COA 165,
431 P.3d 1219.
19-1-309.3. Exchange of information for child support purposes - process.
The state court administrator of the judicial department and the executive director of the state
department of human services, or their designees, shall design a process for exchanging
information related to dependency or neglect actions, parentage actions, and any other actions
brought pursuant to this title, as contemplated in sections 19 -1-303 (4.4), 19 -1-308, and 19 -1-
309, for purposes of locating responsible parties to pay child support, establishing paternity and
child support, including child support debt pursuant to section 14-14-104, C.R.S., enforcing child
support orders, disbursing collected child support payments, and facilitating the efficient and
effective delivery of services under articles 13 and 13.5 of title 26, C.R.S. The process shall
allow for the exchange of information by the state child support enforcement agency or the
delegate child support enforcement units prior to or after intervention by the agency or units in
an action brought pursuant to this title. Except for the limited purposes of the duties described in
this section, the state child support enforcement agency or a delegate child support enforcement
unit shall maintain the confidentiality of the information received pursuant to this part 3 and such
information shall not be subject to discovery.
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Source: L. 2003: Entire section added, p. 1268, § 58, effective July 1.
19-1-309.5. Adoptive family resource registry.
Limitations concerning the accessibility to information on the adoptive family resource
registry are set forth in section 19-5-207.5 (5)(c).
Source: L. 99: Entire section added, p. 1025, § 7, effective May 29.
19-1-310. Information related to intervention and prevention programs - review and
evaluation of programs. (Repealed)
Source: L. 96: Entire part added with relocations, p. 1169, § 6, effective January 1, 1997. L.
2000: Entire section repealed, p. 585, § 12, effective May 18.
19-1-311. Centralized integrated data base system for children and families - strategic
business plan - technology plan - children's information management committee - report.
(Repealed)
Source: L. 96: Entire part added with relocations, p. 1170, § 6, effective January 1, 1997. L.
2002: Entire section repealed, p. 1017, § 23, effective June 1.
19-1-312. Central registry phase out - implementation plan - repeal. (Repealed)
Source: L. 97: Entire section added, p. 45, § 1, effective July 1.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2000.
(See L. 97, p. 45.)
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PART 4
PREVENTION PROGRAMS FUNDED THROUGH STATE AGENCIES
19-1-401 to 19-1-403. (Repealed)
Source: L. 2000: Entire part repealed, p. 585, § 9, effective May 18.
Editor's note: This part 4 was added in 1999 and was not amended prior to its repeal in 2000.
For the text of this part 4 prior to 2000, consult the 1999 Colorado Revised Statutes.
ARTICLE 1.2
Colorado Indian Child Welfare Act
19-1.2-101. Short title.
19-1.2-102. Legislative declaration.
19-1.2-103. Definitions.
19-1.2-104. Applicability - incorporation
of federal law.
19-1.2-105. Parentage of an Indian child -
acknowledged or
established - applicability
of article.
19-1.2-106. Best interests of an Indian
child - factors to consider.
19-1.2-107. Initial disclosures - inquiry
and determination - form
of inquiry - due diligence
- Indian child's tribe -
written findings.
19-1.2-108. Formal notice - language,
accessibility, and content
requirements.
19-1.2-109. Enrollment of an Indian child
with a tribe.
19-1.2-110. Emergency proceeding -
emergency removal -
termination of emergency
- duration.
19-1.2-111. Active efforts - when
required - characteristics.
19-1.2-112. Right to counsel -
appointment of counsel -
access to records.
19-1.2-113. Right to intervene and
appear.
19-1.2-114. Right to examine documents
- compliance regarding an
Indian child.
19-1.2-115. Qualified expert witnesses.
19-1.2-116. Jurisdiction.
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19-1.2-117. Determination of domicile
and residence - tribal
court jurisdiction.
19-1.2-118. Motion to transfer to tribal
court - objection.
19-1.2-119. Requirements if transfer to
tribal court granted.
19-1.2-120. Placement preferences -
cultural compact -
confidentiality.
19-1.2-121. Order to vacate judgment.
19-1.2-122. Determination of whether an
Indian child has been
improperly removed or
retained - remedy.
19-1.2-123. Foster care placement.
19-1.2-124. Tribal customary adoption.
19-1.2-125. Termination of parental rights
- tribal customary
adoption exemption.
19-1.2-126. V oluntary consent - foster
care placement,
relinquishment of
parental rights, or
adoption - requirements -
when not valid.
19-1.2-127. Tribal-state agreements -
purpose - requirements.
19-1.2-128. Collateral attack.
19-1.2-129. Report.
19-1.2-130. Conflict of laws.
19-1.2-131. Full faith and credit.
19-1.2-132. Rules.
19-1.2-101. Short title.
The short title of this article 1.2 is the "Colorado Indian Child Welfare Act".
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1782, § 2, effective August 6.
19-1.2-102. Legislative declaration.
(1) The general assembly finds and declares that:
(a) Historically, an alarmingly high percentage of Indian families were disrupted by the
removal, often unwarranted, of their children by non -tribal public and private agencies, and that
a disturbingly high percentage of those Indian children were placed in non -Indian foster and
adoptive homes and institutions;
(b) As a result of these actions, thousands of Indian families, tribal nations, and entire
cultures were devastated;
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(c) The states, in exercising their recognized jurisdiction over Indian child custody
proceedings through administrative and judicial bodies, historically failed to recognize the
essential tribal relations of Indian people and the cultural and social standards prevailing in
Indian communities and cultures;
(d) In response to these circumstances, the United States congress passed the federal "Indian
Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., known as "ICWA", to protect the best
interests of Indian children and to promote the stability and security of Indian tribes and families
by establishing minimum federal standards for the removal of Indian children from their families
and for the placement of those Indian children in foster or adoptive homes that would reflect the
unique values of Indian culture. The act provides assistance to Indian tribes in the operation of
child and family service programs.
(e) ICWA has been the subject of targeted attacks in the federal courts, including most
recently in Haaland v. Brackeen, 599 U.S. 255 (2023), in which the United States supreme court
upheld ICWA in its entirety. Even with Haaland v. Brackeen upholding ICWA, the law remains
subject to challenge.
(f) The Colorado general assembly can combat challenges to ICWA by upholding ICWA's
recognized "gold standard" in child welfare protection;
(g) As of 2025, seventeen states have passed comprehensive state ICWA laws while
Colorado has adopted parts of the federal law and, most recently in Senate Bill 23 -211, adopted
and incorporated ICWA and its regulations by reference as Colorado law;
(h) A critical element of ICWA is the requirement to notify an Indian child's tribe when a
state court proceeding is commenced that could result in the placement of the Indian child out of
the Indian child's home. The purpose of the notice is to provide the Indian child's tribe the
opportunity to transfer the case to a tribal court or otherwise participate in the state court
proceeding.
(i) To achieve these goals, it is crucial to determine, consistently and faithfully, whether a
child who is the subject of these types of state court proceedings is an Indian child and to ensure
that, if so, appropriate and timely notice is provided, particularly notice to the relevant tribes
when the county department of human or social services receives information that a child may be
an Indian child;
(j) The state of Colorado has previously recognized that Indian tribes have a compelling
interest in promoting and maintaining their integrity and culture by entering into federal "Indian
Child Welfare Act of 1978" agreements with the Southern Ute Indian Tribe and the Ute Mountain
Ute Indian Tribe. The agreements, among other things, place stringent notice requirements on the
state in proceedings involving Indian children and provide for the delay of proceedings until the
required notice has been provide d to the tribe in question. The state of Colorado further
recognizes that the department of human services may also enter into a tribal -state agreement
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with tribes outside of Colorado that have significant numbers of member Indian children or
membership-eligible Indian children residing in Colorado.
(k) Colorado is committed to the consistent application of and compliance with the federal
ICWA throughout the state to ensure that proper notice is provided and procedures are followed
as specified by ICWA when state court actions involve Indian children; and
(l) Nothing is more vital to the continued existence and integrity of Indian tribes than their
children.
(2) Therefore, the general assembly determines and declares that:
(a) It is appropriate and in the best interests of the Indian families who are intended to be
protected by the terms of the federal "Indian Child Welfare Act of 1978" and the Indian children
represented thereby that:
(I) The federal "Indian Child Welfare Act of 1978" agreements entered into between the state
of Colorado and the Southern Ute Indian Tribe and the Ute Mountain Ute Indian Tribe are
reaffirmed; and
(II) A comprehensive Colorado "Indian Child Welfare Act" is enacted to ensure consistent
and reliable compliance with the federal ICWA for the protection of Indian children within
Colorado and to ensure that Indian children in this state are protected as stated should the federal
law be appealed, modified, or otherwise annulled;
(b) The state of Colorado recognizes all federally recognized Indian tribes as having the
inherent authority to determine their own jurisdiction for any and all Indian child custody or
child placement proceedings, regardless of whether the tribe's members are on or off the
reservation and regardless of the procedural posture of the proceeding;
(c) The state of Colorado has long recognized the importance of Indian children to their
tribes, not only as members of tribal families and communities but also as the tribe's greatest
resource as future members and leaders of the tribe. The vitality of Indian children in Colorado is
essential to the health and welfare of both the state and tribes, and is essential to the future
welfare and continued existence of the tribes.
(d) It is the policy of the state to cooperate fully with Indian tribes and tribal citizens to
ensure that the intent and provisions of the federal ICWA are enforced; and
(e) Advancing ICWA is consistent with the "Colorado Children's Code" and with article II of
the state constitution.
(3) Therefore, the general assembly declares that the purpose of this article 1.2 is to codify
the federal "Indian Child Welfare Act of 1978" into state law and to provide additional
protections for Indian children pursuant to state law.
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Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1782, § 2, effective August 6.
19-1.2-103. Definitions.
As used in this article 1.2, unless the context otherwise requires:
(1) "Active efforts" means efforts that are affirmative, active, thorough, timely, and intended
to maintain or reunite an Indian child with the Indian child's family by providing remedial
services and rehabilitative programs. "Active efforts" require more than a referral to a service
and must be conducted in partnership with the Indian child, the Indian child's parent or Indian
custodian, extended family members, and the tribe.
(2) (a) "Child custody proceeding" means a child custody proceeding within the court's
jurisdiction and includes:
(I) Foster care placements, including any action removing an Indian child from the Indian
child's parent or Indian custodian for temporary placement in a foster home or institution, or the
home of a guardian or conservator when the Indian parent or Indian custodian cannot have the
Indian child returned upon demand but parental rights have not been terminated, including, but
not limited to, a hearing held pursuant to section 19-3-405, 19-3-507, 19-3-508, or 19-3-702;
(II) Termination of parental rights, including any action resulting in the termination of the
parent-child relationship;
(III) Pre -adoptive placement, including the temporary placement of an Indian child in a
foster home or institution after the termination of parental rights but prior to or in lieu of
adoptive placement;
(IV) Adoptive placement, including the permanent placement of an Indian child for adoption
and any action resulting in a final decree of adoption;
(V) A parentage determination; and
(VI) Guardianship or allocation of parental responsibilities to a nonparent, including an
action taken in a probate or domestic relations case removing an Indian child from the Indian
child's parent or Indian custodian for temporary placement in the home of a guardian,
conservator, or nonparent when the Indian child's parent or Indian custodian cannot have the
Indian child returned upon demand but parental rights have not been terminated.
(b) An action that may culminate in one of the outcomes described in subsection (2)(a) of
this section is a separate child custody proceeding from an action that may culminate in a
different one of the outcomes. There may be several child custody proceedings involving an
Indian child, and within each child custody proceeding, there may be several separate hearings.
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(c) "Child custody proceeding" does not include:
(I) A proceeding for the custody or support of, or parenting time with, an Indian child that is
solely between two parents;
(II) An emergency proceeding as described in section 19-1.2-110; or
(III) A delinquency proceeding other than those based solely on a status offense.
(3) "Court" means a district court, juvenile court, or probate court that is presiding over a
child custody proceeding.
(4) "Custody" or "continued custody" means having legal or physical custody, or both, of an
Indian child pursuant to applicable tribal law, tribal custom, or state law. An individual has
custody of an Indian child if the individual is the Indian child's parent, if the individual has
physical custody through an arrangement with the Indian child's parent outside of the
involvement of a child welfare or child placement agency, or if the individual has legal custody
of the Indian child pursuant to applicable tribal law, tribal custom, or state law.
(5) (a) "Domicile" means the place an individual regards as home, where the individual
intends to remain, or to which, if absent, the individual intends to return.
(b) An Indian child's domicile, in order of priority, is the domicile of:
(I) The Indian child's parents or, if the Indian child's parents do not have the same domicile,
the Indian child's parent who has physical custody of the Indian child;
(II) The Indian child's Indian custodian; or
(III) The Indian child's guardian.
(6) "Due diligence" means the earnest endeavor of the court and the petitioning or filing
party to investigate the basis for a party's or other individual's assertion that a child may be an
Indian child, as described in section 19-1.2-107.
(7) "Emergency proceeding" means any court action that involves the emergency removal or
emergency placement of an Indian child, including removal pursuant to section 19 -1.2-110, 19-
1.2-123, 19-3-405, 14-10-129 (4), or 15-14-204 (5) with or without a protective custody order, or
a temporary shelter care proceeding pursuant to section 19-3-401 or 19-3-403.
(8) (a) "Extended family member" has the same meaning as given in the tribal law or tribal
custom of the Indian child's tribe.
(b) If the meaning of "extended family member" cannot be determined pursuant to
subsection (8)(a) of this section, "extended family member" means an individual who has
attained eighteen years of age and who is the Indian child's grandparent, aunt, uncle, brother,
sister, brother-in-law, sister-in-law, niece, nephew, first or second cousin, godparent, stepparent,
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or stepgrandparent, or as determined by the Indian child's tribe member. Even following
termination of a marriage, a godparent, stepparent, or stepgrandparent is considered an "extended
family member".
(9) "Indian" means an individual who is a member of an Indian tribe or who is an Alaska
Native and a member of a regional corporation, as defined in the federal "Alaska Native Claims
Settlement Act", 43 U.S.C. sec. 1606.
(10) "Indian child" means an unmarried individual who has not attained eighteen years of
age and:
(a) Is a member or citizen of an Indian tribe; or
(b) Is eligible for membership or citizenship in an Indian tribe as determined by that Indian
tribe in writing or orally on the record and is the biological child of a member of an Indian tribe.
(11) "Indian Child Welfare Act of 1978" or "ICWA" means the federal law found at 25
U.S.C. sec. 1901 et seq. and its implementing regulations.
(12) "Indian custodian" means an Indian, other than the Indian child's parent, who has been
granted legal custody or guardianship of the Indian child pursuant to tribal law, tribal custom, or
state law, or to whom temporary physical care, custody, and control has been transferred by the
Indian child's parent outside the involvement of a child welfare or child placement agency.
(13) "Indian organization" means a group, association, partnership, corporation, or other
legal entity owned or controlled by Indians or with a majority of Indian members.
(14) "Indian tribe" or "tribe" means an Indian tribe, clan, band, nation, or other organized
group or community of Indians federally recognized as eligible for the services provided to
Indians by the United States secretary of the interior because of their status as Indians, including
any Alaska Native village as defined in the federal "Alaska Native Claims Settlement Act", 43
U.S.C. sec. 1602 (c).
(15) "Member" or "membership" means a determination by an Indian tribe through its tribal
law or tribal custom that an individual is a member or citizen of that Indian tribe.
(16) "Parent" means:
(a) A biological parent of an Indian child, except for an unwed father whose parentage has
not been acknowledged or established pursuant to section 19 -1.2-105, the "Uniform Parentage
Act", article 4 of this title 19, or tribal law;
(b) An individual who has lawfully adopted an Indian child, including an adoption made
pursuant to tribal law or tribal custom; or
(c) A parent whose parentage has been acknowledged or established pursuant to section 19 -
1.2-105, the "Uniform Parentage Act", article 4 of this title 19, or tribal law.
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(17) "Party" or "parties" means a party to a child custody proceeding.
(18) "Reason to know" means that a court or a petitioning or filing party has reason to know
that a child is an Indian child, as described in section 19-1.2-107.
(19) "Reservation" means:
(a) Indian country, as defined in 18 U.S.C. sec. 1151, and any lands not covered pursuant to
that section and title that are held by the United States in trust for the benefit of an Indian tribe or
individual or held by an Indian tribe or individual subject to a restriction by the United States
against alienation; or
(b) For the Southern Ute Indian reservation, those lands include any lands confirmed
pursuant to Pub.L. 98 -290 and any other land subsequently placed in trust by the United States
for the Southern Ute Indian Tribe's benefit.
(20) "Termination of parental rights" includes the termination of parental rights pursuant to
section 19 -3-604 or the termination of parental rights resulting from an adoption proceeding
pursuant to section 19-5-101, 19-5-105.5, or 19-5-105.7.
(21) "Tribal court" means a court with jurisdiction over Indian child custody proceedings
that is either a court of Indian offenses, a court established and operated under the law or custom
of an Indian tribe, or any other administrative body of a tribe that is vested with authority over
Indian child custody proceedings.
(22) "Tribal customary adoption" means the adoption of an Indian child by and through tribal
law or tribal custom of the Indian child's tribe and that may be effected without the termination
of parental rights.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1784, § 2, effective August 6.
19-1.2-104. Applicability - incorporation of federal law.
(1) Unless explicitly stated otherwise in this article 1.2, all provisions of this article 1.2 apply
to all child custody proceedings; any matter brought pursuant to the "Uniform Dissolution of
Marriage Act", article 10 of title 14; the "Colorado Probate Code", articles 10 to 17 of title 15; all
other private matters that meet the definition of a child custody proceeding; and the "Colorado
Children's Code", this title 19.
(2) In a case filed pursuant to this article 1.2 that constitutes a child custody proceeding, the
court and each party to the proceeding shall also comply with the federal implementing
regulations of the federal "Indian Child Welfare Act of 1978" that outline the minimum federal
standards governing ICWA's implementation to ensure that ICWA is applied in Colorado
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consistent with the ICWA's express language, congress's intent in enacting ICWA, and to
promote the stability and security of Indian children, tribes, and families.
(3) All provisions of the federal "Indian Child Welfare Act of 1978" are incorporated into this
article 1.2, even if not specifically referenced. This article 1.2 may provide additional protections
beyond those required by the federal ICWA, in which case the provisions of this article 1.2 apply.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1788, § 2, effective August 6.
19-1.2-105. Parentage of an Indian child - acknowledged or established - applicability
of article.
(1) Parentage of an Indian child is acknowledged or established for purposes of this article
1.2 if the individual's parentage has been:
(a) Established pursuant to article 4 of this title 19;
(b) Established pursuant to tribal law; or
(c) Recognized in accordance with tribal custom.
(2) (a) For purposes of determining the biological parent of an Indian child, a court may
order genetic tests pursuant to section 19-4-112 or 13-25-126.
(b) If an individual fails to comply with the court's order for genetic tests within a reasonable
amount of time, the court may issue a subpoena pursuant to section 19 -4-112 or issue an order to
compel the individual to appear for genetic tests.
(c) If the genetic tests ordered pursuant to this subsection (2) do not confirm that an
individual is the biological parent of the child as provided in section 19 -4-105 (1)(f), or if the
individual has refused to consent to the genetic tests, the individual is not established as the
child's biological parent.
(3) This article 1.2 applies in its entirety if an individual is determined to be a parent of an
Indian child, regardless of whether the parent has had prior custody of the Indian child.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1788, § 2, effective August 6.
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19-1.2-106. Best interests of an Indian child - factors to consider.
(1) In a child custody proceeding involving an Indian child, when making a determination
regarding the best interests of the Indian child, the court shall, in consultation with the Indian
child's tribe and tribal community, as determined by the Indian child's tribe, consider the
following:
(a) The Indian child's mental, physical, and emotional needs, including the Indian child's
preferences;
(b) The prevention of unnecessary out-of-home placement of the Indian child;
(c) The prioritization of placement of the Indian child in accordance with the placement
preferences set forth in section 19-1.2-120;
(d) The value to the Indian child of establishing, developing, or maintaining a political,
cultural, social, and spiritual relationship with the Indian child's tribe and tribal community; and
(e) The importance to the Indian child of the Indian tribe's or tribal community's ability to
maintain the tribe's or tribal community's existence and integrity for the stability and security of
Indian children and families.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1789, § 2, effective August 6.
19-1.2-107. Initial disclosures - inquiry and determination - form of inquiry - due
diligence - Indian child's tribe - written findings.
(1) Initial disclosures. The petitioning or filing party shall disclose in the complaint,
petition, or other commencing pleading filed with the court that the child who is the subject of
the child custody proceeding is an Indian child and the identity of the Indian child's tribe or
tribes, or efforts the petitioning or filing party has made in determining whether the child is an
Indian child, including, but not limited to:
(a) If the petitioning or filing party indicates in the complaint, petition, or other commencing
pleading that the child who is the subject of the child custody proceeding is an Indian child, the
petitioning or filing party shall further identify what reasonable efforts have been made to send
notice to the individuals identified in subsection (3)(d) of this section;
(b) The postal receipts or copies of postal receipts from the notice sent pursuant to subsection
(3)(d) of this section indicating that the notice was properly sent by the petitioning or filing party
to the Indian child's parent or Indian custodian and to the Indian child's tribe or tribes. The postal
receipts must be attached to the complaint, petition, or other commencing pleading filed with the
court; except that, if notification has not been perfected at the time the initial complaint, petition,
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or other commencing pleading is filed with the court, or if the postal receipts have not been
received back from the post office, the petitioning or filing party shall file the postal receipts with
the court upon receipt of the postal receipts.
(c) Any responses sent by a tribal agent to the petitioning or filing party, a county
department, or the court, which responses must be distributed to the parties and filed with the
court.
(2) Indian child inquiry and determination. At the commencement of each child custody
proceeding, the court shall make inquiries to determine whether the child who is the subject of
the proceeding is an Indian child. In determining whether the child is an Indian child:
(a) The court shall ask each participant in an emergency, voluntary, or involuntary child
custody proceeding whether the participant knows or has reason to know that the child is an
Indian child or whether the participant has information that is relevant to determining whether
the child is an Indian child. Any response to the inquiry must be made on the record. The court
shall instruct the participants to inform the court if a participant subsequently receives
information that provides reason to know the child is an Indian child.
(b) No later than the first appearance after an expedited hearing held pursuant to section 19 -
3-217 or 19-3-403, each party to the child custody proceeding shall disclose to the court and the
petitioning and filing parties information indicating that the child is an Indian child, including,
but not limited to, providing an identification card indicating the child's membership in a tribe.
The court shall order the parties to provide information learned thereafter to the court and all
parties no later than seven days after receiving the relevant information or prior to the next
hearing on the matter, whichever occurs first.
(3) Form of inquiry.
(a) At the commencement of the child custody proceeding, the petitioning or filing party
shall make a record, either in writing or orally in open court on the record, of the party's good
faith efforts to determine whether the child is an Indian child, including, at a minimum, inquiries
made by consulting with:
(I) The child, directly or through the child's representative;
(II) The child's parent or parents;
(III) An individual having custody of the child or with whom the child resides;
(IV) The child's extended family members;
(V) Any other individual who may reasonably be expected to have information regarding the
child's membership or eligibility for membership in an Indian tribe; and
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(VI) An Indian tribe when information from inquiries made pursuant to subsections (3)(a)(I)
to (3)(a)(V) of this section indicate that there is a reasonable likelihood that the Indian tribe may
provide additional information regarding whether the child is a member of that tribe or whether
the child may be eligible for membership in that tribe.
(b) The court, upon reviewing the record of inquiries made pursuant to subsection (3)(a) of
this section, has reason to know that a child is an Indian child if:
(I) A participant in the child custody proceeding, an officer of the court involved in the child
custody proceeding, an Indian tribe, an Indian organization, or an agency informs the court that
the child is an Indian child;
(II) A participant in the child custody proceeding, an officer of the court involved in the child
custody proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it
has discovered information indicating that the child is an Indian child;
(III) The child who is the subject of the child custody proceeding gives the court reason to
know that the child is an Indian child;
(IV) The court is informed that the domicile or residence of the child, the child's parent, or
the child's Indian custodian is or was on a reservation of a federally recognized Indian tribe or in
an Alaska Native village;
(V) The court is informed that the child is or has been a ward of a tribal court;
(VI) The court is informed that the child or the child's parent possesses an identification card
or other sufficient documentation indicating membership in an Indian tribe;
(VII) The court is informed that the parent or child received health services from an Indian
health service or tribal health facility;
(VIII) The court or the petitioning or filing party receives any other reasonably credible
information, regardless of admissibility, that a parent or the child has an identifiable connection
with a specific federally recognized tribe or tribes beyond a generalized assertion of heritage;
(IX) The court is informed that there are school records indicating that the child is an
enrolled member of an Indian tribe; or
(X) After performing due diligence pursuant to subsection (4) of this section, information is
presented to the court that subsections (3)(b)(I) to (3)(b)(IX) of this section apply or that the
child is an Indian child.
(c) The court shall make specific findings, either in writing or orally on the record, regarding
its reason to know that the child is an Indian child.
(d) If the court knows, or has reason to know as described in subsection (3)(b) of this
section, that the child who is the subject of the child custody proceeding is an Indian child, the
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petitioning or filing party shall send notice by registered or certified mail, return receipt
requested, to the parent of the child, the child's Indian custodian, and the tribal agent of the
Indian child's tribe or tribes, or, if there is not a designated tribal agent, the petitioning or filing
party shall contact the Indian tribe for direction to the appropriate office or individual. In
providing the notice, the court and each party shall comply with the federal ICWA and this article
1.2.
(4) (a) Due diligence. If the court receives information that the child may have Indian
heritage but the court lacks sufficient information to determine that there is reason to know that
the child is an Indian child pursuant to subsection (3) of this section, the court shall direct the
petitioning or filing party to exercise due diligence in gathering additional information pursuant
to subsection (4)(b) of this section, ensure that the due diligence requirements are followed, and
ensure that all information known to the parties is disclosed in writing or orally on the record.
The court shall direct the petitioning or filing party to make a record, either in writing or orally
on the record, of the due diligence efforts taken to determine whether there is reason to know that
the child is an Indian child.
(b) In performing due diligence, the petitioning or filing party shall, at a minimum:
(I) Ask each party, including the child directly or through the child's representative, what
information the party has regarding the child's Indian heritage, if any;
(II) Ask or earnestly attempt to ask each parent what information the parent has regarding the
child's Indian heritage, if any; where and how the parent received the information; and what, if
any, other information sources the parent believes may have additional information regarding the
child's Indian heritage, if any, including other relatives and their contact information, if known or
reasonably obtained;
(III) Conduct searches for family and document -identified family relatives or kin who may
have information regarding the child's Indian heritage, if any;
(IV) Ask or attempt to ask identified family relatives or kin for information the relatives or
kin have regarding the child's Indian heritage, if any, and where and how the relatives or kin
received that information;
(V) Review court and agency records identified by the parents and provided to the petitioner
or filing party, or to which the petitioner or filing party has previously been granted access
through the state automated child welfare system or the ICON system at the state judicial
department, for all child custody proceedings related to the child and parents for information
regarding the child's Indian heritage, if any; and
(VI) Contact the tribal representative or representatives by email, phone call, letter, or any
other means agreed to by the parties regarding whether the child may be eligible for tribal
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membership when informed that a parent, child, or specific extended family member has a
potential connection with a federally recognized tribe or tribes.
(c) In performing due diligence, the petitioning or filing party may, if a known connection
has not been identified pursuant to subsection (4)(b) of this section but the court or petitioning or
filing party receives a reasonably credible assertion of the child's Indian heritage without
identification of a specific tribe or tribes but narrowed to a region of the United States, ask either
relevant tribes in that identified region or the relevant bureau of Indian affairs office if the
relevant tribes or bureau have information relevant to the determination that the child is an
Indian child.
(d) Subsection (4)(b) of this section does not prevent a petitioning party from sending a
written inquiry to an asserted tribe for the purpose of satisfying the due diligence requirements
pursuant to subsection (4)(b)(VI) of this section. A written inquiry must not be construed as
formal notice and is not considered a determination that there is reason to know the child is an
Indian child.
(5) (a) Indian child's tribe. If the child is an Indian child, the Indian child's tribe is:
(I) The tribe of which the Indian child is a member or eligible for membership if the Indian
child is a member of or is eligible for membership in only one tribe;
(II) The tribe of which the Indian child is a member if the Indian child is a member of one
tribe but is eligible for membership in one or more other tribes; or
(III) If the Indian child is a member of more than one tribe or if the Indian child is not a
member of any tribe but is eligible for membership in more than one tribe:
(A) The tribe designated by an agreement between the tribes of which the Indian child is a
member or in which the Indian child is eligible for membership; or
(B) If the tribes are unable to agree on the designation of the Indian child's tribe, the tribe
designated by the court.
(b) When designating an Indian child's tribe pursuant to subsection (5)(a)(III)(A) of this
section, the court shall, after a hearing, designate the tribe with which the Indian child has the
more significant contacts, taking into consideration:
(I) The preference of the Indian child's parent;
(II) The duration of the Indian child's residency at their current or prior domicile or residence
on or near the reservation of each tribe;
(III) The tribal membership of the Indian child's parent or Indian custodian;
(IV) The interests asserted by each tribe;
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(V) Whether a tribe has previously adjudicated a case involving the Indian child; and
(VI) The self-identification of the Indian child if the court determines that the Indian child is
of sufficient age and capacity to meaningfully self-identify.
(6) Written findings. The court shall make written findings determining whether the
petitioning or filing party:
(a) Satisfied its inquiry and due diligence requirements concerning whether the child is an
Indian child or whether there is reason to know that the child is an Indian child;
(b) Verified whether the child is in fact a member of a tribe, or a biological parent of the
child is a member of a tribe, and the child is eligible for membership;
(c) Documented all contact with:
(I) The respective tribe or tribes. This contact must include at least two contacts or good faith
attempts to contact the tribe or tribes within seventy days after the finding, unless the tribe or
tribes provided written documentation indicating membership, eligibility, or ineligibility of the
child.
(II) The bureau of Indian affairs to seek assistance with contacting the tribe or tribes, if good
faith attempts to contact the tribe or tribes have been unsuccessful; and
(d) Treated the child as an Indian child, unless and until it is determined on the record that
the child does not meet the definition of an Indian child.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1789, § 2, effective August 6.
19-1.2-108. Formal notice - language, accessibility, and content requirements.
(1) Notices required by this article 1.2 in a child custody proceeding must be provided in
clear, accessible, and understandable language and include the following information:
(a) The Indian child's name, date of birth, and place of birth;
(b) To the extent known, all names, including maiden, married, and former names or aliases
of the Indian child's parents, the parents' birthplaces, and the parents' tribal enrollment
information;
(c) To the extent known, the names, dates of birth, places of birth, and tribal enrollment
information of other direct lineal ancestors of the Indian child;
(d) The name of each Indian tribe of which the Indian child is a member or in which the
Indian child may be eligible for membership;
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(e) To the extent known, information regarding the Indian child's direct lineal ancestors, an
ancestral chart for each biological parent, and the Indian child's tribal affiliation and blood
quantum;
(f) A copy of the petition or motion initiating the proceeding and, if a hearing has been
scheduled, information on the date, time, and location of the hearing;
(g) The name of the petitioning or filing party and the name and address of the party's
attorney;
(h) A statement that the Indian child's parent or Indian custodian has the right to participate
in the proceeding pursuant to section 19-1.2-113;
(i) A statement that the Indian child's tribe has the right to intervene or participate in the
proceeding as a party or in an advisory capacity pursuant to section 19-1.2-113;
(j) A statement that if the court determines that the Indian child's parent or Indian custodian
is unable to afford counsel, the parent or Indian custodian has the right to court -appointed
counsel;
(k) A statement that the Indian child's parent, Indian custodian, or tribe has the right, upon
request, to up to twenty additional days to prepare for the proceeding;
(l) A statement that the Indian child's parent, Indian custodian, or tribe has the right to
petition the court to transfer the child custody proceeding to the tribal court;
(m) A statement describing the potential legal consequences of the proceeding on future
parental and custodial rights of the Indian child's parent or Indian custodian;
(n) The mailing address and telephone numbers of the court and contact information for all
parties to the proceeding and the individuals notified pursuant to this section; and
(o) A statement that the information contained in the notice is confidential and must not be
shared with any individual who does not need the information to exercise rights pursuant to this
article 1.2.
(2) If the Indian child's parent or Indian custodian has limited English proficiency and may
not understand the contents of the notice provided pursuant to this section, the court shall provide
language access services as required by Title VI of the federal "Civil Rights Act of 1964", 42
U.S.C. sec. 2000e et seq., and other applicable federal and state laws. If the court is unable to
secure translation or interpretation support, the court shall contact or direct a party to contact the
Indian child's tribe or the local office of the federal bureau of Indian affairs for assistance
identifying a qualified translator or interpreter.
(3) (a) A hearing that requires notice pursuant to this section must not be held until at least
ten days after the latest receipt of the notice by the Indian child's parent, Indian custodian, tribe,
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or, if applicable, the federal bureau of Indian affairs. Upon request, the court shall grant the
Indian child's parent, Indian custodian, or tribe up to twenty -one additional days after the date
upon which notice was received by the Indian child's parent, Indian custodian, or tribe to prepare
for participation in the hearing.
(b) This subsection (3) does not prevent a court, during an emergency proceeding before the
expiration of the waiting period described in subsection (3)(a) of this section, from reviewing the
removal of an Indian child from the Indian child's parent or Indian custodian to determine
whether the removal or placement is no longer necessary to prevent imminent physical harm or
danger to the Indian child.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1795, § 2, effective August 6.
19-1.2-109. Enrollment of an Indian child with a tribe.
(1) Unless an Indian child's parent objects, the petitioning or filing party or the Indian tribe
shall assist in enrolling an Indian child who is in the court's jurisdiction in a tribe with which the
child is eligible for enrollment. If the Indian child is eligible to be enrolled in more than one
tribe, the court shall determine membership pursuant to section 19-1.2-107.
(2) In accordance with subsection (1) of this section, when the petitioning or filing party,
including a county department or a child placement agency, has reason to know that the child is
an Indian child, the petitioning or filing party shall, at a minimum, state in writing or orally on
the record the relevant tribe or tribes with which the child may be eligible for enrollment to
determine if the child is in fact eligible for enrollment. The notification to the relevant tribe or
tribes may be done in conjunction with the notice requirements set forth in section 19 -1.2-108
(1).
(3) In a child custody proceeding, when the petitioning or filing party has reason to know
that the child is an Indian child and that the Indian child is eligible for enrollment in a tribe, the
petitioning or filing party shall notify the Indian child and the Indian child's parent of the parent's
right to object to the petitioning or filing party's assistance pursuant to subsection (1) of this
section.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1796, § 2, effective August 6.
Colorado Revised Statutes 2026
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19-1.2-110. Emergency proceeding - emergency removal - termination of emergency -
duration.
(1) If an individual or agency takes a child into protective custody, the individual or agency
shall, at the commencement of the emergency proceeding, make a good faith effort to:
(a) Determine whether the individual or agency has reason to know that the child is an Indian
child pursuant to section 19-1.2-107 (3)(b); and
(b) Contact by telephone, email, facsimile, or other means of immediate communication any
tribe of which the child is or may be a member or eligible for membership to determine the
child's tribal affiliation. Notification must include the basis for the child's removal; the time, date,
and place of the initial hearing; and a statement that the tribe has the right to participate in the
proceeding as a party or in an advisory capacity pursuant to section 19-1.2-113.
(2) An emergency removal or placement of an Indian child pursuant to this section
terminates immediately when the removal or placement is no longer necessary to prevent
imminent physical harm or danger to the Indian child. In such a removal or placement, the court
shall:
(a) Make a finding on the record that the emergency removal or placement is necessary to
prevent imminent physical harm or danger to the Indian child;
(b) Promptly hold a hearing on whether the emergency removal or placement continues to be
necessary when new information indicates that the emergency situation has ended;
(c) At any court hearing during the emergency proceeding, determine whether the emergency
removal or placement is no longer necessary to prevent imminent physical harm or danger to the
Indian child; and
(d) Immediately terminate, or ensure that the individual or agency that took the child into
protective custody immediately terminates, the emergency proceeding once the court or agency
possesses sufficient evidence to determine that the emergency removal or placement is no longer
necessary to prevent imminent physical harm or danger to the Indian child.
(3) A petition for a court order authorizing the emergency removal or continued emergency
placement of an Indian child, and its accompanying documents, must contain a statement of the
risk of imminent physical harm or danger to the Indian child and any evidence that the
emergency removal or placement continues to be necessary to prevent the imminent physical
harm or danger to the Indian child. The petition, and its accompanying documents, must also
contain the following information:
(a) The name, age, and last-known address of the Indian child;
(b) The name and last -known address of the Indian child's parents or Indian custodian, if
any;
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(c) The steps taken to provide notice to the Indian child's parents, custodian, and tribe about
the emergency proceeding;
(d) If the Indian child's parents or Indian custodian is unknown, a detailed explanation of
what efforts have been made to locate and contact them, including contact with the appropriate
federal bureau of Indian affairs regional director;
(e) The residence and domicile of the Indian child;
(f) If either the residence or domicile of the Indian child is believed to be on a reservation or
in an Alaska Native village, the name of the tribe affiliated with that reservation or village;
(g) The tribal affiliation of the Indian child and the child's parents or Indian custodian;
(h) A specific and detailed account of the circumstances that led the individual or agency
responsible for the emergency removal of the Indian child to take that action;
(i) If the Indian child is believed to reside or be domiciled on a reservation where the tribe
exercises exclusive jurisdiction over child custody matters, a statement of efforts made to contact
the tribe and transfer the Indian child to the tribe's jurisdiction; and
(j) A statement of the efforts that have been taken to assist the Indian child's parents or Indian
custodian so that the Indian child may be safely returned to the custody of the parents or Indian
custodian.
(4) An emergency removal regarding an Indian child must not be continued for more than
thirty days, unless the court determines that restoring the Indian child to the parent or Indian
custodian would subject the Indian child to imminent physical harm or danger, and:
(a) The court has approved a motion to transfer the case to a tribal court but has not been
able to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; or
(b) Despite diligent efforts, the court has been unable to hold a hearing based on the criteria
set forth in section 19 -1.2-123. In such a case, the court shall schedule the hearing within seven
days after the determination made pursuant to this subsection (4).
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1797, § 2, effective August 6.
19-1.2-111. Active efforts - when required - characteristics.
(1) If there is reason to know that a child who is the subject of a child custody proceeding is
an Indian child, active efforts are required and the court shall make an initial determination
whether active efforts have been made to prevent removal of the Indian child from the family. If
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the Indian child has been removed from the family, the court shall determine whether active
efforts have been made to reunite the family.
(2) Active efforts require a higher standard of conduct than reasonable efforts.
(3) Active efforts must:
(a) Be documented in detail in writing or orally on the record;
(b) If the Indian child is alleged to be within the jurisdiction of the court pursuant to section
19-1.2-116, include actively assisting the Indian child's parent or parents or Indian custodian
through the steps of a case plan and accessing or developing the resources necessary to satisfy
the case plan;
(c) Include providing assistance in a manner consistent with the prevailing social and cultural
standards and way of life of the Indian child's tribe;
(d) Be conducted in partnership with the Indian child and the Indian child's parents, extended
family members, Indian custodian, and tribe; and
(e) Be tailored to the facts and circumstances of the case.
(4) Active efforts may include, as applicable, the following:
(a) Conducting a comprehensive assessment of the circumstances of the Indian child's
family, with a focus on reunification as the primary and most desirable goal;
(b) Identifying appropriate services and helping the Indian child's parents overcome barriers
to reunification, including actively assisting the Indian child's parents with obtaining the
identified services;
(c) Identifying, notifying, and inviting representatives of the Indian child's tribe to participate
in providing support and services to the Indian child's family and in family team meetings,
permanency planning, resolution of placement issues, reviews, or other case-management-related
meetings;
(d) Conducting or causing to be conducted a diligent search for the Indian child's extended
family members and contacting and consulting with the Indian child's extended family members
and adult relatives to provide family structure and support for the Indian child and the Indian
child's parents;
(e) Offering and employing culturally appropriate family preservation strategies and
facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe;
(f) Taking steps to keep the Indian child and the Indian child's siblings together, whenever
possible;
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(g) Supporting regular family time with the Indian child's parents or Indian custodian in the
most natural setting possible, as well as trial home visits during a period of removal, consistent
with the need to ensure the health, safety, and welfare of the Indian child;
(h) Identifying and making appropriate referrals to community resources, including housing,
financial assistance, employment training, transportation, mental health care, health care,
substance abuse prevention and treatment, parenting training, transportation, peer support
services necessary to maintain the child in the home or to rehabilitate the family so that the child
can safely return home, and actively assisting the Indian child's parents or, when appropriate, the
Indian child's family, in utilizing and accessing such resources;
(i) Monitoring progress and participation of the Indian child's parents, Indian custodian, or
extended family members in the services described in subsections (4)(b), (4)(c), (4)(e), and (4)(h)
of this section;
(j) Considering alternative ways to address the needs of the Indian child's parents, Indian
custodian, and, when appropriate, the Indian child's family if the services described in this
section are unavailable or the optimum services do not exist or are not available;
(k) Providing post -reunification services and monitoring while the Indian child remains in
the court's jurisdiction;
(l) Contacting the Indian child's tribe to determine what, if any, tribal resources are available;
and
(m) Any other efforts that are appropriate to the Indian child's circumstances.
(5) In a child custody proceeding brought pursuant to article 3 of this title 19, if the court
finds that a county department did not provide active efforts to make it possible for the Indian
child to safely return home, at a permanency hearing the court shall not change the permanency
plan to something other than to reunite the family.
(6) Unless stipulated by the parties and not objected to by the Indian child's tribe, in any
proceeding brought pursuant to article 3 of this title 19, if the court finds that a county
department did not provide active efforts to make it possible for the Indian child to safely return
home, the court shall not set a date for a permanent orders hearing, including, but not limited to,
guardianship, allocation of parental responsibilities, or termination of parental rights, until the
county department provides active efforts for the number of days that active efforts were not
previously provided.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1799, § 2, effective August 6.
Colorado Revised Statutes 2026
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19-1.2-112. Right to counsel - appointment of counsel - access to records.
(1) If there is reason to know that a child who is the subject of a child custody proceeding is
an Indian child:
(a) The court shall appoint counsel to represent the Indian child in accordance with
applicable law; and
(b) The court shall appoint counsel to represent the Indian child's parent or Indian custodian
pursuant to section 19 -3-202 if the parent or Indian custodian is a respondent in a dependency
and neglect action brought pursuant to article 3 of this title 19. In any removal, placement, or
termination of parental rights proceeding, outside of a dependency and neglect proceeding, in
which the court determines that an Indian child's parent or Indian custodian is indigent, the court
shall appoint counsel to the Indian child's parent or Indian custodian through the office of the
state court administrator.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1801, § 2, effective August 6.
19-1.2-113. Right to intervene and appear.
(1) Notwithstanding this article 1.2 to the contrary, a tribe, or Indian custodian who is not
otherwise a party to a child custody proceeding brought pursuant to this article 1.2, has the right
to intervene at any point in a child custody proceeding and a tribe may be represented by an
individual authorized by the tribe to act on its behalf, regardless of whether the individual is
licensed to practice law.
(2) In accordance with the Colorado rules of civil procedure, an attorney who is not barred
from practicing law in Colorado may appear on behalf of a tribe in any child custody proceeding
involving an Indian child without associating with local counsel or without paying a fee to
appear pro hac vice.
(3) Notwithstanding this article 1.2 to the contrary, pursuant to subsection (1) of this section,
a tribe may notify the court, in writing or orally on the record, that the tribe withdraws as a party
to the proceeding.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1801, § 2, effective August 6.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-1.2-114. Right to examine documents - compliance regarding an Indian child.
(1) If there is reason to know that a child who is the subject of a child custody proceeding is
an Indian child, each party has the right to timely examine all reports or other documents as
outlined in the applicable rules of discovery unless precluded pursuant to state or federal law.
(2) Regardless of whether a tribe is a party in any child custody proceeding involving an
Indian child, the Indian child's tribe must have access to all reports or other documents regarding
the Indian child. Any reports or other documents regarding the Indian child must be provided,
upon request, to the tribe free of cost.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1802, § 2, effective August 6.
19-1.2-115. Qualified expert witnesses.
(1) In a child custody proceeding that requires the testimony of a qualified expert witness,
the petitioning or filing party shall seek a qualified expert witness from the Indian child's tribe
and may, when appropriate, contact the federal bureau of Indian affairs and request that the tribe
or bureau identify one or more individuals who meet the criteria described in subsection (3) or
(4) of this section and make a record of that contact either in writing or orally on the record.
(2) At a hearing pursuant to section 19 -1.2-123 or 19 -1.2-125, if the court has found that
there is reason to know that a child is an Indian child, at least one expert witness must be
qualified to testify regarding:
(a) Whether the continued custody of the Indian child by the Indian child's parent or Indian
custodian is likely to result in serious emotional or physical damage to the Indian child; and
(b) The prevailing social and cultural standards and child-rearing practices of the Indian
child's tribe.
(3) For the purposes of this section, a qualified expert witness is not required to have
knowledge of social and cultural standards of the Indian child's tribe only if such knowledge is
plainly irrelevant to the particular circumstances at issue in the proceeding. The Indian child's
tribe may designate an individual as being qualified to testify to the prevailing social and cultural
standards of the Indian child's tribe.
(4) If the Indian child's tribe has not identified a qualified expert witness, the following
individuals, in order of priority, may testify as a qualified expert witness:
(a) A member of the Indian child's tribe or another individual who is recognized by the tribe
as knowledgeable about tribal customs regarding family organization and child-rearing practices;
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(b) An individual who has substantial experience in the delivery of child and family services
to Indians and extensive knowledge of prevailing social and cultural standards and child -rearing
practices in the Indian child's tribe; or
(c) An individual who has substantial experience in the delivery of child and family services
to Indians and extensive knowledge of prevailing social and cultural standards and child -rearing
practices in Indian tribes with cultural similarities to the Indian child's tribe.
(5) An Indian child's tribe must be provided the opportunity to question the qualified expert
witness in all hearings involving the Indian child, regardless of whether the Indian child's tribe
has intervened pursuant to section 19-1.2-113.
(6) For the purposes of this section, a petitioning or filing party or an employee of the
petitioning or filing party may not serve as a qualified expert witness.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1802, § 2, effective August 6.
19-1.2-116. Jurisdiction.
(1) Except as otherwise provided in this section, the court's jurisdiction pursuant to this
article 1.2 in a case involving an Indian child is concurrent with the Indian child's tribe.
(2) The Indian child's tribe has exclusive jurisdiction in a case involving an Indian child if:
(a) The Indian child is a ward of a tribal court of the tribe; or
(b) The Indian child resides or is domiciled on the tribe's reservation.
(3) Notwithstanding subsection (2) of this section, the court has temporary emergency
jurisdiction over an Indian child who is taken into protective custody pursuant to section 19 -1.2-
110 or 19-3-201, or part 4 of article 3 of this title 19.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1803, § 2, effective August 6.
19-1.2-117. Determination of domicile and residence - tribal court jurisdiction.
(1) In a child custody proceeding involving an Indian child, the court shall determine and
issue an order regarding the Indian child's domicile or residence and whether the Indian child is
under a tribal court's jurisdiction.
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(2) The petitioning or filing party shall coordinate with the Indian child's tribe as necessary
to assist the court in making a determination pursuant to this section. If it is unclear which tribe
is the Indian child's tribe, the petitioning or filing party shall coordinate with each tribe with
which there is reason to know that the Indian child may be a member or eligible for membership
to assist the court in making the determination.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1803, § 2, effective August 6.
19-1.2-118. Motion to transfer to tribal court - objection.
(1) Except as otherwise provided in subsection (5) of this section, the court shall transfer a
child custody proceeding brought pursuant to this article 1.2 that involves an Indian child if, at
any time during the proceeding, the Indian child's parent, Indian custodian, or tribe petitions the
court to transfer the proceeding to the tribal court, unless good cause is shown to deny the
transfer.
(2) Upon receipt of a transfer motion, the court shall contact the Indian child's tribe and
request a timely response regarding whether the tribe intends to decline the transfer.
(3) (a) If a party objects in writing to the transfer motion, the court shall set a hearing on the
objections to the motion. In determining whether there is good cause to deny transfer of
jurisdiction to a tribal court, the court shall engage in a fact -specific inquiry, determined on a
case-by-case basis as set forth in subsection (4) of this section.
(b) At the hearing, the objecting party has the burden of proof of establishing by clear and
convincing evidence that good cause exists to deny the transfer.
(c) If the Indian child's tribe contests the assertion that good cause exists to deny the transfer,
the court shall give the tribe's argument substantial weight.
(d) When making a determination whether good cause exists to deny the transfer motion, the
court must not consider:
(I) Whether the proceeding is at an advanced stage;
(II) Whether there has been a prior proceeding involving the Indian child in which a transfer
motion was not filed;
(III) Whether the transfer could affect the placement of the Indian child;
(IV) The Indian child's cultural connections with the tribe or the tribe's reservation;
(V) The socioeconomic conditions of the Indian child's tribe or any negative perception of
the tribe's or the federal bureau of Indian affairs's social services or judicial systems; or
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(VI) Whether the transfer serves the best interests of the Indian child.
(4) Absent extraordinary circumstances, good cause to deny transfer to a tribal court must be
based on one or both of the following factors:
(a) The Indian child's tribe does not have a tribal court or any other administrative body that
is vested with authority over child custody proceedings to which the case can be transferred, and
no other tribal court has been designated by the Indian child's tribe to hear child custody
proceedings; or
(b) The evidence necessary to decide the case could not be adequately presented in the tribal
court without undue hardship to the parties or the witnesses, and the tribal court is unable to
mitigate the hardship by any means permitted in the tribal court's rules. Without evidence of
undue hardship, travel distance alone is not a basis for denying a transfer motion.
(5) (a) The court shall deny the transfer motion if:
(I) The tribe declines the transfer in writing or orally on the record;
(II) One of the Indian child's parents objects to the transfer; or
(III) After a hearing, the court finds by clear and convincing evidence that good cause exists
to deny the transfer.
(b) Notwithstanding subsection (5)(a)(II) of this section, the objection of the Indian child's
parent does not preclude the transfer if:
(I) The objecting parent dies or the objecting parent's parental rights are terminated and have
not been restored; and
(II) The Indian child's remaining parent, Indian custodian, or tribe files a new transfer motion
subsequent to the death or termination of parental rights of the objecting parent.
(6) If the court denies a transfer motion pursuant to this section, the court shall document the
basis for the denial in a written order.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1804, § 2, effective August 6.
19-1.2-119. Requirements if transfer to tribal court granted.
(1) Upon granting a motion to transfer pursuant to section 19 -1.2-118, the court shall
expeditiously:
(a) Notify the tribal court of the pending dismissal of the child custody proceeding;
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(b) Transfer all information regarding the proceeding, including pleadings and court records,
to the tribal court; and
(c) If the Indian child is alleged to be within the jurisdiction of the court pursuant to section
19-1.2-116, direct the petitioning or filing party to:
(I) Coordinate with the tribal court and the Indian child's tribe to ensure that the transfer of
the proceeding and the transfer of custody of the Indian child is accomplished with minimal
disruption of services to the Indian child and the Indian child's family; and
(II) Expeditiously provide at no cost to the appropriate tribal agency:
(A) All records and original documents in the petitioning or filing party's possession that are
related to the Indian child, including a birth certificate, social security card, certificate of Indian
birth, and other similar documents;
(B) Documentation related to the Indian child's eligibility for state and federal assistance;
and
(C) The entire case record for the Indian child that the petitioning or filing party possesses.
(2) The court shall dismiss the proceeding with prejudice upon confirmation from the tribal
court that the tribal court received the required transferred information.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1805, § 2, effective August 6.
19-1.2-120. Placement preferences - cultural compact - confidentiality.
(1) If the parental rights of an Indian child's parents have not been terminated and the Indian
child is in need of placement or continuation in substitute care, the Indian child must be placed in
the least restrictive setting that:
(a) Most closely approximates a family, taking into consideration sibling attachment;
(b) Allows the Indian child's special needs, if any, to be met;
(c) Subject to subsection (1)(d)(II)(C) of this section, is in reasonable proximity to the Indian
child's home, extended family, or siblings; and
(d) (I) Except as provided in subsection (3) of this section, is in accordance with the order of
preference established by the Indian child's tribe; or
(II) If the Indian child's tribe has not established placement preferences, is in accordance
with the following order of preference:
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(A) The Indian child's noncustodial parent;
(B) A member of the Indian child's extended family;
(C) A foster home licensed, approved, or specified by the Indian child's tribe;
(D) Another member of the Indian child's tribe;
(E) Another Indian family with whom the Indian child has a relationship;
(F) An Indian family from a tribe that is culturally similar or linguistically connected to the
Indian child's tribe;
(G) A foster home licensed or approved by a licensing authority in this state and in which
one or more of the licensed or approved foster parents is an Indian; or
(H) An institution for children that has a program suitable to meet the Indian child's needs
and is approved by an Indian tribe or operated by an Indian organization.
(2) If the parental rights of the Indian child's parents have been terminated or if an Indian
child is in need of guardianship pursuant to part 2 of article 14 of title 15 or adoptive placement,
except as provided for in subsection (3) of this section, the Indian child must be placed:
(a) In accordance with the order of preference established by the Indian child's tribe; or
(b) If the Indian child's tribe has not established placement preferences, according to the
following order of preference:
(I) With a member of the Indian child's extended family;
(II) With other members of the Indian child's tribe;
(III) With a member or citizen of an Indian tribe in which the Indian child is eligible for
membership or citizenship but that is not the Indian child's tribe;
(IV) With another Indian family with whom the Indian child has a relationship;
(V) With an Indian family from a tribe that is culturally similar or linguistically connected to
the Indian child's tribe; or
(VI) With another Indian family.
(3) (a) A party may file a motion with the court requesting authority to place the Indian child
contrary to the placement preferences set forth in subsection (1) or (2) of this section. The motion
must detail the reasons the party asserts that good cause exists for placement contrary to the
placement preferences set forth in subsection (1) or (2) of this section.
(b) Upon the filing of an objection to a motion filed pursuant to subsection (3)(a) of this
section, the court shall set the time for a hearing on the objections.
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(c) If the court determines that the moving party has established its burden by clear and
convincing evidence that there is good cause to depart from the placement preferences set forth
in subsection (1) or (2) of this section, the court may authorize an alternative placement.
(d) The court's determination pursuant to subsection (3)(c) of this section:
(I) Must be in writing and based on one or more of the following factors:
(A) The preferences of the Indian child, if the Indian child is of sufficient age and capacity to
understand the decision that is being made;
(B) The presence of a sibling attachment that cannot be maintained through a placement
consistent with the placement preferences set forth in subsection (1) or (2) of this section;
(C) Any extraordinary physical, mental, or emotional needs of the Indian child that require
specialized treatment services if, despite active efforts, those services are unavailable in the
community where families who meet the placement preferences set forth in subsection (1) or (2)
of this section reside;
(D) A finding based on the testimony of the child placement agency or the petitioning or
filing party that a diligent search has been conducted and that a placement meeting the placement
preferences set forth in subsection (1) or (2) of this section is unavailable, as determined by the
prevailing social and cultural standards of the Indian community in which the Indian child's
parent or extended family resides or maintains social and cultural ties; or
(E) The placement request of the Indian child's parent, after the Indian child's parent has
reviewed the placement options, if any comply with the placement preferences set forth in
subsection (1) or (2) of this section;
(II) Must allow the court to retain discretion to find that good cause does not exist even if
one or more of the factors in subsection (3)(d)(I) of this section are present;
(III) Must, in applying the placement preferences set forth in subsection (1) or (2) of this
section, give weight to the Indian child's parent's request for anonymity if the placement is an
adoptive placement to which the Indian child's parent has consented; and
(IV) May not be based:
(A) On the socioeconomic conditions of the Indian child's tribe;
(B) On any perception of the tribe's or federal bureau of Indian affairs's social services or
judicial systems;
(C) On the distance between a placement that meets the placement preferences set forth in
subsection (1) or (2) of this section that is located on or near a reservation and the Indian child's
parent, except if the placement would undermine reunification efforts; or
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(D) Solely on the ordinary bonding or attachment between the Indian child and a non -
preferred placement arising from time spent in the non-preferred placement.
(4) The court, on the court's own motion or the motion of any party, shall make a
determination pursuant to this section regarding the Indian child's placement if the court or the
moving party has reason to know that the Indian child was placed contrary to the placement
preferences set forth in subsection (1) or (2) of this section without good cause. A motion made
pursuant to this subsection (4) may be made in writing or orally on the record.
(5) To ensure that this article 1.2 is fully implemented and that all Indian children have the
opportunity to maintain strong connections to their culture, if the household into which an Indian
child is placed for adoption or guardianship does not include a parent who is a member of the
Indian child's tribe, the court shall require the parties to the adoption to enter a cultural compact
at the discretion of the Indian child's tribe, or otherwise develop a plan that documents the
parties' agreement regarding how the Indian child will continue to actively participate in the
Indian child's cultural learning and activities, and engagement with family members. Each
cultural compact or plan must be specific to the Indian child; must consider the Indian child's
mental, physical, and emotional needs, including the Indian child's preferences; and must take
into account the Indian child's understanding as the Indian child grows and matures. The cultural
compact or plan is considered a post -adoption contact agreement in accordance with section 19 -
5-208 (4.5) and enforceable in accordance with section 19-5-217.
(6) A confidentiality requirement, if any, does not relieve the court or any petitioners in an
adoption proceeding from the duty to comply with the placement preferences set forth in this
section if the child is an Indian child.
(7) A confidentiality requirement, if any, does not prevent an adult adoptee, adult descendant
of an adoptee, or another eligible party from obtaining unredacted copies of adoption records
pursuant to section 19-5-305.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1806, § 2, effective August 6.
L. 2026: (1)(d)(II)(A) amended, (SB 26-169), ch. 311, p. 1801, § 15, effective August 12.
19-1.2-121. Order to vacate judgment.
(1) A petition to vacate an order or a judgment involving an Indian child regarding
jurisdiction in accordance with sections 19 -1.2-116 and 19-1.2-118, placement, guardianship, or
the termination of parental rights may be filed in a pending child custody proceeding involving
the Indian child or, if a child custody proceeding is not pending, in any state or local court of
competent jurisdiction by:
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(a) The Indian child who was alleged to be within the court's jurisdiction pursuant to section
19-1.2-116;
(b) The Indian child's parent or Indian custodian from whose custody the Indian child was
removed or whose parental rights were terminated; or
(c) The Indian child's tribe.
(2) (a) The court shall vacate an order or judgment involving an Indian child regarding
jurisdiction in accordance with sections 19 -1.2-116 and 19-1.2-118, placement, guardianship, or
the termination of parental rights if the court determines that any provision of this article 1.2 has
been violated.
(b) If the vacated order or judgment resulted in the removal or placement of the Indian child,
the court shall order the child returned to the Indian child's parent or Indian custodian as soon as
possible, and the court's order must include a transition plan for the physical custody of the child,
unless the court determines that a hearing is to be held within twenty -eight days in accordance
with 25 U.S.C. sec. 1912 (e) and section 19 -1.2-123 to determine if the return of the Indian child
is appropriate. The transition plan may include protective custody pursuant to section 19-3-405.
(c) If the vacated order or judgment terminated parental rights, the court shall order the
previously terminated parental rights to be restored.
(d) If the state or any other party affirmatively asks the court to reconsider the issues under
the vacated order or judgment, the court's findings or determinations must be readjudicated by
the court that is reconsidering whether there has been abuse or neglect sufficient to allow the
Indian child to be removed pursuant to this article 1.2.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1809, § 2, effective August 6.
19-1.2-122. Determination of whether an Indian child has been improperly removed or
retained - remedy.
(1) The court, on the court's own motion or on the motion of any party, shall expeditiously
determine whether an Indian child who is asserted to be within the court's jurisdiction pursuant to
section 19 -1.2-116 has been improperly removed or improperly retained following a visit or
temporary relinquishment of custody. A motion pursuant to this section may be made orally or in
writing.
(2) If the court finds that the Indian child has been improperly removed or improperly
retained, the court shall order the petitioning or filing party to immediately return the Indian
child to the Indian child's parent or Indian custodian and dismiss the proceeding, unless the court
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determines that doing so would subject the Indian child to substantial and immediate danger or a
threat of substantial and immediate danger. In such a case, the court shall hold a hearing within
twenty-eight days in accordance with 25 U.S.C. sec. 1912 (e) and section 19 -1.2-123 to
determine if the return of the Indian child is appropriate.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1810, § 2, effective August 6.
19-1.2-123. Foster care placement.
(1) For a court to order foster care placement in a child custody proceeding involving an
Indian child:
(a) The court must find by clear and convincing evidence, including the testimony of one or
more qualified expert witnesses, that the Indian child's continued custody by the Indian child's
parent or Indian custodian is likely to result in serious emotional or physical damage to the
Indian child; and
(b) The court must determine that the evidence required by subsection (1)(a) of this section
shows a causal relationship between the particular conditions in the Indian child's domicile or
residence and the likelihood that the continued custody of the Indian child in that domicile or
residence will result in serious emotional or physical damage to the Indian child who is the
subject of the child custody proceeding.
(2) Without a causal relationship shown pursuant to subsection (1)(b) of this section, if the
evidence shows only the existence of community or family poverty, isolation, single parenthood,
custodian age, crowded or inadequate housing, substance abuse, or nonconforming social
behavior, such evidence does not by itself constitute the clear and convincing evidence required
for a finding that continued custody is likely to result in serious emotional or physical damage to
the Indian child.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1811, § 2, effective August 6.
19-1.2-124. Tribal customary adoption.
(1) If the Indian child's parent, Indian custodian, or tribe provides notice to the court and the
parties in writing or orally on the record that the Indian child's parent, Indian custodian, or tribe
is pursuing a tribal customary adoption as a resolution to the child custody proceeding, the Indian
child's parent, Indian custodian, or tribe must secure a motion to transfer the case to tribal court
pursuant to section 19 -1.2-118 within sixty -three days after receiving the notice. If the Indian
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child's parent, Indian custodian, or tribe does not secure a motion to transfer the case within
sixty-three days, the court may consider other permanency or placement options pursuant to this
article 1.2 as a resolution to the child custody proceeding. Failure to secure the motion to transfer
the case within sixty -three days does not prevent the Indian child's parent, Indian custodian, or
tribe from filing a motion to transfer the case to a tribal court at a later date.
(2) Upon the request of the Indian child's tribe or another party to the case in which the tribal
customary adoption was issued, the court shall certify a tribal customary adoption order and treat
the order in accordance with the full faith and credit provisions set forth in section 19-1.2-131.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1811, § 2, effective August 6.
19-1.2-125. Termination of parental rights - tribal customary adoption exemption.
(1) Upon the filing of a motion to terminate the parent-child legal relationship, the court shall
make a finding, subject to the procedures described in section 19 -1.2-107 (2) and (3), regarding
whether there is reason to know that the child is an Indian child.
(2) (a) If there is a finding that there is reason to know that the child is an Indian child, in
addition to the statutory criteria outlined in section 19 -3-604 and part 1 of article 5 of this title
19, the court shall make findings, supported by evidence beyond a reasonable doubt, including
the testimony of one or more qualified expert witnesses, that the parents' continued custody of
the Indian child is likely to result in serious emotional or physical damage to the child.
(b) The court may not enter an order terminating parental rights of an Indian child unless:
(I) The court has offered the parties the opportunity to participate in mediation;
(II) Active efforts to reunite the Indian family did not eliminate the necessity for termination
based on serious emotional or physical damage to the Indian child; and
(III) The court has considered and eliminated any less drastic alternatives to termination,
including, but not limited to, allocation of parental responsibilities, guardianship, and tribal
customary adoption.
(3) The evidence required pursuant to this section must show a causal relationship between
the particular conditions in the Indian child's home and the likelihood that continued custody of
the Indian child by the Indian child's parent or parents will result in serious emotional or physical
damage to the particular Indian child who is the subject of the child custody proceeding.
Evidence that shows the existence of community or family poverty, isolation, single parenthood,
custodian age, crowded or inadequate housing, substance abuse, or nonconforming social
behavior does not, by itself, establish a causal relationship as required by this section.
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(4) A petitioning or filing party filing a motion to terminate parental rights of an Indian child
shall document in the motion what efforts have been made to explore tribal customary adoption
pursuant to section 19-1.2-124.
(5) If requested by the tribe, the termination order must include a provision that the
petitioning or filing party maintain connections between the Indian child and the Indian child's
tribe.
(6) The rights of one parent may be terminated without affecting the rights of the other
parent.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1811, § 2, effective August 6.
19-1.2-126. Voluntary consent - foster care placement, relinquishment of parental
rights, or adoption - requirements - when not valid.
(1) When a parent or Indian custodian voluntarily consents to a foster care, pre -adoptive, or
adoptive placement or to terminate parental rights, the consent is not valid unless executed in
writing and recorded before a judge of a court of competent jurisdiction and accompanied by the
judge's certificate that the terms and consequences of the consent were fully explained in detail
and fully understood by the parent or Indian custodian. The court shall also certify that either the
parent or Indian custodian fully understood the explanation in English or that it was interpreted
into a language that the parent or Indian custodian understood. Any consent given prior to, or
within ten days after, birth of the Indian child is not valid.
(2) A parent or Indian custodian may withdraw consent to a foster care placement pursuant to
state law at any time, and, upon such withdrawal, the Indian child must be returned to the parent
or Indian custodian.
(3) In a voluntary proceeding for termination of parental rights to, or adoptive placement of,
an Indian child, the consent of the Indian child's parent may be withdrawn for any reason at any
time prior to the entry of a final decree of termination of parental rights or adoption, as the case
may be, and the Indian child must be returned to the Indian child's parent.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1812, § 2, effective August 6.
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19-1.2-127. Tribal-state agreements - purpose - requirements.
(1) (a) The state department shall continue to make good faith efforts to follow and revise
tribal-state child welfare agreements with the Southern Ute Indian Tribe and the Ute Mountain
Ute Indian Tribe. The state department shall revise a tribal -state child welfare agreement upon
the request of, and in conjunction with, the requesting Indian tribe.
(b) The state department may also enter into a tribal -state child welfare agreement with any
Indian tribe outside of Colorado that has a significant number of member children or
membership-eligible children residing in this state.
(2) The purposes of a tribal -state child welfare agreement are to promote the continued
existence and integrity of the Indian tribe as a political entity and to protect the vital interests of
Indian children in securing and maintaining political, cultural, and social relationships with their
tribe and family.
(3) A tribal -state child welfare agreement may include agreements regarding default
jurisdiction over cases in which the state courts and tribal courts have concurrent jurisdiction; the
transfer of cases between state courts and tribal courts; the assessment, removal, placement,
custody, and adoption of Indian children; and any other child welfare services provided to Indian
children.
(4) A tribal-state child welfare agreement must:
(a) Provide for the cooperative delivery of child welfare services to Indian children in
Colorado, including the utilization, to the extent available, of services provided by the Indian
tribe or an organization whose mission is to serve the American Indian or Alaska Native
population to implement the terms of the tribal-state child welfare agreement; and
(b) If services provided by the Indian tribe or an organization whose mission is to serve the
American Indian or Alaska Native population are unavailable, provide for the state department's
use of community services and resources developed specifically for Indian families and that have
the demonstrated capacity to provide culturally relevant and effective services to Indian children.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1813, § 2, effective August 6.
19-1.2-128. Collateral attack.
(1) After the entry of a final decree of adoption of an Indian child, the Indian child's parent
may withdraw consent upon the grounds that consent was obtained through fraud or duress and
may petition the court to vacate the decree.
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(2) Upon a finding that consent was obtained through fraud or duress, the court shall vacate
the decree of adoption and order the return of the Indian child to the Indian child's parent.
(3) An adoption that has been effective for at least two years shall not be invalidated
pursuant to this section unless otherwise permitted by state law.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1814, § 2, effective August 6.
19-1.2-129. Report.
(1) The state department shall compile any information that relates to the implementation of
this article 1.2 and is required pursuant to 45 CFR 1355.44 concerning the adoption and foster
care analysis and reporting system.
(2) (a) On or before July 1, 2027, and every odd -numbered year thereafter, the judicial
department shall provide the following information for the prior two -year period to the state
department:
(I) The number of Indian children involved in dependency and neglect proceedings;
(II) The dates out-of-home placement were ordered for Indian children in protective custody;
(III) The ratio of Indian children to non-Indian children in protective custody; and
(IV) The number of cases that were transferred to a tribal court pursuant to sections 19 -1.2-
118 and 19-1.2-119.
(b) On or before September 15, 2027, and every odd -numbered year thereafter, the state
department shall compile the following information for the prior two-year period:
(I) Which tribes the Indian children who were in protective custody were members of or
eligible for membership in;
(II) The number of Indian children in foster care;
(III) The number of Indian children placed in adoptive homes from the child welfare system;
and
(IV) The number of available placements and common barriers to recruitment and retention
of appropriate placements.
(c) No later than December 1, 2027, and every even -numbered year thereafter, the state
department shall report the findings of the information compiled pursuant to subsections (2)(a)
and (2)(b) of this section to the house of representatives health and human services committee,
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the house of representatives judiciary committee, the senate health and human services
committee, and the senate judiciary committee, or their successor committees.
(3) Notwithstanding the requirement in section 24 -1-136 (11)(a)(I), the report required
pursuant to this section continues indefinitely.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1814, § 2, effective August 6.
Editor's note: Subsection (3) was originally numbered as (2) in HB 25 -1204 but was
renumbered on revision for ease of location.
19-1.2-130. Conflict of laws.
(1) Except as provided in section 19 -5-305, if any provision of this article 1.2 is found to
provide a lower standard of protection to the rights of an Indian child or the Indian child's parent,
Indian custodian, or tribe than the federal "Indian Child Welfare Act of 1978":
(a) The higher standard of protection in the federal "Indian Child Welfare Act of 1978"
controls; and
(b) The conflicting provision does not render any remaining provisions of this article 1.2
inoperative that provide a higher standard of protection than the federal "Indian Child Welfare
Act of 1978".
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1815, § 2, effective August 6.
19-1.2-131. Full faith and credit.
The court shall give full faith and credit to the public acts, records, and judicial proceedings of
an Indian tribe applicable to an Indian child custody proceeding, including, but not limited to,
tribal customary adoptions, to the same extent that the state gives full faith and credit to the
public acts, records, and judicial proceedings of any other governmental entity. By granting full
faith and credit pursuant to this section, a tribal court order is enforceable pursuant to sections
13-53-102 and 13-53-103.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1815, § 2, effective August 6.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-224-
19-1.2-132. Rules.
The department of human services and the judicial department may adopt rules as necessary to
implement this article 1.2.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1815, § 2, effective August 6.
ARTICLE 1.5
Task Force Study to Recodify Code
19-1.5-101 to 19-1.5-106. (Repealed)
Editor's note: (1) This article was added in 1994 and was not amended prior to its repeal in
1997. For the text of this article prior to 1997, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 19 -1.5-106 provided for the repeal of this article, effective July 1, 1997. (See L.
94, p. 1479.)
ARTICLE 2
The Colorado Juvenile Justice System
19-2-101 to 19-2-1305. (Repealed)
Source: L. 2021: Entire article repealed, (SB 21 -059), ch. 136, p. 557, § 1, effective October
1.
Editor's note: (1) This title 19 was repealed and reenacted in 1987, and this article 2 was
subsequently amended with relocations in 1996, effective January 1, 1997. For amendments to
this article 2 prior to its repeal in 2021, consult the 2020 Colorado Revised Statutes and the
Colorado statutory research explanatory note beginning on page vii in the front of this volume.
This article 2 was relocated to article 2.5 of this title 19. Former C.R.S. section numbers are
Colorado Revised Statutes 2026
Title 19 - Children's Code
-225-
shown in editor's notes following those sections that were relocated. For a detailed comparison of
this article 2, see the comparative tables located in the back of the index.
(2) (a) Changes by HB 21 -1090 to § 19 -2-104 (1)(a)(I) and (5) were harmonized with SB 21 -
059 and relocated to § 19 -2.5-103 (1)(a)(I) and (5), respectively, effective October 1, 2021. For
the law in effect from May 20, 2021, until the effective date of the relocation, see L. 2021, p.
901.
(b) (I) Changes by SB 21 -066 to § 19 -2-303 (1)(a), (2), (3)(d.5), (4), (4.5), (5), (6)(a), and (9)
were harmonized with SB 21 -059 and relocated to § 19 -2.5-402 (1)(a), (2), (3)(d.5), (4), (4.5),
(5), (6)(a), and (9), respectively, effective October 1, 2021. For the law in effect from April 29,
2021, until the effective date of the relocation, see L. 2021, p. 254.
(II) Changes by HB 21 -1108 to § 19 -2-303 (4)(c)(III) were harmonized with SB 21 -066. All
changes were subsequently harmonized with SB 21-059 and relocated to § 19-2.5-402 (4)(c)(III),
effective October 1, 2021. For the law in effect from September 7, 2021, until the effective date
of the relocation, see L. 2021, p. 891.
(c) Changes by SB 21 -066 to § 19-2-202 were harmonized with SB 21 -059 and relocated to §
19-2.5-1401, effective October 1, 2021. For the law in effect from April 29, 2021, until the
effective date of the relocation, see L. 2021, p. 254.
(d) Changes by SB 21 -071 to § 19 -2-212 IP(1)(a), (1)(a)(IV), (1)(a)(VIII), (1)(a)(IX),
(1)(a)(X), (1)(a)(XI), (1)(a)(XII), (1)(a)(XIII), (1)(a.5), (1)(b)(I), and (3) were harmonized with
SB 21-059 and relocated to § 19-2.5-1404 IP(1)(a), (1)(a)(IV), (1)(a)(VIII), (1)(a)(IX), (1)(a)(X),
(1)(a)(XI), (1)(a)(XII), (1)(a)(XIII), (1)(a.5), (1)(b)(I), and (3), respectively, effective October 1,
2021. For the law in effect from July 6, 2021, until the effective date of the relocation, see L.
2021, p. 3336.
(e) Changes by SB 21 -071 to § 19 -2-503 (3) were harmonized with SB 21 -059 and relocated
to § 19-2.5-204 (3), effective October 1, 2021. For the law in effect from July 6, 2021, until the
effective date of the relocation, see L. 2021, p. 3333.
(f) (I) Changes by SB 21 -071 to § 19-2-508 (3)(a)(VII)(C), (4)(e)(I), and (5) were harmonized
with SB 21 -059 and relocated to § 19 -2.5-305 (3)(a)(VII)(C), (4)(e)(I), and (5), respectively,
effective October 1, 2021. For the law in effect from July 6, 2021, until the effective date of the
relocation, see L. 2021, p. 3333.
(II) Changes by HB 21 -1187 to § 19 -2-508 (3)(b)(I) were harmonized with SB 21 -059 and
relocated to § 19-2.5-305 (3)(b)(I), effective July 1, 2024.
(g) Changes by SB 21 -071 to § 19 -2-509 IP(1), (2), (3), (4), (5), (6), (7), (8), and (10) were
harmonized with SB 21 -059 and relocated to § 19 -2.5-306 IP(1), (2), (3), (4), (5), (6), (7), (8),
and (9), respectively, effective October 1, 2021. For the law in effect from July 6, 2021, until the
effective date of the relocation, see L. 2021, p. 3334.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-226-
(h) Changes by HB 21-1187 to § 19-2-906 (2) were harmonized with SB 21-059 and relocated
to § 19-2.5-1102 (2), effective July 1, 2024.
(i) Changes by HB 21-1214 to § 19-2-927 (9) were harmonized with SB 21 -059 and relocated
to § 19 -2.5-910 (9), effective October 1, 2021. For the law in effect from September 7, 2021,
until the effective date of the relocation, see L. 2021, p. 3029.
(j) Changes by SB 21 -071 to § 19 -2-1201 (4) and (5) were harmonized with SB 21 -059 and
relocated to § 19 -2.5-1514 (4) and (5), respectively, effective October 1, 2021. For the law in
effect from July 6, 2021, until the effective date of the relocation, see L. 2021, p. 3335.
(k) Changes by SB 21 -071 to § 19 -2-1202 IP(1) and (1)(b) were harmonized with SB 21 -059
and relocated to § 19 -2.5-1405 IP(1) and (1)(b), respectively, effective October 1, 2021. For the
law in effect from July 6, 2021, until the effective date of the relocation, see L. 2021, p. 3335.
(l) Changes by SB 21 -071 to § 19-2-1303 (4) were harmonized with SB 21 -059 and relocated
to § 19-2.5-704 (4), effective October 1, 2021. For the law in effect from July 6, 2021, until the
effective date of the relocation, see L. 2021, p. 3336.
(3) (a) Section 19 -2-103 (7) was repealed in HB 21 -1315. That repeal was superseded by the
repeal of this article 2 in SB 21 -059, effective October 1, 2021. For the repeal of § 19 -2-103 (7)
in HB 21-1315 in effect from July 6, 2021, to October 1, 2021, see chapter 461, Session Laws of
Colorado 2021. (L. 2021, p. 3113.)
(b) Section 19 -2-104 (9) was added in SB 21 -271, effective March 1, 2022. However, that
section was superseded by the repeal of this article 2 in SB 21-059, effective October 1, 2021.
(c) Section 19 -2-114 (1)(a), (1)(b), (2), and (3) was amended in HB 21 -1315. Those
amendments were superseded by the repeal of this article 2 in SB 21 -059, effective October 1,
2021. For the amendments to § 19-2-114 (1)(a), (1)(b), (2), and (3) in HB 21-1315 in effect from
July 6, 2021, to October 1, 2021, see chapter 461, Session Laws of Colorado 2021. (L. 2021, p.
3106.)
(d) Section 19-2-115 was added in HB 21 -1315. That section was superseded by the repeal of
this article 2 in SB 21 -059, effective October 1, 2021. For § 19 -2-115 in HB 21 -1315 in effect
from July 6, 2021, to October 1, 2021, see chapter 461, Session Laws of Colorado 2021. (L.
2021, p. 3115.)
(e) Section 19 -2-303 (7) was amended in SB 21 -066, effective July 1, 2023. However, that
section was superseded by the repeal of this article 2 in SB 21-059, effective October 1, 2021.
(f) Section 19 -2-508 IP(3)(a)(VII) was amended in SB 21 -071. Those amendments were
superseded by the repeal of this article 2 in SB 21 -059, effective October 1, 2021. For the
amendments to § 19-2-508 IP(3)(a)(VII) in SB 21 -071 in effect from July 6, 2021, to October 1,
2021, see chapter 463, Session Laws of Colorado 2021. (L. 2021, p. 3333.)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-227-
(g) Section 19 -2-518 (1)(d) was repealed and reenacted in HB 21 -1091. That repeal and
reenactment was superseded by the repeal of this article 2 in SB 21 -059, effective October 1,
2021. For the repeal and reenactment of § 19-2-518 (1)(d) in HB 21-1091 in effect from May 24,
2021, to October 1, 2021, see chapter 175, Session Laws of Colorado 2021. (L. 2021, p. 954.)
(h) Section 19 -2-706 (2)(b) was repealed in HB 21 -1315. That repeal was superseded by the
repeal of this article 2 in SB 21 -059, effective October 1, 2021. For the repeal of § 19 -2-706
(2)(b) in HB 21 -1315 in effect from July 6, 2021, to October 1, 2021, see chapter 461, Session
Laws of Colorado 2021. (L. 2021, p. 3108.)
(i) Section 19-2-905 (4) was amended in HB 21-1315. Those amendments were superseded by
the repeal of this article 2 in SB 21 -059, effective October 1, 2021. For the amendments to § 19 -
2-905 (4) in HB 21 -1315 in effect from July 6, 2021, to October 1, 2021, see chapter 461,
Session Laws of Colorado 2021. (L. 2021, p. 3111.)
(j) Section 19 -2-907 (6) was repealed in HB 21 -1315. That repeal was superseded by the
repeal of this article 2 in SB 21 -059, effective October 1, 2021. For the repeal of § 19 -2-907 (6)
in HB 21-1315 in effect from July 6, 2021, to October 1, 2021, see chapter 461, Session Laws of
Colorado 2021. (L. 2021, p. 3112.)
(k) Section 19-2-925 IP(2)(a), (2)(a)(VII), (2)(a)(VIII), and (2)(a)(IX) was amended in HB 21 -
1315. Those amendments were superseded by the repeal of this article 2 in SB 21 -059, effective
October 1, 2021. For the amendments to § 19 -2-925 IP(2)(a), (2)(a)(VII), (2)(a)(VIII), and
(2)(a)(IX) in HB 21 -1315 in effect from July 6, 2021, to October 1, 2021, see chapter 461,
Session Laws of Colorado 2021. (L. 2021, p. 3113.)
(l) Section 19 -2-925.6 IP(1), (3)(a), (4), and (6) was amended in HB 21 -1315. Those
amendments were superseded by the repeal of this article 2 in SB 21 -059, effective October 1,
2021. For the amendments to § 19 -2-925.6 IP(1), (3)(a), (4), and (6) in HB 21 -1315 in effect
from July 6, 2021, to October 1, 2021, see chapter 461, Session Laws of Colorado 2021. (L.
2021, p. 3110.)
ARTICLE 2.5
The Colorado Juvenile Justice System
PART 1
GENERAL PROVISIONS
19-2.5-101. Legislative declaration.
19-2.5-102. Definitions.
19-2.5-103. Jurisdiction.
19-2.5-104. Venue.
19-2.5-105. Representation of petitioner.
19-2.5-106. Victim's right to attend
dispositional, review, and
restitution proceedings.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-228-
19-2.5-107. Parental accountability -
legislative intent.
19-2.5-108. Effect of proceedings -
definition.
19-2.5-109. Saving clause.
19-2.5-110. Outstanding balances owed
by juveniles - report -
repeal. (Repealed)
PART 2
INVESTIGATIONS AND LAW
ENFORCEMENT
19-2.5-201. Preliminary investigation.
19-2.5-202. Consent to search.
19-2.5-203. Statements - definitions.
19-2.5-204. Issuance of a lawful warrant
taking a juvenile into
custody.
19-2.5-205. Search warrants - issuance -
grounds.
19-2.5-206. Search warrants - application.
19-2.5-207. Fingerprinting - juvenile
under arrest - ordered by
court - definition.
19-2.5-208. Petty tickets - summons -
contracts - data.
19-2.5-209. Taking juvenile into custody.
PART 3
DETENTION
19-2.5-301. Legislative declaration.
19-2.5-302. Local juvenile services
planning committee -
creation - duties -
identification and
notification of dually
identified crossover
youth.
19-2.5-303. Duty of officer - screening
teams - notification -
release or detention.
19-2.5-304. Limitations on detention.
19-2.5-305. Detention and shelter -
hearing - time limits -
findings - review -
guardian ad litem
appointed - confinement
with adult offenders -
restrictions.
19-2.5-306. Conditions of release -
personal recognizance
bond.
PART 4
DIVERSION
19-2.5-401. Diversion.
19-2.5-402. Juvenile diversion program -
authorized - report -
allocation of money -
legislative declaration -
definitions.
19-2.5-403. Juvenile diversion cash fund -
creation.
PART 5
INITIATION OF PROCEEDINGS
19-2.5-501. Summons - issuance -
contents - service -
legislative declaration.
19-2.5-502. Petition initiation - petition
form and content.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-229-
19-2.5-503. Aggravated juvenile offender.
PART 6
COURT PROCEEDINGS
19-2.5-601. Appointment of guardian ad
litem.
19-2.5-602. General procedure for
juvenile hearings.
19-2.5-603. Notification. (Repealed)
19-2.5-604. Open hearings.
19-2.5-605. Advisement - right to counsel
- waiver of right to
counsel - definition.
19-2.5-606. Preadjudication service
program - creation.
19-2.5-607. Mandatory protection order.
19-2.5-608. Fingerprinting - ordered by
court - definition.
19-2.5-609. Preliminary hearing -
dispositional hearing.
19-2.5-610. Right to jury trial.
19-2.5-611. Contempt - warrant -
legislative declaration.
19-2.5-612. Mental health services for
juvenile - how and when
issue raised - procedure -
definitions.
19-2.5-613. Advisement of services.
PART 7
COMPETENCY TO PROCEED
19-2.5-701. Legislative declaration.
19-2.5-701.5. Definitions.
19-2.5-702. Incompetent to proceed -
effect - how and when
raised.
19-2.5-703. Determination of
incompetency to proceed.
19-2.5-703.5. Waiver of privilege -
exchange of information -
admissibility of
statements.
19-2.5-704. Procedure after determination
of competency or
incompetency.
19-2.5-705. Restoration to competency
hearing.
19-2.5-706. Procedure after restoration to
competency hearing.
19-2.5-707. Evaluation at the request of
the juvenile.
PART 8
DIRECT FILING AND TRANSFER
HEARINGS
19-2.5-801. Direct filing - definition.
19-2.5-802. Transfers.
PART 9
ADJUDICATORY PROCEEDINGS
19-2.5-901. Informal adjustment.
19-2.5-902. Entry of plea.
19-2.5-903. Deferral of adjudication.
19-2.5-904. Speedy trial - procedural
schedule.
19-2.5-905. Evidentiary considerations.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-230-
19-2.5-906. Admissibility of evidence -
legislative declaration -
definitions.
19-2.5-907. Procedures at trial.
19-2.5-908. Method of jury selection.
19-2.5-909. Motion for new trial.
19-2.5-910. Adjudication - collateral
relief - application -
definitions.
PART 10
TEEN COURTS
19-2.5-1001. Short title.
19-2.5-1002. Definitions.
19-2.5-1003. Teen court program -
supervising courts.
19-2.5-1004. Procedures - hearings.
19-2.5-1005. Alternative procedures.
PART 11
SENTENCING
SUBPART A
IN GENERAL
19-2.5-1101. Presentence investigation.
19-2.5-1102. Sentencing hearing.
19-2.5-1103. Sentencing schedule -
options.
19-2.5-1104. Sentencing - restitution by
juvenile.
19-2.5-1105. Sentencing - fines.
19-2.5-1106. Sentencing - probation -
supervised community
service or work program.
19-2.5-1107. Juvenile probation officers -
powers and duties.
19-2.5-1108. Probation - terms - release -
revocation - graduated
responses system - rules -
report - definition.
19-2.5-1109. Juvenile probation standards
- development.
19-2.5-1110. Sentencing - requirements
imposed on parents -
definition.
19-2.5-1111. Sentencing - community
accountability program.
19-2.5-1112. Sentencing - placement with
relative.
19-2.5-1113. Sentencing - alternative
services - detention.
19-2.5-1114. Sentencing - placement based
on special needs of the
juvenile.
19-2.5-1115. Sentencing - legal custody -
county department of
human or social services.
19-2.5-1116. Orders - community
placement - reasonable
efforts required - reviews.
19-2.5-1117. Sentencing - commitment to
the department of human
services - definitions.
19-2.5-1118. Sentencing - persons eighteen
years of age or older -
county jail - community
corrections - definitions.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-231-
19-2.5-1118.5. Sentencing - alternative
options for pregnant and
postpartum juveniles -
legislative declaration -
definitions.
19-2.5-1119. Genetic testing of adjudicated
offenders - definitions.
19-2.5-1120. Cost of care.
19-2.5-1121. Fees for transporting
juveniles.
SUBPART B
OFFENSE-SPECIFIC SPECIALIZED
SENTENCING
19-2.5-1122. Sentencing - animal cruelty -
anger management
treatment.
19-2.5-1123. Sentencing - mandatory
detention - weapons and
crimes of violence.
19-2.5-1124. (Reserved)
SUBPART C
SENTENCING - SPECIAL OFFENDERS
19-2.5-1125. Petitions - special offenders.
19-2.5-1126. Sentencing - special
offenders.
19-2.5-1127. Aggravated juvenile offender
- definition.
PART 12
JUVENILE PAROLE
19-2.5-1200.3. Definitions.
19-2.5-1201. Juvenile parole board -
creation - membership -
authority - rules.
19-2.5-1202. Juvenile parole -
organization.
19-2.5-1203. Juvenile parole - hearing
panels - definition.
19-2.5-1204. Parole officers - powers -
duties.
19-2.5-1205. Administrative law judges.
19-2.5-1206. Parole violation and
revocation.
PART 13
APPEALS
19-2.5-1301. Appeals.
19-2.5-1302. Posttrial bail.
PART 14
ADMINISTRATION
SUBPART A
IN GENERAL
19-2.5-1401. Responsible agencies.
19-2.5-1402. Juvenile community review
board.
19-2.5-1403. Division of youth services -
community boards.
(Repealed)
19-2.5-1404. Working group for criteria for
placement of juvenile
offenders - establishment
of formula - review of
criteria - report.
19-2.5-1405. Working group - allocation of
beds.
19-2.5-1406. Juvenile probation
departments or divisions -
service agreements.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-232-
19-2.5-1407. Appropriations to department
of human services for
services to juveniles -
definition.
19-2.5-1407.3. Appropriation to the
department of human
services - allocation to
judicial districts -
provider incentives -
appropriation.
19-2.5-1407.5. Juvenile placement survey
and cost report - repeal.
SUBPART B
PROGRAMS
19-2.5-1408. Victim-offender conferences
- pilot program.
19-2.5-1408.5. Body-worn cameras - pilot
program - report.
19-2.5-1409. Juvenile intensive
supervision program -
creation - elements - role
of judicial department.
19-2.5-1410. Community accountability
program - legislative
declaration - creation.
19-2.5-1411. Parental responsibility
training programs -
criteria.
19-2.5-1412. Youth corrections monetary
incentives award program
- designated monetary
custodian.
PART 15
FACILITIES
SUBPART A
IN GENERAL
19-2.5-1501. Division of youth services -
created - interagency
agreements - duties of
administrators of facilities
in connection with voter
registration and casting of
ballots - reports -
definitions.
19-2.5-1502. Human services facilities -
authority.
19-2.5-1502.5. Bill of rights for youth in a
juvenile facility.
19-2.5-1503. Eminent domain - detention
facility site.
19-2.5-1504. Facility directors - duties.
19-2.5-1505. Juvenile facility employees -
rules.
19-2.5-1506. Detention center sexual
assault prevention
program - reports.
19-2.5-1507. Facilities - control and
restraint - liability - duty
to pursue runaways.
19-2.5-1508. Out-of-home placement -
runaways - duty to notify.
19-2.5-1509. Administration or monitoring
of medications to persons
in juvenile institutional
facilities.
19-2.5-1510. Facility publications.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-233-
SUBPART B
BEDS AND FACILITIES
19-2.5-1511. Juvenile detention services
and facilities to be
provided by department
of human services -
education - expenses -
definition.
19-2.5-1511.5. Policies concerning use of
telephones and other
communications services
by juvenile detention
facilities.
19-2.5-1512. Use of juvenile detention
beds.
19-2.5-1513. Juvenile detention facilities -
catchment areas.
19-2.5-1514. Juvenile detention bed cap.
19-2.5-1515. Judicial districts - plans for
the cap.
19-2.5-1516. Juvenile detention facilities -
behavioral or mental
health disorder screening.
19-2.5-1517. Transfer of detention
facilities and equipment.
SUBPART C
FACILITIES - COMMITMENT
19-2.5-1518. Commitment to department
of human services.
19-2.5-1519. Contracts and agreements
with public and private
agencies.
19-2.5-1520. Private facilities for juvenile
offenders - requests for
proposals - rules.
19-2.5-1521. Juvenile facility - contract for
operation. (Repealed)
19-2.5-1522. Juveniles committed to
department of human
services - emergency
release.
19-2.5-1523. Receiving centers -
designation.
19-2.5-1524. Juveniles - medical benefits
application assistance -
county of residence -
rules.
19-2.5-1525. Juveniles committed to
department of human
services - evaluation and
placement.
19-2.5-1526. Facility rules - academic and
vocational courses.
19-2.5-1527. Lookout Mountain school.
19-2.5-1528. Mount View school.
19-2.5-1529. Youth camps.
19-2.5-1530. Alternate placement.
19-2.5-1531. Juveniles committed to the
department of human
services - prohibition
against the use of
restraints on pregnant
juveniles.
19-2.5-1532. Juveniles committed to
department of human
services - transfers.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-234-
PART 1
GENERAL PROVISIONS
19-2.5-101. Legislative declaration.
(1) (a) The general assembly finds that the intent of this article 2.5 is to protect, restore, and
improve the public safety by creating a system of juvenile justice that will appropriately sanction
juveniles who violate the law and, in certain cases, will also provide the opportunity to bring
together affected victims, the community, and juvenile offenders for restorative purposes.
(b) The general assembly further finds that, while holding paramount the public safety, the
juvenile justice system must take into consideration the best interests of the juvenile, the victim,
and the community in providing appropriate treatment to reduce the rate of recidivism in the
juvenile justice system and to assist the juvenile in becoming a productive member of society.
(2) The general assembly finds that the public has the right to safe and secure homes and
communities and that when a delinquent act occurs, safety and security is compromised; and the
result is harm to the victim, the community, and the juvenile offender. The general assembly
finds that the juvenile justice system should seek to repair such harm and that victims and
communities should be provided with the opportunity to elect to participate actively in a
restorative process that would hold the juvenile offender accountable for the offense.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 557, § 2,
effective October 1.
Editor's note: This section is similar to former § 19 -2-102 (1) and (2) as it existed prior to
2021.
ANNOTATION
Law reviews. For note, "In re Gault and
the Colorado Children's Code", see 44 Den.
L. J. 644 (1967).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Design of the Colorado Children's
Code. The code was designed to benefit
youthful offenders. C.C.C. v. Dist. Court,
188 Colo. 437, 535 P.2d 1117 (1975).
Construction of the Colorado
Children's Code. The code should not be
construed to diminish the rights of youthful
Colorado Revised Statutes 2026
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offenders. C.C.C. v. Dist. Court, 188 Colo.
437, 535 P.2d 1117 (1975).
Procedural safeguards to curb
administrative abuse. Procedural
safeguards in article 2 were established to
curb possible abuse inherent in informal
administrative practices in an area involving
both the parents' and the child's rights.
P.F.M. v. Dist. Court, 184 Colo. 393, 520
P.2d 742 (1974).
The Colorado Children's Code requires
balancing. Because the code is for the
benefit and best interests of all Colorado's
children, a balancing effect must take place.
C.C.C. v. Dist. Court, 188 Colo. 437, 535
P.2d 1117 (1975).
There is a very fundamental difference
between a criminal proceeding and a
delinquency proceeding, and the clear
legislative intent is that the handling of
juvenile delinquents should be oriented
towards rehabilitation and reformation, and
not punishment as such, even though the
actions of the child if committed by an adult
would justify a criminal proceeding. People
ex rel. Terrell v. Dist. Court, 164 Colo. 437,
435 P.2d 763 (1967).
But juvenile cases must accord due
process. There is no constitutional
requirement that proceedings in juvenile
cases shall be conducted according to the
criminal law, or that proceedings need take
any particular form, so long as the essentials
of due process and fair treatment are
accorded. In re People in Interest of J.A.M.,
174 Colo. 245, 483 P.2d 362 (1971).
19-2.5-102. Definitions.
In addition to the terms defined in section 19 -1-103, as used in this article 2.5, unless the
context otherwise requires:
(1) "Adjudication" means a determination by the court that it has been proven beyond a
reasonable doubt to the trier of fact that a juvenile has committed a delinquent act or that a
juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction
must be pled and proven as an element of an offense or for purposes of sentence enhancement,
"adjudication" means conviction.
(2) "Adjudicatory trial" is defined in section 19-1-103.
(3) "Adult" is defined in section 19-1-103.
(4) "Basic identification information" is defined in section 19-1-103.
(5) "Behavioral health" has the same meaning as set forth in section 27-60-100.3.
(6) "Child" means a person under eighteen years of age.
(7) "Commit" is defined in section 19-1-103.
(8) Repealed.
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(9) "Cost of care" is defined in section 19-1-103.
(10) "County department" is defined in section 19-1-103.
(11) "Crossover youth plan" means the portion of the annual plan described in section 19 -
2.5-302 and devised in each judicial district by the juvenile services planning committee that
outlines identification and notification of dually identified crossover youth as described in
section 19-2.5-302.
(12) "Delinquent act" is defined in section 19-1-103.
(13) "Detention" is defined in section 19-1-103.
(14) "Determinate period" means that the department of human services may not transfer
legal or physical custody of a juvenile until the juvenile has completed the period of commitment
imposed by the court, unless otherwise ordered by the court; except that the department of
human services may release the juvenile on parole prior to completion of the determinate period,
pursuant to section 19-2.5-1203.
(15) "Diagnostic and evaluation center" means a facility for the examination and study of
persons committed to the custody of the department of human services.
(16) "Director" means the executive director of the department of public safety.
(17) (a) "Diversion" means a decision made by a person with authority or a delegate of that
person that results in specific official action of the legal system not being taken in regard to a
specific juvenile or child and in lieu thereof providing or referring the juvenile or child to an
individually designed program or activity, if necessary, provided by district attorneys' offices,
governmental units, or nongovernmental units. The goal of diversion is to prevent further
involvement of the juvenile or child in the formal legal system.
(b) Diversion of a juvenile or child may take place either at the prefiling level as an
alternative to the filing of a petition pursuant to section 19 -2.5-502 or postfiling as an alternative
to adjudication. Services may include restorative justice practices as defined in subsection (45) of
this section.
(18) "Division of youth services" or "division" means the division of youth services, created
in section 19-2.5-1501.
(19) "Dually identified crossover youth" means youth who are currently involved in the
juvenile justice system and the child welfare system or have a history in the child welfare system
that includes, but is not limited to, a family assessment response service plan or an open case.
(20) Repealed.
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(21) "Gang", as used in sections 19 -2.5-305 and 19 -2.5-1504, means a group of three or
more individuals with a common interest, bond, or activity characterized by criminal or
delinquent conduct, engaged in either collectively or individually.
(22) "Governmental unit", as used in sections 19 -2.5-402, 19 -2.5-1502, and 19 -2.5-1519,
means any county, city and county, city, town, judicial district attorney's office, or school district.
(23) "Guardian ad litem" is defined in section 19-1-103.
(24) "Halfway house" means a group care facility for juveniles who have been placed on
probation or parole pursuant to the terms of this article 2.5.
(25) Repealed.
(26) "Indian child" is defined in section 19-1-103.
(27) "Intellectual and developmental disability" means a disability that is manifested before
the person reaches his or her twenty -second birthday, that constitutes a substantial disability to
the affected individual, and that is attributable to an intellectual disability or other neurological
conditions when those conditions result in impairment of general intellectual functioning or
adaptive behavior similar to that of a person with an intellectual disability. Unless otherwise
specifically stated, the federal definition of "developmental disability", 42 U.S.C. sec. 15002 (8),
does not apply.
(28) "Juvenile" is defined in section 19-1-103.
(29) "Juvenile community review board" means any board appointed by a board of county
commissioners for the purpose of reviewing community placements pursuant to this article 2.5. A
juvenile community review board, if practicable, includes but is not limited to a representative
from a county department of human or social services, a local school district, a local law
enforcement agency, a local probation department, a local bar association, the division of youth
services, and private citizens.
(30) "Juvenile court" or "court" is defined in section 19-1-103.
(31) "Juvenile delinquent" means a juvenile who has been found guilty of a delinquent act.
(32) "Mental capacity" means a juvenile's capacity to meet all of the following criteria:
(a) Appreciate the charges or allegations against the juvenile;
(b) Appreciate the nature of the adversarial process, which includes having a factual and
rational understanding of the participants in the proceeding and their roles, including the judge,
defense counsel, prosecutor, and, if applicable, the guardian ad litem and the jury;
(c) Appreciate the range and nature of allowable dispositions that may be imposed by the
court;
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(d) Have the ability to communicate to counsel information known to the juvenile regarding
the allegations against the juvenile, as well as information relevant to the proceeding at issue;
and
(e) Understand and appreciate the right to testify and to voluntarily exercise the right.
(33) "Mental health disorder" means a substantial disorder of thought, mood, perception, or
cognitive ability that results in marked functional disability and significantly interferes with
adaptive behavior. "Mental health disorder" does not include acute intoxication from alcohol or
other substances, any condition manifested only by antisocial behavior, or any substance abuse
impairment resulting from recent use or withdrawal. However, substance abuse that results in a
long-term, substantial disorder of thought, mood, or cognitive ability may constitute a mental
health disorder.
(34) "Mental health hospital placement prescreening" means a face -to-face mental health
examination conducted by a mental health professional to determine whether a child should be
placed in a facility for evaluation pursuant to section 27 -65-106. The prescreening may include
consultation with other mental health professionals and review of all available records on the
child.
(35) "Office of alternate defense counsel" means the office of alternate defense counsel
created and existing pursuant to section 21-2-101.
(36) "Office of the state public defender" means the office of state public defender created
and existing pursuant to section 21-1-101.
(37) "Parent" is defined in section 19-1-103.
(38) "Peace officer" has the same meaning as set forth in section 16-2.5-101.
(39) "Physical custodian", as used in sections 19 -2.5-203 and 19-2.5-501, means a guardian,
whether or not appointed by court order, with whom the juvenile has resided.
(40) "Reasonable efforts" is defined in section 19-1-103.
(41) "Receiving center" means a facility used by the department of human services to
provide temporary detention and care for juveniles pending placement in a training school, camp,
or other facility.
(42) "Repeat juvenile offender" is described in section 19-2.5-1125 (2).
(43) "Residential community placement" means any placement for residential purposes
permitted pursuant to this title 19, except in an institutional facility directly operated by, or a
secure facility under contract with, the department of human services and except while a juvenile
is under the jurisdiction of the juvenile parole board.
(44) Repealed.
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(45) (a) "Restorative justice" means those practices that emphasize repairing the harm to the
victim and community caused by delinquent acts. Restorative justice practices may include
victim-offender conferences attended voluntarily by the victim, a victim advocate, the offender,
community members, and supporters of the victim or the offender that provide an opportunity for
the offender to accept responsibility for the harm caused to those affected by the crime and to
participate in setting consequences to repair the harm. Consequences recommended by the
participants may include but need not be limited to apologies, community service, restoration,
and counseling. The selected consequences are incorporated into an agreement that sets time
limits for completion of the consequences and is signed by all participants.
(b) Any statements made during the restorative justice process are confidential and must not
be used against the juvenile, or as a basis for charging or prosecuting the juvenile, unless the
juvenile commits a chargeable offense during the process.
(c) Nothing precludes a person from reporting child abuse or neglect when required pursuant
to section 19-3-304 or a mental health provider from complying with a duty to warn pursuant to
section 13-21-117 (2).
(46) "Screening team" means the person or persons designated, pursuant to rule 3.7 of the
Colorado rules of juvenile procedure, by the chief judge in each judicial district or, for the
second judicial district, the presiding judge of the Denver juvenile court to make
recommendations to the juvenile court concerning whether a juvenile taken into temporary
custody should be released or admitted to a detention or shelter facility pursuant to section 19 -
2.5-305.
(47) "Sentencing hearing" means a hearing to determine what sentence must be imposed on a
juvenile delinquent or what other order of disposition must be made concerning a juvenile
delinquent, including commitment. A sentencing hearing may be part of the proceeding that
includes the adjudicatory trial, or it may be held at a time subsequent to the adjudicatory trial.
(48) "Staff secure facility" means a group facility or home at which each juvenile is
continuously under staff supervision and at which all services, including education and
treatment, are provided on site. A staff secure facility may or may not be a locked facility.
(49) "Standardized mental health disorder screening" means the mental health disorder
screening conducted using the juvenile standardized screening instruments and the procedures
adopted pursuant to section 16-11.9-102.
(50) "Status offense" has the same meaning as defined in federal law in 28 CFR 31.304, as
amended.
(51) "Temporary holding facility" is defined in section 19-1-103.
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(52) "Training school" means an institution providing care, education, treatment, and
rehabilitation for juveniles in a closed setting and includes a regional center established in part 3
of article 10.5 of title 27.
(53) "Victim", as used in this article 2.5, means any party immediately and directly aggrieved
by the juvenile or youth; that party's spouse; the party's parent, sibling, or child who is living
with the party; a victim compensation board that has paid a victim compensation claim; a person
or entity that has suffered losses because of a contractual relationship with such party, including
an insurer or because of liability under section 14 -6-110; or, in the absence of any of the above,
the state.
(54) "Youth" is defined in section 19-1-103.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 558, § 2,
effective October 1; (20) repealed, (HB 21 -1315), ch. 461, p. 3118, § 29, effective October 1. L.
2022: (34) amended, (HB 22 -1256), ch. 451, p. 3229, § 29, effective August 10. L. 2023: (8),
(25), and (44) repealed, (HB 23-1012), ch. 205, p. 1043, § 1, effective August 7.
Editor's note: This section is similar to former § 19-2-103 as it existed prior to 2021.
Cross references: For the legislative declaration in HB 21 -1315, see section 1 of chapter 461,
Session Laws of Colorado 2021.
19-2.5-103. Jurisdiction.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings:
(a) Concerning any juvenile ten years of age or older who has violated:
(I) Any federal or state law, except nonfelony state traffic, game and fish, and parks and
recreation laws or rules; the offense specified in section 18 -13-122, concerning the illegal
possession or consumption of ethyl alcohol or marijuana by an underage person or illegal
possession of marijuana paraphernalia by an underage person; the offenses specified in section
18-18-406 (5)(b)(I) and (5)(b)(II), concerning marijuana and marijuana concentrate; the offenses
specified in section 18 -18-434, concerning natural medicine and natural medicine product; and
the civil infraction in section 18 -7-109 (3), concerning exchange of a private intimate image or
intimate digital depiction by a juvenile;
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(II) Any county or municipal ordinance except traffic ordinances, the penalty for which may
be a jail sentence of more than ten days; or
(III) Any lawful order of the court made pursuant to this title 19;
(b) Concerning a juvenile to whom section 19 -2.5-802 applies; except that, after filing
charges in the juvenile court but prior to the time that the juvenile court conducts a transfer
hearing, the district attorney may file the same or different charges against the juvenile by direct
filing of an information in the district court or by indictment pursuant to section 19 -2.5-801.
Upon such filing or indictment in the district court, the juvenile court no longer has jurisdiction
over proceedings concerning such charges.
(2) The juvenile court has limited jurisdiction in matters to which section 19-2.5-801 applies.
(3) The fact that a juvenile has been prosecuted or convicted in the county court for a
nonfelony violation pursuant to title 42 is not a bar to a subsequent or parallel proceeding
pursuant to this title 19 for delinquent acts arising out of the same criminal episode; nor are
proceedings pursuant to this title 19 a bar to a subsequent or parallel prosecution in the county
court for a nonfelony violation pursuant to title 42 for the same delinquent acts arising from the
same criminal episode.
(4) Notwithstanding any other provision of this section to the contrary, the juvenile court
may exercise jurisdiction over a juvenile who is under sixteen years of age and who has violated
a traffic law or ordinance if the juvenile's case is transferred to the juvenile court from the county
court. Such a transfer is subject to approval by the juvenile court.
(5) Notwithstanding any other provision of this section to the contrary, the juvenile court and
the county court have concurrent jurisdiction over a juvenile who is under eighteen years of age
and who is charged with a violation of section 18 -13-122, 18-18-406 (5)(b)(I) and (5)(b)(II), 18 -
18-428, 18 -18-429, 18 -18-430, 18 -18-434, or 42 -4-1301; except that, if the juvenile court
accepts jurisdiction over such a juvenile, the county court jurisdiction terminates.
(6) The juvenile court may retain jurisdiction over a juvenile until all orders have been fully
complied with by such person, or any pending cases have been completed, or the statute of
limitations applicable to any offense that may be charged has run, regardless of whether such
person has attained the age of eighteen years, and regardless of the age of such person.
(7) This section does not confer any jurisdiction upon the court over a person for any offense
committed after the person attains the age of eighteen years.
(8) Notwithstanding any other provision of this section to the contrary, the juvenile court
may exercise jurisdiction over a juvenile to determine the legal custody of a juvenile or to
appoint a guardian of the person or legal custodian of any child who comes within the juvenile
court's jurisdiction pursuant to section 19-1-104.
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(9) If a juvenile is charged with a civil infraction and is not charged with an additional
offense that would constitute a criminal offense if charged against an adult, the county court has
jurisdiction over the civil infraction.
Source: L. 2021: (1)(a)(I) and (5) amended, (HB 21-1090), ch. 157, p. 901, § 5, effective May
20; entire article added with relocations, (SB 21 -059), ch. 136, p. 564, § 2, effective October 1;
(9) added, (SB 21-271), ch. 462, p. 3220, § 388, effective March 1, 2022. L. 2023: (1)(a)(I) and
(5) amended, (SB 23 -290), ch. 249, p. 1420, § 36, effective July 1. L. 2025: (1)(a)(I) amended,
(SB 25-288), ch. 339, p. 1833, § 5, effective August 6.
Editor's note: (1) This section is similar to former § 19-2-104 as it existed prior to 2021.
(2) Subsections (1)(a)(I) and (5) were numbered as 19 -2-104 (1)(a)(I) and (5) in HB 21 -1090
(see L. 2021, p. 901). Those provisions were harmonized with subsections (1)(a)(I) and (5) of
this section as they appear in SB 21-059.
ANNOTATION
Law reviews. For article, "Prosecution of
Juveniles in Colorado Municipal Courts",
see 21 Colo. Law. 1151 (1992). For article,
"New Juvenile Justice Laws Increase
Options for Youth", see 42 Colo. Law. 37
(Apr. 2013).
Annotator's note. Since § 19 -2.5-103 is
similar to § 19 -2-104 as it existed prior to
the 2021 amendments relocating repealed
article 2 of title 19 to this article 2.5,
relevant cases decided under former
provisions similar to that section have been
included in the annotations to this section.
Age at which acts are committed is
determinative factor as to the
applicability of the Colorado Children's
Code. People in Interest of M.C., 750 P.2d
69 (Colo. App. 1987), aff'd, 774 P.2d 857
(Colo. 1989).
A juvenile's age at the time of an
offense is a matter of jurisdiction. People
in Interest of P.K., 2015 COA 121, 411 P.3d
963.
When a range of dates on a
delinquency petition charge an offense,
both dates must fall within the
jurisdiction of the juvenile court. If not,
the juvenile court lacks jurisdiction over the
delinquency petition and any admission of
the petition by the juvenile. People in
Interest of P.K., 2015 COA 121, 411 P.3d
963.
Juvenile court may retain jurisdiction
over juvenile who was adjudicated
delinquent until any restitution order is
fully complied with, even though it may
subject him to the court's jurisdiction
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indefinitely into his adult years. People v.
T.R., 860 P.2d 559 (Colo. App. 1993).
This section is inapplicable where there
has been no adjudication concerning the
petitioner in the juvenile court. Jaramillo v.
Dist. Court, 173 Colo. 459, 480 P.2d 841
(1971).
No new trial where court terminates
jurisdiction. A new trial cannot be held
upon reversal where the trial court, at a
hearing subsequent to its order adjudging
respondent a delinquent child, terminated its
jurisdiction pursuant to this section. People
in Interest of J.S.C. v. J.S.C., 30 Colo. App.
381, 493 P.2d 671 (1972).
Since a person under age 18 can only be
charged with an offense in the manner
permitted by the Colorado Children's
Code, the county court had no jurisdiction to
entertain or to dispose of the merits of the
proceeding involving an offense alleged
against a juvenile and was without authority
to go further than merely dismissing the case
without prejudice for lack of jurisdiction.
People in Interest of C.O., 870 P.2d 1266
(Colo. App. 1994).
Prosecution of juveniles under
municipal ordinance does not conflict
with Colorado Children's Code and,
although municipalities are not prohibited
from adopting same procedures as the
Children's Code, municipalities are not
required to follow such procedures. R.E.N.
v. City of Colo. Springs, 823 P.2d 1359
(Colo. 1992).
Colorado Children's Code does not
require that juvenile proceedings in
municipal courts be civil in nature as
Children's Code and ordinances of
municipality on juvenile proceedings do not
conflict. R.E.N. v. City of Colo. Springs,
823 P.2d 1359 (Colo. 1992).
Intent of general assembly that
Colorado Children's Code apply only to
juvenile proceedings in juvenile court, and
not to municipal court proceedings
involving prosecution of juveniles under
municipal ordinances. R.E.N. v. City of
Colo. Springs, 823 P.2d 1359 (Colo. 1992).
Juvenile court to take judicial notice of
municipal ordinances. A court of the
juvenile division of the district court should
take judicial notice of those municipal
ordinances within the contemplation of the
juvenile code, when the municipalities are
within the judicial district where the juvenile
court sits. People v. Hight, 198 Colo. 299,
599 P.2d 885 (1979).
Juveniles to receive same trial rights as
adults. The juvenile court's assumption of
jurisdiction carries with it the same trial
duties as to juveniles who have violated
municipal ordinances, as a municipal court
has to adults who violated the same
ordinances. People v. Hight, 198 Colo. 299,
599 P.2d 885 (1979).
Delinquency proceeding and child in
need of supervision proceeding compared.
In delinquency proceedings, the child stands
charged with activity which would
constitute a crime if done by an adult. In
contrast, a child in need of supervision
proceeding determines whether the child is a
truant, a runaway, or a danger to himself or
others. People in Interest of Y .D.M., 197
Colo. 403, 593 P.2d 1356 (1979).
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Juvenile court lacks exclusive
jurisdiction. Where the violation charged is
of a municipal ordinance that does not carry
a jail sentence, the general assembly has not
intended by the Colorado Children's Code to
give sole and exclusive jurisdiction to the
juvenile court. Wigent v. Shinsato, 43 Colo.
App. 83, 601 P.2d 653 (1979).
Application of former subsection (9)(c)
(now subsection (4)). Although subsection
(9)(c) (now subsection (4)) gives the
juvenile court jurisdiction over a traffic
offender under 16 years of age whose case
has been transferred from county court, this
provision obviously does not apply to a 16
year old who holds a valid Colorado driver's
license. People v. Maynes, 39 Colo. 153,
562 P.2d 756 (1977).
The intent of the Colorado Children's
Code is to restrict the institution of felony
charges in a criminal proceeding against
one under 18 years of age. I.R. v. People,
171 Colo. 54, 464 P.2d 296 (1970); D.W. v.
Dist. Court, 193 Colo. 194, 564 P.2d 949
(1976).
The juvenile court has exclusive
original jurisdiction of proceedings
concerning any delinquent child, which
proceeding is to be distinguished from a true
criminal proceeding. People ex rel. Terrell v.
Dist. Court, 164 Colo. 437, 435 P.2d 763
(1967); I.R. v. People, 171 Colo. 54, 464
P.2d 296 (1970).
It has jurisdiction over a petition in
delinquency alleging vehicular homicide,
which is not excluded by the Colorado
Children's Code as a "traffic offense". I.R. v.
People, 171 Colo. 54, 464 P.2d 296 (1970).
But not over child leaving home to be
married. The mere fact that a minor child
left the home of her mother and was taken
by respondent to a neighboring state and
was married does not show her to be a
delinquent under the statute, such as to give
the court jurisdiction. Spencer v. People in
Interest of Spencer, 133 Colo. 196, 292 P.2d
971 (1956).
The district court still retains original
jurisdiction in all criminal cases. This is so
because a delinquency proceeding is not a
criminal case. People ex rel. Terrell v. Dist.
Court, 164 Colo. 437, 435 P.2d 763 (1967).
The district attorney may not directly
file charges in district court where the
identical charges were initially filed in
juvenile court and a transfer hearing is
pending. J.D.C. v. Dist. Court 18th Jud.
Dist., 910 P.2d 684 (Colo. 1996) (decided
prior to amendment of subsection (1)(b)
specifically authorizing direct filing under
such circumstances).
Exception to juvenile court's exclusive
jurisdiction in cases where prosecution
directly files charges. Under the plain
language of subsection (1)(b) of this section
and §§ 19 -2-517 (2) and 19 -2-518 (2), a
prosecutor has discretion to proceed
charging alleged juvenile offenders who are
eligible to be charged as adults by means of
a direct filing in district court until such time
as the juvenile court actually conducts a
transfer hearing. People v. Pino, 262 P.3d
938 (Colo. App. 2011).
Because the conducting of a transfer
hearing is the only event that vests the
juvenile court with exclusive jurisdiction
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and the juvenile court had not conducted a
transfer hearing before the prosecution
directly filed the information, the district
court had jurisdiction. People v. Pino, 262
P.3d 938 (Colo. App. 2011).
When a juvenile is charged in Denver
district court as a result of a direct file
and the offense that permitted the direct
file is dismissed, the Denver district court
no longer has subject matter jurisdiction
over the additional charge that was not
eligible for direct file. The Denver juvenile
court has exclusive jurisdiction over that
charge. People v. Sandoval, 2016 COA 57,
383 P.3d 92.
Defendant's conviction in the Denver
district court, therefore, is a nullity and must
be vacated. People v. Sandoval, 2016 COA
57, 383 P.3d 92.
Jurisdiction not affected by removing
case from docket. A trial court order
removing a parental rights termination case
from the docket of cases maintained by the
court did not affect the court's continuing
statutory jurisdiction over the child
involved. People in Interest of T.A.F. v. B.F.,
624 P.2d 349 (Colo. App. 1980).
This section allows the juvenile court's
jurisdiction to continue until the juvenile
completes any sentence imposed,
regardless of whether the juvenile reaches
18 years of age prior to completion of the
sentence. Thus, where the 18 -year-old
defendant escaped while serving a juvenile
sentence, he remained under the continuing
jurisdiction of the juvenile court and was a
"juvenile" for purposes of § 18 -8-210.1, the
juvenile custody and confinement statute,
and subject to the provisions of § 18 -8-208,
the felony escape statute. People v. Young,
908 P.2d 1147 (Colo. App. 1995).
Applied in People in Interest of Maddox
v. Dist. Court, 198 Colo. 208, 597 P.2d 573
(1979).
19-2.5-104. Venue.
(1) (a) Proceedings in cases brought pursuant to this article 2.5 must be commenced in the
county in which the alleged violation of the law, ordinance, or court order took place; except that
the court may order a change of venue based upon written findings that a change of venue is
necessary to ensure that the juvenile receives a fair trial, in which case venue must be transferred
to an appropriate jurisdiction prior to the findings of fact. When the court in which the petition
was filed is in a county other than where the juvenile resides, such court may transfer venue to
the court of the county of the juvenile's residence for the purposes of supervision after sentencing
and entry of any order for payment of restitution. A transfer of venue may not be rejected for any
reason except where venue would be improper.
(b) For purposes of determining proper venue, a juvenile who is placed in the legal custody
of a county department of human or social services is deemed for the entire period of placement
to reside in the county in which the juvenile's legal custodian is located, even if the juvenile is
physically residing in a residential facility located in another county. If a juvenile is placed in the
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legal custody of a county department of human or social services, the court shall not transfer
venue during the period of placement to any county other than the county in which the juvenile's
legal custodian is located.
(2) In determining proper venue, section 18-1-202 applies.
(3) A court transferring venue pursuant to this section shall transmit all documents and legal
social records, or certified copies of such documents, to the receiving court. The receiving court
shall then proceed with the case as if the petition had been originally filed or the adjudication had
been originally made in such court.
(4) Upon transfer of venue, the receiving court shall set a date not more than thirty -five days
following the date upon which the change of venue is ordered for the juvenile and the juvenile's
parent or guardian to appear.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 565, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-105 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
No authority for transfer to certain
counties. There is no statutory authority for
transfer of a juvenile case to a county which
is neither the county where the offense
occurred nor the county of the accused
juvenile's residence. People v. Dist. Court,
191 Colo. 28, 549 P.2d 1317 (1976).
Motion for change of venue untimely in
delinquency hearing where merits already
adjudicated. A change of venue is properly
a pretrial motion to have the merits of the
action adjudicated in the correct forum and
county. Accordingly, such a motion is
untimely in a juvenile delinquency hearing if
the merits have already been adjudicated in
their entirety, which occurs with the
determination that the allegations in the
original petition are true and the finding that
the child is a juvenile delinquent. People in
Interest of Maddox v. Dist. Court, 198 Colo.
208, 597 P.2d 573 (1979).
19-2.5-105. Representation of petitioner.
In all matters pursuant to this article 2.5, the district attorney shall represent the petitioner.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-247-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 566, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-106 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include a case decided under a
former provision similar to this section.
Any person proceeded against in court
is entitled to counsel of his or her own
choosing, and the selection of such counsel
cannot be dictated by those who instigate the
action. Selby v. Jacobucci, 142 Colo. 52,
349 P.2d 567 (1960).
In a proceeding following a complaint
filed by parents of an allegedly delinquent
minor 17 years of age, who had selected her
own counsel to represent her, an order of the
trial court incorporating the parents' request
that such counsel be prohibited from
appearing or representing such minor was in
excess of its jurisdiction. Selby v. Jacobucci,
142 Colo. 52, 349 P.2d 567 (1960).
19-2.5-106. Victim's right to attend dispositional, review, and restitution proceedings.
The victim of any delinquent act, or a relative of the victim, if the victim has died, has the right
to attend all dispositional, review, and restitution proceedings resulting from the adjudication of
such act. The victim or the victim's relative has the right to appear at the proceedings personally
or with counsel and to adequately and reasonably express the victim's views concerning the act,
the juvenile, the need for restitution, and the type of dispositional orders that the court should
issue. When issuing such orders, the court shall consider the statements made by the victim, or
the victim's relative, and shall make a finding, on the record, when appropriate, as to whether the
juvenile would pose a threat to public safety if granted probation.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 566, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-112 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-248-
19-2.5-107. Parental accountability - legislative intent.
(1) (a) The parent, guardian, or legal custodian of any juvenile subject to proceedings
pursuant to this article 2.5 is required to attend all proceedings that may be brought pursuant to
this article 2.5 concerning the juvenile. The court may impose contempt sanctions against the
parent, guardian, or legal custodian for failure, without good cause, to attend any proceeding
concerning the juvenile; except that, if the juvenile's legal custodian is a county department of
human or social services or the state department of human services, the legal custodian need not
attend any proceeding at which the juvenile's guardian ad litem is present.
(b) For any juvenile adjudicated pursuant to this article 2.5, the court may specify its
expectations for the juvenile's parent, guardian, or legal custodian, so long as the parent,
guardian, or legal custodian is a party to the delinquency proceedings.
(2) (a) The general assembly determines that families play a significant role in the cause and
cure of delinquent behavior of children. It is therefore the intent of the general assembly that
parents cooperate and participate significantly in the assessment and treatment planning for their
children.
(b) Any treatment plan developed pursuant to this article 2.5 may include requirements to be
imposed on the juvenile's parent, so long as the parent is a party to the delinquency proceedings.
These requirements may include, but are not limited to, the following:
(I) Maximum parent involvement in the sentencing orders;
(II) Participation by the parent in parental responsibility training;
(III) Cooperation by the parent in treatment plans for the juvenile;
(IV) Performance of public service by the parent;
(V) Cost of care reimbursement by the parent;
(VI) Supervision of the juvenile; and
(VII) Any other provisions the court deems to be in the best interests of the juvenile, the
parent's other children, or the community.
(c) Any parent who is a party to the delinquency proceedings and who fails to comply with
any requirements imposed on the parent in a treatment plan may be subject to contempt
sanctions.
(d) The court has discretion to exempt the parent from participation in the juvenile's
treatment.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-249-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 566, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-113 as it existed prior to 2021.
ANNOTATION
Although a parent may be held in
contempt pursuant to this section, the
court is not permitted to impose a suspended
jail sentence against a parent to attempt to
prevent a failure to comply with the court's
order regarding the juvenile's treatment plan.
People v. J.M., 22 P.3d 545 (Colo. App.
2000) (decided under former law).
19-2.5-108. Effect of proceedings - definition.
(1) An adjudication or proceeding pursuant to this article 2.5 is not equivalent to an adult
conviction of a criminal offense and must not impose any civil disability upon a juvenile or
disqualify or prejudice the juvenile from holding any position under the state personnel system or
submitting any governmental or military service application or receiving any governmental or
military service appointment or from holding public office.
(2) (a) An employer, whether a public entity or private individual or entity, shall not ask an
applicant for employment of any age to disclose information related to an arrest, detention,
processing, diversion, supervision, adjudication, or court disposition that occurred while the
applicant was subject to the process and jurisdiction of the juvenile court and an applicant of any
age is not required to disclose such information in response to any employer inquiry.
(b) Nothing in this section limits public access to information as set forth in section 19-1-304
(1)(b.5) or (5).
(c) The provisions of this subsection (2) do not apply to the screening of applicants who have
direct contact with vulnerable persons pursuant to section 27 -90-111 or the screening of
applicants required by licensed child care centers pursuant to section 26-6-905 or 26.5-5-309.
(d) The provisions of this subsection (2) do not apply to any law enforcement agency of the
state or to any political subdivision.
(e) As used in this subsection (2), a "condition of employment" means hiring, promotion,
termination, participating in an apprenticeship training program, or a training program that leads
to employment.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-250-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 567, § 2,
effective October 1. L. 2022: Entire section amended, (HB 22 -1383), ch. 365, p. 2604, § 3,
effective August 10.
Editor's note: This section is similar to former § 19-2-111 as it existed prior to 2021.
Cross references: For the legislative declaration in HB 22 -1383, see section 1 of chapter 365,
Session Laws of Colorado 2022.
19-2.5-109. Saving clause.
The repeal of article 2 of this title 19 and the enactment of this article 2.5, effective October 1,
2021, do not affect the validity of any actions or proceedings initiated or in existence prior to
such effective date and brought pursuant to the legislative provisions in place prior to such
effective date.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 567, § 2,
effective October 1; entire section amended, (SB 21 -266), ch. 423, p. 2800, § 15, effective
October 1.
19-2.5-110. Outstanding balances owed by juveniles - report - repeal. (Repealed)
Source: L. 2021: Entire section added, (HB 21 -1315), ch. 461, p. 3119, § 31, effective
October 1.
Editor's note: Subsection (3) provided for the repeal this section, effective June 30, 2025.
(See L. 2021, p. 3119.)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-251-
PART 2
INVESTIGATIONS AND LAW ENFORCEMENT
19-2.5-201. Preliminary investigation.
(1) Whenever it appears to a law enforcement officer or any other person that a juvenile is or
appears to be within the court's jurisdiction, as provided in section 19 -2.5-103, the law
enforcement officer or other person may refer the matter conferring or appearing to confer
jurisdiction to the district attorney, who shall determine whether the interests of the juvenile or of
the community require further action.
(2) Upon the district attorney's request, the matter may be referred to any agency for an
investigation and recommendation.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 567, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-510 as it existed prior to 2021.
19-2.5-202. Consent to search.
In determining the voluntariness of a juvenile's consent to a search or seizure, the court shall
consider the totality of the circumstances.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 567, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-506 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This section and former § 19 -2-209 (4)
(now § 19-2-803 (4)) contain proper test to
measure validity of consent to search given
by juvenile in noncustodial setting. People
in Interest of S.J., 778 P.2d 1384 (Colo.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-252-
1989); People in Interest of R.A., 937 P.2d 731 (Colo. 1997).
19-2.5-203. Statements - definitions.
(1) A statement or admission of a juvenile made as a result of the custodial interrogation of
the juvenile by a law enforcement official concerning delinquent acts alleged to have been
committed by the juvenile are not admissible in evidence against the juvenile unless a parent,
guardian, or legal or physical custodian of the juvenile was present at such interrogation and the
juvenile and the juvenile's parent, guardian, or legal or physical custodian were advised of the
juvenile's right to remain silent and that any statements made may be used against the juvenile in
a court of law, of the juvenile's right to the presence of an attorney during such interrogation, and
of the juvenile's right to have counsel appointed if the juvenile so requests at the time of the
interrogation; except that, if a public defender or counsel representing the juvenile is present at
such interrogation, such statements or admissions may be admissible in evidence even though the
juvenile's parent, guardian, or legal or physical custodian was not present.
(2) (a) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile
may be admissible in evidence, notwithstanding the absence of a parent, guardian, or legal or
physical custodian, if the court finds that, under the totality of the circumstances, the juvenile
made a knowing, intelligent, and voluntary waiver of rights and:
(I) The juvenile is eighteen years of age or older at the time of the interrogation or the
juvenile misrepresents his or her age as being eighteen years of age or older and the law
enforcement official acts in good -faith reliance on such misrepresentation in conducting the
interrogation;
(II) The juvenile is emancipated from the parent, guardian, or legal or physical custodian; or
(III) The juvenile is a runaway from a state other than Colorado and is of sufficient age and
understanding.
(b) For the purposes of this subsection (2), "emancipated juvenile" means a juvenile over
fifteen years of age and under eighteen years of age who has, with the real or apparent assent of
the juvenile's parents, demonstrated independence from the juvenile's parents in matters of care,
custody, and earnings. The term may include, but is not limited to, any such juvenile who has the
sole responsibility for the juvenile's own support, who is married, or who is in the military.
(3) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile are
not inadmissible in evidence by reason of the absence of a parent, guardian, or legal custodian if
the juvenile was accompanied by a responsible adult who was a custodian of the juvenile or
assuming the role of a parent at the time.
(4) For the purposes of this section, "physical custodian" is defined in section 19-2.5-102.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-253-
(5) Notwithstanding subsection (1) of this section, the juvenile and the juvenile's parent,
guardian, or legal or physical custodian may expressly waive the requirement that the parent,
guardian, or legal or physical custodian be present during the juvenile's interrogation. This
express waiver must be in writing and must be obtained only after full advisement of the juvenile
and the juvenile's parent, guardian, or legal or physical custodian of the juvenile's rights prior to
the taking of the custodial statement by a law enforcement official. If said requirement is
expressly waived, statements or admissions of the juvenile are not inadmissible in evidence by
reason of the absence of the juvenile's parent, guardian, or legal or physical custodian during
interrogation. Notwithstanding the requirements of this subsection (5), a county department of
human or social services and the state department of human services, as legal or physical
custodian, may not waive said requirement.
(6) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile are
not inadmissible into evidence by reason of the absence of a parent, guardian, or legal or physical
custodian, if the juvenile makes any deliberate misrepresentations affecting the applicability or
requirements of this section and a law enforcement official, acting in good faith and in
reasonable reliance on such deliberate misrepresentation, conducts a custodial interrogation of
the juvenile that does not comply with the requirements of subsection (1) of this section.
(7) (a) Notwithstanding any provisions of this section to the contrary, if the juvenile asserts
that statements made during the custodial interrogation are inadmissible because a responsible
adult had an interest adverse to the juvenile, the prosecution, as part of its burden of proof at a
hearing on a motion to suppress the statements, must show by a preponderance of the evidence
that the person interrogating the juvenile reasonably believed that the responsible adult did not
have any interests adverse to those of the juvenile and that the responsible adult was able to
provide protective counseling to the juvenile concerning the juvenile's rights during the
interrogation.
(b) For purposes of this subsection (7):
(I) "Protective counseling" means an ongoing opportunity to offer guidance and advice
concerning the juvenile's right to remain silent and to obtain retained or appointed counsel
associated with the custodial interrogation; and
(II) "Responsible adult" means a parent, guardian, legal or physical custodian, or other
responsible adult who was a custodian of the juvenile or who assumed the role of a parent at the
time of the interrogation.
(8) (a) A statement or admission by a juvenile made as a result of the juvenile's custodial
interrogation by a law enforcement official or agent is presumptively inadmissible against the
juvenile at trial if the law enforcement official or agent knowingly communicated any untruthful
information or belief to obtain the statement or admission, unless the prosecution establishes at
an evidentiary hearing prior to trial, by a preponderance of the evidence and based on the totality
Colorado Revised Statutes 2026
Title 19 - Children's Code
-254-
of the circumstances, that the statement or admission was made voluntarily despite the untruthful
information or belief used to obtain the statement or admission or that the law enforcement
official in good faith reasonably believed the information or belief was true at the time it was
used. In assessing the totality of the circumstances, the court shall consider all evidence
presented concerning the juvenile's vulnerability to any untruthful information or belief used
during the custodial interrogation.
(b) A law enforcement official or agent shall electronically record all juvenile custodial
interrogations pursuant to section 16 -3-601 without regard to the nature of the offense that the
law enforcement official or agent reasonably believes is being investigated.
(c) Law enforcement agencies are encouraged to adopt and follow national model policies
that are included in P.O.S.T. rules concerning law -enforcement-conducted interrogations
involving a juvenile.
(d) As used in this subsection (8):
(I) "Agent" means a person who acts with the motive of assisting law enforcement efforts to
obtain a confession, as shown by the totality of the circumstances.
(II) "Untruthful information or belief" means any untruthful information or belief knowingly
used or communicated to a juvenile who is the subject of a custodial interrogation. "Untruthful
information or belief" may include but is not limited to statements regarding evidence or
unauthorized statements regarding potential leniency by a law enforcement official, prosecutor,
judge, juror, or any other juvenile officer.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 567, § 2,
effective October 1. L. 2023: (8) added, (HB 23-1042), ch. 221, p. 1146, § 1, effective August 7.
Editor's note: This section is similar to former § 19-2-511 as it existed prior to 2021.
ANNOTATION
Law reviews. For article, "Confessions
and the Juvenile Offender", see 11 Colo.
Law. 96 (1982). For comment, "Fourth
Amendment Protection in the School
Environment: The Colorado Supreme
Court's Application of the Reasonable
Suspicion Standard in State v. P.E.A.", 61 U.
Colo. L. Rev. 153 (1990). For article,
"Family Law and Juvenile Delinquency",
see 37 Colo. Law. 61 (Oct. 2008).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-255-
Constitutional source of rights. Rights
set out in this section of the Colorado
Children's Code find genesis in the fifth
amendment privilege against self -
incrimination and in the sixth amendment
right to counsel. People v. Knapp, 180 Colo.
280, 505 P.2d 7 (1973).
Section does not diminish fifth
amendment protections but instead provides
for additional protection. People v.
Blankenship, 119 P.3d 552 (Colo. App.
2005).
Section provides for due process. The
specific procedures in this section grant to
juveniles all that is required under the due
process clauses of the United States and the
Colorado constitutions. J.T. v. O'Rourke ex
rel. Tenth Judicial Dist., 651 P.2d 407 (Colo.
1982).
Subsection (2)(a)(III) does not confer a
fundamental right to a runaway from
another state when he or she is of sufficient
age and understanding and has waived his or
her right to remain silent or to have an
attorney present. People v. Blankenship, 119
P.3d 552 (Colo. App. 2005).
The clear purpose in enacting former
subsection (3)(c)(I) (now subsection (1)) is
to afford a special protection to a juvenile
who is in police custody because of alleged
criminal acts. People v. Maes, 194 Colo.
235, 571 P.2d 305 (1977); People in Interest
of R.L.N., 43 Colo. App. 542, 605 P.2d 491
(1980).
Former subsection (3)(c)(I) (now
subsection (1)) of this section provides an
additional and necessary assurance that the
juvenile's fifth amendment right against self-
incrimination and his sixth amendment right
to counsel will be fully afforded to him.
People v. Maes, 194 Colo. 235, 571 P.2d 305
(1977); People v. Lee, 630 P.2d 583 (Colo.
1981).
Former subsection (3)(c)(I) (now
subsection (1)) was enacted to safeguard the
privilege against self -incrimination, the
same privilege protected by Miranda, and
the "fruit of the poisonous tree" doctrine on
the inadmissibility of evidence obtained by
unconstitutional police action applies to its
violation. People v. Saiz, 620 P.2d 15 (Colo.
1980).
The purpose of former subsection
(3)(c)(I) (now subsection (1)) is to provide a
child with parental guidance during police
interrogation and to ensure that any waiver
of the child's fifth amendment right against
self-incrimination and sixth amendment
right to counsel will be made knowingly and
intelligently. People in Interest of G.L., 631
P.2d 1118 (Colo. 1981).
Legislative purpose of subsection (1),
barring admission of statements made
during police interrogation of minor unless
minor's parents, guardian, legal custodian, or
attorney are present, is to provide minor
with an opportunity to consult with such
person before deciding whether to assert or
waive fifth amendment rights. People v.
Raibon, 843 P.2d 46 (Colo. App. 1992).
Subsection (1) does not condition the
admissibility of a juvenile's statements to
law enforcement on more than his or her
parent's presence during a Miranda
advisement and interrogation. The plain
language of subsection (1) requires only that
Colorado Revised Statutes 2026
Title 19 - Children's Code
-256-
a parent be present during the advisement
and interrogation. It is unnecessary for a trial
court to examine a parent's motivation.
People in the Interest of A.L. -C., 2016 CO
71, 382 P.3d 842.
Subsection (1) only requires a juvenile's
parent to be present during a custodial
interrogation of the juvenile but does not
require that the parent be attentive. People in
Interest of L.E.R -N., 2025 COA 16, __ P.3d
__.
Factual findings as to "custody" and
"interrogation" are necessary predicates
to any application of this section. Where
magistrate failed to make findings on
question of whether juvenile was in custody
and being interrogated, matter was
remanded to the district court for
development of further evidence. People in
Interest of R.A., 937 P.2d 731 (Colo. 1997).
Protection afforded statements and
admissions of child applies to searches.
The same test is applicable to the validity of
the search whether the consenting party is an
adult or a juvenile with the one exception
noted in former subsection (3) (now
subsection (1)) of this section. That is, a
parent, guardian, or legal custodian of the
child must be present and freely and
intelligently give his consent. Although this
subsection (3) refers specifically to
"statements and admissions", and requires
that the interrogating officer afford both the
juvenile and his parent, guardian, or legal
custodian full fifth amendment protection,
the juvenile is entitled to comparable
protection in connection with the waiver of
his fourth amendment rights. People v.
Reyes, 174 Colo. 377, 483 P.2d 1342 (1971).
Search properly conducted in accordance
with safeguards arising out of fourth
amendment to constitution of United States
is not inconsistent with this section. In re
People in Interest of B.M.C., 32 Colo. App.
79, 506 P.2d 409 (1973).
Defendant's consent to search was
voluntary and not the result of coercion.
Defendant's parents provided guidance and
advice before, during, and after the
interrogation. The parents' position that they
approved of DNA testing was consistent
throughout. There is no requirement that the
defendant's parents be present during the
sample collection. People v. Lehmkuhl, 117
P.3d 98 (Colo. App. 2004).
The language, "acts which if committed
by an adult", which appears almost
verbatim in former subsection (3)(c)(I) (now
subsection (1)), was intended to define, by
analogy, a general type of conduct for which
a child might be taken into custody and for
which he might be adjudicated a delinquent.
People v. Maynes, 39 Colo. 158, 562 P.2d
756 (1977).
The words "at the time of the
interrogation" refer to the request for
appointment of counsel and do not refer to
all the rights listed. People v. Hayhurst, 194
Colo. 292, 571 P.2d 721 (1977).
Department of institutions not "legal
custodian". The department of institutions,
into whose control an adjudicated delinquent
has been placed, is not a "legal custodian"
for the purposes of former subsection
(3)(c)(I) (now subsection (1)). People v.
McAnally, 192 Colo. 12, 554 P.2d 1100
(1976).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-257-
This section is to be strictly construed.
People in Interest of M.M., 43 Colo. App.
65, 599 P.2d 968 (1979).
Former subsection (1) (now § 19 -2-507)
dovetails with requirement of former
subsection (3)(c)(I) (now subsection (1)).
Former subsection (1) (now § 19 -2-507),
requiring prompt notification to the parent,
guardian, or legal custodian of a child taken
into temporary custody, dovetails with the
requirement of former subsection (3)(c)(I)
(now subsection (1)) that a parent, guardian,
or legal custodian be present during
interrogation. People v. Maynes, 39 Colo.
158, 562 P.2d 756 (1977).
The warnings incorporated in a
Miranda advisement have been codified
in the juvenile context by this section,
together with the requirement that the
juvenile be accompanied by a parent,
guardian, or custodian during the
advisement and interrogation. People v.
T.C., 898 P.2d 20 (Colo. 1995).
The standard of review for determining
custody for this section's purpose is the
same standard for determining custody in
Miranda cases. People v. Howard, 92 P.3d
445 (Colo. 2004).
In determining whether a juvenile is in
custody for purposes of this section, a
court must consider whether a reasonable
person in the juvenile's position would
consider himself or herself significantly
deprived of his or her liberty. In deciding
whether a reasonable person would believe
himself or herself to be deprived of his or
her freedom of action, the court must
consider the totality of circumstances. The
factors the court should consider are: The
time, place, and purpose of the encounter;
the persons present during the interrogation;
the words spoken by the officer to the
defendant; the officer's tone of voice and
general demeanor; the length and mood of
the interrogation; whether any limitation of
movement or other form of restraint was
placed on the defendant during the
interrogation; the officer's response to any
questions asked by the defendant; whether
directions were given to the defendant
during the interrogation; and the defendant's
verbal or nonverbal response to such
directions. People v. Howard, 92 P.3d 445
(Colo. 2004).
Additional factor required when
determining whether a juvenile is in
custody. When considering the totality of
the circumstances, the court must also
consider the age of the juvenile. People v.
N.A.S., 2014 CO 65, 329 P.3d 285.
A police officer's subjective view that
the individual under question is a suspect,
if undisclosed, has no bearing on whether
the suspect is in custody. People v.
Howard, 92 P.3d 445 (Colo. 2004).
Not in custody for Miranda purposes.
People v. Howard, 92 P.3d 445 (Colo. 2004).
This section does not require, in every
case, a repetitive advisement of rights
immediately before any statement is
taken. People v. Hayhurst, 194 Colo. 292,
571 P.2d 721 (1977).
Parent not required to be present when
juvenile makes voluntary statements to
police after police ended interrogation with
Colorado Revised Statutes 2026
Title 19 - Children's Code
-258-
parent because of request for counsel.
People v. Rivas, 13 P.3d 315 (Colo. 2000).
Trial court did not err in denying
defendant's motion to suppress
statements made during a phone
conversation with a victim who was a
minor. First, the standards for determining
whether a party's consent is voluntary for
purposes of the eavesdropping and
wiretapping statutes are less stringent than
the standards applicable to questions of
voluntariness arising in the context of
alleged violations of constitutional rights.
Second, the victim was not in custody when
he agreed to the recording of the
conversation but rather his consent was
given in an effort to assist in the
apprehension and prosecution of defendant.
People v. Richardson, 2014 COA 50, 350
P.3d 905.
Limitations of former subsection
(3)(c)(I) (now subsection (1)). Former
subsection (3)(c)(I) (now subsection (1))
does not require that a juvenile be warned
that his statements "will" be used against
him or that a juvenile be advised that he has
the right to terminate the questioning at any
time. People in Interest of M.R.J., 633 P.2d
474 (Colo. 1981).
Factors in determining voluntariness of
confession. In determining whether a
juvenile's confession is voluntary, the
primary factors to be considered are the
juvenile's age, experience, background, and
intelligence, his capacity to understand the
warnings given him, the nature of his fifth
amendment rights, and the consequences of
waiving those rights. People in Interest of
M.R.J., 633 P.2d 474 (Colo. 1981).
And prosecution to prove voluntariness
by preponderance. Once the issue of
voluntariness has been raised, the
prosecution has the burden of establishing
by a preponderance of the evidence that the
statements were made voluntarily. People in
Interest of M.R.J., 633 P.2d 474 (Colo.
1981).
Confession obtained during custodial
interrogation properly determined
voluntary despite fact that waiver of
parental attendance was not in writing. The
juvenile and his parents waived their right to
consult with an attorney and orally waived
their right to parental attendance at the
interrogation, and the interviewing
detective's "soft technique", if any, did not
constitute improper coercion. People v.
Grant, 30 P.3d 667 (Colo. App. 2000), aff'd,
48 P.3d 543 (Colo. 2002).
The remedy for a violation of this
section is suppression of the statements
obtained. However, that remedy applies only
to statements made as a result of custodial
interrogation. People v. T.C., 898 P.2d 20
(Colo. 1995).
Section is applicable even when a
juvenile lies to police about his age.
Nicholas v. People, 973 P.2d 1213 (Colo.
1999).
General assembly did not provide for an
exception for juveniles who lie about their
age to the police and claim to be adults. Nor
is there a "good faith" exception for cases in
which the police reasonably but mistakenly
believe that their suspect is an adult.
Nicholas v. People, 973 P.2d 1213 (Colo.
1999).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-259-
This interpretation is consistent with the
way civil law protects juveniles from being
bound by legal decisions they make even if
they lie about their age. Nicholas v. People,
973 P.2d 1213 (Colo. 1999).
Admissibility governed by
circumstances surrounding interrogation.
Whether statements obtained during
custodial interrogation are admissible
depends upon the totality of the
circumstances surrounding the interrogation.
People in Interest of M.R.J., 633 P.2d 474
(Colo. 1981).
Interrogation conducted via telephone
not custodial since police officer could not
exercise immediate control over juvenile.
Juvenile not entitled to protection of
subsection (1). People in Interest of J.C.,
844 P.2d 1185 (Colo. 1993).
Statements inadmissible unless special
protection provided. Statements and
admissions made to the police by a juvenile
in the course of a criminal investigation are
not admissible in evidence against a juvenile
unless the special protection contemplated
by former subsection (3)(c)(I) (now
subsection (1)) of this section is provided.
People v. Maes, 194 Colo. 235, 571 P.2d 305
(1977).
And simply reciting required warnings
does not sever illegal connection. Simply
reciting the warnings required by this
section does not sever the connection
between illegal questioning and
subsequently incriminating statements.
People v. Saiz, 620 P.2d 15 (Colo. 1980).
If the adult appearing with the juvenile
has interests that are objectively hostile to
those of the juvenile and cannot aid the
juvenile in making a knowing, intelligent,
and voluntary waiver of his or her
constitutional rights, the juvenile is deprived
of the protections of this section. People v.
Legler, 969 P.2d 691 (Colo. 1998).
Child's confession, obtained without
compliance with this section, was
inadmissible, and the court should have
granted the child's motion to suppress the
confession. People in Interest of L.B., 33
Colo. App. 1, 513 P.2d 1069 (1973).
Minor's statements suppressed when
gained through police urgings following
his expressed desire to stop interrogation.
Where a minor defendant responded to one
of the officer's questions by stating, "I ain't
going to say nothing no more", but the
officers continued to urge defendant to tell
the truth, a statement gained by those
urgings was suppressed. People v. Saiz, 42
Colo. App. 469, 600 P.2d 97 (1979).
Where the police were actively involved
in the continued urging of minor defendant
"to tell the truth", the fact that the
defendant's parents made similar requests
did not absolve the police of any
wrongdoing, or allow them to disregard
defendant's exercise of his right to cut off
questioning. People v. Saiz, 42 Colo. App.
469, 600 P.2d 97 (1979).
Tainted fruit doctrine does not require
the automatic suppression of later
statements made by the defendant or by
witnesses whose identity was derived from
the defendant's initial, unwarned statement.
Although the lack of a Miranda warning
creates a presumption of compulsion, the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-260-
presumption can be rebutted and the initial
statement shown to be voluntary in light of
the totality of the circumstances. People v.
T.C., 898 P.2d 20 (Colo. 1995).
Thus, fruits doctrine does not require
suppression of properly obtained second
confession where, although first confession
was suppressed for lack of the written
parental attendance waiver required under
subsection (5), first confession nevertheless
was voluntary. People v. Grant, 30 P.3d 667
(Colo. App. 2000), aff'd on other grounds,
48 P.3d 543 (Colo. 2002).
Physical evidence which is fruit of
statement improperly obtained from
juvenile is inadmissible. People v. Saiz, 42
Colo. App. 469, 600 P.2d 97 (1979).
It is implicit that a child involved in the
commission of an offense should be
afforded protective counseling concerning
his legal rights from one whose interests are
not adverse to those of the child, to the end
that any statements made by the child be
given voluntarily, knowingly, and
intelligently. People v. McAnally, 192 Colo.
12, 554 P.2d 1100 (1976); People v. Legler,
969 P.2d 691 (Colo. 1998).
Counselors of a school for boys cannot
be considered the neutral counselors
contemplated by former subsection (3)(c)(I)
(now subsection (1)). People v. McAnally,
192 Colo. 12, 554 P.2d 1100 (1976).
Purpose of parental presence at
interrogation. The statutory requirement of
the presence of a parent or guardian at the
interrogation of a child by law enforcement
officers is designed to provide parental
guidance and assistance to the child and
thereby to provide at least some minimal
assurance that a child's waiver of his right
against self -incrimination is knowingly and
intelligently made. People in Interest of
L.B., 33 Colo. App. 1, 513 P.2d 1069
(1973).
Subsection (5) requires police to advise
a juvenile of the right to have a parent
present during custodial interrogation and
acquire an express waiver of that right from
the juvenile prior to conducting an
interrogation of the juvenile without the
presence of a parent. People v. Barrow, 139
P.3d 636 (Colo. 2006).
The "full advisement" requirement of
subsection (5) is not satisfied by merely
showing the minor defendant a form signed
by his parent indicating that she granted
permission for the interview to proceed
outside her presence. People v. Barrow, 139
P.3d 636 (Colo. 2006).
Subsection (5) requires that a waiver of
the right to parental attendance must be
express, in writing, and obtained after a
Miranda advisement; however, it does not
require that the writing be signed. People
v. Grant, 30 P.3d 667 (Colo. App. 2000),
aff'd, 48 P.3d 543 (Colo. 2002).
Although subsection (5) does not
require a signature on the written waiver
of parental attendance, the written waiver
must in some manner be attributable to
the person against whom it is to be
enforced. A signature on the document
obviously is the most direct means to
demonstrate this, but it is not the only way
for one to acknowledge or ratify the
document. People v. Grant, 30 P.3d 667
Colorado Revised Statutes 2026
Title 19 - Children's Code
-261-
(Colo. App. 2000), aff'd, 48 P.3d 543 (Colo.
2002).
Detective complied with this section by
informing both the juvenile and his
guardian verbally that the juvenile had
the right to have his guardian present
during police questioning. The signed
waiver form also indicated the right to have
the guardian present. People v. Barrios, 2019
CO 10, 433 P.3d 1218.
Even though the detective minimized
the potential offenses and there was a lack
of actual consultation between the
juvenile and his guardian, the juvenile
legally waived his right to have his
guardian present during the interrogation.
Under the totality of the circumstances,
those concerns did not undermine the
reliability of the waiver. People v. Barrios,
2019 CO 10, 433 P.3d 1218.
Where parent is himself incarcerated,
his ability to guide and advise the child is
hobbled and restrained by his own
circumstances to such an extent that his
mere physical presence does not satisfy the
requirements of this section concerning
confessions of a child. People in Interest of
L.B., 33 Colo. App. 1, 513 P.2d 1069
(1973).
A child's confession is inadmissible where
the child receives inadequate guidance
because the parent is present but also
incarcerated, or where a counselor or
caseworker is substituted for the parent.
People in Interest of M.M., 43 Colo. App.
65, 599 P.2d 968 (1979).
Because parent must be in position to
freely advise. To effectively provide the
guidance and advice contemplated by this
section, the parent must be in a position to
give advice freely, and a parent who is
himself incarcerated is in no such position.
People in Interest of L.B., 33 Colo. App. 1,
513 P.2d 1069 (1973).
Where interest of parents is obviously
adverse to interests of minor, they are
disqualified to act under the provisions of
this section. People in Interest of P.L.V ., 176
Colo. 342, 490 P.2d 685 (1971); People v.
Hayhurst, 194 Colo. 292, 571 P.2d 721
(1977).
The fact that the father was upset with
his son's possible involvement in a crime
does not mean that their interests were
necessarily adverse. People v. Hayhurst, 194
Colo. 292, 571 P.2d 721 (1977).
A pending investigation against a
parent does not create a per se rule that the
parent's interests are hostile or adverse to
those of a child who comes under police
investigation. People v. White, 64 P.3d 864
(Colo. App. 2002).
Out-of-state runaways are not afforded
the protections of this section. Statements
from a juvenile who is a runaway from
another state are admissible if the juvenile is
of sufficient age and understanding.
Sufficient age and understanding refers to
the juvenile's ability to understand his or her
constitutional rights and to make a knowing,
intelligent, and voluntary waiver. People v.
Blankenship, 30 P.3d 698 (Colo. App. 2000).
There is a rational basis under
subsection (2) for distinguishing between
out-of-state runaways and in -state
runaways. Parents of in -state runaways
Colorado Revised Statutes 2026
Title 19 - Children's Code
-262-
presumably live in state and can be
contacted more easily and be present for an
interrogation with less difficulty. People v.
Blankenship, 119 P.3d 552 (Colo. App.
2005).
Runaway is defined as an unmarried
person under the age of 18 and who ran
away from home or is otherwise beyond
parental control. People v. Blankenship, 30
P.3d 698 (Colo. App. 2000).
Counsel appointed if person appearing
with juvenile is neutral or hostile. The
only effective means of implementing the
purposes of this statute in situations where
person appearing with juvenile is neutral or
hostile to the juvenile's interests is to appoint
counsel. People v. Maes, 194 Colo. 235, 571
P.2d 305 (1977).
Former subsection (3)(c)(I) (now
subsection (1)) provides for the presence
of an attorney, or the public defender, at
the interrogation. People v. McAnally, 192
Colo. 12, 554 P.2d 1100 (1976).
Appointed counsel must be present at
confession. Appointment of counsel does
not alleviate the necessity for compliance
with this section where counsel was not
present at the time of the confession. People
in Interest of M.M., 43 Colo. App. 65, 599
P.2d 968 (1979).
But right to counsel held waived.
Child's execution of financial eligibility
form and interview by member of public
defender's office did not constitute an
unambiguous invocation of the right to
counsel. Under totality of the circumstances,
statement by juvenile's mother to police
concerning public defender representation
simply indicated mother's concern over legal
representation in light of financial
circumstances, and was not a clear assertion
of right to counsel. People v. Grant, 30 P.3d
667 (Colo. App. 2000), aff'd on other
grounds, 48 P.3d 543 (Colo. 2002).
Guardian ad litem appointed for
custody purposes may be representative
for juvenile's interests in criminal
interrogation. Attorney guardian ad litem
who was familiar with the juvenile and his
familial and criminal background was
qualified to appropriately serve the interests
of the juvenile. Fact that the guardian was
originally appointed to represent juvenile in
custodial proceeding was not dispositive of
whether guardian could also adequately
represent juvenile defendant during
custodial interrogation. People v. S.M.D.,
864 P.2d 1103 (Colo. 1994).
Trial court properly found that juvenile
was emancipated, therefore absence of the
juvenile's parent at custodial
interrogation did not require the court to
suppress the juvenile's statement. The trial
court appropriately found that the juvenile
was emancipated where the juvenile had
been on his own for three months and had
not been receiving financial support from his
mother. People v. Lucas, 992 P.2d 619
(Colo. App. 1999).
Trial court properly held that juvenile
was emancipated even though legal and
physical custody of the juvenile had been
placed with the department of human
services. The language of this section
implicitly recognizes that a juvenile may be
emancipated from the custody of someone
other than the parent, including the state.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-263-
People v. Lucas, 992 P.2d 619 (Colo. App.
1999).
Application of former subsection
(3)(c)(I) (now subsection (1)). Read in
context, the limitations of former subsection
(3)(c)(I) (now subsection (1)) apply only
when a child is in temporary custody or
under detention, as those terms are used in
the Colorado Children's Code. People v.
Maynes, 39 Colo. 158, 562 P.2d 756 (1977);
People v. L.A., 199 Colo. 390, 609 P.2d 116
(Colo. 1980); People in Interest of G.L., 631
P.2d 1118 (Colo. 1981).
Although not expressly so limited, it is
clear that former subsection (3)(c)(I) (now
subsection (1)) concerns questioning of a
child while in temporary custody or under
detention. People v. Maynes, 39 Colo. 158,
562 P.2d 756 (1977).
The requirements of former subsection
(3)(c)(I) (now subsection (1)) do not apply
to interrogation of a child by a law
enforcement official concerning traffic
offenses which could not result in the child's
being adjudicated a delinquent. People v.
Maynes, 39 Colo. 158, 562 P.2d 756 (1977).
The exclusionary rule of former
subsection (3)(c)(I) (now subsection (1))
does not apply to a child's statement made to
a treating physician when that statement is
not the result of an interrogation by a law
enforcement official. People in Interest of
R.G., 630 P.2d 89 (Colo. App. 1981).
Under Miranda and former subsection
(3)(c)(I) (now subsection (1)), the decisive
stage for the warnings is custodial
interrogation, i.e., questioning initiated by
law enforcement officers after a person has
been taken into custody or otherwise
deprived of his freedom of action in any
significant way. People v. Lee, 630 P.2d 583
(Colo. 1981).
Subsection (1) applies only to consent
searches and not to searches incident to a
lawful arrest. People in Interest of S.J.F.,
736 P.2d 29 (Colo. 1987).
Subsection (1) is inapplicable to a search
consented to by a minor in a noncustodial
setting. People in Interest of S.J., 778 P.2d
1384 (Colo. 1989).
Subsection (1) does not require that
parents, irrespective of the rules of
evidence, be permitted to testify
concerning all statements made by their
child during an interrogation at which they
were present. People v. Raibon, 843 P.2d 46
(Colo. App. 1992).
Physical custodians under subsection
(1) must be limited to the adult or adults
with whom the child resided immediately
prior to the arrest and custodial
interrogation. If an adult is functioning as a
current physical custodian for the child at
the time of the interrogation, a protective
relationship sufficient to satisfy the
legislative purposes presumptively exists.
People v. Legler, 969 P.2d 691 (Colo. 1998).
Principal and security officer did not
act as agents of the police. Whether or not
an individual conducting a search is an agent
of the police and thus "a law enforcement
official" under subsection (1) is determined
by the totality of the circumstances. The fact
that the police officer supplied information
to the school principal with the intent of
initiating a search and that he was present on
Colorado Revised Statutes 2026
Title 19 - Children's Code
-264-
school premises during the investigation do
not support a finding that the principal and
security officer acted as agent of "a law
enforcement official". People in Interest of
P.E.A., 754 P.2d 382 (Colo. 1988); People in
Interest of F.M., 754 P.2d 390 (Colo. 1988).
This section does not apply to
admission of paternity by minor. People in
Interest of R.L.N., 43 Colo. App. 542, 605
P.2d 491 (1980).
Applied in People v. Salazar, 189 Colo.
429, 541 P.2d 676 (1975); D.W. v. Dist.
Court, 193 Colo. 194, 564 P.2d 949 (1976);
People v. Cunningham, 194 Colo. 228, 570
P.2d 1086 (1977); People v. L.A., 199 Colo.
390, 609 P.2d 116 (1980); People v. Trujillo,
624 P.2d 924 (Colo. App. 1980).
19-2.5-204. Issuance of a lawful warrant taking a juvenile into custody.
(1) A lawful warrant taking a juvenile into custody may be issued pursuant to this section by
any judge of a court of record or by a juvenile magistrate upon receipt of an affidavit relating
facts sufficient to establish probable cause to believe that a delinquent act has been committed
and probable cause to believe that a particular juvenile committed that act. Upon receipt of such
affidavit, the judge or magistrate shall issue a lawful warrant commanding any peace officer to
take the juvenile named in the affidavit into custody and to take the juvenile without unnecessary
delay before the nearest judge of the juvenile court or magistrate pursuant to section 19 -2.5-305
(4)(e)(I).
(2) Upon filing of a petition in the juvenile court, the district attorney may request a warrant
to issue that authorizes the taking of a juvenile into temporary custody. If a warrant is requested,
the petition must be accompanied by a verified affidavit relating facts sufficient to establish
probable cause that the juvenile has committed the delinquent act set forth in the petition.
(3) A warrant for the arrest of a juvenile for violation of the conditions of probation or of a
bond may be issued by any judge of a court of record or juvenile magistrate upon the report of a
juvenile probation officer or upon the verified complaint of any person, establishing to the
satisfaction of the judge or juvenile magistrate probable cause to believe that a condition of
probation or of a bond has been violated and that the arrest of the juvenile is reasonably
necessary. The warrant may be executed by any juvenile probation officer or by a peace officer
authorized to execute warrants in the county in which the juvenile is found. If the warrant is for a
juvenile found in contempt of court in a truancy proceeding, the court shall follow the procedures
set forth in section 22-33-108 (7).
Source: L. 2021: (3) amended, (SB 21 -071), ch. 463, p. 3333, § 1, effective July 6; entire
article added with relocations, (SB 21-059), ch. 136, p. 569, § 2, effective October 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-265-
Editor's note: (1) This section is similar to former § 19-2-503 as it existed prior to 2021.
(2) Subsection (3) was numbered as 19 -2-503 (3) in SB 21 -071 (see L. 2021, p. 3333). That
provision was harmonized with subsection (3) of this section as it appears in SB 21-059.
19-2.5-205. Search warrants - issuance - grounds.
(1) A search warrant authorized by this section may be issued by any judge of a court of
record or by a juvenile magistrate.
(2) A search warrant may be issued pursuant to this section to search for and seize any
property:
(a) That is stolen or embezzled; or
(b) That is designed or intended for use as a means of committing a delinquent act; or
(c) That is or has been used as a means of committing a delinquent act; or
(d) The possession of which is illegal; or
(e) That would be material evidence in a subsequent criminal prosecution or delinquency
adjudication in this state or in another state; or
(f) The seizure of which is expressly required, authorized, or permitted by any statute of this
state; or
(g) That is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of
a statute of this state, under circumstances involving a serious threat to public safety or order or
to public health.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 570, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-504 as it existed prior to 2021.
19-2.5-206. Search warrants - application.
(1) A search warrant shall issue only on affidavit sworn to or affirmed before the judge or
juvenile magistrate and relating facts sufficient to:
Colorado Revised Statutes 2026
Title 19 - Children's Code
-266-
(a) Identify or describe, as nearly as may be, the premises, person, place, or thing to be
searched;
(b) Identify or describe, as nearly as may be, the property to be searched for, seized, or
inspected;
(c) Establish the grounds for issuance of the warrant or probable cause to believe that such
grounds exist; and
(d) Establish probable cause to believe that the property to be searched for, seized, or
inspected is located at, in, or upon the premises, person, place, or thing to be searched.
(2) The affidavit required by this section may include sworn testimony reduced to writing
and signed under oath by the witness giving the testimony before issuance of the warrant. A copy
of the affidavit and a copy of the transcript of testimony taken in support of the request for a
search warrant must be attached to the search warrant filed with the court.
(3) The supreme court may establish rules for procedures governing application for and
issuance of search warrants consistent with this section.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 570, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-505 as it existed prior to 2021.
19-2.5-207. Fingerprinting - juvenile under arrest - ordered by court - definition.
(1) For purposes of this section, "juvenile" means any juvenile who is charged with
committing, summoned, or held in detention for committing a delinquent act that constitutes a
felony, a class 1 misdemeanor, or a misdemeanor pursuant to section 42 -4-1301 or a crime, the
underlying factual basis of which included an act of domestic violence, as defined in section 18 -
6-800.3 (1), as if committed by an adult.
(2) (a) Any juvenile detained pursuant to this article 2.5 must be fingerprinted by the entity
authorized by the court or the local law enforcement agency to obtain fingerprints, except for
juvenile detention centers and alternative service programs, otherwise known as "SB 91 -94
programs", described in section 19-2.5-606. Such entity or local agency shall forward a set of the
juvenile's fingerprints to the Colorado bureau of investigation in the form and manner prescribed
by the bureau.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-267-
(b) Any fingerprints required by this section to be forwarded to the Colorado bureau of
investigation must be forwarded within twenty -four hours after completion of the fingerprinting,
excluding Saturdays, Sundays, and legal holidays.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 571, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-503.5 (1), (2), and (4) as it existed prior
to 2021.
19-2.5-208. Petty tickets - summons - contracts - data.
(1) (a) If a law enforcement officer contacts a juvenile ten years of age or older for a
delinquent act that would be a petty offense if committed by an adult or a municipal ordinance
violation, the officer may issue the juvenile a petty ticket that requires the juvenile to go through
an assessment process or procedure as designated by the municipal, county, or district court,
including assessment by a law enforcement officer, assessment officer, or a screening team,
referred to in this section as the "screening entity". When a petty ticket is issued, an assessment
officer or screening team officer shall offer a petty offense contract to the juvenile and the
juvenile's parent or legal guardian if:
(I) The juvenile has no prior adjudication or non -traffic conviction in a municipal, county,
juvenile, or district court;
(II) The alleged offense would be a class 1, class 2, or unclassified petty offense;
(III) The juvenile admits to the offense; and
(IV) The petty offense contract is in the best interests of the juvenile.
(b) If the juvenile is otherwise eligible for a petty offense contract pursuant to this subsection
(1), but the screening entity finds that the issuance of a petty offense contract is not in the best
interests of the juvenile, the screening entity shall state the reasons in writing. The screening
entity shall provide a copy of the written statement to the juvenile and shall maintain a copy of
the written statement. If there is no agreement resulting in a signed contract pursuant to this
section, the prosecuting attorney may file a petition of delinquency.
(2) Every contract entered into pursuant to this section must be in writing and contain the
following:
(a) Consent to the contract terms by the juvenile and the juvenile's parent or legal guardian;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-268-
(b) An agreement to pay restitution, when applicable;
(c) An agreement to perform useful community service, when applicable;
(d) An agreement to attend school unless the juvenile is in a certified home study program or
is otherwise legally excused from such attendance;
(e) A requirement of restorative justice practices, when appropriate;
(f) A requirement that the juvenile not commit a delinquent act during the term of the
contract; and
(g) Any other conditions determined appropriate by the screening entity.
(3) The term of the contract may not exceed ninety-one days; except that the contract may be
extended for an additional thirty-five days for good cause.
(4) Upon the successful completion of the contract to the satisfaction of the screening entity,
the juvenile is released from any further obligation, and the prosecuting attorney shall not file a
petition in delinquency for the admitted act. The completed contract remains confidential except
to the ticketing agency, the screening and supervisory entity, the juvenile, and the juvenile's
parent or legal guardian.
(5) (a) If a juvenile fails to comply with a written condition of the contract within a specific
time designated in the contract, the prosecuting attorney may file charges with the court. The
contract and any statements contained in the contract or made by the juvenile to the screening
entity administering the contract must not be used against the juvenile.
(b) If there is no agreement resulting in a signed contract, any statement made by the juvenile
to the screening entity administering the assessment must not be used against the juvenile.
(c) Notwithstanding subsections (5)(a) and (5)(b) of this section, statements or admissions of
a juvenile contained in the contract or made by the juvenile to the screening entity are admissible
into evidence, if the juvenile makes any deliberate misrepresentations affecting the applicability
or requirements of this section.
(6) (a) Each law enforcement agency that issues petty offense tickets pursuant to this section
shall maintain annual data on the number of tickets issued and the age, ethnicity, gender, and
final disposition for each ticket.
(b) The data collected pursuant to subsection (6)(a) of this section is public and must be
made available upon request.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 571, § 2,
effective October 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-269-
Editor's note: This section is similar to former § 19-2-302.5 as it existed prior to 2021.
19-2.5-209. Taking juvenile into custody.
(1) A juvenile may be taken into temporary custody by a law enforcement officer without
order of the court when there are reasonable grounds to believe that the juvenile has committed a
delinquent act.
(2) A juvenile may be taken into temporary custody by a law enforcement officer executing a
lawful warrant taking a juvenile into custody issued pursuant to section 19-2.5-204.
(3) A juvenile probation officer may take a juvenile into temporary custody:
(a) Under the circumstances stated in subsection (1) of this section; or
(b) If the juvenile has violated the conditions of probation and is under the continuing
jurisdiction of the juvenile court.
(4) A juvenile may be detained temporarily by an adult other than a law enforcement officer
if the juvenile has committed or is committing a delinquent act in the presence of such adult. Any
person detaining a juvenile shall notify, without unnecessary delay, a law enforcement officer,
who shall assume custody of said juvenile.
(5) The taking of a juvenile into temporary custody pursuant to this section is not an arrest,
nor does it constitute a police record.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 573, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-502 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Phrase, "acts which if committed by an
adult," was intended to define general
type of conduct for which child might be
taken into custody and for which he might
be adjudicated delinquent. The phrase does
not create limitation on power of state, but
merely establishes general category of
behavior for which children may be
Colorado Revised Statutes 2026
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adjudicated delinquent. In re People in
Interest of B.M.C., 32 Colo. App. 79, 506
P.2d 409 (1973).
Section 19 -2-511 is applicable even
when a juvenile lies to police about his
age. Nicholas v. People, 973 P.2d 1213
(Colo. 1999).
General assembly did not provide for an
exception for juveniles who lie about their
age to the police and claim to be adults. Nor
is there a "good faith" exception for cases in
which the police reasonably but mistakenly
believe that their suspect is an adult.
Nicholas v. People, 973 P.2d 1213 (Colo.
1999).
This interpretation is consistent with the
way civil law protects juveniles from being
bound by legal decisions they make even if
they lie about their age. Nicholas v. People,
973 P.2d 1213 (Colo. 1999).
Grounds for custody include violation
of statute. Child may be taken into
temporary custody if he violates statute or
ordinance which makes specific behavior by
children unlawful, even though such
behavior if committed by adult is not
unlawful. In re People in Interest of B.M.C.,
32 Colo. App. 79, 506 P.2d 409 (1973).
Jurisdiction to order removal of life -
sustaining devices. A juvenile court has
jurisdiction in a shelter hearing to order the
removal of all extraordinary life -sustaining
devices from a child in the temporary
custody of the department of social services
if in the doctor's opinion the legal standard
of cerebral death has been met. Lovato v.
Dist. Court, 198 Colo. 419, 601 P.2d 1072
(1979).
Applied in People ex rel. Thompson v.
Purcell, 70 Colo. 399, 201 P. 881(1921);
People v. L.A., 199 Colo. 390, 609 P.2d 116
(1980); Griffin v. Pate, 644 P.2d 51 (Colo.
App. 1981).
PART 3
DETENTION
19-2.5-301. Legislative declaration.
The general assembly declares that the placement of children and juveniles in a detention
facility exacts a negative impact on the mental and physical well -being of the child or juvenile,
and such detention may make it more likely that the child or juvenile will reoffend. Children and
juveniles who are detained are more likely to penetrate deeper into the juvenile justice system
than similar children or juveniles who are not detained, and community -based alternatives to
detention should be based on the prin ciple of using the least -restrictive setting possible and
returning a child or juvenile to his or her home, family, or other responsible adult whenever
possible consistent with public safety. It is the intent of the general assembly in adopting section
19-2.5-304 and amending sections 19 -2.5-303, 19-2.5-305, and 19 -2.5-1404 to limit the use of
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detention to only those children and juveniles who pose a substantial risk of serious harm to
others or that are a flight risk from prosecution.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 573, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-211.5 as it existed prior to 2021.
19-2.5-302. Local juvenile services planning committee - creation - duties -
identification and notification of dually identified crossover youth.
(1) If all of the boards of commissioners of each county or the city council of each city and
county in a judicial district agree, there may be created in the judicial district a local juvenile
services planning committee that is appointed by the chief judge of the judicial district or, for the
second judicial district, the presiding judge of the Denver juvenile court, from persons
recommended by the boards of commissioners of each county or the city council of each city and
county within the judicial district. The committee, if practicable, must include, but need not be
limited to, a representative from a county department of human or social services, a local school
district, a local law enforcement agency, a local probation department, the division of youth
services, private citizens, the district attorney's office, the public defender's office, a community
mental health representative, and a representative of the concerns of municipalities. The
committee, if created, shall meet as necessary to develop a plan for the allocation of resources for
local juvenile services within the judicial district for the fiscal year. The committee is strongly
encouraged to consider programs with restorative justice components when developing the plan.
The state department of human services shall approve the plan. A local juvenile services planning
committee may be consolidated with other local advisory boards pursuant to section 24-1.7-103.
(1.5) If all of the boards of commissioners for Douglas, Elbert, and Lincoln counties agree,
on and after November 1, 2024, there is created in the twenty -third judicial district a local
juvenile services planning committee that is appointed initially by the administrative judge of the
twenty-third judicial district from persons recommended by the boards of commissioners of such
counties. After January 7, 2025, the chief judge of the twenty -third judicial district shall appoint
members of the committee. If practicable, the committee must include the members identified in
subsection (1) of this section. The committee has the duties specified in subsection (1) of this
section.
(2) The plan must provide for the management of dually identified crossover youth. The plan
must contain descriptions and processes to include:
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(a) A process for the identification of dually identified crossover youth at the earliest
reasonable point of contact;
(b) A method for collaborating and exchanging information with other judicial districts,
including with the collaborative management program described in section 24 -1.9-102 and
consistent with the data-sharing policies of the collaborative management program;
(c) A process for promptly communicating information about the youth's crossover status
between the child welfare and juvenile justice systems and to notify each other of the new
involvement in the respective system or information that may aid in the identification of dually
identified crossover youth. The following parties should be notified of a youth's status as a dually
identified crossover youth if applicable: Public defenders, district attorneys, local juvenile
services planning committee coordinators, human or social services department representatives,
probation representatives, juvenile court representatives, parents, and guardians ad litem.
(d) A process for identifying the appropriate services or placement -based assessment for a
dually identified crossover youth;
(e) A process for sharing and gathering information in accordance with applicable laws,
rules, and county policy;
(f) A process for the development of a single case management plan and identification of the
lead agency for case management purposes and the engagement of dually identified crossover
youth and their caregivers;
(g) A process that facilitates the sharing of assessments and case planning information and
includes policies around sharing information with other judicial districts;
(h) A process for a multidisciplinary group of professionals to consider decisions that include
youth and community safety, placement, provision of needed services, alternatives to detention
and commitment, probation, parole, permanency, education stability, and case closure; and
(i) A requirement that dually identified crossover youth placed in a secure detention facility
who are deemed eligible for release by the court be placed in the least restrictive setting
whenever possible to reduce the disparity between dually identified crossover youth and
nondually identified crossover youth in secure detention.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 574, § 2,
effective October 1. L. 2024: (1.5) added, (HB 24-1212), ch. 8, p. 20, § 2, effective February 27.
Editor's note: This section is similar to former § 19-2-211 as it existed prior to 2021.
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19-2.5-303. Duty of officer - screening teams - notification - release or detention.
(1) When a juvenile is taken into temporary custody and not released pending charges, the
officer shall notify the screening team for the judicial district in which the juvenile is taken into
custody. The screening team shall notify the juvenile's parent, guardian, or legal custodian
without unnecessary delay and inform the juvenile's parent, guardian, or legal custodian that, if
the juvenile is placed in detention or a temporary holding facility, all parties have a right to a
prompt hearing to determine whether the juvenile is to be detained further. Such notification may
be made to a person with whom the juvenile is residing if a parent, guardian, or legal custodian
cannot be located. If the screening team is unable to make such notification, the notification may
be made by any law enforcement officer, juvenile probation officer, detention center counselor,
or detention facility staff in whose physical custody the juvenile is placed.
(2) (a) If the law enforcement officer does not release the juvenile to the care of the juvenile's
parents, legal guardian, kin, or other responsible adult, the screening team shall administer a
validated detention screening instrument developed or adopted pursuant to section 19 -2.5-1404.
The law enforcement officer, screening team, or juvenile court shall not remove the juvenile
from the custody of the parent or legal guardian pursuant to this section unless the screening
team or the juvenile court:
(I) (A) First finds that a validated detention screening instrument selected or adopted
pursuant to section 19 -2.5-1404 has been administered and the juvenile scored as detention -
eligible; or
(B) There are grounds to override the results of the detention screening instrument based on
the criteria developed in accordance with section 19-2.5-1404; and
(II) Finds that the juvenile poses a substantial risk of serious harm to others or a substantial
risk of flight from prosecution and finds that community -based alternatives to detention are
insufficient to reasonably mitigate that risk. Flight from prosecution is distinguished from simple
failure to appear and must generally be evidenced by a demonstrated record of repeat, recent
willful failures to appear at a scheduled court appearance.
(b) The screening team shall administer the detention screening instrument for each juvenile
under consideration for detention. The detention screening instrument must be administered by a
screener who has completed training to administer the detention screening instrument.
(c) Any information concerning a juvenile that is obtained during the administration of the
detention screening instrument must be used solely for the purpose of making a recommendation
to the court regarding the continued detention of the juvenile. The information is not subject to
subpoena or other court process, for use in any other proceeding, or for any other purpose.
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(d) Court records and division of youth services records must include data on detention
screening scores and, if the score does not mandate detention, the explanation for the override
placing the juvenile in detention.
(e) A juvenile who must be taken from the juvenile's home but who does not require physical
restriction must be given temporary care with a grandparent, kin, or other suitable person; in a
temporary shelter facility designated by the court; or with the county department of human or
social services and must not be placed in detention.
(f) The screening team and the juvenile court shall use the results from the detention
screening instrument in making a release determination. The court is encouraged to take into
consideration the juvenile's educational progress and ability to achieve credits toward graduation.
Release options include allowing a juvenile to return home with no supervision, or with limited
supervision such as a location monitoring device, or a referral to a preadjudication alternative to
detention or service program established pursuant to section 19-2.5-606.
(3) (a) The juvenile must be released to the care of the juvenile's parents, kin, or other
responsible adult, unless a determination has been made in accordance with subsection (2) of this
section that the juvenile's substantial risk of serious harm to others requires that the juvenile be
detained. The court may make reasonable orders as conditions of release pursuant to section 19 -
2.5-305 (5). In addition, the court may provide that any violation of such orders may subject the
juvenile to contempt sanctions of the court. The parent, kin, or other person to whom the juvenile
is released is required to sign a written promise, on forms supplied by the court, to bring the
juvenile to the court at a time set or to be set by the court. Failure, without good cause, to comply
with the promise subjects the juvenile's parent or any other person to whom the juvenile is
released to contempt sanctions of the court.
(b) Parents or legal guardians of a juvenile released from detention pursuant to this section
shall complete the relative information form described in section 19 -2.5-1404 (1)(b)(VIII) no
later than the next hearing on the matter.
(4) (a) Except as required in subsection (4)(b) of this section, a law enforcement officer shall
not detain a juvenile any longer than is reasonably necessary to obtain basic identification
information and to contact the juvenile's parents, guardian, or legal custodian.
(b) If the juvenile is not released as required in subsection (3) of this section, the juvenile
must be taken directly to the court or to the place of detention, a temporary holding facility, a
temporary shelter designated by the court, or a preadjudication service program established
pursuant to section 19-2.5-606 without unnecessary delay.
(5) (a) As an alternative to taking a juvenile into temporary custody pursuant to subsections
(1), (3), and (4) of this section, a law enforcement officer may, if authorized by the establishment
of a policy that permits such service by order of the chief judge of the judicial district or the
presiding judge of the Denver juvenile court, which policy is established after consultation
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between such judge and the district attorney and law enforcement officials in the judicial district,
serve a written promise to appear for juvenile proceedings based on any act that would constitute
a felony, misdemeanor, or petty offense upon the juvenile and the juvenile's parent, guardian, or
legal custodian.
(b) A promise to appear served pursuant to subsection (5)(a) of this section must state any
charges against the juvenile and the date, time, and place where the juvenile is required to answer
such charges. The promise to appear must also state:
(I) That the juvenile has the right to have the assistance of counsel;
(II) That counsel can be appointed for the juvenile if the juvenile and the juvenile's parent,
guardian, or legal custodian lack adequate resources to retain counsel or the juvenile's parent,
guardian, or legal custodian refuses to retain counsel for the juvenile;
(III) That, to determine if the juvenile is eligible for court -appointed counsel, or to apply for
court-appointed counsel, the juvenile's parent, guardian, or legal custodian is advised to call the
office of the state public defender, visit the state public defender's office, or visit the state public
defender's internet website;
(IV) That, to avoid delay in obtaining counsel, the juvenile's parent, guardian, or legal
custodian is advised to apply for court -appointed counsel at least five days, excluding Saturdays,
Sundays, and legal holidays, before the juvenile's promised date of appearance; and
(V) The contact information for the local office of the state public defender, including the
office's telephone number and address, and the address of the internet website of the office of the
state public defender.
(c) Repealed.
(d) The juvenile shall sign the promise to appear. The promise to appear must be served upon
the juvenile's parent, guardian, or legal custodian by personal service or by certified mail, return
receipt requested. The date established for the juvenile and the juvenile's parent, guardian, or
legal custodian to appear must not be earlier than seven days nor later than thirty -five days after
the promise to appear is served upon both the juvenile and the juvenile's parent, guardian, or
legal custodian.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 575, § 2,
effective October 1. L. 2022: (5)(c) repealed, (SB 22 -018), ch. 191, p. 1274, § 6, effective July
15. L. 2024: (2)(f) amended, (HB 24-1216), ch. 314, p. 2114, § 2, effective August 7.
Editor's note: This section is similar to former § 19-2-507 as it existed prior to 2021.
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ANNOTATION
Section provides for due process. The
specific procedures in this section grant to
juveniles all that is required under the due
process clauses of the United States and the
Colorado constitutions. J.T. v. O'Rourke ex
rel. Tenth Judicial Dist., 651 P.2d 407 (Colo.
1982) (decided under former law).
19-2.5-304. Limitations on detention.
(1) Detention is not permitted for the following:
(a) Juveniles who have not committed, or have not been accused of committing, a delinquent
act unless otherwise found in contempt of court;
(b) Delinquent and nondelinquent juveniles who have been placed in the legal custody of a
county department of human or social services pursuant to a petition in dependency or neglect
and are solely awaiting out-of-home placement;
(c) Juveniles who at admission require medical care, are intoxicated, or are under the
influence of drugs, to an extent that custody of the juvenile is beyond the scope of the detention
facility's medical service capacity;
(d) Juveniles who are solely assessed as suicidal or exhibit behavior placing them at
imminent risk of suicide; and
(e) Juveniles who have not committed a delinquent act but present an imminent danger to
self or others or appear to be gravely disabled as a result of a mental health disorder or an
intellectual and developmental disability.
(2) A juvenile court shall not order a juvenile who is ten years of age and older but less than
thirteen years of age to detention unless the juvenile has been arrested for a felony or weapons
charge pursuant to section 18 -12-102, 18-12-105, 18-12-106, or 18 -12-108.5. A preadjudication
service program created pursuant to section 19-2.5-606 shall evaluate a juvenile described in this
subsection (2). The evaluation may result in the juvenile:
(a) Remaining in the custody of a parent or legal guardian;
(b) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care
home or noncertified kinship care placement, as defined in section 19 -1-103, or other suitable
person under such conditions as the court may impose;
(c) Being placed in a temporary shelter facility; or
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(d) Being referred to a local county department of human or social services for assessment
for placement.
(3) A juvenile shall not be placed in detention solely:
(a) Due to lack of supervision alternatives, service options, or more appropriate facilities;
(b) Due to the community's inability to provide treatment or services;
(c) Due to a lack of supervision in the home or community;
(d) In order to allow a parent, guardian, or legal custodian to avoid legal responsibility;
(e) Due to a risk of the juvenile's self-harm;
(f) In order to attempt to punish, treat, or rehabilitate the juvenile;
(g) Due to a request by a victim, law enforcement, or the community;
(h) In order to permit more convenient administrative access to the juvenile;
(i) In order to facilitate further interrogation or investigation; or
(j) As a response to technical violations of probation unless the results of a detention
screening instrument indicate that the juvenile poses a substantial risk of serious harm to others
or if the applicable graduated responses system adopted pursuant to section 19 -2.5-1108 allows
for such a placement.
(4) The placement of a juvenile in a state -owned psychiatric residential treatment facility, as
defined in section 26-6-903, is not considered detention for the purposes of this section.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 578, § 2,
effective October 1. L. 2025: (4) added, (HB 25-1172), ch. 155, p. 627, § 2, effective August 6.
Editor's note: This section is similar to former § 19-2-507.5 as it existed prior to 2021.
19-2.5-305. Detention and shelter - hearing - time limits - findings - review - guardian
ad litem appointed - confinement with adult offenders - restrictions.
(1) Unless placement is prohibited pursuant to section 19 -2.5-304, when a juvenile is placed
in a detention facility, in a temporary holding facility, or in a temporary shelter facility
designated by the court, the screening team shall promptly notify the court, the district attorney,
and the local office of the state public defender. The screening team shall also notify a parent or
legal guardian or, if a parent or legal guardian cannot be located within the county, the person
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with whom the juvenile has been residing and inform such person of the right to a prompt
hearing to determine whether the juvenile is to be detained further. The court shall hold the
detention hearing within forty-eight hours, excluding Saturdays, Sundays, and legal holidays. For
a juvenile being held in detention on a warrant for violating a valid court order on a status
offense, the court shall hold the detention hearing within twenty-four hours, excluding Saturdays,
Sundays, and legal holidays.
(2) A juvenile who is detained for committing a delinquent act must be represented at the
detention hearing by counsel. If the juvenile has not retained his or her own counsel, the court
shall appoint the office of the state public defender or, in the case of a conflict, the office of
alternate defense counsel to represent the juvenile. This appointment continues if the court
appoints the office of the state public defender or the office of alternate defense counsel pursuant
to section 19-2.5-605 (2)(a) unless:
(a) The juvenile retains his or her own counsel; or
(b) The juvenile makes a knowing, intelligent, and voluntary waiver of the right to counsel,
as described in section 19-2.5-605 (2)(c).
(2.5) The court shall, at the juvenile's detention hearing, appoint a guardian ad litem for a
juvenile detained pursuant to this article 2.5. An appointment made pursuant to this subsection
(2.5) terminates upon the release of the juvenile from detention unless the court also finds a basis
for the appointment pursuant to section 19-1-111 (2)(a).
(3) (a) (I) A juvenile taken into custody pursuant to this article 2.5 and placed in a detention
or temporary shelter facility or a temporary holding facility is entitled to a hearing within forty -
eight hours after such placement, excluding Saturdays, Sundays, and legal holidays, to determine
if the juvenile should be detained. The time of the detention hearing must allow defense counsel
sufficient time to consult with the juvenile before the detention hearing. This consultation may be
performed by secure electronic means if the conditions under which the electronic consultation is
held allow the consultation to be confidential. The time in which the hearing must be held may
be extended for a reasonable time by order of the court upon good cause shown.
(II) The law enforcement agency that arrested the juvenile shall promptly provide to the
court and to defense counsel the affidavit supporting probable cause for the arrest and the arrest
report, if the arrest report is available, and the screening team shall promptly provide to the court
and to defense counsel results from the detention risk screening prepared pursuant to the
juvenile's arrest. Upon completion of the detention hearing, the defense shall return any materials
received pursuant to this subsection (3)(a)(II) unless the appointment is continued at the
conclusion of the hearing.
(III) The only purposes of a detention hearing are to determine if a juvenile should be
detained further and to define conditions under which the juvenile may be released, if release is
appropriate. A detention hearing must not be combined with a preliminary hearing or a first
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advisement. Due to the limited scope of a detention hearing, the representation of a juvenile by
appointed counsel at a detention hearing does not, by itself, create a basis for disqualification in
the event that such counsel is subsequently appointed to represent another individual whose case
is related to the juvenile's case.
(IV) With respect to this section, the court may further detain the juvenile only if the court
finds from the information provided at the hearing that:
(A) Probable cause exists to believe that the juvenile committed the delinquent act charged;
(B) On and after thirty -five days after the screening instrument has been developed or
adopted pursuant to section 19 -2.5-1404, the validated detention screening instrument has been
administered and the juvenile scored as detention -eligible; or there are grounds to override the
result of the detention screening instrument based on the criteria developed in accordance with
section 19-2.5-1404; and
(C) The juvenile poses a substantial risk of serious harm to others or a substantial risk of
flight from prosecution and community -based alternatives to detention are insufficient to
reasonably mitigate that risk. Flight from prosecution is distinguished from simple failure to
appear and must generally be evidenced by a demonstrated record of repeat, recent willful
failures to appear at a scheduled court appearance.
(V) A court shall not order further detention for a juvenile who is ten years of age and older
but less than thirteen years of age unless the juvenile has been arrested or adjudicated for a
felony or weapons charge pursuant to section 18 -12-102, 18-12-105, 18-12-106, or 18-12-108.5.
The court shall receive any information having probative value regardless of its admissibility
under the rules of evidence. In determining whether a juvenile requires detention, the court shall
consider the results of the detention screening instrument. There is a rebuttable presumption that
a juvenile poses a substantial risk of serious harm to others if:
(A) The juvenile is alleged to have committed a felony enumerated as a crime of violence
pursuant to section 18-1.3-406; or
(B) The juvenile is alleged to have used, or possessed and threatened to use, a firearm during
the commission of any felony offense against a person, as such offenses are described in article 3
of title 18; or
(C) The juvenile is alleged to have committed possessing a dangerous or illegal weapon, as
described in section 18 -12-102; possession of a defaced firearm, as described in section 18 -12-
103; unlawfully carrying a concealed weapon, as described in section 18 -12-105; unlawfully
carrying a concealed weapon on school, college, or university grounds, as described in section
18-12-105.5; prohibited use of weapons, as described in section 18 -12-106; illegal discharge of a
firearm, as described in section 18 -12-107.5; or illegal possession of a handgun by a juvenile, as
described in section 18-12-108.5.
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(VI) Notwithstanding subsection (3)(a)(IV) of this section, there is no presumption pursuant
to subsection (3)(a)(V) of this section that a juvenile poses a substantial risk of serious harm to
others if the item in the possession of the juvenile is alleged to be a BB gun, a pellet gun, or a gas
gun.
(VII) Except as provided in subsection (3)(a)(IX) of this section, at the conclusion of the
hearing, the court shall enter one of the following orders, while ensuring efforts are made to keep
the juvenile with a parent, guardian, or legal custodian:
(A) That the juvenile be released to the custody of a parent, guardian, legal custodian, kin, or
other suitable person without the posting of bond;
(B) That the juvenile be placed in a temporary shelter facility;
(C) That an unsecured personal recognizance bond be set and that the juvenile be released
accordingly;
(D) That no bail be set and that the juvenile be detained without bail upon a finding that the
juvenile poses a substantial risk of serious harm to others. A juvenile who is detained without
bail must be tried on the charges in the petition filed pursuant to subsection (3)(a)(IX) of this
section within the time limits set forth in section 19 -2.5-904, unless the juvenile is deemed to
have waived the time limit for an adjudicatory trial pursuant to section 19-2.5-610 (4).
(E) That no bail be set and that, upon the court's finding that the juvenile poses a substantial
risk of serious harm to others, the juvenile be placed in a preadjudication service program
established pursuant to section 19 -2.5-606. This subsection (3)(a)(VII)(E) does not apply to any
case in which the juvenile's alleged offense is one of the offenses described in subsection
(3)(a)(V) of this section.
(VIII) A preadjudication service program created pursuant to section 19 -2.5-606 shall
evaluate a juvenile described in subsection (8) of this section. The evaluation may result in the
juvenile:
(A) Remaining in the custody of a parent, guardian, or legal custodian; or
(B) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care
home or noncertified kinship care placement, as defined in section 19 -1-103, or other suitable
person under such conditions as the court may impose; or
(C) Being placed in a temporary shelter facility; or
(D) Being referred to a local county department of human or social services for assessment
for placement.
(IX) When the court orders further detention of the juvenile or placement of the juvenile in a
preadjudication service program after a detention hearing, the district attorney shall file a petition
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alleging the juvenile to be a delinquent within seventy -two hours after the detention hearing,
excluding Saturdays, Sundays, and legal holidays. The juvenile must be held or must participate
in a preadjudication service program pending a hearing on the petition. Upon a showing of good
cause, the court may extend such time for the filing of charges.
(X) Following the detention hearing, if the court orders that the juvenile be released and, as a
condition of such release, requires the juvenile to attend school, the court shall notify the school
district in which the juvenile is enrolled of such requirement.
(XI) If the court orders further detention of a juvenile pursuant to this section, the order must
contain specific findings as follows:
(A) Whether placement of the juvenile out of the juvenile's home would be in the juvenile's
and the community's best interests;
(B) Whether reasonable efforts have been made to prevent or eliminate the need for removal
of the juvenile from the home, whether it is reasonable that such efforts not be provided due to
the existence of an emergency situation that requires the immediate removal of the juvenile from
the home, or whether such efforts not be required due to the circumstances described in section
19-1-115 (7); and
(C) Whether procedural safeguards to preserve parental rights have been applied in
connection with the removal of the juvenile from the home, any change in the juvenile's
placement in a community placement, or any determination affecting family time of the juvenile.
(b) (I) If it appears that a juvenile being held in detention or temporary shelter may have an
intellectual and developmental disability, as described in article 10.5 of title 27, the court or
detention personnel shall refer the juvenile to the nearest case management agency, as defined in
section 25.5-6-1702, for an eligibility determination. If it appears that a juvenile being held in a
detention or temporary shelter facility pursuant to this article 2.5 may have a mental health
disorder, as provided in section 27 -65-106, the intake personnel or other appropriate personnel
shall contact a mental health professional to do a mental health hospital placement prescreening
on the juvenile. The court must be notified of the contact and may take appropriate action. If a
mental health hospital placement prescreening is requested, it must be conducted in an
appropriate place accessible to the juvenile and the mental health professional. A request for a
mental health hospital placement prescreening must not extend the time within which a detention
hearing must be held pursuant to this section. If a detention hearing has been set but has not yet
occurred, the mental health hospital placement prescreening must be conducted prior to the
hearing; except that the prescreening must not extend the time within which a detention hearing
must be held.
(II) If a juvenile has been ordered detained pending an adjudication, disposition, or other
court hearing, and the juvenile subsequently appears to have a mental health disorder, as
described in section 27-65-106, the intake personnel or other appropriate personnel shall contact
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the court with a recommendation for a mental health hospital placement prescreening. A mental
health hospital placement prescreening must be conducted at any appropriate place accessible to
the juvenile and the mental health professional within twenty -four hours after the request,
excluding Saturdays, Sundays, and legal holidays.
(III) When the mental health professional finds, as a result of the prescreening, that the
juvenile may have a mental health disorder, the mental health professional shall recommend to
the court that the juvenile be evaluated pursuant to section 27-65-106.
(IV) Nothing in this subsection (3)(b) precludes the use of procedures for an emergency
mental health hold pursuant to section 27-65-106 (1)(a).
(c) (I) A juvenile taken to a detention or temporary shelter facility or a temporary holding
facility pursuant to section 19-2.5-209 as the result of an allegedly delinquent act that constitutes
any of the offenses described in subsection (3)(a)(V) of this section must not be released from
such facility if a law enforcement agency has requested that a detention hearing be held to
determine whether the juvenile's substantial risk of serious harm to others requires that the
juvenile be detained. A juvenile must not be released from detention except after a hearing,
reasonable advance notice of which has been given to the district attorney, alleging new
circumstances concerning the juvenile's further detention.
(II) Following a detention hearing held in accordance with subsection (3)(c)(I) of this
section, a juvenile who is to be tried as an adult for criminal proceedings pursuant to a direct
filing or transfer must not be held at any adult jail or pretrial facility unless the district court
finds, after a hearing held pursuant to subsection (3)(c)(IV), (3)(c)(V), or (3)(c)(VI) of this
section, that an adult jail is the appropriate place of confinement for the juvenile.
(III) In determining whether an adult jail is the appropriate place of confinement for the
juvenile, the district court shall consider the following factors:
(A) The juvenile's age;
(B) Whether, in order to provide physical separation from adults, the juvenile would be
deprived of contact with other people for a significant portion of the day or would not have
access to recreational facilities or age-appropriate educational opportunities;
(C) The juvenile's current emotional state, intelligence, and developmental maturity,
including any emotional and psychological trauma, and the risk to the juvenile caused by
placement in an adult jail, which risk may be evidenced by mental health or psychological
assessments or screenings made available to the district attorney and to defense counsel;
(D) Whether detention in a juvenile facility will adequately serve the need for community
protection pending the outcome of the criminal proceedings;
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(E) Whether detention in a juvenile facility will negatively impact the functioning of the
juvenile facility by compromising the goals of detention to maintain a safe, positive, and secure
environment for all juveniles within the facility;
(F) The relative ability of the available adult and juvenile detention facilities to meet the
juvenile's needs, including the juvenile's need for mental health and educational services;
(G) Whether the juvenile presents an imminent risk of serious harm to others within a
juvenile facility;
(H) The juvenile's physical maturity; and
(I) Any other relevant factors.
(IV) After charges are filed directly in district court against a juvenile pursuant to section 19-
2.5-801 or a juvenile is transferred to district court pursuant to section 19-2.5-802, the division of
youth services may petition the district court to transport the juvenile to an adult jail. The district
court shall hold a hearing on the place of pretrial detention for the juvenile as soon as practicable,
but no later than twenty -one days after the receipt of the division's petition to transport. The
district attorney, sheriff, or juvenile may file a response to the petition and participate in the
hearing. The juvenile remains in a juvenile detention facility pending hearing and decision by the
district court.
(V) If a juvenile is placed in the division of youth services and is being tried in district court,
the division of youth services may petition the court for an immediate hearing to terminate
juvenile detention placement if the juvenile's placement in a juvenile detention facility presents
an imminent danger to the other juveniles or to staff at the detention facility. In making its
determination, the court shall review the factors set forth in subsection (3)(c)(III) of this section.
(VI) If, after the initial hearing, the district court determines that an adult jail is the
appropriate place of confinement for the juvenile, the juvenile may petition the court for a review
hearing. The juvenile may petition for a review hearing within thirty days after the initial
confinement decision or within thirty days after any subsequent review hearing. Upon receipt of
the petition, the court may set the matter for a hearing if the juvenile has alleged facts or
circumstances that, if true, would warrant reconsideration of the juvenile's placement in an adult
jail based upon the factors set forth in subsection (3)(c)(III) of this section and the factors
previously relied upon by the court. The court shall, upon petition of the juvenile, hold a hearing
to review whether continuing to permit the juvenile to be held in an adult jail or to have sight or
sound restriction serves the interest of justice. The juvenile shall not be held in any adult jail or
lockup, or be permitted to have sight or sound contact with adult inmates, for more than one
hundred eighty consecutive days, unless the court, in writing, determines there is good cause for
an extension or the juvenile expressly waives this limitation.
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(VII) If the court must determine that it is in the interest of justice to detain a juvenile
pursuant to the factors set forth in subsection (3)(c)(III) of this section, the court shall hold a
hearing at least every thirty days, or at least every forty-five days in a rural jurisdiction, to review
whether it is still in the interest of justice to continue to detain the juvenile in an adult jail. The
review hearings may occur by paper if the juvenile does not petition the court for a review
hearing.
(VIII) The maximum amount of time that a juvenile charged as an adult may be detained in
an adult jail is one hundred eighty days, unless the court determines, in writing, that there is good
cause for an extension, or the juvenile expressly waives the one -hundred-eighty-day limit. If the
court holds a good cause hearing to establish the juvenile's continued detention in the adult jail,
the court shall proceed with holding thirty - and forty-five-day review hearings as required by
subsection (3)(c)(VII) of this section.
(4) (a) A jail shall not receive a juvenile for detention following a detention hearing pursuant
to this section unless the juvenile has been ordered by the court to be held for criminal
proceedings as an adult pursuant to a transfer or unless the juvenile is to be held for criminal
proceedings as an adult pursuant to a direct filing. A juvenile under the age of fourteen and,
except upon order of the court, a juvenile fourteen years of age or older, shall not be detained in a
jail, lockup, or other place used for the confinement of adult offenders. The exception for
detention in a jail applies only if the juvenile is being held for criminal proceedings as an adult
pursuant to a direct filing or transfer.
(b) Whenever a juvenile is held pursuant to a direct filing or transfer in a facility where
adults are held, the juvenile must be physically segregated from the adult offenders.
(c) (I) When a juvenile who is to be held for criminal proceedings as an adult pursuant to a
direct filing or transfer of charges, as provided in sections 19 -2.5-801 and 19 -2.5-802,
respectively, is received at a jail or other facility for the detention of adult offenders, the official
in charge of the jail or facility, or the official's designee, shall, as soon as practicable, contact the
person designated pursuant to section 22 -32-141, by the school district in which the jail or
facility is located to request that the school district provide educational services for the juvenile
for the period during which the juvenile is held at the jail or facility. The school district shall
provide the educational services in accordance with section 22 -32-141. The official, in
cooperation with the school district, shall provide an appropriate and safe environment to the
extent practicable in which the juvenile may receive educational services.
(II) Notwithstanding subsection (4)(c)(I) of this section, if either the official in charge of the
jail or facility or the school district determines that an appropriate and safe environment cannot
be provided for a specific juvenile, the official and the school district are exempt from the
requirement to provide educational services to the juvenile until such time as an environment that
is determined to be appropriate and safe by both the official and the school district can be
provided. If the school district will not be providing educational services to a juvenile because of
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the lack of an appropriate and safe environment, the official in charge of the jail or facility shall
notify the juvenile, the juvenile's parent or legal guardian, the juvenile's defense attorney, and the
court having jurisdiction over the juvenile's case.
(III) The official in charge of the jail or facility for the detention of adult offenders, or the
official's designee, in conjunction with each school district that provides educational services at
the jail or facility, shall annually collect nonidentifying data concerning:
(A) The number of juveniles held at the jail or facility who are awaiting criminal proceedings
as an adult pursuant to a direct filing or transfer of charges, pursuant to sections 19 -2.5-801 and
19-2.5-802, respectively, for the year;
(B) The length of stay of each of the juveniles in the jail or facility;
(C) The number of the juveniles in the jail or facility who received educational services
pursuant to this subsection (4)(c);
(D) The number of days on which school districts provided educational services to the
juveniles in the jail or facility and the number of hours for which school districts provided the
educational services each day;
(E) The number of juveniles in the jail or facility who were exempt from receiving
educational services pursuant to section 22-32-141 (2)(c), (2)(e), (2)(f), and (2)(g);
(F) The number of juveniles in the jail or facility who had previously been determined
pursuant to section 22 -20-108 to be eligible for special education services and had an
individualized education program; and
(G) The number of juveniles in the jail or facility who, while receiving educational services
at the jail or facility, were determined to be eligible for special education services pursuant to
section 22-20-108 and had subsequently received an individualized education program.
(IV) The official in charge of the jail or facility shall submit the information collected
pursuant to subsection (4)(c)(III) of this section to the division of criminal justice in the
department of public safety. The division of criminal justice shall make the information available
to a member of the public upon request.
(d) The official in charge of a jail or other facility for the detention of adult offenders shall
immediately inform the court that has jurisdiction of the juvenile's alleged offense when a
juvenile who is or appears to be under eighteen years of age is received at the facility, except for
a juvenile ordered by the court to be held for criminal proceedings as an adult.
(e) (I) Any juvenile arrested and detained for an alleged violation of any article of title 42, or
for any alleged violation of a municipal or county ordinance, and not released on bond, must be
taken before a judge with jurisdiction of such violation within forty -eight hours for the fixing of
bond and conditions of bond pursuant to subsection (3)(a)(VII) of this section. A juvenile may be
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detained in a jail, lockup, or other place used for the confinement of adult offenders only for
processing for no longer than six hours and during such time must be placed in a setting that is
physically segregated by sight and sound from the adult offenders, and in no case may the
juvenile be detained in such place overnight. After six hours, the juvenile may be further
detained only in a juvenile detention facility operated by or under contract with the department
of human services. In calculating time pursuant to this subsection (4), Saturdays, Sundays, and
legal holidays are included.
(II) A sheriff or police chief who violates subsection (4)(e)(I) of this section may be subject
to a civil fine of no more than one thousand dollars. The decision to fine must be based on prior
violations of subsection (4)(e)(I) of this section by the sheriff or police chief and the willingness
of the sheriff or police chief to address the violations in order to comply with subsection (4)(e)(I)
of this section.
(f) The official in charge of a jail, lockup, or other facility for the confinement of adult
offenders that receives a juvenile for detention should, wherever possible, take such measures as
are reasonably necessary to restrict the confinement of any such juvenile with known past or
current affiliations or associations with any gang so as to prevent contact with other inmates at
such jail, lockup, or other facility. The official should, wherever possible, also take such
measures as are reasonably necessary to prevent recruitment of new gang members from among
the general inmate population. For purposes of this subsection (4)(f), "gang" is defined in section
19-2.5-102.
(g) A person who is eighteen years of age or older who is being detained for a delinquent act
or criminal charge over which the juvenile court has jurisdiction, or for which charges are
pending in district court pursuant to a direct filing or transfer if the person has not already been
transferred to the county jail pursuant to subsection (3)(c)(IV) of this section, must be detained in
the county jail in the same manner as if such person is charged as an adult.
(h) A juvenile court shall not order a juvenile offender who is under eighteen years of age at
the time of sentencing to enter a secure setting or secure section of an adult jail or lockup as a
disposition for an offense or as a means of modifying the juvenile offender's behavior.
(5) A juvenile has the right to bond as limited by this section.
(6) Except for a juvenile described in section 19 -2.5-304 (2), the court may also issue
temporary orders for legal custody pursuant to section 19-1-115.
(7) Any law enforcement officer, employee of the division of youth services, or another
person acting under the direction of the court who in good faith transports any juvenile, releases
any juvenile from custody pursuant to a written policy of a court, releases any juvenile pursuant
to any written criteria established pursuant to this title 19, or detains any juvenile pursuant to
court order or written policy or criteria established pursuant to this title 19 is immune from civil
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or criminal liability that might otherwise result by reason of such act. For purposes of any
proceedings, civil or criminal, the good faith of any such person is presumed.
(8) (a) A juvenile who allegedly commits a status offense or is convicted of a status offense
must not be held in a secure area of a jail or lockup.
(b) A sheriff or police chief who violates subsection (8)(a) of this section may be subject to a
civil fine of no more than one thousand dollars. The decision to fine must be based on prior
violations of subsection (8)(a) of this section by the sheriff or police chief and the willingness of
the sheriff or police chief to address the violations in order to comply with subsection (8)(a) of
this section.
Source: L. 2021: (3)(a)(VII)(C), (4)(e)(I), and (5) amended, (SB 21 -071), ch. 463, p. 3333, §
2, effective July 6; entire article added with relocations, (SB 21 -059), ch. 136, p. 579, § 2,
effective October 1; (3)(b)(I) amended, (HB 21-1187), ch. 83, p. 326, § 8, effective July 1, 2024.
L. 2022: (3)(b)(I), (3)(b)(II), (3)(b)(III), and (3)(b)(IV) amended, (HB 22 -1256), ch. 451, p.
3230, §§ 30, 31, effective August 10. L. 2023: (3)(c)(VI) amended and (3)(c)(VII) and
(3)(c)(VIII) added, (HB 23 -1145), ch. 39, p. 156, § 1, effective March 23; (3)(a)(XI)(C)
amended, (HB 23-1027), ch. 284, p. 1681, § 10, effective June 1; (2.5) added, (HB 23 -1307), ch.
442, p. 2587, § 3, effective June 7.
Editor's note: (1) This section is similar to former § 19-2-508 as it existed prior to 2021.
(2) (a) Subsections (3)(a)(VII)(C), (4)(e)(I), and (5) were numbered as 19 -2-508
(3)(a)(VII)(C), (4)(e)(I), and (5) in SB 21 -071 (see L. 2021, p. 3333). Those provisions were
harmonized with subsections (3)(a)(VII)(C), (4)(e)(I), and (5) of this section as they appear in SB
21-059.
(b) Subsection (3)(b)(I) was numbered as 19 -2-508 (3)(b)(I) in HB 21 -1187 (see L. 2021, p.
326). That provision was harmonized with subsection (3)(b)(I) of this section as it appears in SB
21-059, effective July 1, 2024.
Cross references: For the legislative declaration in HB 23 -1027, see section 1 of chapter 284,
Session Laws of Colorado 2023. For the legislative declaration in HB 23 -1307, see section 1 of
chapter 442, Session Laws of Colorado 2023.
ANNOTATION
Colorado Revised Statutes 2026
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Law reviews. For article, "New Juvenile
Justice Laws Increase Options for Youth",
see 42 Colo. Law. 37 (Apr. 2013).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This section does not violate
constitutional guarantees of due process
to juveniles. Juveniles do not have an
absolute constitutional right to bail and the
presumption statute does not impermissibly
shift the burden of proof from the state to
the juvenile with respect to establishing
whether secure detention is warranted.
Instead, the statute merely requires the
juvenile to introduce some evidence to
overcome the presumption of dangerousness
created by the statute. People v. Juvenile
Court, 893 P.2d 81 (Colo. 1995).
Detention hearing required whether
placement is in shelter or detention
facility. The term "detention hearing", in the
context of subsection (2), refers to a
situation where a child is placed in a shelter
facility as well as a situation where a child is
placed in a detention facility. In both
situations the child is removed from the
custody of the parents, and both the statute
and due process require a prompt hearing to
determine whether the welfare of the child
or of the community require that the
"detention" continue. P.F.M. v. Dist. Court,
184 Colo. 393, 520 P.2d 742 (1974).
Hearing requirement is not
jurisdictional. It would be contrary to the
purposes of the Colorado Children's Code
and possibly to the best interests of the
children involved to hold that the hearing
requirement of subsection (2) is
jurisdictional. P.F.M. v. Dist. Court, 184
Colo. 393, 520 P.2d 742 (1974).
Shelter hearing is a preadjudicatory
stage of the case and is not intended to
resolve the rights of natural parents to the
legal custody of their child. S.L. v. Dist.
Court, 676 P.2d 12 (Colo. 1984); W.H. v.
Juvenile Court, 735 P.2d 191 (Colo. 1987).
Shelter or detention hearing
distinguished from a dependency or
neglect adjudicatory hearing. W.H. v.
Juvenile Court, 735 P.2d 191 (Colo. 1987).
The applicable test for deciding
whether to continue a child's shelter or
"detention" at the preadjudication shelter
hearing is whether temporary protective
custody is necessary for protection of the
child's welfare and best interest. W.H. v.
Juvenile Court, 735 P.2d 191 (Colo. 1987).
Subsection (1) is applicable only to
juveniles who require physical restriction,
it is not applicable to a juvenile who is
detained because he has allegedly
committed a felony offense and who does
require physical restriction. People v.
Juvenile Court, 893 P.2d 81 (Colo. 1995).
"Legal custodian" does not encompass a
state agency or employee thereof to which a
delinquent child has been committed. People
v. McAnally, 192 Colo. 12, 554 P.2d 1100
(1976).
"Order". Section 19 -1-103 does not
define "order" as that word is used in former
subsection (6)(a) (now subsection (4)(a)).
However, court order has been broadly
defined in case law as any direction of a
Colorado Revised Statutes 2026
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court not contained or included in a
judgment. Hence, a directive issued by a
juvenile court judge to a director of a
juvenile detention center and warden of a
county jail defining standards for placing a
juvenile in the county jail was an order
satisfying the requirements of former
subsection (6)(a). C.C.C. v. Dist. Court, 188
Colo. 437, 535 P.2d 1117 (1975).
The evidence presented by a juvenile to
overcome the presumption of
dangerousness created by this section
need not implicate constitutional
protections against self -incrimination.
Evidence that one does not constitute a
danger to himself or others need not focus
on the particular events giving rise to the
person's detention. People v. Juvenile Court,
893 P.2d 81 (Colo. 1995).
This section and the handgun statute (§
18-12-108.5) were adopted to secure the
safety of juveniles and the communities in
which they reside. The Colorado Children's
Code has consistently evidenced a
legislative intent to accomplish both such
purposes. People v. Juvenile Court, 893 P.2d
81 (Colo. 1995).
Detention of juveniles possessing
deadly weapons prior to the conclusion of
formal adjudicatory proceedings serves a
legitimate state objective in view of the
relationship between possession of a
deadly weapon by a juvenile and the risk
of imminent and serious harm to the
community or the juvenile. Trial court's
findings that confinement of juveniles in
certain secure detention facilities constituted
punishment did not resolve the issue of the
facial validity of the statute creating a
presumption of dangerousness. A court must
consider the legislative purposes giving rise
to the statute, the relationship between the
statutory provisions and the purposes, and
the procedures authorized by the statute.
People v. Juvenile Court, 893 P.2d 81 (Colo.
1995).
Presumption statute does not violate
fundamental fairness doctrine in light of
the facts that the statute does not reflect a
punitive legislative purpose, it limits the
length of detention to a maximum of 67
days, and it establishes procedural
safeguards. People v. Juvenile Court, 893
P.2d 81 (Colo. 1995).
Juvenile courts cannot delegate power
to detain to executive branch. The
Colorado Children's Code gives the juvenile
courts the power to detain 14 - and 15-year-
old children in an adult detention facility,
but the court cannot delegate its judicial
power to the executive branch. C.C.C. v.
Dist. Court, 188 Colo. 437, 535 P.2d 1117
(1975).
Juvenile court's directive not
unconstitutional delegation of court's
power. Juvenile court judge's directive that
no child be detained in the county jail at the
request of a policeman, deputy sheriff, state
patrolman, or other peace officer or the
district attorney, unless the child has been
taken to the juvenile detention center and the
staff had requested in writing both that the
child be detained at the jail instead of the
detention center and the reasons therefor
was not an unconstitutional delegation of
juvenile court's power. C.C.C. v. Dist. Court,
188 Colo. 437, 535 P.2d 1117 (1975).
Colorado Revised Statutes 2026
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Child does not have an absolute
constitutional or statutory right to bail
pending adjudication of the charges filed
against him in juvenile court. L.O.W. v. Dist.
Court, 623 P.2d 1253 (Colo. 1981).
Court's discretion to detain
subordinated to right to bail. The trial
court has discretion under subsection (3) to
detain a juvenile, but under former
subsection (7) (now subsection (5)) its
discretion is subordinated to a juvenile's
right to bail. L.O.W. v. Dist. Court, 623 P.2d
1253 (Colo. 1981).
And bail denied only where detention
necessary to protect child or others. A trial
court may detain a juvenile without bail only
after giving due weight to the presumption
that a juvenile should be released pending a
dispositional hearing except in narrowly
defined circumstances where the state
establishes that detention is necessary to
protect the child from imminent harm or to
protect others in the community from
serious bodily harm which the child is likely
to inflict. L.O.W. v. Dist. Court, 623 P.2d
1253 (Colo. 1981).
Section 19 -2-509 governs over this
section with regard to conflicting speedy
trial requirements because that section is
the more specific statute. People in Interest
of G.S.S., 2019 COA 4M, 467 P.3d 1131,
rev'd on other grounds, 2020 CO 32, 462
P.3d 592.
Court properly recalculated speedy
trial period pursuant to § 19 -2-509 to run
from date that the juvenile entered a not
guilty plea. Juvenile was originally held
without bail. The juvenile was later
committed to the department of youth
corrections in another case. The court later
vacated the no -bond hold and released the
juvenile on the charges in this case. As the
juvenile was not detained because of this
case, the speedy trial provisions of
subsection (3)(a)(IV)(D) did not apply.
People ex rel. T.A., 91 P.3d 473 (Colo. App.
2004).
Allegations of negligence alone are not
sufficient to overcome the grant of
immunity and presumption of good faith
afforded to law enforcement officers
under subsection (7). Young v. Jefferson
County Sheriff, 2014 CO 1, 318 P.3d 458.
Applied in People v. Salazar, 189 Colo.
429, 541 P.2d 676 (1975); People v. A.F.,
192 Colo. 207, 557 P.2d 418 (1976).
19-2.5-306. Conditions of release - personal recognizance bond.
(1) Unless the district attorney consents, a juvenile charged or accused of having committed
a delinquent act that constitutes a felony or a class 1 misdemeanor shall not be released without
an unsecured personal recognizance bond, if:
(a) The juvenile has been found guilty of a delinquent act constituting a felony or class 1
misdemeanor within one year prior to the juvenile's detention;
(b) The juvenile is currently at liberty on another bond of any type; or
Colorado Revised Statutes 2026
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(c) The juvenile has a delinquency petition alleging a felony pending in any district or
juvenile court for which probable cause has been established.
(2) In lieu of an unsecured personal recognizance bond, a juvenile who the court determines
poses a substantial risk of serious harm to others may be placed in a preadjudication service
program established pursuant to section 19-2.5-606.
(3) An application for the revocation or modification of the conditions of an unsecured
personal recognizance bond must be made in accordance with section 16 -4-109; except that the
presumption described in section 19-2.5-305 (3)(a)(V) must continue to apply for the purposes of
this section.
(4) (a) In determining the conditions of release for the juvenile, the judge or magistrate
fixing the same shall consider the criteria set forth in section 16 -4-103. If the juvenile is a
pregnant or postpartum juvenile who has complied with the notice requirement set forth in
section 19 -2.5-1118.5, the judge or magistrate shall consider the juvenile's pregnancy or
postpartum status in determining the conditions of release.
(a.5) The judge or magistrate is encouraged to take into consideration the juvenile's
educational progress and ability to achieve credits toward graduation.
(b) In setting, modifying, or continuing an unsecured personal recognizance bond, it must be
a condition that the released juvenile appear at any place and upon any date to which the
proceeding is transferred or continued. Further conditions of the unsecured personal
recognizance bond must be that the released juvenile not commit any delinquent acts or harass,
intimidate, or threaten any potential witnesses. Except as described in subsection (9) of this
section, the judge or magistrate may set any other conditions or limitations on the juvenile's
release as are reasonably necessary for the protection of the community. A juvenile who is
ordered held at the detention hearing or pursuant to an order entered at any time after the initial
detention hearing and who remains in custody or detention must be tried on the charges within
sixty days after the entry of the court order detaining the juvenile or within sixty days after the
juvenile's entry of a plea, whichever date is earlier; except that, if the juvenile requests a jury trial
pursuant to section 19-2.5-610, section 19-2.5-610 (4) applies.
(5) Repealed.
(6) The court shall not order that any personal recognizance bond be secured by monetary or
property conditions of the juvenile, the juvenile's parent, guardian, legal custodian, or other
responsible adult.
(7) The parent, guardian, legal custodian, or any other responsible adult for a juvenile
released on a personal recognizance bond pursuant to this section may petition the court to
revoke the bond and remand the juvenile into custody if the parent, guardian, legal custodian, or
other responsible adult determines that he or she is unable to control the juvenile. The court shall
Colorado Revised Statutes 2026
Title 19 - Children's Code
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apply the presumption specified in section 19 -2.5-305 (3)(a)(V) in determining whether to
revoke the personal recognizance bond.
(8) A juvenile may be released on an unsecured personal recognizance bond, or as otherwise
provided in this section regardless of whether the juvenile appears in court pursuant to a
summons or a warrant.
(9) A judge or magistrate may only impose an unsecured personal recognizance bond
without monetary or property conditions to secure the juvenile's future appearance. A judge or
magistrate shall not impose a bond with secured monetary or property conditions for a juvenile.
Source: L. 2021: IP(1), (2), (3), (4), (6), (7), and (8) amended, (5) repealed, and (9) added,
(SB 21-071), ch. 463, p. 3334, § 3, effective July 6; entire article added with relocations, (SB 21 -
059), ch. 136, p. 588, § 2, effective October 1. L. 2023: (4)(a) amended, (HB 23-1187), ch. 246,
p. 1347, § 8, effective August 7. L. 2024: (4)(a.5) added, (HB 24 -1216), ch. 314, p. 2115, § 3,
effective August 7.
Editor's note: (1) This section is similar to former § 19 -2-509 (1) to (8) as it existed prior to
2021.
(2) Subsections IP(1), (2), (3), (4), (5), (6), (7), (8), and (9) were numbered as 19 -2-509 IP(1),
(2), (3), (4), (5), (6), (7), (8), and (10) in SB 21 -071 (see L. 2021, p. 3334). Those provisions
were harmonized with subsections IP(1), (2), (3), (4), (5), (6), (7), (8), and (9) of this section as
they appear in SB 21-059.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Child does not have an absolute
constitutional or statutory right to bail
pending adjudication of the charges filed
against him in juvenile court. L.O.W. v.
District Court, 623 P.2d 1253 (Colo. 1981).
Court's discretion to detain
subordinated to right to bail. The trial
court has discretion under subsection (3) to
detain a juvenile, but under former
subsection (7) (now subsection (5)) its
discretion is subordinated to a juvenile's
right to bail. L.O.W. v. District Court, 623
P.2d 1253 (Colo. 1981).
And bail denied only where detention
necessary to protect child or others. A trial
court may detain a juvenile without bail only
after giving due weight to the presumption
that a juvenile should be released pending a
dispositional hearing except in narrowly
defined circumstances where the state
Colorado Revised Statutes 2026
Title 19 - Children's Code
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establishes that detention is necessary to
protect the child from imminent harm or to
protect others in the community from
serious bodily harm which the child is likely
to inflict. L.O.W. v. District Court, 623 P.2d
1253 (Colo. 1981).
Section 19-2-509 (4)(b) is a bail statute
and not a speedy trial statute. As such, the
remedy for a violation of subsection (4)(b)
corresponds to a bail right and not a speedy
trial right, and the remedy for a violation of
subsection (4)(b) is for the court to
immediately hold a bail hearing and order
the juvenile's release. People in Interest of
G.S.S., 2020 CO 32, 462 P.3d 592.
Court properly recalculated speedy
trial period pursuant to this section to run
from date that the juvenile entered a not
guilty plea. Juvenile was originally held
without bail. The juvenile was later
committed to the department of youth
corrections in another case. The court later
vacated the no -bond hold and released the
juvenile on the charges in this case. As the
juvenile was not detained because of this
case, the speedy trial provisions of § 19 -2-
508 (3)(a)(IV)(D) did not apply. People ex
rel. T.A., 91 P.3d 473 (Colo. App. 2004).
Court violated juvenile's statutory
speedy trial rights by not holding the
adjudicatory trial within sixty days of the
entry of the no -bond hold order when
juvenile did nothing to delay the setting
or occurrence of a trial within the sixty -
day speedy trial period. Juvenile's requested
continuances of the detention and
dispositional hearings did not toll, waive, or
extend the speedy trial clock when counsel's
actions on behalf of juvenile were designed
to get juvenile released, not to delay a trial
date. People in Interest of G.S.S., 2019 COA
4M, 467 P.3d 1131, rev'd on other grounds,
2020 CO 32, 462 P.3d 592.
Juvenile is entitled to dismissal when a
violation of speedy trial occurs, regardless
of whether the speedy trial period has been
established by a no-bond hold order or entry
of a not guilty plea. People in Interest of
G.S.S., 2019 COA 4M, 467 P.3d 1131, rev'd
on other grounds, 2020 CO 32, 462 P.3d
592.
PART 4
DIVERSION
19-2.5-401. Diversion.
As an alternative to a petition filed pursuant to section 19 -2.5-502, an adjudicatory trial
pursuant to part 9 of this article 2.5, or disposition of a juvenile delinquent pursuant to section
19-2.5-1103, the district attorney may agree to allow a juvenile to participate in a diversion
program established in accordance with section 19-2.5-402.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-294-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 589, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-704 as it existed prior to 2021.
19-2.5-402. Juvenile diversion program - authorized - report - allocation of money -
legislative declaration - definitions.
(1) (a) In order to more fully implement the stated objectives of this title 19, the general
assembly declares its intent to establish a juvenile diversion program that integrates restorative
justice practices to provide community -based alternatives to the formal court system to reduce
juvenile crime and recidivism and improve positive juvenile outcomes, change juvenile
offenders' behavior and attitudes, promote juvenile offenders' accountability, recognize and
support the rights of victims, heal the harm to relationships and the community caused by
juvenile crime, and reduce the costs within the juvenile justice system.
(b) Research has shown that court involvement for juveniles not identified as a risk of harm
to others is harmful, and most low -risk juveniles grow out of their behavior and stop reoffending
without system intervention.
(c) The goals of the diversion programs are to:
(I) Prevent further involvement of a juvenile in the formal legal system;
(I.5) Consider a juvenile who demonstrates behaviors or symptoms consistent with an
intellectual and developmental disability, a mental or behavioral health issue, or lack of mental
capacity, and divert the juvenile out of the juvenile justice system and into a community
treatment program;
(II) Provide an eligible juvenile with cost -effective alternatives to adjudication that require
the least amount of supervision and restrictive conditions necessary consistent with public safety
and the juvenile's risk of reoffending;
(III) Serve the best interest of a juvenile while emphasizing acceptance of responsibility and
repairing any harm caused to victims and communities;
(IV) Reduce recidivism and improve positive outcomes for each juvenile through the
provision of services, if warranted, that address the juvenile's specific needs and are proven
effective; and
(V) Ensure appropriate services are available for all eligible juveniles.
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(2) The division of criminal justice of the department of public safety, referred to in this
section as the "division of criminal justice", is authorized to establish and administer a juvenile
diversion program that seeks to divert juveniles from the juvenile justice system and integrate
restorative justice practices. To effectuate the program, the division shall allocate money within
each judicial district and may contract with district attorneys' offices, governmental units, and
nongovernmental agencies for reasonable and necessary expenses and services to serve each
judicial district to divert juveniles and provide services, if warranted, for each eligible juvenile
through community -based programs providing an alternative to entry into the formal legal
system, a petition filed pursuant to section 19 -2.5-502, or an adjudicatory hearing pursuant to
section 19-2.5-907.
(3) For purposes of this section:
(a) "Director" means the executive director of the department of public safety.
(b) "Diversion" is defined in section 19-2.5-102.
(c) "Governmental unit" means any county, city and county, city, town, district or judicial
attorney's office, or school district.
(d) "Nongovernmental agency" means a person, private nonprofit agency, corporation,
association, or other nongovernmental agency.
(d.5) "Restorative justice" has the same meaning as set forth in section 19-1-103.
(e) "Services" may include, but are not limited to, provision of diagnostic needs assessments,
general counseling and counseling during a crisis situation, behavioral health services, services
for juveniles with developmental disabilities, specialized tutoring, job training and placement,
restitution programs, community service, constructive recreational activities, day reporting and
day treatment programs, and follow-up activities.
(4) District attorneys' offices or the office's designees shall:
(a) On and after January 1, 2021, conduct a risk screening using a risk screening tool
selected pursuant to section 24 -33.5-2402 (1)(c), as it existed prior to its repeal in 2022, for all
juveniles referred to the district attorney pursuant to section 19 -2.5-201, unless the juvenile is
currently committed or on parole, a determination has already been made to divert the juvenile,
or the district attorney declines to file charges, dismisses the case, or charges the juvenile with a
class 1 or class 2 felony. The district attorney's office shall conduct the risk screening or contract
with an alternative agency that has been formally designated by the district attorney's office to
conduct the screening, in which case the results of the screening must be made available to the
district attorney's office. The entity conducting the screening shall make the results of the risk
screening available to the juvenile and the juvenile's family. All individuals using the risk
screening tool must receive training on the ap propriate use of the tool. The risk screening tool is
for informing decisions about diversion. The risk screening tool and any information obtained
Colorado Revised Statutes 2026
Title 19 - Children's Code
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from a juvenile in the course of any screening, including any admission, confession, or
incriminating evidence, obtained from a juvenile in the course of any screening or assessment in
conjunction with proceedings pursuant to this section or made in order to participate in a
diversion or restorative justice program is not admissible into evidence in any adjudicatory
hearing in which the juvenile is accused and is not subject to subpoena or any other court process
for use in any other proceeding or for any other purpose.
(a.5) Use the results of the risk screening to inform eligibility for participation in a juvenile
diversion program and the level and intensity of supervision for juvenile diversion;
(b) Repealed. / (Deleted by amendment, L. 2021.)
(b.5) Consider the use of diversion to prevent a juvenile who demonstrates behaviors or
symptoms consistent with an intellectual and developmental disability, a mental health or
behavioral health issue, or a lack of mental capacity from further involvement in formal
delinquency proceedings.
(c) Not deny diversion to a juvenile based on the juvenile's:
(I) Ability to pay;
(II) Previous or current involvement with the state or county departments of human or social
services;
(III) Age, race or ethnicity, gender, gender identity, gender expression, or sexual orientation;
(IV) Legal representation; or
(V) Behaviors or symptoms consistent with an intellectual and developmental disability, a
mental health or behavioral health issue, or a lack of mental capacity, unless the behaviors or
symptoms are so severe that the juvenile cannot understand or participate in diversion.
(c.5) In a case in which a juvenile demonstrates behaviors or symptoms that are so severe
that the juvenile cannot understand or participate in diversion, consider all available alternatives,
including, but not limited to, referral to the state department or a collaborative management
program in lieu of adjudication if it is likely that a juvenile would be found incompetent and
unlikely to be restored in the foreseeable future.
(d) Align the juvenile diversion program's policies and practices with evidence -based
practices and with the definition of "diversion" pursuant to section 19-2.5-102;
(e) Collect and submit data to the division of criminal justice pursuant to subsection (5) of
this section; and
(f) Establish and make public any eligibility criteria for participation in a juvenile diversion
program and use the results of the risk screening to make decisions on eligibility criteria.
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(4.5) Diversion programs may use the results of an approved validated assessment tool to
inform:
(a) The level and intensity of supervision for juvenile diversion;
(b) The length of supervision for juvenile diversion; and
(c) What services, if any, may be offered to the juvenile. Professionals involved with the
juvenile's needs, treatment, and service planning, including district attorneys, public defenders,
probation, behavioral health treatment providers, providers who offer services to juveniles for
developmental disabilities, and state and local governmental entities, such as the state department
of human services and county departments of human or social services, nongovernmental
agencies, and individuals collaborating to provide appropriate diversion services.
(5) (a) The division of criminal justice, in collaboration with district attorneys or diversion
program directors who accept formula money and programs providing juvenile diversion
services, shall establish minimum data collection requirements and outcome measures that each
district attorney's office, governmental unit, and nongovernmental agency shall collect and
submit annually for all juveniles referred to the district attorney pursuant to section 19 -2.5-201.
The data summary must include, at a minimum:
(I) Demographic data on age, race or ethnicity, gender, sexual orientation, and gender
identity;
(II) Risk screening conducted;
(III) Risk level as determined by the risk screening or, if a screening was not completed, the
reason why a screening was not completed;
(IV) Offense;
(V) Diversion status;
(VI) Service participation and whether the service was provided by community partners or
in-house;
(VII) Program completion data;
(VIII) Referral to restorative justice services;
(IX) Child welfare involvement; and
(X) Identifying data necessary to track the long-term outcomes of diverted juveniles.
(b) Notwithstanding the requirements of section 19 -1-303 to the contrary, on or before
August 1, 2021, and continuing every August 1 thereafter, each district attorney shall report to
the division of criminal justice the name and demographic data for any juvenile who was granted
juvenile diversion for a ticket, summons, or offense since the date of the previous report. The
Colorado Revised Statutes 2026
Title 19 - Children's Code
-298-
demographic data must include age, race and ethnicity, gender, sexual orientation, and gender
identity. The reports must cover the state fiscal years from July 1 through June 30.
(c) On or before August 1, 2021, and every August 1 thereafter, each agency that receives
diversion money pursuant to subsection (7) of this section shall report on the number of juveniles
who were screened for eligibility for diversion since the date of the previous report but
subsequently rejected. The report must include, at a minimum, demographic data such as age,
race and ethnicity, gender, sexual orientation, and gender identity. The reports must cover the
state fiscal years from July 1 through June 30.
(d) For the purposes of this subsection (5), when collecting demographic data from a youth,
district attorneys' offices, governmental units, and nongovernmental agencies shall provide the
youth with an option to decline to disclose demographic information.
(6) (a) In collaboration with the division of criminal justice in the department of public
safety, each program providing services pursuant to this section shall develop objectives and
report progress toward such objectives as required by rules promulgated by the director.
(b) The director shall regularly monitor these diversion programs to ensure that progress is
being made to accomplish the objectives of this section. The division of criminal justice shall
offer technical assistance to district attorneys' offices, governmental units, nongovernmental
agencies, and diversion programs to support the uniform collection and reporting of data and to
support program development and adherence to program requirements. The division of criminal
justice shall provide annual program -level reports to district attorneys' offices and submit a
consolidated statewide report annually to the governor and to the judiciary committees of the
senate and the house of representatives, the health and human services committee of the senate,
and the public health care and human services committee of the house of representatives, or any
successor committees. Notwithstanding section 24 -1-136 (11)(a)(I), these reports continue
indefinitely.
(7) The formula established by the division of criminal justice in the department of public
safety must be used to allocate money within each judicial district in the state of Colorado for
juvenile diversion programs. The division of criminal justice in the department of public safety
shall review the formula every three years. The division of criminal justice shall prioritize
funding for programs that include restorative justice practices. The division of criminal justice
may contract with district attorneys' offices, governmental units, and nongovernmental agencies
for reasonable and necessary expenses for services to serve each judicial district to utilize in
diverting juveniles and to provide services, if warranted, for eligible juveniles through
community-based programs that provide an alternative to entry into the formal legal system, a
petition filed pursuant to section 19 -2.5-502, or an adjudicatory hearing held pursuant to section
19-2.5-907.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(8) (a) The director may implement a behavioral or mental health screening program to
screen juveniles who participate in the juvenile diversion program. If the director chooses to
implement a behavioral or mental health screening program, the director shall use the mental
health screening tool selected pursuant to section 24 -33.5-2402 (1)(b), as it existed prior to its
repeal in 2022, and conduct the screening in accordance with procedures established pursuant to
that section.
(b) Prior to implementation of a behavioral or mental health screening program pursuant to
this subsection (8), if implementation of the program would require an increase in
appropriations, the director shall submit to the joint budget committee a request for funding in
the amount necessary to implement the behavioral or mental health screening program. If
implementation of the behavioral or mental health screening program would require an increase
in appropriations, implementation of the program is conditional upon approval of the funding
request.
(9) (a) The division of criminal justice in the department of public safety shall review, and
approve if appropriate, any assessment instrument for use pursuant to subsection (4.5) of this
section.
(b) The division of criminal justice in the department of public safety shall reevaluate any
instrument approved pursuant to subsection (9)(a) of this section at least once every three years.
Source: L. 2021: (1)(a), (2), (4), (5), and (6)(a) amended and (3)(d.5), (4.5), and (9) added,
(SB 21-066), ch. 64, p. 254, § 2, effective April 29; (4)(c)(III) amended, (HB 21 -1108), ch. 156,
p. 891, § 20, effective September 7; entire article added with relocations, (SB 21 -059), ch. 136,
p. 590, § 2, effective October 1; (4)(b) repealed, (SB 21 -066), ch. 64, p. 259, § 6, effective
October 1; (7) amended, (SB 21 -066), ch. 64, p. 259, § 7, effective July 1, 2023. L. 2022: (4)(a)
and (8)(a) amended, (HB 22 -1211), ch. 79, p. 393, § 5, effective December 31. L. 2024:
(1)(c)(I.5), (4)(b.5), (4)(c)(V), and (4)(c.5) added and (3)(e), (4)(c)(III), (4)(c)(IV), and (4.5)(c)
amended, (SB 24-006), ch. 30, p. 94, § 1, effective March 22.
Editor's note: (1) This section is similar to former § 19-2-303 as it existed prior to 2021.
(2) (a) Subsections (1)(a), (2), (3)(d.5), (4), (4.5), (5), (6)(a), and (9) were numbered as § 19-2-
303 (1)(a), (2), (3)(d.5), (4), (4.5), (5), (6)(a), and (9) in SB 21 -066 (see L. 2021, p. 254). Those
provisions were harmonized with subsections (1)(a), (2), (3)(d.5), (4), (4.5), (5), (6)(a), and (9) of
this section, respectively, as they appear in SB 21-059.
(b) Subsection (4)(c)(III) was numbered as § 19 -2-303 (4)(c)(III) in HB 21 -1108 and SB 21 -
066. Those amendments were harmonized. Effective October 1, 2021, those amendments were
harmonized with subsection (4)(c)(III) of this section as it appears in SB 21-059.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-300-
Cross references: For the legislative declaration in HB 21 -1108, see section 1 of chapter 156,
Session Laws of Colorado 2021.
19-2.5-403. Juvenile diversion cash fund - creation.
(1) Fifty percent of the money collected pursuant to section 18 -4-509 (2)(a) must be
transmitted to the state treasurer, who shall credit the same to the juvenile diversion cash fund,
which fund is created and referred to in this section as the "fund". The money in the fund is
subject to annual appropriation by the general assembly for the direct and indirect costs
associated with the implementation of the juvenile diversion program pursuant to section 19 -2.5-
402.
(2) The division of criminal justice of the department of public safety, referred to in this
section as the "division of criminal justice", is authorized to seek and accept gifts, grants, or
donations from private or public sources for the purposes of implementing the juvenile diversion
program pursuant to section 19 -2.5-402. All private and public money received through gifts,
grants, or donations must be transmitted to the state treasurer, who shall credit the same to the
fund.
(3) Any money in the fund not expended for the purpose of the juvenile diversion program
may be invested by the state treasurer as provided by law. All interest and income derived from
the investment and deposit of money in the fund must be credited to the fund.
(4) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal
year must remain in the fund and must not be credited or transferred to the general fund or
another fund.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 593, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-303.5 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-301-
PART 5
INITIATION OF PROCEEDINGS
19-2.5-501. Summons - issuance - contents - service - legislative declaration.
(1) After a petition has been filed, the court shall promptly issue a summons reciting briefly
the substance of the petition. The summons must also state, in a separate box, in bold, and in
capitalized letters, the following text, inserting the telephone number and address of the local
office of the state public defender and the internet website address of the state public defender, as
indicated:
1. YOU HA VE THE RIGHT TO HA VE YOUR OWN LAWYER HELP YOU AT
YOUR HEARING.
2. YOU MAY BE ELIGIBLE FOR THIS LAWYER AT NO CHARGE.
3. TO FIND OUT IF YOU ARE ELIGIBLE, YOU OR YOUR PARENT,
GUARDIAN, OR LEGAL CUSTODIAN SHOULD CALL THE OFFICE OF THE
STATE PUBLIC DEFENDER AT __________, VISIT THE OFFICE OF THE
STATE PUBLIC DEFENDER AT __________, OR VISIT THE STATE PUBLIC
DEFENDER'S WEBSITE AT __________.
4. YOU ARE MORE LIKELY TO HA VE A FREE LAWYER PRESENT AT
YOUR HEARING IF YOU OR YOUR PARENT, GUARDIAN, OR LEGAL
CUSTODIAN CALLS OR VISITS THE OFFICE OF THE STATE PUBLIC
DEFENDER AT LEAST FIVE DAYS, EXCLUDING SATURDAYS, SUNDAYS,
AND LEGAL HOLIDAYS, BEFORE YOUR HEARING.
(2) A summons must not issue to any juvenile or respondent who appears voluntarily, or
waives service, or has promised in writing to appear at the hearing, but any such person must be
provided with a copy of the petition and summons upon appearance or request.
(3) (a) The court may, when the court determines that it is in the best interests of the juvenile,
join the juvenile's parent or guardian and the person with whom the juvenile resides, if other than
the juvenile's parent or guardian, as a respondent to the action and shall issue a summons
requiring the parent or guardian and the person with whom the juvenile resides, if other than the
juvenile's parent or guardian, to appear with the juvenile at all proceedings pursuant to this
article 2.5 that involve t he juvenile. If the juvenile's parent or guardian cannot be found, the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-302-
court, in its discretion, may proceed with the case without the presence of the parent or guardian.
For the purposes of this section and section 19 -2.5-611, "parent" is defined in section 19 -1-103.
This subsection (3) does not apply to any person whose parental rights have been terminated
pursuant to the provisions of this title 19 or the parent of an emancipated minor. For the purposes
of this section, "emancipated minor" has the same meaning as set forth in section 13-21-107.5.
(b) The general assembly declares that every parent or guardian whose juvenile is the subject
of a juvenile proceeding pursuant to this article 2.5 shall attend any such proceeding.
(c) A parent or legal guardian of a juvenile who is the subject of a juvenile proceeding shall
complete the relative information form described in section 19 -2.5-1404 (1)(b)(VIII) no later
than seven business days after the hearing or prior to the juvenile's next hearing, whichever
occurs first.
(4) The summons must require the person or persons having the physical custody of the
juvenile, if other than a parent or guardian, to appear and to bring the juvenile before the court at
a time and place stated not more than thirty-five days after issuance of the summons.
(5) The court on its own motion or on the motion of any party may join as a respondent or
require the appearance of any person it deems necessary to the action and authorize the issuance
of a summons directed to such person. Any party to the action may request the issuance of
compulsory process by the court requiring the attendance of witnesses on the party's own behalf
or on the juvenile's behalf.
(6) If it appears that the welfare of the juvenile or of the public requires that the juvenile be
taken into custody, the court may, by endorsement upon the summons, direct that the person
serving the summons take the juvenile into custody at once.
(7) The court may authorize the payment of necessary travel expenses incurred by persons
summoned or otherwise required to appear. The payments must not exceed the amount allowed
to witnesses for travel by the district court.
(8) (a) A summons issued pursuant to this section may be served in the same manner as the
summons in a civil action or by mailing the summons to the juvenile's last -known address by
certified mail with return receipt requested not less than seven days prior to the time the juvenile
is requested to appear in court. Service by mail is complete upon return of the receipt signed by
the juvenile, the juvenile's parents, guardian, legal custodian, physical custodian, or spousal
equivalent as defined in section 19-1-103.
(b) Service upon the parent, guardian, legal custodian, or physical custodian who has
physical care of a juvenile of a summons that contains wording commanding the parent,
guardian, legal custodian, or physical custodian to produce the juvenile in court constitutes valid
service compelling the attendance of both the juvenile and the juvenile's parent, guardian, legal
custodian, or physical custodian in court. In addition, service of a summons as described in this
Colorado Revised Statutes 2026
Title 19 - Children's Code
-303-
subsection (8)(b) compels the juvenile's parent, guardian, legal custodian, or physical custodian
either to make all necessary arrangements to ensure that the juvenile is available to appear before
the court or to appear in court and show good cause for the juvenile's failure to appear.
(9) If the juvenile's parents, guardian, or other legal custodian required to be summoned
pursuant to subsection (4) of this section cannot be found within the state, the fact of the
juvenile's presence in the state confers jurisdiction on the court as to any absent parent, guardian,
or legal custodian.
(10) When the residence of the person to be served outside the state is known, a copy of the
summons and petition must be sent by certified mail with postage prepaid to such person at the
person's place of residence with a return receipt requested. Service of summons is deemed
complete seven days after return of the requested receipt.
(11) Repealed.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 594, § 2,
effective October 1. L. 2022: (11) repealed, (SB 22-018), ch. 191, p. 1274, § 7, effective July 15.
Editor's note: This section is similar to former § 19-2-514 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Parents named as parties in a juvenile
delinquency proceeding do not have a due
process right to participate in the
adjudicative proceedings. Few due process
rights are implicated in the child's
delinquency proceedings beyond notice of
the charges when custody is not an issue.
People ex rel. J.P.L., 214 P.3d 1072 (Colo.
App. 2009).
This section deals solely with
jurisdiction over the person, and does not
concern itself with jurisdiction of the subject
matter. Davis v. Dist. Court, 161 Colo. 559,
423 P.2d 846 (1967).
"Legal custodian" does not encompass a
state agency or employee thereof to which a
delinquent child has been committed. People
v. McAnally, 192 Colo. 12, 554 P.2d 1100
(1976).
Voluntary appearance waives defective
service. A party who appears in the action
and voluntarily proceeds with it waives any
defect in service of summons. Davis v. Dist.
Court, 161 Colo. 559, 423 P.2d 846 (1967).
Proceedings defective where service did
not comply with section. Where the record
fails to show that notice of hearing was
Colorado Revised Statutes 2026
Title 19 - Children's Code
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served on parents in delinquency
proceedings against a minor in juvenile
court, such proceedings were defective.
Martinez v. People, 150 Colo. 374, 372 P.2d
947 (1962).
Applied in Rose v. People, 111 Colo. 220,
139 P.2d 261 (1943).
19-2.5-502. Petition initiation - petition form and content.
(1) If the district attorney determines that the interests of the juvenile or of the community
require that further action be taken, the district attorney may file a petition in delinquency on the
form specified in subsections (3), (4), and (5) of this section, which the court shall accept. If the
district attorney chooses to file a petition in delinquency on any juvenile who receives a
detention hearing pursuant to section 19 -2.5-305, the district attorney shall file the petition
within seventy -two hours after the detention hearing, excluding Saturdays, Sundays, and legal
holidays. Upon filing the petition, the court, if practicable, shall send notice of the pendency of
such action to the juvenile's parent, guardian, or legal custodian.
(2) If the petition is the first juvenile petition filed against the juvenile in any jurisdiction and
is initiated in a jurisdiction that has restorative justice practices available, the district attorney or
the district attorney's designee may determine whether the juvenile is suitable for restorative
justice practices. The district attorney shall consider whether the victim, having been informed
about restorative justice practices pursuant to section 24 -4.1-303 (11)(g), is requesting
consideration of restorative justice practices as an alternative to formal prosecution; the
seriousness of the crime; the crime's impact on the victim; the best methodology to involve the
victim; whether the juvenile accepts responsibility for, expresses remorse for, and is willing to
repair the harm caused by the juvenile's actions; whether the juvenile's parent or legal guardian is
willing to support the juvenile in the process; and other programmatic support available. If a
juvenile wants to participate in restorative justice practices, the juvenile shall make the request to
the district attorney or the law enforcement agency administering the program and may not make
the request to the victim. If requested by the juvenile, restorative justice practices may only be
conducted after the district attorney consults with the victim and offers the victim an opportunity
to participate or submit a victim impact statement. If a victim elects not to attend, a victim -
offender conference may be held with a suitable victim surrogate or victim advocate, and the
victim may submit a victim impact statement. The district attorney may offer dismissal of
charges as an option for the successful completion of these and any other conditions imposed and
designed to address the harm done to the victim and the community by the offender, subject to
approval by the court.
(3) Form and content. The petition and all subsequent court documents in any proceedings
brought pursuant to section 19 -1-104 (1)(a) or (1)(b) must be titled "The People of the State of
Colorado, in the Interest of ........, a juvenile (or juveniles) and Concerning ........, Respondent".
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The petition may be filed using the language of the statutes defining the offense, including either
conjunctive or disjunctive clauses. Pleading in either the conjunctive or the disjunctive places a
respondent on notice that the prosecution may rely on any or all of the alternatives alleged.
(4) The petition must plainly set forth the facts that bring the juvenile within the court's
jurisdiction. If the petition alleges that the juvenile is delinquent, it must cite the law or
municipal or county ordinance that the juvenile is alleged to have violated. The petition must
also state the name, age, and residence of the juvenile and the names and residences of the
juvenile's parents, guardian, or other legal custodian or of the nearest known relative if a parent,
guardian, or other legal custodian is unknown.
(5) (a) Pursuant to article 1.2 of this title 19, in delinquency proceedings to which the federal
"Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., applies, including, but not
limited to, status offenses such as the illegal possession or consumption of ethyl alcohol or
marijuana by an underage individual or illegal possession of marijuana paraphernalia by an
underage person, as described in section 18 -13-122, and possession of handguns by juveniles, as
described in section 18-12-108.5, the petition must:
(I) Include a statement indicating what continuing inquiries the district attorney or the
district attorney's representative has made in determining whether the juvenile is an Indian child;
(II) Identify whether the juvenile 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 Indian child's parent or Indian custodian and to the Indian
child's tribe pursuant to article 1.2 of this title 19, the postal receipts must be attached to the
petition and filed with the court or filed within fourteen days after the filing of the petition, as
specified in article 1.2 of this title 19.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 596, § 2,
effective October 1. L. 2025: IP(5)(a) and (5)(b) amended, (HB 25 -1204), ch. 338, p. 1816, § 5,
effective August 6.
Editor's note: This section is similar to former §§ 19-2-512 and 19-2-513 as they existed prior
to 2021.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-306-
Law reviews. For article, "Colorado
Moves Toward Full Compliance With
Federal Indian Child Welfare Act", see 31
Colo. Law. 77 (Nov. 2002).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Petition to inform of nature and cause
of accusation. A petition in delinquency is
sufficient if it advises the juvenile of the
nature and cause of the accusation against
him, so that he can adequately defend
himself. People in Interest of R.G., 630 P.2d
89 (Colo. App. 1981).
Petition in delinquency need not specify
lesser included offenses that may have been
committed in commission of the described
act. People in Interest of R.G., 630 P.2d 89
(Colo. App. 1981).
Incorrect statutory citation not fatal.
The incorrect citation of a specific statutory
reference in a petition in delinquency is not
grounds for reversal, absent substantial
prejudice. People in Interest of R.G., 630
P.2d 89 (Colo. App. 1981).
State is a party of record to a
delinquency proceeding. S.A.S. v. District
Court, 623 P.2d 58 (Colo. 1981).
19-2.5-503. Aggravated juvenile offender.
(1) (a) In any action in delinquency alleging that a juvenile is an aggravated juvenile
offender, as described in section 19 -2.5-1125 (4), the petition must allege by separate count that
the juvenile is an aggravated juvenile offender and that increased commitment is authorized.
(b) If the petition alleges that the juvenile is an aggravated juvenile offender, as described in
section 19 -2.5-1125 (4), the petition must identify by separate counts each alleged former
adjudication or probation revocation and, for each such count, must include the date of
adjudication or probation revocation, the court, and the specific act that formed the basis for the
adjudication or probation revocation. If the alleged prior adjudication or probation revocation
occurred outside of this state, the petition must so allege and state that the delinquent act that
formed the basis for the adjudication or probation revocation would constitute a felony in this
state.
(2) (a) In any action in delinquency in which it is alleged that a juvenile is an aggravated
juvenile offender, as described in section 19 -2.5-1125 (4), the court shall, at the juvenile's first
appearance, advise the juvenile of the effect and consequences of the allegation that the juvenile
is an aggravated juvenile offender.
(b) If a juvenile is alleged to be an aggravated juvenile offender, as described in section 19 -
2.5-1125 (4), the juvenile is required, at the juvenile's first appearance before the court, to admit
or deny any previous adjudications or probation revocations alleged in the petition. A refusal to
admit or deny any such adjudication or probation revocation is considered a denial.
Colorado Revised Statutes 2026
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(3) (a) In addition to the rights specified in section 19 -2.5-605, a juvenile who is alleged to
be an aggravated juvenile offender, as described in section 19 -2.5-1125 (4), may file a written
request that adjudication of the act that is the subject of the petition must be to a jury of twelve
persons, and the court shall so order it. A juvenile who requests a jury is deemed to have waived
the time limit for an adjudicatory trial pursuant to section 19-2.5-610 (4).
(b) When a jury is requested pursuant to this subsection (3), the following challenges are
allowed:
(I) If the petition alleges that one juvenile is an aggravated juvenile offender, as described in
section 19 -2.5-1125 (4), the state and the juvenile are each entitled to five peremptory
challenges.
(II) If the petition alleges that more than one juvenile is an aggravated juvenile offender, as
described in section 19-2.5-1125 (4), and the adjudicatory trials on the acts that are the subject of
the petition are not severed, the state and the defense are entitled to two additional challenges for
every juvenile after the first, not to exceed fifteen peremptory challenges per side; when multiple
juveniles are adjudicated in a single hearing, each peremptory challenge made on the part of the
juveniles must be made and considered as the joint peremptory challenge of all of the juveniles.
(c) When more than one petition concerning different juveniles are consolidated for the
adjudication of the delinquent acts that are the subjects of the petitions, peremptory challenges
are allowed as if the juveniles had been joined in the same petition in delinquency.
(4) (a) If a juvenile alleged to be an aggravated juvenile offender, as described in section 19 -
2.5-1125 (4), admits the previous adjudications or probation revocations alleged in the petition
pursuant to subsection (2) of this section, further proof of such previous adjudications or
probation revocations is not required. Upon a finding that the juvenile has committed the
delinquent acts that are the subject of the petition alleging that the juvenile is an aggravated
juvenile offender, as described in section 19 -2.5-1125 (4), the court may enter any sentence
authorized by this section.
(b) If a juvenile alleged to be an aggravated juvenile offender, as described in section 19-2.5-
1125 (4), denies one or more of the previous adjudications or probation revocations alleged in
the petition pursuant to subsection (2) of this section, the court, after a finding of guilty of the
acts that are the subject of this petition, shall conduct a separate hearing in which the court shall
be the trier of fact to determine whether the juvenile has suffered such adjudications or probation
revocations. Each count alleging a previous adjudication or probation revocation must be proven
beyond a reasonable doubt.
(c) In any hearing before the court pursuant to subsection (4)(b) of this section, a duly
authenticated copy of the record of an adjudication or probation revocation is prima facie
evidence that the juvenile suffered the adjudication or probation revocation. In addition, any
basic identification information that is part of the record of the former adjudication or probation
Colorado Revised Statutes 2026
Title 19 - Children's Code
-308-
revocation at the place the juvenile was incarcerated after disposition of the adjudication or
probation revocation may be introduced into evidence in any hearing before the court pursuant to
subsection (4)(b) of this section and is prima facie evidence of the identity of the juvenile.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 598, § 2,
effective October 1.
Editor's note: This section is similar to former § 19 -2-601 (1) to (4) as it existed prior to
2021.
ANNOTATION
Law reviews. For article, "New Juvenile
Justice Laws Increase Options for Youth",
see 42 Colo. Law. 37 (Apr. 2013).
Although violent juvenile offender was
granted four rather than the five
peremptory challenges awarded to an
aggravated juvenile offender, violent
juvenile offender's right to equal protection
was not violated where the elements
constituting an aggravated juvenile offender
differ from those constituting a violent
juvenile offender. People in Interest of
M.M.O.P., 873 P.2d 24 (Colo. App. 1993)
(decided under former law).
PART 6
COURT PROCEEDINGS
19-2.5-601. Appointment of guardian ad litem.
The court may appoint a guardian ad litem pursuant to section 19 -1-111 for a juvenile in a
proceeding brought pursuant to this article 2.5.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 599, § 2,
effective October 1.
19-2.5-602. General procedure for juvenile hearings.
(1) The Colorado rules of juvenile procedure apply in all proceedings conducted pursuant to
this article 2.5.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(2) Hearings must be held before the court without a jury, except as set forth in sections 19 -
2.5-610 and 19-2.5-503 (3), and may be conducted in an informal manner.
(3) A verbatim record must be taken of all proceedings, including any hearing conducted by
a magistrate.
(4) When more than one juvenile is named in a petition or individual petitions are filed
against more than one juvenile alleging delinquent acts arising from the same delinquent episode,
any proceedings, including trials, may be consolidated.
(5) Juvenile cases must be heard separately from adult cases, and the juvenile or the
juvenile's parents, guardian, or other custodian may be heard separately when deemed necessary
by the court.
(6) The juvenile's parent, guardian, or legal custodian is required to attend all proceedings,
including all hearings, concerning the juvenile. Failure, without good cause, to attend a
proceeding concerning the juvenile may subject the parent, guardian, or legal custodian to
contempt sanctions; except that, if the juvenile's legal custodian is a county department of human
or social services or the state department of human services, the legal custodian need not attend
any proceeding at which the juvenile's guardian ad litem is present.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 599, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-109 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Juvenile proceedings are governed by
the procedural rules contained in the
Colorado Children's Code. People ex rel.
M.C.L., 671 P.2d 1339 (Colo. App. 1983).
Hearing may be informally conducted,
and the court may take into consideration all
factors which he normally takes into account
when sentencing. People in Interest of
B.L.M. v. B.L.M., 31 Colo. App. 106, 500
P.2d 146 (1972).
And court is not bound by strict rules
of evidence in a hearing to determine
whether probation should be revoked.
People in Interest of B.L.M. v. B.L.M., 31
Colo. App. 106, 500 P.2d 146 (1972).
Thus, there is a presumption that all
incompetent or hearsay evidence is
disregarded by a court in reaching its
conclusions, so a judgment will not be
Colorado Revised Statutes 2026
Title 19 - Children's Code
-310-
reversed on appeal because of the admission
of such evidence. People in Interest of
B.L.M. v. B.L.M., 31 Colo. App. 106, 500
P.2d 146 (1972).
However, the Colorado Children's
Code does not dispense with rules of
evidence which directly bear upon
substantive proof although the code does
permit hearings to be conducted in an
informal manner. Daugaard v. People in
Interest of Daugaard, 176 Colo. 38, 488 P.2d
1101 (1971).
In delinquency cases a verbatim record
of the proceedings and evidence shall be
maintained unless expressly waived. John
Doe v. People, 156 Colo. 311, 398 P.2d 624
(1965).
Lack of transcript and evidence
required reversal. Where an order was
entered declaring a child neglected and
dependent, severing parental rights, and
holding the child's grandfather in contempt
of court for failure to deliver the child, but
the court reporter certified that there had
been no transcript made of any of the
hearings prior to the one on the contempt
violation, and since there was no evidence or
showing that the home environment which
the grandfather might provide for the child
would be unsatisfactory the judgment and
orders of the trial court were reversed. C.B.
v. People in Interest of J.T.B., 30 Colo. App.
269, 493 P.2d 691 (1971).
19-2.5-603. Notification. (Repealed)
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 600, § 2,
effective October 1. L. 2022: Entire section repealed, (SB 22 -018), ch. 191, p. 1274, § 8,
effective July 15.
Editor's note: Prior to its repeal, this section was similar to former § 19-2-509 (9) as it existed
prior to 2021.
19-2.5-604. Open hearings.
The general public must not be excluded from hearings held pursuant to this article 2.5 unless
the court determines that it is in the best interest of the juvenile or of the community to exclude
the general public. In such event, the court shall admit only such persons as have an interest in
the case or work of the court, including persons whom the district attorney, the juvenile, or the
juvenile's parents or guardian wishes to be present.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-311-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 600, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-110 as it existed prior to 2021.
19-2.5-605. Advisement - right to counsel - waiver of right to counsel - definition.
(1) (a) At the juvenile's first appearance before the court, after the detention hearing or at the
first appearance if the juvenile appears on a summons, the court shall advise the juvenile and the
juvenile's parents, guardian, or other legal custodian of the juvenile's constitutional rights and
legal rights as set forth in rule 3 of the Colorado rules of juvenile procedure, including but not
limited to the right to counsel. The advisement must include the possibility of restorative justice
practices, including victim -offender conferences if restorative justice practices are available in
the jurisdiction. The advisement regarding restorative justice practices does not establish any
right to restorative justice practices on the juvenile's behalf.
(b) If the respondent has made an early application for appointed counsel for the juvenile and
the office of the state public defender has made a preliminary determination that the juvenile is
eligible for appointed counsel as set forth in section 21 -1-103 or if the court has appointed
counsel for the juvenile pursuant to section 19 -2.5-305 (2), an attorney from the office of the
state public defender or, in the case of a conflict, from the office of alternate defense counsel,
shall be available to represent the juvenile at the juvenile's first appearance, as described in
subsection (1)(a) of this section.
(c) If the respondent has not made an early application for appointed counsel for the juvenile
but the juvenile requests appointment of counsel at the first appearance, the court shall determine
if the juvenile is eligible for counsel pursuant to subsection (2)(a) of this section.
(d) As used in this subsection (1), unless the context otherwise requires, "early application"
means that the respondent has contacted the office of the state public defender and applied for
representation of the juvenile by the state public defender not less than five days, excluding
Saturdays, Sundays, and legal holidays, before the juvenile's scheduled court date for the first
appearance and has provided sufficient information to the office of the state public defender to
allow that office to make a preliminary determination of eligibility for representation.
(e) Failure of the juvenile's parent, guardian, or legal custodian to apply for court -appointed
counsel may not be construed as a waiver of the right to counsel or any other rights held by the
juvenile.
(2) (a) If the juvenile and the juvenile's parents, guardian, or other legal custodian are found
to be indigent pursuant to section 21 -1-103 (3), or the juvenile's parents, guardian, or other legal
Colorado Revised Statutes 2026
Title 19 - Children's Code
-312-
custodian refuses to retain counsel for the juvenile, or the court, on its own motion, determines
that counsel is necessary to protect the interests of the juvenile or other parties, or the juvenile is
in the custody of the state department of human services or a county department of human or
social services, the court shall appoint the office of state public defender or, in the case of a
conflict, the office of alternate defense counsel for the juvenile; except that the court shall not
appoint the office of the state public defender or the office of alternate defense counsel if:
(I) The juvenile has retained the juvenile's own counsel; or
(II) The juvenile has made a knowing, intelligent, and voluntary waiver of the juvenile's right
to counsel, as described in subsection (2)(c) of this section.
(b) Repealed.
(c) The court may accept a waiver of counsel by a juvenile only after finding on the record,
based on a dialogue conducted with the juvenile, that the juvenile:
(I) Is of a sufficient maturity level to make a voluntary, knowing, and intelligent waiver of
the right to counsel;
(II) Understands the sentencing options that are available to the court in the event of an
adjudication or conviction of the offense with which the juvenile is charged;
(III) Has not been coerced by any other party, including but not limited to the juvenile's
parent, guardian, or legal custodian, into making the waiver;
(IV) Understands that the court will provide counsel for the juvenile if the juvenile's parent,
guardian, or legal custodian is unable or unwilling to obtain counsel for the juvenile; and
(V) Understands the possible consequences that may result from an adjudication or
conviction of the offense with which the juvenile is charged, which consequences may occur in
addition to the actual adjudication or conviction itself.
(d) The appointment of counsel pursuant to this subsection (2) continues until:
(I) The court's jurisdiction is terminated;
(II) The juvenile or the juvenile's parent, guardian, or legal custodian retains counsel for the
juvenile;
(III) The court finds that the juvenile or the juvenile's parents, guardian, or other legal
custodian has sufficient financial means to retain counsel or that the juvenile's parents, guardian,
or other legal custodian no longer refuses to retain counsel for the juvenile; or
(IV) The court finds the juvenile has made a knowing, intelligent, and voluntary waiver of
the juvenile's right to counsel, as described in subsection (2)(c) of this section.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-313-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 600, § 2,
effective October 1; (2)(b) repealed, (HB 21-1315), ch. 461, p. 3116, § 25, effective October 1.
Editor's note: This section is similar to former § 19-2-706 as it existed prior to 2021.
Cross references: For the legislative declaration in HB 21 -1315, see section 1 of chapter 461,
Session Laws of Colorado 2021.
ANNOTATION
Protections afforded to a juvenile must,
at a minimum, be equivalent to those
afforded to an adult defendant. Failure to
properly advise a juvenile and to inquire on
the record into whether the juvenile
demonstrates, under the totality of the
circumstances, an unequivocal knowing,
intelligent, and voluntary intent to relinquish
the right to representation results in an
invalid waiver of counsel. People in Interest
of J.V .D., 2019 COA 70, 442 P.3d 1030
(decided under former law).
19-2.5-606. Preadjudication service program - creation.
(1) (a) The chief judge of any judicial district may issue an order that any juvenile who
applies for preadjudication release be evaluated for placement by a preadjudication service
program established pursuant to this section. In evaluating the juvenile, the service program shall
follow criteria for the placement of a juvenile established pursuant to section 19 -2.5-1404. Upon
evaluation, the service program shall make a recommendation to the court concerning placement
of the juvenile with a preadjudication service program.
(b) Parents or legal guardians of a juvenile evaluated by a preadjudication service program
shall complete the information form described in section 19 -2.5-1404 (1)(b)(VIII) no later than
two business days after the evaluation or prior to the juvenile's first detention hearing, whichever
occurs first. If available, the screening team or preadjudication service program shall file the
original completed information form with the court. If the information form has not been
completed at the time of the detention hearing, the court shall direct the parent or legal guardian
to immediately complete the form and file it with the court. The screening team, preadjudication
service program, or the court shall deliver a copy of the information form to the division of youth
services; the guardian ad litem, if any; and the county department of human or social services no
later than seven business days after the date of the detention hearing.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-314-
(2) Any county or city and county or judicial district in the state may establish a
preadjudication service program for use by the district court for the county or city and county or
judicial district. Such program must be established in accordance with a local justice plan
developed pursuant to section 19-2.5-302.
(3) The local justice plan must provide for the assessment of juveniles taken into custody and
detained by law enforcement officers. The assessment must be based on criteria for the
placement of juveniles established pursuant to section 19 -2.5-1404, so that relevant information
may be presented to the judge presiding over the detention hearing. The information provided to
the court through the screening process, including the record of any prior adjudication of the
juvenile, is intended to enhance the court's ability to make a more appropriate detention and bond
decision, based on facts relative to the juvenile's substantial risk of serious harm to others.
(4) The plan may include different methods and levels of community -based supervision as
conditions for preadjudication release, including the possibility of release without formal
supervision. The plan may provide for the use of the same supervision methods that have been
established for adult defendants as a pretrial release method to reduce pretrial incarceration or
that have been established as sentencing alternatives for juvenile or adult offenders placed on
probation or parole. The use of such supervision methods is intended to reduce preadjudication
detentions without sacrificing the protection of the community from juveniles who may be risks
to the public. The plan may allow for the release of the juvenile to the juvenile's home with no
formal supervision or provide for the use of any of the following supervision methods as
conditions of preadjudication release:
(a) Periodic telephone communications with the juvenile;
(b) Periodic office visits by the juvenile to the preadjudication service program;
(c) Periodic home visits to the juvenile's home;
(d) If a validated mental health or substance use screening and subsequent mental health or
substance use assessment indicates that the juvenile has a need:
(I) Periodic drug testing of the juvenile; or
(II) Behavioral or mental health or substance use treatment for the juvenile, which may
include residential treatment;
(e) Periodic visits to the juvenile's school;
(f) Domestic violence or child abuse counseling for the juvenile, if applicable;
(g) Electronic or global position monitoring of the juvenile;
(h) Work release for the juvenile, if school attendance is not applicable or appropriate under
the circumstances; or
Colorado Revised Statutes 2026
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(i) Juvenile day reporting and day treatment programs.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 603, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-302 as it existed prior to 2021.
19-2.5-607. Mandatory protection order.
(1) (a) A mandatory protection order is created against any juvenile charged with the
commission of a delinquent act and the juvenile's parents or legal guardian. The order remains in
effect from the time that the juvenile is advised of the juvenile's rights and informed of the order
at the juvenile's first appearance before the court until final disposition of the action or, in the
case of an appeal, until disposition of the appeal. The order restrains the juvenile and the
juvenile's parents or legal guardian from harassing, molesting, intimidating, retaliating against, or
tampering with any witness to or victim of the delinquent act charged.
(b) The protection order issued pursuant to this section must be on a standardized form
prescribed by the judicial department, and a copy must be provided to the protected parties.
(2) At the time of the juvenile's first appearance before the court, the court shall inform the
juvenile and the juvenile's parents or legal guardian of the protection order effective pursuant to
this section and shall also inform the juvenile and the juvenile's parents or legal guardian that a
violation of such order is punishable as contempt of court.
(3) Nothing in this section precludes the juvenile or the juvenile's parents or legal guardian
from applying to the court at any time for modification or dismissal of the protection order issued
pursuant to this section or the district attorney from applying to the court at any time for
additional provisions under the protection order, modification of the order, or dismissal of the
order. The trial court shall retain jurisdiction to enforce, modify, or dismiss the protection order
during the pendency of any appeal that may be brought.
(4) The duties of peace officers enforcing orders issued pursuant to this section are in
accordance with section 18 -6-803.5 and any rules adopted by the Colorado supreme court
pursuant to said section.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 604, § 2,
effective October 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-316-
Editor's note: This section is similar to former § 19-2-707 as it existed prior to 2021.
19-2.5-608. Fingerprinting - ordered by court - definition.
(1) For purposes of this section, "juvenile" means any juvenile who is charged with
committing, summoned, or held in detention for committing a delinquent act that constitutes a
felony, a class 1 misdemeanor, or a misdemeanor pursuant to section 42 -4-1301 or a crime, the
underlying factual basis of which included an act of domestic violence, as defined in section 18 -
6-800.3 (1), as if committed by an adult.
(2) If a juvenile has not been fingerprinted prior to the juvenile's first appearance before the
court, the court shall order the juvenile to report to an entity authorized by the court or the local
law enforcement agency for fingerprinting, except for juvenile detention centers and alternative
service programs, otherwise known as "SB 91 -94 programs", described in section 19 -2.5-606.
The authorized entity or local law enforcement agency shall endorse upon a copy of the order the
completion of the fingerprinting and return the same to the court. The authorized entity or local
law enforcement agency shall forward a set of fingerprints ordered pursuant to this subsection (2)
to the Colorado bureau of investigation in the form and manner prescribed by the bureau.
(3) Any fingerprints required by this section to be forwarded to the Colorado bureau of
investigation must be forwarded within twenty -four hours after completion of the fingerprinting,
excluding Saturdays, Sundays, and legal holidays.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 605, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-503.5 (1), (3), and (4) as it existed prior
to 2021.
19-2.5-609. Preliminary hearing - dispositional hearing.
(1) The district attorney or a juvenile who is accused in a petition of a delinquent act that
constitutes a class 1, 2, or 3 felony may demand and receive a preliminary hearing to determine
if there is probable cause to believe that the delinquent act alleged in the petition was committed
by the juvenile. In addition, the district attorney or a juvenile who is accused in a petition of only
those delinquent acts that constitute class 4, 5, or 6 felonies, which felonies require mandatory
sentencing, constitute crimes of violence as defined in section 18 -1.3-406, or constitute sexual
Colorado Revised Statutes 2026
Title 19 - Children's Code
-317-
offenses pursuant to part 4 of article 3 of title 18, may demand and receive a preliminary hearing
to determine if there is probable cause to believe that the juvenile committed the delinquent act
alleged in the petition. A preliminary hearing may be heard by a judge of the juvenile court or by
a magistrate and conducted as follows:
(a) At the juvenile's advisement hearing and after the filing of the delinquency petition, the
prosecution shall make available to the juvenile the discovery material required by the Colorado
rules of juvenile procedure. The juvenile or the prosecution may file a written motion for a
preliminary hearing, stating the basis therefor. Upon the filing of the motion, the court shall set
the matter for a hearing. The juvenile or the prosecution shall file a written motion for a
preliminary hearing not later than fourteen days after the advisement hearing.
(b) If the juvenile is being detained because of the delinquent act alleged in the petition, the
preliminary hearing must be held within thirty -five days after the filing of the motion, unless
good cause for continuing the hearing beyond that time is shown to the court. If the juvenile is
not being detained, it must be held as promptly as the calendar of the court permits.
(c) At the preliminary hearing, the juvenile shall not be called upon to plead, although the
juvenile may cross -examine the prosecution witnesses and may introduce evidence in the
juvenile's own behalf. The prosecution has the burden of establishing probable cause. The court
at the hearing may temper the rules of evidence in the exercise of sound judicial discretion.
(d) If the court determines that probable cause exists, it shall enter a finding to that effect and
schedule an adjudicatory trial. If from the evidence it appears to the court that probable cause
does not exist, it shall dismiss the delinquency petition and the court shall discharge the juvenile
from any restriction or other previous temporary order stemming from the petition.
(2) (a) The district attorney and the juvenile who is accused in a petition of a delinquent act
that constitutes a class 4, 5, or 6 felony, except those that require mandatory sentencing, that
constitute crimes of violence as defined in section 18 -1.3-406, or that constitute sexual offenses
pursuant to part 4 of article 3 of title 18, do not have the right to demand or receive a preliminary
hearing but shall participate in a dispositional hearing for the purposes of case evaluation and
potential resolution. A judge of the juvenile court or a magistrate may hear the dispositional
hearing.
(b) Any juvenile accused of a class 4, 5, or 6 felony who is not otherwise entitled to a
preliminary hearing pursuant to subsection (2)(a) of this section may demand and shall receive a
preliminary hearing within a reasonable time pursuant to subsection (1) of this section if the
juvenile is in custody; except that, upon motion of either party, the court shall vacate the
preliminary hearing if there is a reasonable showing that the juvenile has been released from
custody prior to the preliminary hearing.
(3) A request for review of a preliminary hearing finding entered by a magistrate must be
filed pursuant to section 19-1-108 (5.5), and review must be conducted pursuant to said section.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-318-
(4) The prosecution may file a motion to refile the petition in delinquency, which motion
must be accompanied by a verified affidavit stating the grounds therefor.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 605, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-705 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Detained juvenile entitled to
preliminary hearing. A juvenile who is
detained is entitled to a preliminary hearing
by constitutional mandate. The right to a
preliminary hearing in all other instances is
based upon interpretation of the Colorado
Children's Code and the Colorado rules of
juvenile procedure. J.T. v. O'Rourke ex rel.
Tenth Judicial Dist., 651 P.2d 407 (Colo.
1982).
When juvenile entitled to preliminary
hearing. Juveniles charged in delinquency
proceedings with crimes (felonies and class
1 misdemeanors) subject to Crim. P. 5 and 7
are entitled to a preliminary hearing.
Juveniles held on lesser charges are not
granted a right to a preliminary hearing by
statute or by rule. J.T. v. O'Rourke ex rel.
Tenth Judicial Dist., 651 P.2d 407 (Colo.
1982).
Former § 19 -3-103 (1)(d) gave juvenile
courts limited discretion to conduct a
preliminary hearing on the issue of
probable cause to charge a juvenile suspect.
J.T. v. O'Rourke ex rel. Tenth Judicial Dist.,
651 P.2d 407 (Colo. 1982).
Distinction is constitutional.
Distinguishing between detained and
nondetained juvenile suspects and between
juveniles charged with committing serious
offenses and juveniles charged with
committing other offenses for the purpose of
determining whether a preliminary hearing
is required is a reasonable and rational
distinction. J.T. v. O'Rourke ex rel. Tenth
Judicial Dist., 651 P.2d 407 (Colo. 1982).
Preliminary hearings. Section 19 -3-101
(1)(d) gives the juvenile courts limited
discretion to conduct a preliminary hearing
on the issue of probable cause to charge a
juvenile suspect. J.T. v. O'Rourke ex rel.
Tenth Judicial Dist., 651 P.2d 407 (Colo.
1982).
Distinguishing between detained and
nondetained juvenile suspects and between
juveniles charged with committing serious
offenses and juveniles charged with
committing other offenses for the purpose of
determining whether a preliminary hearing
Colorado Revised Statutes 2026
Title 19 - Children's Code
-319-
is required is a reasonable and rational
distinction. J.T. v. O'Rourke ex rel. Tenth
Judicial Dist., 651 P.2d 407 (Colo. 1982).
Under subsection (3), prosecutors and
juveniles are entitled to ask a juvenile
court to review a juvenile court
magistrate's preliminary hearing finding
in a delinquency proceeding. People in
Interest of A.S.M., 2022 CO 47, 517 P.3d
675.
Granting a motion to dismiss and
denying a motion to refile a juvenile
delinquency is within the discretion of the
court. People in Interest of D.J.P., 785 P.2d
129 (Colo. 1990).
Failure of prosecution to subpoena
witness or to show necessity for the
testimony of such witness is sufficient to
deny prosecution motion to continue and
to dismiss the action. People in Interest of
D.J.P., 785 P.2d 129 (Colo. 1990).
19-2.5-610. Right to jury trial.
(1) In any action in delinquency in which a juvenile is alleged to be an aggravated juvenile
offender, as described in section 19 -2.5-1125, or is alleged to have committed an act that would
constitute a crime of violence, as defined in section 18 -1.3-406, if committed by an adult, the
juvenile or the district attorney may demand a trial by a jury of not more than six persons, except
as provided in section 19 -2.5-503 (3)(a), or the court, on its own motion, may order the jury to
try any case brought pursuant to this title 19, except as provided in subsection (2) of this section.
(2) The juvenile is not entitled to a trial by jury when the petition alleges a delinquent act
that is a misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a
violation of a court order.
(3) Unless a jury is demanded pursuant to subsection (1) of this section, it is deemed waived.
(4) Notwithstanding any other provisions of this article 2.5, in any action in delinquency in
which a juvenile requests a jury pursuant to this section, the juvenile is deemed to have waived
the sixty-day requirement for holding the adjudicatory trial established in section 19 -2.5-902. In
such a case, the juvenile's right to a speedy trial is governed by section 18 -1-405 and rule 48 (b)
of the Colorado rules of criminal procedure.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 607, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-107 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-320-
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Error for trial judge to refuse a jury
trial and fail to notify defendants or parents
or friends present, that a trial by jury might
be had if they wished it. Kahm v. People, 83
Colo. 300, 264 P. 718 (1928).
Juvenile who claimed that the incorrect
statute was applied during his trial
waived his statutory right to a jury trial
because he was given the opportunity at
pretrial hearing to make his position known
regarding the applicable statutory
provisions, and did not do so. People v.
J.J.H., 992 P.2d 626 (Colo. App. 1999), rev'd
on other grounds, 17 P.3d 159 (Colo. 2001).
Trial court did not err in denying the
request for a jury trial. Since defendant's
charge of sexual assault on a child did not
include charges of bodily injury,
intimidation, threats, or force, defendant was
not charged with a crime of violence as
defined in § 18 -1.3-406 and, subsequently,
was not entitled to a jury trial. People ex rel.
A.B.-B., 215 P.3d 1205 (Colo. App. 2009).
Jury trial is not constitutionally
required under the due process clause or
equal protection clause of the state
constitution, article II, § 25, in the less
serious delinquency adjudications specified
in this statute. People in Interest of T.M.,
742 P.2d 905 (Colo. 1987); People in
Interest of T.A.W., 38 Colo. App. 175, 556
P.2d 1225 (1996).
Express constitutional right to a jury
trial afforded to an adult facing a serious
criminal charge not extended to a juvenile
in delinquency proceedings under the
federal or state constitution, even when the
consequences for the juvenile include
possible commitment over six months;
rationale for not extending jury trial to
juvenile proceedings focuses on the unique
nature of juvenile proceedings and not on
the potential consequences of a delinquency
adjudication. People ex rel. A.C., 991 P.2d
304 (Colo. App. 1999), aff'd, 16 P.3d 240
(Colo. 2001).
Right to due process under the state
constitution does not include a right to a jury
in any delinquency proceeding. People ex
rel. A.C., 991 P.2d 304 (Colo. App. 1999),
aff'd, 16 P.3d 240 (Colo. 2001).
No equal protection right to a juvenile
facing possible commitment over six
months; there is no juvenile fundamental
right to a jury trial in delinquency
proceedings and it is not irrational to
preclude jury trials in juvenile proceedings.
People ex rel. A.C., 991 P.2d 304 (Colo.
App. 1999), aff'd, 16 P.3d 240 (Colo. 2001).
Absent a corresponding constitutional
right, juvenile who was not alleged to have
committed an act that would constitute a
crime of violence and who was not an
aggravated juvenile offender did not have a
statutory right to a jury trial. People ex rel.
A.C., 991 P.2d 304 (Colo. App. 1999), aff'd,
16 P.3d 240 (Colo. 2001); People ex rel. J.T.,
13 P.3d 321 (Colo. App. 2000), overruled on
Colorado Revised Statutes 2026
Title 19 - Children's Code
-321-
other grounds in People in Interest of T.B.,
2021 CO 59, 489 P.3d 752.
Jury demand right extended to all
parties of record to delinquency
proceeding. The general assembly's
selection of "any interested party" stands out
as a purposeful choice to extend the right of
jury demand to all parties of record to the
delinquency proceeding. S.A.S. v. Dist.
Court, 623 P.2d 58 (Colo. 1981); People in
Interest of T.A.W., 38 Colo. App. 175, 556
P.2d 1225 (1996).
And juvenile has no veto power over
state's demand. There is no indication of an
intent to bestow on the juvenile a veto power
over the state's jury demand through a
statutory right of jury waiver. S.A.S. v. Dist.
Court, 623 P.2d 58 (Colo. 1981).
19-2.5-611. Contempt - warrant - legislative declaration.
(1) Except as otherwise set forth in subsection (3) of this section, any person summoned or
required to appear pursuant to section 19 -2.5-501 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 juvenile
requires that the juvenile be brought immediately into the custody of the court, a bench warrant
may be issued for the parents, guardian, or other legal custodian or for the juvenile.
(3) (a) When a parent or other person who signed a written promise to appear and bring the
juvenile to court or who has waived or acknowledged service fails to appear with the juvenile on
the date set by the court, a bench warrant may be issued for the parent or other person, the
juvenile, or both.
(b) Whenever a parent or guardian or person with whom the juvenile resides, if other than
the parent or guardian, who has received a summons to appear fails, without good cause, to
appear on any other date set by the court, a bench warrant must be issued for the parent,
guardian, or person with whom the juvenile resides, and the parent, guardian, or person with
whom the juvenile resides is subject to contempt.
(c) For purposes of this subsection (3), good cause for failing to appear includes but is not
limited to a situation where a parent or guardian:
(I) Does not have physical custody of the juvenile and resides outside of Colorado;
(II) Has physical custody of the juvenile but resides outside of Colorado and appearing in
court will result in undue hardship to the parent or guardian; or
(III) Resides in Colorado but is outside of the state at the time of the juvenile proceeding for
reasons other than avoiding appearance before the court and appearing in court will result in
undue hardship to the parent or guardian.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-322-
(d) The nonappearance of the parent, guardian, or person with whom the juvenile resides is
not the basis for a continuance.
(e) This subsection (3) is not applicable to any proceeding in a case that has been transferred
to the district court pursuant to section 19-2.5-802.
(f) The general assembly declares that every parent or guardian whose juvenile is the subject
of a juvenile proceeding pursuant to this article 2.5 shall attend any such proceeding.
(g) Nothing in this subsection (3) creates a right for any juvenile to have the juvenile's parent
or guardian present at any proceeding at which the juvenile is present.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 607, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-515 as it existed prior to 2021.
19-2.5-612. Mental health services for juvenile - how and when issue raised - procedure
- definitions.
(1) At any stage of a delinquency proceeding, if the court, prosecution, probation officer,
guardian ad litem, parent, or legal guardian has reason to believe that the juvenile could benefit
from mental health services, the party shall immediately advise the court of that belief.
(2) After the party advises the court of the party's belief that the juvenile could benefit from
mental health services, the court shall immediately order a mental health screening of the
juvenile pursuant to section 16-11.9-102 using the mental health screening tool selected pursuant
to section 24 -33.5-2402 (1)(b), as it existed prior to its repeal in 2022, unless the court already
has sufficient information to determine whether the juvenile could benefit from mental health
services or unless a mental health screening of the juvenile has been completed within the last
three months. Before sentencing a juvenile, the court shall order a mental health screening using
the mental health screening tool selected pursuant to section 24 -33.5-2402 (1)(b), as it existed
prior to its repeal in 2022, or make a finding that the screening would not provide information
that would be helpful in sentencing the juvenile. The court shall not stay or suspend delinquency
proceedings pending the results of the mental health screening ordered pursuant this section.
However, the court may continue the dispositional and sentencing hearing to await the results of
the mental health screening.
(3) If the mental health screening indicates that the juvenile could benefit from mental health
services, the court may order a mental health assessment.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-323-
(4) At the time the court orders a mental health assessment, the court shall specify the date
upon which the assessment must be completed and returned to the court. The court may assign
responsibility for the cost of the assessment to any party having legal custody or legal
guardianship of the juvenile.
(5) The assessment, at a minimum, must include an opinion regarding whether the juvenile
could benefit from mental health services. If the assessment concludes that the juvenile could
benefit from mental health services, the assessment must identify the juvenile's mental health
issues and the appropriate services and treatment.
(6) Evidence or treatment obtained as a result of a mental health screening or assessment
ordered pursuant to this section, including any information obtained from the juvenile in the
course of a mental health screening or assessment, must be used only for purposes of sentencing;
to determine what mental health treatment, if any, to provide to the juvenile; and to determine
whether the juvenile justice or another service system is most appropriate to provide this
treatment, and must not be used for any other purpose. The mental health screening or
assessment or any information obtained in the course of the mental health screening or
assessment is not subject to subpoena or any other court process for use in any other court
proceeding and is not admissible on the issues raised by a plea of not guilty unless the juvenile
places the juvenile's mental health at issue. If the juvenile places the juvenile's mental health at
issue, then either party may introduce evidence obtained as a result of a mental health screening
or assessment. The court shall keep any mental health screening or assessment in the court file
under seal.
(7) For purposes of this section:
(a) "Assessment" means an objective process used to collect pertinent information in order to
identify a juvenile who may have mental health needs and identify the least restrictive and most
appropriate services and treatment.
(b) "Juvenile could benefit from mental health services" means a juvenile exhibits one or
more of the following characteristics:
(I) A chronic or significant lack of impulse control or of judgment;
(II) Significant abnormal behaviors under normal circumstances;
(III) Severe or frequent changes in sleeping or eating patterns or in levels of activity;
(IV) A pervasive mood of unhappiness or of depression; or
(V) A history that includes mental health treatment, a suicide attempt, or the use of
psychotropic medication.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-324-
(c) "Screening" means a short validated mental health screening adopted by the committee
on juvenile justice reform pursuant to section 24 -33.5-2402 (1)(b), as it existed prior to its repeal
in 2022, to identify juveniles who may have mental health needs.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 608, § 2,
effective October 1. L. 2022: (2) and (7)(c) amended, (HB 22-1211), ch. 79, p. 393, § 6, effective
December 31.
Editor's note: This section is similar to former § 19-2-710 as it existed prior to 2021.
19-2.5-613. Advisement of services.
(1) For any juvenile who is sixteen years of age or older, before terminating jurisdiction, the
court shall advise the juvenile that:
(a) If the juvenile was in foster care at sixteen years of age or older, or in noncertified
kinship care and adjudicated dependent and neglected, then the juvenile has the right to begin
voluntarily receiving child welfare services on or after reaching eighteen years of age through the
foster youth in transition program, established in part 3 of article 7 of this title 19, until the
juvenile's twenty-first birthday, or such greater age of foster care eligibility as required by federal
law;
(b) The foster youth in transition program provides the juvenile with access to financial
support for housing and other services, as outlined in section 19-7-305; and
(c) If the juvenile is eligible for the foster youth in transition program, the juvenile has the
right to counsel through the office of the child's representative.
Source: L. 2022: Entire section added, (HB 22-1245), ch. 88, p. 417, § 2, effective August 10.
PART 7
COMPETENCY TO PROCEED
19-2.5-701. Legislative declaration.
(1) The general assembly finds and declares that:
Colorado Revised Statutes 2026
Title 19 - Children's Code
-325-
(a) The juvenile justice system is civil in nature and focused on rehabilitation rather than
punishment;
(b) Juveniles differ in significant and substantive ways from adults; therefore, different
standards for competency are necessary for juveniles and adults; and
(c) Notwithstanding the differences between adults and juveniles, age alone is not
determinative of incompetence without a finding that the juvenile actually lacks the relevant
capacities for competence.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 610, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1300.2 as it existed prior to 2021.
19-2.5-701.5. Definitions.
As used in this part 7, unless the context otherwise requires:
(1) "Competency evaluation" means a court -ordered evaluation performed by the
department, or a second evaluation conducted pursuant to section 19 -2.5-707, conducted by a
competency evaluator that meets the requirements described in section 19-2.5-703 (4).
(2) "Competency evaluator" means an individual with the qualifications described in section
19-2.5-703 (4)(b).
(3) "Competency hearing" means an initial hearing to determine whether a juvenile is
competent to proceed.
(4) "Competent to proceed" means that a juvenile has the sufficient present ability to consult
with the juvenile's attorney, with a reasonable degree of rational understanding, to assist the
attorney in the juvenile's defense, and that the juvenile has a rational as well as factual
understanding of the proceedings.
(5) "Incompetent to proceed" means that, based on an intellectual or developmental
disability, mental health disorder, or lack of mental capacity, a juvenile does not have sufficient
present ability to consult with the juvenile's attorney with a reasonable degree of rational
understanding in order to assist the attorney in the juvenile's defense or that the juvenile does not
have a rational as well as a factual understanding of the proceedings.
(6) "Restoration evaluation" means a court -ordered evaluation performed by the department,
or a second evaluation conducted pursuant to section 19 -2.5-707, conducted by a competency
Colorado Revised Statutes 2026
Title 19 - Children's Code
-326-
evaluator to determine if the juvenile has become competent to proceed or will be able to be
restored to competency in the reasonably foreseeable future.
(7) "Restoration progress review hearing" means a hearing in which the juvenile's progress in
restoration to competency education and other applicable services is reviewed, based on
restoration education, treatment records, and any prior competency evaluation reports.
(8) "Restoration to competency hearing" means a hearing to determine whether a juvenile
who has previously been determined to be incompetent to proceed is now competent to proceed.
(9) "Second evaluation" means an evaluation in response to a court -ordered competency
evaluation or court-ordered restoration evaluation requested by the juvenile that is performed by
a competency evaluator and that is not performed by, under the direction of, or paid for by the
department.
Source: L. 2023: Entire section added, (HB 23-1012), ch. 205, p. 1043 § 2, effective August 7.
L. 2025: (1) and (6) amended, (SB 25-041), ch. 357, p. 1929, § 13, effective August 8.
19-2.5-702. Incompetent to proceed - effect - how and when raised.
(1) This part 7 applies only to proceedings brought pursuant to this title 19.
(2) A juvenile must not be tried or sentenced if the juvenile is incompetent to proceed, as
defined in section 19 -2.5-701.5, at that stage of the proceedings. Juveniles, like adults, are
presumed competent to proceed, as defined in section 19 -2.5-701.5, until such time as they are
found incompetent to proceed through a decision by the court. A determination of competency
must include an evaluation of intellectual and developmental disabilities, mental health
disorders, and mental capacity. Age alone is not determinative of incompetence without a finding
that the juvenile actually lacks the relevant capacities for competence.
(3) When a party specified in this subsection (3) has reason to believe that a juvenile is
incompetent to proceed in a delinquency action, the party shall raise the question of the juvenile's
competency in the following manner:
(a) On its own motion, the court shall suspend the proceeding and determine the competency
or incompetency of the juvenile pursuant to section 19-2.5-703;
(b) By motion of the prosecution, probation officer, guardian ad litem, or defense, made in
advance of the commencement of the particular proceeding. The motion may be filed after the
commencement of the proceeding if, for good cause shown, the juvenile's mental health was
unknown or unapparent before the commencement of the proceeding.
(c) By the juvenile's parent or legal guardian.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-327-
(4) If the issue of competency is raised at the time charges are filed or at any time thereafter
and the juvenile is not represented by counsel, the court may immediately appoint counsel and
may also appoint a guardian ad litem to ensure the best interests of the juvenile are addressed in
accordance with existing law.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 610, § 2,
effective October 1. L. 2023: (2) amended, (HB 23-1012), ch. 205, p. 1044, § 3, effective August
7.
Editor's note: This section is similar to former § 19-2-1301 as it existed prior to 2021.
ANNOTATION
Version of subsection (1) prior to the
2018 amendment is not unconstitutional
because it applied the definition of
"incompetent to proceed" for adults in
criminal proceedings to juveniles. People in
Interest of A.C.E -D., 2018 COA 157, 433
P.3d 153 (decided under former law).
19-2.5-703. Determination of incompetency to proceed.
(1) Whenever the question of a juvenile's competency to proceed is raised, the court shall
make a preliminary finding that the juvenile is or is not competent to proceed. If the court feels
that the information available to it is inadequate for making such a finding, it shall order a
competency examination.
(2) The court shall immediately notify the prosecuting attorney and defense counsel of the
preliminary finding regarding competency. The prosecuting attorney or the defense counsel may
request a hearing on the preliminary finding by filing a written request with the court within
fourteen days after the date on which the court issues the preliminary finding, unless the court
extends the time period for good cause. The preliminary finding becomes a final determination if
neither the prosecuting attorney no r defense counsel requests a hearing. Upon the timely written
request of either the prosecuting attorney or defense counsel, the court shall hold a competency
hearing. If the court did not order a competency examination or other evaluation prior to its
preliminary determination and the court determines adequate mental health information is not
available, the court shall refer the juvenile for a competency examination prior to the hearing. At
the conclusion of the competency hearing, the court shall make a f inal determination regarding
the juvenile's competency to proceed. At a competency hearing held pursuant to this subsection
Colorado Revised Statutes 2026
Title 19 - Children's Code
-328-
(2), the burden of submitting evidence and the burden of proof by a preponderance of the
evidence are upon the party asserting the juvenile's incompetency.
(3) If the question of a juvenile's incompetency to proceed is raised after a jury is impaneled
to try the issues raised by a plea of not guilty or after the court as the finder of fact begins to hear
evidence and the court determines that the juvenile is incompetent to proceed or orders the
juvenile referred for a competency examination, the court may declare a mistrial. If the court
declares a mistrial under these circumstances, the juvenile must not be deemed to have been
placed in jeopardy with regard to the charges at issue. The juvenile may be tried on, and
sentenced if adjudicated for, the same charges after the juvenile has achieved or been restored to
competency.
(4) (a) If the court orders a competency evaluation, the court shall order that the competency
evaluation be conducted in the least -restrictive environment, including home or community
placement, if appropriate, taking into account the public safety and the best interests of the
juvenile.
(b) A competency evaluation must be conducted by a licensed psychiatrist or licensed
psychologist who is experienced in the clinical evaluation of juveniles and trained in forensic
competency assessments, or a psychiatrist or psychologist who is in forensic training and under
the supervision of a licensed forensic psychiatrist or licensed psychologist with expertise in
forensic psychology.
(c) The competency evaluation must, at a minimum, include an opinion regarding whether
the juvenile is incompetent to proceed as defined in section 19 -2.5-701.5. If the evaluation
concludes the juvenile is incompetent to proceed, the evaluation must include a recommendation
as to whether there is a likelihood that the juvenile may achieve or be restored to competency in
the reasonably foreseeable future and identify appropriate services to restore the juvenile to
competency.
(d) The evaluator conducting the competency evaluation shall file the evaluation with the
court within:
(I) Thirty -five days after issuance of the order for the competency evaluation, unless good
cause is shown for a delay, if the juvenile is held in a secure detention facility;
(II) Forty -nine days after issuance of the order for the competency evaluation, unless good
cause is shown for a delay, if the juvenile is not held in a secure detention facility.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 611, § 2,
effective October 1. L. 2023: (4)(c) amended, (HB 23 -1012), ch. 205, p. 1045, § 4, effective
August 7.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-329-
Editor's note: This section is similar to former § 19-2-1302 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
A juvenile is not entitled to a second
competency evaluation at state expense.
The provisions of the adult competency
statutes, §§ 16 -8.5-106 and 16 -8.5-107, do
not apply to juvenile delinquency
proceedings. A juvenile does not have a
constitutional right to a competency
evaluation at state expense. People in
Interest of W.P., 2013 CO 11, 295 P.3d 514.
This section applies only when a
juvenile's competency is initially
questioned. It does not apply after the
preliminary finding or final determinations
of competency, nor does it authorize
subsequent competency evaluations. People
in Interest of B.B.A.M., 2019 CO 103, 453
P.3d 1161.
This section does not apply to the
question of restoration to competency,
which is governed by §§ 19 -2-1304 and 19 -
2-1305. People in Interest of B.B.A.M.,
2019 CO 103, 453 P.3d 1161.
This section, which concerns a juvenile
court's initial determination regarding
competency, does not empower a juvenile
court to order a second competency
evaluation. However, §§ 19 -2.5-704 and
19-2.5-705, in conjunction with § 19 -2.5-
706 (2), authorize a juvenile court to order a
reassessment evaluation after the court
determines a juvenile remains incompetent.
People in Interest of A.C., 2022 CO 49, 517
P.3d 1228.
19-2.5-703.5. Waiver of privilege - exchange of information - admissibility of
statements.
(1) When the court determines that a juvenile is incompetent to proceed, any claim of
confidentiality or privilege by the juvenile or the juvenile's parent or legal guardian is deemed
waived within the case to allow the court and parties to determine issues related to the juvenile's
competency, restoration, and any management plan developed by the court pursuant to section
19-2.5-704 (3). The district attorney, defense attorney, guardian ad litem, the department, any
competency evaluators, any restoration treatment providers, bridges court liaisons, and the court
are granted access, without written consent of the juvenile or further order of the court, to:
(a) Competency evaluations and restoration evaluations, including all second evaluations;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-330-
(b) Information and documents related to competency evaluations that are created, obtained,
reviewed, or relied on by a competency evaluator performing a court -ordered competency
evaluation;
(c) Information and documents relating to competency restoration that are created, obtained,
reviewed, or relied on by a competency provider performing court-ordered restoration services;
(d) The competency evaluator, for the purpose of discussing the competency evaluation; and
(e) The providers of court -ordered restoration services for the purpose of discussing such
services.
(2) Upon a request by either party or the court for information described in subsection (1) of
this section, the competency evaluator or restoration services provider shall provide the
information to the party or court for use in preparing for a competency hearing, restoration
progress review hearing, restoration to competency hearing, or hearing regarding a management
plan pursuant to section 19-2.5-704 (3) and for use in any such hearing.
(3) A competency evaluator or restoration services provider assigned pursuant to a court
order issued pursuant to this article 2.5 shall provide procedural information to the district
attorney, defense attorney, guardian ad litem, the department, any competency evaluators, any
restoration treatment providers, and the court concerning:
(a) The juvenile's location;
(b) The juvenile's hospital or facility admission status;
(c) The status of evaluation procedures;
(d) The status of restoration services procedures; and
(e) Any other procedural information relevant to the juvenile's competency, restoration, or
management plan.
(4) Nothing in this section limits the court's ability to order, in addition to the information set
forth in subsections (1) and (3) of this section, additional information be provided to the district
attorney, defense attorney, guardian ad litem, the department, any competency evaluator, any
restoration treatment provider, and the court, unless it is otherwise protected from disclosure by
other law. Nothing in this section limits the information that is available with the written consent
of the juvenile.
(5) The court shall order the parties to exchange the names, addresses, reports, and
statements of each physician or psychologist who examined or treated the juvenile for
competency.
(6) Evidence obtained during a competency evaluation or during competency restoration
services that is related to the juvenile's competency or incompetency is only admissible to
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determine the juvenile's competency, incompetency, or to determine orders related to restoration,
restoration services, or a management plan and is not admissible on the issues raised by a plea of
not guilty.
Source: L. 2023: Entire section added, (HB 23 -1012), ch. 205, p. 1045, § 5, effective August
7. L. 2025: IP(1) amended, (HB 25-1146), ch. 358, p. 1936, § 6, effective July 1.
19-2.5-704. Procedure after determination of competency or incompetency.
(1) If the court finally determines pursuant to section 19 -2.5-703 that the juvenile is
competent to proceed, the court shall order that the suspended proceeding continue or, if a
mistrial has been declared, shall reset the case for trial at the earliest possible date.
(2) (a) If the court finally determines pursuant to section 19 -2.5-703 that the juvenile is
incompetent to proceed but may be restored to competency in the reasonably foreseeable future,
the court shall stay the proceedings and order that the juvenile receive services designed to
restore the juvenile to competency, based upon recommendations in the competency evaluation,
unless the court makes specific findings that the recommended services in the competency
evaluation are not justified. The court shall order that the restoration services ordered are
provided in the least -restrictive environment, taking into account the public safety and the best
interests of the juvenile, and that the provision of the services and the juvenile's participation in
those services occur in a timely manner. The court shall hold a restoration progress review
hearing at least every ninety -one days until competency is restored, unless the juvenile is in
custody, in which event the court shall hold a restoration progress review hearing every thirty -
five days to ensure the prompt provision of services in the least -restrictive environment. The
court shall not maintain jurisdiction longer than the maximum possible sentence for the most
serious offense, unless the court makes specific findings of good cause to retain jurisdiction.
However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty -first
birthday.
(b) Pursuant to section 27 -60-105, the department is the entity responsible for the oversight
of restoration education and coordination of services necessary to competency restoration. The
department shall only conduct a restoration evaluation with a court order pursuant to subsection
(2)(c) of this section.
(c) (I) The court, a party, or the department may raise, at any time, the need for a restoration
evaluation of a juvenile's competency. The request must include the factual grounds that support
the need for a restoration evaluation.
(II) (A) The court must ensure prompt resolution of any request for a restoration evaluation.
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(B) The court shall order each party to state their position and provide input on the request
no later than fourteen days after when the party was notified of the request; except that, if the
juvenile is in custody or inpatient restoration, the court shall allow seven days for a party to
object to the request. If the parties are before the court, the court may take positions on the
record, or the court may order a written position from each party as necessary.
(C) If no party objects, the court shall order the restoration evaluation forthwith.
(D) If a party objects, the party shall state the grounds for their objection.
(III) If a party timely objects to a restoration evaluation being ordered, the court shall order a
restoration evaluation only when there is credible information that the juvenile's circumstances
have changed, the court cannot fairly determine whether the juvenile has been restored to
competency or will be able to be restored to competency in the reasonably foreseeable future
without an evaluation, and the cause for a restoration evaluation outweighs the negative impact
of a restoration evaluation upon the juvenile. The court may rule on a request based on the
information received with the request and with any objection without a hearing, or if the court
finds a hearing is necessary to rule on the request, the court may hold a hearing within fourteen
days after receiving an objection to determine if a restoration evaluation must be ordered. If the
court orders a restoration evaluation, such evaluation must meet the requirements of section 19 -
2.5-703 (4).
(2.3) If the court makes a final determination pursuant to section 19 -2.5-703 that the juvenile
is incompetent to proceed and the juvenile's highest charged act constitutes a class 2
misdemeanor, a petty offense, a drug misdemeanor, or a traffic offense, the court shall
immediately dismiss the delinquency petition or charges, as applicable, against the juvenile.
(2.5) (a) If the court finds a juvenile is incompetent to proceed, the juvenile's highest charged
act is not included in the charges specified in subsection (2.3) of this section, and the juvenile has
been incompetent to proceed for a period of time that exceeds the time limits set forth in this
subsection (2.5), the court shall enter a finding that the juvenile is unrestorable to competency
and shall determine whether a management plan for the juvenile is necessary pursuant to
subsection (3)(a) of this section. The time limits are as follows:
(I) If the highest charged act constitutes a class 1 misdemeanor or a level 4 drug felony and
the juvenile is not restored to competency after a period of six months, the court shall find the
juvenile unrestorable to competency;
(II) If the highest charged act constitutes a class 4, 5, or 6 felony, or a level 3 drug felony,
and the juvenile is not restored to competency after a period of one year, the court shall find the
juvenile unrestorable to competency;
(III) If the highest charged act constitutes a class 3 felony or a level 1 or 2 drug felony,
except for a charge that constitutes an act that alleges the juvenile is an aggravated juvenile
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offender pursuant to section 19-2.5-1125 (4), and the juvenile is not restored to competency after
a period of two years, the court shall find the juvenile unrestorable to competency; or
(IV) If the highest charged act constitutes a class 1 or 2 felony or for a charge that constitutes
an act that alleges the juvenile is an aggravated juvenile offender pursuant to section 19 -2.5-1125
(4) and the juvenile is not restored to competency after a period of five years, the court shall find
the juvenile unrestorable to competency.
(b) Upon a motion from the prosecuting attorney filed prior to the expiration of the time
limits set forth in subsection (2.5)(a) of this section, the court may extend the time limits set forth
in subsection (2.5)(a) of this section for an additional three months if the court, after a hearing,
makes factual findings that:
(I) The juvenile has failed to attend or substantially cooperate with restoration treatment;
(II) There is a reasonable likelihood of restoration in the foreseeable future if the juvenile
cooperates with restoration treatment; and
(III) The juvenile's lack of cooperation is not the result of an intellectual and developmental
disability, mental or behavioral health disorder, or a lack of mental capacity.
(c) Nothing in this subsection (2.5) precludes a court from determining a juvenile is unlikely
to be restored to competency in the reasonably foreseeable future and entering an order that the
juvenile is unrestorable to competency pursuant to subsection (3)(a) of this section through a
competency hearing or restoration to competency hearing conducted at any time prior to the
expiration of the time limits set forth in subsection (2.5)(a) of this section, based upon the
available evidence.
(3) (a) If the court finally determines pursuant to section 19 -2.5-703 or 19-2.5-703.5 that the
juvenile is incompetent to proceed and cannot be restored to competency in the reasonably
foreseeable future, the court shall enter an order finding the juvenile unrestorable to competency
and shall determine whether a case management plan for the juvenile is necessary, taking into
account the public safety and the best interests of the juvenile. If the court determines a case
management plan is unnecessary, t he court may continue any treatment or plan already in place
for the juvenile. If the court determines a case management plan is necessary, the court must
develop the case management plan after ordering that the juvenile be placed or continue
placement in the least -restrictive environment, taking into account the public safety and best
interests of the juvenile. In order to develop an appropriate case management plan, the court may
order any member of the juvenile's professional team to consult with the juv enile, the juvenile's
parent or legal guardian, or other individuals, including the juvenile's defense attorney, guardian
ad litem, or treatment provider, to develop a proposed management plan to present to the court
for consideration. The court shall notify any individual, organization, or agency that is identified
as responsible for the juvenile or responsible for implementation of the management plan. The
management plan must, at a minimum, address treatment for the juvenile, identify the party or
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parties responsible for the juvenile, and specify appropriate behavior management tools if the
tools are not otherwise part of the juvenile's treatment.
(b) The management plan may include:
(I) Placement options included in article 10.5 or 65 of title 27;
(II) A treatment plan developed by a licensed mental health professional;
(III) An informed supervision model, upon the court finding on the record supported by
information that the underlying charge is rationally related to the need for the use of an informed
supervision model;
(IV) Institution of a guardianship petition; or
(V) Any other remedy the court deems rationally related to mitigating community safety
concerns.
(b.5) Notwithstanding subsection (3)(b) of this section, the management plan must not
include:
(I) Detention of the juvenile or commitment of the juvenile to the division of youth services,
a county jail, community corrections, or the Colorado mental health institute at Pueblo; or
(II) Work release.
(c) If the charges are not dismissed earlier by the district attorney, the charges against a
juvenile found to be incompetent and unrestorable must be dismissed no later than the maximum
possible sentence for the original offense after the date of the court's finding of incompetent and
unrestorable, unless the court makes specific findings of good cause to retain jurisdiction.
However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty -first
birthday.
(d) Any entity responsible for connecting the juvenile to services, service coordination, or
case management may report to the court on the juvenile's or the juvenile's parent's or legal
guardian's engagement in the services ordered in the management plan. If the juvenile or the
juvenile's parent or legal guardian does not engage in the services ordered in the management
plan, the court may alter the management plan or take other action as necessary and permitted by
law, including, but not limited to, referral to a local collaborative management program, to the
extent that a local collaborative management program exists and provides case management
services; ordering a department of human services investigation pursuant to section 19-3-501 (1);
or filing a dependency and neglect petition pursuant to section 19 -3-501 (2)(b) if there is current
information that the juvenile has suffered abuse as defined in section 19 -1-103 and the best
interests of the juvenile require that the juvenile is protected from risk of further abuse.
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(4) A determination pursuant to subsection (2) of this section that a juvenile is incompetent
to proceed must not preclude the court from considering the release of the juvenile on bond upon
compliance with the standards and procedures for such release prescribed by statute. At any
hearing to determine eligibility for release on bond, the court may consider any effect the
juvenile's incompetency may have on the juvenile's ability to ensure the juvenile's presence for
trial.
Source: L. 2021: (4) amended, (SB 21 -071), ch. 463, p. 3336, § 6, effective July 6; entire
article added with relocations, (SB 21 -059), ch. 136, p. 612, § 2, effective October 1. L. 2022:
(2)(b) amended, (HB 22 -1278), ch. 222, p. 1505, § 48, effective July 1; (3)(b)(I) amended, (SB
22-212), ch. 421, p. 2972, § 38, effective August 10. L. 2023: (2)(b) amended, (HB 23-1236), ch.
206, p. 1051, § 3, effective May 16; (2)(a) and (3)(a) amended and (2)(c) and (2.5) added, (HB
23-1012), ch. 205, p. 1046, § 6, effective August 7; (2)(b) amended, (HB 23 -1138), ch. 423, p.
2485, § 4, effective July 1, 2024. L. 2025: (2.3), (3)(b.5), and (3)(d) added and IP(2.5)(a),
(2.5)(a)(I), (2.5)(a)(II), (3)(a), and (3)(b) amended, (HB 25-1146), ch. 358, p. 1936, § 7, effective
July 1; (2)(b) and (2)(c) amended, (SB 25-041), ch. 357, p. 1929, § 14, effective August 6.
Editor's note: (1) This section is similar to former § 19-2-1303 as it existed prior to 2021.
(2) Subsection (4) was numbered as 19 -2-1303 (4) in SB 21 -071 (see L. 2021, p. 3336). That
provision was harmonized with subsection (4) of this section as it appears in SB 21-059.
(3) Amendments to subsection (2)(b) by HB 23-1138 and HB 23-1236 were harmonized.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Juvenile court's order requiring
juvenile to undergo a psychosexual
evaluation as part of juvenile's
management plan did not violate
juvenile's right to be free from compelled
self-incrimination. Section 19 -2-1305 (3)
provides the juvenile immunity related to the
statements made during the evaluation, so
there is no fifth amendment violation.
People ex rel. C.Y ., 2012 COA 31, 275 P.3d
762.
Juvenile court's order requiring
juvenile to undergo a psychosexual
evaluation as part of juvenile's
management plan did not violate
juvenile's right to due process. Since the
juvenile was found incompetent to stand
trial and cannot be restored to competency,
the juvenile will never be tried, therefore,
the juvenile's right to presumption of
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innocence is not contemplated. People ex
rel. C.Y ., 2012 COA 31, 275 P.3d 762.
As the designated entity responsible for
the oversight of restoration to competency
restoration services, the office of
behavioral health must either provide an
opinion concerning competency or find a
qualified outsider to do so. The statutory
scheme creates an expectation that the
designated providers of competency
restoration services would provide an
opinion in its report to the court on a
juvenile's progress toward competency.
People in Interest of B.B.A.M., 2019 CO
103, 453 P.3d 1161.
A court cannot order a subsequent
competency evaluation pursuant to this
section or § 19 -2-1304. After a preliminary
competency evaluation and a juvenile has
begun receiving restoration services, the
court may determine only whether a juvenile
has been restored to competency at either a
restoration review conducted pursuant to
this section or during a restoration hearing
conducted pursuant to § 19 -2-1304. People
in Interest of B.B.A.M., 2019 CO 103, 453
P.3d 1161.
When a juvenile court determines
during a restoration review under this
section or after a restoration hearing
under § 19-2.5-705 that a juvenile remains
incompetent, the court has the authority to
order the juvenile to submit to a
reassessment evaluation to determine
whether the juvenile has been restored to
competency. People in Interest of A.C., 2022
CO 49, 517 P.3d 1228.
Restoration evaluations of juveniles are
included in "services necessary to
competency restoration". Therefore, the
department of human services may conduct
such evaluations without a court order.
People in Interest of J.D., 2025 CO 14, 567
P.3d 138.
19-2.5-705. Restoration to competency hearing.
(1) The court may order a restoration to competency hearing, as defined in section 19 -2.5-
701.5, at any time on its own motion, on motion of the prosecuting attorney, or on motion of the
juvenile. The court shall order a restoration of competency hearing if a competency evaluator
with the qualifications described in section 19 -2.5-703 (4)(b) files a report certifying that the
juvenile is competent to proceed.
(2) At the hearing, if the question is contested, the burden of submitting evidence and the
burden of proof by a preponderance of the evidence is on the party asserting that the juvenile is
competent.
(3) At the restoration to competency hearing, the court shall determine whether the juvenile
has achieved or is restored to competency.
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Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 613, § 2,
effective October 1. L. 2023: (1) amended, (HB 23-1012), ch. 205, p. 1049, § 7, effective August
7.
Editor's note: This section is similar to former § 19-2-1304 as it existed prior to 2021.
ANNOTATION
The court cannot order a subsequent
competency evaluation pursuant to this
section or § 19 -2-1303. After a preliminary
competency evaluation and a juvenile has
begun receiving restoration services, the
court may determine only whether a juvenile
has been restored to competency at either a
restoration hearing conducted pursuant to
this section or during a restoration review
conducted pursuant to § 19 -2-1303. People
in Interest of B.B.A.M., 2019 CO 103, 453
P.3d 1161 (decided under former law).
When a juvenile court determines
during a restoration review under § 19 -
2.5-704 or after a restoration hearing
under this section that a juvenile remains
incompetent, the court has the authority to
order the juvenile to submit to a
reassessment evaluation to determine
whether the juvenile has been restored to
competency. People in Interest of A.C., 2022
CO 49, 517 P.3d 1228.
19-2.5-706. Procedure after restoration to competency hearing.
(1) If a juvenile is found to have achieved or been restored to competency after a restoration
to competency hearing, pursuant to section 19 -2.5-705, or by the court during a review, pursuant
to section 19 -2.5-704 (2), the court shall resume or recommence the trial or sentencing
proceeding or order the sentence carried out. The court may credit any time the juvenile spent in
confinement or detention while incompetent to proceed against any term of commitment
imposed after achievement of or restoration to competency.
(2) If the court determines that the juvenile remains incompetent to proceed and the
delinquency petition is not dismissed, the court may continue or modify any orders entered at the
time of the original determination of incompetency or enter any new order necessary to facilitate
the juvenile's achievement of or restoration to competency.
(3) Evidence obtained during a competency evaluation or during treatment related to the
juvenile's competency or incompetency and the determination as to the juvenile's competency or
incompetency are not admissible on the issues raised by a plea of not guilty.
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Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 614, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1305 as it existed prior to 2021.
ANNOTATION
Subsection (2) grants juvenile courts
the authority to order a reassessment
evaluation after determining that a juvenile
remains incompetent during a review under
§ 19 -2.5-704 (2) or following a restoration
hearing under § 19 -2.5-705 if the
delinquency petition is not dismissed. A
reassessment evaluation is distinct from a
second competency evaluation, which is not
authorized under § 19-2.5-703 (1). People in
Interest of A.C., 2022 CO 49, 517 P.3d 1228.
19-2.5-707. Evaluation at the request of the juvenile.
A juvenile has the right to request a second evaluation in response to a court -ordered
competency evaluation or a court -ordered restoration evaluation within seven days after the
receipt of an evaluation. If a juvenile wants a second evaluation to be conducted by a
competency evaluator of the juvenile's choice in connection with a proceeding held pursuant to
this article 2.5, the court, upon timely motion, shall order that the competency evaluator be given
reasonable opportunity to conduct the second evaluation prior to any competency or restoration
hearing.
Source: L. 2023: Entire section added, (HB 23 -1012), ch. 205, p. 1049, § 8, effective August
7.
PART 8
DIRECT FILING AND TRANSFER HEARINGS
19-2.5-801. Direct filing - definition.
(1) A juvenile may be charged by the direct filing of an information in the district court or by
indictment only if the juvenile is sixteen years of age or older at the time of the commission of
the alleged offense and:
(a) Is alleged to have committed a class 1 or class 2 felony; or
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(b) Is alleged to have committed a sexual assault that is a crime of violence pursuant to
section 18 -1.3-406 or a sexual assault under the circumstances described in section 18 -3-402
(5)(a); or
(c) (I) Is alleged to have committed a felony enumerated as a crime of violence pursuant to
section 18-1.3-406, other than a sexual assault as described in subsection (1)(b) of this section, or
is alleged to have committed sexual assault pursuant to section 18 -3-402, sexual assault on a
child pursuant to section 18 -3-405, or sexual assault on a child by one in a position of trust
pursuant to section 18-3-405.3; and
(II) Is found to have a prior adjudicated felony offense; or
(d) Has previously been subject to proceedings in district court as a result of a direct filing
pursuant to this section or a transfer pursuant to section 19-2.5-802; except that:
(I) If the juvenile is found not guilty in district court of the prior felony or any lesser
included offense, the subsequent charge must be remanded to the juvenile court; and
(II) If the juvenile is convicted in district court in the prior case of a lesser included or
nonenumerated offense for which criminal charges could not have been originally filed by
information or indictment in the district court pursuant to this section, the subsequent charge may
be remanded to the juvenile court.
(2) If, after a preliminary hearing, the district court does not find probable cause for an
offense that may be charged by direct filing, or if the direct file eligible offense is dismissed at a
later date, the court shall remand the case to the juvenile court.
(3) Notwithstanding section 19 -2.5-802, after filing charges in the juvenile court but before
the juvenile court conducts a transfer hearing, the district attorney may file the same or different
charges against the juvenile by direct filing of an information in the district court or by
indictment pursuant to this section. Upon the filing or indictment in the district court, the
juvenile court no longer has jurisdiction over proceedings concerning the charges.
(4) (a) After a juvenile case has been charged by direct filing of information or by an
indictment in district court, the juvenile may file in district court a motion to transfer the case to
juvenile court. The juvenile must file the motion no later than the time to request a preliminary
hearing. Upon receipt of the motion, the court shall set the reverse -transfer hearing with the
preliminary hearing. The court shall permit the district attorney to file a response to the juvenile's
motion to transfer the case to juvenile court. The district attorney shall file the response no later
than fourteen days before the reverse-transfer hearing.
(b) In determining whether the juvenile and the community would be better served by
adjudicative proceedings pursuant to this article 2.5 or by proceedings pursuant to title 16, the
court shall consider the following factors:
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(I) The seriousness of the alleged offense and whether the protection of the community
requires response or consequence beyond that afforded by this article 2.5;
(II) Whether the alleged offense was committed in an aggressive, violent, premeditated, or
willful manner;
(III) Whether the alleged offense was against persons or property, greater weight being given
to offenses against persons;
(IV) The age of the juvenile and the maturity of the juvenile, as determined by
considerations of the juvenile's home, environment, emotional attitude, and pattern of living;
(V) The juvenile's record and previous history in prior court-related matters;
(VI) The juvenile's current and past mental health status, as evidenced by relevant mental
health or psychological assessments or screenings that are made available to both the district
attorney and defense counsel;
(VII) The likelihood of the juvenile's rehabilitation by use of the sentencing options available
in the juvenile courts and district courts;
(VIII) The interest of the community in the imposition of a punishment commensurate with
the gravity of the offense;
(IX) The impact of the offense on the victim;
(X) Whether the juvenile was previously committed to the department of human services
following an adjudication for a delinquent act that constitutes a felony; and
(XI) Whether the juvenile used, or possessed and threatened the use of, a deadly weapon in
the commission of the delinquent act.
(c) If the district court determines pursuant to subsection (4)(b) of this section that the
juvenile and the community would be better served by adjudicative proceedings pursuant to this
article 2.5, the court shall enter an order directing that the offenses against the juvenile be
adjudicated in juvenile court pursuant to this article 2.5.
(5) (a) If a juvenile is convicted following the filing of criminal charges by information or
indictment in the district court pursuant to this section, the district judge shall sentence the
juvenile either:
(I) As an adult; except that a juvenile is excluded from the mandatory minimum sentencing
provisions in section 18 -1.3-406, unless the juvenile is convicted of a class 1 felony or a sex
offense that is subject to part 9 of article 1.3 of title 18; or
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(II) To the youthful offender system in the department of corrections in accordance with
section 18 -1.3-407; except that a juvenile is ineligible for sentencing to the youthful offender
system if the juvenile is convicted of:
(A) A class 1 felony;
(B) Any sexual offense described in section 18 -6-301 or 18 -6-302 or part 4 of article 3 of
title 18; or
(C) A second or subsequent offense, if the juvenile received a sentence to the department of
corrections or to the youthful offender system for the prior offense.
(b) The district court judge may sentence a juvenile pursuant to this article 2.5 if the juvenile
is convicted of a lesser included or nonenumerated felony offense for which criminal charges
could not have been originally filed by information or indictment in the district court pursuant to
this section. If the juvenile is convicted of only a misdemeanor offense or misdemeanor offenses,
the court shall adjudicate the juvenile a delinquent and sentence the juvenile pursuant to this
article 2.5.
(c) If a juvenile is convicted of an offense that is not eligible for district court jurisdiction
pursuant to either this section or section 19 -2.5-802, the juvenile must be remanded to juvenile
court.
(6) In the case of a person who is sentenced as a juvenile pursuant to subsection (5) of this
section, the following provisions apply:
(a) Section 19-2.5-1126 (1)(a), regarding mandatory sentence offenders;
(b) Section 19-2.5-1126 (1)(b), regarding repeat juvenile offenders;
(c) Section 19-2.5-1126 (1)(c), regarding violent juvenile offenders; and
(d) Sections 19-2.5-503 and 19-2.5-1127, regarding aggravated juvenile offenders.
(7) The court in its discretion may appoint a guardian ad litem for a juvenile charged by the
direct filing of an information in the district court or by indictment pursuant to this section.
(8) When a juvenile is sentenced pursuant to this article 2.5, the juvenile's conviction must be
adjudicated as a juvenile delinquency adjudication.
(9) For purposes of this section, "violent juvenile offender" has the same meaning as set forth
in section 19-2.5-1125 (3).
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 614, § 2,
effective October 1; (1) amended, (SB 21-266), ch. 423, p. 2800, § 16, effective October 1.
Colorado Revised Statutes 2026
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Editor's note: This section is similar to former § 19-2-517 as it existed prior to 2021.
ANNOTATION
Law reviews. For article, "Psychological
Considerations in Direct Filing", see 40
Colo. Law. 41 (May 2011). For article,
"New Juvenile Justice Laws Increase
Options for Youth", see 42 Colo. Law. 37
(Apr. 2013).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
District attorney may properly invoke
concurrent jurisdiction of district court
under former § 19 -1-104 (4)(b)(II) and
former § 19 -1-103 (9)(b)(II) in deciding to
proceed against a person between the ages
of 16 and 18 in district rather than juvenile
court. Myers v. Dist. Court, 184 Colo. 81,
518 P.2d 836 (1974).
Former § 19 -1-104 (4)(b)(II) (similar
provisions now found in this section) is
not an ex post facto law. Myers v. Dist.
Court, 184 Colo. 81, 518 P.2d 836 (1974).
The broad discretion granted to a
district attorney by subsection (4)(b)(II)
does not deny due process and equal
protection of the laws. Myers v. Dist.
Court, 184 Colo. 81, 518 P.2d 836 (1974).
Juvenile court had original and
exclusive jurisdiction under former § 19 -
2-104 (1)(a) in some, but not all,
proceedings concerning juveniles alleged
to have committed delinquent acts. The
former statute contained an exception for
cases for which another law limited or
removed that court's jurisdiction. It
permitted the prosecution to direct file
criminal charges against juveniles in district
court when specified criteria applied. Under
the former statute, the general assembly
established circumstances in which juvenile
defendants did not have a liberty interest in
being tried as juveniles. Therefore, due
process did not require that defendant be
notified and given an opportunity to be
heard before the district attorney direct filed
in district court. People v. Perez -Hernandez,
2013 COA 160, 348 P.3d 451 (decided under
former law).
Former § 19 -1-104 (4)(b)(II) (similar
provisions now found in this section) does
not punish a prior adjudication of
delinquency, but rather, it provides a
mechanism whereby a person between the
ages of 16 and 18 may be treated as an adult
if such person has a record of juvenile
delinquency and is alleged to have
committed a felony. Myers v. Dist. Court,
184 Colo. 81, 518 P.2d 836 (1974).
The direct file statute does not
discriminate against a juvenile in district
court based on whether it was a direct file or
transfer, so the statute does not violate the
requirement of uniform operation of laws.
Flakes v. People, 153 P.3d 427 (Colo. 2007).
The direct file statute does not violate
separation of powers. Prosecutorial
Colorado Revised Statutes 2026
Title 19 - Children's Code
-343-
discretion balanced by the district court's
sentencing discretion is not unconstitutional.
Flakes v. People, 153 P.3d 427 (Colo. 2007).
District attorney may properly invoke
concurrent jurisdiction of district court
under former § 19 -1-104 (4)(b)(II) (similar
provision now found in this section) and
former § 19 -1-103 (9)(b)(II) in deciding to
proceed against a person between the ages
of 16 and 18 in district rather than juvenile
court. Myers v. Dist. Court, 184 Colo. 81,
518 P.2d 836 (1974); People v. Thorpe, 641
P.2d 935 (Colo. 1982).
Defendant's 84 -year sentence for
nonhomicide crimes committed as a
juvenile is not an unconstitutional cruel
and unusual punishment under Graham
v. Florida, 560 U.S. 48 (2010). Defendant
will be eligible for parole when he is 57
years old and thus has a meaningful
opportunity for release during his natural
lifetime. People v. Lucero, 2013 COA 53,
410 P.3d 467, aff'd, 2017 CO 49, 394 P.3d
1128.
The U.S. supreme court's holdings in
Graham v. Florida and Miller v.
Alabama, 567 U.S. 460 (2012), do not
apply to aggregate term -of-year sentences
imposed for multiple offenses. Lucero v.
People, 2017 CO 49, 394 P.3d 1128.
Graham covers lengthy term -of-years
sentences as well as sentences designated
as life imprisonment without parole.
Rainer v. Hansen, 952 F.3d 1203 (10th Cir.
2020).
Graham's holding is limited to
offenders convicted of non -homicide
offenses. The Graham court used the term
"homicide" to refer to crimes causing the
victim's death. Rainer v. Hansen, 952 F.3d
1203 (10th Cir. 2020).
Graham therefore applies in a case
involving first -degree attempted murder
because attempted first -degree murder is
not a homicide offense in this state. Rainer
v. Hansen, 952 F.3d 1203 (10th Cir. 2020).
Probation is not an option for a juvenile
convicted of a crime of violence in adult
court as a result of either a transfer or
direct file, therefore, there is no equal
protection violation. This section states that
a juvenile convicted of a crime of violence is
not subject to the mandatory minimum
provisions in § 18 -1.3-406, but the transfer
statute, § 19 -2-518, does not contain similar
language. That difference is immaterial to
the issue of whether probation is a possible
sentence. This section does not permit a
probation sentence for a direct file juvenile,
it only excludes the juvenile from the
mandatory minimum sentence that begins at
least at the midpoint of the presumptive
range. A court can sentence the juvenile
below the midpoint of the presumptive range
but still has to sentence the juvenile to
incarceration. In a transfer case, the court
must sentence the juvenile to incarceration
starting at the midpoint of the presumptive
range. So, a juvenile convicted of a crime of
violence in adult court either as a result of a
transfer or direct file must be sentenced to
incarceration and thus is not eligible for
probation, therefore, there is no equal
protection violation. Howard v. People, 2020
CO 15, 458 P.3d 893.
The 2012 amendments do not apply
retroactively. Statutes are presumed
Colorado Revised Statutes 2026
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prospective; the 2012 amendments are not
ameliorative, amendatory legislation; and
the rule of lenity does not require retroactive
application. People v. Godinez, 2018 COA
170M, 457 P.3d 77.
Allegation of the commission of a
violent felony, and not conviction, triggers
district court's subject matter jurisdiction
under plain language of former § 19 -2-805
(1)(a)(II)(A) (now in this section). People v.
Hughes, 946 P.2d 509 (Colo. App. 1997).
Criminally negligent homicide is not an
enumerated offense for purposes of the
direct file statute. The offense is not a per
se crime of violence and merely alleging use
of a deadly weapon as part of the factual
basis does not satisfy the requirement of the
crime of violence statute. In addition, the
elements of the crime do not include the use,
possession, or threatened use of a deadly
weapon. People v. Vickers, 168 P.3d 9
(Colo. App. 2007).
For first degree burglary to be
enumerated as a crime of violence, and
thus to allow a direct filing, the
prosecution must allege that defendant used,
possessed, or threatened the use of a deadly
weapon or caused serious bodily injury.
People v. Ball, 22 P.3d 574 (Colo. App.
2001).
District attorney has sole discretion in
charging as adult or juvenile. The statutory
scheme of former § 19 -1-104 (4) (now this
section) is clear and vests the determination
whether a person shall be charged as an
adult or a juvenile solely in the discretion of
the district attorney. People v. Thorpe, 641
P.2d 935 (Colo. 1982).
Hearing not required prior to criminal
prosecution. A quasi-judicial hearing is not
required to be held by the district attorney as
a precondition to his determination that a
child 14 years of age or older alleged to
have committed a crime of violence defined
as a class 1 felony shall be prosecuted in a
criminal proceeding. People v. Thorpe, 641
P.2d 935 (Colo. 1982).
Charges involving a minor should be
resolved in adult court when the
requirements of the direct filing statute
are satisfied as to any charge. People v.
Dalton, 70 P.3d 517 (Colo. App. 2002).
The district attorney may not directly
file charges in district court where the
identical charges were initially filed in
juvenile court and a transfer hearing is
pending. J.D.C. v. Dist. Court 18th Jud.
Dist., 910 P.2d 684 (Colo. 1996) (decided
prior to amendment of § 19 -2-104 (1)(b)
specifically authorizing direct filing under
such circumstances).
Exception to juvenile court's exclusive
jurisdiction in cases where prosecution
directly files charges. Under the plain
language of subsection (2) of this section
and §§ 19 -2-104 (1)(b) and 19 -2-518 (2), a
prosecutor has discretion to proceed
charging alleged juvenile offenders who are
eligible to be charged as adults by means of
a direct filing in district court until such time
as the juvenile court actually conducts a
transfer hearing. People v. Pino, 262 P.3d
938 (Colo. App. 2011).
Because the conducting of a transfer
hearing is the only event that vests the
juvenile court with exclusive jurisdiction
Colorado Revised Statutes 2026
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and the juvenile court had not conducted a
transfer hearing before the prosecution
directly filed the information, the district
court had jurisdiction. People v. Pino, 262
P.3d 938 (Colo. App. 2011).
Additional charges must be prosecuted
in same action. When a court has
jurisdiction to entertain criminal proceedings
against a juvenile under former § 19 -1-104
(4)(b)(II), any additional charges arising out
of the same act or series of acts can and
must be prosecuted in that same action, even
though they do not rise to the seriousness of
class 3 felonies. People v. Jiminez, 651 P.2d
395 (Colo. 1982).
When a juvenile is charged in Denver
district court as a result of a direct file
and the offense that permitted the direct
file is dismissed, the Denver district court
no longer has subject matter jurisdiction
over the additional charge that was not
eligible for direct file. The Denver juvenile
court has exclusive jurisdiction over that
charge. People v. Sandoval, 2016 COA 57,
383 P.3d 92 (decided under law in effect in
2007).
Defendant's conviction in the Denver
district court, therefore, is a nullity and must
be vacated. People v. Sandoval, 2016 COA
57, 383 P.3d 92 (decided under law in effect
in 2007).
The direct file statute does not provide
for mandatory adult sentences for
unenumerated offenses. The district court
retains its discretion to sentence juveniles
found guilty of unenumerated charges as
either adults or juveniles as an exercise of its
general jurisdiction over juvenile and
criminal matters. Flakes v. People, 153 P.3d
427 (Colo. 2007); People v. Vickers, 168
P.3d 9 (Colo. App. 2007).
A district court sentencing a juvenile
found guilty of unenumerated offenses
must make a finding of why the court is
treating the juvenile as an adult or as a
juvenile and must explain the chosen
sentence. Flakes v. People, 153 P.3d 427
(Colo. 2007); People v. Vickers, 168 P.3d 9
(Colo. App. 2007).
A child under 18 may be charged with a
felony only as provided in former § 19 -1-
104 (4) (now this section). People ex rel.
Terrell v. Dist. Court, 164 Colo. 437, 435
P.2d 763 (1967); People ex rel. Rodello v.
Dist. Court, 164 Colo. 530, 436 P.2d 672
(1968); I.R. v. People, 171 Colo. 54, 464
P.2d 296 (1970); Maddox v. People, 178
Colo. 366, 497 P.2d 1263 (1972).
A minor pursuant to former § 19 -1-104
(4) (now this section) may be tried as an
adult. Romero v. Dist. Court, 178 Colo. 200,
496 P.2d 1049 (1972).
A child under 14 years of age is not
held criminally responsible for actions,
which if committed by an adult, would
constitute a felony. People ex rel. Terrell v.
Dist. Court, 164 Colo. 437, 435 P.2d 763
(1967).
Plain language of statute prior to 2006
amendment was ambiguous as to whether
a juvenile must be 14 years of age when
delinquent act occurred or when
prosecution filed charges. Based upon the
stated purpose and legislative intent, a
juvenile must have been at least 14 years of
age at time delinquent act occurred.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Bostelman v. People, 162 P.3d 686 (Colo.
2007).
District court had no jurisdiction to
proceed by direct information charging
felony against 17 -year-old. People ex rel.
Rodello v. Dist. Court, 164 Colo. 530, 436
P.2d 672 (1968).
Measuring two -year period set out in
former § 19 -2-805 (now this section). The
critical two-year period of time as set out in
former § 19 -2-805 (now this section) is
measured from the date of the previous
adjudication of delinquency to the date of
the commission of the subsequent offense,
and not from the previous adjudication to
the date of the filing of the information
charging defendant with the subsequent
offense. People v. Trujillo, 983 P.2d 124
(Colo. App. 1999).
Date child is adjudicated delinquent.
For purposes of former § 19 -1-104 (4)(b)(II)
(now this section), the date upon which one
is adjudicated a delinquent child is the date
the trial court made its written findings and
entered its judgment of delinquency. People
v. Alward, 654 P.2d 327 (Colo. App. 1982).
Juvenile court had no jurisdiction to
order the placement of a juvenile in the
custody of the department of human
services when the district court ordered that
juvenile held in county jail awaiting trial on
charges filed against the juvenile as an adult.
People v. Juvenile Court, 915 P.2d 1274
(Colo. 1996).
A trial court sentencing a juvenile on a
direct-filed charge of a violent crime
retains discretion to impose a sentence to
the department of corrections. People v.
Espinoza, 990 P.2d 1117 (Colo. App. 1999).
District court had jurisdiction to
sentence juvenile as an adult under
subsection (6)(c) of this section since the
juvenile was eligible for district court
jurisdiction under § 19 -2-518 (1)(a)(I)(B) as
a juvenile delinquent for committing a prior
felony. People v. Nelson, 2015 COA 123,
369 P.3d 733.
Subsection (8) is limited according to
the specific provisions in § 19 -1-
111(2)(a)(I) to (III). The juvenile court is
statutorily permitted to appoint a guardian
ad litem in delinquency proceedings, and
therefore in adult criminal proceedings in
the district court initiated by transfer, only
upon occurrence of one of three triggering
events: (1) No parent or enumerated person
functioning in the role of parent appears in
the case; (2) the court finds a conflict of
interest between the child and parent or
person functioning as a parent; or (3) the
court makes specific findings that the
appointment of a guardian ad litem is
necessary to serve the best interest of the
child and those findings are included in the
court's order of appointment. Ybanez v.
People, 2018 CO 16, 413 P.3d 700.
Pursuant to subsection (9), a juvenile's
conviction must be adjudicated as a
juvenile delinquency adjudication only if
the district court chooses to sentence the
juvenile to the juvenile justice system.
People v. Nelson, 2015 COA 123, 369 P.3d
733.
Subsection (4)(b) requires only that the
court "shall consider" the eleven factors
Colorado Revised Statutes 2026
Title 19 - Children's Code
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when deciding a motion for reverse
transfer to juvenile court. It is left for the
court to determine how to weigh the
evidence presented regarding each factor.
People v. Mitchell, 2024 COA 7M, 547 P.3d
412.
The court is not required to find that a
juvenile's rehabilitation is ensured before
transferring the case to juvenile court;
rather, subsection (4)(b)(VII) requires only
that the court consider "[t]he likelihood of
the juvenile's rehabilitation". A court can
properly determine that, where the alleged
offense was serious (first factor), violent
(second factor), committed against a person
(third factor), the cause of the victim's death
(ninth factor), and committed with a deadly
weapon (eleventh factor), the juvenile and
the community would be better served by
the case proceeding in the juvenile system
only if the likelihood of rehabilitation was
very high. People v. Mitchell, 2024 COA
7M, 547 P.3d 412.
Subsection (3)(b)(VI) does not
constitute a waiver of a juvenile
defendant's psychotherapist -patient
privilege. Because the proper inquiry to
determine whether there was a waiver of
privilege is whether a party injected his or
her physical or mental health condition into
the case, simply requesting a reverse -
transfer hearing does not waive the
privilege. Subsection (3)(b)(VI) only
requires that the trial court consider mental
health records "made available", that is,
voluntarily waived by the privilege holder.
People v. Johnson, 2016 CO 69, 381 P.3d
316.
Subsection (3)(b)(VI) does not give a
trial court power to order a juvenile
defendant to submit to a mental health
screening simply by virtue of the juvenile's
request for a reverse -transfer hearing.
Subsection (3)(b)(VI) requires only that the
trial court take into account "relevant mental
health or psychological assessments or
screenings that are made available to both
the district attorney and defense counsel". A
juvenile has a significant interest in the
confidentiality of both past and future
mental health records. People v. Johnson,
2016 CO 69, 381 P.3d 316.
Section does not grant juvenile
defendant the right to disclose privileged
information solely for the purposes of
reverse transfer. The reverse -transfer
hearing and the underlying claims are all
one "case" and any privilege waived in one
applies to the other. People v. Brown, 2019
CO 50, 442 P.3d 428.
The state provided inmate serving a
112-year sentence for crimes committed
when he was a juvenile with the
opportunity required by Graham v.
Florida through the combination of the
Juveniles Convicted as Adults Program and
the general parole program. Rainer v.
Hansen, 952 F.3d 1203 (10th Cir. 2020).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-348-
19-2.5-802. Transfers.
(1) (a) The juvenile court may enter an order certifying a juvenile to be held for criminal
proceedings in the district court if:
(I) A petition filed in juvenile court alleges the juvenile is:
(A) Twelve or thirteen years of age at the time of the commission of the alleged offense and
is a juvenile delinquent by virtue of having committed a delinquent act that constitutes a class 1
or class 2 felony or a crime of violence, as defined in section 18-1.3-406; or
(B) Fourteen years of age or older at the time of the commission of the alleged offense and is
a juvenile delinquent by virtue of having committed a delinquent act that constitutes a felony;
and
(II) After investigation and a hearing, the juvenile court finds it would be contrary to the best
interests of the juvenile or of the public to retain jurisdiction.
(b) A petition may be transferred from the juvenile court to the district court only after a
hearing as provided in this section.
(c) If the crime alleged to have been committed is a felony defined by section 18 -8-208, and
no other crime is alleged to have been committed and the juvenile has been adjudicated a
juvenile delinquent for a delinquent act that constitutes a class 4 or 5 felony, then the charge for
the crime may not be filed directly in the district court, but the juvenile court may transfer the
charge to the district court pursuant to subsection (1)(a) of this section.
(d) (I) If a juvenile is convicted in cases in which criminal charges are transferred to the
district court pursuant to this section, the district court judge shall sentence the juvenile either:
(A) As an adult; except that a juvenile is excluded from the mandatory minimum sentencing
provisions in section 18 -1.3-406, unless the juvenile is convicted of a class 1 felony or a sex
offense that is subject to part 9 of article 1.3 of title 18; or
(B) To the youthful offender system in the department of corrections in accordance with
section 18-1.3-407; except that a juvenile is not eligible for sentencing to the youthful offender
system if the juvenile is convicted of a class 1 felony; any sexual offense described in section 18-
6-301 or 18 -6-302, or part 4 of article 3 of title 18; or a second or subsequent offense, if the
juvenile received a sentence to the department of corrections or to the youthful offender system
for the prior offense.
(II) The district court judge may sentence a juvenile pursuant to this article 2.5 if the juvenile
is convicted of a lesser included or nonenumerated felony offense in cases in which criminal
charges are transferred to the district court pursuant to this section. If the juvenile is convicted of
only a misdemeanor offense or misdemeanor offenses, the court shall adjudicate the juvenile a
delinquent and sentence the juvenile pursuant to this article 2.5.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-349-
(III) If a juvenile is convicted of an offense that is not eligible for district court jurisdiction
pursuant to either this section or section 19 -2.5-801, the juvenile shall be remanded to juvenile
court for sentencing pursuant to this article 2.5.
(IV) In the case of a person who is sentenced as a juvenile pursuant to this subsection (1)(d),
the following provisions apply:
(A) Section 19-2.5-1126 (1)(a), regarding mandatory sentence offenders;
(B) Section 19-2.5-1126 (1)(b), regarding repeat juvenile offenders;
(C) Section 19-2.5-1126 (1)(c), regarding violent juvenile offenders; and
(D) Section 19-2.5-1127, regarding aggravated juvenile offenders.
(V) The court in its discretion may appoint a guardian ad litem for a juvenile following the
transfer of charges to the district court pursuant to this section.
(VI) When a juvenile is sentenced pursuant to this article 2.5, the juvenile's conviction shall
be adjudicated as a juvenile delinquency adjudication.
(VII) For purposes of this subsection (1)(d), "violent juvenile offender" has the same
meaning as defined in section 19-2.5-1125 (3).
(e) Whenever a juvenile under the age of fourteen years is sentenced pursuant to section 18 -
1.3-401 as provided in subsection (1)(d) of this section, the department of corrections shall
contract with the department of human services to house and provide services to the juvenile in a
facility operated by the department of human services until the juvenile reaches the age of
fourteen years. On reaching the age of fourteen years, the juvenile must be transferred to an
appropriate facility operated by the department of corrections for the completion of the juvenile's
sentence.
(2) After filing charges in the juvenile court but prior to the time that the juvenile court
conducts a transfer hearing, the district attorney may file the same or different charges against
the juvenile by direct filing of an information in the district court or by indictment pursuant to
section 19 -2.5-801. Upon the filing or indictment in the district court, the juvenile court no
longer has jurisdiction over proceedings concerning the charges.
(3) At the transfer hearing, the court shall consider:
(a) Whether there is probable cause to believe that the juvenile has committed a delinquent
act for which waiver of juvenile court jurisdiction over the juvenile and transfer to the district
court may be sought pursuant to subsection (1) of this section; and
(b) Whether the interests of the juvenile or of the community would be better served by the
juvenile court's waiving its jurisdiction over the juvenile and transferring jurisdiction over the
juvenile to the district court.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-350-
(4) (a) The hearing must be conducted as set forth in section 19 -1-106, and the court shall
make certain that the juvenile and the juvenile's parents, guardian, or legal custodian have been
fully informed of their right to be represented by counsel.
(b) In considering whether to waive juvenile court jurisdiction over the juvenile, the juvenile
court shall consider the following factors:
(I) The seriousness of the offense and whether the protection of the community requires
isolation of the juvenile beyond that afforded by juvenile facilities;
(II) Whether the alleged offense was committed in an aggressive, violent, premeditated, or
willful manner;
(III) Whether the alleged offense was against persons or property, greater weight being given
to offenses against persons;
(IV) The juvenile's maturity, as determined by considerations of the juvenile's home,
environment, emotional attitude, and pattern of living;
(V) The juvenile's record and previous history;
(VI) The likelihood of the juvenile's rehabilitation by use of facilities available to the
juvenile court;
(VII) The interest of the community in the imposition of a punishment commensurate with
the gravity of the offense;
(VIII) The impact of the offense on the victim;
(IX) Whether the juvenile was twice previously adjudicated a delinquent juvenile for
delinquent acts that constitute felonies;
(X) Whether the juvenile was previously adjudicated a juvenile delinquent for a delinquent
act that constitutes a crime of violence, as defined in section 18-1.3-406;
(XI) Whether the juvenile was previously committed to the department of human services
following an adjudication for a delinquent act that constitutes a felony;
(XII) Whether the juvenile is sixteen years of age or older at the time of the offense and the
present act constitutes a crime of violence, as defined in section 18-1.3-406;
(XIII) Whether the juvenile is sixteen years of age or older at the time of the offense and has
been twice previously adjudicated a juvenile delinquent for delinquent acts against property that
constitute felonies; and
(XIV) Whether the juvenile used, or possessed and threatened the use of, a deadly weapon in
the commission of a delinquent act.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(c) The amount of weight to be given to each of the factors listed in subsection (4)(b) of this
section is discretionary with the court; except that a record of two or more previously sustained
petitions for delinquent acts that constitute felonies or a record of two or more juvenile probation
revocations based on acts that constitute felonies establish prima facie evidence that to retain
jurisdiction in juvenile court would be contrary to the best interests of the juvenile or of the
community.
(d) The insufficiency of evidence pertaining to any one or more of the factors listed in
subsection (4)(b) of this section is not in and of itself determinative of the issue of waiver of
juvenile court jurisdiction.
(5) Written reports and other materials relating to the juvenile's mental, physical,
educational, and social history may be considered by the court, but the court, if so requested by
the juvenile, the juvenile's parent or guardian, or other interested party, shall require the person or
agency preparing the report and other material to appear and be subject to both direct and cross -
examination.
(6) (a) If the court finds that its jurisdiction over a juvenile should be waived, it shall enter an
order to that effect; except that such order of waiver is null and void if the district attorney fails
to file an information in the criminal division of the district court within five days after issuance
of the written order of waiver, exclusive of Saturdays, Sundays, and court holidays. Upon failure
of the district attorney to file an information within five days of the issuance of the written order
of waiver, exclusive of Saturdays, Sundays, and court holidays, the juvenile court shall retain
jurisdiction and shall proceed pursuant to this article 2.5.
(b) As a condition of the waiver of jurisdiction, the court in its discretion may provide that a
juvenile shall continue to be held in custody pending the filing of an information in the criminal
division of the district court. Where the juvenile has made bond in proceedings in the juvenile
court, the bond may be continued and made returnable in and transmitted to the district court,
where it must continue in full force and effect unless modified by order of the district court.
(7) If the court finds that it is in the best interests of the juvenile and of the public for the
court to retain jurisdiction, it shall proceed with the adjudicatory trial pursuant to part 9 of this
article 2.5.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 618, § 2,
effective October 1; (1)(d) R&RE, (HB 21-1091), ch. 175, p. 956, § 4, effective October 1.
Editor's note: This section is similar to former § 19-2-518 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-352-
ANNOTATION
Law reviews. For note, "The Expanding
Scope of Prosecutorial Discretion in
Charging Juveniles as Adults: A Critical
Look at People v. Thorpe", see 54 U. Colo.
L. Rev. 617 (1983). For article, "New
Juvenile Justice Laws Increase Options for
Youth", see 42 Colo. Law. 37 (Apr. 2013).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Rules of procedure governing section.
This section is governed by the rules of
juvenile procedure and by the rules of civil
procedure if there is no applicable rule of
juvenile procedure. Stroh v. Johnson, 194
Colo. 411, 572 P.2d 840 (1978).
Former § 19 -1-104 (4)(a) (now this
section) is not unconstitutional as denying
due process of law. People v. Moseley, 193
Colo. 256, 566 P.2d 331 (1977).
Former § 19 -1-104 (4)(a) does not
constitute a violation of substantive due
process nor an equal protection violation.
Statute is a valid exercise of prosecutorial
discretion and it is not unreasonable to treat
certain juvenile offenders differently from
others. People v. Hughes, 946 P.2d 509
(Colo. App. 1997).
Former § 19 -1-104 (4)(a) does not
constitute an unlawful delegation of
legislative power to the judiciary. People v.
Moseley, 193 Colo. 256, 566 P.2d 331
(1977).
Defendant's 84 -year sentence for
nonhomicide crimes committed as a
juvenile is not an unconstitutional cruel
and unusual punishment under Graham
v. Florida, 560 U.S. 48 (2010). Defendant
will be eligible for parole when he is 57
years old and thus has a meaningful
opportunity for release during his natural
lifetime. People v. Lucero, 2013 COA 53,
410 P.3d 467, aff'd, 2017 CO 49, 394 P.3d
1128.
The U.S. supreme court's holdings in
Graham v. Florida and Miller v.
Alabama, 567 U.S. 460 (2012), do not
apply to aggregate term -of-year sentences
imposed for multiple offenses. Lucero v.
People, 2017 CO 49, 394 P.3d 1128.
Jurisdiction transferable by juvenile
court. Only under certain narrowly
described circumstances may the juvenile
court in a delinquency proceeding enter an
order certifying the child to be held for
criminal proceedings in the district court.
I.R. v. People, 171 Colo. 54, 464 P.2d 296
(1970).
Subsection (1)(a)(I) does not condition
transfer eligibility on a previous
delinquency adjudication. The plain
language requires the delinquency petition
to allege that the juvenile is at least a certain
age and that the juvenile is accused of
committing an offense of at least a certain
seriousness; it does not require that the
petition allege the juvenile have been
previously adjudicated for a delinquent act.
People v. Dennel, 2022 COA 115M, 523
P.3d 471.
Discretion of court in transfer hearing.
The design of this section is to permit the
juvenile court, in case of a less serious
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felony, to determine in a transfer hearing
whether, in the best interests of the accused
juvenile, the case should be transferred to
the criminal side of the court; but in those
circumstances where a more serious felony
is charged, as set forth in former § 19 -1-104
(4)(b) (now this section), no such discretion
lies in the court to retain the case in the
juvenile side of the court when the district
attorney elects to have the case transferred
for trial as a criminal action. People v. Dist.
Court, 191 Colo. 28, 549 P.2d 1317 (1976);
People v. Thorpe, 641 P.2d 935 (Colo.
1982).
To transfer jurisdiction from juvenile
court to district court, the trial court must
determine the following: (1) Whether there
is "probable cause" to believe that the
juvenile committed the offense for which the
prosecution seeks a waiver of jurisdiction;
and (2) whether it would be contrary to the
best interests of the juvenile or the public to
retain jurisdiction over the child. People v.
Lee, 989 P.2d 777 (Colo. App. 1999).
The eight factors the court must
consider in determining the best interests
of the juvenile and public are as follows:
(1) The seriousness of the offense and
whether the protection of the community
requires isolation of the juvenile beyond that
afforded by juvenile facilities; (2) whether
the alleged offense was committed in an
aggressive, violent, premeditated, or willful
manner; (3) whether the alleged offense was
against persons or property, greater weight
being given to offenses against persons; (4)
the maturity of the juvenile as determined by
considerations of the juvenile's home,
environment, emotional attitude, and pattern
of living; (5) the record and previous history
of the juvenile; (6) the likelihood of
rehabilitation of the juvenile by use of
facilities available to the juvenile court; (7)
the interest of the community in the
imposition of a punishment commensurate
with the gravity of the offense; and (8) the
impact of the offense on the victim. People
v. Lee, 989 P.2d 777 (Colo. App. 1999).
Transfer to district court was
appropriate, even though alleged offenses
were against property rather than a
person, where the court found the
following factors: (1) The offenses were
committed in a premeditated and willful
manner; (2) defendant was more mature than
his chronological age; (3) the interest of the
community in the imposition of punishment
commensurate with the offenses supported
transfer because the school building that was
the object of the arson was important to the
community; and (4) in light of the historic
nature of the building and the risk to the
lives of the firefighters who extinguished the
blaze, the impact of the offense on the
victim was quite serious. People v. Rivera,
968 P.2d 1061 (Colo. App. 1997).
Court considers interest of child or
public. At the hearing provided for in this
section the juvenile court may consider only
whether it would be contrary to the best
interests of the child or of the public to
retain jurisdiction over the child. If the court
finds that a child should be held for criminal
proceedings in the district court, it shall
enter an order certifying that fact and
transfer the case to the district court.
Maddox v. People, 178 Colo. 366, 497 P.2d
1263 (1972).
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The test under subsection (3)(b) is
whether the interests of the juvenile or the
community would be better served by the
juvenile court's waiving its jurisdiction.
People v. Rivera, 968 P.2d 1061 (Colo. App.
1997).
Appearance waives personal service.
The voluntary appearance of juvenile's
mother and her participation in the transfer
hearing constitutes a waiver of her right to
personal service. People v. District Court,
183 Colo. 101, 515 P.2d 101 (1973).
The probable-cause phase of a transfer
hearing is equivalent to a preliminary
hearing. Thus, the case law on preliminary
hearings applies to the probable -cause phase
of transfer hearings. People v. Juvenile
Court, 813 P.2d 326 (Colo. 1991); People v.
Hayes, 923 P.2d 221 (Colo. App. 1995).
Juvenile not entitled to another
determination of probable cause. A
juvenile who was transferred to the district
court from the juvenile court, after a transfer
hearing where probable cause as to the
offenses charged was determined, was not
entitled in the district court to another
determination of probable cause in the form
of a preliminary hearing. People v. Flanigan,
189 Colo. 43, 536 P.2d 41 (1975).
Due process does not require that the
evidence supporting a transfer in a
juvenile proceeding be clear and
convincing. People in Interest of A.D.G.,
895 P.2d 1067 (Colo. App. 1994).
Nor is it necessary that the factors in
support of transfer clearly and convincingly
outweigh the factors in support of retaining
jurisdiction. People in Interest of A.D.G.,
895 P.2d 1067 (Colo. App. 1994).
Evidence sufficient to meet probable
cause standard. To meet the standard of
probable cause, the prosecution need only
present evidence sufficient to induce a
person of ordinary prudence and caution to
entertain a reasonable belief that the
defendant committed the crime. People v.
Juvenile Court, 813 P.2d 326 (Colo. 1991).
Evidence presented at transfer hearing
sufficient to justify waiver of juvenile
court jurisdiction. People in Interest of
G.A.T., 183 Colo. 111, 515 P.2d 104 (1973).
A transfer order from juvenile to
district court is not a final judgment from
which appeal lies. D.H. v. People, 192 Colo.
542, 561 P.2d 5 (1977).
It is evident from the provisions of
subsection (4) of this section and §§ 19 -3-
106 and 19 -3-109 that an order of the
juvenile division of the district court
waiving jurisdiction is not a final disposition
of the action. People in Interest of D.H., 37
Colo. App. 544, 552 P.2d 29 (1976), aff'd,
192 Colo. 542, 561 P.2d 5 (1977).
But is interlocutory in nature. A transfer
order from juvenile to district court is
interlocutory in nature and in no sense
completely determines the rights of the
parties. D.H. v. People, 192 Colo. 542, 561
P.2d 5 (1977).
Once a transfer order under subsection
(1)(a) has been entered, juvenile court has
no further jurisdiction unless district
court, in its discretion, chooses to remand
case to juvenile court for disposition.
Colorado Revised Statutes 2026
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People v. Armand, 873 P.2d 7 (Colo. App.
1993).
The district attorney may not directly
file charges in district court where the
identical charges were initially filed in
juvenile court and a transfer hearing is
pending. J.D.C. v. Dist. Court 18th Jud.
Dist., 910 P.2d 684 (Colo. 1996) (decided
prior to amendment of § 19 -2-104 (1)(b)
specifically authorizing direct filing under
such circumstances).
Exception to juvenile court's exclusive
jurisdiction in cases where prosecution
directly files charges. Under the plain
language of subsection (2) of this section
and §§ 19 -2-104 (1)(b) and 19 -2-517 (2), a
prosecutor has discretion to proceed
charging alleged juvenile offenders who are
eligible to be charged as adults by means of
a direct filing in district court until such time
as the juvenile court actually conducts a
transfer hearing. People v. Pino, 262 P.3d
938 (Colo. App. 2011).
Because the conducting of a transfer
hearing is the only event that vests the
juvenile court with exclusive jurisdiction
and the juvenile court had not conducted a
transfer hearing before the prosecution
directly filed the information, the district
court had jurisdiction. People v. Pino, 262
P.3d 938 (Colo. App. 2011).
Whenever a juvenile court elects to
waive jurisdiction over a child and
certifies child to the criminal jurisdiction
of a district court, the district court retains
jurisdiction over the child, and it may
properly impose sentence for any resulting
felony convictions. Although this section
grants the district court the power to dispose
of the case as would a juvenile court, or to
remand the case to the juvenile court for
disposition, the decision to do so is within
the discretion of the district court. People v.
Hernandez, 690 P.2d 263 (Colo. App. 1984).
Trial court did not abuse its discretion
in transferring jurisdiction of a case from
juvenile court to district court despite
defendant's arguments that he was not 16
years old at the time of alleged offense, that
he had been previously adjudicated a
delinquent on only one occasion, and that he
had not been previously committed to
department of institutions or been
adjudicated for any crime of violence. The
court properly relied on the fact that
defendant had been in juvenile system for
offenses involving sexual aggression, that he
appeared to pose a threat to children, that he
was on probation at the time of present
offense, and that alleged offense was a
serious one. People v. Armand, 873 P.2d 7
(Colo. App. 1993).
Abuse of juvenile court's discretion.
Juvenile court abused its discretion during
the transfer hearing by finding sua sponte
that there was probable cause to support the
lesser-included offense of attempt to commit
manslaughter rather than attempt to commit
first degree murder as charged by the
people. People v. Juvenile Court, 813 P.2d
326 (Colo. 1991).
Under subsection (1)(d)(I), the court
may sentence a defendant as an adult or, in
its discretion, as a juvenile or remand the
case to juvenile court unless the individual
falls within one of the classifications of
juveniles who must be sentenced as adults.
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Title 19 - Children's Code
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People v. Rivera, 968 P.2d 1061 (Colo. App.
1997).
Subsection (1)(d)(1) requires that a
juvenile who is convicted of a crime of
violence be sentenced pursuant to § 18 -1-
105. Because assault in the second degree
under § 18 -3-203 (1)(g) is a per se crime of
violence under § 16 -11-309, defendant's
conviction under that statute is considered a
conviction for a crime of violence and
therefore the court had no discretion to
impose a juvenile disposition but, rather,
was required to impose sentence under § 18 -
1-105 (9) and (9.7). People v. Lee, 989 P.2d
777 (Colo. App. 1999).
Applied in People v. Dist. Court, 199
Colo. 197, 606 P.2d 450 (1980); People v.
Thorpe, 641 P.2d 935 (Colo. 1982); People
v. Zamora, 13 P.3d 813 (Colo. App. 2000);
People v. Hoang, 13 P.3d 819 (Colo. App.
2000).
PART 9
ADJUDICATORY PROCEEDINGS
19-2.5-901. Informal adjustment.
(1) The district attorney may request of the court at any time, either before, during, or after
the filing of a petition, that the matter be handled as an informal adjustment if:
(a) The juvenile and the juvenile's parents, guardian, or legal custodian have been informed
of their constitutional and legal rights, including the right to have counsel at every stage of the
proceedings;
(b) There are sufficient facts to establish the court's jurisdiction; and
(c) The juvenile and the juvenile's parents, guardian, or legal custodian have waived the right
to a speedy trial.
(2) An informal adjustment must be for an initial period of no longer than six months. One
additional extension of up to six months may be ordered by the court upon showing of good
cause.
(3) During any informal adjustment, the court may place the juvenile under the supervision
of the probation department or other designated agency. The court may require further conditions
of conduct, as requested by the district attorney, probation department, or designated agency.
(4) A juvenile shall not be granted an informal adjustment if the juvenile has been
adjudicated a juvenile delinquent within the preceding twelve months, has had a prior deferred
adjudication, or has had an informal adjustment granted within the preceding twelve months.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-357-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 622, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-703 as it existed prior to 2021.
19-2.5-902. Entry of plea.
(1) Upon the entry of a plea of not guilty to the allegations contained in the petition, the
court shall set the matter for an adjudicatory trial. Except as set forth in section 19 -2.5-610, the
court shall hold the adjudicatory trial within sixty days after the entry of a plea of not guilty.
(2) Upon the entry of a plea of guilty to one or more of the allegations contained in the
petition, the court shall advise the juvenile in accordance with rule 3 of the Colorado rules of
juvenile procedure. The advisement must include the possibility of restorative justice practices,
including victim -offender conferences if restorative justice practices are available in the
jurisdiction. The advisement regarding restorative justice practices does not establish any right to
restorative justice practices on the juvenile's behalf.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 622, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-708 as it existed prior to 2021.
ANNOTATION
Failure to request dismissal on speedy
trial grounds before the beginning of
adjudicatory trial will result in the waiver
of speedy trial rights under this section.
People ex rel. J.M.N., 39 P.3d 1261 (Colo.
App. 2001) (decided under former law).
19-2.5-903. Deferral of adjudication.
(1) Except as set forth in subsection (2) of this section, in any case in which the juvenile has
agreed with the district attorney to enter a plea of guilty, the court, with the consent of the
juvenile and the district attorney, upon accepting the guilty plea and entering an order deferring
adjudication, may continue the case for a period not to exceed one year after the date of entry of
Colorado Revised Statutes 2026
Title 19 - Children's Code
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the order deferring adjudication. The court may continue the case for an additional one -year
period for good cause.
(2) In a case in which the juvenile has agreed with the district attorney to enter a plea of
guilty, resulting in a conviction, as defined in section 16 -22-102 (3), for unlawful sexual
behavior, as defined in section 16 -22-102 (9), the court, with the consent of the juvenile and
district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may
continue the case for a period of time not to exceed two years after the date of the order deferring
adjudication. Upon a showing of good cause, the court may continue the case for additional time,
not to exceed five years after the date of the order deferring adjudication.
(3) A juvenile granted a deferral of adjudication pursuant to this section may be placed under
the supervision of a probation department. The court may impose any conditions of supervision
that it deems appropriate that are stipulated to by the juvenile and the district attorney.
(4) Upon full compliance with the conditions of supervision, the plea of the juvenile or the
finding of guilt by the court must be withdrawn and the case dismissed with prejudice.
(5) The district attorney or a probation officer may make an application for entry of
adjudication and imposition of sentence at any time within the term of the deferred adjudication
or within thirty-five days thereafter.
(6) If the juvenile fails to comply with the terms of supervision, the court shall enter an order
of adjudication and proceed to sentencing pursuant to section 19-2.5-1102. Lack of compliance is
a matter to be determined by the court without a jury, upon written application of the district
attorney or probation department. At least seven days' notice must be given to the juvenile and
the juvenile's parents, guardian, or legal custodian. The burden of proof is the same as if the
matter were being heard as a probation revocation proceeding.
(7) If the juvenile agrees to a deferral of adjudication, the juvenile waives all rights to a
speedy trial and sentencing.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 622, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-709 as it existed prior to 2021.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-359-
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Subsection (1) unambiguously
conditions the trial court's power to defer
a juvenile's sentence upon the
concurrence of the prosecuting attorney.
People in Interest of R.W.V ., 942 P.2d 1317
(Colo. App. 1997).
Requirement for prosecution's approval of
a deferred sentence does not impermissibly
interfere with the judiciary's sentencing
authority. People in Interest of R.W.V ., 942
P.2d 1317 (Colo. App. 1997).
This section does not require the court
to wait until the end of the first year of
deferred adjudication to extend the
deferred adjudication for a second year.
The court can extend the period to two years
at the time it enters the guilty plea. People
ex rel. D.S., 2012 COA 199, 292 P.3d 1210
(decided under law in effect prior to 2012
amendment).
This section does not require the court
to expressly state it found good cause to
extend the period of deferred
adjudication, but the court needs to make
sufficient findings on the record to reflect
its good cause determination. The court's
findings were sufficient to establish good
cause. People ex rel. D.S., 2012 COA 199,
292 P.3d 1210 (decided under law in effect
prior to 2012 amendment).
19-2.5-904. Speedy trial - procedural schedule.
(1) The juvenile's right to a speedy trial is governed by section 18-1-405 and rule 48(b) of the
Colorado rules of criminal procedure.
(2) In bringing an adjudicatory action against a juvenile pursuant to this article 2.5, the
district attorney and the court shall comply with the deadlines for:
(a) Holding the detention hearing, as specified in section 19-2.5-305 (3)(a)(I);
(b) Filing the petition, as specified in section 19-2.5-305 (3)(a)(IX);
(c) Setting the first appearance, as specified in section 19-2.5-501 (4); and
(d) Holding the adjudicatory trial, as specified in section 19-2.5-902 (1).
(3) The court may grant a continuance with regard to any of the deadlines specified in
subsection (2) of this section upon making a finding of good cause.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 623, § 2,
effective October 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-360-
Editor's note: This section is similar to former § 19-2-108 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This section incorporates the speedy
trial tolling and enforcement provisions of
§ 18 -1-405, at least to the extent that those
provisions are not inconsistent with the more
specific 60 -day and "good cause"
continuance provisions of this section.
People ex rel. J.M.N., 39 P.3d 1261 (Colo.
App. 2001).
Since a juvenile's right to speedy trial is
governed by § 18 -1-405, the right is
waived when the juvenile, through
counsel, affirmatively accepts a trial date
beyond the 60 -day period provided in §
19-2-509 when the juvenile is detained
without bail. People in Interest of G.W.R.,
943 P.2d 466 (Colo. App. 1996).
A court must consider the factors set
forth in § 18-1-405 (6)(g) when ruling on a
prosecutor's request in a juvenile
adjudicatory action to continue the trial
past the speedy trial deadline without the
juvenile's consent. People in Interest of
C.M.W.R., 2024 COA 4, 546 P.3d 1191.
19-2.5-905. Evidentiary considerations.
(1) All statutes and rules of this state that apply to evidentiary considerations in adult
criminal proceedings apply to proceedings pursuant to this title 19 except as otherwise
specifically provided.
(2) In any case brought pursuant to this title 19, the credibility of any witness may be
challenged because of the witness's prior adult felony convictions and juvenile felony
adjudications. The fact of such conviction or adjudication may be proved either by the witness
through testimony or by other competent evidence.
(3) Prior to the juvenile resting the juvenile's case, the trial court shall advise the juvenile
outside the presence of the jury that:
(a) The juvenile has a right to testify in the juvenile's own behalf;
(b) If the juvenile wants to testify, no one, including the juvenile's attorney, can prevent the
juvenile from doing so;
(c) If the juvenile testifies, the prosecutor will be allowed to cross-examine the juvenile;
(d) If the juvenile has been convicted or adjudicated for a felony, the prosecutor is entitled to
ask the juvenile about it and thereby disclose it to the jury;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(e) If a felony conviction or adjudication is disclosed to the jury, the jury can be instructed to
consider it only as it bears upon the juvenile's credibility;
(f) The juvenile has a right not to testify and that, if the juvenile does not testify, the jury
must be instructed about such right.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 624, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-802 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include a case decided under
former provisions similar to this section.
Evidentiary provisions of the Colorado
Children's Code are no longer applicable
once case is transferred to district court.
Trial court erred in ruling that if defendant
were to testify in his own defense in district
court, his prior juvenile adjudication may be
used to impeach him. People v. Armand, 873
P.2d 7 (Colo. App. 1993).
Serious constitutional concerns would
result if district court were to apply the
provisions of the Colorado Children's
Code to a case that was first initiated
under the code and then transferred to
district court. Adult could not be
impeached with a juvenile adjudication but
juvenile tried as an adult could. People v.
Armand, 873 P.2d 7 (Colo. App. 1993).
The provisions of the Colorado Code of
Criminal Procedure, articles 1 to 13 of
title 16, do not apply to the Colorado
Children's Code unless expressly
indicated in the Criminal Procedure
Code. This section does not conflict with §
16-1-102. In re People in Interest of A.A.,
2013 CO 65, 312 P.3d 1170.
19-2.5-906. Admissibility of evidence - legislative declaration - definitions.
(1) It is the intent of the general assembly that, when evidence is sought to be excluded from
the trier of fact in a delinquency proceeding because of the conduct of a peace officer leading to
its discovery, such evidence should not be suppressed if otherwise admissible when the
proponent of the evidence can show that the conduct in question was taken in a reasonable,
good-faith belief that it was proper. It is further declared to be the general assembly's intent to
identify the characteristics of admissible evidence and not to address or attempt to prescribe
court procedure.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-362-
(2) For purposes of this section:
(a) "Good -faith mistake" means a reasonable error of judgment concerning the existence of
facts or law that, if true, would be sufficient to constitute probable cause.
(b) "Peace officer" has the meaning set forth in section 16-2.5-101.
(c) "Technical violation" means a reasonable, good -faith reliance upon a statute that is later
ruled unconstitutional, a warrant that is later invalidated due to a good -faith mistake, or a court
precedent that is later overruled.
(3) The court shall not suppress evidence sought to be excluded in a delinquency proceeding
because of the conduct of the peace officer leading to its discovery if the court finds that the
evidence was seized by the peace officer as a result of a good -faith mistake or a technical
violation and the evidence is otherwise admissible.
(4) The court shall not supress in a delinquency proceeding evidence that is obtained as a
result of a confession voluntarily made in a noncustodial setting if the evidence is otherwise
admissible.
(5) It is prima facie evidence that the conduct of the peace officer was taken in the
reasonable good -faith belief that it was proper if there is a showing that the evidence was
obtained pursuant to and within the scope of a warrant, unless the warrant was obtained through
intentional and material misrepresentation.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 624, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-803 as it existed prior to 2021.
ANNOTATION
Former subsection (4) of this section
and former § 19-2-506 contain proper test
to measure validity of consent to search
given by juvenile in noncustodial setting.
People in Interest of S.J., 778 P.2d 1384
(Colo. 1989) (decided under former law).
19-2.5-907. Procedures at trial.
(1) At the adjudicatory trial, that must be conducted pursuant to section 19 -1-106, the court
shall consider whether the allegations of the petition are supported by evidence beyond a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-363-
reasonable doubt. Jurisdictional matters of the age and residence of the juvenile are deemed
admitted by or on behalf of the juvenile unless specifically denied within a reasonable time prior
to the trial.
(2) If the juvenile is found not guilty after an adjudicatory trial, the court shall order the
petition dismissed and the juvenile discharged from any detention or restriction previously
ordered. The juvenile's parents, guardian, or other legal custodian are also discharged from any
restriction or other previous temporary order.
(3) If the juvenile is found guilty after an adjudicatory trial, the court may proceed to
sentencing or direct that the matter be set for a separate sentencing hearing within forty -nine
days following completion of the adjudicatory trial.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 625, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-804 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Although proceedings under the
Colorado Children's Code are civil in
nature, a respondent child in such
proceedings is entitled to certain of the
constitutional safeguards which are afforded
in criminal prosecutions. People in Interest
of G.D.K. v. G.D.K., 30 Colo. App. 54, 491
P.2d 81 (1971).
Child who is subject of petition for
adjudication as delinquent is entitled to
constitutional protections afforded adult
defendant in criminal case. In re People in
Interest of B.M.C., 32 Colo. App. 79, 506
P.2d 409 (1973).
Term "order of adjudication" refers
only to orders by which a child is decreed to
be delinquent, in need of supervision, or
neglected or dependent and does not include
orders for revocation of probation. People in
Interest of B.L.M. v. B.L.M., 31 Colo. App.
106, 500 P.2d 146 (1972).
C.R.J.P. 8(e) not superceded. This
special statutory procedure for waiving
jurisdiction of the juvenile court does not
supercede C.R.J.P. 8(e). People v. Dist.
Court, 199 Colo. 197, 606 P.2d 450 (1980).
Waiver of jurisdiction not final
disposition of action. It is evident from the
provisions of this section and §§ 19 -3-108
(4) and 19 -3-109 that an order of the
juvenile division of the district court
waiving jurisdiction is not a final disposition
Colorado Revised Statutes 2026
Title 19 - Children's Code
-364-
of the action. People in Interest of D.H., 37
Colo. App. 544, 552 P.2d 29 (1976), aff'd,
192 Colo. 542, 561 P.2d 5 (1977).
When proof beyond reasonable doubt
required. Due process and fair treatment
require proof beyond a reasonable doubt
during the adjudicatory state when a juvenile
is charged with an act which would
constitute a crime if committed by an adult.
D.W. v. Dist. Court, 193 Colo. 194, 564 P.2d
949 (1976).
Right of alleged delinquent to testify as
to criminal intent. Where intent is a
material element of the crime charged, a
child alleged to be delinquent, grounded on
an alleged theft, has the right to testify
specifically as to intention in the
commission of the acts. People in Interest of
J.S.C. v. J.S.C., 30 Colo. App. 381, 493 P.2d
671 (1972).
Court may continue adjudicatory
hearing without making an adjudication
and may impose certain conditions of
conduct under this section, as distinguished
from probation under § 19 -3-113 (former §
19-2-703). People in Interest of F.D., 735
P.2d 496 (Colo. App. 1987).
An adjudication of delinquency is
sufficient to establish a conclusive
presumption of intent when intent is an
element of the offense, because the
adjudication requires a higher burden of
proof and provides constitutional protections
not available in most civil cases.
Swentkowski v. Dawson, 881 P.2d 437
(Colo. App. 1994).
The standards for reviewing the
sufficiency of evidence supporting a
judgment of juvenile delinquency are the
same as those applied in a criminal case.
The reviewing court must determine
whether the evidence, viewed as a whole
and in the light most favorable to the
prosecution, is sufficient to support a
conclusion by a reasonable person that the
defendant is guilty of the crime charged
beyond a reasonable doubt. People ex rel.
J.M.N., 39 P.3d 1261 (Colo. App. 2001);
People ex rel. P.C., 80 P.3d 942 (Colo. App.
2003).
Evidence held sufficient. In a proceeding
to declare children delinquent, evidence held
legally sufficient to warrant a finding that
the children were delinquent. Kahm v.
People, 83 Colo. 300, 264 P. 718 (1928).
Evidence held insufficient. Evidence
held clearly insufficient to support court's
finding that minor was a "delinquent child".
Carmean v. People, 110 Colo. 399, 134 P.2d
1056 (1943).
Where a minor child aged 16 was alleged
to be a delinquent, grounded on the
allegation that he had committed an assault
and battery, but at the close of the evidence
presented by the people, the court ruled that
the evidence presented was not sufficient to
sustain the allegations of the petition and
entered a judgment of acquittal, on appeal
by the people it was held that the case was
moot. The minor had been acquitted of the
charge contained in the petition and could
not again be put in jeopardy for this offense.
People in Interest of G.D.K. v. G.D.K., 30
Colo. App. 54, 491 P.2d 81 (1971).
A minute order can be effective as a
written order or judgment when the
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parties to an action attend a hearing
concerning the subject matter of the order
and understand the substantive content of
the decision represented by the minute order.
Wesson v. Bowling, 199 Colo. 30, 604 P.2d
23 (1979); People v. Easter, 914 P.2d 493
(Colo. App. 1995).
Under the plain language of subsection
(6)(a), a written order would include any
direction of the court reduced to written
form such as a written directive for transfer
to the adult court and assigning a criminal
action number to the case. People v. Easter,
914 P.2d 493 (Colo. App. 1995).
The written minute order waiving
juvenile court jurisdiction triggered the
requirement for the prosecution to file an
information in district court within five
days of the issuance of the order and, since
the time limit is mandatory and
jurisdictional, the prosecution's failure to file
an information within that time limit
rendered the waiver null and void and the
juvenile court was required to retain
jurisdiction. People v. Easter, 914 P.2d 493
(Colo. App. 1995).
The later issuance of a second written
order by the juvenile court judge cannot
correct the prosecution's failure initially
to file the information and is not permitted
under the mandatory language of subsection
(6)(a). People v. Easter, 914 P.2d 493 (Colo.
App. 1995).
19-2.5-908. Method of jury selection.
Examination and selection of jurors are governed by rule 47 of the Colorado rules of civil
procedure; except that challenges for cause are governed by rule 24 of the Colorado rules of
criminal procedure.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 625, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-805 as it existed prior to 2021.
19-2.5-909. Motion for new trial.
(1) All motions for a new trial must be made pursuant to rule 33 of the Colorado rules of
criminal procedure.
(2) If the juvenile was not represented by counsel, the court shall inform the juvenile and the
juvenile's parent, guardian, or legal custodian at the conclusion of the trial that they have the
right to file a motion for a new trial and that, if such motion is denied, they have the right to
appeal.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 626, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-902 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Standing to appear. The Colorado
Children's Code has not changed the basic
law of the state that a grandparent to whom
the child has been entrusted for care has
status to appear and protest the actions of the
court relative to the child. C.B. v. People in
Interest of J.T.B., 30 Colo. App. 269, 493
P.2d 691 (1971).
Petition for new trial proper. In a
proceeding under the Colorado Children's
Code, where it was argued that the petition
for new trial and demand for jury trial were
filed too late, and thus were not in
accordance with C.R.C.P. 59(b), this
argument was rejected since according to the
record there had never been any trial held or
evidence presented in support of the
dependency petition, and hence, no violation
of C.R.C.P. 59(b) could have occurred. C.B.
v. People in Interest of J.T.B., 30 Colo. App.
269, 493 P.2d 691 (1971).
Failure to move for a new hearing
pursuant to this section does not preclude
consideration as to whether an illegal
sentence has been imposed pursuant to
Crim. P. 35(a). People v. T.O., 696 P.2d 811
(Colo. 1985).
19-2.5-910. Adjudication - collateral relief - application - definitions.
(1) At the time of the entry of adjudication or at any time thereafter, upon the request of the
adjudicated juvenile or upon the court's own motion, a court may enter an order of collateral
relief in the juvenile's case for the purpose of improving the juvenile's likelihood of success in
the community.
(2) Application contents.
(a) An application for an order of collateral relief must cite the grounds for granting the
relief, the type of relief sought, and the specific collateral consequence from which the applicant
is seeking relief and must include a copy of a recent criminal history record check. The state
court administrator may produce an application form that an applicant may submit in application.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(b) The applicant shall provide a copy of the application to the district attorney and to the
regulatory or licensing body that has jurisdiction over the collateral consequence from which the
applicant is seeking relief, if any, by certified mail or personal service within fourteen days after
filing the application with the court.
(c) An application filed after an adjudication order has been entered must include a copy of a
recent Colorado bureau of investigation fingerprint -based criminal history record check, the
filing fee required by law, and an additional filing fee of thirty dollars to cover the actual costs
related to the application. A court shall waive the filing fees if it finds that the juvenile is
indigent.
(3) An order of collateral relief may relieve an adjudicated juvenile of any collateral
consequences of the adjudication, whether in housing or employment barriers or any other
sanction or disqualification that the court shall specify, including but not limited to statutory,
regulatory, or other collateral consequences that the court may see fit to relieve that will assist
the adjudicated juvenile in successfully reintegrating into the community.
(4) (a) Notwithstanding any other provision of law, an order of collateral relief cannot relieve
any collateral consequences imposed by law for licensure by the department of education or any
collateral consequences imposed by law for employment with the judicial branch, the department
of corrections, the division of youth services in the department of human services, or any other
law enforcement agency in the state of Colorado.
(b) A court shall not issue an order of collateral relief if the adjudicated juvenile:
(I) Has been adjudicated for a felony that included an element that requires a victim to suffer
a serious bodily injury and the victim suffered a permanent impairment of the function of any
part or organ of the body;
(II) Has been adjudicated for a crime of violence as described in section 18-1.3-406; or
(III) Is required to register as a sex offender pursuant to section 16-22-103.
(5) Hearing.
(a) The court may conduct a hearing on any matter relevant to the granting or denying of an
application or include a hearing on the matter at the adjudicated juvenile's sentencing hearing and
may take testimony under oath.
(b) The court may hear testimony from victims or any proponent or opponent of the
application and may hear arguments from the applicant and the district attorney.
(6) Standard for granting relief.
(a) A court may issue an order of collateral relief if the court finds that:
(I) The order of collateral relief is consistent with the applicant's rehabilitation; and
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(II) Granting the application would improve the applicant's likelihood of success in
reintegrating into society and is in the public's interest.
(b) The court that previously issued an order of collateral relief, on its own motion or either
by cause shown by the district attorney or on grounds offered by the applicant, may at any time
issue a subsequent judgment to enlarge, limit, or circumscribe the relief previously granted.
(c) Upon the motion of the district attorney or probation officer or upon the court's own
motion, a court may revoke an order of collateral relief upon evidence of a subsequent criminal
conviction or adjudication or proof that the adjudicated juvenile is no longer entitled to relief.
Any bars, prohibitions, sanctions, and disqualifications relieved may be reinstated as of the date
of the written order of revocation. The court shall provide a copy of the order of revocation to the
holder and to any regulatory or licensing entity that the adjudicated juvenile noticed in the
juvenile's motion for relief.
(7) If the court issues an order of collateral relief, it shall send a copy of the order of
collateral relief through the Colorado integrated criminal justice information system to the
Colorado bureau of investigation, and the Colorado bureau of investigation shall note in the
applicant's record in the Colorado crime information center that the order of collateral relief was
issued.
(8) Definitions. As used in this section, unless the context otherwise requires:
(a) "Adjudication" or "adjudicated" means a verdict of guilty by a judge or jury or a plea of
guilty or nolo contendere that is accepted by the court or an adjudication for a crime under the
laws of any other state, the United States, or any territory subject to the jurisdiction of the United
States, which, if committed within this state, would be a crime. "Adjudication" or "adjudicated"
also includes having received a deferred adjudication.
(b) "Collateral consequence" means a collateral sanction or a disqualification.
(c) "Collateral sanction" means a penalty, prohibition, bar, or disadvantage, however
denominated, imposed on an individual as a result of the individual's adjudication for an offense,
which penalty, prohibition, bar, or disadvantage applies by operation of law regardless of
whether the penalty, prohibition, bar, or disadvantage is included in the judgment or sentence.
"Collateral sanction" does not include imprisonment, probation, parole, supervised release,
forfeiture, restitution, fine, assessment, costs of prosecution, or a restraint or sanction on an
individual's driving privilege.
(d) "Disqualification" means a penalty, prohibition, bar, or disadvantage, however
denominated, that an administrative agency, governmental official, or court in a civil proceeding
is authorized, but not required, to impose on an individual on grounds relating to the individual's
adjudication for an offense.
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(9) The provisions of this section apply to adjudications entered before, on, or after
September 7, 2021.
Source: L. 2021: (9) added, (HB 21-1214), ch. 455, p. 3029, § 2, effective September 7; entire
article added with relocations, (SB 21-059), ch. 136, p. 626, § 2, effective October 1.
Editor's note: (1) This section is similar to former § 19-2-927 as it existed prior to 2021.
(2) Subsection (9) was numbered as 19 -2-927 (9) in HB 21 -1214 (see L. 2021, p. 3029). That
provision was harmonized with subsection (9) of this section as it appears in SB 21-059.
PART 10
TEEN COURTS
19-2.5-1001. Short title.
The short title of this part 10 is the "Colorado Teen Court Program".
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 628, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1101 as it existed prior to 2021.
19-2.5-1002. Definitions.
As used in this part 10, unless the context otherwise requires:
(1) "Minor offense" means any offense denominated a misdemeanor in title 18 or violation
of a municipal ordinance where the maximum penalty authorized does not exceed imprisonment
for more than six months.
(2) "Supervising court" means the juvenile court for the city and county of Denver, the
district courts of the state other than that of Denver, and any municipal court that establishes a
teen court program pursuant to this part 10.
(3) "Teen" means any person thirteen years of age or older and under nineteen years of age
who is enrolled in school.
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(4) "Teen court judge" means a volunteer, licensed to practice law in the state of Colorado,
approved by and serving at the pleasure of the chief judge of the supervising court.
(5) "Teen defendant" means a teen ordered to participate in a teen court program pursuant to
this part 10.
(6) "Teen defense attorney" means a teen who is chosen by a teen court judge to speak on
behalf of a teen defendant.
(7) "Teen jury" means not less than three teens who have been chosen by a teen court judge
to decide what sentence should be imposed against a teen defendant.
(8) "Teen prosecutor" means a teen who has been chosen by a teen court judge to advocate
on behalf of a school or community for any sentence to be imposed.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 628, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1102 as it existed prior to 2021.
19-2.5-1003. Teen court program - supervising courts.
(1) Any supervising court is authorized to establish a teen court program pursuant to the this
part 10. In any jurisdiction where a teen court program is established, a teen charged with a
minor offense may receive a deferred judgment, a condition of which is successful participation
in the teen court program.
(2) The procedure for determining the eligibility for and imposition of the deferred judgment
is as follows:
(a) The teen, in the presence of at least one of the teen's parents or legal guardian, enters a
plea of guilty to the minor offense charged;
(b) The teen requests to participate in the teen court program, agrees to the deferral of further
proceedings in the supervising court for a period of six months or until the teen has successfully
completed the teen court program, and provides the court with addresses for mailing notices to
both the teen and the teen's parent or legal guardian;
(c) The supervising court finds that the teen will benefit more from participation in the teen
court program than from any other sentence that may be imposed;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(d) The supervising court may accept the teen's plea, order that the teen participate in the
teen court program, and defer further proceedings in the supervising court for up to six months;
and
(e) In addition to ordering the teen to participate in the teen court program, the supervising
court may enter an order that the teen pay any restitution otherwise authorized by law.
(3) If the supervising court receives a report from the teen court judge that the teen has not
successfully completed the teen court program, or if within six months after the entry of the
order for deferred judgment the supervising court has not received a report that the teen has
successfully completed the teen court program, the court shall schedule a sentencing hearing,
send notice to the teen and the teen's parent or legal guardian at the addresses given at the time of
the order for deferred judgment or any changed address, and at the sentencing hearing impose
any other sentence authorized for the offense charged.
(4) If the supervising court receives a report from the teen court judge that the teen has
successfully completed the teen court program, the court shall dismiss all charges against the
teen. The dismissal does not constitute a conviction for any purpose.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 629, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1103 as it existed prior to 2021.
19-2.5-1004. Procedures - hearings.
(1) Subject to any applicable rules of the Colorado supreme court, the supervising court is
responsible for establishing procedures for any teen court program under its jurisdiction,
including but not limited to:
(a) The use of its courtroom and other facilities during times when they are not required for
other court business;
(b) The approval of teen court judges;
(c) The collection of a fee from any teen defendant; and
(d) The range of sentencing options that may be imposed upon a teen defendant. Sentencing
options must not include a term of imprisonment nor the payment of restitution, but may include:
(I) Community service supervised by the supervising court;
Colorado Revised Statutes 2026
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(II) Participation in law -related education classes, counseling, treatment, or other programs;
or
(III) Participation as a juror or other teen court member in proceedings involving teen
defendants.
(2) Whenever a teen, as a condition of a deferred judgment, is ordered to participate in a teen
court program, the teen and the teen's parent or legal guardian must be ordered to appear at a teen
court sentencing hearing. The teen court judge shall preside over the sentencing hearing. The
teen defendant may represent himself or herself or be represented by a teen defense attorney. The
following procedures must be followed at the teen court sentencing hearing:
(a) The teen court judge shall select a teen jury;
(b) The teen prosecutor and either the teen defendant or teen defense attorney may question
the jury on their knowledge of the defendant or the facts of the offense for which the teen
defendant was charged;
(c) The teen court judge may order that a teen juror be replaced if the judge finds that the
juror may be biased;
(d) The teen prosecutor and either the teen defendant or teen defense attorney may make an
opening statement;
(e) The teen defendant is subject to cross -examination by the teen prosecutor concerning the
circumstances or facts surrounding the offense or the character of the teen defendant and may
either make a statement or be subject to direct examination by the teen defense attorney;
(f) Each side may offer witnesses and documents concerning the circumstances or facts
surrounding the offense or the character of the teen defendant;
(g) The teen prosecutor and either the teen defendant or teen defense attorney may make a
closing statement;
(h) Unless otherwise ordered by the teen court judge, the teen jury shall deliberate in private
and shall unanimously agree upon the sentence to be imposed against the teen defendant,
pursuant to guidelines adopted by the court; and
(i) If the jury is unable to unanimously agree on a sentence, then the teen court judge shall
impose the sentence, pursuant to guidelines adopted by the court.
(3) The teen court judge shall enter a written order that:
(a) Orders the teen defendant to complete the sentence imposed by the teen jury;
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Title 19 - Children's Code
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(b) Orders the teen defendant to submit a written report to the teen court judge within three
months after the sentencing hearing showing satisfactory completion of the terms of the
sentence; and
(c) Notifies the teen defendant that if the teen court judge does not receive the written report
within the time required, the teen court judge shall file with the supervising court a report stating
that the teen defendant has not satisfactorily completed the teen court program.
(4) Within six months after the order for deferred judgment, the teen court judge shall file a
written report with the supervising court notifying the court whether the teen defendant has
satisfactorily completed the teen court program.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 629, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1104 as it existed prior to 2021.
19-2.5-1005. Alternative procedures.
Nothing contained in this part 10 impairs the authority of courts to adopt different or
alternative procedures for the establishment and operation of teen court programs within their
respective jurisdictions.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 631, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1105 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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PART 11
SENTENCING
SUBPART A
IN GENERAL
19-2.5-1101. Presentence investigation.
(1) (a) Prior to the sentencing hearing, juvenile probation for the judicial district in which the
juvenile is adjudicated shall conduct a presentence investigation unless waived by the court on its
own determination or on recommendation of the prosecution or the juvenile. The presentence
investigation must take into consideration and build on the intake assessment performed by the
screening team. The presentence investigation may address, but is not limited to, the following:
(I) The details of the offense;
(II) Statements made by the victims of the offense;
(III) The amount of restitution, if any, that should be imposed on the juvenile or the
juvenile's parent, guardian, or legal custodian;
(IV) The juvenile's previous criminal record, if any, if the juvenile has not been adjudicated
for an act that constitutes unlawful sexual behavior as defined in section 16-22-102 (9);
(V) Any history of substance abuse by the juvenile;
(VI) The juvenile's education history, including any special education history and any current
individualized education program the juvenile may have pursuant to section 22-20-108;
(VII) The juvenile's employment history;
(VIII) The juvenile's family, kin, and persons having a significant relationship with the
juvenile;
(IX) The juvenile's peer relationships;
(X) The status of juvenile programs and community placements in the juvenile's judicial
district of residence;
(XI) Other related material;
(XII) Review of placement and commitment criteria adopted pursuant to section 19 -2.5-
1404, which are the criteria for any sentencing recommendations included in the presentence
investigation;
(XIII) Assessment of the juvenile's needs; and
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Title 19 - Children's Code
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(XIV) Recommendations and a proposed treatment plan for the juvenile.
(b) If the juvenile has been adjudicated for an act that constitutes unlawful sexual behavior,
as defined in section 16-22-102 (9), then the report on the presentence investigation must include
the juvenile's previous criminal and juvenile delinquency records, if any.
(2) (a) The probation department shall conduct a presentence investigation in each case
unless waived by the court on its own determination or on recommendation of the prosecution or
the juvenile. The level of detail included in the presentence investigation may vary, as
appropriate, with the services being considered for the juvenile.
(b) (I) Except as set forth in subsection (2)(b)(II) of this section, if the juvenile is adjudicated
on or after July 1, 2018, the report described in subsection (1)(a) of this section must include the
following statement:
Each adjudicated juvenile may, at the time of adjudication or at any time thereafter,
apply to the court for an order of collateral relief of the consequences of the juvenile's
adjudication pursuant to section 19-2.5-910, Colorado Revised Statutes.
(II) The report described in subsection (1)(a) of this section need not include the statement
described in subsection (2)(b)(I) of this section if the juvenile:
(A) Has been adjudicated for a felony that included an element that requires a victim to
suffer a serious bodily injury and the victim suffered a permanent impairment of the function of
any part or organ of the body;
(B) Has been adjudicated for a crime of violence as described in section 18-1.3-406; or
(C) Is required to register as a sex offender pursuant to section 16-22-103.
(3) (a) The state court administrator may implement a behavioral or mental health disorder
screening program to be used by the juvenile court. If the state court administrator chooses to
implement a behavioral or mental health disorder screening program, the juvenile court shall use
the standardized behavioral or mental health disorder screening developed pursuant to section
16-11.9-102 and conduct the screening in accordance with the procedures established pursuant to
section 16 -11.9-102. The findings and results of any standardized behavioral or mental health
disorder screening conducted pursuant to this subsection (3) must be included in the written
report to the court prepared and submitted pursuant to this section.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(b) Prior to implementation of a behavioral or mental health disorder screening program
pursuant to this subsection (3), if implementation of the program would require an increase in
appropriations, the state court administrator shall submit to the joint budget committee a request
for funding in the amount necessary to implement the behavioral or mental health disorder
screening program. If implementation of the behavioral or mental health disorder screening
program would require an increase in appropriations, implementation of the program is
conditional upon approval of the funding request.
(4) Prior to sentencing a juvenile who was adjudicated for an offense that would be a felony
or misdemeanor not contained in title 42 if committed by an adult, the court may order the
juvenile to participate in an assessment to determine whether the juvenile would be suitable for
participation in restorative justice practices that would be a part of the juvenile's sentence; except
that the court may not order participation in a restorative justice practice if the juvenile was
adjudicated a delinquent for unlawful sexual behavior, as defined in section 16 -22-102 (9); a
crime in which the underlying factual basis involves domestic violence, as defined in section 18 -
6-800.3 (1); stalking, as defined in section 18-3-602; or violation of a protection order, as defined
in section 18 -6-803.5. If the court orders a suitability assessment, the assessor shall provide the
services for a fee of no more than forty dollars based on a sliding scale consistent with guidelines
used to determine eligibility for appointment of counsel. The court shall not include payment of
this fee as part of any court order. If a juvenile wants to participate in restorative justice
practices, the juvenile must make the request to the district attorney or the law enforcement
agency administering the program and may not make the request to the victim. If requested by
the juvenile or law enforcement agency, a victim -offender conference may only be conducted
after the victim is consulted by the district attorney and offered an opportunity to participate or
submit a victim impact statement. If a victim elects not to attend, a victim -offender conference
may be held with a suitable victim surrogate or victim advocate, and the victim may submit a
victim impact statement. If the juvenile participates in a restorative justice practices victim -
offender conference, the facilitator shall provide these services for a fee of no more than one
hundred twenty-five dollars based on a sliding scale consistent with guidelines used to determine
eligibility for appointment of counsel. The court shall not include payment of this fee as part of
any court order.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 631, § 2,
effective October 1; (4) amended, (HB 21-1315), ch. 461, p. 3117, § 27, effective October 1.
Editor's note: This section is similar to former § 19-2-905 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-377-
Cross references: For the legislative declaration in HB 21 -1315, see section 1 of chapter 461,
Session Laws of Colorado 2021.
ANNOTATION
Law reviews. For article, "The Mandate
to Use Special Education at Juvenile
Delinquency Sentencings", see 32 Colo.
Law. 99 (Oct. 2003).
19-2.5-1102. Sentencing hearing.
(1) (a) After making a finding of guilt, the court shall hear evidence on the question of the
proper disposition best serving the interests of the juvenile and the public. Such evidence
includes but is not necessarily limited to the social study and other reports as provided in section
19-1-107.
(b) In cases in which the juvenile is adjudicated a juvenile delinquent for an act that
constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), the court shall consider
the juvenile's previous criminal and juvenile delinquency records, if any, set forth in the
presentence investigation report prepared pursuant to section 19 -2.5-1101 (1)(b) in determining
the proper disposition for the juvenile and the public.
(2) If the court has reason to believe that the juvenile may have an intellectual and
developmental disability, the court shall refer the juvenile 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 10.5 of title 27. If the court has reason to believe that
the juvenile may have a behavioral or mental health disorder, the court shall order a mental
health placement prescreening to be conducted in any appropriate place.
(3) If the court receives a mental health screening or mental health assessment pursuant to
section 19-2.5-612 determining that the juvenile could benefit from mental health services, or the
court already has sufficient information to determine that the juvenile could benefit from mental
health services, the court may order mental health services as a part of the disposition.
(4) (a) The court may continue the sentencing hearing, either on its own motion or on the
motion of any interested party, for a reasonable period to receive reports or other evidence;
except that the court shall determine sentencing within forty -nine days after completion of the
adjudicatory trial.
(b) If the hearing is continued, the court shall make an appropriate order for detention of the
juvenile or for the juvenile's release in the custody of the juvenile's parents, guardian, or other
responsible person or agency under such conditions of supervision as the court may impose
during the continuance.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(c) In scheduling investigations and hearings, the court shall give priority to proceedings
concerning a juvenile who is in detention or who has otherwise been removed from the home
before an order of disposition has been made.
(5) In any case in which the sentence is placement out of the home, except for juveniles
committed to the department of human services, the court shall, at the time of placement, set a
review within ninety-one days to determine if continued placement is necessary and is in the best
interest of the juvenile and of the community. The court shall give notice of the review to all
parties and to the director of the facility or agency in which the juvenile is placed and any person
who has physical custody of the juvenile and any attorney or guardian ad litem of record.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 634, § 2,
effective October 1; (2) amended, (HB 21-1187), ch. 83, p. 327, § 9, effective July 1, 2024.
Editor's note: (1) This section is similar to former § 19-2-906 as it existed prior to 2021.
(2) Subsection (2) was numbered as 19 -2-906 (2) in HB 21 -1187 (see L. 2021, p. 327). That
provision was harmonized with subsection (2) of this section as it appears in SB 21 -059,
effective July 1, 2024.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Court's disposition of case must
consider both the child's best interests
and society's best interests. People in
Interest of M.C., 750 P.2d 69 (Colo. App.
1987).
State is an "interested party". The state
of Colorado, through its representative, the
district attorney, is an "interested party" at
the dispositional stage of a delinquency
proceeding, as the same factors which
establish the state's status as an interested
party at the adjudicatory stage of the
delinquency proceeding are equally
applicable to the dispositional stage. People
in Interest of R.M.S., 651 P.2d 377 (Colo.
1982).
Hearing not required for revocation of
probation. Where hearing emanated from
petition to revoke probation of child and not
from petition for either delinquency
adjudication or in need of supervision, child
was not entitled to dispositional hearing and
social study. People in Interest of B.L.M. v.
B.L.M., 31 Colo. App. 106, 500 P.2d 146
(1972).
Rules of evidence not controlling.
Information which will assist the court in
determining the disposition, or upon which
the court relies in fashioning conditions of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-379-
probation, can be obtained by the court in a
variety of ways, none of which need comply
with the rules of evidence. John Doe v.
People, 156 Colo. 311, 398 P.2d 624 (1965).
Trial court's failure to sentence juvenile
within 45 days after adjudication
pursuant to subsection (3)(a) entitles
juvenile to credit for pre -sentence
confinement for the period following the
expiration of the 45 -day sentencing
deadline until the date of sentencing. The
trial court retains discretion as to whether to
grant pre -sentence confinement credit for
any confinement from the date of
adjudication until the expiration of the 45 -
day sentencing deadline. People ex rel. J.R.,
216 P.3d 1220 (Colo. App. 2009).
19-2.5-1103. Sentencing schedule - options.
(1) Upon completion of the sentencing hearing pursuant to section 19 -2.5-1102, the court
shall enter a decree of sentence or commitment imposing any of the following sentences or
combination of sentences, as appropriate:
(a) Commitment to the department of human services pursuant to section 19-2.5-1117;
(b) Confinement in the county jail or in community corrections pursuant to section 19 -2.5-
1118;
(c) Detention pursuant to section 19-2.5-1123;
(d) Placement of legal custody of the juvenile with a relative or other suitable person
pursuant to section 19-2.5-1112;
(e) Probation pursuant to section 19-2.5-1106;
(f) Commitment to the community accountability program pursuant to section 19-2.5-1111;
(g) Placement of legal custody of the juvenile in the county department of human or social
services or a child placement agency pursuant to section 19-2.5-1115;
(h) Placement of the juvenile in a hospital or other suitable facility for receipt of special care
pursuant to section 19-2.5-1114;
(i) Imposition of a fine pursuant to section 19-2.5-1105;
(j) Ordering the juvenile to pay restitution pursuant to section 19-2.5-1104;
(k) Ordering the juvenile to complete an anger management treatment program or any other
appropriate treatment program pursuant to section 19-2.5-1122;
(l) Participation in an evaluation to determine whether the juvenile would be suitable for
restorative justice practices that would be a part of the juvenile's sentence; except that the court
may not order participation in restorative justice practices if the juvenile was adjudicated a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-380-
delinquent for unlawful sexual behavior, as defined in section 16 -22-102 (9); a crime in which
the underlying factual basis involves domestic violence, as defined in section 18 -6-800.3 (1);
stalking, as defined in section 18 -3-602; or violation of a protection order, as defined in section
18-6-803.5. If the court orders participation in restorative justice practices, the facilitator shall
provide these services for a fee of no more than one hundred twenty -five dollars based on a
sliding scale consistent with guidelines used to determine eligibility for appointment of counsel.
The court shall not include payment of this fee as part of any court order. Nothing in this
subsection (1)(l) requires a victim to participate in a restorative justice victim -offender
conference.
(2) The judge shall sentence any juvenile adjudicated as a special offender pursuant to
section 19-2.5-1126.
(3) Any sentence imposed on a juvenile pursuant to this section may include the juvenile's
parent or guardian pursuant to section 19-2.5-1110.
(4) If, as a condition of or in connection with any sentence imposed pursuant to this section,
the court requires a juvenile to attend school, the court shall notify the school district in which
the juvenile is enrolled of such requirement.
(5) (a) Except as otherwise set forth in section 19 -2.5-1127 for an aggravated juvenile
offender, if the court finds that placement out of the home is necessary and is in the best interests
of the juvenile and the community, the court shall place the juvenile, following the criteria
established pursuant to section 19 -2.5-1404, in the facility or setting that most appropriately
meets the needs of the juvenile, the juvenile's family, and the community. In making its decision
as to proper placement, the cou rt shall utilize the evaluation for placement prepared pursuant to
section 19 -1-107 or the evaluation for placement required by section 19 -1-115 (8)(e). Any
placement recommendation in the evaluation prepared by the county department of human or
social services must be accorded great weight as the placement that most appropriately meets the
needs of the juvenile, the juvenile's family, and the community. A recommendation prepared by
the county department of human or social services must set forth specific f acts and reasons for
the placement recommendation. If the evaluation for placement recommends placement in a
facility located in Colorado that can provide appropriate treatment and that will accept the
juvenile, then the court shall not place the juvenile in a facility outside this state. If the court
places the juvenile in a facility located in Colorado other than one recommended by the
evaluation for placement, in a facility located outside this state in accordance with the evaluation
for placement, or in a facility in which the average monthly cost exceeds the amount established
by the general assembly in the general appropriation bill, it shall make specific findings of fact,
including the monthly cost of the facility in which the juvenile is placed, relating to its placement
decision. A copy of the findings must be sent to the chief justice of the supreme court, who shall,
notwithstanding section 24 -1-136 (11)(a)(I), report monthly to the joint budget committee and
annually to the house and senate commit tees on health and human services, or any successor
Colorado Revised Statutes 2026
Title 19 - Children's Code
-381-
committees, on such placements. If the court commits the juvenile to the state department of
human services, it shall not make a specific placement, nor is this subsection (5) relating to
specific findings of fact applicable.
(b) If the court sentences a juvenile to an out -of-home placement funded by the state
department of human services or any county, or commits a juvenile to the state department of
human services, and the receiving agency determines that the placement or commitment does not
follow the criteria established pursuant to section 19 -2.5-1404, including the placement
recommended by the receiving agency, the receiving agency may, after assessing the juvenile's
needs, file a petition with the court for reconsideration of the placement or commitment. The
petition must be filed not later than thirty -five days after the placement or commitment. The
court shall hear the petition and enter an order thereon not later than thirty -five days after the
filing of the petition, and after notice to all agencies or departments that might be affected by the
resolution of the petition, and after all such agencies or departments have had an opportunity to
participate in the hearing on the petition. Failure of any such agency or department to appear
may be a basis for refusal to accept a subsequent petition by the agency or department that had
an opportunity to appear and be present at the original petition hearing. The notification to the
parties required pursuant to this subsection (5)(b) must be made by the petitioning party, and
proof of the service must be filed with the court. If the court sentences a juvenile to an out -of-
home placement funded by the county department of human or social services, temporary legal
custody of the juvenile must be placed with the county department of human or social services,
and the placement recommended by the county department must be accorded great weight as the
placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the
community. Any deviation from the recommendation must be supported by specific findings on
the record of the case detailing the specific extraordinary circumstances that constitute the
reasons for deviations from the placement recommendation of the county department of human
or social services.
(6) Repealed.
(7) The juvenile court in each judicial district may implement a behavioral or mental health
disorder screening program to screen juveniles sentenced pursuant to this part 11. If the juvenile
court chooses to implement a behavioral or mental health disorder screening program, the
juvenile court shall use the standardized behavioral or mental health disorder screening
developed pursuant to section 16 -11.9-102 and conduct the screening in accordance with
procedures established pursuant to section 16-11.9-102.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 635, § 2,
effective October 1; (1)(l) amended and (6) repealed, (HB 21 -1315), ch. 461, p. 3118, § 28,
effective October 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-382-
Editor's note: This section is similar to former § 19-2-907 as it existed prior to 2021.
Cross references: For the legislative declaration in HB 21 -1315, see section 1 of chapter 461,
Session Laws of Colorado 2021.
ANNOTATION
Law reviews. For article, "Commitment
of Misdemeanants to the Colorado State
Reformatory", see 29 Dicta 294 (1952). For
article, "One Year Review of Domestic
Relations", see 40 Den. L. Ctr. J. 115 (1963).
For article, "Towards a More Practical
Central Registry", see 51 Den. L.J. 509
(1974). For article, "Review of New
Legislation Relating to Criminal Law", see
11 Colo. Law. 2148 (1982). For article,
"Toward an Integrated Theory of
Delinquency Responsibility", see 60 Den.
L.J. 485 (1983).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Jurisdiction of court to determine
placement. It is within the exclusive
jurisdiction of the court to determine the
placement of a child adjudicated neglected,
dependent, or delinquent. State Dept. of Soc.
Servs. v. Arapahoe County Dept. of Soc.
Servs., 642 P.2d 16 (Colo. App. 1981).
Incarceration, if any is to be decreed, is
to be as provided in this section. Martinez
v. People, 150 Colo. 374, 372 P.2d 947
(1962) (decided under former § 22 -8-11,
C.R.S. 1963).
Trial court cannot impose a more severe
penalty upon a juvenile adjudicated a
delinquent child than such child could have
received as an adult for commission of the
same offense. People in Interest of A.L., 713
P.2d 934 (Colo. App. 1985).
Acts not grounds for delinquency do
not support commitment to institution for
delinquents. It would be contrary to the
obvious legislative intent to allow a child to
be committed to an institution for juvenile
delinquents where the only acts alleged,
violation of child in need of supervision
probation, were those which were not, in
and of themselves, grounds for an
adjudication of delinquency and for which
the statute already provides a comprehensive
and complete procedure for review and
punishment. People in Interest of D.R. v.
E.R., 29 Colo. App. 525, 487 P.2d 824
(1971).
Exclusive placement power in
department. When the terms of this section
are given their ordinary and generally
accepted meaning, it appears that the general
assembly has bestowed upon the department
of institutions the exclusive power to place a
delinquent in a particular facility once that
child has been committed by the court to the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-383-
department. Leidig v. Delaney, 189 Colo.
186, 539 P.2d 1264 (1975).
Trial court, once having committed an
individual to the custody of the
department of institutions pursuant to §
19-2-703 (1)(a), may not limit the
department's discretion regarding placement
of that individual. McDonnell v. Juvenile
Court, 864 P.2d 565 (Colo. 1993).
Consecutive terms not authorized. In
absence of express authorization in the
Colorado Children's Code, court lacks
authority to impose consecutive terms of
commitment upon one adjudicated both a
"repeat juvenile offender" and a "mandatory
sentence offender". S.G.W. v. People, 752
P.2d 86 (Colo. 1988).
Trial court erred in interpreting
subsection (1) as allowing the
combination of a one -year term of
commitment followed by a one -year term
of probation. Although the aggregate length
of the combined sentence imposed by the
court did not exceed two years, the period of
commitment exceeded the 45 -day aggregate
maximum described in § 19 -2-925 (1)(a).
People in Interest of J.S.R., 2014 COA 98M,
338 P.3d 1088.
This section and § 19 -2-908 (1)(a) can
be harmonized and applied together when
any combined sentence to commitment
and probation limits the term of
commitment to no more than 45 days.
People in Interest of J.S.R., 2014 COA 98M,
338 P.3d 1088.
The sentencing options listed in this
section are applicable to mandatory
sentence offenders. Section 19 -2-908 is a
supplement to, not a substitute for, this
section. People in Interest of J.S.R., 2014
COA 98M, 338 P.3d 1088.
Child must first be adjudicated as
delinquent before being placed on
probation. People in Interest of F.D., 735
P.2d 496 (Colo. App. 1987).
Where a person is adjudicated a
delinquent child at age 17 and is 18 at the
time of the dispositional order, equal
protection is not violated where the juvenile
court retains jurisdiction and proceeds with
disposition, even though similarly situated
adults are subject to different sanctions
contained in the Criminal Code. People in
Interest of M.C., 774 P.2d 857 (Colo. 1989).
A court may place legal custody with
the department of human services only if,
concurrently, physical placement outside
the home is authorized. People in Interest
of C.A.G., 903 P.2d 1229 (Colo. App. 1995).
Authority to commit to juvenile group
care facilities or training schools. Juvenile
courts have statutory authority to commit
adjudicated delinquents to juvenile group
care facilities or training schools under the
supervision of the department of institutions.
People v. A.F., 192 Colo. 207, 557 P.2d 418
(1976).
But not to impose limited confinement
in county jail as probation condition. A
juvenile court does not have the statutory
authority to impose a limited or partial
confinement in county jail as a condition of
probation for a juvenile under 18 years of
age. People v. A.F., 192 Colo. 207, 557 P.2d
418 (1976).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-384-
Implicit in the statutory grant of former
subsection (1)(d) is the converse, that a
juvenile court may not impose a jail
sentence on those younger than 18 years of
age. People v. A.F., 192 Colo. 207, 557 P.2d
418 (1976).
The custodial placement sentencing
option of former subsection (1)(d) is not
available for violent juvenile offenders
because the plain language of former
subsection (2) specifically states that the
judge shall sentence any juvenile
adjudicated as a special offender as provided
in § 19 -2-908. Thus, the availability of a
custodial placement sentence for a violent
juvenile offender depends entirely on
whether such a sentence is authorized by §
19-2-908 (1)(c)(I)(A). People ex rel. P.C., 80
P.3d 942 (Colo. App. 2003).
Three overriding requirements must be
met before a restitution order can be
valid: The person who is required to pay
restitution must receive adequate notice that
the victim or the victim's family claims
damages, there must be notice of the amount
of restitution requested, and the person
obligated to pay must be given the
opportunity to controvert the victim's
claimed monetary damages. People in
Interest of J.L.R., 895 P.2d 1151 (Colo. App.
1995).
Restitution order was entered without
adequate notice or an opportunity to be
heard since the parent did not receive notice
of her potential liability nor of her
opportunity to challenge the validity of the
amounts sought. People in Interest of J.L.R.,
895 P.2d 1151 (Colo. App. 1995).
Under mandatory provisions of former
§ 19-2-703 (4) requiring the court to order
restitution, the ability of juvenile to pay at
the time restitution is ordered is irrelevant.
People in Interest of A.R.M., 832 P.2d 1093
(Colo. App. 1992).
Restitution order is reasonable if it gives
the juvenile sufficient latitude to comply at
some time in the future. People in Interest of
A.R.M., 832 P.2d 1093 (Colo. App. 1992).
Inability to pay bars enforcement of a
restitution order only if it is the basis for
revocation of probation. People in Interest of
A.R.M., 832 P.2d 1093 (Colo. App. 1992).
Incarceration of juvenile not a bar to
imposition of restitution order. People in
Interest of A.R.M., 832 P.2d 1093 (Colo.
App. 1992); People v. T.R., 860 P.2d 559
(Colo. App. 1993).
Court must make findings of the
reasonableness of the restitution amount and
the reasonableness of the repayment terms at
the time restitution is ordered. People in
Interest of A.R.M., 832 P.2d 1093 (Colo.
App. 1992).
Court may consider family circumstances
as well as the juvenile's potential ability to
pay after release from incarceration in
considering whether restitution would cause
serious hardship or injustice to the juvenile.
People in Interest of A.R.M., 832 P.2d 1093
(Colo. App. 1992).
Payment of restitution to victim's
insurer. The broad statutory requirement
that a delinquent child must pay "for any
damage done to persons or property" fully
authorizes a district court's order that the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-385-
delinquent make restitution to the victim's
insurer. People in Interest of P.J.N., 664 P.2d
245 (Colo. 1983).
Legislative intent underlying this
section is that whenever possible,
restitution should be required. People v.
T.R., 860 P.2d 559 (Colo. App. 1993).
Restitution serves society's interest by
encouraging juveniles to be responsible
for the damage they cause. People in
Interest of A.R.M., 832 P.2d 1093 (Colo.
App. 1992); People v. T.R., 860 P.2d 559
(Colo. App. 1993).
Restitution decree within limits
imposed by law and supported by
evidence. People in Interest of M.H., 661
P.2d 1195 (Colo. App. 1983).
Restitution order upon juvenile who
was adjudicated delinquent in proceeding
arising from auto accident was proper
even though he served a full sentence of
incarceration and restitution was not part of
conditional release. People v. T.R., 860 P.2d
559 (Colo. App. 1993).
Trial court cannot order juvenile who
was adjudicated delinquent in proceeding
arising from auto accident to pay
restitution to the victim's automobile
insurer because the insurer had no right to
subrogation to sue the juvenile civilly under
§ 10 -4-713, the no -fault insurance act.
People v. T.R., 860 P.2d 559 (Colo. App.
1993).
Former § 19 -2-703 (4) and § 13 -21-107
(2) do not limit a parent's restitution
obligation to $3,500 per delinquent act;
rather, the "one delinquent act" limitation in
that subsection, when read in conjunction
with the "any person" language in § 13 -21-
107 provides that parental restitution
payments cannot exceed $3,500 to each
person entitled to restitution as a result of
each delinquent act. People in Interest of
J.L.R., 895 P.2d 1151 (Colo. App. 1995).
Applied in People in Interest of R.A.D.,
196 Colo. 430, 586 P.2d 46 (1978); Lovato
v. Dist. Court, 198 Colo. 419, 601 P.2d 1072
(1979); People in Interest of R.R., 43 Colo.
App. 208, 607 P.2d 1013 (1979); People in
Interest of R.G., 630 P.2d 89 (Colo. App.
1981); People v. M.A.W., 651 P.2d 433
(Colo. App. 1982); People in Interest of
M.A.G., 732 P.2d 649 (Colo. App. 1986).
19-2.5-1104. Sentencing - restitution by juvenile.
(1) If the court finds that a juvenile who receives a deferral of adjudication or who is
adjudicated a juvenile delinquent has damaged a victim's personal or real property, that the
victim's personal property has been lost, or that personal injury has been caused to a victim as a
result of the juvenile's delinquent act, the court, in addition to any other sentence or commitment
that it may impose on the juvenile pursuant to section 19 -2.5-1103, shall enter a sentencing order
requiring the juvenile to make restitution as required by article 18.5 of title 16 and part 6 of
article 1.3 of title 18.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-386-
(2) Restitution must be ordered to be paid in a reasonable manner, as determined by the court
and in accordance with article 18.5 of title 16 and part 6 of article 1.3 of title 18.
(3) Notwithstanding section 18-1.3-602 (4)(a)(III) or any other provision of law, a court shall
not order a juvenile to pay restitution to an insurance company. A court may order a juvenile to
pay restitution to a victim for the portion of a victim's pecuniary loss for which the victim cannot
be compensated under a policy of insurance, self -insurance, an indemnity agreement, or a risk
management fund.
(4) As used in this section, "victim" does not mean an insurance company, as defined in
section 38-13-102 (13), for purposes of restitution in juvenile cases.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 637, § 2,
effective October 1. L. 2022: (3) and (4) added, (HB 22 -1373), ch. 392, p. 2772, § 1, effective
June 7.
Editor's note: This section is similar to former § 19-2-918 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The federal Controlled Substances Act
does not preempt the state's restitution
statutes. There is no positive conflict
between the two statutes. The restitution
statutes do not require a defendant to violate
the Controlled Substances Act. Ordering
restitution to a licensed marijuana business
and thereby acknowledging a state property
interest in marijuana does not positively
conflict with the Controlled Substances Act.
People in Interest of D.M., 2019 COA 56M,
444 P.3d 834.
Three overriding requirements must be
met before a restitution order can be
valid: The person who is required to pay
restitution must receive adequate notice that
the victim or the victim's family claims
damages, there must be notice of the amount
of restitution requested, and the person
obligated to pay must be given the
opportunity to controvert the victim's
claimed monetary damages. People in
Interest of J.L.R., 895 P.2d 1151 (Colo. App.
1995).
Under mandatory provisions of former
§ 19-2-703 (4) requiring the court to order
restitution, the ability of juvenile to pay at
the time restitution is ordered is irrelevant.
People in Interest of A.R.M., 832 P.2d 1093
(Colo. App. 1992).
Restitution order is reasonable if it gives
the juvenile sufficient latitude to comply at
Colorado Revised Statutes 2026
Title 19 - Children's Code
-387-
some time in the future. People in Interest of
A.R.M., 832 P.2d 1093 (Colo. App. 1992).
Inability to pay bars enforcement of a
restitution order only if it is the basis for
revocation of probation. People in Interest of
A.R.M., 832 P.2d 1093 (Colo. App. 1992).
Incarceration of juvenile not a bar to
imposition of restitution order. People in
Interest of A.R.M., 832 P.2d 1093 (Colo.
App. 1992); People v. T.R., 860 P.2d 559
(Colo. App. 1993).
Court must make findings of the
reasonableness of the restitution amount and
the reasonableness of the repayment terms at
the time restitution is ordered. People in
Interest of A.R.M., 832 P.2d 1093 (Colo.
App. 1992).
Court may consider family circumstances
as well as the juvenile's potential ability to
pay after release from incarceration in
considering whether restitution would cause
serious hardship or injustice to the juvenile.
People in Interest of A.R.M., 832 P.2d 1093
(Colo. App. 1992).
In amending the statute in 1996 and
2000, the general assembly intended to
remove the ability to pay and hardship
from a juvenile court's consideration
when ordering restitution. People in
Interest of A.V ., 2018 COA 138M, 446 P.3d
887 (holding contrary to People in Interest
of A.R.M., 832 P.2d 1093 (Colo. App. 1992)
(decided under former law)); People in
Interest of D.L.C., 2019 COA 135, 461 P.3d
588.
Legislative intent underlying this
section is that whenever possible,
restitution should be required. People v.
T.R., 860 P.2d 559 (Colo. App. 1993).
Restitution serves society's interest by
encouraging juveniles to be responsible
for the damage they cause. People in
Interest of A.R.M., 832 P.2d 1093 (Colo.
App. 1992); People v. T.R., 860 P.2d 559
(Colo. App. 1993).
A juvenile court may not suspend
accrual of postjudgment interest on
restitution for a juvenile while the
juvenile is committed to the division of
youth services. People in Interest of D.L.C.,
2019 COA 135, 461 P.3d 588.
Payment of restitution to victim's
insurer. The broad statutory requirement
that a delinquent child must pay "for any
damage done to persons or property" fully
authorizes a district court's order that the
delinquent make restitution to the victim's
insurer. People in Interest of P.J.N., 664 P.2d
245 (Colo. 1983).
Restitution order upon juvenile who
was adjudicated delinquent in proceeding
arising from auto accident was proper
even though he served a full sentence of
incarceration and restitution was not part of
conditional release. People v. T.R., 860 P.2d
559 (Colo. App. 1993).
Trial court cannot order juvenile who
was adjudicated delinquent in proceeding
arising from auto accident to pay
restitution to the victim's automobile
insurer because the insurer had no right to
subrogation to sue the juvenile civilly under
§ 10 -4-713, the no -fault insurance act.
People v. T.R., 860 P.2d 559 (Colo. App.
1993).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-388-
Adjudication of juvenile delinquency is
not conviction of a crime within the
language of the federal Bankruptcy Code;
therefore, a restitution debt is dischargeable
under the code. In re Sweeney, 341 B.R. 35
(Bankr. D. Colo. 2006), aff'd, 492 F.3d 1189
(10th Cir. 2007).
Juvenile court lacked authority to
transfer defendant's restitution obligation
from an unrelated juvenile case to
defendant's adult case, and district court
had no authority to include the juvenile
court's restitution order in its community
corrections or department of corrections
sentence in an unrelated case. People v.
Brooks, 250 P.3d 771 (Colo. App. 2010).
19-2.5-1105. Sentencing - fines.
Except as otherwise set forth in section 19 -2.5-1127 for an aggravated juvenile offender, the
court may, as the sole punishment or in addition to any other sentence or commitment specified
in section 19-2.5-1103, impose on the juvenile a fine of not more than three hundred dollars.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 638, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-917 as it existed prior to 2021.
19-2.5-1106. Sentencing - probation - supervised community service or work program.
(1) Except as otherwise provided in section 19-2.5-1127 for an aggravated juvenile offender:
(a) The court may place the juvenile on probation or under protective supervision in the legal
custody of one or both of the juvenile's parents or guardian under such conditions as the court
may impose;
(b) The court may place the juvenile on probation and place the juvenile in the juvenile
intensive supervision program created pursuant to section 19-2.5-1409;
(c) The court may require as a condition of probation that the juvenile report for assignment
to a supervised work program, place the juvenile in a child care facility that provides a
supervised work program, or require that the juvenile's custodial parent or guardian assist the
juvenile in participating in a supervised work program, if:
(I) The juvenile is not deprived of the schooling that is appropriate to the juvenile's age,
needs, and specific rehabilitative goals;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-389-
(II) The supervised work program is of a constructive nature designed to promote
rehabilitation, is appropriate to the juvenile's age level and physical ability, and is combined with
counseling from a juvenile probation officer or other guidance personnel; and
(III) The supervised work program assignment is made for a period of time consistent with
the juvenile's best interest, but not exceeding one hundred eighty days.
(2) Except as set forth in subsection (1) of this section, as a condition of a deferral of
adjudication or of probation, in conjunction with other dispositional orders, or otherwise, the
court may order the juvenile to participate in a supervised community service or community
work program if the court finds that the program will promote the purposes of this title 19 as set
forth in section 19-1-102.
(3) Participation by the juvenile, or by both the juvenile and the juvenile's parent or guardian,
in a community service or work program may be ordered in addition to or in conjunction with an
order to pay restitution pursuant to section 19-2.5-1104 or 19-2.5-1110.
(4) With the written consent of the victim of the juvenile's delinquent act, the juvenile, or
both the juvenile and the custodial parent, the juvenile's parent who has parental responsibilities,
or the juvenile's guardian may be ordered to perform work for the victim.
(5) Any order issued by the court pursuant to this section must be structured to allow the
juvenile to continue regular school attendance and any employment, if appropriate, and must be
suitable to the juvenile's age and abilities. The amount of community service or work ordered
must be reasonably related to the seriousness of the juvenile's delinquent act.
(6) The court may order any agency or person supervising a juvenile in a community service
or work program to advise the court concerning the juvenile's participation in the program in
such manner as the court requires.
(7) The court may order, as a condition of probation, that the juvenile be placed out of the
home in a residential child care facility providing a supervised work program or that the juvenile
in such facility report to a supervised work program if the court finds the following:
(a) That the juvenile will not be deprived of the education that is appropriate to the juvenile's
age, needs, and specific rehabilitative goals;
(b) That the supervised work program is of a constructive nature designed to promote
rehabilitation, is appropriate to the juvenile's age level and physical ability, and is combined with
counseling from a probation officer or other guidance personnel; and
(c) That the supervised work program assignment is made for a period of time consistent
with the juvenile's best interest but not exceeding one hundred eighty days.
(8) The probation department of the court is responsible for establishing and identifying
suitable work programs and assignments. Boards of county commissioners, county sheriffs, and
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political subdivisions shall cooperate to establish work programs. The cooperation of suitable
nonprofit organizations and other entities may be sought to establish suitable work programs.
(9) For purposes of the "Colorado Governmental Immunity Act", article 10 of title 24,
"public employee" does not include any juvenile who is ordered to participate in a work or
community service program pursuant to this section.
(10) A governmental entity or cooperating nonprofit organization is not liable pursuant to the
"Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, or pursuant to the
"Colorado Employment Security Act", articles 70 to 82 of title 8, for any benefits on account of
any juvenile who is ordered to participate in a work or community service program pursuant to
this section, but nothing in this subsection (10) prohibits a governmental entity or cooperating
nonprofit organization from electing to accept the provisions of the "Workers' Compensation Act
of Colorado" by purchasing and keeping in force a policy of workers' compensation insurance
covering the person.
(11) A general public liability insurance policy obtained to cover juveniles performing work
or community service pursuant to this section and to provide coverage for injuries caused to or
by juveniles performing work or community service pursuant to this section must be in a sum of
not less than the current limit on government liability under the "Colorado Governmental
Immunity Act", article 10 of title 24.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 638, § 2,
effective October 1.
Editor's note: This section is similar to former §§ 19-2-913 and 19-2-308 as they existed prior
to 2021.
ANNOTATION
Child must first be adjudicated as
delinquent before being placed on
probation. People in Interest of F.D., 735
P.2d 496 (Colo. App. 1987) (decided under
former law).
19-2.5-1107. Juvenile probation officers - powers and duties.
(1) A juvenile probation officer appointed pursuant to section 19 -2.5-1406 shall investigate
and keep written records of such investigations as the court may direct.
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(2) When a juvenile is placed on probation, the juvenile probation officer shall give the
juvenile a written statement of the terms and conditions of the juvenile's probation and shall
explain fully the terms and conditions to the juvenile, unless the court gave and explained the
statement to the juvenile pursuant to section 19-2.5-1108.
(3) (a) Each juvenile probation officer shall keep informed as to the condition and conduct of
each juvenile placed under the juvenile probation officer's supervision and shall report to the
court as directed.
(b) Each juvenile probation officer shall use all suitable methods, including counseling, to
aid each juvenile under the juvenile probation officer's supervision and shall perform such other
duties in connection with the care and custody of juveniles as the court may direct.
(c) Each juvenile probation officer shall keep complete records of all work done, as well as
complete accounts of all money collected from those under supervision.
(d) Unless inconsistent with other conditions imposed by the court, in directing that a
juvenile under the juvenile probation officer's supervision meet with the juvenile probation
officer, the probation officer shall:
(I) Schedule, in good faith, meetings with the juvenile on probation at mutually agreeable
times that do not conflict with the juvenile's essential obligations, including work, education, job
training, dependent care, medical appointments, and other probation requirements; and
(II) Allow a juvenile to meet with the juvenile probation officer through a telephone call or
audio-visual communication technology.
(4) A juvenile probation officer, for the purpose of performing the juvenile probation officer's
duties, has all the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-138.
(5) (a) When a juvenile probation officer learns that a juvenile under the juvenile probation
officer's supervision has changed residence to another county, temporarily or permanently, the
juvenile probation officer shall immediately notify the court.
(b) If, after the court is notified pursuant to subsection (5)(a) of this section, the court
determines that it is in the best interest of the juvenile to transfer jurisdiction to the court in the
county in which the juvenile resides or is to reside, the court shall immediately notify such court
and shall enter an order transferring jurisdiction to such court. The court transferring jurisdiction
pursuant to this subsection (5)(b) shall transmit all documents and legal and social records, or
certified copies thereof, to the receiving court, together with the order transferring jurisdiction.
The receiving court shall proceed with the case as if the petition had been originally filed in said
court.
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Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 640, § 2,
effective October 1. L. 2024: (3)(d) added, (HB 24 -1445), ch. 353, p. 2407, § 5, effective
September 1.
Editor's note: This section is similar to former § 19-2-926 as it existed prior to 2021.
19-2.5-1108. Probation - terms - release - revocation - graduated responses system -
rules - report - definition.
(1) (a) The terms and conditions of probation must be specified by rules or orders of the
court. The court, as a condition of probation for a juvenile who is ten years of age or older but
less than eighteen years of age on the date of the sentencing hearing, may impose a commitment
or detention. The aggregate length of any such commitment or detention, whether continuous or
at designated intervals, must not exceed forty -five days; except that such limit does not apply to
any placement out of the home through a county department of human or social services. Each
juvenile placed on probation must be given a written statement of the terms and conditions of the
juvenile's probation and have the terms and conditions fully explained.
(b) The court, as a condition of probation for a youth eighteen years of age or older at the
time of sentencing for delinquent acts committed prior to the youth's eighteenth birthday, may
impose as a condition of probation a sentence to the county jail that must not exceed ninety days;
except that the sentence may be for a period of up to one hundred eighty days if the court orders
the youth released for school attendance, job training, or employment.
(2) (a) Conditions of probation must be customized to each juvenile based on the guidelines
developed by the committee on juvenile justice reform pursuant to section 24 -33.5-2402, as it
existed prior to its repeal in 2022. The court shall, as minimum conditions of probation, order
that the juvenile:
(I) Not violate any federal or state statutes, municipal ordinances, or orders of the court;
(II) Not use or possess a firearm, a dangerous or illegal weapon, or an explosive or
incendiary device, unless granted written permission by the court or probation officer;
(III) Meet with a probation officer at reasonable times as directed by the court or probation
officer. Unless inconsistent with other conditions imposed by the court, the court shall allow a
juvenile under the probation officer's supervision to meet with the probation officer at reasonable
times through a telephone call or audio -visual communication technology. Unless inconsistent
with other conditions imposed by the court, in directing that a juvenile meet with a probation
officer at reasonable times, t he court or the probation officer shall schedule, in good faith,
meetings with the juvenile on probation at mutually agreeable times that do not conflict with the
Colorado Revised Statutes 2026
Title 19 - Children's Code
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juvenile's essential obligations, including work, education, job training, dependent care, medical
appointments, and other probation requirements.
(IV) Permit the probation officer to visit the juvenile at reasonable times at the juvenile's
home or elsewhere;
(V) Remain within the jurisdiction of the court, unless granted permission to leave by the
court or the probation officer;
(VI) Answer all reasonable inquiries by the probation officer and promptly notify the
probation officer of any change in address or employment;
(VII) Make restitution as ordered by the court; and
(VIII) and (IX) Repealed.
(X) May be evaluated to determine whether the juvenile would be suitable for restorative
justice practices that would be a part of the juvenile's probation program; except that the court
may not order participation in restorative justice practices if the juvenile was adjudicated a
delinquent for unlawful sexual behavior, as defined in section 16 -22-102 (9); a crime in which
the underlying factual basis involves domestic violence, as defined in section 18 -6-800.3 (1);
stalking, as defined in section 18 -3-602; or violation of a protection order, as defined in section
18-6-803.5.
(b) The court shall use the results from a validated risk and needs assessment adopted by the
committee on juvenile justice reform pursuant to section 24 -33.5-2402, as it existed prior to its
repeal in 2022, to inform the court of additional conditions of probation, as necessary.
(3) (a) The court may periodically review the terms and conditions of probation and the
progress of each juvenile placed on probation. Counsel for the juvenile does not have to be
present at any probation review hearing unless notified by the court that a petition to revoke
probation has been filed.
(b) The court may release a juvenile from probation prior to the completion of the juvenile's
term of probation, pursuant to this section, or modify the terms and conditions of the juvenile's
probation at any time, but a juvenile who has complied satisfactorily with the terms and
conditions of the juvenile's probation for a period of two years must be released from probation
and the jurisdiction of the court terminated.
(4) Before January 1, 2021, the state court administrator shall establish rules to develop a
statewide system of structured community -based graduated responses, including incentives and
sanctions, to guide probation officers in determining how best to motivate positive juvenile
behavior change and the appropriate response to a violation of terms and conditions of juvenile
probation. "Graduated responses" means an accountability -based series of sanctions and services
designed to respond to a juvenile's vi olation of probation quickly, consistently, and
Colorado Revised Statutes 2026
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proportionally and incentives to motivate positive behavior change and successful completion of
probation and treatment goals. Juvenile probation shall adopt and use a state juvenile graduated
responses and incentives system developed pursuant to this subsection (4) or develop and use a
locally developed system that is aligned to best practices. Policies and procedures for the
graduated responses system must:
(a) Include incentives that encourage the completion of treatment milestones as well as
compliance with the terms and conditions of a juvenile's probation and that reward behavior
aligned with the expectations of supervision and the juvenile's case plan; and
(b) Require that a response to a juvenile's violation of the terms and conditions of the
juvenile's supervision take into consideration:
(I) The juvenile's risk to reoffend, as determined by the results of a validated risk and needs
assessment;
(II) The previous history of violations and the underlying cause of the juvenile's behavior
leading to the violation;
(III) The severity of the current violation;
(IV) The juvenile's case plan; and
(V) The juvenile's previous responses to past violations.
(5) Whenever a probation office has reasonable cause to believe that a juvenile has
committed a violation of the terms and conditions of probation and that graduated responses
developed pursuant to subsection (4) of this section have previously been applied, or when the
nature of the violation poses a substantial risk of serious harm to others, the probation officer,
following the approval of the chief probation officer or the chief's designee, shall petition the
court for revocation and shall file written information with the court concerning the juvenile's
violation behavior history and the responses applied using the graduated response system
developed pursuant to subsection (4) of this section.
(6) Unless there is reason to believe that a juvenile would not appear, would interfere with
the juvenile justice process, or poses substantial risk of serious harm to others, the probation
officer shall issue a summons, or other method approved by local court rule, rather than a
warrant when filing a petition for revocation.
(7) The state court administrator shall collect data related to the use of the graduated
responses and incentives system developed pursuant to subsection (4) of this section and report
the data annually to the judiciary committees of the senate and house of representatives, the
health and human services committee of the senate, and the public health care and human
services committee of the house of representatives, or any successor committees, and the chief
justice of the Colorado supreme court. Notwiths tanding section 24 -1-136 (11)(a)(I), the reports
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Title 19 - Children's Code
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to the committees continue indefinitely. Data collected by the state court administrator must
include, at a minimum, the types of responses and incentives that were issued, the number of
formal violations filed, and the behavior resulting in the violation.
(8) (a) When it is alleged that a juvenile has violated the terms and conditions of probation,
and graduated responses have been imposed and exhausted, pursuant to subsection (5) of this
section, the court shall set a hearing on the alleged violation and shall give notice to the juvenile
and the juvenile's parents, guardian, or other legal custodian and any other parties to the
proceeding as provided in section 19-2.5-501.
(b) The juvenile and the juvenile's parents, guardian, or other legal custodian must be given a
written statement concerning the alleged violation, and have the right to be represented by
counsel at the hearing, and are entitled to the issuance of compulsory process for the attendance
of witnesses.
(c) When the juvenile has been taken into custody because of the alleged violation, sections
19-2.5-303, 19-2.5-304, and 19-2.5-305 apply.
(d) (I) The hearing on the alleged violation must be conducted pursuant to section 19-1-106.
(II) Pursuant to section 19-2.5-1103, if the court finds that the juvenile violated the terms and
conditions of probation, it may modify the terms and conditions of probation, revoke probation,
or take such other action permitted by this article 2.5 that is in the best interest of the juvenile
and the public.
(III) If the court finds that the juvenile did not violate the terms and conditions of probation
as alleged, it shall dismiss the proceedings and continue the juvenile on probation under the
terms and conditions previously prescribed.
(e) If the court revokes the probation of a person eighteen years of age or older, in addition to
other action permitted by this article 2.5, the court may sentence the person to the county jail for
a period not to exceed one hundred eighty days, during which time the person may be released
during the day for school attendance, job training, or employment, as ordered by the court;
except that, if the sentence imposed exceeds ninety days, the court shall order the person released
for school attendance, job training, or employment while serving the sentence.
(9) Following specification of the terms and conditions of probation, where the conditions of
probation include requiring the juvenile to attend school, the court shall notify the school district
in which the juvenile is enrolled of the requirement.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 641, § 2,
effective October 1; (2)(a)(VII) amended and (2)(a)(VIII) and (2)(a)(IX) repealed, (HB 21-1315),
ch. 461, p. 3119, § 30, effective October 1. L. 2022: IP(2)(a) and (2)(b) amended, (HB 22-1211),
Colorado Revised Statutes 2026
Title 19 - Children's Code
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ch. 79, p. 394, § 7, effective December 31. L. 2024: (2)(a)(III) amended, (HB 24-1445), ch. 353,
p. 2407, § 6, effective September 1.
Editor's note: This section is similar to former § 19-2-925 as it existed prior to 2021.
Cross references: For the legislative declaration in HB 21 -1315, see section 1 of chapter 461,
Session Laws of Colorado 2021.
ANNOTATION
Law reviews. For article, "Colorado's
New Court System", see 41 Den. L. Ctr. J.
140 (1964). For article, "The Mandate to
Use Special Education at Juvenile
Delinquency Sentencings", see 32 Colo.
Law. 99 (Oct. 2003).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Probation is a privilege rather than a
right, suspending conditionally what might
be a harsher judgment as a contract with the
convicted person, made by a court and
sanctioned by statute, that he may remain
free so long as his conduct is good and he
genuinely attempts to rehabilitate himself.
People in Interest of B.L.M. v. B.L.M., 31
Colo. App. 106, 500 P.2d 146 (1972).
Granting of probation in lieu of
incarceration is act of grace within sound
discretion of juvenile court. In re People in
Interest of D.S., 31 Colo. App. 300, 502 P.2d
95 (1972).
Court's jurisdiction retained until
terminated by court order. A court need
not be apprised of a probation violation
through the timely filing of a petition to
revoke or modify probation to retain
jurisdiction. Jurisdiction is retained until
terminated by court order. People in Interest
of Maddox v. Dist. Court, 198 Colo. 208,
597 P.2d 573 (1979).
Loss of jurisdiction results when the
court signs an order terminating
probation. The plain language of this
section clearly authorizes a juvenile court to
release a probationer before the probationary
period is completed. The court order is a
"release" even if entered by mistake. People
in Interest of M.T., 950 P.2d 669 (Colo. App.
1997).
The Colorado rules of civil procedure
apply only to juvenile matters that are not
governed by the Colorado Children's Code.
Therefore, the people's argument that a
juvenile court's termination order entered by
mistake is without effect pursuant to
C.R.C.P. 60 is inapplicable. People in
Interest of M.T., 950 P.2d 669 (Colo. App.
1997).
Section provides for review of
probation terms. This section provides for
Colorado Revised Statutes 2026
Title 19 - Children's Code
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review of the terms and conditions of
probation at least once each six months.
People in Interest of D.R. v. E.R., 29 Colo.
App. 525, 487 P.2d 824 (1971).
The power of a court to impose
conditions of probation must be strictly
construed from the applicable statutes.
People v. A.F., 192 Colo. 207, 557 P.2d 418
(1976).
Authority to suspend a sentence of
detention entered as a condition of
probation is within the power of the
juvenile court in imposing the conditions of
probation. People in Interest of J.J., 768 P.2d
754 (Colo. App. 1988).
No authority to impose limited
confinement in county jail as condition of
probation. A juvenile court does not have
the statutory authority to impose a limited or
partial confinement in county jail as a
condition of probation for a juvenile under
18 years of age. People v. A.F., 192 Colo.
207, 557 P.2d 418 (1976).
Trial court erred in interpreting § 19-2-
907 (1) as allowing the combination of a
one-year term of commitment followed by
a one-year term of probation. Although the
aggregate length of the combined sentence
imposed by the court did not exceed two
years, the period of commitment exceeded
the 45-day aggregate maximum described in
subsection (1)(a) of this section. People in
Interest of J.S.R., 2014 COA 98M, 338 P.3d
1088.
Section meets requirements of due
process. Because subsection (4) requires
notice and a hearing in cases of alleged
violation of juvenile probation and because
the prosecution must establish the alleged
criminal offense beyond a reasonable doubt,
the statutory scheme by which probation
revocation triggers mandatory sentence
offender status does not deny due process.
People in Interest of D.G., 733 P.2d 1199
(Colo. 1987).
Due process requirements met even
though findings of fact were inadequate
because general record supports
revocation of probation. Even though trial
court's findings of fact concerning ability of
child to pay restitution were inadequate to
revoke probation on that ground, record
supports revocation of child's probation on
other grounds and is consistent with due
process requirements of fundamental
fairness and appellate court will not set aside
revocation where court's general finding is
adequate. People in Interest of C.J.W., 727
P.2d 870 (Colo. App. 1986).
Section provides notice and hearing
before revocation. In the event that a child
violates the terms and conditions of a child
in need of supervision probation, this section
provides for notice to the child, his parents,
guardian, or other legal custodian, and a full
hearing on the matter to determine whether
these conditions and terms were in fact
violated. People in Interest of D.R. v. E.R.,
29 Colo. App. 525, 487 P.2d 824 (1971).
But probation revocation hearings are
not adjudicatory hearings. In re People in
Interest of D.S., 31 Colo. App. 300, 502 P.2d
95 (1972).
And dispositional hearing and social
study not required. Where hearing
emanated from petition to revoke probation
Colorado Revised Statutes 2026
Title 19 - Children's Code
-398-
of child and not from petition for
delinquency adjudication or in need of
supervision, child was not entitled to
dispositional hearing and social study.
People in Interest of B.L.M. v. B.L.M., 31
Colo. App. 106, 500 P.2d 146 (1972).
Question of whether probation shall be
revoked is within sound discretion of
judge. People in Interest of B.L.M. v.
B.L.M., 31 Colo. App. 106, 500 P.2d 146
(1972).
Revocation justified upon commission
of criminal acts. Where a court finds that a
child on probation has committed acts which
if committed by an adult would be crimes,
these findings are sufficient to justify
revocation of probation, and the fact that
they were filed subsequent to the order
recommitting the child and directing
issuance of the mittimus is not prejudicial.
People in Interest of B.L.M. v. B.L.M., 31
Colo. App. 106, 500 P.2d 146 (1972).
Where juvenile court judge is convinced
that minor whose probation terms include
requirements that he violate no law has been
involved in bicycle theft, has been accessory
after or during fact, or has engaged in
joyriding, judge is justified in revoking
probation. In re People in Interest of D.S.,
31 Colo. App. 300, 502 P.2d 95 (1972).
Burden of proof for probation
violations which constitute adult crimes.
Minimal due process guarantees of
fundamentally fair procedures require no
less than proof "beyond a reasonable doubt"
of juvenile probation violations based upon
alleged acts which would constitute crimes
if done by adults. People in Interest of C.B.,
196 Colo. 362, 585 P.2d 281 (1978).
The standard of proof required in juvenile
probation revocation hearings is proof
beyond a reasonable doubt of violations
based upon alleged acts which would
constitute crimes if done by an adult. People
in Interest of G.L., 631 P.2d 1118 (Colo.
1981).
Revocation of probation is not
equivalent to finding of guilt on charges
alleged in revocation petition. In re People
in Interest of D.S., 31 Colo. App. 300, 502
P.2d 95 (1972).
Review of probation violation is
exclusive. As to those acts of a child in
violation of child in need of supervision
probation which are not denominated as acts
of delinquency, the method of review in this
section was intended to be exclusive. People
in Interest of D.R. v. E.R., 29 Colo. App.
525, 487 P.2d 824 (1971).
Effect of breach of probation. A
probationer is charged with the knowledge
that a breach of probationary terms will
result in a revocation of probation and a
subsequent sentence. People in Interest of
B.L.M. v. B.L.M., 31 Colo. App. 106, 500
P.2d 146 (1972).
Revoking juvenile's probation does not
undertake to punish him for new offense.
Rather, it is imposition of sentence for
earlier adjudication. In re People in Interest
of D.S., 31 Colo. App. 300, 502 P.2d 95
(1972).
Standard of proof. The same standard of
proof that obtains in adult probation
Colorado Revised Statutes 2026
Title 19 - Children's Code
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revocation hearings, i.e., beyond a
reasonable doubt, should also apply in
juvenile proceedings. People in Interest of
C.B., 40 Colo. App. 43, 572 P.2d 843
(1977).
Admissibility of hearsay statements. In
probation revocation hearing trial court is
not bound by strict rules of evidence and
even if hearsay statements are improperly
admitted a presumption arises that the
evidence was disregarded and, therefore,
trial court did not err in admitting testimony
which in part consisted of hearsay. People in
Interest of C.J.W., 727 P.2d 870 (Colo. App.
1986).
Alternative dispositions permitted.
When a violation of probation has been
established, the court is permitted a range of
alternative dispositions, including any
delineated in the respective sections of the
code. People in Interest of C.B., 40 Colo.
App. 43, 572 P.2d 840 (1977).
Issue preclusion does not apply to bar
the right of a defendant to a trial where
defendant had been charged with the crime
of driving with a revoked license, which
constituted both a violation of his probation
and a new criminal act. Defendant did not
have a full and fair opportunity to litigate the
issue in the probation revocation hearing. A
determination of guilt or innocence in a
probation revocation hearing would
undermine the function of the criminal trial
process. Byrd v. People, 58 P.3d 50 (Colo.
2002).
Probation revocation hearings are held for
different purposes, governed by different
procedures, and do not protect a defendant's
rights as does a criminal trial. Byrd v.
People, 58 P.3d 50 (Colo. 2002).
Applied in People in Interest of R.J.A.,
38 Colo. App. 346, 556 P.2d 491 (1976).
19-2.5-1109. Juvenile probation standards - development.
(1) Before July 1, 2021, the state court administrator, in consultation with judges, the judicial
branch, district attorneys, defense counsel, the delivery of child welfare services task force
created in section 26 -5-105.8, and other interested parties shall establish statewide standards for
juvenile probation supervision and services that are aligned with research -based practices and
based on the juvenile's risk of reoffending, as determined by a validated risk and needs
assessment tool adopted pursuant to section 24-33.5-2402, as it existed prior to its repeal in 2022.
The state court administrator shall at least annually provide training to juvenile probation on the
adoption and implementation of these standards. Juvenile standards must include, but need not
be limited to:
(a) Guidelines to support juvenile probation in adopting the most effective staffing and
workloads in order to allocate probation resources most appropriately;
(b) Standards for minimum case contacts, including contacts with juveniles as well as their
family members;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(c) (I) Common elements for written individualized case plans for each juvenile placed under
the supervision of a probation officer. In developing such a case plan, juvenile probation shall
use, but need not be limited to:
(A) The results of a validated risk and needs assessment;
(B) The results of a validated mental health screening, and full assessment if conducted;
(C) The trauma, if any, experienced by the juvenile;
(D) The juvenile's education level and any intellectual and developmental disability;
(E) The seriousness of the offense committed by the juvenile; and
(F) Any relevant information provided by the juvenile's family, including the juvenile's pro -
social interests.
(II) A case plan developed pursuant to this section must:
(A) Address the risks the juvenile presents and the juvenile's service needs based on the
results of the validated risk and needs assessment, including specific treatment goals;
(B) Specify the level of supervision and intensity of services that the juvenile must receive;
(C) Provide referrals to treatment providers that may address the juvenile's risks and needs;
(D) Be developed in consultation with the juvenile and the juvenile's family or guardian;
(E) Specify the responsibilities of each person or agency involved with the juvenile; and
(F) Provide for the full reentry of the juvenile into the community.
(d) (I) Criteria and policies for the early termination of the juvenile's supervised probation.
(II) Juvenile probation and the juvenile court shall consider the following factors, among
others, in determining the early termination of supervision:
(A) The seriousness of the offense committed by the juvenile resulting in placement under
the supervision of a probation officer;
(B) The results of a validated risk and needs assessment, which must be conducted at least
every six months to determine whether the juvenile's risk of reoffending or risk scores in key
domains have been reduced;
(C) The juvenile's progress in meeting the goals of the juvenile's individualized case plan;
and
(D) The juvenile's offense history, if any, during the juvenile's probation term.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(e) Common criteria for when juvenile probation officers may recommend the use of out -of-
home placements and commitment to the division of youth services. The court shall consider the
results of a validated risk and needs assessment, a validated mental health screening, and, if
applicable, a full mental health assessment to make decisions concerning the juvenile's
placement.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 644, § 2,
effective October 1. L. 2022: IP(1) and (1)(e) amended, (HB 22 -1211), ch. 79, p. 394, § 8,
effective December 31.
Editor's note: This section is similar to former § 19-2-925.2 as it existed prior to 2021.
19-2.5-1110. Sentencing - requirements imposed on parents - definition.
(1) In addition to any requirements specified in sections 19 -2.5-1103 to 19-2.5-1106, 19-2.5-
1111 to 19 -2.5-1115, 19 -2.5-1117, 19 -2.5-1118, 19 -2.5-1123, and 19 -2.5-1126, any sentence
imposed pursuant to section 19-2.5-1103 may require:
(a) The juvenile or both the juvenile and the juvenile's parent or guardian to perform
volunteer service in the community designed to contribute to the juvenile's rehabilitation or to
the ability of the parent or guardian to provide proper parental care and supervision of the
juvenile;
(b) The juvenile's parent or guardian or both the parent or guardian and the juvenile to attend
the parental responsibility training program described in section 19 -2.5-1411. The court may
make reasonable orders requiring proof of completion of the training course within a certain time
period and may provide that any violation of such orders subjects the parent or guardian to the
contempt sanctions of the court.
(c) The juvenile or both the juvenile and the juvenile's custodial parent or parent with
parental responsibilities or guardian to perform services for the victim pursuant to section 19-2.5-
1106, designed to contribute to the juvenile's rehabilitation, if the victim consents in writing to
such services. However, the value of the services required to be rendered by the parent, guardian,
legal custodian of, or parent with parental responsibilities with respect to the juvenile pursuant to
this subsection (1)(c) must not exceed twenty-five thousand dollars for any one delinquent act.
(2) In addition to any sentence imposed pursuant to section 19 -2.5-1103 or subsection (1) of
this section and regardless of whether the court orders the juvenile to pay restitution pursuant to
section 19-2.5-1104, the court may order:
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(a) The juvenile's guardian or legal custodian or the parent allocated parental responsibilities
with respect to the juvenile to make restitution to one or more victims pursuant to the terms and
conditions set forth in this subsection (2); except that the liability of the juvenile's guardian or
legal custodian or parent allocated parental responsibilities with respect to the juvenile pursuant
to this subsection (2) must not exceed twenty -five thousand dollars for any one delinquent act. If
the court finds, after a hearing, that the juvenile's guardian or legal custodian or the parent
allocated parental responsibilities with respect to the juvenile has made diligent, good -faith
efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall
absolve the guardian or legal custodian or parent allocated parental responsibilities with respect
to the juvenile of liability for restitution pursuant to this subsection (2).
(b) The juvenile's parent, so long as the parent is a party to the delinquency proceedings, to
make restitution to one or more victims pursuant to the terms and conditions set forth in this
subsection (2)(b); except that the liability of the juvenile's parent pursuant to this subsection
(2)(b) must not exceed the amount of twenty -five thousand dollars for any one delinquent act.
Notwithstanding the requirements of this subsection (2), the court may not enter an order of
restitution against a juvenile's parent unless the court, prior to entering the order of restitution,
holds a restitution hearing at which the juvenile's parent is present. If the court finds, after the
hearing, that the juvenile's parent has made diligent, good -faith efforts to prevent or discourage
the juvenile from engaging in delinquent activity, the court shall absolve the parent of liability
for restitution pursuant to this subsection (2)(b). For purposes of this subsection (2)(b), "parent"
is defined in section 19-1-103.
(3) An order of restitution entered pursuant to this section may be collected pursuant to
article 18.5 of title 16.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 646, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-919 as it existed prior to 2021.
ANNOTATION
Law reviews. For article, "Parental
Financial Liability for Juvenile
Delinquents", see 37 Colo. Law. 49 (Nov.
2008).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Three overriding requirements must be
met before a restitution order can be
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Title 19 - Children's Code
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valid: The person who is required to pay
restitution must receive adequate notice that
the victim or the victim's family claims
damages, there must be notice of the amount
of restitution requested, and the person
obligated to pay must be given the
opportunity to controvert the victim's
claimed monetary damages. People in
Interest of J.L.R., 895 P.2d 1151 (Colo. App.
1995).
Restitution order was entered without
adequate notice or an opportunity to be
heard since the parent did not receive notice
of her potential liability nor of her
opportunity to challenge the validity of the
amounts sought. People in Interest of J.L.R.,
895 P.2d 1151 (Colo. App. 1995).
Legislative intent underlying this
section is that whenever possible,
restitution should be required. People v.
T.R., 860 P.2d 559 (Colo. App. 1993).
Former subsection (4) (now subsection
(2)) and § 13 -21-107 (2) do not limit a
parent's restitution obligation to $3,500
per delinquent act; rather, the "one
delinquent act" limitation in that subsection,
when read in conjunction with the "any
person" language in § 13 -21-107 provides
that parental restitution payments cannot
exceed $3,500 to each person entitled to
restitution as a result of each delinquent act.
People in Interest of J.L.R., 895 P.2d 1151
(Colo. App. 1995).
Court not authorized to order a jail
sentence against a parent pursuant to this
section. People v. J.M., 22 P.3d 545 (Colo.
App. 2000).
19-2.5-1111. Sentencing - community accountability program.
Except as otherwise required by section 19 -2.5-1127, the court may sentence the juvenile to
participate in the community accountability program as set forth in section 19 -2.5-1410. Such a
sentence is a condition of probation for higher -risk juveniles who would have otherwise been
sentenced to detention or out -of-home placement or committed to the department of human
services. A sentence pursuant to this section is conditioned on the availability of space in the
community accountability program and on a determination by the division of youth services that
the juvenile's participation in the program is appropriate. In the event that the division of youth
services determines the program is at maximum capacity or that a juvenile's participation is not
appropriate, the juvenile must be ordered to return to the sentencing court for another sentencing
hearing.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 647, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-914 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-2.5-1112. Sentencing - placement with relative.
Except as otherwise required by section 19 -2.5-1127 for an aggravated juvenile offender, the
court may place the juvenile in the legal custody of a relative or other suitable person under such
conditions as the court may impose, which may include placing the juvenile on probation
pursuant to section 19-2.5-1106 or under protective supervision.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 647, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-912 as it existed prior to 2021.
19-2.5-1113. Sentencing - alternative services - detention.
Except as otherwise required by section 19 -2.5-1127 for an aggravated juvenile offender and
except as required by section 19 -2.5-1123, the court may sentence the juvenile to alternative
services funded through section 19 -2.5-1404 or other alternative services programs. If a juvenile
who is thirteen years of age or older fails to make satisfactory progress in the alternative services
to which the juvenile is sentenced or if the court finds that a sentence to alternative services
would be contrary to the community interest, the court may sentence a juvenile adjudicated for
an offense that would constitute a class 3, class 4, class 5, or class 6 felony or a misdemeanor
weapons charge if committed by an adult to detention for a period not to exceed forty -five days.
Release for purposes of work, therapy, education, or other good cause may be granted by the
court. The court may not sentence to detention a juvenile adjudicated for an offense that would
constitute a class 1 or class 2 felony if committed by an adult.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 648, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-911 (1) as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-2.5-1114. Sentencing - placement based on special needs of the juvenile.
(1) Except as otherwise required by section 19 -2.5-1127 for an aggravated juvenile offender,
the court may order that the juvenile be examined or treated by a physician, surgeon, psychiatrist,
or psychologist or that the juvenile receive other special care and may place the juvenile in a
hospital or other suitable facility for such purposes; except that a juvenile may not be placed in a
mental health facility operated by the department of human services until the juvenile has
received a mental health placement prescreening resulting in a recommendation that the juvenile
be placed in a facility for an evaluation pursuant to section 27-65-106, or a hearing has been held
by the court after notice to all parties, including the department of human services. An order for
an emergency mental health hold must not be entered unless a hearing is held and evidence
indicates that the prescreening report is inadequate, incomplete, or incorrect and that competent
professional evidence is presented by a mental health professional that indicates that the juvenile
has a behavioral or mental health disorder. The court shall make, prior to the hearing, orders
regarding temporary custody of the juvenile as are deemed appropriate.
(2) Placement in any mental health facility operated by the department of human services
must continue for such time as ordered by the court or until the professional person in charge of
the juvenile's treatment concludes that the treatment or placement is no longer appropriate. If
placement or treatment is no longer deemed appropriate, the court must be notified and a hearing
held for further disposition of the juvenile within five days excluding Saturdays, Sundays, and
legal holidays. The court shall make, prior to the hearing, orders regarding temporary custody of
the juvenile as are deemed appropriate.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 648, § 2,
effective October 1. L. 2022: (1) amended, (HB 22 -1256), ch. 451, p. 3231, § 32, effective
August 10.
Editor's note: This section is similar to former § 19-2-916 as it existed prior to 2021.
19-2.5-1115. Sentencing - legal custody - county department of human or social services.
Except as otherwise required by section 19 -2.5-1127 for an aggravated juvenile offender, the
court, following the criteria for out -of-home placement established pursuant to section 19 -2.5-
1404, may place legal custody of the juvenile in the county department of human or social
services.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 648, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-915 as it existed prior to 2021.
19-2.5-1116. Orders - community placement - reasonable efforts required - reviews.
(1) If the court orders legal custody of a juvenile to a county department of human or social
services pursuant to this article 2.5, the order must contain specific findings as follows:
(a) Whether placement of the juvenile out of the home would be in the juvenile's and the
community's best interests;
(b) Whether reasonable efforts have been made to prevent or eliminate the need for removal
of the juvenile from the home, whether it is reasonable that such efforts are not made because an
emergency situation exists that requires the immediate removal of the juvenile from the home, or
whether such efforts are not required because of circumstances described in section 19-1-115 (7);
and
(c) Whether reasonable efforts have been made to identify kin or a suitable adult with whom
to place the juvenile.
(2) For all hearings and reviews concerning the juvenile, the court shall ensure that notice is
provided to the juvenile and to the following persons with whom the juvenile is placed:
(a) Foster parents;
(b) Pre-adoptive parents;
(c) Relatives; or
(d) Kin, as defined in section 19-1-103.
(3) (a) Every six months after the sentencing hearing held pursuant to section 19 -2.5-1102,
the court shall hold a hearing to review an order of community placement or, if there is no
objection by a party to the action, the court may require the department of human services to
conduct an administrative review. The entity scheduling the review shall provide notice of the
review to the juvenile; the juvenile's parents or guardian; any service providers working with the
juvenile; the juvenile's guardian ad litem, if one has been appointed; and all attorneys of record
to allow appearances of any of said persons at the review. At the review conducted pursuant to
this subsection (3), the reviewing entity shall determine whether:
(I) Continued community placement is in the best interests of the juvenile and the
community;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(II) The juvenile's safety is protected in the community placement;
(III) Reasonable efforts have been made to return the juvenile to the home or the juvenile
should be permanently removed from the home;
(IV) Continued community placement is necessary and appropriate;
(V) There has been compliance with the juvenile's case plan;
(VI) Progress has been made toward alleviating or mitigating the causes that necessitated the
community placement; and
(VII) There is a date projected by which the juvenile will be returned and safely maintained
in the home, placed for legal guardianship, or placed in a planned permanent living arrangement.
(b) If the juvenile resides in an out -of-state placement, the entity conducting the review shall
make a determination that the out -of-state placement continues to be appropriate and in the best
interests of the juvenile.
(4) (a) If the juvenile is in the legal custody of a county department and is placed in a
community placement for a period of twelve months or longer, the district court, another court of
competent jurisdiction, or an administrative body appointed or approved by the court that is not
under the county department's supervision shall conduct a permanency hearing within twelve
months and every twelve months thereafter for as long as the juvenile remains in community
placement. At the permanency hearing, the entity conducting the hearing shall determine
whether:
(I) Continued community placement is in the best interests of the juvenile and the
community;
(II) The juvenile's safety is protected in the community placement;
(III) Reasonable efforts have been made to finalize the juvenile's permanency plan that is in
effect at that time;
(IV) Continued community placement is necessary and appropriate;
(V) There has been compliance with the juvenile's case plan;
(VI) Progress has been made toward alleviating or mitigating the causes that necessitated the
community placement;
(VII) There is a date projected by which the juvenile will be returned and safely maintained
in the home, placed for legal guardianship, or placed in a planned permanent living arrangement;
and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-408-
(VIII) Procedural safeguards to preserve parental rights have been applied in connection with
the removal of the juvenile from the home, any change in the juvenile's community placement, or
any determination affecting family time.
(b) If the juvenile resides in an out -of-state placement, the entity conducting the review shall
make a determination that the out -of-state placement continues to be appropriate and in the best
interests of the juvenile.
(c) The entity conducting the permanency hearing shall consult with the juvenile, in an age -
appropriate manner, concerning the juvenile's permanency plan.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 649, § 2,
effective October 1. L. 2023: IP(4)(a) and (4)(a)(VIII) amended, (HB 23-1027), ch. 284, p. 1681,
§ 11, effective June 1.
Editor's note: This section is similar to former § 19-2-906.5 as it existed prior to 2021.
Cross references: For the legislative declaration in HB 23 -1027, see section 1 of chapter 284,
Session Laws of Colorado 2023.
19-2.5-1117. Sentencing - commitment to the department of human services -
definitions.
(1) (a) Except as otherwise required in subsection (6) of this section and section 19 -2.5-1127
for an aggravated juvenile offender, the court may commit a juvenile to the department of human
services for a determinate period of up to two years if the juvenile is adjudicated for an offense
that would constitute a felony or a misdemeanor if committed by an adult; except that, if the
juvenile is younger than twelve years of age and is not adjudicated an aggravated juvenile
offender, the court may commit the juvenile to the department of human services only if the
juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if
committed by an adult. If the court commits a justice -engaged student, as defined in section 22 -
108-102, to the department of human services for any offense that does not include a physical
threat or bodily injury to another person, the court is encouraged to order that the commitment
take place in a manner that allows the justice -engaged student to continue to attend school prior
to commitment to avoid disruption of the justice-engaged student's academic progress and ability
to achieve credits for a semester. When possible, the court may order commitment as follows:
Colorado Revised Statutes 2026
Title 19 - Children's Code
-409-
(I) If the sentencing takes place in the fall semester, the justice -engaged student may remain
in school to complete the fall semester and begin commitment at the beginning of the spring
semester;
(II) If the sentencing takes place in the spring semester, the justice -engaged student may
remain in school to complete the spring semester and begin commitment at the beginning of the
summer semester; and
(III) If the sentencing takes place in the summer semester, the justice -engaged student may
remain in school to complete the summer semester and begin commitment at the beginning of
the fall semester.
(b) Any commitment to the department of human services pursuant to section 19-2.5-1127 or
subsection (1)(a) of this section must be followed by a mandatory period of parole of six months,
unless the period of parole is extended by the juvenile parole board pursuant to section 19 -2.5-
1203 (5).
(c) For purposes of this section:
(I) "Determinate period" is defined in section 19-2.5-102.
(II) "Period of parole" means the period between the parole period start date and the parole
period end date as determined by the juvenile parole board. The period of parole applies to both
mandatory six-month parole and extended parole pursuant to section 19-2.5-1203 (5). The period
of parole continues unless the juvenile is deemed to be on escape status, parole has been
suspended pursuant to section 19-2.5-1203, or the juvenile returns to commitment status pursuant
to section 19 -2.5-1206. In such circumstances, the period of parole stops until the juvenile has
returned to parole status.
(d) Notwithstanding any other provision of this section, a local education provider retains the
right to suspend or expel a justice -engaged student pursuant to sections 22 -33-105 and 22 -33-
106.
(2) A juvenile committed to the department of human services may be placed in the Lookout
Mountain school, the Mount View school, or any other training school or facility, or any other
disposition may be made that the department may determine as provided by law.
(3) (a) When a juvenile is committed to the department of human services, the court shall
transmit, with the commitment order, a copy of the petition, the order of adjudication, copies of
the social study, any clinical or educational reports, and other information pertinent to the
juvenile's care and treatment.
(b) The department of human services shall provide the court with any information
concerning a juvenile committed to its care that the court at any time may require.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-410-
(4) (a) When a court commits a juvenile to the state department of human services pursuant
to this article 2.5, the court shall make the following specific determinations:
(I) Whether placement of the juvenile outside the home would be in the juvenile's and
community's best interest; and
(II) Whether reasonable efforts have been made to prevent or eliminate the need for removal
of the juvenile from the home; whether it is reasonable that such efforts are not made because an
emergency situation exists that requires the immediate removal of the juvenile from the home; or
whether such efforts are not required because of circumstances described in section 19-1-115 (7).
(III) How to assist in the evaluation of the impact of Colorado's implementation of the
federal "Family First Prevention Services Act" on the state's juvenile justice system and make a
finding of whether the lack of available and appropriate congregate care placements is a
contributing factor in committing a juvenile to the division of youth services.
(b) If a juvenile is making a transition from the legal custody of a county department of
human or social services to commitment with the state department of human services, the court
shall conduct a permanency hearing in combination with the sentencing hearing. The court shall
consider multidisciplinary recommendations for sentencing and permanency planning. In
conducting such a permanency hearing, the court shall make determinations pursuant to section
19-2.5-1116 (4)(a).
(5) (a) The department of human services shall designate receiving centers for juveniles
committed to the department.
(b) If the department of human services makes a change in the designation of a receiving
center, it shall notify the juvenile courts at least thirty -five days prior to the date that the change
takes effect.
(6) (a) Pursuant to section 19 -2.5-1103, commitment of a juvenile to the department of
human services must be for a determinate period.
(b) (I) The juvenile court may commit any juvenile adjudicated as an aggravated juvenile
offender pursuant to section 19 -2.5-1127 for an offense other than an offense that would
constitute a class 1 or class 2 felony if committed by an adult to the department of human
services for a determinate period of up to five years.
(II) The juvenile court shall commit any juvenile adjudicated as an aggravated juvenile
offender pursuant to section 19 -2.5-1127 for an offense that would constitute a class 2 felony if
committed by an adult to the department of human services for a determinate period of at least
three but not more than five years.
(III) The juvenile court shall commit any juvenile adjudicated as an aggravated juvenile
offender pursuant to section 19 -2.5-1127 for an offense that would constitute a class 1 felony if
Colorado Revised Statutes 2026
Title 19 - Children's Code
-411-
committed by an adult to the department of human services for a determinate period of at least
three but not more than seven years.
(c) The juvenile court may commit any juvenile who is not adjudicated an aggravated
juvenile offender pursuant to section 19 -2.5-1127 but who is adjudicated for an offense that
would constitute a felony or a misdemeanor to the department of human services, and the
determinate period of commitment must not exceed two years; except that, if the juvenile is ten
or eleven years of age and is not adjudicated an aggravated juvenile offender pursuant to section
19-2.5-1127, the juvenile may be committed to the department of human services only if the
juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if
committed by an adult.
(7) (a) On or before January 1, 2021, the department of human services, in consultation with
the committee on juvenile justice reform established pursuant to section 24 -33.5-2401, as it
existed prior to its repeal in 2022, shall develop a length of stay matrix and establish criteria to
guide the release of juveniles from a state facility that are based on:
(I) A juvenile's risk of reoffending, as determined by the results of a validated risk and needs
assessment adopted pursuant to section 24 -33.5-2402 (1)(a), as it existed prior to its repeal in
2022;
(II) The seriousness of the offense for which the juvenile was adjudicated delinquent;
(III) The juvenile's progress in meeting treatment goals; and
(IV) Other criteria as determined by the department.
(b) In making release and discharge decisions, the department of human services shall use
the matrix and release criteria developed pursuant to this subsection (7).
(8) For all hearings and reviews concerning a juvenile who is committed to the department
of human services, the entity conducting the hearing or review shall ensure that notice is
provided to the juvenile and to any of the following persons with whom the juvenile is placed:
(a) Foster parents;
(b) Pre-adoptive parents; or
(c) Relatives.
(9) The department of human services may petition the committing court to extend the
commitment for an additional period not to exceed two years. The petition must set forth the
reasons why it would be in the best interest of the juvenile or the public to extend the
commitment. Upon filing the petition, the court shall set a hearing to determine whether the
petition should be granted or denied and shall notify all interested parties.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-412-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 651, § 2,
effective October 1. L. 2022: IP(7)(a), (7)(a)(I), and (7)(a)(IV) amended, (HB 22 -1211), ch. 79,
p. 395, § 9, effective December 31. L. 2024: (1)(a) amended and (1)(d) added, (HB 24-1216), ch.
314, p. 2115, § 4, effective August 7.
Editor's note: This section is similar to former §§ 19 -2-909 and 19 -2-921 (1), (1.5), (2), (3),
(3.3), (3.5), and (4) as they existed prior to 2021.
Cross references: For the federal "Family First Prevention Services Act", see Pub.L. 115-123.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Acts not grounds for delinquency do
not support commitment to institution for
delinquents. It would be contrary to the
obvious legislative intent to allow a child to
be committed to an institution for juvenile
delinquents where the only acts alleged,
violation of child in need of supervision
probation, were those which were not, in
and of themselves, grounds for an
adjudication of delinquency and for which
the statute already provides a comprehensive
and complete procedure for review and
punishment. People in Interest of D.R. v.
E.R., 29 Colo. App. 525, 487 P.2d 824
(1971).
Exclusive placement power in
department. When the terms of this section
are given their ordinary and generally
accepted meaning, it appears that the general
assembly has bestowed upon the department
of institutions the exclusive power to place a
delinquent in a particular facility once that
child has been committed by the court to the
department. Leidig v. Delaney, 189 Colo.
186, 539 P.2d 1264 (1975).
Juvenile court correctly noted that the
maximum sentence the juvenile court can
impose under the Colorado Children's Code
in the first instance is two years. People v.
Rivera, 968 P.2d 1061 (Colo. App. 1997).
19-2.5-1118. Sentencing - persons eighteen years of age or older - county jail -
community corrections - definitions.
(1) Except as otherwise required by section 19 -2.5-1127 for an aggravated juvenile offender,
the court may commit a person eighteen years of age or older but less than twenty -one years of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-413-
age to the department of human services if the person is adjudicated a juvenile delinquent for an
act committed prior to the person's eighteenth birthday or upon revocation of probation.
(2) Except as otherwise required by section 19 -2.5-1127 for an aggravated juvenile offender,
the court may sentence a person who is eighteen years of age or older on the date of a sentencing
hearing to the county jail for a period not to exceed six months or to a community correctional
facility or program for a period not to exceed one year, which may be served consecutively or in
intervals, if the person is adjudicated a juvenile delinquent for an act committed prior to the
person's eighteenth birthday.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 654, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-910 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Trial court cannot impose a more severe
penalty upon a juvenile adjudicated a
delinquent child than such child could have
received as an adult for commission of the
same offense. People in Interest of A.L., 713
P.2d 934 (Colo. App. 1985).
Trial court, once having committed an
individual to the custody of the department
of institutions pursuant to former § 19-2-703
(1)(a), may not limit the department's
discretion regarding placement of that
individual. McDonnell v. Juvenile Court,
864 P.2d 565 (Colo. 1993).
Where a person is adjudicated a
delinquent child at age 17 and is 18 at the
time of the dispositional order, equal
protection is not violated where the juvenile
court retains jurisdiction and proceeds with
disposition, even though similarly situated
adults are subject to different sanctions
contained in the Colorado Criminal Code.
People in Interest of M.C., 774 P.2d 857
(Colo. 1989).
A court may place legal custody with
the department of human services only if,
concurrently, physical placement outside
the home is authorized. People in Interest
of C.A.G., 903 P.2d 1229 (Colo. App. 1995).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-2.5-1118.5. Sentencing - alternative options for pregnant and postpartum juveniles -
legislative declaration - definitions.
(1) (a) The general assembly finds and declares that:
(I) While no system is perfect in responding to the medical conditions of pregnancy, juvenile
facilities are particularly ill-equipped to do so;
(II) During juvenile delinquency cases involving a pregnant or postpartum juvenile, the
physical and mental health needs of the pregnant juvenile or postpartum juvenile and newborn
must be considered at all stages of the proceeding as a matter of community health and safety;
(III) Timely attention to medical conditions and mental health during the perinatal period can
improve health and welfare for multiple generations of a family unit;
(IV) Pregnancy is a time -sensitive process that has many potential outcomes and variations.
A pregnant person may feel healthy and experience no complications. A pregnant person may
also experience sudden, harmful medical conditions, such as preeclampsia or placental abruption,
or develop complex medical conditions that result in the early termination of a pregnancy or
threaten the life of the pregnant person, such as an ectopic pregnancy. At any stage of the
perinatal period, situations can occur that cause long -term physical and mental health trauma for
the pregnant person.
(V) Adjudicatory proceedings are not responsive to the timeline or complexity of the
perinatal period;
(VI) When a substance use disorder intersects with a pregnancy, it is best handled as a health
condition. Increasing the time a pregnant person with a substance use disorder is in a juvenile
facility is counter to public health and may drive the pregnant person away from medical care
and support services.
(VII) The end of pregnancy does not immediately terminate the effects of the pregnancy on
the person who was pregnant;
(VIII) The postpartum period is an essential time frame for both the person who gave birth
and the newborn. It is an opportunity for the newborn:
(A) To develop healthy physiologic responses; and
(B) To benefit from the attachment and bonding that occurs during this period;
(IX) Bonding between a newborn and parent during the postpartum period can improve
conditions for other children and care providers in the same family unit and prevent child abuse
and neglect; and
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(X) Bonding between a newborn and a parent can improve the overall health of the newborn
and the parent and may prevent or reduce long -term health risks that may be increased by
separating the newborn from the parent. For example:
(A) A postpartum person who does not breastfeed or chestfeed a newborn may have an
increased likelihood of premenopausal breast cancer, ovarian cancer, or type 2 diabetes;
(B) A newborn who is not breastfed or chestfed may have an increased likelihood of
childhood obesity, asthma, type 1 or type 2 diabetes, leukemia, or sudden infant death syndrome;
and
(C) A child who is separated from any parent may experience stress hormones, which may
lead to difficulty sleeping, developmental regression, heart disease, hypertension, obesity,
diabetes, or decreased life span. A newborn who is separated from a parent may also experience
permanent architectural changes in the brain, including a lower intelligence quotient or an
increased likelihood of depression, suicidal ideation, or addiction to alcohol or gambling.
(b) The general assembly finds, therefore, that all alternatives to juvenile proceedings,
adjudication, and commitment of a pregnant or postpartum juvenile must be considered,
including a stay of criminal proceedings or sentencing to reduce the likelihood of negative health
and social outcomes for the parent, newborn child, and community.
(c) It is the intent of the general assembly that a person who coerces or extorts a pregnant or
postpartum person in the commission of crimes should be subject to being investigated and, as
appropriate, prosecuted for a criminal act pursuant to title 18.
(2) As used in this section, unless the context otherwise requires:
(a) "Juvenile" means a person who is under eighteen years of age when the delinquent act is
committed and under twenty-one years of age at the time of sentencing.
(b) "Newborn" means a person who has been born and who is less than one year old.
(c) "Postpartum period" means a period of one year after the end of a pregnancy, regardless
of whether the pregnancy ends with a live birth.
(d) "Pregnant or postpartum juvenile" means a juvenile who is pregnant or in a postpartum
period who has been accused of a delinquent act.
(e) "Stay of execution" means delaying the imposition of a sentence or the commitment
portion of the sentence for a pregnant or postpartum juvenile after it is announced by a court.
(3) (a) There is a rebuttable presumption against detention and commitment of a pregnant or
postpartum juvenile if the juvenile provides the court and district attorney with notice of the
juvenile's status as a pregnant or postpartum juvenile at each applicable stage of the proceedings.
Subject to subsection (5) of this section and if the court decides to detain or commit the pregnant
Colorado Revised Statutes 2026
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or postpartum juvenile after weighing the applicable legal standards and considerations set forth
in subsections (3)(a)(I) to (3)(a)(VI) of this section, the court shall make specific findings on the
record that the risk to public safety or any other factor the court is required to consider is
substantial enough to outweigh the risk of detention or commitment. The court shall apply the
rebuttable presumption described in this subsection (3)(a) to a pregnant or postpartum juvenile in
determining whether to:
(I) Issue bond pursuant to section 19-2.5-306;
(II) Accept entry into the juvenile diversion program pursuant to section 19-2.5-402;
(III) Accept or continue deferred judgments pursuant to section 18-1.3-102;
(IV) Impose a sentence pursuant to section 19 -2.5-1103, including whether to grant juvenile
probation pursuant to section 19-2.5-1106;
(V) Impose an alternative sentence pursuant to section 19-2.5-1113; or
(VI) Grant a stay of execution pursuant to this section.
(b) A court shall not use a pregnant or postpartum juvenile's pregnancy or postpartum period
as a basis for imposing a greater restriction on the juvenile's liberty than a similarly situated
juvenile who is not pregnant or postpartum, including circumstances in which a pregnant or
postpartum juvenile has a substance use disorder.
(4) (a) A juvenile who may be pregnant who is arrested or in custody in a juvenile facility
may request a pregnancy test upon or following admission to the juvenile facility. Staff at the
juvenile facility shall provide a pregnancy test upon request and allow the juvenile to take the
pregnancy test within twenty-four hours after the request.
(b) Requesting a pregnancy test, taking a pregnancy test, and the results of a pregnancy test
are confidential medical information. This confidential medical information must not be
disclosed to outside parties unless the information is required for the juvenile to receive medical
care or to allow staff at the juvenile facility to provide necessary care.
(c) If a juvenile is represented by an attorney in a criminal proceeding and the juvenile
facility has a signed medical release from the juvenile, the juvenile facility shall notify the
juvenile's attorney within forty -eight hours, excluding state holidays and weekends, concerning
the juvenile's request for a pregnancy test pursuant to subsection (4)(a) of this section.
(5) (a) A pregnant or postpartum juvenile may raise that the juvenile is pregnant or
postpartum at any time during adjudicatory proceedings or while serving a sentence. If the
pregnancy or postpartum period is raised, the pregnant or postpartum juvenile shall provide
notice to the district attorney by providing evidence of the pregnancy or the start of the
postpartum period with a limited waiver of privilege. A positive pregnancy test or medical record
Colorado Revised Statutes 2026
Title 19 - Children's Code
-417-
confirming pregnancy or the end of pregnancy, or a birth certificate of a newborn, is prima facie
evidence of pregnancy or the start of the postpartum period.
(b) If the prosecution contests that the juvenile is pregnant or postpartum, the court shall hold
a hearing to make a determination as soon as practicable, but no later than fourteen days after the
issue is raised, unless the juvenile requests the hearing be held later than fourteen days after the
issue is raised. If the juvenile requests a later hearing, the court shall make the determination
within the timeline as requested. The court shall hold the hearing immediately if the
circumstances of the juvenile or the juvenile's newborn require it. The juvenile shall prove, by a
preponderance of the evidence, that the juvenile is a pregnant or postpartum juvenile.
(c) The court shall protect medical information provided to the court as confidential medical
information. A juvenile's waiver of medical privilege to present medical evidence of pregnancy
or the end of a pregnancy in court is limited to information relevant to determine whether the
juvenile is or was pregnant and whether the pregnancy has ended.
(6) (a) Notwithstanding the provisions of this section, a court shall not:
(I) Set or release the pregnant or postpartum juvenile on bond if the pregnant or postpartum
juvenile is ineligible for bond;
(II) Accept or impose an alternative sentence if the pregnant or postpartum juvenile is
ineligible for a diversion program, deferred judgment, probationary sentence, or another form of
alternative sentence; or
(III) Apply the rebuttable presumption pursuant to this section if a pregnant or postpartum
juvenile was adjudicated of a crime of violence, as defined in section 18-1.3-406 (2).
(b) The court shall impose any mandatory sentence required by law on a pregnant or
postpartum juvenile, but the court may grant a stay of execution as set forth in subsection (7) of
this section.
(7) (a) Any pregnant or postpartum juvenile may request a stay of execution by filing a
written request to the court if the pregnant or postpartum juvenile is detained or committed in a
juvenile facility for any period of time through the end of the pregnancy or the postpartum
period.
(b) The court shall hold a hearing to determine the matter as soon as practicable, but no later
than fourteen days after the pregnant or postpartum juvenile requests a stay of execution, unless
the pregnant or postpartum juvenile requests a later hearing. If the pregnant or postpartum
juvenile requests a later hearing, the court shall make the determination within the timeline
requested. The court shall hold the hearing immediately if the circumstances of the pregnant or
postpartum juvenile or newborn require it. The juvenile shall prove, by a preponderance of the
evidence, that the juvenile is a pregnant or postpartum juvenile.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(c) In ruling upon the pregnant or postpartum juvenile's request pursuant to subsection (7)(b)
of this section, the court shall apply the rebuttable presumption set forth in subsection (3)(a) of
this section.
(d) The district attorney and the court shall comply with the requirements of the "Victim
Rights Act" pursuant to part 3 of article 4.1 of title 24 in any proceeding conducted pursuant to
this section.
(e) Following the hearing conducted pursuant to subsection (7)(b) of this section, the court
may order a stay of execution of the sentence for any period of time through the end of the
pregnancy or the postpartum period. The court shall order a date, time, and place for the juvenile
to appear to serve the sentence upon completion of the stay of execution.
(f) If the court grants a stay of execution pursuant to subsection (7)(e) of this section, the
court shall order the bond and the conditions of the bond to remain in effect until the date the
pregnant or postpartum juvenile is ordered to start serving the juvenile's sentence.
(g) Notwithstanding this section, a pregnant or postpartum juvenile who is ineligible for bail
pursuant to section 19-2.5-306 is not eligible for a stay of execution.
(h) If the pregnant or postpartum juvenile is charged with a new violation or the court
receives a verified motion from the district attorney or any agency responsible for supervising
the pregnant or postpartum juvenile that establishes a prima facie case that the pregnant or
postpartum juvenile has violated the conditions of the stay of execution and presents a substantial
risk to public safety, the court shall set a hearing and require the pregnant or postpartum juvenile
to appear. After the hearing, the court may end the stay of execution, add new conditions, issue a
warrant, or continue the stay of execution.
(8) If a juvenile who is sentenced to detention or commitment learns that the juvenile is
pregnant following the sentencing hearing, or a postpartum juvenile experiences changes to the
juvenile's postpartum condition following the sentencing hearing, this section does not preclude
the pregnant or postpartum juvenile from requesting reduction of the sentence pursuant to rule 35
(b) of the Colorado rules of criminal procedure. During the reconsideration hearing, this section
applies.
Source: L. 2023: Entire section added, (HB 23 -1187), ch. 246, p. 1342, § 7, effective August
7.
19-2.5-1119. Genetic testing of adjudicated offenders - definitions.
(1) Beginning July 1, 2007, each of the following adjudicated offenders shall submit to
collection and a chemical testing of the offender's biological substance sample to determine the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-419-
offender's genetic markers, unless the offender has already provided a biological substance
sample for such testing pursuant to a statute of this state:
(a) Every offender who, on or after July 1, 2007, is in the custody of the department of
human services for a commitment imposed before that date, including an offender on parole,
based on adjudication for an offense involving unlawful sexual behavior, or for which the
underlying factual basis involved an offense involving unlawful sexual behavior. The department
shall collect the sample as soon as possible.
(b) Every offender who, on or after July 1, 2007, is on probation or supervision for a
sentence that was imposed before that date, or is on a deferred adjudication that was before that
date, for an offense involving unlawful sexual behavior or for which the factual basis involved an
offense involving unlawful sexual behavior. The judicial department shall collect the sample at
least thirty-five days prior to the offender's scheduled termination of probation, supervision, or
deferred adjudication.
(c) Every offender who, on or after July 1, 2007, is in a county jail or a community
corrections facility for a sentence imposed before that date based on adjudication for an offense
that would constitute a felony if committed by an adult. The sheriff or the community corrections
program shall collect the sample at least thirty -five days prior to the offender's release from the
custody of the county jail or community corrections facility.
(d) Every offender who, on or after July 1, 2007, is in a county jail or a community
corrections facility for a sentence imposed before that date based on adjudication for a
misdemeanor offense involving unlawful sexual behavior or for which the factual basis involved
an offense involving unlawful sexual behavior. The sheriff or the community corrections
program shall collect the sample at least thirty -five days prior to the offender's release from the
custody of the county jail or community corrections facility.
(e) Every offender sentenced on or after July 1, 2007, for an offense that would constitute a
felony if committed by an adult. This subsection (1)(e) does not apply to an offender granted a
deferred adjudication, unless otherwise required to submit to a sample pursuant to this section or
unless the deferred adjudication is revoked and a sentence is imposed. The sample must be
collected:
(I) From an offender committed to the department of human services, by the department
during the intake process but in any event within thirty-five days after the offender is received by
the department;
(II) From an offender sentenced to county jail or to community corrections, by the sheriff or
by the community corrections program within thirty -five days after the offender is received into
the custody of the county jail or the community corrections facility;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(III) From an offender sentenced to probation, by the judicial department within thirty -five
days after the offender is placed on probation; and
(IV) From an offender who receives any other sentence, by the judicial department within
thirty-five days after the offender is sentenced.
(f) Every offender who, on or after July 1, 2007, is sentenced for an adjudication of, or who
receives a deferred adjudication for, an offense involving unlawful sexual behavior or for which
the underlying factual basis involves unlawful sexual behavior. The sample must be collected:
(I) From an offender committed to the department of human services, by the department
during the intake process but in any event within thirty-five days after the offender is received by
the department;
(II) From an offender sentenced to county jail or community corrections, by the sheriff or by
the community corrections facility within thirty -five days after the offender is received into the
custody of the county jail or the community corrections facility;
(III) From an offender sentenced to probation, by the judicial department within thirty -five
days after the offender is placed on probation;
(IV) From an offender who receives a deferred adjudication, by the judicial department
within thirty-five days after the offender is granted the deferred adjudication; and
(V) From an offender who receives any other sentence, by the judicial department within
thirty-five days after the offender is sentenced.
(2) An order for payment toward the cost of care entered by the court pursuant to subsection
(1) of this section constitutes a judgment enforceable by the state or the governmental agency
that would otherwise incur the cost of care for the juvenile in the same manner as are civil
judgments.
(a) "Adjudicated" means having received a verdict of guilty by a judge or jury or having pled
guilty or nolo contendere. Except where otherwise indicated, "adjudicated" does not include
deferred adjudication unless the deferred adjudication is revoked and a sentence is imposed.
(b) "Unlawful sexual behavior" has the same meaning as in section 16-22-102 (9).
(3) The judicial department, the department of human services, a sheriff, or a contractor may:
(a) Use reasonable force to obtain biological substance samples in accordance with this
section using medically recognized procedures. In addition, an offender's refusal to comply with
this section may be grounds for revocation or denial of parole, probation, or deferred
adjudication.
(b) Collect biological substance samples notwithstanding that the collection was not
accomplished within an applicable deadline set forth in this section.
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(4) Repealed.
(5) The Colorado bureau of investigation shall conduct the chemical testing of the biological
substance samples obtained pursuant to this section. The Colorado bureau of investigation shall
file and maintain the results of the chemical testing of biological samples obtained pursuant to
this section and shall furnish the results to a law enforcement agency upon request. The Colorado
bureau of investigation shall store and preserve all biological substance samples obtained
pursuant to this section.
(6) A juvenile must not be charged a processing fee for the procurement and analysis of
samples described in this section.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 654, § 2,
effective October 1; IP(1) and (3)(a) amended, (4) repealed, and (6) added, (HB 21 -1315), ch.
461, p. 3117, § 26, effective October 1.
Editor's note: This section is similar to former § 19-2-925.6 as it existed prior to 2021.
Cross references: For the legislative declaration in HB 21 -1315, see section 1 of chapter 461,
Session Laws of Colorado 2021.
ANNOTATION
Annotator's note. The following
annotations include a case decided under a
former provision similar to this section.
A juvenile offender granted a deferred
adjudication supervised by probation, by
virtue of the deferment, is not considered
sentenced to probation for purposes of
subsection (1)(e)(III). Casillas v. People,
2018 CO 78M, 427 P.3d 804.
The collection of a cheek swab from a
juvenile under deferred adjudication
violates this section and the fourth
amendment. Evidence derived from such
improper collection must be suppressed.
Casillas v. People, 2018 CO 78M, 427 P.3d
804.
19-2.5-1120. Cost of care.
(1) (a) Notwithstanding section 19 -1-115 (4)(d), if a juvenile is sentenced to an out -of-home
placement or is granted probation as a result of an adjudication, deferral of adjudication, or direct
Colorado Revised Statutes 2026
Title 19 - Children's Code
-422-
filing in or transfer to district court, the court may order the juvenile's parent to make payments
toward the cost of care only as required pursuant to Title IV of the federal "Social Security Act".
(b) (Deleted by amendment, L. 2021.)
(2) and (3) (Deleted by amendment, L. 2021.)
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 656, § 2,
effective October 1; entire section amended, (HB 21 -1315), ch. 461, p. 3115 § 24, effective
October 1.
Editor's note: This section is similar to former § 19-2-114 as it existed prior to 2021.
Cross references: (1) For the legislative declaration in HB 21 -1315, see section 1 of chapter
461, Session Laws of Colorado 2021.
(2) For Title IV-E of the federal "Social Security Act", see 42 U.S.C. § 670 et seq.
ANNOTATION
Law reviews. For article, "Parental
Financial Liability for Juvenile
Delinquents", see 37 Colo. Law. 49 (Nov.
2008).
Annotator's note. The following
annotations include a case decided under a
former provision similar to this section.
This section, and § 19 -1-115 (4)(d) can
be harmonized and the court should
consider both in allocating costs. People ex
rel. M.L.M., 104 P.3d 324 (Colo. App.
2004).
This section gives the court flexibility in
allocating the cost of a juvenile's care. If
appropriate, the court may order that the
juvenile, in addition to his or her parents,
also make reasonable payments, after
considering the factors enumerated in the
statute and making allowances for any
restitution ordered to the victim or victims
of a crime. People ex rel. M.L.M., 104 P.3d
324 (Colo. App. 2004).
Subsection (3) expressly places the
burden of providing financial information
on the juvenile and his or her parents.
Thus, the county department of human
services was not required to present
information regarding the juvenile's and his
or her parents' estates to calculate the
amount of payment under § 19 -2-114.
People ex rel. M.L.M., 104 P.3d 324 (Colo.
App. 2004).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-423-
19-2.5-1121. Fees for transporting juveniles.
It is the duty of the sheriff, undersheriff, or deputy, or in their absence any suitable person
appointed by the court for such purpose, to convey any juvenile committed pursuant to section
19-2.5-1103 or 19-2.5-1127 to facilities of the division of youth services. All officers performing
services pursuant to this part 11 must be paid the same fees as are allowed for similar services in
criminal cases, to be paid by the county from which the juvenile was committed.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 657, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-415 as it existed prior to 2021.
SUBPART B
OFFENSE-SPECIFIC SPECIALIZED SENTENCING
19-2.5-1122. Sentencing - animal cruelty - anger management treatment.
(1) In addition to any sentence imposed pursuant to this section, a juvenile who has been
adjudicated a juvenile delinquent for the commission of cruelty to animals, as described in
section 18-9-202, in which the underlying factual basis has been found by the court to include
the knowing torture or torment of an animal and that needlessly injured, mutilated, or killed an
animal, may be ordered to complete an anger management treatment program, a mental health
treatment program, or any other appropriate treatment program designed to address the
underlying causative factors for the violation.
(2) The court may order an evaluation to be conducted prior to disposition if an evaluation
would assist the court in determining an appropriate disposition. The parents or legal guardian of
the juvenile ordered to undergo an evaluation shall pay the cost of the evaluation. If the
evaluation results in a recommendation of treatment and if the court so finds, the juvenile must
be ordered to complete an anger management treatment program, a mental health treatment
program, or any other appropriate treatment program designed to address the underlying
causative factors for the violation.
(3) The disposition for a juvenile who has been adjudicated a juvenile delinquent a second or
subsequent time, the underlying factual basis of which has been found by the court to include an
act of cruelty to animals, as described in section 18 -9-202, must include the completion of an
anger management treatment program, a mental health treatment program, or any other
Colorado Revised Statutes 2026
Title 19 - Children's Code
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appropriate treatment program designed to address the underlying causative factors for the
violation.
(4) In addition to any sentence imposed pursuant to this section for any juvenile who has
been adjudicated a juvenile delinquent for the commission of cruelty to animals, as described in
section 18 -9-202, the court may enter an order prohibiting the juvenile or other party from
owning, possessing, or caring for a pet animal as defined in section 35 -80-102 (10), unless the
juvenile's treatment provider makes a specific recommendation not to impose the ban and the
court agrees with the recommendation.
(5) Nothing in this section precludes the court from ordering treatment in any appropriate
case.
(6) This section does not apply to the treatment of pack or draft animals by negligently
overdriving, overloading, or overworking them, or the treatment of livestock and other animals
used in the farm or ranch production of food, fiber, or other agricultural products when the
treatment is in accordance with accepted animal husbandry practices, the treatment of animals
involved in activities regulated pursuant to article 32 of title 44, the treatment of animals
involved in research if the research facility is operating under rules set forth by the state or
federal government, the treatment of animals involved in rodeos, the treatment of dogs used for
legal hunting activities, or to statutes regulating activities concerning wildlife and predator
control in the state, including trapping.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 657, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-918.5 as it existed prior to 2021.
19-2.5-1123. Sentencing - mandatory detention - weapons and crimes of violence.
(1) In the case of a juvenile who has been adjudicated a juvenile delinquent for the
commission of one of the offenses described in section 19 -2.5-305 (3)(a)(V), the court shall
sentence the juvenile to a minimum mandatory period of detention of not fewer than five days.
(2) A juvenile who is less than thirteen years of age may not be sentenced to detention unless
the juvenile has been adjudicated for a felony or weapons charge pursuant to section 18 -12-102,
18-12-105, 18-12-106, or 18-12-108.5. As an alternative, the juvenile probation department may
conduct a presentence investigation pursuant to section 19 -2.5-1101. The investigation may
result in the juvenile:
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(a) Remaining in the custody of a parent, guardian, or legal custodian; or
(b) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care
home or noncertified kinship care placement, as defined in section 19 -1-103, or other suitable
person under such conditions as the court may impose; or
(c) Being placed in a shelter facility; or
(d) Being referred to a local county department of human or social services for assessment
for placement.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 658, § 2,
effective October 1.
Editor's note: This section is similar to former § 19 -2-911 (2) and (3) as it existed prior to
2021.
ANNOTATION
There are two categories of people to
whom the term "juvenile" in former § 19-
2-911 (2) applies: (1) persons under
eighteen years of age; and (2) persons over
eighteen years of age who are under the
continuing jurisdiction of the court for an
alleged delinquent act committed before
they turned eighteen. People in Interest of
E.V ., 2022 COA 53, 516 P.3d 542 (decided
under former § 19-2-911).
The mandatory sentencing provision
does not apply to a juvenile who is
eighteen years old at the time of
sentencing. People in Interest of E.V ., 2022
COA 53, 516 P.3d 542 (decided under
former § 19-2-911).
Because juvenile was not under eighteen
at sentencing, he was not a child, and he
could not be sentenced to any form of
detention under former § 19 -2-911 (2).
Therefore, he was not subject to a
mandatory minimum sentence, and his five -
day jail sentence was not authorized by
former § 19 -2-911 (2). People in Interest of
E.V ., 2022 COA 53, 516 P.3d 542 (decided
under former § 19-2-911).
19-2.5-1124. (Reserved)
Colorado Revised Statutes 2026
Title 19 - Children's Code
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SUBPART C
SENTENCING - SPECIAL OFFENDERS
19-2.5-1125. Petitions - special offenders.
(1) Mandatory sentence offender. A juvenile is a mandatory sentence offender if the
juvenile:
(a) Has been adjudicated a juvenile delinquent twice; or
(b) Has been adjudicated a juvenile delinquent and if the juvenile's probation has been
revoked for a delinquent act, and:
(I) Is subsequently adjudicated a juvenile delinquent; or
(II) Has probation revoked for a delinquent act.
(2) Repeat juvenile offender. A juvenile is a repeat juvenile offender if the juvenile has
been previously adjudicated a juvenile delinquent and is adjudicated a juvenile delinquent for a
delinquent act that constitutes a felony or if the juvenile's probation is revoked for a delinquent
act that constitutes a felony.
(3) Violent juvenile offender. A juvenile is a violent juvenile offender if the juvenile is
adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of violence as
defined in section 18-1.3-406 (2).
(4) Aggravated juvenile offender.
(a) A juvenile offender is an aggravated juvenile offender if the juvenile is:
(I) Adjudicated a juvenile delinquent for a delinquent act that constitutes a class 1 or class 2
felony or if the juvenile's probation is revoked for a delinquent act that constitutes a class 1 or
class 2 felony; or
(II) Adjudicated a juvenile delinquent for a delinquent act that constitutes a felony and either
is subsequently adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of
violence, as defined in section 18 -1.3-406 (2), or has probation revoked for a delinquent act that
constitutes a crime of violence, as defined in section 18-1.3-406 (2); or
(III) Adjudicated a juvenile delinquent or if the juvenile's probation is revoked for a
delinquent act that constitutes felonious unlawful sexual behavior pursuant to part 4 of article 3
of title 18, incest pursuant to section 18-6-301, or aggravated incest pursuant to section 18-6-302.
(b) Provisions concerning aggravated juvenile offenders are located in sections 19 -2.5-503
and 19-2.5-1127.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 659, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-516 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Statute meets equal protection and due
process requirements. Statutory scheme
under which juvenile may be classified as
mandatory sentence offender either upon
probation revocation or upon new
adjudication of delinquency and under
which prosecutor has discretion to seek
revocation rather than new adjudication,
thus avoiding necessity for preliminary
hearing and jury trial, does not deny
juveniles equal protection nor
unconstitutionally delegate discretion to
prosecutor. People in Interest of D.G., 733
P.2d 1199 (Colo. 1987).
Because former § 19 -2-703 (4) provides
for notice and a hearing when a juvenile has
allegedly violated probation and because the
prosecution must establish the alleged
criminal offense beyond a reasonable doubt,
the statutory scheme under which probation
revocation triggers mandatory sentence
offender status does not deny due process.
People in Interest of D.G., 733 P.2d 1199
(Colo. 1987).
Constitutionally void dispositions
cannot be used as basis for enhanced
punishment. Where the referee in two prior
delinquency hearings failed to comply with
the mandates of C.R.J.P. 3, the prior
dispositions are constitutionally void and
cannot be used as the basis for enhanced
punishment proceedings under this section.
People v. M.A.W., 651 P.2d 433 (Colo. App.
1982).
Previous adjudication need not be
based on felony. The unambiguous
language of former subsection (2)(b)
requires two prior acts by a child each of
which would have constituted a crime if
committed by an adult; there is no merit in
the contention that the subsection must be
read to include the definition of a repeat
juvenile offender (former § 19 -1-103 (23.5))
that would require one of the previous
adjudications to be based on a felony. People
in Interest of R.R., 43 Colo. App. 208, 607
P.2d 1013 (1979).
A juvenile does not qualify as a
mandatory sentence offender or a repeat
juvenile offender when the multiple
adjudications required by those provisions
occur in the same hearing. A guilty plea that
the court accepts plainly constitutes an
adjudication under the statute; however, to
be a mandatory sentence offender, a juvenile
must, after having "been adjudicated a
juvenile delinquent twice", be "subsequently
adjudicated a juvenile delinquent". To be a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-428-
repeat juvenile offender, he or she must have
"been previously adjudicated a juvenile
delinquent"."Subsequently" and
"previously" entail the passage of enough
time for the juvenile to experience the
consequences of his or her earlier
adjudications. People in Interest of J.C.,
2018 COA 22, 428 P.3d 617.
Subsection (1) makes no reference to
the date of the commission of the offense
underlying the prior adjudications.
Although the delinquent act at issue
occurred before the defendant's two previous
adjudications as a juvenile delinquent, the
statute requires only that a juvenile be
adjudicated delinquent after the entry of two
prior delinquency adjudications. People ex
rel. J.C.P., 151 P.3d 635 (Colo. App. 2006).
The violent juvenile offender statute
does not create a separate and distinct
offense; rather, it is a dispositional statute
associated with the underlying delinquent
act and thus does not violate this
constitutional guarantee of equal protection.
People in Interest of D.G., 725 P.2d 1166
(Colo. App. 1986).
Juvenile's right to equal protection was
not violated by trial court's refusal to
grant juvenile, who was charged as being
a violent juvenile offender, five rather
than four peremptory challenges where
juvenile failed to show that there was
unequal treatment within the class of violent
juvenile offenders. Although an aggravated
juvenile offender is entitled to five
peremptory challenges under former § 19 -2-
804 (4)(b)(I) (now § 19 -2-601 (3)(b)(I)), the
elements constituting an aggravated juvenile
offender differ from those constituting a
violent juvenile offender. People in Interest
of M.M.O.P., 873 P.2d 24 (Colo. App.
1993).
Although violent juvenile offender was
granted four rather than the five
peremptory challenges awarded to an
aggravated juvenile offender, violent
juvenile offender's right to equal protection
was not violated where the elements
constituting an aggravated juvenile offender
differ from those constituting a violent
juvenile offender. People in Interest of
M.M.O.P., 873 P.2d 24 (Colo. App. 1993).
Plain language of the statute does not
require extra procedural requirements for
enhanced sentencing of mandatory
sentence offenders; state need not plead
and prove previous adjudications beyond a
reasonable doubt. People v. J.J.H., 17 P.3d
159 (Colo. 2001).
Comparison to adult habitual criminal
prosecution not persuasive in interpreting
the procedures for sentencing mandatory
sentence offenders, since there are
fundamental differences between the
juvenile system of justice and the adult
system of justice; the goals of the juvenile
system are to remain informal, flexible, and
focused on rehabilitation, whereas, the adult
criminal system's approach is hardened in
procedures, goals, and penalties. People v.
J.J.H., 17 P.3d 159 (Colo. 2001).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-429-
19-2.5-1126. Sentencing - special offenders.
(1) The court shall sentence a juvenile adjudicated as a special offender as follows:
(a) Mandatory sentence offender. The court shall place or commit a juvenile adjudicated
as a mandatory sentence offender, as described in section 19 -2.5-1125 (1), out of the home for
not less than one year, unless the court finds that an alternative sentence or a commitment of less
than one year out of the home would be more appropriate; except that:
(I) If the person adjudicated as a mandatory sentence offender is eighteen years of age or
older on the date of the sentencing hearing, the court may sentence that person to the county jail
or to a community correctional facility or program for a period not to exceed two years, if the
person has been adjudicated a mandatory sentence offender pursuant to this article 2.5 for acts
committed prior to the person's eighteenth birthday; or
(II) The juvenile or person may be released by the committing judge upon a showing of
exemplary behavior.
(b) Repeat juvenile offender. The court shall sentence a juvenile adjudicated as a repeat
juvenile offender, as described in section 19 -2.5-1125 (2), out of the home for not less than one
year, unless the court finds that an alternative sentence or a commitment of less than one year out
of the home would be more appropriate; except that:
(I) If the person adjudicated as a repeat juvenile offender is eighteen years of age or older on
the date of the sentencing hearing, the court may sentence that person to the county jail or to a
community correctional facility or program for a period not to exceed two years, if the person
has been adjudicated a repeat juvenile offender pursuant to this article 2.5 for acts committed
prior to the person's eighteenth birthday; or
(II) The juvenile or person may be released by the committing judge upon a showing of
exemplary behavior.
(c) Violent juvenile offender.
(I) (A) Upon adjudication as a violent juvenile offender, as described in section 19 -2.5-1125
(3), the juvenile must be placed or committed out of the home for not less than one year; except
that this subsection (1)(c) does not apply to a juvenile who is ten years of age or older, but less
than twelve years of age, when the court finds that an alternative sentence or a commitment of
less than one year out of the home would be more appropriate.
(B) Upon adjudication as a violent juvenile offender, if the person is eighteen years of age or
older on the date of the sentencing hearing, the court may sentence such person to the county jail
or to a community correctional facility or program for a period not to exceed two years, if the
person has been adjudicated a violent juvenile offender pursuant to this article 2.5 for acts
committed prior to the person's eighteenth birthday.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(II) The court may commit a violent juvenile offender to the department of human services.
The court may impose a minimum sentence during which the juvenile must not be released from
a residential program without prior written approval of the court that made the commitment.
(d) Aggravated juvenile offender. The court shall sentence an aggravated juvenile offender
as described in section 19-2.5-1127.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 660, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-908 as it existed prior to 2021.
ANNOTATION
Law reviews. For article, "Review of
New Legislation Relating to Criminal Law",
see 11 Colo. Law. 2148 (1982). For article,
"Toward an Integrated Theory of
Delinquency Responsibility", see 60 Den.
L.J. 485 (1983).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Statute meets equal protection and due
process requirements. Statutory scheme
under which juvenile may be classified as
mandatory sentence offender either upon
probation revocation or upon new
adjudication of delinquency and under
which prosecutor has discretion to seek
revocation rather than new adjudication,
thus avoiding necessity for preliminary
hearing and jury trial, does not deny
juveniles equal protection nor
unconstitutionally delegate discretion to
prosecutor. People in Interest of D.G., 733
P.2d 1199 (Colo. 1987).
Because former § 19 -2-703 (4) provides
for notice and a hearing when a juvenile has
allegedly violated probation and because the
prosecution must establish the alleged
criminal offense beyond a reasonable doubt,
the statutory scheme under which probation
revocation triggers mandatory sentence
offender status does not deny due process.
People in Interest of D.G., 733 P.2d 1199
(Colo. 1987).
The violent juvenile offender statute
does not create a separate and distinct
offense; rather, it is a dispositional statute
associated with the underlying delinquent
act and thus does not violate this
constitutional guarantee of equal protection.
People in Interest of D.G., 725 P.2d 1166
(Colo. App. 1986).
Section requires court to impose
specific disposition. The mandatory
sentence provisions do not enhance the
disposition but merely require the court to
impose a specific disposition on the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-431-
offender, namely, that the court shall place
or commit the offender out of the home for
not less than one year. People in Interest of
C.R.B., 662 P.2d 198 (Colo. App. 1983).
Mandatory placement or commitment
for not less than one year pursuant to the
introductory portion of former subsection
(2)(b) does not extend to jail sentences
imposed pursuant to former subsection
(2)(b)(I). People v. T.O., 696 P.2d 811 (Colo.
1985).
Release upon a showing of exemplary
behavior. Former subsection (2)(b)(II) does
not apply to persons sentenced to jail and
provisions relating to good time must be
applied. People v. T.O., 696 P.2d 811 (Colo.
1985).
Juvenile's right to equal protection was
not violated by trial court's refusal to
grant juvenile, who was charged as being
a violent juvenile offender, five rather
than four peremptory challenges where
juvenile failed to show that there was
unequal treatment within the class of violent
juvenile offenders. Although an aggravated
juvenile offender is entitled to five
peremptory challenges under former § 19 -2-
804 (4)(b)(I), the elements constituting an
aggravated juvenile offender differ from
those constituting a violent juvenile
offender. People in Interest of M.M.O.P.,
873 P.2d 24 (Colo. App. 1993).
Trial court correctly sentenced juvenile
to one-year commitment out of the home
where former subsection (2) required that
adjudicated violent juvenile offenders
"shall" be so committed, where juvenile
failed to argue that he fell within one of the
statutory exceptions, and where he was not
placed on probation so as to qualify for
Juvenile Intensive Supervision Program,
former § 19 -2-1501, et seq. People in
Interest of M.M.O.P., 873 P.2d 24 (Colo.
App. 1993).
Subsection (1)(c)(I)(A) does not allow a
violent juvenile offender to be placed in a
custodial placement as an initial
sentencing option. The trial court did not
err in interpreting the phrase "placed or
committed out of the home" as requiring the
court to place a juvenile offender in a
facility or center operated or licensed by the
department of human services. People ex rel.
P.C., 80 P.3d 942 (Colo. App. 2003).
Enactment of juvenile intensive
supervision program, former § 19 -2-1501
et seq., does not change requirements of
former subsection (2)(a), as such program
applies to any juvenile who has been placed
on probation and who presents a high risk of
future placement within juvenile
correctional facilities. People in Interest of
M.M.O.P., 873 P.2d 24 (Colo. App. 1993).
Consecutive terms not authorized. In
absence of express authorization in the
Colorado Children's Code, court lacks
authority to impose consecutive terms of
commitment upon one adjudicated both a
"repeat juvenile offender" and a "mandatory
sentence offender". S.G.W. v. People, 752
P.2d 86 (Colo. 1988).
The sentencing options listed in § 19 -2-
907 are applicable to mandatory sentence
offenders. This section is a supplement to,
not a substitute for, § 19 -2-907. People in
Colorado Revised Statutes 2026
Title 19 - Children's Code
-432-
Interest of J.S.R., 2014 COA 98M, 338 P.3d
1088.
This section must be read together with
other sentencing provisions of the
children's code if the court is to have access
to the sentencing options for special
offenders that enhance supervision and
accountability. People in Interest of J.S.R.,
2014 COA 98M, 338 P.3d 1088.
A juvenile court cannot sentence a
juvenile to an indeterminate term of DHS
commitment. Sections 19 -2-601(5)(a)(I),
19-2-909 (1)(a), and 19 -2-921 (3)(b) plainly
do not allow for sentences constituting a
range, but rather require sentences of fixed,
definite periods. People in Interest of J.C.,
2018 COA 22, 428 P.3d 617.
Applied in People in Interest of C.B., 196
Colo. 362, 585 P.2d 281 (1978).
19-2.5-1127. Aggravated juvenile offender - definition.
(1) (a) (I) Upon adjudication as an aggravated juvenile offender:
(A) For an offense other than an offense that would constitute a class 1 or 2 felony if
committed by an adult, the court may commit the juvenile to the department of human services
for a determinate period of up to five years;
(B) For an offense that would constitute a class 2 felony if committed by an adult, the court
shall commit the juvenile to the department of human services for a determinate period of at least
three but not more than five years;
(C) For an offense that would constitute a class 1 felony if committed by an adult, the court
shall commit the juvenile to the department of human services for a determinate period of at least
three but not more than seven years; and
(D) When the petition alleges the offense of murder in the first degree or murder in the
second degree, or sexual assault pursuant to section 18 -3-402 (3.5) or (4) and the juvenile is
adjudicated a delinquent for either murder in the first degree or murder in the second degree,
then the court may sentence the juvenile consecutively or concurrently for any crime of violence
as described in section 18 -1.3-406 or for a delinquent act contained in the petition for which the
juvenile is an aggravated juvenile offender.
(II) An aggravated juvenile offender thus committed to the department of human services
must not be transferred to a nonsecure or community setting for a period of more than forty -eight
hours, excluding Saturdays, Sundays, and court holidays, nor released before the expiration of
the determinate term imposed by the court without prior order of the court.
(b) (I) Upon court order, the department of human services may transfer a juvenile
committed to its custody pursuant to subsection (1)(a) of this section to the department of
corrections if the juvenile has reached eighteen years of age and the department of human
services has certified that the juvenile is no longer benefitting from its programs.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-433-
(II) The department of human services shall initiate such transfer by filing a request for
transfer with the court of commitment that must state the basis for the request. Upon receipt of
such a request, the court shall notify the interested parties and set the matter for a hearing.
(III) The court shall authorize the transfer only upon a finding by a preponderance of the
evidence that the juvenile is no longer benefitting from the programs of the department of human
services.
(IV) Upon entering an order of transfer to the department of corrections, pursuant to this
subsection (1)(b), the court shall amend the mittimus and transfer all further jurisdiction over the
juvenile to the department of corrections. Thereafter the juvenile is governed by the provisions
for adult felony offenders in titles 16 and 17 as if the juvenile had been sentenced as an adult
felony offender for the unserved portion of sentence that remains upon transfer to the department
of corrections.
(2) (a) After a juvenile who is sentenced pursuant to subsection (1)(a)(I)(B) or (1)(a)(I)(C) of
this section has been in the custody of the department of human services for three years or more,
the department may petition the court for an order authorizing the department to place the
juvenile on juvenile parole upon approval by the juvenile parole board pursuant to section 19 -
2.5-1203. After a juvenile who is sentenced pursuant to subsection (1)(a)(I)(A) of this section has
served the minimum mandatory period of the commitment or three years, whichever is sooner,
the department of human services may petition the court for an order authorizing the department
to place the juvenile on juvenile parole upon approval by the juvenile parole board pursuant to
section 19 -2.5-1203. The department of human services shall conduct the parole supervision.
Upon filing the petition, the court shall notify the interested parties and set the matter for a
hearing. The court shall authorize the department of human services to place the juvenile on
juvenile parole upon approval of the juvenile parole board pursuant to section 19 -2.5-1203, only
upon finding by a preponderance of the evidence that the safety of the community will not be
jeopardized by the juvenile's release.
(b) Parole supervision of a juvenile who has been transferred to the department of
corrections is governed by the provisions for adult felony offenders in titles 16, 17, and 18 as if
the juvenile had been sentenced as an adult felony offender; except that, if the juvenile was
adjudicated and sentenced for a class 1 felony, then the juvenile must serve a ten -year period of
mandatory parole after completion of the juvenile's sentence.
(3) Upon filing a petition with the committing court for transfer of the juvenile to a
nonsecure or community setting, or for early release from the custody of the department of
corrections or human services, the court shall notify the interested parties and set the matter for a
hearing. The court shall order such transfer or release only upon a finding by a preponderance of
the evidence that the safety of the community will not be jeopardized by the transfer or release;
except that early release of the juvenile from the department of corrections is governed by the
Colorado Revised Statutes 2026
Title 19 - Children's Code
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provisions for adult felony offenders in titles 16 and 17 as if the juvenile had been sentenced as
an adult felony offender.
(4) (a) (I) When a juvenile in the custody of the department of human services pursuant to
this section reaches the age of twenty years and six months, the department of human services
shall file a motion with the court of commitment regarding further jurisdiction of the juvenile.
Upon the filing of such a motion, the court shall notify the interested parties, appoint counsel for
the juvenile, and set the matter for a hearing. The court shall, as part of this hearing, reconsider
the length of the remaining sentence and consider the factors as set forth in subsection (4)(c) of
this section.
(II) When the court notifies the interested parties, the court shall order that the juvenile
submit to and cooperate with a psychological evaluation and risk assessment by a mental health
professional to determine whether the juvenile is a danger either to himself or herself or to
others. The mental health professional shall prepare a written report and provide a copy of the
report to the court that ordered it, the prosecuting attorney, and counsel for the juvenile at least
fourteen days before the hearing.
(b) At the hearing upon the motion, the court may either transfer the custody of and
jurisdiction over the juvenile to the department of corrections for placement in a correctional
facility, the youthful offender system, or a community corrections program; authorize early
release of the juvenile pursuant to subsection (3) of this section; place the juvenile on adult
parole for a period of five years; or order that custody and jurisdiction over the juvenile must
remain with the department of human services; except that the custody of and jurisdiction over
the juvenile by the department of human services terminates when the juvenile reaches twenty -
one years of age.
(c) In considering whether to transfer the custody of and jurisdiction over the juvenile to the
department of corrections, the court shall consider all relevant factors including, but not limited
to, the court -ordered psychological evaluation and risk assessment; the nature of the crimes
committed; the offender's prior criminal history; the offender's maturity; the offender's behavior
in custody; the offender's progress and participation in classes, programs, and educational
improvement; the impact of the crimes on the victims; the likelihood of rehabilitation; the
placement where the offender is most likely to succeed in reintegrating in the community; and
the interest of the community in the imposition of punishment commensurate with the gravity of
the offense.
(5) At any postadjudication hearing held pursuant to this section, the state is represented by
the district attorney and the attorney general; except that the attorney general may be excused
from participation in the hearing with the permission of the district attorney and of the court. At
any postadjudication hearing held pursuant to this section, the department of corrections is
considered an interested party and must be sent notice of such hearing.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(6) As used in this section, "mental health professional" means a person who is employed by
the department of human services or is employed under contract with the department of human
services and is:
(a) A licensed physician with the appropriate training and expertise in psychiatry; or
(b) A licensed psychologist.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 661, § 2,
effective October 1.
Editor's note: This section is similar to former § 19 -2-601 (5) to (10) as it existed prior to
2021.
ANNOTATION
Law reviews. For article, "New Juvenile
Justice Laws Increase Options for Youth",
see 42 Colo. Law. 37 (Apr. 2013).
Annotator's note. The following
annotations include a case decided under
former provisions similar to this section.
Former subsection (5)(a)(I)(A) (now
subsection (1)(a)(I)(A)) gives a court
discretion in sentencing an aggravated
juvenile offender and does not require a
commitment sentence to the department
of human services. The court's decision to
suspend the commitment sentence on
condition of successfully completing
probation for an offense that did not
constitute a class 1 or 2 felony if committed
by an adult was permitted by the sentencing
law. A.S. v. People, 2013 CO 63, 312 P.3d
168.
Section does not address appropriate
sentencing options for an aggravated
juvenile offender who, at 22 years of age,
is already an adult at the time of
sentencing for acts committed as a
juvenile. Since aggravated juvenile
offenders must be sentenced pursuant to this
section, there is a gap in the statute that must
be filled by the legislature. Therefore, courts
sentencing aggravated juvenile offenders
who have aged out of the department of
human services at the time of sentencing
may apply the provisions of former
subsection (8) (now subsection (4)) that do
not require participation by the department
of human services and consider all available
sentencing options listed under former
subsection (8) (now subsection (4)). People
in Interest of E.G., 2015 COA 18M, 371
P.3d 693, aff'd on other grounds, 2016 CO
19, 368 P.3d 946.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-436-
PART 12
JUVENILE PAROLE
19-2.5-1200.3. Definitions.
As used in this part 12, unless the context otherwise requires:
(1) "Board" means the juvenile parole board created in section 19-2.5-1201 (1).
Source: L. 2025: Entire section added, (SB 25 -275), ch. 377, p. 2046, § 76, effective August
6.
19-2.5-1201. Juvenile parole board - creation - membership - authority - rules.
(1) There is created a juvenile parole board. The board consists of nine members appointed
by the governor and confirmed by the senate. Members are appointed for terms of three years;
except that the terms shall be staggered so that one -third of the membership of the board
becomes vacant each year. There are no term limits for the members of the board. Any vacancy
that occurs when the general assembly is not in session may be filled by the governor, and such
member serves temporarily until confirmed at the next regular session of the general assembly.
The board is a type 1 entity, as defined in section 24-1-105.
(2) All nine members are voting members. All members must be residents of the state of
Colorado. Of the nine members:
(a) One member is from the department of human services;
(b) One member is from the department of education;
(c) One member is from the department of public safety;
(d) One member is from the department of labor and employment; and
(e) Five members are from the public at large and must not be employees of the state
government. At least one of the members from the public at large must be a resident of the area
west of the continental divide.
(3) All members serve at the pleasure of the governor, and the governor shall designate one
member of the board to act as chairperson.
(4) The full board meets not less than once a month, and the presence of five members, at
least two of whom are members described in subsection (2)(e) of this section, constitutes a
quorum to transact official business of the full board.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(5) All members of the board are reimbursed for expenses necessarily incurred in the
performance of their duties. In addition to the reimbursement of expenses, the five at -large board
members shall receive a per diem of one hundred fifty dollars per full day and seventy -five
dollars per half day spent transacting official business of the board.
(6) The department of human services shall furnish clerical and other assistance for the
board. A juvenile parole board administrator appointed by the executive director of the
department of human services shall supervise such clerical and other assistance provided
pursuant to this subsection (6).
(7) (a) The board may grant, deny, defer, suspend, revoke, or specify or modify the
conditions of any parole for any juvenile committed to the department of human services
pursuant to section 19 -2.5-1103 or 19 -2.5-1127 in a manner that is in the best interests of the
juvenile and the public. In addition to any other conditions, the board may require, as a condition
of parole, any adjudicated juvenile to attend school or an educational program or to work toward
the attainment of a high school diploma or the successful completion of a high school
equivalency examination, as that term is defined in section 22-33-102 (8.5); except that the board
shall not require any such juvenile to attend a school from which the juvenile has been expelled
without the prior approval of that school's local board of education. The board shall promulgate
rules that establish criteria under which its parole decisions are made. The board has the duties
and responsibilities specified in this part 12.
(b) Unless inconsistent with other conditions imposed by the board, the board shall allow a
juvenile to have periodic meetings with the juvenile parole officer at reasonable times through a
telephone call or audio -visual communication technology. Unless inconsistent with other
conditions imposed by the board, in directing the juvenile to have periodic meetings with a
juvenile parole officer at reasonable times, the juvenile parole officer shall schedule, in good
faith, the meetings with the juvenile on parole at mutually agreeable times that do not conflict
with the juvenile's essential obligations, including work, education, job training, dependent care,
medical appointments, and other parole requirements.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 664, § 2,
effective October 1. L. 2022: (1), IP(2), and (5) amended, (SB 22 -013), ch. 2, p. 26, § 31,
effective February 25; (1) amended, (SB 22 -162), ch. 469, p. 3375, § 64, effective August 10. L.
2024: (7) amended, (HB 24 -1445), ch. 353, p. 2408, § 7, effective September 1. L. 2025: (1)
amended, (SB 25-275), ch. 377, p. 2046, § 77, effective August 6.
Editor's note: (1) This section is similar to former §§ 19 -2-206 and 19-2-207 as they existed
prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-438-
(2) Amendments to subsection (1) by SB 22-013 and SB 22-162 were harmonized.
Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of
1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado
2022.
19-2.5-1202. Juvenile parole - organization.
(1) Juvenile parole services are administered by the division of youth services in the
department of human services, under the direction of the director of the division of youth
services, appointed pursuant to section 19-2.5-1501.
(2) The director of the division shall appoint juvenile parole officers and other personnel of
the division of youth services pursuant to section 13 of article XII of the state constitution and
with the consent of the department of human services. Juvenile parole officers have the powers
and duties specified in section 19 -2.5-1204 and the powers of peace officers, as described in
sections 16-2.5-101 and 16-2.5-138.
(3) The division of youth services may divide juvenile parole supervision into regions
throughout the state. Within each region there may be more than one office location for parole
officers.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 665, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-209 as it existed prior to 2021.
19-2.5-1203. Juvenile parole - hearing panels - definition.
(1) Juvenile parole board - hearing panels authority.
(a) The juvenile parole board, established pursuant to section 19 -2.5-1201, may grant, deny,
defer, suspend, revoke, or specify or modify the conditions of any parole for any juvenile
committed to the department of human services pursuant to sections 19 -2.5-1103 and 19 -2.5-
1127. In addition to any other conditions, the board may require, as a condition of parole, any
adjudicated juvenile to attend school or an educational program or to work toward the attainment
of a high school diploma or the successful completion of a high school equivalency examination,
as that term is defined in section 22 -33-102 (8.5); except that the board shall not require any
Colorado Revised Statutes 2026
Title 19 - Children's Code
-439-
juvenile to attend a school from which the juvenile has been expelled without the prior approval
of that school's local board of education. The board may modify any of its decisions, or those of
the hearing panel, except an order of discharge.
(b) Unless inconsistent with other conditions imposed by the board, the board shall allow a
juvenile to have periodic meetings with a juvenile parole officer at reasonable times through a
telephone call or audio -visual communication technology. Unless inconsistent with other
conditions imposed by the board, in directing the juvenile to have periodic meetings with a
juvenile parole officer at reasonable times, the juvenile parole officer shall schedule, in good
faith, meetings with the juvenile on parole at mutually agreeable times that do not conflict with
the juvenile's essential obligations, including work, education, job training, dependent care,
medical appointments, and other parole requirements.
(2) (a) The board or a hearing panel has subpoena power and the power to administer oaths
to secure attendance and testimony at hearings before the board. All relevant records pertaining
to the juvenile must be made available to the board.
(b) (I) The board or hearing panel shall take into consideration the results of the validated
risk and needs assessment administered by the department of human services.
(II) In making release and discharge decisions, the board or hearing panel shall use the
length of stay matrix and release criteria developed pursuant to section 19-2.5-1117 (7).
(3) (a) Hearing panels consisting of two members of the board shall interview and review the
record of each juvenile who comes before the board for the granting of parole. Whenever
possible, one of the hearing panel members must be a representative of an executive department,
and the other must be a member from the public at large. A hearing panel may grant, deny, defer,
suspend, revoke, or specify or modify the conditions of any parole of a juvenile that are in the
best interests of the juvenile and the public; except that:
(I) If the members of a hearing panel disagree, a review of that case must be referred to the
board for review and a decision made by a majority vote of the board members present. At least a
quorum of the board, as defined in section 19 -2.5-1201 (4), must be present to make a decision
pursuant to this subsection (3)(a)(I).
(II) The hearing panel does not have authority to grant parole to juveniles committed as
violent juvenile offenders as described in section 19 -2.5-1125 (3) or aggravated juvenile
offenders as described in section 19 -2.5-1125 (4). In such cases, the board shall conduct a
hearing and make a decision by a majority vote of the board members present at the hearing.
However, if expiration of the juvenile's commitment is imminent, as defined by the board, the
hearing panel shall hold a hearing and make a recommendation to the board. The board shall
review the case and make a decision by a majority vote of the board members present.
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(III) If a written request is made by the juvenile, the juvenile's parents or guardian, or the
executive director of the department of human services or the executive director's designee, the
board may review the case of any juvenile who has been interviewed by a hearing panel. If such
a review is made, the board has the authority to affirm or reverse the decision of the hearing
panel or to impose such additional conditions for parole as the board deems appropriate.
(b) If a juvenile, while under a juvenile commitment, is in jail pending adult charges, the
board may conduct a parole hearing without the juvenile's presence.
(c) When the board conducts a hearing pursuant to subsection (3)(a) or (3)(b) of this section,
a quorum, as defined in section 19-2.5-1201 (4), must be present.
(d) In addition to any other conditions, the hearing panel may require, as a condition of
parole, any adjudicated juvenile to attend school or an educational program or to work toward
the attainment of a high school diploma or the successful completion of a high school
equivalency examination, as that term is defined in section 22 -33-102 (8.5); except that the
hearing panel shall not require any such juvenile to attend a school from which the juvenile has
been expelled without the prior approval of that school's local board of education.
(4) The juvenile parole board administrator appointed pursuant to section 19 -2.5-1201 (6)
shall assist the hearing panel in its duties. The administrator shall also arrange training for the
members of the board in all aspects of the juvenile justice system. It is mandatory for members
of the board to attend such training.
(5) (a) If the hearing panel or the board determines that parole should be granted, the hearing
panel shall establish six months as the length of the parole supervision. However, for a juvenile
committed to the department of human services due to an adjudication for an offense specified in
subsection (5)(b) of this section, the hearing panel may extend the period of parole supervision
up to an additional fifteen months if the hearing panel makes findings of special circumstances
that warrant an extended period of parole services for the juvenile.
(b) Subsection (5)(a) of this section allowing for extension of the period of parole applies to
juveniles committed to the department of human services due to an adjudication for one or more
of the following offenses:
(I) Any offense specified in article 3 of title 18 or in part 3 of article 4 of title 18 that would
constitute a felony if committed by an adult;
(II) Incest, as described in section 18-6-301;
(III) Aggravated incest, as described in section 18-6-302;
(IV) Child abuse, as described in section 18 -6-401, that would constitute a felony if
committed by an adult;
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(V) Fourth degree arson, as described in section 18 -4-105, that would constitute a felony if
committed by an adult;
(VI) Assault during escape, as described in section 18 -8-206, that would constitute a felony
if committed by an adult;
(VII) Felony illegal possession of a handgun by a juvenile, as described in section 18 -12-
108.5, that would constitute a felony if committed by an adult;
(VIII) Misdemeanor illegal possession of a handgun by a juvenile, as described in section
18-12-108.5, that would constitute a misdemeanor if committed by an adult, if the juvenile is
contemporaneously committed to the department of human services for an offense that would
constitute a felony if committed by an adult; or
(IX) Attempt, conspiracy, or solicitation to commit any of the offenses specified in this
subsection (5)(b), which attempt, conspiracy, or solicitation would constitute a felony if
committed by an adult.
(c) Upon completion of the period of parole supervision as established by the board, the
juvenile is deemed to have discharged the juvenile's sentence to commitment in the same manner
as if the sentence were discharged pursuant to law.
(d) (I) If the juvenile court commits a juvenile to the department of human services for
concurrent sentences based on the commission of two or more offenses or consecutive sentences
based on commission of two or more offenses, the juvenile is subject to one six -month
mandatory period of parole, unless the period of parole is extended pursuant to subsection (5)(a)
of this section.
(II) As used in this subsection (5)(d), "concurrent sentence" means sentences identified by
the court as concurrent and any sentences, or portions thereof, that are served simultaneously and
that are the basis of the juvenile's treatment services during the juvenile's commitment.
(e) (I) If a juvenile's parole is revoked pursuant to section 19 -2.5-1206, the juvenile shall
serve all or a portion of the remainder of the sentence to commitment, and the period of reparole
or extended period of reparole imposed pursuant to subsection (5)(a) of this section must be
reduced by any time served on parole prior to the revocation. This subsection (5)(e) does not
limit the board's authority to grant, deny, defer, suspend, revoke, or modify a juvenile's parole
within the period of parole.
(II) If a juvenile's parole is revoked or modified pursuant to section 19 -2.5-1206, and the
juvenile has completed the period of commitment imposed by the court, the period of parole, or
extended period of parole imposed pursuant to subsection (5)(a) of this section must continue
pursuant to section 19 -2.5-1117 (1)(c)(II). The period of parole continues regardless of whether
the revocation or modification authorizes the department of human services to place the juvenile
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in a residential placement while on parole status. This does not limit the board's authority to
grant, deny, defer, suspend, revoke, or modify a juvenile's parole within the period of parole.
(6) If the hearing panel or the board determines that parole should be granted, the hearing
panel or board shall order the parolee to pay any unpaid restitution that has previously been
ordered as a condition of parole.
(7) Notice.
(a) The board, prior to consideration of the case of a juvenile for parole, shall notify the
committing court, any affected juvenile community review board, the prosecuting attorney, and
any victims of the juvenile's actions whose names and addresses have been provided by the
district attorney of the time and place of the juvenile's hearing before the board or a hearing
panel of the board. The notice must be given in order that the persons notified have an
opportunity to present written testimony to the hearing panel or the board. The board, in its sole
discretion, may allow oral testimony at any hearing and has sole discretion regarding who may
attend a juvenile parole hearing.
(b) (I) (A) Prior to consideration of the case of a juvenile for parole, the board shall provide
notice of the time and place of the juvenile's hearing before the board or a hearing panel of the
board to a victim who has provided to the division of youth services or the board a written
statement pursuant to sections 24 -4.1-302.5 and 24 -4.1-303. The notice and subsequent
interactions with the victim must be consistent with article 4.1 of title 24.
(B) The board shall notify the victim of changes in the juvenile's parole pursuant to section
24-4.1-303 (14.3).
(II) For a juvenile who is currently serving parole that implicates article 4.1 of title 24, the
division of youth services shall notify the board of any discharge as a matter of law and any
placement change that may impact public safety or victim safety as determined by the division of
youth services, including any escape or recapture.
(8) Representation of juvenile - parent. The juvenile and the juvenile's parents or guardian
must be informed that they may be represented by counsel in any hearing before the board or a
hearing panel to grant, modify, or revoke parole.
(9) Parole discharge.
(a) The board may discharge a juvenile from parole after the juvenile has served the
mandatory parole period of six months but prior to the expiration of the period of parole
supervision when it appears to the board that there is a reasonable probability that the juvenile
will remain at liberty without violating the law.
(b) (I) Based upon a request and recommendation by the division of youth services, the
board may discharge all or a portion of a juvenile's period of parole, as defined in section 19 -2.5-
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1117 (1)(b), without holding a hearing before the board or a hearing panel of the board, if the
board finds that:
(A) The juvenile is unavailable to complete the period of parole or the extended period of
parole and the juvenile is not likely to become available in a time or manner in which the
juvenile will benefit from parole services and neither community safety nor restorative justice
interests will be served through the imposition or continuation of the juvenile's parole; or
(B) The community interest in safety or restorative justice will not be served through the
imposition or continuation of juvenile parole because the juvenile is under the adult probation
supervision of the district court.
(II) As used in this subsection (9), a juvenile is unavailable to complete the period of parole
if:
(A) The juvenile, pursuant to an adult sentence, has been placed in a department of
corrections facility, adult community corrections, the youthful offender system, or a local jail, as
defined in section 17-1-102; or
(B) The juvenile has been or will be transferred out of the state of Colorado and the division
of youth services determines that the discharge is not in conflict with the interstate compact on
juveniles, part 7 of article 60 of title 24; or
(C) The juvenile is in a medical, mental health, treatment facility, or similar institution; or
(D) The board finds any other circumstance that constitutes unavailability as established in
rule.
(c) The board may discharge a juvenile from parole before completion of the mandatory six -
month parole period when the board finds that the juvenile meets, at a minimum, all of the
following conditions of special achievement:
(I) Graduation from a high school or successful completion of a high school equivalency
examination, as that term is defined in section 22-33-102 (8.5);
(II) Payment of one hundred percent of any restitution the juvenile has been ordered to pay;
(III) Certification by the juvenile's parole officer that the juvenile is ready for discharge from
parole, that takes into consideration the results of an objective risk assessment conducted by the
department of human services and is based upon researched factors that have been demonstrated
to be correlative to risk to the community; and
(IV) Presentation to the board of a plan of action prepared by the juvenile that includes the
steps the juvenile will accomplish to ensure a transition to law -abiding citizenship. If the
juvenile's plan of action includes an intent to enlist in military service, the plan must specify the
interim steps that the juvenile will take prior to entering military service.
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(d) A discharge from parole pursuant to this subsection (9) has the same legal effect as if
parole had been discharged upon completion of juvenile parole or when the sentence to
commitment was discharged as a matter of law.
(e) (I) If the board of parole decides to discharge parole supervision pursuant to this
subsection (9) for a juvenile adjudicated of any offenses described in section 16 -22-102 (9) or
24-4.1-302 (1) prior to the juvenile's mandatory parole supervision discharge date, the board
shall set the juvenile's date of parole supervision discharge at least fifteen days after notice is
provided to the victim of the discharge. If the victim elected not to receive notifications
otherwise required by law, the board shall set the date of discharge at least fifteen days after the
decision to grant early discharge of parole supervision.
(II) Notwithstanding subsection (9)(e)(I) of this section, the board shall not set a juvenile's
discharge of parole supervision date later than the juvenile's mandatory parole supervision
discharge date.
(10) Notwithstanding any provisions of law to the contrary, the department of human
services shall not retain custody of or jurisdiction over an individual who reaches twenty -one
years of age. The sentence to commitment and the period of parole are discharged as a matter of
law when a juvenile reaches twenty-one years of age.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 665, § 2,
effective October 1. L. 2023: (9)(e) added, (SB 23 -193), ch. 307, p. 1878, § 3, effective August
7. L. 2024: (1) amended, (HB 24-1445), ch. 353, p. 2408, § 8, effective September 1.
Editor's note: This section is similar to former § 19-2-1002 as it existed prior to 2021.
19-2.5-1204. Parole officers - powers - duties.
(1) Under the direction of the director of the division of youth services, the juvenile parole
officer or officers in each region established in section 19 -2.5-1202 (3) shall supervise all
juveniles living in the region who, having been committed to the department of human services,
are on parole from one of its facilities.
(2) (a) The juvenile parole officer shall give to each juvenile granted parole a written
statement of the conditions of the juvenile's parole, explain such conditions fully, and aid the
juvenile to observe them. The juvenile parole officer shall have periodic meetings with the
juvenile. The juvenile parole officer may conduct investigations or other activities as necessary
to determine whether the conditions of parole are being met and to accomplish the juvenile's
rehabilitation.
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(b) Unless inconsistent with other conditions imposed by the board, in directing that a
juvenile on parole have a periodic meeting with a juvenile parole officer, the juvenile parole
officer shall:
(I) Schedule, in good faith, meetings with the juvenile on parole at mutually agreeable times
that do not conflict with the juvenile's essential obligations, including work, education, job
training, dependent care, medical appointments, and other parole requirements; and
(II) Allow a juvenile to meet with a parole officer through a telephone call or audio -visual
communication technology.
(3) All juvenile parole officers have the powers of peace officers, as described in sections 16-
2.5-101 and 16-2.5-138, in performing the duties of their position.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 671, § 2,
effective October 1. L. 2024: (2) amended, (HB 24 -1445), ch. 353, p. 2409, § 9, effective
September 1.
Editor's note: This section is similar to former § 19-2-1003 as it existed prior to 2021.
19-2.5-1205. Administrative law judges.
An administrative law judge shall assist any hearing panel of the juvenile parole board that is
considering the suspension, modification, or revocation of a juvenile's parole.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 671, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-208 as it existed prior to 2021.
19-2.5-1206. Parole violation and revocation.
(1) The director of the division of youth services or any juvenile parole officer may arrest
any parolee when:
(a) The director or officer has a warrant commanding that the parolee be arrested; or
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(b) The director or officer has probable cause to believe that a warrant for the parolee's arrest
has been issued in this state or another state for any criminal offense or for violation of a
condition of parole; or
(c) Any offense under the laws of this state has been or is being committed by the parolee in
the director's or officer's presence; or
(d) The director or officer has probable cause to believe that a violation of law has been
committed by the parolee; or
(e) The director or officer has probable cause to believe that the parolee has violated a
condition of the juvenile's parole and probable cause to believe that the parolee is leaving or
about to leave the state, or that the parolee will fail or refuse to appear before the hearing panel to
answer charges of violations of one or more conditions of parole, or that the parolee's arrest is
necessary to prevent physical harm to the parolee or another person or to prevent the violation of
a law.
(2) When an alleged parole violator is taken into custody, the director of the division of
youth services or the juvenile parole officer shall notify the juvenile's parents, guardian, or legal
custodian without unnecessary delay.
(3) When a juvenile parole officer has reasonable grounds to believe that a parolee has
violated a condition of parole, the juvenile parole officer may issue a summons requiring the
parolee to appear before the hearing panel at a specified time and place to answer charges of
violation of one or more conditions of parole. The summons, unless accompanied by a copy of a
complaint filed before the hearing panel seeking revocation or suspension of parole or
modification of parole conditions, must contain a brief statement of the alleged parole violation
and the date and place of the alleged parole violation. Failure of the parolee to appear before the
hearing panel as required by the summons is a violation of a condition of parole.
(4) If, rather than issuing a summons, a parole officer arrests a parolee with or without a
warrant or takes custody of a parolee who has been arrested by another, the parole officer shall
place the parolee in the nearest local juvenile detention facility or shelter care facility approved
by the department of human services, if under eighteen years of age, or in the nearest county jail,
if eighteen years of age or older. Within forty-eight hours, not including Saturdays, Sundays, and
legal holidays, the parole officer shall take one of the following actions:
(a) Notify the juvenile parole board that the parolee has been arrested or taken into custody
and request that a juvenile parole preliminary hearing be conducted by an administrative law
judge; or
(b) Obtain from the parolee a written agreement that the parolee waives the right to a
juvenile parole preliminary hearing. The parolee's parent or guardian shall also sign the waiver of
the parolee if the parolee is a juvenile; or
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(c) Release the parolee if the parolee is not subject to other actions that require further
detention.
(5) An administrative law judge shall, upon the request of the juvenile parole board, conduct
a preliminary hearing in a case in which a parole violation has been alleged to determine whether
there is probable cause to believe that the parolee has violated a condition of parole, pursuant to
subsection (4) of this section.
(6) Whenever an administrative law judge schedules a preliminary hearing pursuant to
subsection (5) of this section, the juvenile parole officer shall notify the parolee and the parolee's
parent, guardian, or legal custodian of the following information:
(a) The date, the time, and the place of the preliminary hearing and the name of the
administrative law judge;
(b) That the purpose of the hearing is to determine whether there is probable cause to believe
that the parolee has violated parole;
(c) That at the preliminary hearing the parolee will be permitted to present evidence, either
oral or documentary, in person or by other witnesses, in defense of any alleged parole violation;
(d) A statement of any alleged parole violation;
(e) A brief summary of the evidence tending to establish any alleged parole violation; and
(f) That the parolee has the right to counsel at the preliminary hearing.
(7) (a) At any preliminary hearing held pursuant to subsection (5) of this section, the
administrative law judge shall hear any offered testimony and determine whether there is
probable cause to believe that the parolee has violated parole. If probable cause has not been
shown, the administrative law judge shall order the parolee's release and make a written report of
the judge's findings to the juvenile parole board within fourteen days of the hearing.
(b) If the administrative law judge finds that probable cause exists to believe that the parolee
has violated parole, the administrative law judge shall order that the parolee be held to answer
the charge before a hearing panel and shall order that the juvenile parole officer return the
parolee without unnecessary delay to any of the juvenile corrections facilities of the department
of human services pending a hearing before a hearing panel on the complaint for revocation,
suspension, or modification of the juvenile's parole.
(8) Within fourteen working days after the finding of probable cause by the preliminary
administrative law judge, the juvenile parole officer shall complete the officer's investigation and
either:
(a) File a complaint before the hearing panel in which the facts are alleged upon which a
revocation of parole is sought; or
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(b) Recommend to the director of the division of youth services, or the director's designee,
that the parolee, if detained, be released and the violation proceedings be dismissed. The director,
or the director's designee, shall determine whether to cause the violation proceedings to be
dismissed, and, if he or she elects to cause dismissal, the parolee must be released or notified that
the parolee is relieved of obligation to appear before the hearing panel. In such event, the
director, or the director's designee, shall give written notification to the board of such action.
(9) A complaint filed by a juvenile parole officer in which revocation of parole is sought
must contain the name of the parolee, identify the violation charged and the condition or
conditions of parole alleged to have been violated, including the date and approximate location
of the violation, and be signed by the juvenile parole officer. A copy must be given to the parolee
and the parolee's parents, guardian, or legal custodian at least seven days before a hearing on the
complaint is held before the hearing panel.
(10) The board may order the detention of any parolee for failure to appear as required by the
summons issued pursuant to subsection (3) of this section.
(11) At least seven days before the appearance of a parolee before the hearing panel, the
juvenile parole officer shall provide, in writing, to the parolee and the parolee's parents, guardian,
or legal custodian the following:
(a) A statement of the nature of the charges that are alleged to justify revocation or
suspension of parole and the substance of the evidence sustaining the charges;
(b) A copy of the complaint unless he or she has already received one;
(c) A listing of the consequences that may follow in the event parole is revoked; and
(d) An advisement that, if the parolee denies the charges, a hearing will be held before the
hearing panel, that, at the hearing, the parolee may testify and present witnesses and
documentary evidence in defense of the charges or in mitigation or explanation, and that the
parolee has the right to counsel at the hearing.
(12) At the hearing before the hearing panel, if the parolee denies the violation, the division
of youth services has the burden of establishing by a preponderance of the evidence the violation
of a condition or conditions of parole. The hearing panel shall, when it appears that the alleged
violation of conditions of parole consists of an offense with which the parolee is charged in a
criminal case then pending, continue the parole violation hearing until the termination of the
criminal proceeding. Any evidence having probative value is admissible regardless of its
admissibility under exclusionary rules of evidence if the parolee is accorded a fair opportunity to
rebut hearsay evidence. The parolee has the right to confront and to cross -examine adverse
witnesses unless the administrative law judge specifically finds good cause for not allowing
confrontation.
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(13) If the hearing panel determines that a violation of a condition or conditions of parole has
been committed, it shall hear further evidence related to the parolee's disposition. At the
conclusion of the hearing, the hearing panel shall advise the parties of its findings and
recommendations and of their right to request a review before the board. Such review may be
held if a written request is filed within fourteen days after the conclusion of the hearing before
the hearing panel. If a review before the board is not requested or the right to review is waived,
the findings and recommendations of the hearing panel, if unanimous, become the decision of the
juvenile parole board unless the board on its own motion orders a review.
(14) The case of a juvenile alleged or found to have violated the conditions of parole outside
the state of Colorado must be handled according to the interstate compact on juveniles, part 7 of
article 60 of title 24.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 671, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1004 as it existed prior to 2021.
PART 13
APPEALS
19-2.5-1301. Appeals.
(1) Appellate procedure is governed by the Colorado appellate rules. Initials must appear on
the record on appeal in place of the juvenile's and other respondents' names. Appeals must be
advanced on the calendar of the appellate court and decided at the earliest practical time.
(2) The prosecution in a delinquency case may appeal any decision of the trial court as
provided in section 16-12-102.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 675, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-903 as it existed prior to 2021.
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ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Juvenile court's finding that a juvenile
cannot be restored to competency is a
final appealable order. People ex rel. C.Y .,
2012 COA 31, 275 P.3d 762.
Juvenile delinquency cases may be
appealed to the supreme court after trial.
People in Interest of P.L.V . v. P.L.V ., 172
Colo. 269, 472 P.2d 127 (1970).
An interlocutory appeal is not available
to either the state or the respondent in a
delinquency proceeding under the Colorado
Children's Code. People in Interest of P.L.V .
v. P.L.V ., 172 Colo. 269, 472 P.2d 127
(1970).
Neither the state nor the respondent can
prosecute interlocutory appeals in
delinquency proceedings. People in Interest
of G.D.K. v. G.D.K., 30 Colo. App. 54, 491
P.2d 81 (1971).
C.A.R. 4.1 does not apply. C.A.R. 4.1
cannot be stretched to permit an
interlocutory appeal in a delinquency
proceeding without doing violence to the
distinction carefully drawn by the supreme
court between a criminal proceeding and a
proceeding in delinquency. People in
Interest of P.L.V . v. P.L.V ., 172 Colo. 269,
472 P.2d 127 (1970).
C.A.R. 4.1, which authorizes certain
interlocutory appeals in criminal cases, has
no application to delinquency proceedings.
People in Interest of G.D.K. v. G.D.K., 30
Colo. App. 54, 491 P.2d 81 (1971).
Application of C.A.R. 1(a)(1).
Delinquency proceedings are no less subject
to the finality requirements of C.A.R.
1(a)(1) than any other type of proceeding.
People in Interest of D.H., 37 Colo. App.
544, 552 P.2d 29 (1976), aff'd, 192 Colo.
542, 561 P.2d 5 (1977).
Applied in People in Interest of R.R., 43
Colo. App. 208, 607 P.2d 1013 (1979).
19-2.5-1302. Posttrial bail.
A juvenile's application for posttrial bail is governed by part 2 of article 4 of title 16 and
section 19-2.5-306, as it relates to bail.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 675, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-904 as it existed prior to 2021.
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PART 14
ADMINISTRATION
SUBPART A
IN GENERAL
19-2.5-1401. Responsible agencies.
The department of human services is the single state agency responsible for the oversight of
the administration of juvenile programs and the delivery of services for juveniles and their
families in this state. In addition, the department of human services is responsible for juvenile
parole. The state judicial department is responsible for the oversight of juvenile probation. The
department of public safety is responsible for the oversight of community diversion programs
and programs funded through the allocation authorized in section 19 -2.5-402 (2). The state
agencies described in this section shall jointly oversee the application by judicial districts of the
placement criteria established by the working group pursuant to section 19-2.5-1404.
Source: L. 2021: Entire section amended, (SB 21-066), ch. 64, p. 254, § 1, effective April 29;
entire article added with relocations, (SB 21-059), ch. 136, p. 675, § 2, effective October 1.
Editor's note: (1) This section is similar to former § 19-2-202 as it existed prior to 2021.
(2) This section was numbered as 19 -2-202 in SB 21 -066 (see L. 2021, p. 254). Those
provisions were harmonized with this section as they appear in SB 21-059.
19-2.5-1402. Juvenile community review board.
(1) A board of county commissioners or the city council of the city and county of Denver or
more than one board of county commissioners may adopt a written resolution requiring approval
by a juvenile community review board of residential community placements within its county of
juveniles under commitment to the department of human services. Upon the effective date of
such resolution and notice to the department of human services, a juvenile committed to the
custody of the department of human services shall not be placed into a residential community
placement in that county or region unless and until the placement is approved by the juvenile
community review board.
(2) A juvenile community review board may be consolidated with other local advisory
boards pursuant to section 24-1.7-103.
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(3) Notification of any placement of a juvenile under the jurisdiction of the juvenile parole
board must be made to the juvenile community review board prior to or at the time of placement.
(4) (a) Prior to placement of a juvenile in a residential community placement, the juvenile
community review board shall review the juvenile's case file. It is the responsibility of the
department of human services to provide accurate information regarding the juvenile and the
proposed placement to the juvenile community review board. The information must include, but
not be limited to, a history of delinquent adjudications, a social history, an educational history, a
mental health treatment history, a drug and alcohol treatment history, and a summary of
institutional progress. Each juvenile case referred to the board must be reviewed within fourteen
days from the date the referral is received.
(b) The board shall review the juvenile's case file and make a decision regarding residential
community placement, taking into consideration the results of a validated risk and needs
assessment adopted pursuant to section 24 -33.5-2402 (1), as it existed prior to its repeal in 2022,
by the department of human services, the criteria established by the juvenile community review
board based on the interests of the community, and guidance established by the department of
human services in consultation with the committee on juvenile justice reform established
pursuant to section 24 -33.5-2401, as it existed prior to its repeal in 2022. The criteria must be
based upon researched factors that have been demonstrated to be correlative to risk to the
community.
(c) All names, addresses, and information regarding a juvenile case reviewed by the juvenile
community review board are confidential and not disclosed except to the board or its designees,
the Colorado bureau of investigation, and any law enforcement agency, without express written
permission of the juvenile and the legal custodian.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 675, § 2,
effective October 1. L. 2022: (4)(b) amended, (HB 22 -1211), ch. 79, p. 395, § 10, effective
December 31.
Editor's note: This section is similar to former § 19-2-210 as it existed prior to 2021.
19-2.5-1403. Division of youth services - community boards. (Repealed)
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 676, § 2,
effective October 1. L. 2023: Entire section repealed, (SB 23 -210), ch. 251, p. 1426, § 1,
effective May 24.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Editor's note: This section is similar to former § 19-2-203.5 as it existed prior to 2021.
19-2.5-1404. Working group for criteria for placement of juvenile offenders -
establishment of formula - review of criteria - report.
(1) (a) The executive director of the department of human services and the state court
administrator of the judicial department, or any designees of such persons, shall form a working
group that includes representatives from:
(I) The division of criminal justice of the department of public safety;
(II) The office of state planning and budgeting;
(III) The Colorado district attorneys' council;
(IV) Law enforcement, including at least one representative from a statewide organization of
county sheriffs;
(V) The public defender's office and the office of alternate defense counsel;
(VI) The office of the child representative;
(VII) Juvenile probation;
(VIII) Juvenile court judges and magistrates;
(IX) Local and county governments, including at least three representatives from county
departments of human or social services;
(X) The division of youth services;
(XI) The division of child welfare;
(XII) The local juvenile services planning committees, created in section 19-2.5-302; and
(XIII) Organizations that advocate for youth involved in the juvenile justice system.
(a.5) The working group must also include at least two persons directly affected by the
incarceration of youth, of whom, at least one person who is or was a youth in the custody of a
division of youth services facility.
(b) The working group shall carry out the following duties:
(I) To establish a set of criteria for both detention and commitment for the purposes of
determining which juvenile offenders are appropriate for placement in the physical or legal
custody of the department of human services. The criteria must conform with section 19-2.5-305.
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This set of criteria, when adopted by the department of human services and the judicial
department, must promote a more uniform system of determining which juveniles should be
placed in the physical custody of the department of human services or in the legal custody of the
department of human services so that decisions for placement of a juvenile are made based upon
a uniform set of criteria throughout the state. In addition, the criteria must specifically take into
account the juvenile's educational needs and ensure the juvenile's access to appropriate
educational services. The working group established pursuant to this subsection (1) shall hold a
meeting at least four times each year and as necessary to review and propose revision to the
criteria established pursuant to this subsection (1) and the formula created pursuant to subsection
(1)(b)(V) of this section.
(II) Before January 1, 2021, to develop or adopt by a majority vote of the working group a
research-based detention screening instrument to be used statewide to inform placement of
juveniles in a detention facility. In developing or adopting the detention screening instrument, the
working group shall consult with expert organizations and review research and best practices
from other jurisdictions. The working group is also responsible for:
(A) Ensuring that the instrument identifies and mitigates any disparate impacts based on
disability, race or ethnicity, gender, sexual orientation, national origin, economic status, or child
welfare involvement;
(B) Identifying measures and scoring for the detention screening instrument to determine
eligibility for placement in a juvenile detention facility;
(C) Identifying how the instrument is validated and piloted; and
(D) Establishing statewide scoring override policies that minimize subjective decisions to
hold a juvenile in a detention facility, while allowing for local flexibility;
(III) Before January 1, 2021, to develop a plan to provide training and technical assistance to
screening teams on the implementation of the detention screening instrument, including at least
annual refresher training;
(IV) Before January 1, 2021, to develop a plan for the division of youth services to collect,
compile, and report to the judiciary committees of the senate and the house of representatives,
the health and human services committee of the senate, and the public health care and human
services committee of the house of representatives, or any successor committees, annually on the
use of secure detention; number and justification of overrides of the detention screening
instrument as conducted pursuant to section 19-2.5-303; and, if possible, an analysis of detention
screening instrument data to determine if any disparate impacts resulted based on race, ethnicity,
gender, sexual orientation, national origin, economic status, or child welfare involvement. The
division of youth services shall recommend any necessary changes to appropriations that need to
be made prior to fully implementing this section's recommendations. Notwithstanding section
24-1-136 (11)(a)(I), this reporting requirement continues indefinitely.
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(V) To establish a formula for the purpose of allocating funds by each judicial district in the
state of Colorado for alternative services to placing juveniles in the physical custody of the
department of human services or in the legal custody of the department of human services. The
allocation must take into consideration such factors as the population of the judicial district, the
incidence of offenses committed by juveniles in such judicial district, and other factors as
deemed appropriate. The working group shall consider and take into account whether any federal
money or matching funds are available to cover the costs of juveniles within the system,
including parent fees and third -party reimbursement as authorized by law or reimbursements
under Title IV-E of the federal "Social Security Act", as amended.
(VI) Before January 1, 2021, to establish criteria for juveniles served through alternative
services funded pursuant to subsection (1)(b)(V) of this section. The criteria must prioritize:
(A) Preadjudicated juveniles eligible for placement in a detention facility as determined by
results from a detention screening instrument;
(B) Juveniles who are in secure detention; and
(C) Juveniles under the supervision of probation when the results of a detention screening
instrument indicate that the juvenile is eligible for detention.
(VII) At least annually review data collected by the division of youth services on the use of
funding pursuant to subsection (1)(b)(V) of this section and its impact on the use of juvenile
detention. The working group shall identify the measures that it will collect as part of its review
of the impact of preadjudicated funding on detention pursuant to this section.
(VIII) Before January 1, 2021, to adopt a relative information form concerning a juvenile's
potential need for services or placement. The information form must be available at each judicial
district to each parent or legal guardian of a juvenile screened for detention and participation in
alternative services. The information form must:
(A) Advise the parent or legal guardian that he or she is required to provide the requested
information fully and completely; and
(B) Require the parent or legal guardian to list the names, addresses, email addresses, and
telephone numbers of every grandparent, relative, kin, and person with a significant relationship
with the juvenile and any comments concerning the appropriateness of the juvenile's potential
need for services from or placement with those persons.
(IX) Before January 1, 2021, to develop a system of graduated responses and rewards to
guide parole officers in determining how best to motivate positive juvenile behavior change and
the appropriate response to a violation of terms and conditions of juvenile parole. Graduated
responses means an accountability -based series of sanctions and services designed to respond to
a juvenile's violation of parole quickly, consistently, and proportionally and incentives to
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motivate positive behavior change and successful completion of parole and the juvenile's reentry
and treatment goals.
(X) Repealed.
(2) Of the members of the working group established pursuant to subsection (1) of this
section, the executive director of the department of human services and the state court
administrator of the judicial department, or any designees of such persons, have final authority to
carry out the duty of creating the set of criteria pursuant to subsections (1)(b)(I) to (1)(b)(IV) of
this section and creating the formula pursuant to subsections (1)(b)(V) to (1)(b)(VII) of this
section. This authority can only be exercised after working with and participating in the working
group process established in this section.
(3) (a) On or before October 31, 2021, and at least four times each year thereafter and as
necessary to perform the duties described in this subsection (3), the working group shall convene
for the purpose of examining the availability of alternatives to youth detention and the use of
detention beds, and examining necessary investments in alternatives to youth detention,
including less restrictive placements that serve alleged and adjudicated juvenile offenders and
community-based services that allow alleged and adjudicated juvenile offenders to live with
family or kin. The working group shall carry out the following duties:
(I) By October 31, 2022, the working group shall develop performance standards and
outcome measures to evaluate the degree to which alleged and adjudicated offenders are in the
least restrictive setting with appropriate services. The performance standards and outcome
measures must:
(A) Evaluate whether the number of alternative placements, range of services offered by
such placements, and community -based services available meet the needs of youth in each
judicial district and county; and
(B) Determine whether and how specific data and outcome measures must be reported to
evaluate the efficacy of less restrictive placements and community-based services.
(II) The working group shall advise the department of human services concerning policies,
procedures, and best practices related to serving youth in the least restrictive setting.
(III) The working group shall review the data provided by the department of human services
pursuant to subsection (3)(b) of this section, and provide recommendations:
(A) To enhance the continuum of community -based services and placement options for
alleged and adjudicated juvenile offenders, including recommendations to improve availability
and quality of less restrictive alternative placements and community-based services for youth;
(B) Regarding any changes to secure detention bed capacity limits and the allocation of
detention beds across the state; and
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(C) For future data collection and reporting to assist the working group in completing its
duties.
(b) On or before July 1, 2023, and on or before July 1 each year thereafter, the department of
human services shall submit a report to the working group, the judiciary committees of the senate
and the house of representatives, or any successor committees, and the health and human
services committee of the senate and the public and behavioral health and human services
committee of the house of representatives, or any successor committees. The report must include
the data collected pursuant to subsection (3)(d) of this section for the prior calendar year and the
following:
(I) An analysis of the data collected in accordance with the performance standards and
outcome measures developed pursuant to subsection (3)(a)(I) of this section, and an analysis of
the progress toward meeting the performance standards and outcome measures developed
pursuant to subsection (3)(a)(I) of this section;
(II) The status of implementation of efforts guided by the working group's recommendations
pursuant to subsection (3)(a)(II) of this section;
(III) An analysis of the continuum of in -home and out -of-home placement options and
supports for alleged juvenile offenders, including the current availability capacities of the options
and supports, including:
(A) An analysis of the availability of and demand for less restrictive alternative placements
in each judicial district and county, including but not limited to residential treatment facilities,
qualified residential treatment programs, nonqualified residential treatment programs, residential
community placements, shelter placements, and family-type settings, including but not limited to
foster care;
(B) An analysis of the availability and use of funding for less restrictive alternative
placements in each judicial district and county, including but not limited to residential treatment
facilities, qualified residential treatment programs, nonqualified residential treatment programs,
residential community placements, shelter placements, and family -type settings, including but
not limited to foster care;
(C) An analysis of the availability of and demand for community -based services in each
judicial district and county offered to alleged and adjudicated juvenile offenders that assist in
allowing children to live with family or kin, including the types of community -based services
available and capacity for each type of service in each judicial district and county; and
(D) An analysis of the availability and use of funding for community -based services in each
judicial district and county offered to alleged and adjudicated juvenile offenders, including the
amount of funding spent on different types of services;
(IV) An analysis of barriers to placing youth in less restrictive alternative placements;
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(V) The number of youth in detention awaiting placement in a less restrictive community
setting;
(VI) The number of youth in detention charged by direct filing pursuant to section 19 -2.5-
801 by judicial district or county, and the average length of stay in detention for these youth;
(VII) An analysis of the number of youth placed in less restrictive alternative placements,
including but not limited to residential treatment facilities, qualified residential treatment
programs, nonqualified residential treatment programs, residential community placements,
shelter placements, and family -type settings, including but not limited to foster care, and the
length of stay in these placements for alleged and adjudicated offenders;
(VIII) An analysis of the involvement of youth and their families, and their satisfaction with
less restrictive alternative placements;
(IX) An analysis of the number of alleged and adjudicated juvenile offenders who are served
by county departments through their child welfare systems and the impact on those county
departments;
(X) The number of youth, by age and by judicial district, who at the time they received
services from a county department, including, but not limited to, services received through
prevention services, an assessment, or an open dependency and neglect case:
(A) Had an open delinquency case in a district court;
(B) Were on juvenile probation; or
(C) Had a juvenile deferred sentence;
(XI) The number of youth, by age and by judicial district, who at the time they were placed
in out-of-home placement by a county department:
(A) Had an open delinquency case in a district court;
(B) Were on juvenile probation; or
(C) Had a juvenile deferred sentence;
(XII) The age, race, gender, and disability status for the children described in subsections
(3)(b)(X) and (3)(b)(XI) of this section; and
(XIII) The recommendations of the working group made pursuant to subsection (3)(a)(III) of
this section.
(c) Notwithstanding section 24 -1-136 (11)(a)(I), the report required in subsection (3)(b) of
this section continues indefinitely.
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(d) Beginning for state fiscal year 2023 -24, and for each fiscal year thereafter, the state
department shall collect data statewide concerning the following:
(I) The demographic information, including race, ethnicity, gender, age, sexual orientation,
gender identity, and disability status, to the extent the information is available, of the youth in
each detention facility who are eligible for release from a detention facility without an additional
court order if services or a placement are available for the youth but who are being held in
detention due to lack of available services or placement;
(II) The number of temporary emergency detention beds, described in section 19 -2.5-1407.3
(4), used each day in each catchment area; and
(III) The number of youth released from detention solely because the number of youth
detained statewide exceeded the statewide detention bed cap established in section 19-2.5-1514.
(e) (I) The working group shall conduct a study to determine how to identify, who possesses,
and the best method to collect and report the following data and information related to juveniles
who are detained:
(A) The number of court orders requested in each judicial district to release a youth who
could not otherwise be released from detention and the order was requested solely because the
number of youth detained in the judicial district exceeded the number of juvenile detention beds
allocated by the division of youth services to the judicial district;
(B) The number of youth in each judicial district who could not otherwise be released from
detention who were released pursuant to a court order to make a detention bed available in the
catchment area; and
(C) The number of youth eligible for release from a detention facility without an additional
court order who, after being held in detention for a period of time due to a lack of available
services or placement, are released from detention without the identified services or placement,
and the number of days between the identification of the need for services or placement and
release, for each youth.
(II) The working group shall include the results of the study in its recommendations made
pursuant to subsection (3)(a)(III) of this section.
(f) If the department is unable to provide any of the data required in the annual report
pursuant to subsection (3)(b) of this section, the department shall include in the report its plan to
collect and report on the data that is currently unavailable in the following year. The department
shall report the missing data the following year.
Source: L. 2021: IP(1)(a), (1)(a)(IV), (1)(a)(VIII), (1)(a)(IX), and (1)(b)(I) amended and
(1)(a)(X), (1)(a)(XI), (1)(a)(XII), (1)(a)(XIII), (1)(a.5), and (3) added, (SB 21 -071), ch. 463, p.
Colorado Revised Statutes 2026
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3336, § 7, effective July 6; entire article added with relocations, (SB 21 -059), ch. 136, p. 677, §
2, effective October 1. L. 2022: (1)(b)(X) added, (HB 22 -1056), ch. 383, p. 2740, § 2, effective
June 7. L. 2023: (1)(b)(VII) and IP(3)(b) amended and (3)(d) and (3)(e) added, (HB 23 -1307),
ch. 442, p. 2588, § 4, effective June 7; (3)(b)(IX) and (3)(b)(X) amended and (3)(b)(XI),
(3)(b)(XII), (3)(b)(XIII), (3)(b)(XIV), and (3)(f) added, (HB 23 -1249), ch. 287, p. 1721, § 2,
effective August 7. L. 2024: (3)(b) amended, (HB 24 -1450), ch. 490, p. 3409, § 25, effective
August 7. L. 2025: (1)(b)(X) repealed, (SB 25-235), ch. 139, p. 527, § 2, effective April 28.
Editor's note: (1) This section is similar to former § 19-2-212 as it existed prior to 2021.
(2) Subsections IP(1)(a), (1)(a)(IV), (1)(a)(VIII), (1)(a)(IX), (1)(a)(X), (1)(a)(XI), (1)(a)(XII),
(1)(a)(XIII), (1)(a.5), (1)(b)(I), and (3) were numbered as 19 -2-212 IP(1)(a), (1)(a)(IV),
(1)(a)(VIII), (1)(a)(IX), (1)(a)(X), (1)(a)(XI), (1)(a)(XII), (1)(a)(XIII), (1)(a.5), (1)(b)(I), and (3)
in SB 21 -071 (see L. 2021, p. 3336). Those provisions were harmonized with subsections
IP(1)(a), (1)(a)(IV), (1)(a)(VIII), (1)(a)(IX), (1)(a)(X), (1)(a)(XI), (1)(a)(XII), (1)(a)(XIII),
(1)(a.5), (1)(b)(I), and (3) of this section as they appear in SB 21-059.
Cross references: (1) For Title IV-E of the federal "Social Security Act", see 42 U.S.C. § 670
et seq.
(2) For the legislative declaration in HB 23 -1307, see section 1 of chapter 442, Session Laws
of Colorado 2023. For the legislative declaration in HB 23 -1249, see section 1 of chapter 287,
Session Laws of Colorado 2023.
19-2.5-1405. Working group - allocation of beds.
(1) The executive director of the department of human services and the state court
administrator in the judicial department, or their designees, in consultation with the division of
criminal justice of the department of public safety, the office of state planning and budgeting, the
Colorado district attorneys' council, and law enforcement representatives, shall form a working
group that has the following duties:
(a) To allocate and reallocate, as necessary, a number of juvenile detention beds to each
catchment area in the state created pursuant to section 19 -2.5-1513, as limited by the number of
juvenile beds established pursuant to section 19 -2.5-1514. The working group may allocate or
reallocate any portion of the detention beds allocated to catchment areas to the judicial districts
within those catchment areas. Judicial districts shall not exceed the number of beds allocated to
them except for circumstances provided for in subsection (1)(b) of this section.
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(b) To develop a mechanism for judicial districts to collaboratively use detention beds
allocated to catchment areas but unallocated to judicial districts and a mechanism to loan
detention beds to other judicial districts; and
(c) To develop emergency release guidelines that must be used by each judicial district to
prevent placement of a juvenile in a juvenile detention facility in excess of the total number of
juvenile detention beds established pursuant to section 19-2.5-1514.
(d) (Deleted by amendment, L. 2025).
Source: L. 2021: IP(1) and (1)(b) amended, (SB 21 -071), ch. 463, p. 3335, § 5, effective July
6; entire article added with relocations, (SB 21 -059), ch. 136, p. 680, § 2, effective October 1. L.
2025: Entire section amended, (HB 25-1146), ch. 358, p. 1931, § 1, effective July 1.
Editor's note: (1) This section is similar to former § 19-2-1202 as it existed prior to 2021.
(2) Subsections IP(1) and (1)(b) were numbered as 19 -2-1202 IP(1) and (1)(b) in SB 21 -071
(see L. 2021, p. 3335). Those provisions were harmonized with subsections IP(1) and (1)(b) of
this section as they appear in SB 21-059.
19-2.5-1406. Juvenile probation departments or divisions - service agreements.
(1) The juvenile court is authorized to establish juvenile probation departments or divisions.
(2) Subject to section 13-3-105, the juvenile court is authorized to appoint juvenile probation
officers and such other professional and clerical personnel as may be required. Juvenile
probation officers have the powers and duties specified in section 19 -2.5-1107 and have the
powers of peace officers, as described in sections 16-2.5-101 and 16-2.5-138.
(3) Upon the agreement of the juvenile court judges, the approval of the chief judge in each
district or, for the second judicial district, the presiding judge of the Denver juvenile court, and
the approval of the chief justice of the supreme court, two or more contiguous judicial districts
may combine to form an interdistrict juvenile probation department.
(4) (a) The juvenile court judges are authorized to enter into agreements with the state
department of human services, county departments of human or social services, other public
agencies, private agencies, or with other juvenile courts to provide supervision or other services
for juveniles placed on probation by the court.
(b) The conditions and terms of any such agreement must be set forth in writing, including
any payments to be made by the court for the services provided.
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(c) Any agreement made pursuant to this subsection (4) may be terminated with ninety -one
days written notice by either party.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 681, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-204 as it existed prior to 2021.
ANNOTATION
Juvenile court had no jurisdiction to
order the placement of a juvenile in the
custody of the department of human
services when the district court ordered that
juvenile held in county jail awaiting trial on
charges filed against the juvenile as an adult.
People v. Juvenile Court, 915 P.2d 1274
(Colo. 1996) (decided under former law).
19-2.5-1407. Appropriations to department of human services for services to juveniles -
definition.
(1) The general assembly shall appropriate money for the provision of services to juveniles
to the department of human services. The department of human services shall allocate such
money by each judicial district in the state. The appropriation and allocation must be made based
upon the formula developed pursuant to section 19 -2.5-1404 (1)(b)(V). The department of
human services shall administer the appropriated money. The money appropriated to the
department of human services for allocation by each judicial district must be expended in the
judicial district by the department of human services for services to juveniles that are intended to
prevent the juvenile from being held in detention prior to adjudication, including implementing
options provided in the screening instrument described in section 19 -2.5-1404; sentenced to
detention; or committed to the department of human services or to reduce the length of time the
juvenile is held in preadjudication or postadjudication detention or held in a commitment facility
operated pursuant to section 19 -2.5-1502. If a judicial district has a local juvenile services
planning committee, the expenditure of money for juvenile services in the judicial district must
be made in accordance with the plan developed pursuant to section 19-2.5-302.
(2) For the purposes of this section, a "juvenile" also includes a youth ten years of age or
older but less than seventeen years of age who is habitually truant, as defined in section 22 -33-
102 (3.5), and who the court has ordered to show cause why the juvenile should not be held in
contempt of court pursuant to section 22 -33-108 (7), when funds are expended for services that
are intended to prevent the youth from being held in detention or sentenced to detention.
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(3) Repealed.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 681, § 2,
effective October 1. L. 2022: (1) amended and (3) added, (HB 22 -1056), ch. 383, p. 2738, § 1,
effective June 7. L. 2025: (3)(f) amended, (SB 25-235), ch. 139, p. 527, § 1, effective April 28.
Editor's note: (1) This section is similar to former § 19-2-310 as it existed prior to 2021.
(2) Subsection (3)(c)(I)(B) provided for the repeal of subsection (3)(c)(I), effective July 1,
2023. (See L. 2022, p. 2738.)
(3) Subsection (3)(f) was amended in SB 25 -235, effective April 28, 2025. For the
amendments in SB 25 -235 in effect from April 28, 2025, to June 30, 2025, see chapter 139,
Session Laws of Colorado 2025. (L. 2025, p. 527.)
(4) Subsection (3)(f) provided for the repeal of subsection (3), effective June 30, 2025. (See L.
2025, p. 527.)
19-2.5-1407.3. Appropriation to the department of human services - allocation to
judicial districts - provider incentives - appropriation.
(1) For state fiscal year 2023 -24, and for each state fiscal year thereafter, the general
assembly shall appropriate three million three hundred forty thousand one hundred nineteen
dollars from the general fund to the department for youth who are detained or can be placed in
lieu of detention.
(2) Of the money appropriated pursuant to subsection (1) of this section, the department shall
allocate two hundred thousand dollars for use by the division of youth services to support
services for youth who are detained or can be placed in lieu of detention. The division may use
the money for any of the following:
(a) Community-based outpatient therapeutic services, including mental and behavioral health
services, family therapy services, and substance use treatment and therapy;
(b) Mentorship services for youth, including ensuring continuity of mentorship services after
a youth is released from detention; and
(c) Supports to assist with moving youth who require out -of-home placement quickly from
detention to the out-of-home placement, including, but not limited to:
(I) Support for a grandparent, kin, or other suitable person for care of a juvenile released to
the person's care;
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(II) Support for foster parents;
(III) Recruitment of foster parents; and
(IV) Respite child care.
(3) Of the money appropriated pursuant to subsection (1) of this section, the department shall
use one million seven hundred eighty thousand one hundred thirty -seven dollars to provide
incentives and remove barriers for licensed providers to serve youth who may be placed in
community residential facilities or family-like settings in lieu of detention. In order to be eligible
to receive an incentive or other funding pursuant to this subsection (3), a provider must be
licensed to provide or operate any of the following: Temporary shelter, as defined in section 19 -
1-103; a residential child care facility, as defined in section 26 -6-903; a qualified residential
treatment program, as defined in section 26 -5.4-102; a psychiatric residential treatment facility,
as defined in section 25.5 -4-103; therapeutic foster care or treatment foster care, as each is
defined in section 26-6-903; or a foster care home, as defined in section 26-6-903 (10).
(4) (a) Of the money appropriated pursuant to subsection (1) of this section, the department
shall use one million three hundred fifty -nine thousand nine hundred eighty -two dollars for the
provision of temporary emergency detention beds described in subsection (4)(b) of this section.
(b) Thirty -nine emergency detention beds are available statewide. An emergency detention
bed does not count toward the limit of juvenile detention beds available pursuant to section 19 -
2.5-1514. The department shall allocate and reallocate, as necessary, the number of emergency
detention beds to each catchment area in the state created pursuant to section 19 -2.5-1513. An
available emergency detention bed within a judicial district's catchment area may be used by a
judicial district in the catchment area if:
(I) The judicial district is presented with a juvenile who meets the criteria for detention
pursuant to sections 19-2.5-303 and 19-2.5-304;
(II) All available detention beds allocated to the judicial district by the working group
pursuant to section 19-2.5-1405 are fully utilized;
(III) No nonemergency detention beds within the judicial district's catchment area at the
initial receiving juvenile detention facility are available;
(IV) Each detention bed loaned by the judicial district to another judicial district, as
described in section 19 -2.5-1405 (1)(b), has been reverted to the loaning judicial district, unless
doing so would require a juvenile to be transported to another facility; and
(V) Services that would mitigate the substantial risk of harm to others that are presented by
the juvenile or the juvenile's risk of flight from prosecution are unavailable for a juvenile
currently placed in detention in the judicial district as demonstrated in the report pursuant to
subsection (4)(c)(IV) of this section.
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(c) (I) and (II) (Deleted by amendment, L. 2025).
(III) If a detention bed within the judicial district's allocation becomes available, the juvenile
utilizing an emergency detention bed shall revert to the nonemergency detention bed and the
requirements in this subsection (4) no longer apply. If a detention bed becomes available within
the judicial district's allocation or catchment area but at a different facility, the juvenile may, at
the discretion of the judicial district, remain in the emergency detention bed in lieu of
transferring to the nonemergency detention bed in a different facility.
(IV) Beginning August 15, 2025, the department shall report on a monthly basis an
aggregated report of the status of all youth who are in detention and who are awaiting services
that would mitigate the substantial risk of harm to others that are presented by the juvenile or the
juvenile's risk of flight from prosecution and the number of emergency beds used by each
judicial district or facility.
(5) Repealed.
Source: L. 2023: Entire section added, (HB 23 -1307), ch. 442, p. 2584, § 2, effective June 7.
L. 2025: (4)(b) and (4)(c) amended, (HB 25-1146), ch. 358, p. 1932, § 3, effective July 1.
Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective June 30,
2024. (See L. 2023, p. 2584.)
Cross references: For the legislative declaration in HB 23 -1307, see section 1 of chapter 442,
Session Laws of Colorado 2023.
19-2.5-1407.5. Juvenile placement survey and cost report - repeal.
(1) On or before July 1, 2027, the division of youth services shall publish a report concerning
available placements for juveniles who are awaiting mitigating services in the state. The report
must include, at a minimum:
(a) The number of available placements for juveniles who are awaiting mitigating services,
reported for the state as a whole and for each catchment area;
(b) The number of each type of available placement for juveniles who are awaiting
mitigating services, reported for the state as a whole and for each catchment area;
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(c) Findings concerning challenges experienced in placing juveniles in each type of
placement for juveniles who are awaiting mitigating services, including information concerning
costs associated with each type of available placement; and
(d) Findings and recommendations for legislation or policy solutions to alleviate challenges
identified pursuant to completing the report.
(2) The division of youth services shall work with providers statewide to identify barriers to
placing juveniles in mitigating services and make recommendations to mitigate the barriers.
Directives include examining, at a minimum:
(a) Staffing required to coordinate potential placements; and
(b) Identifying placement options and negotiation of daily rates.
(3) On or before July 1, 2027, the division of youth services shall provide its report to the
house of representatives health and human services committee and the senate health and human
services committee, or their successor committees.
(4) This section is repealed, effective July 1, 2028.
Source: L. 2025: Entire section added, (HB 25-1146), ch. 358, p. 1934, § 4, effective July 1.
SUBPART B
PROGRAMS
19-2.5-1408. Victim-offender conferences - pilot program.
The division of youth services is authorized to establish a pilot program, when funds become
available, in its facilities to facilitate victim -initiated victim -offender conferences whereby a
victim of a crime may request a facilitated conference with the juvenile who committed the
crime, if the juvenile is in the custody of the division of youth services. After such a pilot
program is established, the division of youth services may establish policies and procedures for
the victim -offender conferences using volunteers to facilitate the conferences. The volunteers
shall complete the division of youth services' volunteer and facility -specific training programs
and complete high -risk victim -offender training and victim -advocacy training. The division of
youth services shall not compensate or reimburse a volunteer or victim for any expenses. If a
pilot program is available, and subsequent to the victim's or the victim representative's request,
the division of youth services shall arrange a conference only after de termining that the
conference would be safe and only if the juvenile agrees to participate. The purposes of the
conference are to enable the victim to meet the juvenile, to obtain answers to questions only the
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juvenile can answer, to assist the victim in healing from the impact of the crime, and to promote
a sense of remorse and acceptance of responsibility by the juvenile that may contribute to the
juvenile's rehabilitation.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 682, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-311 as it existed prior to 2021.
19-2.5-1408.5. Body-worn cameras - pilot program - report.
(1) The division of youth services shall establish a pilot program in one detention facility and
one commitment facility requiring each division of youth services staff member who is
responsible for direct supervision of youth to wear a body -worn camera while in the facility
while interacting with youth. After the pilot program is established, the division of youth services
shall establish policies and procedures concerning body -worn cameras, which are subject to
review by the division of youth services' policy review committee. The policies and procedures
must address, at a minimum:
(a) When body-worn cameras must be activated;
(b) The retention of body-worn camera footage; and
(c) Access to body-worn camera footage, which must ensure appropriate protections of youth
privacy, including compliance with laws and regulations, and addresses access by the office of
the child protection ombudsman, youth, and youth's counsel who have alleged abuse.
(2) In January of 2028, the department of human services shall make a recommendation
regarding whether to continue and expand or eliminate the pilot program to the house of
representatives health and human services committee and the senate health and human services
committee, or their successor committees, as part of the "SMART Act" presentation required
pursuant to part 2 of article 7 of title 2.
Source: L. 2025: Entire section added, (HB 25-1146), ch. 358, p. 1935, § 5, effective July 1.
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19-2.5-1409. Juvenile intensive supervision program - creation - elements - role of
judicial department.
(1) The judicial department may establish and operate, either directly or by contracting with
one or more private organizations, a juvenile intensive supervision program, which may be
utilized by any judge in sentencing any juvenile who has been placed on probation and who
presents a high risk of future placement within juvenile correctional facilities according to
assessment criteria developed pursuant to this section.
(2) The juvenile intensive supervision program created pursuant to subsection (1) of this
section must include, but is not limited to, utilization of any or all of the following elements:
(a) Increased supervision of the juvenile by probation officers;
(b) Utilization of specific youth case management approaches;
(c) Community service work assignments;
(d) Restitution programs;
(e) Structured group training regarding problem solving, social skills, negotiation skills,
emotion management, creative thinking, value enhancement, and critical reasoning;
(f) Use of electronic or global position monitoring and substance abuse testing to monitor the
juvenile's compliance with the program and providing sanctions for failure to comply with the
program; and
(g) Individual and family treatment.
(3) The judicial department, with the assistance of a juvenile intensive supervision advisory
committee, shall develop assessment criteria for placement in the juvenile intensive supervision
program, including the results of a validated risk and needs assessment tool, and judicial
department guidelines for implementation of the program and measurement of the outcome of
the program. The advisory committee is appointed by the state court administrator and includes,
but is not limited to, representatives of the division of youth services in the department of human
services and the division of criminal justice of the department of public safety.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 682, § 2,
effective October 1.
Editor's note: This section is similar to former §§ 19-2-306 and 19-2-307 as they existed prior
to 2021.
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ANNOTATION
The enactment of the Juvenile Intensive
Supervision Program does not change
requirements of former § 19 -2-803 (2)(a)
(now § 19 -2-908 (1)(c)(I)(A)), as such
program applies to any juvenile who has
been placed on probation and who presents a
high risk of future placement within juvenile
correctional facilities. People in Interest of
M.M.O.P., 873 P.2d 24 (Colo. App. 1993)
(decided under former law).
19-2.5-1410. Community accountability program - legislative declaration - creation.
(1) It is the intent of the general assembly that the program established pursuant to this
section benefit the state by providing a structured program combining residential and community
reintegration components under which certain adjudicated juveniles are subject to an ordered
environment affirming the dignity of self and others; promoting the value of education, work,
and accountability; adhering to the principals of restorative justice; and developing useful skills
that can be applied when the juvenile is reintegrated into the community.
(2) (a) The division of youth services, pursuant to a contract with one or more private
entities, shall establish, maintain, and operate a community accountability program, referred to in
this section as the "program".
(b) The program must provide a sentencing option for adjudicated juveniles who are at least
fourteen years of age but younger than eighteen years of age. An adjudicated juvenile may be
sentenced to participate in the program only as a condition of probation. A sentence to the
program may be in addition to, but must not be in lieu of, a mandatory sentence required by
section 19 -2.5-1123. The juvenile court shall consider the program as a sentencing option for
higher risk juveniles who would have otherwise been sentenced to detention or out -of-home
placement or committed to the department of human services.
(c) A sentence imposed pursuant to this section is conditioned on the availability of space in
the program and the division of youth services' determination of whether the juvenile's
participation in the program is appropriate. A juvenile may be denied participation in the
program upon a determination by the division of youth services that a physical or mental health
condition, including severe substance abuse, will prevent the juvenile's full participation in the
program. Any juvenile denied participation in the program must be returned to the juvenile court
for resentencing.
(d) The judicial department shall provide information to the division of youth services
concerning the juvenile's sentencing, including but not limited to the juvenile's criminal history,
the presentence investigation report, the risk -need assessment, and demographics pertaining to
the juvenile.
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(e) The program must be established for up to eighty beds. Pursuant to the contract entered
into pursuant to subsection (2)(a) of this section, the division of youth services shall pay only for
the actual number of juveniles placed in the program.
(3) If feasible, the program may be established regionally, one in each of the division of
youth services' regions. The division of youth services, through a competitive bid process, shall
select one or more private entities to operate the program.
(4) (a) The program consists of two integrated components. Each selected entity shall
provide both components within the contracted region as follows:
(I) Component I. Component I consists of a sixty -day residential program, which may
contain, but need not be limited to, the following program elements:
(A) Assessment and treatment planning;
(B) Behaviorally based programming with appropriate sanctions and reinforcements;
(C) Life and cognitive skill development;
(D) Treatment interventions;
(E) Educational and vocational training;
(F) Competency development;
(G) Victim awareness and empathy;
(H) Gender-specific programming; and
(I) Restorative justice programming.
(II) Component II. The division of youth services shall administer component II, which
consists of a community reintegration phase. For each juvenile entering component II, the
division of youth services and the local probation department shall jointly establish a
reintegration plan. Component II may contain, but need not be limited to, the following program
elements:
(A) Multi-systemic therapy;
(B) Functional family therapy;
(C) Aggression replacement training;
(D) Life skills;
(E) Skills development;
(F) Behaviorally based programming with appropriate sanctions and reinforcements;
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(G) Education and vocational training;
(H) Work experience;
(I) Victim empathy;
(J) Victim-offender mediation;
(K) Gender-specific programming; and
(L) Restorative justice programming.
(b) The program may be housed in a privately owned and operated facility or in a state -
owned and privately operated facility. The state department of human services and any private
contractors in each region shall involve local governments in identifying locations for residential
facilities.
(c) The division of youth services shall include a community involvement component in the
development of reintegration plans, which may include the creation of community advisory
boards.
(5) If a juvenile in the first component of the program would substantially benefit, the
division of youth services shall notify the local department of probation who may petition the
court for an extension of up to fifteen days in addition to the initial sixty -day period for the first
component of the program. The period of time a juvenile spends in the second component of the
program must not exceed one hundred twenty days. The entire period of a juvenile's participation
in the program must not exceed the length of the juvenile's probation sentence. Whenever a
juvenile fails to progress through or complete the first or second component of the program, the
juvenile is subject to section 19-2.5-1108 (8) for violating a condition of probation.
(6) The division of youth services and the judicial department shall jointly establish
guidelines for the program and for each of the components described in subsection (4) of this
section. The division of youth services shall make available necessary support services for the
juvenile and the juvenile's family under both components of the program.
(7) The division of youth services shall conduct an ongoing evaluation of the program. On or
before January 15 each year, the division of youth services shall submit a report of the evaluation
results to the general assembly. Notwithstanding section 24 -1-136 (11)(a)(I), the reporting
requirements in this subsection (7) continue indefinitely. The division of youth services may
contract for the services and labor necessary to perform the ongoing evaluation.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 683, § 2,
effective October 1.
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Editor's note: This section is similar to former § 19-2-309.5 as it existed prior to 2021.
19-2.5-1411. Parental responsibility training programs - criteria.
(1) The state department of human services, after consultation with the state department of
public safety and the judicial department, shall establish standards and guidelines for parental
responsibility training programs for the parent, guardian, or legal custodian of a juvenile or
juvenile delinquent. The standards and guidelines must include, but are not limited to, instruction
in the following:
(a) Physical, mental, social, and emotional child growth and development;
(b) Skill development for parents in providing for the juvenile's learning and development,
including teaching the juvenile responsibility for the juvenile's actions;
(c) Prevention of substance abuse;
(d) Family structure, function, and management; and
(e) The physical, mental, emotional, social, economic, and psychological aspects of
interpersonal and family relationships.
(2) The state department of human services is authorized and directed to establish such
standards and guidelines within the available resources of the state government and each of the
state departments described in subsection (1) of this section.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 686, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-304 as it existed prior to 2021.
19-2.5-1412. Youth corrections monetary incentives award program - designated
monetary custodian.
(1) The division of youth services in the department of human services is authorized to
establish, at its discretion, a youth corrections monetary incentives award program, referred to in
this section as the "program". The purpose of the program is to provide monetary awards and
incentives for academic, social, and psychological achievement to juveniles who were formerly
committed to the division of youth services who are on parole, in community corrections, or now
off of parole.
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(2) If the division of youth services establishes a program, it shall devise, in collaboration
with the nonprofit organization designated pursuant to subsection (3) of this section, appropriate
participation criteria, application procedures, any necessary organizational structure, and criteria
for awarding individual scholarships. Criteria may, but are not required to, include that the
juvenile:
(a) Maintains the highest grades possible each academic term;
(b) Makes consistent progress in the juvenile's therapy or other assigned program, if
applicable, during each academic term, as determined by the team of professionals who worked
with the juvenile while committed to the division of youth services; and
(c) Uses the money earned only for expenses approved as necessary and valid by the division
of youth services and the nonprofit organization designated pursuant to subsection (3) of this
section.
(3) If the division of youth services establishes a program, it shall, in conjunction with the
director of the legislative council, use a request for proposal process to contract with and
designate a nonprofit organization, referred to in this section as the "designated nonprofit", to
serve as the custodian of money donated to the program through the designated nonprofit. The
designated nonprofit shall work with the division of youth services for the purpose of designing
the program criteria, accepting funds for program scholarships, and providing a distribution
mechanism for such scholarships.
(4) (a) The designated nonprofit and the division of youth services are authorized to solicit,
accept, and expend monetary and in -kind gifts, grants, and donations on behalf of the program
and for payment of scholarships to juveniles in the program. Any money donated or awarded to
the designated nonprofit for the benefit of the program is not subject to appropriation by the
general assembly. The designated nonprofit is not the custodian of any money appropriated by
the state, which must be annually appropriated by the general assembly to the division of youth
services in the department of human services. Any money obtained by the division of youth
services or the designated nonprofit that is unexpended and unencumbered at such time the
program is dissolved must be distributed according to appropriate federal and state laws
governing nonprofit organizations.
(b) If a different nonprofit or private organization is subsequently designated as the custodian
of donated money in accordance with this subsection (4), the former designated nonprofit shall
promptly transfer to the newly designated nonprofit or private organization any money that is
unexpended and unencumbered at the time of the change in designation.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 686, § 2,
effective October 1.
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Editor's note: This section is similar to former § 19-2-312 as it existed prior to 2021.
PART 15
FACILITIES
SUBPART A
IN GENERAL
19-2.5-1501. Division of youth services - created - interagency agreements - duties of
administrators of facilities in connection with voter registration and casting of ballots -
reports - definitions.
(1) (a) There is created within the department of human services the division of youth
services, referred to within this section as the "division", the head of which is the director of the
division. The executive director of the department of human services shall appoint the director of
the division pursuant to section 13 of article XII of the state constitution and the laws and rules
governing the state personnel system. The director is a type 2 entity, as defined in section 24 -1-
105, who exercises the director's powers and performs the director's duties and functions within
the office of the executive director of the department of human services in accordance with this
article 2.5.
(b) The purposes of the division are to:
(I) Increase public safety by providing rehabilitative treatment to help youth in the division's
care make lasting behavioral changes to prepare themselves for successful transition back to the
community;
(II) Promote the physical safety of youth and staff within the division;
(III) Promote a seamless continuum of care from the time of detention or commitment to
discharge, in which youths' needs are met in a safe, structured environment with well -trained,
caring staff who help youth identify and address their issues, be accountable, and accept
responsibility for their actions;
(IV) Enable youth to develop healthy, supportive relationships with peers, adults, family, and
members of their neighborhoods and communities;
(V) Provide youth with the tools necessary to become law -abiding, contributing members of
the community upon their release; and
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(VI) Ensure that the state department of human services upholds the rights established
pursuant to sections 19 -2.5-1502.5 and 19-2.5-1511 for youth detained or committed to the care
and physical custody of a facility operated by the state department of human services.
(2) The division may enter into agreements with the judicial department to combine
provision of juvenile parole and probation services. Juvenile probation and parole supervision
programs implemented pursuant to such agreements may not include provisions for supervision
of juveniles sentenced to the department of corrections.
(3) (a) This subsection (3) applies to any individual committed to a juvenile facility and in
the custody of the division who is eighteen years of age or older on the date of the next election.
(b) The administrator of a facility in which an individual described in subsection (3)(a) of
this section is committed shall facilitate the voting rights of the individual. In connection with
such requirements, the administrator shall provide the individual with information regarding
voting rights and how to register to vote and cast a mail ballot, provide the individual with voter
information materials upon the individual's request, and ensure that any mail ballot cast by the
individual is timely delivered to the designated election official. Notwithstanding any other
provision of law, to satisfy the requirements of this subsection (3)(b), the administrator is exempt
from any restriction under law on the number of mail ballots an eligible elector may deliver in
person to the designated election official.
(c) The administrator and the secretary of state shall post the type or kind of verification
satisfying the requirements of section 1 -1-104 (19.5)(d) in a prominent place on the public
websites maintained by the department of human services and the secretary, respectively. The
secretary shall provide notice to the county clerk and recorders as well as other designated
election officials throughout the state that such verification constitutes an acceptable form of
identification pursuant to section 1 -1-104 (19.5) permitting the individuals possessing such
identification to register to vote and cast a ballot.
(d) The administrator shall forward applications made pursuant to this subsection (3) on a
weekly basis, or on a daily basis during the last week allowed for registration prior to any
election, to the county clerk and recorder of the county in which the facility is located, and, if the
applicant resides in a different county from the facility, the application must then be forwarded to
the county clerk and recorder of the county in which the applicant resides.
(e) For purposes of this subsection (3), "administrator" and "voter information materials"
have the same meaning as set forth in section 1-2-210.5 (5).
(4) On or before July 1, 2018, and on or before each July 1 thereafter, the department of
human services shall collect recidivism data and calculate the recidivism rates and the
educational outcomes for juveniles committed to the custody of the department of human
services. Notwithstanding section 24 -1-136 (11)(a)(I), the department of human services shall
report the recidivism data, recidivism rates, and educational outcomes to the general assembly
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annually. The report must denote the demographic characteristics of the population considered in
the report. In reporting on recidivism rates, the report must denote the types of criminal offenses
committed, delineating between felonies and misdemeanors.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 687, § 2,
effective October 1. L. 2022: (1)(a) amended, (SB 22 -162), ch. 469, p. 3375, § 65, effective
August 10. L. 2024: (4) amended, (SB 24 -030), ch. 13, p. 33, § 2, effective March 6; (1)(b)(IV)
and (1)(b)(V) amended and (1)(b)(VI) added, (HB 24 -1170), ch. 386, p. 2632, § 2, effective
August 7.
Editor's note: This section is similar to former § 19-2-203 as it existed prior to 2021.
Cross references: (1) For the short title (the "Debbie Haskins 'Administrative Organization
Act of 1968' Modernization Act") in SB 22 -162, see section 1 of chapter 469, Session Laws of
Colorado 2022.
(2) For the legislative declaration in HB 24 -1170, see section 1 of chapter 386, Session Laws
of Colorado 2024.
19-2.5-1502. Human services facilities - authority.
(1) The department of human services shall establish and operate facilities necessary for the
care, education, training, treatment, and rehabilitation of juveniles legally committed to its
custody pursuant to section 19 -2.5-1127 or 19 -2.5-1103. As necessary and when money is
available for such purposes, the facilities may include but are not limited to:
(a) Group care facilities and homes, including halfway houses, nonresidential transition
programs, day reporting and day treatment centers, and staff secure facilities;
(b) Training schools;
(c) Conservation camps;
(d) Diagnostic and evaluation centers and receiving centers; and
(e) Any programs necessary to implement the purposes of this section for juveniles in
community placement.
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(2) The department of human services shall cooperate with other governmental units and
agencies, including appropriate local units of government, state departments and institutions, and
agencies of the federal government in order to facilitate youth training and rehabilitation.
(3) Once a juvenile is committed to the department of human services, the juvenile shall
remain in a facility directly operated by the department of human services or in a secure facility
contracted for by the department of human services until the juvenile's commitment expires as
provided by law, parole status is granted pursuant to part 12 of this article 2.5, or a community
placement is approved by order of the juvenile court and by a juvenile community review board,
if one exists in the county of proposed placement.
(4) The department of human services shall contract with the department of corrections to
house in an appropriate facility operated by the department of human services and, as
appropriate, to provide services to any juvenile under the age of fourteen years who is sentenced
as an adult to the department of corrections. On reaching fourteen years of age, any juvenile
sentenced to the department of corrections shall be transferred to an appropriate facility operated
by the department of corrections for the completion of the juvenile's sentence.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 689, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-403 as it existed prior to 2021.
19-2.5-1502.5. Bill of rights for youth in a juvenile facility.
(1) To realize a vision of greater youth success and safer Colorado communities, the state's
policy is that a youth detained or committed to the care and physical custody of a facility, as
described in section 19-2.5-1502 (1), has the right to:
(a) Be treated with dignity;
(b) Be free to practice the youth's religious faith, provided that the practices or activities do
not pose a threat to the safety, order, or security of the juvenile facility;
(c) Be free from discrimination on the basis of race, color, religion, sex, pregnancy,
disability, age, marital status, ethnicity, national origin, gender orientation, or sexual identity;
(d) Receive reasonable accommodations related to a disability;
(e) V ote if the youth has the legal right to do so; and
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(f) Be free from corporal punishment; harassment; mental or physical abuse; intimidation;
property damage; humiliation; or interference with the normal bodily functions of eating,
sleeping, or using the bathroom.
(2) In addition to the other rights granted pursuant to this section, a youth detained or
committed to the care and physical custody of a juvenile facility operated by the department of
human services has the right to:
(a) Have reasonable access to media and information about the world outside the facility,
both locally and nationally;
(b) Review the youth's own record, as allowed by law;
(c) Have reasonable access to phone calls to approved friends, family, and other supports;
(d) Exercise physically on a daily basis, in accordance with the youth's preferences, if
reasonable and practicable;
(e) Be informed of facility rules within twenty -four hours after the youth's placement in the
facility and have the same rules available on the division of youth services' website, at the
juvenile facility, and upon request to the youth's parent or legal guardian;
(f) Be free from mandatory unpaid work outside of basic youth responsibilities such as daily
clean-up and maintenance of living areas; and
(g) Live in a trauma-responsive environment informed by trauma-informed practices.
(3) In addition to the other rights granted pursuant to this section, a youth detained or
committed to the care and physical custody of a juvenile facility operated by the department of
human services has the following rights related to medical care:
(a) Access to a health -care provider within seventy -two hours after a request for care, or
sooner if the circumstances warrant, to assess the need for medically necessary care;
(b) Access to behavioral health services within seventy -two hours after a request for care, or
sooner if the circumstances warrant, to assess the need for medically necessary care;
(c) Under the direction of a division of youth services qualified health -care provider, access
to necessary and appropriate medications, including medications for substance withdrawal and
medication-assisted treatment;
(d) The right to refuse the administration of any pharmaceutical product;
(e) Access to health care related to pregnancy and reproductive health, including prenatal,
perinatal, and postnatal care;
(f) The rights provided to a pregnant or postpartum juvenile pursuant to section 19 -2.5-
1118.5, including, but not limited to, the right to access a pregnancy test and keep the results
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confidential; the right to have the pregnancy and postpartum periods considered in seeking a stay
of execution of sentence; and a consideration of sentence reduction;
(g) Freedom from leg and waist restraints while pregnant and immediately after delivery; and
(h) Access to gender-affirming care.
(4) In addition to the other rights granted pursuant to this section, a youth detained or
committed to the care and physical custody of a juvenile facility operated by the department of
human services has the following rights related to legal issues:
(a) Access to the youth's legal representative, unencumbered access to courts, confidential
phone calls and visits with the youth's legal counsel, and the timely delivery of letters to the
youth's legal counsel;
(b) Unimpeded phone access to the office of the child protection ombudsman hotline and the
agency designated pursuant to the federal "Protection and Advocacy for Individuals with Mental
Illness Act", 42 U.S.C. sec. 10801 et seq., as amended, as the state's protection and advocacy
system;
(c) The right to file a grievance with staff or a complaint with the office of the child
protection ombudsman or the agency designated pursuant to the federal "Protection and
Advocacy for Individuals with Mental Illness Act", 42 U.S.C. sec. 10801 et seq., as amended, as
the state's protection and advocacy system and not to be subject to punishment or retaliation as a
result;
(d) The right to file a grievance in accordance with the division of youth services' policies if
the youth feels any of the rights accorded to the youth pursuant to this section have been violated
and not to be subject to punishment or retaliation as a result; and
(e) The right to due process in a disciplinary proceeding.
(5) In addition to the other rights granted pursuant to this section, a youth detained or
committed to the care and physical custody of a juvenile facility operated by the department of
human services has the following rights:
(a) To not be placed in housing units solely allocated to groups of youth based on the youth's
sexual orientation or status as a transgender, non-binary, or intersex youth;
(b) Freedom from searches that are intended solely to determine the youth's physical
anatomy;
(c) After review and approval, use of the youth's preferred name and gender, even if not
legally updated;
(d) The provision of clothing that fits appropriately; is in accordance with the youth's gender
identity; and ensures the youth's safety, dignity, and comfort;
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(e) Freedom of expression, provided the expression does not interfere with the rights or
safety of others or the safety of the facility;
(f) Personal appearance of the youth's choosing, including facial and head hair, regardless of
the youth's gender or gender identity, if it does not interfere with safety and allows for reasonable
identification by staff;
(g) Participation in all activities, regardless of the youth's gender identity, unless the activity
is a gender-responsive program and the facility director determines that participants of differing
genders would be disruptive to the group;
(h) Searches that take into account the youth's privacy and dignity and access to written
policies concerning who may perform searches at any time, including policies on cross -gender
searches of transgender youth;
(i) After review and approval, an intake and search with an employee matching the youth's
gender identity;
(j) Completion of a form with the youth upon intake that details the youth's gender identity;
(k) Confidentiality concerning the youth's gender identity and medical and mental health
history, in accordance with existing law; and
(l) Access to separate showers and bathrooms consistent with the youth's gender identity.
(6) In addition to the other rights granted pursuant to this section, a youth detained or
committed to the care and physical custody of a juvenile facility operated by the department of
human services has the following rights related to education:
(a) Access to grade-level work and transferable credit for educational courses that will count
toward a diploma, whether the youth is from a facility operated by the department of human
services or a public school;
(b) The opportunity to take classes, to the extent feasible, that prepare the youth for the
youth's desired future, including courses required for college admission, if that is the youth's
goal;
(c) If the youth is committed to the care and physical custody of the department of human
services and has obtained a GED or a high school diploma, access to post-secondary education;
(d) The full, fair, and equal opportunity to participate, to the extent feasible, in educational
and vocational programs, including a school -to-work alliance program, if eligible. Before the
department of human services may deny a youth the right to educational or vocational services,
the department of human services shall present substantial evidence to justify the denial of this
right.
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(e) For a youth with a disability recognized by section 504 of the federal "Rehabilitation Act
of 1973", 29 U.S.C. sec. 794, as amended; the federal "Individuals with Disabilities Education
Act", 20 U.S.C. sec. 1400 et seq., as amended; or Colorado's "Exceptional Children's
Educational Act", article 20 of title 22, access to a free and appropriate public education.
(7) The department of human services shall update the handbook used by the division of
youth services to include the bill of rights set forth in subsections (1) to (6) of this section. The
division of youth services shall ensure that every youth who is committed to the care and
physical custody of the department of human services receives a copy of the handbook, including
the bill of rights.
Source: L. 2024: Entire section added, (HB 24 -1170), ch. 386, p. 2632, § 3, effective August
7.
Cross references: For the legislative declaration in HB 24 -1170, see section 1 of chapter 386,
Session Laws of Colorado 2024.
19-2.5-1503. Eminent domain - detention facility site.
(1) (a) Subject to the provisions of subsection (2) of this section, the department of human
services has the right to acquire by eminent domain any real property that is located within the
Denver metropolitan area that is necessary for the establishment of one or more juvenile
detention facilities. Such real property must be acquired in accordance with articles 1 to 7 of title
38.
(b) Any real property specified in subsection (1)(a) of this section that is already devoted to a
public use may be acquired by the department of human services pursuant to this section; except
that property owned by the federal government may not be acquired without the consent of the
federal government.
(2) Prior to the acquisition of any real property pursuant to subsection (1) of this section, the
joint budget committee, established pursuant to section 2 -3-201, must review and approve the
proposed acquisition.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 690, § 2,
effective October 1.
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Editor's note: This section is similar to former § 19-2-403.5 as it existed prior to 2021.
19-2.5-1504. Facility directors - duties.
(1) The director of the division of youth services shall appoint a director of each state -
operated facility established by section 19 -2.5-1502 and sections 19 -2.5-1527 to 19 -2.5-1529
pursuant to section 13 of article XII of the state constitution.
(2) It is the duty of the director of each facility established by section 19 -2.5-1502 and
sections 19-2.5-1527 to 19-2.5-1529 to:
(a) Report to the executive director of the department of human services at such times and on
such matters as the director may require;
(b) Receive juveniles committed to the custody of the department of human services and
placed in the director's care pursuant to this article 2.5 and to keep them for rehabilitation,
education, and training until discharged by law or pursuant to the rules of the department of
human services or released on parole;
(c) Make a careful and thorough evaluation, at intervals no greater than six months, of every
juvenile placed under the director's care. The purpose of each evaluation is to ascertain whether:
(I) The juvenile's program should be modified;
(II) The juvenile's transfer to another facility should be recommended to the director; or
(III) The juvenile's release should be recommended to the juvenile parole board;
(d) Take such measures as are necessary to prevent recruitment of new gang members from
among the juveniles committed to the custody of the department of human services.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 691, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-205 as it existed prior to 2021.
19-2.5-1505. Juvenile facility employees - rules.
(1) On and after April 1, 2004, the department of human services shall not hire a person who
is required to register as a sex offender pursuant to the "Colorado Sex Offender Registration
Act", article 22 of title 16, to work at a juvenile facility.
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(2) The department of human services shall ensure that any person who is employed to work
at a juvenile facility as of April 1, 2004, and who is required to register as a sex offender
pursuant to the "Colorado Sex Offender Registration Act", article 22 of title 16, does not have
unsupervised contact with a juvenile in the facility on and after April 1, 2004.
(3) If a person, while employed by the department of human services, is convicted of an
offense that requires the employee to register as a sex offender pursuant to the "Colorado Sex
Offender Registration Act", article 22 of title 16, the employee shall immediately notify the
department of human services of the conviction and the registration requirement. The department
of human services shall ensure that the employee does not have unsupervised contact with a
juvenile in the facility on and after the date it receives notice pursuant to this subsection (3).
(4) The executive director of the department of human services shall adopt such rules as may
be necessary to ensure compliance with the requirements of this section.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 692, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-403.3 as it existed prior to 2021.
19-2.5-1506. Detention center sexual assault prevention program - reports.
(1) The division of youth services created in section 19 -2.5-1501 shall develop, with respect
to sexual assaults that occur in juvenile facilities, policies and procedures to:
(a) Require disciplinary action for employees who fail to report incidences of sexual assault
to the inspector general;
(b) Require the inspector general, after completing an investigation for sexual assault, to
submit the findings to the district attorney with jurisdiction over the facility in which the alleged
sexual assault occurred;
(c) Prohibit retaliation and disincentives for reporting sexual assaults;
(d) Provide, in situations in which there is reason to believe that a sexual assault has
occurred, reasonable and appropriate measures to ensure victim safety by separating the victim
from the assailant, if known;
(e) Ensure the confidentiality of prison rape complaints and protection of juveniles who
make complaints of prison rape;
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(f) Provide acute trauma care for sexual assault victims, including treatment of injuries, HIV
prophylaxis measures, and testing for sexually transmitted infections;
(g) Provide, at intake and periodically thereafter, division -of-youth-services-approved, easy-
to-understand information developed by the division of youth services on sexual assault
prevention, treatment, reporting, and counseling in consultation with community groups with
expertise in sexual assault prevention, treatment, reporting, and counseling;
(h) Provide sexual -assault-specific training to division of youth services mental health
professionals and all employees who have direct contact with juveniles regarding treatment and
methods of prevention and investigation;
(i) Provide confidential mental health counseling to victims of sexual assault;
(j) Monitor victims of sexual assault for suicidal impulses, post -traumatic stress disorder,
depression, and other mental health consequences resulting from the sexual assault; and
(k) Require termination of an employee who engages in a sexual assault on or sexual conduct
with a juvenile consistent with constitutional due process protections and state personnel system
laws and rules.
(2) Investigators trained in the investigation of sex crimes shall investigate allegations of
sexual assault. The investigation must include, but need not be limited to, use of forensic rape
kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence.
(3) The division of youth services shall annually report the data that it is required to compile
and report to the federal bureau of justice statistics as required by the federal "Prison Rape
Elimination Act of 2003", Pub.L. 108 -79, as amended, to the judiciary committees of the house
of representatives and the senate, or any successor committees. Notwithstanding section 24 -1-
136 (11)(a)(I) to the contrary, the reporting requirements in this subsection (3) continue
indefinitely.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 692, § 2,
effective October 1. L. 2022: IP(1) amended, (SB 22 -212), ch. 421, p. 2972, § 39, effective
August 10.
Editor's note: This section is similar to former § 19-2-214 as it existed prior to 2021.
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19-2.5-1507. Facilities - control and restraint - liability - duty to pursue runaways.
(1) Any facility that houses or provides nonresidential services to adjudicated juveniles
pursuant to this article 2.5, whether publicly or privately operated, for short -term or long -term
commitment or detention is authorized to respond in a reasonable manner to issues of control and
restraint of adjudicated juveniles when necessary. Each facility or program shall establish clearly
defined policies and procedures for the short -term restraint and control of adjudicated juveniles
housed within the facility or receiving services in the nonresidential program.
(2) Any facility that houses or provides nonresidential services to adjudicated juveniles
pursuant to this article 2.5 and any person employed by the facility or program is not liable for
damages arising from acts committed in the good -faith implementation of this section; except
that the facility or program and any person employed by the facility or program may be liable for
acts that are committed in a willful and wanton manner.
(3) Any facility that houses adjudicated juveniles pursuant to this article 2.5 has a duty to
notify the court and the local law enforcement agency as soon as possible after discovering that
an adjudicated juvenile housed at the facility has run away.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 694, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-404 as it existed prior to 2021.
ANNOTATION
Annotator's note. Since § 19-2.5-1507 is
similar to § 19 -2-404 as it existed prior to
the 2021 amendments relocating repealed
article 2 of title 19 to this article 2.5, a
relevant case decided under that provision
has been included in the annotations to this
section.
The immunity provided in subsection
(2) applies only to actions committed in the
good faith implementation of this section.
Gilmore v. Concerned Parents of Pueblo, 28
P.3d 963 (Colo. App. 2000), aff'd on other
grounds, 47 P.3d 311 (Colo. 2002).
Where the defendant neither alleged
nor presented any evidence indicating
that the juvenile had been "adjudicated",
the immunity provided in subsection (2)
does not apply. Gilmore v. Concerned
Parents of Pueblo, 28 P.3d 963 (Colo. App.
2000), aff'd on other grounds, 47 P.3d 311
(Colo. 2002).
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19-2.5-1508. Out-of-home placement - runaways - duty to notify.
When a juvenile who is sentenced to detention, committed to the department of human
services, or otherwise sentenced or placed in out -of-home placement pursuant to section 19 -2.5-
1103 runs away from the facility or home in which the juvenile is placed, the person in charge of
the facility or the foster parent shall notify the court and the local law enforcement agency as
soon as possible after discovering that the juvenile has run away from the facility or home.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 694, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-920 as it existed prior to 2021.
19-2.5-1509. Administration or monitoring of medications to persons in juvenile
institutional facilities.
The executive director of the department of human services has the power to direct the
administration or monitoring of medications to persons in juvenile institutional facilities, as
defined in section 25-1.5-301 (2)(b), in a manner consistent with part 3 of article 1.5 of title 25.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 694, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-416 as it existed prior to 2021.
19-2.5-1510. Facility publications.
Publications of any of the facilities established pursuant to section 19 -2.5-1502 and sections
19-2.5-1527 to 19-2.5-1529 intended for circulation in quantity outside such facility is subject to
the "Information Coordination Act", section 24-1-136.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 694, § 2,
effective October 1.
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Editor's note: This section is similar to former § 19-2-413 as it existed prior to 2021.
SUBPART B
BEDS AND FACILITIES
19-2.5-1511. Juvenile detention services and facilities to be provided by department of
human services - education - expenses - definition.
(1) (a) Except as set forth in subsection (1)(c) of this section, the department of human
services shall provide detention services for temporary care of a juvenile, pursuant to this article
2.5. The department of human services shall consult on a regular basis with the court in any
district where a detention facility is located concerning the detention program at that facility. The
department of human services may use staff secure facilities to provide preadjudication and
postadjudication detention services.
(b) Detention facilities operated by or under contract with the department of human services,
subject to limitations on physical capacity and programs, shall receive and provide care for any
juvenile arrested for or convicted of a violation of any provision of articles 1 to 15 of title 33, or
any rule promulgated thereunder, or any article of title 42, or any municipal or county ordinance
and for any juvenile found in contempt of court in connection with a violation or an alleged
violation of any of those articles or any municipal or county ordinance.
(c) The department of human services is not required to receive and provide care for any
juvenile who is ten years of age and older but less than thirteen years of age, unless such juvenile
has been arrested or adjudicated for a felony or weapons charge pursuant to section 18 -12-102,
18-12-105, 18-12-106, or 18-12-108.5.
(2) Detention facilities operated in part by a state court, pursuant to section 13 -3-108, must
be operated in the same manner by the department of human services, within the limits of
available funds appropriated for such purpose.
(3) (a) (I) Juveniles in a juvenile detention facility are exempt from compulsory school
attendance requirements pursuant to section 22 -33-104 (2)(f). However, it is the intent of the
general assembly that the juvenile detention facility and school district in which the facility is
located cooperate to ensure that each juvenile who is in detention is offered educational services
at the grade level identified for the juvenile in a time frame that aligns with the hourly
requirements for attendance specified in section 22-33-104 (1).
(II) The school boards of the school districts that a juvenile detention facility serves or in
which the juvenile detention facility is located, when requested by the judge of the juvenile
court, shall furnish teachers and any books or equipment needed to provide educational services
that align with, and are designed to assist each juvenile in achieving, the statewide model content
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standards adopted pursuant to section 22 -7-1005 for each juvenile's identified grade level. The
school districts and the personnel at the detention facility shall cooperate to ensure that the
educational services are available to the juveniles in the facility in a time frame that aligns with
the hourly requirements for attendance specified in section 22-33-104 (1).
(b) The expenses incurred by a school district pursuant to subsection (3)(a) of this section,
minus the total amount of per -pupil revenues that the school district receives pursuant to article
54 of title 22 for the juveniles in the juvenile detention facility, shall be shared and paid by each
school district served in the proportion that the enrollment of each school district bears to the
total enrollment of all the districts served.
(c) (I) For the 2006-07 budget year and each budget year thereafter, the expenses incurred by
a school district pursuant to subsection (3)(b) of this section shall be shared and paid by the
school district, each charter school of the district, and each institute charter school located in the
school district. Each charter school of the district and institute charter school shall pay in the
proportion that the charter school of the district's or institute charter school's enrollment bears to
the total district enrollment.
(II) As used in this subsection (3)(c), "total district enrollment" means:
(A) For the 2022 -23 budget year, the total of the pupil enrollment in the school district, plus
the district online enrollment, the district preschool program enrollment, and the pupil enrollment
in each institute charter school that is located within the school district, as determined in
accordance with article 54 of title 22;
(B) For the 2023-24 budget year and budget years thereafter, the total of the pupil enrollment
in the school district, plus the district online enrollment and the pupil enrollment in each institute
charter school that is located within the school district, as determined in accordance with article
54 of title 22.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 694, § 2,
effective October 1. L. 2022: (3)(c)(II) amended, (HB 22 -1295), ch. 123, p. 834, § 36, effective
July 1.
Editor's note: This section is similar to former § 19-2-402 as it existed prior to 2021.
ANNOTATION
Law reviews. For article, "The Evolution
of Colorado's School Attendance Laws:
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Title 19 - Children's Code
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Moving Toward Prevention and
Restoration", see 43 Colo. Law. 63 (July
2014).
Duty of department of institutions to
provide detention services is mandatory
under subsection (1)(a). People in Interest
of S.C., 802 P.2d 1101 (Colo. App. 1989)
(decided under former law).
19-2.5-1511.5. Policies concerning use of telephones and other communications services
by juvenile detention facilities.
(1) The department of human services shall provide voice communications services to
juveniles in the department's custody and who are confined in a juvenile detention facility. The
department of human services may supplement voice communications services with other
communications services, including, but not limited to, video communication and electronic mail
or messaging services. In administering the use of communications services, the department of
human services shall not receive any revenue, including commissions or fees.
(2) In administering the use of communications services pursuant to subsection (1) of this
section, access to communications services must not be limited beyond what is necessary for
routine facility operations. Any communications service provided must be free of charge to the
person initiating and the person receiving the communications service.
Source: L. 2023: Entire section added, (HB 23 -1133), ch. 421, p. 2477, § 2, effective August
7.
19-2.5-1512. Use of juvenile detention beds.
A juvenile committed to the department of human services pursuant to article 3 of this title 19
must not be placed in a juvenile detention bed unless the juvenile is subject to an action
proceeding pursuant to this article 2.5.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 696, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-1204 as it existed prior to 2021.
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19-2.5-1513. Juvenile detention facilities - catchment areas.
(1) (a) The executive director of the department of human services and the state court
administrator in the judicial department shall together establish geographical catchment areas for
the juvenile detention facilities operated by or under contract with the department of human
services. To the extent practicable, the detention catchment areas must be established to ensure
that the juvenile is held in a juvenile detention facility located within the judicial district in which
the juvenile's offense is committed. For judicial districts in which a juvenile detention facility is
not located, the department of human services shall establish the catchment areas based on
considerations of proximity, bed availability, workload, and cost efficiency.
(b) On or before October 1, 1998, and each October 1 thereafter, the working group
established in section 19-2.5-1404 shall submit recommendations to the executive director of the
department of human services and the state court administrator concerning configuration of the
detention catchment areas and the placement of detained juveniles.
(2) On or before December 1, 1998, the executive director of the department of human
services and the state court administrator shall submit a description of the detention catchment
areas to the joint budget committee and to the judiciary committees of the senate and house of
representatives. The executive director and the state court administrator shall annually reexamine
the detention catchment areas and submit a description of any changes in the detention catchment
area boundaries to the joint budget committee and to the judiciary committees of the senate and
house of representatives, or any successor committees, by December 1.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 696, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-402.5 as it existed prior to 2021.
19-2.5-1514. Juvenile detention bed cap.
For the fiscal year 2021 -22 and each fiscal year thereafter, the number of available juvenile
detention beds statewide is limited to two hundred fifteen.
Source: L. 2021: (4) amended and (5) added, (SB 21-071), ch. 463, p. 3335, § 4, effective July
6; entire article added with relocations, (SB 21 -059), ch. 136, p. 696, § 2, effective October 1. L.
2022: Entire section amended, (SB 22-212), ch. 421, p. 2972, § 40, effective August 10.
Colorado Revised Statutes 2026
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Editor's note: (1) This section is similar to former § 19-2-1201 as it existed prior to 2021.
(2) Subsections (4) and (5) were numbered as § 19 -2-1201 (4) and (5) in SB 21 -071 (see L.
2021, p. 3335). Those provisions were harmonized with this section as it appears in SB 21-059.
19-2.5-1515. Judicial districts - plans for the cap.
Each judicial district shall annually develop a plan to manage the number of juvenile detention
beds allocated or reallocated to the judicial district by the working group pursuant to section 19 -
2.5-1405 (1)(a). The judicial district shall consider the emergency release guidelines and
placement guidelines developed pursuant to section 19-2.5-1405 in its annual plan to manage the
beds.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 697, § 2,
effective October 1. L. 2025: Entire section amended, (HB 25 -1146), ch. 358, p. 1932, § 2,
effective July 1.
Editor's note: This section is similar to former § 19-2-1203 as it existed prior to 2021.
19-2.5-1516. Juvenile detention facilities - behavioral or mental health disorder
screening.
(1) The executive director of the department of human services may implement a behavioral
or mental health disorder screening program to screen juveniles held in juvenile detention
facilities following adjudication. If the executive director chooses to implement a behavioral or
mental health disorder screening program, the executive director shall use the standardized
behavioral or mental health disorder screening developed pursuant to section 16 -11.9-102 and
conduct the screening in accordance with procedures established pursuant to said section.
(2) Prior to implementation of a behavioral or mental health disorder screening program
pursuant to this section, if implementation of the program would require an increase in
appropriations, the executive director shall submit to the joint budget committee a request for
funding in the amount necessary to implement the behavioral or mental health disorder screening
program. If implementation of the behavioral or mental health disorder screening program would
require an increase in appropriations, implementation of the program is conditional upon
approval of the funding request.
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Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 697, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-417 as it existed prior to 2021.
19-2.5-1517. Transfer of detention facilities and equipment.
Whenever the department of human services determines that any property, facilities, and
equipment are no longer needed for juvenile detention facilities, the department shall transfer
said property, facilities, and equipment back to the county without any cost to the county.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 697, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-412 as it existed prior to 2021.
SUBPART C
FACILITIES - COMMITMENT
19-2.5-1518. Commitment to department of human services.
(1) (a) When a juvenile is placed in a community placement by the department of human
services following commitment pursuant to section 19 -2.5-1127 or 19 -2.5-1103, an
administrative review must be conducted every six months after the placement for as long as the
juvenile remains in a community placement under the department of human services.
(b) When a juvenile is placed in a community placement for a period of twelve months or
longer, a court of competent jurisdiction or an administrative body appointed or approved by the
court that is not under the supervision of the department of human services shall conduct a
permanency hearing pursuant to the federal "Social Security Act", 42 U.S.C. sec. 675 (5)(C) no
later than the twelfth month of the community placement and at least every twelve months
thereafter while the juvenile remains in a community placement. At the permanency hearing, the
entity conducting the hearing shall determine whether:
(I) Continued community placement is in the best interests of the juvenile and the
community;
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(II) The juvenile's safety is protected in the community placement;
(III) Reasonable efforts have been made to finalize the juvenile's permanency plan that is in
effect at that time;
(IV) Continued community placement is necessary and appropriate;
(V) There has been compliance with the juvenile's case plan;
(VI) Progress has been made toward alleviating or mitigating the causes that necessitated the
community placement;
(VII) There is a date projected by which the juvenile will be returned and safely maintained
in the home, placed for legal guardianship, or placed in a planned and permanent living
arrangement; and
(VIII) Procedural safeguards to preserve parental rights have been applied in connection with
the removal of the juvenile from the home, any change in the juvenile's community placement, or
any determination affecting family time.
(c) The entity conducting the permanency hearing shall consult with the juvenile, in an age -
appropriate manner, concerning the juvenile's permanency plan.
(2) Parole supervision of juveniles committed to the department of human services pursuant
to section 19 -2.5-1127 or 19 -2.5-1103, as determined by the juvenile parole board, must not
exceed six months, except as otherwise provided by statute.
(3) When a juvenile is released or released to parole supervision by the department of human
services or escapes from the department, the department shall notify the committing court, the
district attorney, the Colorado bureau of investigation, and the initiating law enforcement agency.
If the juvenile is on parole status, the division of youth services shall notify the juvenile parole
board, pursuant to section 19 -2.5-1203 (7)(b)(II), of any discharge as a matter of law, any
placement change that may impact public safety or victim safety as determined by the division of
youth services, and any escape and recapture that occurs during the period of parole.
(4) If the terms and conditions of a juvenile's parole include the condition that the juvenile
attend school, the department of human services shall notify the school district in which the
juvenile will be enrolled of this condition.
(5) When a juvenile is released by the department of human services to parole supervision,
the payment of any remaining restitution must be a condition of parole.
(6) At least ninety -one days prior to expiration of commitment to the department of human
services, notification must be given to the responsible person who had custody of the juvenile
immediately prior to the commitment. Reasonable efforts must be made to return custody of the
juvenile to the family or responsible person who had custody of the juvenile immediately prior to
Colorado Revised Statutes 2026
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the commitment, unless a court of competent jurisdiction orders that custody of the juvenile is
with a different person.
(7) When custody of a juvenile who will be under the age of eighteen years at the time of
expiration of commitment cannot be determined or none of the resources described in subsection
(6) of this section exist, the division of youth services shall make a referral to the last -known
county of residence of the responsible person having custody of the juvenile immediately prior to
the commitment. The referral to the county must be made by the division of youth services at
least ninety -one days prior to the expiration of the juvenile's commitment. The county
department of human or social services shall conduct an assessment of the juvenile's child
protection needs and, pursuant to rules adopted by the state board, provide services in the best
interest of the juvenile. The division of youth services shall work in collaboration with the
county department of human or social services conducting the assessment and shall provide
parole supervision services as described in section 19-2.5-1204.
(8) If a juvenile who is committed to the department of human services escapes from a
facility operated by the department or a facility with which the department contracts, the
department shall not count the time the juvenile is on escape status toward completion of the
juvenile's commitment.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 697, § 2,
effective October 1. L. 2023: (1)(b)(VIII) amended, (HB 23 -1027), ch. 284, p. 1682, § 12,
effective June 1.
Editor's note: This section is similar to former § 19 -2-921 (5) to (11) as it existed prior to
2021.
Cross references: For the legislative declaration in HB 23 -1027, see section 1 of chapter 284,
Session Laws of Colorado 2023.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Construction of consecutive sentence
provisions. Statute requiring the mandatory
imposition of consecutive sentences for
attempted escape, statute applying the
statute on attempted escapes to juvenile
offenders, and general children's code statute
on commitment of persons to the department
of institutions were construed to be in
Colorado Revised Statutes 2026
Title 19 - Children's Code
-495-
accord with each other, and the imposition
of consecutive sentences was held to be an
exception to the general children's code
section limiting commitments of persons 18
years of age or older to a total of two years.
People in Interest of E.Z.L., 815 P.2d 987
(Colo. App. 1991).
There is nothing unfair or shocking to
the conscience either in the trial court's
imposition of a two -year commitment for
juvenile as provided by former § 19 -2-704
(3) or in its refusal to grant credit for pre -
dispositional detention. People v. T.S.R.,
843 P.2d 105 (Colo. App. 1992).
Juvenile court correctly noted that the
maximum sentence the juvenile court can
impose under the Colorado Children's Code
in the first instance is two years. People v.
Rivera, 968 P.2d 1061 (Colo. App. 1997).
Subsection (3)(c) sets a ceiling of two
years but sets no floor. A court therefore is
not limited to imposing any particular
minimum period of commitment in
sentencing a juvenile. People in Interest of
J.C., 2018 COA 22, 428 P.3d 617.
Applied in J.T. v. O'Rourke ex rel. Tenth
Judicial Dist., 651 P.2d 407 (Colo. 1982);
Rocha v. People, 713 P.2d 350 (Colo. 1986).
19-2.5-1519. Contracts and agreements with public and private agencies.
(1) The executive director of the department of human services shall, subject to available
appropriations, enter into agreements or contracts deemed necessary and appropriate with any
governmental unit or agency or private facility or provider cooperating or willing to cooperate in
a program to carry out the purposes of this article 2.5. The contracts or agreements may provide,
among other things, for the type of work to be performed at a camp or other facility, the rate of
payment for such work, and other matters relating to the care and treatment of juveniles.
(2) Placement of juveniles by the department of human services in any public or private
facility not under the jurisdiction of the department shall not terminate the legal custody of the
department.
(3) The department of human services has the right to inspect all facilities used by it and to
examine and consult with persons in its legal custody who have been placed in any such facility.
(4) (a) On and after April 1, 2004, an entity that contracts with the department of human
services for the operation of a private juvenile facility shall not employ a person who is required
to register pursuant to the "Colorado Sex Offender Registration Act", article 22 of title 16, to
work in the private juvenile facility.
(b) For the purposes of a contract in existence as of April 1, 2004, if a contractor employs a
person in a private juvenile facility who is required to register as a sex offender pursuant to the
"Colorado Sex Offender Registration Act", article 22 of title 16, the contractor shall ensure that
the person does not have unsupervised contact with a juvenile in the facility on and after April 1,
Colorado Revised Statutes 2026
Title 19 - Children's Code
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2004. Failure to comply with this subsection (4) constitutes a breach and grounds for termination
of the contract.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 699, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-410 as it existed prior to 2021.
ANNOTATION
This section contains no express or
implied prohibition on the placement of
juveniles in out -of-state facilities.
McDonnell v. Juvenile Court, 864 P.2d 565
(Colo. 1993) (decided under former law).
19-2.5-1520. Private facilities for juvenile offenders - requests for proposals - rules.
The executive director of the department of human services shall adopt rules and implement a
process to issue requests for proposals with respect to contracts for designing, financing,
acquiring, constructing, and operating private facilities for juvenile offenders. The process to
issue requests for proposals and privatization contracts must meet the requirements set forth in
part 2 of article 1 of title 17 with respect to private adult correctional facilities.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 700, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-411 as it existed prior to 2021.
19-2.5-1521. Juvenile facility - contract for operation. (Repealed)
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 700, § 2,
effective October 1. L. 2022: (4) amended, (HB 22 -1270), ch. 114, p. 518, § 21, effective April
21; entire section repealed, (SB 22-211), ch. 288, p. 2064, § 3, effective May 31.
Colorado Revised Statutes 2026
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Editor's note: (1) This section was similar to former § 19-2-411.5 as it existed prior to 2021.
(2) Subsection (4) was amended in HB 22 -1270. Those amendments were superseded by the
repeal of this section in SB 22-211.
19-2.5-1522. Juveniles committed to department of human services - emergency release.
The department of human services and the judicial department shall establish guidelines for
the emergency release of juveniles committed to the custody of the department of human
services during periods of crisis overcrowding of facilities operated by the department of human
services. The guidelines must take into consideration the best interests of juveniles, the capacity
of individual facilities, and the safety of the public.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 701, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-924 as it existed prior to 2021.
19-2.5-1523. Receiving centers - designation.
(1) The department of human services shall designate receiving centers for juvenile
delinquents committed to the department pursuant to section 19-2.5-1127 or 19-2.5-1103.
(2) If a change is made in the designation of a receiving center by the department of human
services, it shall notify the juvenile courts at least thirty -five days prior to the date that the
change takes effect.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 702, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-405 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-498-
19-2.5-1524. Juveniles - medical benefits application assistance - county of residence -
rules.
(1) Beginning as soon as practicable, but no later than January 1, 2009, no later than one
hundred twenty days prior to release, commitment facility personnel or state personnel shall
assist the parent or legal guardian of the following juveniles in applying for medical assistance
pursuant to part 1 or 2 of article 5 of title 25.5 or in applying to the children's basic health plan
pursuant to section 25.5-8-109:
(a) A juvenile who was receiving medical assistance pursuant to section 25.5 -5-101 (1)(f) or
25.5-5-201 (1)(j), or pursuant to the children's basic health plan pursuant to section 25.5 -8-109,
immediately prior to entering the juvenile commitment facility and is likely to be terminated
from receiving medical assistance while committed or is reasonably expected to meet the
eligibility criteria specified in section 25.5 -5-101 (1)(f), 25.5 -5-201 (1)(j), or 25.5 -8-109 upon
release; and
(b) A juvenile who is committed to a juvenile commitment facility.
(2) If a juvenile is committed or placed for fewer than one hundred twenty days,
commitment facility personnel or state personnel shall make a reasonable effort to assist the
juvenile's parent or legal guardian in applying for medical assistance as soon as practicable.
(3) The department of health care policy and financing shall provide information and training
on medical assistance eligibility requirements and assistance to the personnel at each
commitment facility to assist in and expedite the application process for medical assistance for a
juvenile held in custody who meets the requirements of subsection (1)(a) of this section.
(4) (a) For purposes of determining eligibility pursuant to section 25.5 -4-205, a juvenile's
county of residence is the county specified by the juvenile upon the juvenile's release.
(b) The executive director of the department of health care policy and financing shall
promulgate rules to simplify the processing of applications for medical assistance pursuant to
subsection (1) of this section and to allow a juvenile determined to be eligible for medical
assistance to access the medical assistance upon release and thereafter. If a county department of
human or social services determines that a juvenile is eligible for medical assistance, the county
shall enroll the juvenile in medical assistance or the children's basic health plan effective upon
release of the juvenile. At the time of the juvenile's release, the commitment facility shall give
the juvenile or the juvenile's parent or legal guardian information and paperwork necessary for
the juvenile to access medical assistance. The applicable county department of human or social
services shall provide the commitment facility with the necessary information.
(c) Each juvenile commitment facility administrator shall attempt to enter into prerelease
agreements, if appropriate, with the county department of human or social services, the state
department of human services, or the department of health care policy and financing in order to:
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(I) Simplify the processing of applications for medical assistance or for the children's basic
health plan benefits pursuant to section 25.5 -8-109, to enroll, effective upon release, a juvenile
who is eligible for medical assistance pursuant to section 25.5 -5-101 (1)(f) or 25.5 -5-201 (1)(j)
or the children's basic health plan pursuant to section 25.5-8-109; and
(II) Provide the juvenile or the juvenile's parent or legal guardian with the information and
paperwork necessary to access medical assistance immediately upon release.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 702, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-418 as it existed prior to 2021.
19-2.5-1525. Juveniles committed to department of human services - evaluation and
placement.
(1) (a) Each juvenile committed to the custody of the department of human services shall be
examined and evaluated by the department prior to institutional placement or other disposition.
(b) The evaluation and examination must be conducted at a detention facility and be
completed within thirty-five days. The department of human services may, by rule, determine the
extent and scope of the evaluation and examination. To the extent possible and relevant, the
evidence, reports, examination, studies, and other materials utilized in a sentencing hearing
conducted pursuant to section 19 -2.5-1102 must also be utilized in evaluation and examination
conducted pursuant to this section. This subsection (1)(b) does not apply to an examination and
evaluation conducted pursuant to section 19-2.5-1532 (1).
(c) The examination and evaluation must include the use of an objective risk assessment that
is based upon researched factors that correlate to a risk to the community. The results of the
objective risk assessment must be used to help identify treatment services for the juvenile during
the juvenile's commitment and period of parole supervision.
(2) The department of human services shall then place each juvenile in the appropriate state
institution or facility as provided in section 19 -2.5-1530 or 19 -2.5-1519, as indicated by the
examination and evaluation.
(3) (a) When the department of human services determines that a juvenile requires placement
in a state facility for children with intellectual and developmental disabilities, as defined in
article 10.5 of title 27, it shall initiate proceedings pursuant to article 10.5 of title 27 and notify
the court.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-500-
(b) (I) When the department of human services determines that a juvenile may require
treatment for a behavioral or mental health disorder, it shall conduct or have a mental health
professional conduct a mental health hospital placement prescreening on the juvenile.
(II) If the mental health hospital placement prescreening report recommends that the juvenile
be evaluated, the juvenile may be transferred to a mental health facility operated by the
department of human services for evaluation.
(III) If the evaluation report states that the juvenile has a mental health disorder, as described
in section 27 -65-106, the department of human services shall initiate proceedings pursuant to
article 65 of title 27 and notify the court.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 703, § 2,
effective October 1. L. 2022: (3)(b)(III) amended, (HB 22 -1256), ch. 451, p. 3231, § 33,
effective August 10.
Editor's note: This section is similar to former § 19-2-922 as it existed prior to 2021.
ANNOTATION
Applied in Leidig v. Delaney, 189 Colo.
186, 539 P.2d 1264 (1975) (decided under
former law).
19-2.5-1526. Facility rules - academic and vocational courses.
(1) It is the duty of the department of human services to develop rules necessary for
imparting instruction, preserving health, and enforcing discipline of juveniles committed to the
department of human services.
(2) The academic courses of study and vocational training and instruction given in the
facilities established by section 19 -2.5-1502 and sections 19 -2.5-1527 to 19 -2.5-1529 must
include those approved by the department of education for the instruction of pupils in the
primary and secondary schools of the state. Full credit must be given by school districts in this
state for completion of any semester, term, or year of study instruction by any juvenile who has
such earned credit.
(3) The director of the division of youth services may appoint, pursuant to section 13 of
article XII of the state constitution, a director and such other officers, teachers, instructors,
Colorado Revised Statutes 2026
Title 19 - Children's Code
-501-
counselors, and other personnel as the director considers necessary to transact the business of the
schools and may designate their duties. A person shall not be appointed as a teacher or instructor
in the schools who is not qualified to serve as a teacher or instructor in the schools under the
laws of the state and the standards established by the department of education.
(4) Repealed.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 704, § 2,
effective October 1. L. 2022: (4) added, (HB 22 -1383), ch. 365, p. 2604, § 2, effective August
10.
Editor's note: (1) This section is similar to former § 19-2-414 as it existed prior to 2021.
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2024. (See L.
2022, p. 2604.)
Cross references: For the legislative declaration in HB 22 -1383, see section 1 of chapter 365,
Session Laws of Colorado 2022.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The department of human services has
considerable latitude to make assignments
and transfers to effectuate its goals.
Coupled with the state personnel system
sections, the statutory scheme as a whole
demonstrates that the legislature intended
that the department have significant
discretion in directing personnel to carry out
its mission. Dept. of Human Servs. v. May, 1
P.3d 159 (Colo. 2000).
Corrections student need not complete
final semester at district school. For a
district school to require a department of
corrections student to complete his final
semester at a district school in order to
receive his diploma from that school is
violative of this section. Department of
Insts. ex rel. S.L.G. v. Bushnell, 195 Colo.
566, 579 P.2d 1168 (1978).
Academic work done at department of
corrections facilities will be considered the
equivalent of work in Colorado school
districts. Department of Insts. ex rel. S.L.G.
v. Bushnell, 195 Colo. 566, 579 P.2d 1168
(1978).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-502-
19-2.5-1527. Lookout Mountain school.
(1) There is established at Golden, Jefferson county, a training school known as the Lookout
Mountain school, under the supervision and control of the department of human services.
(2) The school shall provide care, education, training, and rehabilitation for juveniles ten
years of age or older who have been committed to the custody of the department of human
services pursuant to section 19 -2.5-1127 or 19 -2.5-1103. In addition, the school may provide
care, education, training, and rehabilitation for any juvenile who has been sentenced to the
department of corrections and is being housed in a facility operated by the department of human
services pursuant to a contract with the department of corrections pursuant to section 19 -2.5-
1502 (4).
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 704, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-406 as it existed prior to 2021.
ANNOTATION
This section does not dictate that the
department of human services alone must
perform the education and training
services. Rather, the department may
contract with other public and private
agencies to assist in carrying out its
responsibilities. Dept. of Human Servs. v.
May, 1 P.3d 159 (Colo. 2000) (decided
under former law).
19-2.5-1528. Mount View school.
(1) There is established near Morrison, Jefferson county, a training school known as the
Mount View school under the supervision and control of the department of human services.
(2) The school shall provide care, education, training, and rehabilitation for juveniles ten
years of age or older who have been committed to the custody of the department of human
services pursuant to section 19 -2.5-1127 or 19 -2.5-1103. In addition, the school may provide
care, education, training, and rehabilitation for any juvenile who has been sentenced to the
department of corrections and is being housed in a facility operated by the department of human
services pursuant to a contract with the department of corrections pursuant to section 19 -2.5-
1502 (4).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-503-
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 705, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-407 as it existed prior to 2021.
19-2.5-1529. Youth camps.
The department of human services may establish and administer youth camps. Staff at youth
camps shall provide care, education, training, rehabilitation, and supervision for juveniles ten
years of age or older who have been committed to the custody of the department of human
services pursuant to section 19-2.5-1127 or 19-2.5-1103.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 705, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-408 as it existed prior to 2021.
19-2.5-1530. Alternate placement.
The executive director of the department of human services may assign any juvenile placed by
the department of human services in any facility established pursuant to section 19 -2.5-1502, 19-
2.5-1527, or 19 -2.5-1528 to any other facility established by said sections for educational
training, treatment, or rehabilitation programs. The assignment and the transportation of a
juvenile to and from such programs on a daily basis does not constitute a transfer or change of
placement of the juvenile.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 705, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-409 as it existed prior to 2021.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-504-
19-2.5-1531. Juveniles committed to the department of human services - prohibition
against the use of restraints on pregnant juveniles.
(1) The staff of the department of human services, in restraining a female juvenile committed
to the department of human services or detained in a juvenile facility, shall use the least
restrictive restraints necessary to ensure safety if the staff have actual knowledge or a reasonable
belief that the juvenile is pregnant. The requirement that staff use the least restrictive restraints
necessary to ensure safety must continue during postpartum recovery and transport to or from a
juvenile facility.
(2) (a) (I) Staff of the department of human services or medical facility staff shall not use
restraints of any kind on a pregnant juvenile during labor and delivery of the child; except that
staff may use restraints if:
(A) The medical staff determine that restraints are medically necessary for safe childbirth;
(B) The staff of the department of human services or medical staff determine that the
juvenile presents an immediate and serious risk of harm to herself, to other patients, or to
medical staff; or
(C) The staff of the department of human services determine that the juvenile poses a
substantial risk of escape that cannot reasonably be reduced by the use of other existing means.
(II) Notwithstanding subsection (2)(a)(I) of this section to the contrary, under no
circumstances shall staff use leg shackles or waist restraints on a juvenile during labor and
delivery of the child, postpartum recovery while in a medical facility, or transport to or from a
medical facility for childbirth.
(b) The staff of the department of human services or medical facility authorizing the use of
restraints on a pregnant juvenile during labor or delivery of the child shall make a written record
of the use of restraints. The record must include, at a minimum, the type of restraint used, the
circumstances that necessitated the use of the restraint, and the length of time the restraint was
used. The department of human services staff shall retain the record for a minimum of five years
and shall make the record available for public inspection with individually identifying
information redacted from the record unless the juvenile who is the subject of the record gives
prior written consent for the public release of the record. The written record of the use of
restraint does not constitute a medical record under state or federal law.
(3) Upon return to a department of human services facility after childbirth, the juvenile is
entitled to have a member of the department of human services' medical staff present during any
strip search.
(4) When a juvenile's pregnancy is determined, the staff of the department of human services
shall inform a pregnant juvenile committed to the department of human services in writing in a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-505-
language and in a manner understandable to the juvenile of the provisions of this section
concerning the use of restraints and the presence of medical staff during a strip search.
(5) The executive director of the department of human services shall ensure that the staff of
the department of human services receive adequate training concerning the provisions of this
section.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 705, § 2,
effective October 1.
Editor's note: This section is similar to former § 19-2-924.7 as it existed prior to 2021.
19-2.5-1532. Juveniles committed to department of human services - transfers.
(1) The executive director of the department of human services may transfer a juvenile
committed pursuant to section 19 -2.5-1127 or 19 -2.5-1103 among the facilities established
pursuant to sections 19 -2.5-1502 and 19 -2.5-1527 to 19 -2.5-1529; except that, before the
juvenile is transferred, the juvenile shall be examined and evaluated, and the executive director
shall review the evaluation before approving the transfer.
(2) When the executive director of the department of human services finds that the welfare
and protection of a juvenile or of others requires the juvenile's immediate transfer to another
facility, the executive director shall make the transfer prior to having the juvenile examined and
evaluated.
(3) (a) A juvenile committed to the department of human services may be transferred
temporarily to any state treatment facility for persons with behavioral or mental health disorders
or intellectual and developmental disabilities for purposes of diagnosis, evaluation, and
emergency treatment; except that a juvenile may not be transferred to a state treatment facility
for persons with mental health disorders until the juvenile has received a mental health hospital
placement prescreening resulting in a recommendation that the juvenile be placed in a facility for
evaluation pursuant to section 27 -65-106. A juvenile committed to the department of human
services as an aggravated juvenile offender pursuant to section 19 -2.5-1127 or violent juvenile
offender pursuant to section 19-2.5-1126 (1)(c) must not be transferred until the treatment facility
has a secure setting in which to house the juvenile. The period of temporary transfer pursuant to
this subsection (3)(a) must not exceed sixty days.
(b) When a juvenile has remained in the treatment facility for sixty days, the treatment
facility shall determine whether the juvenile requires further treatment or services, and, if so, the
treatment facility shall confer with the sending facility concerning continued placement. If both
Colorado Revised Statutes 2026
Title 19 - Children's Code
-506-
facilities agree that the juvenile should remain in the treatment facility, the executive director of
the department of human services shall be notified of the recommendation and may authorize an
additional sixty-day placement. When an additional placement is authorized, the court must be
notified of the transferred placement.
(c) During each subsequent sixty -day placement period, the juvenile shall be reevaluated by
both the treatment facility and the sending facility to determine the need for continued
transferred placement. The juvenile remains in transferred placement until the facilities agree that
such placement is no longer appropriate. At that time the juvenile must be transferred back to the
sending facility or to any other facility that the department of human services determines to be
appropriate. The period of placement must not exceed the length of the original commitment to
the department of human services unless authorized by the court after notice and a hearing.
(d) When a juvenile is in continued transferred placement and the treatment facility and the
sending facility agree that the need for placement of the juvenile is likely to continue beyond the
original period of commitment to the department of human services, the treatment facility shall
initiate proceedings with the court having jurisdiction over the juvenile pursuant to article 65 of
title 27 if the juvenile has a mental health disorder or pursuant to article 10.5 of title 27 if the
juvenile has intellectual and developmental disabilities.
Source: L. 2021: Entire article added with relocations, (SB 21 -059), ch. 136, p. 706, § 2,
effective October 1. L. 2022: (3)(a) amended, (HB 22 -1256), ch. 451, p. 3231, § 34, effective
August 10.
Editor's note: This section is similar to former § 19-2-923 as it existed prior to 2021.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The general assembly intended to
segregate children found to be in need of
supervision from delinquents by providing
that the former may not be initially placed in
institutions for juvenile delinquents nor may
they be transferred by the director of
institutions to such institutions without
approval of court. The general assembly also
set up separate sections of the statute to
separate the disposition and punishment of
those adjudicated as children in need of
supervision from those adjudicated as
delinquent. People in Interest of D.R., 29
Colo. App. 525, 487 P.2d 824 (1971).
Applied in Leidig v. Delaney, 189 Colo.
186, 539 P.2d 1264 (1975).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-507-
ARTICLE 3
Dependency and Neglect
PART 1
DEFINITIONS
19-3-100.5. Legislative declarations -
reasonable efforts -
movement of children
and sibling groups.
19-3-101. Definitions. (Repealed)
19-3-102. Neglected or dependent child.
19-3-103. Child not neglected - when.
19-3-104. Hearings - procedure.
PART 2
GENERAL PROVISIONS
19-3-201. Venue.
19-3-201.5. Change of venue - county
department and county
attorney responsibilities -
rules.
19-3-202. Right to counsel and jury
trial.
19-3-203. Right to guardian ad litem
and counsel for youth.
19-3-204. Temporary protective
custody. (Repealed)
19-3-205. Continuing jurisdiction.
19-3-206. Representation of petitioner.
19-3-207. Inadmissibility of certain
evidence.
19-3-208. Services - county required to
provide - out-of-home
placement options - rules
- definitions.
19-3-208.5. Pilot program - legislative
declaration - child
welfare - mental health
services - rules - repeal.
(Repealed)
19-3-209. Individual case plan -
required.
19-3-210. Foster parents' bill of rights
study - task force created
- principles to be
examined - report.
(Repealed)
19-3-210.5. Foster parents' bill of rights.
19-3-211. Conflict resolution process -
rules - definitions.
19-3-212. Notice of rights and remedies
for families.
19-3-213. Placement criteria.
19-3-213.5. Placement transition plans -
out-of-home placements
in family-based settings -
training - rules -
definitions.
19-3-214. Placement reporting.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-508-
19-3-215. Foster care - capacity may be
exceeded for sibling
groups.
19-3-216. Rules.
19-3-217. Family time upon removal -
rules.
19-3-218. Transferring temporary legal
custody of a child or
youth - advisement.
19-3-219. Language access.
PART 3
CHILD ABUSE OR NEGLECT
19-3-301. Short title.
19-3-302. Legislative declaration.
19-3-303. Definitions. (Repealed)
19-3-304. Persons required to report
child abuse or neglect.
19-3-304.2. Mandatory reporter task force
- creation - reporting -
definitions - repeal.
(Repealed)
19-3-304.3. Best practices and training
for recognition of
domestic abuse as child
abuse or neglect - policies
and procedures - rules.
19-3-304.4. Pre-adolescent services task
force - duties - report -
repeal. (Repealed)
19-3-304.5. Emergency possession of
certain relinquished
children - rules -
legislative declaration -
definitions.
19-3-305. Required report of
postmortem investigation.
19-3-306. Evidence of abuse - color
photographs and X rays.
19-3-307. Reporting procedures -
definitions.
19-3-308. Action upon report of
intrafamilial, institutional,
or third-party abuse -
investigations - child
protection team - rules -
report.
19-3-308.3. Differential response
program for child abuse
or neglect cases of low or
moderate risk - rules -
evaluation.
19-3-308.5. Recorded interviews of child.
19-3-309. Immunity from liability -
persons reporting.
19-3-309.5. Preconfirmation safety plan
agreement - first-time
minor incidents of child
abuse or neglect - rules.
19-3-310. Child abuse and child neglect
diversion program.
19-3-310.5. Mediation - pilot program.
(Repealed)
19-3-311. Evidence not privileged.
19-3-312. Court proceedings.
19-3-313. Central registry. (Repealed)
19-3-313.5. State department duties -
reports of child abuse or
neglect - training of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-509-
county departments -
rules - notice and appeal
process - confidentiality.
19-3-314. Confidentiality of records.
(Repealed)
19-3-315. Federal funds.
19-3-316. Protection orders and
emergency protection
orders. (Repealed)
19-3-317. Screening tool - human
trafficking.
19-3-318. Study of child welfare
caseworker resiliency
programs - creation -
membership - report -
repeal. (Repealed)
19-3-319. Child advocacy centers -
information sharing -
civil immunity -
definitions.
PART 4
TEMPORARY CUSTODY AND SHELTER
19-3-401. Taking children into custody.
19-3-402. Duty of officer - notification
- release or detention.
19-3-403. Temporary custody - hearing
- time limits - restriction -
rules.
19-3-403.5. Temporary shelter.
19-3-404. Temporary shelter - child's
home.
19-3-405. Temporary protective
custody.
19-3-406. Relatives or kin as providers
of emergency,
nonemergency, or
continued placement for
children or youth - initial
criminal history record
check - fingerprint-based
criminal history record
check - criteria for
disqualification - use of
criminal justice records -
rules - definitions.
19-3-407. Noncertified kinship care -
requirement for
background checks and
other checks - definitions.
(Repealed)
PART 5
PETITION, ADJUDICATION,
DISPOSITION
19-3-500.2. Legislative declaration.
19-3-501. Petition initiation -
preliminary investigation
- informal adjustment.
19-3-502. Petition form and content -
limitations on claims in
dependency or neglect
actions.
19-3-503. Summons - issuance -
contents - service.
19-3-504. Contempt - warrant.
19-3-505. Adjudicatory hearing -
findings - adjudication.
19-3-506. Child with a mental health
disorder or an intellectual
Colorado Revised Statutes 2026
Title 19 - Children's Code
-510-
and developmental
disability - procedure.
19-3-507. Dispositional hearing - rules.
19-3-508. Neglected or dependent child
or youth - disposition -
concurrent planning -
definition.
PART 6
TERMINATION OF THE PARENT-CHILD
LEGAL RELATIONSHIP
19-3-601. Short title.
19-3-602. Motion for termination -
separate hearing - right to
counsel - no jury trial.
19-3-603. Notice - abandonment.
19-3-604. Criteria for termination.
19-3-605. Request for placement with
family members.
19-3-606. Review of child's disposition
following termination of
the parent-child legal
relationship.
19-3-607. Expert testimony.
19-3-608. Effect of decree.
19-3-609. Appeals - time requirements.
19-3-610. Budgetary allocation for
expenses.
19-3-611. Review of decisions
regarding placement of
children. (Repealed)
19-3-612. Reinstatement of the parent-
child legal relationship -
circumstances - petition -
hearings - legislative
declaration.
PART 7
REVIEW OF PLACEMENT
19-3-701. Petition for review of need
for placement. (Repealed)
19-3-702. Permanency hearing.
19-3-702.5. Periodic reviews.
19-3-703. Permanent home. (Repealed)
19-3-704. Youth with disabilities -
incapacitated persons.
19-3-705. Transition hearing.
PART 8
TASK FORCE ON THE COLLECTION
AND SECURITY OF DIGITAL IMAGES
OF CHILD ABUSE OR NEGLECT
19-3-801 to
19-3-805. (Repealed)
PART 9
TASK FORCE ON HIGH-QUALITY
PARENTING TIME
19-3-901 to
19-3-905. (Repealed)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-511-
PART 1
DEFINITIONS
19-3-100.5. Legislative declarations - reasonable efforts - movement of children and
sibling groups.
(1) The general assembly hereby finds and declares that the stability and preservation of the
families of this state and the safety and protection of children are matters of statewide concern.
The general assembly finds that the federal "Adoption Assistance and Child Welfare Act of
1980", federal Public Law 96 -272, requires that each state make a commitment to make
"reasonable efforts" to prevent the placement of abused and neglected children out of the home
and to reunify the family whenever appropriate.
(2) The general assembly further finds that the federal "Adoption and Safe Families Act of
1997", federal Public Law 105 -89, clarifies what constitutes "reasonable efforts" by decreeing
that when deciding whether to make such efforts and in the process of making such efforts, the
health and safety of the child is the paramount concern. This federal law further encourages
expediting permanency planning for children in out -of-home placement by removing barriers to
permanency and streamlining entitlement services. The law specifies that one of the goals of all
placement decisions, whether leaving the child in the home or placing the child outside the
home, is safety for the child.
(3) The general assembly further finds that the implementation of the federal "Adoption
Assistance and Child Welfare Act of 1980", federal Public Law 96 -272, is not the exclusive
responsibility of the state department of human services or of county or district departments of
human or social services. Elected officials at the state and local levels must ensure that resources
and services are available through state and local social services agencies and through the
involvement of the resources of public and private sources. Judges, attorneys, and guardians ad
litem must be encouraged to take independent responsibility to ensure that "reasonable efforts" to
prevent out-of-home placements have been made only when appropriate, that permanency occurs
for children in foster care, and that safe child placements occur in each case.
(4) (a) The general assembly also hereby finds that:
(I) The American Academy of Pediatrics has found that emotional and cognitive disruptions
in the early lives of children have the potential to impair brain development. Paramount in the
lives of children in foster care is their need for continuity with their primary attachment figures
and a sense of permanence that is enhanced when the child's placement is stable.
(II) The American Academy of Pediatrics has found that attachment to a primary caregiver is
essential to the development of emotional security and social conscience; and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-512-
(III) According to the American Academy of Pediatrics, optimal child development occurs
when a spectrum of needs is consistently met over an extended period. Separation of a child from
his or her primary caregiver occurring between six months and three years of age is more likely
to result in subsequent emotional disturbances for the child than if the separation occurs when
the child is older. Repeated moves from home to home compound the adverse consequences of
separation. Further, the younger the child and the more extended the period of uncertainty or
separation, the more detrimental the separation will be to the child's well-being. Any intervention
that separates a child from the child's primary caregiver or person who provides psychological
support to the child should be cautiously considered and treated as a matter of urgency and
profound importance.
(b) The general assembly further finds that older children in foster care are at a high risk of
having long -term mental health issues, dropping out of school, developing alcohol and drug
dependence, experiencing promiscuity, and interacting with the criminal justice system. Multiple
moves for older children lead to disruption in schooling and meaningful relationships and
attachments, including relationships with peers and family of origin. As a result these children
have few, if any, long-term connections when they leave foster care, resulting in little support for
their growth into independent adults.
(c) The general assembly therefore declares that multiple moves for children in the
dependency and neglect system should be discouraged in favor of permanent planning upon
which these children can rely for their healthy mental, physical, and emotional development.
(5) Therefore, in order to carry out the requirements addressed in this section, to ensure
stability in placements, to preserve families, and to decrease the need for out-of-home placement,
the general assembly shall define "reasonable efforts" and identify the services and processes that
must be in place to ensure that "reasonable efforts" have been made. The general assembly
provides that "reasonable efforts" are deemed to be met when a county or city and county
provides services in accordance with section 19 -3-208 and when full consideration has been
given to the provisions of section 24-34-805 (2).
Source: L. 93: Entire section added, p. 2012, § 1, effective July 1. L. 94: Entire section
amended, p. 1053, § 2, effective May 4. L. 98: Entire section amended, p. 1416, § 1, effective
July 1. L. 2015: Entire section amended, (HB 15 -1337), ch. 328, p. 1340, § 1, effective June 5.
L. 2018: (5) amended, (HB 18 -1104), ch. 164, p. 1134, § 5, effective April 25. L. 2024: (3)
amended, (HB 24-1222), ch. 155, p. 688, § 5, effective August 7.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-513-
Questions concerning a child's health
and safety are purview of trial court,
which retains ultimate decision -making
authority in the case. The trial court itself
must make decisions regarding visitation
and may not delegate this function to third
parties. People ex rel. B.C., 122 P.3d 1067
(Colo. App. 2005).
An appellate court reviews de novo the
juvenile court's ultimate conclusion
whether a child protection agency's actions
in a dependency and neglect case satisfies its
obligations to make reasonable efforts to
reunify the family and avoid out -of-home
placement of the child. People in Interest of
A.S.L., 2022 COA 146, 527 P.3d 404.
Whether the child protection agency
satisfied its obligation to make reasonable
efforts to reunify the family and avoid
out-of-home placement of the child is a
mixed question of fact and law. People in
Interest of A.S.L., 2022 COA 146, 527 P.3d
404.
A child protection agency's actions in a
dependency and neglect case satisfied its
obligations to make reasonable efforts to
reunify the family and avoid out -of-home
placement of the child. People in Interest of
A.S.L., 2022 COA 146, 527 P.3d 404.
Articles 3 and 5 of the Children's Code
are not interchangeable for purposes of
termination of parental rights. Parental
rights cannot be terminated under article 5 if
a dependency and neglect action under this
article 3 is still active. People in Interest of
E.M., 2016 COA 38M, 417 P.3d 843, aff'd
sub nom. People in Interest of L.M., 2018
CO 34, 416 P.3d 875.
19-3-101. Definitions. (Repealed)
Source: L. 87: Entire title R&RE, p. 759, § 1, effective October 1. L. 93: Entire section
amended, p. 2013, § 2, effective July 1; (1) amended, p. 582, § 19, effective July 1. L. 94: (1)
amended, p. 1084, § 3, effective May 4. L. 96: Entire section repealed, p. 85, § 11, effective
March 20.
Cross references: For current applicable definitions, see § 19-1-103.
19-3-102. Neglected or dependent child.
(1) A child is neglected or dependent if:
(a) A parent, guardian, or legal custodian has abandoned the child or has subjected him or her
to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another
Colorado Revised Statutes 2026
Title 19 - Children's Code
-514-
to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse
and prevent it from recurring;
(b) The child lacks proper parental care through the actions or omissions of the parent,
guardian, or legal custodian;
(c) The child's environment is injurious to his or her welfare;
(d) A parent, guardian, or legal custodian fails or refuses to provide the child with proper or
necessary subsistence, education, medical care, or any other care necessary for his or her health,
guidance, or well-being;
(e) The child is homeless, without proper care, or not domiciled with his or her parent,
guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;
(f) The child has run away from home or is otherwise beyond the control of his or her parent,
guardian, or legal custodian;
(g) The child is born affected by alcohol or substance exposure, except when taken as
prescribed or recommended and monitored by a licensed health care provider, and the newborn
child's health or welfare is threatened by substance use.
(2) A child is neglected or dependent if:
(a) A parent, guardian, or legal custodian has subjected another child or children to an
identifiable pattern of habitual abuse; and
(b) Such parent, guardian, or legal custodian has been the respondent in another proceeding
under this article in which a court has adjudicated another child to be neglected or dependent
based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has
determined that such parent's, guardian's, or legal custodian's abuse or neglect has caused the
death of another child; and
(c) The pattern of habitual abuse described in paragraph (a) of this subsection (2) and the
type of abuse described in the allegations specified in paragraph (b) of this subsection (2) pose a
current threat to the child.
Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 97: Entire section
amended, p. 516, § 2, effective July 1; entire section amended, p. 1433, § 8, effective July 1. L.
2005: (1)(g) added, p. 587, § 2, effective July 1. L. 2020: (1)(g) amended, (SB 20-028), ch. 186,
p. 854, § 5, effective June 30.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-515-
Editor's note: (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 -1-103
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section by Senate Bill 97-218 and Senate Bill 97-71 were harmonized.
ANNOTATION
Law reviews. For article, "Review of
Colorado Dependency and Neglect Law",
see 11 Colo. Law. 3007 (1982).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Former subsection (1)(c) (formerly §
19-1-403 (20)(c)). Subsection (1)(c) is not
unconstitutionally vague and overbroad.
People in Interest of V .A.E.Y .H.D., 199
Colo. 148, 605 P.2d 916 (1980).
Public policy of state is to provide for
neglected and dependent child in a manner
that will best serve his or her welfare and the
interests of society. In re People in Interest
of M.M., 184 Colo. 298, 520 P.2d 128
(1974).
The juvenile court does not have
jurisdiction over an unborn child in a
dependency and neglect action. The
Colorado Children's Code defines a "child"
as a person under 18 years of age. When the
general assembly amended the definition of
child in 1967 and removed the reference to
an unborn child, the intent was to change the
law and no longer subject an unborn child to
the provisions of the Children's Code.
Additionally, the remedies that are available
in dependency and neglect actions support
the conclusion that an unborn child is not
subject to the Children's Code. The
provisions and remedies in the dependency
and neglect statutes all relate to a child who
has been born. People ex rel. H., 74 P.3d 494
(Colo. App. 2003).
People ex rel. H., cited above, does not
preclude the filing of a petition as to a
child born with controlled substances in
his or her system. Evidence of a parent's
prenatal substance abuse is sufficient to
establish there will be mistreatment or abuse
if the child is placed with the parent after
birth. Upon the birth of the child, such
evidence may also support the filing of a
petition in dependency or neglect under
subsection (1)(a) to (1)(c). People ex rel.
T.T., 128 P.3d 328 (Colo. App. 2005).
In order to declare child neglected or
dependent as a preliminary to separating
him or her from his or her parents or
custodians, the evidence must clearly
establish its necessity, and state intervention
should be limited to instances of neglect and
dependency as defined in the Colorado
Children's Code. People in Interest of T.H.,
197 Colo. 247, 593 P.2d 346 (1979).
Adjudications of neglect or dependency
are not made "as to" the parents, but
rather relate only to the status of the child.
People in Interest of P.D.S., 669 P.2d 627
Colorado Revised Statutes 2026
Title 19 - Children's Code
-516-
(Colo. App. 1983); People ex rel. T.T., 128
P.3d 328 (Colo. App. 2005).
A parent's criminal convictions and
pending charges cannot support a
dependency and neglect determination,
unless there is a link between the parent's
convictions and pending charges and the
factors set forth in this section. People in
Interest of D.M.F.D., 2021 COA 95, 497
P.3d 14.
Specific findings required. Vague
references to a child's best interests cannot
be substituted for the specific findings
required by the Colorado Children's Code.
C.M. v. People in Interest of J.M., 198 Colo.
436, 601 P.2d 1364 (1979).
In order to declare a child neglected and
dependent, a step ordinarily followed by a
disposition proceeding separating him or her
from his or her parents or custodians, the
evidence must clearly establish that such
separation is necessary. State intervention
should be limited to the instances of neglect
and dependency defined in this section.
C.M. v. People in Interest of J.M., 198 Colo.
436, 601 P.2d 1364 (1979).
There is no single adamantine
signification in the expressions
"dependent child" and "neglected child",
but the court must naturally look to the
general assembly for the meaning intended
to be attached to these words. Metzger v.
People, 98 Colo. 133, 53 P.2d 1189 (1936).
There is no distinction between findings
of dependency and neglect. People in
Interest of D.L.E., 645 P.2d 271 (Colo.
1982).
Terms "neglected" or "dependent" are
used interchangeably in former
subsection (20) (now subsection (1)) and
by setting these out in the alternative the
general assembly intended that "neglected or
dependent child" or "dependent or neglected
child" would stand for a single concept.
People in Interest of D.L.E., 200 Colo. 244,
614 P.2d 873 (1980).
The dependency provisions make no
distinction between illegitimate and
legitimate dependent children. The
terminology thereof, namely "child", clearly
negates such a construction. Ortega v.
Portales, 134 Colo. 537, 307 P.2d 193
(1957).
Former § 19-1-114 (now § 19-3-103) can
bar finding of neglect or dependency
under subsection (1) of this section. People
in Interest of D.L.E., 200 Colo. 244, 614
P.2d 873 (1980).
A "custodian" does not have the right
to care, custody, or control of a child
within the meaning of subsection (1)(b). A
"legal custodian" does have the right to care,
custody, or control of a child within the
meaning of subsection (1)(b). A "legal
custodian" references a different type of
relationship to a child than a "custodian". A
paid child care provider is considered a
"custodian". Thus, subsection (1)(b) is
inapplicable in determining whether a paid
child care provider's actions constitute child
abuse or neglect. Ansel v. State Dept. of
Human Servs., 2020 COA 172M, 480 P.3d
758.
The addition of subsection (1)(g)
clarified, but did not change, existing law.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-517-
Subsection (1)(g) was intended to expedite
dependency and neglect proceedings, and
subsection (1)(g) can be applied to a petition
filed as to a child born with controlled
substances in his or her system. People ex
rel. T.T., 128 P.3d 328 (Colo. App. 2005).
For a child to be found dependent or
neglected pursuant to subsection (1)(g), a
two-pronged test must be satisfied. First, it
must be established by a preponderance of
the evidence that the child was born affected
by substance exposure, as shown by a
positive test for the substance at birth.
Second, it must be established that the
child's health or welfare is threatened by
substance use, either directly or as a result of
a parent's substance use -- in this case, the
mother's ongoing need for treatment for
substance abuse and inability to adequately
care for the child as a result of her substance
abuse issues. People in Interest of B.C.B.,
2025 CO 28, 569 P.3d 74.
A child whose parents have abandoned
it is a dependent or neglected child. In re
People in Interest of R.L., 32 Colo. App. 29,
505 P.2d 968 (1973).
As is child subjected to mistreatment.
In an action to declare children dependent or
neglected, the state must show that the
parents subjected, or allowed another to
subject, the child to mistreatment or abuse.
In re People in Interest of R.K., 31 Colo.
App. 459, 505 P.2d 37 (1972).
Where welfare and needs are in peril.
Under these provisions of the Colorado
Children's Code concerning the
determination of neglect and dependency,
such determination can be sought only in
situations where the immediate needs and
welfare of a child are in peril, and
consequently they represent situations where
the doctrine of parens patriae would be
applicable. In re People in Interest of E.F.C.,
30 Colo. App. 190, 490 P.2d 706 (1971).
Child not neglected because condition
would improve with change of parents.
While the state has a legitimate concern in
furthering the best interests of the child, a
child cannot be deemed "neglected" merely
because it is contended that his condition
would be improved by changing his parents
or custodians. People in Interest of T.H., 197
Colo. 247, 593 P.2d 346 (1979).
Abandonment is primarily a question
of intent. It is more often determined by
what one does rather than by what he says.
Fulton v. Martensen, 129 Colo. 125, 267
P.2d 658 (1954).
Injurious environment allegations
against father based solely on mother's
conduct were erroneous. Court unwilling
to read into subsection (1)(c) a provision
allowing for a no -fault adjudication where
the dependency and neglect petition is based
on allegations of an injurious environment
given that the general assembly expressly
provided for no -fault adjudication in
subsection (1)(e) concerning homelessness
and lack of proper care. People ex rel.
S.G.L., 214 P.3d 580 (Colo. App. 2009).
In determining whether a child's
environment is injurious to their welfare
under subsection (1)(c), when a child has
been removed from the parents' care, the
relevant environment is the one the child
would be in if returned to the parents, not
Colorado Revised Statutes 2026
Title 19 - Children's Code
-518-
the child's environment in foster care or
otherwise in the custody of the department
of human services after removal. People in
Interest of C.M., 2024 COA 90, 558 P.3d
995.
Abandoned child receiving care from
others may be declared dependent and
neglected. When a child has been
abandoned by its parents, a court may find
that the child is dependent and neglected,
notwithstanding the fact that the child may
be currently receiving adequate care from
other persons. People in Interest of F.M., 44
Colo. App. 142, 609 P.2d 1123 (1980).
No religious freedom right to expose
child to ill health. The right to practice
religion freely does not include the right or
liberty to expose the community or the child
to ill health or death. People in Interest of
D.L.E., 645 P.2d 271 (Colo. 1982).
And allowing conventional medical
treatment not unconstitutional. An
interpretation of this section to allow
conventional medical treatment does not
violate the free exercise of religion clauses
of the first amendment of the United States
constitution and of § 4 of art. II, Colo.
Const. People in Interest of D.L.E., 645 P.2d
271 (Colo. 1982).
Child neglected if deprived of care
necessary to prevent life -endangering
condition. A child who is treated solely by
spiritual means is not, for that reason alone,
dependent or neglected, but if there is an
additional reason, such as where the child is
deprived of medical care necessary to
prevent a life -endangering condition, the
child may be adjudicated dependent and
neglected under the statutory scheme.
People in Interest of D.L.E., 645 P.2d 271
(Colo. 1982).
At least where a minor suffers from a life -
threatening medical condition due to a
failure to comply with a program of medical
treatment on religious grounds, this section
permits a finding of dependency and
neglect. People in Interest of D.L.E., 645
P.2d 271 (Colo. 1982).
"For that reason alone" construed. The
statutory language, "for that reason alone",
allows a finding of dependency and neglect
for other "reasons", such as where the child's
life is in imminent danger, despite any
treatment by spiritual means. People in
Interest of D.L.E., 645 P.2d 271 (Colo.
1982).
A child may be neglected or dependent
because she lacks proper care through no
fault of the parents. M.S. v. People, 812
P.2d 632 (Colo. 1991).
Summary judgment in favor of
defendant pursuant to subsection (1)(f)
and against mother of 9 -year-old child
was not appropriate. Even though child
had once refused to go home, there was no
evidence that child had run away from
home, and child's statement that she would
consider living part -time with each parent
sufficiently raised a genuine issue as to
whether child was beyond the control of her
mother. People in Interest of C.C.G., 873
P.2d 41 (Colo. App. 1994).
Summary judgment was also
inappropriate under subsections (1)(b) to
(1)(d) where other than child's claim of
abuse, there was no evidence of abuse under
Colorado Revised Statutes 2026
Title 19 - Children's Code
-519-
§ 19 -3-505 (7)(a) which might have
occurred while the child, who also spent
time with noncustodial father, was in the
mother's custody. People in Interest of
C.C.G., 873 P.2d 41 (Colo. App. 1994).
Further, even if court were to characterize
the enlarged vaginal opening as evidence of
abuse pursuant to § 19-3-505 (7)(a), it would
establish only prima facie, not conclusive,
evidence that child was neglected or
dependent under this section. People in
Interest of C.C.G., 873 P.2d 41 (Colo. App.
1994).
Whether to grant summary judgment
in a dependency and neglect adjudication
involving prospective harm must be
decided on a case -by-case basis. The court
must determine whether the material facts
are disputed. If the material facts are
undisputed, the court must apply the statute
to the facts and determine whether
reasonable minds can draw differing
inferences. Depending on the undisputed
facts of the case, summary judgment may be
appropriate. While a parent's past conduct
and current circumstances are likely to be
disputed, the possibility of summary
judgment in a particular case is not
foreclosed. People in Interest of S.N. v. S.N.,
2014 CO 64, 329 P.3d 276.
Jury instructions concerning
dependency and neglect adjudication
were not misleading where instructions
were stated in the past tense rather than
the present tense. People ex rel. S.X.M.,
271 P.3d 1124 (Colo. App. 2011).
Jury instruction was not a proper
pattern introductory statement of the case
instruction when it incorporated the entire
case history from the dependency and
neglect petition into the statement -of-the-
case instruction to prospective jurors. The
case history included unsubstantiated
allegations and allegations based on
inadmissable evidence. The error impaired
the basic fairness of the trial, requiring
reversal. People in Interest of M.H -K., 2018
COA 178, 433 P.3d 627.
Presumption afforded parent under
Troxel v. Granville, 530 U.S. 57 (2000),
that parent is acting and will act in the
best interests of the child is overcome by
adjudicatory order finding a child
dependent or neglected. The mere judicial
authorization to file a petition alleging
dependency or neglect does not overcome
the Troxel presumption. People ex rel. N.G.,
2012 COA 131, 303 P.3d 1207.
The Troxel presumption will ordinarily
survive a deferred adjudication because a
deferred adjudication is not final as to the
merits of the allegations set forth in the
dependency and neglect petition, especially
where the determination is based only on the
parent's no -fault admission. People ex rel.
N.G., 2012 COA 131, 303 P.3d 1207.
The statutory criteria for adjudicating
a child as dependent or neglected satisfies
Troxel and does not require that the court
find that both parents are unavailable,
unable, or unwilling to provide
reasonable parental care prior to
adjudication. Adjudicatory proceedings are
distinct from termination proceedings, and
each has different goals and requirements.
By requiring the state to prove that neither
parent was available, able, and willing to
Colorado Revised Statutes 2026
Title 19 - Children's Code
-520-
provide reasonable parental care, the trial
court erred in unnecessarily conflating the
statutory dependency and neglect criteria
with the termination criteria. People in
Interest of J.G., 2016 CO 39, 370 P.3d 1151.
Subsection (1)(c) does not require proof
of parental fault. Child may be adjudicated
dependent or neglected when he or she is in
an injurious environment, regardless of the
parents' actions or failures to act. People in
Interest of J.G., 2016 CO 39, 370 P.3d 1151.
19-3-103. Child not neglected - when.
(1) No child who in lieu of medical treatment is under treatment solely by spiritual means
through prayer in accordance with a recognized method of religious healing shall, for that reason
alone, be considered to have been neglected or dependent within the purview of this article.
However, the religious rights of a parent, guardian, or legal custodian shall not limit the access of
a child to medical care in a life -threatening situation or when the condition will result in serious
disability. In order to make a determination as to whether the child is in a life -threatening
situation or that the child's condition will result in serious disability, the court may, as provided
under section 19 -1-104 (3), order a medical evaluation of the child. If the court determines, on
the basis of any relevant evidence before the court, including the medical evaluation ordered
pursuant to this section, that the child is in a life-threatening situation or that the child's condition
will result in serious disability, the court may, as provided under section 19 -1-104 (3), order that
medical treatment be provided for the child. A child whose parent, guardian, or legal custodian
inhibits or interferes with the provision of medical treatment in accordance with a court order
shall be considered to have been neglected or dependent for the purposes of this article and
injured or endangered for the purposes of section 18-6-401, C.R.S.
(2) A method of religious healing shall be presumed to be a recognized method of religious
healing if:
(a) (I) Fees and expenses incurred in connection with such treatment are permitted to be
deducted from taxable income as medical expenses pursuant to regulations or rules promulgated
by the United States internal revenue service; and
(II) Fees and expenses incurred in connection with such treatment are generally recognized
as reimbursable health -care expenses under medical policies of insurance issued by insurers
licensed by this state; or
(b) Such treatment provides a rate of success in maintaining health and treating disease or
injury that is equivalent to that of medical treatment.
(3) Refusing an immunization on the grounds of medical, religious, or personal belief
considerations, as set forth in section 25 -4-903, or opting to exclude immunization notification
information from the immunization tracking system established in section 25-4-2403 (7) by itself
Colorado Revised Statutes 2026
Title 19 - Children's Code
-521-
does not constitute child abuse or neglect by a parent or legal guardian for the purposes of this
article 3.
(4) (a) A person who performs or has performed an action that is lawful pursuant to section
18-18-434, article 170 of title 12, or article 50 of title 44 does not constitute child abuse or
neglect by a parent or legal guardian for purposes of this article 3, unless it threatens the health
or welfare of a child.
(b) The court shall not restrict or prohibit family time, or determine that family time is not in
the child's best interests, based solely on the fact that a person performs or has performed an
action that is lawful pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44,
unless the court finds that the child's safety or mental, emotional, or physical health is at risk as a
result of the family time.
Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 89: Entire section
amended, p. 924, § 1, effective June 7. L. 92: Entire section amended, p. 174, § 2, effective April
16. L. 93: (1) amended, p. 1637, § 23, effective July 1. L. 2020: (3) added, (HB 20 -1297), ch.
264, p. 1266, § 1, effective September 14. L. 2023: (4) added, (SB 23 -290), ch. 249, p. 1420, §
37, effective July 1.
Editor's note: (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 -1-114
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (4) is similar to former § 12-170-109 (3) as it existed prior to 2023.
ANNOTATION
Law reviews. For article, "Colorado's
Bold Move to Legalize Psychedelics", see
53 Colo. Law. 32 (July-Aug. 2024).
This section does not provide an
absolute defense to charges of child abuse
pursuant to § 18 -6-401. Treatment by
spiritual means was not a defense where
parents failed to obtain medical care
necessary to treat a child's life -threatening
condition. People v. Lybarger, 790 P.2d 855
(Colo. App. 1989).
19-3-104. Hearings - procedure.
Any hearing conducted pursuant to this article 3 in a county designated pursuant to section 19 -
1-123 regarding a child who is under six years of age at the time a petition is filed in accordance
Colorado Revised Statutes 2026
Title 19 - Children's Code
-522-
with section 19 -3-501 (2) must not be delayed or continued unless good cause is shown and
unless the court finds that the best interests of the child will be served by granting a delay or
continuance. Whenever any such delay or continuance is granted, the court shall set forth the
specific reasons necessitating the delay or continuance and shall schedule the matter within thirty
days after the date of granting the delay or continuance. If appropriate, in any hearing conducted
pursuant to this article 3 in a county designated pursuant to section 19 -1-123 regarding a child
who is under six years of age at the time a petition is filed in accordance with section 19 -3-501
(2), the court shall include all other children residing in the same household whose placement is
subject to determination pursuant to this article 3.
Source: L. 94: Entire section added, p. 2053, § 4, effective July 1. L. 2019: Entire section
amended, (HB 19-1219), ch. 237, p. 2355, § 5, effective August 2.
ANNOTATION
When basis for delay is apparent from
the record and parents did not object, trial
court's failure to make express findings that
there was good cause for delay not error.
People ex rel. T.E.H., 168 P.3d 5 (Colo. App.
2007); People ex rel. D.M., 186 P.3d 101
(Colo. App. 2008).
The statutory time in which to conduct
a termination hearing is not
jurisdictional; therefore, parents' failure to
raise the issue in the trial court precludes
relief on appeal. People ex rel. T.E.H., 168
P.3d 5 (Colo. App. 2007).
The juvenile court did not abuse its
discretion in holding a termination
hearing remotely via Webex and denying a
parent's motion for continuance because the
court provided substantially similar
procedures that would have been available
to a parent at an in -person termination
hearing. People in Interest of R.J.B., 2021
COA 4, 482 P.3d 519.
PART 2
GENERAL PROVISIONS
19-3-201. Venue.
(1) (a) Except as provided in subsection (1)(b) of this section, all proceedings brought
pursuant to this article 3 must be commenced in the county in which the child resides or is
present.
(b) A county department, guardian ad litem or counsel for youth, or other person filing a
petition for reinstatement of the parent -child legal relationship as set forth in section 19 -3-612
Colorado Revised Statutes 2026
Title 19 - Children's Code
-523-
must file the petition for the reinstatement of the parent -child legal relationship in the county or
city and county that has legal custody of the child.
(1.5) For purposes of determining proper venue, a child who is placed in the legal custody of
a county department shall be deemed for the entire period of placement to reside in the county in
which the child's legal parent or guardian resides or is located, even if the child is physically
residing in a foster care or residential facility located in another county. In such circumstance, if
a child is placed out of the home, the court shall not transfer venue pursuant to subsection (2) of
this section during the period of out -of-home placement to any county other than the county in
which the child's legal parent or guardian resides or is located.
(2) When proceedings are commenced pursuant to this article 3 in a county other than that of
the child's residence, the court in which proceedings were initiated may, on its own motion or on
the motion of any interested party, transfer the case to the court in the county where the child's
legal parent or guardian resides or is located unless any of the following circumstances exist:
(a) The transfer would be detrimental to the best interests of the child;
(b) Adjudication has not taken place and the case has not been continued pursuant to section
19-3-505 (5);
(c) The legal parent or guardian has a history of frequent moves unless there is evidence of
stability in the most recent move indicating an intent to remain in the new residence for six or
more months, such as the legal parent or guardian has signed a lease whose term is six or more
months;
(d) The case is likely to be closed within three to six months;
(e) The transfer will disrupt continuity or provisions of services; or
(f) The case is an expedited permanency planning case, unless the requirements of
subsection (3) of this section have been met. Pursuant to subsection (3) of this section, the
presumption that a transfer of the proceedings is not in the child's best interest has been rebutted
by a preponderance of the evidence.
(2.5) The county attorney of a county that files a motion to change venue pursuant to this
section shall immediately provide notice of the motion to the proposed receiving county. Upon
receipt of a motion to change venue, the court shall set a hearing to rule on the motion. The
requesting county attorney shall provide fourteen days written notice of the hearing to the office
of the county attorney in the proposed receiving county, who shall have a right to file responsive
pleadings and appear at the hearing.
(3) 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), it shall be presumed that
any transfer of proceedings pursuant to subsection (2) of this section without good cause shown
Colorado Revised Statutes 2026
Title 19 - Children's Code
-524-
that results in a delay in the judicial proceedings would be detrimental to the child's best
interests. Such presumption may be rebutted by a preponderance of the evidence.
(4) (a) An order granting a change of venue and transferring jurisdiction to the court in the
county in which the child resides shall be effective fifteen days after the transferring court signs
the order. Within thirty days after signing the order, the transferring court shall forward the court
file, including originals or certified copies of all documents and reports, to the receiving court.
(b) The order granting a change of venue and transferring jurisdiction must include:
(I) Notice to the receiving court of whether a respondent parent's counsel and the guardian ad
litem or counsel for youth appointed for the child will remain on the case. If a respondent
parent's counsel or the guardian ad litem or counsel for youth for the child will not remain on the
case, the order must inform the receiving court that the receiving court shall make a new
appointment of counsel or guardian ad litem or counsel for youth.
(II) Notice that the transferring court shall vacate any existing hearing date after the effective
date of the order.
(5) When venue is transferred, as set forth in subsection (2) of this section, the receiving
court shall proceed with the case as if the petition had been originally filed or adjudication had
been originally made in that court. The receiving court shall hold an initial hearing in the case
within thirty days after the effective date of the order granting a change of venue and transferring
jurisdiction to the receiving court.
(6) A motion for change of venue shall be made in writing and shall include a certification by
the moving party that the moving party has complied with all statutory requirements. The motion
for change of venue shall be mailed to all parties and attorneys of record in the case and to the
county attorney in the receiving county.
Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 94: (2) amended, p.
2053, § 5, effective July 1. L. 2010: Entire section amended, (HB 10-1359), ch. 223, p. 968, § 1,
effective September 1. L. 2014: (1) amended, (SB 14 -062), ch. 77, p. 315, § 2, effective August
6. L. 2016: (2) amended and (1.5) and (2.5) added, (HB 16 -1316), ch. 127, p. 362, § 1, effective
August 10. L. 2018: IP(2) and (2)(b) amended, (HB 18 -1257), ch. 197, p. 1291, § 1, effective
August 8. L. 2022: (1), IP(4)(b), and (4)(b)(I) amended, (HB 22 -1038), ch. 92, p. 440, § 21,
effective January 9, 2023.
Editor's note: 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 -1-105 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-525-
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This statute requires that actions be
filed in either the county of the child's
residence or in the county where the child
is present. In the absence of a waiver by the
parties, the trial court did not have discretion
to maintain the case in another county.
People in Interest of T.L.D., 809 P.2d 1120
(Colo. App. 1991).
Venue proper despite technical legal
residence elsewhere. When the proper
officer files a petition in dependency in the
county where the child is found and the
conditions alleged as constituting
dependency also exist therein, the venue of a
dependency action is in that county despite
technical legal residence elsewhere.
Peterson v. Schwartzmann, 116 Colo. 235,
179 P.2d 662 (1947).
19-3-201.5. Change of venue - county department and county attorney responsibilities -
rules.
(1) Each county department shall designate a change of venue coordinator to facilitate the
transfer of jurisdiction of a case between county departments.
(2) Within fifteen days after a court signs an order pursuant to section 19 -3-201 granting a
change of venue and transferring jurisdiction, the transferring county department shall:
(a) Provide written case information to the designated change of venue coordinator in the
receiving county, which information shall include, but need not be limited to, permanency goals,
target dates relating to the case, evaluations, a current family services plan, court reports, dates of
placement moves, the progress of the child in placement, all Title IV -E eligibility determinations
pursuant to the federal "Social Security Act", as amended, and recommendations for continuing
progress in the case;
(b) Update all documentation in the case file, including the record in the state automated
system;
(c) Provide information concerning, to the extent known, the physical location of the child's
parents, guardians, legal custodians, and relatives; and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-526-
(d) (I) Schedule a family engagement meeting involving all parties, county department
caseworkers and supervisors, and community providers; or
(II) Conduct a case staffing between county caseworkers and supervisors in the transferring
and receiving county departments; or
(III) Submit a written case transfer summary.
(3) Within fifteen days after a court signs an order pursuant to section 19 -3-201 granting a
change of venue and transferring jurisdiction, the transferring county attorney's office shall
forward a complete copy of the case file, excluding any confidential attorney -client
communications, to the county attorney's office in the receiving county.
(4) The state department shall promulgate, in accordance with the "State Administrative
Procedure Act", article 4 of title 24, C.R.S., any rules necessary for the effective transfer of case
responsibilities between county departments resulting from a change of venue pursuant to section
19-3-201.
Source: L. 2010: Entire section added, (HB 10 -1359), ch. 223, p. 969, § 2, effective
September 1.
Cross references: For Title IV-E of the federal "Social Security Act", see 42 U.S.C. § 670 et
seq.
19-3-202. Right to counsel and jury trial.
(1) At the first appearance of a respondent parent, guardian, or legal custodian, the court
shall fully advise the respondent of the respondent's legal rights, including the right to a jury
trial, the right to be represented by counsel at every stage of the proceedings, and the right to
seek the appointment of counsel through the office of respondent parents' counsel established in
section 13-92-103, if the respondent is unable to financially secure counsel on the respondent's
own. The court shall appoin t counsel for a respondent who is incarcerated in a department of
corrections facility, a private correctional facility under contract with the department of
corrections, or a jail; held in federal custody; or involuntarily committed, unless the court
determines the respondent is able to financially secure counsel on the respondent's own or the
respondent chooses to proceed without counsel. The court shall fully explain to the respondent
the informational notice of rights and remedies for families prepared pursuant to section 19 -3-
212 and shall recommend that the respondent discuss such notice with the respondent's counsel.
Further, the court shall advise the respondent of the minimum and maximum time frames for the
dependency and neglect process, including the minimum and maximum time frames for
Colorado Revised Statutes 2026
Title 19 - Children's Code
-527-
adjudication, disposition, and termination of parental rights for a child who is under six years of
age at the time the petition is filed in a county designated pursuant to section 19 -1-123. Nothing
in this section limits the power of the court to appoint counsel prior to the filing of a petition for
good cause.
(2) The petitioner, any respondent, the guardian ad litem for the child, or a child who is
twelve years of age or older may demand a trial by jury of six persons at the adjudicatory hearing
pursuant to section 19 -3-505, or the court, on its own motion, may order such a jury to try any
case at the adjudicatory hearing pursuant to section 19-3-505.
Source: L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 2003: (1) amended, p.
1226, § 3, effective August 6. L. 2014: (1) amended, (SB 14-203), ch. 281, p. 1141, § 2, effective
August 6. L. 2015: (1) amended, (HB 15-1149), ch. 116, p. 352, § 4, effective April 24. L. 2022:
(2) amended, (HB 22-1038), ch. 92, p. 434, § 8, effective January 9, 2023. L. 2023: (1) amended,
(SB 23-039), ch. 191, p. 953, § 3, effective January 1, 2024.
Editor's note: 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 -1-106 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022. For the legislative declaration in SB 23 -039, see section 1 of
chapter 191, Session Laws of Colorado 2023.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Parent has a statutory right to counsel
at a statutorily prescribed proceeding for
review of out -of-home placements of
children. People in Interest of J.B., 702 P.2d
753 (Colo. App. 1985).
Court erroneously denied father his
statutory right to counsel by effectively
dismissing counsel by entering a default
judgment against father without father being
present. The erroneous denial of father's
statutory right to counsel during a
substantial part of a parental rights
termination hearing constituted reversible
error per se under the circumstances
presented. People ex rel. R.D., 2012 COA
35, 277 P.3d 889.
The waiver of a statutory right to
counsel in a termination proceeding must
Colorado Revised Statutes 2026
Title 19 - Children's Code
-528-
be voluntary, but it does not need to be
knowing and intelligent. A person
impliedly waives a statutory right to counsel
through actions that clearly manifest an
intent to relinquish the right. People in
Interest of B.H., 2021 CO 39, 488 P.3d
1026.
A father who threatens to kill his first
court-appointed attorney and fails to
cooperate with his second court -appointed
attorney impliedly waives his right to
counsel. People in Interest of B.H., 2021 CO
39, 488 P.3d 1026.
Court must follow the prejudice test in
Strickland v. Washington, 466 U.S. 668
(1984), for ineffective assistance of
counsel claims in termination of parental
rights proceedings. To establish prejudice
from counsel's deficient performance in a
dependency and neglect proceeding, a party
must show that there is a reasonable
probability that, but for counsel's
unprofessional errors, the result of the
proceeding would have been different.
People in Interest of A.R., 2020 CO 10, 456
P.3d 1266; People in Interest of A.L.W, 2020
CO 11, 456 P.3d 1284.
Respondents in a proceeding to
terminate parental rights, having made a
prior demand, were entitled to a jury trial
at the adjudicatory hearing on remand.
People in Interest of M.B., 188 Colo. 370,
535 P.2d 192 (1975).
Respondent father waived his right to a
jury trial by failing to appear at first
proceeding and needed to positively assert
a demand for a jury trial in a subsequent
proceeding in the same case. People in Int.
of Kay.W., 2025 CO 48, 570 P.3d 1059.
Indigent parent is not entitled to
appointment of expert witness prior to
dependency and neglect hearing. People in
Interest of S.B., 742 P.2d 935 (Colo. App.
1987).
Parent was entitled to court -appointed
counsel at the remand and appellate
stages of the proceedings. Parent's right to
counsel in dependency and neglect
proceedings at the trial court level and on
appeal are statutory in nature. Father timely
requested counsel at both stages, and the
court determined that father was indigent.
Trial court erred in declining to appoint
counsel. People ex rel. A.H., 271 P.3d 1116
(Colo. App. 2011).
An appointed lawyer for an indigent
parent during dependency and neglect
proceedings cannot withdraw solely
because the lawyer determines the appeal
to be without merit. Rather the lawyer must
nonetheless file petitions on appeal in
accordance with appellate rules. A.L.L. v.
People, 226 P.3d 1054 (Colo. 2010).
Although father did not formally
request counsel, given his incarceration,
indigency, and inability to freely appear
before the court and attend to the litigation,
the juvenile court should have considered
father's communications — his petition for
appointment of a guardian ad litem — as a
request for the appointment of trial counsel
or, at the very least, asked if father wanted
counsel. In re R.L.S., 2019 COA 112, 451
P.3d 1249.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-529-
Failure to appoint counsel at initial
detention hearing of dependency and
neglect proceeding for mother who
declined to invoke right to counsel at such
hearing was not error requiring reversal of
termination of parental rights. People in
Interest of L.L., 715 P.2d 334 (Colo. 1986);
People in Interest of V .W., 958 P.2d 1132
(Colo. App. 1998).
A person seeking court -appointed
counsel bears the burden of establishing his
or her indigency. Waters v. Dist. Ct., 935
P.2d 981 (Colo. 1997).
The trial court abused its discretion
when it failed to consider any factors other
than whether a respondent was
automatically eligible under the guidelines
and made no findings of fact regarding the
point at which the respondent's indigency
status and eligibility changed. Waters v.
Dist. Ct., 935 P.2d 981 (Colo. 1997).
The court is required to consider the
respondent's complete financial
circumstances by allowing him an
opportunity to establish that he lacks the
necessary funds, on a practical basis, to
retain competent counsel. Waters v. Dist.
Ct., 935 P.2d 981 (Colo. 1997).
Attorney acting as court -appointed
counsel pursuant to a valid court order is
not required to submit evidence of the
client's indigency status with her motion for
payment of attorney fees and costs as
appointed counsel. Waters v. Dist. Ct., 935
P.2d 981 (Colo. 1997).
The trial court abused its discretion by
redetermining respondent's eligibility for
court appointed counsel and finding him
retroactively ineligible. The court could not
change respondent's status without allowing
him an opportunity to produce evidence of
his total financial circumstances including
his practical ability to retain competent
counsel. Waters v. Dist. Ct., 935 P.2d 981
(Colo. 1997).
In determining whether to authorize
payment of a fee in excess of established
maximum total fee, a judge should consider
whether special circumstances required
additional time be spent on the case,
including but not limited to a consideration
of whether the case required extensive legal
research or factual investigation. Waters v.
Dist. Ct., 935 P.2d 981 (Colo. 1997).
An order for payment of fees in excess
of the maximum must include a statement
of reasons setting forth the specific special
circumstances that justify the excess
amount. Waters v. Dist. Ct., 935 P.2d 981
(Colo. 1997).
Until the client is found to be ineligible,
a court -appointed attorney will be paid
by the state and that the client will be
required to reimburse the state if he
subsequently is found to be ineligible for
court-appointed counsel. Waters v. Dist. Ct.,
935 P.2d 981 (Colo. 1997).
In general, a court -appointed attorney
is to be awarded fees and costs at state
expense for services rendered from the
date of appointment to the date that the court
enters an order finding the defendant to be
ineligible. Waters v. Dist. Ct., 935 P.2d 981
(Colo. 1997).
However, the trial court retains
discretion to determine that the state will
Colorado Revised Statutes 2026
Title 19 - Children's Code
-530-
pay attorney fees and costs only up to the
time at which the client's indigency status
changed if the court makes specific
findings of fact regarding circumstances that
justify such a disposition such as fraud or
misrepresentation on the part of appointed
counsel. Waters v. Dist. Ct., 935 P.2d 981
(Colo. 1997).
If the trial court determines that a
person became ineligible at a previous
date, the court shall order that the person
reimburse the state in whole or in part for
the expenses and costs it incurred on that
person's behalf. Waters v. Dist. Ct., 935 P.2d
981 (Colo. 1997).
Costs may be awarded against the state
where there is an express legislative
provision for costs against the state or where
the state is in the position of a party litigant
against whom costs are otherwise
legislatively authorized to be awarded.
Waters v. Dist. Ct., 935 P.2d 981 (Colo.
1997).
Attorneys have standing to raise claims
in the context of other proceedings, even
though they are nonparties and other
procedural avenues may be available to
them to pursue their claims. People ex rel.
J.L., 121 P.3d 315 (Colo. App. 2005).
Attorney, therefore, has standing to raise
his or her claim that trial court erred by
denying his or her motion to be relieved of
appointment to represent mother. People ex
rel. J.L., 121 P.3d 315 (Colo. App. 2005).
In general, attorney fees are not
recoverable absent a specific contractual,
statutory, or procedural rule providing
otherwise. Waters v. Dist. Ct., 935 P.2d 981
(Colo. 1997).
And, even when attorney fees are
expressly authorized, the court has required
some indication of legislative intent to allow
such an award against the government.
Waters v. Dist. Ct., 935 P.2d 981 (Colo.
1997).
The right of a parent to be represented
by counsel "at every stage of the
proceedings" does not apply to the
department of human services'
administrative review, which does not
include a child's parents. Mother's due
process rights were protected by her
opportunity to challenge the department's
placement recommendation in court at a
motions hearing and a termination of rights
hearing, to which she did not avail herself.
People in Interest of C.J., 2017 COA 157,
410 P.3d 839.
The right to counsel does not apply to
interview with qualified expert witness
retained pursuant to the Indian Child
Welfare Act (ICWA). Mother did not have
a due process right to counsel during the
interview in dependency and neglect
proceedings. A party to a dependency and
neglect proceeding is not entitled to the
same due process rights as a defendant in a
criminal proceeding. People in Interest of
K.N.B.E., 2019 COA 157, 457 P.3d 140.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-531-
19-3-203. Right to guardian ad litem and counsel for youth.
(1) Upon the filing of a petition pursuant to section 19 -3-502 that alleges abuse or neglect of
a child, the court shall appoint a guardian ad litem for any child who is under twelve years of
age. The guardian ad litem must be an attorney -at-law licensed to practice in Colorado and
approved by the office of the child's representative created in section 13 -91-104. Nothing in this
section limits the power of the court to appoint a guardian ad litem prior to the filing of a petition
for good cause.
(2) Upon the filing of a petition pursuant to section 19 -3-502 that alleges abuse or neglect of
a child, the court shall appoint counsel for youth for any child or youth who is twelve years of
age or older. The counsel for youth must be an attorney -at-law licensed to practice in Colorado
and approved by the office of the child's representative created in section 13 -91-104. The court
may appoint the same attorney, as long as the attorney does not assert there is a conflict of
interest as defined under the applicable rules of professional conduct, to represent the best
interests of younger siblings who are under twelve years of age as a guardian ad litem and to
represent youth in the sibling group who are twelve years of age or older as a counsel for youth.
Until the court's jurisdiction is terminated, appointment of counsel for youth pursuant to this
section continues. A child's or youth's right to counsel may not be waived. Nothing in this section
limits the power of the court to appoint counsel for youth prior to the filing of a petition for good
cause.
(3) A guardian ad litem who is currently appointed to represent the best interests of a child or
youth pursuant to this section shall transition to client -directed counsel for youth immediately
upon a child's twelfth birthday and act in this role until either the case is dismissed or new
counsel is appointed, unless the court finds it necessary to appoint a guardian ad litem because
the child or youth has diminished capacity, in which case the guardian ad litem remains in that
role and the court shall appoint separate counsel for youth for the child. Counsel for youth shall
notify the court and parties of the change, and the court shall issue a new order of appointment
within seven days.
(4) The guardian ad litem or counsel for youth must be provided with all reports relevant to a
case submitted to or made by any agency or person pursuant to this article 3, including reports of
examination of the child or youth or persons responsible for the neglect or dependency of the
child or youth. The county department shall share with the guardian ad litem or the counsel for
youth the reports of fingerprint -based criminal history record checks from the Colorado bureau
of investigation and from the federal bureau of investigation if the court orders the county
department to share that information with the guardian ad litem or the counsel for youth. The
guardian ad litem or counsel for youth must have access to the child or youth and confidential
information regarding the child or youth, including but not limited to the child's or youth's
educational, medical, and mental health records; social service agency files; court records,
including court files involving allegations of abuse or neglect of the ch ild or youth; delinquency
Colorado Revised Statutes 2026
Title 19 - Children's Code
-532-
records involving the child or youth; and any other information regarding the child relevant to
the issues in the proceeding and reports that form the basis of recommendations made to the
court. This section does not confer an independent right to obtain a parent's information or
parent's records that are confidential or that are otherwise privileged under state or federal law.
The court and social workers assigned to the case shall keep the guardian ad litem or counsel for
youth apprised of significant developments in the case, particularly prior to further neglect or
dependency court appearances.
(5) The guardian ad litem is charged in general with the representation of the child's best
interests. To that end, the guardian ad litem shall make such further investigations as the guardian
ad litem deems necessary to ascertain the facts and shall talk with or observe the child involved,
examine and cross -examine witnesses in both the adjudicatory and dispositional hearings,
introduce and examine the guardian ad litem's own witnesses, make recommendations to the
court concerning the child's welfare, appeal matters to the court of appeals or the supreme court,
and participate further in the proceedings to the degree necessary to adequately represent the
child. In addition, the guardian ad litem, if in the best interest of the child, shall seek to assure
that reasonable efforts are being made to prevent unnecessary placement of the child out of the
home and to facilitate reunification of the child with the child's family or, if reunification is not
possible, to find another safe and permanent living arrangement for the child. In determining
whether said reasonable efforts are made with respect to a child, and in making such reasonable
efforts, the child's health and safety are the paramount concern.
(6) A person appointed to serve as counsel for youth pursuant to this section shall comply
with the Colorado rules of professional conduct, provisions set forth in a chief justice directive
concerning the court appointment of counsel for youth in this title 19, and subsequent chief
justice directives or practice standards established by rule or directive of the chief justice
pursuant to section 13 -91-105 concerning the duties and responsibilities of a guardian ad litem
and counsel for youth in legal matters affecting children or youth. Counsel for youth shall
participate fully in the proceedings to the degree necessary to represent the youth, including
appealing matters to the court of appeals or the supreme court.
(7) A guardian ad litem may be appointed for a child or youth twelve years of age or older if
necessary because the child or youth has diminished capacity. The court shall not consider age or
developmental maturity as the sole basis for an appointment of a guardian ad litem pursuant to
this section.
Source: L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 92: (1) amended, p. 224,
§ 9, effective July 1. L. 93: (3) amended, p. 2013, § 3, effective July 1. L. 98: (3) amended, p.
1417, § 3, effective July 1. L. 2001: (3) amended, p. 846, § 7, effective June 1. L. 2015: (1) and
(2) amended, (SB 15 -087), ch. 263, p. 1012, § 8, effective June 2. L. 2021: (4) and (5) added,
(HB 21-1094), ch. 340, p. 2215, § 4, effective June 25. L. 2022: (4) amended, (HB 22-1245), ch.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-533-
88, p. 418, § 3, effective August 10; entire section amended, (HB 22 -1038), ch. 92, p. 434, § 9,
effective January 9, 2023. L. 2026: (6) amended, (HB 26 -1227), ch. 269, p. 1528, § 2, effective
August 12.
Editor's note: (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 -3-105
and 19-10-113 as said sections existed in 1986, the year prior to the repeal and reenactment of
this title.
(2) Subsection (4) was amended in HB 22 -1245. Those amendments were superseded by the
amendment of this section in HB 22-1038, effective January 9, 2023.
Cross references: For the legislative declaration contained in the 2001 act amending
subsection (3), see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative
declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.
ANNOTATION
Law reviews. For article, "The Role of
Parents' Counsel in Dependency and Neglect
Proceedings — Part I", see 14 Colo. Law.
568 (1985). For article, "The Role of
Children's Counsel in Contested Child
Custody, Visitation and Support Cases", see
15 Colo. Law. 224 (1986). For Supreme
Court directive, see "Colorado Supreme
Court Issues a Directive on GALs in Cases
Under CRS Title 19", 25 Colo. Law. 17
(Mar. 1996). For article, "The Role of
Guardian ad Litem: Changes in the Wind",
see 27 Colo. Law. 73 (Nov. 1998). For
article, "Ethical Issues for Guardians ad
Litem Representing Children in Dependency
and Neglect Cases", see 31 Colo. Law. 43
(Oct. 2002). For article, "Report -Writing
Tips for Guardians ad Litem in Dependency
and Neglect Cases", see 31 Colo. Law. 87
(Oct. 2002). For casenote, "A Colorado
Child's Best Interests: Examining the
Gabriesheski Decision and Future Policy
Implications", see 85 U. Colo. L. Rev. 537
(2014). For article, "House Bill 22 -1038:
Colorado Continues its History of
Expanding Children's V oice and
Representation in D&N Proceedings", see
52 Colo. Law. 34 (Apr. 2023). For article,
"Disclosure and Discovery in Dependency
and Neglect Cases", see 54 Colo. Law. 44
(Jan.-Feb. 2025). For article, "Safeguarding
Children's V oices in Child Protective
Proceedings", see 102 Denv. L. Rev. 41
(2024).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The state is the exclusive party to file a
petition in dependency and neglect and a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-534-
guardian ad litem has no authority to assume
the role of the state. People in Interest of
R.E., 729 P.2d 1032 (Colo. App. 1986),
overruled in part in People in Interest of
R.M.P., 2025 CO 34, 569 P.3d 1202.
The state, in its role as parens patriae,
is the sole party that may prosecute
dependency and neglect proceedings.
Nothing in this code gives a guardian ad
litem or a counsel for youth authority to
prosecute a dependency and neglect petition.
People in Interest of R.M.P., 2025 CO 34,
569 P.3d 1202.
However, the trial court is not required
to dismiss a dependency and neglect
petition merely because the state chooses,
for any reason, not to pursue the
proceedings. People in Interest of R.E., 729
P.2d 1032 (Colo. App. 1986), overruled in
People in Interest of R.M.P., 2025 CO 34,
569 P.3d 1202, to the extent the R.E. opinion
allowed a non -state party to prosecute a
dependency and neglect petition when the
state has determined that doing so would not
be a valid exercise of its parens patriae
authority.
Dependency and neglect petition may
not be dismissed over the objection of the
guardian ad litem. People in Interest of
R.E., 729 P.2d 1032 (Colo. App. 1986),
overruled in People in Interest of R.M.P.,
2025 CO 34, 569 P.3d 1202, to the extent the
R.E. opinion allowed a non -state party to
prosecute a dependency and neglect petition
when the state has determined that doing so
would not be a valid exercise of its parens
patriae authority.
If there is such an objection, the trial court
must conduct a hearing and specifically
determine whether the petition is supported
by a preponderance of the evidence and the
child is in fact dependent and neglected.
That determination may be appealed by the
guardian ad litem. People in Interest of R.E.,
729 P.2d 1032 (Colo. App. 1986), overruled
in People in Interest of R.M.P., 2025 CO 34,
569 P.3d 1202, to the extent the R.E. opinion
allowed a non -state party to prosecute a
dependency and neglect petition when the
state has determined that doing so would not
be a valid exercise of its parens patriae
authority.
This section makes it clear that the
performance of the guardian ad litem's
duties is intended primarily to benefit the
child. People ex rel. D.L.C., 70 P.3d 584
(Colo. App. 2003).
Violation of the guardian ad litem's
duties does not interfere with a parent's
rights. People ex rel. D.L.C., 70 P.3d 584
(Colo. App. 2003).
Quasi-judicial immunity. A court
appointed guardian ad litem in service of the
public interest in the welfare of children is
entitled to absolute quasi -judicial immunity.
Short by Ossterhous v. Short, 730 F. Supp.
1307 (D. Colo. 1990).
Guardian ad litem is not required to
make a recommendation in a hearing
regarding the termination of parental
rights. People in Interest of M.W., 796 P.2d
66 (Colo. App. 1990).
Determination of whether a guardian
ad litem may be examined and cross -
examined depends on the manner in
Colorado Revised Statutes 2026
Title 19 - Children's Code
-535-
which the guardian chooses to proceed in
fulfilling the statutory requirements of the
position. If a guardian presents a
recommendation based on an independent
investigation, the facts of which have not
otherwise been introduced into evidence, the
guardian functions as a witness in the
proceedings and, thus, should be subject to
examination and cross-examination as to the
bases for the opinion and recommendation.
If the guardian's recommendations are based
upon the evidence received by the court
from other sources, then they are analogous
to arguments made by counsel and
examination and cross -examination should
not be permitted. Therefore, the trial court
did not err in limiting a mother's
examination of her children's guardian ad
litem during the hearing on terminating the
parent-child legal relationship where the
record demonstrated that the guardian had
chosen to examine the witnesses called by
others and to present his recommendations
in the form of legal argument based upon the
facts and opinions testified to by others.
People in Interest of J.E.B., 854 P.2d 1372
(Colo. App. 1993).
Grandparent who was allowed to
intervene in dependency and neglect case
was not entitled to be treated as the
child's representative. When the state, the
guardian ad litem, and the father agreed to
dismiss the petition over grandmother's
objection, the court was not required to hold
an evidentiary hearing before granting the
dismissal. People in Interest of G.S., 820
P.2d 1178 (Colo. App. 1991).
Evaluation of mother's relationship
with her children not privileged under
attorney-client privilege since mother
requested court to appoint the psychologist.
Subsection (2) requires the psychologist's
reports be disclosed to the children and the
children's guardian and prevented the
privilege from attaching. People in Interest
of O.J.S., 844 P.2d 1230 (Colo. App. 1992).
19-3-204. Temporary protective custody. (Repealed)
Source: L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 90: Entire section
repealed, p. 1037, § 6, effective April 3.
19-3-205. Continuing jurisdiction.
(1) Except as otherwise provided in this article 3, the jurisdiction of the court over any child
or youth adjudicated as neglected or dependent shall continue until the child or youth becomes
eighteen and one-half years of age unless earlier terminated by court order; except that:
(a) If a determination is pending or the youth has been determined to be an incapacitated
person pursuant to section 15-14-102, then jurisdiction continues until either the youth has made
a complete transition into adult disability services and it is in the youth's best interests for the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-536-
juvenile court to terminate jurisdiction or the youth reaches twenty -one years of age or such
greater age of foster care eligibility as required by federal law, whichever comes first;
(b) If a youth is making the transition to adult services pursuant to section 25.5 -6-409.5, then
the court may extend jurisdiction until such transition is complete; or
(c) Jurisdiction pursuant to this section is not required to be terminated due to age before
October 1, 2021.
(2) Repealed.
(3) An eligible youth has the right to choose whether to participate in the foster youth in
transition program created in section 19-7-303.
(4) (a) If a youth who is sixteen years of age or older but less than eighteen years of age and
who is in the custody of a county department runs away, and the youth's whereabouts have been
unknown for more than ninety days, then the county department may file a motion to terminate
jurisdiction.
(b) The court shall set a hearing no later than thirty -five days after the county department
files the motion to determine whether the county department has made reasonable efforts to
locate the youth prior to terminating jurisdiction. The hearing may be waived upon stipulation by
all parties.
(c) The motion must be withdrawn and the hearing may be vacated or converted to a review
hearing if the youth returns.
Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1. L. 2011: Entire section
amended, (HB 11-1079), ch. 83, p. 226, § 8, effective August 10. L. 2017: (2)(a)(II) amended,
(SB 17-294), ch. 264, p. 1394, § 41, effective May 25. L. 2021: (1) amended and (3) and (4)
added, (HB 21-1094), ch. 340, p. 2216, § 5, effective June 25. L. 2022: IP(1) amended, (SB 22-
212), ch. 421, p. 2973, § 41, effective August 10; (2) repealed, (HB 22-1245), ch. 88, p. 418, § 4,
effective August 10.
Editor's note: (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 -3-118
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) The provisions of subsection (2) in House Bill 11 -1079 have been relettered and
renumbered on revision for ease of location.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-537-
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Age is a jurisdictional prerequisite both
at the filing of a petition and at the time of
adjudication. In a case where the child was
just shy of 18 at the time the dependency
and neglect petition was filed but turned 18
before the hearing, the juvenile court lost
subject matter jurisdiction by the time of the
original hearing. Continuing jurisdiction
under this section cannot be conferred if the
court never had the proper subject matter
jurisdiction for the original adjudication
under § 19 -3-501. People in Interest of
M.C.S., 2014 COA 46, 327 P.3d 360.
Jurisdiction not affected by removing
case from docket. A trial court order
removing a parental rights termination case
from the docket of cases maintained by the
court did not affect the court's continuing
statutory jurisdiction over the child
involved. People in Interest of T.A.F. v. B.F.,
624 P.2d 349 (Colo. App. 1980).
Whether good cause exists to retain
jurisdiction is within the juvenile court's
discretion and this determination is
necessarily made on a case -by-case basis,
after careful consideration of all the
circumstances of the case. People in Interest
of J.L.P., 870 P.2d 1252 (Colo. App. 1994).
Losing continuing jurisdiction requires
another state to attempt to acquire
jurisdiction from this state's court.
Because the court in another state did not
seek to exercise jurisdiction under the
Uniform Child -custody Jurisdiction and
Enforcement Act and termination of parental
rights is not a new child-custody proceeding,
the court here maintained its exclusive,
continuing jurisdiction under subsection (1).
People in Interest of E.W., 2022 COA 12,
508 P.3d 256, aff'd, 2022 CO 51, 523 P.3d
422.
Juvenile court properly transferred
jurisdiction to the Oglala Sioux Tribe
since, even for an Indian child who lives off
reservation, the tribal court is still the
preferred jurisdiction under the federal
Indian Child Welfare Act absent a showing
of good cause to the contrary. People in
Interest of J.L.P., 870 P.2d 1252 (Colo. App.
1994).
Transfer of jurisdiction to tribal court
was not improper where the juvenile court
did not abuse its discretion in finding that
the motion to transfer jurisdiction was
timely and that no undue hardship would
result if the Tribe obtained jurisdiction, and
without consideration of the elements of the
best interests of child set forth in § 14 -10-
124. People in Interest of J.L.P., 870 P.2d
1252 (Colo. App. 1994).
No error in juvenile court's failure to
hold a hearing before determining
whether good cause existed to retain
jurisdiction where all parties participated in
preliminary arguments and briefing on this
issue and none of the parties objected to trial
court's oral and written orders indicating its
reservation of the right to rule on the issue
without further hearings. People in Interest
of J.L.P., 870 P.2d 1252 (Colo. App. 1994).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-538-
An order denying termination of the
parent-child legal relationship does not
"completely determine the rights of the
parties involved" and is interlocutory in
nature; therefore, such an order is not final
and appealable. People in Interest of D.B.,
855 P.2d 27 (Colo. App. 1993).
When a child has been adjudicated
dependent or neglected, all matters
related to that child's status must be
addressed through the open dependency
and neglect case. The dependency and
neglect court maintains continuing,
exclusive jurisdiction over any such child.
People in Interest of E.M., 2016 COA 38M,
417 P.3d 843, aff'd sub nom. People in
Interest of L.M., 2018 CO 34, 416 P.3d 875;
People in Interest of D.C.C., 2018 COA 98,
486 P.3d 1183.
A county department of human services
seeking to terminate through article 5,
relinquishment and adoption, an
incarcerated father's parental rights to
children who had been adjudicated as
dependent and neglected was required to
proceed instead through the laws and courts
created for this article 3, dependency and
neglect. People in Interest of E.M., 2016
COA 38M, 417 P.3d 843, aff'd sub nom.
People in Interest of L.M., 2018 CO 34, 416
P.3d 875.
When a court declares a child dependent
or neglected in a case filed under this article
3, a court presiding over a separate
parentage proceeding under article 4 loses
jurisdiction to determine that child's
parentage. All matters pertaining to the
child's status must be addressed in the open
dependency and neglect case. People in
Interest of D.C.C., 2018 COA 98, 486 P.3d
1183.
19-3-206. Representation of petitioner.
In all proceedings brought under this article, the petitioner shall be represented by a county
attorney, special county attorney, or city attorney of a city and county.
Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1.
Editor's note: 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 -1-106 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-539-
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Failure of attorney representing county
department of social services to sign
verified dependency petition held to be
harmless. People in Interest of A.M., 786
P.2d 476 (Colo. App. 1989).
Sections 19-3-206 and 19-3-207 must be
read in pari materia because they are part
of the same code and apply to the same
subject. H.B. v. Lake County Distr. Court,
819 P.2d 499 (Colo. 1991).
Under this section, a district attorney is
not authorized to prosecute proceedings
under this article. H.B. v. Lake County
Distr. Court, 819 P.2d 499 (Colo. 1991).
Criminal prosecutions for violations of
§ 19-3-304 do not constitute "proceedings
brought under this article" within the
meaning of this section. Therefore, this
section does not divest district attorneys of
their authority to prosecute violations of §
19-3-304. Berges v. County Court of
Douglas County, 2016 COA 146, 409 P.3d
592.
Allowing a district attorney to be
appointed as a special county attorney
would lead to the absurd result under § 19-3-
207 of the district attorney arguing in favor
of, and objecting to, the same motion. The
court will not interpret statutes so as to lead
to an absurd result. H.B. v. Lake County
Distr. Court, 819 P.2d 499 (Colo. 1991).
19-3-207. Inadmissibility of certain evidence.
(1) Upon the request of the county attorney, special county attorney, or the city attorney of a
city and county, the court shall set a hearing to determine the admissibility in a subsequent
criminal proceeding arising from the same episode of information derived directly from
testimony obtained pursuant to compulsory process in a proceeding under this article. The
district attorney of the judicial district in which the matter is being heard shall be given five days'
written notice of the hearing by the clerk of the court. Such hearing shall be held in camera, and
the district attorney shall have the right to appear at the hearing and to object to the entry of the
order holding such information inadmissible. The court shall not enter such an order if the
district attorney presents prima facie evidence that the inadmissibility of such information would
substantially impair his or her ability to prosecute the criminal case. The provisions of this
subsection (1) shall not be construed to prevent any law enforcement officer from independently
producing or obtaining the same or similar facts, information, or evidence for use in any criminal
prosecution.
(2) No professional shall be examined in any criminal case without the consent of the
respondent as to statements made pursuant to compliance with court treatment orders, including
protective orders, entered under this article; except that such privilege shall not apply to any
discussion of any future misconduct or of any other past misconduct unrelated to the allegations
Colorado Revised Statutes 2026
Title 19 - Children's Code
-540-
involved in the treatment plan. The admissibility of testimony as set forth in this subsection (2)
shall not be subject to the hearing and notice provisions of subsection (1) of this section.
(2.5) Notwithstanding any other provision of law to the contrary, a juvenile's statements to a
professional made in the course of treatment ordered by the court pursuant to this article shall
not, without the juvenile's consent, be admitted into evidence in any criminal or juvenile
delinquency case brought against the juvenile; except that the privilege shall not apply to
statements regarding future misconduct.
(3) No admission made by a respondent in open court or by written pleading filed with the
court to a petition in dependency or neglect may be used against him or her in any criminal
prosecution, except for purposes of impeachment or rebuttal.
Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1. L. 90: (2) amended, p.
1037, § 4, effective April 3. L. 97: Entire section amended, p. 518, § 5, effective July 1. L. 2004:
(2.5) added, p. 274, § 1, effective April 5.
ANNOTATION
Sections 19-3-206 and 19-3-207 must be
read in pari materia because they are part
of the same code and apply to the same
subject. H.B. v. Lake County Distr. Court,
819 P.2d 499 (Colo. 1991).
Subsection (2) provides a privilege for
statements made by a parent to a treating
professional and therefore cannot be used
for any purpose in a related criminal case.
Therefore, any statements made by
defendant father in course of sex abuse and
domestic violence evaluation are privileged;
thus his participation in the evaluation does
not implicate his fifth amendment privilege
against self -incrimination. People ex rel.
I.L., 176 P.3d 878 (Colo. App. 2007).
Trial court erred in precluding social
worker's testimony as to mother's
statements in case involving stepfather.
Because trial court apparently understood
this section to bar the examination of the
social worker in stepfather's criminal case as
long as social worker qualified as a
professional involved in the dependency and
neglect proceeding, it failed to make
sufficient findings to satisfy the additional
statutory requirement that the statements at
issue be ones made in compliance with court
treatment orders or demonstrate the
applicability of § 13 -90-107, which is
limited by its own terms to communications
made by a client in the course of
professional employment or psychotherapy.
People v. Gabriesheski, 262 P.3d 653 (Colo.
2011).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-541-
19-3-208. Services - county required to provide - out-of-home placement options - rules
- definitions.
(1) Each county or city and county shall provide a set of services, as defined in subsection
(2) of this section, to children who are in out -of-home placement or meet the social services out -
of-home placement criteria and to their families in the state of Colorado eligible for such services
as determined necessary by an assessment and a case plan. A county or city and county may enter
into an agreement with any other county, city and county, or group of counties to share in the
provision of these services. Each county, city and county, or group of counties may enter into
contracts with private entities for the provision of these services. Each county or city and county
shall have a process in place whereby services can readily be accessed by children and families
determined to be in need of such services described in subsection (2) of this section. For the
purposes of this subsection (1), the requirements of providing services or a process shall be made
available based upon the state's capacity to increase federal funding or any other moneys
appropriated for these services.
(1.5) As used in this section, unless the context otherwise requires:
(a) "School of origin" has the same meaning as provided in section 22-32-138.
(b) "Student in out-of-home placement" has the same meaning as provided in section 22 -32-
138.
(2) (a) "Services" shall be designed to accomplish the following goals:
(I) Promote the immediate health, safety, and well -being of children eligible for these
services based upon the case assessment and individual case plan;
(II) Reduce the risk of future maltreatment of children who have previously been abused or
neglected and protect the siblings of such children and other children who are members of the
same household who may be subjected to maltreatment;
(III) Avoid the unnecessary placement of children into foster care resulting from child abuse
and neglect, voluntary decisions by families, or the commission of status offenses;
(IV) Facilitate, if appropriate, the speedy reunification of parents with any of their children
who have been placed in out-of-home placement;
(V) Ensure that the placement of a child is neither delayed nor denied due to consideration of
the race, color, or national origin of the child or any other person unless such consideration is
permitted pursuant to federal law; and
(VI) Promote the best interests of the child.
(b) The following services must be available and provided, as determined necessary and
appropriate by individual case plans:
Colorado Revised Statutes 2026
Title 19 - Children's Code
-542-
(I) Screening; assessments, including those required by the federal "Family First Prevention
Services Act" of 2018, Titles IV -B and IV-E of the federal "Social Security Act", as amended;
and individual case plans;
(II) Home-based family and crisis counseling;
(III) Information and referral services to available public and private assistance resources;
(IV) Family time services for parents with children or youth in out-of-home placement;
(V) Placement services including foster care and emergency shelter; and
(VI) Services including but not limited to transportation and case planning, as necessary for
a student in out -of-home placement to remain in his or her school of origin, unless the county
department determines that remaining in the school of origin is not in the student's best interest.
(c) (Deleted by amendment, L. 94, p. 1054, § 4, effective May 4, 1994.)
(d) The following services must be made available and provided based upon the state's
capacity to increase federal funding or any other money appropriated for these services and as
determined necessary and appropriate by individual case plans:
(I) Transportation to these services when other appropriate transportation is not available;
(II) Child care as needed according to a case plan, when other child care is not available;
(III) In-home supportive homemaker services;
(IV) Diagnostic, mental health, and health-care services;
(V) Drug and alcohol treatment services;
(VI) After care services to prevent a return to out-of-home placement;
(VII) Family support services while a child is in out -of-home placement including home -
based services, family counseling, and placement alternative services;
(VIII) Financial services in order to prevent placement;
(IX) Family preservation services, which are brief, comprehensive, and intensive services
provided to prevent the out -of-home placement of children or to promote the safe return of
children to the home; and
(X) Foster care prevention services.
(d.5) On or before January 1, 2022, the department of human services, in cooperation with
county departments of human or social services, shall analyze necessary data to assess and
determine the number of placements necessary for each level of care for children or youth who
are in out-of-home placements.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(d.7) On or before July 1, 2022, the department of human services, in consultation with the
department of health care policy and financing, shall develop and implement a plan to build
capacity and develop appropriate and available out -of-home placement options for each
necessary level of care in the state in order to serve the number of children and youth who
require a given level of care.
(e) The department of human services may promulgate such rules and regulations as are
necessary to implement the provision of services pursuant to this article.
(f) It is the intent of the general assembly to use existing general fund moneys which have
serviced the programs described in this subsection (2) to access federal funds.
(g) Services provided pursuant to this section are required to meet the provisions of the
federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related
amendments and implementing regulations.
(h) Services provided pursuant to this section must meet the provisions of Title VI of the
federal "Civil Rights Act of 1964", and its related amendments and implementing regulations,
regardless of whether the services are provided by a county department, city and county, or
private-entity contractor. A county department, city and county, or private -entity contractor shall
take reasonable steps to ensure meaningful language access to a person with limited English
proficiency. The language access must be provided in a timely manner and without unreasonable
delay. A county department or a city and county shall provide services under the supervision of
and with the support of the state department of human services pursuant to section 26-1-111.
(3) (a) The state board of human services shall promulgate rules creating a standard and
deliberate process for determining, in coordination with the education provider, parents, if
appropriate, guardian ad litem or counsel for youth, and the child, whether it is in the best
interest of a child in out -of-home placement to remain in the child's school of origin when the
child is placed in out-of-home placement or experiences a change in placement.
(b) Each county department of human or social services shall coordinate with school districts
and the state charter school institute to establish systems -level plans for how necessary
transportation to a school of origin will be provided, arranged, and funded for the duration of a
child or youth's time as a student in out -of-home placement, including the equitable allocation of
costs.
(c) The department of human services shall provide technical assistance and compliance
monitoring for the county departments of human or social services to ensure that county
departments of human or social services are properly implementing this subsection (3), including
administering funds to allow students in out -of-home placement to remain in their schools of
origin, with transportation provided.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(d) Any state funds expended pursuant to this section for children eligible under Title IV-E of
the federal "Social Security Act", as amended, shall be counted to satisfy matching requirements
for federal funds received pursuant to that act.
(e) The department shall convene a working group within six months after April 25, 2023,
including the department of education, county departments of human or social services,
representatives from the special education directors, and other appropriate school district
representatives, to identify issues related to foster youth education, transportation, and stability,
as described in this subsection (3), and together, prior to the 2025 regular legislative session,
develop written recommendations to the general assembly regarding any regulatory or statutory
changes that may be required.
Source: L. 93: Entire section added, p. 2014, § 4, effective July 1. L. 94: (1), (2)(c), and
IP(2)(d) amended, p. 1054, § 4, effective May 4; (2)(a) amended, p. 672, § 1, effective July 1;
(2)(e) amended, p. 2682, § 197, effective July 1. L. 2008: (2)(a)(I) amended, p. 812, § 1,
effective May 14. L. 2010: (2)(a)(V) amended, (HB 10 -1106), ch. 278, p. 1274, § 5, effective
May 26. L. 2018: (2)(g) added, (HB 18-1104), ch. 164, p. 1134, § 6, effective April 25; IP(2)(b)
and (2)(b)(I) amended, (SB 18 -254), ch. 216, p. 1373, § 1, effective May 18; (1.5), (2)(b)(VI),
and (3) added and IP(2)(b), (2)(b)(IV), and (2)(b)(V) amended, (HB 18 -1306), ch. 364, p. 2181,
§ 4, effective August 8. L. 2019: IP(2)(d), (2)(d)(VIII), and (2)(d)(IX) amended and (2)(d)(X)
added, (HB 19 -1308), ch. 256, p. 2460, § 5, effective August 2. L. 2021: (2)(d.5) and (2)(d.7)
added, (SB 21-278), ch. 344, p. 2241, § 2, effective June 25. L. 2022: (3)(a) amended, (HB 22 -
1038), ch. 92, p. 441, § 22, effective January 9, 2023. L. 2023: (3)(e) added, (HB 23 -1089), ch.
112, p. 402, § 3, effective April 25; (2)(b)(IV) amended, (HB 23 -1027), ch. 284, pp. 1677, 1682,
§§ 3, 13, effective June 1. L. 2024: (2)(h) added, (HB 24 -1031), ch. 327, p. 2213, § 2, effective
August 7; (3)(e) amended, (HB 24 -1222), ch. 155, p. 688, § 6, effective August 7. L. 2025:
(2)(h) amended, (SB 25-300), ch. 428, p. 2446, § 19, effective August 6.
Editor's note: Amendments to subsection IP(2)(b) by SB 18 -254 and HB 18 -1306 were
harmonized.
Cross references: (1) For the legislative declaration in HB 18 -1306, see section 1 of chapter
364, Session Laws of Colorado 2018. For the legislative declaration in HB 22 -1038, see section
1 of chapter 92, Session Laws of Colorado 2022. For the legislative declaration in HB 23 -1027,
see section 1 of chapter 284, Session Laws of Colorado 2023.
(2) For Title IV-B of the "Social Security Act", see 42 U.S.C. § 621 et seq. For Title IV -E of
the "Social Security Act", see 42 U.S.C. § 670 et seq.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-545-
ANNOTATION
Law reviews. For comment, "People ex
rel. K.C. V . K.C.: ICWA Is for All Native
Children", see 100 Denv. L. Rev. 465
(2023).
Absent safety concerns, a parent is
entitled to face -to-face visitation, and
correspondence between parents and
children does not constitute visitation.
People ex rel. D.G., 140 P.3d 299 (Colo.
App. 2006).
When a juvenile court restricts family
time to a therapeutic setting, a county
department of human or social services can
still meet its requirement to make available
and provide family time services for parents
with children in out -of-home placements.
People in Interest of E.D., 2025 COA 11,
566 P.3d 1011.
In this case, a county department of
human or social services made available and
provided appropriate therapeutic family time
services to a mother and child even though
the services did not result in face -to-face
contact. An in -person meeting with the
mother would have caused additional risks
to the child's health and safety. People in
Interest of E.D., 2025 COA 11, 566 P.3d
1011.
A department may not adopt blanket
policy barring parental visitation without
consideration of child's health and safety.
Father's outstanding warrants did not pose
threat to children's health and safety;
therefore, denying father visitation rights
until he cleared warrants was improper.
People in Interest of E.S., 2021 COA 79,
494 P.3d 1142.
Trial court may not delegate the
determination of entitlement to visitation
to caseworkers, therapists, and others.
People ex rel. D.G., 140 P.3d 299 (Colo.
App. 2006).
Applied in People ex rel. T.D., 140 P.3d
205 (Colo. App. 2006); People in Interest of
S.K., 2019 COA 36, 440 P.3d 1240.
19-3-208.5. Pilot program - legislative declaration - child welfare - mental health
services - rules - repeal. (Repealed)
Source: L. 2008: Entire section added, p. 812, § 2, effective May 14. L. 2009: (4), (5), (8),
and (9) amended, (SB 09 -207), ch. 8, p. 60, § 1, effective March 2. L. 2018: (8) amended, (SB
18-164), ch. 37, p. 394, § 2, effective August 8.
Editor's note: Subsection (9) provided for the repeal of this section, effective July 1, 2019.
(See L. 2009, p. 60.)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-546-
Cross references: For the legislative declaration in SB 18 -164, see section 1 of chapter 37,
Session Laws of Colorado 2018.
19-3-209. Individual case plan - required.
An individual case plan, developed with the input or participation of the family, is required to
be in place for all abused and neglected children and the families of such children in each case
which is opened for the provision of services beyond the investigation of the report of child
abuse or neglect, regardless of whether the child or children involved are placed out of the home
or under court supervision.
Source: L. 93: Entire section added, p. 2014, § 4, effective July 1.
19-3-210. Foster parents' bill of rights study - task force created - principles to be
examined - report. (Repealed)
Source: L. 93: Entire section added, p. 1246, § 1, effective June 6. L. 94: (1) and (4)
amended, p. 2682, § 198, effective July 1. L. 96: Entire section repealed, p. 1249, § 124,
effective August 7.
Cross references: For the legislative declaration contained in the 1996 act repealing this
section, see section 1 of chapter 237, Session Laws of Colorado 1996.
19-3-210.5. Foster parents' bill of rights.
(1) A foster parent has the right to:
(a) Be treated with dignity, respect, and consideration as a team member who is making
important contributions to the objectives of the child welfare system, including the reunification
of the foster child or youth with the foster child's or youth's parents or family members,
whenever safely possible;
(b) Promote the reasonable and prudent parent standard for the child or youth and the
continuance of positive family patterns and routines to the extent possible without interfering
with court-ordered family time or services required pursuant to section 19-3-208;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-547-
(c) Receive training and support from the state department or county department of human or
social services to improve the foster parent's skills in providing daily care and meeting the
special needs or disability-related needs of a child or youth in the foster parent's care;
(d) Be informed by the child placement agency and county department of human or social
services about how to reach after-hours contacts;
(e) Receive timely financial reimbursement for the foster parent's care of a child or youth;
(f) Take leave from foster parenting by planning ahead with the foster parent's child
placement agency or county department of human or social services to ensure that the needs of
the child or youth in the foster parent's home are met during the foster parent's leave if the foster
parent's leave will be longer than that allowed through respite;
(g) Assurances with respect to the foster parent's family's health or safety;
(h) Be provided a clear and understandable description of a child placement agency's plan
concerning the placement of a child or youth in the foster parent's home;
(i) (I) Request only the information that is necessary to meet the foster child's or youth's
physical, mental, emotional, behavioral, or other identified trauma -related needs pursuant to
section 19-1-303 (11), including:
(A) Relevant portions of the foster child's or youth's mental health and medical records,
subject to any privilege or confidentiality standard recognized or governed by state or federal
law;
(B) Relevant portions of the foster child's or youth's educational records, subject to any
privilege or confidentiality standard recognized or governed by state or federal law;
(C) Relevant information in the family services plan to ensure the safety, permanency, and
well-being of the foster child or youth, including any safety issues that impact the foster parent's
ability to parent the foster child or youth;
(D) Relevant information about the circumstances related to the removal of the foster child
or youth from the foster child's or youth's home, subject to any privilege or confidentiality
standard recognized or governed by state or federal law; and
(E) Relevant information concerning child or youth placement history, including safety
concerns and reasons for unplanned placement moves, subject to any privilege or confidentiality
standard recognized or governed by state or federal law.
(II) The foster parent shall maintain the confidentiality of any information obtained pursuant
to section 19-1-303 (11).
(j) Reasonable notice of any change in a child's or youth's case plan or of plans to terminate
the placement of the child or youth with the foster parent and the reasons for the change or
Colorado Revised Statutes 2026
Title 19 - Children's Code
-548-
termination of placement. The right to reasonable notice does not confer a right to object to the
child's or youth's case plan or plans to terminate the placement.
(k) Upon request, be advised by the county department of human or social services as to the
date and time of any court proceeding, the name of the judge or magistrate assigned to the case,
and the court's docket number for the foster child or youth in the foster parent's placement that
the case pertains to;
(l) Be notified when a foster child or youth who a foster parent previously cared for reenters
the foster care system; except that the consideration is not a legal presumption in favor of the
foster parent fostering the child or youth again and must be consistent with the best interest of
the child or youth; and
(m) Have access to the existing grievance process with the appropriate licensing authority
and, as part of such process, file a grievance if any of the foster parent's rights have been violated
or denied.
(2) Respondent parents are entitled to receive any information or records provided to a foster
parent pursuant to this section unless a court orders the information or records restricted due to
the health or welfare of the child or youth.
(3) The rights enumerated in subsection (1) of this section do not apply to a foster parent
who jeopardizes the safety of a child or youth or a foster parent against whom criminal charges
have been filed for child abuse, as specified in section 18 -6-401, an unlawful sexual offense, as
defined in section 18-3-411, or any felony.
Source: L. 2022: Entire section added, (HB 22 -1231), ch. 151, p. 966, § 1, effective August
10. L. 2023: (1)(b) amended, (HB 23-1027), ch. 284, p. 1682, § 14, effective June 1.
Cross references: For the legislative declaration in HB 23 -1027, see section 1 of chapter 284,
Session Laws of Colorado 2023.
19-3-211. Conflict resolution process - rules - definitions.
(1) (a) The state department, in conjunction with the attorney general, shall adopt rules
concerning the statewide implementation of a conflict resolution process in each county and city
and county pursuant to the provisions of this section. The purpose of such conflict resolution
process is to provide a forum for grievances concerning the conduct of county department
personnel in performing their duties pursuant to this article.
(b) Repealed.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-549-
(c) The conflict resolution process must provide for the resolution of grievances as follows:
(I) Transmittal of all grievances to the county child welfare director for internal resolution by
the county department within ten working days after receipt of the grievance;
(II) Closure of the grievance and issuance of a written final decision within thirty -five days
of receipt of the grievance if the county department has resolved the grievance to the
complainant's satisfaction;
(III) Referral of the grievance to the office of the child protection ombudsman upon the
request of the complainant if the county department has not resolved the grievance to the
complainant's satisfaction;
(IV) Review by the office of the child protection ombudsman in accordance with section 19 -
3.3-103;
(V) to (VII) Repealed.
(d) to (h) Repealed.
(2) and (3) Repealed.
(4) Each county department shall post information about the grievance process on the county
department's public -facing website or otherwise provide information concerning the grievance
process to individuals involved in the county child welfare system. The state department shall
promulgate rules governing the procedures for processing grievances, for determining if a
grievance is within the scope of the conflict resolution process, and for receiving additional
information from the complainant and the subject of the grievance.
(5) (a) Nothing in this section prevents a complainant from making a complaint directly to
the office of the child protection ombudsman.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (5), a county
department shall not be precluded from presenting any relevant evidence in a pending civil or
criminal investigation or proceeding that the county department has obtained in the course of
fulfilling its duties in the conflict resolution process pursuant to the provisions of this section.
(c) A county department is not precluded from presenting any relevant evidence in a pending
civil or criminal investigation or proceeding that the county department has obtained in the
course of fulfilling its duties in the conflict resolution process pursuant to this section.
Source: L. 94: Entire section added, p. 2081, § 1, effective June 3. L. 96: (6) repealed, p. 85, §
11, effective March 20; (2)(h) repealed, p. 1247, § 118, effective August 7. L. 97: Entire section
R&RE, p. 1434, § 9, effective July 1. L. 2004: (1)(a) and IP(4) amended, p. 194, § 8, effective
August 4. L. 2023: (1)(b), (1)(c)(V), (1)(c)(VI), (1)(c)(VII), (1)(d), (1)(e), (1)(f), (1)(g), (1)(h),
Colorado Revised Statutes 2026
Title 19 - Children's Code
-550-
(2), and (3) repealed, IP(1)(c), (1)(c)(I), (1)(c)(II), (1)(c)(III), (1)(c)(IV), (4), and (5)(a) amended,
and (5)(c) added, (SB 23-210), ch. 251, p. 1427, § 2, effective May 24.
19-3-212. Notice of rights and remedies for families.
(1) The state department shall prepare, with the assistance of the attorney general, on a
standardized written form, a detailed informational notice of rights and remedies for families
subject to the provisions of this article.
(2) The notice prepared pursuant to subsection (1) of this section shall be supplied to all
social service and law enforcement agencies in the state and shall be delivered to all parents and
families from whom children are removed under court order or by law enforcement personnel,
along with a copy of the court order directing removal of the child or children from the home. In
addition to the notification on the court order, the informational notice shall contain a statement
as to the cause of the removal of the child or children. The notice shall also contain disclosure of
the availability of the conflict resolution process to persons who are the subject of any child
abuse or neglect report and to the parents, Indian custodians, guardian, or legal custodian of a
child who is the subject of any child abuse or neglect report. The standardized written notice
form prepared pursuant to subsection (1) of this section shall also include a notification of rights
of the parents, Indian custodians, guardians, or legal custodians of Indian children under the
federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq.
(3) The notice prepared pursuant to subsection (1) of this section shall be available for public
inspection at a review and comment hearing prior to its adoption.
Source: L. 94: Entire section added, p. 2081, § 1, effective June 3. L. 97: (2) amended, p.
1437, § 10, effective July 1. L. 2002: (1) and (2) amended, p. 786, § 5, effective May 30.
Cross references: For the legislative declaration contained in the 2002 act amending
subsections (1) and (2), see section 1 of chapter 217, Session Laws of Colorado 2002.
ANNOTATION
Law reviews. For article, "Colorado
Moves Toward Full Compliance With
Federal Indian Child Welfare Act", see 31
Colo. Law. 77 (Nov. 2002).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-551-
19-3-213. Placement criteria.
(1) In a case in which the county department recommends placement out of the home for a
child or in which a child is in out-of-home placement, the court, the guardian ad litem, the county
department, a CASA volunteer, and other parties shall consider the best interests of the child and
shall comply with the following placement criteria:
(a) Prior to the change of placement of a child, the county department shall, to the extent
possible, notify the guardian ad litem or counsel for youth, a CASA volunteer, and other parties.
If a party disagrees with the change of placement, the party may seek an emergency hearing
concerning the appropriate placement for the child. In an emergency, the county department may
proceed to make the change of placement prior to a requested hearing and is exempt from
creating an individualized placement transition plan, as described in section 19 -3-213.5 (2)(a).
Absent an emergency placement change, prior to the change of placement of a child, the county
department shall create an individualized placement transition plan, as described in section 19 -3-
213.5 (2)(a).
(b) Except in exceptional circumstances, no child shall remain in an emergency, short -term,
or shelter facility for more than sixty days, nor shall a child be moved from one such facility to
another, unless all reasonable efforts to return the child to the child's home or to place the child in
a more permanent setting have been exhausted.
(c) (I) If the child is part of a sibling group, as defined in section 19 -1-103, and the sibling
group is being placed in foster care, the county department shall make thorough efforts to locate
a joint placement for all of the children in the sibling group. If the county department locates an
appropriate, capable, willing, and available joint placement for all of the children in the sibling
group, it is presumed that placement of the entire sibling group in the joint placement is in the
best interests of the children. The presumption may be rebutted 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.
(II) Consideration of the placement of children together as a sibling group in foster care shall
not 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.
(III) In any proceeding under this article involving a sibling group, the judge shall review the
family services plan document regarding placement of siblings.
(d) Prior to the change of placement of a child, all parties shall attempt to promote
educational stability for the child by taking into account the child's existing educational situation
and, to the extent possible and in accordance with the child's best interests, selecting a change of
placement that enables the child to remain in the existing educational situation or to transfer to a
new educational situation that is comparable to the existing situation.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(2) If a child runs away from an out -of-home placement facility, the person in charge of the
placement facility, foster parent, relative, or other placement provider shall notify the county
department as soon as possible after discovering that the child has run away. The county
department shall notify the court and other parties within ten days after the county department
has received notice and take appropriate steps to locate the child.
Source: L. 97: Entire section added, p. 1438, § 11, effective July 1. L. 2000: (1) amended, p.
475, § 3, effective July 1. L. 2003: (1)(c)(I) amended, p. 2622, § 1, effective June 5. L. 2008:
(1)(d) added, p. 471, § 3, effective April 17. L. 2021: (1)(c)(I) amended, (SB 21-059), ch. 136, p.
730, § 73, effective October 1. L. 2022: (1)(a) amended, (HB 22 -1038), ch. 92, p. 441, § 23,
effective January 9, 2023. L. 2025: IP(1) and (1)(a) amended, (HB 25-1097), ch. 261, p. 1338, §
2, effective May 28.
Cross references: For the legislative declaration contained in the 2008 act enacting subsection
(1)(d), see section 1 of chapter 147, Session Laws of Colorado 2008. For the legislative
declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.
ANNOTATION
For purposes of procedural due
process, mother was not entitled under
subsection (1)(a) to notice of the
department's administrative review or a
hearing during that review because the
department did not propose a change in the
child's placement. People in Interest of C.J.,
2017 COA 157, 410 P.3d 839.
19-3-213.5. Placement transition plans - out-of-home placements in family-based
settings - training - rules - definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Individualized placement transition plan" means a plan developed pursuant to subsection
(2)(a) of this section to prevent children in placements in foster care homes, kinship foster care
homes, or non-certified kinship care homes from experiencing unnecessary or abrupt placement
changes after a decision has been made by the county department, by the court, or by agreement
between parties for a change of placement.
(b) "Placement" means placement in a foster care home or a kinship foster care home, as
both are defined in section 26-6-903, or a non-certified kinship care home.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-553-
(c) "Provider" means a foster care parent or a relative or kin who provides kinship foster care
and who is certified to operate a kinship foster care home pursuant to section 26 -6-910.
"Provider" also includes a relative or kin who provides non -certified kinship care, as defined in
section 26-6-903, to a child.
(2) (a) (I) Beginning July 1, 2026, absent an emergency placement change, a county
department child welfare caseworker shall create an individualized placement transition plan for
a child any time the child is moved from one placement in a foster care home, kinship foster care
home, or non-certified kinship care home to another or is moved from any placement back to the
child's home. An individualized placement transition plan must prioritize the mental, emotional,
and physical needs of the child while considering the needs of the parents, current providers, and
future providers, as the needs of the parents, current providers, and future providers relate to the
care of the child. The county department child welfare caseworker shall document the
individualized placement transition plan in the state automated case management system.
(II) When a county department child welfare caseworker develops the individualized
placement transition plan, the county department child welfare caseworker must solicit the input
of the parties to the case, current and future providers, and the child, if it is appropriate to the
child's age or developmental level. Input from the parties or providers may be solicited and
considered during a meeting, but a meeting is not required. A party or provider may choose not
to provide input on the individualized placement transition plan.
(III) If a sibling group is moved from a placement together, the county department child
welfare caseworker may develop one individualized placement transition plan for the sibling
group as long as the plan takes into account the individualized needs of each child.
(IV) The individualized placement transition plan must not be used to slow down the return
of a child to the child's home. The court may order a specific date for completion of the
individualized placement transition plan to ensure that an agreed -upon or court -ordered change
in placement is not delayed due to the requirement to complete an individualized placement
transition plan.
(b) A county department's individualized placement transition plan created pursuant to
subsection (2)(a)(I) of this section does not override a court order for the placement of a child.
The court may order an individualized placement transition plan for a child who is moved to a
new placement as a result of the court's order.
(c) Absent an emergency placement change, the county department child welfare caseworker
shall notify the child, current provider, and future provider at least forty -eight hours before the
child is moved to a new placement.
(3) An individualized placement transition plan must include, but not be limited to:
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(a) Pre -transition logistics to adequately prepare for the child's new placement, which
include:
(I) Identifying individuals responsible for each element of the individualized placement
transition plan;
(II) Determining the time frames for the impending placement change;
(III) Identifying opportunities the child may have to maintain contact with the current
provider with primary consideration to the mental, emotional, and physical needs of the child and
taking into consideration the preferences of the child and the future provider;
(IV) Determining, when applicable, how a child will maintain connections with siblings
when siblings are not placed together, as set forth in section 19-7-204;
(V) Ensuring the child has their belongings and current medications, that the child's
belongings are carefully packed in appropriate luggage to avoid damage, and that there is
transportation of the child's belongings to the placement, as described in section 19-7-101;
(VI) Providing the child's records and information, as described in section 19 -3-210.5 (1)(i),
to the future provider, subject to any privilege or confidentiality standard recognized or governed
by state or federal law;
(VII) Sharing information between the current provider and the future provider upon the
consent of both providers and the child;
(VIII) Identifying whether the child's current health care and mental health services will
continue or transition to new providers;
(IX) Communicating the individualized placement transition plan with the child in an age -
appropriate manner; and
(X) Supporting a child who is found to be an Indian child to maintain or develop connections
with the child's tribe pursuant to the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec.
1901, et seq.
(b) A plan for pre -transition and post -transition communications between individuals who
have relevant information for the transition. The pre -transition and post -transition
communications must be child -centered, trauma-informed, and in compliance with the rights of
children and youth in foster care, as described in section 19-7-101.
(c) A timeline to transition the child to a new placement, which must include:
(I) Identifying opportunities for the child to visit or contact the future provider prior to the
transition; and
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(II) Identifying opportunities prior to the transition for the child to spend time with
connections that may be lost;
(d) A plan to physically move the child to the new placement, which must include:
(I) Moving the child to the new placement by someone known to the child, to the extent
practicable; and
(II) Notifying the previous provider that the child arrived safely to the new placement;
(e) A framework for a county department child welfare caseworker's post -transition
communications, which must include:
(I) Providing a status update on the child to the previous provider, unless there is a safety
concern in providing a status update to the previous provider, a party objects to sharing
confidential information, or a court order prohibits the release of information to the previous
provider; and
(II) Communicating with the current provider and previous provider, if requested by the
previous provider prior to the transition, to determine how the transition went and if the current
provider or previous provider needs any support.
(4) (a) The department, within existing resources, shall create a training on the importance of
placement transition plans that is recorded and made available on a training system that can be
accessed statewide. The training must focus on placement transition plans and on individuals
who have lived experience with placement transitions, including an emphasis on individuals who
experienced placement transitions.
(b) (I) New county department child welfare caseworkers must complete the training
described in subsection (4)(a) of this section within the first year of employment as a county
department child welfare caseworker.
(II) All county department child welfare caseworkers may complete the training described in
subsection (4)(a) of this section every three years.
(c) A provider may complete the training on placement transition plans described in
subsection (4)(a) of this section and may receive support from the department or the county
department pursuant to section 19 -3-210.5 (1)(c) to improve the provider's skills in transitioning
a child in the provider's care from one placement to another.
(5) This section does not alter state law criteria that determines placement changes for a child
or that returns a child to a parent's custody.
(6) The department may adopt rules for purposes of this section.
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Source: L. 2025: Entire section added, (HB 25-1097), ch. 261, p. 1334, § 1, effective May 28.
19-3-214. Placement reporting.
(1) Each county department shall maintain and update on a monthly basis a report of the
number of children who have been removed from their homes and placed in the temporary
custody of the county department for the preceding month. The report shall indicate whether a
child who has been placed out of the home has been placed with relatives.
(2) Notwithstanding section 24 -1-136 (11)(a)(I), the state department shall submit an annual
report to the joint budget committee of the general assembly no later than December 1 of each
year that compiles the monthly reports of the number of children who have been placed out of
the home in each county or city and county for the preceding year as required pursuant to
subsection (1) of this section.
Source: L. 97: Entire section added, p. 1438, § 11, effective July 1. L. 2017: (2) amended,
(SB 17-234), ch. 154, p. 521, § 4, effective August 9.
19-3-215. Foster care - capacity may be exceeded for sibling groups.
The state board of human services shall promulgate rules that allow foster care homes to
exceed capacity for the number of children and for square footage requirements in order to
accommodate the joint placement of sibling groups in a single foster care home.
Source: L. 2000: Entire section added, p. 478, § 9, effective July 1.
19-3-216. Rules.
The state board of human services shall promulgate rules to determine whether there is child
abuse or neglect as defined in section 19-1-103 (1)(a)(VII) or if a child is neglected or dependent
as described in section 19-3-102 (1)(g).
Source: L. 2020: Entire section added, (SB 20-028), ch. 186, p. 854, § 6, effective June 30.
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19-3-217. Family time upon removal - rules.
(1) At any hearing held pursuant to section 19 -3-403 (2) or (3.5), the court shall enter
temporary orders for reasonable family time with the child's or youth's parent that is consistent
with the age and developmental needs of a child or youth if the court finds that visitation is in a
child's or youth's best interests. The court shall order contact between the parent and child or
youth, which contact may include, but is not limited to, telephone, virtual, or in -person visits,
commencing within seventy -two hours after any hearing pursuant to section 19 -3-403 (2) or
(3.5), excluding Saturdays, Sundays, and any court holiday. The court may authorize an
extension of time for contact to commence if the delay is agreed upon by the parent, county
department, and guardian ad litem or if the court finds that a delay in contact is in the child's or
youth's best interests.
(1.5) When a child or youth is placed out of the home, the following considerations apply
when making decisions regarding family time:
(a) The county department shall encourage the maximum parent, child, and sibling contact
possible, including regular family time and participation by the parents in the care of the child or
youth, when it is in the best interest of the child or youth. The county department shall encourage
parental attendance and participation in the child's or youth's life, such as school, extracurricular
activities, and medical appointments, when it is in the best interest of the child or youth.
(b) The court and the county department may rely on informal resources such as community
members, relatives, or kin to provide transportation and supervision for family time if those
resources are available, appropriate, and do not compromise the child's or youth's mental,
emotional, or physical health or safety.
(c) (I) There is a presumption that supervised family time must:
(A) Be supervised by informal supports identified by the family who volunteer to supervise
family time, including relatives or other persons identified by the family; and
(B) Occur in the community, a homelike environment, or other agreed-upon location.
(II) The presumption described in subsection (1.5)(c)(I) of this section may be rebutted if the
court finds that the child's or youth's safety or mental, emotional, or physical health requires
professional supervision or that relatives or other family supports are unavailable or unwilling to
provide supervision after the county department has exercised due diligence to contact and
engage the relatives, kin, or other family supports. Nothing in this section precludes
supplemental professionally coached or supervised family time to improve parenting skills.
(d) The court may only restrict or deny family time if it is necessary to protect the child's or
youth's safety or mental, emotional, or physical health. The court shall order family time in the
least restrictive setting and supervision at the least restrictive level to satisfy the child's or youth's
safety or mental, emotional, or physical health.
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(e) (I) At the first hearing that occurs after the emergency hearing required pursuant to
section 19-3-403, or no later than thirty days after the removal date, the county department shall
provide the court with a proposed family time plan on the record, including:
(A) Frequency and length;
(B) Persons who may be present;
(C) Whether the family time must be supervised; and
(D) The child's or youth's opportunity to communicate with a parent, sibling, or other
relative.
(II) For good cause, or by agreement by the parties, the court may waive the requirement to
provide or extend the time for providing the family time plan described in subsection (1.5)(e)(I)
of this section. A lack of staff or financial resources is not good cause. Any subsequent written
family services plan submitted to the court pursuant to section 19 -3-507 or 19 -3-702 must
include an update on participation in and provision of family time and barriers to expanding
family time.
(f) The court or the county department shall not limit family time as a sanction for a parent's
failure to comply with court orders or services if the child's or youth's safety or mental,
emotional, or physical health is not at risk as a result of the family time.
(g) The court, the county department, the parent, or other support shall not limit family time
or contact between a child or youth and the child's or youth's parent or sibling as a sanction for
the child's or youth's behavior or as an incentive to change the child's or youth's behavior.
(h) The county department and the court shall consider a parent's preferences when
determining supervision, location, and timing of family time.
(i) The county department and the court shall consider a child's or youth's preferences when
determining supervision, location, and timing of family time.
(2) Nothing in this section restricts the court from granting discretionary authority to the
department and guardian ad litem to increase opportunities for additional parent-child contacts or
sibling contacts without further court order.
(3) Absent the issuance of an emergency order, a parent granted family time is entitled to a
hearing prior to an ongoing reduction in, suspension of, or increase in the level of supervision,
including a change from in -person family time to virtual family time. If the court issues an
emergency order suspending, reducing, or restricting family time, a parent is entitled to a hearing
within seventy -two hours after the order is issued, excluding Saturdays, Sundays, and court
holidays. The court need not hold a hearing if there is agreement by the petitioner, guardian ad
litem or counsel for youth, and parent to the reduction, suspension, or increase in level of
supervision of family time. Any such agreement must be reduced to writing and filed with the
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court. Nothing in this section prevents the county department from canceling scheduled family
time if the child's or youth's safety or mental, emotional, or physical health would be endangered
or if the parent consents to the cancellation of the family time.
(4) Nothing in this section requires or permits a county department to arrange family time if
the family time would violate an existing protection order in any case pending in this state or any
other state. The county department is not required to produce a child or youth for court -ordered
family time if the family time is made impossible due to the policies of a facility where the
parent is incarcerated or in treatment.
(5) A person's inclusion in family time does not confer rights not otherwise granted by law,
including the right to appeal denial of participation in family time.
(6) The state board of human services shall promulgate rules in accordance with this section.
Source: L. 2021: Entire section added, (HB 21 -1101), ch. 481, p. 3426, § 1, effective
September 1. L. 2022: (3) amended, (HB 22 -1038), ch. 92, p. 441, § 24, effective January 9,
2023. L. 2023: (1), (3), and (4) amended and (1.5), (5), and (6) added, (HB 23 -1027), ch. 284, p.
1677, § 4, effective January 1, 2024. L. 2024: (1.5)(c)(II) and (1.5)(e)(II) amended, (HB 24 -
1450), ch. 490, p. 3411, § 26, effective August 7.
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022. For the legislative declaration in HB 23 -1027, see section 1 of
chapter 284, Session Laws of Colorado 2023.
ANNOTATION
Law reviews. For article, "Disclosure and
Discovery in Dependency and Neglect
Cases", see 54 Colo. Law. 44 (Jan. -Feb.
2025).
This section does not broaden a
juvenile court's personal jurisdiction to
include nondependent siblings of a youth
in foster care or require the siblings to
attend therapeutic visitation with the youth.
In re People in Interest of S.A., 2022 CO 27,
511 P.3d 597.
When a juvenile court restricts family
time to a therapeutic setting, a county
department of human or social services can
still meet its requirement to make available
and provide family time services for parents
with children in out -of-home placements.
People in Interest of E.D., 2025 COA 11,
566 P.3d 1011.
In this case, a county department of
human or social services made available and
provided appropriate therapeutic family time
services to a mother and child even though
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the services did not result in face -to-face
contact. An in -person meeting with the
mother would have caused additional risks
to the child's health and safety. People in
Interest of E.D., 2025 COA 11, 566 P.3d
1011.
19-3-218. Transferring temporary legal custody of a child or youth - advisement.
Prior to transferring temporary legal custody of a child or youth to a relative or kin, the court
shall make findings that the relative or kin was advised regarding the differences between
kinship foster care and non -certified kinship care, including, but not limited to, financial
assistance, custody requirements, and long-term financial support options.
Source: L. 2024: Entire section added, (SB 24-008), ch. 289, p. 1931, § 1, effective September
1.
19-3-219. Language access.
(1) Pursuant to this article 3, the court shall provide language access to a child or a parent,
guardian, other custodian, or other party if the person requests language access or the court finds
that a person has limited English proficiency.
(2) A person who receives language access pursuant to this section must receive translation
and interpretation services in circumstances when a similarly situated person would receive the
communication in English. Translation must be provided in a timely manner and without
unreasonable delay if requested by the party, and interpretation must be provided at every
proceeding.
Source: L. 2024: Entire section added, (HB 24 -1031), ch. 327, p. 2214, § 3, effective August
7.
Editor's note: This section was numbered as § 19 -3-218 in HB 24 -1031 but was renumbered
on revision for ease of location.
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PART 3
CHILD ABUSE OR NEGLECT
19-3-301. Short title.
This part 3 shall be known and may be cited as the "Child Protection Act of 1987".
Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1.
Editor's note: 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 -10-101 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
19-3-302. Legislative declaration.
(1) The general assembly declares that the complete reporting of child abuse is a matter of
public concern and that, in enacting this part 3, it is the intent of the general assembly to protect
the best interests of children of this state and to offer protective services in order to prevent any
further harm to a child suffering from abuse. It is also the intent of the general assembly that if a
county or group of counties decides to establish a child protection team, that the child protection
teams publicly discuss public agencies' responses to child abuse and neglect reports so that the
public and the general assembly are better informed concerning the operation and administration
of this part 3.
(2) (a) The general assembly further declares that requiring people to report known or
suspected child abuse or neglect pursuant to this part 3 impacts the people reporting as well as
children and families. As a result of implicit bias, under -resourced communities, communities of
color, and persons with disabilities are disproportionately impacted by the mandatory reporting
system. To create a more equitable mandatory reporting system, people required to report child
abuse or neglect must have access to necessary resources to report child abuse or neglect,
including but not limited to:
(I) Specialized training to address and decrease the disproportionate impact on under -
resourced communities, communities of color, and persons with disabilities;
(II) Standardized training and materials; and
(III) Information regarding obligations and protections pursuant to the law.
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(b) Additionally, through the creation of a mandatory reporter task force in this part 3,
diverse representatives from statewide organizations serving families and youth shall analyze
best practices and may recommend changes to training materials and reporting procedures.
Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1. L. 2017: Entire section
amended, (SB 17-016), ch. 107, p. 389, § 1, effective August 9. L. 2022: Entire section amended,
(HB 22-1240), ch. 313, p. 2235, § 1, effective August 10.
Editor's note: 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 -10-102 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
19-3-303. Definitions. (Repealed)
Source: L. 87: Entire title R&RE, p. 763, § 1, effective October 1. L. 91: (2.5) and (10)
amended and (4.5), (4.7), and (9.5) added, p. 222, § 3, effective May 24. L. 92: (9.5) amended, p.
2175, § 29, effective June 2. L. 93: (2) amended, p. 1250, § 2, effective June 6. L. 94: (1)(a)(IV)
added, p. 1055, § 5, effective May 4; (9) amended, p. 2683, § 199, effective July 1. L. 96: Entire
section repealed, p. 85, § 11, effective March 20.
Cross references: For current applicable definitions, see § 19-1-103.
19-3-304. Persons required to report child abuse or neglect.
(1) (a) Except as otherwise provided by section 19 -3-307, section 25 -1-122 (4)(d), and
subsections (1)(b) and (1)(c) of this section, a person specified in subsection (2) of this section
who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect
or who has observed the child being subjected to circumstances or conditions that would
reasonably result in abuse or neglect shall immediately upon receiving the information report or
cause a report to be made of the fact as soon as reasonably possible, but no later than twenty-four
hours after receiving the information, to the county department, the local law enforcement
agency, or through the child abuse reporting hotline system as set forth in section 26-5-111.
(b) The reporting requirement described in paragraph (a) of this subsection (1) shall not
apply if the person who is otherwise required to report does not:
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(I) Learn of the suspected abuse or neglect until after the alleged victim of the suspected
abuse or neglect is eighteen years of age or older; and
(II) Have reasonable cause to know or suspect that the perpetrator of the suspected abuse or
neglect:
(A) Has subjected any other child currently under eighteen years of age to abuse or neglect
or to circumstances or conditions that would likely result in abuse or neglect; or
(B) Is currently in a position of trust, as defined in section 18 -3-401 (3.5), C.R.S., with
regard to any child currently under eighteen years of age.
(c) The reporting requirement described in subsection (1)(a) of this section does not apply if
the person:
(I) Learns of the suspected abuse or neglect outside of the person's professional capacity that
would require the person to make a report pursuant to this section; or
(II) Is employed by, an agent of, or a contractor for any attorney who is providing legal
services.
(2) Persons required to report the abuse or neglect or circumstances or conditions include a:
(a) Physician or surgeon, including a physician in training;
(b) Child health associate;
(c) Medical examiner or coroner;
(d) Dentist;
(e) Osteopath;
(f) Optometrist;
(g) Chiropractor;
(h) Podiatrist;
(i) Registered nurse or licensed practical nurse;
(j) Hospital personnel engaged in the admission, care, or treatment of patients;
(k) Christian science practitioner;
(l) Public or private school official or employee;
(m) Social worker or worker in any facility or agency that is licensed or certified pursuant to
part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5;
(n) Mental health professional;
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(o) Dental therapist or dental hygienist;
(p) Psychologist;
(q) Physical therapist;
(r) Veterinarian;
(s) Peace officer as described in section 16-2.5-101, C.R.S.;
(t) Pharmacist;
(u) Commercial film and photographic print processor as provided in subsection (2.5) of this
section;
(v) Firefighter as defined in section 18-3-201 (1.5), C.R.S.;
(w) Repealed.
(x) Licensed professional counselors;
(y) Licensed marriage and family therapists;
(z) Unlicensed psychotherapists;
(aa) (I) Clergy member.
(II) The provisions of this paragraph (aa) shall not apply to a person who acquires reasonable
cause to know or suspect that a child has been subjected to abuse or neglect during a
communication about which the person may not be examined as a witness pursuant to section
13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source
other than such a communication.
(III) For purposes of this paragraph (aa), unless the context otherwise requires, "clergy
member" means a priest, rabbi, duly ordained, commissioned, or licensed minister of a church,
member of a religious order, or recognized leader of any religious body.
(bb) Registered dietitian who holds a certificate through the commission on dietetic
registration and who is otherwise prohibited by 7 CFR 246.26 from making a report absent a
state law requiring the release of this information;
(cc) Worker in the state department of human services;
(dd) Juvenile parole and probation officers;
(ee) Child and family investigators, as described in section 14-10-116.5, C.R.S.;
(ff) Officers and agents of the state bureau of animal protection, and animal control officers;
(gg) The child protection ombudsman as created in article 3.3 of this title;
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(hh) Educator providing services through a federal special supplemental nutrition program
for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;
(ii) Director, coach, assistant coach, or athletic program personnel employed by a private
sports organization or program. For purposes of this paragraph (ii), "employed" means that an
individual is compensated beyond reimbursement for his or her expenses related to the private
sports organization or program.
(jj) Person who is registered as a psychologist candidate pursuant to section 12 -245-304 (3),
marriage and family therapist candidate pursuant to section 12 -245-504 (4), or licensed
professional counselor candidate pursuant to section 12 -245-604 (4), or who is described in
section 12-245-217;
(kk) Emergency medical service providers, as defined in sections 25 -3.5-103 (8) and 25-3.5-
103 (12) and certified or licensed pursuant to part 2 of article 3.5 of title 25;
(ll) Officials or employees of a county department of health or a county department of
human or social services;
(mm) Naturopathic doctor registered under article 250 of title 12; and
(nn) Employees of the department of early childhood.
(2.5) Any commercial film and photographic print processor who has knowledge of or
observes, within the scope of his or her professional capacity or employment, any film,
photograph, video tape, negative, or slide depicting a child engaged in an act of sexual conduct
shall report such fact to a local law enforcement agency immediately or as soon as practically
possible by telephone and shall prepare and send a written report of it with a copy of the film,
photograph, video tape, negative, or slide attached within thirty -six hours of receiving the
information concerning the incident.
(3) In addition to those persons specifically required by this section to report known or
suspected child abuse or neglect and circumstances or conditions which might reasonably result
in abuse or neglect, any other person may report known or suspected child abuse or neglect and
circumstances or conditions which might reasonably result in child abuse or neglect to the local
law enforcement agency, the county department, or through the child abuse reporting hotline
system as set forth in section 26-5-111, C.R.S.
(3.2) A person specified in subsection (2) or (3) of this section shall not make a report due to
a family's or child's race, ethnicity, socioeconomic status, or disability status. In addition, the
reporting requirement described in subsection (1)(a) of this section does not apply if the basis for
the report arises from concerns solely due to any of the following criteria:
(a) Socioeconomic status, which includes factors such as inadequate housing, furnishings,
income, or clothing; or
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(b) Disability.
(3.3) (a) A person specified in subsection (2) of this section shall not delegate the duty to
make the report required by subsection (1)(a) of this section to another person who does not have
firsthand knowledge of the suspected child abuse or neglect.
(b) An entity that employs a person specified in subsection (2) or (2.5) of this section may
develop protocols regarding the process for making the report required by subsection (1)(a) of
this section. The protocols must comply with state law and regulations. Representatives of the
entity shall not deter or impede a person from filing a report required by subsection (1)(a) of this
section.
(3.5) No person, including a person specified in subsection (1) of this section, shall
knowingly make a false report of abuse or neglect to a county department, a local law
enforcement agency, or through the child abuse reporting hotline system as set forth in section
26-5-111, C.R.S.
(4) Any person who willfully violates the provisions of subsection (1) of this section or who
violates the provisions of subsection (3.5) of this section:
(a) Commits a class 2 misdemeanor and shall be punished as provided in section 18 -1.3-501;
and
(b) Shall be liable for damages proximately caused thereby.
(5) No person shall be prosecuted, tried, or punished for an offense that pertains to a report
of unlawful sexual behavior as defined in section 16 -22-102 (9) and under circumstances when a
mandatory reporter has reasonable cause to know or suspect that a child has been subjected to
unlawful sexual behavior as defined in section 16 -22-102 (9) or observed the child being
subjected to circumstances or conditions that would reasonably result in unlawful sexual
behavior as defined in section 16 -22-102 (9) unless the indictment, information, complaint, or
action for the same is found or instituted within three years after the commission of the offense.
The limitation for commencing criminal proceedings concerning acts of failure to report child
abuse other than those involving acts described in this subsection (5) are governed by section 16 -
5-401.
Source: L. 87: Entire title R&RE, p. 764, § 1, effective October 1. L. 90: (2)(m) amended, P.
1394, § 2, effective May 24; (3.5) added and IP(4) amended, p. 1023, § 1, effective July 1. L. 93:
(1) amended, p. 1609, § 1, effective June 6; (2) amended, p. 1735, § 29, effective July 1. L. 95:
(2)(w) added, p. 949, § 5, effective July 1. L. 96: (2.5) amended, p. 83, § 8, effective March 20;
(2)(m) amended, p. 265, § 16, effective July 1. L. 97: (2)(v) amended, p. 1013, § 19, effective
August 6. L. 2001: (2)(x), (2)(y), and (2)(z) added, p. 160, § 1, effective July 1. L. 2002: (1)
amended, p. 568, § 2, effective May 24; (2)(aa) added, p. 1145, § 1, effective June 3; (1)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-567-
amended, p. 1592, § 30, effective July 1; (4)(a) amended, p. 1527, § 231, effective October 1. L.
2003: (2)(m) amended and (2)(cc) added, p. 660, § 1, effective March 20; (2)(bb) added, p. 666,
§ 1, effective March 20; (2)(s) amended, p. 1616, § 18, effective August 6. L. 2005: (2)(dd),
(2)(ee), and (2)(ff) added, p. 357, § 1, effective April 22; (2)(ee) amended, p. 963, § 9, effective
July 1. L. 2010: (2)(gg) added, (SB 10-171), ch. 225, p. 982, § 4, effective May 14; (1) amended,
(SB 10-066), ch. 418, p. 2060, § 1, effective June 10; (2)(h) amended, (HB 10 -1224), ch. 420, p.
2161, § 25, effective July 1. L. 2011: IP(2) and (2)(z) amended, (SB 11-187), ch. 285, p. 1328, §
71, effective July 1; (2)(hh) added, (SB 11 -034), ch. 125, p. 390, § 1, effective January 1, 2012.
L. 2013: (2)(hh) amended and (2)(ii) added, (SB 13-012), ch. 51, p. 173, § 2, effective March 22;
(1)(a), (3), and (3.5) amended, (HB 13 -1271), ch. 219, p. 1021, § 2, effective May 14; (2)(jj)
added, (HB 13 -1104), ch. 77, p. 249, § 6, effective August 7; (2)(kk) added, (SB 13 -220), ch.
220, p. 1023, § 1, effective July 1, 2014. L. 2014: (2)(v) amended, (HB 14 -1214), ch. 336, p.
1499, § 11, effective August 6. L. 2016: (1)(a) amended, (SB 16 -146), ch. 230, p. 918, § 13,
effective July 1. L. 2017: (2)(jj) and (2)(kk) amended and (2)(mm) added, (SB 17 -106), ch. 302,
p. 1650, § 8, effective August 9; (2)(jj) and (2)(kk) amended and (2)(ll) added, (HB 17-1185), ch.
194, p. 710, § 2, effective December 31. L. 2019: (5) added, (SB 19 -049), ch. 56, p. 195, § 1,
effective March 28; (2)(kk) amended, (SB 19 -242), ch. 396, p. 3528, § 13, effective May 31;
(2)(jj) and (2)(mm) amended, (HB 19 -1172), ch. 136, p. 1682, § 112, effective October 1. L.
2020: (2)(z) amended, (HB 20 -1206), ch. 304, p. 1551, § 65, effective July 14. L. 2021: (4)(a)
amended, (SB 21-271), ch. 462, p. 3220, § 389, effective March 1, 2022. L. 2022: (2)(m), (2)(ll),
and (2)(mm) amended and (2)(nn) added, (HB 22 -1295), ch. 123, p. 834, § 37, effective July 1;
(2)(o) amended, (SB 22 -219), ch. 381, p. 2726, § 35, effective January 1, 2023. L. 2024: (2)(ll)
amended, (HB 24-1222), ch. 155, p. 688, § 7, effective August 7. L. 2025: (2)(w) repealed, (HB
25-1188), ch. 337, p. 1776, § 2, effective May 31; (1)(a) and IP(2) amended and (1)(c), (3.2), and
(3.3) added, (HB 25-1188), ch. 337, p. 1776, § 2, effective September 1.
Editor's note: (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 -10-104
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (2)(cc) was originally numbered as (2)(bb) in House Bill 03 -1037 but has been
renumbered on revision for ease of location.
Cross references: For the legislative declaration contained in the 2002 act amending
subsection (4)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. For the
legislative declaration contained in the 2005 act amending subsection (2)(ee), see section 1 of
chapter 244, Session Laws of Colorado 2005. For the legislative declaration in the 2013 act
amending subsection (2)(hh) and adding subsection (2)(ii), see section 1 of chapter 51, Session
Laws of Colorado 2013. For the legislative declaration in SB 22 -219, see section 1 of chapter
Colorado Revised Statutes 2026
Title 19 - Children's Code
-568-
381, Session Laws of Colorado 2022. For the legislative declaration in HB 25 -1188, see section
1 of chapter 337, Session Laws of Colorado 2025.
ANNOTATION
Law reviews. For article, "Towards a
More Practical Central Registry", see 51
Den. L.J. 509 (1974). For article,
"Representing the Mentally Retarded or
Disabled Parent in a Colorado Dependent or
Neglected Child Action", see 11 Colo. Law.
693 (1982). For comment, "Warning Bell:
The Inherent Difficulties of Responding to
Student-on-Student Sexual Harassment in
Colorado Middle Schools", see 76 U. Colo.
L. Rev. 813 (2005).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
A violation of state law duty, by itself, is
insufficient to give rise to a claim under
42 U.S.C. § 1983. Plaintiffs could not
maintain a substantive due process claim
based on defendants' alleged violations of
their duties under the Child Protection Act to
report and investigate allegations of child
abuse. Pierce v. Delta County Dept. of Soc.
Servs., 119 F. Supp. 2d 1139 (D. Colo.
2000).
Defendants' alleged failure to report
and investigate child abuse allegations
does not deprive plaintiffs of a protected
liberty interest without due process of
law. While plaintiffs may have had an
expectation that some form of protective
services would be taken if defendants
complied with the statutory requirements,
the expectation of action is not enough to
create a protected liberty interest under the
due process clause of the U.S. Constitution.
Pierce v. Delta County Dept. of Soc. Servs.,
119 F. Supp. 2d 1139 (D. Colo. 2000).
A mandatory reporter's failure to
report pursuant to this section is not a
continuing offense, and the statute of
limitations starts to run when a mandatory
reporter has reason to know or suspect child
abuse or neglect but fails to make an
immediate report. Macintosh v. County
Court of Arapahoe, 2020 COA 105, 477 P.3d
765; Gonzales v. County Court of Arapahoe,
2020 COA 104, 477 P.3d 752.
The mandatory reporting duty on
public school teachers is not limited to the
reporting of any known or suspected child
abuse or neglect learned of during the
course of their professional capacity.
Rather, the reporting duty applies
irrespective of the circumstances in which
the teacher learned of the child abuse or
neglect. Heotis v. Colo. State Bd. of Educ.,
2019 COA 35, 457 P.3d 691.
Public school teacher who knew her
daughter was being abused at home by
father and failed to report the abuse thus
violated her statutory duty to report. Heotis
v. Colo. State Bd. of Educ., 2019 COA 35,
457 P.3d 691.
Protective orders prohibiting district
attorney and law enforcement officials
from questioning parents regarding alleged
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-569-
sexual abuse of children and prohibiting use
in any criminal or civil proceeding of any
statement made by parents to therapist
during the course of court -ordered treatment
plans could be implemented without
violating reporting requirement of this
section where in each case suspected sexual
abusive conduct had been reported and the
children adjudicated dependent or neglected.
People v. Dist. Court, 731 P.2d 652 (Colo.
1987).
This section was irreconcilable with §
12-63.5-115 (now repealed and replaced by
§ 12 -43-218) which made it a criminal act
for a social worker to reveal a privileged
communication from a client, and, since §
12-63.5-115 was enacted later in time, it
prevailed. Human Servs., Inc. v. Woodard,
765 P.2d 1052 (Colo. App. 1988).
"Any person" as used in subsection (4)
is defined to mean people in specific
occupations or employed by specific
entities, but does not include public
entities. The Colorado Governmental
Immunity Act (CGIA) therefore controls on
issues of public entity immunity. L.J. v.
Carricato, 2018 COA 3, 413 P.3d 1280.
Civil liability under this section is
rooted in traditional tort principles,
therefore claim against public entity is
barred by the CGIA. L.J. v. Carricato,
2018 COA 3, 413 P.3d 1280.
Under the CGIA, a public employee
who is a mandatory reporter is immune
from liability under subsection (4) for
reporting or failing to report child abuse
unless the employee's conduct is willful
and wanton. L.J. v. Carricato, 2018 COA 3,
413 P.3d 1280.
Statements are not rendered
testimonial solely because they are made
to persons who are subject to mandatory
reporting requirements. People v. Phillips,
2012 COA 176, 315 P.3d 136.
Similarly, child's statements to public
school employees and to caseworker are not
testimonial simply because of their statutory
duty to report. The employees and
caseworker were not law enforcement
officials; law enforcement officials had not
asked them to question child about his
injuries; and they did not otherwise work
with law enforcement officials to obtain
child's injury-related statements for later use
in prosecuting defendant. People v. Phillips,
2012 COA 176, 315 P.3d 136.
Criminal prosecutions for violations of
this section do not constitute
"proceedings brought under this article"
within the meaning of § 19 -3-206.
Therefore, § 19 -3-206 does not divest
district attorneys of their authority to
prosecute violations of this section. Berges
v. County Court of Douglas County, 2016
COA 146, 409 P.3d 592.
Trial court's admission of child abuse
reports by psychologist based upon
privileged communications between
psychologist and defendant did not
constitute error because allowing privilege
to prevent use of child abuse reports would
defeat one of purposes of reports to aid in
the investigation and prosecution of child
abusers. People v. Bowman, 812 P.2d 725
(Colo. App. 1991).
Colorado Revised Statutes 2026
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In order to harmonize potential
statutory conflict between this section and
§ 13 -90-107 concerning privileged
communications prior to 1989
amendment to § 19 -3-311, this section
required psychologists to report suspected
child abuse to the appropriate authorities
while § 13 -90-107 (1)(g) prohibited
psychologists from testifying against their
clients without consent. People v. Bowman,
812 P.2d 725 (Colo. App. 1991).
Information about defendant's
background and demeanor during visit to
mental health facility fell within scope of
child abuse reporting statute. The
information reported verbally by counselor
in phone call to police and in subsequent
written form was relevant to counselor's
ability to determine whether defendant's
"visions" had any basis in reality and as such
constituted a legitimate report of suspected
child abuse and was therefore exempt from
confidentiality requirements under federal
statute for substance abuse treatment
records. People v. Jimenez, 217 P.3d 841
(Colo. App. 2008).
19-3-304.2. Mandatory reporter task force - creation - reporting - definitions - repeal.
(Repealed)
Source: L. 2022: Entire section added and (3)(a)(VI)(Y) amended, (HB 22-1240), ch. 313, pp.
2236, 2241, §§ 2, 3, effective August 10.
Editor's note: Subsection (11) provided for the repeal of this section, effective July 1, 2025.
(See L. 2022, pp. 2236, 2241.)
19-3-304.3. Best practices and training for recognition of domestic abuse as child abuse
or neglect - policies and procedures - rules.
(1) Repealed.
(2) On or before July 1, 2023, the state department shall promulgate rules based on
recommendations from the domestic violence program and child welfare workgroup regarding
the best practices and training for recognition of child abuse or neglect related to domestic abuse,
including, but not limited to:
(a) Creating, implementing, and updating assessment policies and procedures for child
welfare caseworkers to recognize, respond, and assess child abuse or neglect related to domestic
abuse while appropriately considering the role of the non -abusive caregiver and cultural
considerations;
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(b) Creating, implementing, and updating training materials for mandatory reporters to
recognize and report child abuse or neglect related to domestic abuse;
(c) Establishing training standards to implement updated assessment policies and procedures
for child welfare caseworkers to recognize and respond to child abuse or neglect related to
domestic abuse while appropriately considering the role of the non -abusive caregiver and
cultural considerations; and
(d) Establishing training standards to implement updated assessment policies and procedures
for child welfare caseworkers to recognize and respond to child abuse or neglect related to
domestic abuse while appropriately considering the role of the abusive parent and cultural
considerations.
Source: L. 2021: Entire section added, (HB 21 -1099), ch. 179, p. 972, § 2, effective
September 7. L. 2026: (1) repealed, (HB 26-1295), ch. 121, p. 516, § 4, effective August 12.
Cross references: For the legislative declaration in HB 21 -1099, see section 1 of chapter 179,
Session Laws of Colorado 2021.
19-3-304.4. Pre-adolescent services task force - duties - report - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22 -1131), ch. 380, p. 2700, § 2, effective June 7.
L. 2023: (1)(d)(I)(J) amended, (HB 23-1236), ch. 206, p. 1051, § 4, effective May 16.
Editor's note: (1) Subsection (2) provided for the repeal of this section, effective July 1, 2023.
(See L. 2022, p. 2700.)
(2) For the amendment to subsection (1)(d)(I)(J) in SB 23 -1236 in effect from May 16, 2023,
until July 1, 2023, see chapter 206, Session Laws of Colorado 2023. (See L. 2023, p. 1051.)
Cross references: For the legislative declaration in HB 22 -1131, see section 1 of chapter 380,
Session Laws of Colorado 2022.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-572-
19-3-304.5. Emergency possession of certain relinquished children - rules - legislative
declaration - definitions.
(1) If a parent voluntarily delivers a child to a firefighter, as defined in section 18 -3-201
(1.5), or a staff member who engages in the admission, care, or treatment of patients at a hospital
or community clinic emergency center, as defined in subsection (9) of this section, when the
firefighter is at a fire station or the staff member is at a hospital or community clinic emergency
center, as defined in subsection (9) of this section, the firefighter or staff member of the hospital
or community clinic emergency center shall, without a court order, take temporary physical
custody of the child if:
(a) The child is thirty days old or younger; and
(b) The parent did not express an intent to return for the child.
(2) If a firefighter or staff member of a hospital or community clinic emergency center takes
temporary physical custody of a child pursuant to subsection (1) of this section, the firefighter or
staff member shall:
(a) Perform any act necessary, in accordance with generally accepted standards of
professional practice, to protect, preserve, or aid the physical health or safety of the child during
the temporary physical custody; and
(b) Notify a law enforcement officer and the county department of the abandonment within
twenty-four hours after the abandonment.
(3) A firefighter or staff member of a hospital or community clinic emergency center shall
incur no civil or criminal liability for any good faith acts or omissions performed pursuant to this
section.
(4) Upon receipt of notice pursuant to subsection (2) of this section, a law enforcement
officer shall take the abandoned child into temporary custody pursuant to section 19-3-401.
(4.5) Any document prepared by a firefighter, a hospital or community clinic emergency
center staff member, or a law enforcement officer pursuant to this section is a dependency and
neglect record and is subject to the confidentiality provisions of section 19-1-307.
(5) Each county department of human or social services shall maintain and update on a
monthly basis a report of the number of children who have been abandoned pursuant to this
section. Each county department of human or social services shall submit such information to the
state department of human services.
(5.5) The state department shall adopt rules establishing a process for either parent of a child
who was surrendered pursuant to this section to reunify with the child.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-573-
(6) Notwithstanding section 24-1-136 (11)(a)(I), the state department of human services shall
submit an annual report to the general assembly not later than March 1 that compiles the monthly
reports, required pursuant to subsection (5) of this section, of the number of children abandoned
pursuant to this section.
(7) The general assembly hereby finds, determines, and declares that a county department of
human or social services shall place an abandoned child with a potential adoptive parent as soon
as possible. The general assembly further declares that, as soon as lawfully possible, a county
department of human or social services shall proceed with a motion to terminate the parental
rights of a parent who abandons a child.
(8) A parent who utilizes the provisions of this section shall not, for that reason alone, be
found to be responsible in a confirmed report of abuse or neglect.
(9) "Community clinic emergency center" means a community clinic licensed by the
department of public health and environment pursuant to section 25-3-101 (2)(a)(I)(B) that:
(a) Delivers emergency services; and
(b) Provides emergency care twenty -four hours per day and seven days a week throughout
the year, except if located in a rural or frontier area that does not have the demand to support
twenty-four-hour service or only operates each year during a specified time period due to
seasonal population influx.
Source: L. 2000: Entire section added, p. 2004, § 2, effective June 3. L. 2002: (4.5) added, p.
168, § 1, effective April 1. L. 2003: (2)(b) amended and (8) added, p. 769, § 1, effective March
25. L. 2006: (8) amended, p. 1493, § 24, effective June 1. L. 2014: IP(1) amended, (HB 14 -
1214), ch. 336, p. 1499, § 12, effective August 6. L. 2017: (6) amended, (SB 17-234), ch. 154, p.
521, § 5, effective August 9. L. 2018: IP(1), IP(2), (3), and (4.5) amended and (9) added, (SB 18-
050), ch. 20, p. 270, § 3, effective March 7; (5) and (7) amended, (SB 18 -092), ch. 38, p. 417, §
52, effective August 8. L. 2024: (6) amended, (SB 24 -135), ch. 34, p. 107, § 5, effective March
22. L. 2026: (1)(a) amended and (5.5) added, (HB 26-1024), ch. 74, p. 291, § 1, effective August
12.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-574-
19-3-305. Required report of postmortem investigation.
(1) Any person who is required by section 19 -3-304 to report known or suspected child
abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse
or neglect shall report such fact immediately to a local law enforcement agency and to the
appropriate medical examiner. The local law enforcement agency and the medical examiner shall
accept such report for investigation and shall report their findings to the local law enforcement
agency, the district attorney, and the county department.
(2) The county department shall forward a copy of such report to the state department of
human services.
Source: L. 87: Entire title R&RE, p. 765, § 1, effective October 1. L. 2003: (2) amended, p.
1405, § 9, effective January 1, 2004.
Editor's note: 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 -10-105 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 2003 act amending
subsection (2), see section 1 of chapter 196, Session Laws of Colorado 2003.
19-3-306. Evidence of abuse - color photographs and X rays.
(1) Any child health associate, person licensed to practice medicine in this state, registered
nurse or licensed practical nurse, hospital personnel engaged in the admission, examination, care,
or treatment of patients, medical examiner, coroner, social worker, psychologist, or local law
enforcement officer who has before him a child he reasonably believes has been abused or
neglected may take or cause to be taken color photographs of the areas of trauma visible on the
child. If medically indicated, such person may take or cause to be taken X rays of the child.
(2) Copies or duplicate originals of any color photographs which show evidence of child
abuse shall be immediately forwarded to the county department or to the local law enforcement
agency. Original photographs shall be made available upon the request of such department or
agency. X rays which show evidence of child abuse or copies of the X -ray report, or both, shall
be made available upon request to the county department or the local law enforcement agency.
Any person who forwards original photographs or X rays pursuant to this section shall maintain
copies or duplicate originals thereof.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-575-
Source: L. 87: Entire title R&RE, p. 766, § 1, effective October 1.
Editor's note: 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 -10-106 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
19-3-307. Reporting procedures - definitions.
(1) (a) Reports of known or suspected child abuse or neglect made pursuant to this article 3
must be made as soon as practicable, but no later than twenty -four hours after receiving the
information, to the county department, the local law enforcement agency, or through the child
abuse reporting hotline system as set forth in section 26 -5-111. The county department shall
submit a report of confirmed child abuse or neglect within sixty days after receipt of the report to
the state department in a manner prescribed by the state department.
(b) If a person required to submit a report pursuant to this part 3 contacts the child abuse
reporting hotline system created pursuant to section 26 -5-111 or a county department about an
incident or situation for which the child abuse reporting hotline system or county department has
already received a report, the child abuse reporting hotline system or county department may,
after confirming that the report does not require a new referral, provide the person with the
referral identification number from the earlier child abuse reporting hotline system or county
report. A person required to submit a report pursuant to this part 3 who receives a referral
identification number from the child abuse reporting hotline system or a county department is not
required to make a report pursuant to subsection (1)(a) of this section and is deemed to have
fulfilled their reporting responsibility. Nothing in this section precludes the child abuse reporting
hotline system or a county department from generating a new report if there is additional or
different information that might not have been reported or if the referral is not currently under
review.
(2) Reports of known or suspected child abuse or neglect made pursuant to this article 3 must
include the following information whenever possible:
(a) The name, address, age, sex, and race of the child;
(b) The name and address of the person responsible for the suspected abuse or neglect;
(c) The nature and extent of the child's injuries, including any evidence of previous cases of
known or suspected abuse or neglect of the child or the child's siblings;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-576-
(c.5) Any evidence of known domestic violence or intimate partner violence in the child's
home, including any evidence of previous cases of known domestic violence or intimate partner
violence in the child's home;
(d) The names and addresses of the persons responsible for the suspected abuse or neglect, if
known;
(e) The family composition;
(f) The source of the report and the name, address, and occupation of the person making the
report;
(g) Any action taken by the reporting source;
(h) Any other information that the person making the report believes may be helpful in
furthering the purposes of this part 3;
(i) The military affiliation of the individual who has custody or control of the child who is
the subject of the investigation of child abuse or neglect, if such individual is a member of the
armed forces or a spouse, or a significant other or family member residing in the home of the
member of the armed forces. This information shall be shared with the appropriate military
installation authorities pursuant to the requirements set forth in sections 19 -1-303 (2.6) and 19-1-
307 (2)(w).
(2.5) Notwithstanding the requirements set forth in subsection (2) of this section, any officer
or employee of a county, district, or municipal public health agency or state department of public
health and environment who makes a report pursuant to section 25 -1-122 (4)(d) or 25 -4-405,
C.R.S., shall include only the information described in said section.
(3) (a) A copy of the report of known or suspected child abuse or neglect shall be transmitted
immediately by the county department to the district attorney's office and to the local law
enforcement agency.
(b) When the county department reasonably believes a criminal act of abuse or neglect of a
child in foster care has occurred, the county department shall transmit immediately a copy of the
written report prepared by the county department in accordance with subsection (1) of this
section to the district attorney's office and to the local law enforcement agency.
(4) A written report, including a report voluntarily made, from persons or officials required
by this part 3 to report known or suspected child abuse or neglect is admissible as evidence in a
proceeding relating to child abuse, subject to the limitations of section 19-1-307.
(5) As used in this section, unless the context otherwise requires:
Colorado Revised Statutes 2026
Title 19 - Children's Code
-577-
(a) "Coercion" means compelling a person by force, threat of force, or intimidation to engage
in conduct from which the person has the right or privilege to abstain, or to abstain from conduct
in which the person has the right or privilege to engage.
(b) "Domestic violence", commonly known as "intimate partner violence" means a pattern of
violent behavior or an act, attempted act, or perceived threat of violence, stalking, harassment, or
coercion that is committed by a person against another person with whom the actor is involved or
has been involved in an intimate relationship. A sexual relationship may be an indicator of an
intimate relationship but is never a necessary condition for finding an intimate relationship.
Source: L. 87: Entire title R&RE, p. 766, § 1, effective October 1. L. 90: (4) amended, p.
1012, § 6, effective July 1. L. 93: (2.5) added, p. 1609, § 2, effective June 6. L. 94: (2.5)
amended, p. 2737, § 364, effective July 1. L. 98: (4) amended, p. 822, § 27, effective August 5.
L. 2001: (3) amended, p. 758, § 9, effective June 1. L. 2003: (1) amended, p. 1406, § 10,
effective January 1, 2004. L. 2010: (2.5) amended, (HB 10 -1422), ch. 419, p. 2075, § 36,
effective August 11. L. 2013: (1) amended, (HB 13 -1271), ch. 219, p. 1022, § 3, effective May
14. L. 2016: (2.5) amended, (SB 16 -146), ch. 230, p. 919, § 14, effective July 1. L. 2017: IP(2)
amended and (2)(i) added, (SB 17 -028), ch. 332, p. 1784, § 4, effective August 9. L. 2024:
(2)(c.5) and (5) added, (HB 24 -1046), ch. 262, p. 1731, § 2, effective May 28. L. 2025: (1) and
(4) amended, (HB 25-1188), ch. 337, p. 1777, § 3, effective September 1.
Editor's note: 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 -10-108 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 2003 act amending
subsection (1), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative
declaration in HB 24-1046, see section 1 of chapter 262, Session Laws of Colorado 2024. For the
legislative declaration in HB 25 -1188, see section 1 of chapter 337, Session Laws of Colorado
2025.
ANNOTATION
Annotator's note. The following
annotations include a case decided under
former provisions similar to this section.
Information about defendant's
background and demeanor during visit to
mental health facility fell within scope of
child abuse reporting statute. The
Colorado Revised Statutes 2026
Title 19 - Children's Code
-578-
information reported verbally by counselor
in phone call to police and in subsequent
written form was relevant to counselor's
ability to determine whether defendant's
"visions" had any basis in reality and as such
constituted a legitimate report of suspected
child abuse and was therefore exempt from
confidentiality requirements under federal
statute for substance abuse treatment
records. People v. Jimenez, 217 P.3d 841
(Colo. App. 2008).
Statements are not rendered
testimonial solely because they are made
to persons who are subject to mandatory
reporting requirements. People v. Phillips,
2012 COA 176, 315 P.3d 136.
Similarly, child's statements to public
school employees and to caseworker are not
testimonial simply because of their statutory
duty to report. The employees and
caseworker were not law enforcement
officials; law enforcement officials had not
asked them to question child about his
injuries; and they did not otherwise work
with law enforcement officials to obtain
child's injury-related statements for later use
in prosecuting defendant. People v. Phillips,
2012 COA 176, 315 P.3d 136.
Applied in People in Interest of M.A.L.,
37 Colo. App. 307, 592 P.2d 415 (1976).
19-3-308. Action upon report of intrafamilial, institutional, or third-party abuse -
investigations - child protection team - rules - report.
(1) (a) The county department shall respond immediately upon receipt of any report of a
known or suspected incident of intrafamilial abuse or neglect to assess the abuse involved and
the appropriate response to the report. The assessment must be in accordance with rules adopted
by the state board of human services to determine the risk of harm to such child and the
appropriate response to such risks. Appropriate responses include, but are not limited to,
screening reports that do not require further investigation, providing appropriate intervention
services, pursuing reports that require further investigation, and conducting immediate
investigations. The immediate concern of any assessment or investigation is the protection of the
child, and, where possible, the preservation of the family unit.
(b) Repealed.
(c) It shall be an appropriate response to a report of a known or suspected incident of
intrafamilial abuse or neglect for a county department to require a parent or a child placement
agency assisting a parent to verify that a petition for relinquishment has been filed or is imminent
and to deem that a report does not require additional investigation pending finalization of the
relinquishment in the following circumstance:
(I) When the report of a known or suspected incident of intrafamilial abuse or neglect
involves a case in which the child tests positive at birth for either a schedule I or a schedule II
controlled substance; and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-579-
(II) The parents of the child have filed or a child placement agency assisting the parents has
filed a petition for relinquishment or anticipates filing a petition for relinquishment pursuant to
the expedited relinquishment process described in section 19-5-103.5.
(1.5) (a) Upon referral to the county department, the county department shall assess the
possibility of abuse or neglect.
(b) If, during the investigation and assessment process, the county department determines
that the family's issues may be attributable to the child's mental health status, rather than
dependency or neglect issues, and that mental health treatment services pursuant to section 27 -
67-104 may be more appropriate, the county department shall contact the mental health agency,
as that term is defined in section 27-67-103 (10). Within ten days after the commencement of the
investigation, the county department shall meet with a representative from the mental health
agency and the family. The county department, in conjunction with the mental health agency,
shall jointly determine whether mental health services should be provided pursuant to section 27-
67-104 or whether the provision of services through the county department is more appropriate.
(c) On and after April 15, 2010, if a county department of human or social services that is
participating in the differential response program pursuant to section 19-3-308.3 determines from
an assessment performed pursuant to paragraph (a) of this subsection (1.5) that the known or
suspected incident of intrafamilial abuse or neglect that was the basis for the assessment is of low
or moderate risk, the county department, in lieu of performing an investigation pursuant to this
section, may proceed in accordance with the provisions of section 19-3-308.3.
(2) The investigation, to the extent that it is reasonably possible, shall include:
(a) The credibility of the source or the report;
(b) The nature, extent, and cause of the abuse or neglect;
(c) The identity of the person responsible for such abuse or neglect;
(d) The names and conditions of any other children living in the same place;
(e) The environment and the relationship of any children therein to the person responsible for
the suspected abuse or neglect;
(f) All other data deemed pertinent.
(3) (a) The investigation shall include an interview with or observance of the child who is the
subject of a report of abuse or neglect. The investigation may include a visit to the child's place
of residence or place of custody or wherever the child may be located, as indicated by the report.
In addition, in connection with any investigation, the alleged perpetrator shall be advised as to
the allegation of abuse and neglect and the circumstances surrounding such allegation and shall
be afforded an opportunity to respond.
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Title 19 - Children's Code
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(b) If admission to the child's place of residence cannot be obtained, the juvenile court or the
district court with juvenile jurisdiction, upon good cause shown, shall order the responsible
person or persons to allow the interview, examination, and investigation. Should the responsible
person or persons refuse to allow the interview, examination, and investigation, the juvenile court
or the district court with juvenile jurisdiction shall hold an immediate proceeding to show cause
why the responsible person or persons shall not be held in contempt of court and committed to
jail until such time as the child is produced for the interview, examination, and investigation or
until information is produced that establishes that said person or persons cannot aid in providing
information about the child. Such person or persons may be held without bond. During the
course of any such hearing, the responsible person or persons, or any necessary witness, may be
granted use immunity by the district attorney against the use of any statements made during such
hearing in a subsequent or pending criminal action.
(4) (a) The county department, except as provided in subsections (5) and (5.3) of this section,
shall be the agency responsible for the coordination of all investigations of all reports of known
or suspected incidents of intrafamilial abuse or neglect. The county department shall arrange for
such investigations to be conducted by persons trained to conduct either the complete
investigation or such parts thereof as may be assigned. The county department shall conduct the
investigation in conjunction with the local law enforcement agency, to the extent a joint
investigation is possible and deemed appropriate, and any other appropriate agency. The county
department may arrange for the initial investigation to be conducted by another agency with
personnel having appropriate training and skill. The county department shall provide for persons
to be continuously available to respond to such reports. Contiguous counties may cooperate to
fulfill the requirements of this subsection (4). The county department or other agency authorized
to conduct the investigation pursuant to this subsection (4), for the purpose of such investigation,
shall have access to the records and reports of child abuse or neglect maintained by the state
department for information under the name of the child or the suspected perpetrator.
(b) Upon the receipt of a report, if the county department reasonably believes that an incident
of intrafamilial abuse or neglect has occurred, it shall immediately offer social services to the
child who is the subject of the report and his family and may file a petition in the juvenile court
or the district court with juvenile jurisdiction on behalf of such child. If, before the investigation
is completed, the opinion of the investigators is that assistance of the local law enforcement
agency is necessary for the protection of the child or other children under the same care, the local
law enforcement agency shall be notified. If immediate removal is necessary to protect the child
or other children under the same care from further abuse, the child or children may be placed in
protective custody in accordance with sections 19-3-401 (1)(a) and 19-3-405.
(c) Upon the receipt of a report, if the county department assessment concludes that a child
has been a victim of intrafamilial, institutional, or third -party abuse or neglect in which he or she
has been subjected to human trafficking of a minor for sexual servitude, as described in section
18-3-504, or commercial sexual exploitation of a child, it shall, when necessary and appropriate,
Colorado Revised Statutes 2026
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-581-
immediately offer social services to the child who is the subject of the report and to his or her
family, and it may file a petition in the juvenile court or the district court with juvenile
jurisdiction on behalf of such child. If, at any time after the commencement of an investigation,
the county department has reasonable cause to suspect that the child or any other child under the
same care is a victim of human trafficking, the county department shall notify the local law
enforcement agency as soon as it is reasonably practicable to do so. If immediate removal is
necessary to protect the child or other children under the same care from further abuse, the child
or children may be placed in protective custody in accordance with sections 19 -3-401 (1)(a) and
19-3-405. In instances of third -party abuse or neglect as it relates to human trafficking, a county
department of human or social services may, but is not required to, interview the person alleged
to be responsible for the abuse or neglect or prepare an investigative report pursuant to
subsection (5.3)(a) of this section. If a county department elects to interview the third -party
individual, it shall first confer with its local law enforcement agency.
(4.5) (a) The state department shall adopt rules setting forth procedures for the investigation
of reports of institutional abuse. Such rules may provide for investigations to be conducted by an
agency that contracts with the state and has staff trained to conduct investigations, the county
departments, or any other entity the state department deems appropriate. The procedures may
include the use of a review team responsible to make recommendations to the state department
concerning the procedures for investigating institutional abuse.
(a.5) (I) The state department shall adopt rules that specify that, prior to notice of an
investigation being sent to the parents or legal guardians of children cared for at a child care
center, as that term is defined in section 26 -6-903 or 26.5-5-303, or a family child care home, as
that term is defined in section 26.5-5-303, which children were not involved in the incident being
investigated, the state department or the county department shall ensure that:
(A) The incident of alleged child abuse or neglect that prompted the investigation is at the
level of a medium, severe, or fatal incident of abuse or neglect, as defined by rule of the state
board, or involves sexual abuse;
(B) The state department or county department has made a determination as to whether
notice to the parents or legal guardians of the uninvolved children is essential to the investigation
of the specific allegation or is necessary for the safety of children cared for at the facility; and
(C) The state department or county department has stated in writing the basis for the
determination and a state department or county department supervisor has provided written
approval of the determination, which basis and approval may be in electronic form.
(II) The rules adopted pursuant to subparagraph (I) of this paragraph (a.5) shall require the
notice of investigation to be sent to the parents or legal guardians within seventy -two hours after
the determination described in sub -subparagraph (B) of subparagraph (I) of this paragraph (a.5)
is made.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(b) If, as a result of an investigation conducted pursuant to rules adopted in accordance with
this subsection (4.5), institutional abuse is found to have occurred, the entity that conducted such
investigation may:
(I) If the institutional abuse is the result of a single act or occurrence at the facility, request
that the owner, operator, or administrator of the facility formulate a plan of remedial action. Such
request shall be made within a period established by the state department. Within thirty days of
the agency's request, the owner, operator, or administrator of the facility shall notify the agency,
in writing, of a plan for remedial action. Within ninety days of the request, the owner, operator,
or administrator shall complete the plan for remedial action.
(II) If the institutional abuse is one of several similar incidents that have occurred at the
facility, request that the owner, operator, or administrator of the facility make administrative,
personnel, or structural changes at the facility. Such request shall be made within a period
established by the state department. Within thirty days of such request, the owner, operator, or
administrator of the facility shall notify the agency of the progress in complying with the request.
The agency and the owner, operator, or administrator shall establish the period in which the
requested changes shall be completed.
(III) If an owner, operator, or administrator of a facility does not formulate or implement a
plan for remedial action in accordance with subparagraph (I) of this paragraph (b) or make
requested changes in accordance with subparagraph (II) of this paragraph (b), recommend to the
entity that licenses, oversees, certifies, or authorizes the operation of the facility that appropriate
sanctions or actions be imposed against the facility.
(c) A teacher, employee, volunteer, or staff person of an institution who is alleged to have
committed an act of child abuse shall be temporarily suspended from his position at the
institution with pay, or reassigned to other duties which would remove the risk of harm to the
child victim or other children under such person's custody or control, if there is reasonable cause
to believe that the life or health of the victim or other children at the institution is in imminent
danger due to continued contact between the alleged perpetrator and a child at the institution. A
public employee suspended pursuant to this paragraph (c) shall be accorded and may exercise
due process rights, including notice of the proposed suspension and an opportunity to be heard,
and any other due process rights provided under the laws of this state governing public
employment and under any applicable individual or group contractual agreement. A private
employee suspended pursuant to this subsection (4.5) shall be accorded and may exercise due
process rights provided for under the laws of this state governing private employment and under
any applicable individual or group employee contractual agreement.
(d) Nothing in this subsection (4.5) shall be construed to abrogate or limit any other
enforcement action provided by law.
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Title 19 - Children's Code
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(5) If a local law enforcement agency receives a report of a known or suspected incident of
intrafamilial abuse or neglect, it shall forthwith attempt to contact the county department in order
to refer the case for investigation. If the local law enforcement agency is unable to contact the
county department, it shall forthwith make a complete investigation and may institute
appropriate legal proceedings on behalf of the subject child or other children under the same
care. As a part of an investigation pursuant to this subsection (5), the local law enforcement
agency shall have access to the records and reports of child abuse or neglect maintained by the
state department for information under the name of the child or the suspected perpetrator. The
local law enforcement agency, upon the receipt of a report and upon completion of any
investigation it may undertake, shall forthwith forward a summary of the investigatory data plus
all relevant documents to the county department.
(5.3) (a) Local law enforcement agencies have the responsibility for the coordination and
investigation of all reports of third -party abuse or neglect by persons ten years of age or older.
Upon receipt of a report, if the local law enforcement agency reasonably believes that the
protection and safety of a child is at risk due to an act or omission on the part of persons
responsible for the child's care, such agency shall notify the county department of human or
social services for an assessment regarding neglect or dependency. In addition, the local law
enforcement agency shall refer to the county department of human or social services any report
of third -party abuse or neglect in which the person allegedly responsible for such abuse or
neglect is under age ten. Upon the completion of an investigation, the local law enforcement
agency shall forward a copy of its investigative report to the county department of human or
social services. The county department shall review the law enforcement investigative report and
shall determine whether the report contains information that constitutes a case of confirmed child
abuse and requires it to be submitted to the state department, which report, upon such
determination, shall be submitted to the state department in the manner prescribed by the state
department within sixty days after the receipt of the report by the county department.
(b) If, before an investigation is completed, the local law enforcement agency determines
that social services are necessary for the child and, if applicable, the child's family or that
assistance from the county department of human or social services is otherwise required, the
agency may request said services or assistance from the county department. The county
department shall immediately respond to a law enforcement agency's request for services or
assistance in a manner deemed appropriate by the county department.
(c) When the investigation involves a suspected perpetrator who was acting in his official
capacity as an employee of a school district, the local law enforcement agency shall coordinate
such investigation with any concurrent abuse investigation being conducted by the department of
education or the school district to the extent such coordination is possible and deemed
appropriate.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(5.5) Upon the receipt of a report, if the county department reasonably believes that an
incident of abuse or neglect has occurred, it shall immediately notify the local law enforcement
agency responsible for investigation of violations of criminal child abuse laws. The local law
enforcement agency may conduct an investigation to determine if a violation of any criminal
child abuse law has occurred. It is the general assembly's intent that, in each county of the state,
law enforcement agencies and the respective county departments of human or social services
develop and implement cooperative agreements to coordinate duties of both agencies in
connection with the investigation of all child abuse or neglect cases and that the focus of such
agreements is to ensure the best protection for the child. The agreements must provide for special
requests by one agency for assistance from the other agency and for joint investigations by both
agencies.
(5.7) Upon initial investigation of a report alleging abuse or neglect in which the suspected
perpetrator was acting in his official capacity as an employee of a school district, if the county
department or the local law enforcement agency reasonably believes that an incident of abuse or
neglect has occurred, it shall immediately notify the superintendent of the school district who
shall consider such report to be confidential information; except that the superintendent shall
notify the department of education of such investigation.
(6) (a) It is the intent of the general assembly to encourage the creation of one or more child
protection teams in each county or contiguous group of counties. The creation of a child
protection team in any given county is left to the discretion of the county director or the directors
of a contiguous group of counties. If a county director or the directors of a contiguous group of
counties decides to form a child protection team, the child protection team may be consolidated
with other local advisory boards pursuant to section 24 -1.7-103. If a child protection team is
formed pursuant to this section in a county or contiguous group of counties, the director or
directors of the county department or departments of human or social services may, at their
discretion, implement the provisions of this section.
(b) If a child protection team is established pursuant to subsection (6)(a) of this section, it
may review an assessment or the investigatory reports of a case, including the diagnostic,
prognostic, and treatment services being offered to the family in connection with the reported
abuse.
(c) At each meeting, each member of a child protection team established pursuant to
subsection (6)(a) of this section may be provided with the investigatory reports on each
assessment or case being considered.
(d) and (e) (Deleted by amendment, L. 91, p. 223, § 4, effective May 24, 1991.)
(f) Immediately after any executive session at which a child abuse or neglect case is
discussed, a child protection team established pursuant to subsection (6)(a) of this section shall
publicly review the responses of public and private agencies to each reported incident of child
Colorado Revised Statutes 2026
Title 19 - Children's Code
-585-
abuse or neglect, publicly state whether the responses were timely, adequate, and in compliance
with the provisions of this part 3, and publicly report nonidentifying information relating to any
inadequate responses, specifically indicating the public and private agencies involved.
(g) After this mandatory public discussion of agency responses, a child protection team
established pursuant to subsection (6)(a) of this section shall go into executive session upon the
vote of a majority of the child protection team members to consider identifying details of the
case being discussed; discuss confidential reports, including but not limited to the reports of
physicians, including psychiatrists; or, when the members of the child protection team desire, act
as an advisory body concerning the details of treatment or evaluation programs. The child
protection team shall state publicly, before going into executive session, its reasons for doing so.
Any recommendation based on information presented in the executive session shall be discussed
and formulated at the immediately succeeding public session of the child protection team,
without publicly revealing identifying details of the case.
(h) At the next regularly scheduled meeting of a child protection team established pursuant to
subsection (6)(a) of this section, or at the earliest possible time, the child protection team shall
publicly report whether there were any lapses and inadequacies in the child protection system
and if they have been corrected.
(i) A child protection team established pursuant to subsection (6)(a) of this section may make
a report of its recommendations to the county department with suggestions for further action or
stating that the child protection team has no recommendations or suggestions. Contiguous
counties may cooperate in meeting the requirements of this subsection (6).
(7) If a county or group of contiguous counties decides to establish a child protection team
pursuant to subsection (6)(a) of this section, each member of the child protection team is
appointed by the agency he or she represents, and each child protection team member serves at
the pleasure of his or her appointing agency; except that the county director may appoint the
representatives of the lay community, including the representatives of any ethnic, racial, or
linguistic minority, as well as persons with disabilities, and may actively recruit all interested
individuals and consider their applications for appointment as lay -community representatives on
the team.
(8) The county director or his or her designee is the local coordinator of the child protection
team, if one is established pursuant to subsection (6)(a) of this section.
(9) Repealed.
(10) In the event that the local department initiates a petition in the juvenile court or the
district court with juvenile jurisdiction on behalf of the child who is the subject of a report, the
department shall notify, in writing, the guardian ad litem or counsel for youth appointed by the
court pursuant to section 19-3-312 to represent the child's interest. Such notice must include:
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(a) The reason for initiating the petition;
(b) Suggestions as to the optimum disposition of this particular case; and
(c) Suggested therapeutic treatment and social services available within the community for
the subject child and the responsible person.
(11) Upon a finding that a report contains information that constitutes a case of confirmed
child abuse or neglect that requires it to be submitted to the state department, the person who is
found to be responsible for the abuse or neglect of a child in the confirmed report shall be given
timely notice of this finding and of the right to appeal pursuant to rules established by the state
board pursuant to section 19-3-313.5 (3).
(12) The state department shall include a summary and description of work of child
protection teams that were implemented pursuant to this section in its annual presentation to the
legislative committees during the committees' hearings held prior to the 2017 regular session
under the "State Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act", part 2 of article 7 of title 2.
(13) Upon the receipt of a report of intrafamilial abuse or neglect or human trafficking, or a
report that a family may be eligible for foster care prevention services, as defined in section 26 -
5.4-102 (1), the county department may provide foster care prevention services for a child and
the parents or kin caregivers of the child when the needs of the child are directly related to the
safety, permanent placement, or well-being of the child or to prevent the child from entering the
foster care system.
Source: L. 87: Entire title R&RE, p. 767, § 1, effective October 1. L. 88: (5.5) added, p. 744,
§ 13, effective July 1. L. 90: (4)(a) amended and (5.7) added, p. 1023, § 2, effective July 1. L.
91: (1), (3)(a), (4), (5), (5.5), (6), (9), and (10) amended and (4.5) and (5.3) added, p. 223, § 4,
effective May 24; (4)(b) amended, p. 1912, § 22, effective June 1. L. 93: (1)(b) amended, p.
1169, § 1, effective June 3; (1)(a) amended, p. 1169, § 1, effective January 1, 1994. L. 96: (4)(a)
amended, p. 84, § 9, eff ective March 20. L. 97: (2) amended, p. 1438, § 12, effective July 1;
(6)(a) amended, p. 1191, § 15, effective July 1. L. 99: (1.5) added, p. 1076, § 2, effective May
29. L. 2001: (5.3)(a) amended, p. 854, § 2, effective July 1. L. 2003: (4)(a), (5), and (5.3)(a)
amended and (11) added, p. 1406, § 11, effective January 1, 2004. L. 2004: (4.5)(a.5) added, p.
1758, § 1, effective June 4; (1)(b) repealed, p. 194, § 9, effective August 4. L. 2005: (1)(c)
added, p. 588, § 3, effective July 1. L. 2010: (1.5)(c) added, (HB 10-1226), ch. 129, p. 425, § 2,
effective April 15; (1.5)(b) amended, (SB 10 -175), ch. 188, p. 791, § 42, effective April 29. L.
2015: (1.5)(c) amended, (HB 15 -1358), ch. 193, p. 641, § 2, effective May 14. L. 2016:
IP(4.5)(a.5)(I) amended, (SB 16 -189), ch. 210, p. 760, § 31, effective June 6; (4)(c) added, (HB
16-1224), ch. 101, p. 290, § 2, effective January 1, 2017. L. 2017: (6), (7), and (8) amended, (9)
repealed, and (12) added, (SB 17-016), ch. 107, p. 389, § 2, effective August 9. L. 2018: (1.5)(b)
Colorado Revised Statutes 2026
Title 19 - Children's Code
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amended, (HB 18 -1094), ch. 343, p. 2044, § 9, effective June 30; (4)(c), (5.3)(a), (5.3)(b), and
(5.5) amended, (SB 18 -092), ch. 38, p. 418, § 53, effective August 8. L. 2019: (13) added, (HB
19-1308), ch. 256, p. 2460, § 6, effective August 2. L. 2022: IP(4.5)(a.5)(I) amended, (HB 22 -
1295), ch. 123, p. 835, § 38, effective July 1; IP(10) amended, (HB 22 -1038), ch. 92, p. 442, §
25, effective January 9, 2023. L. 2024: (1)(a) amended, (HB 24 -1222), ch. 155, p. 688, § 8,
effective August 7.
Editor's note: (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 -10-109
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (4) in House Bill 91 -1002 and Senate Bill 91 -243 were
harmonized.
Cross references: For the legislative declaration contained in the 2003 act amending
subsections (4)(a), (5), and (5.3)(a) and enacting subsection (11) see section 1 of chapter 196,
Session Laws of Colorado 2003. For the legislative declaration in the 2010 act adding subsection
(1.5)(c), see section 1 of chapter 129, Session Laws of Colorado 2010. For the legislative
declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the
legislative declaration in HB 22 -1038, see section 1 of chapter 92, Session Laws of Colorado
2022.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
A violation of state law duty, by itself, is
insufficient to give rise to a claim under
42 U.S.C. § 1983. Plaintiffs could not
maintain a substantive due process claim
based on defendants' alleged violations of
their duties under the Child Protection Act to
report and investigate allegations of child
abuse. Pierce v. Delta County Dept. of Soc.
Servs., 119 F. Supp. 2d 1139 (D. Colo.
2000).
Defendants' alleged failure to report
and investigate child abuse allegations
does not deprive plaintiffs of a protected
liberty interest without due process of
law. While plaintiffs may have had an
expectation that some form of protective
services would be taken if defendants
complied with the statutory requirements,
the expectation of action is not enough to
create a protected liberty interest under the
due process clause of the U.S. Constitution.
Pierce v. Delta County Dept. of Soc. Servs.,
119 F. Supp. 2d 1139 (D. Colo. 2000).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Department of human services
caseworkers are government officials
subject to the fourth amendment.
Caseworkers violated defendant's fourth
amendment right against illegal search and
seizure when they entered defendant's home
without a search warrant. People v. Dyer,
2019 COA 161, 457 P.3d 783.
The child protection team is subject to
the provisions of the public meetings law,
former § 29-9-101, since it is a committee of
a political subdivision of the state. Gillies v.
Schmidt, 38 Colo. App. 233, 556 P.2d 82
(1976).
Coverage of article's confidentiality
provision. The confidentiality provision of
this article covers the entire contents of a
child abuse report and the records related
thereto. Gillies v. Schmidt, 38 Colo. App.
233, 556 P.2d 82 (1976).
Matters to be handled in open
meetings. Discussion of matters not
contained in reports, and which do not
pertain to identifying information, are not
appropriate subjects for executive session.
Gillies v. Schmidt, 38 Colo. App. 233, 556
P.2d 82 (1976).
The child protection team's consideration
of questions other than those on specific
cases, such as agency availability and
responsiveness to reports of child abuse,
must be handled in meetings open to the
public. Gillies v. Schmidt, 38 Colo. App.
233, 556 P.2d 82 (1976).
An order to investigate under
subsection (3)(b) does not authorize
governmental officials to conduct a
warrantless search of a defendant's home
without defendant's consent. If a defendant
refuses to comply with the order, the
caseworkers' remedy is initiating contempt
proceedings, not entering the defendant's
home without consent. People v. Dyer, 2019
COA 161, 457 P.3d 783.
Applied in People v. Beruman, 638 P.2d
789 (Colo. 1982).
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.
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(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.)
Source: 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.
Cross references: For the legislative declaration in the 2010 act adding this section, see
section 1 of chapter 129, Session Laws of Colorado 2010.
19-3-308.5. Recorded interviews of child.
(1) Any interview of a child conducted pursuant to section 19 -3-308, concerning a report of
child abuse, may be audiotaped or videotaped. However, interviews concerning reports of sexual
child abuse are strongly encouraged to be videotaped. A competent interviewer at a child
advocacy center, as that term is defined in section 19 -1-103, that has a memorandum of
understanding with the agency responsible for the investigation or a competent interviewer for
the agency responsible for the investigation in acc ordance with such section shall conduct an
audiotaped or videotaped interview; except that an interview must not be videotaped when doing
so is impracticable under the circumstances or will result in trauma to the child, as determined by
the investigating agency. No more than one videotaped interview is required unless the
interviewer or the investigating agency determines that additional interviews are necessary to
complete an investigation. The same interviewer shall conduct additional interviews, to the
extent possible. The recordings must be preserved as evidence in the manner and for a period
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provided by law for maintaining such evidence. In addition, access to the recordings is subject to
the rules of discovery under the Colorado rules of criminal and civil procedure.
(2) The provisions of this section shall not apply to a videotaped deposition taken in
accordance with and governed by section 18 -3-413, C.R.S., or section 13 -25-132, C.R.S., and
rule 15 (d) of the Colorado rules of criminal procedure. In addition, this section shall not apply to
interviews of the child conducted after a dependency and neglect action or a criminal action has
been filed with the court.
(3) Any agency subject to the provisions of this section shall provide equipment necessary to
videotape or audiotape the interviews or shall enter into a memorandum of understanding with a
child advocacy center authorizing the use of such equipment. The investigating agency shall train
persons responsible for conducting videotaped interviews in accordance with this section; except
that the agency shall not be responsible for training interviewers employed by a child advocacy
center. The agency shall adopt standards for persons conducting such interviews.
(4) An agency that enters into a memorandum of understanding with a child advocacy center
that employs interviewers shall assure that such interviewers meet the training standards for
persons conducting interviews adopted by the agency pursuant to subsection (3) of this section.
In addition, an agency that enters into a memorandum of understanding with a child advocacy
center that provides technical assistance for forensic interviews, forensic medical examinations,
or evidence collection or preservation may require that the child advocacy center meets the
national performance standards for children's advocacy centers as established by the national
accrediting body. These standards include, but are not limited to, standards for forensic
interviews to be conducted in a manner which is of a neutral, fact -finding nature and coordinated
to avoid duplicative interviewing.
Source: L. 91: Entire section added, p. 229, § 5, effective May 24. L. 93: Entire section
amended, p. 1169, § 2, effective January 1, 1994. L. 2004: (1)(a) and (1)(e) amended and (1)(f)
added, p. 806, § 1, effective May 21; (1)(e)(II) repealed, p. 194, § 10, effective August 4. L.
2016: Entire section amended, (SB 16 -189), ch. 210, p. 760, § 32, effective June 6. L. 2021: (1)
amended, (SB 21-059), ch. 136, p. 731, § 74, effective October 1.
Editor's note: Amendments to subsection (1)(e) by House Bill 04 -1061 and Senate Bill 04 -
067 were harmonized.
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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.
Source: L. 87: Entire title R&RE, p. 770, § 1, effective October 1. L. 89: Entire section
amended, p. 916, § 7, effective July 1.
Editor's note: 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.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Claims of negligence not alleging bad
faith are not sustainable against this person
immunized by this section if good faith is
alleged by such person. Montoya by
Montoya v. Bebensee, 761 P.2d 285 (Colo.
App. 1988).
Though a parent is not among the
individuals required to report suspected
child abuse, with certain exceptions, any
person reporting suspected child abuse is
immune from civil liability if the report is
made in good faith. Lawson v. Stow, 2014
COA 26, 327 P.3d 340.
Section does not provide immunity for
actions not arising out of statutory duty to
report suspected child abuse, including
negligence and negligent infliction of
emotional distress. Montoya by Montoya v.
Bebensee, 761 P.2d 285 (Colo. App. 1988).
Statutory presumption of good faith
insufficient to support summary
judgment when the plaintiffs in their
pleading and affidavits assert facts which, if
true, would rebut the presumption. Martin v.
County of Weld, 43 Colo. App. 49, 598 P.2d
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532 (1979); Montoya by Montoya v.
Bebensee, 761 P.2d 285 (Colo. App. 1988).
Rebutting the "good -faith"exception.
To rebut a statutory presumption of good
faith, both a subjective and objective
component must be satisfied. The subjective
component requires evidence of evil motive,
and the objective component requires
evidence that the person acting in good faith
did not have any factual basis to believe that
activities had been performed that would
require him or her to make a report pursuant
to § 19 -3-304 (1). Credit Serv. Co. v.
Dauwe, 134 P.3d 444 (Colo. App. 2005).
Although this section immunizes a person
"participating in good faith in the making of
a report ... or otherwise performing his
duties or acting pursuant to this article", the
mere declaration of good faith by an affiant
is not sufficient to resolve that issue in the
face of a pleaded denial precluding summary
judgment. Martin v. County of Weld, 43
Colo. App. 49, 598 P.2d 532 (1979).
Immunity extends to employer of
employee making report if immunity is
properly granted for employee's actions.
Montoya by Montoya v. Bebensee, 761 P.2d
285 (Colo. App. 1988).
The grant of immunity provided by this
section does not extend to new acts of
exploitation admitted to by the defendant.
People v. Atencio, 780 P.2d 46 (Colo. App.
1989).
Applied in People v. Beruman, 638 P.2d
789 (Colo. 1982); Griffin v. Pate, 644 P.2d
51 (Colo. App. 1981).
19-3-309.5. Preconfirmation safety plan agreement - first-time minor incidents of child
abuse or neglect - rules.
(1) The county department and any person who is believed to be responsible for the abuse or
neglect of a child as a result of an investigation of a report of child abuse or neglect pursuant to
section 19-3-308 may agree to defer the filing of a confirmed report of child abuse or neglect
with the state department as required by section 19 -3-307 and enter into a safety plan agreement
when the following circumstances exist:
(a) The person who is believed to be responsible for the child abuse or neglect has had no
previous allegation of child abuse or neglect investigated;
(b) The child abuse or neglect that the person is believed to be responsible for is at the level
of a minor incident of abuse or neglect, as defined by rule of the state board;
(c) The person who is believed to be responsible for the minor incident of child abuse or
neglect and the county department decide on a mutually agreeable method for resolving the
issues related to the report; and
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(d) The requirements set forth in the safety plan agreement for resolving the issues related to
the report can be completed within sixty days after the report of child abuse or neglect is made to
the county department or the local law enforcement agency.
(2) (a) If a person who is believed to be responsible for the child abuse or neglect completes
the mutually agreed upon safety plan agreement entered into pursuant to subsection (1) of this
section, then the county department shall release him or her from the terms of the agreement and
shall not file a confirmed report of child abuse or neglect related to the incident with the state
department.
(b) If a person who is believed to be responsible for the child abuse or neglect does not
complete the mutually agreed upon safety plan agreement entered into pursuant to subsection (1)
of this section, as determined by the county department, then the county department shall file a
confirmed report of child abuse or neglect with the state department.
(c) Nothing in this section shall be construed to eliminate a county department's obligation to
report to the state department that there was an investigation of a report of abuse or neglect of a
child and to further report the county department's assessment of risk, the county department's
decision regarding a referral of the matter to child welfare services, and any county department
decision to defer the filing of a confirmed report of child abuse or neglect pursuant to this
section.
(3) Participation in a safety plan agreement by any county department and by any person
who is believed to be responsible for child abuse or neglect shall be at the discretion of the
person believed to be responsible for the child abuse or neglect. Nothing in this section shall be
construed to confer a right upon a person who is believed to be responsible for the abuse or
neglect of a child to enter into a safety plan agreement or to require a county department to enter
into a safety plan agreement with a person who is believed to be responsible for the abuse or
neglect of a child.
(4) Nothing in this section shall be construed to obligate a county department to expend
moneys to provide services to persons for the purpose of entering into a safety plan agreement
pursuant to this section.
(5) For purposes of this section, "safety plan agreement" means an agreement between the
county department and the person who is believed to be responsible for the abuse or neglect of a
child, developed pursuant to this section after a safety assessment is completed by the county
department that identifies conditions that will endanger the child, in order to fully address all
obvious safety concerns identified in the safety assessment.
(6) The state board shall promulgate rules to implement this section.
(7) An agreement to enter into a safety plan agreement pursuant to this section shall not
negate a person's right to appeal a later finding of child abuse or neglect.
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Source: L. 2004: Entire section added, p. 580, § 1, effective July 1.
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.
Source: L. 87: Entire title R&RE, p. 771, § 1, effective October 1.
Editor's note: 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.
19-3-310.5. Mediation - pilot program. (Repealed)
Source: 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.
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Editor's note: Subsection (11) provided for the repeal of this section, effective July 1, 1999.
(See L. 94, p. 1742.)
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.
Source: 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. 136, p. 1682, § 113, effective October 1.
Editor's note: 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.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Marital privilege inapplicable. The
marital privilege cannot be invoked to
exclude a spouse's testimony in a case
involving child abuse. People v. Corbett,
656 P.2d 687 (Colo. 1983).
Prior to 1989 amendment, plain
language of this section did not abolish
psychologist-patient privilege for
communications between social worker and
client concerning child abuse or neglect.
People v. Bowman, 812 P.2d 725 (Colo.
App. 1991).
Psychologist-patient privilege was not
abrogated under this section where the
provisions of this section do not concern
communications relating to ongoing
treatment of the victim and where the
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privilege is abrogated only with respect to
information that is the basis for a report of
suspected child abuse under § 19 -3-304.
People v. Dill, 904 P.2d 1367 (Colo. App.
1995), aff'd, 927 P.2d 1315 (Colo. 1996).
Testimony of psychologist concerning
report of alleged child abuse filed with
law enforcement was not a waiver of the
psychologist-patient privilege because this
section abrogates that privilege. Dill v.
People, 927 P.2d 1315 (Colo. 1996).
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.
Source: 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.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Editor's note: 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.
ANNOTATION
Law reviews. For article, "The Role of
Parents' Counsel in Dependency and Neglect
Proceedings — Part I", see 14 Colo. Law.
568 (1985). For article, "The Role of
Children's Counsel in Contested Child
Custody, Visitation and Support Cases", see
15 Colo. Law. 224 (1986).
The state must show that the condition
resulting from the alleged abuse is not
justifiably explained in an action to declare
children dependent or neglected. In re
People in Interest of R.K., 31 Colo. App.
459, 505 P.2d 37 (1972) (decided under
former § 19-10-108 as it existed prior to the
1975 repeal and reenactment of this article).
19-3-313. Central registry. (Repealed)
Source: 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 January 1, 1997; (6)(b),
(7)(b)(III), and (14) amended, p. 1173, § 9, effective January 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 January 1, 2004.
Cross references: For the legislative declaration contained in the 2003 act repealing this
section, see section 1 of chapter 196, Session Laws of Colorado 2003.
19-3-313.5. State department duties - reports of child abuse or neglect - training of
county departments - rules - notice and appeal process - confidentiality.
(1) Legislative declaration. As a result of the report of the state auditor evaluating the
performance of the state central registry of child protection released in November of 2001 and
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the subsequent repeal of the state central registry of child protection, the general assembly
hereby finds and declares that it is in the best interests of the children and the citizens of the state
of Colorado for the state department to modify the processing of records and reports of child
abuse or neglect. These modifications are intended to ensure that the state department is able to
provide reliable, accurate, and timely information concerning records and reports of child abuse
or neglect. In addition, these modifications are intended to ensure compliance with federal law
regarding the prompt expungement of any records or reports that are used for purposes of
employment checks or other background checks in cases determined to be unsubstantiated or
false, while allowing the state department to maintain such records and reports in case files for
the purpose of assisting in determinations of future risk and safety assessments. Finally, these
modifications are intended to ensure that the state department's procedural systems related to
records and reports of child abuse or neglect provide adequate protection to the children and the
citizens of the state of Colorado.
(2) Training of county departments. On or before January 1, 2004, the state department
shall modify the training provided to county departments to achieve consistency and
standardization in the performance of the following duties:
(a) Investigating reports of child abuse or neglect;
(b) Reporting confirmed incidents of child abuse or neglect to the state department;
(c) Preparing documents related to records and reports of child abuse or neglect;
(d) Entering data into computer systems maintaining information related to records and
reports of child abuse or neglect; and
(e) Maintaining confidentiality in accordance with federal and state law.
(3) Notice and appeals process - rules. On or before January 1, 2004, the state board, in
consideration of input and recommendations from the county departments, shall promulgate rules
to establish a process at the state level by which a person who is found to be responsible in a
confirmed report of child abuse or neglect filed with the state department pursuant to section 19 -
3-307 may appeal the finding of a confirmed report of child abuse or neglect to the state
department. At a minimum, the rules established pursuant to this subsection (3) must address the
following matters, consistent with federal law:
(a) The provision of adequate and timely written notice by the county departments of human
or social services or, for an investigation pursuant to section 19 -3-308 (4.5), by the agency that
contracts with the state, using a form created by the state department, to a person found to be
responsible in a confirmed report of child abuse or neglect of the person's right to appeal the
finding of a confirmed report of child abuse or neglect to the state department;
(b) The timeline and method for appealing the finding of a confirmed report of child abuse or
neglect;
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(c) Designation of the entity, which entity must be one other than a county department of
human or social services, with the authority to accept and respond to an appeal by a person found
to be responsible in a confirmed report of child abuse or neglect at each stage of the appellate
process;
(d) The legal standards involved in the appellate process and a designation of the party who
bears the burden of establishing that each standard is met;
(e) The confidentiality requirements of the appeals process; and
(f) Provisions requiring, and procedures in place that facilitate, the prompt expungement of
and prevent the release of any information contained in any records and reports that are
accessible to the general public or are used for purposes of employment or background checks in
cases determined to be unsubstantiated or false; except that the state department and the county
departments of human or social services may maintain information concerning unsubstantiated
reports in casework files to assist in future risk and safety assessments.
(4) Confidentiality - rules. On or before January 1, 2004, the state board shall promulgate
rules to establish guidelines for the release of information contained in records and reports of
child abuse or neglect for screening purposes to assure compliance with sections 19 -1-303 and
19-1-307 and any other state or federal law relating to confidentiality of records and reports of
child abuse or neglect. Rules promulgated by the state board shall address the following:
(a) How a request for information is to be processed;
(b) Who may be granted access to information;
(c) What information in the records and reports is to be made available to the person or entity
granted access;
(d) The purposes for which information contained in the records and reports may be made
available to the person or entity granted access; and
(e) The consequences of improper release of information related to records and reports of
child abuse or neglect.
Source: L. 2003: Entire section added, p. 1398, § 3, effective January 1, 2004. L. 2018: IP(3),
(3)(a), (3)(c), and (3)(f) amended, (SB 18-092), ch. 38, p. 419, § 54, effective August 8.
Cross references: For the legislative declaration contained in the 2003 act enacting this
section, see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative
declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
Colorado Revised Statutes 2026
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19-3-314. Confidentiality of records. (Repealed)
Source: 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.
Editor's note: 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).
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.
Source: L. 87: Entire title R&RE, p. 775, § 1, effective October 1. L. 94: Entire section
amended, p. 2683, § 200, effective July 1.
Editor's note: 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.
19-3-316. Protection orders and emergency protection orders. (Repealed)
Source: 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 January 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.
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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.
Source: L. 2016: Entire section added, (HB 16-1224), ch. 101, p. 291, § 3, effective January 1,
2017. L. 2021: Entire section amended, (SB 21-059), ch. 136, p. 731, § 75, effective October 1.
19-3-318. Study of child welfare caseworker resiliency programs - creation -
membership - report - repeal. (Repealed)
Source: L. 2017: Entire section added, (HB 17-1283), ch. 227, p. 881, § 2, effective May 22.
Editor's note: Subsection (6) provided for repeal of this section, effective September 1, 2018.
(See L. 2017, p. 881.)
19-3-319. Child advocacy centers - information sharing - civil immunity - definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Child advocacy center multidisciplinary team" means a group of professionals who
work collaboratively with a child advocacy center on behalf of children served by a child
advocacy center to share information to inform the investigation and prosecution of child
maltreatment and to coordinate services in response to reports of child maltreatment. A child
advocacy center multidisciplinary team must include, at a minimum, the following professionals:
(I) A member of a law enforcement agency;
(II) A district attorney or assistant district attorney;
(III) A member of the department's child protective services unit;
(IV) A local mental health provider;
(V) A local health-care provider;
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(VI) A victim advocate; and
(VII) Child advocacy center staff.
(b) "Child maltreatment" means conduct that involves sexual or physical abuse of a child,
neglect of a child, human trafficking of a child, or exploitation of a child.
(2) (a) The county department may share information that is relevant to the protection of a
child who is the subject of a child maltreatment case with the child advocacy center
multidisciplinary team working on behalf of the child.
(b) Members of a child advocacy center multidisciplinary team may share information that is
relevant to the protection of a child who is the subject of a child maltreatment case among the
child advocacy center multidisciplinary team and the county department.
(c) Any information shared among county departments and child advocacy center
multidisciplinary team members pursuant to subsections (2)(a) and (2)(b) of this section must:
(I) Remain confidential, except when disclosure is required by law, including the Colorado
rules of juvenile procedure;
(II) Be withheld from public inspection; and
(III) Only be used to the extent necessary for the county department or child advocacy center
multidisciplinary team to perform its duties.
(3) (a) A child advocacy center multidisciplinary team member who participates in good faith
in team discussions by providing information about a child whose case is being reviewed by a
child advocacy center multidisciplinary team is immune from any civil or criminal liability for
disclosure of information within the context of the child advocacy center multidisciplinary team,
unless the disclosure of information was due to gross negligence, wanton conduct, or intentional
wrongdoing.
(b) A board member, staff member, or volunteer of a child advocacy center is immune from
civil liability arising from the investigation of child maltreatment or disclosure of information
within the context of the child advocacy center multidisciplinary team for the benefit of the child
advocacy center if the person's acts were reasonable and performed in good faith. Immunity
extended pursuant to this subsection (3)(b) does not extend to acts of gross negligence, wanton
misconduct, or intentional wrongdoing arising out of the investigation of child maltreatment or
disclosure of information within the context of the child advocacy center multidisciplinary team
for the benefit of the child advocacy center. Immunity extended pursuant to this subsection (3)(b)
does not extend to actions that constitute medical negligence, as governed by the "Health Care
Availability Act" in part 1 of article 64 of title 13, or actions governed by the "Premises Liability
Act" in part 1 of article 21 of part 13.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Source: L. 2026: Entire section added, (HB 26-1142), ch. 44, p. 203, § 4, effective August 12.
Cross references: For the short title ("Colorado Child Advocacy Center Act") and the
legislative declaration in HB 26 -1142, see sections 1 and 2 of chapter 44, Session Laws of
Colorado 2026.
PART 4
TEMPORARY CUSTODY AND SHELTER
19-3-401. Taking children into custody.
(1) A child may be taken into temporary custody by a law enforcement officer without order
of the court:
(a) When the child is abandoned, lost, or seriously endangered in such child's surroundings
or seriously endangers others and immediate removal appears to be necessary for such child's
protection or the protection of others;
(b) When there are reasonable grounds to believe that such child has run away or escaped
from such child's parents, guardian, or legal custodian and the child's parents, guardian, or legal
custodian has not made a report to a law enforcement agency that the child has run away from
home; or
(c) When an arrest warrant has been issued for such child's parent or guardian on the basis of
an alleged violation of section 18 -3-304, C.R.S. No child taken into temporary custody pursuant
to this paragraph (c) shall be placed in detention or jail.
(1.3) A child shall be taken into temporary custody by a law enforcement officer without
order of the court when there are reasonable grounds to believe the child has run away from the
child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian
has made a report to a law enforcement agency that the child has run away from home.
(1.5) An emergency exists and a child is seriously endangered as described in paragraph (a)
of subsection (1) of this section whenever the safety or well -being of a child is immediately at
issue and there is no other reasonable way to protect the child without removing the child from
the child's home. If such an emergency exists, a child shall be removed from such child's home
and placed in protective custody regardless of whether reasonable efforts to preserve the family
have been made.
(2) The taking of a child into temporary custody under this section shall not be deemed an
arrest, nor shall it constitute a police record.
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(3) (a) Notwithstanding subsections (1) and (1.5) of this section and except as otherwise
provided in subsections (3)(b) and (3)(c) of this section, a newborn child, as defined in section
19-1-103, who is not in a hospital setting must not be taken into temporary protective custody for
a period of longer than twenty -four hours without an order of the court made pursuant to section
19-3-405 (1). The order must include findings that an emergency situation exists and that the
newborn child is seriously endangered as described in subsection (1)(a) of this section.
(b) A newborn child, as defined in section 19 -1-103, who is in a hospital setting must not be
taken into temporary protective custody without an order of the court made pursuant to section
19-3-405 (1). The order must include findings that an emergency situation exists and that the
newborn child is seriously endangered as described in subsection (1)(a) of this section. A
newborn child may be detained in a hospital by a law enforcement officer upon the
recommendation of a county department or by a physician, registered nurse, licensed practical
nurse, or physician assistant while an order of the court pursuant to section 19 -3-405 (1) is being
pursued, but the newborn child must be released if a court order pursuant to section 19 -3-405 (1)
is denied.
(c) The court orders required by subsections (3)(a) and (3)(b) of this section are not required
in the following circumstances:
(I) When a newborn child is identified by a physician, registered nurse, licensed practical
nurse, or physician assistant engaged in the admission, care, or treatment of patients as being
affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug
exposure;
(II) When the newborn child's only identifiable birth parent has been determined by a
physician, registered nurse, or qualified mental health professional to meet the criteria specified
in section 27-65-106 for custody, treatment, and evaluation of a mental health disorder or grave
disability;
(III) When both of the newborn child's birth parents have been determined by a physician,
registered nurse, or qualified mental health professional to meet the criteria specified in section
27-65-106 for custody, treatment, and evaluation of a mental health disorder or grave disability;
or
(IV) When the newborn child is subject to an environment exposing the newborn child to a
laboratory for manufacturing controlled substances as defined in section 18-18-102 (5), C.R.S.
(d) At the time a law enforcement officer takes a newborn child into temporary protective
custody, the law enforcement officer shall provide the notices required by sections 19 -3-402 and
19-3-212 directly to the newborn child's identifiable birth parent or parents in both verbal and
written form. Such notices may be provided to the child's identifiable birth parent or parents in a
language that the birth parent or parents understand, and the law enforcement officer may
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designate another person to assist him or her in providing such written and verbal notices to
fulfill this requirement, if necessary.
(e) If a newborn child is taken into temporary protective custody pursuant to this subsection
(3), the county department may contact the child's identifiable birth parent or parents to obtain
the names of any relatives or other persons in the parent's or parents' community who may be
appropriate, capable, and willing to care for the newborn child prior to the hearing required by
section 19-3-403. In addition, if the identifiable parent or parents are not citizens of the United
States, the county department may request the parent's or parents' consent to notify the parent's or
parents' government of origin of the situation and, if consent is given, may contact the parent's or
parents' government of origin.
Source: L. 87: Entire title R&RE, p. 775, § 1, effective October 1. L. 93: Entire section
amended, p. 1016, § 5, effective July 1. L. 2004: (3) added, p. 429, § 2, effective July 1. L. 2006:
(1)(b) amended and (1.3) added, p. 337, § 1, effective April 5. L. 2010: (3)(c)(II) and (3)(c)(III)
amended, (SB 10 -175), ch. 188, p. 791, § 43, effective April 29. L. 2016: (3)(b) and (3)(c)(I)
amended, (SB 16 -158), ch. 204, p. 727, § 16, effective August 10. L. 2017: IP(3)(c), (3)(c)(II),
and (3)(c)(III) amended, (SB 17-242), ch. 263, p. 1314, § 161, effective May 25. L. 2018: (3)(b)
amended, (SB 18 -092), ch. 38, p. 420, § 55, effective August 8. L. 2021: (3)(a) and (3)(b)
amended, (SB 21 -059), ch. 136, p. 731, § 76, effective October 1. L. 2022: (3)(c)(II) and
(3)(c)(III) amended, (HB 22-1256), ch. 451, p. 3232, § 35, effective August 10.
Editor's note: 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 -2-101 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 2004 act enacting subsection
(3), see section 1 of chapter 140, Session Laws of Colorado 2004. For the legislative declaration
in SB 16 -158, see section 1 of chapter 204, Session Laws of Colorado 2016. For the legislative
declaration in SB 17 -242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the
legislative declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of Colorado
2018.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-606-
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Officer justified in making warrantless
entry to secure safety of infant when mother
had stopped officer on patrol asking him to
help "get my baby back" after it had been
seized by father "who had been drinking"
and where father refused to allow officer
into apartment to check on crying infant.
People v. Malczewski, 744 P.2d 62 (Colo.
1987).
19-3-402. Duty of officer - notification - release or detention.
(1) When a child is taken into temporary custody, the officer shall notify a parent, guardian,
or legal custodian without unnecessary delay and inform him that, if the child is placed out of the
child's home, all parties have a right to a prompt hearing to determine whether the child is to
remain out of the child's home for a further period of time. Such notification may be made to a
person with whom the child is residing if a parent, guardian, or legal custodian cannot be located.
If the officer taking the child into custody is unable to make such notification, it may be made by
any other law enforcement officer, probation officer, detention center counselor, shelter care
provider, or common jailor in whose physical custody the child is placed.
(2) (a) The child shall then be released to the care of his or her parents or other responsible
adult, unless it is in the child's best interests and necessary for the child's welfare to be placed out
of the child's home. In the event the child is placed out of the child's home, if in the best interests
of the child, preference may be given to placing the child with the child's grandparent who is
appropriate, capable, willing, and available to care for the child. The court may make reasonable
orders as conditions of said release and may provide that any violation of such orders shall
subject the child or the child's parent, guardian, or legal custodian to contempt sanctions of the
court. The parent or other person to whom the child is released may be required to sign a written
promise, on forms supplied by the court, to bring the child to the court at a time set or to be set
by the court.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2) to the contrary,
when the child is part of a sibling group and the sibling group is being placed out of the home, if
the county department locates an appropriate, capable, willing, and available joint placement for
all of the children in the sibling group, it shall be presumed that placement of the entire sibling
group in the joint placement is in the best interests of the children. Such presumption may be
rebutted 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.
(3) (a) Except as provided in paragraph (b) of this subsection (3), a child shall not be
detained by law enforcement officials any longer than is reasonably necessary to obtain his
name, age, residence, and other necessary information and to contact his parents, guardian, or
legal custodian.
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Title 19 - Children's Code
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(b) If he is not released as provided in subsection (2) of this section, he shall be taken
directly to the court or to the place of detention, or a temporary holding facility, or a shelter
designated by the court without unnecessary delay.
(4) The officer or other person who takes a child to a detention or shelter facility or a
temporary holding facility shall notify the court and any agency or persons so designated by the
court at the earliest opportunity that the child has been taken into custody and where he has been
taken. He shall also promptly file a brief written report with the court and any agency or person
so designated by the court stating the facts which led to the child being taken into custody and
the reason why the child was not released.
Source: L. 87: Entire title R&RE, p. 776, § 1, effective October 1. L. 89: (1), (3)(b), and (4)
amended, p. 928, § 4, effective April 23. L. 90: (1) and (2) amended, p. 1034, § 1, effective April
3. L. 91: (2) amended, p. 264, § 7, effective May 31. L. 2003: (2) amended, p. 2622, § 2,
effective June 5.
Editor's note: 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 -2-102 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
This section does not broaden a
juvenile court's personal jurisdiction to
include nondependent siblings of a youth
in foster care or require the siblings to
attend therapeutic visitation with the youth.
In re People in Interest of S.A., 2022 CO 27,
511 P.3d 597.
19-3-403. Temporary custody - hearing - time limits - restriction - rules.
(1) A child who must be taken from his or her home but who does not require physical
restriction may be given temporary care with his or her grandparent, upon the grandparent's
request, if in the best interests of the child, in a shelter facility designated by the court or with the
county department of human or social services and must not be placed in detention. If an
appropriate shelter facility does not exist, the child may be placed in a staff -secure temporary
holding facility authorized by the court.
(2) When a child is placed in a shelter facility or a temporary holding facility not operated by
the department of human services designated by the court, the law enforcement official taking
the child into custody shall promptly so notify the court. He shall also notify a parent or legal
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Title 19 - Children's Code
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guardian or, if a parent or legal guardian cannot be located within the county, the person with
whom the child has been residing and inform him of the right to a prompt hearing to determine
whether the child is to be detained further. The court shall hold such hearing within forty -eight
hours, excluding Saturdays, Sundays, and legal holidays. A child requiring physical restraint may
be placed in a juvenile detention facility operated by or under contract with the department of
human services for a period of not more than twenty -four hours, including Saturdays, Sundays,
and legal holidays.
(3) Repealed.
(3.5) When temporary custody is placed with the county department of human or social
services pursuant to this section or section 19 -3-405 or when an emergency protection order is
entered pursuant to section 19 -3-405, the court shall hold a hearing within seventy -two hours
after placement, excluding Saturdays, Sundays, and court holidays, to determine further custody
of the child or whether the emergency protection order should continue. Such a hearing need not
be held if a hearing has previously been held pursuant to subsection (2) of this section.
(3.6) (a) (I) The office of the state court administrator shall prepare a form affidavit and
advisement. The form affidavit and advisement shall be available at each judicial district to each
parent attending a temporary custody hearing. The form affidavit and advisement shall:
(A) Advise the parent that he or she is required to provide the requested information fully
and completely under penalties of perjury and contempt of court;
(B) Require the parent to list the names, addresses, and telephone numbers of, and any
comments concerning the appropriateness of the child's potential placement with, every
grandparent, aunt, uncle, brother, sister, half-sibling, and first cousin of the child;
(C) Provide a section in which the parent may list the names, addresses, telephone numbers
of, and any comments concerning the appropriateness of the child's potential placement with,
other relatives and kin who have a significant relationship with the child;
(D) Advise the parent that failure to identify these relatives in a timely manner may result in
the child being placed permanently outside of the home of the child's relatives, if the child cannot
be safely returned to the home of the child's parents;
(E) Advise the parent that the child may risk life -long damage to his or her emotional well -
being if the child becomes attached to one caregiver and is later removed from the caregiver's
home;
(F) Require the parent to acknowledge that he or she understands the advisements contained
in the form; and
(G) Require the parent to sign and date the form.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(II) At the hearing, information may be supplied to the court in the form of written or oral
reports, affidavits, testimony, or other relevant information that the court may wish to receive.
Any information having probative value may be received by the court, regardless of its
admissibility under the Colorado rules of evidence.
(III) The court shall advise the parents that the child or youth may be placed with a relative
or kin. The court shall order the parents to complete the form affidavit and advisement described
in subsection (3.6)(a)(I) of this section no later than seven days after the hearing date or prior to
the next hearing on the matter, whichever occurs first. The original completed relative affidavit
must be filed with the court and served on all parties no later than seven days after the hearing
date. The court shall ask the parent if there are any changes to the information on the relative or
kin affidavit at hearings held pursuant to sections 19 -3-507 and 19 -3-702, and if the parent has
not completed the relative or kin affidavit, the court shall ask the parent, on the record, for names
and contact information for relatives and kin whom the parent would like considered for
engagement in the case. Each parent, the guardian ad litem or counsel for youth, and counsel for
each parent, if any, must also receive copies of the completed form affidavit. The court may
advise each parent of the penalties associated with perjury and contempt of court, if necessary.
Each parent may suggest an adult relative or relatives, or kin, whom the parent believes to be the
most appropriate caretaker or caretakers for the child or youth. If appropriate, the child or youth
must be consulted regarding suggested relative or kin caretakers. The court shall order each
parent to notify every relative or kin who may be an appropriate relative or kin caretaker for the
child or youth that failure to come forward in a timely manner may result in the child or youth
being placed permanently outside of the home of the relatives or kin of the child or youth if the
child or youth is not able to return to the child's or youth's home. In addition, the court shall
advise each parent that failure to identify these relatives or kin in a timely manner may result in
the child or youth being placed permanently outside of the home of the relatives or kin of the
child or youth.
(IV) The court shall order a county department to exercise due diligence and document its
diligent efforts to contact all grandparents and other adult relatives and identified kin within
thirty days after the removal of the child or youth and to inform them about placement
possibilities for the child or youth, unless the court determines there is good cause not to contact
or good cause to delay contacting the child's or youth's relatives and kin, including, but not
limited to, family or domestic violence.
(A) A county department of human or social services shall provide notice to the relatives and
identified kin that the child or youth has been removed from the child's or youth's home, an
explanation of the various options to participate in the child's or youth's care or placement and
options that may be available to support the child's or youth's family, and options that may be
lost by failing to respond.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(B) The notice must include information about providing care for the child or youth while
the family receives reunification services, with the goal of returning the child or youth to the
parent or legal guardian; the relative's right to intervene in the proceedings with or without an
attorney following adjudication; and additional services and supports that are available in out -of-
home placements. The notice must also include information regarding the state's entitlement
plans, including, but not limited to, child care assistance, supplemental nutritional assistance
programs, the relative guardianship assistance program, child -only eligibility for temporary
assistance for needy families (TANF), and adoption assistance, as well as other options for
contact. Information about family foster care certification, including how to obtain a provisional
certification, and supports that are available for relatives and kin and children or youth and what
background checks are required, as well as how relatives or kin may request the court review
decisions to deny placement based on background checks and why certification as a kinship
foster home may be denied, must also be provided in the notice.
(C) The state department of human services, in consultation with counties, the office of the
child's representative, and the office of respondent parents' counsel, along with other interested
stakeholders, shall develop the written notice and promulgate rules for the implementation of this
section.
(D) The county department of human or social services shall request each such relative and
identified kin who is interested in becoming a placement option for the child or youth to come
forward at the earliest possible time to seek placement of the child or youth in the relative's or
kin's home and to cooperate with the county department of human or social services to expedite
procedures pertaining to the placement of the child or youth in the relative's or kin's home if the
child or youth cannot be safely returned to the child's or youth's parents' home.
(V) (A) The court shall give preference to giving temporary placement to a child's or youth's
relative or kin who is capable, willing, and available for care. Placement of the child or youth
with the relative or kin is presumed to be in the best interests of the child or youth. The
presumption may be rebutted by a preponderance of the evidence, giving primary consideration
to the child's or youth's mental, physical, and emotional needs, including the child's or youth's
preference regarding placement. The court shall also find that there is no suitable birth or
adoptive parent available, with due diligence having been exercised in attempting to locate the
birth or adoptive parent. A parent's objection to placement with a particular relative or kin is not
alone sufficient to show that the proposed placement would hinder reunification. The court may
place or continue custody with the county department of human or social services if the court is
satisfied from the information presented at the hearing that the custody is appropriate and in the
child's or youth's best interests, or the court may enter other orders as appropriate.
(B) The court may authorize the county department of human or social services with custody
of a child or youth to place the child or youth with a relative or kin without the necessity for a
hearing if a county department of human or social services locates a capable and willing relative
Colorado Revised Statutes 2026
Title 19 - Children's Code
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or kin who is available to care for the child or youth and the guardian ad litem of the child or
youth concurs that the placement is in the best interests of the child or youth. If the county
department of human or social services places a child or youth with a relative or kin without a
hearing pursuant to this subsection (3.6)(a)(V)(B), the county department of human or social
services shall fully inform the court of the details concerning the child's or youth's placement on
the record at the next hearing. If the court enters an order removing a child or youth from the
home or continuing a child or youth in a placement out of the home, the court shall make the
findings required pursuant to section 19-1-115 (6) if the findings are warranted by the evidence.
(VI) The responsible county department of human or social services or other social services
agency shall exercise due diligence to contact and engage relatives and kin who respond to the
notice required pursuant to subsection (3.6)(a)(IV) of this section. Upon a request by a relative or
kin or party to the proceedings, the court may conduct a review of the applicable agency's due
diligence to contact and engage relatives and kin pursuant to subsection (3.6)(a)(IV) of this
section. If the court finds that the applicable agency did not exercise due diligence to contact and
engage relatives and kin who responded to the notice, the court may order the applicable agency
to exercise due diligence by engaging the relatives and kin in the following activities related to
the care and planning for a child or youth, determined in consultation with the other parties:
(A) Participating in case planning for the child or youth and the child's or youth's parent,
including identifying services and resources that meet the individualized needs of the child or
youth and the child's or youth's parent. A relative's or kin's participation in case planning may be
in person, via phone, or by electronic means.
(B) Identifying the strengths and needs of the child or youth and the child's or youth's parent;
(C) Asking the responsible county department of human or social services, or other social
services agency, to consider the relative or kin for placement with the child or youth pursuant to
subsection (3.6)(a)(IV)(D) of this section;
(D) Acting as a support person for the child or youth, the child's or youth's parent, and the
child's or youth's current caregiver, including collaborating with foster parents to support a
healthy transition for a child or youth to family time or placement with a relative, when
appropriate;
(E) Supervising family time when authorized pursuant to section 19-3-217;
(F) Providing respite care for the child or youth and having family vacation time with the
child or youth;
(G) Providing transportation;
(H) Suggesting other relatives or kin who may be able to participate in the case plan or
whom the county department of human or social services, or other social services agency, may
consider for the placement of the child or youth. The county department of human or social
Colorado Revised Statutes 2026
Title 19 - Children's Code
-612-
services, or other social services agency, shall send a notice to each relative or kin identified by
other relatives or kin, unless a relative or kin received the notice earlier in the case or was ruled
out as a resource or placement by the court.
(I) Helping maintain the child's or youth's familiar and regular activities, as well as contact
with the child's or youth's friends, relatives, and kin, including providing supervision of the child
or youth at family gatherings and events; and
(J) Participating in the child's or youth's family and permanency team if the child or youth is
placed in a qualified residential treatment program.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (3.6) to the contrary,
when the child is part of a sibling group and the sibling group is being placed out of the home, if
the county department locates an appropriate, capable, willing, and available joint placement for
all of the children in the sibling group, the court shall presume that placement of the entire
sibling group in the joint placement is in the best interests of the children. Such presumption may
be rebutted 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.
(c) A relative or kin caregiver has the right to:
(I) Be treated with dignity and respect and to be considered as a team member who is making
important contributions to the objectives of the child welfare system, including the reunification
of the child or youth with the child's or youth's parents whenever safely possible;
(II) Receive training and support from the state department of human services or a county
department of human or social services to improve the caregiver's skills in providing daily care
and meeting the special needs or disability -related needs of a child or youth in the caregiver's
care;
(III) Be informed by the applicable child placement agency or county department of human
or social services about how to reach after-hours contacts; and
(IV) Be informed about available financial assistance and the financial consequences of not
pursuing certification as a foster home, including ineligibility for the state's relative guardianship
assistance program.
(3.7) A child who is alleged to be a runaway from a state other than Colorado may be held in
a shelter care or other appropriate facility for up to seven days, during which time arrangements
shall be made for returning the child to the state of his residence.
(4) (a) If it appears that any child being held in a shelter facility may have an intellectual and
developmental disability, as provided in article 10.5 of title 27, the court shall refer the child to
the nearest case management agency, as defined in section 25.5 -6-1702, for an eligibility
determination. If it appears that any child being held in a shelter facility pursuant to this article 3
Colorado Revised Statutes 2026
Title 19 - Children's Code
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may have a mental health disorder, as provided in section 27 -65-106, the intake personnel or
other appropriate personnel shall contact a mental health professional to do a mental health
disorder prescreening on the child. The court must be notified of the contact and may take
appropriate action. If a mental health disorder prescreening is requested, it must be conducted in
an appropriate place accessible to the child and the mental health professional. A request for a
mental health disorder prescreening must not extend the time within which a hearing is to be held
pursuant to this section. If a hearing has been set but has not yet occurred, the mental health
disorder prescreening must be conducted prior to the hearing; except that the prescreening must
not extend the time within which a hearing is to be held pursuant to this section.
(b) If a child has been ordered detained pending an adjudication, disposition, or other court
hearing and the child subsequently appears to have a mental health disorder, as provided in
section 27 -65-106, the intake personnel or other appropriate personnel shall contact the court
with a recommendation for a mental health disorder prescreening. A mental health disorder
prescreening must be conducted at any appropriate place accessible to the child and the mental
health professional within twenty-four hours after the request, excluding Saturdays, Sundays, and
legal holidays.
(c) If the mental health professional finds, as a result of the prescreening, that the child may
have a mental health disorder, the mental health professional shall recommend to the court that
the child be evaluated pursuant to section 27 -65-106, and the court shall proceed as provided in
section 19-3-506.
(d) Nothing in this subsection (4) precludes the use of procedures for an emergency mental
health hold pursuant to section 27-65-106.
(5) The court may, at any time, order the release of any child being held pursuant to section
19-3-401 from shelter care or a temporary holding facility not operated by the department of
human services without holding a hearing, either without restriction or upon written promise of
the parent, guardian, or legal custodian to bring the child to the court at a time set or to be set by
the court.
(6) (a) After making a reasonable effort to obtain the consent of the parent, guardian, or other
legal custodian, the court may authorize or consent to medical, surgical, or dental treatment or
care for a child placed in shelter care or a temporary holding facility not operated by the
department of human services.
(b) When the court finds that emergency medical, surgical, or dental treatment is required for
a child placed in shelter care or a temporary holding facility not operated by the department of
human services, it may authorize such treatment or care if the parents, guardian, or legal
custodian are not immediately available.
(7) The court may also issue temporary orders for legal custody as provided in section 19-1-
115. The court shall enter family time orders consistent with section 19-3-217.
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(8) Any law enforcement officer, employee of the division in the department of human
services responsible for youth services, or other person acting under the direction of the court
who in good faith transports any child, releases any child from custody pursuant to a written
policy of a court, releases any child from custody pursuant to any written criteria established
pursuant to this title, or detains any child pursuant to court order or written policy or criteria
established pursuant to this title shall be immune from civil or criminal liability that might
otherwise result by reason of such act. For purposes of any proceedings, civil or criminal, the
good faith of any such person shall be presumed.
(9) If the sole issue preventing an emergency placement of a child with a relative or kin is a
lack of resources, the county department shall use reasonable efforts to assist the relative or kin
with obtaining the necessary items within existing available resources.
Source: L. 87: Entire title R&RE, p. 776, § 1, effective October 1. L. 89: (1), (2), (3)(a), (5),
and (6) amended, p. 928, § 5, effective April 23. L. 90: (2), (4)(a), (5), and (6) amended, (3)
repealed, and (3.5) to (3.7) added, pp. 1035, 1037, §§ 2, 6, effective April 3; (8) added, p. 1019, §
6, effective April 20; (3.5) amended, p. 1033, § 24, effective July 1. L. 91: (1) and (3.6)
amended, p. 264, § 8, effective May 31. L. 93: (3.6) amended, p. 2016, § 6, effective July 1. L.
94: (2), (5), (6), and (8) amended, p. 2683, § 201, effective July 1. L. 97: (3.5) amended, p. 518,
§ 6, effective July 1. L. 2000: (3.6) amended, p. 1123, § 1, effective August 2. L. 2001: (3.6)
amended, p. 846, § 8, effective June 1. L. 2003: (3.6) amended, p. 2623, § 3, effective June 5. L.
2005: (3.6) amended, p. 676, § 2, effective July 1. L. 2006: (4) amended, p. 1401, § 57, effective
August 7. L. 2009: (3.6)(a)(III) and (3.6)(a)(IV) amended, (SB 09 -245), ch. 436, p. 2423, § 1,
effective June 4. L. 2010: (4) amended, (SB 10-175), ch. 188, p. 791, § 44, effective April 29. L.
2017: (4) amended, (SB 17 -242), ch. 263, p. 1314, § 162, effective May 25. L. 2018: (1), (3.5),
and (3.6)(a)(V) amended, (SB 18 -092), ch. 38, p. 420, § 56, effective August 8. L. 2021: (7)
amended, (HB 21-1101), ch. 481, p. 3427, § 2, effective September 1; (4)(a) amended, (HB 21 -
1187), ch. 83, p. 327, § 10, effective July 1, 2024. L. 2022: (4)(a), (4)(b), (4)(c), and (4)(d)
amended, (HB 22 -1256), ch. 451, pp. 3232, 3233, §§ 36, 37, effective August 10; (3.6)(a)(III)
amended, (HB 22-1038), ch. 92, p. 442, § 26, effective January 9, 2023. L. 2023: (7) amended,
(HB 23-1027), ch. 284, p. 1683, § 15, effective June 1; (3.6)(a)(III), (3.6)(a)(IV), and (3.6)(a)(V)
amended and (3.6)(a)(VI), (3.6)(c), and (9) added, (HB 23 -1024), ch. 367, p. 2205, § 3, effective
August 7. L. 2026: IP(3.6)(a)(IV) and (3.6)(a)(IV)(B) amended, (HB 26-1374), ch. 171, p. 1009,
§ 3, effective May 27; IP(3.6)(a)(IV) and (3.6)(a)(V) amended, (HB 26 -1314), ch. 271, p. 1533,
§ 4, effective June 1.
Editor's note: (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 -2-103
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
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(2) Amendments to subsection IP(3.6)(a)(IV) by HB 26 -1314 and HB 26 -1374 were
harmonized.
Cross references: For the legislative declaration contained in the 2001 act amending
subsection (3.6), see section 1 of chapter 241, Session Laws of Colorado 2001. For the
legislative declaration contained in the 2005 act amending subsection (3.6), see section 1 of
chapter 194, Session Laws of Colorado 2005. For the legislative declaration in SB 17 -242, see
section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB
18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative
declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. For the
legislative declaration in HB 23 -1024, see section 1 of chapter 367, Session Laws of Colorado
2023. For the legislative declaration in HB 23 -1027 see section 1 of chapter 284, Session Laws
of Colorado 2023. For the legislative declaration in HB 26 -1314, see section 1 of chapter 271,
Session Laws of Colorado 2026.
ANNOTATION
Law reviews. For article, "Disclosure and
Discovery in Dependency and Neglect
Cases", see 54 Colo. Law. 44 (Jan. -Feb.
2025).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Shelter hearing is a preadjudicatory
stage of the case and is not intended to
resolve the rights of natural parents to the
legal custody of their child. S.L. v. Dist.
Court, 676 P.2d 12 (Colo. 1984); W.H. v.
Juvenile Court, 735 P.2d 191 (Colo. 1987).
A temporary custody hearing under
subsection (3.5) is a true judicial
proceeding because it bears all the
hallmarks of a typical judicial proceeding,
even though it occurs early on in a child -
abuse investigation. Berryman v. Niceta, 143
F.4th 1134 (10th Cir. 2025).
A witness is entitled to absolute
immunity for statements made during
witness testimony at the custody hearing.
Berryman v. Niceta, 143 F.4th 1134 (10th
Cir. 2025).
The policies underlying both the
expedited procedures and sibling group
preference do not permit the application
of the shorter incarceration period so as to
terminate parental rights concerning an older
child whose parent is subject to the longer
incarceration period. The termination of
parental rights concerning the older child
must still be subject to the longer allowable
incarceration period. People ex rel. T.M.,
240 P.3d 542 (Colo. App. 2010).
Colorado Revised Statutes 2026
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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.
Source: L. 2022: Entire section added, (HB 22-1056), ch. 383, p. 2740, § 3, effective June 7.
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.
Colorado Revised Statutes 2026
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Source: 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.
Editor's note: 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.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
19-3-405. Temporary protective custody.
(1) In addition to other powers granted to the court for the protection of children, the court
may issue verbal or written temporary protective custody orders or emergency protection orders,
or both. Each judicial district shall be responsible for making available a person appointed by the
judge of the juvenile court, who may be the judge, a magistrate, or any other officer of the court,
to be available by telephone at all times to act with the authorization and authority of the court to
issue such orders.
(2) (a) Temporary protective custody orders may be requested by the county department of
human or social services, a law enforcement officer, an administrator of a hospital in which a
child reasonably believed to have been neglected or abused is being treated, or any physician
who has before him or her a child he or she reasonably believes has been abused or neglected,
whether or not additional medical treatment is required, if such person or department believes
that the circumstances or conditions of the child are such that continuing the child's place of
residence or in the care and custody of the person responsible for the child's care and custody
would present a danger to that child's life or health in the reasonably foreseeable future.
(b) Emergency protection orders may be requested by the county department of human or
social services, a law enforcement officer, an administrator of a hospital in which a child
reasonably believed to have been neglected or abused is being treated, or any physician who has
before him or her a child the physician reasonably believes has been abused or neglected,
whether or not additional medical treatment is required, if such person or department believes
that the child is able to remain safely in the child's place of residence or in the care and custody
of the person responsible for the child's care and custody only if certain emergency protection
orders are entered. An emergency protection order may include but is not limited to:
(I) Restraining a person from threatening, molesting, or injuring the child;
(II) Restraining a person from interfering with the supervision of the child; or
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Title 19 - Children's Code
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(III) Restraining a person from having contact with the child or the child's residence.
(3) The county department of human or social services must be notified of such action
immediately by the court -appointed official in order that child protection proceedings may be
initiated.
(4) In any case, such temporary protective custody or emergency protection shall not exceed
seventy-two hours, excluding Saturdays, Sundays, and court holidays.
Source: L. 90: Entire section added, p. 1036, § 3, effective April 3. L. 91: (1) amended, p.
363, § 34, effective April 9. L. 97: Entire section amended, p. 519, § 7, effective July 1. L. 2018:
(2)(a), IP(2)(b), and (3) amended, (SB 18-092), ch. 38, p. 421, § 58, effective August 8.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Law reviews. For article, "Disclosure and
Discovery in Dependency and Neglect
Cases", see 54 Colo. Law. 44 (Jan. -Feb.
2025).
Temporary protective custody orders
are not subject to appeal. Temporary
protective custody orders are interim orders
pending a final factual determination of the
allegations set forth in the petition in
dependency or neglect. Because they are of
short duration and terminate with the ruling
of the preliminary injunction, an immediate
appeal is not necessary to protect the rights
of the parties. People ex rel. M.W., 140 P.3d
231 (Colo. App. 2006).
19-3-406. Relatives or kin as providers of emergency, nonemergency, or continued
placement for children or youth - initial criminal history record check - fingerprint-based
criminal history record check - criteria for disqualification - use of criminal justice records
- rules - definitions.
(1) (a) (I) Any time a child or youth is taken into temporary custody by a law enforcement
officer and any time the court places temporary custody of a child or youth with a county
department, or the county department has the legal authority for placement pursuant to this part
4, and a relative or kin, as defined in section 19 -1-103, is identified as a potential emergency
placement for the child or youth, the county department or a local law enforcement agency shall
immediately conduct an initial criminal history record check of the relative or kin and any adult
Colorado Revised Statutes 2026
Title 19 - Children's Code
-619-
who resides at the home prior to the county department or the law enforcement officer placing
the child or youth in the emergency placement.
(II) A county department may perform initial criminal history record checks through its staff
or may collaborate with local law enforcement agencies to perform the initial criminal history
record checks. When a county department has temporary custody of a child or youth pursuant to
this part 4 and contacts the local law enforcement agency for an initial criminal history record
check of the relative or kin and any adult who resides at the home pursuant to this section, the
local law enforcement agency shall immediately provide the county department with a verbal
response regarding the relative's or kin's and any adult who resides at the home's criminal history
and shall not provide the county department with documentation of the relative's or kin's and any
adult who resides at the home's criminal history, consistent with Public Law 92 -544, and its
regulations promulgated, as amended.
(b) The child or youth may not be placed with the relative or kin if the initial criminal history
record check conducted pursuant to subsection (1)(a) of this section reflects a criminal history, as
described in subsection (5) of this section.
(c) The child or youth may be placed with the relative or kin if the initial criminal history
record check does not reflect a criminal history, as described in subsection (5) of this section.
After placement, the relative or kin and any adult who resides at the home who are not
disqualified based upon the results of the initial criminal history record check conducted
pursuant to subsection (1)(a) of this section shall complete a fingerprint -based criminal history
record check as described in subsection (2) of this section.
(2) (a) A relative or kin and any adult who resides at the home who are not disqualified as an
emergency placement for a child or youth pursuant to subsection (1)(c) of this section and who
are authorized for placement of a child or youth on an emergency basis pursuant to this part 4
shall submit a complete set of fingerprints to the county department or through another
designated third party approved by the Colorado bureau of investigation no later than seven
calendar days after the child or youth is placed in the relative's or kin's home or no later than
fourteen calendar days when exigent circumstances exist. The county department or Colorado
bureau of investigation -approved designated third party shall forward the complete set of
fingerprints to the Colorado bureau of investigation to perform the fingerprint -based criminal
history record check pursuant to subsection (4) of this section.
(b) If the relative or kin or any adult who resides at the home fails to submit a complete set
of fingerprints, the county department shall notify the parties to the case. Within seventy -two
hours of notification, any party wanting the child or youth to remain in that placement shall file a
motion with the court regarding placement of the child or youth. The county department or a law
enforcement officer, as appropriate, shall remove the child or youth from the physical custody of
the relative or kin if no party, with proper notification, has filed a motion to maintain the child or
youth in the placement within seventy -two hours. The county department shall confirm within
Colorado Revised Statutes 2026
Title 19 - Children's Code
-620-
fourteen calendar days after the child or youth has been placed with the relative or kin that the
relative or kin and any adult who resides at the home submitted a complete set of fingerprints
within the time period specified by this subsection (2).
(3) A county department shall initiate or request that a local law enforcement agency initiate
a fingerprint -based criminal history record check of the relatives or kin and any adult who
resides at the home prior to placing a child or youth with a relative or kin on a non -emergency
basis, when the child or youth is placed on a non -court-involved basis, when the county
department has temporary legal custody, or when the county has the legal authority for
placement of a child or youth.
(4) (a) A fingerprint -based criminal history record check, as described in subsection (2) of
this section, must be completed by local law enforcement, the county department, or another
designated third party approved by the Colorado bureau of investigation. The county department
shall conduct all of the other required background checks described in this section. If an
approved third party takes the fingerprints, the fingerprints may be electronically captured using
Colorado bureau of investigation -approved livescan equipment. Third -party vendors shall not
keep the information for more than thirty days, unless requested to do so by the relative or kin
and any adult who resides at the home.
(b) When a relative or kin and any adult who resides at the home submit a complete set of
fingerprints to the county department, the county department shall immediately forward the
fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint -
based criminal history record check. Upon receipt of fingerprints and payment for the costs, the
Colorado bureau of investigation shall conduct a state and national fingerprint -based criminal
history record check utilizing records of the Colorado bureau of investigation and the federal
bureau of investigation. The Colorado bureau of investigation shall immediately forward the
results of the state and national fingerprint -based criminal history record checks conducted
pursuant to this section to the county department or local law enforcement agency authorized to
receive the information. If the fingerprint -based criminal history record check indicates that the
relative or kin and any adult who resides at the home have a criminal history described in
subsection (5) of this section, the county department or the local law enforcement officer,
whichever is appropriate, shall remove the child or youth from the placement, unless there is a
motion regarding placement pending before the court, or if no party, with proper notification, has
filed a motion to maintain the child or youth in the placement within seventy -two hours, and
shall not place a child or youth in the home where a person with the criminal conviction resides
without a court order affirming placement of the child or youth in the home or pursuant to state
board rules. The court may order the reports of fingerprint -based criminal history record checks
from the Colorado bureau of investigation or from the federal bureau of investigation that were
relied upon by the county to evaluate the placement to be released by the county department after
providing an opportunity for the individual whose results would be released to object or request
appropriate protections or redactions.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(5) A county department or a local law enforcement agency shall not place or continue the
placement of a child or youth in a home where a person has a criminal history of one or more of
the following convictions, as "conviction" is defined in subsection (12) of this section:
(a) Felony child abuse, as described in section 18-6-401;
(b) Murder in the first degree, as described in section 18-3-102; murder in the second degree,
as described in section 18 -3-103; manslaughter, as described in section 18 -3-104; criminally
negligent homicide, as described in section 18 -3-105; and vehicular homicide, as described in
section 18-3-106;
(c) Kidnapping in the first or second degree, as described in sections 18 -3-301 and 18-3-302;
or felony false imprisonment, as described in section 18-3-303;
(d) A felony crime of violence enhancer, as defined in section 18-1.3-406 (2)(a)(I), excluding
the conviction of escape;
(e) An offense involving unlawful sexual behavior, as defined in section 16 -22-102 (9),
including sexual exploitation of a child, human trafficking for sexual servitude, and human
trafficking of a minor for sexual servitude;
(f) A felony, the underlying factual basis of which has been found by the court to include an
act of domestic violence, as defined in section 18-6-800.3, within the preceding five years;
(g) A felony involving physical assault, as described in section 18 -3-202 or 18-3-203, within
the preceding five years;
(h) A felony drug-related offense within the preceding three years. If the relative or kin has a
felony drug-related conviction less than five years prior, any kinship or guardianship assistance
payments on behalf of the child or youth must not be made with federal money provided
pursuant to Title IV-E of the federal "Social Security Act", as amended.
(i) A pattern of misdemeanor convictions related to domestic violence, as defined by rule of
the state board, within the preceding five years; or
(j) An offense in any other state, the elements of which are substantially similar to the
elements of any one of the offenses described in subsections (5)(a) to (5)(i) of this section.
(6) If a relative or kin was not disqualified as a placement based upon the initial criminal
history record check or the fingerprint -based criminal history record checks of any adult who
resides at the home, the county department shall perform the following additional background
checks of the relative or kin and any adult who resides at the home prior to placement:
(a) A check of the Colorado courts data access system to determine the status or disposition
of any criminal charges;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(b) A check of the state department's child welfare information system and the equivalent
registries and databases in other states if the individual has resided in another state in the prior
five years, as prescribed by rule, for information to inform decisions about placement to
determine if the relative or kin and any adult who resides at the home have been identified as
having a finding of child abuse or neglect; and
(c) A check against the state's sex offender registry and against the national sex offender
public registry operated by the United States department of justice that checks names and
addresses against the known names and addresses in the registries and the interactive database
system for Colorado and the equivalent registries and databases in other states if the individual
has resided in another state in the prior five years, as prescribed in rule, to determine if a relative
or kin or any adult who resides in the home is a registered sex offender.
(7) A county department shall not leave a child or youth in placement or place a child or
youth with a relative or kin if the relative or kin or any adult who resides in the home:
(a) Has been convicted of any of the crimes listed in subsection (5) of this section; or
(b) Has been identified as having a child abuse or neglect -founded finding through a check
of the child welfare information system within the preceding five years and that finding has been
determined to present an unsafe placement for the child or youth, unless there is an appeal
pending for the founded finding; or
(c) Is a registered sex offender in the sex offender registry created pursuant to section 16 -22-
110, or is a registered sex offender as determined by a check of the national sex offender registry
operated by the United States department of justice.
(8) A county department may make a placement with or allow continued placement with a
relative or kin who would otherwise be disqualified pursuant to subsection (7) of this section if
such placement occurs according to the rules promulgated by the state board or if there is a court
order affirming placement of the child or youth with the relative or kin. When another child or
youth subsequently needs placement in the same home, the county department may place that
child or youth with a relative or kin who would otherwise be disqualified pursuant to subsection
(7) of this section based on the previous determination with regard to the background check. The
relative or kin shall still comply with the requirements of subsection (2) of this section, and the
county department or the court shall affirm placement of the subsequent child or youth.
(9) The state board shall promulgate rules related to background checks of relatives or kin
and placement of children or youth with relatives or kin, consistent with the provisions contained
in part 3 of article 72 of title 24.
(10) Notwithstanding any other provision of this section, if the county department verifies
and documents that all of the criminal history record checks and other background checks
described in this section have been completed in the preceding three months for a relative or kin
Colorado Revised Statutes 2026
Title 19 - Children's Code
-623-
and any adult who resides in the home, the county department does not need to repeat the
fingerprint-based criminal history record check of that relative or kin and any adult who resides
in the home; except that the county department shall repeat the other background checks
described in this section and contact local law enforcement to determine if there were any new
charges for offenses filed against that relative or kin and any adult who resides in the home
during the preceding three months since the last fingerprint-based criminal history record check.
(11) (a) The Colorado bureau of investigation shall flag the fingerprints of and notify the
applicable county department of any new arrests of an individual whose fingerprints the county
department submits to a local law enforcement agency that the county department also intends to
be subsequently used for foster care certification.
(b) The county department shall notify the Colorado bureau of investigation within five
calendar days after submitting the request for a fingerprint -based criminal history record check
when the county department intends to accept an application for foster care certification from
that person so that the flagging and automatic notification to the county department of new
arrests pursuant to subsection (11)(a) of this section occurs for that person and continues through
the duration of the individual's foster care certification. The county department shall use the
same fingerprints received pursuant to this subsection (11) and any updated fingerprint -based
criminal history record check results from the automatic notification as a substitute for meeting
the fingerprint requirements for a person who is applying for foster care certification pursuant to
section 26-6-910.
(12) For purposes of this section, unless the context otherwise requires:
(a) "Conviction" means a conviction by a jury or court and includes a deferred judgment and
sentence agreement, or a plea of guilty or nolo contendere determined through the records of the
Colorado bureau of investigation or the federal bureau of investigation and the Colorado courts
data access system in the state judicial department. "Conviction" does not include a diversion or
deferral or plea for a person who participated in and successfully completed the child abuse and
child neglect diversion program established pursuant to section 19 -3-310. A conviction does not
include juvenile deferred judgment or adjudication agreements, adjudications, diversion,
deferral, or plea agreements. The convictions identified in this subsection (12)(a) and subsection
(5) of this section must be determined according to the records of the Colorado bureau of
investigation or the federal bureau of investigation and the Colorado courts data access system in
the state judicial department. A screening request in Colorado must be made pursuant to section
19-1-307 (2)(k), rules promulgated by the state board pursuant to section 19 -3-313.5, and 42
U.S.C. sec. 671 (a)(2). A certified copy of the judgment of a court of competent jurisdiction of
the conviction or a deferred adjudication agreement is prima facie evidence of a conviction or
agreement.
(b) "Initial criminal history record check" means a Colorado crime information center or
national crime information center check.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-624-
Source: L. 2005: Entire section added, p. 616, § 1, effective May 27. L. 2007: (2) amended, p.
1017, § 6, effective May 22. L. 2015: Entire section amended, (SB 15 -087), ch. 263, p. 1012, §
9, effective June 2. L. 2017: (1)(c), (2), and (3) amended, (SB 17 -189), ch. 149, p. 499, § 6,
effective August 9. L. 2022: (4.5)(a)(I) and (8)(b) amended, (HB 22-1295), ch. 123, p. 835, § 39,
effective July 1. L. 2023: Entire section R&RE, (HB 23 -1043), ch. 20, p. 73, § 1, effective
August 7. L. 2024: (12)(a) amended, (HB 24-1450), ch. 490, p. 3411, § 27, effective August 7.
19-3-407. Noncertified kinship care - requirement for background checks and other
checks - definitions. (Repealed)
Source: L. 2015: Entire section added, (SB 15 -087), ch. 263, p. 1016, § 10, effective June 2.
L. 2017: IP(1) and IP(1)(a) amended, (SB 17 -189), ch. 149, p. 500, § 7, effective August 9. L.
2021: (4) amended, (SB 21 -059), ch. 136, p. 732, § 77, effective October 1. L. 2023: Entire
section repealed, (HB 23-1043), ch. 20, p. 79, § 2, effective August 7.
PART 5
PETITION, ADJUDICATION, DISPOSITION
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
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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.
Source: L. 2000: Entire section added, p. 474, § 2, effective July 1. L. 2003: (1)(c) amended,
p. 2624, § 4, effective June 5.
ANNOTATION
This section does not broaden a
juvenile court's personal jurisdiction to
include nondependent siblings of a youth
in foster care or require the siblings to
attend therapeutic visitation with the youth.
In re People in Interest of S.A., 2022 CO 27,
511 P.3d 597.
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
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(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.
Source: 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.
Editor's note: 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.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The state is the exclusive party to bring
neglect and dependency proceedings. A
private person, such as a grandparent, can
request the county department of social
services to bring such a proceeding or refer
the matter to the juvenile court, as provided
in subsection (2), but she cannot bring a
neglect and dependency petition on her own.
McCall v. Dist. Court ex rel. County of
Montezuma, 651 P.2d 392 (Colo. 1982).
While a grandparent can report
suspected child abuse or neglect and,
thereby, initiate an investigation, this
section does not require that the court
undertake its own investigation by
granting a hearing at the request of a
grandparent, nor does this section require
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that the court order the county department of
social services to conduct an additional
investigation if it appears that a preliminary
investigation has already been completed
and the county department saw no need to
pursue the matter. In re L.F., 121 P.3d 267
(Colo. App. 2005).
"Petition" signifies initial pleading of
dependency or neglect requesting the court
to take jurisdiction rather than discussion of
termination of parental rights appearing in a
social worker's report. People in Interest of
H.A.C. v. D.C.C., 198 Colo. 260, 599 P.2d
881 (1979).
Age is a jurisdictional prerequisite both
at the filing of a petition and at the time of
adjudication. In a case where the child was
just shy of 18 at the time the dependency
and neglect petition was filed but turned 18
before the hearing, the juvenile court lost
subject matter jurisdiction by the time of the
hearing. People in Interest of M.C.S., 2014
COA 46, 327 P.3d 360.
A petition which shows on its face that
the child is neither dependent nor
delinquent deprives the court of
jurisdiction. Carrera v. Kelley, 131 Colo.
421, 283 P.2d 162 (1955).
That the mother of a child is convicted of
a felony, and leaves the child in the care of
its grandmother who is giving it proper care,
does not invoke the jurisdiction of a juvenile
court in a dependency proceeding, and
speculation as to the future conduct of the
mother has no place in such proceedings.
Diernfeld v. People, 137 Colo. 238, 323 P.2d
628 (1958).
In a proceeding to declare a child
dependent and neglected, initiated under
former section by parties having temporary
care of the child, there being no evidence
that the child was at any time in improper
hands or in unwholesome surroundings, and
the petition showing on its face that its
purpose was to secure a continuation of the
situation existing at the time the action was
commenced, no grounds for dependency
existed. Wellbrink v. Walden, 142 Colo. 102,
349 P.2d 697 (1960).
And should be dismissed on a court's
own motion when it is fully advised of the
fact, or could take notice thereof, that
petitioner and respondent in dependency
proceeding under former section, husband
and wife, had continued to live together over
the years involved. Kearney v. Blue, 134
Colo. 217, 301 P.2d 515 (1956).
The mere act of dismissing the petition
does not decree custody of the child, for
custody in dependency cases can only be
determined after the child has been decreed
dependent and neglected. Jones v. Koulos,
142 Colo. 92, 349 P.2d 704 (1960).
This section provides for proceedings in
the name of the state for the protection of
a child and, in which proceedings, the
claims of the warring contestants must give
way to the welfare of the child. Johnson v.
Black, 137 Colo. 119, 322 P.2d 99 (1958).
Petitioner represents the state, not a party
to a dispute over custody of a child. Peterson
v. Schwartzmann, 116 Colo. 235, 179 P.2d
662 (1947).
A petition in dependency must be filed,
not in behalf of any individual, but only in
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behalf of the state for the purpose of
protecting a minor child. Such petition
should not be filed by any petitioner, and
particularly not by an attorney at law, who is
an officer of the court, except singly for the
protection of the child. Everett v. Barry, 127
Colo. 34, 252 P.2d 826 (1953); Geisler v.
People, 135 Colo. 121, 308 P.2d 1000
(1957).
Petition essential for jurisdiction.
Without a petition in writing setting forth all
the facts concerning what constitutes the
child a dependent and verified by the
affidavit of the petitioner, a juvenile court
has no jurisdiction over the subject matter.
Kearney v. Blue, 134 Colo. 217, 301 P.2d
515 (1956).
A petition in dependency should be
filed only upon credible information and
belief that the child is so circumstanced that
for its own protection and well -being it
should be taken from existing custody and
become a ward of the state. Everett v. Barry,
127 Colo. 34, 252 P.2d 826 (1953).
Petitioner should not file a petition
without knowledge of facts justifying belief
of dependency and, when the petition is
filed, should see that evidence is presented
supporting it. Peterson v. Schwartzmann,
116 Colo. 235, 179 P.2d 662 (1947).
One assuming to sign a petition equally
assumes the obligation to present evidence
sustaining it, and one should not verify any
allegation of such a petition as true of his
own knowledge, unless the facts set forth
therein are within his personal knowledge.
Everett v. Barry, 127 Colo. 34, 252 P.2d 826
(1953).
In addition to the other requirements for
jurisdiction, the essential element in all
cases is that the petitioner have knowledge
of a child in his county who appears to be
dependent. Geisler v. People, 135 Colo. 121,
308 P.2d 1000 (1957).
Petition did not cover children born
subsequently. A petition verified on a
certain date, covering the facts as of that
date, cannot cover children born at a later
date. Any order entered on such a petition
regarding support is void, and consequently,
all subsequent orders are likewise void.
Kearney v. Blue, 134 Colo. 217, 301 P.2d
515 (1956).
This section does not preclude
correction of erroneous statutory
reference. People in Interest of M.M., 43
Colo. App. 65, 599 P.2d 968 (1979).
Termination of parental rights is a
drastic remedy. People in Interest of Baby
Girl D., 44 Colo. App. 192, 610 P.2d 1086
(1980).
The state is the exclusive party to file a
petition in dependency and neglect, and a
guardian ad litem has no authority to assume
the role of the state. People in Interest of
R.E., 729 P.2d 1032 (Colo. App. 1986).
The state, in its role as parens patriae,
is the sole party that may prosecute
dependency and neglect proceedings.
Nothing in this code gives a guardian ad
litem or a counsel for youth authority to
prosecute a dependency and neglect petition.
People in Interest of R.M.P., 2025 CO 34,
569 P.3d 1202.
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However, the trial court is not required
to dismiss a dependency and neglect
petition merely because the state chooses
for any reason not to pursue the
proceedings. McCall v. Dist. Ct., 651 P.2d
392 (Colo. 1982); People in Interest of R.E.,
729 P.2d 1032 (Colo. App. 1986), overruled
in People in Interest of R.M.P., 2025 CO 34,
569 P.3d 1202, to the extent the R.E. opinion
allowed a non -state party to prosecute a
dependency and neglect petition when the
state has determined that doing so would not
be a valid exercise of its parens patriae
authority; L.G. v. People, 890 P.2d 647
(Colo. 1995).
Dependency and neglect petition may
not be dismissed over the objection of the
guardian ad litem. People in Interest of
R.E., 729 P.2d 1032 (Colo. App. 1986),
overruled in People in Interest of R.M.P.,
2025 CO 34, 569 P.3d 1202, to the extent the
R.E. opinion allowed a non -state party to
prosecute a dependency and neglect petition
when the state has determined that doing so
would not be a valid exercise of its parens
patriae authority.
If there is such an objection by the
guardian ad litem, the trial court must
conduct a hearing and specifically determine
whether the petition is supported by a
preponderance of the evidence and the child
is in fact dependent and neglected. That
determination may be appealed by the
guardian ad litem. People in Interest of R.E.,
729 P.2d 1032 (Colo. App. 1986), overruled
in People in Interest of R.M.P., 2025 CO 34,
569 P.3d 1202, to the extent the R.E. opinion
allowed a non -state party to prosecute a
dependency and neglect petition when the
state has determined that doing so would not
be a valid exercise of its parens patriae
authority.
Dependency and neglect action differs
from adversarial proceeding since the
safety of the child, not the custodial interest
of the parent, is the paramount concern. L.G.
v. People, 890 P.2d 647 (Colo. 1995).
Parental Kidnapping Prevention Act of
1979 does not apply to a dependency and
neglect action and therefore does not
preempt state law. L.G. v. People, 890 P.2d
647 (Colo. 1995).
Applied in People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982).
19-3-502. Petition form and content - limitations on claims in dependency or neglect
actions.
(1) The petition and all subsequent court documents in any proceedings brought under this
article shall be entitled "The People of the State of Colorado, in the Interest of ______________,
a child (or children) and Concerning _______________, Respondent." The petition shall be
verified, and the statements in the petition may be made upon information and belief.
(2) The petition shall set forth plainly the facts which bring the child within the court's
jurisdiction. The petition shall also state the name, age, and residence of the child and the names
and residences of his parents, guardian, custodian, legal custodian, stepparent, or spousal
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equivalent or of his nearest known relative if no parent, guardian, custodian, legal custodian,
stepparent, or spousal equivalent is known.
(2.5) The petition in each case where removal of a child from the home is sought shall either
state that reasonable efforts to prevent out -of-home placement were made and shall summarize
such efforts or, if no services to prevent out -of-home placement were provided, the petition shall
contain an explanation of why such services were not provided or a description of the emergency
which precluded the use of services to prevent out -of-home placement of the child. The petition
shall be verified.
(2.7) (a) Pursuant to article 1.2 of this title 19, the petition must:
(I) Include a statement indicating what continuing inquiries the county department of human
or social services has made in determining whether the child who is the subject of the proceeding
is an Indian child;
(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 Indian child's parent or Indian custodian and to the Indian
child's tribe pursuant to article 1.2 of this title 19, the postal receipts must be attached to the
petition and filed with the court or filed within fourteen days after the filing of the petition, as
specified in article 1.2 of this title 19.
(3) All petitions filed alleging the dependency or neglect of a child shall include the
following statements:
(a) "Termination of the parent -child legal relationship is a possible remedy available if this
petition alleging that a child is dependent or neglected is sustained. A separate hearing must be
held before such termination is ordered. Termination of the parent -child legal relationship means
that the child who is the subject of this petition would be eligible for adoption."
(b) "If the child is placed out of the home for a period of twelve months or longer, the court
shall hold a permanency hearing within said twelve months to determine a permanent placement
for the child."
(c) "The review of any decree of placement of a child subsequent to the three -month review
required by section 19 -1-115 (4)(a) may be conducted as an administrative review by the
department of human services, as appropriate. If you are a party to the action, you have a right to
object to an administrative review, and if you object, the review shall be conducted by the court."
(4) No counterclaim, cross claim, or other claim for damages may be asserted by a
respondent in an action alleging the dependency or neglect of a child, but nothing in this
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subsection (4) shall be construed to prohibit a respondent from asserting a claim for damages in
an action independent of an action alleging the dependency or neglect of a child.
(4.5) A child or youth named in the petition shall be a party to the proceedings and have the
right to attend and fully participate in all hearings related to the child's or youth's case. As a party
to the proceedings, a child or youth has legal standing regarding all matters related to the child's
or youth's interests and the right to have the child's or youth's interests fully represented by the
guardian ad litem or counsel for youth throughout the proceedings, including appeals. The child's
or youth's guardian ad litem or counsel for youth shall provide developmentally appropriate
notice to the child or youth of all hearings related to the child's or youth's case.
(4.7) (a) If a county department of human or social services seeks dismissal of a petition filed
pursuant to section 19-3-501 prior to the adjudicatory hearing held pursuant to section 19 -3-505,
and the child or youth, through the child's or youth's guardian ad litem or counsel for youth,
objects to the dismissal and articulates a basis upon which the child is abused or neglected
pursuant to section 19-1-103 (1)(a), the court shall set a hearing to determine whether or not the
county department of human or social services has a reasonable basis to dismiss the case. The
court may hear from the parties regarding the appropriateness of the dismissal. If the court
determines the county department of human or social services shows a reasonable basis for
dismissal, the court shall dismiss the petition, but if the county department of human or social
services does not show reasonable basis to dismiss the case, the court must allow the case to
proceed.
(b) This subsection (4.7) does not authorize a child or youth to file a petition on the child's or
youth's behalf.
(c) This subsection (4.7) does not limit a party's right to demand a jury trial pursuant to
section 19-3-202.
(5) Any parent, guardian, or legal custodian alleged to have abused or neglected a child shall
be named as a respondent in the petition concerning such child. The county attorney, city
attorney of a city and county, or special county attorney may name any other parent, guardian,
custodian, legal custodian, stepparent, or spousal equivalent as a respondent in the petition if he
determines that it is in the best interests of the child to do so.
(5.5) (a) A person named a respondent is a party to the proceedings and has the right and
responsibility to attend and fully participate in all proceedings related to the respondent. A
respondent's failure to appear for a hearing does not constitute a violation of the respondent's due
process rights and nothing in this section prohibits the court from proceeding if a respondent fails
to appear.
(b) (I) If the court becomes aware that a respondent is incarcerated in a department of
corrections facility, a private correctional facility under contract with the department of
corrections, or a jail, the court shall issue a writ for the respondent's personal attendance or
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attendance through audio-visual communication technology at all hearings, unless the court finds
it necessary to hold separate hearings pursuant to section 19 -1-106. If the respondent is
represented by counsel, counsel shall file a motion for the respondent's personal attendance or
attendance through audio -visual communication technology at the hearing if counsel knows the
respondent is incarcerated and wants to personally attend a contested hearing or attend any
hearing through audio-visual communication technology. If the respondent is not represented by
counsel, the court shall file a writ for the respondent's personal appearance or appearance
through audio-visual communication technology. If a writ for appearance through audio -visual
communication technology is issued, the court shall include information on the writ concerning
the manner by which the respondent may appear and shall ensure the writ is provided to the
litigation coordinator at the facility or jail where the respondent is incarcerated. If the respondent
is represented by counsel, the court may order the counsel to inform the litigation coordinator.
(II) If the personal attendance writ issued by the court pursuant to subsection (5.5)(b)(I) of
this section is not honored, the court must permit the respondent to attend and participate in a
hearing through audio-visual communication technology.
(c) (I) A court, the county department of human or social services, the sheriff, or the
executive director of the department of corrections may develop and implement procedures to
facilitate the notification of proceedings and personal appearance of a respondent who is
incarcerated.
(II) A representative of the facility or jail where the respondent is incarcerated shall, when
possible, inform the court not less than seventy -two hours prior to the proceeding if it cannot
facilitate transportation of the respondent to a proceeding.
(III) A representative of the facility or jail where the respondent is incarcerated shall inform
the court if the respondent refuses transportation, and the circumstances of the refusal, as soon as
practicable.
(IV) If the facility where the respondent is incarcerated cannot facilitate transportation of the
respondent to a hearing pursuant to this subsection (5.5), the facility shall make every reasonable
effort to facilitate the respondent's participation at the hearing through audio -visual
communication technology, so long as the requirements pursuant to subsection (5.5)(b)(I) of this
section are satisfied.
(6) A person may be named as a special respondent on the grounds that he resides with, has
assumed a parenting role toward, has participated in whole or in part in the neglect or abuse of,
or maintains a significant relationship with the child. Personal jurisdiction shall be obtained over
a special respondent once he is given notice by a service of summons and a copy of the petition
or motion describing the reasons for his joinder. A special respondent shall be afforded an
opportunity for a hearing to co ntest his joinder and the appropriateness of any orders that affect
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him and shall have the right to be represented by counsel at such hearing. At any other stage of
the proceedings, a special respondent may be represented by counsel at his own expense.
(7) In addition to notice to all parties, the court shall ensure that notice is provided of all
hearings and reviews held regarding a child to the following persons with whom a child is
placed: Foster parents, pre-adoptive parents, or relatives. Such persons have the right to be heard
at such hearings and reviews. The foster parent, pre-adoptive parent, or relative providing care to
a child shall not be made a party to the action for purposes of any hearings or reviews solely on
the basis of such notice and right to be heard. Notice of hearings and reviews must not reveal to
the respondent parent or other relative the address, last name, or other such identifying
information regarding any person providing care to the child.
Source: L. 87: Entire title R&RE, p. 779, § 1, effective October 1. L. 92: (3) amended, p. 224,
§ 10, effective July 1. L. 93: (3)(b) amended, p. 389, § 2, effective April 19; (2.5) added, p. 2016,
§ 7, effective July 1. L. 94: (3)(c) amended, p. 2684, § 202, effective July 1. L. 98: (7) added, p.
1418, § 4, effective July 1. L. 99: (3)(b) amended, p. 911, § 5, effective July 1. L. 2002: (2.7)
added, p. 786, § 6, effective May 30. L. 2007: (7) amended, p. 1017, § 7, effective May 22. L.
2018: IP(2.7)(a) and (2.7)(a)(I) amended, (SB 18 -092), ch. 38, p. 422, § 60, effective August 8.
L. 2022: (4.5) added and (7) amended, (HB 22 -1038), ch. 92, p. 436, § 10, effective January 9,
2023. L. 2023: (5.5) added, (SB 23 -039), ch. 191, p. 954, § 4, effective January 1, 2024. L.
2025: IP(2.7)(a) and (2.7)(b) amended, (HB 25 -1204), ch. 338, p. 1817, § 6, effective August 6.
L. 2026: (4.5) amended and (4.7) added, (HB 26 -1227), ch. 269, p. 1527, § 1, effective August
12.
Editor's note: 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 -3-102 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 1999 act amending
subsection (3)(b), see section 1 of chapter 233, Session Laws of Colorado 1999. For the
legislative declaration contained in the 2002 act enacting subsection (2.7), see section 1 of
chapter 217, Session Laws of Colorado 2002. For the legislative declaration in SB 18 -092, see
section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB
22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. For the legislative
declaration in SB 23-039, see section 1 of chapter 191, Session Laws of Colorado 2023.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Law reviews. For article, "Colorado
Moves Toward Full Compliance With
Federal Indian Child Welfare Act", see 31
Colo. Law. 77 (Nov. 2002). For article,
"Interested Parties in Juvenile Dependency
and Neglect Cases", see 33 Colo. Law. 109
(Aug. 2004). For article, "House Bill 22 -
1038: Colorado Continues its History of
Expanding Children's V oice and
Representation in D&N Proceedings", see
52 Colo. Law. 34 (Apr. 2023). For article,
"Safeguarding Children's V oices in Child
Protective Proceedings", see 102 Denv. L.
Rev. 41 (2024).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Admission by a mother with whom
children did not reside that child had been
assaulted and lacked proper parental care is
not sufficient to sustain an adjudication of
dependency and neglect against a father who
disputed such allegations and demanded a
jury trial. People in Interest of A.M., 786
P.2d 476 (Colo. App. 1989).
Stepparent not required to be named a
respondent in a dependency or neglect
proceeding; the county attorney is vested
with discretion in deciding whether it is in
the best interests of the child to name a
stepparent as a respondent. People ex rel. of
E.S., 49 P.3d 1221 (Colo. App. 2002).
The general assembly did not grant
relatives who do not have placement of
the child, including grandparents, a right
of notice to hearings in dependency and
neglect cases. People in Interest of C.N.,
2018 COA 165, 431 P.3d 1219.
19-3-503. Summons - issuance - contents - service.
(1) After a petition has been filed, the court shall promptly issue a summons reciting briefly
the substance of the petition. The summons shall also contain a statement, when appropriate, that
the termination of the parent -child legal relationship is a possible remedy under the proceedings
and shall set forth the constitutional and legal rights of the child, his parents, guardian, or legal
custodian, or any other respondent or special respondent, including the right to have an attorney
present at the hearing on the petition.
(2) No summons shall issue to any respondent who appears voluntarily or who waives
service, but any such person shall be provided with a copy of the petition and summons upon
appearance or request.
(3) The summons shall require the person or persons having the physical custody of the child
to appear, and it may order the child to appear before the court at a time and place stated. If the
person or persons so summoned are not the parents or guardian of the child, then a summons
shall also be issued to the parents or guardian, or both, notifying them of the pendency of the
case and of the time and place set for hearing.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(4) The court on its own motion or on the motion of any party may join as a respondent or
special respondent or require the appearance of any person it deems necessary to the action and
authorize the issuance of a summons directed to such person. Any party to the action may request
the issuance of compulsory process by the court requiring the attendance of witnesses on his own
behalf or on behalf of the child.
(5) If it appears that the welfare of the child or of the public requires that the child be taken
into custody, the court may, by endorsement upon the summons, direct that the person serving
the summons take the child into custody at once.
(6) The court may authorize the payment of necessary travel expenses incurred by persons
summoned or otherwise required to appear, which payments shall not exceed the amount allowed
to witnesses for travel by the district court.
(7) Summonses shall be served personally, pursuant to the Colorado rules of civil procedure.
If personal service is used, it shall be sufficient to confer jurisdiction if service is effected not
less than two days before the time fixed in the summons for the appearance of the person served;
except that personal service shall be effected not less than five days prior to the time set for a
hearing concerning a dependent or neglected child.
(8) If the respondent required to be summoned under subsection (3) of this section cannot be
found within the state, the fact of the child's presence in the state shall confer jurisdiction on the
court as to any absent respondent if due notice has been given in the following manner:
(a) When the residence of the person to be served outside the state is known, a copy of the
summons and petition shall be sent by certified mail with postage prepaid to such person at his
place of residence with a return receipt requested. Service of summons shall be deemed complete
within five days after return of the requested receipt.
(b) When the person to be served has no residence within Colorado and his place of
residence is not known or when he cannot be found within the state after due diligence, service
may be by publication pursuant to rule 4 (g) of the Colorado rules of civil procedure; except that
service may be by a single publication and must be completed not less than five days prior to the
time set for a hearing concerning a dependent or neglected child.
Source: L. 87: Entire title R&RE, p. 780, § 1, effective October 1. L. 2019: (8)(b) amended,
(SB 19-241), ch. 390, p. 3467, § 18, effective August 2.
Editor's note: 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 -3-103 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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ANNOTATION
Law reviews. For article, "One Year
Review of Domestic Relations", see 38
Dicta 84 (1961). For article, "The Role of
Parents' Counsel in Dependency and Neglect
Proceedings — Part I", see 14 Colo. Law.
568 (1985). For article, "Medical Diagnosis
as a Gateway to the Child Welfare System:
A Legal Review for Physicians, Lawyers,
and Social Workers", see 65 Den. U. L. Rev.
213 (1988).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Substantial compliance with the
statutory provisions is essential and must
appear of record. People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
For the distinction between notice
required by this section and that required
by § 19 -4-107, see People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
Voluntary appearance waives personal
service. The voluntary appearance of
juvenile's mother and her participation in the
transfer hearing constitutes a waiver of her
right to personal service. People in Interest
of G.A.T., 183 Colo. 111, 515 P.2d 104
(1973).
Parent's constitutional rights of due
process were not violated where she was
given adequate notice that the juvenile court
would determine at the hearing whether her
parental rights should be terminated, and
was afforded an opportunity to be heard on
this issue. Johnson v. People in Interest of
W__ J__, 170 Colo. 137, 459 P.2d 579
(1969).
In a custody proceeding where parents of
allegedly dependent and neglected children
were timely served with summons, were
advised of their rights by court, had
adequate time in which to prepare a defense,
appeared, proceeded to trial, and were
represented by able counsel, the rights of the
parents were not impaired and there was
substantial compliance with requirements of
this section relating to service of summons.
Robinson v. People in Interest of Zollinger,
173 Colo. 113, 476 P.2d 262 (1970).
Service on mother confined in
penitentiary was effective. Bd. of Control
of State Home v. Mulertz, 60 Colo. 468, 154
P. 742 (1916).
Proceedings defective where service did
not comply with section. In a proceeding to
determine the dependency of children, it was
held, under the disclosed facts, that there
was no timely service or waiver of service,
that the parents were not advised regarding
the nature and effect of the proceeding as
required by this section, that the court was
without jurisdiction, and that the entire
proceedings, decree, and order of
commitment were void. Ziemer v. Wheeler,
89 Colo. 242, 1 P.2d 579 (1931).
Service by publication ineffective for
father in case under Uniform Child Custody
Jurisdiction and Enforcement Act involving
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termination of parental rights. Affidavit for
service by publication included factual
errors and did not establish what efforts
were made to locate father in Iran or
whether the department attempted to provide
personal service by any means that would
likely result in father receiving actual notice.
People in Interest of A.B -A., 2019 COA
125, 451 P.3d 1278.
The joining of the district attorney and
law enforcement officers as parties to case
does not exceed the court's jurisdiction to
join as a respondent any person it deems
necessary to the action. Where court
concluded in dependency and neglect
proceedings based on alleged sexual abuse
that appropriate treatment plan required
confidentiality of communications, the court
joined law enforcement officials as parties to
assure that they would not seek to learn the
content of such communications. People v.
District Court, 731 P.2d 652 (Colo. 1987).
Mother who deliberately concealed
herself from law enforcement and the
court lacked standing to challenge the
constitutionality of subsection (8)(b)
authorizing service by a single publication
because her claimed injury was self -
inflicted. People ex rel. J.C.S., 169 P.3d 240
(Colo. App. 2007).
Juvenile court erred in denying father's
motion to vacate the dependency and
neglect orders entered against him
because the county division of children,
youth, and families did not fully comply
with the requirements of subsection (8)(b) of
this section and C.R.C.P. 4(g). The county
division of children, youth, and families
failed to make sufficient effort to identify,
locate, or personally serve the father and
failed to explain why further efforts would
have been futile. Matter of J.N. in Interest of
C.G., 2022 COA 69, 518 P.3d 788.
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.
Source: L. 87: Entire title R&RE, p. 781, § 1, effective October 1.
Editor's note: 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.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-638-
ANNOTATION
Neither the Colorado Children's Code
nor C.R.C.P. 107 authorizes default
judgment as a sanction against a parent
for failing to appear at a dependency and
neglect adjudicatory hearing. People in
Interest of K.J.B., 2014 COA 168, 342 P.3d
597.
19-3-505. Adjudicatory hearing - findings - adjudication.
(1) At the adjudicatory hearing, the court shall consider whether the allegations of the
petition are supported by a preponderance of the evidence; except that jurisdictional matters of
the age and residence of the child shall be deemed admitted by or on behalf of the child unless
specifically denied prior to the adjudicatory hearing.
(2) Evidence tending to establish the necessity of separating the child from the parents or
guardian may be admitted but shall not be required for the making of an order of adjudication.
(3) Adjudicatory hearings shall be held at the earliest possible time, but in no instance shall
such hearing be held later than ninety days after service of the petition, or, 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), in no instance shall such hearing be held later than sixty
days after service of the petition unless the court finds that the best interests of the child will be
served by granting a delay. If the court determines that a delay is necessary, it shall set forth the
specific reason why such delay is necessary and shall schedule the adjudicatory hearing at the
earliest possible time following the delay.
(4) (a) When it appears that the evidence presented at the hearing discloses facts not alleged
in the petition, the court may proceed immediately to consider the additional or different matters
raised by the evidence if the parties consent.
(b) In such event, the court, on the motion of any interested party or on its own motion, shall
order the petition to be amended to conform to the evidence.
(c) If the amendment results in a substantial departure from the original allegations in the
petition, the court shall continue the hearing on the motion of any interested party, or the court
may grant a continuance on its own motion if it finds it to be in the best interests of the child or
any other party to the proceeding.
(d) If it appears from the evidence that the child may have a mental health disorder or an
intellectual and developmental disability as these terms are defined in article 10.5 of title 27,
subsections (4)(a) to (4)(c) of this section do not apply, and the court shall proceed pursuant to
section 19-3-506.
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Title 19 - Children's Code
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(5) After making a finding as provided by paragraph (a) of subsection (7) of this section but
before making an adjudication, the court may continue the hearing from time to time, allowing
the child to remain in his own home or in the temporary custody of another person or agency
subject to such conditions of conduct and of visitation or supervision by a juvenile probation
officer as the court may prescribe, if:
(a) Consent is given by the parties, including the child and his parent, guardian, or other
legal custodian after being fully informed by the court of their rights in the proceeding, including
their right to have an adjudication made either dismissing or sustaining the petition;
(b) Such continuation shall extend no longer than six months without review by the court.
Upon review, the court may continue the case for an additional period not to exceed six months,
after which the petition shall either be dismissed or sustained.
(6) When the court finds that the allegations of the petition are not supported by a
preponderance of the evidence, the court shall order the petition dismissed and the child
discharged from any detention or restriction previously ordered. His or her parents, guardian, or
legal custodian shall also be discharged from any restriction or other previous temporary order.
The court shall inform the respondent that, pursuant to section 19 -3-313.5 (3)(f), the department
shall expunge the records and reports for purposes related to employment or background checks.
(7) (a) When the court finds that the allegations of the petition are supported by a
preponderance of the evidence, except when the case is continued as provided in the introductory
portion to subsection (5) of this section, the court shall sustain the petition and shall make an
order of adjudication setting forth whether the child is neglected or dependent. Evidence that
child abuse or nonaccidental injury has occurred shall constitute prima facie evidence that such
child is neglected or dependent, and such evidence shall be sufficient to support an adjudication
under this section.
(b) The court shall then hold the dispositional hearing, but such hearing may be continued on
the motion of any interested party or on the motion of the court. Such continuance shall not
exceed thirty days unless good cause exists. 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 dispositional hearing shall be held within thirty days after the adjudicatory hearing
unless good cause is shown and unless the court finds that the best interests of the child will be
served by granting a delay. It is the intent of the general assembly that the dispositional hearing
be held on the same day as the adjudicatory hearing, whenever possible.
Source: L. 87: Entire title R&RE, p. 781, § 1, effective October 1. L. 94: (3) and (7) amended,
p. 2053, § 6, effective July 1. L. 96: (6) amended, p. 1290, § 3, effective January 1, 1997. L.
2000: (6) amended, p. 1723, § 5, effective June 1. L. 2003: (6) amended, p. 1407, § 12, effective
Colorado Revised Statutes 2026
Title 19 - Children's Code
-640-
January 1, 2004. L. 2006: (4)(d) amended, p. 1402, § 58, effective August 7. L. 2017: (4)(d)
amended, (SB 17-242), ch. 263, p. 1315, § 163, effective May 25.
Editor's note: 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 -3-106 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 2003 act amending
subsection (6), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative
declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
ANNOTATION
I. General Consideration.
II. Evidence and Burden of Proof.
III. Illustrative Cases.
I. GENERAL CONSIDERATION.
Law reviews. For article, "One Year
Review of Domestic Relations", see 34
Dicta 108 (1957). For article, "One Year
Review of Criminal Law and Procedure",
see 36 Dicta 34 (1959). For article,
"Representing the Mentally Retarded or
Disabled Parent in a Colorado Dependent or
Neglected Child Action", see 11 Colo. Law.
693 (1982). For article, "Disclosure and
Discovery in Dependency and Neglect
Cases", see 54 Colo. Law. 44 (Jan. -Feb.
2025).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The adjudication procedure allows
parents with limited financial ability to
obtain proper treatment for their
developmentally disabled children, and
thereby furthers the legislative purpose of
securing for such children the care that will
best serve their welfare and the interests of
society. The best interests of the child, rather
than the parents' finances, determine what
care the child receives. M.S. v. People, 812
P.2d 632 (Colo. 1991).
Adjudication of dependency and
neglect was proper where father had been
bound over for trial on charge of murder of
mother and held without bond because child
could be found dependent and neglected
under the ground that she lacked parental
care or was not domiciled with her parent.
People in Interest of S.B., 742 P.2d 935
(Colo. App. 1987).
Was also proper where the jury verdict
was based on allegations in the petition in
dependency and neglect; the only argument
presented to support the finding of
dependency was the allegation in the
petition of the act of sexual molestation
initially told to a pediatrician by the child
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and subsequently investigated by the
department of social services; the father did
not contend that the jury's determination
rested on some unknown other incident and
not the sole allegation concerning him; and
the verdict was intended to be a
determination of the status of the child, and
not a specific finding of the acts creating
that status. People in Interest of K.G., 876
P.2d 1 (Colo. App. 1993).
Admission by one respondent not
necessarily dispositive of allegations
disputed by any other respondents. One
party's admissions, while binding upon that
party, are legally insufficient to establish the
allegations in a dependency and neglect
petition in the face of the other party's
denial. People ex rel. U.S., 121 P.3d 326
(Colo. App. 2005).
"Fault" admissions made by father
involving mother, which she denied and
which were not proved at an adjudicatory
hearing, cannot form the basis for requiring
mother to comply with a treatment plan in
the absence of an adjudication. People ex
rel. U.S., 121 P.3d 326 (Colo. App. 2005).
Admission by a mother with whom
children did not reside that child had been
assaulted and lacked proper parental care is
not sufficient to sustain an adjudication of
dependency and neglect against a father who
disputed such allegations and demanded a
jury trial. People in Interest of A.M., 786
P.2d 476 (Colo. App. 1989).
Purpose of hearing. The purpose of the
adjudicatory hearing is to determine whether
the facts show, by a preponderance of the
evidence, that the child is in fact neglected
and dependent. People in Interest of K.S., 33
Colo. App. 72, 515 P.2d 130 (1973).
The primary purpose of a dependency
adjudication is to furnish the jurisdictional
bases for state intervention to assist the
parents and child in establishing a
relationship and home environment that will
preserve the family unit. People in Interest
of O.E.P., 654 P.2d 312 (Colo. 1982).
An adjudicatory hearing on dependency
or neglect is designed to determine whether
the child, for whatever reason, lacks the
benefit of parental guidance, concern,
protection or support to which he is entitled.
People in Interest of E.A., 638 P.2d 278
(Colo. 1981).
Focus. While the acts or omissions of the
parents singly and together are relevant in
determining the status of the child, the
primary focus of the adjudicatory hearing is
to determine the condition and
circumstances of the child at the time of the
hearing. People in Interest of K.S., 33 Colo.
App. 72, 515 P.2d 130 (1973).
Adjudications of neglect or dependency
are not made "as to" the parents, but
rather relate only to the status of the child.
People in Interest of P.D.S., 669 P.2d 627
(Colo. App. 1983); People in Interest of
C.T., 746 P.2d 56 (Colo. App. 1987).
Constitutional rights guaranteed. The
interest of the state in a hearing to determine
if a child is dependent or neglected must be
exercised without denial of fundamental
fairness as required by due process clause of
the fourteenth amendment. Robinson v.
People in Interest of Zollinger, 173 Colo.
113, 476 P.2d 262 (1970).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Due process rights of parent. Due
process requires that a parent be given
adequate notice of the possibility of
termination of parental rights and afforded
an opportunity to be heard on that issue.
People in Interest of E.A., 638 P.2d 278
(Colo. 1981).
Father had no constitutional right to
confront witness in civil dependency and
neglect proceeding. Furthermore, the trial
was fundamentally fair where child testified
from another room via closed -circuit
television and father had real -time
communication with his attorney during
child's testimony. People ex rel. S.X.M., 271
P.3d 1124 (Colo. App. 2011).
Jury instructions concerning
dependency and neglect adjudication
were not misleading where instructions
were stated in the past tense rather than
the present tense. People ex rel. S.X.M.,
271 P.3d 1124 (Colo. App. 2011).
When adjudication becomes final
judgment. The adjudication of a child as
dependent or neglected, with the
dispositional hearing continued to a future
date, does not become a final judgment until
a decree of disposition is entered. People in
Interest of E.A., 638 P.2d 278 (Colo. 1981).
Only final orders of juvenile court may
be appealed. People in Interest of B.W., 43
Colo. App. 235, 601 P.2d 1086 (1979).
Interest and welfare of child control.
Even the parental right to its custody and
control must yield to the interests and
welfare of the child. Fulton v. Martensen,
129 Colo. 125, 267 P.2d 658 (1954).
The presumption that parents are fit and
proper persons to have care and custody of
their children is subject to the qualification
that in custody proceedings the welfare and
best interests of the children is the
paramount consideration. Devlin v.
Huffman, 139 Colo. 417, 339 P.2d 1008
(1959).
The interest of the state in a child is
based upon the statutory grounds of
dependency, neglect, or abandonment, and
in order for a child to be snatched from a
blood relation who is giving him love and
care, there certainly must be some showing
as to the necessity therefor. Diernfeld v.
People, 137 Colo. 238, 323 P.2d 628 (1958).
Neglect or dependency proceeding is
preventive as well as remedial. People in
Interest of D.L.R., 638 P.2d 39 (Colo. 1981).
Jurisdiction, duties, etc., of court and
welfare department. It is the court which
has the original and exclusive jurisdiction,
and the duty, to adjudicate whether a child is
dependent and neglected, to determine
whether it is in the best interest of the child
to terminate the legal relationship with the
child's parents, and to make such further
disposition as deemed necessary. If so
requested by the court, it is the function of
the welfare department to aid the court in the
court's pursuit of its obligations. People in
Interest of M.D.C.M., 34 Colo. App. 91, 522
P.2d 1234 (1974).
Issue to be resolved in dependency
proceeding. In a dependency proceeding the
question to be resolved is not the
comparative rights of different claimants of
custody, but solely that of whether or not the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-643-
existing custody and surroundings of the
child are such that it is the duty of the state,
as parens patriae, to take over its custody
and make it a ward of the state. Everett v.
Barry, 127 Colo. 34, 252 P.2d 826 (1953);
Foxgruber v. Hansen, 128 Colo. 511, 265
P.2d 233 (1953); Johnson v. Black, 137
Colo. 119, 322 P.2d 99 (1958); Wellbrink v.
Walden, 142 Colo. 102, 349 P.2d 697
(1960).
In a dependency proceeding, the only
matter at issue before the court in the first
place is that of dependency. Peterson v.
Schwartzmann, 116 Colo. 235, 179 P.2d 662
(1947); In re People in Interest of Murley,
124 Colo. 581, 239 P.2d 706 (1951).
In a petition in dependency nothing can
be determined except that a child or children
involved are dependent and neglected
children. Kearney v. Blue, 134 Colo. 217,
301 P.2d 515 (1956).
Under former subsection (3)(b) now
subsection (5)(b), after the juvenile court
finds that the allegations in the petition to
adjudicate a child dependent and neglected
are supported by a preponderance of the
evidence, the court can hold hearings on the
petition for a maximum of two six -month
periods after which it can take no other
action than either to dismiss or sustain the
petition. People in Interest of K.M.J., 698
P.2d 1380 (Colo. App. 1984).
Parental care is not sole issue. Whether
or not a child is receiving parental care is
not the sole issue in a dependency
proceeding. Care of a child by other sources
is relevant. Diernfeld v. People, 137 Colo.
238, 323 P.2d 628 (1958).
If child found not dependent, action
should be dismissed. If the child is found
not dependent, then there is nothing further
to be considered and the action should be
dismissed. Peterson v. Schwartzmann, 116
Colo. 235, 179 P.2d 662 (1947); In re People
in Interest of Murley, 124 Colo. 581, 239
P.2d 706 (1951).
No judgment of dependency was entered
by the trial court which is a prerequisite to
establish responsibility against petitioner to
contribute to the child's support. Rios v.
People in Interest of Martinez, 154 Colo. 88,
388 P.2d 402 (1964).
Once jury found child not dependent
and neglected, the dependency and
neglect court was without jurisdiction to
enter further orders despite mother's no -
fault admission. The court must dismiss the
case and discharge the father and child from
any detention or restriction previously
ordered. Mother's no -fault admission was
sufficient only to support court's continuing
jurisdiction pending a determination by the
jury as to whether the child was dependent
and neglected. The court did not have
jurisdiction to entertain subsequent motion
by paternal grandfather for custody of the
child. People ex rel. A.H., 271 P.3d 1116
(Colo. App. 2011).
Despite mother's admission, the court
did not have jurisdiction to enter any
orders beyond dismissing the petition
once court found that the allegations of
the petition regarding father were not
proven. The dismissal order from father's
adjudicatory hearing resulted in the child
being discharged from any detention or
restriction previously ordered and the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-644-
juvenile court lost jurisdiction over the child
to hold a fitness hearing or enter an
allocation of parental responsibilities order
in favor of the grandparents. People in
Interest of S.T., 2015 COA 147, 361 P.3d
1154.
Disposition issue follows finding of
dependency. If the child shall first have
been found dependent upon proper evidence,
then, and only then, should the court in
orderly procedure receive evidence
concerning, and determine, the disposition
of the child. Peterson v. Schwartzmann, 116
Colo. 235, 179 P.2d 662 (1947); In re People
in Interest of Murley, 124 Colo. 581, 239
P.2d 706 (1951).
Adjudicatory and dispositional
hearings may be combined or separate.
The clear meaning and import of the hearing
provisions provide in proper cases that the
adjudicatory hearing and the dispositional
hearing may be separate hearings, but that
also, in a proper case, providing prior notice
thereof is given, the dispositional hearing
may be had coextensively with the
adjudicatory hearing. When the latter
alternative is followed, it is necessary that
there be presented at the hearing, evidence
relating to factors which the court must
consider before it can make a proper
disposition. Johnson v. People in Interest of
W__ J__, 170 Colo. 137, 459 P.2d 579
(1969).
The Colorado Children's Code provides
for either a combined or bifurcated
adjudicatory-dispositional procedure. People
in Interest of M.B., 188 Colo. 370, 535 P.2d
192 (1975).
Court's grant of extension of time for
adjudicatory hearing, upon request of
child's guardian ad litem, satisfied statutory
requirements and court's refusal to dismiss
case was not erroneous. People in Interest of
S.B., 742 P.2d 935 (Colo. App. 1987).
Subsection (5)(b)'s 12 -month time limit
for holding a hearing is not a
jurisdictional requirement. Thus, the
court's failure to follow the statutory
requirement was an erroneous decision not
affecting jurisdiction. Since the mother
joined in the motion that continued the
matter beyond the 12 -month period she is
not entitled to relief. People ex rel. A.W., 74
P.3d 497 (Colo. App. 2003).
This section does not broaden a
juvenile court's personal jurisdiction to
include nondependent siblings of a youth
in foster care or require the siblings to
attend therapeutic visitation with the youth.
In re People in Interest of S.A., 2022 CO 27,
511 P.3d 597.
Court's failure to enter adjudicatory
order did not divest the court of subject
matter jurisdiction to conduct further
proceedings. Mother admitted the child was
dependent and neglected and the court
accepted the admission and deferred
adjudication pursuant to subsection (5).
Subsequently, mother voluntarily
participated in termination proceedings and
did not deny that the child was dependent
and neglected nor object to court's erroneous
finding that the child had been adjudicated
dependent and neglected. People ex rel.
N.D.V ., 224 P.3d 410 (Colo. App. 2009);
People in Interest of J.W., 2017 CO 105, 406
P.3d 853.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Party wishing to file a motion for
summary judgment cannot comply with
both this section and C.R.C.P. 56(c).
Under C.R.C.P. 81, the timing of subsection
(3) of this section controls. People ex rel.
A.C., 170 P.3d 844 (Colo. App. 2007).
Court correct in allowing the guardian
ad litem to present his evidence before
ruling on mother's motion for a directed
verdict since primary focus of hearing
concerned the child's best interests, and
since the guardian ad litem had advised the
court of his intent to align the child's case
with that of the people. People in Interest of
M.M.T., 676 P.2d 1238 (Colo. App. 1983).
Order based on conflicting evidence is
conclusive. The power of a juvenile court in
matters involving the custody of minor
children is great, and while it should be
exerted with the utmost circumspection, an
order based upon conflicting evidence will
not be disturbed on review. Hudson v.
Mattingley, 69 Colo. 528, 195 P. 113 (1921).
Where trial court resolves conflicting
evidence, its findings will not be disturbed
on review, even though it would be possible
for reasonable men to arrive at different
conclusions based on the same facts. In re
People in Interest of R.L., 32 Colo. App. 29,
505 P.2d 968 (1973).
Attorney fees. The attorney retained by a
petitioner therein must secure his
compensation, if any is to be had, from the
petitioner. Cederquist v. Archuleta, 127
Colo. 41, 253 P.2d 431 (1953); Geisler v.
People, 135 Colo. 121, 308 P.2d 1000
(1957).
Applied in People in Interest of M.A.L.,
37 Colo. App. 307, 592 P.2d 415 (1976);
People in Interest of T.H., 197 Colo. 247,
593 P.2d 346 (1979); People in Interest of
V .A.E.Y .H.D., 199 Colo. 148, 605 P.2d 916
(1980); People v. Dist. Court, 199 Colo. 197,
606 P.2d 450 (1980); People in Interest of
C.A.K., 628 P.2d 136 (Colo. App. 1980).
II. EVIDENCE AND BURDEN OF
PROOF.
A determination of dependency and
neglect must be based on a consideration of
existing circumstances and not on
speculation concerning future possibilities.
People in Interest of C.T., 746 P.2d 56
(Colo. App. 1987).
State has burden of proof. Where a
mother files a petition asking the state to
seek a determination of dependency and
neglect, in order to gain the relief requested,
the state has the burden of establishing the
assertion thereon that the children are
"neglected or dependent". In re People in
Interest of E.F.C., 30 Colo. App. 190, 490
P.2d 706 (1971).
Dependency requires preponderance of
proof. It is only necessary to prove the
allegations of the petition alleging children
to be dependent and neglected in a custody
hearing by a preponderance of the evidence.
Robinson v. People in Interest of Zollinger,
173 Colo. 113, 476 P.2d 262 (1970).
In an action to declare children dependent
or neglected, petitioner must prove the
elements by a preponderance of the
evidence. In re People in Interest of R.K., 31
Colo. App. 459, 505 P.2d 37 (1972).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Preponderance of evidence standard
does not violate due process. Subsection
(1), which permits a dependency
adjudication under the preponderance of
evidence standard, does not violate due
process of law. People in Interest of O.E.P.,
654 P.2d 312 (Colo. 1982).
Where petitioner was deprived of
significant parental rights that did not
amount to a permanent termination of the
parent-child relationship, her
constitutional due process rights were not
violated by the application of a
preponderance of the evidence standard.
While the court's order granted custody of
the petitioner's children to the department,
appointed the foster parents as permanent
legal guardians, and ordered that the
petitioner was to have no contact with her
children until they were over 18, the trial
court did retain jurisdiction over the case
until the children were 21 and the petitioner
retained the right to consent or withhold
consent to adoption, the right to reasonable
parenting time except as restricted by the
court, and the right to determine the
children's religious affiliation. L.L. v.
People, 10 P.3d 1271 (Colo. 2000).
This section does not lessen or shift the
burden of proof. It allows the trial court to
submit a case to the jury once the petitioner
has presented a prima facie case, i.e.,
evidence that nonaccidental injury has
occurred, and if the jury finds the children
are neglected or dependent, that prima facie
evidence shall be sufficient to uphold the
jury's determination. People in Interest of
M.A.L., 37 Colo. App. 307, 553 P.2d 103
(1976); People in Interest of M.A.L., 37
Colo. App. 307, 592 P.2d 415 (1976).
This section does not direct that an
adjudication of neglect or dependency shall
be made on evidence merely showing
nonaccidental injury, nor does it indicate
that a respondent has the burden to rebut the
evidence presented. People in Interest of
M.A.L., 37 Colo. App. 307, 553 P.2d 103
(1976).
Nor direct adjudication of neglect or
place burden on respondent to rebut. This
section does not direct that an adjudication
of neglect and dependency shall be made on
evidence merely showing nonaccidental
injury, nor does it indicate that a respondent
has the burden to rebut the evidence
presented. People in Interest of M.A.L., 37
Colo. App. 307, 592 P.2d 415 (1976).
Evidence must be clear and convincing
and not based on hearsay to support
finding that child was neglected and
dependent. Daugaard v. People in Interest of
Daugaard, 176 Colo. 38, 488 P.2d 1101
(1971).
Testimony admitted for its effect on the
listener, and not for the truth of the matter
asserted, cannot be used as evidence to
prove a child was dependent or neglected
because the testimony is inadmissible
hearsay. People in Interest of D.M.F.D.,
2021 COA 95, 497 P.3d 14.
A parent, if a fit and suitable person,
has the prior right of custody of his
children over a grandparent or any other
person or the state. Everett v. Barry, 127
Colo. 34, 252 P.2d 826 (1953); Wellbrink v.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-647-
Walden, 142 Colo. 102, 349 P.2d 697
(1960).
And a parent is presumed to be a fit
and suitable person to have the custody of
his children. Everett v. Barry, 127 Colo. 34,
252 P.2d 826 (1953); Devlin v. Huffman,
139 Colo. 417, 339 P.2d 1008 (1959);
Wellbrink v. Walden, 142 Colo. 102, 349
P.2d 697 (1960).
The legal presumption is that natural
parents are entitled to the custody of their
children unless otherwise clearly
established. Carrera v. Kelley, 131 Colo.
421, 283 P.2d 162 (1955).
The presumption is that the parents are fit
and suitable persons to be entrusted with the
care of their minor children, and that the
interests and welfare of such children are
best subserved when under such care and
control. Allen v. Huffman, 135 Colo. 1, 307
P.2d 802 (1957).
Such presumption can be overcome
only by convincing evidence to the
contrary. Everett v. Barry, 127 Colo. 34,
252 P.2d 826 (1953); Wellbrink v. Walden,
142 Colo. 102, 349 P.2d 697 (1960).
Such presumption is like the presumption
of innocence in a criminal case, ever
present, throughout the controversy, until
overcome by the most solid and substantial
reasons established by plain and certain
proofs. Allen v. Huffman, 135 Colo. 1, 307
P.2d 802 (1957).
Such presumption is ever present and can
be overcome only by plain and certain
proofs. Devlin v. Huffman, 139 Colo. 417,
339 P.2d 1008 (1959).
The statute of limitations for
determining paternity does not apply to a
proceeding to determine liability for support
of a dependent, illegitimate child. Ortega v.
Portales, 134 Colo. 537, 307 P.2d 193
(1957).
Question for trier of fact. Where, in a
neglect or dependency proceeding, it is
shown that a child has sustained a
nonaccidental injury resulting from an
instance of parent -administered corporal
punishment, the reasonableness of that
punishment is a question to be decided by
the trier of fact. People in Interest of
M.A.L., 37 Colo. App. 307, 553 P.2d 103
(1976).
Treatment of other children as
consideration. Although physical injury to a
child was not shown, it was proper for the
trial court to consider a treatment accorded
the other children in reaching a conclusion
regarding the nonabused daughter. People in
Interest of C.R., 38 Colo. App. 252, 557 P.2d
1225 (1976).
The trial court could reasonably infer that
a nonabused child lacked proper parental
care from the evidence establishing
mistreatment of the others. People in Interest
of C.R., 38 Colo. App. 252, 557 P.2d 1225
(1976).
The trial court may properly consider the
treatment accorded the parents' other
children in determining whether the child
before it is neglected and dependent. People
in Interest of D.L.R., 638 P.2d 39 (Colo.
1981).
While a parent's treatment of one child
may be considered in determining whether
Colorado Revised Statutes 2026
Title 19 - Children's Code
-648-
another child is dependent or neglected,
consideration of the individual needs,
strengths, and weaknesses of each child and
each parent is also probative. People ex rel.
T.T., 128 P.3d 328 (Colo. App. 2005).
Evidence of a child's physical care,
surroundings, and well -being is
competent and material evidence to the
issues in a dependency action. Diernfeld v.
People, 137 Colo. 238, 323 P.2d 628 (1958).
The consent to adoption signed by the
parents had no legal effect other than as
evidence of an intent to abandon the child.
In re People in Interest of R.L., 32 Colo.
App. 29, 505 P.2d 968 (1973).
Cause of illness must be proven. To
justify finding of dependency and
termination of parental rights, evidence must
be shown that illness or disease in specific
case was caused or resulted from lack of
parental care. Daugaard v. People in Interest
of Daugaard, 176 Colo. 38, 488 P.2d 1101
(1971).
Evidence of care from other than
parental sources admissible. If, through
arrangements made by a parent, a child is
being properly cared for by those who have
a genuine interest in its welfare, the fact that
the mother has obtained such help and has
sought out and procured proper care for the
child is evidence that the parent is not
neglecting the child. It is also evidence of
proper concern for the child's welfare and
tends to establish that she was not
abandoned or left homeless. Diernfeld v.
People, 137 Colo. 238, 323 P.2d 628 (1958);
Jones v. Koulos, 142 Colo. 92, 349 P.2d 704
(1960).
Evidence that child has been mistreated
or abused in the past was sufficient to
support adjudication of dependency and
neglect of child. People in Interest of
T.R.W., 759 P.2d 768 (Colo. App. 1988).
Admission by a mother with whom
children did not reside that child had been
assaulted and lacked proper parental care is
not sufficient to sustain an adjudication of
dependency and neglect against a father who
disputed such allegations and demanded a
jury trial. People in Interest of A.M., 786
P.2d 476 (Colo. App. 1989).
Summary judgment in favor of
defendant and against mother of 9 -year-
old child was inappropriate under § 19 -3-
102 (1)(b) to (1)(d) where other than child's
claim of abuse, there was no evidence of
abuse under subsection (7)(a) which might
have occurred while the child, who also
spent time with noncustodial father, was in
the mother's custody. People in Interest of
C.C.G., 873 P.2d 41 (Colo. App. 1994).
Further, even if court were to characterize
the enlarged vaginal opening as evidence of
abuse pursuant to subsection (7)(a), it would
establish only prima facie, not conclusive,
evidence that child was neglected or
dependent under this section. People in
Interest of C.C.G., 873 P.2d 41 (Colo. App.
1994).
Application of exclusionary rule in a
dependency and neglect case requires the
court to balance the deterrent benefits of
applying the rule against the societal cost of
excluding relevant evidence. People ex rel.
A.E.L., 181 P.3d 1186 (Colo. App. 2008).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-649-
Here, applying the rule would have a high
societal cost in terms of protecting child
welfare interests. Therefore, the court did
not err in denying mother's motion to
suppress evidence. People ex rel. A.E.L.,
181 P.3d 1186 (Colo. App. 2008).
Presumption afforded parent under
Troxel v. Granville, 530 U.S. 57 (2000),
that parent is acting and will act in the
best interests of the child is overcome by
adjudicatory order finding a child
dependent or neglected. The mere judicial
authorization to file a petition alleging
dependency or neglect does not overcome
the Troxel presumption. People ex rel. N.G.,
2012 COA 131, 303 P.3d 1207.
The Troxel presumption will ordinarily
survive a deferred adjudication because a
deferred adjudication is not final as to the
merits of the allegations set forth in the
dependency and neglect petition, especially
where the determination is based only on the
parent's no -fault admission. People ex rel.
N.G., 2012 COA 131, 303 P.3d 1207.
The statutory criteria for adjudicating
a child as dependent or neglected satisfies
Troxel and does not require that the court
find that both parents are unavailable,
unable, or unwilling to provide
reasonable parental care prior to
adjudication. Adjudicatory proceedings are
distinct from termination proceedings, and
each has different goals and requirements.
By requiring the state to prove that neither
parent was available, able, and willing to
provide reasonable parental care, the trial
court erred in unnecessarily conflating the
statutory dependency and neglect criteria
with the termination criteria. People in
Interest of J.G., 2016 CO 39, 370 P.3d 1151.
Mother should have been afforded
presumption under Troxel when court
allocated parenting time to paternal
grandmother after court's earlier findings
that mother had complied with her
treatment plan and was a fit parent. Trial
court did not apply a presumption in favor of
mother's determination that a transition plan
should be developed to return children to her
care and that she should have joint decision -
making authority. Court must apply clear
and convincing evidence standard and place
the ultimate burden on grandmother and
guardian ad litem to show allocation is in
children's best interests and must identify
special factors that justify interfering with
mother's decisions. People in Interest of
J.G., 2021 COA 47, 486 P.3d 504.
Evidence of mother's acts in prior
dependency and neglect cases for other
children was relevant to jury's
determination as to whether day -old child
who had never been in mother's care would
be exposed to an injurious environment.
People in Interest of A.W., 2015 COA
144M, 363 P.3d 784.
Court erred in admitting prejudicial
evidence relating to psychosexual
evaluation and polygraph examination
during adjudication hearing. Father's
participation in testing pre -adjudication was
voluntary and father was under no obligation
to participate in county department of
human service's evaluation process. People
in Interest of G.E.S., 2016 COA 183, 409
P.3d 645.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-650-
III. ILLUSTRATIVE CASES.
Lacking transcript, evidence, order
reversed. Where an order was entered
declaring a child neglected and dependent,
severing parental rights, and holding the
child's grandfather in contempt of court for
failure to deliver the child, but the court
reporter certified that there had been no
transcript made of any of the hearings prior
to the one on the contempt violation, and
since there was no evidence or showing that
the home environment which the
grandfather might provide for the child
would be unsatisfactory, the judgment and
orders of the trial court were reversed. C.B.
v. People in Interest of J.T.B., 30 Colo. App.
269, 493 P.2d 691 (1971).
Prima facie dependency established.
Campbell v. Gilliam, 127 Colo. 471, 257
P.2d 965 (1953).
Proper parental care established. A
child placed with relatives or friends does
have proper parental care when the parent or
parents have sent gifts of clothing, money,
food, household items, toys, and medical
supplies to the child, and have frequently
visited and communicated with the child.
Jones v. Koulos, 142 Colo. 92, 349 P.2d 704
(1960).
The single fact that a father has ceased
making support payments to the mother for
those children on whose behalf the state is
invoking the doctrine of parens patriae does
not establish that the children are "neglected
or dependent". This is particularly true
where the father is acting under what he
considers to be a controlling order of court
which placed custody of the children with
him. Under these circumstances, there is no
showing that the father is failing or refusing
to perform his obligations toward the
children. In re People in Interest of E.F.C.,
30 Colo. App. 190, 490 P.2d 706 (1971).
Lack of parental care established. Most
of the evidence presented in support of the
petition was undisputed and the totality of
all the evidence clearly supports the finding
and order of the juvenile court that the
evidence established beyond a reasonable
doubt that the infant child lacked proper
parental care because of his mother's
apparent limitations and because of her
actions and omissions. Johnson v. People in
Interest of W__ J__, 170 Colo. 137, 459
P.2d 579 (1969).
Where the mother has disappeared after
refusing to support the child, where the
alleged father is in the penitentiary, and
where the child has been abandoned in the
care of strangers who are in no way related
to the natural parents or said child, who are
under no legal obligation to care for and
support the child, it is error for the trial court
to find that the child was receiving proper
parental care. Jones v. Koulos, 142 Colo. 92,
349 P.2d 704 (1960).
Effect of parent's conviction of crime.
The fact alone that a father had been
convicted of a violation of the prohibition
laws of the state did not justify a court order
depriving him of the custody and control of
his minor children. Ziemer v. Wheeler, 89
Colo. 242, 1 P.2d 579 (1931).
Finding of abandonment justified.
Where the evidence disclosed that the father
of children, serving in the United States
Colorado Revised Statutes 2026
Title 19 - Children's Code
-651-
Navy, had notice of a dependency
proceeding by mail, but upon returning
failed to make any such arrangements or
provision for the care of the children, a
finding that he had abandoned such children
was justified. Olsen v. Davidson, 142 Colo.
205, 350 P.2d 338 (1960).
Where the evidence discloses that a child
had been abandoned by its natural parents, a
holding that such child was not dependent
because it was in the custody of parties who
were giving it proper care was erroneous.
Jones v. Koulos, 142 Colo. 92, 349 P.2d 704
(1960).
Evidence of abandonment insufficient.
Where a young mother deserted by her
husband is forced to make a living for
herself and, if possible, for her child as well,
who, faced with this emergency, and by
agreement with her sister, has the sister take
care of the child, and the child is well cared
for in the sister's household, it cannot be said
that such child is a dependent child within
the meaning of this section nor can it be said
that the mother had abandoned the child
under the circumstances. Foxgruber v.
Hansen, 128 Colo. 511, 265 P.2d 233
(1953).
Habeas corpus proceeding is not
adjudication of abandonment. An
adjudication in a habeas corpus proceeding
involving custody of a minor child is not an
adjudication of abandonment as defined in
the adoption statute, nor as used in the
dependent and neglected child statute, a
district court having no jurisdiction in
abandonment proceeding. Johnson v. Black,
137 Colo. 119, 322 P.2d 99 (1958).
Applied in Ross v. Ross, 89 Colo. 536, 5
P.2d 246 (1931).
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
Colorado Revised Statutes 2026
Title 19 - Children's Code
-652-
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 an
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
Colorado Revised Statutes 2026
Title 19 - Children's Code
-653-
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.
Source: 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. 188, p. 792, § 45, effective April 29. L. 2017: (1), (2)(a), (3)(a), and (4) amended,
(SB 17-242), ch. 263, p. 1315, § 164, effective May 25. L. 2021: (1)(d) amended, (SB 21 -059),
ch. 136, p. 732, § 78, effective October 1; (1)(a) and (3)(b) amended, (HB 21 -1187), ch. 83, p.
327, § 11, effective July 1, 2024. L. 2022: (1)(b), (1)(c), and (3)(a) amended, (HB 22 -1256), ch.
451, p. 3233, § 38, effective August 10.
Editor's note: 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.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-654-
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
ANNOTATION
Law reviews. For article, "Representing
the Mentally Retarded or Disabled Parent in
a Colorado Dependent or Neglected Child
Action", see 11 Colo. Law. 693 (1982). For
article, "Guidance for Attorneys When
Children's Mental Health Concerns are
Implicated", see 31 Colo. Law. 33 (Oct.
2002).
19-3-507. Dispositional hearing - rules.
(1) (a) After making an order of adjudication, the court shall hear evidence on the question of
the proper disposition best serving the interests of the child and the public. Such evidence shall
include, but not necessarily be limited to, the social study and other reports as provided in section
19-1-107.
(b) Prior to any dispositional hearing, the caseworker of the county department assigned to
the case shall submit to the court a statement that details the services that were offered to or
provided to the family to prevent unnecessary out -of-home placement of the child and to
facilitate the reunification of the child with the family. The statement must contain an
explanation of the services or actions that, had such services or actions been available, would
have been necessary to enable the child to remain at home safely. In the alternative, the
caseworker may submit a statement as to why no services or actions would have made it possible
for the child to remain at home safely. If the child is part of a sibling group, as defined in section
19-1-103, and the child was not placed with his or her siblings, the caseworker shall submit to
the court a statement about whether it continues to be in the best interests of the child or the
children in the sibling group to be placed separately. If the caseworker locates an appropriate,
capable, willing, and available joint placement for all of the children in the sibling group, it is
presumed that placement of the entire sibling group in the joint placement is in the best interests
of the children. Such presumption may be rebutted 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.
(b.5) If the county department locates a capable, willing, and available relative or kin for the
child or youth, it is presumed that placement of the child or youth with the relative or kin is in
the best interests of the child or youth. The presumption may be rebutted by a preponderance of
the evidence, giving primary consideration to the child's or youth's mental, physical, and
emotional needs, including the child's or youth's preference regarding placement. The court shall
consider whether a proposed placement would hinder efforts to reunite the parent and child or
Colorado Revised Statutes 2026
Title 19 - Children's Code
-655-
youth and the parent's preference regarding placement. A parent's objection to placement with a
particular relative or kin is not alone sufficient to show that the proposed placement would hinder
reunification.
(b.7) Upon the motion of a party for placement of a child or youth with a relative or kin, if
the party objects to the requested placement, the court shall hold a hearing within sixty -three
days after the objection to determine whether the child or youth may be placed with the relative
or kin. When a child or youth resides with a relative or kin, any other relative or kin seeking a
placement change shall address the factors set forth in section 19-3-702 (6).
(c) If one or both of the parents have a disability, reasonable accommodations and
modifications, as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C.
sec. 12101 et seq., and its related amendments and implementing regulations, are necessary to
ensure the treatment plan components are accessible. If applicable, any identified
accommodations and modifications must be listed in the report prepared for the dispositional
hearing.
(d) If the court denies placement with a relative or kin, the court shall make detailed findings
regarding the reasons for denial. A decision by a relative or kin to not be initially identified as a
potential placement resource must not be the sole basis for the court to later rule out the relative
or kin as the child's or youth's permanent placement. When determining whether a child or youth
should be placed with a relative or kin, the court shall give primary consideration to a child's or
youth's mental, physical, and emotional needs. The court shall not consider any of the following
factors unless one of the factors would threaten the mental, physical, and emotional health or
safety of the child or youth:
(I) The size of the home, including whether the child or youth would have a separate room;
(II) The socioeconomic status of the relative or kin compared to other available placement
options;
(III) The ability of the relative or kin to support the child's or youth's participation in
extracurricular activities;
(IV) Ordinary bonding or attachment that occurred during time spent in foster placement;
(V) Immigration status of the relative or kin; or
(VI) Age or any disability of the relative or kin.
(e) The court may consider the relative's or kin's criminal background, as permitted by
section 19-3-406. When considering whether to allow a placement with a relative or kin who has
been disqualified for placement pursuant to section 19 -3-406, the court shall consider the
following factors:
Colorado Revised Statutes 2026
Title 19 - Children's Code
-656-
(I) Whether the child's or youth's mental, physical, or emotional needs would be adversely
affected;
(II) The nature of the crime of conviction;
(III) Whether there is a direct relationship between the conviction and the relative's or kin's
ability to provide competent and safe care to the child or youth;
(IV) Length of time since conviction; and
(V) Evidence of rehabilitation.
(f) (I) If a child is eligible for services pursuant to section 19 -3-208, and the child's parent is
incarcerated in a department of corrections facility, a private correctional facility under contract
with the department of corrections, or a jail, then prior to any dispositional hearing, the county
department, upon knowledge of the incarceration, shall make reasonable efforts to involve the
parent who is incarcerated in planning the services for the child, or document the caseworker's
efforts to include the parent who is incarcerated in the planning. Reasonable efforts include:
(A) In any meeting customarily attended by a parent, permitting and facilitating, to the extent
reasonably practicable, a parent's remote attendance and participation through audio -visual
communication technology;
(B) Opportunities for meaningful family time between the child and parent. If in -person
family time is not reasonably practicable, the caseworker shall communicate with the facility or
jail regarding the facility's or jail's ability to facilitate family time between the child and parent
through audio -visual communication technology and arrange for available virtual family time.
The court shall consider the preferences of the child and parent when determining whether in -
person family time should occur. Nothing in this subsection (1)(f) requires the court to order
family time if a protection order prohibits contact between the child and the parent, or if the court
determines that family time would jeopardize the child's mental, emotional, or physical health.
The court shall not determine that family time is not in the child's best interests based solely on
the fact that in-person family time would occur in a facility or jail.
(C) Communicating with the facility's or jail's designee.
(II) The department may promulgate rules necessary to comply with the requirements of this
subsection (1)(f).
(2) If the court has reason to believe that the child may have an intellectual and
developmental disability, 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. If the court
has reason to believe that the child may have a behavioral or mental health disorder, the court
Colorado Revised Statutes 2026
Title 19 - Children's Code
-657-
shall order a behavioral or mental health disorder prescreening to be conducted in any
appropriate place.
(3) (a) Except as provided in section 19 -3-508 (1), the court may continue the dispositional
hearing, either on its own motion or on the motion of any interested party, for a reasonable
period to receive reports or other evidence.
(b) If the hearing is continued, the court shall make an appropriate order for detention of the
child or for such child's release in the custody of such child's parents, guardian, or other
responsible person or agency under such conditions of supervision as the court may impose
during the continuance.
(c) In scheduling investigations and hearings, the court shall give priority to proceedings
concerning a child who is in detention or who has otherwise been removed from such child's
home before an order of disposition has been made.
(4) (a) In any case in which the disposition is placement out of the home, except for children
or youth committed to the department of human services, the court shall, at the time of
placement, set a review within ninety -one days to determine whether continued placement is
necessary and in the best interests of the child or youth and the community, and whether
reasonable efforts have been made to return the child or youth to the home or, in the case of a
sibling group, whether it is in the best interests of the children or youth in the sibling group to be
placed together. If the county department locates an appropriate, capable, willing, and available
joint placement for all of the children or youth in the sibling group, it is presumed that placement
of the entire sibling group in the joint placement is in the best interests of the children or youth.
Such presumption may be rebutted 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, children, or
youth.
(b) If the county department locates a capable, willing, and available relative or kin for the
child or youth, it is presumed that placement of the child or youth with a relative or kin is in the
best interests of the child or youth. The presumption may be rebutted by a preponderance of the
evidence, giving primary consideration to the child's or youth's mental, physical, and emotional
needs, including the child's or youth's preference regarding placement. The court shall consider
whether a proposed placement would hinder efforts to reunite the parent and the child or youth
and the parent's preference regarding placement. A parent's objection to placement with a
particular relative or kin is not alone sufficient to show that the proposed placement would hinder
reunification.
(c) The judge shall review the family services plan document regarding placement of siblings
and efforts to locate relatives or kin. If the child or youth is residing with a relative or kin, the
family services plan must describe the efforts made by the county to maintain the child or youth
in the relative or kinship home and to not remove the child or youth from the kinship or relative
Colorado Revised Statutes 2026
Title 19 - Children's Code
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home except to effectuate a permanency goal of reunification or after finding that remaining in
the kinship placement is contrary to the child's or youth's mental, physical, or emotional needs,
or when the relative or kinship placement decides they are no longer able to care for the child or
youth. The court shall give notice of the review to all parties and to the director of the facility or
agency in which the child or youth is placed and any person who has physical custody of the
child or youth and any attorney or guardian ad litem of record. The review shall be conducted in
accordance with section 19-1-115 (8)(f).
(5) (a) Parents, grandparents, or relatives who have information or knowledge concerning the
care and protection of the child or youth, or kin caregiver who has the child in the caregiver's
care for more than three months, may intervene as a matter of right following adjudication with
or without counsel.
(b) A county department of human or social services that placed a child in foster care shall
provide the foster parent of the child and any pre -adoptive parent or relative providing care for
the child with notice of any administrative review of the child's case.
(c) Upon the written request of the foster parent, pre -adoptive parent, or relative, notice of a
court hearing for the child's case shall be provided in written form and may be provided through
the caseworker at the usual periodic meetings with the person providing care for the child. The
notice shall include, at a minimum:
(I) The child's court case number;
(II) The date and time of the next court hearing; and
(III) The name of the magistrate or judge and the court division to which the case has been
assigned.
(d) Foster parents who have the child or youth in their care for twelve months or more may
intervene, as a matter of right, with or without counsel, following adjudication. The purpose of
intervention is to provide knowledge or information concerning the care and protection of the
child or youth, including the child's or youth's mental, physical, and emotional needs.
(e) An intervenor may not, on the intervenor's own motion, seek to restrict family time
between a child or youth and the parent or relatives, file a petition to terminate parental rights, or
appeal a denial of termination of parental rights.
(6) In adopting a treatment plan, the court shall consider services and programs that provide
the parent and child with language access and effective communication and identify the manner
in which the county department ensures the provision of language access and effective
communication consistent with the requirements of the federal "Americans with Disabilities Act
of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and its related amendments and
implementing regulations, and Title IV of the federal "Civil Rights Act of 1964", 42 U.S.C. sec.
2000d et seq., as amended, and its related amendments and implementing regulations.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-659-
Source: L. 87: Entire title R&RE, p. 784, § 1, effective October 1. L. 92: (2) amended, p.
1398, § 58, effective July 1. L. 93: Entire section amended, p. 389, § 3, effective April 19; (1)
amended, p. 2017, § 8, effective July 1. L. 94: (1)(b) and (4) amended, p. 2684, § 204, effective
July 1. L. 97: (5) added, p. 1439, § 14, effective July 1. L. 99: (4) amended, p. 911, § 6, effective
July 1. L. 2000: (1)(b) and (4) amended, p. 476, § 4, effective July 1. L. 2003: (1)(b) and (4)
amended, p. 2624, § 5, effective June 5. L. 2004: (5) amended, p. 972, § 1, effective August 4. L.
2006: (2) amended, p. 1404, § 60, effective August 7. L. 2008: (4) amended, p. 1894, § 66,
effective August 5. L. 2017: (2) amended, (SB 17 -242), ch. 263, p. 1317, § 165, effective May
25. L. 2018: (1)(c) added, (HB 18 -1104), ch. 164, p. 1135, § 7, effective April 25; (5)(b)
amended, (SB 18 -092), ch. 38, p. 422, § 61, effective August 8. L. 2021: (1)(b) amended, (SB
21-059), ch. 136, p. 732, § 79, effective October 1; (2) amended, (HB 21 -1187), ch. 83, p. 328, §
12, effective July 1, 2024. L. 2023: (1)(b.5), (1)(b.7), (1)(d), (1)(e), (5)(d), and (5)(e) added and
(4) and (5)(a) amended (HB 23 -1024), ch. 367, p. 2210, § 4, effective August 7; (1)(f) added,
(SB 23-039), ch. 191, p. 955, § 5, effective January 1, 2024. L. 2024: (6) added, (HB 24 -1031),
ch. 327, p. 2214, § 4, effective August 7.
Editor's note: (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-
109 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section in House Bill 93 -1058 and Senate Bill 93 -28 were
harmonized.
Cross references: For the legislative declaration contained in the 1999 act amending
subsection (4), see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative
declaration in SB 17 -242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the
legislative declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of Colorado
2018. For the legislative declaration in HB 23 -1024, see section 1 of chapter 367, Session Laws
of Colorado 2023. For the legislative declaration in SB 23 -039, see section 1 of chapter 191,
Session Laws of Colorado 2023.
ANNOTATION
Law reviews. For article, "Interested
Parties in Juvenile Dependency and Neglect
Cases", see 33 Colo. Law. 109 (Aug. 2004).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-660-
Dispositional and adjudicatory
hearings may be combined. The clear
meaning and import of the hearing
provisions provide in proper cases that the
adjudicatory hearing and the dispositional
hearing may be separate hearings, but that
also, in a proper case, providing prior notice
thereof is given, the dispositional hearing
may be had coextensively with the
adjudicatory hearing. When the latter
alternative is followed, it is necessary that
there be presented at the hearing evidence
relating to factors which the court must
consider before it can make a proper
disposition. Johnson v. People in Interest of
W__ J__, 170 Colo. 137, 459 P.2d 579
(1969).
The Colorado Children's Code provides
for either a combined or bifurcated
adjudicatory-dispositional procedure. People
in Interest of M.B., 188 Colo. 370, 535 P.2d
192 (1975).
It is not sufficient for a court to
substantially comply with the procedural
requirements of the section. It must
conduct an actual dispositional hearing
concerning an appropriate treatment plan.
People in Interest of B.C., 2018 COA 45,
418 P.3d 538.
A trial court may not enter a
dispositional order without having first
entered an order adjudicating the child
dependent or neglected. People ex rel. J.L.,
121 P.3d 315 (Colo. App. 2005).
Duty of court. Having determined that
the child is dependent and neglected, the
court has the duty in a dispositional hearing
to formulate a remedy which will secure for
each child such care and guidance,
preferably in his own home, as will best
serve his welfare and the interests of society.
People in Interest of K.S., 33 Colo. App. 72,
515 P.2d 130 (1973).
The juvenile court has the power and the
duty to make such determinations as it
deems appropriate regarding the custody and
care of a child adjudicated to be within its
exclusive jurisdiction. City & County of
Denver v. Juvenile Court, 182 Colo. 157,
511 P.2d 898 (1973).
Interests of child primary issue. The
primary and controlling issue in child
custody cases is the determination of what
will serve the best interests of the child. It
applies with greater reason and was clearly
meant to apply in proceedings where a child
has been declared dependent and neglected.
Johnson v. People in Interest of W__ J__,
170 Colo. 137, 459 P.2d 579 (1969).
The Colorado Children's Code does not
supply definition of "interested party". In
re People in Interest of C.P., 34 Colo. App.
54, 524 P.2d 316 (1974).
But contemplates their participation.
While the Colorado Children's Code does
not expressly define those persons who may
become "parties" to proceedings, it does
contemplate the participation of interested
third parties. In re People in Interest of C.P.,
34 Colo. App. 54, 524 P.2d 316 (1974).
The Children's Code expressly
contemplates the active participation of
"interested parties" at the dispositional
hearing. The code does not, however,
delineate who is entitled to participate as an
interested party. People in Interest of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-661-
M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234
(1974).
The Children's Code expressly
contemplates participation of interested
parties in juvenile cases. People in Interest
of R.J.G., 38 Colo. App. 148, 557 P.2d 1214
(1976).
This section does not broaden a
juvenile court's personal jurisdiction to
include nondependent siblings of a youth
in foster care or require the siblings to
attend therapeutic visitation with the youth.
In re People in Interest of S.A., 2022 CO 27,
511 P.3d 597.
Includes person furnishing child
support pursuant to juvenile court order.
Since the juvenile court has the power to
compel legally responsible persons to
support a child, it necessarily follows that a
person furnishing support to a child in
accordance with an order of the juvenile
court has the right to intervene in a child in
need of supervision proceeding as an
interested party for the purpose of
recovering the cost of that support. People in
Interest of R.J.G., 38 Colo. App. 148, 557
P.2d 1214 (1976).
Those having custodial experience with
the child have sufficient interest,
knowledge, and concern relative to the
child to bring them within the classification
of "interested parties" and thus they are
entitled, upon application, to intervene as a
matter of right in the dispositional hearing.
People in Interest of M.D.C.M., 34 Colo.
App. 91, 522 P.2d 1234 (1974).
Those who may aid court. Among those
who can be considered interested parties are
individuals who, because of their
relationship with or particular knowledge
concerning the child, can materially aid the
court in its determination of what in fact is
in the child's best interest. People in Interest
of M.D.C.M., 34 Colo. App. 91, 522 P.2d
1234 (1974).
Intervenor in dependency and neglect
proceeding only entitled to full
participation when the child is not in the
parent's custody. Foster parent intervenor
could testify regarding the best interests of
the child only since the child had returned to
the custody of the mother before the hearing.
People ex rel. A.W.R., 17 P.3d 192 (Colo.
App. 2000).
Foster parents who meet the required
statutory criteria to intervene may
participate fully in the termination hearing
without limitation. A.M. v. A.C., 2013 CO
16M, 296 P.3d 1026.
Foster parents are statutorily permitted
to intervene in dependency and neglect
proceedings to provide information about
the child; however, the foster parents do not
have an interest, as a matter of law, in the
outcome of a termination of parental rights
proceeding. It is further not necessary to
allow foster parents to represent the best
interests of the child in an appeal proceeding
because the appointed guardian ad litem is
expressly authorized by the Colorado
Children's Code to fulfill that role. F urther,
in an appeal proceeding concerning the
termination of parental rights, the foster
parents lack standing because they have not
suffered an injury in fact because the
adoption they hope for is, at the time of the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-662-
appeal, merely speculative. C.W.B., Jr. v.
A.S., 2018 CO 8, 410 P.3d 438.
Parents' due process rights are not
impacted by the full participation of
foster parents in a termination hearing.
A.M. v. A.C., 2013 CO 16M, 296 P.3d 1026.
Foster parent does not have
constitutionally protected liberty interest
in continued relationship with child. Unlike
the natural family, foster parents derive their
rights from statute and the contractual
relationship with the state. People ex rel.
A.C., 304 P.3d 589 (Colo. App. 2011), aff'd
sub nom. M.S. v. People, 2013 CO 35, 303
P.3d 102.
Grandmother's standing as interested
party. While grandmother, who petitioned
for custody of children who had been
adjudicated dependent and neglected, but
who had failed to enter the proceeding in
which the adjudication had been made, had
no "right" to custody, she had standing as an
"interested party" to challenge the court's
order granting temporary custody to the
county welfare department for the purpose
of placing the children for adoption. In re
People in Interest of C.P., 34 Colo. App. 54,
524 P.2d 316 (1974).
Grandmother as petitioner seeking
custody. Although joinder of grandmother
as a "respondent" in dispositional stage
would be inappropriate since such
proceedings do not purport to affect any
existing legal relationship between her and
the children, this, however, does not
preclude her from becoming a "party" to
such proceedings as a petitioner seeking
custody. In re People in Interest of C.P., 34
Colo. App. 54, 524 P.2d 316 (1974).
Procedural rights. Grandmother's right
of participation seeking custody at
dispositional stage included the right to be
informed by the court of her right of cross -
examination, to put on evidence in her own
behalf in asserting her fitness for custody,
and to receive notice of any subsequent
hearings. In re People in Interest of C.P., 34
Colo. App. 54, 524 P.2d 316 (1974).
Relative who does not make
application. Court in the dispositional stage
need not give notice to, nor consider the
rights of, relatives who are seeking custody
of children adjudicated neglected or
dependent, if such relatives have not made
timely application. In re People in Interest of
C.P., 34 Colo. App. 54, 524 P.2d 316 (1974).
In order to terminate parental rights
(now parent -child legal relationship), the
trial court must find that the condition
which results in the determination that the
child is dependent and neglected will in all
probability continue into the future and the
court must further find that under no
reasonable circumstances can the welfare of
the child be served by a continuation of the
parent-child relationship. People in Interest
of M.B., 188 Colo. 370, 535 P.2d 192
(1975).
Court's failure to conduct a
dispositional hearing and approve a new
treatment plan after children were
adjudicated dependent or neglected did
not prejudice mother's ability to preserve her
parental rights when court conducted
proceeding in substantial compliance with
Colorado Revised Statutes 2026
Title 19 - Children's Code
-663-
the statutory requirements for termination.
People ex rel. T.E.H., 168 P.3d 5 (Colo. App.
2007).
A court may hold a dispositional
hearing and find that no appropriate
treatment plan can be devised for a
parent after it has already approved an
initial treatment plan for the parent at a
prior hearing. The purposes of the
Colorado Children's Code — to preserve
and strengthen family ties and protect the
best interests of the child — require courts
to have the flexibility to modify or adopt
new dispositional orders. People in Interest
of Z.P.S., 2016 COA 20, 369 P.3d 814.
A court may rely on evidence that was
previously considered, or could have been
presented, at a prior hearing when it
modifies its orders at a subsequent
hearing to hold that an appropriate
treatment plan cannot be devised. People
in Interest of Z.P.S., 2016 COA 20, 369 P.3d
814.
Counsel for children required in
petition to terminate parental rights (now
parent-child legal relationship). Where the
object of an amended petition was to
terminate parental rights, it was plain error
to proceed to a dispositional hearing in the
absence of counsel for the children. People
in Interest of M.B., 188 Colo. 370, 535 P.2d
192 (1975).
Juvenile court may delegate
responsibility for placement of child. City
& County of Denver v. Juvenile Court, 182
Colo. 157, 511 P.2d 898 (1973).
C.R.C.P. 24 has no application in
proceeding under the Colorado
Children's Code, as the code itself
expressly contemplates the active
participation of interested parties. People in
Interest of M.D.C.M., 34 Colo. App. 91, 522
P.2d 1234 (1974).
Admission of study with cross -
examination satisfies due process. Where
parents obtained attendance of authors of
social reports admitted in proceeding to
adjudge child to be dependent and neglected
and to terminate parental rights, and where
parents cross -examined each author,
admission of such reports did not deny due
process to parents. In re People in Interest of
A.R.S., 31 Colo. App. 268, 502 P.2d 92
(1972).
Common-law hearsay objections as to
admissibility of social study are not
applicable. In re People in Interest of
A.R.S., 31 Colo. App. 268, 502 P.2d 92
(1972).
Where this section authorizes
consideration of social reports, fact that they
may contain hearsay or are prepared by non -
experts becomes matter concerning their
weight and probative value and not their
admissibility. In re People in Interest of
A.R.S., 31 Colo. App. 268, 502 P.2d 92
(1972).
Waiver of jurisdiction is not final
disposition of action. It is evident from the
provisions of this section and §§ 19 -3-
108(4) and 19 -3-106 that an order of the
juvenile division of the district court
waiving jurisdiction is not a final disposition
of the action. People in Interest of D.H., 37
Colo. App. 544, 552 P.2d 29 (1976), aff'd,
192 Colo. 542, 561 P.2d 5 (1977).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-664-
Grandparents have right to intervene
in a dependency and neglect proceeding
under C.R.C.P. 24(a). Denial of
grandparents' motion to intervene is a final
appealable order because grandparents may
intervene as a matter of right under § 19 -3-
507 (5)(a). People ex rel. O.C., 2012 COA
161, 312 P.3d 226, aff'd, 2013 CO 56, 308
P.3d 1218.
Parents, grandparents, or other
relatives may intervene in a dependency
and neglect proceeding as a matter of
right at any time after adjudication. That
right is not contingent upon having had the
child in their care for more than three
months. Only foster parents are required to
provide care to the child for three months
before being permitted to intervene. People
ex rel. O.C., 2012 COA 161, 312 P.3d 226,
aff'd, 2013 CO 56, 308 P.3d 1218.
Grandmother had standing to seek
allocation of parental responsibilities
order as an intervenor under subsection
(5)(a). People in Interest of J.G., 2021 COA
47, 486 P.3d 504.
Mother should have been afforded
presumption under Troxel v. Granville,
530 U.S. 57 (2000), when court allocated
parenting time to paternal grandmother
after court's earlier findings that mother
had complied with her treatment plan
and was a fit parent. Trial court did not
apply a presumption in favor of mother's
determination that a transition plan should
be developed to return children to her care
and that she should have joint decision -
making authority. Court must apply clear
and convincing evidence standard and place
the ultimate burden on grandmother and
guardian ad litem to show allocation is in
children's best interests and must identify
special factors that justify interfering with
mother's decisions. People in Interest of
J.G., 2021 COA 47, 486 P.3d 504.
Applied in Overturf v. District Court, 198
Colo. 516, 602 P.2d 850 (1979); People in
Interest of A.M.D., 648 P.2d 625 (Colo.
1982).
19-3-508. Neglected or dependent child or youth - disposition - concurrent planning -
definition.
(1) When a child or youth has been adjudicated to be neglected or dependent, the court may
enter a decree of disposition the same day, but in any event it shall do so within forty -two days,
unless the court finds that the best interests of the child or youth will be served by granting a
delay. In a county designated pursuant to section 19 -1-123, if the child or youth is less than six
years of age at the time a petition is filed in accordance with section 19 -3-501 (2), the court shall
enter a decree of disposition within twenty-eight days after the adjudication and shall not grant a
delay unless good cause is shown and unless the court finds that the best interests of the child or
youth will be served by granting the delay. It is the intent of the general assembly that the
dispositional hearing be held on the same day as the adjudicatory hearing, whenever possible. If
a delay is granted, the court shall set forth the reasons why a delay is necessary and the minimum
Colorado Revised Statutes 2026
Title 19 - Children's Code
-665-
amount of time needed to resolve the reasons for the delay and shall schedule the hearing at the
earliest possible time following the delay. When the proposed disposition is termination of the
parent-child legal relationship, the hearing on termination must not be held on the same date as
the adjudication, and the time limits set forth above for dispositional hearings do not apply.
When the proposed disposition is termination of the parent-child legal relationship, the court may
continue the dispositional hearing to the earliest available date for a hearing in accordance with
subsection (3)(a) of this section and part 6 of this article 3. When the decree does not terminate
the parent -child legal relationship, the court shall approve an appropriate treatment plan that
must include, but not be limited to, one or more of the following provisions of subsections (1)(a)
to (1)(d) of this section:
(a) The court may place the child in the legal custody of one or both parents or the guardian,
with or without protective supervision, under such conditions as the court deems necessary and
appropriate. 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) and is placed with a
parent or guardian who is a named respondent in a petition filed pursuant to section 19 -3-502,
the treatment plan shall include a requirement that the family obtain services specific to the
family's needs if available in the community where the family resides and based on the social
study and reports provided pursuant to section 19-1-107 (2.5).
(b) The court may place the child or youth in the legal custody of a relative or kin, including
the child's or youth's grandparent, or other suitable person, with or without protective
supervision, under such conditions as the court deems necessary and appropriate. If a child or
youth is not placed with a parent pursuant to subsection (1)(a) of this section, the court shall give
preference to placement with a grandparent or other relative or kin. If the county department
locates a capable, willing, and available relative or kin for the child or youth, it is presumed that
placement of the child or youth with a relative or kin is in the best interests of the child or youth.
The presumption may be rebutted by a preponderance of the evidence, giving primary
consideration to the child's or youth's mental, physical, and emotional needs, including the child's
or youth's preference regarding placement. The court shall consider whether a proposed
placement would hinder efforts to reunite the parent and the child or youth and the parent's
preference regarding placement. A parent's objection to placement with a particular relative or
kin is not alone sufficient to show that the proposed placement would hinder reunification.
(c) The court may place legal custody in the county department of human or social services
or a child placement agency for placement in a foster care home or other child care facility.
When the child is part of a sibling group and the sibling group is being placed out of the home, if
the county department locates an appropriate, capable, willing, and available joint placement for
all of the children in the sibling group, it is presumed that placement of the entire sibling group
in the joint placement is in the best interests of the children. Such presumption may be rebutted
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.
Colorado Revised Statutes 2026
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(d) (I) The court may order that the child be examined or treated by a physician, surgeon,
psychiatrist, or psychologist or that the child receive other special care and may place the child in
a hospital or other suitable facility for such purposes; except that the child may not be placed in a
mental health facility operated by the department of human services until the child has received a
behavioral or mental health disorder prescreening resulting in a recommendation that the child be
placed in a facility for evaluation pursuant to section 27 -65-106, or a hearing has been held by
the court after notice to all parties, including the department of human services. An order for an
emergency mental health hold must not be entered unless a hearing is held and evidence
indicates that the prescreening report is inadequate, incomplete, or incorrect and that competent
professional evidence is presented by a mental health professional that indicates that a behavioral
or 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.
(II) Placement in any facility operated by the department of human services shall continue
for such time as ordered by the court or until the professional person in charge of the child's
treatment concludes that the treatment or placement is no longer appropriate. If placement or
treatment is no longer deemed appropriate, the court shall be notified and a hearing held for
further disposition of the child within five days, excluding Saturdays, Sundays, and legal
holidays. The court shall make, prior to the hearing, such orders regarding temporary custody of
the child as are deemed appropriate.
(e) (I) Except where the proposed disposition is termination of the parent -child legal
relationship, the caseworker assigned to the case shall submit an appropriate treatment plan and
the court shall approve an appropriate treatment plan involving the child named and each
respondent named and served in the action. If a child's parent is incarcerated in a department of
corrections facility, a private correctional facility under contract with the department of
corrections, or a jail, the caseworker assigned to the case, upon knowledge of the incarceration,
shall include information in the report that details the services and treatment available to a parent
at the facility or jail where the parent is incarcerated or the caseworker's efforts to obtain that
information. The county department shall communicate with the facility or jail where the parent
is incarcerated regarding the requirements of the court -ordered treatment plan. However, the
court may find that an appropriate treatment plan cannot be devised as to a particular respondent
because the child has been abandoned as set forth in section 19 -3-604 (1)(a) and the parents
cannot be located, or because the child has been adjudicated as neglected or dependent based
upon section 19-3-102 (2), or due to the unfitness of the parents as set forth in section 19 -3-604
(1)(b). When the court finds that an appropriate treatment plan cannot be devised, the court shall
conduct a permanency hearing as set forth in section 19 -3-702 (1), unless a motion for
termination of parental rights has been filed within thirty days after the court's finding.
(II) Repealed.
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(III) If, after the dispositional hearing, the child's parent becomes continuously incarcerated
in a department of corrections facility, a private correctional facility under contract with the
department of corrections, or a jail for more than thirty -five days, then the caseworker assigned
to the case, upon knowledge of incarceration, shall provide information that details the services
and treatment available to a parent at the facility or jail where the parent is incarcerated or the
caseworker's efforts to obtain the information at the next scheduled court hearing.
(2) Before a disposition other than that provided in paragraph (a) of subsection (1) of this
section is made, it shall be established by a preponderance of the evidence that a separation of
the child from the parents or guardian is in the best interests of the child.
(3) (a) The court may enter a decree terminating the parent -child legal relationship of one or
both parents pursuant to part 6 of this article. Pursuant to section 19 -3-602 (1), 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 a 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.
(b) Upon the entry of a decree terminating the parent -child legal relationship of both parents,
of the sole surviving parent, or of the only known parent, the court may:
(I) Vest the county department of human or social services or a child placement agency with
the legal custody and guardianship of the person of a child for the purposes of placing the child
for adoption; or
(II) Make any other disposition provided in paragraph (b), (c), or (d) of subsection (1) of this
section that the court finds appropriate.
(b.5) In making a disposition pursuant to paragraph (b) of this subsection (3), the court may
give preference to making a disposition as provided in paragraph (b) of subsection (1) of this
section, if in the best interests of the child.
(c) Upon the entry of a decree terminating the parent -child legal relationship of one parent,
the court may:
(I) Leave the child in the legal custody of the other parent and discharge the proceedings; or
(II) Make any other disposition provided in subsection (1) of this section that the court finds
appropriate.
(4) (Deleted by amendment, L. 97, p. 520, § 8, effective July 1, 1997.)
(5) (a) In placing the legal custody or guardianship of the person of a child or youth with an
individual or a private agency, the court shall give primary consideration to the welfare of the
Colorado Revised Statutes 2026
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child or youth but shall take into consideration the religious and cultural preferences of the child
or youth or of the parents, whenever practicable.
(b) (I) If the court finds that placement out of the home is necessary and is in the best
interests of the child or youth and the community, the court shall place the child or youth with a
relative or kin, including the child's or youth's grandparent, as provided in subsection (1)(b) of
this section. In considering the placement, the court shall give primary consideration to the
child's or youth's mental, physical, and emotional needs, including the child's or youth's
preference regarding placement. The court shall consider whether a proposed placement would
hinder efforts to reunite the parent and the child or youth and the parent's preference regarding
placement. A parent's objection to placement with a particular relative or kin is not alone
sufficient to show that the proposed placement would hinder reunification. The court shall place
the child or youth in the facility or setting that most appropriately meets the needs of the child or
youth, the family, and the community. In making its decision as to proper placement, the court
shall utilize the evaluation for placement prepared pursuant to section 19 -1-107. If the court
deviates from the recommendations of the evaluation for placement in a manner that results in a
difference in the cost of the disposition ordered by the court and the cost of the disposition
recommended in the evaluation, the court shall make specific findings of fact relating to its
decision, including the monthly cost of the placement, if ordered. The court shall send a copy of
such findings to the chief justice of the supreme court, who shall report annually on such orders
and findings of fact to the joint budget committee, the public and behavioral health and human
services committee of the house of representatives, and the health and human services committee
of the senate, or any successor committees.
(II) Notwithstanding subsection (5)(b)(I) of this section to the contrary, when the child or
youth is part of a sibling group and the sibling group is being placed out of the home, if the
county department locates a capable, willing, and available joint placement for all of the children
or youth in the sibling group, it is presumed that placement of the entire sibling group in the joint
placement is in the best interests of the children or youth. The presumption may be rebutted 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, children, or youth.
(III) If the county department locates a capable, willing, and available relative or kin for the
child or youth, it is presumed that placement of the child or youth with the relative or kin is in
the best interests of the child or youth. The presumption may be rebutted by a preponderance of
the evidence, giving primary consideration to the child's or youth's mental, physical, and
emotional needs, including the child's or youth's preference regarding placement. The court shall
consider whether a proposed placement would hinder efforts to reunite the parent and the child or
youth and the parent's preference regarding placement. A parent's objection to placement with a
particular relative or kin is not alone sufficient to show that the proposed placement would hinder
reunification. Placement with a relative or kin must be considered and investigated when the
child or youth enters foster care, is moved from a foster home, or returns to foster care after the
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child or youth has achieved permanency. As used in this subsection (5), "relative" includes a
member of the child's or youth's birth family, adoptive family, and kin, regardless of whether
parental rights were terminated.
(6) The court may grant a new hearing as provided in the Colorado rules of juvenile
procedure.
(7) Efforts to place a child for adoption or with a legal guardian or custodian, including
identifying appropriate in -state and out -of-state permanent placement options, may be made
concurrently with reasonable efforts to preserve and reunify the family.
(8) When entering a decree placing the child or youth in the legal custody of a relative or
placing the child or youth in the legal custody of a county department for placement in a foster
care home, the court shall ensure that the child's or youth's placement at the time of the hearing is
in the best interests of the child or youth and shall inquire about documentation that the county
department or a licensed child placement agency has adequately screened the foster care provider
or the family member who is seeking to care for the child or youth and any adult residing in that
home and that all of the criminal history record checks and other background checks have been
completed as required pursuant to section 26-6-910 or 19-3-406.
Source: L. 87: Entire title R&RE, p. 785, § 1, effective October 1. L. 91: (1)(b), (3), and
(5)(b) amended, p. 265, § 9, effective May 31. L. 94: IP(1), (1)(a), IP(4), and (4)(a) amended, p.
2054, § 7, effective July 1; (1)(d) amended, p. 2685, § 205, effective July 1. L. 96: (1)(e)(II)
repealed, p. 85, § 11, effective March 20; IP(1) and (1)(c) amended, p. 265, § 17, effective July
1; (5)(b) amended, p. 1246, § 116, effective August 7. L. 97: IP(1), (1)(e)(I), and (4) amended, p.
520, § 8, effective July 1; (1)(e)(I) and (5)(b) amended, pp. 1439, 1441, §§ 15, 18, effective July
1. L. 98: (1)(e)(I) amended and (7) added, p. 1418, § 5, effective July 1. L. 99: (1)(e)(I)
amended, p. 912, § 7, effective July 1. L. 2001: (2) amended, p. 847, § 9, effective June 1. L.
2003: (1)(c) and (5)(b) amended, p. 2625, § 6, effective June 5; IP(1) and (3)(a) amended, p.
1225, § 1, effective August 6. L. 2007: (7) amended, p. 1018, § 8, effective May 22. L. 2010:
(1)(d)(I) amended, (SB 10 -175), ch. 188, p. 793, § 46, effective April 29. L. 2015: (8) added,
(SB 15-087), ch. 263, p. 1019, § 11, effective June 2. L. 2017: IP(1) and (1)(d)(I) amended, (SB
17-242), ch. 263, p. 1317, § 166, effective May 25. L. 2018: (1)(c) and (3)(b)(I) amended, (SB
18-092), ch. 38, p. 422, § 62, effective August 8. L. 2022: (8) amended, (HB 22-1295), ch. 123,
p. 836, § 40, effective July 1; (1)(d)(I) amended, (HB 22 -1256), ch. 451, p. 3234, § 39, effective
August 10. L. 2023: IP(1), (1)(b), and (5) amended, (HB 23 -1024), ch. 367, p. 2212, § 5,
effective August 7; (1)(d)(I) amended, (HB 23 -1301), ch. 303, p. 1821, § 23, effective August 7;
(8) amended, (HB 23 -1043), ch. 20, p. 79, § 3, effective August 7; (1)(e)(I) amended and
(1)(e)(III) added, (SB 23-039), ch. 191, p. 956, § 6, effective January 1, 2024.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Editor's note: (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 -3-111
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (1)(e)(I) by Senate Bill 97 -218 and Senate Bill 97 -71 were
harmonized.
(3) Although subsection (7) refers to the term "custodian", references to the term "custody",
and related terms, have been changed in other places in the Colorado Revised Statutes to
correspond with the use of the term "parental responsibilities" as described in § 14-10-124.
Cross references: For the legislative declaration contained in the 1996 act amending
subsection (5)(b), see section 1 of chapter 237, Session Laws of Colorado 1996. For the
legislative declaration contained in the 1999 act amending subsection (1)(e)(I), see section 1 of
chapter 233, Session Laws of Colorado 1999. For the legislative declaration contained in the
2001 act amending subsection (2), see section 1 of chapter 241, Session Laws of Colorado 2001.
For the legislative declaration in SB 17 -242, see section 1 of chapter 263, Session Laws of
Colorado 2017. For the legislative declaration in SB 18 -092, see section 1 of chapter 38, Session
Laws of Colorado 2018. For the legislative declaration in HB 23 -1024, see section 1 of chapter
367, Session Laws of Colorado 2023. For the legislative declaration in SB 23 -039, see section 1
of chapter 191, Session Laws of Colorado 2023.
ANNOTATION
Law reviews. For article, "Workmen's
Compensation, Attorneys and Family Law",
see 31 Dicta 1 (1954). For article, "One Year
Review of Domestic Relations", see 34
Dicta 108 (1957). For article, "One Year
Review of Criminal Law and Procedure",
see 36 Dicta 34 (1959). For note,
"Enforcement of Support Duties in
Colorado", see 33 Rocky Mt. L. Rev. 70
(1960). For article, "One Year Review of
Domestic Relations", see 38 Dicta 84
(1961). For note, "In re Gault and the
Colorado Children's Code", see 44 Den. L.
J. 644 (1967). For article, "Representing the
Mentally Retarded or Disabled Parent in a
Colorado Dependent or Neglected Child
Action", see 11 Colo. Law. 693 (1982). For
article, "Review of New Legislation
Relating to Criminal Law", see 11 Colo.
Law. 2148 (1982). For article, "Colorado
Residential Child Care Facilities: A Plea for
Adequate Funding", see 13 Colo. Law. 2241
(1984). For article, "The Role of Parents'
Counsel in Dependency and Neglect
Proceedings — Parts I and II", see 14 Colo.
Law. 568 and 794 (1985). For article,
"House Bill 1268 — In the Best Interests of
the Child", see 18 Colo. Law. 1703 (1989).
Annotator's note. (1) The following
annotations include cases decided under
former provisions similar to this section.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(2) A number of the cases annotated
below were decided prior to the 1977
amendment changing the term "parental
rights" to "parent-child legal relationship".
This section was enacted with an
understanding and appreciation of
societal interest in maintaining and
protecting the natural parents' interests in the
child, and those of the child in the parent,
absent parental acts or omissions sufficiently
harmful to the child to mandate a forfeiture
of those rights. People in Interest of K.S., 33
Colo. App. 72, 515 P.2d 130 (1973).
Parental rights are personal between
each parent and child. People in Interest of
K.S., 33 Colo. App. 72, 515 P.2d 130
(1973).
The Colorado Children's Code does not
recognize difference between deprivation
of parental custody and termination of
parental rights. The Children's Code does
not by its language clearly recognize the
substantial difference between deprivation
of parental custody and termination of
parental rights. People in Interest of K.S., 33
Colo. App. 72, 515 P.2d 130 (1973).
Jurisdiction of court to determine
placement. It is within the exclusive
jurisdiction of the court to determine the
placement of a child adjudicated neglected,
dependent, or delinquent. State Dept. of Soc.
Servs. v. Arapahoe County Dept. of Soc.
Servs., 642 P.2d 16 (Colo. App. 1981).
Section 19 -1-109 (2)(c) is not meant to
delay permanent placement decisions
while appeals of dependency and neglect
orders are litigated. Section 19 -1-109
(2)(c) provides the trial court with
continuing jurisdiction to enter further
permanent custody orders under § 19 -3-702
if it furthers the child's best interests, even if
those orders are entered after the order
adjudicating the child dependent or
neglected is appealed. People ex rel. K.A.,
155 P.3d 558 (Colo. App. 2006).
Power of court over custody. The court
and not the probation officer prescribes and
determines what the terms and conditions
are under which the child shall be
maintained by its custodian, and to make the
same specific in its order or judgment.
Young v. McLaughlin, 126 Colo. 188, 247
P.2d 813 (1952).
Criminal sanctions not provided. In a
hearing to determine if a child is neglected
or dependent, there is no fine or confinement
to a state institution nor any other criminal
sanctions. These are not criminal
proceedings. The state is in the position of
parens patriae, and the matter for
determination is what will serve the best
interests of the child. This is the rule which
prevails in Colorado and elsewhere in child
custody cases. Robinson v. People in Interest
of Zollinger, 173 Colo. 113, 476 P.2d 262
(1970).
No standards or guidance in selecting
alternative dispositions. This section
provides alternative methods of disposition
for children adjudicated neglected and
dependent, but other than directing the court
to operate in the best interests of the child,
the Colorado Children's Code establishes no
standards and provides no guidance to the
courts in choosing between these
alternatives. People in Interest of K.S., 33
Colo. App. 72, 515 P.2d 130 (1973).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Although this section provides alternative
methods of disposition, the Children's Code,
as a whole, does not establish standards and
guidelines to assist the courts in choosing
between alternatives. People in Interest of
M.B., 188 Colo. 370, 535 P.2d 192 (1975).
The court does not lack subject matter
jurisdiction to declare a child dependent
and neglected if the act of abuse took
place outside the state. Neither the
Uniform Child Custody Jurisdiction Act nor
the Colorado Children's Code requires that
acts of abuse take place in Colorado in order
to allow the state to protect an abused child
who is within the state's borders. People in
Interest of K.G., 876 P.2d 1 (Colo. App.
1993).
Under subsection (1) if a child is
adjudicated dependent or neglected and if
the decree does not terminate the parent -
child legal relationship, the court must
designate legal custody of the child. Such
legal custody may be placed in one of the
parents. People in Interest of R.E., 721 P.2d
1233 (Colo. App. 1986).
Interest and welfare of child is
controlling question. Every child is under
the control of the state, and even the paternal
right to its custody and control must yield to
the interests and welfare of the child, and the
paramount and controlling question by
which courts must be guided in proceedings
affecting the custody of the infant is the
interest and welfare of the child. People ex
rel. Flannery v. Bolton, 27 Colo. App. 39,
146 P. 489 (1915); McKercher v. Green, 13
Colo. App. 270, 58 P. 406, (1899); Wilson v.
Mitchell, 48 Colo. 454, 111 P. 21 (1910);
Breene v. Breene, 51 Colo. 342, 117 P. 1000
(1911); People ex rel. Broxholm v. Parks, 57
Colo. 458, 141 P. 994 (1914); Fulton v.
Martensen, 129 Colo. 125, 267 P.2d 658
(1954); Johnson v. People in Interest of W__
J__, 170 Colo. 137, 459 P.2d 579 (1969).
The desires and wishes of the parent
become subordinate to the court's
determination as to what order of custody
will be for the dependent child's best
interest. Young v. McLaughlin, 126 Colo.
188, 247 P.2d 813 (1952).
Under the Colorado Children's Code,
parties are precluded from stipulating
restrictions upon court's duty to protect best
interests of child. In re People in Interest of
A.R.S., 31 Colo. App. 268, 502 P.2d 92
(1972); People in Interest of G.K.H., 698
P.2d 1386 (Colo. App. 1984).
The paramount consideration of a
disposition is the best interests of the child
with due consideration being given to the
past history of the child while in the custody
of the parent or guardian. People in Interest
of K.S., 33 Colo. App. 72, 515 P.2d 130
(1973); People in Interest of R.E., 721 P.2d
1233 (Colo. App. 1986).
In providing for a child found to be
dependent or neglected, the focus is the best
interests of that child. People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
Court may conduct in camera
interview with a child to determine child's
best interests and how to allocate parental
responsibilities within a dependency and
neglect proceeding. Unless waived by the
parties, a record of the interview must be
made. The record must be made available to
Colorado Revised Statutes 2026
Title 19 - Children's Code
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parents, upon request, in situations in which
a parent needs (1) to determine whether the
court's findings, insofar as they relied on
facts from the interview, are supported by
the record, or (2) an opportunity to contest
information supplied by the child during the
interview and relied on by the court. People
in Interest of H.K.W., 2017 COA 70, 417
P.3d 875.
Observance of parents' wishes as to
religious training. The wishes of the parent
as to the religious training of the child are
subordinated to the controlling consideration
of the child's welfare. People ex rel.
Flannery v. Bolton, 27 Colo. App. 39, 146 P.
489 (1915).
Application of res judicata. A voluntary
dismissal pursuant to an invalid stipulation
is not a decision to which the doctrine of res
judicata applies to preclude a subsequent
action in dependency or neglect. People in
Interest of G.K.H., 698 P.2d 1386 (Colo.
App. 1984).
The court must hold a dispositional
hearing and consider an appropriate
treatment plan at the time or within 45 days
of declaring the child dependent or
neglected before terminating parental rights.
People ex rel. D.R.W, 91 P.3d 453 (Colo.
App. 2004).
Court did not err by holding a
contemporaneous dispositional and
termination hearing. Because father
received a hearing and an opportunity to
litigate the issue as to whether no treatment
plan could be devised for him because of his
unfitness, the proceedings were in
substantial compliance with the statutory
scheme. People ex rel. T.L.B., 148 P.3d 450
(Colo. App. 2006).
When rights may be terminated. A
parent's rights may be terminated only as
part of a corrective program and then only
when the continuation of the parent -child
relationship will obstruct the other measures
taken by the court for the child's benefit.
People in Interest of S.S.T., 38 Colo. App.
110, 553 P.2d 82 (1976).
In order to terminate parental rights,
the trial court must find that the condition
which results in the determination that the
child is dependent and neglected will in all
probability continue into the future and the
court must further find that under no
reasonable circumstances can the welfare of
the child be served by a continuation of the
parent-child relationship. People in Interest
of M.B., 188 Colo. 370, 535 P.2d 192
(1975).
In order to declare child neglected or
dependent as a preliminary to separating
him from his parents or custodians, the
evidence must clearly establish its necessity,
and state intervention should be limited to
instances of neglect and dependency as
defined in the Colorado Children's Code.
People in Interest of T.H., 197 Colo. 247,
593 P.2d 346 (1979).
Former standard for termination of
parental rights was "best interests and
welfare of child". People in Interest of C.S.,
200 Colo. 213, 613 P.2d 1304 (1980);
People in Interest of A.D., 706 P.2d 7 (Colo.
App. 1985).
Standard set forth in former subsection
(2)(a) is not unconstitutionally vague and
Colorado Revised Statutes 2026
Title 19 - Children's Code
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overbroad. People in Interest of C.S., 200
Colo. 213, 613 P.2d 1304 (1980).
Circumstances dictating termination of
parental rights. Termination of parental
rights following a determination of
dependency and neglect should result only
where there is a history of severe and
continuous neglect by the particular parent
whose rights are sought to be terminated, a
substantial probability of future deprivation,
and a determination that under no reasonable
circumstances can the welfare of the child
be served by a continuation of the legal
relationship of the child with that parent.
People in Interest of K.S., 33 Colo. App. 72,
515 P.2d 130 (1973).
A decree may terminate all parental rights
of one or both parents in the child, but such
an order must be based upon a finding of:
(1) Severe and continuous neglect by the
particular parent whose rights are at issue;
(2) a substantial probability of continued
deprivation; and (3) a determination that
under no reasonable circumstances can the
welfare of the child be served by a
continuation of the legal relationship of the
child with that parent. People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
The "best interest and welfare of the
child" standard was met only when it is
shown that: (1) there has been a history of
severe and continuous neglect by the parent
whose rights are sought to be terminated; (2)
there is a substantial probability of future
deprivation; and (3) under no reasonable
circumstances can the welfare of the child
be served by a continuation of the legal
relationship of the child with the parent.
People in Interest of C.S., 200 Colo. 213,
613 P.2d 1304 (1980).
Fact insufficient to terminate rights.
That the ongoing relationship of parent and
child may not presently be a positive factor
in the child's environment or development is
insufficient, in and of itself, to warrant
termination of parental rights in a
dependency proceeding. People in Interest
of S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
The possible rehabilitation of the
parent is a matter which must be
considered in a dependency proceeding in
determining whether the parental
relationship should be ended. People in
Interest of S.S.T., 38 Colo. App. 110, 553
P.2d 82 (1976).
Adjudications of neglect or dependency
are not made "as to" the parents, but
rather relate only to the status of the child.
People in Interest of P.D.S., 669 P.2d 627
(Colo. App. 1983).
To permit adjudication of dependency and
neglect on basis of non -custodial parent's
admission that child was not domiciled with
her through no fault of her own where finder
of fact has determined that child was not
dependent and neglected would produce an
absurd result and contravene the purposes of
this title. People in Interest of T.R.W., 759
P.2d 768 (Colo. App. 1988).
Petition in dependency may not be used
to punish parent. A petition in dependency
may only be used to correct and improve the
situation of the child, and may not be used to
punish a parent for his alleged poor behavior
by terminating his parental rights. People in
Colorado Revised Statutes 2026
Title 19 - Children's Code
-675-
Interest of S.S.T., 38 Colo. App. 110, 553
P.2d 82 (1976).
A proceeding to determine whether a child
is, in fact, dependent or neglected is not
designed to punish his parent or parents but
is merely an attempt to determine if, at the
time of adjudication, he does not, for
whatever reason, have the benefit of parental
guidance, concern, protection, or support to
which he is entitled. People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
A petition in dependency may not be
converted into a proceeding for
stepparent adoption by the actions either of
the parties, the referee, or the trial court.
People in Interest of S.S.T., 38 Colo. App.
110, 553 P.2d 82 (1976).
An action in dependency may not be used
as a means of making a child available for
adoption in a stepparent adoption
proceeding. Such tactic is inappropriate and
contrary to the statutory language as well as
the legislative intent of the Colorado
Children's Code. People in Interest of S.S.T.,
38 Colo. App. 110, 553 P.2d 82 (1976).
Procedures are not interchangeable.
Since a petition in dependency concerns
different matters and fulfills a different
purpose than a proceeding for a stepparent
adoption, procedures applicable to one may
not be used to accomplish the ends of the
other. People in Interest of S.S.T., 38 Colo.
App. 110, 553 P.2d 82 (1976).
Adoption proceeding distinguished. The
question of abandonment is one of the
elements involved in adoption proceedings,
but that does not change adoption
proceedings to an abandonment proceeding
under this section. Johnson v. Black, 137
Colo. 119, 322 P.2d 99 (1958).
When a child has been adjudicated
dependent or neglected, all matters
related to that child's status must be
addressed through the open dependency
and neglect case. The dependency and
neglect court maintains continuing,
exclusive jurisdiction over any such child.
People in Interest of E.M., 2016 COA 38M,
417 P.3d 843, aff'd sub nom. People in
Interest of L.M., 2018 CO 34, 416 P.3d 875.
A county department of human services
seeking to terminate through article 5,
relinquishment and adoption, an
incarcerated father's parental rights to
children who had been adjudicated as
dependent and neglected was required to
proceed instead through the laws and courts
created for this article 3, dependency and
neglect. People in Interest of E.M., 2016
COA 38M, 417 P.3d 843, aff'd sub nom.
People in Interest of L.M., 2018 CO 34, 416
P.3d 875.
Court is not free to delegate its initial
responsibility of electing between
alternative dispositions provided by the
Colorado Children's Code. In re People in
Interest of C.P., 34 Colo. App. 54, 524 P.2d
316 (1974).
Court may ultimately delegate
responsibility of placing children for
adoption to the welfare department. In re
People in Interest of C.P., 34 Colo. App. 54,
524 P.2d 316 (1974).
At which point it is not wise for court to
interfere. Once the final selection of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-676-
disposition has been made by the court and
custody has been placed in the welfare
department for adoption purposes, it is not
wise for the court to interfere with the
adoption process, even though the court has
the power to do so. In re People in Interest
of C.P., 34 Colo. App. 54, 524 P.2d 316
(1974).
Duty of court, aided by welfare
department. It is the court which has the
original and exclusive jurisdiction, and the
duty, to adjudicate whether a child is
dependent and neglected, to determine
whether it is in the best interest of the child
to terminate the legal relationship with the
child's parents, and to make such further
disposition as deemed necessary. If so
requested by the court, it is the function of
the welfare department to aid the court in the
court's pursuit of its obligations. People in
Interest of M.D.C.M., 34 Colo. App. 91, 522
P.2d 1234 (1974).
Authority of welfare department.
Inasmuch as the general assembly has
granted the court exclusive jurisdiction over
adoptions, has expressly authorized adoptive
placement, and has given the court the final
and sole responsibility of approving or
disapproving adoptions, it would be totally
inconsistent to conclude that the welfare
department or licensed placement agencies
are the sole entities authorized to place a
child for adoption following termination of
parental rights (now parent -child legal
relationship). People in Interest of
M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234
(1974).
No termination for "constructive"
abandonment. The general assembly has
not provided for the termination of parental
rights on the ground of "constructive"
abandonment. People in Interest of M.C.C.,
641 P.2d 306 (Colo. App. 1982).
Implicit in each of options under this
section is continuing jurisdiction of court
entering the decree to supervise the
custodian as well as the child. People in
Interest of C.A.K., 628 P.2d 136 (Colo. App.
1980), rev'd on other grounds, 652 P.2d 603
(Colo. 1982).
Termination of parental rights
supported by evidence. Johnson v. People
in Interest of W__ J__, 170 Colo. 137, 459
P.2d 579 (1969); In re People in Interest of
A.R.S., 31 Colo. App. 268, 502 P.2d 92
(1972).
Decree terminating parental rights to a
child not upheld. In re People in Interest of
R.L., 32 Colo. App. 29, 505 P.2d 968
(1973).
Requirement that the court order an
appropriate treatment plan implicitly
authorizes the court to issue such orders as
are reasonably necessary to implement that
mandate. People v. Dist. Court, 731 P.2d 652
(Colo. 1987).
Protective orders were properly issued
when confined to the reasonably necessary
relief to promote the therapeutic objectives
of the treatment plans, where no protection
was provided for disclosure of plans for
future criminal conduct or past criminal
conduct not related to the treatment plans,
and where communications between
therapists and children and between the
therapists and parents who had not engaged
in sexually abusive conduct were not
Colorado Revised Statutes 2026
Title 19 - Children's Code
-677-
protected. People v. Dist. Court, 731 P.2d
652 (Colo. 1987).
Treatment plan. Nothing in subsection
(1)(e)(I) grants a court the power to impose
a treatment plan on a parent when the child
has not been found to be dependent and
neglected by that parent. People ex rel. U.S.,
121 P.3d 326 (Colo. App. 2005).
During a dispositional hearing, a trial
court may find that a parent is unfit and
that no appropriate treatment plan can be
devised under subsection (1)(e)(I) if the
state shows, by a preponderance of the
evidence, that the child has suffered a single
incident resulting in serious bodily injury or
disfigurement as set forth in § 19 -3-604
(1)(b). People in Interest of L.S., 2023 CO
3M, 524 P.3d 847.
A court may hold a dispositional
hearing and find that no appropriate
treatment plan can be devised for a
parent after it has already approved an
initial treatment plan for the parent at a
prior hearing. The purposes of the
Colorado Children's Code — to preserve
and strengthen family ties and protect the
best interests of the child — require courts
to have the flexibility to modify or adopt
new dispositional orders. People in Interest
of Z.P.S., 2016 COA 20, 369 P.3d 814.
A court may rely on evidence that was
previously considered, or could have been
presented, at a prior hearing when it
modifies its orders at a subsequent
hearing to hold that an appropriate
treatment plan cannot be devised. People
in Interest of Z.P.S., 2016 COA 20, 369 P.3d
814.
The court properly ordered a treatment
plan compelling action by father even
though the jury verdict, which formed part
of the basis for the ultimate order, did not
expressly find that the father had committed
an act of abuse. People in Interest of K.G.,
876 P.2d 1 (Colo. App. 1993).
Where jury had found the child to be
dependent and neglected as to the father,
but had not found that the father had
subjected the child to "mistreatment or
abuse", the juvenile court had the discretion
to order a treatment plan that required the
father to be evaluated and possibly treated
for sexual aggression. People in Interest of
C.L.S., 934 P.2d 851 (Colo. App. 1996).
The approval of a treatment plan which
addresses the placement of a minor child
following an adjudication of dependency
and neglect constitutes a disposition and
renders the adjudication final for
purposes of appeal. People in Interest of
B.M., 738 P.2d 45 (Colo. App. 1987).
Joint custody is a placement alternative
under this section. People in Interest of
A.A.G., 902 P.2d 437 (Colo. App. 1995),
aff'd in part, rev'd in part on other grounds,
912 P.2d 1385 (Colo. 1996).
The appropriateness of a treatment
plan must be measured against the factors
which existed at the time of adoption of
the plan and must be evaluated by its
likelihood of success in reuniting the family.
People in Interest of C.S.M., 805 P.2d 1129
(Colo. App. 1990).
The fact that a plan is not ultimately
successful does not mean that it was
Colorado Revised Statutes 2026
Title 19 - Children's Code
-678-
therefore inappropriate. People in Interest
of A.G.G., 899 P.2d 319 (Colo. App. 1995).
However, the court is required to make
a finding that the treatment plan is
appropriate. People in Interest of B.C.,
2018 COA 45, 418 P.3d 538.
Parent's irremediable conduct at a
dispositional hearing negates requirement
that the court devise a treatment plan
since such plan would be doomed to failure
and would contravene the purposes of the
Colorado Children's Code. People in Interest
of T.W., 797 P.2d 821 (Colo. App. 1990).
Nine-month period between the
adoption of an appropriate treatment
plan and the hearing to terminate parental
rights was a reasonable amount of time for
the mother to attempt to comply with the
treatment plan. People in Interest of T.S.B.,
757 P.2d 1112 (Colo. App. 1988), aff'd, 785
P.2d 132 (Colo. 1990).
Mother's due process rights were
protected by her opportunity to challenge
the department of human services'
recommendation on the issue of her child's
placement at both the motions and
termination hearings. At both hearings, the
trial court afforded mother a full opportunity
to be heard and to present evidence in
contravention of the department's placement
recommendation. People in Interest of C.J.,
2017 COA 157, 410 P.3d 839.
Termination of parental rights
supported by evidence. People in Interest
of A.H., 736 P.2d 427 (Colo. App. 1987);
People in Interest of C.R., 772 P.2d 672
(Colo. App. 1989).
An adjudication of dependency and
neglect becomes final for purposes of
appeal upon disposition. People in Interest
of T.R.W., 759 P.2d 768 (Colo. App. 1988).
Subsection (1)(e) must be read in pari
materia with § 19 -3-604 (1)(b) since they
are part of the same code and pertain to the
same subject. People in Interest of T.W., 797
P.2d 821 (Colo. App. 1990).
Applied in People in Interest of H.A.C. v.
D.C.C., 198 Colo. 260, 599 P.2d 881 (1979);
Lovato v. Dist. Court, 198 Colo. 419, 601
P.2d 1072 (1979); People in Interest of B.W.,
43 Colo. App. 235, 626 P.2d 742 (1981);
People in Interest of E.A., 638 P.2d 278
(Colo. 1981); People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982); People in
Interest of C.A.K., 652 P.2d 603 (Colo.
1982); People v. Coyle, 654 P.2d 815 (Colo.
1982); People in Interest of A.J., 757 P.2d
1165 (Colo. App. 1988).
PART 6
TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP
Law reviews: For article, "Difficult Issues in Adoption -- Part 1", see 24 Colo. Law. 851
(1994); for article, "Difficult Issues in Adoption -- Part 2", see 24 Colo. Law. 1083 (1994).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-679-
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".
Source: L. 87: Entire title R&RE, p. 787, § 1, effective October 1.
Editor's note: 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.
ANNOTATION
Law reviews. For article, "Adoption
Procedures of Minor Children in Colorado",
see 12 Colo. Law. 1057 (1983).
There is no statutory authority for a
guardian ad litem to exercise "protective
supervision" over one or both parents
pursuant to subsection (1)(a). People ex rel.
E.D., 221 P.3d 65 (Colo. App. 2009).
19-3-602. 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 section 19-1.2-125, the motion for termination must:
(I) Include a statement indicating what continuing inquiries the county department of human
or social services has made in determining whether the child who is the subject of the
termination proceeding is an Indian child;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-680-
(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 Indian child's parent or Indian custodian and to the Indian
child's tribe, pursuant to section 19 -1.2-108, the postal receipts, or copies thereof, must be
attached to the motion for termination and filed with the court or filed within fourteen days after
the filing of the motion for termination, as specified in section 19-1.2-107 (1)(b).
(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.
Source: 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. L. 2022: (3)(b)
added by revision, (HB 22 -1038), ch. 92, pp. 437, 446, §§ 11, 37. L. 2024: IP(1.5)(a) and
(1.5)(a)(I) amended, (HB 24 -1222), ch. 155, p. 689, § 9, effective August 7. L. 2025: IP(1.5)(a)
and (1.5)(b) amended, (HB 25-1204), ch. 338, p. 1817, § 7, effective August 6.
Editor's note: (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 -11-103
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (3)(b) provided for the repeal of subsection (3), effective January 9, 2023. (See
L. 2022, pp. 437, 446.)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-681-
Cross references: For the legislative declaration contained in the 2002 act enacting subsection
(1.5), see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative
declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.
ANNOTATION
Law reviews. For article, "Representing
the Mentally Retarded or Disabled Parent in
a Colorado Dependent or Neglected Child
Action", see 11 Colo. Law. 693 (1982). For
comment, "Lassiter v. Department of Social
Services: Due Process Takes an Ad Hoc
Turn — What's a Parent to Do?", see 59
Den. L.J. 591 (1982). For casenote, "People
in Interest of A.M.D.: Are Parental Rights
Terminated Too Easily in Colorado?", see 55
U. Colo. L. Rev. 423 (1984). For article,
"The Role of Parents' Counsel in
Dependency and Neglect Proceedings —
Part I", see 14 Colo. Law. 568 (1985). For
article, "The Role of Children's Counsel in
Contested Child Custody, Visitation and
Support Cases", see 15 Colo. Law. 224
(1986). For article, "Colorado Moves
Toward Full Compliance With Federal
Indian Child Welfare Act", see 31 Colo.
Law. 77 (Nov. 2002).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Termination of parental rights is a
drastic remedy. People in Interest of Baby
Girl D., 44 Colo. App. 192, 610 P.2d 1086
(1980).
Such remedy will not be imposed unless
all the conditions of this section are met.
Where the state failed to file a written
motion thirty days prior to the hearing, there
was no compliance with the statute. People
in Interest of C.L.S., 705 P.2d 1026 (Colo.
App. 1985).
When the state seeks to terminate the
relationship between a parent and child, it
must comply with the due process clause,
which requires a fundamentally fair
procedure. People ex rel. T.D., 140 P.3d
205 (Colo. App. 2006).
For procedural due process purposes,
fairness is assessed by application of the
three-factor test set forth in Mathews v.
Eldridge, 424 U.S. 319 (1976), which
requires consideration of three distinct
factors: (1) The private interest that will be
affected by the official action; (2) the risk of
an erroneous deprivation of such interest
through the procedures used and the
probable value, if any, of additional or
substitute procedural safeguards; and (3) the
state interest, including the function
involved and the fiscal and administrative
burdens that the additional or substitute
procedural requirement would entail. People
ex rel. T.D., 140 P.3d 205 (Colo. App. 2006).
Due process requires that respondent
father be given notice of termination
proceedings, an opportunity to be heard
or defend, and to have the assistance of
legal counsel. Because respondent had the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-682-
opportunity to appear through court -
appointed counsel, his absence was not
prejudicial error. People in Interest of
V .M.R., 768 P.2d 1268 (Colo. App. 1989).
Issue of notice and pleading of
constitutional proportions. Even if an
allegation in a mother's motion for a new
trial after the termination of her parental
rights in her child was inadequate to raise
the issue of adequacy of notice and pleading
in a juvenile proceeding, it is of
constitutional proportions, and the court of
appeals is obliged to address the issue on its
merits. People in Interest of Baby Girl D.,
44 Colo. App. 192, 610 P.2d 1086 (1980).
Due process requires notice of hearing.
Despite the fact that this section contains no
notice requirement, due process requires that
a parent receive adequate notice of a
termination hearing and an opportunity to
protect his interests at the hearing. People in
Interest of M.M., 726 P.2d 1108 (Colo.
1986).
Absence of notice provision in statute
does not violate due process. Where parent
had been given adequate notice of the
hearing, the absence of a notice provision in
the statute is not a violation of due process.
People in Interest of M.M., 726 P.2d 1108
(Colo. 1986).
When basis for delay is apparent from
the record and parents did not object, trial
court's failure to make express findings that
there was good cause for delay not error.
People ex rel. T.E.H., 168 P.3d 5 (Colo. App.
2007); People ex rel. D.M., 186 P.3d 101
(Colo. App. 2008).
The statutory time in which to conduct
a termination hearing is not
jurisdictional; therefore, parents' failure to
raise the issue in the trial court precludes
relief on appeal. People ex rel. T.E.H., 168
P.3d 5 (Colo. App. 2007).
Failure to hold a hearing within 120
days does not warrant reversal because
the statutory time in which to conduct a
termination hearing is not jurisdictional.
People ex rel. D.M., 186 P.3d 101 (Colo.
App. 2008).
Section does not require court to
appoint counsel, sua sponte, for any parent
who does not have counsel at the time that a
motion to terminate parental rights is filed.
People in Interest of V .W., 958 P.2d 1132
(Colo. App. 1998).
In determining whether an indigent
parent has the right to appointed counsel
in a termination proceeding resulting
from a dependency and neglect
adjudication, a court is to consider
whether (1) the parent's interest is an
extremely important one; (2) the state shares
with the parent an interest in a correct
decision, has a relatively weak pecuniary
interest, and, in some but not all cases, has a
possibly stronger interest in informal
procedures; and (3) the complexity of the
proceeding and the incapacity of the
uncounselled parent could be, but would not
always be, great enough to make the risk of
an erroneous deprivation of the parent's
rights insupportably high. In re C.A.O., 192
P.3d 508 (Colo. App. 2008).
These factors should be considered to
resolve parent's due process argument in a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-683-
stepparent adoption proceeding. In re
C.A.O., 192 P.3d 508 (Colo. App. 2008).
These factors should also be considered to
resolve parent's due process argument in
adoption proceedings when parent is
incarcerated out of state and has no ability to
participate in the proceedings. In re R.L.S.,
2019 COA 112, 451 P.3d 1249.
The decision whether due process calls
for the appointment of counsel for indigent
parents in stepparent adoption proceedings
must be answered in the first instance by the
trial court, subject to appellate review. In re
C.A.O., 192 P.3d 508 (Colo. App. 2008).
Court erroneously denied father his
statutory right to counsel by effectively
dismissing counsel by entering a default
judgment against father without father being
present. The erroneous denial of father's
statutory right to counsel during a
substantial part of a parental rights
termination hearing constituted reversible
error per se under the circumstances
presented. People ex rel. R.D., 2012 COA
35, 277 P.3d 889.
Father not denied due process by the
court's failure to appoint counsel for him
when father concedes that he received
written notice of the right to counsel both
at the commencement of the dependency
and neglect case and when the motion to
terminate was filed and concedes that he
earned too much money to qualify for state -
paid counsel under judicial guidelines but
complains that he should have received an
application form to establish indigency after
the motion to terminate was filed; rather, it
was father's duty to request indigency status
again, if he so desired. People ex rel. M.C.,
94 P.3d 1220 (Colo. App. 2004).
Mother did not have a due process
right to counsel during interview with
expert witness in dependency and neglect
proceedings. A party to a dependency and
neglect proceeding is not entitled to the
same due process rights as a defendant in a
criminal proceeding. People in Interest of
K.N.B.E., 2019 COA 157, 457 P.3d 140.
Court must follow the prejudice test in
Strickland v. Washington, 466 U.S. 668
(1984), for ineffective assistance of
counsel claims in termination of parental
rights proceedings. To establish prejudice
from counsel's deficient performance in a
dependency and neglect proceeding, a party
must show that there is a reasonable
probability that, but for counsel's
unprofessional errors, the result of the
proceeding would have been different.
People in Interest of A.R., 2020 CO 10, 456
P.3d 1266; People in Interest of A.L.W, 2020
CO 11, 456 P.3d 1284.
This section does not violate the
requirement of equal protection of the
laws by requiring appointment of a guardian
ad litem for a minor parent but not for a
mentally disabled parent. People in Interest
of M.M., 726 P.2d 1108 (Colo. 1986).
It was not a violation of father's equal
protection right when sheriff failed to
transport him at state expense to parental
termination hearing. No group of
individuals is entitled by law to be
transported to these hearings. Indigent non -
incarcerated individuals are thus not granted
special preference over indigent incarcerated
Colorado Revised Statutes 2026
Title 19 - Children's Code
-684-
individuals. Hence, the trial court ruling
does not create a classification nor have
special impact on father. People in Interest
of C.G., 885 P.2d 355 (Colo. App. 1994).
C.R.C.P. 56 is applicable in a
termination of parental rights proceeding
under the Colorado Children's Code.
Because termination of the parent -child
relationship is a drastic remedy that affects a
parent's liberty interest, a court deciding a
summary judgment motion seeking to
terminate parental rights must apply the
standard of clear and convincing evidence to
the applicable statutory criteria. People in
Interest of A.E., 914 P.2d 534 (Colo. App.
1996).
Service requirements of C.R.C.P. 5(d)
apply to motion for termination of
parental rights. People in Interest of M.M.,
726 P.2d 1108 (Colo. 1986).
The context of subsection (3) requires
that "minor" be defined as a person 18
years of age or older. Defining "minor" in
subsection (3) as a person under the age of
21 would be inconsistent with § 13 -22-101
and the definitions of "child" and "adult" in
the Colorado Children's Code. People ex rel.
L.A.C., 97 P.3d 363 (Colo. App. 2004).
The definition of a "minor" in § 2 -4-
401 (6) is not applicable in subsection (3) of
this section because "the context otherwise
requires". People ex rel. L.A.C., 97 P.3d 363
(Colo. App. 2004).
In a dependency and neglect case under
this article 3, a parent's parental rights
may be terminated only through the
Parent-Child Legal Relationship
Termination Act of 1987, §§ 19 -3-601 to
19-3-612. People in Interest of E.M., 2016
COA 38M, 417 P.3d 843 417 P.3d 843, aff'd
sub nom. People in Interest of L.M., 2018
CO 34, 416 P.3d 875.
Applied in People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982); People in
Interest of C.A.K., 652 P.2d 603 (Colo.
1982); People in Interest of P.N., 663 P.2d
253 (Colo. 1983); People in Interest of
M.H., 683 P.2d 807 (Colo. App. 1984);
People in Interest of L.L., 715 P.2d 334
(Colo. 1986).
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.
Source: L. 87: Entire title R&RE, p. 788, § 1, effective October 1. L. 97: Entire section
amended, p. 521, § 9, effective July 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-685-
Editor's note: 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.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Guardian ad litem may file the motion
to terminate the parent -child legal
relationship as guardian of the child's best
interests even though the state is the
exclusive party to bring a petition in
dependency and neglect. People in Interest
of M.N., 950 P.2d 674 (Colo. App. 1997).
Applied in People in Interest of K.C., 685
P.2d 1377 (Colo. App. 1984).
19-3-604. Criteria for termination.
(1) The court may order a termination of the parent -child legal relationship upon the finding
by clear and convincing evidence of any one of the following:
(a) That the child has been adjudicated dependent or neglected and has been abandoned by
the child's parent or parents as follows:
(I) That the parent or parents have surrendered physical custody of the child for a period of
six months or more and have not manifested during such period the firm intention to resume
physical custody of the child or to make permanent legal arrangements for the care of the child
except in cases when voluntary placement is renewable under section 19-1-115 (8)(a);
(II) That the identity of the parent of the child is unknown and has been unknown for three
months or more and that reasonable efforts to identify and locate the parent in accordance with
section 19-3-603 have failed;
(b) That the child is adjudicated dependent or neglected and the court finds that an
appropriate treatment plan cannot be devised to address the unfitness of the parent or parents. In
making such a determination, the court shall find one of the following as the basis for unfitness:
(I) An emotional illness, a behavioral or mental health disorder, or an intellectual and
developmental disability of the parent of such duration or nature as to render the parent unlikely
within a reasonable time to care for the ongoing physical, mental, and emotional needs and
conditions of the child. The court shall make findings that the provision of reasonable
accommodations and modifications pursuant to the federal "Americans with Disabilities Act of
1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations,
will not remediate the impact of the parent's disability on the health or welfare of the child.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-686-
(II) A single incident resulting in serious bodily injury or disfigurement of the child;
(III) Repealed.
(IV) Serious bodily injury or death of a sibling due to proven parental abuse or neglect;
(V) An identifiable pattern of habitual abuse to which the child or another child has been
subjected and, as a result of which, a court has adjudicated another child as neglected or
dependent based upon allegations of sexual or physical abuse, or a court of competent
jurisdiction has determined that such abuse has caused the death of another child;
(VI) An identifiable pattern of sexual abuse of the child; or
(VII) The torture of or extreme cruelty to the child, a sibling of the child, or another child of
either parent;
(c) That the child or youth is adjudicated dependent or neglected and all of the following
exist:
(I) That an appropriate treatment plan approved by the court has not been reasonably
complied with by the parent or parents or has not been successful or that the court has previously
found, pursuant to section 19 -3-508 (1)(e), that an appropriate treatment plan could not be
devised. In a county designated pursuant to section 19 -1-123, if a child or youth is under six
years of age at the time a petition is filed in accordance with section 19 -3-501 (2), the court shall
not find that a parent is or parents are in reasonable compliance with or to have been successful
at a court-approved treatment plan when:
(A) The parent has not attended family time with the child or youth as set forth in the
treatment plan, unless good cause can be shown for failing to attend; or
(B) The parent exhibits the same problems addressed in the treatment plan without adequate
improvement, including but not limited to improvement in the relationship with the child, and is
unable or unwilling to provide nurturing and safe parenting sufficiently adequate to meet the
child's physical, emotional, and mental health needs and conditions despite earlier intervention
and treatment for the family. The court may receive testimony regarding the family's progress
under the treatment plan from the child's physician or therapist, foster parent, educational or
religious teachers, CASA volunteer, or caseworker.
(II) That the parent is unfit; and
(III) That the conduct or condition of the parent or parents is unlikely to change within a
reasonable time.
(2) In determining unfitness, conduct, or condition for purposes of paragraph (c) of
subsection (1) of this section, the court shall find that continuation of the legal relationship
between parent and child is likely to result in grave risk of death or serious bodily injury to the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-687-
child or that the conduct or condition of the parent or parents renders the parent or parents unable
or unwilling to give the child reasonable parental care to include, at a minimum, nurturing and
safe parenting sufficiently adequate to meet the child's physical, emotional, and mental health
needs and conditions. In making such determinations, the court shall consider, but not be limited
to, the following:
(a) Any one of the bases for a finding of parental unfitness set forth in paragraph (b) of
subsection (1) of this section;
(b) Conduct towards the child of a physically or sexually abusive nature;
(c) History of violent behavior;
(d) A single incident of life-threatening or serious bodily injury or disfigurement of the child;
(e) Excessive use of intoxicating liquors or controlled substances, as defined in section 18 -
18-102 (5), C.R.S., which affects the ability to care and provide for the child;
(f) Neglect of the child;
(g) Injury or death of a sibling due to proven parental abuse or neglect, murder, voluntary
manslaughter, or circumstances in which a parent aided, abetted, or attempted the commission of
or conspired or solicited to commit murder of a child's sibling;
(h) Reasonable efforts by child -caring agencies which have been unable to rehabilitate the
parent or parents;
(i) That any parent who is a named respondent in the termination proceeding has had prior
involvement with the department of human services concerning an incident of abuse or neglect
involving the child and a subsequent incident of abuse or neglect occurs;
(j) Whether a parent committed felony assault that resulted in serious bodily injury to the
child or to another child of the parent;
(k) That the child has been in foster care under the responsibility of the county department
for fifteen of the most recent twenty-two months, unless:
(I) The child is placed with a relative of the child;
(II) The county department or a state agency has documented in the case plan, which shall be
available for court review, that filing such a motion would not be in the best interests of the
child;
(III) Where required to make reasonable efforts, services identified as necessary for the safe
return of the child to the child's home have not been provided to the family consistent with the
time period in the case plan; or
Colorado Revised Statutes 2026
Title 19 - Children's Code
-688-
(IV) The child has been in foster care under the responsibility of the county department for
such period of time due to circumstances beyond the control of the parent such as incarceration
of the parent for a reasonable period of time, court delays or continuances that are not
attributable to the parent, or such other reasonable circumstances that the court finds are beyond
the control of the parent;
(l) Whether, on two or more occasions, a child in the physical custody of the parent has been
adjudicated dependent or neglected in a proceeding under this article or comparable proceedings
under the laws of another state or the federal government;
(m) Whether, on one or more prior occasions, a parent has had his or her parent -child legal
relationship terminated pursuant to this article or section 19 -5-105 or comparable proceedings
under the laws of another state or the federal government.
(3) In considering the termination of the parent -child legal relationship, the court shall give
primary consideration to the physical, mental, and emotional conditions and needs of the child.
The court shall review and order, if necessary, an evaluation of the child's physical, mental, and
emotional conditions. For the purpose of determining termination of the parent -child legal
relationship, written reports and other materials relating to the child's mental, physical, and social
history may be received and considered by the court along with other evidence; but the court, if
so requested by the child, his parent or guardian, or any other interested party, shall require that
the person who wrote the report or prepared the material appear as a witness and be subject to
both direct and cross-examination. In the absence of such request, the court may order the person
who prepared the report or other material to appear if it finds that the interest of the child so
requires.
Source: L. 87: Entire title R&RE, p. 788, § 1, effective October 1. L. 90: (1)(a) amended, p.
1037, § 5, effective April 3. L. 91: (1)(a)(I) amended, p. 1159, § 5, effective July 1. L. 92: (3)
amended, p. 224, § 11, effective July 1. L. 94: (1) and IP(2) amended and (2)(i) added, p. 2055, §
8, effective July 1. L. 97: IP(1) and (1)(b) amended, p. 521, § 10, effective July 1; (1)(b)
amended, p. 1440, § 16, effective July 1. L. 98: (1)(b), IP(2), (2)(d), and (2)(g) amended and
(2)(j) and (2)(k) added, pp. 1419, 1420, §§ 6, 7, effective July 1. L. 2001: (2)(l) and (2)(m)
added, p. 499, § 1, effective May 4; (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, p.
847, § 10, effective June 1. L. 2003: (1)(c)(I)(B) amended, p. 754, § 6, effective March 25. L.
2008: (1)(a)(I) amended, p. 1894, § 67, effective August 5. L. 2012: (2)(e) amended, (HB 12 -
1311), ch. 281, p. 1625, § 61, effective July 1. L. 2017: (1)(b)(I) amended, (HB 17-1046), ch. 50,
p. 158, § 10, effective March 16; (1)(b)(I) amended, (SB 17 -242), ch. 263, p. 1318, § 167,
effective May 25. L. 2018: IP(1)(b) and (1)(b)(I) amended, (HB 18 -1104), ch. 164, p. 1135, § 8,
effective April 25. L. 2023: IP(1)(c), IP(1)(c)(I), and (1)(c)(I)(A) amended, (HB 23 -1027), ch.
284, p. 1683, § 16, effective June 1; (1)(b)(III)(B) added by revision, (SB 23 -039), ch. 191, pp.
957, 962 §§ 7, 13.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-689-
Editor's note: (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-
105 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments made to subsection (1)(b) by Senate Bill 97 -218 and Senate Bill 97 -71 were
harmonized.
(3) Subsection (1)(b)(III)(B) provided for the repeal of subsection (1)(b)(III), effective January
1, 2024. (See L. 2023, pp. 957, 962.)
Cross references: For the legislative declaration contained in the 2001 act amending
subsections (1)(b)(V) and (1)(b)(VI) and enacting subsection (1)(b)(VII), see section 1 of chapter
241, Session Laws of Colorado 2001. For the legislative declaration in SB 17 -242, see section 1
of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 23 -1027,
see section 1 of chapter 284, Session Laws of Colorado 2023. For the legislative declaration in
SB 23-039, see section 1 of chapter 191, Session Laws of Colorado 2023.
ANNOTATION
Law reviews. For casenote, "People in
the Interest of A.M.D.: Are Parental Rights
Terminated Too Easily in Colorado?", see 55
U. Colo. L. Rev. 423 (1984). For article,
"The Role of Parents' Counsel in
Dependency and Neglect Proceedings —
Part II", see 14 Colo. Law. 794 (1985). For
article, "Colorado's Implementation of the
Federal Adoption and Safe Families Act",
see 28 Colo. Law. 73 (Mar. 1999). For
article, "Interested Parties in Juvenile
Dependency and Neglect Cases", see 33
Colo. Law. 109 (Aug. 2004).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Section not violative of equal
protection. Where lack of an extended
family or financial resources were not
factors in termination and where termination
is based on a parent's failure or inability to
comply with a treatment plan, parental
unfitness, and unlikelihood of change in the
future, a termination of parental rights is not
violative of equal protection under the law.
People in Interest of M.M., 726 P.2d 1108
(Colo. 1986).
Subsection (1)(b)(III) does not violate
due process. The court recognizes that a
parent has a fundamental right in the care,
custody, and management of a child. The
state has a compelling interest to assure that
a Colorado child is neither neglected nor
dependent, and that a stable home
atmosphere exists for the child. Therefore, if
a parent cannot provide such an environment
within a reasonable time, the state has a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-690-
compelling interest in terminating the rights
of the parent. People in Interest of E.I.C.,
958 P.2d 511 (Colo. App. 1998).
Statute does not violate equal
protection clause rights of mentally ill
parents because parental rights of such
parents are not terminable on the basis of
mental illness alone. People in Interest of
C.B., 740 P.2d 11 (Colo. 1987); People in
Interest of C.Z., 2015 COA 87, 360 P.3d
228.
Section not violative of due process.
This section is sufficiently definite to
provide notice of the conduct or conditions
upon which termination of the relationship
can be predicated, adequately minimizes the
potential for arbitrary and discriminatory
application, and gives the courts sufficient
guidelines to enable them to apply the law
consistently and in accord with legislative
intent, and therefore does not violate due
process of law. People in Interest of M.S.H.,
656 P.2d 1294 (Colo. 1983).
A guardian ad litem lacks standing to
appeal a juvenile court's denial of the
state's motion to terminate parental
rights when the state declines to appeal
the denial. The guardian ad litem or another
non-state party cannot step into the state's
shoes to prosecute the appeal. People in
Interest of N.K.S., 2025 COA 100, 585 P.3d
880.
Subsection (1) is permissive with court.
The court is granted discretion in making its
decision to terminate parental rights. People
in Interest of K.C., 685 P.2d 1377 (Colo.
App. 1984).
A motion to terminate is sufficient so
long as it is couched in the statutory
language set forth in subsection (1).
People ex rel. T.D., 140 P.3d 205 (Colo.
App. 2006).
Subsection (1)(a) does not require a
juvenile court to provide a parent with a
treatment plan or to allow a reasonable
time for compliance with the treatment plan
before termination of parental rights. People
in Interest of S.Z.S., 2022 COA 133, 524
P.3d 1209.
Because the juvenile court isn't
required to adopt a treatment plan under
subsection (1)(a), the court isn't required
to make a finding of reasonable efforts
when it terminates parental rights under that
subsection. People in Interest of S.Z.S.,
2022 COA 133, 524 P.3d 1209.
A written adjudicatory order, a minute
order reflecting the approval of a
treatment plan, and a copy of the
treatment plan are sufficient to establish
for purposes of subsection (1)(c) that the
children were adjudicated dependent or
neglected. That the adjudicatory order did
not become appealable until the judgment of
termination was entered does not undermine
or affect either its validity or its probative
value. People ex rel. J.M., 74 P.3d 475
(Colo. App. 2003).
The requirements of subsection (1)(c)
are not jurisdictional. The court's failure to
enter adjudicatory order was not an error
affecting the court's jurisdiction to enter
termination order. Mother admitted the child
was dependent and neglected, the court
accepted that admission, and mother
Colorado Revised Statutes 2026
Title 19 - Children's Code
-691-
voluntarily participated in the termination
proceedings without objecting to the
absence of an adjudicatory order, thereby
waiving any procedural error arising from
subsection (1)(c). People ex rel. N.D.V ., 224
P.3d 410 (Colo. App. 2009); People in
Interest of J.W., 2017 CO 105, 406 P.3d 853.
The term "reasonable parental care" is
not too indefinite to satisfy constitutional
standards. This term must be interpreted in
light of the specific factors in subsection (2)
which the court is directed to consider in
determining whether a parent is unwilling or
unable to give a child reasonable parental
care. People in Interest of M.S.H., 656 P.2d
1294 (Colo. 1983).
Termination of parental rights is a
decision of paramount gravity, and the
state must exercise extreme caution in
terminating such rights. People in Interest of
M.C.C., 641 P.2d 306 (Colo. App. 1982).
Termination is an unfortunate but
necessary remedy when all reasonable
means of establishing a satisfactory parent -
child relationship have been tried and found
wanting. It is not a desired outcome for
which the state should strive from the
inception of a dependency or neglect
proceeding. People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982).
Strict compliance with termination
standards required. Strict compliance by
the trial court with the appropriate standards
for termination of a parent-child relationship
is an absolute necessity. People in Interest of
M.C.C., 641 P.2d 306 (Colo. App. 1982).
This section sets forth the criteria for
termination of the parent -child legal
relationship and such criteria does not
require a child to be removed from her
parents' home prior to the termination of
such relationship. People in Interest of A.J.,
757 P.2d 1165 (Colo. App. 1988).
The court must hold a dispositional
hearing and consider an appropriate
treatment plan at the time or within 45 days
of declaring the child dependent or
neglected before terminating parental rights.
People ex rel. D.R.W, 91 P.3d 453 (Colo.
App. 2004).
Consideration of alternatives to
termination. A trial court must consider and
eliminate less drastic alternatives to
termination of the parent -child relationship.
People in Interest of M.M., 726 P.2d 1108
(Colo. 1986); People ex rel. J.M.B., 60 P.3d
790 (Colo. App. 2002); People ex rel. D.B -
J., 89 P.3d 530 (Colo. App. 2004).
If a trial court's findings conform to the
statutory criteria for termination and are
adequately supported by evidence in the
record, a reviewing court may presume that,
in the absence of any indication in the record
to the contrary, the trial court considered and
eliminated less drastic alternatives to
termination. People in Interest of M.M., 726
1108 (Colo. 1986); People ex rel. T.D., 140
P.3d 205 (Colo. App. 2006); People in
Interest of R.J.B., 2021 COA 4, 482 P.3d
519.
Subsection (1) does not require that the
court explicitly consider "less drastic
alternatives" before ordering
termination, and court's termination order
concluding that the child had been
adjudicated dependent and neglected, that
Colorado Revised Statutes 2026
Title 19 - Children's Code
-692-
the parent had not complied with and could
not comply with the approved treatment
plan, that the parent was an unfit parent, and
that her condition was unlikely to change
within a reasonable time was sufficient to
conform to termination requirements of this
section, and a reviewing court may presume
that, in the absence of any indication in the
record to the contrary, the trial court
considered and eliminated less drastic
alternatives. C.S. v. People, 83 P.3d 627
(Colo. 2004).
No error where court failed to consider
placement of children with paternal
grandparents. Although the department
must evaluate a reasonable number of
persons identified by the parents as possible
placement alternatives, it has no obligation
to independently identify and evaluate other
placement alternatives. People ex rel. Z.P.,
167 P.3d 211 (Colo. App. 2007).
The current availability of a specific
less drastic alternative (i.e., an allocation
of parental responsibilities to specific
individuals) is not a necessary prerequisite
for a court to conclude that a less drastic
alternative is available; instead, current
availability is among the multitude of factors
that a juvenile court may consider in
assessing whether the less drastic alternative
is in the child's best interests. People in
Interest of H.L.B., 2025 COA 86, __ P.3d
__.
To support termination of the parent -
child relationship pursuant to subsection
(1), the evidence must establish that: (1)
The child has been adjudicated dependent or
neglected; (2) an appropriate treatment plan,
approved by the court, has not been
complied with by the parent or has not been
successful; (3) the parent is unfit; and (4) the
parent's conduct or condition is unlikely to
change within a reasonable time. People ex
rel. A.N.W., 976 P.2d 365 (Colo. App.
1999); People ex rel. B.C., 122 P.3d 1067
(Colo. App. 2005); People ex rel. N.A.T.,
134 P.3d 535 (Colo. App. 2006); People ex
rel. T.D., 140 P.3d 205 (Colo. App. 2006).
In determining whether a parent's conduct
or condition is unlikely to change within a
reasonable time, a trial court may consider
whether any change has occurred during the
pendency of the dependency and neglect
proceeding, the parent's social history, and
the chronic or long -term nature of the
parent's conduct or condition. People ex rel.
B.C., 122 P.3d 1067 (Colo. App. 2005).
A reasonable time is not an indefinite
time, and it must be determined by
considering the physical, mental, and
emotional conditions and needs of the child.
People ex rel. B.C., 122 P.3d 1067 (Colo.
App. 2005).
Appellate court will presume that the
trial court considered less drastic
alternatives prior to ordering termination
of mother's parental rights, where criteria
for termination and findings made pursuant
to those criteria were supported by clear and
convincing evidence. People in Interest of
D.M.W., 752 P.2d 587 (Colo. App. 1987).
Standards for burden of proof meeting
due process requirements. Due process of
law is accorded to the parties to a
termination of parental rights proceeding
when the grounds for termination under this
section are established by clear and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-693-
convincing evidence and the underlying
dependency or neglect determination is
established by a preponderance of the
evidence. People in Interest of A.M.D., 648
P.2d 625 (Colo. 1982); People in Interest of
L.L., 715 P.2d 334 (Colo. 1986).
Sole purpose of a treatment plan is to
reunite a parent and child in the kind of
relationship which will be beneficial to both,
under conditions which are designed to
eliminate those factors which necessitated
society's intrusion into the family in the first
instance. Thus, the appropriateness of such a
plan can only be measured by examining the
likelihood of its success in accomplishing
this purpose. People in Interest of B.J.D.,
626 P.2d 727 (Colo. App. 1981); People in
Interest of C.B., 707 P.2d 1046 (Colo. App.
1985); People in Interest of J.R., 711 P.2d
701 (Colo. App. 1985).
The purpose of a treatment plan is to
preserve the parent -child relationship,
whenever possible, by assisting the parent in
overcoming those problems which led to the
dependency adjudication. People in Interest
of M.M., 726 P.2d 1108 (Colo. 1986);
People ex rel. T.D., 140 P.3d 205 (Colo.
App. 2006).
Appropriateness of treatment plan. The
appropriateness of a treatment plan must be
evaluated by examining the likelihood of
success in accomplishing its purpose. The
fact that the plan is not successful does not
mean that it was inappropriate. People in
Interest of M.M., 726 P.2d 1108 (Colo.
1986); People ex rel. J.M.B., 60 P.3d 790
(Colo. App. 2002); People ex rel. T.D., 140
P.3d 205 (Colo. App. 2006).
A court may hold a dispositional
hearing and find that no appropriate
treatment plan can be devised for a
parent after it has already approved an
initial treatment plan for the parent at a
prior hearing. The purposes of the
Colorado Children's Code — to preserve
and strengthen family ties and protect the
best interests of the child — require courts
to have the flexibility to modify or adopt
new dispositional orders. People in Interest
of Z.P.S., 2016 COA 20, 369 P.3d 814.
During a dispositional hearing, a trial
court may find a parent is unfit and no
appropriate treatment plan can be
devised under § 19 -3-508 (1)(e)(I) if the
state shows, by a preponderance of the
evidence, that the child has suffered a single
incident resulting in serious bodily injury or
disfigurement as set forth in subsection
(1)(b) of this section. People in Interest of
L.S., 2023 CO 3M, 524 P.3d 847.
A court may rely on evidence that was
previously considered, or could have been
presented, at a prior hearing when it
modifies its orders at a subsequent
hearing to hold that an appropriate
treatment plan cannot be devised. People
in Interest of Z.P.S., 2016 COA 20, 369 P.3d
814.
Although the treatment plan did not at
its inception specifically address father's
mental health needs, by acquiescing in the
plan father is precluded from arguing
that it was not appropriate. People ex rel.
M.S., 129 P.3d 1086 (Colo. App. 2005).
It is incumbent on the parent to bring
forth any known deficiencies in the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-694-
treatment plan prior to the termination
hearing. People ex rel. M.S., 129 P.3d 1086
(Colo. App. 2005).
Father's acquiescence to his treatment
plan at the dispositional hearing, and his
subsequent failure to object to the
services supporting the reasonable efforts
to rehabilitate him, may not be used to
bar appellate review of the evidence
supporting the juvenile court's finding that
the county department of human services
proved by clear and convincing evidence
that reasonable efforts were unsuccessful in
rehabilitating father. People ex rel. S.N -V .,
300 P.3d 911 (Colo. App. 2011).
Parent's failure to persist in his or her
request for a full neuropsychological
evaluation prior to the termination hearing
did not estop him or her from challenging on
appeal the adequacy of the juvenile court's
finding as to the reasonable efforts to
rehabilitate him or her. People ex rel. S.N -
V ., 300 P.3d 911 (Colo. App. 2011).
Respondent parent's position regarding
his or her treatment plan at the time of its
adoption, or at any point thereafter prior
to the termination hearing, is not
equivalent to, or a substitute for, a
juvenile court's finding at the termination
hearing by clear and convincing evidence
that the services provided to the
respondent parent were appropriate but
unsuccessful in rendering him or her a fit
parent. People ex rel. S.N -V ., 300 P.3d 911
(Colo. App. 2011).
Treatment plan represents an
affirmative attempt by the state to
preserve the parent -child relationship
whenever possible. People in Interest of
C.A.K., 652 P.2d 603 (Colo. 1982).
Questions concerning a child's health
and safety are purview of trial court,
which retains ultimate decision -making
authority in the case. The trial court itself
must make decisions regarding visitation
and may not delegate this function to third
parties. People ex rel. B.C., 122 P.3d 1067
(Colo. App. 2005).
In determining whether a parent is
unfit, a court must consider whether
department made reasonable efforts to
rehabilitate parent. When department
prohibited father from visiting children
while he had outstanding warrants that did
not pose a threat to children's health and
safety, it did not meet the reasonable efforts
standard. People in Interest of E.S., 2021
COA 79, 494 P.3d 1142.
Prior to 1984, termination without
formulation of treatment plan not
permitted. The requirement of an
"appropriate" treatment plan in subsection
(1)(b)(I) did not signify a legislative intent
to permit the termination of a parent -child
relationship without formulating any
treatment plan. People in Interest of M.C.C.,
641 P.2d 306 (Colo. App. 1982).
Criteria for judging success of
treatment plan. A treatment plan can only
be judged to be successful if it results in
rendering the parent fit or if it corrects the
conduct or condition which led to
intervention by the state into the parent-child
relationship. Accordingly, no explicit criteria
to determine success need be included in the
treatment plan itself. People in Interest of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-695-
C.A.K., 652 P.2d 603 (Colo. 1982); People
in Interest of M.P., 690 P.2d 1300 (Colo.
App. 1984).
The standards to be applied in evaluating
the results of a treatment plan are those
contained in the Colorado Children's Code.
If the plan improves conditions or corrects
unfit parental conduct, it will be judged
successful. Explicit criteria for success need
not be included in the treatment plan itself.
People ex rel. L.D., 671 P.2d 940 (Colo.
1983); People in Interest of C.B., 707 P.2d
1046 (Colo. App. 1985).
Treatment plan required even though
parent incarcerated. The fact that a
particular parent is incarcerated at the time
of an adjudication of dependency or neglect
may often render more difficult the crafting
of a meaningful and workable treatment
plan. However, such single circumstance
does not per se prohibit the creation and
implementation of a treatment program
appropriate for the goal the general
assembly has indicated it should achieve —
the building or rebuilding of a healthy
parent-child relationship. People in Interest
of M.C.C., 641 P.2d 306 (Colo. App. 1982);
People in Interest of E.I.C., 958 P.2d 511
(Colo. App. 1998).
A court could conclude that
formulation of treatment plan for parent
incarcerated for more than six years is
possible. The court could conclude that,
even though a parent may be confined for
six years or more, the age of the child, the
existence of capable members of an
extended family, or other factors may allow
the formulation of an appropriate treatment
plan and that considerations of the child's
welfare would not support a termination
order. People in Interest of E.I.C., 958 P.2d
511 (Colo. App. 1998).
Subsection (1)(b) must be read in pari
materia with § 19 -3-508 (1)(e) since they
are part of the same code and pertain to the
same subject. People in Interest of T.W., 797
P.2d 821 (Colo. App. 1990).
Treatment plan was an "appropriate
treatment plan" within meaning of
statute requiring court to find that an
appropriate treatment plan approved by
court has not been complied with by parent
or has not been successful to terminate
parent-child legal relationship. People in
Interest of L.L., 715 P.2d 334 (Colo. 1986).
In deciding whether to terminate
parental rights, the juvenile court should
consider whether reasonable
accommodations were made for a
parent's disability when determining
whether the treatment plan was
appropriate and reasonable efforts were
made to rehabilitate the parent. What
constitutes a reasonable accommodation is
based on an individual assessment. Further,
in considering whether reasonable
accommodations can be made for a parent's
disability, the paramount concern must
remain the child's health and safety. The
requirements of the federal Americans with
Disabilities Act do not protect a parent who,
even by virtue of his or her disability, poses
a safety risk to the child. People in Interest
of S.K., 2019 COA 36, 440 P.3d 1240.
The provisions of subsection (1)(b)(I)
were added to the criteria for termination
of the parent -child legal relation to cover
Colorado Revised Statutes 2026
Title 19 - Children's Code
-696-
those situations in which an appropriate
treatment plan could not be devised and,
thus, would not succeed in reuniting the
family. People in Interest of C.S.M., 805
P.2d 1129 (Colo. App. 1990).
Substantial compliance with treatment
plan not determinative. If compliance with
the treatment plan was not successful in
correcting the conduct or condition which
initially led to state intervention, termination
of the parent -child legal relationship is
proper. People in Interest of D.M.W., 752
P.2d 587 (Colo. App. 1987).
Fact that a treatment plan is not
ultimately successful does not mean that it
was therefore inappropriate since, in many
cases, it is virtually impossible to devise a
plan which will guarantee success. People in
Interest of L.G., 737 P.2d 431 (Colo. App.
1987).
When mother had not responded to
out-patient treatment and evidence
showed that no in-patient program for the
mother's particular problem was
available, the trial court was correct in
concluding that an appropriate treatment
plan could not be devised. The argument
that in -patient treatment must be offered in
order to determine whether it will be
successful is rejected. People in Interest of
C.S.M., 805 P.2d 1129 (Colo. App. 1990).
Trial court's finding that mother's
conduct or condition was unlikely to
change within a reasonable time to meet
the child's needs was supported by the
record. People in Interest of V .W., 958 P.2d
1132 (Colo. App. 1998).
Information from previous hearings
may be considered. There is no prohibition
by statute or common law that would
prohibit a trial court from considering
information gleaned from previous hearings
on unsuccessful petitions to terminate
parent-child relationships when making
determinations of fact in resolving a pending
petition to terminate the relationship.
However, additional facts are required to
justify a trial court's change in its
conclusions from a previous hearing at
which it refused to terminate such
relationship. People in Interest of J.R., 711
P.2d 701 (Colo. App. 1985).
Termination of the parental
relationship for children of native
American status is governed by the federal
Indian Child Welfare Act of 1978 (ICWA)
and the standard under that act is proof
beyond a reasonable doubt. People in
Interest of C.A.J., 709 P.2d 604 (Colo. App.
1985).
When the federal ICWA applies,
termination of parental rights may not be
ordered unless it is shown beyond a
reasonable doubt that continued custody of
the child by the parent is likely to result in
serious emotional or physical damage to the
child. People ex rel. A.N.W., 976 P.2d 365
(Colo. App. 1999).
"Active efforts" under the federal
ICWA means more than reasonable
efforts but does not mean persisting with
futile efforts. The department of human
services is not required to provide active
efforts to a parent who voluntarily absents
himself or herself from a proceeding and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-697-
cannot be located. People ex rel. A.V ., 2012
COA 210, 297 P.3d 1019.
"Active efforts" is a heightened
standard requiring a greater degree of
engagement by agencies with Native
American families than the traditional
"reasonable efforts" standard. Agencies
must provide a parent with remedial services
and resources to complete all of the parent's
treatment plan objectives. People v. V .K.L.,
2022 CO 35, 512 P.3d 132.
While an agency's active efforts must be
affirmative, active, thorough, and timely,
such efforts also must be tailored to the facts
and circumstances of the case, and the
agency retains discretion to prioritize certain
services and resources to address a parent's
and family's most urgent needs to assist
parents with completing the court -ordered
treatment plan. People v. V .K.L., 2022 CO
35, 512 P.3d 132.
The federal ICWA does not require
expert testimony to support a trial court's
finding that "active efforts" were made to
prevent breakup of an Indian family. People
ex rel. A.V ., 2012 COA 210, 297 P.3d 1019.
The Americans with Disabilities Act
(ADA) is not a defense at parental rights
termination proceedings. The focus of the
hearing is on the welfare of the child.
Regardless of the parent's special needs or
restricted capabilities, the child is entitled to
a minimum level of parental care. People ex
rel. T.B., 12 P.3d 1221 (Colo. App. 2000).
The ADA does not categorically pre -
empt section. If the court determines that an
appropriate treatment plan cannot be devised
to address the unfitness of parents with
multiple mental health diagnoses so that the
child's minimum level of care is provided,
then it is justified in terminating the parent -
child relationship. The ADA cannot be
raised as a defense to such a termination of
parental rights. People in Interest of C.Z.,
2015 COA 87, 360 P.3d 228.
Clear and convincing evidence is the
appropriate constitutional standard of
proof in proceedings involving termination
of a parent -child relationship. People in
Interest of A.M.D., 648 P.2d 625 (Colo.
1982); People in Interest of S.T., 678 P.2d
1054 (Colo. App. 1983); People in Interest
of M.P., 690 P.2d 1300 (Colo. App. 1984);
People ex rel. T.D., 140 P.3d 205 (Colo.
App. 2006).
The clear and convincing standard strikes
an appropriate balance between the risk of
an erroneous termination of the parental
relationship, on the one hand, and the parens
patriae interest of the state in promoting the
child's welfare, on the other. People in
Interest of A.M.D., 648 P.2d 625 (Colo.
1982).
"Clear and convincing" standard
applied prospectively. The "clear and
convincing evidence" standard in
proceedings involving the termination of a
parent-child relationship will be given only
prospective effect, and will apply only to
termination hearings which commenced
after March 24, 1982. People in Interest of
C.A.K., 652 P.2d 603 (Colo. 1982); People
in Interest of C.L.I., 710 P.2d 1183 (Colo.
App. 1985).
Statute need not enunciate all factors
which may lead to termination.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-698-
Fundamental fairness does not require a
statute to enunciate in all -encompassing
examples, or exactly described acts,
precisely how poorly a parent can treat a
child before risking loss of parental rights.
People v. Jennings, 641 P.2d 276 (Colo.
1982).
Subsection (1), when read as a whole
and applying ordinary meaning to the
language, permits termination so long as
at least one of the statutory grounds has
been established by clear and convincing
evidence but does not limit the court to only
one statutory ground for the termination
order. People ex rel. D.C. -M.S., 111 P.3d
559 (Colo. App. 2005).
When a parent is acquitted of criminal
charges related to sexual abuse of his or
her child and the court cannot find by clear
and convincing evidence that the abuse
occurred, the parent's failure to admit to the
sexual abuse as part of the treatment
protocol is insufficient to support
termination of parental rights. People in
Interest of L.M., 2018 COA 57M, 433 P.3d
114.
Mother not denied due process because
she did not know on which criteria the
court would terminate the parent -child
relationship because motion alleged both
statutory grounds as a basis for termination,
giving her notice that court could move
forward on either or both grounds. People ex
rel. D.C. -M.S., 111 P.3d 559 (Colo. App.
2005).
The court may still consider mother's
incarceration under subsection (2) even
though she was eligible for parole in fewer
than 36 months following the child's
adjudication. That subsection requires the
court to consider incarceration if a parent
must wait longer than 36 months before
becoming eligible for parole, but it does not
preclude the court from considering the
effect of a lesser period of incarceration.
People in Interest of M.H., 10 P.3d 713
(Colo. App. 2000).
A court may consider parental
incarceration as a factor in determining
parental fitness and, thereby, as a factor
affecting the needs of a child who has been
adjudicated dependent or neglected. If a
parent cannot be expected to provide a
stable home atmosphere for the child within
a reasonable period, the state's compelling
interest in the welfare of the subject child
justifies the termination of that parent's
rights. K.D. v. People, 139 P.3d 695 (Colo.
2006).
It was within the court's statutory
discretion to consider the time the child
spent in foster care while the mother was
incarcerated. People in Interest of M.H., 10
P.3d 713 (Colo. App. 2000).
The policies underlying both the
expedited procedures and sibling group
preference do not permit the application
of the shorter incarceration period so as to
terminate parental rights concerning an older
child whose parent is subject to the longer
incarceration period. The termination of
parental rights concerning the older child
must still be subject to the longer allowable
incarceration period. People ex rel. T.M.,
240 P.3d 542 (Colo. App. 2010).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-699-
Where a parent chooses to remain in a
relationship with a person who poses a
threat to the welfare of the child, the
conduct of that parent may prevent him or
her from providing protection adequate to
meet the child's needs. Accordingly, that
parent may be found unfit under subsection
(2). That the person who poses a threat
happens to be the other parent does not alter
this analysis. People ex rel. C.T.S., 140 P.3d
332 (Colo. App. 2006).
Parental admission of dependency and
neglect. Where a parent, with the advice of
counsel and with notice of the allegations of
dependency and neglect, admits the petition,
this meets the requirements of subsection
(1)(b). People ex rel. J.F., 672 P.2d 544
(Colo. App. 1983).
The credibility of witnesses, the
sufficiency, probative effect, and weight of
the evidence, and the inferences drawn
therefrom are within the province of the
trial court; therefore, the trial court's
findings and conclusions will not be
disturbed unless they have no support in the
record. People in Interest of A.J., 757 P.2d
1165 (Colo. App. 1988).
Subsection (3) applicable to
determination of unfitness, not to
termination. Subsection (3) does not apply
directly to court's decision as to termination,
but to the court's determination whether the
parents are unfit. People in Interest of K.C.,
685 P.2d 1377 (Colo. App. 1984).
An unfit parent is one whose conduct or
condition renders him or her unable to give
the child reasonable parental care.
Reasonable parental care requires, at a
minimum, that the parent provide nurturing
and protection adequate to meet the child's
physical, emotional, and mental health
needs. People ex rel. A.N.W., 976 P.2d 365
(Colo. App. 1999).
The need for permanency alone is not
sufficient to terminate parents'
constitutional interest in the care and
custody of their children. "Semi-fitness"
not only does not have a generally accepted
meaning, but is also not a basis upon which
to terminate parental rights under this
section. People in Interest of S.R.N.J -S.,
2020 COA 12, 486 P.3d 1201.
Primary consideration given to needs of
children. Trial court acted within proper
discretion in giving primary consideration to
physical, mental, and emotional conditions
and needs of children, without attempting to
treat mother for insight disorder identified
by psychologist called at trial. People in
Interest of C.B., 707 P.2d 1046 (Colo. App.
1985).
Although the term "emotional illness"
in this section can be subject to different
interpretations, this section is not
unconstitutional because of vagueness.
People in Interest of S.J.C., 776 P.2d 1103
(Colo. 1989).
The term "emotional illness" does not
require a showing that parent has been
diagnosed with schizophrenia, psychosis,
or manic depression. The general
assembly's use of both "emotional illness"
and "mental illness" suggests that these
terms are to be given different meanings.
For a court to find that a parent has an
emotional illness, it is sufficient that there be
Colorado Revised Statutes 2026
Title 19 - Children's Code
-700-
evidence that the parent has longstanding
emotional conditions that render the parent
unable to provide for the needs of a child.
People ex rel. K.D., 155 P.3d 634 (Colo.
App. 2007).
Conviction for purposes of subsection
(1)(b)(III) means a judgment of
conviction in a trial court and not a final
determination of conviction after appeal. To
hold otherwise would violate the important
policies of the Colorado Children's Code
which seeks to protect the best interests of
the child. People in Interest of T.T., 845 P.2d
539 (Colo. App. 1992).
Evidence sufficient to sustain
termination of parent -child relationship.
People in Interest of V .A.E.Y .H.D., 199
Colo. 148, 605 P.2d 916 (1980); People in
Interest of S.T., 678 P.2d 1054 (Colo. App.
1983); People in Interest of M.P., 690 P.2d
1300 (Colo. App. 1984); People in Interest
of C.B., 707 P.2d 1046 (Colo. App. 1985);
People in Interest of A.H., 736 P.2d 427
(Colo. App. 1987); People in Interest of
C.B., 740 P.2d 11 (Colo. 1987); People in
Interest of A.J., 757 P.2d 1165 (Colo. App.
1988); People in Interest of T.T., 845 P.2d
539 (Colo. App. 1992); People ex rel. A.D.,
56 P.3d 1246 (Colo. App. 2002).
Evidence not sufficient to sustain
termination of parent -child relationship.
People in Interest of C.L.I., 710 P.2d 1183
(Colo. App. 1985).
Evidence sufficient to find parents
unfit. Trial court properly found parents to
be unfit based on evidence of emotional
illness, mental illness, mental deficiency,
neglect of children, and evidence that
reasonable efforts by county department of
social services and mental health center had
failed to rehabilitate parents. People ex rel.
L.D., 671 P.2d 940 (Colo. 1983).
Parent's refusal to document sobriety
through random urinalysis testing and to
participate in substance abuse treatment
shows that parent was not committed to
meeting the child's needs and was unfit to
parent. People ex rel. K.T., 129 P.3d 1080
(Colo. App. 2005); People ex rel. D.P., 181
P.3d 403 (Colo. App. 2008).
Parent's refusal to acknowledge impact of
prenatal substance abuse on child prevented
parent from providing reasonable parental
care. People ex rel. K.T., 129 P.3d 1080
(Colo. App. 2005).
Record supports the trial court's
finding that the department of social
services made reasonable efforts to
rehabilitate mother. Even though services
specifically designed for individuals with
disabilities were not provided to mother for
almost one year, intensive in -home family
preservation services adapted to meet her
special needs were provided immediately.
People ex rel. J.M., 74 P.3d 475 (Colo. App.
2003).
Father not given reasonable amount of
time to comply with treatment plan where
treatment plan was entered on March 6, the
department filed motion to terminate father's
parental rights on March 29, and termination
hearing was scheduled for June 11. Once the
court determines that a treatment plan can be
devised for a parent and approves a
treatment plan, the parent must be given a
reasonable amount of time to comply with
Colorado Revised Statutes 2026
Title 19 - Children's Code
-701-
its provisions. People ex rel. D.Y ., 176 P.3d
874 (Colo. App. 2007).
Where there is no indication that father
was asked to address any potential causes
of children's trauma other than the
criminal charges of which he was acquitted,
the juvenile court erred in concluding that
father's failure to address other possible
issues, and the children's corresponding
trauma, demonstrated that he was an unfit
parent. Thus, granting custody of the
children to mother was not a viable less
drastic alternative to termination. People in
Interest of L.M., 2018 COA 57, 433 P.3d
114.
Juvenile court's order to retain legal
custody of children in department,
appoint foster parents as permanent legal
guardians, direct that children have no
further contact with mother, and retain
continuing jurisdiction is not the
functional equivalent of a termination of
mother's parental rights. Judge's order is
supported by the record, but leaves open the
possibility that mother could seek a
modification of order to regain custody or
obtain parenting time or other relief. People
in Interest of R.W. and T.W., 989 P.2d 240
(Colo. App. 1999), aff'd sub nom. L.L. v.
People, 10 P.3d 1271 (Colo. 2000).
While placement of a child in the
guardianship of family members with
limited or no parental contact may be a
viable alternative to termination in some
cases, in other instances there may be
estrangement between the parents and the
guardians such that nothing short of
termination will be in the child's best
interests. People ex rel. J.M.B., 60 P.3d 790
(Colo. App. 2002).
Findings that support an order
terminating the parent -child relationship
are adequate as long as they conform to the
statutory criteria set forth in this section.
People in Interest of A.J., 757 P.2d 1165
(Colo. App. 1988); People ex rel. J.M.B., 60
P.3d 790 (Colo. App. 2002).
Order for termination not supported
where court did not make findings that
conform to the statutory criteria. While
the order recited evidence adduced at trial
and provided citations to relevant statutory
and case law, the order drew no conclusions
linking the recited facts to the relevant law.
People ex rel. A.G., 264 P.3d 615 (Colo.
App. 2010), rev'd on other grounds, 262 P.3d
646 (Colo. 2011); People in Interest of B.C.,
2018 COA 45, 418 P.3d 538.
A treatment plan need not be devised if
a parent has subjected a sibling of the
child who is the subject of the dependency
and neglect proceeding to a gravely
disabling injury. People in Interest of T.W.,
797 P.2d 821 (Colo. App. 1990).
Failure to reduce termination order to
writing and to sign and to date the order
at the time of the termination hearing
does not render the termination improper.
People ex rel. A.W., 74 P.3d 497 (Colo. App.
2003).
Finding of a conflict of interest between
department and parents does not
necessarily require a reversal of decision.
People ex rel. T.D., 140 P.3d 205 (Colo.
App. 2006).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-702-
Appellate court must apply clearly
erroneous standard of review to trial
court's findings of fact. In reversing trial
court's order terminating the parent -child
legal relationship, the appellate court
improperly substituted its judgment for that
of the trial court concerning witness
credibility, and the sufficiency, weight, and
probative value of the evidence. People ex
rel. A.J.L., 243 P.3d 244 (Colo. 2010).
Trial court not required to give more
weight to more recent evidence. The
weighing of evidence is within the trial
court's discretion after considering witness
credibility and the sufficiency and probative
value of the evidence. Trial court could have
reasonably found that the recent, more
positive evaluation of mother deserved less
weight because the court could neither
review the report nor adequately evaluate its
veracity. People ex rel. A.J.L., 243 P.3d 244
(Colo. 2010).
Proceedings commenced before July 1,
1977. For judicial criteria for termination
applicable to dependency proceedings
commenced before July 1, 1977, see People
in Interest of E.A., 638 P.2d 278 (Colo.
1981).
Applied in People in Interest of H.A.C. v.
D.C.C., 198 Colo. 260, 599 P.2d 881 (1979);
People in Interest of O.E.P., 654 P.2d 312
(Colo. 1982); People in Interest of P.N., 663
P.2d 253 (Colo. 1983); People in Interest of
M.H., 683 P.2d 807 (Colo. App. 1984);
People ex rel. T.D., 140 P.3d 205 (Colo.
App. 2006); People ex rel. S.M.A.M.A., 172
P.3d 958 (Colo. App. 2007); People ex rel.
T.M., 240 P.3d 542 (Colo. App. 2010);
People in Interest of C.W.B., 2017 COA 68,
461 P.3d 521; People in Interest of I.J.O.,
2019 COA 151, 465 P.3d 66.
19-3-605. Request for placement with family members.
(1) Following an order of termination of the parent -child legal relationship, the court shall
consider, but shall not be bound by, a request that guardianship and legal custody of the child be
placed with a relative of the child. When ordering guardianship of the person and legal custody
of the child, the court may give preference to a grandparent, aunt, uncle, brother, sister, half -
sibling, or first cousin of the child when such relative has made a timely request therefor
pursuant to the requirement of this subsection (1) and the court determines that such placement is
in the best interests of the child. Such request must be submitted to the court no later than twenty
days after the motion for termination is filed pursuant to section 19 -3-602. Nothing in this
section shall be construed to require the child placement agency with physical custody of the
child to notify said relatives described in this section of the pending termination of parental
rights.
(2) Notwithstanding the provisions of subsection (1) of this section to the contrary, when the
child is part of a sibling group and the sibling group is being placed out of the home, if the
county department locates an appropriate, capable, willing, and available joint placement for all
Colorado Revised Statutes 2026
Title 19 - Children's Code
-703-
of the children in the sibling group, the court shall presume that placement of the entire sibling
group in the joint placement is in the best interests of the children. Such presumption may be
rebutted 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.
(3) In making placement determinations concerning a child or youth following the order of
termination of the parent -child legal relationship pursuant to the provisions of this section, the
court shall consider all pertinent information related to modifying the placement of the child or
youth prior to removing the child or youth from the child's or youth's placement, including:
(a) An individualized assessment of the child's needs created pursuant to Title IV -E of the
federal "Social Security Act", as amended, and regulations promulgated thereunder, as amended;
(b) Whether the child's or youth's placement at the time of the hearing is a safe and
potentially permanent placement for the child or youth, including documentation that a county
department or a licensed child placement agency has adequately screened the family member
who is seeking to care for the child or youth and any adult residing in the home and that all of the
criminal history record checks and other background checks have been completed as required
pursuant to section 26-6-910 or 19-3-406;
(c) The child's actual age and developmental stage and, in consideration of this information,
the child's attachment needs;
(d) Whether the child has significant psychological ties to a person who could provide a
permanent placement for the child, including a relative, and, if so, whether this person
maintained contact with the child during the child's placement out of the home;
(e) Whether a person who could provide a permanent placement for the child is willing to
maintain appropriate contact after an adoption of the child with the child's relatives, particularly
sibling relatives, when such contact is safe, reasonable, and appropriate;
(f) Whether a person who could provide a permanent placement for the child is aware of the
child's culture and willing to provide the child with positive ties to his or her culture;
(g) The child's medical, physical, emotional, or other specific needs, and whether a person
who could provide a permanent placement for the child is able to meet the child's needs; and
(h) The child's attachment to the child's caregiver at the time of the hearing and the possible
effects on the child's emotional well-being if the child is removed from the caregiver's home.
Source: L. 87: Entire title R&RE, p. 789, § 1, effective October 1. L. 2003: Entire section
amended, p. 2626, § 7, effective June 5. L. 2005: (1) amended, p. 93, § 1, effective March 31;
entire section amended, p. 678, § 3, effective July 1. L. 2015: (3)(b) amended, (SB 15 -087), ch.
263, p. 1019, § 12, effective June 2; (3) amended, (HB 15 -1337), ch. 328, p. 1342, § 2, effective
Colorado Revised Statutes 2026
Title 19 - Children's Code
-704-
June 5. L. 2022: (3)(b) amended, (HB 22-1295), ch. 123, p. 836, § 41, effective July 1. L. 2023:
IP(3) and (3)(b) amended, (HB 23-1043), ch. 20, p. 79, § 4, effective August 7.
Editor's note: (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-
105.5 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section by House Bill 05 -1174 and House Bill 05 -1173 were
harmonized.
(3) Amendments to subsection (3)(b) by HB 15-1337 and SB 15-087 were harmonized.
Cross references: (1) For the legislative declaration contained in the 2005 act amending this
section, see section 1 of chapter 194, Session Laws of Colorado 2005.
(2) For Title IV-E of the federal "Social Security Act", see 42 U.S.C. § 670 et seq.
ANNOTATION
Law reviews. For article, "Review of
New Legislation Relating to Criminal Law",
see 11 Colo. Law. 2148 (1982). For article,
"Interested Parties in Juvenile Dependency
and Neglect Cases", see 33 Colo. Law. 109
(Aug. 2004).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Jurisdiction of court to determine
placement. It is within the exclusive
jurisdiction of the court to determine the
placement of a child adjudicated neglected,
dependent, or delinquent. State Dept. of Soc.
Servs. v. Arapahoe County Dept. of Soc.
Servs., 642 P.2d 16 (Colo. App. 1981).
The provisions of this section are
distinct from the proceedings for
voluntary relinquishment under § 19 -5-
104. Under this section, a grandparent is an
interested party. Under § 19 -5-104, if the
birth parents state that the grandparent
should not have custody and the grandparent
has never had physical or legal custody of
the child, the grandparent does not have
standing in the relinquishment proceedings.
Petition of B.D.G., 881 P.2d 375 (Colo. App.
1993).
Aunt did not have constitutionally
protected interest and failure to notify her
of termination proceedings did not violate
substantive or procedural due process.
People in Interest of C.E., 923 P.2d 383
(Colo. App. 1996).
Grandmother did not have
constitutionally protected interest where
she (1) enjoyed limited visitation rights
derived from statute; and (2) had a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-705-
biological but no existing custodial
relationship with the child. People in Interest
of C.N., 2018 COA 165, 431 P.3d 1219.
While department and trial court must
consider remedies less drastic than
termination, this means that the department
must evaluate a reasonable number of
persons suggested to it as possible
placements by the family and other
interested persons, but nothing requires the
department to make special inquiry and
independently identify and evaluate other
possible placements within or outside the
family. Father's testimony at termination
hearing that other relatives might be
interested in caring for the child, with no
indication that father identified any of these
relatives to the department or the court, was
insufficient to require the department to
explore these family members as options.
People ex rel. D.B -J., 89 P.3d 530 (Colo.
App. 2004).
Placing child in foster care rather than
with grandparents out of state is
permissible when purpose of the
placement is to strengthen family ties and
secure potential relative placement within
the state. People ex rel. E.C., 47 P.3d 707
(Colo. App. 2002).
While placement with a grandparent
who is available and appropriate is given
statutory preference if such placement is
in the child's best interests, placement with
a grandparent is not a viable alternative to
termination if the grandparent lacks
appreciation of the parent's problems or of
the child's needs. People ex rel. D.B -J., 89
P.3d 530 (Colo. App. 2004).
Trial court did not err in rejecting
placement with the paternal grandmother
as a less drastic alternative to termination
when findings indicate that grandmother did
not interact well with the child; that the child
had an ambivalent attachment to the
grandmother; that the grandmother was not
interested in participating in treatment to
address her relationship with the child; and
that the grandmother was unlikely to comply
with no contact orders. People ex rel. D.B-J.,
89 P.3d 530 (Colo. App. 2004).
The policies underlying both the
expedited procedures and sibling group
preference do not permit the application
of the shorter incarceration period so as to
terminate parental rights concerning an older
child whose parent is subject to the longer
incarceration period. The termination of
parental rights concerning the older child
must still be subject to the longer allowable
incarceration period. People ex rel. T.M.,
240 P.3d 542 (Colo. App. 2010).
An order denying a relative's request
for guardianship and custody of a child is
not final and appealable because it does
not resolve all issues before the court and
end the dependency and neglect proceeding.
People in Interest of E.B., 2022 COA 120,
523 P.3d 988.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-706-
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.
Source: 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. L. 2022: (1)
amended, (HB 22-1038), ch. 92, p. 437, § 12, effective January 9, 2023.
Editor's note: 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.
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022.
ANNOTATION
Law reviews. For article, "Report -
Writing Tips for Guardians ad Litem in
Dependency and Neglect Cases", see 31
Colo. Law. 87 (Oct. 2002).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Guardian ad litem may have access to
confidential adoption information.
Guardian ad litem appointed in prior
Colorado Revised Statutes 2026
Title 19 - Children's Code
-707-
dependency and neglect proceeding may
have access to the name and address of
adoptive home for preparation of report
required by section. People in Interest of
M.C.P., 768 P.2d 1253 (Colo. App. 1988).
Applied in People in Interest of P.N., 663
P.2d 253 (Colo. 1983).
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.
Source: 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.
Editor's note: 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.
ANNOTATION
Law reviews. For casenote, "People in
the Interest of A.M.D.: Are Parental Rights
Terminated Too Easily in Colorado?", see 55
U. Colo. L. Rev. 423 (1984).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
By taking advantage of opportunity to
have an expert appointed by the court
pursuant to this section, an individual
submits to the disclosure of the evaluation to
all parties and waives any psychologist -
patient privilege which may have attached.
People in Interest of T.S.B., 757 P.2d 1112
(Colo. App. 1988), aff'd, 785 P.2d 132
(Colo. 1990).
Attorney-client privilege did not attach
to expert evaluation conducted by expert
appointed under this section. D.A.S. v.
People, 863 P.2d 291 (Colo. 1993).
Provisions of subsection (2) may be
waived by a party in interest. People ex rel.
J.F., 672 P.2d 544 (Colo. App. 1983).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-708-
Applied in People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982); People in
Interest of T.R.S., 717 P.2d 1025 (Colo. App.
1986); People in Interest of L.G., 737 P.2d
431 (Colo. App. 1987).
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.
Source: L. 87: Entire title R&RE, p. 790, § 1, effective October 1.
Editor's note: 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.
ANNOTATION
Law reviews. For article, "Representing
the Mentally Retarded or Disabled Parent in
a Colorado Dependent or Neglected Child
Action", see 11 Colo. Law. 693 (1982).
Annotator's note. The following
annotations include a case decided under
former provisions similar to this section.
Termination includes the elimination of
any right of continued visitation between
parent and child, including such rights
provided in a court order. People in Interest
of M.M., 726 P.2d 1108 (Colo. 1986).
Section 15 -11-119 (3) prevails over the
conflicting provisions in subsection (1) of
this section because § 15 -11-119 (3) is both
more specific and more recent. Section 15 -
11-119 (3) is more specific because it
applies only to children who have been
adopted by certain relatives of their
biological parents; subsection (1) continues
to apply to nonrelative adoptions. In re
Colorado Revised Statutes 2026
Title 19 - Children's Code
-709-
Estate of Gallegos, 2021 COA 115, 499 P.3d 1058.
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.
Source: L. 87: Entire title R&RE, p. 790, § 1, effective October 1. L. 2022: (3) added, (HB
22-1113), ch. 56, p. 261, § 3, effective August 10.
Editor's note: 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.
Cross references: For the legislative declaration in HB 22 -1113, see section 1 of chapter 56,
Session Laws of Colorado 2022.
ANNOTATION
Law reviews. For casenote, "People in
the Interest of A.M.D.: Are Parental Rights
Terminated Too Easily in Colorado?", see 55
U. Colo. L. Rev. 423 (1984).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Determination of indigency lies within
the discretion of the trial court. Where a
party has failed to provide documentation of
indigency as ordered by the trial court, the
court may deny such party a free transcript
and such denial is not error. People in
Interest of M.N., 950 P.2d 674 (Colo. App.
1997).
A party who proceeded as an indigent in
the trial court may proceed as an indigent on
appeal without further authorization unless
the court finds, in writing, that the party is
Colorado Revised Statutes 2026
Title 19 - Children's Code
-710-
no longer entitled to so proceed. The trial
court may order the production of any
documents or evidence it deems necessary to
determine continuing indigency. People in
Interest of M.N., 950 P.2d 674 (Colo. App.
1997).
An appointed lawyer for an indigent
parent during dependency and neglect
proceedings cannot withdraw solely
because the lawyer determines the appeal
to be without merit. Rather the lawyer must
nonetheless file petitions on appeal in
accordance with appellate rules. A.L.L. v.
People, 226 P.3d 1054 (Colo. 2010).
Minute orders showing that magistrate
accepted father's admission, sustained the
petition in dependency and neglect, and
approved treatment plan for father
became appealable upon entry of
judgment of termination. People ex rel.
T.E.M., 124 P.3d 905 (Colo. App. 2005).
Applied in People in Interest of A.M.D.,
648 P.2d 625 (Colo. 1982).
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).
Source: 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.
Editor's note: 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.
19-3-611. Review of decisions regarding placement of children. (Repealed)
Source: L. 88: Entire section added, p. 755, § 2, effective May 31. L. 91: Entire section
repealed, p. 883, § 1, effective June 5.
19-3-612. Reinstatement of the parent-child legal relationship - circumstances - petition
- hearings - legislative declaration.
(1) The general assembly finds that, for various reasons, some children are not adopted after
the termination or voluntary relinquishment of the parent -child legal relationship and in some
Colorado Revised Statutes 2026
Title 19 - Children's Code
-711-
cases might benefit from a reinstatement of the parent -child legal relationship if the former
parent has remediated the issues that led to the termination or voluntary relinquishment. The
purpose of this section is to address the problem of children who linger in the child welfare
system by giving them a second chance at achieving permanency with their rehabilitated former
parent. The purpose of this section is to create a process by which the former parent's legal rights
may be restored if certain conditions are met, both the child and the former parent want
reinstatement of the relationship, a trial period is successful, and it is found to be in the best
interests of the child. Reinstatement is a recognition that the situation of the former parent and
child has changed since the time of the termination or voluntary relinquishment of the parent -
child legal relationship, and reunification is now appropriate and in the best interests of the child.
(2) A county department with custody of a child whose parent's rights were terminated
voluntarily or involuntarily, including a child whose parent relinquished the child pursuant to the
requirements of article 5 of this title 19, or the guardian ad litem of such a child, may file a
petition to reinstate the parent-child legal relationship alleging the following:
(a) (I) The child is twelve years of age or older; or
(II) The child is younger than twelve years of age and is part of a sibling group, as defined in
section 19-1-103, that includes a child described in subsection (2)(a)(I) of this section for whom
a petition to reinstate the parent -child legal relationship has been filed, and the younger sibling
independently meets the conditions set forth in subsections (2)(b) to (2)(f) of this section;
(b) Both the child and the former parent consent to the petition for reinstatement of the
parent-child legal relationship;
(c) The child does not have a legal parent, is not in an adoptive placement, and is not likely
to be adopted within a reasonable period of time, and other permanency options have been
exhausted;
(d) The child is in the legal custody of a county department;
(e) The date of the final order terminating the parent -child legal relationship was at least
three years before the filing of the petition or, if the court finds that it is in the best interests of
the child to consider a petition for reinstatement of the parent -child legal relationship, less than
three years from the date of the final order terminating the parent-child legal relationship; and
(f) The dependency and neglect action did not involve substantiated allegations of sexual
abuse or an incident of egregious abuse or neglect against a child, a near fatality, or a suspicious
fatality or near fatality as those terms are defined in section 26-1-139, C.R.S.
(3) A child who is twelve years of age or older, or the child's guardian ad litem, may also file
a petition to reinstate the parent -child legal relationship alleging that the conditions set forth in
subsections (2)(b) to (2)(f) of this section are met.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-712-
(4) If a former parent whose rights have been terminated contacts either the county
department that has custody of the child or the child's guardian ad litem about the possible
reinstatement of the parent -child legal relationship through a petition filed pursuant to this
section, the county department or the guardian ad litem who was contacted shall notify the other
party, as applicable, and the court within thirty days after the contact with the name and address
of the former parent.
(5) If a petition to reinstate the parent -child legal relationship is filed, a former parent who is
named in the petition and whose rights the petition seeks to have reinstated is entitled to
appointed counsel through the office of the respondent parents' counsel pursuant to article 92 of
title 13 if the former parent meets the income eligibility criteria for public counsel, or the former
parent may retain counsel at his or her own expense.
(6) The petition must state the name and age of the child; the county department that has
legal custody of the child; and the name and address of the former parent named in the petition.
The petition shall be verified, and the statements in the petition may be made upon information
and belief. The party filing a petition to reinstate the parent -child legal relationship shall serve
the petition on the following nonmovants:
(a) The child's guardian ad litem;
(b) The county department with legal custody of the child; and
(c) The former parent whose parent -child legal relationship the petition seeks to have
reinstated.
(7) Upon receipt of the petition for reinstatement of the parent -child legal relationship, the
court must set a date for an initial hearing to take place no more than sixty -three days after the
filing of the petition. The court shall provide notice of all hearings and reviews to:
(a) The county department with legal custody of the child;
(b) The guardian ad litem;
(c) The former parent whose parent -child legal relationship the petition seeks to have
reinstated;
(d) The foster parents, if any; and
(e) The child's tribe if the child is an Indian child.
(8) At the initial hearing and all subsequent hearings on the petition, the court shall consider
information from the county department with legal custody of the child, the child, the child's
guardian ad litem, the former parent, the person or agency that is providing care for the child,
and any other person or agency that may aid the court in its review.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-713-
(9) At the initial hearing, the court shall consider and make findings about the following
threshold conditions for pursuing a reinstatement of the parent-child legal relationship:
(a) Whether the allegations for filing the petition in paragraphs (a) to (f) of subsection (2) of
this section or in subsection (3) of this section have been established by clear and convincing
evidence;
(b) Whether the child is of a sufficient age and maturity and able to express his or her
preference about reinstatement of the parent-child legal relationship;
(c) Whether the former parent has remedied the conditions that led to the child's removal and
termination of the parent-child legal relationship, if applicable;
(d) What temporary transition services would be needed by the child and the former parent to
have a successful reinstatement of the parent-child legal relationship;
(e) Whether the former parent can provide a safe and stable home for the child; and
(f) Whether the former parent has participated in an assessment that supports that the
reinstatement of the parent -child legal relationship is in the best interests of the child. The state
board may adopt rules defining the types of assessments that may be done to support
reinstatement of the parent -child legal relationship. A previous finding of termination does not
disqualify the former parent from being certified as an appropriate placement for a trial period
under this section.
(10) At the conclusion of the initial hearing, the court shall either dismiss the petition
because the threshold conditions for reinstatement set forth in subsection (9) of this section have
not been met or enter an order finding that the threshold conditions for reinstatement set forth in
subsection (9) of this section have been met and that it is in the best interests of the child or
youth to work toward reinstatement of the parent-child legal relationship. If the court finds that it
is in the best int erests of the child or youth to pursue reinstatement of the parent -child legal
relationship, the court must approve a transition plan developed by the county department and
designed for reinstatement of the parent -child legal relationship, including family time or
placement of the child or youth with the former parent for a designated trial period of up to six
months, during which time legal custody of the child or youth remains with the county
department. As part of the transition plan, the county departme nt shall provide transition
services, as needed. The county department shall assess the family time or temporary placement
of the child or youth with the former parent and prepare a report about the success of the family
time or temporary placement. The county department shall submit the report to the court, the
former parent, and the guardian ad litem not later than thirty days prior to the expiration of the
designated trial period. The county department may stop the family time or remove the child or
youth from placement with the former parent at any time, in accordance with the procedures
outlined in sections 19-3-401 and 19-3-403, if it deems that the child or youth is not safe or that
Colorado Revised Statutes 2026
Title 19 - Children's Code
-714-
it is no longer in the best interests of the child or youth for the child or youth to remain with the
former parent.
(11) (a) The court shall schedule a final hearing prior to the expiration of the designated trial
period. At the final hearing, the court shall consider the following:
(I) Whether the threshold criteria for reinstatement of the parent -child legal relationship set
forth in subsection (9) of this section are still met;
(II) Whether the trial period of family time or placement of the child or youth with the
former parent was successful;
(III) Whether the child will lose or gain any benefits or services as a result of reinstatement
and how this might affect the child; and
(IV) Whether reinstatement of the parent-child legal relationship is in the best interests of the
child.
(b) The court shall make findings supporting the disposition of the petition for reinstatement.
The court may make the following orders:
(I) The court may grant the petition and order the reinstatement of the parent -child legal
relationship if the court finds by clear and convincing evidence that it is in the best interests of
the child to reinstate the parent-child legal relationship; or
(II) The court may dismiss the petition, in which case:
(A) The county department retains the legal custody of the child; and
(B) The county department shall arrange for the immediate placement of the child in out -of-
home placement; and
(C) The court shall set a hearing to determine the permanency plan in accordance with
section 19-3-702; or
(III) The court may continue the matter for no more than sixty days and may issue an order
requiring the former parent or the county department to take certain actions before the next
hearing; except that the court shall either dismiss or grant a motion for reinstatement of the
parent-child legal relationship within twelve months after the date the petition for reinstatement
was filed.
(12) An order reinstating the parent -child legal relationship restores all rights, powers,
privileges, immunities, duties, and obligations of the former parent as to the child, including
those relating to custody, control, and support of the child. If the parent-child legal relationship is
reinstated, the court may require periodic review within ninety days after reinstatement.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-715-
(13) The granting of a petition for reinstatement of the parent -child legal relationship does
not vacate or otherwise affect the validity of the original order terminating the parent -child legal
relationship.
(14) The granting of a petition for reinstatement of the parent -child legal relationship for one
former parent does not restore or otherwise impact the rights or legal status of the other former
parent.
(15) A parent whose parent -child legal relationship is restored pursuant to this section is not
liable for child support or the costs of any services provided to the child from the date of the
original order terminating the parent -child legal relationship to the date of the order reinstating
the parent-child legal relationship.
(16) This section does not create a cause of action against the county department or its
employees concerning the original order terminating the parent -child legal relationship. Nothing
in this section shall be construed to limit or alter the protections granted to public entities and to
their employees under the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.
Source: L. 2014: Entire section added, (SB 14-062), ch. 77, p. 310, § 1, effective August 6. L.
2019: (5) amended, (HB 19-1104), ch. 14, p. 56, § 2, effective August 2. L. 2020: (1), IP(2), and
(4) amended, (HB 20 -1104), ch. 50, p. 174, § 1, effective September 14. L. 2021: (2)(a)(II)
amended, (SB 21 -059), ch. 136, p. 733, § 80, effective October 1. L. 2022: (3) amended, (HB
22-1038), ch. 92, p. 437, § 13, effective January 9, 2023. L. 2023: (10) and (11)(a)(II) amended,
(HB 23-1027), ch. 284, p. 1683, § 17, effective June 1.
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022. For the legislative declaration in HB 23 -1027, see section 1 of
chapter 284, Session Laws of Colorado 2023.
PART 7
REVIEW OF PLACEMENT
Law reviews. For article, "Achieving Safe, Permanent Homes for Colorado Children", see 31
Colo. Law. 37 (Oct. 2002).
19-3-701. Petition for review of need for placement. (Repealed)
Colorado Revised Statutes 2026
Title 19 - Children's Code
-716-
Source: 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 July 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.
Cross references: For the legislative declaration contained in the 2007 act repealing this
section, see section 1 of chapter 351, Session Laws of Colorado 2007.
19-3-702. Permanency hearing.
(1) (a) In order to provide stable, permanent homes for every child or youth placed out of the
home, in as short a time as possible, a court shall conduct a permanency planning hearing. The
court shall hold the permanency planning hearing as soon as possible following the initial
hearing held pursuant to a proceeding pursuant to part 3 of article 7 of this title 19 or the initial
dispositional hearing pursuant to this article 3; except that the permanency planning hearing must
be held no later than ninety -one days after the initial decree of disposition. After the initial
permanency planning hearing, the court shall hold additional hearings at least every six months
while the case remains open or more often in the discretion of the court, or upon the motion of
any party. The initial permanency hearing must be held within twelve months after the child or
youth enters foster care, even when a dispositional decree has not yet been entered. When
possible, the permanency planning hearing must be combined with the in -person six -month
review as provided for in section 19 -1-115 (4)(c), subsection (6)(a) of this section, or section 19 -
7-312. The court shall hold all permanency planning hearings in person, provide proper notice to
all parties, and provide all parties the opportunity to be heard. The court shall consult with the
child or youth in a developmentally appropriate manner regarding the child's or youth's
permanency goal.
(b) If the court finds that reasonable efforts to reunify the child or youth and the parent are
not required pursuant to section 19-1-115 (7) or if there is a finding that no appropriate treatment
plan can be devised pursuant to section 19 -3-508 (1)(d)(I), the court shall hold a permanency
planning hearing within thirty days after the finding. If the court finds that reasonable efforts to
reunify the child or youth and the parent are not required and a motion for termination has been
filed pursuant to section 19 -3-602, the permanency planning hearing and the hearing on the
motion for termination may be combined, and the court shall make all determinations required at
both hearings in the combined hearing.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-717-
(2) (a) When the court schedules a permanency planning hearing pursuant to this section, the
court or designee of the court shall promptly issue a notice stating the purpose of the hearing.
The notice must set forth the constitutional and statutory rights of the child's or youth's parents or
guardian and the statutory rights of the child or youth. The notice of the hearing must comply
with the requirements stated in section 19 -3-502 (7) and must be sent to parents or guardians,
placement providers, and named children or youth.
(b) The county department of human or social services shall propose a permanency plan for
each child or youth, which plan must be completed and submitted to the court in the family
services plan no later than five days in advance of the permanency planning hearing.
(3) At any permanency planning hearing, the court shall first determine if the child or youth
should be returned to the child's or youth's parent, named guardian, or legal custodian and, if
applicable, the date on which the child or youth must be returned. If the child or youth cannot be
returned home, the court shall also determine whether reasonable efforts have been made to find
a safe and stable permanent home for the child or youth. The court shall not delay permanency
planning by considering the placement of children or youth together as a sibling group or for
purposes of maintaining financial support for a certified kinship foster care home, unless there
are exceptional circumstances approved by the court. At any permanency planning hearing, the
court shall make the following determinations, when applicable:
(a) Whether procedural safeguards to preserve parental rights have been applied in
connection with any change in the child's or youth's placement or any determination affecting
family time of the child or youth;
(b) Whether reasonable efforts have been made to finalize the permanency goal;
(c) Whether ongoing efforts have been made to identify kin and relatives that are available to
be a permanent placement for the child or youth;
(d) When the child or youth resides in a placement out of state, whether the out -of-state
placement continues to be appropriate and in the best interests of the child or youth;
(e) Whether a child or youth who is fourteen years of age or older is receiving transition
services to successful adulthood, regardless of his or her permanency goal; and
(f) Whether the current placement of the child or youth could be a permanent placement, if
necessary.
(4) (a) If the child or youth cannot be returned to the physical custody of the child's or
youth's parent or legal guardian on the date of the hearing, the court shall enter one or more of
the following permanency goals, of which subsections (4)(a)(I) to (4)(a)(V) of this section may
be adopted as concurrent goals pursuant to section 19-3-508 (7):
(I) Return home;
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(II) Adoption with a relative;
(III) Permanent placement with a relative through legal guardianship or allocation of parental
responsibilities;
(IV) Adoption with a nonrelative;
(V) Permanent placement with a nonrelative through legal guardianship or allocation of
parental responsibilities;
(VI) (A) Other planned permanent living arrangements either through emancipation or long -
term foster care.
(B) Other planned permanent living arrangements may only be used as a permanency goal
for children or youth in exceptional circumstances for children sixteen years of age or older who
have co -occurring complex conditions that preclude their return home, their adoption or legal
guardianship, or allocation of parental responsibilities; or for children and youth who are in the
unaccompanied refugee minor program, regardless of their age.
(C) Other planned permanent living arrangements may not be used as a concurrent goal.
(D) The court shall ask the child or youth about his or her desired permanency outcome
when considering other planned permanent living arrangements.
(b) (I) The department shall document in the family services plan the compelling reasons
why it is not in the best interest of the child or youth to return home, be placed for adoption, be
placed with a legal guardian, or be placed with a fit and willing relative. In addition, the
department shall document intensive, ongoing, and unsuccessful efforts made to return the child
or youth home or to a secure placement with a fit and willing relative, including adult siblings; a
legal guardian; or an adoptive parent, including efforts that utilize search technology that
includes social media to find biological family members for the children or youth.
(II) The department shall document in the family services plan and the court shall review
whether the child's or youth's placement is following the reasonable and prudent parent standard
and whether the child or youth has regular, ongoing opportunities to engage in age -appropriate
activities.
(c) Prior to closing a case before a youth's eighteenth birthday, the court or the youth's
guardian ad litem or counsel for youth shall notify the youth that the youth will lose the right to
receive medicaid until the maximum age provided by federal law if the case is closed prior to the
youth's eighteenth birthday. Prior to closing a case after a youth's sixteenth birthday, the court
shall advise the youth of the youth's eligibility for the foster youth in transition program, created
in section 19 -7-303, should the youth later determine the youth needs child welfare assistance
from a county department.
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(d) Every child who is eighteen years of age or older who is leaving foster or kinship care
must be provided with his or her birth certificate, social security card, health insurance
information, medical records, either a driver's license or state -issued identification card, and
proof of foster care.
(e) If the court finds that there is not a substantial probability that the child or youth will be
returned to a parent or legal guardian within six months and the child or youth appears to be
adoptable and meets the criteria for adoption in section 19 -5-203, the court may order a county
department of human or social services to show cause why it should not file a motion to
terminate the parent -child legal relationship pursuant to part 6 of this article 3. Cause may
include, but is not limited to, any of the following conditions:
(I) The parent or legal guardian has maintained regular parenting time and contact with the
child or youth, and the child or youth would benefit from continuing this relationship;
(II) A child who is twelve years of age or older objects to termination of the parent -child
legal relationship;
(III) The child's foster parents are unable to adopt the child because of exceptional
circumstances that do not include an unwillingness to accept legal responsibility for the child.
The foster parents must be willing and capable of providing the child with a stable and
permanent environment, and it must be shown that removal of the child from the physical
custody of his or her foster parents would be seriously detrimental to the emotional well -being of
the child.
(III.5) The court, in a proceeding involving an Indian child, has determined that active
efforts, as defined in section 19 -1.2-103 and described in section 19 -1.2-111, have not been
made;
(IV) The criteria for termination in section 19-3-604 have not yet been met; or
(V) If the parent:
(A) Is incarcerated in a department of corrections facility, a private correctional facility
under contract with the department of corrections, or a jail; detained by the United States
department of homeland security; or deported; and
(B) Has a meaningful and safe relationship with the child or youth while incarcerated,
detained, or deported.
(5) For a child or youth in a case designated pursuant to section 19-1-123 only:
(a) A permanent home is the place in which the child or youth may reside if the child or
youth is unable to return home to a parent or legal guardian. If the court determines by a
preponderance of the evidence that a permanent home is not currently available or that the child's
or youth's current needs or situation prohibit placement, the court must be shown and the court
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must find that reasonable efforts, as defined in section 19 -1-103, were made to find the child or
youth an appropriate permanent home and such a home is not currently available or that a child's
or youth's needs or situation prohibit the child or youth from a successful placement in a
permanent home.
(b) Regardless of any permanent home findings made pursuant to this section, reasonable
efforts shall continue to be made to return the child or youth home unless the court has
previously found or finds that reunification is not an option pursuant to section 19-1-115 (7). Any
findings by the court regarding a permanent home shall not delay or interfere with reunification
of a child or youth with a parent or legal guardian.
(c) At a permanency planning hearing that occurs immediately prior to twelve months after
the original placement of the child or youth out of the home, the court shall make a finding
identifying whether the child or youth is in a placement that can provide legal permanency. The
court must make this finding to ensure that a child or youth who has been removed from his or
her home is placed in a permanent home as expeditiously as possible.
(d) The court shall review the case at a permanency planning hearing at least every six
months until the court finds that the child or youth is in a permanent home. The permanency
planning hearings must continue as long as the court is unable to find that the child or youth is in
a permanent home. At each hearing, the court must be provided evidence that a child or youth is
in a permanent home or that reasonable efforts, as defined in section 19 -1-103, continue to be
made to find the child or youth an appropriate permanent home and such a home is not currently
available or that a child's or youth's needs or situation prohibit the child or youth from successful
placement in a permanent home.
(e) At each permanency planning hearing, the caseworker shall provide the court with a
written or verbal report specifying what efforts have been made to identify a permanent home for
the child or youth and what services have been provided to the child or youth to facilitate
identification of a permanent home, including the department's ongoing efforts to identify
relatives and kin and to engage the relatives and kin in providing support for the child or youth
and family, and document that the relatives and kin have been provided notice as required by
section 19-3-403 (3.6)(a)(IV). The department shall also report any decision regarding placing
the child or youth with a relative or kin. If the department determines not to place the child or
youth with a relative or kin, after giving primary consideration to the child's or youth's mental,
physical, and emotional needs, or if the department decides not to place a child or youth with a
relative or kin because the placement would hinder efforts to reunite the child or youth and
parent, the department shall explain why any identified relatives or kin have been ruled out for
placement.
(f) In determining whether a child or youth is in a permanent home, the court shall consider
placement of the children or youth together as a sibling group pursuant to section 19-3-213.
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(6) If a placement change is contested by a party and the child or youth is not reunifying with
a parent or legal guardian, the court shall consider all pertinent information, including the child's
or youth's wishes, related to modifying the placement of the child or youth prior to removing the
child or youth from the child's or youth's placement, and including the following:
(a) An individualized assessment of the child's or youth's needs created pursuant to Title IV -
E of the federal "Social Security Act", as amended, and regulations promulgated thereunder, as
amended;
(b) Whether the child's or youth's placement at the time of the hearing is a safe and
potentially permanent home for the child or youth;
(c) The child's or youth's actual age and developmental stage and, in consideration of this
information, the child's or youth's attachment needs;
(d) Whether the child or youth has significant psychological ties to a person who could
provide a permanent home for the child or youth, including a relative, and, if so, whether this
person maintained contact with the child or youth during the child's or youth's placement out of
the home;
(e) Whether a person who could provide a permanent home for the child or youth is willing
to maintain appropriate contact after an adoption of the child or youth with the child's or youth's
relatives, particularly sibling relatives, when such contact is safe, reasonable, and appropriate;
(f) Whether a person who could provide a permanent home for the child or youth is aware of
the child's or youth's culture and is willing to provide the child or youth with positive ties to his
or her culture;
(g) The child's or youth's medical, physical, emotional, or other specific needs, and whether a
person who could provide a permanent placement for the child or youth is able to meet the
child's or youth's needs;
(h) The child's or youth's attachment to the child's or youth's caregiver at the time of the
hearing and the possible effects on the child's or youth's emotional well -being if the child or
youth is removed from the caregiver's home. However, placement with a child's or youth's
relative or kin should not be denied based solely upon the ordinary bonding and attachment to a
foster parent as a result of time spent in the home. The court shall consider the number of prior
placements, the child's or youth's mental, physical, and emotional needs, and any subsequent
caregivers' ability to provide emotional and psychological support when considering a change of
placement.
(i) The child's or youth's preference regarding placement.
(7) (a) If a child's parent is incarcerated in a department of corrections facility, a private
correctional facility under contract with the department of corrections, or a jail, and the parent
Colorado Revised Statutes 2026
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has maintained a meaningful and safe relationship with the child while incarcerated, the court
shall make findings regarding whether a permanent placement for the child exists that permits
the parent to maintain a relationship with the child, including guardianship or allocation of
parental responsibilities, giving primary consideration to the child's mental, physical, and
emotional needs. If the proposed permanent placement would require the child to transfer to
another placement, the court shall consider the factors in subsection (6) of this section in making
its determination.
(b) In making a determination whether the parent who is incarcerated has maintained a
meaningful and safe relationship with the child, the court shall give primary consideration to the
child's mental, emotional, and physical needs, and whether the involvement of the parent who is
incarcerated in the child's life serves the child's best interests. The court shall not find that the
parent's incarceration is the sole reason that a relationship with the parent is not in the child's best
interests, and shall consider the parent's efforts to comply with the treatment plan under the
circumstances of incarceration.
Source: L. 89: Entire section added, p. 930, § 2, effective April 23. L. 92: (1), (2), (4), (6), and
(8) amended, p. 225, § 13, effective July 1. L. 93: (1), (2), (4), (6), and (7) amended, p. 390, § 4,
effective April 19; (5)(a)(I) amended, p. 582, § 20, effective July 1. L. 94: (1) and (3) amended
and (2.5) added, p. 2057, § 9, effective July 1; (6) and (8) amended, p. 2687, § 207, effective July
1. L. 98: (1), (3), (4), and (6) amended, p. 1421, § 9, effective July 1. L. 99: (1), (2), (2.5), (3),
(6), and (8) amended, p. 913, § 9, effective July 1. L. 2000: (2.7) added, p. 476, § 5, effective
July 1. L. 2001: Entire section amended, p. 847, § 11, effective June 1. L. 2003: (1), (6)(a),
(6)(b), and (8)(b) amended and (6.5) added, p. 2487, § 2, effective July 1. L. 2005: (9) added, p.
679, § 4, effective July 1. L. 2007: (1) and (1.5) amended and (3.7) added, p. 1018, § 9, effective
May 22. L. 2008: (10) added, p. 1533, § 2, effective July 1. L. 2015: (9) amended, (HB 15 -
1337), ch. 328, p. 1342, § 3, effective June 5. L. 2018: (2), IP(2.5), and IP(5)(a) amended, (SB
18-092), ch. 38, p. 423, § 63, effective August 8. L. 2019: Entire section R&RE, (HB 19 -1219),
ch. 237, p. 2349, § 1, effective August 2. L. 2021: (1)(a) and (4)(c) amended, (HB 21 -1094), ch.
340, p. 2217, § 6, effective June 25; (5)(a) and (5)(d) amended, (SB 21 -059), ch. 136, p. 733, §
81, effective October 1. L. 2022: (4)(c), (5)(e), and IP(6) amended, (HB 22-1038), ch. 92, p. 437,
§ 14, effective January 9, 2023. L. 2023: (1)(a) and (3)(a) amended, (HB 23 -1027), ch. 284, p.
1684, § 18, effective June 1; (5)(e) and (6)(h) amended and (6)(i) added, (HB 23 -1024), ch. 367,
p. 2214, § 6, effective August 7; (4)(e)(III) and (4)(e)(IV) amended and (4)(e)(V) and (7) added,
(SB 23-039), ch. 191, p. 957, § 8, effective January 1, 2024. L. 2024: IP(3) amended, (SB 24 -
008), ch. 289, p. 1931, § 2, effective September 1. L. 2025: IP(4)(e) amended and (4)(e)(III.5)
added, (HB 25 -1204), ch. 338, p. 1815, § 3, effective August 6. L. 2026: IP(3) amended, (HB
26-1374), ch. 171, p. 1009, § 2, effective July 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-723-
Cross references: (1) For the legislative declaration contained in the 1993 act amending
subsection (5)(a)(I), see section 1 of chapter 165, Session Laws of Colorado 1993. For the
legislative declaration contained in the 1999 act amending subsections (1), (2), (2.5), (3), (6), and
(8), see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative declaration
contained in the 2001 act amending this section, see section 1 of chapter 241, Session Laws of
Colorado 2001. For the legislative declaration contained in the 2005 act enacting subsection (9),
see section 1 of chapter 194, Session Laws of Colorado 2005. For the legislative declaration in
SB 18 -092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative
declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. For the
legislative declaration in HB 23 -1027, see section 1 of chapter 284, Session Laws of Colorado
2023. For the legislative declaration in HB 23 -1024, see section 1 of chapter 367, Session Laws
of Colorado 2023. For the legislative declaration in SB 23 -039, see section 1 of chapter 191,
Session Laws of Colorado 2023.
(2) For Title IV-E of the federal "Social Security Act", see 42 U.S.C. § 670 et seq.
ANNOTATION
Law reviews. For article, "Review of
New Legislation Relating to Criminal Law",
see 11 Colo. Law. 2148 (1982). For article,
"House Bill 1268 — In the Best Interests of
the Child", see 18 Colo. Law. 1703 (1989).
For article, "Permanency Planning in
Dependency Cases", see 20 Colo. Law. 717
(1991). For article, "House Bill 22 -1038:
Colorado Continues its History of
Expanding Children's V oice and
Representation in D&N Proceedings", see
52 Colo. Law. 34 (Apr. 2023).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The general assembly intended that this
section apply to all children placed out of
the home, not only to those placed into
foster care. People ex rel. C.M., 116 P.3d
1278 (Colo. App. 2005).
Jurisdiction of court to determine
placement. It is within the exclusive
jurisdiction of the court to determine the
placement of a child adjudicated neglected,
dependent, or delinquent. State Dept. of Soc.
Servs. v. Arapahoe County Dept. of Soc.
Servs., 642 P.2d 16 (Colo. App. 1981).
Section 19 -1-109 (2)(c) is not meant to
delay permanent placement decisions
while appeals of dependency and neglect
orders are litigated. Section 19 -1-109
(2)(c) provides the trial court with
continuing jurisdiction to enter further
permanent custody orders under this section
if it furthers the child's best interests, even if
those orders are entered after the order
adjudicating the child dependent or
neglected is appealed. People ex rel. K.A.,
155 P.3d 558 (Colo. App. 2006).
Once a petition for custody under § 14 -
10-123 is certified to be determined in a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-724-
hearing under this section, dissolution -of-
marriage statutes cease to apply. Instead,
provisions of the Colorado Children's Code
govern, in view of the differing policies
behind the respective statutes. People in
Interest of D.C., 851 P.2d 291 (Colo. App.
1993).
Permanency order under this section
held not final and appealable. People in
Interest of H.R., 883 P.2d 619 (Colo. App.
1994).
Failure to hold permanency planning
hearing within 18 months after out -of-
home placement is not jurisdictional.
People in Interest of R.W. and T.W., 989
P.2d 240 (Colo. App. 1999), aff'd sub nom.
L.L. v. People, 10 P.3d 1271 (Colo. 2000).
In determining whether to return the
child to the home, the court must consider
whether the parent can provide reasonable
parental care. Reasonable parental care
means, at a minimum, providing nurturing
and protection adequate to meet the child's
physical, emotional, and mental health
needs. People ex rel. A.W.R., 17 P.3d 192
(Colo. App. 2000).
A finding of unfitness not required in
order to decline to award a parent
permanent legal custody. Under this
section, an award of permanent custody to a
nonparent may be made even if a parent is
not found to be unfit. People ex rel. C.M.,
116 P.3d 1278 (Colo. App. 2005).
A finding that a parent is unfit is not
required to award permanent custody to
a nonparent to avoid violating a parent's
due process rights, though subsection (4)
requires the department to establish a
compelling reason why it is not in a child's
best interests to return home, and unfitness
could be a compelling reason. People in
Interest of M.D., 2014 COA 121, 338 P.3d
1120.
Mother's due process rights were not
violated when the court changed the
permanency plan and transferred the case to
the district court for a termination hearing
without first conducting a permanency
hearing, but the mother was given a full and
fair opportunity to address any issues
regarding the change in the permanency plan
at the termination hearing. People ex rel.
M.B., 70 P.3d 618 (Colo. App. 2003).
Failure of a court to make express
determinations as required by subsections
(3.5)(a) and (3.5)(b) alone does not
establish a failure by the court to observe
procedural safeguards to protect a parent's
rights or to ensure that reasonable efforts
were undertaken to finalize a permanency
plan. People in Interest of M.D., 2014 COA
121, 338 P.3d 1120.
Because subsection (5) uses the
permissive "may", a court is not required
to make findings about the impact of
removing a child from a foster home.
People in Interest of M.D., 2014 COA 121,
338 P.3d 1120.
Court not required to make a finding
under subsection (5)(b) that a child's
removal from a foster home would be
seriously detrimental to the child's emotional
well-being after a court finds there are
compelling reasons that it would not be in a
child's best interests to return to a parent's
Colorado Revised Statutes 2026
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home. People in Interest of M.D., 2014 COA 121, 338 P.3d 1120.
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.
Source: L. 2019: Entire section added, (HB 19 -1219), ch. 237, p. 2354, § 2, effective August
2.
19-3-703. Permanent home. (Repealed)
Source: 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.
Cross references: For the legislative declaration contained in the 2001 act amending this
section, see section 1 of chapter 241, Session Laws of Colorado 2001.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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ANNOTATION
Law reviews. For article, "Report -
Writing Tips for Guardians ad Litem in
Dependency and Neglect Cases", see 31
Colo. Law. 87 (Oct. 2002).
Child in foster home with potential
adoptive parents was in a "permanent
home" for purposes of § 19 -3-703 and
removal from presumptively permanent
home delayed placement. Therefore,
department was required to show by clear
and convincing evidence that (1) it was
making reasonable efforts to find child an
appropriate home, and (2) concerns about
foster mother rendered that foster home "not
currently available" pursuant to the statute.
People ex rel. A.C., 304 P.3d 589 (Colo.
App. 2011), aff'd sub nom. M.S. v. People,
2013 CO 35, 303 P.3d 102.
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.
Source: L. 2021: Entire section added, (HB 21-1094), ch. 340, p. 2217, § 7, effective June 25.
19-3-705. Transition hearing.
(1) When a youth turns eighteen years of age while the youth is a named child or is a youth
in a dependency and neglect case open through this article 3, the court shall hold a transition
hearing within thirty-five days after the youth's eighteenth birthday. The purpose of the transition
hearing is to determine whether the youth will opt into the foster youth in transition program,
established in section 19-7-303, or, alternatively, choose to emancipate.
(2) At least seven days prior to a transition hearing, a county department shall file a report
with the court that includes:
(a) A description of the county department's reasonable efforts toward achieving the youth's
permanency goals and a successful transition to adulthood;
(b) An affirmation that the county department has provided the youth with all necessary
records and documents, including copies of all documents listed in section 19 -3-702 (4)(d),
Colorado Revised Statutes 2026
Title 19 - Children's Code
-727-
health records, education records, and written information concerning the youth's family history
and contact information for siblings, if available and appropriate;
(c) An affirmation that the county department has informed the youth, in a developmentally
appropriate manner, of the benefits and options available to the youth by participating in the
foster youth in transition program created in section 19 -7-303 and the voluntary nature of that
program; and
(d) A statement of whether the youth has made a preliminary decision whether to emancipate
or to enter the foster youth in transition program created in section 19-7-303 and either or both of
the following:
(I) If it is anticipated that the youth will choose to emancipate, the report must include a copy
of the youth's emancipation transition plan executed pursuant to section 19 -7-310, finalized no
more than ninety days prior to the youth's transition; or
(II) If it is anticipated that the youth will choose to enter the foster youth in transition
program created in section 19 -7-303, the county department shall file a petition pursuant to
section 19-7-307.
(3) The court shall advise the youth that:
(a) Except as provided in section 19 -3-704, the youth has the right to choose whether to
emancipate or to voluntarily continue receiving services through the foster youth in transition
program created in section 19-7-303;
(b) To participate in the foster youth in transition program created in section 19 -7-303, the
youth must enter into a voluntary services agreement with the county department. The transition
program provides the youth with access to financial support with housing and other services, as
outlined in section 19-7-305.
(c) Services provided through the foster youth in transition program created in section 19 -7-
303 are voluntary for the youth, and the youth may remain in the transition program until the last
day of the month in which the youth turns twenty -one years of age, or such greater age of foster
care eligibility as required by federal law, so long as the youth meets all other program eligibility
requirements pursuant to section 19-7-304;
(d) If the youth chooses to emancipate but later decides support is needed, the youth has the
right to begin receiving child welfare services again through the foster youth in transition
program, created in section 19 -7-303, until the youth's twenty -first birthday or such greater age
of foster care eligibility as required by federal law; and
(e) The youth has the right to counsel, who shall represent the youth throughout the youth's
participation in the foster youth transition program. The court shall advise the youth that the
current emancipation transition hearing may be continued for up to one hundred nineteen days if
Colorado Revised Statutes 2026
Title 19 - Children's Code
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the youth would like additional time to make a decision or to prepare for emancipation. The court
shall ask the youth whether the youth has had sufficient opportunity to consult with counsel and
if the youth is ready to make a decision at the current time or, alternatively, if the youth would
like to request a continuance of up to one hundred nineteen days.
(4) Prior to a youth emancipating, the court shall:
(a) Review the youth's emancipation transition plan executed pursuant to section 19 -7-310
and consult with the youth on readiness for emancipation;
(b) Determine whether the county department has made reasonable efforts toward the youth's
permanency goal and a successful transition to adulthood;
(c) Determine whether the youth has been provided with all necessary records and
documents described in subsection (2)(b) of this section; and
(d) Determine whether the youth has been enrolled in medicaid and advise the youth on the
youth's eligibility for former foster care medicaid up to twenty -six years of age pursuant to
section 26-5-113 and of the necessity of keeping the youth's contact information up to date.
(5) With the youth's consent, the court may continue the emancipation transition hearing for
up to one hundred nineteen days to allow time to improve the youth's emancipation transition
plan, gather necessary documents and records, or for any other reason necessary to allow the
youth a successful transition to adulthood.
(6) If a youth is opting into the foster youth in transition program created in section 19 -7-303
and a petition has been filed pursuant to section 19 -7-307, the court shall dismiss the case
pursuant to this article 3 or dismiss the youth from the case brought pursuant to this article 3,
leave the case open for remaining siblings, and open a new case brought pursuant to part 3 of
article 7 of this title 19. Such an action must not result in an interruption in case management
services, housing, medicaid coverage, or in foster care maintenance payments.
Source: L. 2021: Entire section added, (HB 21-1094), ch. 340, p. 2217, § 7, effective June 25.
L. 2022: (1) and (5) amended, (HB 22 -1245), ch. 88, p. 418, § 5, effective August 10; (3)(e)
amended, (HB 22-1038), ch. 92, p. 442, § 27, effective January 9, 2023.
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022.
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Title 19 - Children's Code
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PART 8
TASK FORCE ON THE COLLECTION AND SECURITY OF DIGITAL
IMAGES OF CHILD ABUSE OR NEGLECT
19-3-801 to 19-3-805. (Repealed)
Editor's note: (1) This part 8 was added in 2016 and was not amended prior to its repeal in
2019. For the text of this part 8 prior to its repeal in 2019, consult the 2018 Colorado Revised
Statutes and the Colorado statutory research explanatory note beginning on page vii in the front
of this volume.
(2) Section 19 -3-805 provided for the repeal of this part 8, effective July 1, 2019. (See L.
2016, p. 1043.)
PART 9
TASK FORCE ON HIGH-QUALITY PARENTING TIME
Editor's note: (1) This part 9 was added in 2021. For amendments to this part 9 prior to its
repeal in 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research
explanatory note beginning on page vii in the front of this volume.
(2) Section 19 -3-905 provided for the repeal of this part 9, effective July 1, 2025. (See L.
2023, p. 1685.)
19-3-901 to 19-3-905. (Repealed)
ARTICLE 3.1
Dependency Proceedings for Unaccompanied Children or Youth in Federal
Custody
19-3.1-101. Petition for dependency order
for unaccompanied
children or youth in
federal custody -
definition.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-3.1-101. 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 as described in section 19 -3.3-103 (1)(b). 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.
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(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.
Source: L. 2022: Entire article added, (HB 22 -1319), ch. 391, p. 2770, § 1, effective June 7.
L. 2024: (3) amended, (SB 24 -119), ch. 33, p. 103, § 5, effective August 7. L. 2025: IP(3)(a)
amended, (HB 25-1200), ch. 270, p. 1396, § 7, effective August 6.
ARTICLE 3.3
Office of the Child Protection Ombudsman
19-3.3-101. Legislative declaration.
19-3.3-101.5. Definitions.
19-3.3-102. Office of the child protection
ombudsman established -
child protection
ombudsman advisory
board - qualifications of
ombudsman - duties.
19-3.3-103. Office of the child protection
ombudsman - duties -
access to information -
confidentiality -
testimony - judicial
review - definitions.
19-3.3-103.4. Office of the child protection
ombudsman - access to
information.
19-3.3-103.5. Office of the child protection
ombudsman -
confidentiality.
19-3.3-104. Qualified immunity.
19-3.3-105. Advisory work group -
development of plan for
autonomy and
accountability - repeal.
(Repealed)
19-3.3-106. Award of contract - extension
- repeal. (Repealed)
19-3.3-107. Child protection ombudsman
program fund - created -
repeal. (Repealed)
19-3.3-108. Office of the child protection
ombudsman - annual
report.
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19-3.3-109. Review by the state auditor's
office.
19-3.3-110. Funding recommendations.
19-3.3-111. Task force to prevent youth
from running from out-
of-home placement -
creation - membership -
duties - report -
definitions - repeal.
(Repealed)
19-3.3-112. Systems and tools to prevent
children or youth from
running away - residential
child care facility - report
- definitions.
19-3.3-113. Office of the child protection
ombudsman - access to
state-licensed residential
child care facilities and
facilities - education of
children and youth in
state-licensed residential
child care facilities and
facilities.
19-3.3-101. Legislative declaration.
(1) The general assembly finds and declares that:
(a) Child abuse and neglect is a serious and reprehensible problem in society;
(b) The protection of children from abuse and neglect by applying prevention measures and
observing best practices in treating children who are abused and neglected must be one of
Colorado's highest public policy priorities;
(c) The child protection system must protect and serve Colorado's children in a manner that
keeps them safe and healthy and promotes their well-being;
(d) The children and families served by the child protection system, as well as the public,
must have a high level of confidence that the system will act in a child's best interests and will
respond to the child's needs in a timely and professional manner;
(e) To engender this high level of confidence in the child protection system, it is important
that children and families who become involved in the system, mandatory reporters, and the
general public have a well -publicized, easily accessible, and transparent grievance process for
voicing concerns regarding the child protection system along with the expectation that those
concerns, once voiced, will be heard and addressed in a timely and appropriate manner; and
(f) To improve child protection outcomes and to foster best practices, there must be effective
accountability mechanisms, including the review and evaluation of concerns voiced by children
and families, mandatory reporters, persons involved in the child protection system, and members
of the general public, that provide policymakers with the information necessary to formulate
systemic changes, where appropriate.
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(2) The general assembly further finds and declares that the establishment of the office of the
child protection ombudsman will:
(a) Improve accountability and transparency in the child protection system and promote
better outcomes for children and families involved in the child protection system; and
(b) Allow families, concerned citizens, mandatory reporters, employees of the state
department and county departments, and other professionals who work with children and
families to voice their concerns, without fear of reprisal, about the response by the child
protection system to children experiencing, or at risk of experiencing, child maltreatment.
Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 974, § 1, effective May 14. L.
2015: IP(2) amended, (SB 15-204), ch. 264, p. 1031, § 14, effective June 2.
19-3.3-101.5. Definitions.
As used in this article 3.3, unless the context otherwise requires:
(1) "Board" means the child protection ombudsman board established pursuant to section 19-
3.3-102 (2)(a).
(2) "Complaint" means a report or complaint relating to an action, inaction, or decision of a
public agency or a provider that receives public money that may adversely affect the safety,
permanency, or well-being of a child or youth.
(3) "Facility" means a facility established and operated by the state department pursuant to
section 19-2.5-1502.
(4) "Office" means the office of the child protection ombudsman established pursuant to
section 19-3.3-102 (1)(a).
(5) "Ombudsman" means the child protection ombudsman and director of the office
appointed pursuant to section 19-3.3-102 (3)(a)(I).
(6) "Personnel files" has the same meaning as set forth in section 24-72-202.
(7) "State-licensed residential child care facility" has the same meaning as set forth in section
26-6-903.
(8) "Work product" has the same meaning as set forth in section 24-72-202.
Source: L. 2025: Entire section added, (SB 25 -275), ch. 377, p. 2046, § 78, effective August
6; entire section added, (HB 25-1200), ch. 270, p. 1386, § 1, effective August 6.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-734-
Editor's note: This section added by SB 25 -275 and HB 25 -1200 was harmonized, resulting
in the renumbering of subsections (2) and (3) in SB 25 -275 to subsections (4) and (5),
respectively.
19-3.3-102. Office of the child protection ombudsman established - child protection
ombudsman advisory board - qualifications of ombudsman - duties.
(1) (a) The independent office of the child protection ombudsman is established in the
judicial department as an independent agency for the purpose of ensuring the greatest protections
for the children of Colorado.
(a.5) The office and the judicial department shall operate pursuant to a memorandum of
understanding between the two entities. The memorandum of understanding contains, at a
minimum:
(I) A requirement that the office has its own personnel rules;
(II) A requirement that the ombudsman has independent hiring and termination authority
over office employees;
(III) A requirement that the office must follow judicial fiscal rules;
(IV) A requirement that the office of the state court administrator shall offer the office of the
child protection ombudsman limited support with respect to:
(A) to (F) Repealed.
(G) Office space, facilities, and technical support limited to the building that houses the
office of the state court administrator; and
(V) Any other provisions regarding administrative support that will help maintain the
independence of the office.
(VI) Repealed.
(b) The office and the related child protection ombudsman board, established in subsection
(2) of this section, shall operate with full independence. The board and office have complete
autonomy, control, and authority over operations, budget, and personnel decisions related to the
office, board, and ombudsman.
(c) The office shall work cooperatively with the child protection ombudsman board
established in subsection (2) of this section, the department of human services and other child
welfare organizations, as appropriate, to form a partnership between those entities and persons,
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parents, and the state for the purpose of ensuring the greatest protections for the children of
Colorado.
(2) (a) There is established an independent, nonpartisan child protection ombudsman board.
The board consists of twelve members and, to the extent practicable, must include persons from
throughout the state and persons with disabilities and must reflect the ethnic diversity of the
state. All members must have child welfare policy or system expertise or experience.
(b) The board members must be appointed as follows:
(I) The chief justice of the Colorado supreme court shall appoint:
(A) An individual with experience as a respondent parents' counsel;
(B) An individual with experience defending juveniles in court proceedings;
(C) An individual with legal experience in dependency and neglect cases; and
(D) An individual with experience in criminal justice involving children and youth.
(II) The governor shall appoint:
(A) An individual with previous professional experience with a rural county human or social
services agency or a rural private child welfare advocacy agency;
(B) An individual with previous professional experience with the department of human
services;
(C) An individual with previous professional experience with an urban human or social
services agency or an urban private child welfare agency; and
(D) An individual with experience in primary or secondary education.
(III) The president and minority leader of the senate shall appoint:
(A) An individual who was formerly a child in the foster care system; and
(B) An individual with professional experience as a county and community child protection
advocate; and
(IV) The speaker and the minority leader of the house of representatives shall appoint:
(A) A current or former foster parent; and
(B) A health-care professional with previous experience with child abuse and neglect cases.
(c) Board members shall serve for terms of four years; except that the terms shall be
staggered so that no more than six members' terms expire in the same year. The appointing
officials shall fill any vacancies on the board for the remainder of any unexpired term.
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(d) The board shall meet a minimum of two times per year and additionally as needed. At
least one meeting per year must be held outside of the Denver metropolitan area.
(e) Board members shall serve without compensation but may be reimbursed for actual and
reasonable expenses incurred in the performance of their duties.
(f) Expenses incurred for the board must be paid from the general operating budget of the
office of the child protection ombudsman.
(3) The board has the following duties and responsibilities:
(a) To oversee the following personnel decisions related to the ombudsman:
(I) To appoint a person to serve as the child protection ombudsman and director of the office.
The board may also discharge an acting ombudsman for cause. A two -thirds majority vote is
required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's
compensation, and such compensation may not be reduced during the term of the ombudsman's
appointment.
(II) Filling a vacancy in the ombudsman position;
(III) Evaluating the ombudsman's performance as determined necessary based on feedback
received related to the ombudsman; and
(IV) Developing a public complaint process related to the ombudsman's performance;
(b) To oversee and advise the ombudsman on the strategic direction of the office and its
mission and to help promote the use, engagement, and access to the office;
(c) To work cooperatively with the ombudsman to provide fiscal oversight of the general
operating budget of the office and ensure that the office operates in compliance with the
provisions of this article, the memorandum of understanding, and state and federal laws relating
to the child welfare system;
(d) to (g) (Deleted by amendment, L. 2016.)
(h) To promote the mission of the office to the public; and
(i) To provide assistance, as practicable and as requested by the ombudsman, to facilitate the
statutory intent of this article.
(4) Meetings of the board are subject to the provisions of section 24 -6-402, C.R.S., except
for executive personnel actions or meetings requiring the protection of confidentiality for
children's or parents' personal data pursuant to the federal "Child Abuse Prevention and
Treatment Act", Pub.L. 93-247, and state privacy laws.
(5) The records of the board and the office are subject to the provisions of part 2 of article 72
of title 24, C.R.S.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-737-
Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 975, § 1, effective May 14. L.
2014: (2)(a) amended, (SB 14 -201), ch. 280, p. 1137, § 2, effective May 29. L. 2015: Entire
section R&RE, (SB 15 -204), ch. 264, p. 1022, § 1, effective June 2. L. 2016: (3) amended and
(1)(a.5) added, (SB 16 -013), ch. 102, p. 292, § 1, effective April 15. L. 2022: (1)(a), (2)(a),
IP(2)(b), (2)(c), and (3)(a)(I) amended, (SB 22 -013), ch. 2, p. 26, § 32, effective February 25. L.
2023: (1)(a.5)(VI) added, (SB 23 -228), ch. 96, p. 362, § 4, effective April 20. L. 2025: (1)(a),
(2)(a), and (3)(a)(I) amended, (SB 25 -275), ch. 377, p. 2046, § 79, effective August 6; (1)(a),
(2)(a), and (3)(a)(I) amended, (HB 25-1200), ch. 270, p. 1387, § 2, effective August 6.
Editor's note: Subsection (1)(a.5)(VI) provided for the repeal of subsections (1)(a.5)(IV)(A)
to (1)(a.5)(IV)(F) and (1)(a.5)(VI), effective July 1, 2024. (See L. 2023, p. 362.)
19-3.3-103. Office of the child protection ombudsman - duties - access to information -
confidentiality - testimony - judicial review - definitions.
(1) The ombudsman has the following duties, at a minimum:
(a) To receive and conduct an independent and impartial investigation of complaints
concerning child protection services, including:
(I) Complaints made by or on behalf of a child;
(II) Complaints made by or on behalf of a child's or youth's family, caregiver, or other
concerned individual;
(III) Complaints made by or on behalf of a child or youth pursuant to sections 19-2.5- 1502.5
(4)(c), 19-3-211 (5)(a), and 19-7-101 (2)(c)(II);
(IV) Complaints about an incident of egregious abuse or neglect; near fatality, as described
in section 26-1-139; or a fatality of a child, as described in part 20.5 of title 25 and section 26 -1-
139;
(V) Complaints concerning systemic issues, including, but not limited to, statutory,
budgetary, regulatory, and administrative issues affecting the safety of and outcomes for children,
youth, and families receiving child protection services in Colorado; and
(VI) Complaints raised by members of the community relating to child protection policies or
procedures.
(b) (I) Notwithstanding any provision of this section to the contrary, the ombudsman may
self-initiate an independent and impartial investigation and ongoing review of the safety and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-738-
well-being of an unaccompanied immigrant child who lives in a state -licensed residential child
care facility, as defined in section 26 -6-903, and who is in the custody of the office of refugee
resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec.
1232 et seq. The ombudsman may seek resolution of such investigation and ongoing review,
which may include, but need not be limited to, referring an investigation and ongoing review to
the state department or appropriate agency or entity and making a recommendation for action
relating to an investigation and ongoing review.
(II) (A) In self-initiating an investigation and ongoing review of the safety and well -being of
an unaccompanied immigrant child who lives in a state-licensed residential child care facility, the
ombudsman has the authority to request, review, and receive copies of any information, records,
or documents, including records of third parties, that the ombudsman deems necessary to
conduct a thorough and independent investigation and ongoing review as described in subsection
(1)(b)(I) of this section, without cost to the ombudsman.
(B) A state -licensed residential child care facility shall notify the ombudsman and the state
department within three days after the arrival of each unaccompanied immigrant child.
(C) The ombudsman may create and distribute outreach materials to a state -licensed
residential child care facility and to individuals who may have regular contact with an
unaccompanied immigrant child.
(III) As used in this subsection (1)(b), "unaccompanied immigrant child" means a child
under the age of eighteen years, without lawful immigration status in the United States, who has
been designated an unaccompanied child and transferred to the custody of the office of refugee
resettlement of the federal department of health and human services pursuant to federal law.
(2) (a) In investigating a complaint described in subsection (1)(a) of this section, the
ombudsman shall:
(I) Request, access, and review any information, documents, or records, including records of
third parties, the ombudsman deems necessary to conduct an independent and impartial
investigation of complaints pursuant to section 19-3.3-103.4;
(II) Seek resolution of a complaint, which may include, but is not limited to, referring a
complaint to the state department or appropriate agency or entity and making a recommendation
for action relating to a complaint; and
(III) Refer any complaints relating to the judicial department and judicial proceedings,
including, but not limited to, complaints concerning the conduct of judicial officers or attorneys
of record, judicial determinations, and court processes and procedures, to the appropriate agency
or entity. Nothing in this section grants the office the authority to access information, records, or
documents to investigate a complaint made in regard to the provision of legal services by an
independent judicial agency or its contractors.
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(b) (I) Notwithstanding subsection (2)(a)(I) of this section to the contrary, the ombudsman
shall not have access to:
(A) Personnel files;
(B) Work product;
(C) Information, documents, or records that may be protected by an agency's or entity's
attorney-client privilege; or
(D) Information, documents, or records that may be protected by an agency's deliberative
process privilege.
(II) If an agency or entity withholds information, documents, or records described in
subsection (2)(b)(I) of this section from the ombudsman, the agency or entity shall communicate
to the ombudsman that the information, documents, or records were withheld and the reasons for
withholding the information, documents, or records.
(c) The ombudsman may decline to investigate a complaint or continue an investigation. If
the ombudsman declines to investigate a complaint or continue an investigation, the office shall
notify the complainant of the decision and the reason for the ombudsman's actions.
(3) In addition to the duties described in subsection (1)(a) of this section, the ombudsman has
the following duties:
(a) To report, as required by section 19 -3.3-108, concerning the actions of the ombudsman
related to the goals and duties of the office;
(b) To review the memorandum of understanding between the office and the judicial
department and renegotiate such memorandum of understanding at any time as the office and the
judicial department mutually deem appropriate;
(c) To act on behalf of the office and serve as signator for the office;
(d) To ensure accountability and consistency in the operating policies and procedures,
including reasonable rules to administer the provisions of this article 3.3 and any other standards
of conduct and reporting requirements as provided by law;
(e) To serve or designate a person to serve on the youth restraint and seclusion working
group pursuant to section 26-20-110 (1)(i);
(f) To review and evaluate the effectiveness and efficiency of any existing grievance
resolution mechanisms and to make recommendations to the general assembly, executive
director, and any appropriate agency or entity for the improvement of the grievance resolution
mechanisms;
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(g) To help educate the public concerning issues and recommendations the ombudsman
identifies, including on child maltreatment and the role of the community in strengthening
families and keeping children safe;
(h) To promote best practices and effective programs relating to a publicly funded child
protection system and to work collaboratively with county departments, when appropriate,
regarding improvement of processes; and
(i) To recommend to the general assembly, the executive director, and any appropriate
agency or entity statutory, budgetary, regulatory, and administrative changes, including systemic
changes, to improve the safety of and promote better outcomes for children and families
receiving child protection services in Colorado. Recommendations may address issues the
ombudsman identifies during the course of an investigation of complaints, as described in
subsection (1)(a) of this section. The ombudsman's recommendations are subject to public
disclosure pursuant to article 72 of title 24.
(4) Nothing in this article 3.3 directs or authorizes the ombudsman to intervene in any
criminal or civil judicial proceeding or to interfere in a criminal investigation.
(5) In the performance of the ombudsman's duties, the ombudsman shall act independently of
any public agency or provider that receives public money and that may adversely affect the
safety, permanency, or well -being of a child or youth, including the division within the
department of early childhood that is responsible for child care, the divisions within the state
department that are responsible for child welfare or youth services, the county departments of
human or social services, and all judicial and independent agencies. Any recommendations made
by the ombudsman or positions taken by the ombudsman do not reflect those of any public
agency, including the department of early childhood, state department, judicial department and
independent agencies, or county departments of human or social services.
Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 976, § 1, effective May 14. L.
2014: IP(1) and IP(2) amended, (SB 14 -201), ch. 280, p. 1137, § 3, effective May 29. L. 2015:
(1)(a)(I)(A), (1)(a)(II)(B), (1)(c), (2)(b), (2)(e), (3), and (5) amended, (SB 15 -204), ch. 264, pp.
1026, 1031, §§ 2, 15, effective June 2. L. 2016: (1)(b) and (1)(c) amended and (1)(d), (1)(e), and
(1)(f) added, (SB 16 -013), ch. 102, p. 294, § 2, effective April 15. L. 2017: (5) amended, (HB
17-1329), ch. 381, p. 1978, § 43, effective June 6. L. 2018: (1)(e) and (1)(f) amended and (1)(g)
added, (HB 18-1010), ch. 25, p. 283, § 4, effective March 7. L. 2021: (1)(a)(I), (1)(a)(II), (2)(d),
and (2)(e) amended and (2)(f) added, (HB 21 -1272), ch. 324, p. 1984, § 1, effective June 24;
(1)(a.5) added, (HB 21 -1313), ch. 416, p. 2768, § 1, effective July 2. L. 2022: (1)(a)(II)(D),
(1)(a.5)(I), (3), and (5) amended, (HB 22 -1295), ch. 123, p. 836, § 42, effective July 1. L. 2025:
Entire section amended, (HB 25-1200), ch. 270, p. 1387, § 3, effective August 6.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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ANNOTATION
Ombudsman does not have statutory
authority to access information for an
investigation by filing motions in cases in
which it is not a party but rather must
proceed in accordance with the Colorado
Open Records Act. People in Interest of
C.J.T., 2023 CO 60, 546 P.3d 1150.
19-3.3-103.4. Office of the child protection ombudsman - access to information.
(1) (a) (I) In investigating a complaint, the office has the authority to request, access, and
review any information, records, or documents, including records of third parties, that the office
deems necessary to conduct a thorough and independent review of a complaint or event
described in section 19 -3.3-103 (1)(a). In the investigation of a complaint or event described in
section 19 -3.3-103 (1)(a) that occurs in the state, the office must have access to information,
records, or documents that either the state department, the department of early childhood, or a
county department would be entitled to access or receive.
(II) The ombudsman shall not have access to information, documents, or records described in
section 19-3.3-103 (2)(b)(I).
(b) (I) The office must have access to all information, records, or documents that the office
deems necessary to conduct a thorough and independent review of a complaint or event
described in section 19 -3.3-103 (1)(a) occurring in the state from any entity, including, but not
limited to, a coroner's office, law enforcement agency, hospital, court, the office of state registrar
of vital statistics described in section 25 -2-103, and a state -licensed out -of-home placement
provider, as defined in section 26-5-104.
(II) The ombudsman shall not have access to information, documents, or records described in
section 19-3.3-103 (2)(b)(I).
(c) (I) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is
related to a child fatality, near fatality, or incident of egregious abuse or neglect against a child,
as defined in section 26 -1-139 (2), upon request, the state department of human services' child
fatality review team, pursuant to section 26 -1-139 (5)(e), shall provide the office the final
confidential, case-specific review report.
(II) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is
related to a child fatality, upon request, the department of public health and environment's child
fatality prevention review team, pursuant to section 25-20.5-405, shall provide the office with the
nonidentifying case review findings and recommendations.
(2) (a) The state department shall ensure the office has unrestricted access to TRAILS, as
defined in section 26-5-118.
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(b) For educational purposes, the state department shall ensure office employees are
permitted to attend the child welfare training academy established in section 26-5-109.
(3) The office shall request, review, and receive copies of records as described in subsection
(1) of this section without cost if electronic records are not available.
(4) Nothing in this section grants subpoena power to the ombudsman, employees of the
office, and any other person acting on behalf of the office for purposes of investigating a
complaint described in section 19-3.3-103 (1)(a).
Source: L. 2025: Entire section added, (HB 25 -1200), ch. 270, p. 1392, § 4, effective August
6.
Editor's note: Several provisions of this section are similar to former § 19 -3.3-103 (1)(a)(II)
as it existed prior to 2025. For a detailed comparison, see the comparative tables located in the
back of the index.
ANNOTATION
Ombudsman does not have statutory
authority to access information for an
investigation by filing motions in cases in
which it is not a party but rather must
proceed in accordance with the Colorado
Open Records Act. People in Interest of
C.J.T., 2023 CO 60, 546 P.3d 1150 (decided
prior to 2025 amendment relocating former
§ 19-3.3-103 (1)(a)(II) to this section).
19-3.3-103.5. Office of the child protection ombudsman - confidentiality.
(1) The ombudsman, employees of the office, and any person acting on behalf of the office
shall comply with all state and federal confidentiality laws that govern the department of early
childhood, the state department, or a county department with respect to the treatment of
confidential information or records and the disclosure of such information and records.
(2) (a) The office shall treat all complaints received pursuant to section 19 -3.3-103 (1)(a) as
confidential, including the identities of complainants and individuals from whom information is
acquired; except that disclosures may be permitted if the ombudsman deems it necessary to
enable the ombudsman to perform the ombudsman's duties and to support any recommendations
resulting from an investigation.
(b) Records relating to complaints received by the office and the investigation of complaints
are exempt from public disclosure pursuant to article 72 of title 24.
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Title 19 - Children's Code
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(c) The ombudsman and any employee or person acting on behalf of the ombudsman shall
not be compelled to provide oral and written testimony in a civil or criminal proceeding in which
the ombudsman is not a legal party. Information, records, or documents requested and reviewed
by the ombudsman pursuant to this section are not subject to a subpoena issued to the
ombudsman, discovery from the ombudsman, or introduction into evidence through the
ombudsman in a civil or criminal proceeding in which the ombudsman is not a legal party.
Nothing in this subsection (2)(a) restricts or limits the right to discover or use in a civil or
criminal action evidence that is discoverable independent of the proceedings of the ombudsman.
Source: L. 2025: Entire section added, (HB 25 -1200), ch. 270, p. 1392, § 4, effective August
6.
Editor's note: Subsections (2)(a) and (2)(c) are similar to former § 19-3.3-103 (1)(a)(I)(B) and
(1)(a)(I)(C), respectively, as they existed prior to 2025.
ANNOTATION
Ombudsman does not have statutory
authority to access information for an
investigation by filing motions in cases in
which it is not a party but rather must
proceed in accordance with the Colorado
Open Records Act. People in Interest of
C.J.T., 2023 CO 60, 546 P.3d 1150 (decided
prior to 2025 amendment relocating former
§ 19-3.3-103 (1)(a)(I)(B) and (1)(a)(I)(C) to
this section).
19-3.3-104. Qualified immunity.
The ombudsman and employees or persons acting on behalf of the office are immune from suit
and liability, either personally or in their official capacities, for any claim for damage to or loss
of property, or for personal injury or other civil liability caused by or arising out of any actual or
alleged act, error, or omission that occurred within the scope of employment, duties, or
responsibilities pertaining to the office, including but not limited to issuing reports or
recommendations; except that nothing in this section shall be construed to protect such persons
from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and
wanton misconduct of that person.
Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 978, § 1, effective May 14. L.
2015: Entire section amended, (SB 15-204), ch. 264, p. 1032, § 16, effective June 2.
Colorado Revised Statutes 2026
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19-3.3-105. Advisory work group - development of plan for autonomy and
accountability - repeal. (Repealed)
Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 978, § 1, effective May 14. L.
2014: Entire section R&RE, (SB 14-201), ch. 280, p. 1135, § 1, effective May 29.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2016.
(See L. 2014, p. 1135.)
19-3.3-106. Award of contract - extension - repeal. (Repealed)
Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 979, § 1, effective May 14. L.
2014: (1)(a) amended, (SB 14 -201), ch. 280, p. 1137, § 4, effective May 29. L. 2015: Entire
section amended, (SB 15-204), ch. 264, p. 1027, § 3, effective June 2.
Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2016.
(See L. 2015, p. 1027.)
19-3.3-107. Child protection ombudsman program fund - created - repeal. (Repealed)
Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 980, § 1, effective May 14. L.
2015: (4) amended and (5) added, (SB 15-204), ch. 264, p. 1027, § 4, effective June 2.
Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2016.
(See L. 2015, p. 1027.)
19-3.3-108. Office of the child protection ombudsman - annual report.
(1) On or before September 1 of each year, commencing with the September 1 following the
first fiscal year in which the office was established, the ombudsman shall prepare a written report
Colorado Revised Statutes 2026
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that must include, but need not be limited to, information from the preceding fiscal year and any
recommendations concerning the following:
(a) Actions taken by the ombudsman relating to the duties of the office set forth in section
19-3.3-103;
(b) Statutory, regulatory, budgetary, or administrative changes relating to child protection,
including systemic changes, to improve the safety of and promote better outcomes for children
and families receiving child welfare services in Colorado;
(c) Results of the ombudsman's self -initiated investigation and ongoing review of the safety
and well -being of an unaccompanied immigrant child who is housed in a state -licensed
residential child care facility, as described in section 19-3.3-103.
(d) Updates on outreach efforts to state -licensed residential child care facilities and facilities
established and operated by the department of human services as described in section 19 -3.3-113
(2)(c).
(2) Notwithstanding section 24 -1-136 (11)(a)(I), the ombudsman shall distribute the written
report to the governor, the chief justice, the board, and the general assembly. The ombudsman
shall present the report to the health and human services committees of the house of
representatives and of the senate, or any successor committees.
(3) The ombudsman shall post the annual report on the office of the child protection
ombudsman's website and the general assembly's website.
(4) The ombudsman shall present or communicate quarterly updates to the board on the
activities of the office.
Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 980, § 1, effective May 14. L.
2015: IP(1), (1)(a), (2), and (3) amended, (SB 15-204), ch. 264, pp. 1028, 1027, §§ 7, 5, effective
June 2. L. 2016: (2) amended and (4) added, (SB 16 -013), ch. 102, p. 295, § 3, effective April
15. L. 2017: (2) amended, (SB 17 -234), ch. 154, p. 521, § 6, effective August 9. L. 2021: IP(1)
amended and (1)(c) added, (HB 21 -1313), ch. 416, p. 2769, § 2, effective July 2. L. 2025: (1)(d)
added, (HB 25-1200), ch. 270, p. 1396, § 6, effective August 6.
19-3.3-109. Review by the state auditor's office.
At the discretion of the legislative audit committee, the state auditor shall conduct or cause to
be conducted a performance and fiscal audit of the office.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Source: L. 2010: Entire article added, (SB 10 -171), ch. 225, p. 981, § 1, effective May 14. L.
2014: Entire section amended, (SB 14 -201), ch. 280, p. 1138, § 5, effective May 29. L. 2015:
Entire section amended, (SB 15 -204), ch. 264, p. 1028, § 8, effective June 2. L. 2016: Entire
section amended, (SB 16-013), ch. 102, p. 295, § 4, effective April 15.
19-3.3-110. Funding recommendations.
The ombudsman shall make funding recommendations to the joint budget committee of the
general assembly for the operation of the office of the child protection ombudsman. The general
assembly shall make annual appropriations, in such amount and form as the general assembly
determines appropriate, for the operation of the office.
Source: L. 2015: Entire section added, (SB 15-204), ch. 264, p. 1028, § 6, effective June 2.
19-3.3-111. Task force to prevent youth from running from out-of-home placement -
creation - membership - duties - report - definitions - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22 -1375), ch. 384, p. 2742, § 1, effective June 7.
L. 2023: (1)(d) and (3)(a)(VII)(F) amended, (HB 23 -1301), ch. 303, p. 1822, § 24, effective
August 7.
Editor's note: Subsection (8) provided for the repeal of this section, effective June 30, 2025.
(See L. 2022, p. 2742.)
19-3.3-112. Systems and tools to prevent children or youth from running away -
residential child care facility - report - definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Child or youth who has run away" means a child or youth who has left and remains
away from a residential child care facility without permission.
(b) "Residential child care facility" has the same meaning as set forth in section 26-6-903.
(2) (a) The office shall conduct a statewide inventory survey of the physical infrastructure of
residential child care facilities to address, at a minimum:
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(I) The physical infrastructure currently in place to deter children and youth from running
away; and
(II) The physical infrastructure needed to deter children and youth from running away.
(b) The office shall consult with the state department to develop the inventory survey.
Physical infrastructure needs may include, but are not limited to, the use of delayed egress locks,
alarms, fencing, signs, and lighting.
(3) On or before July 1, 2026, the office shall submit a report to the health and human
services committees of the house of representatives and the senate, or their successor
committees, that summarizes the results of the physical infrastructure survey of residential child
care facilities conducted pursuant to subsection (2)(a) of this section.
Source: L. 2025: Entire section added, (SB 25-151), ch. 70, p. 305, § 2, effective April 10.
Cross references: For the legislative declaration in SB 25 -151, see section 1 of chapter 70,
Session Laws of Colorado 2025.
19-3.3-113. Office of the child protection ombudsman - access to state-licensed
residential child care facilities and facilities - education of children and youth in state-
licensed residential child care facilities and facilities.
(1) (a) A state -licensed residential child care facility and a facility shall provide physical
access to their facilities pursuant to this subsection (1)(a). The office may only access a state -
licensed residential child care facility or a facility in coordination with the facility directors:
(I) In response to a request from a child or youth residing in the state -licensed residential
child care facility or facility;
(II) In response to a request from a child's or youth's family member, caregiver, or other
concerned individual; or
(III) To distribute materials pursuant to subsection (2)(a) of this section.
(b) A state-licensed residential child care facility or facility shall not deny the office access to
the state -licensed residential child care facility or facility to carry out the office's duties as
described in this section or section 19-3.3-103.
(c) Dependent upon available resources and at the discretion of the ombudsman, the office
may meet with the child or youth via a confidential, virtual meeting.
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(d) Upon a child's or youth's request, the state -licensed residential child care facility or
facility shall provide a private and confidential space for the child or youth to meet with the
ombudsman, an office employee, or a person acting on behalf of the ombudsman.
(e) The ombudsman, an employee of the office, or a person acting on behalf of the
ombudsman is subject to the protocol and policies of each state -licensed residential child care
facility and facility.
(2) (a) The office shall create and distribute outreach materials to state -licensed residential
child care facilities and facilities. The materials must contain information on how to access the
office, the office's services, and how to file a complaint with the office.
(b) Each state -licensed residential child care facility and facility shall display the materials
described in subsection (2)(a) of this section in a location visible to children or youth receiving
services from the residential child care facility or facility.
(c) The office shall supply the materials described in subsection (2)(a) of this section at the
office's expense. The office shall provide updates on outreach efforts in its annual report
described in section 19-3.3-108.
(d) The office shall coordinate with each state -licensed residential child care facility and
facility to provide in-person educational courses to children and youth residing in the facilities on
how to access the office, the office's services, and how to file a complaint with the office.
(3) The office and each state -licensed residential child care facility or facility shall operate
pursuant to a memorandum of understanding between the office and each residential child care
facility or facility. The memorandum of understanding must, at a minimum, require that:
(a) The office provides each state -licensed residential child care facility or facility with
notice of a child's or youth's request to visit with the ombudsman within forty -eight business
hours after receiving the request;
(b) The state -licensed residential child care facility or facility provides the ombudsman
access to a facility and a private, confidential space to meet with a child or youth within five
business days after the office receives the child's or youth's request to meet;
(c) The office provides the state -licensed residential child care facility or facility with notice
at least five business days before the office would like to enter the state-licensed residential child
care facility or facility to distribute materials pursuant to subsection (2)(a) of this section;
(d) The state -licensed residential child care facility or facility provides the office with proof
that the materials described in subsection (2)(a) of this section are displayed in a location visible
to children or youth as required pursuant to this section; and
(e) Certain processes occur to provide a child or youth a confidential, virtual meeting to meet
with the ombudsman, an employee of the office, or a person acting on behalf of the office.
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(4) This section does not grant the office authority to conduct activities described in part 9 of
article 6 of title 26.
Source: L. 2025: Entire section added, (HB 25 -1200), ch. 270, p. 1394, § 5, effective August
6.
ARTICLE 3.5
Colorado Child Abuse Prevention Trust Fund Act
19-3.5-101 to 19-3.5-107. (Repealed)
Source: L. 2022: Entire article repealed, (HB 22 -1295), ch. 123, p. 870, § 135, effective July
1.
Editor's note: (1) This article 3.5 was added in 1989. For amendments to this article 3.5 prior
to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory
research explanatory note beginning on page vii in the front of this volume. This article 3.5 was
relocated to part 2 of article 3 of title 26.5. Former C.R.S. section numbers are shown in editor's
notes following those sections that were relocated. For a detailed comparison of this article 3.5,
see the comparative tables located in the back of the index.
(2) Section 19 -3.5-103 (1) was amended in SB 22 -162. Those amendments were superseded
by the repeal of this article 3.5 in HB 22-1295.
ARTICLE 4
Uniform Parentage Act
19-4-101. Short title.
19-4-102. Parent and child relationship
defined.
19-4-102.5. Terms defined.
19-4-103. Relationship not dependent
on marriage.
19-4-104. How parent and child
relationship established.
19-4-105. Presumption of paternity.
19-4-105.5. Commencement of
proceedings - summons -
automatic temporary
injunction - enforcement.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-4-105.6. Amendment of proceedings -
adding children.
19-4-105.7. Stay of paternity proceedings
- criminal charges of
allegations of sexual
assault. (Repealed)
19-4-106. Assisted reproductive
procedures.
19-4-107. Determination of father and
child relationship - who
may bring action - when
action may be brought.
19-4-107.3. When determination of
parentage is final -
modifications -
exceptions.
19-4-107.5. Required notice of prior civil
protection orders to
prevent domestic abuse -
determination of parent
and child relationship.
19-4-108. Statute of limitations.
19-4-109. Jurisdiction - venue.
19-4-110. Parties.
19-4-111. Pretrial proceedings.
19-4-112. Genetic or other tests -
administrative subpoena
to compel genetic testing.
19-4-113. Evidence relating to
paternity.
19-4-114. Pretrial recommendations -
temporary orders.
19-4-115. Civil action.
19-4-116. Judgment or order - birth-
related costs - evidence.
19-4-117. Costs.
19-4-118. Enforcement of judgment or
order.
19-4-119. Modification of judgment or
order.
19-4-120. Represented by counsel.
19-4-121. Hearings and records -
confidentiality.
(Repealed)
19-4-122. Action to declare mother and
child relationship.
19-4-123. Promise to render support.
19-4-124. Birth records.
19-4-125. "Father" defined.
19-4-126. Uniformity of application and
construction.
19-4-127. Severability.
19-4-128. Right to trial to court.
19-4-129. Child support - guidelines -
schedule of basic support
obligations.
19-4-130. Temporary orders for
allocation of parental
responsibilities.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-4-101. Short title.
This article shall be known and may be cited as the "Uniform Parentage Act".
Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1.
Editor's note: 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 -6-101 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For comment,
"Bastardizing the Legitimate Child: The
Colorado Supreme Court Invalidates the
Uniform Parentage Act Presumption of
Legitimacy in R.McG. v. J.W.", see 59 Den.
L.J. 157 (1981).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
One basic purpose of this article is the
establishment of the parent -child
relationship, and another is the protection of
that relationship. R. McG. v. J.W., 200 Colo.
345, 615 P.2d 666 (1980).
No provision for father not married to
married natural mother to establish
paternity. This article makes no provision
for a male claiming to be the natural father
of a child to bring an action to establish his
paternity under circumstances where he was
not married to the natural mother and the
child was born to the natural mother during
her marriage to another. R. McG. v. J.W.,
200 Colo. 345, 615 P.2d 666 (1980).
And denial of standing
unconstitutional. The juvenile court's
construction of this article denying a
claiming natural father not married to the
natural mother statutory capacity or standing
to commence a paternity action in
connection with a child born to the natural
mother during her marriage to another in
order to establish that he was the natural
father of the child violated equal protection
of the laws under the fourteenth amendment
to the United States constitution, § 25 of art.
II, Colo. Const., and the equal rights
amendment to the Colorado constitution, §
29 of art. II, Colo. Const. R. McG. v. J.W.,
200 Colo. 345, 615 P.2d 666 (1980).
Test for in personam jurisdiction over
child. The test to be applied in determining
whether a court has in personam jurisdiction
over a child in a paternity action is whether
the child has certain minimum contacts so
that "the maintenance of the suit does not
offend traditional notions of fair play and
substantial justice". Smith v. Casey, 198
Colo. 433, 601 P.2d 632 (1979).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-4-102. Parent and child relationship defined.
As used in this article, "parent and child relationship" means the legal relationship existing
between a child and his natural or adoptive parents incident to which the law confers or imposes
rights, privileges, duties, and obligations. "Parent and child relationship" includes the mother and
child relationship and the father and child relationship.
Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1.
Editor's note: 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 -6-102 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For comment,
"Bastardizing the Legitimate Child: The
Colorado Supreme Court Invalidates the
Uniform Parentage Act Presumption of
Legitimacy in R. McG. v. J.W.", see 59 Den.
L.J. 157 (1981). For comment, "The Unwed
Father's Parental Rights and Obligations
After S.P.B.: A Retreat in Constitutional
Protection", see 60 Den. L.J. 659 (1983).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
One basic purpose of this article is the
establishment of the parent -child
relationship, and another is the protection of
that relationship. R. McG. v. J.W., 200 Colo.
345, 615 P.2d 666 (1980).
The definition of a "parent and child
relationship" applies to a parent and
child relationship once it has been
declared and clarifies that it is the legal
equivalent of the traditional relationships
recognized between children and their
adoptive or natural parents. A presumed
father's admission that he is not the
biological parent does not necessarily rebut
the presumption of fatherhood that arises by
receiving the child into his home and openly
holding that child out as his natural child
when no judgment has been entered that
establishes the paternity of another man. In
re A.D., 240 P.3d 488 (Colo. App. 2010).
Applied in People in Interest of S.P.B.,
651 P.2d 1213 (Colo. 1982).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-4-102.5. Terms defined.
(1) Any reference in the statutes, administrative rules, court rules, government policies,
common law, and any other provision or source of law in this state to an "acknowledgment of
paternity" means an "acknowledgment of parentage", as described in this section.
(2) Unless the context otherwise requires, any reference in this title 19 to "father" includes a
parent of any gender, any reference to "mother" includes a parent of any gender, and any
reference to "paternity" is equally applicable to "parentage".
(3) Unless the context otherwise requires, as used in this title 19, "natural parent" means a
nonadoptive parent established pursuant to this article 4, whether or not biologically related to
the child.
(4) Any reference in the statutes, administrative rules, court rules, government policies,
common law, and any other provision or source of law in this state to "spouse", "husband", or
"wife", or to the plurals of such terms, are equally applicable to a civil union partner. Any
reference to "marriage", "marital union", "marital status", "married", "unmarried", "wedlock", or
any similar term is equally applicable to the status of being in a civil union or not in a civil
union.
Source: L. 2022: Entire section added, (HB 22 -1153), ch. 210, p. 1389, § 3, effective August
10.
ANNOTATION
Psychological mother's actions were not
sufficient to put the juvenile court on
notice that she sought to be recognized as
the child's "natural parent" because the
psychological mother did not object to
statements made in the juvenile court
proceedings that alluded to the biological
mother as being the child's natural mother;
did not object to the department's amended
petition, which recognized the biological
mother as the child's parent and the
psychological mother as the child's
custodian; and did not raise a question of
maternity until her motion to reconsider the
juvenile court's dismissal order. People in
Interest of C.D.P., 2023 COA 90, 541 P.3d
43.
19-4-103. Relationship not dependent on marriage.
The parent and child relationship extends equally to every child and to every parent, regardless
of the marital status of the parents.
Colorado Revised Statutes 2026
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Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1.
Editor's note: 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 -6-103 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For comment,
"Bastardizing the Legitimate Child: The
Colorado Supreme Court Invalidates the
Uniform Parentage Act Presumption of
Legitimacy in R. McG. v. J.W.", see 59 Den.
L.J. 157 (1981). For comment, "The Unwed
Father's Parental Rights and Obligations
After S.P.B.: A Retreat in Constitutional
Protection", see 60 Den. L.J. 659 (1983).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
One basic purpose of this article is the
establishment of the parent -child
relationship, and another is the protection of
that relationship. R. McG. v. J.W., 200 Colo.
345, 615 P.2d 666 (1980).
Applied in People in Interest of S.P.B.,
651 P.2d 1213 (Colo. 1982).
19-4-104. How parent and child relationship established.
The parent and child relationship may be established between a child and the natural mother
by proof of her having given birth to the child or by any other proof specified in this article,
between a child and the natural father pursuant to the provisions of this article, or between a
child and an adoptive parent by proof of adoption.
Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1.
Editor's note: 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 -6-104 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-755-
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
One basic purpose of this article is the
establishment of the parent -child
relationship, and another is the protection of
that relationship. R. McG. v. J.W., 200 Colo.
345, 615 P.2d 666 (1980).
Section authorizes establishment of
paternal relationship between a child and
its natural father and recognizes the right
of putative fathers to bring an action to
establish paternity under the applicable
provisions of this article. R. McG. v. J.W.,
200 Colo. 345, 615 P.2d 666 (1980).
No provision for father not married to
married natural mother to establish
paternity. This article makes no provision
for a male claiming to be the natural father
of a child to bring an action to establish his
paternity under circumstances where he was
not married to the natural mother and the
child was born to the natural mother during
her marriage to another. R. McG. v. J.W.,
200 Colo. 345, 615 P.2d 666 (1980).
19-4-105. Presumption of paternity.
(1) A person is presumed to be the natural parent of a child if:
(a) The person and the parent who gave birth to the child are or have been married to each
other or are in a civil union pursuant to article 15 of title 14, and the child is born during the
marriage or civil union, within three hundred days after the marriage or civil union is terminated
by death, annulment, declaration of invalidity of marriage or civil union, dissolution of marriage
or civil union, or divorce, or after a decree of legal separation is entered by a court;
(b) Before the child's birth, the person and the parent who gave birth to the child have
attempted to marry each other by a marriage solemnized in apparent compliance with law or
attempted to enter into a civil union in apparent compliance with law, although the attempted
marriage or civil union is or could be declared invalid, and:
(I) If the attempted marriage or civil union could be declared invalid only by a court, the
child is born during the attempted marriage or civil union or within three hundred days after its
termination by death, annulment, declaration of invalidity of marriage or civil union, dissolution
of marriage or civil union, or divorce; or
(II) If the attempted marriage or civil union is invalid without a court order, the child is born
within three hundred days after the termination of cohabitation;
(c) After the child's birth, the person and the parent who gave birth to the child have married
or entered into a civil union, or attempted to marry each other by a marriage solemnized in
apparent compliance with law or enter into a civil union in apparent compliance with law,
although the attempted marriage or civil union is or could be declared invalid, and:
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(I) The person has asserted parentage of the child in writing filed with the court or registrar
of vital statistics, if such acknowledgment has not previously become a legal finding pursuant to
subsection (2)(a.5) of this section;
(II) With the person's consent, the person is named as the child's parent on the child's birth
certificate; or
(III) The person is obligated to support the child under a written voluntary promise or by
court order or by an administrative order issued pursuant to section 26-13.5-110;
(d) While the child is under the age of majority, the person receives the child into the
person's home and openly holds out the child as the person's natural child;
(e) (Deleted by amendment, L. 2022.)
(f) The genetic tests or other tests of inherited characteristics have been administered
pursuant to section 13 -25-126, and the results show that the alleged genetic parent is not
excluded as the probable genetic parent and that the probability of the person's genetic parentage
is ninety-seven percent or higher. This subsection (1)(f) does not apply to a donor as defined in
section 19-1-103.
(2) (a) A presumption of parentage pursuant to subsection (1) of this section may be rebutted
in an appropriate action only by clear and convincing evidence. If two or more conflicting
presumptions arise, the presumption that, on the facts, is founded on the weightier considerations
of policy and logic controls. The presumption is rebutted by a court decree establishing parentage
of the child by another person other than the parent who gave birth. In determining which of two
or more conflicting presumptions controls, based upon the weightier considerations of policy and
logic, the judge or magistrate shall consider all pertinent factors, including but not limited to the
following:
(I) The length of time between the proceeding to determine parentage and the time that the
presumed parent was placed on notice that the presumed parent might not be the genetic parent,
unless the child was conceived through an assisted reproductive procedure;
(II) The length of time during which the presumed parent has assumed the role of the child's
parent;
(III) The facts surrounding the presumed parent's discovery of the possibility that the
presumed parent was not a genetic parent, unless the child was conceived through an assisted
reproductive procedure;
(IV) The nature of the existing parent-child relationship;
(V) The child's age;
(VI) The child's relationship to any presumed parent or parents;
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(VII) The extent to which the passage of time reduces the chances of establishing another
person's parentage and a child support obligation in favor of the child; and
(VIII) Any other factors that may affect the equities arising from the disruption of the parent-
child relationship between the child and the presumed parent or parents or the chance of other
harm to the child.
(a.5) (I) A person and the parent who gave birth to the child may sign a voluntary
acknowledgment of parentage to establish the parentage of the child. A voluntary
acknowledgment of parentage may be signed by a parent who gave birth to the child and either:
(A) Another person who is or believes themselves to be a genetic parent; or
(B) Another person who is an intended parent of a child conceived through an assisted
reproductive procedure.
(II) A married person or person in a civil union who gives birth to a child may only sign a
voluntary acknowledgment of parentage with a person who is not the married person's spouse or
civil union partner if the spouse or civil union partner signs a denial of parentage.
(b) A duly executed voluntary acknowledgment of parentage takes effect upon the filing of
the document with the state registrar of vital statistics and may be rescinded within the earlier of:
(I) Sixty days after execution of such acknowledgment; or
(II) On the date of any administrative or judicial proceeding pursuant to this article or any
administrative or judicial proceeding concerning the support of a child to which the signatory is a
party.
(c) An acknowledgment of parentage may be challenged in court only on the basis of fraud,
duress, or mistake of material fact, with the burden of proof upon the challenger. Any legal
responsibilities resulting from signing an acknowledgment of parentage, including child support
obligations, continue during any challenge to the finding of parentage, except for good cause
shown.
(d) Except as otherwise provided in subsections (2)(b) and (2)(c) of this section, a voluntary
acknowledgment of parentage that complies with this section and section 25 -2-112, and is filed
with the state registrar of vital statistics, is equivalent to an adjudication of parentage of the child
and confers on the acknowledged parent all rights and duties of a parent. The court shall give full
faith and credit to a voluntary acknowledgment of parentage that is effective in another state,
including a federally recognized Indian tribe, if the acknowledgment was in a signed record and
otherwise complies with the laws of the other state or federally recognized Indian tribe.
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Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1. L. 89: (1)(c)(III) amended,
p. 1247, § 3, effective April 1. L. 91: (1)(f) amended, p. 253, § 10, effective July 1. L. 97:
(1)(c)(I), (1)(e), and (2) amended, p. 1274, § 13, effective July 1. L. 2003: (2)(a) amended, p.
1268, § 59, effective July 1. L. 2008: (2)(c) amended, p. 1656, § 2, effective August 15. L. 2022:
Entire section amended, (HB 22 -1153), ch. 210, p. 1389, § 4, effective August 10. L. 2023:
IP(2)(b) amended, (SB 23 -173), ch. 330, p. 1982, § 22, effective June 2. L. 2024: (1)(f)
amended, (HB 24-1450), ch. 490, p. 3412, § 28, effective August 7.
Editor's note: 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 -6-105 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 1997 act amending
subsections (1)(c)(I), (1)(e), and (2), see section 1 of chapter 236, Session Laws of Colorado
1997.
ANNOTATION
Law reviews. For comment,
"Bastardizing the Legitimate Child: The
Colorado Supreme Court Invalidates the
Uniform Parentage Act Presumption of
Legitimacy in R. McG. v. J.W.", see 59 Den.
L.J. 157 (1981). For article, "Legislative
Update", see 12 Colo. Law. 1257 (1983).
For article, "Legal Protection of Children in
Nontraditional Families", see 29 Colo. Law.
79 (Nov. 2000). For article, "Securing the
Nonparent's Place in a Child's Life Through
Adoption and Adoption Alternatives", see 37
Colo. Law. 27 (Oct. 2008). For article,
"Colorado Civil Union Act", see 42 Colo.
Law. 91 (July 2013).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Section 19 -6-104 authorizes
establishment of paternal relationship
between child and its natural father and
recognizes the right of putative fathers to
bring an action to establish paternity under
the applicable provisions of this article. R.
McG. v. J.W., 200 Colo. 345, 615 P.2d 666
(1980).
No provision for father not married to
married natural mother to establish
paternity. This article makes no provision
for a male claiming to be the natural father
of a child to bring an action to establish his
paternity under circumstances where he was
not married to the natural mother and the
child was born to the natural mother during
her marriage to another. R. McG. v. J.W.,
200 Colo. 345, 615 P.2d 666 (1980).
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And denial of standing
unconstitutional. The juvenile court's
construction of this article denying a
claiming natural father not married to the
natural mother statutory capacity or standing
to commence a paternity action in
connection with a child born to the natural
mother during her marriage to another in
order to establish that he was the natural
father of the child violated equal protection
of the laws under the fourteenth amendment
to the United States constitution, § 25 of art.
II, Colo. Const., and the equal rights
amendment to the Colorado constitution, §
29 of art. II, Colo. Const. R. McG. v. J.W.,
200 Colo. 345, 615 P.2d 666 (1980).
Presumed father under subsection
(1)(d). When man received child into his
home and openly held out the child as his
natural child, he is presumed to be the
father, and it is an error for court to dismiss
in summary judgment proceedings. D.S.P. v.
R.L.K., 677 P.2d 959 (Colo. App. 1983).
A juvenile court has subject matter
jurisdiction to enter a judgment of
paternity in a dependency or neglect case.
The court has exclusive original jurisdiction
in both dependency or neglect proceedings
and proceedings to determine the parentage
of a child. People in Interest of N.S., 2017
COA 8, 413 P.3d 172; People in Interest of
D.C.C., 2018 COA 98, 486 P.3d 1183.
When a paternity issue arises, the juvenile
court must follow the procedures outlined in
the state's version of the Uniform Parentage
Act. People in Interest of N.S., 2017 COA 8,
413 P.3d 172.
The Uniform Parentage Act requires
the juvenile court to determine which
parentage presumption should control
and therefore does not allow a court to
recognize more than two legal parents for a
child. People in Interest of K.L.W., 2021
COA 56, 492 P.3d 392.
Court properly considered the children's
best interests in making its determination
that the biological father be named as the
legal parent. People in Interest of K.L.W.,
2021 COA 56, 492 P.3d 392.
Nothing in the statutory provisions,
whether read separately or together,
provides that an admission by a man
seeking parental rights that he is not the
child's biological father conclusively
rebuts the presumption under this
section. A presumed father's admission that
he is not the biological parent does not
necessarily rebut the presumption of
fatherhood that arises by receiving the child
into his home and openly holding that child
out as his natural child when no judgment
has been entered that establishes the
paternity of another man. In re A.D., 240
P.3d 488 (Colo. App. 2010).
Nor does a presumed father's admission
that he is not the child's biological father
rebut the presumption of fatherhood arising
out of his identification as the child's father
on a birth certificate. People in Interest of
J.G.C., 2013 COA 171, 318 P.3d 576.
Presumption is procedural, and
retroactive application is proper where
action commenced prior to enactment of this
section. People in Interest of R.F.A., 744
P.2d 1202 (Colo. App. 1987).
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Any presumption of paternity
established under this section may be
rebutted in an appropriate action by clear
and convincing evidence or by a court
decree establishing paternity of the child by
another man. People in Interest of R.T.L.,
780 P.2d 508 (Colo. 1989).
When presumptions of paternity arise
in more than one potential father, trial
courts must take the best interests of the
child into account as part of policy and
logic in resolving competing
presumptions. N.A.H. v. S.L.S., 9 P.3d 354
(Colo. 2000); In re Ohr, 97 P.3d 354 (Colo.
App. 2004).
The court should consider all the facts and
circumstances of the case that bear directly
on the child's best interests when competing
presumptions of paternity arise. N.A.H. v.
S.L.S., 9 P.3d 354 (Colo. 2000); People in
Interest of K.L.W., 2021 COA 56, 492 P.3d
392.
The evidentiary standard for
determining the weightier considerations
of policy and logic is preponderance of
the evidence. Once competing presumptions
of fatherhood have been established that
have not been rebutted by clear and
convincing evidence, the court must resolve
the issue of paternity by considering the best
interests of the child and determining the
weightier issues of policy and logic by
applying a preponderance of the evidence
standard. People ex rel. C.L.S., 313 P.3d 662
(Colo. App. 2011).
Presumption not overcome when
defendant in personal injury action failed to
introduce any evidence that plaintiff's
decedent was not plaintiff's father, other than
the fact that plaintiff's mother was still
legally married to someone else. Trial court,
therefore, properly directed verdict in favor
of plaintiff on the issue of paternity.
Lawrence v. Taylor, 8 P.3d 607 (Colo. App.
2000).
It is clear from subsection (1)(a) of this
section and § 19 -4-107 (1)(b) that a man
presumed to be a child's father by reason of
his marriage to the child's mother at the time
of conception is precluded from initiating an
action to declare the nonexistence of the
presumed father and child relationship after
the child reaches the age of five. People in
Interest of R.T.L., 780 P.2d 508 (Colo.
1989).
In cases in which paternity is disputed,
whether in a proceeding under this article
or article 6, paternity must be determined
according to the procedures outlined under
this article before the legal obligation for
support can be imposed. People in Interest
of R.T.L., 780 P.2d 508 (Colo. 1989).
An interpretation of § 19 -4-107 (1)(b)
that would deny the right of a
presumptive father to defend against a
child support action by asserting the
nonexistence of a father and child
relationship runs counter to principles of
statutory construction and would produce
results not consistent with the welfare of the
affected children and the best interests of
society. In a child support action under
article 6 of this title, the defense of
nonpaternity may be asserted by a man
presumed to be the father pursua nt to
subsection (1)(a) of this section
notwithstanding that the man would have
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been precluded by § 19 -4-107 (1)(b) from
bringing an action under this article to
declare the nonexistence of the father and
child relationship because of the passage of
time. People in Interest of R.T.L., 780 P.2d
508 (Colo. 1989).
Applicability of doctrine of res
judicata. Failure to raise the defense of
nonpaternity during dissolution proceedings
bars a presumed father from collaterally
attacking the determination of paternity
implicitly supporting award of child support
incident to such dissolution proceedings
brought under URESA. State ex rel. Daniels
v. Daniels, 817 P.2d 632 (Colo. App. 1991).
A challenge to a paternity judgment on
the basis of mistake of material fact,
pursuant to subsection (2)(c), must be
brought within the six -month time limit of
C.R.C.P. 60(b). People ex rel. J.A.U. v.
R.L.C., 47 P.3d 327 (Colo. 2002).
For evidence sufficient to show
nonaccess, see M.W. and A.W. v. D.G., 710
P.2d 1174 (Colo. App. 1985).
Provisions of section extended to
maternity determinations when read
together with §§ 19 -4-122 and 19 -4-125. In
re S.N.V ., 284 P.3d 147 (Colo. App. 2011).
Woman may gain the status of a child's
natural mother even if she has no
biological tie to the child just as a father
may establish such status through other
proof. Therefore trial court erred in
concluding that birth mother's claim
automatically prevailed over that of father's
wife. In re S.N.V ., 284 P.3d 147 (Colo. App.
2011).
Under the "holding out" provision and
in the context of a same -sex relationship,
a child may have two legal mothers. A
woman may assert a maternity claim under
this section as the child's presumptive
mother even if the child has a legal
biological mother. In re Parental
Responsibilities of A.R.L., 2013 COA 170,
318 P.3d 581.
Applied in Jefferson County Dept. of
Soc. Servs. v. D.A.G., 199 Colo. 315, 607
P.2d 1004 (1980); B.G. v. S.G., 199 Colo.
403, 609 P.2d 121 (1980); K.H.R. by and
through D.S.J. v. R.L.S., 807 P.2d 1201
(Colo. App. 1990).
19-4-105.5. Commencement of proceedings - summons - automatic temporary
injunction - enforcement.
(1) All proceedings under this article shall be commenced in the manner provided by the
Colorado rules of civil procedure or as otherwise provided in this section or section 26 -13.5-104,
C.R.S.
(2) Upon commencement of a proceeding under this article by one of the parties, the other
parties shall be served in the manner set forth in section 19 -4-109 (2), the Colorado rules of civil
procedure, or as otherwise provided in section 26-13.5-104, C.R.S.
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Title 19 - Children's Code
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(2.5) Upon the commencement of a proceeding under this article, each party shall provide to
the court, in the manner prescribed by the court, his or her social security number and the social
security number of each child who is the subject of the proceeding under this article.
(3) Proceedings under this article may be commenced prior to the birth of a child.
(4) If a petition is filed by an alleged father or possible father pursuant to the requirements of
section 19 -5-103.7, the licensed child placement agency involved shall receive notice of the
action in the same manner as a party to the action.
(5) A summons issued upon commencement of a proceeding under this article shall contain
the following advisements and notice:
(a) That a request for genetic tests shall not prejudice the requesting party in matters
concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), C.R.S.;
(b) That, if genetic tests are not obtained prior to a legal establishment of paternity and
submitted into evidence prior to the entry of the final order establishing paternity, the genetic
tests may not be allowed into evidence at a later date; and
(c) (I) That, except in proceedings initiated pursuant to section 14-10-124.4 or in proceedings
initiated by a delegate child support enforcement unit, as defined in section 26 -13-102.5 (1),
pursuant to article 13 or 13.5 of title 26, or article 5 of title 14, upon personal service of the
petition and summons on a respondent or upon waiver and acceptance of service by a
respondent, a temporary injunction shall be in effect against both parties:
(A) Enjoining each party from molesting or disturbing the peace of the other party;
(B) Restraining each party from removing a minor child who is the subject of a proceeding
under this article from the state without the consent of all other parties or an order of the court
modifying the injunction; and
(C) Restraining each party, without at least fourteen days' advance notification and the
written consent of all other parties or an order of the court modifying the injunction, from
canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, a policy of
health insurance or life insurance that provides coverage to a minor child who is the subject of
the proceeding or that names the minor child as a beneficiary of a policy.
(II) The temporary injunction shall be in effect upon personal service of the petition and
summons on a respondent or upon waiver and acceptance of service by a respondent and shall
remain in effect for one hundred twenty days after its effective date unless all parties consent to a
modification of the temporary injunction. The court may, upon the motion of a party or upon its
own motion, modify the length of time the temporary injunction is in effect to a shorter or longer
period of time as the court deems appropriate.
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(6) The provisions of the temporary injunction described in subsection (5) of this section
shall be printed on the summons and the petition. A party may apply to the court for further
temporary orders, an expanded temporary injunction, or modification or revocation of the
temporary injunction.
(7) For purposes of enforcing the automatic temporary injunction described in paragraph (c)
of subsection (5) of this section, if a respondent shows a duly authorized peace officer, as
described in section 16 -2.5-101, C.R.S., a copy of the petition and summons filed and issued
pursuant to this section, or if a petitioner shows the peace officer a copy of the petition and
summons filed and issued pursuant to this section together with a certified copy of the affidavit
of service of process or a certified copy of the waiver and acceptance of service, and the peace
officer has cause to believe that a violation of the part of the automatic temporary injunction that
enjoins a party from molesting or disturbing the peace of the other party has occurred, the peace
officer shall use every reasonable means to enforce that part of the injunction against the
petitioner or respondent, as applicable. A peace officer shall not be held civilly or criminally
liable for his or her actions pursuant to this subsection (7) if the peace officer acts in good faith
and without malice.
Source: L. 94: Entire section added, p. 1541, § 13, effective May 31. L. 96: Entire section
amended, p. 612, § 13, effective July 1. L. 2005: (3) and (4) added, p. 102, § 3, effective July 1;
(5) added, p. 378, § 3, effective January 1, 2006. L. 2006: (5)(b) amended, p. 516, § 2, effective
August 7. L. 2010: (5) amended and (6) and (7) added, (HB 10 -1097), ch. 39, p. 158, § 1,
effective August 15. L. 2011: (2.5) added, (SB 11-123), ch. 46, p. 119, § 5, effective August 10.
L. 2023: IP(5)(c)(I) amended, (HB 23-1026), ch. 243, p. 1307, § 7, effective August 7.
Cross references: For the short title ("Grandparents' Rights for Aaliyah and Myah Act") in HB
23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.
ANNOTATION
Although a paternity case may be
commenced prior to a child's birth
pursuant to this act, the act has no
provisions authorizing a court to make a
custody determination or an allocation of
parental responsibilities concerning an
unborn child. The necessary home state
determination must be made after the child's
birth. People in Interest of G.C.M.M., 2020
COA 152, 477 P.3d 792.
Provision in subsection (5)(c)(I)(B)
restraining the removal of a child from
the state does not apply to an unborn
child. There is no provision in the Colorado
Children's Code restricting movement of a
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pregnant woman. People in Interest of G.C.M.M., 2020 COA 152, 477 P.3d 792.
19-4-105.6. Amendment of proceedings - adding children.
(1) In any existing case commenced under this article, if it is alleged that another child has
been conceived of the parents named in the existing case, that child shall be added to the existing
case if at least one of the presumptions of paternity specified in section 19 -4-105 applies for the
purpose of establishing paternity and child support. The caption shall be amended to include the
added child.
(2) The party amending the petition pursuant to subsection (1) of this section shall serve the
amended petition with the new caption upon the other parties in the manner set forth in section
19-4-109 (2), the Colorado rules of civil procedure, or as otherwise provided in section 26 -13.5-
104, C.R.S.
(2.5) The party amending the petition pursuant to subsection (1) of this section shall provide
to the court, in the manner prescribed by the court, the social security number of the added child.
(3) Proceedings under this article may be amended prior to the birth of the child to be added
to the proceedings.
(4) If a petition is amended pursuant to the requirements of section 19 -5-103.7, the licensed
child placement agency involved shall receive notice of the action in the same manner as a party
to the action.
(5) A summons issued upon the amendment of a proceeding under this article shall contain
the advisements set forth in section 19-4-105.5 (5).
(6) Notwithstanding the provisions of subsection (1) of this section, in any case where there
exists more than one alleged or presumed father for a child pursuant to section 19 -4-105, a new
case shall be commenced for that child to determine the child's paternity, establish child support,
and address any other related issues. If it is determined that the child is the child of parents
named in an existing case, the cases shall be consolidated into the initial action pursuant to rule
42 of the Colorado rules of civil procedure.
Source: L. 2008: Entire section added, p. 1348, § 3, effective January 1, 2009. L. 2011: (2.5)
added, (SB 11-123), ch. 46, p. 120, § 6, effective August 10.
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19-4-105.7. Stay of paternity proceedings - criminal charges of allegations of sexual
assault. (Repealed)
Source: L. 2013: Entire section added, (SB 13-227), ch. 353, p. 2060, § 5, effective July 1. L.
2014: Entire section repealed, (HB 14-1162), ch. 167, p. 587, § 3, effective July 1.
19-4-106. Assisted reproductive procedures.
(1) If, with the consent of another intended parent, an intended parent consents to become
pregnant through an assisted reproductive procedure, the intended parent who does not give birth
is treated in law as the natural parent of the child conceived. The consent of both the intended
parent who will give birth and the other intended parent must be in writing and signed by each
such party, except as provided in subsection (5) of this section. This subsection (1) does not
apply to a child conceived pursuant to a surrogacy agreement pursuant to article 4.5 of this title
19.
(2) A donor is not a parent of a child conceived by means of an assisted reproductive
procedure.
(3) and (4) (Deleted by amendment, L. 2022.)
(5) Failure of the intended parent to sign a consent required by subsection (1) of this section
before or after the birth of the child does not preclude a finding that the intended parent is the
parent if the court finds by clear and convincing evidence that, prior to the conception of the
child, the parent who gave birth and the intended parent had an oral agreement that both would
be parents of the child and that the child was conceived through an assisted reproductive
procedure.
(6) (Deleted by amendment, L. 2022.)
(6.5) Notwithstanding any other provision of law to the contrary, genetic tests may not be
ordered and are not admissible to establish a donor as a parent, to challenge the recognition of an
intended parent who consented to the assisted reproductive procedure as a parent, or to challenge
a voluntary acknowledgment of parentage that complies with section 19 -4-105 where the child
was conceived through an assisted reproductive procedure, except to resolve a dispute regarding
whether the child was conceived through an assisted reproductive procedure.
(7) (a) If a marriage or civil union is dissolved before placement of eggs, sperm, or embryos,
the former spouse or civil union partner is not a parent of the resulting child unless the former
spouse or civil union partner consented in a record that if the assisted reproductive procedure
were to occur after a dissolution of marriage or civil union, the former spouse or civil union
partner would be a parent of the child.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(b) The consent of a former spouse or civil union partner to assisted reproduction may be
withdrawn by that individual in a record given to the parent who agreed to give birth to a child
conceived by an assisted reproductive procedure at any time before placement of eggs, sperm, or
embryos.
(8) If a spouse or civil union partner dies before placement of eggs, sperm, or embryos, the
deceased spouse or civil union partner is not a parent of the resulting child unless the deceased
spouse or civil union partner consented in a record that if assisted reproduction were to occur
after death, the deceased spouse or civil union partner would be a parent of the child.
(9) This section does not apply to the birth of a child conceived by means of sexual
intercourse.
(10) For purposes of this section, "donor" is defined in section 19-1-103.
Source: L. 87: Entire title R&RE, p. 794, § 1, effective October 1. L. 94: (1) amended, p.
2737, § 366, effective July 1. L. 2003: Entire section amended, p. 1269, § 60, effective July 1. L.
2008: (1) amended, p. 128, § 9, effective January 1, 2009. L. 2021: (10) amended, (SB 21-059),
ch. 136, p. 734, § 82, effective October 1. L. 2022: Entire section amended, (HB 22 -1153), ch.
210, p. 1392, § 5, effective August 10. L. 2024: (2) amended, (HB 24-1450), ch. 490, p. 3412, §
29, effective August 7.
Editor's note: 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 -6-106 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For comment, "In the
Interest of R.C., Minor Child: The Colorado
Artificial Insemination by Donor Statute and
the Non-Traditional Family", see 67 Den. U.
L. Rev. 79 (1990). For article, "Assisted
Reproduction in Colorado: Legal Aspects
and Recent Legislation", see 33 Colo. Law.
77 (June 2004). For article, "Assisted
Reproduction and Colorado Law:
Unanswered Questions and Future
Challenges", see 35 Colo. Law. 39 (Nov.
2006). For article, "Frozen in Time:
Planning for the Posthumously Conceived
Child", see 37 Colo. Law. 45 (June 2008).
For article, "Disposition of Pre -Embryos
upon Dissolution of Marriage in Colorado",
see 50 Colo. Law. 40 (Feb. 2021).
In cases in which paternity is disputed,
whether in a proceeding under this article
or article 6, paternity must be determined
according to the procedures outlined under
this article before the legal obligation for
Colorado Revised Statutes 2026
Title 19 - Children's Code
-767-
support can be imposed. People in Interest
of R.T.L., 780 P.2d 508 (Colo. 1989).
An interpretation of § 19 -4-107 (1)(b)
that would deny the right of a
presumptive father to defend against a
child support action by asserting the
nonexistence of a father and child
relationship runs counter to principles of
statutory construction and would produce
results not consistent with the welfare of the
affected children and the best interests of
society. In a child support action under
article 6 of this title, the defense of
nonpaternity may be asserted by a man
presumed to be the father pursuant to
subsection (1)(a) of this section
notwithstanding that the man would have
been precluded by § 19 -4-107 (1)(b) from
bringing an action under this article to
declare the nonexistence of the father and
child relationship because of the passage of
time. People in Interest of R.T.L., 780 P.2d
508 (Colo. 1989).
The primary purpose of this section is
to provide a legal mechanism for married
and unmarried women to obtain a supply of
semen for use in artificial insemination and,
in the case of married recipients, to make
clear that legal rights and duties of
fatherhood are borne by the recipient's
husband rather than by the donor. In the
Interest of R.C., 775 P.2d 27 (Colo. 1989).
The provisions of this section do not
apply when the known semen donor and the
unmarried recipient agree that the known
donor would have parental rights and
expressly agree at the time of insemination
that the donor would be treated as the
natural father of any child so conceived. In
the Interest of R.C., 775 P.2d 27 (Colo.
1989).
Where issue of consent to artificial
insemination was adjudicated and
conclusively determined in dissolution of
marriage action, doctrine of collateral
estoppel bars relitigation of consent issue in
subsequent suit against physician who
performed procedure without plaintiff's
written consent. Hill v. Hulet, 881 P.2d 460
(Colo. App. 1994).
The consent referred to in subsection
(7)(b) refers to a former spouse's consent
to legal parenthood, not to their consent
to placement of a pre -embryo. In re
Rooks, 2018 CO 85, 429 P.3d 579.
19-4-107. Determination of father and child relationship - who may bring action - when
action may be brought.
(1) A child, his or her natural mother, or a man presumed to be his or her father pursuant to
section 19-4-105 (1)(a), (1)(b), or (1)(c) or the state, the state department of human services, or a
county department of human or social services, pursuant to article 13 or 13.5 of title 26 or article
5 of title 14 may bring an action:
(a) At any time for the purpose of declaring the existence of the father and child relationship
presumed under section 19-4-105 (1)(a), (1)(b), or (1)(c); or
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(b) For the purpose of declaring the nonexistence of the father and child relationship
presumed under section 19 -4-105 (1)(a), (1)(b), or (1)(c) only if the action is brought within a
reasonable time after obtaining knowledge of relevant facts but in no event later than five years
after the child's birth. After the presumption has been rebutted, paternity of the child by another
man may be determined in the same action, if he has been made a party.
(2) Any interested party, including the state, the state department of human services, or a
county department of human or social services, pursuant to article 13 or 13.5 of title 26 or article
5 of title 14 may bring an action at any time for the purpose of determining the existence or
nonexistence of the father and child relationship presumed pursuant to section 19 -4-105 (1)(d),
(1)(e), or (1)(f).
(3) An action to determine the existence of the father and child relationship with respect to a
child who has no presumed father pursuant to section 19 -4-105 may be brought by the state, the
state department of human services, a county department of human or social services, the child,
the mother or personal representative of the child, the personal representative or a parent of the
mother if the mother has died, a man alleged or alleging himself to be the father, or the personal
representative or a parent of the alleged father if the alleged father has died or is a minor.
(4) Regardless of its terms, an agreement, other than an agreement approved by the court in
accordance with section 19 -4-114 (2), between an alleged or presumed father and the mother or
child does not bar an action under this section.
Source: L. 87: Entire title R&RE, p. 794, § 1, effective October 1. L. 89: IP(1) and (2)
amended, p. 1247, § 4, effective April 1. L. 94: IP(1), (2), and (3) amended, p. 2687, § 209,
effective July 1. L. 2018: IP(1), (2), and (3) amended, (SB 18-092), ch. 38, p. 424, § 64, effective
August 8.
Editor's note: 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 -6-107 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-769-
Law reviews. For article, "A Lawyer's
Advice to the Unmarried Mother", see 31
Dicta 112 (1954). For article, "One Year
Review of Domestic Relations", see 41 Den.
L. Ctr. J. 97 (1964). For comment,
"Bastardizing the Legitimate Child: The
Colorado Supreme Court Invalidates the
Uniform Parentage Act Presumption of
Legitimacy in R. McG. v. J.W.", see 59 Den.
L.J. 157 (1981).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Purpose of article. The purpose of the
paternity article of the Colorado Children's
Code is to provide a means to establish
accurately the identity of the father of the
child so that the responsibility for support of
the child can be determined and support
ordered. People in Interest of Unborn Child
v. Estergard, 169 Colo. 445, 457 P.2d 698
(1969); People in Interest of L.B., 29 Colo.
App. 101, 482 P.2d 1010 (1970), aff'd, 179
Colo. 11, 498 P.2d 1157 (1972).
Different limitation periods for support
and paternity not violative of equal
protection. When a former statute provided
that no proceeding to establish paternity or
furnish support should be initiated after a
child was five years old unless the father had
acknowledged paternity in writing or by
furnishing support, whereas proceedings to
compel fathers of illegitimate children or
other legally responsible persons to support
a child might be filed any time before the
child's eighteenth birthday, there was no
violation of the equal protection clause. In re
People in Interest of L.B., 179 Colo. 11, 498
P.2d 1157 (1972).
Term "child" construed. To construe
"child" so as to exclude an unborn child
would permit the father of an unborn child
to evade his responsibility for support by
leaving the state at any time prior to the
birth of the child. People in Interest of
Unborn Child v. Estergard, 169 Colo. 445,
457 P.2d 698 (1969).
There was no ambiguity in the wording
of articles 6 and 7 of the Colorado
Children's Code. It was quite clear that
paternity and support issues were to be
determined under article 6 and article 7 was
to be used only for the determination of
support where paternity was not in dispute.
It was error for the court to have conducted
a paternity proceeding under the petition for
support proceedings of article 7. People in
Interest of L.B., 29 Colo. App. 101, 482 P.2d
1010 (1970), aff'd, 179 Colo. 11, 498 P.2d
1157 (1972); B.G. v. S.G., 199 Colo. 403,
609 P.2d 121 (1980).
The fact that a proceeding to determine
paternity was not brought within the time
permitted by former § 19 -6-101(2), does not
bar proceeding for support with respect to
children born in wedlock. In such a case, the
presumed father must be permitted to deny
an obligation to support the child by denying
paternity, and that issue must be resolved in
the support proceeding. B.G. v. S.G., 199
Colo. 403, 609 P.2d 121 (1980); People in
Interest of R.T.L., 756 P.2d 383 (Colo. App.
1987), aff'd, 780 P.2d 508 (Colo. 1989).
This article is the exclusive means of
adjudicating contested paternity. People
in Interest of A.A.T., 191 Colo. 494, 554
P.2d 302 (1976).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-770-
The issue of paternity may not be
adjudicated as an adjunct of support
proceedings. In re People in Interest of L.B.,
179 Colo. 11, 498 P.2d 1157 (1972).
Section 19 -6-104 authorizes
establishment of paternal relationship
between child and its natural father and
recognizes the right of putative fathers to
bring an action to establish paternity under
the applicable provisions of this article. R.
McG. v. J.W., 200 Colo. 345, 615 P.2d 666
(1980).
Right to paternity declaration not
conditioned upon marriage to presumed
father. Subsection (1)(b) does not condition
the natural mother's right to seek a
declaration of paternity in a nonspousal
father upon the failure of her existing
marriage to the presumed father, or the
presumed father's desertion or nonsupport; it
requires only that the natural mother's action
be commenced within five years after the
child's birth. R. McG. v. J.W., 200 Colo.
345, 615 P.2d 666 (1980).
Paternity determination precedes
support obligation. Before a duty to
support can be imposed, it must first be
established that the person upon whom the
support obligation is to be imposed is, in
truth, the father of the child. In re People in
Interest of D.R.B., 30 Colo. App. 603, 498
P.2d 1166 (1972), aff'd, 180 Colo. 439, 507
P.2d 468 (1973).
Presumption of legitimacy in seeking
support. A child born in wedlock who has
the benefit of the strong presumption of
legitimacy should reasonably be able to rely
on that presumption in seeking support
absent a judicial action by the presumed
father, challenging paternity. B.G. v. S.G.,
199 Colo. 403, 609 P.2d 121 (1980).
A showing of the child's neglect or
dependency is not a condition precedent
to a determination of paternity. People in
Interest of A.A.T., 191 Colo. 494, 554 P.2d
302 (1976).
People had standing to bring action.
Evidence showing that mother was receiving
assistance from county department of public
welfare for benefit of child was sufficient to
allow the people to have standing to bring
action to establish paternity. People in
Interest of A.A.T., 191 Colo. 494, 554 P.2d
302 (1976).
A man claiming to be a child's
biological father may commence an action
under the Uniform Parentage Act without
first having obtained genetic testing. In re
S.R.H., 981 P.2d 199 (Colo. App. 1998),
rev'd on other grounds sub nom. N.A.H. v.
S.L.S., 9 P.3d 354 (Colo. 2000).
No provision for father not married to
married natural mother to establish
paternity. This article makes no provision
for a male claiming to be the natural father
of a child to bring an action to establish his
paternity under circumstances where
claimant was not married to the natural
mother and the child was born to the natural
mother during her marriage to another. R.
McG. v. J.W., 200 Colo. 345, 615 P.2d 666
(1980).
And denial of standing
unconstitutional. The juvenile court's
construction of this article denying a
claiming natural father not married to the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-771-
natural mother statutory capacity or standing
to commence a paternity action in
connection with a child born to the natural
mother during her marriage to another in
order to establish that he was the natural
father of the child violated equal protection
of the laws under the fourteenth amendment
to the United States constitution, § 25 of art.
II, Colo. Const., and the equal rights
amendment to the Colorado constitution, §
29 of art. II, Colo. Const. R. McG. v. J.W.,
200 Colo. 345, 615 P.2d 666 (1980).
For case holding that under former law
child was not party to paternity action,
see People in Interest of R.D.S., 183 Colo.
89, 514 P.2d 772 (1973).
Burden of proof. Party bringing paternity
action has burden of proving by a
preponderance of the evidence that
defendant is the child's father. Because
sterility is a defense in the nature of
evidence, the burden rests upon the
proponent to establish it by a preponderance
of the evidence. C.K.A. v. M.S., 695 P.2d
785 (Colo. App. 1984).
As to time limitation under former
statute, see Martinez v. Lopez, 153 Colo.
425, 386 P.2d 595 (1963); Rios v. People in
Interest of Martinez, 154 Colo. 88, 388 P.2d
402 (1964); In re People in Interest of L.B.,
179 Colo. 11, 498 P.2d 1157 (1972).
Where a paternity suit has not been
maintained by or on behalf of the child as
required by this section and § 19 -6-110, the
trial court's dismissal of the action as barred
by the former statute of limitations, which
was in effect at the time of the child's birth,
is proper. Jefferson County Dept. of Soc.
Servs. v. D.A.G., 199 Colo. 315, 607 P.2d
1004 (1980).
Limitation periods. Since plaintiff was
presumed to be the natural father under §
19-6-105 (1)(d), he is an interested party and
may bring suit pursuant to subsection (2) at
any time for the purpose of determining the
existence of the father and child relationship
and is not limited by the five -year period in
subsection (1)(b). D.S.P. v. R.L.K., 677 P.2d
959 (Colo. App. 1983).
Limitation of former statute not
applicable to support proceeding.
Although a paternity proceeding was barred
because not brought in time, an action could
still be maintained under another statute for
failure to support the illegitimate child.
Wamsley v. People, 64 Colo. 521, 173 P. 425
(1918); Dikeou v. People, 95 Colo. 537, 38
P.2d 772 (1934).
Statute requires commencement of
paternity proceedings within five years of
birth of child despite mother's
acknowledgment that ex -husband was not
father of child born during marriage. People
in Interest of S.L.H., 736 P.2d 1226 (Colo.
App. 1986).
This section does not require that one
man's presumed paternity by marriage be
negated before an action to assert a
parent and child legal relationship by
another man, based upon a different
presumption, may be commenced. People
ex rel. Orange County v. M.A.S., 962 P.2d
339 (Colo. App. 1998).
The statute does not limit the time
within which a presumed father may assert
as a defense the nonexistence of the father
Colorado Revised Statutes 2026
Title 19 - Children's Code
-772-
and child relationship. Consequently, this
case falls squarely within the general rule
that a statute of limitations although barring
the use of a claim for affirmative relief after
the limitations period has run, is not a bar to
asserting that claim as a defense. People in
Interest of R.T.L., 780 P.2d 508 (Colo.
1989); People in Interest of L.J., 835 P.2d
1265 (Colo. App. 1992).
Although subsection (1)(a) states that
an action for the purpose of declaring the
existence of the father and child
relationship presumed under § 19 -4-105
(1)(a), (1)(b), or (1)(c) may be brought at
any time, § 19 -4-108 makes it clear that
such an action initiated by the mother or
father of a child or the "delegate child
support enforcement agency" must be
brought before the child's eighteenth
birthday. If a child whose paternity has not
been established initiates an action to
declare the existence of the father and child
relationship, the action may be brought at
any time prior to the child's twenty -first
birthday. People in Interest of R.T.L., 780
P.2d 508 (Colo. 1989).
The statute of limitations under § 19 -4-
108 governs actions brought under
subsection (2) of this section. Although an
action under subsection (2) can be brought
"at any time", § 19 -4-108 requires that the
action be brought prior to the child's
eighteenth birthday. In re Parental
Responsibilities of I.M., 2013 COA 107,
410 P.3d 488.
It is clear from § 19 -4-105 (1)(a) and
subsection (1)(b) of this section that a man
presumed to be a child's father by reason of
his marriage to the child's mother at the time
of conception is precluded from initiating an
action to declare the nonexistence of the
presumed father and child relationship after
the child reaches the age of five. People in
Interest of R.T.L., 780 P.2d 508 (Colo.
1989).
Because of the public policy favoring
legitimacy, the court did not abuse its
discretion in continuing the parent and child
relationship between a child and husband of
child's mother as being in the best interest of
the child in spite of genetic testing
establishing a competing presumption in
favor of another man. W.C. in Interest of
A.M.K., 907 P.2d 719 (Colo. App. 1995).
An interpretation of subsection (1)(b)
of this section that would deny the right
of a presumptive father to defend against
a child support action by asserting the
nonexistence of a father and child
relationship runs counter to principles of
statutory construction and would produce
results not consistent with the welfare of the
affected children and the best interests of
society. In a child support action under
article 6 of this title, the defense of
nonpaternity may be asserted by a man
presumed to be the father pursuant to § 19 -
4-105 (1)(a) notwithstanding that the man
would have been precluded by subsection
(1)(b) from bringing an action under this
article to declare the nonexistence of the
father and child relationship because of the
passage of time. People in Interest of R.T.L.,
780 P.2d 508 (Colo. 1989); People in
Interest of L.J., 835 P.2d 1265 (Colo. App.
1992).
This section does not allow an ex -
husband to avoid five -year limitation on
Colorado Revised Statutes 2026
Title 19 - Children's Code
-773-
commencement of paternity proceedings
as "an interested party". People in Interest
of S.L.H., 736 P.2d 1226 (Colo. App. 1986).
Failure to name another man as
possible father of child in petition filed
pursuant to this section does not constitute
grounds for dismissal. G.K.D. v. R.A.D.,
759 P.2d 851 (Colo. App. 1988).
When a paternity issue is raised in
conjunction with a determination of child
support under the Uniform Dissolution of
Marriage Act (UDMA), the court must
determine whether the party to be charged
owes a duty of support according to the
procedures of the U.P.A. In re De La Cruz,
791 P.2d 1254 (Colo. App. 1990).
Mother not precluded from bringing a
paternity action under this section after
conclusion of an action under the UDMA.
Although the issue of paternity had been
established in the UDMA action, the issue of
whether the mother was entitled to birth -
related costs was unresolved and could not
have been resolved in prior action. In re
G.E.R., 264 P.3d 637 (Colo. App. 2011).
Validity of determination of paternity.
A trial court's determination of paternity in a
dissolution of marriage action is invalid
where, although requested to do so, it failed
to follow any of the procedures outlined in
the uniform act. In re Burkey, 689 P.2d 726
(Colo. App. 1984).
Applied in W.R.S. v. E.R., 41 Colo. App.
414, 588 P.2d 379 (1978); Figueroa v.
Juvenile Court, 197 Colo. 510, 595 P.2d 223
(1979); Petition of G.D., 775 P.2d 90 (Colo.
App. 1989); People v. Holleron, 797 P.2d
806 (Colo. App. 1990); M.R.D., by P.D. v.
F.M., 805 P.2d 1200 (Colo. App. 1991); In re
S.N.V ., 284 P.3d 147 (Colo. App. 2011).
19-4-107.3. When determination of parentage is final - modifications - exceptions.
(1) (a) An order determining parentage pursuant to this article shall be modified or set aside,
within the time frames specified in subsection (2) of this section, if genetic test results based on
DNA testing, administered in accordance with section 13 -25-126, C.R.S., establish the exclusion
of the individual named as the father in the order as the biological parent of the child and the
court determines that it is just and proper under the circumstances and in the best interests of the
child.
(b) If the court modifies or sets aside an order determining parentage pursuant to paragraph
(a) of this subsection (1), then the court shall modify the provisions of the order respecting child
support for installments accruing subsequent to the filing of the motion pursuant to section 14 -
10-122 (6), C.R.S., and may vacate or deem as satisfied, in whole or in part, unpaid child support
obligations arising from or based on the order determining parentage. The court shall not order
restitution from the state for any sums paid to or collected by the state for the benefit of the child.
(2) (a) A motion to modify or set aside an order determining parentage pursuant to this
section must be filed within two years from the date of the entry of the order.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-774-
(b) Repealed.
(3) Notwithstanding subsection (1) of this section, a determination of parentage or an order
respecting child support must not be modified or set aside pursuant to this section if:
(a) The individual named in the order acknowledged paternity pursuant to section 19 -4-105
(1)(c) or (2)(a.5) knowing that he was not the father of the child;
(b) The child was adopted by the individual named in the order; or
(c) The child was conceived by means of assisted reproduction.
(4) A motion filed pursuant to this section may be brought by the individual named as the
father in the order and shall be served in the manner set forth in the Colorado rules of civil
procedure upon all other parties. The court shall not modify or set aside a final order determining
parentage pursuant to this section without a hearing.
(5) For purposes of this section, "DNA" means deoxyribonucleic acid.
Source: L. 2008: Entire section added, p. 1655, § 1, effective August 15. L. 2025: IP(3) and
(3)(a) amended, (HB 25-1159), ch. 334, p. 1762, § 6, effective May 31.
Editor's note: Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective July
1, 2011. (See L. 2008, p. 1655.)
19-4-107.5. Required notice of prior civil protection orders to prevent domestic abuse -
determination of parent and child relationship.
When filing a proceeding under this article, the filing party shall have a duty to disclose to the
court the existence of any prior temporary or permanent civil protection orders to prevent
domestic abuse issued pursuant to article 14 of title 13, C.R.S., and any emergency protection
orders issued pursuant to section 13 -14-103, C.R.S., entered against either party by any court
within ninety days prior to the filing of the proceeding to determine the parent and child
relationship. The disclosure required pursuant to this section shall address the subject matter of
the previous protection orders, including the case number and jurisdiction issuing such orders.
Source: L. 95: Entire section added, p. 84, § 2, effective July 1. L. 99: Entire section
amended, p. 503, § 14, effective July 1. L. 2004: Entire section amended, p. 556, § 14, effective
July 1. L. 2005: Entire section amended, p. 766, § 30, effective June 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-775-
19-4-108. Statute of limitations.
An action to determine the existence of the father and child relationship may be brought at any
time prior to the child's eighteenth birthday by the mother or father of said child, by the child, or
by the delegate child support enforcement agency. If, however, the statute of limitations in effect
at the time of the child's birth was less than eighteen years, the delegate child support
enforcement agency may bring an action on behalf of the said child at any time prior to the
child's twenty -first birthday. An action brought by a child whose paternity has not been
determined may be brought at any time prior to the child's twenty -first birthday. This section and
section 19 -4-107 do not extend the time within which a right of inheritance or a right to a
succession may be asserted beyond the time provided by law relating to distribution and closing
of decedents' estates or to the determination of heirship, or otherwise.
Source: L. 87: Entire title R&RE, p. 795, § 1, effective October 1; entire section amended, p.
1587, § 59, effective October 1. L. 88: Entire section amended, p. 634, § 11, effective July 1. L.
89: Entire section amended, p. 794, § 19, effective July 1.
Editor's note: (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 -6-108
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Prior to the repeal and reenactment of this title in 1987, the statute of limitations to
determine a father and child relationship was contained in § 19 -6-108. The statute of limitations
as contained in that section was changed by L. 85, p. 596, § 18, to eighteen years. For the statute
of limitations in effect prior to the change in 1985, see § 19 -6-108 as contained in the 1978
Replacement V olume 8 and in annual supplements thereto prior to 1985.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Although § 19 -4-107 (1)(a) states that
an action for the purpose of declaring the
existence of the father and child
relationship presumed under § 19 -4-105
(1)(a), (1)(b), or (1)(c) may be brought at
any time, this section makes it clear that
such an action initiated by the mother or
father of a child or the "delegate child
support enforcement agency" must be
brought before the child's eighteenth
birthday. If a child whose paternity has not
been established initiates an action to
declare the existence of the father and child
Colorado Revised Statutes 2026
Title 19 - Children's Code
-776-
relationship, the action may be brought at
any time prior to the child's twenty -first
birthday. People in Interest of R.T.L., 780
P.2d 508 (Colo. 1989).
The statute of limitations under this
section governs actions brought under §
19-4-107 (2). Although an action under §
19-4-107 (2) can be brought "at any time",
this section requires that the action be
brought prior to the child's eighteenth
birthday. In re Parental Responsibilities of
I.M., 2013 COA 107, 410 P.3d 488.
Extension of statute of limitations may
create a remedy, but may not revive an
existing cause of action. People v. Holleron,
797 P.2d 806 (Colo. App. 1990).
This section violates the equal
protection clause of the fourteenth
amendment of the U.S. Constitution in that
it treated children with presumed fathers
differently than children without presumed
fathers. People in Interest of J.M.A., 803
P.2d 187 (Colo. 1990) (decided under law in
effect prior to 1985 and subsequent
amendments).
Period of limitation fixed when cause
accrues. The period of limitation to be
applied to plaintiff's action is initially
determined by the statute effective when the
cause accrued, and once the permissible
time for commencing an action has expired
and the bar created by the statute has
attached, the rights and obligations of the
parties are fixed. D.Z.M. v. D.A.G., 41 Colo.
App. 377, 592 P.2d 1 (1978), aff'd, 199
Colo. 315, 607 P.2d 1004 (1980).
Section does not deny children whose
parentage has not been established equal
protection since the section bars actions
brought by the mother or the state after three
years but not actions by or on behalf of the
child. People in Interest of T.L.H., 701 P.2d
87 (Colo. App. 1984).
19-4-109. Jurisdiction - venue.
(1) Without limiting the jurisdiction of any other court, the juvenile court has jurisdiction of
an action brought pursuant to this article 4. The juvenile court's jurisdiction includes concurrent
jurisdiction with a dependency and neglect court, as set forth in section 19 -3-205 (1), to
determine a parent -child legal relationship. A delegate child support enforcement unit also has
jurisdiction to establish paternity in noncontested paternities in accordance with the procedures
specified in article 13.5 of title 26. The action may be joined with an action in another court of
competent jurisdiction for dissolution of marriage, legal separation, declaration of invalidity of
marriage, or support.
(1.5) A paternity determination made by another state, whether established through voluntary
acknowledgment, administrative processes, or judicial processes, shall be enforced and otherwise
treated in the same manner as a judgment of this state.
(2) A person who has sexual intercourse in this state thereby submits to the jurisdiction of the
courts of this state as to an action brought under this article with respect to a child who may have
Colorado Revised Statutes 2026
Title 19 - Children's Code
-777-
been conceived by that act of intercourse. Upon filing of the petition, the court shall issue a
summons. The hearing shall be set for a day not less than ten days after service is completed or
on such later date as the court may order. In addition to any other method provided by rule or
statute, including rule 4 (e) of the Colorado rules of civil procedure, when there is a basis for
personal jurisdiction over an individual living outside this state pursuant to section 14 -5-201,
C.R.S., service may be accomplished by delivering a copy of the summons, together with a copy
of the petition upon which it was issued, to the individual served. Such service may be by private
process server or by sending such copies to such individual by certified mail with proof of actual
receipt by such individual.
(3) The action may be brought in the county in which the child or the alleged father resides
or is found, or in any county where public assistance was or is being paid on behalf of the child,
or, if the father is deceased, in any county in which proceedings for probate of his estate have
been or could be commenced.
Source: L. 87: Entire title R&RE, p. 795, § 1, effective October 1. L. 89: (1) amended, p.
1247, § 5, effective April 1; (3) amended, p. 794, § 20, effective July 1. L. 94: (1.5) added and
(2) amended, p. 1541, § 14, effective May 31. L. 2005: (2) amended, p. 378, § 4, effective April
22. L. 2021: (1) amended, (HB 21-1220), ch. 212, p. 1129, § 5, effective July 1.
Editor's note: 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 -6-109 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
The district court has exclusive
jurisdiction in certain matters concerning
children, such as dissolutions of marriage
or legal separation. Thus, the effect of
subsection (1) is to provide an alternate
forum for the resolution of paternity
disputes. In re De La Cruz, 791 P.2d 1254
(Colo. App. 1990).
Subsection (1) does not require that a
parentage action be brought in the
juvenile court before joinder with action
in another court, and the district court had
the authority to determine the issue of
parentage once it was raised by the
presumed father. In re De La Cruz, 791 P.2d
1254 (Colo. App. 1990).
When a paternity issue arises in a
nonpaternity proceeding, court must
follow procedure under the Uniform
Parentage Act. People ex rel. J.G.C., 2013
COA 171, 318 P.3d 576.
Personal service upon the father in
Colorado enables the state to exercise
Colorado Revised Statutes 2026
Title 19 - Children's Code
-778-
personal jurisdiction over him, even if the
child was not conceived by acts of sexual
intercourse in the state of Colorado. People
ex rel. J.A.E.S., 7 P.3d 1021 (Colo. App.
2000).
Venue provision of subsection (3)
prevails over any conflicting provisions in
the Colorado rules of civil procedure. In re
U.M. v. District Court, 631 P.2d 165 (Colo.
1981).
Applied in People in Interest of
M.E.W.F., 42 Colo. App. 495, 600 P.2d 108
(1979).
19-4-110. Parties.
The child may be made a party to the action. If the child is a minor, the court may appoint a
guardian ad litem. The child's mother or father may not represent the child as guardian or
otherwise. The court shall make the natural mother, each man presumed to be the father under
section 19-4-105, and each man alleged to be the natural father parties or, if not subject to the
jurisdiction of the court, provide notice of the action in a manner prescribed by the court and an
opportunity to be heard. If a man who is alleged to be the natural father is deceased, the court
shall make the personal representative of his estate, if one has been appointed, a party. If a
personal representative has not been appointed, the court shall make the deceased man's spouse
or an immediate blood relative a party. If a spouse or immediate blood relative is not known or
does not exist, the court shall appoint a representative for the alleged natural father who is
deceased. The court may align the parties. When the person to be served has no residence within
Colorado and his or her place of residence is not known or when he or she cannot be found
within the state after due diligence, service must be by publication pursuant to rule 4 (g) of the
Colorado rules of civil procedure; except that service must be by a single publication and must
be completed not less than five days prior to the time set for hearing on paternity adjudication.
Source: L. 87: Entire title R&RE, p. 796, § 1, effective October 1. L. 93: Entire section
amended, p. 954, § 3, effective May 28. L. 2006: Entire section amended, p. 517, § 4, effective
August 7. L. 2016: Entire section amended, (HB 16-1165), ch. 157, p. 496, § 9, effective January
1, 2017.
Editor's note: 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 -6-110 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-779-
Law reviews. For comment,
"Bastardizing the Legitimate Child: The
Colorado Supreme Court Invalidates the
Uniform Parentage Act Presumption of
Legitimacy in R. McG. v. J.W.", see 59 Den.
L.J. 157 (1981).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
People had standing to bring action.
Evidence showing that mother was receiving
assistance from county department of public
welfare for benefit of child was sufficient to
allow the people to have standing to bring
action to establish paternity. People in
Interest of A.A.T., 191 Colo. 494, 554 P.2d
302 (1976).
For case holding that under former law
child was not party to paternity action,
see People in Interest of R.D.S., 183 Colo.
89, 514 P.2d 772 (1973).
The child is an indispensable party to a
paternity proceeding. Unless the child can
be made a party, the trial court is without
jurisdiction to resolve any matters pertaining
to the paternity suit. In re Burkey, 689 P.2d
726 (Colo. App. 1984).
Intervention by department of social
services. Where the interest of the
department of social services in a support
obligation owed to a dependent child is
contingent on the outcome of a paternity
action, it was improper to allow it to
intervene as a party to the action. However,
such action was harmless since the
department could have enforced its interest
derived from the paternity proceeding in a
separate proceeding following entry of the
order determining paternity. J.E.S. v. F.F.,
762 P.2d 703 (Colo. App. 1988).
A child must be made a party to a
paternity action and must be represented
individually by an appropriate fiduciary
despite the language in the statute that the
court may appoint a guardian ad litem.
People in Interest of E.E.A. v. J.M., 854 P.2d
1346 (Colo. App. 1992); S.O.V . v. People in
Interest of M.C., 914 P.2d 355 (Colo. 1996).
Court deprived of subject matter
jurisdiction where court failed to join or
give notice to all presumed fathers and
any alleged natural fathers. Court must
join all presumed fathers and natural fathers
over whom it may exercise personal
jurisdiction and must give notice to those
whom it cannot join. People ex rel. J.G.C.,
2013 COA 171, 318 P.3d 576.
Guardian ad litem is not a true party to
a paternity proceeding. To be a true party,
a person must be competent to sue, have the
right to control the proceedings, to defend,
to present and cross -examine witnesses, and
to appeal in his or her own right. In a
paternity proceeding, a guardian ad litem is
appointed for the sole purpose of
representing the child's best interests and,
although the child is a party, the guardian ad
litem does not have the right to control the
proceedings, to defend the action, or to
appeal in his or her own right. In Interest of
A.R.W., 903 P.2d 10 (Colo. App. 1994).
While the trial court erred in
determining its own subject matter
jurisdiction, because the error in finding
that the child did not have to be made a
proper party could have been corrected on
Colorado Revised Statutes 2026
Title 19 - Children's Code
-780-
direct appeal, the doctrines of claim and
issue preclusion bar any collateral attack on
the trial court's original jurisdiction. People
in Interest of E.E.A. v. J.M., 854 P.2d 1346
(Colo. App. 1992).
While the trial court erred in finding
that the child did not have to be made a
proper party, the error was based on a
statute with inherently contradictory
language and, therefore, the court did not
manifestly abuse its authority in entertaining
the action. People in Interest of E.E.A. v.
J.M., 854 P.2d 1346 (Colo. App. 1992).
District court lacks jurisdiction to
resolve matters in a paternity action
unless each man presumed to be the
children's father and each man alleged to be
the children's natural father are made parties
to or given notice of the action. In re
Support of E.K., 2013 COA 99, 410 P.3d
480.
Absent special circumstances, once a
determination of paternity has been made
and permanent orders entered resolving
custody, child support, and parenting
time, the appointment of the guardian ad
litem terminates. The Uniform Parentage
Act is ambiguous as to the length of the
guardian ad litem's appointment and there is
no reason why the child and parents should
suffer the expense and continued invasion of
privacy caused by the indefinite
appointment of a guardian ad litem,
although the court may conclude that
appointment of a guardian is necessary for a
limited purpose or duration when issues are
raised after the entry of permanent orders. In
Interest of A.R.W., 903 P.2d 10 (Colo. App.
1994).
The appointment of a guardian ad
litem to represent a child's best interests
in a paternity action continues during a
direct appeal, initiated by one of the
parties, from the permanent orders
entered by the court in that action. In re
S.R.H., 981 P.2d 199 (Colo. App. 1998),
rev'd on other grounds sub nom. N.A.H. v.
S.L.S., 9 P.3d 354 (Colo. 2000).
The 1993 amendment to this section
was a change in procedural law and
therefore applied to causes of action that
existed on the effective date of the
amendment. People ex rel. Orange Co. v.
M.A.S., 962 P.2d 339 (Colo. App. 1998).
Applied in Jefferson Co. Dept. of Soc.
Servs. v. D.A.G., 199 Colo. 315, 607 P.2d
1004 (1980).
19-4-111. Pretrial proceedings.
(1) As soon as practicable after an action to declare the existence or nonexistence of the
parent-child relationship has been brought, an informal hearing shall be held if it is determined
by the court to be in the child's best interest. The court may order that the hearing be held before
a magistrate. The public must be barred from the hearing if it is determined by the court to be in
the best interest of any of the parties. A record of the proceeding or any portion thereof must be
kept if any party req uests or the court orders. Rules of evidence need not be observed. At the
informal hearing, the judge or magistrate shall give a verbal advisement to the parties that a
Colorado Revised Statutes 2026
Title 19 - Children's Code
-781-
request for genetic tests must not prejudice the requesting party in matters concerning allocation
of parental responsibilities pursuant to section 14 -10-124 (1.5). The judge or magistrate shall
further advise the parties that, if genetic tests are not obtained prior to the legal establishment of
parentage and submitted into evidence prior to the entry of the final order establishing parentage,
the genetic tests may not be allowed into evidence at a later date. The judge or magistrate shall
further advise the parties that subsequent to an adjudication of parentage, upon motion, the court
shall enter orders for allocation of parental responsibilities pursuant to section 14 -10-124 (1.5);
except that, in matters involving a nonresident party, the court shall first determine whether it has
authority to issue an order allocating parental responsibilities pursuant to article 13 of title 14.
(2) Upon the refusal of any witness, including a party, to testify under oath or produce
evidence, the court may order such witness to testify under oath and produce evidence
concerning all relevant facts. If the refusal is upon the ground that such witness' testimony or
evidence might tend to incriminate such witness, the court may grant such witness immunity
from the use of the testimony or evidence the witness is required to produce to prove the
commission of a criminal offense by the witness. The refusal of a witness who has been granted
immunity to obey an order to testify or produce evidence is a civil contempt of the court.
(3) Testimony of a physician concerning the medical circumstances of the pregnancy and the
condition and characteristics of the child upon birth is not privileged.
(4) Upon the filing of a petition under this article, any party may seek the issuance of a
temporary protection order or injunction under the criteria set forth in section 14 -10-108, C.R.S.
Any party may further seek temporary orders as to the allocation of parental responsibilities,
including allocation of decision -making responsibility and parenting time, and support once an
order determining the existence of the parent and child relationship has been entered by the
court. The filing of a motion for temporary orders shall not prevent a party or public agency from
seeking other relief as may be provided by this article. Issues of temporary orders concerning the
allocation of parental responsibilities, including decision -making responsibility and parenting
time, and issues of support shall be determined in accordance with the criteria set forth in the
"Uniform Dissolution of Marriage Act", article 10 of title 14, C.R.S. Any temporary protection
order issued pursuant to this subsection (4) shall be on a standardized form prescribed by the
judicial department, and a copy shall be provided to the protected person.
(5) At the time a protection order is requested pursuant to this section, the court shall inquire
about, and the requesting party and such party's attorney shall have an independent duty to
disclose, knowledge such party and such party's attorney may have concerning the existence of
any prior protection orders of any court addressing in whole or in part the subject matter of the
requested protection order.
(6) The duties of peace officers enforcing orders issued pursuant to this section shall be in
accordance with section 18 -6-803.5, C.R.S., and any rules adopted by the Colorado supreme
court pursuant to said section.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-782-
Source: L. 87: Entire title R&RE, p. 796, § 1, effective October 1. L. 91: (1) amended, p. 363,
§ 35, effective April 9. L. 93: (2) amended, p. 1737, § 30, effective July 1. L. 94: (4) to (6)
added, p. 2016, § 11, effective January 1, 1995. L. 98: (4) amended, p. 1409, § 70, effective
February 1, 1999. L. 2003: (4) and (5) amended, p.1016, § 26, effective July 1. L. 2005: (1)
amended, p. 378, § 5, effective January 1, 2006. L. 2023: (1) amended, (SB 23-173), ch. 330, p.
1975, § 6, effective July 1.
Editor's note: 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 -6-111 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
19-4-112. Genetic or other tests - administrative subpoena to compel genetic testing.
(1) Upon motion of the court or any of the interested parties, genetic tests or other tests of
inherited characteristics shall be ordered and the results received in evidence, as provided in
section 13-25-126. Upon agreement of the mother and the presumed or alleged father or fathers,
genetic tests or other tests of inherited characteristics may be administered prior to filing of an
action. If the action is then filed, the test results must be admitted into evidence as provided in
section 13-25-126.
(2) (a) A delegate child support enforcement unit is authorized to produce, issue, and serve a
subpoena to compel a party in a juvenile court case to appear, at a specified location and time,
for a genetic test sample that is collected for assistance in paternity determination. The subpoena
must allow a lab-certified child support enforcement unit sample collector, an accredited genetic-
testing laboratory company, a health clinic, or a hospital to conduct a buccal swab or other lab -
approved collection method of the alleged father, mother, and child whose paternity is at issue.
The sample may then be used for paternity testing purposes, provided appropriate chain -of-
custody documentation is followed. Test results obtained through the subpoena may be admitted
as evidence pursuant to section 13-25-126. The subpoena may be served by first -class mail or by
electronic means, if that notice preference by the party is documented.
(b) If a party fails to honor the first subpoena, the delegate child support enforcement unit
may issue a second subpoena or file the appropriate motion with the court to compel compliance
with a judicial genetic testing order pursuant to section 13 -25-126. If the delegate child support
enforcement unit issues a second subpoena and that subpoena is not honored, the delegate child
support enforcement unit may file the appropriate motion with the court to compel compliance
with a judicial genetic testing order pursuant to section 13 -25-126. A nonappearance default may
be sought against a nonappearing party only after a judicial genetic testing order is not honored.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-783-
Source: L. 87: Entire title R&RE, p. 796, § 1, effective October 1. L. 91: Entire section
amended, p. 254, § 11, effective July 1. L. 2018: Entire section amended, (HB 18-1363), ch. 389,
p. 2322, § 2, effective August 8.
Editor's note: 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 -6-112 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For comment,
"Bastardizing the Legitimate Child: The
Colorado Supreme Court Invalidates the
Uniform Parentage Act Presumption of
Legitimacy in R.McG. v. J.W.", see 59 Den.
L.J. 157 (1981). For article, "Legislative
Update", see 12 Colo. Law. 1257 (1983).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Requirement of blood tests. On motion
of the alleged father, the trial of the issue of
paternity of the unborn child shall not be
held until after blood grouping tests are
available. People in Interest of Unborn Child
v. Estergard, 169 Colo. 445, 457 P.2d 698
(1969) (decided under former § 19 -6-104
prior to the 1977 repeal and reenactment of
this article).
This section does not provide for
genetic testing during paternity
adjudications after a legal judgment of
paternity has entered. People ex rel. J.A.U.
v. R.L.C., 47 P.3d 327 (Colo. 2002).
Evidence from tests sufficient for
summary judgment. K.H.R. by and
through D.S.J. v. R.L.S., 807 P.2d 1201
(Colo. App. 1990).
19-4-113. Evidence relating to paternity.
(1) Evidence relating to paternity may include:
(a) Evidence of sexual intercourse between the mother and alleged father at any possible
time of conception;
(b) An expert's opinion concerning the statistical probability of the alleged father's paternity
based upon the duration of the mother's pregnancy;
(c) Genetic test results, weighted in accordance with evidence, if available, of the statistical
probability of the alleged father's paternity;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-784-
(d) Medical or anthropological evidence relating to the alleged father's paternity of the child
based on tests performed by experts. If a man has been identified as a possible father of the child,
the court may, and upon request of a party shall, require the child, the mother, and the man to
submit to appropriate tests; and
(e) All other evidence relevant to the issue of paternity of the child.
(2) In any action brought pursuant to article 13 or 13.5 of title 26, C.R.S., the parties shall be
required to use the laboratory designated by the delegate child support enforcement unit for
genetic tests or other tests of inherited characteristics. Any subsequent test or other tests shall be
determined by the court as provided in section 13-25-126, C.R.S.
Source: L. 87: Entire title R&RE, p. 796, § 1, effective October 1. L. 92: (2) added, p. 183, §
1, effective August 1. L. 97: (1)(c) amended, p. 562, § 9, effective July 1.
Editor's note: 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 -6-113 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Common-law rule of testimony of
parties. The common-law rule prohibiting a
husband or wife from testifying to nonaccess
in filiation cases first arose in the middle of
the 18th century. Colorado adopted the
common law of England as it existed prior
to the announcement of that rule. Vasquez v.
Esquibel, 141 Colo. 5, 346 P.2d 293 (1959).
There is a presumption of legitimacy of
children born to a married woman.
Vasquez v. Esquibel, 141 Colo. 5, 346 P.2d
293 (1959).
Such presumption may be overcome by
evidence of nonaccess of the husband
during the period when conception occurred,
and it is error to reject such evidence in an
action to establish paternity of a child.
Vasquez v. Esquibel, 141 Colo. 5, 346 P.2d
293 (1959).
Burden of proof. If the presumption of
legitimacy of children born to a married
woman is overcome, it would still be
incumbent on a petitioner to establish to the
satisfaction of a trial court that a respondent
was the father of a child, but he cannot rely
on the outmoded and archaic conclusiveness
of a presumption in the light of facts which a
petitioner offers to prove. Vasquez v.
Esquibel, 141 Colo. 5, 346 P.2d 293 (1959).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-785-
Preponderance of proof required. The
trial court's instruction to the effect that
petitioner must prove paternity by a
preponderance of the evidence, rather than
by clear and convincing evidence, correctly
stated the law. McCoy v. People in Interest
of Minor Child, 165 Colo. 407, 439 P.2d 347
(1968).
Prima facie case established. In a
proceeding to determine paternity of a child,
a petitioner's testimony of acts of intercourse
with respondent and her pregnancy
following and birth of the child within the
permissible period is sufficient to establish a
prima facie case and require submission of
the issues to a jury. Medina v. Gonzales, 141
Colo. 118, 347 P.2d 138 (1959).
Evidence of specific resemblance is
probative of paternity and should be
admitted, but only when presented by a
qualified expert witness who relates to the
jury those characteristics which bear on
paternity. People in Interest of R.D.S., 183
Colo. 89, 514 P.2d 772 (1973).
Scientific foundation for evidence of
specific resemblance. Unlike evidence of
general resemblance, there is a firm
scientific foundation for inferring parentage
from the existence of evidence of specific
resemblance. People in Interest of R.D.S.,
183 Colo. 89, 514 P.2d 772 (1973).
This section is sufficiently broad to
order the husband, who was the
presumed father, to submit to blood tests.
People in Interest of M.P.R., 723 P.2d 743
(Colo. App. 1986).
Human leukocyte antigen test
admissible on issue of paternity because it
is capable of establishing either that an
individual could not be the father of a
certain child or that the probability that he is
the father exceeds ninety percent. E.M.F. v.
N.N., 717 P.2d 961 (Colo. App. 1985).
Exhibition of child is discretionary. In a
paternity action, the question of whether the
child is to be exhibited before the trier of
fact is a discretionary matter on the part of
the trial court, and its determination will be
upheld on review in the absence of an abuse
of that discretion. In re People in Interest of
R.D.S., 32 Colo. App. 26, 507 P.2d 481,
aff'd, 183 Colo. 89, 514 P.2d 772 (1973).
Refusal to allow such exhibition
upheld. Where the court ruled in a paternity
action that exhibition of the child would
have been of no probative value, and
appellant made no offer of proof and
advanced no argument that could have been
a basis for the reviewing court to determine
that the trial court was in error, and where
the existence of the child was not in dispute,
and ample evidence was presented to
support a verdict for or against either party,
there was no abuse of discretion in the
court's ruling. In re People in Interest of
R.D.S., 32 Colo. App. 26, 507 P.2d 481,
aff'd, 183 Colo. 89, 514 P.2d 772 (1973).
Exhibition of child for purpose of
showing general resemblance denies right
to cross-examination. Exhibition of a child
to the jury in a paternity action for the
purpose of showing general resemblance
without expert testimony effectively denies
the respondent the right of cross -
examination, because the mere exhibition of
a child without comment leaves a jury with
the uncontroverted inference of similarities
Colorado Revised Statutes 2026
Title 19 - Children's Code
-786-
between such child and the alleged father.
People in Interest of R.D.S., 183 Colo. 89,
514 P.2d 772 (1973).
And is of questionable probative value
and irrelevant. Because the probative force
of evidence of general resemblance is
questionable, yet gives rise to the conflicting
interest of undue jury sympathy, prejudice,
and confusion, exhibition of a child to jury,
when offered to show paternity by way of
general resemblance is irrelevant as a matter
of law. People in Interest of R.D.S., 183
Colo. 89, 514 P.2d 772 (1973).
No statutory basis for guardian ad
litem obtaining genetic testing in a
paternity proceeding at the expense of the
department of social services or a county to
provide a basis for diagnosing future
problems that a minor child may encounter
in later years. Figueroa v. Juvenile Court,
197 Colo. 510, 595 P.2d 223 (1979).
19-4-114. Pretrial recommendations - temporary orders.
(1) On the basis of the information produced at the pretrial hearing, the judge or magistrate
conducting the hearing shall evaluate the probability of determining the existence or
nonexistence of the father and child relationship in a trial and whether a judicial declaration of
the relationship would be in the best interest of the child. On the basis of the evaluation, an
appropriate recommendation for settlement shall be made to the parties, which may include any
of the following:
(a) That the action be dismissed with or without prejudice;
(b) That the matter be compromised by an agreement among the alleged father, the mother,
and the child in which the father and child relationship is not determined but in which a defined
economic obligation is undertaken by the alleged father in favor of the child and, if appropriate,
in favor of the mother, subject to approval by the judge or magistrate conducting the hearing. In
reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge
or magistrate conducting the hearing shall consider the best interest of the child, in the light of
the factors enumerated in section 19 -4-116 (6), discounted by the improbability, as it appears to
him, of establishing the alleged father's paternity or nonpaternity of the child in a trial of the
action. In the best interest of the child, the court may order that the alleged father's identity be
kept confidential. In that case, the court may designate a person or agency to receive from the
alleged father and disburse on behalf of the child all amounts paid by the alleged father in
fulfillment of obligations imposed on him.
(c) That the alleged father voluntarily acknowledge his paternity of the child;
(d) That the action be consolidated with a relinquishment action filed pursuant to part 1 of
article 5 of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-787-
(2) If the parties accept a recommendation made in accordance with subsection (1) of this
section, judgment shall be entered accordingly.
(3) If a party refuses to accept a recommendation made under subsection (1) of this section
and genetic tests have not been taken, the court shall require the parties to submit to genetic tests,
if practicable. Thereafter, the judge or magistrate shall make an appropriate final
recommendation. If a party refuses to accept the final recommendation, the action shall be set for
trial. If the evidence relating to paternity meets the requirements set forth in section 13 -25-126
(1)(g), C.R.S., the court shall issue temporary orders establishing current child support, foster
care maintenance, and medical support to remain in effect pending a final disposition of the
proceeding.
(4) The guardian ad litem may accept or refuse to accept a recommendation under this
section.
(5) The informal hearing may be terminated and the action set for trial if the judge or
magistrate conducting the hearing finds unlikely that all parties would accept a recommendation
he might make under subsection (1) or (3) of this section.
Source: L. 87: Entire title R&RE, p. 797, § 1, effective October 1. L. 91: (1), (3), and (5)
amended, p. 363, § 36, effective April 9. L. 93: (1)(b) amended, p. 1780, § 43, effective June 6.
L. 97: (3) amended, p. 562, § 10, effective July 1; (3) amended, p. 1275, § 14, effective July 1.
L. 2003: (3) amended, p. 1270, § 61, effective July 1. L. 2005: (1)(d) added, p. 102, § 4,
effective July 1.
Editor's note: (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 -6-114
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments made to subsection (3) by House Bill 97 -1205 and Senate Bill 97 -114 were
harmonized.
Cross references: For the legislative declaration contained in the 1997 act amending
subsection (3), see section 1 of chapter 236, Session Laws of Colorado 1997.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-788-
19-4-115. Civil action.
An action under this article is a civil action governed by the Colorado rules of civil procedure.
The mother of the child and the alleged father are competent to testify and may be compelled to
testify. Sections 19-4-111 (2) and (3), 19-4-112, and 19-4-113 apply.
Source: L. 87: Entire title R&RE, p. 798, § 1, effective October 1. L. 91: Entire section
amended, p. 254, § 12, effective July 1.
Editor's note: 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 -6-115 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Applied in In re U.M. v. District Court,
631 P.2d 165 (Colo. 1981).
19-4-116. Judgment or order - birth-related costs - evidence.
(1) The judgment or order of the court determining the existence or nonexistence of the
parent and child relationship is determinative for all purposes.
(2) If the judgment or order of the court is at variance with the child's birth certificate or if
the court enters a judgment or order determining the existence of a parent and child relationship
during the course of a proceeding held pursuant to article 3 of this title, the court shall order that
a new birth certificate be issued under section 19-4-124.
(3) (a) The judgment or order may contain any other provision directed against the
appropriate party to the proceeding concerning the duty of support, the recovery of child support
debt pursuant to section 14-14-104, C.R.S., the allocation of parental responsibilities with respect
to the child and guardianship of the child, parenting time privileges with the child, the furnishing
of bond or other security for the payment of the judgment, or any other matter in the best interest
of the child. The judgment or order may direct the father to pay for genetic testing and to pay the
reasonable expenses of the mother's pregnancy and confinement.
(b) Repealed.
(c) Bills for pregnancy, childbirth expenses, and genetic testing are admissible as evidence
without the necessity of third -party foundation testimony and shall constitute prima facie
Colorado Revised Statutes 2026
Title 19 - Children's Code
-789-
evidence of the amounts incurred for such services or for expenses incurred on behalf of the
child.
(4) Support judgments or orders ordinarily must be for periodic payments, which may vary
in amount. In the best interest of the child, a lump -sum payment or the purchase of an annuity
may be ordered in lieu of periodic payments of support. The court or delegate child support
enforcement unit may enter an order directing the obligor to pay for support of the child, in an
amount as may be determined by the court or delegate child support enforcement unit to be
reasonable under the circumstances, for a time period that occurred prior to the month the child
support obligation begins. The court may limit the obligor's liability for past support of the child
to the proportion of the expenses already incurred that the court deems just.
(5) The judgment or order may include a provision requiring that the respondent initiate
inclusion of the child under a medical insurance policy currently in effect for the benefit of the
respondent, purchase medical insurance for the child, or in some other manner provide for the
current or future medical needs of the child. At the same time, the court may make a
determination of whose responsibility it shall be to pay required medical insurance deductibles
and copayments. If the judgment or order does not contain a provision regarding medical
support, such as insurance coverage, payment for medical insurance deductibles and copayments,
or unreimbursed medical expenses, that fact may be grounds for a modification of the order
under section 14-10-122, C.R.S.
(6) The court or delegate child support enforcement unit has the discretion to enter an order
directing the obligor to pay a reasonable amount of retroactive child support for a time period
that occurred prior to the month the child support obligation begins. In determining the amount
of retroactive child support, the court shall consider all relevant factors, including:
(a) The needs of the child;
(b) The standard of living and circumstances of the parents;
(c) The relative financial means of the parents;
(d) The earning ability of the parents;
(e) Repealed.
(f) The age of the child;
(g) The financial resources of the child;
(h) The responsibility of the parents for the support of others;
(i) The value of services contributed by the parent with whom the child resides the majority
of the time;
(j) The standard of living the child would have enjoyed had the parents been an intact family;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-790-
(k) The child support guidelines, as set forth in section 14-10-115, C.R.S;
(l) The ability of the obligor to pay court -ordered current child support in addition to a
potential judgment for retroactive child support;
(m) Efforts the parents have made to contact each other and communicate the needs of the
child, including requests for financial support;
(n) Any evidence regarding a parent's attempt to avoid service;
(o) Support provided by the obligor, including, but not limited to, money, supplies, food,
clothing, and gifts;
(p) Evidence of efforts to restrict access to the child from the other parent; and
(q) Evidence that the parents had a financial agreement during the retroactive time period.
(7) Any order of support made pursuant to subsections (4) to (6) of this section shall continue
until the child is nineteen years of age, unless the support order is terminated sooner by court
order.
(8) The court may order support to be continued after the child is nineteen years of age if the
child is unable to care for himself or herself by reason of mental or physical disability or other
reason justifiable in the opinion of the court.
(9) All child support orders entered pursuant to this article shall include the names and dates
of birth of the parties and of the children who are the subject of the order and the parties'
residential and mailing addresses. The social security numbers of the parties and children shall be
collected pursuant to sections 14-14-113 and 26-13-127, C.R.S.
Source: L. 87: Entire title R&RE, p. 798, § 1, effective October 1; (6)(i) and (6)(j) amended
and (6)(k) added, p. 1587, § 60, effective October 1. L. 89: (3), (5), and (7) amended, p. 794, §
21, effective July 1. L. 93: (3) amended, p. 582, § 21, effective July 1; (8) amended, p. 1638, §
25, effective July 1. L. 94: (4), (7), and (8) amended, p. 1542, § 15, effective May 31. L. 95: (3)
amended, p. 1397, § 2, effective July 1. L. 97: (3)(a) amended and (3)(c) and (9) added, p. 1276,
§§ 15, 16, effective July 1. L. 98: (3)(a) and (6)(i) amended, p. 1409, § 71, effective February 1,
1999. L. 99: (2) and (9) amended, p. 1086, § 5, effective July 1. L. 2008: (9) amended, p. 1348,
§ 4 effective July 1. L. 2023: (4) amended, (SB 23 -173), ch. 330, p. 1976, § 7, effective
September 1. L. 2025: IP(6), (6)(g), and (6)(j) amended and (6)(l), (6)(m), (6)(n), (6)(o), (6)(p),
and (6)(q) added, (HB 25 -1159), ch. 334, p. 1762, § 7, effective February 1, 2026; (6)(e)(II)
added by revision, (HB 25-1159), ch. 334, pp. 1762, 1766, §§ 7, 13.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-791-
Editor's note: (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 -6-116
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective June 30, 1999.
(See L. 95, p. 1397.)
(3) Subsection (6)(e)(II) provided for the repeal of subsection (6)(e), effective February 1,
2026. (See L. 2025, pp. 1762, 1766.)
Cross references: For the legislative declaration contained in the 1993 act amending
subsection (3), see section 1 of chapter 165, Session Laws of Colorado 1993. For the legislative
declaration contained in the 1997 act amending subsection (3)(a) and adding subsections (3)(c)
and (9), see section 1 of chapter 236, Session Laws of Colorado 1997.
ANNOTATION
Law reviews. For comment, "The Unwed
Father's Parental Rights and Obligations
After S.P.B.: A Retreat in Constitutional
Protection" see 60 Den. L.J. 659 (1983).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Constitutionality. This section does not
violate due process in creating an
irrebuttable presumption that a father should
share in the duty of child support. People in
Interest of S.P.B., 651 P.2d 1213 (Colo.
1982).
There is no violation of equal protection
in the statutory obligation of both parents to
pay child support or in the denial to an
unwed father of the right to demand the
termination of a pregnancy. People in
Interest of S.P.B., 651 P.2d 1213 (Colo.
1982).
Former section constitutional. Former
section compelling a father to support
unborn child and its mother was
constitutional. Cederquist v. Archuleta, 127
Colo. 41, 253 P.2d 431 (1953).
Former statute which provided for
assessment of damages held
unconstitutional and would not support a
judgment of damages. This did not relieve
the father of an illegitimate child of his
obligation to support the child since the
finding of the jury as to the father of the
child involved stood. Loveland v. Lewis,
169 Colo. 149, 454 P.2d 84 (1969).
Law liberally interpreted. Where the
paternity of the child is established beyond
question, the law should be liberally
construed to insure the necessary help to the
child and its mother, consonant with the
father's ability to pay. Davis v. People, 103
Colo. 437, 86 P.2d 975 (1939).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-792-
The primary issue for determination in
a paternity case is whether the alleged
father is, in fact, the father. A.R.B. v.
G.L.P., 180 Colo. 439, 507 P.2d 468 (1973).
Determination of status of child is
conclusive. A proceeding to determine the
parentage of a child is in the direct interest
of the child and the status of the child as to
its parentage determined in such a
proceeding is just as conclusive and binding
upon the child as it would be upon a parent
brought into court under the provisions of
the statute. In re Morrow's Estate, 100 Colo.
424, 68 P.2d 36 (1937).
A person who is determined to be a non -
parent under the Uniform Parentage Act but
who fits the criteria in § 14 -10-123 (1) may
qualify as an "appropriate party" within the
meaning of this section. In re Ohr, 97 P.3d
354 (Colo. App. 2004).
Payment of reasonable expenses of
mother's pregnancy and confinement is
authorized and jurisdiction rests exclusively
under the Uniform Parentage Act and not
under the Uniform Dissolution of Marriage
Act (UDMA). In re Custody of Garcia, 695
P.2d 774 (Colo. App. 1984).
Question of child support involved. In a
paternity proceeding the question of support
of the child, both past and future, is
involved. People in Interest of A.A.T., 191
Colo. 494, 554 P.2d 302 (1976).
A father may be required to pay child
support retroactive to the birth of the
child pursuant to subsection (4). In re Smith,
7 P.3d 1012 (Colo. App. 1999).
Subsection (4) permits an award of
child support retroactive to the date of the
child's birth and does not violate equal
protection by treating unmarried parents
differently from married parents. People ex
rel. B.W., 17 P.3d 199 (Colo. App. 2000).
Jurisdiction to award back child
support. The use of the word "may" in the
first sentence of subsection (3) indicates that
the general assembly intended to allow the
trial court broad discretion in determining
support issues, including that of child
support arrearages. People in Interest of
L.W., 756 P.2d 392 (Colo. App. 1988)
(decided under former § 19 -6-116 as it
existed prior to the 1987 repeal and
reenactment of this title).
Juvenile court properly considered the
father's earning ability and the parties'
agreement to sell jointly owned house in
determining whether an increase in child
support was warranted for child born out of
wedlock and the juvenile court did not abuse
its discretion in ordering increased child
support upon the sale of said house. M.H.W.
by M.E.S. v. D.J.W., 757 P.2d 1129 (Colo.
App. 1988).
Unless an order specifically states that
it is not subject to modification a trial
court may modify a lump -sum child support
order. M.F. v. L.M., 780 P.2d 69 (Colo. App.
1989).
Deferred compensation in father's
nonqualified retirement plan is not
income for child support purposes under
this act. Applying the definition of income
in § 14 -10-115, the court determined that it
was not income because father did not have
Colorado Revised Statutes 2026
Title 19 - Children's Code
-793-
the ability to use it to pay his expenses,
including child support. Father was not
vested in the plan, there was no account in
his name, the plan would pay only upon
retirement if certain conditions were met,
and father would forfeit the plan if he was
fired, quit, or retired before age sixty -five,
and once retired, it would pay out over 10
years. In re N.J.C., 2019 COA 153M, 467
P.3d 1209.
Request to hear change of minor's
name within broad grant of authority to
trial court pursuant to subsection (3).
Whether change of name is in the best
interests of a minor child is a factual
determination for the trial court. D.K.W. v.
J.L.B., 807 P.2d 1222 (Colo. App. 1990);
S.F.E. in Interest of T.I.E., 981 P.2d 642
(Colo. App. 1998).
Trial court may deviate from presumed
amount of support in § 14 -10-115
according to the criteria in subsection (6) of
this section so long as it enters findings that
allow an appellate court and the parties to
discern the reasons for the deviation. In
Interest of D.R.V ., 885 P.2d 351 (Colo. App.
1994).
Power of court to issue temporary
orders. The juvenile court may, in its
discretion in a proper case, issue temporary
orders providing for protection, support, or
medical and surgical treatment as it deems
in the best interest of the child prior to
adjudication or disposition of the petition to
determine paternity. People in Interest of
Unborn Child v. Estergard, 169 Colo. 445,
457 P.2d 698 (1969).
Evidence as to the putative father's
ability to pay must not only be adduced but
the ability of the man charged to pay must
bear some relationship to the sum awarded.
Noffsinger v. Sipes, 161 Colo. 413, 422 P.2d
639 (1967).
Continuing jurisdiction of the trial
court under this section allows
appointment of a guardian ad litem even
after the entry of permanent orders when
deemed necessary by the court. Such
appointment may be made on motion of a
party or on the court's own motion; however,
appointment of a guardian ad litem after the
entry of permanent orders should not be
done as a matter of course. In Interest of
A.R.W., 903 P.2d 10 (Colo. App. 1994);
S.F.E. in Interest of T.I.E., 981 P.2d 642
(Colo. App. 1998).
In paternity proceedings, juvenile court
must make and modify permanent orders
regarding parenting time in accordance with
the UDMA. People in Interest of S.E.G., 934
P.2d 920 (Colo. App. 1997).
Parenting time is primarily a right of
the child and only secondarily a right of the
parent. S.F.E. in Interest of T.I.E., 981 P.2d
642 (Colo. App. 1998).
Relevant factors that the court
appropriately considered under subsection
(3)(a) included the facts that the mother was
rigid and inflexible, the father harbored
anger and hostility, and visitation occurred
in an atmosphere of tension and distrust.
S.F.E. in Interest of T.I.E., 981 P.2d 642
(Colo. App. 1998).
A specific order, containing limitations
on father's parenting time, was
Colorado Revised Statutes 2026
Title 19 - Children's Code
-794-
appropriate where the evidence showed a
lack of cooperation between the parties.
Under such circumstances, a general order
does not meet the purposes for which
parenting time is intended. S.F.E. in Interest
of T.I.E., 981 P.2d 642 (Colo. App. 1998).
Not all medical expenses allocated. To
harmonize this section and § 19 -4-129, only
uninsured medical expenses exceeding $100
for enumerated health problems may be
apportioned between the parties in a
paternity action filed on or after July 1,
1988. S.F.E. in Interest of T.I.E., 981 P.2d
642 (Colo. App. 1998).
Cost of a nanny may be included in the
calculation of child support. S.F.E. in
Interest of T.I.E., 981 P.2d 642 (Colo. App.
1998).
Mother not precluded from bringing a
paternity action under this section after
conclusion of an action under the UDMA.
Although the issue of paternity had been
established in the UDMA action, the issue of
whether the mother was entitled to birth -
related costs was unresolved and could not
have been resolved in prior action. In re
G.E.R., 264 P.3d 637 (Colo. App. 2011).
19-4-117. Costs.
The court shall order reasonable fees of counsel, experts, and the child's guardian ad litem and
other costs of the action and pretrial proceedings, including genetic tests, to be paid by the parties
in proportions and at times determined by the court. In any action brought pursuant to article 13
or 13.5 of title 26, C.R.S., the final costs of any genetic tests or other tests of inherited
characteristics shall be assessed against the nonprevailing party on the parentage issue.
Source: L. 87: Entire title R&RE, p. 799, § 1, effective October 1. L. 92: Entire section
amended, p. 183, § 2, effective August 1. L. 97: Entire section amended, p. 563, § 11, effective
July 1.
Editor's note: 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 -6-117 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This section and § 13 -25-126 are
inconsistent on the question of who bears
the cost of additional blood tests in paternity
Colorado Revised Statutes 2026
Title 19 - Children's Code
-795-
actions, but § 13 -25-126 controls. L.D.G. v.
E.R., 723 P.2d 746 (Colo. App. 1986).
Attorney fees. This section does not
predicate an award of attorney fees and costs
upon a showing of bad faith. In re C.R.A.H.,
647 P.2d 239 (Colo. App. 1981).
Expert witness fees. Expert witnesses are
entitled to fees for the time actually spent in
the courtroom. In re C.R.A.H., 647 P.2d 239
(Colo. App. 1981).
Mileage fees for out -of-state witnesses.
Out-of-state witnesses not under subpoena
are not entitled to a mileage fee. In re
C.R.A.H., 647 P.2d 239 (Colo. App. 1982).
Determination as to payment of
guardian ad litem fees is within discretion
of the juvenile court, and its decision will
not be disturbed on appeal absent a clear
abuse of that discretion. G.K.D. v. R.A.D.,
759 P.2d 851 (Colo. App. 1988).
Section dictates that the trial court
assess the costs of the genetic tests against
the nonprevailing parties, here the mother
and the county department of social
services, even though there was a
presumption of paternity based on the
father's acknowledgment of paternity on the
birth certificate. People ex rel. L.J.P., 2 P.3d
140 (Colo. App. 2000).
Applied in In Interest of D.R.V ., 885 P.2d
351 (Colo. App. 1994).
19-4-118. Enforcement of judgment or order.
(1) If existence of the father and child relationship is declared, or paternity or a duty of
support has been acknowledged or adjudicated under this article or under prior law, the
obligation of the father may be enforced in the same or other proceedings by the mother, the
child, or the public authority that has furnished or may furnish the reasonable expenses of
pregnancy, confinement, education, support, or funeral, or by any other person, including a
private agency, to the extent he has furnished or is furnishing these expenses.
(2) The court may order support payments to be made to the obligee, the clerk of the court,
in those cases in which the executive director of the department of human services has notified
the state court administrator pursuant to section 26 -13-114 (5), C.R.S., that the judicial district in
which the court is situated is ready to participate in the family support registry, through the
family support registry, or a person, corporation, or agency designated to administer them for the
benefit of the child under the supervision of the court. The court may not order payments to be
made to the clerk of the court once payments may be made through the family support registry.
(3) Willful failure to obey the judgment or order of the court is a civil contempt of the court.
All remedies for the enforcement of judgments apply.
(4) In making any order for support pursuant to this section, the court shall take into
consideration the capability of both parents to provide support.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-796-
Source: L. 87: Entire title R&RE, p. 799, § 1, effective October 1. L. 98: (2) amended, p. 766,
§ 16, effective July 1.
Editor's note: 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 -6-118 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Applied in Deeb v. Morris, 14 B.R. 217
(D. Colo. 1981).
19-4-119. Modification of judgment or order.
(1) The court has continuing jurisdiction to modify or revoke a judgment or order:
(a) For future education and support; and
(b) With respect to matters listed in sections 19 -4-116 (3) and (4) and 19 -4-118 (2); except
that a court entering a judgment or order for the payment of a lump sum or the purchase of an
annuity under section 19 -4-116 (4) may specify that the judgment or order may not be modified
or revoked.
(2) The court may modify an order of support only in accordance with the provisions of and
the standard for modification in section 14-10-122, C.R.S.
(3) The trial court retains jurisdiction to modify an order concerning child support or
concerning the allocation of parental rights and responsibilities based on a change in
circumstances during the pendency of an appeal.
Source: L. 87: Entire title R&RE, p. 799, § 1, effective October 1. L. 90: (2) added, p. 892, §
16, effective July 1. L. 2021: (3) added, (HB 21-1031), ch. 116, p. 451, § 7, effective May 7.
Editor's note: (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 -6-119
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-797-
(2) Section 8 of chapter 116 (HB 21 -1031), Session Laws of Colorado 2021, provides that the
act changing this section applies to any request to modify an order appealed on, after, or before
May 7, 2021.
Cross references: For the legislative declaration in HB 21 -1031, see section 1 of chapter 116,
Session Laws of Colorado 2021.
ANNOTATION
Unless an order specifically states that
it is not subject to modification, a trial
court may modify a lump -sum child support
order. M.F. v. L.M., 780 P.2d 69 (Colo. App.
1989) (decided under former § 19 -6-119 as
it existed prior to the 1987 repeal and
reenactment of this title).
Continuing jurisdiction of the trial
court under this section allows
appointment of a guardian ad litem even
after the entry of permanent orders when
deemed necessary by the court. Such
appointment may be made on motion of a
party or on the court's own motion; however,
appointment of a guardian ad litem after the
entry of permanent orders should not be
done as a matter of course. In Interest of
A.R.W., 903 P.2d 10 (Colo. App. 1994).
In paternity proceedings, juvenile court
must make and modify permanent orders
regarding parenting time in accordance with
the Uniform Dissolution of Marriage Act, §
14-10-101 et seq. People in Interest of
S.E.G., 934 P.2d 920 (Colo. App. 1997).
19-4-120. Represented by counsel.
At the pretrial hearing and in further proceedings, any party may be represented by counsel or
a licensed legal paraprofessional, but a licensed legal paraprofessional shall not engage in any
tasks or activities that are prohibited by the Colorado supreme court pursuant to court rules.
Source: L. 87: Entire title R&RE, p. 799, § 1, effective October 1. L. 2024: Entire section
amended, (HB 24-1291), ch. 131, p. 473, § 24, effective August 7.
Editor's note: 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 -6-120 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-798-
19-4-121. Hearings and records - confidentiality. (Repealed)
Source: L. 87: Entire title R&RE, p. 800, § 1, effective October 1. L. 90: Entire section
repealed, p. 1012, § 8, effective July 1.
19-4-122. Action to declare mother and child relationship.
Any interested party may bring an action to determine the existence or nonexistence of a
mother and child relationship. Insofar as practicable, the provisions of this article applicable to
the father and child relationship apply.
Source: L. 87: Entire title R&RE, p. 800, § 1, effective October 1.
Editor's note: 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 -6-122 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Applied in In re S.N.V ., 284 P.3d 147
(Colo. App. 2011).
19-4-123. Promise to render support.
(1) Any promise in writing to furnish support for a child, growing out of a supposed or
alleged father and child relationship, does not require consideration and is enforceable according
to its terms, subject to section 19-4-107 (4).
(2) In the best interest of the child or the mother, the court may, and upon the promisor's
request shall, order the promise to be kept in confidence and designate a person or agency to
receive and disburse on behalf of the child all amounts paid in performance of the promise.
Source: L. 87: Entire title R&RE, p. 800, § 1, effective October 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-799-
Editor's note: 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 -6-123 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
19-4-124. Birth records.
(1) Upon order of a court of this state or upon an order issued and filed pursuant to article
13.5 of title 26, C.R.S., or upon request of a court of another state, the state registrar of vital
statistics shall prepare a new certificate of birth consistent with the findings of the court and shall
substitute the new certificate for the original certificate of birth.
(2) The fact that the father and child relationship was declared after the child's birth shall not
be ascertainable from the new certificate, but the actual place and date of birth shall be shown.
(3) The evidence upon which the new certificate was made and the original birth certificate
shall be kept in a sealed and confidential file and be subject to inspection only upon consent of
the court and all interested persons or, in exceptional cases only, upon an order of the court for
good cause shown.
Source: L. 87: Entire title R&RE, p. 800, § 1, effective October 1. L. 89: (1) amended, p.
1247, § 6, effective April 1.
Editor's note: 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 -6-124 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
19-4-125. "Father" defined.
In case of a maternity suit against a purported mother, where appropriate in the context, the
word "father" shall mean "mother".
Source: L. 87: Entire title R&RE, p. 800, § 1, effective October 1.
Editor's note: 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 -6-127 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-800-
ANNOTATION
Applied in In re S.N.V ., 284 P.3d 147
(Colo. App. 2011).
19-4-126. Uniformity of application and construction.
This article shall be applied and construed to effectuate its general purpose to make uniform
the law with respect to the subject of this article among states enacting it.
Source: L. 87: Entire title R&RE, p. 800, § 1, effective October 1.
Editor's note: 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 -6-128 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
19-4-127. Severability.
If any provision of this article or the application thereof to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of the article which can be
given effect without the invalid provision or application, and, to this end, the provisions of this
article are severable.
Source: L. 87: Entire title R&RE, p. 800, § 1, effective October 1.
Editor's note: 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 -6-129 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Applied in Jefferson County Dept. of
Soc. Servs. v. D.A.G., 199 Colo. 315, 607
P.2d 1004 (1980).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-801-
19-4-128. Right to trial to court.
Any party may demand a trial to the court to determine the existence or nonexistence of the
parent and child relationship. No party may demand a jury trial, and notwithstanding any demand
which may have been made, trial shall be to the court and not to a jury.
Source: L. 88: Entire section added, p. 746, § 15, effective July 1. L. 92: Entire section
amended, p. 183, § 3, effective August 1. L. 94: Entire section amended, p. 1542, § 16, effective
May 31. L. 97: Entire section amended, p. 1276, § 17, effective July 1.
Cross references: For the legislative declaration contained in the 1997 act amending this
section, see section 1 of chapter 236, Session Laws of Colorado 1997.
19-4-129. Child support - guidelines - schedule of basic support obligations.
The provisions of section 14 -10-115, C.R.S., shall apply to all child support obligations,
established or modified, as part of any proceeding under this article, whether filed on or
subsequent to July 1, 1988.
Source: L. 88: Entire section added, p. 746, § 15, effective July 1.
ANNOTATION
Trial court may deviate from presumed
amount of support in § 14 -10-115
according to the criteria listed in § 19 -4-116
(6) so long as it enters findings that allow an
appellate court and the parties to discern the
reasons for the deviation. In Interest of
D.R.V ., 885 P.2d 351 (Colo. App. 1994).
Court must allocate dependency
exemption between the parties based on
their respective gross incomes pursuant to §
14-10-115. Federal tax law contemplates
such an allocation, and does not preempt it.
S.F.E. in Interest of T.I.E., 981 P.2d 642
(Colo. App. 1998).
Not all medical expenses allocated. To
harmonize this section and § 19 -4-116, only
uninsured medical expenses exceeding $100
for enumerated health problems may be
apportioned between the parties in a
paternity action filed on or after July 1,
1988. S.F.E. in Interest of T.I.E., 981 P.2d
642 (Colo. App. 1998).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-802-
19-4-130. Temporary orders for allocation of parental responsibilities.
(1) Upon the filing of any proceeding under this article 4 or under article 13.5 of title 26, the
court shall, upon motion of a party, enter a temporary or permanent order allocating parental
responsibilities that allocates the decision -making responsibility and parenting time of the child
until further order of the court.
(2) Subsection (1) of this section does not apply to any parentage determination made
pursuant to section 14-5-402.
Source: L. 92: Entire section added, p. 184, § 4, effective August 1. L. 96: Entire section
amended, p. 612, § 14, effective July 1. L. 98: (1) amended, p. 1410, § 72, effective February 1,
1999. L. 2015: (2) amended, (HB 15 -1198), ch. 173, p. 568, § 35, effective July 1. L. 2023:
Entire section amended, (SB 23-173), ch. 330, p. 1982, § 23, effective June 2.
ARTICLE 4.5
Colorado Surrogacy Agreement Act
19-4.5-101. Short title.
19-4.5-102. Legislative declaration.
19-4.5-103. Definitions.
19-4.5-104. Eligibility requirements.
19-4.5-105. Process requirements for a
surrogacy agreement.
19-4.5-106. Required contents of
surrogacy agreement.
19-4.5-107. Effect of subsequent change
of marital status.
19-4.5-108. Termination of surrogacy
agreement.
19-4.5-109. Establishment of parent-child
relationship under
surrogacy agreement.
19-4.5-110. Parentage of deceased
intended parent under
surrogacy agreement.
19-4.5-111. Court order of parentage
under surrogacy
agreement.
19-4.5-112. Effect of surrogacy
agreement.
19-4.5-113. Duty to support.
19-4.5-114. Certain provisions of law not
applicable to surrogacy
agreements.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-803-
19-4.5-101. Short title.
The short title of this article 4.5 is the "Colorado Surrogacy Agreement Act".
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 409, § 1, effective May 6.
19-4.5-102. Legislative declaration.
(1) The general assembly finds and declares that surrogacy agreements executed pursuant to
this article 4.5 are in accord with the public policy of this state.
(2) The general assembly further finds and declares that the purpose of this article 4.5 is to:
(a) Establish consistent standards and procedural safeguards to promote the best interests of
the children who are born as a result of surrogacy agreements executed pursuant to this article
4.5;
(b) Protect all parties involved in surrogacy agreements executed pursuant to this article 4.5;
and
(c) Recognize the technological advances in assisted reproductive medicine and allow the
use of these advances by intended parents and gestational surrogates and genetic surrogates
according to the public policy of this state.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 409, § 1, effective May 6.
19-4.5-103. Definitions.
As used in this article 4.5, unless the context otherwise requires:
(1) "Assisted reproduction" means a method of causing pregnancy through means other than
by sexual intercourse. In the foregoing context, the term includes, but is not limited to:
(a) Intrauterine or intracervical insemination;
(b) Donation of eggs or sperm;
(c) Donation of embryos;
(d) In vitro fertilization and embryo transfer;
(e) Intracytoplasmic sperm injection; and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-804-
(f) Assisted reproductive technology.
(2) "Child" means an individual or individuals born pursuant to assisted reproduction whose
parentage may be determined under this article 4.5 or other law.
(3) "Compensation" means payment of any valuable consideration for time, effort, support,
pain, or risk.
(4) "Donor" means an individual who provides gametes intended for use in assisted
reproduction, whether or not for consideration. "Donor" does not include a person who gives
birth to a child conceived by assisted reproduction, except in the case of genetic surrogacy, or an
individual who is a parent under the rules governing the parentage of children conceived through
assisted reproduction.
(5) "Embryo" means a fertilized egg that has the potential to develop into a fetus if
transferred into a uterus.
(6) "Embryo transfer" or "transfer" means the placement of an embryo into a uterus.
(7) "Gamete" means a cell containing a haploid complement of DNA that has the potential to
form an embryo when combined with another gamete. Sperm and eggs are gametes.
(8) "Genetic surrogate" means an individual who is not an intended parent and who agrees to
become pregnant through assisted reproduction using their own donated gametes, under a
surrogacy agreement as provided in this article 4.5.
(9) "Gestational surrogate" means an individual who is not an intended parent and who
agrees to become pregnant through assisted reproduction using gametes that are not their own,
under a surrogacy agreement as provided in this article 4.5.
(10) "Intended parent" means an individual, married or unmarried, who manifests an intent
to be legally bound as a parent of a child conceived by assisted reproduction.
(11) "Licensed mental health professional" means a certificate holder or licensee, as those
terms are defined in section 12-245-202, certified or licensed pursuant to article 245 of title 12.
(12) "Medical evaluation" means a complete consultation with and evaluation by a licensed
medical doctor.
(13) "Mental health consultation" means a consultation with and, when required by this
article 4.5, an assessment by a licensed mental health professional.
(14) "Surrogacy agreement" means an agreement between one or more intended parents and
an individual who is not an intended parent in which the individual agrees to become pregnant
through assisted reproduction and that provides that each intended parent is a parent of a child
conceived under the agreement. Unless otherwise specified, the term refers to both a gestational
surrogacy agreement and a genetic surrogacy agreement.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-805-
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 410, § 1, effective May 6. L.
2022: (11) amended, (SB 22-212), ch. 421, p. 2973, § 42, effective August 10.
19-4.5-104. Eligibility requirements.
(1) To execute an agreement to act as a gestational surrogate or genetic surrogate, an
individual must:
(a) Be at least twenty-one years of age;
(b) Previously have given birth to at least one child;
(c) Complete a medical evaluation related to the surrogacy arrangement by a licensed
medical doctor;
(d) Complete a mental health consultation by a licensed mental health professional; and
(e) Have independent legal representation of their choice by an attorney licensed in this state
throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the
potential legal consequences of the agreement.
(2) To execute a surrogacy agreement, each intended parent, whether or not genetically
related to the child, must:
(a) Be at least twenty-one years of age;
(b) Complete a medical evaluation related to the surrogacy arrangement by a licensed
medical doctor; and
(c) Have independent legal representation of the intended parent's or parents' choice by an
attorney licensed in this state throughout the surrogacy arrangement regarding the terms of the
surrogacy agreement and the potential legal consequences of the agreement.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 411, § 1, effective May 6.
19-4.5-105. Process requirements for a surrogacy agreement.
(1) A surrogacy agreement must be executed in compliance with the following rules:
(a) At least one party must be a resident of this state, or the birth will occur or is anticipated
to occur in this state, or the assisted reproduction performed pursuant to the surrogacy agreement
will occur in this state;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-806-
(b) A gestational surrogate or genetic surrogate and each intended parent must meet the
requirements of section 19-4.5-104;
(c) Each intended parent, the gestational surrogate or genetic surrogate, and the surrogate's
spouse, if any, must be parties to the agreement;
(d) Each party listed in subsection (1)(c) of this section shall sign the agreement;
(e) The signature of each party to the agreement must be attested by a notarial officer;
(f) The intended parent or parents may pay for independent legal representation for the
gestational surrogate or genetic surrogate; and
(g) The agreement must be executed before a medical procedure occurs related to the
surrogacy agreement, other than the medical evaluation and mental health consultation required
by section 19-4.5-104.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 412, § 1, effective May 6.
19-4.5-106. Required contents of surrogacy agreement.
(1) A surrogacy agreement must comply with the following requirements:
(a) A gestational surrogate or genetic surrogate agrees to attempt to become pregnant by
means of assisted reproduction;
(b) Except as otherwise provided in section 19 -4.5-111, the gestational surrogate or genetic
surrogate and the surrogate's spouse or former spouse, if any, have no claim to parentage of a
child conceived by assisted reproduction under the agreement;
(c) The gestational surrogate or genetic surrogate's spouse, if any, must acknowledge and
agree to comply with the obligations imposed on the surrogate by the agreement;
(d) Except as otherwise provided in section 19 -4.5-111, the intended parent, or, if there are
two intended parents, each one jointly and severally, immediately on birth will be the exclusive
parent or parents of the child, regardless of number of children born or gender or mental or
physical condition of each child;
(e) Except as otherwise provided in section 19 -4.5-111, the intended parent, or, if there are
two intended parents, each parent jointly and severally, immediately on birth will assume
responsibility for the financial support of the child, regardless of the number of children born or
gender or mental or physical condition of each child;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-807-
(f) The agreement must include information disclosing how each intended parent will cover
the agreed -upon expenses of the gestational surrogate or genetic surrogate, the assisted
reproduction expenses, and the medical expenses for the surrogate and the child;
(g) The agreement must permit the gestational surrogate or genetic surrogate to make all
health and welfare decisions regarding themselves and the pregnancy;
(h) The agreement must include information about each party's right under this article 4.5 to
terminate the surrogacy agreement.
(2) A surrogacy agreement may provide for:
(a) Payment of compensation, support, and reasonable expenses; and
(b) Reimbursement of specific agreed -upon expenses if the agreement is terminated under
this article 4.5.
(3) A right created under a surrogacy agreement is not assignable and there is no third -party
beneficiary of the agreement other than the child.
(4) In the event that any of the requirements of this section are not met, a court of competent
jurisdiction shall determine parentage based on the parties' intent.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 412, § 1, effective May 6.
19-4.5-107. Effect of subsequent change of marital status.
(1) Unless a surrogacy agreement expressly provides otherwise:
(a) The marriage of a gestational surrogate or genetic surrogate after the agreement is signed
by all parties does not affect the validity of the agreement, their spouse's consent to the
agreement is not required, and their spouse is not a presumed parent of a child conceived by
assisted reproduction under the agreement; and
(b) The dissolution, annulment, declaration of invalidity, legal separation, or separate
maintenance of the gestational surrogate or genetic surrogate after the agreement is signed by all
parties does not affect the validity of the agreement.
(2) Unless a surrogacy agreement expressly provides otherwise:
(a) The marriage of an intended parent after the agreement is signed by all parties does not
affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is
not required, and the spouse of the intended parent is not, based on the agreement, a parent of a
child conceived by assisted reproduction under the agreement; and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-808-
(b) The dissolution, annulment, declaration of invalidity, legal separation, or separate
maintenance of an intended parent after the agreement is signed by all parties does not affect the
validity of the agreement and, except as otherwise provided in section 19 -4.5-110 or 19-4.5-112,
the intended parents are the parents of the child.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 413, § 1, effective May 6.
19-4.5-108. Termination of surrogacy agreement.
(1) A party to a surrogacy agreement may terminate the agreement, at any time before a
gamete or an embryo transfer, by giving notice of termination in a record to all other parties. If a
gamete or an embryo transfer does not result in a pregnancy, a party may terminate the
agreement at any time before a subsequent gamete or embryo transfer.
(2) Unless a surrogacy agreement provides otherwise, on termination of the agreement
pursuant to subsection (1) of this section, the parties are released from the agreement; except that
each intended parent remains responsible for expenses that are reimbursable under the agreement
and incurred by the gestational surrogate or genetic surrogate through the date of termination.
(3) Except in a case involving fraud, no party is liable to any other party for a penalty or
liquidated damages for terminating a surrogacy agreement under this section.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 414, § 1, effective May 6.
19-4.5-109. Establishment of parent-child relationship under surrogacy agreement.
(1) Except as otherwise provided in subsection (3) of this section or section 19-4.5-110 (2) or
19-4.5-112, on birth of a child conceived by assisted reproduction under a surrogacy agreement,
each intended parent is, by operation of law, a parent of the child.
(2) Except as otherwise provided in subsection (3) of this section or section 19 -4.5-112,
neither a gestational surrogate or genetic surrogate nor the surrogate's spouse or former spouse, if
any, is a parent of the child.
(3) If a child is alleged to be a genetic child of the individual who agreed to be a gestational
surrogate, the court shall order genetic testing of the child. If the child is a genetic child of the
individual who agreed to be a gestational surrogate, parentage must be determined based on
article 4 of this title 19.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-809-
(4) Except as otherwise provided in subsection (3) of this section or section 19-4.5-110 (2) or
19-4.5-112, if, due to a clinical or laboratory error, a child conceived by assisted reproduction
under a surrogacy agreement is not genetically related to an intended parent or a donor who
donated to the intended parent or parents, each intended parent, and not the gestational surrogate
or genetic surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child,
subject to any other claim of parentage.
(5) A donor is not a parent of a child conceived by assisted reproduction.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 414, § 1, effective May 6.
19-4.5-110. Parentage of deceased intended parent under surrogacy agreement.
(1) Section 19 -4.5-109 applies to an intended parent even if the intended parent died during
the period between the transfer of a gamete or embryo and the birth of the child.
(2) Except as otherwise provided in section 19 -4.5-112, an intended parent is not a parent of
a child conceived by assisted reproduction under a surrogacy agreement if the intended parent
dies before the transfer of a gamete or embryo unless:
(a) The agreement provides otherwise; and
(b) The transfer of a gamete or embryo occurs not later than thirty-six months after the death
of the intended parent or birth of the child occurs not later than forty -five months after the death
of the intended parent.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 415, § 1, effective May 6.
19-4.5-111. Court order of parentage under surrogacy agreement.
(1) Except as otherwise provided in section 19 -4.5-110 (2) or 19-4.5-112, before, on, or after
the birth of a child conceived by assisted reproduction pursuant to a surrogacy agreement, a party
to the agreement may commence a proceeding in a juvenile court in this state by filing a petition
for determination of parent -child relationship with admissions of parentage, as applicable by the
intended parents, and admissions of nonparentage by the gestational surrogate or genetic
surrogate and their spouse, if any, as applicable and for an order or judgment:
(a) Declaring that each intended parent is a parent of the child and ordering that parental
rights and duties vest immediately on the birth of the child exclusively in each intended parent;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-810-
(b) Declaring that the gestational surrogate or genetic surrogate and the surrogate's spouse or
former spouse, if any, are not the parents of the child;
(c) Designating the content of the birth record in accordance with article 2 of title 25 and
directing the Colorado department of public health and environment or state registrar to
designate each intended parent as a parent of the child;
(d) To protect the privacy of the child and the parties, declaring that the court record is not
open to inspection;
(e) If necessary, that the child be surrendered to the intended parent or parents; and
(f) For other relief the court determines necessary and proper.
(2) The court may issue an order or judgment under subsection (1) of this section before the
birth of the child. The court shall stay enforcement of the order or judgment until the birth of the
child.
(3) Neither this state nor the Colorado department of public health and environment is a
necessary party to a proceeding under subsection (1) of this section.
(4) The petition described in subsection (1) of this section must set forth the facts of the
surrogacy arrangement.
(5) If a court order of parentage is issued in another state, the order must be registered with a
Colorado court of competent jurisdiction before being valid in this state.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 415, § 1, effective May 6.
19-4.5-112. Effect of surrogacy agreement.
(1) A surrogacy agreement that complies with sections 19 -4.5-104, 19-4.5-105, and 19-4.5-
106 is enforceable.
(2) If a child was conceived by assisted reproduction under a surrogacy agreement that does
not comply with sections 19 -4.5-104, 19-4.5-105, and 19 -4.5-106, the court shall determine the
rights and duties of the parties to the agreement consistent with the intent of the parties at the
time of execution of the agreement. Each party to the agreement and any individual who at the
time of the execution of the agreement was a spouse of a party to the agreement has standing to
maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.
(3) Except as expressly provided in a surrogacy agreement or in subsection (4) or (5) of this
section, if the agreement is breached by the gestational surrogate or genetic surrogate or one or
Colorado Revised Statutes 2026
Title 19 - Children's Code
-811-
more intended parents, the nonbreaching party is entitled to the remedies available at law or in
equity.
(4) Specific performance is not a remedy available for breach by a gestational surrogate or
genetic surrogate of a provision in the agreement that the surrogate be impregnated, terminate or
not terminate a pregnancy, or submit to medical procedures.
(5) Except as otherwise provided in subsection (4) of this section, if an intended parent is
determined to be a parent of the child, specific performance is a remedy available for:
(a) Breach of the agreement by a gestational surrogate or genetic surrogate which prevents
the intended parent from exercising immediately on birth of the child the full rights of parentage;
or
(b) Breach by the intended parent which prevents the intended parent's acceptance,
immediately on birth of the child conceived by assisted reproduction under the agreement, of the
duties of parentage.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 416, § 1, effective May 6.
19-4.5-113. Duty to support.
(1) The establishment of the parent and child relationship pursuant to a valid surrogacy
agreement, court order of parentage, and this article 4.5 is the basis upon which an action for
child support may be brought against the intended parent and acted upon by the court or the
delegate child support enforcement unit without further evidentiary proceedings.
(2) The breach of the surrogacy agreement by the intended parent does not relieve the
intended parent of the support obligations imposed by the parent and child relationship pursuant
to the provisions of this article 4.5.
(3) The donor is not the legal parent of the child thereby conceived and has no rights or
duties stemming from the conception of the child.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 417, § 1, effective May 6.
19-4.5-114. Certain provisions of law not applicable to surrogacy agreements.
(1) A surrogacy agreement is not considered:
(a) An adoption pursuant to article 5 of this title 19; or
Colorado Revised Statutes 2026
Title 19 - Children's Code
-812-
(b) A surrender of custody or termination of parental rights of the child by the donor in
violation of the requirements of article 3 of this title 19.
(2) The payment of reasonable expenses and support in connection with a valid surrogacy
agreement does not constitute a violation of section 19-5-213.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 417, § 1, effective May 6.
ARTICLE 5
Relinquishment and Adoption
PART 1
RELINQUISHMENT
19-5-100.2. Legislative declaration.
19-5-100.5. Applicability of article.
19-5-101. Termination of the parent-
child legal relationship.
19-5-102. Venue.
19-5-102.5. Relinquishment hearings -
court docket priority.
19-5-103. Relinquishment procedure -
petition - hearings.
19-5-103.5. Expedited relinquishment
procedure - children
under one year of age -
other birth parents -
notice - termination.
19-5-103.7. Anticipated expedited
relinquishment - children
under one year of age -
notice to other or possible
parent - administrative
procedures.
19-5-104. Final order of relinquishment.
19-5-105. Proceeding to terminate
parent-child legal
relationship.
19-5-105.5. Termination of parent-child
legal relationship upon a
finding that the child was
conceived as a result of
sexual assault - legislative
declaration - definitions.
19-5-105.7. Termination of parent-child
legal relationship in a
case of an allegation that
a child was conceived as
a result of sexual assault
but in which no
conviction occurred -
legislative declaration -
definitions.
19-5-106. Records. (Repealed)
19-5-107. When notice of
relinquishment
proceedings required.
(Repealed)
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19-5-108. When notice of
relinquishment
proceedings required.
19-5-109. Birth parent access to records
related to relinquishment
of parental rights.
PART 2
ADOPTION
19-5-200.2. Legislative declaration.
19-5-201. Who may be adopted.
19-5-202. Who may adopt.
19-5-202.5. Adoption hearings -
termination appeals -
court docket priority -
exceptions.
19-5-203. Availability for adoption.
19-5-203.5. Confirmatory adoption -
short title - definitions.
19-5-204. Venue.
19-5-205. Adoption decree of foreign
country approved.
19-5-205.5. Nonpublic agency interstate
and foreign adoptions -
authority for state
department to select
agencies - legislative
declaration.
19-5-206. Placement for purposes of
adoption.
19-5-207. Written consent and home
study report for public
adoptions - fingerprint-
based criminal history
record checks -
investigation - rules.
19-5-207.3. Placement of sibling groups.
19-5-207.5. Legislative declaration -
standardized home
studies - adoptive family
resource registry - rules.
19-5-208. Petition for adoption - open
adoption - post-adoption
contact agreement.
19-5-209. Petition - written home study
reports.
19-5-210. Hearing on petition.
19-5-211. Legal effects of final decree.
19-5-212. Copies of order of adoption -
to whom given.
19-5-213. Compensation for placing
child prohibited.
19-5-213.5. Unauthorized advertising for
adoption purposes -
exceptions - penalty -
definitions.
19-5-214. Limitation on annulment of
adoption - best interests
standard.
19-5-215. Records. (Repealed)
19-5-216. Increased access for adoption
- study.
19-5-217. Enforcement or termination
of post-adoption contact
agreement.
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PART 3
ACCESS TO ADOPTION INFORMATION
19-5-301. Legislative declaration.
19-5-302. Definitions. (Repealed)
19-5-303. Commission created - duties.
19-5-304. Confidential intermediaries -
confidential intermediary
services.
19-5-305. Access to adoption records -
contact with parties to
adoption - contact
preference form and
updated medical history
statement - definitions.
19-5-305.5. Access to personal records
relating to a former ward
of the state home for
dependent and neglected
children - other eligible
parties - definitions.
19-5-306. Public information campaign.
19-5-307. Child placement agency -
transfer of records.
PART 4
ACCESS TO NONIDENTIFYING
ADOPTION INFORMATION
19-5-401. Definitions. (Repealed)
19-5-402. Access to nonidentifying
information.
19-5-403. Authority for department to
select agencies.
PART 1
RELINQUISHMENT
19-5-100.2. Legislative declaration.
(1) The general assembly hereby finds that parental relinquishment and adoption of children
are important and necessary options to facilitate the permanent placement of minor children if
the birth parents are unable or unwilling to provide proper parental care. The general assembly
further finds that adoption offers significant psychological, legal, economic, and social benefits
not only for children who might otherwise be homeless but also for parents who are unable to
care for their children and for adoptive parents who desire children to nurture, care for, and
support. Conversely, the general assembly recognizes that disrupted adoptive placements often
have a profound and negative impact on individuals, particularly children, involved in the
adoption proceedings.
(2) It is the purpose of this article 5 to promote the integrity and finality of adoptions to
ensure that children placed in adoptive placements will be raised in stable, loving, and permanent
families. It is the further intent of the general assembly that a prospective parent with a disability
should not be denied the opportunity to provide a permanent adoptive placement for a child
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based solely on the parent's disability, as provided for in section 24 -34-805 (2). The general
assembly intends that by enacting this legislation, it will be protecting children from being
uprooted from adoptive placements and from the life -long emotional and psychological trauma
that often accompanies being indiscriminately moved.
Source: L. 94: Entire section added, p. 746, § 1, effective April 20. L. 2018: (2) amended,
(HB 18-1104), ch. 164, p. 1135, § 9, effective April 25.
ANNOTATION
Language of legislative declaration
should not be construed to recognize the
importance of the adoption process at the
cost of denying the rights of a fit
biological parent. M.C. v. Adoption
Choices of Colo., Inc., 2014 COA 161, 369
P.3d 659, rev'd on other grounds, 2015 CO
72, 363 P.3d 193.
Articles 3 and 5 of the Children's Code
are not interchangeable for purposes of
termination of parental rights. Parental
rights cannot be terminated under article 5 if
a dependency and neglect action under this
article 3 is still active. People in Interest of
E.M., 2016 COA 38M, 417 P.3d 843, aff'd
sub nom. People in Interest of L.M., 2018
CO 34, 416 P.3d 875.
19-5-100.5. Applicability of article.
Except where indicated otherwise, each provision of this article pertaining to relinquishment or
adoption shall apply only to child welfare adoptions and not to private adoptions.
Source: L. 2010: Entire section added, (HB 10-1106), ch. 278, p. 1273, § 4, effective May 26.
19-5-101. Termination of the parent-child legal relationship.
(1) The juvenile court may, upon petition, terminate the parent -child legal relationship
between a parent or parents, or a possible parent or parents, and a child in proceedings pursuant
to:
(a) Section 19-1-104 (1)(d);
(a.5) Section 19-5-103.5 (2)(d);
(b) Section 19-5-105;
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(c) Section 19-5-203 (1)(d), (1)(e), (1)(f), (1)(j), and (1)(k);
(d) Section 19-5-105.5; or
(e) Section 19-5-105.7.
(2) No parent shall relinquish the parent -child legal relationship with a child other than in
accordance with the provisions of this article.
(3) A termination by a court of a parent -child legal relationship pursuant to proceedings
under this section or any section described by subsection (1) of this section shall not be deemed
to terminate a sibling relationship between sibling children who are parties to the termination of
the parent-child legal relationship.
Source: L. 87: Entire title R&RE, p. 801, § 1, effective October 1. L. 99: (1) amended, p.
1065, § 9, effective June 1. L. 2007: (1) amended, p. 113, § 1, effective July 1. L. 2008: (3)
added, p. 2, § 2, effective August 5. L. 2013: (1)(b) and (1)(c) amended and (1)(d) added, (SB
13-227), ch. 353, p. 2057, § 2, effective July 1. L. 2025: (1) amended, (HB 25-1185), ch. 158, p.
634, § 1, effective August 6.
Editor's note: 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 -4-101 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For article, "The 1951
Amendments to the Relinquishment and
Adoption Laws", see 28 Dicta 227 (1951).
For article, "A Lawyer's Advice to the
Unmarried Mother", see 31 Dicta 112
(1954). For article, "One Year Review of
Domestic Relations", see 34 Dicta 108
(1957). For article, "The Adoption of
Children in Colorado", see 37 Dicta 100
(1960). For article, "Adoption Procedures of
Minor Children in Colorado", see 12 Colo.
Law. 1057 (1983).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Nothing prohibits court from
appointing a guardian ad litem (GAL)
should parent fail to appear in court. In re
R.L.S., 2019 COA 112, 451 P.3d 1249.
Father did not waive his request for a
GAL. Because he was in custody out of
state, unrepresented, and indigent, he could
not appear in court. In re R.L.S., 2019 COA
112, 451 P.3d 1249.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Paternal rights (now parent -child legal
relationships) may be forfeited by
abandonment of the child. Fulton v.
Martensen, 129 Colo. 125, 267 P.2d 658
(1954).
Statutory relinquishment cannot be
waived because it is a part of the court
process in such matters. It is necessary in
order that the parent be under the
jurisdiction of the court where the other
statutory provision of counseling and
guidance can be given. Fackerell v. District
Court, 133 Colo. 370, 295 P.2d 682 (1956).
An attempt to relinquish a minor child
to an individual is without any force or
effect. Consent alone adds nothing in the
way of giving jurisdiction to the court.
Fackerell v. District Court, 133 Colo. 370,
295 P.2d 682 (1956).
In a dependency and neglect case under
article 3, a parent's parental rights may
be terminated only through the Parent -
Child Legal Relationship Termination Act
of 1987, §§ 19-3-601 to 19-3-612. People in
Interest of E.M., 2016 COA 38M, 417 P.3d
843, aff'd sub nom. People in Interest of
L.M., 2018 CO 34, 416 P.3d 875.
19-5-102. Venue.
(1) A petition for relinquishment of the parent -child relationship shall be filed in the county
where the child resides or in the county where the petitioner resides. If a child placement agency
is involved, the petition may be filed in the county where the child placement agency is located.
(2) A petition for termination of the parent -child legal relationship pursuant to section 19 -5-
105.5 or section 19 -5-105.7 must be filed in the county where the child resides or in the county
where the petitioner resides.
Source: L. 87: Entire title R&RE, p. 801, § 1, effective October 1. L. 88: Entire section
R&RE, p. 746, § 16, effective July 1. L. 89: Entire section amended, p. 938, § 1, effective March
21. L. 2014: Entire section amended, (HB 14-1162), ch. 167, p. 591, § 5, effective July 1.
Editor's note: 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 -1-105 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
19-5-102.5. Relinquishment hearings - court docket priority.
(1) On and after July 1, 2002, any hearing concerning a petition for relinquishment filed in a
district court, the Colorado court of appeals, or the Colorado supreme court shall be given a
priority on the court's docket. On and after July 1, 2002, if there is no determination on a case
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concerning a petition for relinquishment by any such court within two months of the filing of the
petition, it shall be given a priority on the court's docket that supersedes the priority of any other
priority civil hearing on the court's docket.
(2) Notwithstanding the provisions of subsection (1) of this section, nothing in this section
shall affect the priority of a hearing concerning the issuance of a temporary protection order
pursuant to section 13-14-104.5, C.R.S.
(3) The provisions of this section shall be implemented within existing appropriations.
Source: L. 2002: Entire section added, p. 1644, § 2, effective July 1. L. 2003: (2) amended, p.
1016, § 27, effective July 1. L. 2004: (2) amended, p. 556, § 15, effective July 1. L. 2013: (2)
amended, (HB 13-1259), ch. 218, p. 1016, § 21, effective July 1.
19-5-103. Relinquishment procedure - petition - hearings.
(1) Any parent desiring to relinquish his or her child shall:
(a) Obtain counseling for himself or herself and the child to be relinquished as the court
deems appropriate from the county department of human or social services in the county where
the parent resides or from a licensed child placement agency, and, if the petitioner has not
received the counseling required by the court, the petition must be continued until counseling is
obtained, and the court shall refer the petitioner to counseling;
(b) (I) Petition the juvenile court upon a standardized form prescribed by the judicial
department giving the following information: The name of both natural parents, if known; the
name of the child, if named; the ages of all parties concerned; and the reasons for which
relinquishment is desired.
(II) The petition shall be accompanied by a standardized affidavit of relinquishment
counseling prescribed by the judicial department that includes:
(A) A statement indicating the nature and extent of counseling furnished to the petitioner, if
any, and the recommendations of the counselor;
(B) A copy of the original birth certificate or a copy of the application therefor; and
(C) A statement disclosing any and all payments, gifts, assistance, goods, or services
received, promised, or offered to the relinquishing parent in connection with the pregnancy, birth,
or proposed relinquishment of the child and the source or sources of such payments, gifts,
assistance, goods, or services.
(1.5) (a) Pursuant to article 1.2 of this title 19, the petition for relinquishment must:
Colorado Revised Statutes 2026
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(I) Include a statement indicating whether the child is an Indian child; and
(II) 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 Indian child's parent or Indian custodian and to the Indian
child's tribe pursuant to article 1.2 of this title 19, the postal receipts must be attached to the
petition and filed with the court or filed within fourteen days after the filing of the petition, as
specified in article 1.2 of this title 19.
(2) The counseling specified in subsection (1)(a) of this section and provided by the
department or the child placement agency shall include, but not be limited to, the following:
(a) Information to the relinquishing parent concerning the permanence of the decision and
the impact of such decision on the relinquishing parent now and in the future;
(b) Information concerning each parent's complete medical and social histories;
(c) In the case of pregnancy, referral of the woman for medical care and for determination of
eligibility for medical assistance;
(d) Information concerning alternatives to relinquishment and referral to private and public
resources that may meet the parent's needs;
(e) Relinquishment services necessary to protect the interests and welfare of a child born in a
state institution;
(f) Information to the child's parent that if he or she applies for public assistance for himself
or herself and the child, he or she must cooperate with the child support enforcement unit for the
establishment and enforcement of a child support order; and
(g) The confidentiality of all information, except for nonidentifying information as defined in
section 19 -1-103 that may be accessed pursuant to part 4 of this article 19, obtained by the
department and the child placement agency in the course of relinquishment counseling unless the
parent provides written permission or a release of information is ordered by a court of competent
jurisdiction and except for a copy of an original birth certificate that may be obtained by an adult
adoptee, adult descendant of an adoptee, or a legal representative of the adoptee or descendant as
authorized by section 19 -5-305. The counseling must also include notice that a birth parent has
the opportunity to file a written statement specifying that the birth parent's information remain
confidential, an explanation of the rights and responsibilities of birth parents who disagree about
consent as set forth in section 19 -5-305, and notice that a birth parent has the opportunity to sign
and submit a contact preference form and updated medical history statements to the state
registrar as set forth in section 19-5-305 (1.5).
(2.5) In those cases in which a parent proposes to relinquish his or her parent -child legal
relationship with respect to a child who is under one year of age pursuant to the expedited
procedures set forth in section 19 -5-103.5, the licensed child placement agency or the county
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department of human or social services assisting the relinquishing parent shall proceed with
filing the petition and providing notice as set forth in section 19-5-103.5.
(3) Upon receipt of the petition for relinquishment, the court shall set the same for hearing
on the condition that the requirements of subsection (1) of this section have been complied with
by the petitioner.
(4) (a) Except as otherwise provided in section 19 -5-103.5 (2)(d), the parent -child legal
relationship of a parent shall not be terminated by relinquishment proceedings unless the parent
joins in the petition.
(b) The relinquishing parent, child placement agency, and county department of human or
social services shall provide the court any and all information described in section 19 -1-103
(103) that is available to the relinquishing parent, agency, or county department.
(c) When a motion has been filed to terminate parental rights, a respondent parent with a
pending dependency and neglect case brought pursuant to article 3 of this title 19 may pursue
relinquishment pursuant to this article 5. Any relinquishment that occurs pursuant to this article 5
must be certified into the dependency and neglect case. In any case where a respondent parent
has relinquished the parent's rights pursuant to this article 5, the juvenile court shall follow the
procedures set forth in part 6 of article 3 of this title 19 to terminate any remaining respondent
parent rights. When a motion has been filed to terminate parental rights pursuant to section 19 -3-
604, the caseworker shall, upon request by a parent and if services are available, refer the
requesting parent to relinquishment counseling. The county shall make reasonable attempts to
refer relinquishment services that are accessible to the parent.
(5) The court shall not issue an order of relinquishment until it is satisfied that the
relinquishing parent and the child, if determined appropriate by the court, have been counseled
pursuant to subsection (1) of this section and this subsection (5) and fully advised of the
consequences of the parent's act. The court may order counseling for any age child to be
relinquished if the court deems such counseling would be in the child's best interests. The court
may order that a child younger than twelve years of age be prepared for relinquishment,
termination of parental rights, or adoption.
(6) If the court finds after the hearing that it is in the best interests of the child that no
relinquishment be granted, the court shall enter an order dismissing the action.
(7) (a) The court shall enter an order of relinquishment if the court finds after the hearing
that:
(I) The relinquishing parent or parents and any child that the court directed into counseling
have been counseled as provided in subsections (1) and (5) of this section; and
(II) The parent's decision to relinquish is knowing and voluntary and not the result of any
threats, coercion, or undue influence or inducements; and
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(III) The relinquishment would best serve the interests of the child to be relinquished.
(b) There shall be a rebuttable presumption that a relinquishment would not be in the child's
best interests if the child is twelve years of age or older and objects to the relinquishment.
(8) If the court is not satisfied that the relinquishing parents and the child, if twelve years of
age or older, have been offered proper and sufficient counsel and advice, it shall continue the
matter for such time as the court deems necessary.
(9) (a) The court may appoint a guardian ad litem to protect the interests of the child if:
(I) The court finds that there is a conflict of interest between the child and the child's parents,
guardian, or legal custodian;
(II) The court finds that such appointment would be in the best interests of the child; or
(III) The court determines that the child is twelve years of age or older and that the welfare
of the child mandates such appointment. If counsel for youth is appointed pursuant to article 3 of
this title 19, the counsel for youth is appointed pursuant to this section.
(b) Reasonable fees for guardians ad litem or counsel for youth appointed pursuant to this
subsection (9) must be paid by the relinquishing parent or parents; except that, in the case of an
indigent parent or parents, such fees must be paid as an expense of the state from annual
appropriations to the office of the child's representative.
(10) The court may interview the child in chambers to ascertain the child's wishes as to the
relinquishment proceedings. The court may permit counsel to be present at such an interview.
The court shall cause a record of the interview to be made, and it shall be made a part of the
record in the case.
(11) The court may seek the advice of professional personnel whether or not said personnel
are employed on a regular basis by the court. Any advice given by professional persons shall be
in writing and shall be made available by the court to attorneys of record, to the parties, and to
any other expert witnesses upon request, but it shall be considered confidential for any other
purposes, shall be sealed, and shall not be open to inspection except by consent of the court.
Attorneys of record may call for the cross -examination of any professional persons consulted by
the court.
(12) The provisions of this section, including but not limited to relinquishment counseling,
notification, and the relinquishment hearing, shall apply in any case involving a child in
Colorado or for whom Colorado is the home state as described in section 14 -13-102 (7), C.R.S.,
including any case in which it is proposed that the child to be relinquished will be relinquished or
adopted outside the state of Colorado.
(13) (a) (I) If a child was conceived as a result of an act that led to a parent's conviction for
sexual assault or for a conviction of an act in which the underlying factual basis was sexual
Colorado Revised Statutes 2026
Title 19 - Children's Code
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assault, the victim of the sexual assault or crime may file a petition in the juvenile court to
prevent future contact with the parent who committed the sexual assault and to relinquish the
parent-child legal relationship of the victim of the sexual assault or crime.
(II) A person who alleges that they are a victim of sexual assault and who alleges that a child
was conceived as a result of a sexual assault of which a conviction did not occur may file a
petition in the juvenile court to prevent future contact with the parent who allegedly committed
the sexual assault and to relinquish the parent-child legal relationship of the alleged victim of the
sexual assault.
(b) A parent who is a victim or who alleges that they are a victim as described in subsection
(13)(a) of this section and who wants to relinquish the child who was conceived or is alleged to
have been conceived as described in subsection (13)(a) of this section shall include with their
petition for relinquishment documentation concerning the sexual assault or conception. The
documentation may include:
(I) A court record documenting the conviction for sexual assault or conviction of an act in
which the underlying factual basis was sexual assault;
(II) A police report concerning the sexual assault;
(III) Medical records, forensic exam results, or genetic testing results;
(IV) Records from a licensed mental health professional or victim's advocate; or
(V) A sworn affidavit from the petitioner that alleges the petitioner is a victim of sexual
assault that resulted in the conception of the child to be relinquished.
(c) (I) If the petition for relinquishment includes documentation of a parent's conviction for
sexual assault or for a conviction of an act in which the underlying factual basis was sexual
assault and the child to be relinquished was conceived as a result of the crime, or if the court
finds, based on a preponderance of the evidence, that the relinquishment petitioner is a victim of
a sexual assault that resulted in the conception of the child to be relinquished, then
notwithstanding any provision of this section to the contrary, the petitioner is exempt from, and
the court shall not require the petitioner to:
(A) Satisfy any counseling requirements pursuant to this section; or
(B) Pay fees for guardians ad litem or counsel for youth pursuant to this section.
(II) If the petition for relinquishment includes documentation of a parent's conviction for
sexual assault or for a conviction of an act in which the underlying factual basis was sexual
assault and the child to be relinquished was conceived as a result of the crime, or if the court
finds, based on a preponderance of the evidence, that the relinquishment petitioner is a victim of
a sexual assault that resulted in the conception of the child to be relinquished, then
notwithstanding any law to the contrary, if the court grants a final order of relinquishment, the
Colorado Revised Statutes 2026
Title 19 - Children's Code
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court's final order of relinquishment must divest the relinquishing parent of all legal obligations
they may have with respect to the child relinquished, including child support, at the time of
relinquishment.
(d) A parent who is a party to a pending dependency and neglect case pursuant to article 3 of
this title 19 may pursue relinquishment pursuant to this subsection (13) at any time during the
dependency and neglect proceedings.
Source: L. 87: Entire title R&RE, p. 801, § 1, effective October 1. L. 92: (1)(b)(II) amended,
p. 179, § 1, effective March 20. L. 97: Entire section amended, p. 1155, § 1, effective July 1. L.
2000: (2)(g) amended, p. 1373, § 6, effective July 1; (12) amended, p. 1538, § 6, effective July 1.
L. 2002: (1.5) added, p. 787, § 8, effective May 30. L. 2003: (2.5) added, p. 872, § 2, effective
July 1. L. 2005: (2)(g) amended, p. 992, § 4, effective July 1. L. 2007: (4)(a) amended, p. 115, §
5, effective July 1. L. 2012: (1.5)(b) amended, (SB 12-175), ch. 208, p. 875, § 135, effective July
1. L. 2014: (2)(g) amended, (SB 14-051), ch. 260, p. 1048, § 3, effective July 1. L. 2018: (1)(a),
(2.5), and (4)(b) amended, (SB 18 -092), ch. 38, p. 424, § 65, effective August 8. L. 2020: (4)(c)
added, (HB 20 -1104), ch. 50, p. 175, § 2, effective September 14. L. 2021: IP(2), (2)(g), and
(4)(b) amended, (SB 21 -059), ch. 136, p. 734, § 83, effective October 1. L. 2022: (9)(a)(I),
(9)(a)(III), and (9)(b) amended, (HB 22-1038), ch. 92, p. 438, § 15, effective January 9, 2023. L.
2025: (13) added, (HB 25-1185), ch. 158, p. 634, § 2, effective August 6; IP(1.5)(a) and (1.5)(b)
amended, (HB 25-1204), ch. 338, p. 1817, § 8, effective August 6.
Editor's note: 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 -4-102 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 2002 act enacting subsection
(1.5), see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative
declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the
legislative declaration in HB 22 -1038, see section 1 of chapter 92, Session Laws of Colorado
2022.
ANNOTATION
Law reviews. For article, "The Adoption
of Children in Colorado", see 37 Dicta 100
(1960). For article, "One Year Review of
Domestic Relations", see 38 Dicta 84
(1961). For article, "Colorado Moves
Toward Full Compliance With Federal
Colorado Revised Statutes 2026
Title 19 - Children's Code
-824-
Indian Child Welfare Act", see 31 Colo.
Law. 77 (Nov. 2002).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The purpose of this section is to prevent
the relinquishment of a child by parents who
do not realize the seriousness and finality of
their acts. It does not provide that the
department of welfare or the court should
argue with the parents concerning the
reasons for their relinquishment or seek to
thwart the exercise of their free and
voluntary will. Smith v. Welfare Dept., 144
Colo. 103, 355 P.2d 317 (1960).
Child is ward of state during
proceedings. The initiation of any
proceedings in a court in which the rights,
status, and welfare of an infant may be
affected immediately establishes the infant's
relation to the court as that of its ward.
Smith v. Welfare Dept., 144 Colo. 103, 355
P.2d 317 (1960).
Power of court to grant petition is
discretionary. This section, which confers
upon the court jurisdiction of relinquishment
procedures, vests in the trial court the
discretionary power to grant or deny the
petition for relinquishment. People in re
K.W.E., 31 Colo. App. 219, 500 P.2d 167
(1972).
Relinquishment does not require
known identity of adoptive parents. In
relinquishing children the parents do not
have the slightest idea as to who, if anyone,
shall become the adoptive parents. Batton v.
Massar, 149 Colo. 404, 369 P.2d 434 (1962).
Evidence established consent was
knowing and voluntary. Evidence that
natural parents of child were fully advised of
the seriousness and finality of relinquishing
their child for adoption, and willingly and
voluntarily sought to divest themselves of all
legal rights and obligations with respect to
such child, was sufficient to comply with the
provisions of this section. Smith v. Welfare
Dept., 144 Colo. 103, 355 P.2d 317 (1960).
Denial of petition did not abuse
discretion. Trial court does not abuse
discretion in denying petition for
relinquishment of child on basis of finding,
supported by the record, that a mother is not
in any position to make such an important
decision. People in re K.W.E., 31 Colo. App.
219, 500 P.2d 167 (1972).
Grounds for reversal of order for
relinquishment. Once the order for
relinquishment has been granted, it cannot
be reversed except where the court lacks
jurisdiction, or when consent of the parents
is obtained through fraud, overreaching
pressure, or duress. Smith v. Welfare Dept.,
144 Colo. 103, 355 P.2d 317 (1960).
Where the child has not been adopted
prior to an attack on a relinquishment decree
and mistake and misunderstanding
invalidated the parents' consent to the
relinquishment, a court may reverse the final
order of relinquishment. People In re J.B.P.,
44 Colo. App. 95, 608 P.2d 847 (1980).
Void decree subject to collateral attack.
Where statutory requirements are not met,
the court cannot enter a valid adoption
decree, and the decree is thereby absolutely
void on its face and may be the subject of a
Colorado Revised Statutes 2026
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collateral attack, and the lack of these
jurisdictional matters made the decree
subject to an attack at any stage of the
proceedings or after entry of judgment. The
lack of jurisdiction is usually shown by the
judgment roll, and in adoption cases the
record constitutes the judgment roll.
Fackerell v. District Court, 133 Colo. 370,
295 P.2d 682 (1956).
Motion to vacate order of
relinquishment properly denied. In a
proceeding by the natural parents of a minor
child to set aside a relinquishment and
consent to adoption, where it is shown that
the court had jurisdiction, and there being no
allegation of coercion, duress, or pressure
exerted upon the parents to induce them to
relinquish the child, a motion to vacate such
consent was properly denied. Smith v.
Welfare Dept., 144 Colo. 103, 355 P.2d 317
(1960).
Time limit between petition and
hearing. Although no time limit is
prescribed by statute for hearing after the
filing of a petition for the relinquishment
and adoption of a minor child, reasonable
time should elapse between the filing of the
petition and a hearing thereon, permitting
the court to examine into the facts to
determine whether relinquishment is
advisable under the circumstances. Smith v.
Welfare Dept., 144 Colo. 103, 355 P.2d 317
(1960).
Only parties of record and their
attorneys are granted access to reports
under this section. Where grandparent was
never a proper party of record and did not
have standing to become one in the
relinquishment proceeding, she and her
counsel were properly denied access to
reports. Petition of B.D.G., 881 P.2d 375
(Colo. App. 1993).
Standard of professional conduct in
Colorado required attorney to discuss
relinquishment counseling with his or her
client in both in -state and out -of-state
adoptions. Thus trial court properly
submitted to the jury the issue of whether
defendant attorney breached a duty of care
to plaintiffs. Boyd v. Garvert, 9 P.3d 1161
(Colo. App. 2000) (case arose prior to
enactment of subsection (12)).
19-5-103.5. Expedited relinquishment procedure - children under one year of age -
other birth parents - notice - termination.
(1) (a) Notwithstanding the provisions of section 19 -5-103 to the contrary, a parent desiring
to relinquish his or her child may seek an expedited order terminating his or her parent -child
legal relationship without the necessity of a court hearing if:
(I) The child is under one year of age, at the time of filing the petition;
(II) The relinquishing parent is being assisted by a licensed child placement agency or the
county department of human or social services in the county where such parent resides;
(III) The requirements of section 19-5-103 (1) have been met; and
Colorado Revised Statutes 2026
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(IV) The parent signs an affidavit stating his or her desire to voluntarily relinquish his or her
parent-child legal relationship with the child and consenting to a waiver of his or her right to
contest a termination of parentage.
(b) (I) The affidavit required to be signed by the parent seeking to relinquish his or her
parental rights pursuant to this section must advise the relinquishing parent of the consequences
of the relinquishment decision and must further advise the relinquishing parent that he or she is
still required to obtain the relinquishment counseling described in section 19 -5-103 (1)(a) and
(2). The relinquishing parent must be advised of the opportunity to seek independent counseling.
The affidavit must also advise the relinquishing parent that he or she may withdraw the affidavit
anytime after signing it but before the affidavit and petition are filed with the court. The
relinquishing parent may sign the affidavit before the birth of the child. The relinquishing birth
parent may withdraw the affidavit from the child placement agency or county department of
human or social services in the county where the parent resides any time after signing it but
before the affidavit and petition are filed with the court.
(II) The affidavit shall include the following:
(A) A statement that the petitioner has completed the relinquishment counseling required in
section 19-5-103 (1) and (2) or understands he or she must complete the counseling prior to entry
of the order of termination;
(B) A statement that the child to be relinquished is under one year of age at the time of filing
the petition;
(C) A statement that the relinquishing parent's decision is knowing and voluntary and not the
result of threats, coercion, or undue influence or inducements; and
(D) A statement that the relinquishing parent believes the relinquishment is in the best
interests of the child.
(III) The relinquishing parent's signature on the affidavit must be witnessed by two
witnesses, one of whom is either a representative of the licensed child placement agency with
which the relinquishing parent has contracted or a representative of the county department of
human or social services in the county where the parent resides, whichever is assisting the
parent. The other witness must not be associated with either the licensed child placement agency
or the county department of human or social services in the county where the parent resides,
whichever is assisting the parent, and must not be the potential adoptive parent of the child to be
relinquished.
(IV) The affidavit shall be notarized and shall be attached to the petition for relinquishment
and filed with the court after the birth of the child. The petition for relinquishment may not be
filed until at least four days after the birth of the child.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(c) If the birth parent has signed the affidavit described in this subsection (1) and if it is
properly witnessed and notarized and attached to the petition, the court may vacate the hearing
required pursuant to section 19-5-103 (3) and, upon making the findings set forth in section 19-5-
103 (7)(a), shall enter an order of relinquishment, without a hearing, no more than seven business
days after the date of the filing of the petition for relinquishment and the accompanying affidavit.
(2) (a) Notwithstanding the provisions of section 19 -5-105 to the contrary, in those cases in
which a parent seeks to relinquish his or her parent -child legal relationship with a child pursuant
to this section, the licensed child placement agency or the county department of human or social
services assisting the relinquishing parent shall proceed with filing the petition for termination of
the other birth parent's or possible birth parents' parent -child legal relationship and notify
pursuant to this section the other birth parent or possible birth parents identified pursuant to
section 19-5-105 (2).
(b) Notice of the proceeding pursuant to this section shall be given to every person identified
as the other birth parent or a possible birth parent in the manner appropriate under the Colorado
rules of juvenile procedure for the service of process or in any manner the court directs; except
that notice shall not be required to be given to a person who has received notice pursuant to
section 19-5-103.7 if the person waives the right to contest a termination of parental rights and
waives the right to further notice concerning the expedited relinquishment or if the person fails to
reply as required pursuant to section 19 -5-103.7. The notice shall inform the parent or alleged
parent whose rights are to be determined that failure to file an answer or to appear within twenty-
one days after service and, in the case of an alleged father, failure to file a claim of paternity
under article 4 of this title within twenty -one days after service, if a claim has not previously
been filed, may likely result in termination of the parent's or the alleged parent's parental rights to
the child. The notice shall also inform the parent or alleged parent whose rights are to be
determined that the person has the right to waive his or her right to appear and contest and that
failure to appear and contest may likely result in termination of the parent's or the alleged
parent's parental rights to the child. Proof of giving the notice shall be filed with the court before
the petition is heard or otherwise acted upon. If no person has been identified as the birth parent,
the court shall order that notice be provided to all possible birth parents by publication or public
posting of the notice at times and in the places and manner the court deems appropriate.
(c) The other birth parent or possible birth parents may sign the affidavit of voluntary
relinquishment described in subsection (1) of this section. Such birth parent may sign the
affidavit prior to the birth of the child. If the other birth parent or possible birth parent signs an
affidavit of voluntary relinquishment, he or she may withdraw the affidavit from the child
placement agency or the county department of human or social services assisting the
relinquishing parent any time after signing it but before the affidavit and petition are filed with
the court.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-828-
(d) (I) The court shall vacate the proceeding and, at the time of the review of the case
pursuant to paragraph (c) of subsection (1) of this section, enter an order terminating the parent -
child legal relationship of the other birth parent or possible birth parent if the other birth parent
or possible birth parent:
(A) Has waived his or her right to contest the termination of parental rights; or
(B) Has failed to appear and contest or to file an answer to the petition for termination or to
file a paternity action within the prescribed twenty -one days following the date of the service,
publication, or posting of the notice as provided in the notice pursuant to paragraph (b) of this
subsection (2); or
(C) Has signed the affidavit of voluntary relinquishment described in subsection (1) of this
section; or
(D) Has waived his or her right to notice and right to contest the termination of parental
rights pursuant to section 19-5-103.7.
(II) If the provisions of subparagraph (I) of this paragraph (d) do not apply and the other
birth parent or possible birth parent expresses his or her desire to appear and contest the
termination of the parent -child legal relationship, the court shall proceed with a hearing on the
petition for termination of the other birth parent's parent-child legal relationship.
(3) The licensed child placement agency or the county department of human or social
services assisting the relinquishing parent shall not submit the documents referenced in
subsections (1) and (2) of this section for judicial review unless a permanent placement for the
child has been identified.
(4) The court shall not be bound to enter an order terminating a parent -child legal
relationship upon the affidavit of the relinquishing parent pursuant to subsection (1) of this
section and the court shall not be bound to enter an order terminating a parent -child legal
relationship of the other birth parent or possible birth parents pursuant to subsection (2) of this
section, but the court may, upon its own motion, require that a formal hearing be held to
determine any or all issues presented by the pleadings.
Source: L. 2003: Entire section added, p. 869, § 1, effective July 1. L. 2004: (2)(a) amended,
p. 263, § 1, effective April 5. L. 2005: (2)(b) and (2)(d) amended, p. 101, § 2, effective July 1. L.
2007: (2)(a) and (2)(d)(II) amended, p. 114, § 4, effective July 1. L. 2012: (2)(b) and (2)(d)(I)(B)
amended, (SB 12 -175), ch. 208, p. 875, § 136, effective July 1. L. 2018: (1)(a)(II), (1)(b)(I),
(1)(b)(III), (2)(a), (2)(c), and (3) amended, (SB 18-092), ch. 38, p. 425, § 66, effective August 8.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-829-
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Birth parents are not precluded from
withdrawing expedited relinquishment
petitions. In re A.T.M., 205 P.3d 703 (Colo.
App. 2010).
Until a petition is actually granted,
nothing in the statute makes it
irrevocable. In re A.T.M., 205 P.3d 703
(Colo. App. 2010).
Notice through publication inadequate
where birth mother had knowledge of
father's location. Birth mother's fraudulent
misrepresentations to the court deprived
birth father of his constitutional right to due
process, thus making the judgment
terminating his parental rights void by
default. In re C.L.S., 252 P.3d 556 (Colo.
App. 2011).
19-5-103.7. Anticipated expedited relinquishment - children under one year of age -
notice to other or possible parent - administrative procedures.
(1) Notwithstanding any provision of section 19 -5-103 to the contrary, a licensed child
placement agency assisting a parent who plans to relinquish a child through an expedited
relinquishment pursuant to section 19 -5-103.5, may provide notice of the anticipated expedited
relinquishment on behalf of the relinquishing parent to any other birth parent or possible birth
parent identified pursuant to section 19 -5-105 (2) who is not a presumed parent pursuant to
section 19-4-105 (1).
(2) The licensed child placement agency may give notice of the anticipated expedited
relinquishment prior to or after the filing of the affidavit and petition with the court, but not more
than sixty-three days prior to the anticipated birth of the child to be relinquished.
(3) (a) Notice to the other birth parent or possible birth parent given pursuant to this section
shall be provided:
(I) By publication appearing in a newspaper of general circulation in the county of the
person's last -known address, if the person's identity is known, or the county in which the
relinquishing parent reports the conception to have occurred. Notice by publication is only
proper if a person has not been identified as the other birth parent or possible birth parent or the
location of the other birth parent or possible birth parent has not been determined after diligent
efforts.
(II) In person, delivered:
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(A) In a manner appropriate under the Colorado rules of juvenile procedure for the service of
process; or
(B) By an employee or a representative of the licensed child placement agency assisting the
relinquishing parent, with a requirement that the other birth parent or possible birth parent sign a
statement acknowledging receipt of the notice; or
(III) By certified mail to only the other birth parent or possible birth parent, return receipt
requested, with return receipt providing prima facie evidence of service.
(b) The date of notice shall be considered either the date on which the notice is delivered
pursuant to subparagraph (II) of paragraph (a) of this subsection (3) or the date on the return
receipt for notice given by certified mail pursuant to subparagraph (III) of paragraph (a) of this
subsection (3), whichever is applicable. If notice is provided by publication, the date of notice
shall be the date of the first day of publication.
(4) (a) Notice of the anticipated expedited relinquishment given pursuant to this section shall
include the name, mailing address, and physical address of the licensed child placement agency
providing the notice and shall inform the other birth parent or possible birth parent of the
following:
(I) The name of the parent of the child who anticipates seeking to relinquish his or her
parental rights for purposes of the child's adoption and the anticipated date of birth or the actual
date of birth of the child;
(II) That the other birth parent or possible birth parent has been identified by the parent who
anticipates seeking to relinquish his or her parental rights as potentially being the other birth
parent of the child, or, if no other birth parent or possible birth parent has been identified, that the
parent who anticipates seeking to relinquish his or her parental rights is unable to identify the
other birth parent or possible birth parent;
(III) That placing a child for adoption requires termination of the child's parent -child legal
relationships;
(IV) That the other birth parent or possible birth parent has a right to contest the termination
of parental rights; and
(V) That failure to declare an intent to contest the termination of parental rights may likely
result in a termination of the person's parental rights to the child, and that, to declare an intent to
contest the termination of the parent -child legal relationship, the other birth parent or possible
birth parent shall:
(A) No later than twenty -one days after the date of notice pursuant to paragraph (b) of
subsection (3) of this section or before a relinquishment petition is filed with the court,
whichever occurs later, either return a reply form to the licensed child placement agency by
Colorado Revised Statutes 2026
Title 19 - Children's Code
-831-
certified mail, return receipt requested, or personally appear at the licensed child placement
agency to declare an intent to contest the termination of parental rights; and
(B) No later than twenty -one days after the date of notice pursuant to paragraph (b) of
subsection (3) of this section or before a relinquishment petition is filed with the court,
whichever occurs later, file a claim of paternity pursuant to article 4 of this title and notify the
licensed child placement agency pursuant to section 19-4-105.5 (4);
(VI) That the other birth parent or possible birth parent may waive the right to contest the
termination of parental rights and that waiver may likely result in a termination of the person's
parental rights to the child; and
(VII) That further notice related to the anticipated expedited relinquishment proceedings
shall not be provided to the other birth parent or possible birth parent without receipt of a
response required by subparagraph (V) of this paragraph (a).
(b) (I) Except when notice is provided by publication, the licensed child placement agency
assisting the relinquishing parent with an expedited relinquishment shall send or deliver a reply
form described in sub -subparagraph (A) of subparagraph (V) of paragraph (a) of this subsection
(4) to the other birth parent or possible birth parent at the same time and by the same method as
the delivery of notice given pursuant to subsection (3) of this section. The reply form sent
pursuant to this paragraph (b), or otherwise available at the licensed child placement agency
pursuant to paragraph (b) of subsection (7) of this section, shall be signed by the other birth
parent or possible birth parent, witnessed, and dated, and shall require the other birth parent or
possible birth parent to disclose the following information to the licensed child placement
agency:
(A) The full name of the other birth parent or possible birth parent;
(B) The name of the relinquishing parent and the anticipated date of birth or the actual date
of birth of the child to be relinquished, as listed on the notice;
(C) The other birth parent's or possible birth parent's address;
(D) The case number of the pending action filed, if any, by the other birth parent or the
possible birth parent for determination of the parent -child legal relationship pertaining to the
child to be relinquished; and
(E) If a case concerning the determination of the parent -child legal relationship pertaining to
the child to be relinquished has been filed, a copy of any court orders issued regarding the other
birth parent's or possible birth parent's parent-child legal relationship.
(II) In addition to the requirements of subparagraph (I) of this paragraph (b), the reply form
sent or delivered pursuant to this paragraph (b), or otherwise available at the licensed child
placement agency pursuant to paragraph (b) of subsection (7) of this section, shall provide
Colorado Revised Statutes 2026
Title 19 - Children's Code
-832-
response options for selection by the other birth parent or the possible birth parent replying to the
notice, which response options shall be substantially similar to the following:
(A) That the person replying to the notice acknowledges that there may be a parent -child
legal relationship, declares an intent to contest the termination of parental rights, and declares an
intent to seek to have the court make this determination;
(B) That the person replying to the notice acknowledges that there may be a parent -child
legal relationship, waives the right to contest a termination of parental rights, and waives the
right to further notice concerning the expedited relinquishment and the termination of parental
rights with respect to the child; and
(C) That the person replying to the notice does not acknowledge that there may be a parent -
child legal relationship, waives the right to contest a termination of parental rights, and waives
the right to further notice concerning the expedited relinquishment and the termination of
parental rights with respect to the child.
(III) In addition to the requirements of subparagraphs (I) and (II) of this paragraph (b), the
reply form sent or delivered pursuant to this paragraph (b), or otherwise available at the licensed
child placement agency pursuant to paragraph (b) of subsection (7) of this section, shall include a
statement of acknowledgment by the other birth parent or possible birth parent that there is a
requirement to file a claim of paternity and to notify the licensed child placement agency
pursuant to section 19 -4-105.5 (4) no later than twenty days after the date of notice or before a
relinquishment petition is filed with the court, whichever occurs later.
(5) To properly reply and declare an intent to contest the termination of the parent-child legal
relationship pursuant to this section, the other birth parent or possible birth parent shall, no later
than twenty days after receiving notice pursuant to subsection (3) of this section or before a
relinquishment petition is filed with the court, whichever occurs later:
(a) Return a reply form to the licensed child placement agency by certified mail, return
receipt requested, or, for other birth parents or possible birth parents who receive notice by
publication or who otherwise decide not to return the reply form by certified mail, personally
appear at the licensed child placement agency to declare an intent to contest the termination of
parental rights in the anticipated proceedings; and
(b) File a claim of paternity pursuant to article 4 of this title and notify the licensed child
placement agency pursuant to section 19-4-105.5 (4).
(6) The other birth parent or possible birth parent who is served with notice pursuant to
subsection (3) of this section and fails to reply as required in subsection (5) of this section
irrevocably waives the right to further notice of proceedings related to the anticipated expedited
relinquishment and irrevocably waives the right to appear and contest the termination of his or
Colorado Revised Statutes 2026
Title 19 - Children's Code
-833-
her parental rights, unless the other birth parent or possible birth parent proves, by clear and
convincing evidence, the following:
(a) That it was not possible for the other birth parent or possible birth parent to properly
reply and declare an intent to contest the termination of the parent -child legal relationship
pursuant to the requirements of subsection (5) of this section; and
(b) That the other birth parent or possible birth parent did properly reply and declare an
intent to contest the termination of the parent -child legal relationship pursuant to the
requirements of subsection (5) of this section within twenty days after it became possible for the
other birth parent or possible birth parent to do so.
(7) (a) If the other birth parent or possible birth parent replies to the notice provided pursuant
to subsection (3) of this section by returning the reply form via certified mail to the licensed
child placement agency that sent the notice, the licensed child placement agency shall accept and
file the original reply form with the court upon filing the petition for relinquishment or upon
receipt of the reply form, whichever occurs later. The date of the reply shall be then noted on the
return receipt.
(b) If the other birth parent or possible birth parent replies to the notice provided pursuant to
subsection (3) of this section by appearing in person at the licensed child placement agency to
declare his or her response, the licensed child placement agency shall provide a reply form for
the other birth parent or the possible birth parent to complete and sign. An agency or social
services employee shall sign the form as a witness. The licensed child placement agency shall
accept the completed, signed reply form, provide a copy of the form to the other birth parent or
the possible birth parent, and file the original with the court upon filing the petition for
relinquishment or upon receipt of the completed reply form, whichever occurs later. The date of
the reply shall be the date on which the other birth parent or the possible birth parent signs the
reply.
(c) (I) Notwithstanding any provision of this section to the contrary, if the other birth parent
or possible birth parent replies to notice provided by publication pursuant to subsection (3) of
this section by contacting the licensed child placement agency in a manner other than is specified
in paragraph (b) of this subsection (7), and the other birth parent or possible birth parent provides
his or her full name and address, the licensed child placement agency shall:
(A) Within seven days after the contact, and by certified mail, return receipt requested, send
a reply form to the other birth parent or possible birth parent with a written statement informing
the person that the date he or she contacted the licensed child placement agency in response to
the notice received shall be considered his or her date of reply if he or she returns the form no
later than fourteen days after the date noted on the return receipt, and that, if he or she returns the
form more than fo urteen days after the date noted on the return receipt, the date the licensed
Colorado Revised Statutes 2026
Title 19 - Children's Code
-834-
child placement agency actually receives the reply form shall be considered his or her reply date;
and
(B) Maintain a dated record to submit to the court of all communications made related to this
paragraph (c).
(II) The date of reply provided in the manner described in this paragraph (c) shall be the date
the other birth parent or possible birth parent contacts the licensed child placement agency in
response to the notice received if he or she returns the form no later than fourteen days after the
date noted on the return receipt of the form. If the other birth parent or possible birth parent
returns the form more than fourteen days after the date noted on the return receipt, the date the
reply is received by the licensed child placement agency shall be considered the reply date.
(d) Notwithstanding any provision of this section to the contrary, if the other birth parent or
possible birth parent files a claim of paternity pursuant to article 4 of this title and provides
notice to the licensed child placement agency pursuant to section 19 -4-105.5, then such claim
and notice shall be deemed to satisfy the requirements of subsection (5) of this section, so long as
the claim of paternity is filed and notice is provided to the licensed child placement agency no
later than twenty -one days after receiving notice pursuant to subsection (3) of this section or
before a relinquishment petition is filed with the court.
(e) The other birth parent or possible birth parent who replies to a licensed child placement
agency pursuant to this subsection (7) shall notify the agency of any change in his or her address.
(f) (I) Notwithstanding any provision of this section to the contrary, the licensed child
placement agency shall respond as specified in subparagraph (II) of this paragraph (f) and shall
not have the duty to respond as required in paragraph (a), (b), or (c) of this subsection (7) or to
file any further documentation of a respondent's reply if, before the respondent replies to the
notice as described in paragraph (a), (b), or (c) of this subsection (7), all of the following have
occurred:
(A) The relinquishment petition has been filed with the court;
(B) At least twenty-one days have passed since the notice was provided; and
(C) The licensed child placement agency has filed the affidavit of administrative notice
described in subsection (8) of this section with the court.
(II) If the requirements specified in subparagraph (I) of this paragraph (f) have been met
before the respondent replies to the notice as described in paragraph (a), (b), or (c) of this
subsection (7), the licensed child placement agency shall provide the respondent, to the extent of
the agency's knowledge, with the following information:
(A) Verification that the petitions and affidavit have been filed;
(B) The court in which the case was filed;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-835-
(C) The case number; and
(D) Whether the court has ordered the termination of the respondent's parental rights.
(8) A licensed child placement agency that provides notice of the anticipated expedited
relinquishment on behalf of the relinquishing parent to the other birth parent or possible birth
parent pursuant to the provisions of this section shall have the duty to file with the court the
following information at the time it files the petition for relinquishment:
(a) An affidavit of administrative notice with respect to the other birth parent or possible
birth parent who has received notice pursuant to subsection (3) of this section, including the
following information, if available:
(I) The method of providing notice;
(II) The date of notice;
(III) The deadline for reply;
(IV) The date of the reply;
(V) The intent declared in the reply;
(VI) A statement indicating whether an action relating to the parent and child legal
relationship was filed;
(VII) A statement indicating whether the person's reply was timely; and
(VIII) A statement indicating that the expedited relinquishment was filed pursuant to section
19-5-103.5.
(b) In addition to the affidavit of administrative notice filed with the court pursuant to
paragraph (a) of this subsection (8), the licensed child placement agency shall file all available
evidence supporting the affidavit, including but not limited to signed return receipts, completed
reply forms, affidavits of service of process, evidence of publication, evidence of the filing of an
action relating to the parent and child legal relationship, and any other records of pertinent
communication with the possible birth parent or other birth parent.
(9) Nothing in this section shall be construed to require a parent who plans to relinquish a
child through an expedited relinquishment pursuant to section 19 -5-103.5 to file the expedited
relinquishment.
(10) Nothing in this section shall be construed to authorize the filing of a petition and
affidavit of relinquishment prior to the birth of a child.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-836-
Source: L. 2005: Entire section added, p. 95, § 1, effective July 1. L. 2007: (3)(a)(II) amended
and (7)(f) added, pp. 114, 113, §§ 3, 2, effective July 1. L. 2012: (2), (4)(a)(V), (7)(c)(I)(A),
(7)(c)(II), (7)(d), and (7)(f)(I)(B) amended, (SB 12-175), ch. 208, p. 875, § 137, effective July 1.
ANNOTATION
Statute does not bar a due process
challenge to the termination of a parent's
rights when the parent alleges a lack of
notice or insufficient notice that results
from the other parent's failure or refusal
to identify him or her as a possible parent.
District court erred in strictly applying the
statute of limitations on due process
challenge when insufficient notice was
given. In re J.M.A., 240 P.3d 547 (Colo.
App. 2010).
Notice through publication inadequate
where birth mother had knowledge of
father's location. Birth mother's fraudulent
misrepresentations to the court deprived
birth father of his constitutional right to due
process, thus making the judgment
terminating his parental rights void by
default. In re C.L.S., 252 P.3d 556 (Colo.
App. 2011).
19-5-104. Final order of relinquishment.
(1) If the court terminates the parent -child legal relationship of both parents or of the only
living parent, the court, after taking into account the religious background of the child, shall
order guardianship of the person and legal custody transferred to:
(a) The county department of human or social services; or
(b) A licensed child placement agency; or
(c) A relative of the child; or
(d) An individual determined to be of good moral character through a process that includes
the assessment made pursuant to section 19 -5-206 (2)(g), if such individual shall have had the
child living in his or her home for six months or more, including a foster parent or a designated
adoptive parent.
(2) (a) The court shall consider, but shall not be bound by, a request that custody of the child,
with the option of applying for adoption, be placed in a grandparent, aunt, uncle, brother, or
sister of the child or a foster parent. When ordering legal custody of the child, the court shall give
preference to a grandparent, aunt, uncle, brother, or sister of the child when such relative has
made a timely request therefor and the court determines that such placement is in the best
interests of the child. Such request must be submitted to the court prior to commencement of the
hearing on the petition for relinquishment. If such legal custody is granted, guardianship of the
Colorado Revised Statutes 2026
Title 19 - Children's Code
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child shall remain with the parent, if the legal parent -child relationship has not been terminated,
or the guardianship shall be transferred pursuant to subsection (1) of this section. Nothing in this
section shall be construed to require the birth parents or the child placement agency with custody
of the child to notify said relatives described in this subsection (2) of the pending relinquishment
of parental rights. This subsection (2) shall not apply in cases where the birth parents have
designated an adoptive family for the child or the birth parents have designated that legal custody
of the child shall not be in a person described in this subsection (2) and where the child has not
been in legal custody of a relative requesting guardianship or custody as described in this section
or the child has not been in the physical custody of such relative for more than six months.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), in cases in which
a parent is seeking to relinquish his or her parent -child legal relationship with more than one
child of a sibling group at one time, if the county department or child placement agency locates
an appropriate, capable, willing, and available joint placement for all of the children in the
sibling group, the court shall presume that placement of the entire sibling group in the joint
placement is in the best interests of the children. Such presumption may be rebutted 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.
(3) No person shall be precluded from adopting a child solely because that person has been a
child's foster parent.
(4) The order of relinquishment shall set forth all pertinent facts brought at the hearing, and,
in addition, it shall state that the court is satisfied that the counsel and guidance provided for in
section 19-5-103 (1) and (5) has been offered the relinquishing parent or parents and any child
for whom the court has ordered counseling.
(5) (a) A final order of relinquishment must divest the relinquishing parent or parents of all
legal rights and obligations they may have with respect to the child relinquished, but it shall not
modify the child's status as an heir at law, which ceases only upon a subsequent final decree of
adoption; except that the relinquishing parent's or parents' obligation to pay for services received
by the child through the department, or other support received, must be terminated upon a
subsequent final decree of adoption or by order of the court at the time of relinquishment. The
order of relinquishment must release the relinquished child from all legal obligations with
respect to the relinquishing parent or parents.
(b) Pursuant to section 19 -5-103 (13), if the petition for relinquishment includes
documentation of a parent's conviction for sexual assault or for a conviction of an act in which
the underlying factual basis was sexual assault and the child to be relinquished was conceived as
a result of the crime, or if the court finds, based on a preponderance of the evidence, that the
relinquishing parent is a victim of a sexual assault that resulted in the conception of the child to
be relinquished, then notwithstan ding any law to the contrary, if the court grants a final order of
relinquishment, the court's final order of relinquishment must divest the relinquishing parent of
Colorado Revised Statutes 2026
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all legal obligations they may have with respect to the child relinquished, including child
support, at the time of relinquishment.
(6) If one parent files a petition for the relinquishment of a child and the agency or person
having custody of the child files a petition to terminate the rights of the other parent pursuant to
section 19 -5-105, the court shall set a hearing, as expeditiously as possible, on the
relinquishment petition. A court may enter an order of relinquishment for the purpose of adoption
prior to the relinquishment or termination of the other parent's parental rights. Except as
otherwise provided in subsection (7) of this section, an order of relinquishment is final and
irrevocable.
(7) (a) A relinquishment may be revoked only if, within ninety-one days after the entry of the
relinquishment order, the relinquishing parent establishes by clear and convincing evidence that
such relinquishment was obtained by fraud or duress.
(b) Notwithstanding paragraph (a) of this subsection (7), a relinquishment may not be
revoked on the basis that the relinquishment or termination of the other parent's parental rights
was not obtained because the relinquishing parent knew, but did not disclose, the name or
whereabouts of such other parent.
(8) If the relinquishment by an individual is revoked pursuant to subsection (7) of this
section and no grounds exist under section 19 -5-105 or under part 6 of article 3 of this title for
terminating the parental rights of that individual, the court shall dismiss any proceeding for
adoption and shall provide for the care and custody of the child according to the child's best
interests.
(9) The fact that the relinquishing parent or parents are minors shall in no way affect the
validity of the final order of relinquishment.
Source: L. 87: Entire title R&RE, p. 802, § 1, effective October 1. L. 88: (1)(d) and (2)
amended and (2.5) added, p. 757, § 3, effective May 31. L. 94: (4.3), (4.5), and (4.7) added, p.
747, § 2, effective April 20; (4) amended, p. 2688, § 210, effective July 1. L. 97: Entire section
amended, p. 1158, § 2, effective July 1. L. 2003: (2) amended, p. 2627, § 8, effective June 5. L.
2010: IP(1) and (1)(d) amended, (HB 10-1106), ch. 278, p. 1273, § 3, effective May 26. L. 2012:
(7)(a) amended, (SB 12 -175), ch. 208, p. 877, § 138, effective July 1. L. 2018: (1)(a) amended,
(SB 18-092), ch. 38, p. 426, § 67, effective August 8. L. 2025: (5) amended, (HB 25 -1185), ch.
158, p. 636, § 3, effective August 6.
Editor's note: 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 -4-103 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-839-
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Law reviews. For article, "One Year
Review of Domestic Relations", see 34
Dicta 108 (1957). For article, "Adoption
Procedures of Minor Children in Colorado",
see 12 Colo. Law. 1057 (1983). For article,
"House Bill 1268 — In the Best Interests of
the Child", see 18 Colo. Law. 1703 (1989).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Minors are competent to relinquish
their children to a state agency. Batton v.
Massar, 149 Colo. 404, 369 P.2d 434 (1962).
A partial or conditional relinquishment
is not authorized by this section. People in
re K.W.E., 31 Colo. App. 219, 500 P.2d 167
(1972).
Grounds for reversal of relinquishment
order. Once the order for relinquishment has
been granted, it cannot be reversed except
where the court lacks jurisdiction or when
consent of the parents is obtained through
fraud, overreaching pressure, or duress.
Smith v. Welfare Dept., 144 Colo. 103, 355
P.2d 317 (1960).
After relinquishment, parents have no
control over adoption. Where parents
voluntarily relinquish a child, the parents
have by court decree been divested of all of
their legal rights and obligations to said
child. They have no control over the child or
the adoption proceedings, notice to them is
not required, their consent, if given, is
meaningless. Batton v. Massar, 149 Colo.
404, 369 P.2d 434 (1962).
Where both parents stated that they
did not want the grandmother to have
custody of the child and the grandmother
had never had physical or legal custody of
the child, the provisions of subsection (2)
specifically operate to prevent the
grandmother from having standing in the
relinquishment proceedings. Petition of
B.D.G., 881 P.2d 375 (Colo. App. 1993).
The proceedings for voluntary
relinquishment under this section are
separate and distinct from the
proceedings for determining whether a
child is dependent or neglected under §
19-3-605. Under dependency and neglect
proceedings, the grandparent may be an
interested party. Petition of B.D.G., 881 P.2d
375 (Colo. App. 1993).
Adopted step -daughter not entitled to
inheritance. After husband and wife were
divorced and order of relinquishment
became final, daughter from wife's former
marriage, who had been adopted by
husband, was divested of her status as heir.
In re Estate of Haddan, 874 P.2d 1081 (Colo.
App. 1994).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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An agreement between parents for the
father to relinquish his parental rights
does not terminate his child support
obligation. The support obligation remains
in effect until the date upon which the final
relinquishment court order divests the parent
of all legal rights and obligations with
respect to the child. In re Gross, 2016 COA
36, 371 P.3d 744.
Applied, with respect to grandparents'
request, in People in Interest of A.D., 706
P.2d 7 (Colo. App. 1985).
19-5-105. Proceeding to terminate parent-child legal relationship.
(1) If one parent relinquishes or proposes to relinquish or consents to the adoption of a child,
the agency or person having custody of the child shall file a petition in the juvenile court to
terminate the parent -child legal relationship of the other parent, unless the other parent's
relationship to the child has been previously terminated or determined by a court not to exist.
This section applies whether or not the other parent is a presumed parent pursuant to section 19 -
4-105 (1).
(2) In an effort to identify the other birth parent, the court shall cause inquiry to be made of
the known parent and any other appropriate person. The inquiry shall include the following:
Whether the mother was married at the time of conception of the child or at any time thereafter;
whether the mother was cohabiting with a man at the time of conception or birth of the child;
whether the mother has received support payments or promises of support with respect to the
child or in connection with her pregnancy; or whether any man has formally or informally
acknowledged or declared his possible paternity of the child.
(3) If, after the inquiry, the other birth parent is identified to the satisfaction of the court or if
more than one person is identified as a possible parent, each shall be given notice of the
proceeding in accordance with subsection (5) of this section, including notice of the person's
right to waive his or her right to appear and contest. If any of them waives his or her right to
appear and contest or fails to appear or, if appearing, cannot personally assume legal and
physical custody, taking into account the child's age, needs, and individual circumstances, such
person's parent -child legal relationship with reference to the child shall be terminated. If the
other birth parent or a person representing himself or herself to be the other birth parent appears
and demonstrates the desire and ability to personally assume legal and physical custody of the
child, taking into account the child's age, needs, and individual circumstances, the court shall
proceed to determine parentage under article 4 of this title. If the court determines that the person
is the other birth parent, the court shall set a hearing, as expeditiously as possible, to determine
whether the interests of the child or of the community require that the other parent's rights be
terminated or, if they are not terminated, to determine whether:
(a) To award custody to the other birth parent or to the physical custodian of the child; or
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(b) To direct that a dependency and neglect action be filed pursuant to part 5 of article 3 of
this title with appropriate orders for the protection of the child during the pendency of the action.
(3.1) The court may order the termination of the other birth parent's parental rights upon a
finding that termination is in the best interests of the child and that there is clear and convincing
evidence of one or more of the following:
(a) That the parent is unfit. In considering the fitness of the child's parent, the court shall
consider the following:
(I) An emotional illness, a behavioral or mental health disorder, or an intellectual and
developmental disability of the parent of such duration or nature as to render the parent unlikely,
within a reasonable period of time, to care for the ongoing physical, mental, and emotional needs
of the child;
(II) A single incident of life-threatening or serious bodily injury or disfigurement of the child
or other children;
(III) Conduct toward the child or other children of a physically or sexually abusive nature;
(IV) A history of violent behavior that demonstrates that the individual is unfit to maintain a
parent-child relationship with the minor, which may include an incidence of sexual assault, as
defined in section 19-1-103, that resulted in the conception of the child;
(V) Excessive use of intoxicating liquors or use of controlled substances, as defined in
section 18-18-102 (5), C.R.S., that affects the ability of the individual to care and provide for the
child;
(VI) Neglect of the child or other children;
(VII) Injury or death of a sibling or other children due to proven abuse or neglect by such
parent;
(VIII) Whether, on two or more occasions, a child in the physical custody of the parent has
been adjudicated dependent or neglected in a proceeding under article 3 of this title or
comparable proceedings under the laws of another state or the federal government;
(IX) Whether, on one or more prior occasions, a parent has had his or her parent -child legal
relationship terminated pursuant to this section or article 3 of this title or comparable proceedings
under the laws of another state or the federal government.
(b) That the parent has not established a substantial, positive relationship with the child. The
court shall consider, but shall not be limited to, the following in determining whether the parent
has established a substantial, positive relationship with the child:
(I) Whether the parent has maintained regular and meaningful contact with the child;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(II) Whether the parent has openly lived with the child for at least one hundred eighty days
within the year preceding the filing of the relinquishment petition or, if the child is less than one
year old at the time of the filing of the relinquishment petition, for at least one -half of the child's
life; and
(III) Whether the parent has openly held out the child as his or her own child.
(c) That the parent has not promptly taken substantial parental responsibility for the child. In
making this determination the court shall consider, but shall not be limited to, the following:
(I) Whether the parent who is the subject of the petition is served with notice and fails to file
an answer within thirty -five days after service of the notice and petition to terminate the parent -
child legal relationship, or within twenty -one days if the petition for termination was filed
pursuant to section 19-5-103.5, or fails to file a paternity action, pursuant to article 4 of this title,
within thirty-five days after the birth of the child or within thirty -five days after receiving notice
that he is the father or likely father of the child, or, for those petitions filed pursuant to section
19-5-103.5, within twenty-one days after the birth of the child or after receiving notice that he is
the father or likely father of the child;
(II) Whether the parent has failed to pay regular and reasonable support for the care of the
child, according to that parent's means; and
(III) Whether the birth father has failed to substantially assist the mother in the payment of
the medical, hospital, and nursing expenses, according to that parent's means, incurred in
connection with the pregnancy and birth of the child.
(3.2) In considering the termination of a parent's parental rights, the court shall give
paramount consideration to the physical, mental, and emotional conditions and needs of the
child. Such consideration shall specifically include whether the child has formed a strong,
positive bond with the child's physical custodian, the time period that the bond has existed, and
whether removal of the child from the physical custodian would likely cause significant
psychological harm to the child.
(3.3) If the child is under one year of age at the time that the relinquishment petition is filed,
there is an affirmative defense to any allegations under subparagraph (VI) of paragraph (a),
paragraph (b), and paragraph (c) of subsection (3.1) of this section that the parent's neglect,
failure to establish a substantial relationship, or failure to take substantial responsibility for the
child was due to impediments created by the other parent or person having custody. A parent
shall demonstrate such impediments created by the other parent or person having custody by a
preponderance of the evidence.
(3.4) (a) If the court determines not to terminate the nonrelinquishing parent's parental rights
nor to direct that a dependency and neglect action be filed, the court shall proceed to determine
Colorado Revised Statutes 2026
Title 19 - Children's Code
-843-
custody of the child, parenting time with the child, duty of support, and recovery of child support
debt.
(b) The court shall determine custody based upon the best interests of the child giving
paramount consideration to the physical, mental, and emotional conditions and needs of the
child.
(c) If the child or youth has been out of the birth parents' care for more than one year,
irrespective of incidental communications from the relinquishing or nonrelinquishing parent,
there is a rebuttable presumption that the best interests of the child or youth will be served by
granting custody to the person in whose care the child or youth has been for that period. Such
presumption may be overcome by a preponderance of the evidence.
(3.5) Notwithstanding subsection (3.4) of this section, the court shall grant custody of the
child to the nonrelinquishing birth parent if the court finds that the birth parent has the ability and
the desire to assume personally legal and physical custody of the child promptly and that all of
the following exists:
(a) The nonrelinquishing parent has established a substantial, positive relationship with the
child;
(b) The nonrelinquishing parent has promptly taken substantial parental responsibility for the
child; and
(c) The award of custody to the nonrelinquishing parent is in the best interests of the child.
(3.6) Except for a parent whose parental rights have been relinquished pursuant to section
19-5-104, a person who has or did have the child in his or her care has the right to intervene as an
interested party and to present evidence to the court regarding the nonrelinquishing parent's
contact, communication, and relationship with the child. If custody is at issue pursuant to
subsection (3.4) of this section, such person also has the right to present evidence regarding the
best interests of the child and his or her own suitability as a placement for the child.
(4) If, after the inquiry, the court is unable to identify the other birth parent or any other
possible birth parent and no person has appeared claiming to be the other birth parent and
claiming custodial rights, the court shall enter an order terminating the unknown birth parent's
parent-child legal relationship with reference to the child. Subject to the disposition of an appeal
upon the expiration of thirty-five days after an order terminating a parent -child legal relationship
is issued under subsection (3) of this section or this subsection (4), the order cannot be
questioned by any person, in any manner, or upon any ground, except fraud upon the court or
fraud upon a party. Upon an allegation of fraud, the termination order cannot be questioned by
any person, in any manner or upon any ground, after the expiration of ninety -one days from the
date that the order was entered.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(5) Notice of the proceeding shall be given to every person identified as the other birth
parent or a possible birth parent in the manner appropriate under the Colorado rules of juvenile
procedure for the service of process or in any manner the court directs. The notice shall inform
the parent or alleged parent whose rights are to be determined that failure to file an answer or to
appear within thirty -five days after service and, in the case of an alleged father, failure to file a
claim of paternity under article 4 of this title within thirty -five days after service, if a claim has
not previously been filed, may likely result in termination of the parent's or the alleged parent's
parental rights to the minor. The notice also shall inform the parent or alleged parent whose
rights are to be determined that such person has the right to waive his or her right to appear and
contest and that failure to appear and contest may likely result in termination of the parent's or
the alleged parent's parental rights to the minor. Proof of giving the notice shall be filed with the
court before the petition is heard. If no person has been identified as the birth parent, the court
shall order that notice be provided to all possible parents by publication or public posting of the
notice at times and in places and manner the court deems appropriate.
(6) In those cases in which a parent proposes to relinquish his or her parent -child legal
relationship with a child who is under one year of age, pursuant to the expedited procedures set
forth in section 19 -5-103.5, the licensed child placement agency or the county department of
human or social services assisting the relinquishing parent shall proceed with filing the petition
for termination of the other birth parent's or possible birth parents' parent -child legal relationship
and notify the other birth parent or possible birth parents as provided in section 19-5-103.5 (2).
Source: L. 87: Entire title R&RE, p. 803, § 1, effective October 1. L. 94: Entire section
amended, p. 747, § 3, effective April 20. L. 97: IP(3), (3.1)(c)(I), and (5) amended, p. 1160, § 3,
effective July 1. L. 98: (3.1)(a)(II) amended, p. 1421, § 8, effective July 1. L. 2001: (3.1)(a)(VI)
amended and (3.1)(a)(VIII) and (3.1)(a)(IX) added, p. 499, § 2, effective May 4. L. 2003:
(3.1)(c)(I) amended and (6) added, p. 872, § 3, effective July 1. L. 2012: (3.1)(a)(V) amended,
(HB 12-1311), ch. 281, p. 1625, § 62, effective July 1; (3.1)(c)(I), (4), and (5) amended, (SB 12 -
175), ch. 208, p. 877, § 139, effective July 1. L. 2014: (3.1)(a)(IV) amended, (HB 14-1162), ch.
167, p. 591, § 6, effective July 1. L. 2017: IP(3.1)(a) and (3.1)(a)(I) amended, (HB 17-1046), ch.
50, p. 158, § 11, effective March 16; (3.1)(a)(I) amended, (SB 17 -242), ch. 263, p. 1318, § 168,
effective May 25. L. 2018: (6) amended, (SB 18-092), ch. 38, p. 426, § 68, effective August 8. L.
2021: (3.1)(a)(IV) amended, (SB 21 -059), ch. 136, p. 734, § 84, effective October 1. L. 2023:
(3.4)(c) amended, (HB 23-1027), ch. 284, p. 1685, § 22, effective June 1.
Editor's note: 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 -6-126 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-845-
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017. For the legislative declaration in SB 18 -092, see section 1 of
chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 23 -1027, see
section 1 of chapter 284, Session Laws of Colorado 2023.
ANNOTATION
Law reviews. For article, "Adoption
Procedures of Minor Children in Colorado",
see 12 Colo. Law. 1057 (1983). For article,
"Relinquishment of Children in Colorado",
see 15 Colo. Law. 2008 (1986).
No due process right for an incarcerated
parent to be present at termination hearings
where parent appeared in proceeding
through counsel, presented evidence as to
parole date by affidavit, and submitted a
brief. Matter of Catholic Charities, 942 P.2d
1380 (Colo. App. 1997).
Judgment terminating father's right
void because it was entered in violation of
his due process right to appointed
counsel. In re R.A.M. for Adoption of
B.G.B., 2014 COA 68, 411 P.3d 814.
Due process requires the appointment
of counsel when a parent's interests are at
their strongest, the state's interests are at
their weakest, and the risks of error are at
their peak. In re R.A.M. for Adoption of
B.G.B., 2014 COA 68, 411 P.3d 814.
A request for counsel under the due
process clause is not limited to a formal
request using specific words. In re R.A.M.
for Adoption of B.G.B., 2014 COA 68, 411
P.3d 814.
C.A.R. 3.4 does not violate plaintiff's
constitutional right to equal protection
because parents whose rights are
terminated under this article of the
Colorado Children's Code are not
similarly situated to those parents whose
rights are terminated under article 3 of
the code. C.A.R. 3.4 applies to parents
subject to dependency and neglect
proceedings under article 3 of the Colorado
Children's Code. As such, the proceedings
focus primarily on the protection and safety
of the children, not on the custodial interests
of the parent. Further, such a proceeding can
be initiated only by the state. People ex rel.
T.D., 140 P.3d 205 (Colo. App. 2006).
The express purposes of the
relinquishment and adoption statutes is to
promote the integrity and finality of
adoption. Court did not misconstrue this
section in finding that the father was unable
personally to assume custody of the child
promptly. Matter of Catholic Charities, 942
P.2d 1380 (Colo. App. 1997).
The general assembly intended that
custody be given only if a parent can
promptly assume ongoing parental
responsibility for the child. Had the
general assembly intended to allow a
nonrelinquishing parent to avoid termination
Colorado Revised Statutes 2026
Title 19 - Children's Code
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by making alternative custodial
arrangements, it would have so provided.
Matter of Catholic Charities, 942 P.2d 1380
(Colo. App. 1997).
Where a court finds that a parent is
"not unfit", the court must begin with the
presumption that the parent is acting in his
or her child's best interests in seeking
custody of the child, and that it is not in the
child's best interests to terminate the parent -
child legal relationship or to award custody
to another party. M.C. v. Adoption Choices
of Colo., Inc., 2014 COA 161, 369 P.3d 659,
rev'd on other grounds, 2015 CO 72, 363
P.3d 193.
To rebut that presumption, a party
seeking to terminate the parent's rights and
obtain or retain custody of the child must
prove by clear and convincing evidence not
only that the statutory criteria for
termination of the parent's rights set forth in
subsection (3.1) and the criteria for an award
of custody set forth in subsection (3.4) have
been met, but also that it is not in the child's
best interests to allow the parent -child legal
relationship to remain intact nor to award
custody of the child to the parent. M.C. v.
Adoption Choices of Colo., Inc., 2014 COA
161, 369 P.3d 659, rev'd on other grounds,
2015 CO 72, 363 P.3d 193.
If the court chooses to terminate the
parent-child legal relationship and award
custody to another party, then, in addition
to making findings regarding satisfaction of
the statutory criteria for termination and
custody, the court must make findings as to
the "special factors" that justify rejecting the
parent's determination of the child's best
interests. M.C. v. Adoption Choices of
Colo., Inc., 2014 COA 161, 369 P.3d 659.
Section does not authorize termination
of the parent -child legal relationship of
the other parent in anticipation of
possible stepparent adoption. Statutes
governing parental relinquishment and
adoption must be read together in order to
effectuate the legislative intent and give
consistent, harmonious, and sensible effect
to all their parts. Thus, since mother wanted
to keep her relationship intact but
involuntarily end father's in order to make
children available for stepparent adoption,
reliance on this section was inappropriate. In
re D.S.L., 18 P.3d 856 (Colo. App. 2001).
Any defect in subject matter
jurisdiction resulting from a parent not
having custody of child at time of filing
petition to terminate parental rights is
cured by the filing of subsequent petitions to
terminate by agency and adoptive parents.
People in the Matter of A.L.B., 994 P.2d 476
(Colo. App. 1999).
Statute does not bar a due process
challenge to the termination of a parent's
rights when the parent alleges a lack of
notice or insufficient notice that results
from the other parent's failure or refusal
to identify him or her as a possible parent.
District court erred in strictly applying the
statute of limitations on due process
challenge when insufficient notice was
given. In re J.M.A., 240 P.3d 547 (Colo.
App. 2010).
Father's motion for relief not time -
barred because judgment was void. Where
notice through publication was inadequate
Colorado Revised Statutes 2026
Title 19 - Children's Code
-847-
because birth mother made fraudulent
misrepresentations to the court, birth father
was deprived of his constitutional right to
due process, thus making the judgment
terminating his parental rights void by
default. The requirements of due process
take precedence over statutory enactments.
In re C.L.S., 252 P.3d 556 (Colo. App.
2011).
Trial court protected father's
fundamental liberty interest in his
children by applying a presumption in
favor of preserving parental rights and
making findings to overcome the
presumption by clear and convincing
evidence. While the supreme court did not
specifically hold that Troxel v. Granville,
530 U.S. 57 (2000), applies to parental
termination proceedings, the trial court
afforded father Troxel's heightened due
process requirements. In Interest of Baby A,
2015 CO 72, 363 P.3d 193.
The specific findings that a court must
make before terminating parental rights,
including a parent's failure to promptly take
responsibility for his or her children and the
best interests of the children, constitute
special factors that, along with the
presumption in favor of the parent, satisfy
Troxel's due process requirements. In
Interest of Baby A, 2015 CO 72, 363 P.3d
193.
Trial court did not err in finding that
father failed to pay regular and
reasonable support for the care of the
children. In Interest of Baby A, 2015 CO
72, 363 P.3d 193.
Trial court did not err in allowing
intervenor adoptive parents to present
evidence on the children's best interests
and future placement at the termination
hearing. In Interest of Baby A, 2015 CO 72,
363 P.3d 193.
When a child has been adjudicated
dependent or neglected, all matters
related to that child's status must be
addressed through the open dependency
and neglect case. The dependency and
neglect court maintains continuing,
exclusive jurisdiction over any such child.
People in Interest of E.M., 2016 COA 38M,
417 P.3d 843, aff'd sub nom. People in
Interest of L.M., 2018 CO 34, 416 P.3d 875.
A county department of human services
seeking to terminate through this article 5,
relinquishment and adoption, an
incarcerated father's parental rights to
children who had been adjudicated as
dependent and neglected was required to
proceed instead through the laws and courts
created for article 3, dependency and
neglect. People in Interest of E.M., 2016
COA 38M, 417 P.3d 843, aff'd sub nom.
People in Interest of L.M., 2018 CO 34, 416
P.3d 875.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-848-
19-5-105.5. Termination of parent-child legal relationship upon a finding that the child
was conceived as a result of sexual assault - legislative declaration - definitions.
(1) The general assembly hereby declares that the purpose of this statute is to protect the
victim of a sexual assault and to protect the child conceived as a result of that sexual assault by
creating a process to seek termination of the parental rights of the perpetrator of the sexual
assault and by issuing protective orders preventing future contact between the parties. The
general assembly further declares that this section creates civil remedies and is not created to
punish the perpetrator but rather to protect the interests of the child and the victim of a sexual
assault.
(2) As used in this section, unless the context otherwise requires:
(a) "Convicted" or "conviction" has the same meaning as defined in section 19-1-103.
(a.5) "Disability" means:
(I) A physical or mental impairment that substantially limits one or more major life activities;
or
(II) A record of a physical or mental impairment that substantially limited a major life
activity.
(a.7) "Petitioner" means a victim of sexual assault who files a petition for termination of the
parent-child legal relationship of the other parent as provided in this section.
(a.8) "Respondent" means a person against whom a petition for termination of the parent -
child legal relationship is filed as provided in this section.
(b) "Sexual assault" has the same meaning as defined in section 19-1-103.
(c) "Victim" has the same meaning as defined in section 19-1-103.
(3) If a child was conceived as a result of an act that led to the parent's conviction for sexual
assault or for a conviction in which the underlying factual basis was sexual assault, the victim of
the sexual assault or crime may file a petition in the juvenile court to prevent future contact with
the parent who committed the sexual assault and to terminate the parent -child legal relationship
of the parent who committed the sexual assault or crime.
(4) The verified petition filed under this section must allege that:
(a) The respondent was convicted on or after July 1, 2013, of an act of sexual assault against
the petitioner or convicted of a crime in which the underlying factual basis was sexual assault
against the petitioner;
(b) A child was conceived as a result of the act of sexual assault or crime described under
paragraph (a) of this subsection (4); and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-849-
(c) Termination of the parent -child legal relationship of the respondent with the child is in
the best interests of the child.
(4.3) On or before January 1, 2026, the state court administrator shall develop a, or modify
an existing, standardized petition form for a petitioner to complete and file pursuant to this
section. At a minimum, the standardized petition form must allow a petitioner to allege the
information described in subsection (4) of this section and provide the petitioner the ability to
provide information to support their allegation that the respondent committed an act of sexual
assault against the petitioner and that a child was conceived as a result of the sexual assault.
(4.5) After a petition has been filed pursuant to this section, the court shall issue a summons
that recites briefly the substance of the petition and contains a statement that the purpose of the
proceeding is whether to terminate the parent -child legal relationship of the respondent. The
petitioner shall have the respondent personally served with a copy of the summons or notified
through notice by publication consistent with the statutory provisions for notice in section 19 -3-
503 and pursuant to the Colorado rules of civil procedure, unless the respondent appears
voluntarily or waives service. Upon request, the court shall protect the whereabouts of the
petitioner and must identify the petitioner and the child in the summons by initials.
(5) (a) After a petition has been filed pursuant to this section, the court shall appoint a
guardian ad litem, who must be an attorney, to represent the child's best interests in the
proceeding; except that, if at any time the court determines that a guardian ad litem for the child
is no longer necessary, the court may discharge the guardian ad litem. The petitioner and the
respondent have the right to be represented by legal counsel in proceedings under this section.
The petitioner and the respondent each have the right to seek the appointment of legal counsel if
he or she is unable financially to secure legal counsel on his or her own. The court shall waive
filing fees for an indigent petitioner.
(b) The court will work to ensure that a petitioner or a respondent who has a disability has
equal access to participate in the proceeding. If the petitioner or respondent has a disability, he or
she has the right to request reasonable accommodations in order to participate in the proceeding;
except that the disability of the petitioner, the respondent, or the child must not be the cause for
the unnecessary delay of the process. The court shall presume that a petitioner or a respondent
with a disability is legally competent and able to understand and participate in the proceeding
unless the petitioner or respondent is determined to be an incapacitated person, as defined in
section 15-14-102 (5), C.R.S.
(6) In any proceeding held under this section, the court may grant protective measures in the
courtroom as requested by the petitioner, including but not limited to allowing the petitioner to
not appear in the presence of the respondent, so long as these measures do not violate due
process. The petitioner's and the child's whereabouts must be kept confidential.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-850-
(6.5) A respondent may admit parentage or may request genetic testing or other tests of
inherited characteristics to confirm paternity. The test results must be admitted into evidence as
provided in section 13 -25-126, C.R.S. The final costs for genetic tests or other tests of inherited
characteristics must be assessed against the nonprevailing party on the parentage issue.
(6.6) If the parties consent, the court has continuing jurisdiction and authority in the same
proceeding to enter an order of relinquishment pursuant to part 1 of article 5 of this title without
a finding or admission of the elements required by subsection (7) of this section. As part of the
agreement, the respondent must agree in writing to waive the right to access the original birth
certificate or other relinquishment documents as permitted by law under article 5 of this title or
pursuant to the rules of the state department of human services. The waiver must be filed with
the court that issues the order of relinquishment and with the state registrar of vital statistics.
(6.7) The juvenile court shall accept and hear each petition to terminate the parent-child legal
relationship filed pursuant to this section no more than one hundred twenty days after service of
the petition or from the first appearance date, whichever is later, unless both parties consent to an
extension or the court finds good cause to extend the hearing beyond one hundred twenty days.
(7) The court shall terminate the parent -child legal relationship of the respondent if the court
finds by clear and convincing evidence, and states the reasons for its decision, that:
(a) The respondent was convicted on or after July 1, 2013, of an act of sexual assault against
the petitioner or was convicted of a crime in which the underlying factual basis was sexual
assault against the petitioner;
(b) A child was conceived as a result of that act of sexual assault or crime as evidenced by
the respondent admitting parentage or genetic testing establishing the paternity; and
(c) Termination of the parent -child legal relationship is in the best interests of the child.
There is a rebuttable presumption that terminating the parental rights of the parent who
committed the act of sexual assault or crime is in the best interests of the child. The court shall
not presume that having only one remaining parent is contrary to the child's best interests.
(7.3) If the child is an Indian child, the court shall ensure compliance with the federal "Indian
Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and the provisions of article 1.2 of this
title 19.
(7.5) If the court denies the petition to terminate the parent -child legal relationship, then the
court shall articulate its reasons for the denial of the petition. If the court denies the petition, the
court has continuing jurisdiction and authority to enter an order in the same proceeding
allocating parental responsibilities between the parties, including but not limited to an order to
not allocate parental responsibilities to the respondent. In issuing any order allocating parental
responsibilities, including the duty of support, guardianship, and parenting time privileges with
Colorado Revised Statutes 2026
Title 19 - Children's Code
-851-
the child or any other matter, the court shall determine whether the order is in the best interests of
the child based on a preponderance of the evidence.
(8) (a) A respondent whose parental rights are terminated in accordance with this section has:
(I) No right to allocation of parental responsibilities, including parenting time and decision -
making responsibilities for the child;
(II) No right of inheritance from the child; and
(III) No right to notification of, or standing to object to, the adoption of the child.
(b) Notwithstanding the provisions of section 19 -3-608, termination of parental rights under
subsection (7) of this section does not relieve the respondent of any obligation to pay child
support or birth -related costs unless waived by the petitioner. In cases in which child support
obligations are not waived, the court, as informed by the wishes of the petitioner, shall determine
if entering an order to pay child support is in the best interests of the child. If the court orders the
respondent to pay child support, the court shall order the payments to be made through the child
support registry to avoid the need for any contact between the parties and order that the payments
be treated as a nondisclosure of information case. If the petitioner's parent -child legal
relationship to the child is terminated after the entry of a child support order against the
respondent, the court shall modify the child support order accordingly.
(9) A respondent whose parent -child legal relationship has been terminated in accordance
with this section has no right to make medical treatment decisions or any other decisions on
behalf of the child.
(9.5) The court may order a respondent whose parent -child legal relationship has been
terminated to provide medical and family information to be shared with the child, as appropriate,
and with the petitioner. For terminations entered under this section and section 19 -5-105.7, the
state court administrator shall establish a uniform process to determine how the information is
collected, who can access it, when it can be accessed, and how it is stored. The court may order
that a respondent's failure to comply with the request for information in a timely manner
constitutes contempt of court.
(10) The juvenile court has original concurrent jurisdiction to issue a temporary or
permanent civil protection order pursuant to section 13-14-104.5 or 13-14-106, C.R.S.
(11) Termination of the parent -child legal relationship pursuant to subsection (7) of this
section is an independent basis for termination of parental rights, and the court need not make
any of the considerations or findings described in section 19-3-604, 19-5-103.5, or 19-5-105.
(12) Nothing in this section prohibits the termination of parental rights by the court using the
criteria described in section 19-3-604, 19-5-103.5, or 19-5-105.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-852-
Source: L. 2013: Entire section added, (SB 13-227), ch. 353, p. 2057, § 3, effective July 1. L.
2014: Entire section amended, (HB 14 -1162), ch. 167, p. 582, § 1, effective July 1. L. 2021:
(2)(a), (2)(b), and (2)(c) amended, (SB 21 -059), ch. 136, p. 735, § 85, effective October 1. L.
2025: (4.3) added and (6.7) amended, (HB 25 -1185), ch. 158, p. 636, § 4, effective August 6;
(7.3) amended, (HB 25-1204), ch. 338, p. 1817, § 9, effective August 6.
19-5-105.7. Termination of parent-child legal relationship in a case of an allegation that
a child was conceived as a result of sexual assault but in which no conviction occurred -
legislative declaration - definitions.
(1) The general assembly hereby declares that the purpose of this statute is to protect a
person in a case where it is determined that he or she is a victim of sexual assault but in which no
conviction occurred and to protect a child conceived as a result of that sexual assault by creating
a process to seek termination of the parental rights of the perpetrator of the sexual assault and by
issuing protective orders preventing future contact between the parties. The general assembly
further declares that this section creates civil remedies and is not created to punish the
perpetrator but rather to protect the interests of the petitioner and the child. The general assembly
creates this section to address the procedures in cases where there are allegations of sexual
assault but in which a conviction did not occur.
(2) As used in this section, unless the context otherwise requires:
(a) "Conviction" has the same meaning as defined in section 19-1-103.
(b) "Petitioner" means a person who alleges that he or she is a victim of sexual assault and
who files a petition for termination of the parent -child legal relationship of the other parent as
provided in this section.
(c) "Respondent" means a person against whom a petition for termination of the parent -child
legal relationship is filed as provided in this section.
(d) "Sexual assault" has the same meaning as defined in section 19-1-103.
(3) The person who alleges that he or she is a victim of sexual assault and who alleges that a
child was conceived as a result of a sexual assault in which a conviction did not occur may file a
petition in the juvenile court to prevent future contact with the parent who allegedly committed
the sexual assault and to terminate the parent -child legal relationship of the parent who allegedly
committed the sexual assault.
(4) The verified petition filed under this section must allege that:
(a) The respondent committed an act of sexual assault against the petitioner;
(b) The respondent has not been convicted for the act of sexual assault;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-853-
(c) A child was conceived as a result of the act of sexual assault as described under paragraph
(a) of this subsection (4); and
(d) Termination of the parent -child legal relationship of the respondent with the child is in
the best interests of the child.
(4.3) On or before January 1, 2026, the state court administrator shall develop a, or modify
an existing, standardized petition form for a petitioner to complete and file pursuant to this
section. At a minimum, the standardized petition form must allow a petitioner to allege the
information described in subsection (4) of this section and provide the petitioner the ability to
provide information to support their allegation that the respondent committed an act of sexual
assault against the petitioner and that a child was conceived as a result of the sexual assault.
(5) (a) After a petition has been filed pursuant to this section, the court shall issue a summons
that recites briefly the substance of the petition and contains a statement that the purpose of the
proceeding is to determine whether to terminate the parent -child legal relationship of the
respondent. The petitioner shall have the respondent personally served with a copy of the
summons or notified through notice by publication consistent with the statutory provisions for
notice in section 19 -3-503 and pursuant to the Colorado rules of civil procedure, unless the
respondent appears voluntarily or waives service. Upon request, the court shall protect the
whereabouts of the petitioner and must identify the petitioner and the child in the summons by
initials.
(b) The court will work to ensure that a petitioner or a respondent who has a disability has
equal access to participate in the proceeding. If the petitioner or respondent has a disability, he or
she has the right to request reasonable accommodations in order to participate in the proceeding;
except that the disability of the petitioner, the respondent, or the child must not be the cause for
the unnecessary delay of the process. The court shall presume that a petitioner or a respondent
with a disability is legally competent and able to understand and participate in the proceeding
unless the petitioner or respondent is determined to be an incapacitated person, as defined in
section 15-14-102 (5), C.R.S.
(6) After a petition has been filed pursuant to this section, the court shall appoint a guardian
ad litem, who must be an attorney, to represent the child's best interests in the proceeding; except
that, if at any time the court determines that a guardian ad litem for the child is no longer
necessary, the court may discharge the guardian ad litem. The petitioner and the respondent have
the right to be represented by legal counsel in proceedings under this section. The petitioner and
the respondent each have the right to seek the appointment of legal counsel if he or she is unable
financially to secure legal counsel on his or her own. The court shall waive filing fees for an
indigent petitioner.
(7) In any proceeding held under this section, the court may grant protective measures in the
courtroom as requested by the petitioner, including but not limited to allowing the petitioner to
Colorado Revised Statutes 2026
Title 19 - Children's Code
-854-
not appear in the presence of the respondent so long as these measures do not violate due
process. The petitioner's and the child's whereabouts must be kept confidential.
(8) A respondent may admit parentage or may request genetic testing or other tests of
inherited characteristics to confirm paternity. The test results must be admitted into evidence as
provided in section 13 -25-126, C.R.S. The final costs for genetic tests or other tests of inherited
characteristics must be assessed against the nonprevailing party on the parentage issue.
(9) If the parties consent, the court has continuing jurisdiction and authority in the same
proceeding to enter an order of relinquishment pursuant to part 1 of article 5 of this title without
a finding or admission of the elements required by subsection (11) of this section. As part of the
agreement, the respondent must agree in writing to waive the right to access the original birth
certificate or other relinquishment documents as permitted by law under article 5 of this title or
pursuant to the rules of the state department of human services. The waiver must be filed with
the court that issues the order of relinquishment and with the state registrar of vital statistics.
(10) The juvenile court shall accept and hear each petition to terminate the parent -child legal
relationship filed pursuant to this section no more than one hundred twenty days after service of
the petition or from the first appearance date, whichever is later, unless both parties consent to an
extension or the court finds good cause to extend the hearing beyond one hundred twenty days.
(11) (a) The court shall terminate the parent -child legal relationship of the respondent if the
court finds by clear and convincing evidence that:
(I) A sexual assault against the petitioner occurred;
(II) The sexual assault was perpetrated by the respondent;
(III) A child was conceived as a result of that act of sexual assault as evidenced by the
respondent admitting parentage or genetic testing establishing the paternity;
(IV) Termination of the parent-child legal relationship is in the best interests of the child. The
court shall not presume that having only one remaining parent is contrary to the child's best
interests.
(b) If the child is an Indian child, the court shall ensure compliance with the federal "Indian
Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and article 1.2 of this title 19.
(12) If the court denies the petition to terminate the parent -child legal relationship, the court
shall articulate its reasons for the denial of the petition. If the court denies the petition, the court
has continuing jurisdiction and authority to enter an order in the same proceeding allocating
parental responsibilities between the petitioner and the respondent, including but not limited to
an order to not allocate parental responsibilities to the respondent. In issuing any order allocating
parental responsibilities, including the duty of support, guardianship, and parenting time
Colorado Revised Statutes 2026
Title 19 - Children's Code
-855-
privileges with the child or any other matter, the court shall determine whether the order is in the
best interests of the child based on a preponderance of the evidence.
(13) (a) A respondent whose parental rights are terminated in accordance with this section
has:
(I) No right to allocation of parental responsibilities, including parenting time and decision -
making responsibilities for the child;
(II) No right of inheritance from the child; and
(III) No right to notification of, or standing to object to, the adoption of the child.
(b) Notwithstanding the provisions of section 19 -3-608, termination of parental rights under
subsection (10) of this section does not relieve the respondent of any obligation to pay child
support or birth -related costs unless waived by the petitioner. In cases in which child support
obligations are not waived, the court, as informed by the wishes of the petitioner, shall determine
if entering an order to pay child support is in the best interests of the child. If the court orders the
respondent to pay child support, the court shall order the payments to be made through the child
support registry to avoid the need for any contact between the parties and order that the payments
be treated as a nondisclosure of information case. If the petitioner's parent -child legal
relationship to the child is terminated after the entry of a child support order against the
respondent, the court shall modify the child support order accordingly.
(14) A respondent whose parent -child legal relationship has been terminated in accordance
with this section has no right to make medical treatment decisions or any other decisions on
behalf of the child.
(15) The court may order a respondent whose parent -child legal relationship has been
terminated to provide medical and family information to be shared with the child, as appropriate,
and with the petitioner. The sharing of information must be consistent with the uniform process
established by the state court administrator as provided in section 19 -5-105.5 (9.5). The court
may order that a respondent's failure to comply with the request for information in a timely
manner constitutes contempt of court.
(16) The juvenile court has original concurrent jurisdiction to issue a temporary or
permanent civil protection order pursuant to section 13-14-104.5 or 13-14-106, C.R.S.
(17) Termination of the parent -child legal relationship pursuant to subsection (10) of this
section is an independent basis for termination of parental rights, and the court need not make
any of the considerations or findings described in section 19-3-604, 19-5-103.5, or 19-5-105.
(18) Nothing in this section prohibits the termination of parental rights by the court using the
criteria described in section 19-3-604, 19-5-103.5, or 19-5-105.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-856-
Source: L. 2014: Entire section added, (HB 14-1162), ch. 167, p. 587, § 4, effective July 1. L.
2021: (2)(a) and (2)(d) amended, (SB 21 -059), ch. 136, p. 735, § 86, effective October 1. L.
2025: (4.3) added and (10) amended, (HB 25 -1185), ch. 158, p. 637, § 5, effective August 6;
(11)(b) amended, (HB 25-1204), ch. 338, p. 1818, § 10, effective August 6.
19-5-106. Records. (Repealed)
Source: L. 87: Entire title R&RE, p. 804, § 1, effective October 1. L. 89: Entire section
amended, p. 943, § 3, effective March 27. L. 90: Entire section repealed, p. 1012, § 8, effective
July 1.
19-5-107. When notice of relinquishment proceedings required. (Repealed)
Source: L. 87: Entire title R&RE, p. 805, § 1, effective October 1. L. 91: Entire section
amended, p. 254, § 13, effective July 1. L. 92: Entire section amended, p. 2175, § 30, effective
June 2. L. 94: Entire section repealed, p. 752, § 4, effective April 20.
19-5-108. When notice of relinquishment proceedings required.
If the custodial parent has assigned rights to support for a child who is the subject of
relinquishment proceedings to the department of human services, notice of the relinquishment
proceedings shall be given, by the parent proposing to relinquish a child or by that parent's
counsel, to the appropriate delegate child support enforcement unit in cases where there is no
adoption proceeding pending.
Source: L. 96: Entire section added, p. 613, § 15, effective July 1.
19-5-109. Birth parent access to records related to relinquishment of parental rights.
(1) (a) Except for relinquishments ordered pursuant to section 19-5-105.5 (6.6) or 19-5-105.7
(9) or when the subsequent termination of the parent -child legal relationship is the result of a
dependency and neglect action, in those cases in which a parent consents to the relinquishment of
his or her child, the custodian of records shall provide to the relinquishing birth parent to whom
the document pertains a copy of the relinquishment records, in the possession of the custodian of
Colorado Revised Statutes 2026
Title 19 - Children's Code
-857-
records, that are signed by the relinquishing birth parent or by a parent, guardian, custodian, or
legal representative on behalf of the relinquishing birth parent and any of the following records
listed in this paragraph (a) in which the relinquishing birth parent is named, including:
(I) The original birth certificate of the child who is being relinquished;
(II) The petition to relinquish;
(III) The final order of relinquishment;
(IV) The affidavit of counseling, excluding any attachments and excluding any notes or
prerelinquishment counseling documents;
(V) The temporary waiver of custody;
(VI) Expedited relinquishment documents, if applicable;
(VII) A relinquishment interrogatory from a birth parent;
(VIII) The order for publication of relinquishment;
(IX) The notice to terminate the parent-child legal relationship; and
(X) The medical records of a birth mother related to the pregnancy and birth, which records
may only be released by the health -care provider, hospital, or maternity home that created the
record.
(b) The custodian of records shall provide the records described in paragraph (a) of this
subsection (1) to the relinquishing birth parent at the time of relinquishment of the child or at the
time the document is created.
(2) If the records described in subsection (1) of this section were not provided to a birth
parent at the time of the relinquishment of the child or at the time the document was created and
if the subsequent termination of the parent -child legal relationship was not the result of a
dependency or neglect action, then upon written request and proof of identification of the birth
parent, the custodian of records shall provide access to and copies of the records described in
subsection (1) of this section to the birth parent. Nothing in this section prevents the release of
the records described in subsection (1) of this section to a birth parent who was a minor at the
time of the relinquishment of a child in circumstances where the record was signed by a parent,
guardian, legal custodian, or legal representative on behalf of the relinquishing birth parent.
(3) A licensed child placement agency is not liable to any person for the failure of a birth
parent to request copies of the records described in subsection (1) of this section pursuant to the
provisions of subsection (1) or subsection (2) of this section. A licensed child placement agency
or succeeding custodian of records is not liable to any person for failure to produce a copy of a
record that did not exist pursuant to the provisions of the Colorado Revised Statutes or rules at
the time of the relinquishment of the child.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-858-
Source: L. 2014: Entire section added, (HB 14 -1042), ch. 261, p. 1050, § 2, effective August
6; IP(1)(a) amended, (HB 14-1162), ch. 167, p. 595, § 10, effective August 6.
PART 2
ADOPTION
Law reviews. For article, "The Adoptee Trap, the Accidental Beneficiary, and the Rational
Testator", see 42 Colo. Law. 29 (Feb. 2013); for comment, "Two Legal Mothers: Cementing
Parental Rights for Lesbian Parents in Colorado", see 91 U. Colo. L. Rev. 1247 (2020).
19-5-200.2. Legislative declaration.
(1) Notwithstanding any other provisions of this title to the contrary, it is the intent of the
general assembly that the court shall protect and promote the best interests of the children who
are the subjects of proceedings held pursuant to this part 2 while giving due regard to the
interests of any other individuals affected.
(2) The general assembly hereby finds and declares that:
(a) It is beneficial for a child placed for adoption 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;
(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 adoptive placements, 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.
Source: L. 94: Entire section added, p. 1198, § 1, effective May 19. L. 2000: Entire section
amended, p. 476, § 6, effective July 1. L. 2003: (2)(c) amended, p. 2627, § 9, effective June 5.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-859-
19-5-201. Who may be adopted.
Any child legally available for adoption as provided in section 19 -5-203, under eighteen years
of age, and either present in the state at the time the petition for adoption is filed or under the
jurisdiction of a court in Colorado for at least six months may be adopted. Upon approval of the
court, a person eighteen years of age or older and under twenty -one years of age may be adopted
as a child, and all provisions of this part 2 referring to the adoption of a child shall apply to such
a person.
Source: L. 87: Entire title R&RE, p. 805, § 1, effective October 1. L. 2017: Entire section
amended, (HB 17-1304), ch. 339, p. 1807, § 1, effective July 1.
Editor's note: 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 -4-105 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For article, "The Adoption
of Children in Colorado", see 37 Dicta 100
(1960). For article, "Adoption Procedures of
Minor Children in Colorado", see 12 Colo.
Law, 1057 (1983). For article, "Lawful
Permanent Residence and Citizenship for
the Adopted Foreign Child", see 15 Colo.
Law. 2207 (1986).
Trial court did not err in exercising
jurisdiction in adoption proceeding where
child had been in the state for the preceding
23 months and had been placed in the state
with the parents' permission. In re Adoption
of K.L.L. ex rel. V .M.D., 160 P.3d 383
(Colo. App. 2007).
19-5-202. Who may adopt.
(1) Any person twenty -one years of age or older, including a foster parent, may petition the
court to decree an adoption.
(2) A minor, upon approval of the court, may petition the court to decree an adoption.
(3) A person having a living spouse from whom he is not legally separated shall petition
jointly with such spouse, unless such spouse is the natural parent of the child to be adopted or
has previously adopted the child.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(4) A person having a living partner in a civil union from whom the person is not legally
separated shall petition jointly with the partner, unless the partner is the natural parent of the
child to be adopted or has previously adopted the child.
(5) A person who is a partner in a civil union may adopt a child of the other partner through
the same process outlined in section 19-5-203 for a stepparent adoption and shall be considered a
stepparent for the purpose of determining whether a child is available for adoption pursuant to
section 19-5-203 (1).
Source: L. 87: Entire title R&RE, p. 805, § 1, effective October 1. L. 88: (1) amended, p. 758,
§ 4, effective May 31. L. 2013: (4) and (5) added, (SB 13 -011), ch. 49, p. 167, § 24, effective
May 1.
Editor's note: 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 -4-106 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For article, "The Adoption
of Children in Colorado", see 37 Dicta 100
(1960). For article, "Adoption Procedures of
Minor Children in Colorado", see 12 Colo.
Law, 1057 (1983). For article, "Lawful
Permanent Residence and Citizenship for
the Adopted Foreign Child", see 15 Colo.
Law. 2207 (1986).
19-5-202.5. Adoption hearings - termination appeals - court docket priority -
exceptions.
(1) On and after July 1, 2002, any hearing concerning a petition for adoption filed in a
district court, the Colorado court of appeals, or the Colorado supreme court and any hearing
concerning a petition filed in the Colorado court of appeals or the Colorado supreme court
related to a child who is available for adoption due to an order of the court terminating the
parent-child legal relationship shall be given a priority on the court's docket. On and after July 1,
2002, if there is no determination on a case concerning a petition for adoption or a case
concerning a child who is available for adoption due to an order of the court terminating the
parent-child legal relationship by any such court within six months of the filing of the petition, it
shall be given a priority on the court's docket that supersedes the priority of any other priority
civil hearing on the court's docket.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(2) Notwithstanding the provisions of subsection (1) of this section, nothing in this section
shall affect the priority of a hearing concerning the issuance of a temporary protection order
pursuant to section 13-14-104.5, C.R.S.
(3) The provisions of this section shall be implemented within existing appropriations.
Source: L. 2002: Entire section added, p. 1643, § 1, effective July 1. L. 2003: (2) amended, p.
1016, § 28, effective July 1. L. 2004: (2) amended, p. 557, § 16, effective July 1. L. 2013: (2)
amended, (HB 13-1259), ch. 218, p. 1017, § 22, effective July 1.
19-5-203. Availability for adoption.
(1) A child may be available for adoption only upon:
(a) Order of the court terminating the parent -child legal relationship in a proceeding brought
under article 3 or 5 of this title;
(b) Order of the court decreeing the voluntary relinquishment of the parent -child legal
relationship under section 19-5-103, 19-5-103.5, or 19-5-105;
(c) Written and verified consent of the guardian of the person, appointed by the court, of a
child whose parents are deceased;
(d) (I) Written and verified consent of the parent in a stepparent adoption where the other
parent is deceased or his parent-child legal relationship has been terminated under paragraph (a)
or (b) of this subsection (1);
(II) Written and verified consent of the parent in a stepparent adoption, accompanied by an
affidavit or sworn testimony of such parent, that the other birth parent has abandoned the child
for a period of one year or more or that the other birth parent has failed without cause to provide
reasonable support for such child for a period of one year or more. Upon filing of the petition in
adoption, the court shall issue a notice directed to the other parent, which notice shall state the
nature of the relief sought, the names of the petitioner and the child, and the time and place set
for hearing on the petition. If the address of the other parent is known, service of such notice
shall be in the manner provided by the Colorado rules of civil procedure for service of process.
Upon affidavit by the petitioner that, after diligent search, the address of the other parent remains
unknown, the court shall order service upon the other parent by one publication of the notice in a
newspaper of general circulation in the county in which the hearing is to be held. The hearing
shall not be held sooner than thirty -five days after service of the notice is complete, and, at such
time, the court may enter a final decree of adoption notwithstanding the time limitation in section
19-5-210 (2).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(d.5) (I) Written and verified consent in a second -parent adoption that the child has a sole
legal parent, and the sole legal parent wishes the child to be adopted by a specified second adult.
(II) In a petition for a second -parent adoption, the court shall require a written home study
report prepared by a county department of human or social services, designated qualified
individual, or child placement agency and approved by the department pursuant to section 19 -5-
207.5 (2). If the child of a sole legal parent was adopted by that parent less than one hundred
eighty-two days prior to the filing of an adoption petition by a second prospective parent and if
the second prospective parent was included in the home study report that was prepared pursuant
to section 19-5-207 for the adoption of the child by the first parent, then that home study report is
a valid home study report for the purpose of the second parent's adoption. If the filing of a
petition for adoption by the second prospective parent occurs one hundred eighty -two days or
more after the adoption by the first parent, a separate home study report is required pursuant to
section 19-5-207.
(e) Written and verified consent of the parent having only residual parental responsibilities
when custody or parental responsibilities have been awarded or allocated to the other parent in a
dissolution of marriage proceeding where the spouse of the parent having custody or parental
responsibilities wishes to adopt the child;
(f) Written and verified consent of the parent or parents, as defined in section 19 -1-103, in a
stepparent adoption where the child's parents were not married at the time the child was
conceived and born;
(g) A statement by the department of human services or its designated agent as to whether
any placement arranged outside the state of Colorado was carried out by a child placement
agency licensed or authorized under the laws of another state to make placements;
(h) Verification by the child placement agency, a county department of human or social
services, or the attorney for the petitioner in any adoption proceeding that any custody obtained
outside the state of Colorado was acquired by:
(I) Proceedings to relinquish all parent -child legal relationships which complied with the
laws of the state where conducted or conformed substantially to the laws of this state; or
(II) Proceedings to terminate all parent -child legal relationships which complied with the
laws of the state where conducted or conformed substantially to the laws of this state; or
(III) Written and verified consent, under the conditions set forth in paragraphs (c) to (f) of
this subsection (1), which was executed in accord with the laws of the state where granted or in
substantial conformity with the laws of this state;
(i) Verification by the department of human services or its designated agent that any custody
obtained outside the state of Colorado was acquired by proceedings sanctioned by the federal
immigration and naturalization service, or any successor agency, in cooperation with the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-863-
department of human services whenever such cooperation is authorized or advised by federal
law;
(j) Submission of an affidavit or sworn testimony of the adoptive relative in a kinship
adoption that the birth parent or birth parents have abandoned the child for a period of one year
or more or that the birth parent or birth parents have failed without cause to provide reasonable
support for such child for a period of one year or more, and that the relative seeking the kinship
adoption has had physical custody of the child for a period of one year or more and the child is
not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title.
Upon filing of the petition in adoption, the court shall issue a notice directed to the birth parent
or birth parents, which notice shall state the nature of the relief sought, the names of the
petitioner and the child, and the time and place set for hearing on the petition. If the address of
the birth parent is known, service of such notice shall be in the manner provided by the Colorado
rules of civil procedure for service of process. Upon affidavit by the petitioner that describes
with specificity the diligent search made by the petitioner, and that states that, after diligent
search, the address of the birth parent or birth parents remains unknown, the court shall order
service upon the birth parent or birth parents by one publication of the notice in a newspaper of
general circulation in the county in which the hearing is to be held. The hearing shall not be held
sooner than thirty-five days after service of the notice is complete, and, at such hearing, the court
may enter a final decree of adoption notwithstanding the time limitation in section 19-5-210 (2).
(k) Submission of an affidavit or sworn testimony of the legal custodian or legal guardian in
a custodial adoption that the birth parent or birth parents have abandoned the child for a period of
one year or more or that the birth parent or birth parents have failed without cause to provide
reasonable support for such child for a period of one year or more and that the legal custodian or
legal guardian seeking the custodial adoption has had the child in his or her physical custody for
a period of one year or more. Upon filing of the petition in adoption, the court shall issue a notice
directed to the birth parent or birth parents, which notice shall state the nature of the relief
sought, the names of the petitioner and the child, and the time and place set for hearing on the
petition. If the address of the birth parent or birth parents is known, service of such notice shall
be in the manner provided by the Colorado rules of civil procedure for service of process. Upon
affidavit by the petitioner that describes with specificity the diligent search made by the
petitioner, and that states that, after diligent search, the address of the birth parent or birth parents
remains unknown, the court shall order service upon the birth parent or birth parents by one
publication of the notice in a newspaper of general circulation in the county in which the hearing
is to be held. The hearing shall not be held sooner than thirty -five days after service of the notice
is complete, and, at such hearing, the court may enter a final decree of adoption notwithstanding
the time limitation in section 19-5-210 (2).
(2) Written consent to any proposed adoption shall be obtained from the person to be adopted
if such person is twelve years of age or older.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-864-
Source: L. 87: Entire title R&RE, p. 805, § 1, effective October 1; (1)(f) amended, p. 1587, §
61, effective October 1. L. 94: (1)(g) and (1)(i) amended, p. 2688, § 211, effective July 1. L. 97:
(1)(d)(II) amended, p. 1161, § 4, effective July 1. L. 98: (1)(f) amended, p. 822, § 29, effective
August 5; (1)(e) amended, p. 1410, § 73, effective February 1, 1999. L. 99: (1)(j) and (1)(k)
added, p. 1062, § 3, effective June 1. L. 2005: (1)(b) amended, p. 765, § 25, effective June 1. L.
2007: (1)(d.5) added, p. 837, § 1, effective August 3. L. 2011: (1)(i) amended, (HB 11-1303), ch.
264, p. 1158, § 38, effective August 10. L. 2012: (1)(d)(II), (1)(d.5)(II), (1)(j), and (1)(k)
amended, (SB 12-175), ch. 208, p. 878, § 140, effective July 1. L. 2018: (1)(d.5)(II) and IP(1)(h)
amended, (SB 18-092), ch. 38, p. 426, § 69, effective August 8; (1)(f) amended, (SB 18-095), ch.
96, p. 754, § 11, effective August 8. L. 2021: (1)(f) amended, (SB 21-059), ch. 136, p. 735, § 87,
effective October 1.
Editor's note: 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 -4-107 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018. For the legislative declaration in SB 18 -095, see section 1 of
chapter 96, Session Laws of Colorado 2018.
ANNOTATION
I. General Consideration.
II. Consent and Availability Without
Consent.
I. GENERAL CONSIDERATION.
Law reviews. For article, "The 1951
Amendments to the Relinquishment and
Adoption Laws", see 28 Dicta 227 (1951).
For article, "The Adoption of Children in
Colorado", see 37 Dicta 100 (1960). For
note, "Batton v. Massar: The Finality of
Colorado Adoptions", see 35 U. Colo. L.
Rev. 314 (1963). For article, "Substantive
Changes in Adoption and Relinquishment
Law in Colorado", see 16 Colo. Law. 2183
(1987). For article, "Securing the
Nonparent's Place in a Child's Life Through
Adoption and Adoption Alternatives", see 37
Colo. Law. 27 (Oct. 2008). For article,
"Colorado Civil Union Act", see 42 Colo.
Law. 91 (July 2013).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Section held constitutional. Stjernholm
v. Mazaheri, 180 Colo. 352, 506 P.2d 155
(1973).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-865-
C.A.R. 3.4 does not violate plaintiff's
constitutional right to equal protection
because parents whose rights are
terminated under this article of the
Colorado Children's Code are not
similarly situated to parents whose rights
are terminated under article 3 of the code.
C.A.R. 3.4 applies to parents subject to
dependency and neglect proceedings under
article 3 of the Colorado Children's Code.
As such, the proceedings focus primarily on
the protection and safety of the children, not
on the custodial interests of the parent.
Further, such a proceeding can be initiated
only by the state. People ex rel. T.D., 140
P.3d 205 (Colo. App. 2006).
Purpose of section. The prime purpose of
the provisions relating to adoption definitely
pertain to the care, support, training, and
welfare of children who are orphaned or left
dependent during minority. Martin v.
Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).
The purpose of adoption proceedings is to
change the status of a child and its adoptive
parents and to create a new status, a new
relationship of parent and child. Johnson v.
Black, 137 Colo. 119, 322 P.2d 99 (1958).
The general assembly has evidenced a
benign policy toward adopted persons.
People ex rel. Dunbar v. White, 144 Colo.
212, 355 P.2d 963 (1960).
This section and § 19 -5-211, when
viewed together, exclude from the reach
of adoption statutes all form of adoption
not otherwise expressly permitted. Adoption
of T.K.J., 931 P.2d 488 (Colo. App. 1996).
This section, when read together with §
19-5-211 contemplates two types of
adoptions. The first is an adoption in which
the rights of the parents are terminated by
the court or are relinquished by the parents,
or by the child's guardian if the parents are
deceased. In such situation, final decree of
adoption has effect of divesting the child's
natural parents of all legal rights and
obligations with respect to the child. The
second is a "stepparent adoption", which
constitutes the only exception to the general
rule that an adoption divests both of the
child's parents of all legal rights and duties
relating to the child. This exception applies
only when custodial parent is married to the
adopting stepparent. Adoption of T.K.J., 931
P.2d 488 (Colo. App. 1996); In re D.S.L., 18
P.3d 856 (Colo. App. 2001).
Reading the plain language of this
section in harmony with other statutes
relating to adoption, children of same -sex
couple whose parents were not married and
whose parents did not intend to relinquish or
terminate custody of children were not
available for adoption. Adoption of T.K.J.,
931 P.2d 488 (Colo. App. 1996).
Procedure mandatory. The procedure
prescribed in subsection (1) cannot be
ignored. Foley v. Carnesi, 123 Colo. 533,
232 P.2d 186 (1951).
Compliance with the provisions of the
adoption statute is mandatory. Allen v.
Huffman, 135 Colo. 1, 307 P.2d 802 (1957).
Petitioners lacked standing to seek
custodial adoption after their temporary
guardianship expired and they failed to
provide proper notice to parents of
hearing to extend guardianship. Although
trial court extended temporary guardianship,
Colorado Revised Statutes 2026
Title 19 - Children's Code
-866-
that order was void for lack of notice to
mother and father, therefore, petitioners
lacked standing as the child's legal guardian.
In re Adoption of K.L.L. ex rel. V .M.D., 160
P.3d 383 (Colo. App. 2007).
Petitioners lacked standing as the
child's legal custodians because, although
they had physical custody of the child for
more than one year, there had been no court
action divesting the parents of legal custody.
In re Adoption of K.L.L. ex rel. V .M.D., 160
P.3d 383 (Colo. App. 2007).
"One year" in former subsection
(1)(e)(II) (now subsection (1)(b)(II))
means the consecutive 12 -month period
immediately preceding the filing of the
petition for stepparent adoption. In re
R.H.N., 673 P.2d 805 (Colo. App. 1983); In
re R.H.N., 710 P.2d 482 (Colo. 1985).
Responsibility of state to protect child's
best interests. In an adoption proceeding,
not only the custody, support, and education
of a minor is involved, but one or both the
parents may be deprived of their rights as
parents. In such cases the state has an
obligation to see that the best interests of the
child and its welfare are served by the
decree of adoption. Clerkin v. Geisendorfer,
137 Colo. 139, 323 P.2d 633 (1958).
The primary consideration in adoption
proceedings is the welfare of the child, and
secondly the rights of the parents. Moreau v.
Buchholz, 124 Colo. 302, 236 P.2d 540
(1951).
Except when it is essential and of
paramount necessity in the best interests of
the child itself to provide otherwise, the law
recognizes and enforces the right to the
custody of their own children which nature
gives to parents. Allen v. Huffman, 135
Colo. 1, 307 P.2d 802 (1957).
In a valid adoption proceeding, the natural
relationship of the parents is superseded by
an artificial relationship, and courts should
act with caution and circumspection in such
proceedings, exerting every effort
commensurate with the welfare of the child
to prevail upon the natural parents to accept
and fulfill their duties toward their child.
Smith v. Welfare Dept., 144 Colo. 103, 355
P.2d 317 (1960).
Parental rights (now parent -child legal
relationship) must yield to interest and
welfare of child. Stjernholm v. Mazaheri,
180 Colo. 352, 506 P.2d 155 (1973); In re
Petition of J.D.K., 37 P.3d 541 (Colo. App.
2001).
As child is ward of state. The initiation
of any proceedings in a court in which the
rights, status, and welfare of an infant may
be affected immediately establishes the
infant's relation to the court as that of its
ward. Smith v. Welfare Dept., 144 Colo.
103, 355 P.2d 317 (1960).
The power of the state to sever the ties
between parent and child should be
exercised with extreme care and only when
the evidence clearly establishes the necessity
of so doing. People in Interest of S.S.T., 38
Colo. App. 110, 553 P.2d 82 (1976).
In assessing whether a parent has
abandoned a child, the court must
examine the totality of the circumstances,
viewed in light of the best interests of the
child, which assessment must include
recognition both that every child is entitled
Colorado Revised Statutes 2026
Title 19 - Children's Code
-867-
to support and nurturance and that, to
preserve parental rights, a parent must give
appropriate attention to parental
responsibilities, with the primary
consideration being the welfare of the child
second to the rights of the parents. In re
Petition of J.D.K., 37 P.3d 541 (Colo. App.
2001).
Where mother abandoned the child and
did not have a relationship with the child,
the court cannot benefit the best interests
of the child by considering the prospects
that the mother, having abandoned a
child, may later seek to establish a
relationship with the child where there has
been no support and nurturance. In re
Petition of J.D.K., 37 P.3d 541 (Colo. App.
2001).
Intent component of abandonment not
adequately shown where, for most of one -
year period prior to filing of petition for
stepparent adoption, biological father was
under court order that prohibited any
meaningful contact concerning child, yet
during that time period father's legal actions
demonstrated that he did not intend to
permanently abandon his rights with respect
to the child. In re J.A.V ., 206 P.3d 467
(Colo. App. 2009).
Further, trial court erred in deferring to
the stay in the parental responsibilities case
and proceeding with the stepparent adoption
absent a prior resolution of father's motion
for parenting time. In re J.A.V ., 206 P.3d 467
(Colo. App. 2009).
Abandonment inquiry focuses on
intent. Court must determine whether, under
the totality of the circumstances, the parent's
intent during the twelve months preceding
the filing of the petition for adoption was to
abandon the child. The abandonment
determination is a question of fact best
determined by the trial court, and the
appellate court erred in holding, essentially
as a matter of law, that father's filing of the
parenting-time motions prior to the filing of
the adoption petition precluded a finding of
intent to abandon. D.P.H. v. J.L.B., 260 P.3d
320 (Colo. 2011).
Court was not required to stay
adoption proceeding pending outcome of
parenting-time motion so long as court
took into account the fact of the motion in
making its abandonment determination.
D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011).
A stepparent adoption proceeding is not
based on a societal responsibility to
improve a child's situation. The best
interest of the child is only one of the factors
to be considered in evaluating a petition in
such a proceeding. People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
A parent -child relationship may not be
destroyed and a new one created by
adoption solely because an official of the
state may believe the child's welfare and the
stepparent's convenience will be served by
such actions. People in Interest of S.S.T., 38
Colo. App. 110, 553 P.2d 82 (1976).
Where a petition for stepparent
adoption is before the court, the court may
consider the natural parent's past conduct
and other relevant considerations in making
a determination as to whether it is unlikely
that the natural parent will make future
Colorado Revised Statutes 2026
Title 19 - Children's Code
-868-
support payments on a regular and
continuous basis. E.R.S. v. O.D.A., 779 P.2d
844 (Colo. 1989).
A stepparent adoption proceeding, like
all other adoption proceedings, is
concluded by a final decree of adoption. It
is only when the final decree is entered that
a natural parent is divested of all rights and
obligations with respect to the child. People
in Interest of S.M.O., 931 P.2d 572 (Colo.
App. 1996).
A child is not available for adoption
within the meaning of paragraph (f) of
subsection (1), without the consent of both
natural parents when both parents are living
and the identity and whereabouts of both
parents are known or ascertainable by due
diligence. In re the Petition of S.O., 795 P.2d
254 (Colo. 1990).
Natural father's motion to set aside
stepparent adoption was properly denied
where father knowingly, intelligently, and
voluntarily consented to his child's adoption
by signing a waiver that was written in
plain, clear, and unambiguous language.
Father's claim that his consent was based on
an understanding that he would receive
visitation rights was insufficient to
overcome the written consent and evidence
that the father was sufficiently informed by
court clerk as to the consequences of signing
consent form. In re the Petition of S.O., 795
P.2d 254 (Colo. 1990).
Parent's incarceration. Incarceration is
not a per se justification for failure to pay
child support. The fact that a parent has been
incarcerated for any or all of the 12 -month
period immediately preceding the filing of
the petition is one factor to be considered by
the court in making its determinations. In re
R.H.N., 673 P.2d 805 (Colo. App. 1983); In
re R.H.N., 710 P.2d 482 (Colo. 1985).
Determination of whether reasonable
support was paid must be predicated on a
party's financial circumstances rather than
on a rigid interpretation of a support order
entered at a prior time. In re R.H.N., 678
P.2d 1070 (Colo. App. 1984).
But parents are not excused from their
obligation to support their children merely
because their incomes are small. Although
incarceration is a factual circumstance that
the court may consider in deciding what
level of support is reasonable, incarceration
does not totally excuse a parent's obligation
to provide some child support. In re R.H.N.,
710 P.2d 482 (Colo. 1985).
Once court has determined that a
natural parent has failed to provide child
support during 12 -month period
preceding filing of petition under former
subsection (1)(e)(II) (now subsection
(1)(h)(II)), the court must look beyond the
12-month period to determine whether there
is any likelihood that natural parent will
provide child support. In re R.H.N., 710 P.2d
482 (Colo. 1985).
Whether a parent has failed to provide
"reasonable support" is question of fact
to be determined by the trial court on a case
by case basis. In re F.J.H., 628 P.2d 159
(Colo. App. 1981); In re R.H.N., 710 P.2d
482 (Colo. 1985).
And parental rights not terminated
whenever parent fails to provide support.
This section does not permit the termination
Colorado Revised Statutes 2026
Title 19 - Children's Code
-869-
of parental rights (now parent -child legal
relationship) whenever a parent fails to
provide the amount of support specified
under a decree for a period of one year. In re
F.J.H., 628 P.2d 159 (Colo. App. 1981).
Mistaken belief on support obligation
considered in ruling on failure to provide
support. While a divorced parent's support
obligation is not legally suspended by the
other parent's violation of the visitation
provisions in a custody decree, a mistaken
belief to this effect is a factual circumstance
which the trial court may consider in ruling
on the question of the failure to provide
reasonable support without cause in a
proceeding which involves the termination
of a parent -child legal relationship. In re
F.J.H., 628 P.2d 159 (Colo. App. 1981).
Because of the harshness of
permanently terminating parental rights
(now parent -child legal relationships),
strict compliance with this section is
required. Petition of T.C.H. v. J.M.S., 190
Colo. 246, 545 P.2d 1357 (1976); In re
F.J.H., 628 P.2d 159 (Colo. App. 1981).
Substantial compliance with the statutory
provisions is essential and must appear of
record. People in Interest of S.S.T., 38 Colo.
App. 110, 553 P.2d 82 (1976).
Burden of statutory adoption is same
on all citizens. Chavez v. Shea, 185 Colo.
400, 525 P.2d 1148 (1974).
Exclusive method of adoption. Except in
a very limited and unique situation, the only
method of legal adoption under the laws of
Colorado is pursuant to the Colorado
Children's Code. Chavez v. Shea, 185 Colo.
400, 525 P.2d 1148 (1974).
A juvenile court has exclusive
jurisdiction in adoption proceedings, but
such jurisdiction does not extend to ousting
a district court of jurisdiction in habeas
corpus proceedings involving the unlawful
restraint of an infant. Johnson v. Black, 137
Colo. 119, 322 P.2d 99 (1958).
But court cannot determine custody
apart from adoption. In adoption
proceedings, where for lack of jurisdiction
or failure to meet statutory requirements, the
effort to adopt fails, a juvenile court has no
power to make an award of custody, nor to
determine the relative rights of natural
parents or of persons seeking to adopt a
child. Johnson v. Black, 137 Colo. 119, 322
P.2d 99 (1958).
Parent's abandonment of child is
question of intent. Lack of mental capacity
may be cause for failure to provide support
and the presumption that an insanity
adjudication results in the continuation of a
state of mental incapacity applies in a
proceeding under this section. Petition of
D.L.M., 703 P.2d 1330 (Colo. App. 1985).
Adoption and abandonment
proceedings distinguished. The question of
abandonment is one of the elements
involved in adoption proceedings, but that
does not change adoption proceedings under
this article to an abandonment proceeding
under § 19 -1-104. Johnson v. Black, 137
Colo. 119, 322 P.2d 99 (1958).
An adjudication in a habeas corpus
proceeding involving custody of a minor
child is not an adjudication of abandonment
as defined in the adoption statute, nor as
used in the dependent and neglected child
Colorado Revised Statutes 2026
Title 19 - Children's Code
-870-
statute since a district court has no
jurisdiction in abandonment proceeding.
Johnson v. Black, 137 Colo. 119, 322 P.2d
99 (1958).
Section may not be supplemented or
supplanted by action in dependency. This
section provides within itself sufficient
means and authority to accomplish its
purpose, and it may not be supplemented or
supplanted by an action in dependency.
People in Interest of S.S.T., 38 Colo. App.
110, 553 P.2d 82 (1976).
A petition in dependency may not be
converted into a proceeding for stepparent
adoption by the actions either of the parties,
the referee, or the trial court. People in
Interest of S.S.T., 38 Colo. App. 110, 553
P.2d 82 (1976).
And procedures are not
interchangeable. Since a petition in
dependency concerns different matters and
fulfills a different purpose than a proceeding
for a stepparent adoption, procedures
applicable to one may not be used to
accomplish the ends of the other. People in
Interest of S.S.T., 38 Colo. App. 110, 553
P.2d 82 (1976).
For the distinction between notice
required by § 19 -3-103 and that required
by this section, see People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
Colorado courts have not recognized
cultural adoption as being legal adoption.
Chavez v. Shea, 185 Colo. 400, 525 P.2d
1148 (1974).
Equitable adoption for purposes of
intestacy. Where there is "an oral contract to
adopt a child, fully performed except that
there was no statutory adoption", the child
could be held equitably adopted for purposes
of intestacy. The court has never applied the
doctrine to factual situations other than those
involving succession to an estate. Chavez v.
Shea, 185 Colo. 400, 525 P.2d 1148 (1974).
Trial court's findings supported by
evidence binding on appeal. Where the
record contains evidence which supports the
findings of the trial court that it is not in the
best interest of the child to proceed with
adoption, those findings are binding on
appeal. In re J.A.A. v. C.R., 618 P.2d 742
(Colo. App. 1980).
Exclusion of expert witness testimony
given the conflicting evidence was
reversible error in kinship adoption case.
Court must first determine whether
terminating the parent -child legal
relationship is in the best interests of the
child before determining whether the child is
available for adoption due to the parent's
failure to provide reasonable support or
abandonment. Social worker's excluded
testimony did not relate to parent's failure to
pay child support, but concerned threshold
issue of whether termination was in the best
interests of the child. In re C.A.B.L., 221
P.3d 433 (Colo. App. 2009).
Magistrate in kinship adoption
proceeding may not take judicial notice of
guardian ad litem's report in mother's
dissolution case because report contains
facts relating to the issues being litigated
and mother has no opportunity to cross -
examine guardian ad litem. However, the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-871-
court may take judicial notice of its own
records and adopt factual findings from a
previous case involving the same parties and
the same issues. In re C.A.B.L., 221 P.3d
433 (Colo. App. 2009).
Applied in Bd. of Control of State Home
v. Mulertz, 60 Colo. 468, 154 P. 742 (1916);
People in Interest of K.S., 33 Colo. App. 72,
515 P.2d 130 (1973).
II. CONSENT AND A V AILABILITY
WITHOUT CONSENT.
Law reviews. For note, "A Compilation
of Consent Provisions of Adoption Statutes",
see 24 Rocky Mt. L. Rev. 359 (1952). For
comment on White v. Davis (163 Colo. 122,
428 P.2d 909 (1967)), see 40 U. Colo. L.
Rev. 151 (1967).
This section applies simply to consent
and not to waiver, and, in view of the
expressed intent of the general assembly to
give the natural parents protection from
hurried and coerced decisions to give up
their child, the meaning of this section
cannot be extended to include waiver of
notice. Thus, the notice required may not be
waived by a minor parent. Foley v. Carnesi,
123 Colo. 533, 232 P.2d 186 (1951).
General assembly has wide discretion
in determining when and under what
conditions child may be adopted without
consent of natural parents. Stjernholm v.
Mazaheri, 180 Colo. 352, 506 P.2d 155
(1973).
Parent has no absolute right to child
under any and all circumstances.
Stjernholm v. Mazaheri, 180 Colo. 352, 506
P.2d 155 (1973).
The determination that a child is
"available for adoption" is only a
preliminary step toward the replacement of
the child's natural parent with one who
appears to be more willing and able to
provide the care, support, and training
necessary for the child's proper
development. People in Interest of S.S.T., 38
Colo. App. 110, 553 P.2d 82 (1976).
Objecting parent must show willingness
to assume obligations. While a natural
parent's rights may not be disregarded,
expressed public policy declares that a
parent seeking to prevent the adoption of his
natural child by a stepparent may not stand
upon his parental rights without
demonstrating a willingness to assume
parental obligations. People in Interest of
S.S.T., 38 Colo. App. 110, 553 P.2d 82
(1976).
Failure to support and abandonment
separate grounds. The Colorado Children's
Code specifies that failure to support
without cause is a separate and independent
ground from that of abandonment for
declaring a child available for adoption so
that if sufficient proof on either or both
grounds is submitted to the court, a
judgment based thereon will not be
disturbed. Karkanen v. Valdesuso, 33 Colo.
App. 47, 515 P.2d 128 (1973).
This section does not require that
abandonment and nonsupport must both
be shown to terminate parental rights
(now parent -child legal relationship).
Buder v. Reynolds, 175 Colo. 28, 486 P.2d
432 (1971).
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Prior court order mandating child
support is not a prerequisite to a finding
that a natural parent has failed without
cause to provide child support.
Accordingly, a child could be adopted
without the natural father's consent where
the natural father had failed to provide any
child support for over a year preceding the
filing for stepparent adoption, the evidence
suggested that he would not pay child
support in the future, and all procedural
requirements of this section had been met. In
re I.R.D., 971 P.2d 702 (Colo. App. 1998).
In assessing whether a parent has
abandoned a child, the court must
examine the totality of the circumstances
viewed in light of the best interests of the
child, and mother's single phone call
made during the year prior to the filing of
the petition for adoption would not preclude
a finding of abandonment. In re Petition of
J.D.K., 37 P.3d 541 (Colo. App. 2001).
Termination of parental rights (now
parent-child legal relationship)
constitutional. Requiring only a showing
that the natural parent has failed without
cause to provide reasonable support for a
child for one year or more, when termination
of a natural parent's rights is sought in a
stepparent adoption, does not violate the
natural parent's constitutional rights. Buder
v. Reynolds, 175 Colo. 28, 486 P.2d 432
(1971).
Consent is necessary in all adoptions,
since without valid consents courts are
without jurisdiction to enter decrees of
adoption. Batton v. Massar, 149 Colo. 404,
369 P.2d 434 (1962).
Minor parent may give consent. Under
this section, the minority of a natural parent
is not a bar to such parent's consent to
adoption. Batton v. Massar, 149 Colo. 404,
369 P.2d 434 (1962).
A mother's consent to the adoption is
necessary unless she has forfeited her
rights. Graham v. Francis, 83 Colo. 346,
265 P. 690 (1928).
When the petition in adoption was filed,
there was no valid order of dependency.
Without such a valid order the consent of the
mother was essential, and not being filed
with that petition, the court was without
jurisdiction to enter the decree of adoption,
and its jurisdiction was no greater because
of the subsequent order of dependency based
on a new petition. The adjudication of
dependency entered subsequent to the filing
of the petition in adoption could not give
vitality to the adoption petition. Storey v.
Shumaker, 131 Colo. 131, 279 P.2d 1057
(1955).
Unverified consent ineffective. Where
the written consent of the natural parent is
not subscribed and sworn to as required by
this section, a decree of adoption will not be
sustained. Allen v. Huffman, 135 Colo. 1,
307 P.2d 802 (1957).
Consent valid in absence of fraud,
coercion, or misrepresentation. A mother
may not avoid the consequences of her
voluntary acts in consenting to the adoption
of her children, on the ground that she did
not realize the seriousness and finality of the
paper she was signing, in the absence of
fraud, coercion, or misrepresentation. Batton
Colorado Revised Statutes 2026
Title 19 - Children's Code
-873-
v. Massar, 149 Colo. 404, 369 P.2d 434
(1962).
Consent required where divorce decree
specifically relieved father of duty to
support child. T.C.H. v. J.M.S., 190 Colo.
246, 545 P.2d 1357 (1976).
After relinquishment, parental consent
unnecessary. If there has been a
relinquishment, then in proceedings for the
adoption of the relinquished child, the
agency to which the child has been
relinquished is the only one that can consent.
Batton v. Massar, 149 Colo. 404, 369 P.2d
434 (1962).
Consent is not required where the parent
has abandoned the child. Neville v. Bracher,
94 Colo. 550, 31 P.2d 911 (1934).
And such parent not entitled to notice
of adoption. Where the mother abandons
and deserts her child, she has no right to
receive notice of the child's adoption. Smith
v. Welfare Dept., 144 Colo. 103, 355 P.2d
317 (1960).
Notice of adoption proceedings under this
section need not be given where a valid
relinquishment has been made, such
relinquishment divesting the natural parents
of all legal right in their child. Smith v.
Welfare Dept., 144 Colo. 103, 355 P.2d 317
(1960).
Under this section, no notice of an
adoption proceeding is required to be given
parents who have relinquished or lost their
rights to the custody of their children by
prior court action. Olsen v. Davidson, 142
Colo. 205, 350 P.2d 338 (1960).
Hearing on adequacy of notice
required. Where the motion to vacate the
adoption decrees claims no notice
whatsoever and further alleges that in
support of an order authorizing service by
publication the procurer of the order made a
false representation that he was unaware of
the whereabouts of the natural father, the
inherent seriousness of such allegations
require an evidentiary hearing to determine
whether the due process requirements in the
adoption proceedings were met. White v.
Davis, 163 Colo. 122, 428 P.2d 909 (1967)
(decided under former § 4 -1-16, C.R.S.
1963).
19-5-203.5. Confirmatory adoption - short title - definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Court" means a district or juvenile court that has jurisdiction over the adoption.
(b) "Petitioner" means the person or persons filing a petition for adoption in accordance with
this section.
(2) (a) Whenever a child is conceived as a result of assisted reproduction and the person who
did not give birth is a parent or a presumed parent pursuant to section 19 -4-106, or a child has a
presumed parent pursuant to section 19-4-105, or when married parents engaging in surrogacy in
another state that results in a court order establishing only one spouse as the parent, the parents
Colorado Revised Statutes 2026
Title 19 - Children's Code
-874-
may complete an adoption of the child to affirm parentage in accordance with this section. Both
parents must join the petition as petitioners.
(b) A complete petition for adoption must include the following documents:
(I) A copy of the petitioners' marriage or civil union certificate if the parents were married or
in a civil union at the time of birth, if applicable, and declarations by the parent who did not give
birth explaining the circumstances of birth and that the person is a parent based on contributing
gametes or consenting to the conception of a child through assisted reproduction pursuant to
section 19-4-106 and attesting that the child was born as a result of assisted reproduction and
attesting that no competing claims of parentage exist;
(II) A copy of the child's birth certificate;
(III) If the child has attained the age of twelve years of age, the consent of the child; and
(IV) A sworn statement by each petitioner acknowledging parentage.
(c) A complete petition for adoption, as described in subsection (2)(b) of this section, serves
as the petitioners' written consent to adoption.
(d) If the child is conceived using sperm, an egg, or an embryo from a donor, the court shall
not require notice of the adoption to the donor or consent to the adoption by the donor.
(3) (a) The petitioners may file in, and jurisdiction is appropriate in, any of the following:
(I) The county where the child at issue is conceived or born;
(II) The county of residence of one or both of the petitioners; or
(III) A Colorado county chosen by the petitioners so long as the child was conceived or born
in Colorado. The petitioners are not required to be residents of Colorado for jurisdiction to be
appropriate so long as the child was conceived or born in Colorado.
(b) Unless otherwise ordered by the court for good cause shown, for purposes of evaluating
and granting a petition for adoption pursuant to this section, the court shall not require:
(I) An in-person hearing or appearance;
(II) A home study by, notice to, or approval of the state department of human services or a
licensed child placement agency as defined in section 19-1-103;
(III) Fingerprinting or a criminal offender record information search;
(IV) Verification that the child is not registered with the federal register for missing children
or the central register; or
(V) A minimum residency period in the home of the petitioner.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-875-
(4) (a) The court shall grant the adoption and issue a decree of adoption within thirty days
after finding:
(I) The petitioner filed a complete petition for adoption pursuant to subsection (2)(b) of this
section; and
(II) (A) For parents who are spouses or civil union partners, the petitioners were married or
in a civil union at the time of the child's conception or birth; or
(B) For presumed parents, or any other person with a claim to parentage of the child who is
required to provide notice of, or consent to, the adoption, the person has received notice and
provided consent to the adoption.
(b) A petition to adopt, pursuant to this section, when a petitioner's parentage is presumed or
legally recognized under Colorado law, must not be denied solely on the basis that the
petitioner's parentage is already presumed or legally recognized.
(c) When parentage is presumed or legally recognized pursuant to Colorado law, failure to
petition for adoption pursuant to this section may not be considered as evidence when two or
more presumptions conflict pursuant to section 19 -4-105 (2)(a), nor in determining the best
interest of the child.
(5) After the decree of adoption is issued regarding a child born to one or more parents,
regardless of marital status, each parent is considered an equal parent with equal parenting rights
and responsibilities.
(6) The decree of adoption must include findings that the parent who gave birth, or the
adjudicated parent, and the parent who adopted the child are the parents of the child.
(7) The short title of this section is "Marlo's Law".
Source: L. 2022: Entire section added, (HB 22 -1153), ch. 210, p. 1386, § 1, effective August
10.
19-5-204. Venue.
A petition for adoption shall be filed in the county of residence of the petitioner or in the
county in which the placement agency is located.
Source: L. 87: Entire title R&RE, p. 806, § 1, effective October 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-876-
Editor's note: 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 -1-105 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
19-5-205. Adoption decree of foreign country approved.
(1) (a) A petition seeking a decree declaring valid an adoption granted by a court of any
country other than the United States of America may be filed at any time by residents of the state
of Colorado.
(b) The petition shall contain all information required in section 19-5-207 (2); except that the
court shall not require the petition to contain or be accompanied by the written consent described
in section 19 -5-207 (1), the written home study report described in section 19 -5-207 (2)(a), the
fees described in section 19-5-207.5 (4), or a written legal memorandum with specific references
to the applicable law of the foreign country.
(2) The court shall issue a decree declaring valid an adoption granted by a court of
competent jurisdiction or other authorized individual or entity of a country other than the United
States of America upon a finding that:
(a) At the time the petition is filed, the petition contains a verified statement that at least one
of the adopting parents is a citizen and resident of the state of Colorado or other evidence that at
least one of the adopting parents is a citizen and resident of the state of Colorado;
(b) The original or a certified copy of a valid foreign adoption decree, together with a
notarized translation, is presented to the court; and
(c) The child is either a permanent resident or a naturalized citizen of the United States. A
photocopy of the child's resident alien card issued by the immigration and naturalization service
of the United States, department of justice, or any successor agency, shall be sufficient evidence
that the child is either a permanent resident or a naturalized citizen of the United States.
(2.5) The adopting parties filing a petition pursuant to this section shall not be required to be
represented by an attorney.
(3) Any decree issued pursuant to this section shall have the same legal effect as any decree
of adoption issued by the court.
Source: L. 87: Entire title R&RE, p. 806, § 1, effective October 1. L. 97: (1)(b) and (2)
amended and (2.5) added, p. 1162, § 5, effective July 1. L. 99: (1)(b) amended, p. 1024, § 5,
effective May 29. L. 2011: (2)(c) amended, (HB 11 -1303), ch. 264, p. 1158, § 39, effective
August 10.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-877-
Editor's note: 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 -4-107.5 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For article, "Lawful
Permanent Residence and Citizenship for
the Adopted Foreign Child", see 15 Colo.
Law. 2207 (1986).
19-5-205.5. Nonpublic agency interstate and foreign adoptions - authority for state
department to select agencies - legislative declaration.
(1) The general assembly finds that timely processing of adoptions is in the best interests of
the children being adopted. It is therefore the intent of the general assembly to expedite
permanency for those children who are being adopted. It is the purpose of this section to promote
timely processing of nonpublic agency interstate and foreign adoptions while increasing the
department of human services' capacity to utilize existing staff to perform other child welfare
functions.
(2) (a) The department is authorized to select nonpublic, licensed child placement agencies
authorized to handle adoptions or nonpublic agencies that meet the qualifying criteria to be
licensed child placement agencies pursuant to part 9 of article 6 of title 26, and any
implementing rules promulgated by the department for the provision of services to individuals
seeking assistance in nonpublic agency interstate or foreign adoption cases pursuant to this part
2. The department shall, by rule, establish qualifying criteria by which such nonpublic agencies
are selected for this purpose.
(b) The department shall further promulgate rules creating standards by which the
department may evaluate the delivery of services by the selected nonpublic agencies and
identifying the services and functions to be rendered by the nonpublic agencies selected pursuant
to paragraph (a) of this subsection (2) including, but not limited to, the following:
(I) The review of all background information concerning the birth parents and individual
case material on the adopting family's assessment;
(II) The review of all legal documents related to the relinquishment or termination of the
birth parents' rights;
(III) The review of all birth and medical information;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(IV) The review of correspondence with the immigration and naturalization service in the
United States, department of justice, or any successor agency, in foreign adoptions;
(V) The review of the child's social history, legal documents, medical information, and birth
certificate in foreign adoption cases in which the child is to be placed in Colorado;
(VI) The provision of relinquishment counseling;
(VII) The promotion of permanent plans for the adopted child;
(VIII) The agency's compliance with federal and Colorado laws, including, but not limited
to, the "Interstate Compact on Placement of Children" as set forth in part 18 of article 60 of title
24, C.R.S.;
(IX) The timeliness of the provision of services; and
(X) The overall protection of the child being adopted.
(3) (a) Nonpublic agencies may charge reasonable and necessary fees and costs to defray the
direct and indirect expenses associated with the provision of nonpublic agency interstate and
foreign adoption services associated with the statutorily required review and approval of
interstate and foreign adoptive placements. Pursuant to section 19 -5-208 (4), all fees and costs
charged for services associated with the review and approval of interstate and foreign adoptions
shall be separately specified in the expenses listed for the court's review as required.
(b) The department of human services shall, by rule, establish guidelines for the fees and
costs which such nonpublic agencies selected pursuant to subsection (2) of this section may
charge for the delivery of such services.
(4) All interstate and foreign adoptions in Colorado made by the court, the county
departments of human or social services, or licensed child placement agencies must be made
pursuant to section 19-5-206 (1).
(5) For purposes of this section, "nonpublic agency interstate and foreign adoption" is
defined in section 19-1-103.
Source: L. 94: Entire section added, p. 1200, § 1, effective July 1. L. 96: (4) amended, p. 84, §
10, effective March 20. L. 97: (2)(a), IP(2)(b), and (2)(b)(I) amended and (5) added, p. 1162, § 6,
effective July 1. L. 2011: (2)(b)(IV) amended, (HB 11 -1303), ch. 264, p. 1159, § 40, effective
August 10. L. 2018: (4) amended, (SB 18-092), ch. 38, p. 427, § 70, effective August 8. L. 2021:
(5) amended, (SB 21 -059), ch. 136, p. 735, § 88, effective October 1. L. 2022: (2)(a) amended,
(HB 22-1295), ch. 123, p. 837, § 43, effective July 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-879-
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
19-5-206. Placement for purposes of adoption.
(1) A placement of any child legally available for adoption pursuant to section 19 -5-203
(1)(a), (1)(b), (1)(c), or (1)(g) must not be made for the purposes of adoption except by the court
pursuant to section 19 -5-104 (2), the county department of human or social services, or a
licensed child placement agency.
(2) (a) In child welfare cases, a child's best interests shall be the primary consideration for a
court, county department, or licensed child placement agency in making determinations
concerning the placement of the child for the purpose of adoption.
(b) (Deleted by amendment, L. 2010, (HB 10 -1106), ch. 278, p. 1272, § 2, effective May 26,
2010.)
(c) An agency that has responsibility for placing children out of the home shall use good
faith efforts and due diligence to recruit and retain prospective foster and adoptive families from
communities that reflect the racial, ethnic, cultural, and linguistic backgrounds of the children in
the agency's care.
(d) In making determinations concerning the placement of a child for the purpose of
adoption, a court, county department, or licensed child placement agency may, under
extraordinary circumstances, consider the racial or ethnic background, color, or national origin
of:
(I) The child; or
(II) A family who has submitted an application to adopt.
(e) A court, county department, or licensed child placement agency shall not delay a foster or
adoptive placement of a child as a result of the racial or ethnic background, color, or national
origin of:
(I) The child; or
(II) A family who has submitted an application to foster or adopt a child.
(f) In private adoption cases, a birth parent or birth parents may designate a specific
applicant with whom they may wish to place their child for purposes of adoption. After
assessment and approval of the potential adoptive parents and subsequent relinquishment of the
child, the court shall grant guardianship of the child to a person or agency described in section
19-5-104 (1) until finalization of adoptive placement.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(g) The court may waive the assessment and approval of the potential adoptive parents in
cases involving kinship or custodial adoption or may determine and order the kind of information
or written report it deems necessary for the assessment and approval of the potential adoptive
parents, including an abbreviated home study or home evaluation. The court may proceed to
finalize such adoptive placement upon finding that the placement is in the best interests of the
child.
(3) (Deleted by amendment, L. 2010, (HB 10 -1106), ch. 278, p. 1272, § 2, effective May 26,
2010.)
Source: L. 87: Entire title R&RE, p. 807, § 1, effective October 1. L. 89: (2) amended, p. 938,
§ 2, effective March 21. L. 94: (2) amended, p. 71, § 1, effective March 15; (3) added, p. 673, §
2, effective July 1. L. 99: (2) amended, p. 1063, § 4, effective June 1. L. 2010: (2) and (3)
amended, (HB 10-1106), ch. 278, p. 1272, § 2, effective May 26. L. 2018: (1) amended, (SB 18-
092), ch. 38, p. 427, § 71, effective August 8.
Editor's note: 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 -4-108 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Law reviews. For article, "Adoption
Procedures of Minor Children in Colorado",
see 12 Colo. Law. 1057 (1983). For article,
"Substantive Changes in Adoption and
Relinquishment Law in Colorado", see 16
Colo. Law. 2183 (1987).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Welfare departments and placement
agencies not solely authorized to place
adoptive children. Inasmuch as the general
assembly has granted the court exclusive
jurisdiction over adoptions, has expressly
authorized adoptive placement, and has
given the court the final and sole
responsibility of approving or disapproving
adoptions, it would be totally inconsistent to
conclude that the welfare department or
licensed placement agencies are the sole
entities authorized to place a child for
adoption following termination of parental
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rights. People in Interest of M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234 (1974).
19-5-207. Written consent and home study report for public adoptions - fingerprint-
based criminal history record checks - investigation - rules.
(1) When a child is placed for adoption by the county department of human or social
services, a licensed child placement agency, or an individual, the department, agency, or
individual shall file, with the petition to adopt, its written and verified consent to such adoption
in addition to any notices received or sent pursuant to the terms of the "Interstate Compact on
Placement of Children" set forth in part 18 of article 60 of title 24.
(2) In all petitions for adoption, whether by the court, the county department of human or
social services, or child placement agencies, in addition to written consent, the court shall require
a written home study report from the county department of human or social services, the
designated qualified individual, or the child placement agency approved by the state department
of human services pursuant to section 19-5-207.5 (2) showing the following:
(a) The physical and mental health, emotional stability, and moral integrity of the petitioner
and the ability of the petitioner to promote the welfare of the child; but no physical examination
shall be required of any person who in good faith relies upon spiritual means or prayer in the free
exercise of religion to prevent or cure disease unless there is reason to believe such person's
physical condition is such that he or she would be unable to take care of such child;
(b) Confirmation that the petitioner has participated in adoption counseling if the court
deems appropriate. The counseling may address the permanence of the decision, the impact of
the decision on the adopting parent and the adopting parent's family now and in the future, and
the issues that may arise in the event that the adoptee at some time in the future desires to contact
the relinquishing parent.
(c) The physical and mental condition of the child;
(d) The child's family background, including the names of parents and other identifying data
regarding the parents, if obtainable;
(e) Reasons for the termination of the parent-child legal relationship;
(f) The suitability of the adoption of this child by this petitioner and the child's own
disposition toward the adoption in any case in which the child's age makes this feasible; and
(g) The length of time the child has been in the care and custody of the petitioner.
(2.5) (a) (I) In all petitions for adoption, whether by the court, the county department of
human or social services, or child placement agencies, in addition to the written home study
report described in subsection (2) of this section, the court shall require the county department of
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human or social services, the designated qualified individual, or the child placement agency to
conduct the fingerprint-based criminal history record checks for any prospective adoptive parent
or any adult residing in the home.
(II) For purposes of fulfilling the fingerprint-based criminal history record checks required in
subsection (2.5)(a)(I) of this section, the state board of human services shall promulgate rules
concerning petitions for adoption when a child is placed for adoption by the county department
of human or social services or a child placement agency to require each prospective adoptive
parent attempting to adopt a child placed for adoption by the county department of human or
social services or a child placement agency to obtain fingerprint -based criminal history record
checks through the Colorado bureau of investigation and the federal bureau of investigation. The
prospective adoptive parent to whom this subsection (2.5)(a)(II) applies shall be responsible for
the cost of the fingerprint-based criminal history record checks.
(III) For purposes of fulfilling the criminal history records check required in subparagraph (I)
of this paragraph (a), a prospective adoptive parent, other than a prospective adoptive parent
specified in subparagraph (II) of this paragraph (a), shall obtain fingerprint -based criminal
history record checks through the Colorado bureau of investigation and the federal bureau of
investigation. A prospective adoptive parent to whom this subparagraph (III) applies shall be
responsible for providing a complete set of fingerprints to the Colorado bureau of investigation
and for obtaining the fingerprint -based criminal history record checks. The prospective adoptive
parent shall also be responsible for the cost of the criminal history record checks.
(IV) A prospective adoptive parent described in subsection (2.5)(a)(III) of this section shall
be responsible for presenting the results of his or her fingerprint -based criminal history record
checks and the results of the fingerprint -based criminal history records checks of any adult
residing in the home to the court for review by the court. The county department of human or
social services or the child placement agency, as may be appropriate, shall report to the court any
case in which fingerprint -based criminal history record checks reveal that the prospective
adoptive parent who is attempting to adopt a child placed for adoption by a county department of
human or social services or child placement agency or any adult residing in the home was
convicted at any time of a felony or misdemeanor in one of the following areas:
(A) Child abuse or neglect;
(B) Spousal abuse;
(C) Any crime against a child, including but not limited to child pornography;
(D) Any crime, the underlying factual basis of which has been found by the court on the
record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
(E) Violation of a protection order, as described in section 18-6-803.5, C.R.S.;
(F) Any crime involving violence, rape, sexual assault, or homicide; or
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(G) Any felony physical assault or battery conviction or felony drug -related conviction
within, at a minimum, the past five years.
(a.5) (I) Notwithstanding the provisions of sub -subparagraph (B) of subparagraph (II) of
paragraph (b) of this subsection (2.5), a licensed child placement agency or a county placement
agency may conduct an investigation of a prospective adoptive parent's background only if the
fingerprint-based criminal history records check required pursuant to paragraph (a) of this
subsection (2.5) reveals that the prospective adoptive parent was convicted of a felony or
misdemeanor at least ten years prior to the application for adoption.
(II) If a licensed child placement agency or a county placement agency conducts an
investigation of the prospective adoptive parent, it shall have the opportunity to present its
findings to the juvenile court responsible for reviewing the petition for adoption. The licensed
child placement agency or the county placement agency shall provide to the juvenile court
responsible for reviewing the petition for adoption:
(A) A certified copy of any criminal court documentation substantiating the disposition of
the applicant's felony criminal case; or
(B) Certified documentation that the court records concerning the felony case have been
destroyed or are otherwise unavailable.
(III) Pending the results of the investigation by the licensed child placement agency or the
county placement agency and the juvenile court's ruling on the eligibility of the applicant for the
placement of a child, the child shall not be placed in the prospective adoptive parent's home if
the fingerprint-based criminal history records check revealed that the prospective adoptive parent
was convicted at any time of a felony or misdemeanor.
(b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b), a person
convicted of a felony offense specified in subparagraph (IV) of paragraph (a) of this subsection
(2.5) may be allowed to adopt a child if:
(A) The applicant has had no further arrests or convictions subsequent to the conviction;
(B) The applicant has not been convicted of a pattern of misdemeanors, as defined by rule of
the state board of human services; and
(C) The court enters a finding consistent with section 19 -5-210 (2)(d) that the adoption is in
the best interests of the child.
(II) A person convicted of a felony offense as described in this subparagraph (II) shall not be
allowed to adopt a child if there is:
(A) A felony conviction on the application for adoption that involves child abuse, as
described in section 18 -6-401, C.R.S.; a crime of violence, as defined in section 18 -1.3-406,
Colorado Revised Statutes 2026
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C.R.S.; or a felony offense involving unlawful sexual behavior, as defined in section 16 -22-102
(9), C.R.S.;
(B) A felony conviction on the application for adoption that occurred less than five years
prior to the application that involved physical assault or battery or a drug-related offense; or
(C) A felony conviction on the application for adoption that occurred less than ten years prior
to the application and involved domestic violence, as defined in section 18-6-800.3, C.R.S.
(c) In addition to the fingerprint-based criminal history record checks, the county department
of human or social services, the individual, or the child placement agency conducting the
investigation shall contact the state department of human services and the appropriate entity in
each state in which the prospective adoptive parent or parents or any adult residing in the home
has resided in the preceding five years to determine whether the prospective adoptive parent or
parents or any adult residing in the home has been found to be responsible in a confirmed report
of child abuse or neglect and shall report such information to the court. Information obtained
from any state records or reports of child abuse or neglect must not be used for any purpose other
than completing the investigation for approval of the prospective adoptive parent.
(d) The state board of human services shall promulgate rules setting forth the procedures for
the fingerprint -based criminal history record check and the report to the court described in
paragraph (a) of this subsection (2.5).
(3) In proposed relative adoptions, the court shall review the report prepared pursuant to
subsection (2) of this section. The court may order further assessment if the court deems it
necessary.
(4) Any party to the adoption proceeding may be entitled to see the report required by
subsection (2) of this section; except that the names of parents and adoptive parents and any
means of identifying either shall not be made available except upon order of the court.
(5) to (7) (Deleted by amendment, L. 99, p. 1018, § 1, effective May 29, 1999.)
(8) If a court orders a county department of human or social services to counsel a birth parent
concerning relinquishment of a child pursuant to the provisions of sections 19 -5-103 and 19 -5-
104, the county department shall charge a fee to meet the full cost of the counseling.
(9) If the child is being placed in an adoptive home by a licensed child placement agency,
such agency shall file an affidavit with the court stating that the agency's license is in good
standing with the department. A licensed child placement agency involved in an adoption
proceeding pursuant to this article 5 shall immediately notify the court in writing of any
suspension, revocation, or denial of its license or of any disciplinary action taken against the
agency by the state of Colorado. Failure of the agency to provide such notification is a class 2
misdemeanor. The department shall, by rule, adopt a mechanism by which a child placement
agency shall notify the court of any disciplinary action against the agency.
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Source: L. 87: Entire title R&RE, p. 807, § 1, effective October 1. L. 89: (1) amended, p. 939,
§ 3, effective March 21. L. 94: (5) and (6) amended, p. 2688, § 212, effective July 1. L. 97:
Entire section amended, p. 1163, § 8, effective July 1. L. 98: (2.5) added and (6) amended, p.
1423, §§ 10, 11, effective July 1. L. 99: IP(2), (2.5)(a), and (5) to (7) amended, p. 1018, § 1,
effective May 29. L. 2001: (2.5) amended, p. 851, § 13, effective June 1. L. 2003: (2.5)(a)
amended, p. 1016, § 29, effective July 1; (2.5)(a) amended, p. 1407, § 13, effective January 1,
2004. L. 2005: (2.5) amended, p. 584, § 1, effective May 26. L. 2007: (2.5)(b) amended and
(2.5)(a.5) added, p. 693, § 1, effective May 3; (2.5)(a)(I), (2.5)(a)(IV)(C), and (2.5)(c) amended,
p. 1019, § 10, effective May 22. L. 2018: (1), IP(2), (2.5)(a)(I), (2.5)(a)(II), IP(2.5)(a)(IV),
(2.5)(c), and (8) amended, (SB 18 -092), ch. 38, p. 427, § 72, effective August 8. L. 2021: (9)
amended, (SB 21-271), ch. 462, p. 3221, § 390, effective March 1, 2022.
Editor's note: (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 -4-109
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (2.5)(a) by House Bill 03 -1117 and House Bill 03 -1211 were
harmonized.
Cross references: For the legislative declaration contained in the 2001 act amending
subsection (2.5), see section 1 of chapter 241, Session Laws of Colorado 2001. For the
legislative declaration contained in the 2003 act amending subsection (2.5)(a), see section 1 of
chapter 196, Session Laws of Colorado 2003. For the legislative declaration in SB 18 -092, see
section 1 of chapter 38, Session Laws of Colorado 2018.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Agency alone can consent after
relinquishment. If there has been a
relinquishment, then in proceedings for the
adoption of the relinquished child, the
agency to which the child has been
relinquished is the only one that can consent.
Batton v. Massar, 149 Colo. 404, 369 P.2d
434 (1962).
Proof of abandonment does not assure
adoption for the persons seeking to adopt.
They may not qualify as adoptive parents
because of lack of proof of financial ability,
lack of moral qualities, or numerous other
deficiencies. Johnson v. Black, 137 Colo.
119, 322 P.2d 99 (1958).
Colorado Revised Statutes 2026
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19-5-207.3. Placement of sibling groups.
(1) When a child is placed for adoption by the county department, if the child is part of a
sibling group, as defined in section 19-1-103, the county department shall include in the adoption
report prepared for the court the names and current physical custody and location of any siblings
of the child who are also available for adoption; except that the names of children, parents,
caretakers, and adoptive parents and any means of identifying such persons must not be made
available to any party to the adoption proceeding except upon order of the court or as otherwise
permitted by law.
(2) If the child is part of a sibling group, the county department shall make thorough efforts
to locate a joint placement for all of the children in the sibling group who are available for
adoption. If the county department locates an appropriate, capable, willing, and available joint
placement for all of the children in the sibling group, it shall be presumed that placement of the
entire sibling group in the joint placement is in the best interests of the children. Such
presumption may be rebutted 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.
(3) If the child is part of a sibling group, as defined in section 19 -1-103, and is being placed
for adoption by a child placement agency in either a circumstance involving siblings who are the
result of a multiple birth or a circumstance in which a parent has relinquished parental rights to
the children to a child placement agency, the child placement agency shall make thorough efforts
to locate a joint placement for all of the children in the sibling group who are available for
adoption. If the child placement agency locates an appropriate, capable, willing, and available
joint placement for all of the children in the sibling group, it is presumed that placement of the
entire sibling group in the joint placement is in the best interests of the children. Such
presumption may be rebutted 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. If an
entire sibling group is not placed together in an adoptive placement, the child placement agency
shall place as many siblings of the group together as possible, considering their relationship and
the best interests of each child.
(4) Consideration of the placement of children together as a sibling group shall not delay the
efforts for expedited permanency planning or permanency planning in order to achieve
permanency for each child in the sibling group.
Source: L. 2000: Entire section added, p. 477, § 7, effective July 1. L. 2003: (2) and (3)
amended, p. 2628, § 10, effective June 5. L. 2021: (1) and (3) amended, (SB 21-059), ch. 136, p.
735, § 89, effective October 1.
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19-5-207.5. Legislative declaration - standardized home studies - adoptive family
resource registry - rules.
(1) Legislative declaration.
(a) (I) The general assembly finds that there are a growing number of children in the legal
custody of the county departments of human or social services who are the victims of physical or
sexual abuse, neglect, or abandonment and who are awaiting permanent placement in safe,
loving, and nurturing adoptive homes. The general assembly further finds that with the expedited
permanency procedures that have been established and with the enactment of legislation
implementing the federal "Adoption and Safe Families Act of 1997", Pub.L. 105 -89, it is
anticipated that the number of children available for adoption will continue to increase
dramatically and that there will be a corresponding increased need to identify statewide those
families that are willing and qualified to adopt these needy children.
(II) The general assembly finds that, although the county departments of human or social
services have made admirable efforts in assessing and reporting on the qualifications of families
interested in adopting, there is a need to make the valuable resource of such qualified families
more available and accessible to all counties in the state in order to satisfy the growing need for
suitable adoptive families.
(b) Accordingly, the general assembly determines that it is appropriate and desirable for the
state department to aid the county departments of human or social services in their efforts to
achieve permanency for children in their legal custody who are available for adoption by making
accessible to such county departments a statewide adoptive family resource registry of families
who are qualified for and desirous of adopting children with special needs. Toward that end, the
general assembly further determines that it would be beneficial to such children and families for
the state department to develop an approved vendor list of qualified home study providers by
region, standardized investigation criteria, and minimum uniform adoptive home study report
standards in order to achieve more timely adoptive placements, to reduce the burden associated
with the adoption process, and to avert the possibility of failed adoptions.
(2) Approved vendor lists for home studies.
(a) In order to achieve greater access to qualified families seeking to adopt children, to
expedite permanency placement for children available for adoption, and to obtain reliable, high -
quality assessments of families that can result in permanent and healthy placements, the state
department shall develop an approved vendor list of county departments, individuals, and child
placement agencies qualified to prepare the home study reports in public adoptions as required
by section 19-5-207 (2).
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(b) (I) On or before January 1, 2000, the state department shall issue a public request for
applications from county departments of human or social services, individuals, and child
placement agencies desirous of conducting investigations and preparing written home study
reports for prospective public adoptions in specified counties or geographic regions. The state
department shall review the applications it receives and shall determine which applicants meet
the qualifying criteria identified by the state board of human services pursuant to subsection
(2)(b)(II) of this section. Each county department of human or social services, individual, or
child placement agency that meets the qualifying criteria must be placed on the approved vendor
list of home study report providers.
(II) The state board of human services shall promulgate rules identifying the qualifying
criteria that county departments of human or social services, individuals, and child placement
agencies must meet in order to qualify as an approved vendor pursuant to this subsection (2)(b)
for the purpose of conducting adoptive investigations and preparing home study reports. All
county departments of human or social services, qualified individuals, and child placement
agencies that submit applications to the state department and that meet the qualifying criteria
must be selected to perform home studies and, once such county departments, individuals, or
agencies have been approved by the state department pursuant to this subsection (2)(b), they
shall be available to perform home studies in the specified county or region.
(c) All qualified county departments of human or social services, individuals, and child
placement agencies approved by the state department to conduct home studies pursuant to
subsection (2)(b) of this section shall prepare their home study reports in compliance with the
minimum uniform standards prescribed by rule of the state board as described in subsection (3)
of this section and any other additional criteria and standards established by a particular county
pursuant to subsection (3)(b) of this section.
(d) Each qualified county department of human or social services, individual, or child
placement agency approved by the state department may promote the adoption of available
children through a public information campaign directed at educating and informing the public
about the need for safe and healthy adoptive families. Regional educational campaigns are
encouraged.
(e) All qualified county departments of human or social services, individuals, and child
placement agencies approved by the state department pursuant to this subsection (2) may
participate in the statewide training provided by the state department.
(3) Standards for home studies.
(a) The state board of human services shall promulgate rules identifying the criteria for the
investigation and the minimum uniform standards for the home study reports with which the
qualified county departments of human or social services, individuals, or child placement
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agencies approved by the state department must comply. The criteria must include, but are not
limited to:
(I) The quality standards that the county department of human or social services, the
individual, or the child placement agency must achieve;
(II) The time frames within which the county department of human or social services, the
individual, or the child placement agency must complete the investigations and home study
reports; and
(III) The capacity of the county department of human or social services, the individual, or the
child placement agency to assess the abilities of prospective adoptive families to meet the needs
of a child with special needs.
(b) Nothing in this section prohibits a county department of human or social services from
establishing additional criteria and standards that a county department of human or social
services, an individual, or a child placement agency must meet in preparing a home study report.
(4) Fees for investigations and home studies.
(a) (I) Any person who, by his or her own request or by order of the court as provided in
section 19-5-209, is the subject of a home study report and investigation conducted pursuant to
section 19-5-207 by a county department of human or social services, an individual, or a child
placement agency is required to pay, based on an ability to pay, the cost of such report and
investigation.
(II) In public adoptions, the state board of human services shall promulgate rules establishing
the maximum amount that a county department of human or social services, an individual, or a
child placement agency may charge a prospective adoptive family for the investigation,
fingerprint-based criminal history record checks, and home study report required pursuant to
section 19-5-207.
(III) The county department of human or social services may waive the fee established
pursuant to this subsection (4) if the fee poses a barrier to the adoption of a child for whom a
county department of human or social services has financial responsibility.
(b) (I) In addition to the fee specified in subsection (4)(a) of this section, if the county
department of human or social services has not placed a child available for a public adoption
with a family who is the subject of an investigation and home study report after six months, then
the county shall refer the family and the home study report for such family to the adoptive family
resource registry established pursuant to subsection (5) of this section if there is written consent
pursuant to subsection ( 5)(c)(I) of this section. Prior to referral of a prospective adoptive family
to the adoptive family resource registry, the prospective adoptive family must be assessed and
shall pay a nonrefundable administrative fee in an amount to be determined by rule of the state
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board of human services. A family must not be assessed the fee described in this subsection
(4)(b) if the family is not referred to the adoptive family resource registry.
(II) The department or the contractor selected by the department to administer the adoptive
family resource registry shall collect the administrative fee established by rule of the state board
of human services pursuant to subparagraph (I) of this paragraph (b) and apply the revenue from
said fees to offset the costs incurred for the administration of the adoptive family resource
registry.
(III) Nothing in this paragraph (b) shall be construed to prevent a county from referring a
family to the adoptive family resource registry before the six month period has lapsed.
(5) Adoptive family resource registry.
(a) Subject to available funds as specified in subsection (5)(b)(III) of this section, the state
department shall establish a statewide adoptive family resource registry that county departments
of human or social services may access to determine the availability of qualified families seeking
to adopt a child in the custody of a county department of human or social services. The state
department is authorized to contract with a public or private entity for the provision of this
service.
(b) (I) The executive director of the department is authorized to accept and expend on behalf
of the state any funds, grants, gifts, or donations from any private or public source for the
purpose of establishing the statewide adoptive family resource registry; except that no gift, grant,
or donation shall be accepted if the conditions attached thereto require the expenditure thereof in
a manner contrary to law.
(II) The executive director of the department is authorized to apply for a federal waiver, if
necessary, to authorize the use of federal grant moneys to implement this section.
(III) No general fund moneys shall be expended for the establishment of the adoptive family
resource registry. The adoptive family resource registry shall be established only upon the receipt
of sufficient grants, gifts, and donations pursuant to subparagraph (I) of this paragraph (b).
(c) (I) No home study report, or any other information concerning a person interested in a
public adoption shall be submitted to the adoptive family resource registry without such person's
written consent.
(II) The state board of human services shall promulgate rules specifying the limited amount
of nonidentifying data concerning a person interested in a public adoption that is available to
county departments of human or social services on the internet through the adoptive family
resource registry.
(III) The state board of human services shall promulgate rules identifying the standards and
procedures with which the department or the contractor selected by the department to administer
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the adoptive family resource registry shall comply in order to preserve the confidentiality and
privacy of the prospective adoptive family as much as possible.
Source: L. 99: Entire section added, p. 1019, § 2, effective May 29. L. 2018: (1), (2), (3),
(4)(a), (4)(b)(I), (5)(a), and (5)(c)(II) amended, (SB 18 -092), ch. 38, p. 429, § 73, effective
August 8.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Law reviews. For article, "Achieving
Safe, Permanent Homes for Colorado
Children", see 31 Colo. Law. 37 (Oct. 2002).
19-5-208. Petition for adoption - open adoption - post-adoption contact agreement.
(1) The petition for adoption shall be filed not later than thirty -five days after the date on
which the child is first placed in the home of the adoptive applicants for the purpose of adoption
unless the court finds that there was reasonable cause or excusable neglect for not filing the
petition. The court shall then fix a date for the hearing.
(2) Every petition for adoption of a child shall be verified by the petitioner and shall be
entitled substantially as follows: "In the matter of the petition of .......... for the adoption of a
child." It shall contain:
(a) The name, date and place of birth, race, and place of residence of each petitioner,
including the maiden name of the adopting mother, and the date of marriage, if any, of the
petitioners;
(b) The name, date and place of birth, and place of residence, if known by the petitioner, of
the child to be adopted;
(c) The relationship, if any, of the child to the petitioner;
(d) The full name by which the child shall be known after adoption;
(e) The full description of the property, if any, of the child;
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(f) The names of the parents of the child, and the address of each living parent, if known to
the petitioner;
(g) The names and addresses of the guardian of the person and the guardian of the estate of
the child, if any have been appointed;
(h) The name of the agency or person to whom the custody of the child has been given by
proper order of court;
(i) The length of time the child has been in the care and custody of the petitioner;
(j) Names of other children, both natural and adopted and both living and dead, of the
adopting parents;
(k) The residence and occupation of each petitioner at or about the time of the birth of the
child.
(2.5) (a) Pursuant to article 1.2 of this title 19, the petition for adoption must:
(I) Include a statement indicating what continuing inquiries the county department of human
or social services or child placement agency has made in determining whether the child who is
the subject of the proceeding is an Indian child;
(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 Indian child's parent or Indian custodian and to the Indian
child's tribe pursuant to article 1.2 of this title 19, the postal receipts, or copies thereof, must be
attached to the petition for adoption and filed with the court or filed within fourteen days after
the filing of the petition for adoption, as specified in article 1.2 of this title 19.
(3) If the adoption placement is made by the county department of human or social services
or a child placement agency, the information required in subsections (2)(b) and (2)(f) of this
section must not be included in the petition but transmitted to the court as part of the home study
report required in section 19-5-207.
(4) The petition shall be accompanied by a standardized affidavit form prescribed by the
judicial department disclosing any and all fees, costs, or expenses charged or to be charged by
any person or agency in connection with the adoption.
(4.5) (a) An agreement entered into pursuant to this subsection (4.5) is considered an open
adoption.
(b) Only the petitioner may request a post -adoption contact agreement for contact between a
child or youth and the birth parent or parents; a birth relative, as set forth in section 19 -3-605 (1);
Colorado Revised Statutes 2026
Title 19 - Children's Code
-893-
or an Indian tribe if the child or youth is a member of the Indian tribe. A post -adoption contact
agreement may include provisions for contact, family time, or the exchange of information, and
the grounds, if any, on which the adoptive parent may decline to permit contacts or cease
providing contact or information. If a child or youth is available for adoption through an
expedited relinquishment pursuant to section 19 -5-103.5, the contact agreement must be limited
to contact between the child or youth and the birth parents and the child's or youth's biological
siblings.
(c) If a child is twelve years of age or older, the court shall not order a post -adoption contact
agreement unless the child consents to all terms of the contact agreement.
(d) The court shall include the post -adoption contact agreement in the adoption decree if the
court finds the contact agreement is in the child's best interests, after considering the child's
wishes and any other relevant information.
(e) A parent who has relinquished parental rights pursuant to section 19 -5-104, or whose
parental rights have been terminated pursuant to section 19 -3-604 or 19 -5-105, or any birth
relative, as set forth in section 19 -3-605 (1), must not be a party to the adoption. Access to the
adoption file, with the exception of the post -adoption contact agreement and any pleadings or
orders made pursuant to this section to enforce the contact agreement, is governed by part 3 of
this article 5.
(f) A post -adoption contact agreement entered into pursuant to this subsection (4.5) must be
submitted to the court on a standardized affidavit form prescribed by the judicial department that
contains the following warnings acknowledged by all parties to the contact agreement:
(I) After the entry of a decree for adoption, an adoption, relinquishment, or termination of
parental rights cannot be set aside due to the failure of the adoptive parent, biological parent, a
birth relative, or the child to follow the terms of the contact agreement or any subsequent
modifications of the agreement; and
(II) A disagreement between the parties or litigation brought pursuant to section 19 -5-217 to
enforce or terminate the contact agreement does not affect the validity of the adoption,
relinquishment, or termination of parental rights and is not a basis for orders affecting the
custody of the child.
(g) Nothing in this subsection (4.5) permits the court to order ongoing contact or other duties
for the petitioner when the petitioner does not request a post -adoption contact agreement as set
forth in this subsection (4.5).
(h) In any case where a post-adoption contact agreement is being considered by the court and
a guardian ad litem or counsel for youth is currently appointed for the child or youth pursuant to
section 19-3-203, the court shall appoint the guardian ad litem to represent the best interests of
the child or youth, or the counsel for youth to represent the position and objectives that the child
Colorado Revised Statutes 2026
Title 19 - Children's Code
-894-
or youth want, with respect to the contact agreement. The guardian ad litem's or counsel for
youth's representation in these proceedings is limited solely to making a recommendation as to
whether the agreement proposed by the petitioner is in the best interests of the child and should
be adopted as proposed. The court shall not make additions or modifications to the agreement in
accordance with the recommendations of the guardian ad litem or counsel for youth unless the
petitioner consents to the additions or modifications. The duties of the guardian ad litem or
counsel for youth terminate upon the entry of the decree of adoption.
(5) In all stepparent, second parent, custodial, and kinship adoptions, the petition shall
contain a statement informing the court whether the prospective adoptive parent was convicted at
any time by a court of competent jurisdiction of a felony or misdemeanor in one of the following
areas: Child abuse or neglect; spousal abuse; any crime against a child; any crime, the underlying
factual basis of which has been found by the court on the record to include an act of domestic
violence, as defined in section 18-6-800.3, C.R.S.; violation of a protection order, as described in
section 18-6-803.5, C.R.S.; any crime involving violence, rape, sexual assault, or homicide; or
any felony physical assault or battery. In addition, the petitioner shall attach to the petition a
current criminal history records check paid for by the petitioner.
(6) In all custodial and kinship adoptions, the petition must contain a statement that the
petitioner has consulted with the appropriate local county department of human or social services
concerning the possible eligibility of the petitioner and the child for temporary assistance for
needy families (TANF), medicaid, subsidized adoption, and other services or public assistance
administered by the county department of human or social services.
Source: L. 87: Entire title R&RE, p. 808, § 1, effective October 1. L. 97: (4) amended, p.
1165, § 9, effective July 1. L. 99: (3) amended, p. 1025, § 8, effective May 29; (5) and (6) added,
p. 1063, § 5, effective June 1. L. 2002: (2.5) added, p. 788, § 9, effective May 30. L. 2004: (5)
amended, p. 328, § 1, effective July 1. L. 2007: (5) amended, p. 838, § 2, effective August 3. L.
2012: (1) amended, (SB 12 -175), ch. 208, p. 880, § 141, effective July 1. L. 2018: IP(2.5)(a),
(2.5)(a)(I), (3), and (6) amended, (SB 18 -092), ch. 38, p. 432, § 74, effective August 8. L. 2021:
(4.5) added, (HB 21 -1101), ch. 481, p. 3427, § 3, effective September 1. L. 2022: (4.5)(h)
amended, (HB 22 -1038), ch. 92, p. 443, § 28, effective January 9, 2023. L. 2023: (4.5)(b)
amended, (HB 23-1027), ch. 284, p. 1685, § 23, effective June 1. L. 2025: IP(2.5)(a) and (2.5)(b)
amended, (HB 25-1204), ch. 338, p. 1818, § 11, effective August 6.
Editor's note: 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 -4-110 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-895-
Cross references: For the legislative declaration contained in the 2002 act enacting subsection
(2.5), see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative
declaration in SB 18 -092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the
legislative declaration in HB 22 -1038, see section 1 of chapter 92, Session Laws of Colorado
2022. For the legislative declaration in HB 23 -1027, see section 1 of chapter 284, Session Laws
of Colorado 2023.
ANNOTATION
Law reviews. For article, "One Year
Review of Criminal Law and Procedure",
see 36 Dicta 34 (1959). For article, "The
Adoption of Children in Colorado", see 37
Dicta 100 (1960). For article, "Adoption
Procedures of Minor Children in Colorado",
see 12 Colo. Law. 1957 (1983). For article,
"Colorado Moves Toward Full Compliance
With Federal Indian Child Welfare Act", see
31 Colo. Law. 77 (Nov. 2002).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Trial court may reduce claimed
attorney fees when they are excessive.
People in Matter of K.M.K., 780 P.2d 43
(Colo. App. 1989).
The status of the record at the time the
petition for adoption is filed determines the
steps to be taken, the consents required, and
the persons to be served with citation or
notice. Storey v. Shumaker, 131 Colo. 131,
279 P.2d 1057 (1955) (decided under former
CSA, C. 4, § 11).
19-5-209. Petition - written home study reports.
(1) Except for stepparent adoptions, kinship adoptions, custodial adoptions, and those cases
in which placement for adoption has been made by the court, if a petition for the adoption of a
child is not accompanied by the written consent and home study report of the qualified county
department of human or social services, individual, or a licensed child placement agency
approved by the state department of human services pursuant to section 19 -5-207.5 (2), the court
shall order the county department of human or social services, individual, or licensed child
placement agency to make an investigation and file a written home study report substantially in
the form outlined in section 19 -5-207 (2), including a recommendation as to whether the
adoption should be decreed.
(2) In adoptions where a child placement agency or county department has legal
guardianship during the interval between initial placement and the final order of adoption, the
child placement agency or county department shall supervise the placement with prospective
adoptive parents and the child. The court, after notice to all parties in interest and hearing
Colorado Revised Statutes 2026
Title 19 - Children's Code
-896-
thereon, may, for good cause, terminate said placement if, at any time prior to the final decree of
adoption, it appears to the court that said adoption is not in the best interest of the child.
Source: L. 87: Entire title R&RE, p. 809, § 1, effective October 1. L. 99: (1) amended, p.
1023, § 3, effective May 29; (1) amended, p. 1064, § 6, effective June 1. L. 2018: (1) amended,
(SB 18-092), ch. 38, p. 432, § 75, effective August 8.
Editor's note: (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 -4-111
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (1) by House Bill 99 -1218 and House Bill 99 -1299 were
harmonized.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
ANNOTATION
Law reviews. For article, "Substantive
Changes in Adoption and Relinquishment
Law in Colorado", see 16 Colo. Law. 2183
(1987).
19-5-210. Hearing on petition.
(1) A hearing on the petition for adoption shall be held on the date set or the date to which
the matter has been regularly continued.
(1.5) Except in stepparent, second parent, custodial, or kinship adoptions, the court shall
issue a certificate of approval of placement, placing the child's custodial care with prospective
adoptive parents pending final hearing on the petition for adoption, if it appears to the court that
the placement for adoption is in the best interest of the child.
(2) In stepparent, custodial, or kinship adoptions, the court shall hold a hearing on the
petition as soon as possible. In all other adoptions, the court shall hold a hearing on the petition
no sooner than one hundred eighty -two days after the date the child begins to live in the
prospective adoptive parent's home, unless for good cause shown that time is extended or
shortened by the court. At the hearing held on the petition, the court shall enter a decree setting
forth its findings and grant to the petitioner a final decree of adoption if it is satisfied as to:
Colorado Revised Statutes 2026
Title 19 - Children's Code
-897-
(a) The availability of the child for adoption;
(b) The good moral character, the ability to support and educate the child, and the
suitableness of the home of the person adopting such child;
(b.5) The fingerprint-based criminal history record checks of the prospective adoptive parent
as reported to the court by the county department of human or social services or the child
placement agency pursuant to section 19 -5-207 (2.5) or the information provided to the court
pursuant to section 19-5-208 (5) does not reveal a criminal history described in section 19 -5-207
(2.5)(a);
(c) The mental and physical condition of the child as a proper subject for adoption in said
home;
(d) The fact that the best interests of the child will be served by the adoption; and
(e) If the child is part of a sibling group, whether it is in the best interests of the child to
remain in an intact sibling group. If the county department or child placement agency locates an
appropriate, capable, willing, and available joint placement for all of the children in the sibling
group, it shall be presumed that placement of the entire sibling group in the joint placement is in
the best interests of the children. Such presumption may be rebutted 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. The judge shall review the family services plan document
regarding placement of siblings.
(3) The former name of the child shall not be stated in the final decree of adoption.
(4) If, after the hearing, the court is not satisfied as to the matters listed in subsection (2) of
this section, the petition for adoption may be either continued or dismissed in the discretion of
the court. The court shall not grant the decree of final adoption if it determines that the
prospective adoptive parent was convicted at any time by a court of competent jurisdiction of a
felony in one of the following areas: Child abuse or neglect; spousal abuse; any crime against a
child; or any crime involving violence, rape, sexual assault, or homicide, excluding other
physical assault or battery. For stepparent, kinship, or custodial adoptions, in addition to not
granting a decree of final adoption in circumstances involving the felony convictions listed in
this subsection (4), the court shall not grant the decree of final adoption if it determines that the
prospective adoptive parent was convicted of a felony for physical assault or battery that was
committed within the past five years.
(5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), all hearings with
reference to adoption shall be closed to the public and, in the discretion of the court, to any child
who is the subject of adoption and who is under twelve years of age, but the court may interview
the child whenever it deems it proper.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-898-
(b) Upon motion by any party to an adoption or upon the court's own motion, the court may
order that an adoption hearing be opened to the public or to the child who is, or the children who
are, the subject of the adoption if the court finds that opening the hearing is in the best interests
of the child who is, or the children who are, the subject of the adoption hearing and the court
finds that the potential adoptive parents have consented to an open hearing.
(6) In a stepparent adoption, in addition to issuing a final decree of adoption, the court shall
enter an order terminating the other parent's parental rights. In a custodial or kinship adoption, in
addition to issuing a final decree of adoption, the court shall enter an order terminating the
parental rights of the child's parents.
(7) In cases involving the adoption of a child or youth who is part of a sibling group but who
is not being adopted with the child's siblings, in addition to issuing a final decree of adoption, if
the adoptive parents are willing, the court may encourage reasonable family time among the
siblings when family time is in the best interests of the child, youth, or children. The court shall
review the record and inquire as to whether the adoptive parents have received counseling
regarding children or youth in sibling groups maintaining or developing ties with each other.
Source: L. 87: Entire title R&RE, p. 809, § 1, effective October 1. L. 97: IP(2) amended, p.
1165, § 10, effective July 1. L. 98: (2) and (4) amended, p. 1423, § 12, effective July 1. L. 99:
Entire section amended, p. 1064, § 7, effective June 1. L. 2000: (2) amended and (7) added, p.
478, § 8, effective July 1. L. 2003: (2)(e) amended, p. 2628, § 11, effective June 5. L. 2005:
IP(2) and (5) amended, p. 94, § 4, effective March 31. L. 2007: (1.5) amended, p. 838, § 3,
effective August 3. L. 2012: IP(2) amended, (SB 12 -175), ch. 208, p. 880, § 142, effective July
1. L. 2018: (2)(b.5) amended, (SB 18-092), ch. 38, p. 432, § 76, effective August 8. L. 2023: (7)
amended, (HB 23-1027), ch. 284, p. 1686, § 24, effective June 1.
Editor's note: 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 -4-112 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018. For the legislative declaration in HB 23 -1027, see section 1 of
chapter 284, Session Laws of Colorado 2023.
ANNOTATION
Colorado Revised Statutes 2026
Title 19 - Children's Code
-899-
Law reviews. For article, "The 1951
Amendments to the Relinquishment and
Adoption Laws", see 28 Dicta 227 (1951).
For article, "One Year Review of Domestic
Relations", see 34 Dicta 108 (1957). For
article, "The Adoption of Children in
Colorado", see 37 Dicta 100 (1960). For
article, "Adoption Procedures of Minor
Children in Colorado", see 12 Colo. Law.
1057 (1983). For article, "Securing the
Nonparent's Place in a Child's Life Through
Adoption and Adoption Alternatives", see 37
Colo. Law. 27 (Oct. 2008).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Substantial compliance with statutory
requirements necessary. These proceedings
are statutory and as they affect substantial
rights there must be a substantial compliance
with the provisions of the legislative
enactment. Such a compliance must appear
of record and before acting on a petition in
adoption the trial court should ascertain that
the consents and notices necessary to confer
jurisdiction were filed. Storey v. Shumaker,
131 Colo. 131, 279 P.2d 1057 (1955)
(decided under former CSA, C. 4, § 15).
Standard for determining custody,
guardianship, and adoption is "best
interests and welfare" of the child. People in
Interest of A.D., 706 P.2d 7 (Colo. App.
1985).
Weight to be accorded to testimony and
opinions of child psychiatrist and social
worker is within sound discretion of the trier
of fact. People in Interest of A.D., 706 P.2d 7
(Colo. App. 1985).
Concerns of unmarried parents who
relinquished their rights are relevant to the
court's consideration of placement with the
grandparents. People in Interest of A.D., 706
P.2d 7 (Colo. App. 1985).
Trial court's findings supported by
evidence binding on appeal. Where the
record contains evidence which supports the
findings of the trial court that it is not in the
best interest of the child to proceed with
adoption, those findings are binding on
appeal. In re J.A.A. v. C.R., 618 P.2d 742
(Colo. App. 1980).
In determining whether termination
and adoption would be in the best
interests of the child, the court may
consider, among other factors: Family
stability; the present and future effects of
adoption, including the detrimental effects
of termination; the child's emotional ties to
and interaction with the parties; the child's
adjustment to the living situation; the child's
age; and the mental and physical health of
the parties, and where trial court's factual
determinations concerning these factors are
supported by the evidence, they will not be
disturbed. In re Petition of J.D.K., 37 P.3d
541 (Colo. App. 2001).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-900-
19-5-211. Legal effects of final decree.
(1) After the entry of a final decree of adoption, the person adopted is, for all intents and
purposes, the child of the petitioner. He or she is entitled to all the rights and privileges and is
subject to all the obligations of a child born to the petitioner.
(1.5) An employer who permits paternity or maternity time off for biological parents
following the birth of a child shall, upon request, make such time off available for individuals
adopting a child. If the employer has established a policy providing time off for biological
parents, that period of time shall be the minimum period of leave available for adoptive parents.
Requests for additional leave due to the adoption of an ill child or a child with a disability shall
be considered on the same basis as comparable cases of such complications accompanying the
birth of such a child to an employee or employee's spouse. Any other benefits provided by the
employer, such as job guarantee or pay, shall be available to both adoptive and biological parents
on an equal basis. An employer shall not penalize an employee for exercising the rights provided
by this subsection (1.5). The provisions of this subsection (1.5) shall not apply to an adoption by
the spouse of a custodial parent or to a second-parent adoption.
(2) The parents shall be divested of all legal rights and obligations with respect to the child,
and the adopted child shall be free from all legal obligations of obedience and maintenance with
respect to the parents.
(2.5) The child shall be eligible for enrollment and coverage by any medical or dental
insurance held by the prospective adoptive parents if, and on such a basis as, such coverage
would be available to a child naturally born to the prospective adoptive parents.
(3) Nothing in this part 2 shall be construed to divest any natural parent or child of any legal
right or obligation where the adopting parent is a stepparent and is married to said natural parent.
Source: L. 87: Entire title R&RE, p. 810, § 1, effective October 1. L. 88: (1.5) added, p. 759,
§ 1, effective April 13. L. 93: (1.5) amended, p. 1638, § 26, effective July 1. L. 97: (2.5) added,
p. 1165, § 11, effective July 1. L. 99: (2) amended, p. 1065, § 8, effective June 1. L. 2007: (1.5)
amended, p. 838, § 4, effective August 3. L. 2018: (1) amended, (SB 18 -095), ch. 96, p. 754, §
12, effective August 8.
Editor's note: 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 -4-113 as
said section existed in 1986, the year prior to the repeal and reenactment of this title.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-901-
Cross references: For the legislative declaration in SB 18 -095, see section 1 of chapter 96,
Session Laws of Colorado 2018.
ANNOTATION
I. General Consideration.
II. Inheritability of Adopted Child.
I. GENERAL CONSIDERATION.
Law reviews. For article, "Ten Years of
Domestic Relations in Colorado — 1940-
1950", see 27 Dicta 399 (1950). For article,
"The 1951 Amendments to the
Relinquishment and Adoption Laws", see 28
Dicta 227 (1951). For case comment,
"Adoptive Sibling Marriage in Colorado:
Israel v. Allen (195 Colo. 263, 577 P.2d 762
(1978))", see 51 U. Colo. L. Rev. 135
(1979). For article, "Securing the
Nonparent's Place in a Child's Life Through
Adoption and Adoption Alternatives", see 37
Colo. Law. 27 (Oct. 2008).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Purpose of section. The legislative intent
is to make the law affecting adopted
children in respect to equality of inheritance
and parental duties in pari materia with that
affecting natural children. Quintrall v.
Goldsmith, 134 Colo. 410, 306 P.2d 246
(1957).
The general assembly intended to give an
adopted child the legal status of a lineal
descendant of the adopting parent or parents,
and a child by adoption has the same legal
status as a natural child. People ex rel.
Dunbar v. White, 144 Colo. 212, 355 P.2d
963 (1960); Wright v. Wysowatcky, 147
Colo. 317, 363 P.2d 1046 (1961); People v.
Estate of Murphy, 29 Colo. App. 195, 481
P.2d 420 (1971).
In passing the adoption statutes, the
general assembly intended to place the
adopted child in the family in the same
position as a natural child. In re Ashlock,
629 P.2d 1108 (Colo. App. 1981).
Section liberally construed. While
courts were formerly inclined to regard
adoption statutes as in derogation of the
common law and therefore to be strictly
construed, the humanitarian purposes of
such statutes came to be recognized, and
courts afford them a more liberal
construction. Wright v. Wysowatcky, 147
Colo. 317, 363 P.2d 1046 (1961).
Definition of adoption. Adoption has
been defined as the act by which relations of
paternity and affiliation are recognized as
legally existing between persons not so
related by nature. Graham v. Francis, 83
Colo. 346, 265 P. 690 (1928).
Adoption, in legal contemplation, is an act
by which the parties thereto establish the
relationship of parent and child between
persons not so related by nature, and which,
in many respects, severs the natural relations
existing between the child and its parents,
although in a narrower sense it is restricted
to the act of the person taking the child.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-902-
Johnson v. Black, 137 Colo. 119, 322 P.2d
99 (1958).
Change of custody follows from valid
adoption decree. One of the legal effects of
an adoption is to divest the natural parents of
their custodial rights and to grant such rights
to the adoptive parents. This change of
custody follows as a natural consequence of
a valid adoption decree. Johnson v. Black,
137 Colo. 119, 322 P.2d 99 (1958).
The contesting natural parent is by a
decree of adoption divested of all parental
rights and obligations. Clerkin v.
Geisendorfer, 137 Colo. 139, 323 P.2d 633
(1958).
The adoption statute deprives the natural
parents of their rights and obligations to
their natural children after adoption. People
v. Estate of Murphy, 29 Colo. App. 195, 481
P.2d 420 (1971).
After decree of adoption, natural parents
are under no legal obligation to support
child. Truitt v. Indus. Comm'n, 31 Colo.
App. 166, 499 P.2d 621 (1972).
Where termination of father's parental
rights was based on mother's fraudulent
failure to disclose his identity, the father
was denied his constitutional due process
rights. Therefore, the adoption decrees that
were made assuming that both mother's and
father's parental rights had been properly
terminated were void. Accordingly, the
adoptive parents could not be considered to
have the full liberty interest in the children
that they would have if the adoption decrees
were valid. M.C. v. Adoption Choices of
Colo., Inc., 2014 COA 161, 369 P.3d 659,
rev'd on other grounds, 2015 CO 72, 363
P.3d 193.
General rule as reflected in this section
is that an adoption decree terminates the
parental rights and duties of child's natural
parents and grants those rights and duties to
adoptive parents. Singular exception to
general rule as set forth in section applies
only in cases when adopting parent is
married to natural parent. Thus, express
statements of limitation must be read to
exclude from adoption statute's reach all
other possible exceptions not listed.
Adoption of T.K.J., 931 P.2d 488 (Colo.
App. 1996).
A stepparent adoption proceeding, like
all other adoption proceedings, is
concluded by a final decree of adoption. It
is only when the final decree is entered that
a natural parent is divested of all rights and
obligations with respect to the child. People
in Interest of S.M.O., 931 P.2d 572 (Colo.
App. 1996).
Husband's obligation to his adopted
children rests upon him in no different way
than if the children were of his own blood.
In re Ashlock, 629 P.2d 1108 (Colo. App.
1981).
Parent was not divested of child
support obligation based on payments that
accrued prior to a final adoption decree. In
addition, father was denied equitable relief
from child support obligation where record
did not reflect evidence of representations
upon which the father relied or that an
evidentiary hearing was requested. In re
Murray, 790 P.2d 868 (Colo. App. 1989).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-903-
II. INHERITABILITY OF ADOPTED
CHILD.
Law reviews. For note, "The Right of
Inheritance of Adopted Children in
Colorado", see 23 Rocky Mt. L. Rev. 191
(1950). For note, "Adoption and Intestacy in
Colorado", see 26 Rocky Mt. L. Rev. 65
(1953).
Inheritance is a statutory and not a
vested right. Quintrall v. Goldsmith, 134
Colo. 410, 306 P.2d 246 (1957).
A legally adopted child is to all intents
and purposes the child and legal heir of
the person so adopting him or her, entitled
to all the rights and privileges, and subject to
all the obligations of a child of such person
begotten in lawful wedlock; but upon the
decease of such person and the subsequent
decease of such adopted child without issue,
the property of such adopting parent shall
descend to his or her next of kin, and not to
the next of kin of such adopted child.
Quintrall v. Goldsmith, 134 Colo. 410, 306
P.2d 246 (1957).
This section clearly declares a child by
adoption to have the same legal status as a
natural child born to the adopting parent or
parents. People ex rel. Dunbar v. White, 144
Colo. 212, 355 P.2d 963 (1960); Wright v.
Wysowatcky, 147 Colo. 317, 363 P.2d 1046
(1961).
After adoption the adopted child becomes
the heir of his adoptive parents as though
born to them in lawful wedlock, and his
natural parents are cut off and neither they
nor their lineage may inherit from the
adopted child. As to his adoptive parents, the
child becomes subject to all rights and
obligations of a child born in lawful
wedlock. The relation thus established can
be nothing less than that of parent and child.
To say that such status is less or different
from the parent and child relationship would
do violence to the clear legislative intent to
create unity in the family. Wright v.
Wysowatcky, 147 Colo. 317, 363 P.2d 1046
(1961).
Section confers ordinary rights of
inheritance. The laws permitting the
adoption of children confer on them simply
the ordinary rights of inheritance. In re
Schmidt's Will, 85 Colo. 28, 273 P. 21
(1928).
Legally adopted children are entitled to
inherit as fully as children of the foster
parents begotten in lawful wedlock.
Quintrall v. Goldsmith, 134 Colo. 410, 306
P.2d 246 (1957).
It does not affect the power of the
adoptive parent to dispose of his property
by will, but the adoptive parent may deprive
himself of the power thus to dispose of his
property by a contract binding him to give
the adopted child a certain share of his
property. In re Schmidt's Will, 85 Colo. 28,
273 P. 21 (1928).
A testator cannot by will disinherit an
adopted child contrary to the specific
prohibition of the decree of adoption.
Neville v. Bracher, 94 Colo. 550, 31 P.2d
911 (1934).
An agreement not to disinherit is
supported by the consideration of the
acquirement by the adoptive parents of the
child's love and affection, her filial
obligations to them, a change in domestic
Colorado Revised Statutes 2026
Title 19 - Children's Code
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relationship, the consent of the surviving
natural parent to forever relinquish his
paternal rights, and the child's forfeiture of
her rights which she enjoyed before the
adoption proceedings. In re Schmidt's Will,
85 Colo. 28, 273 P. 21 (1928).
The right of inheritance conferred by
statute is a reciprocal one, because it
depends upon a relation that is created by
the adoption under our statute. The adopted
child inherits from the adoptive parent. The
relation of parent and child having been thus
created, the right of the adoptive parent to
inherit is the same as was or would have
been that of the natural parent. Wright v.
Wysowatcky, 147 Colo. 317, 363 P.2d 1046
(1961).
Adoption decree which incorporated
statutory language similar to language in
this section terminated only the adopted
child's obligations to her natural father but
not her right to inherit from him; therefore,
the child was the heir of her intestate natural
father regardless of the validity of her
adoption. Matter of Estate of Bomareto, 757
P.2d 1135 (Colo. App. 1988).
A twice adopted child cannot inherit
from his first adoptive parents unless such
parents have died prior to the second
adoption or unless he is readopted by his
own natural parents where there is a second
adoption by strangers. A child cannot
logically be the adopted child of more than
one set of adoptive parents at a time.
Quintrall v. Goldsmith, 134 Colo. 410, 306
P.2d 246 (1957).
19-5-212. Copies of order of adoption - to whom given.
(1) If the court enters an order of adoption, certified copies shall be given to the adopting
parents, the person or agency consenting to the adoption, and the state registrar.
(2) The court or the adopting parents or their legal representative shall send to the state
registrar an application for a birth certificate, signed by the adoptive parents. The state registrar
shall thereupon issue a new birth certificate to the child, as provided in section 25-2-113, C.R.S.
(3) If the child was born outside of Colorado, copies of the order of adoption and application
for birth certificate shall be sent to the state registrar of the state of birth and to the registrar of
vital statistics in this state. If the application for a birth certificate is denied by the state registrar
in the state of birth, the adopting parents may return to the registrar in this state and apply to him
to issue a new certificate of birth. The state registrar shall issue a birth certificate upon
satisfactory evidence that the adopting parents, after good -faith effort, were unable to obtain a
new certificate of birth from the state of birth.
Source: L. 87: Entire title R&RE, p. 810, § 1, effective October 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-905-
Editor's note: 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 -4-114 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For article, "The 1951
Amendments to the Relinquishment and
Adoption Laws", see 28 Dicta 227 (1951).
For article, "Adoption Procedures of Minor
Children in Colorado", see 12 Colo. Law.
1057 (1983).
19-5-213. Compensation for placing child prohibited.
(1) (a) No person shall offer, give, charge, or receive any money or other consideration or
thing of value in connection with the relinquishment and adoption, except attorney fees and such
other charges and fees as may be approved by the court.
(b) No person, other than an adoption exchange whose membership includes county
departments and child placement agencies, a licensed child placement agency, or a county
department, shall offer, give, charge, or receive any money or other consideration or thing of
value in connection with locating or identifying for purposes of adoption any child, natural
parent, expectant natural parent, or prospective adoptive parent; except that physicians and
attorneys may charge reasonable fees for professional services customarily performed by such
persons.
(c) A child who is placed by a county department in a foster care home operated by a child
placement agency shall be deemed, for purposes of payment to the child placement agency, to
remain in foster care status for purposes of payment of consideration to the child placement
agency until the date that the final decree of adoption is entered or until the date that the child is
returned to his or her biological parent's home, unless otherwise negotiated in the contract
between the child placement agency and the county department.
(2) Any person who violates the provisions of this section commits a class 2 misdemeanor.
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 2005: (1) amended, p.
970, § 4, effective June 2. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3221, § 391, effective
March 1, 2022.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-906-
Editor's note: 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 -4-115 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Law reviews. For article, "The Adoption
of Children in Colorado", see 37 Dicta 100
(1960). For article, "Adoption Procedures of
Minor Children in Colorado", see 12 Colo.
Law, 1057 (1983).
Trial court may reduce claimed
attorney fees when they are excessive.
People in Matter of K.M.K., 780 P.2d 43
(Colo. App. 1989).
19-5-213.5. Unauthorized advertising for adoption purposes - exceptions - penalty -
definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Advertise through a public medium" means to communicate by any public medium,
including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or
television or by computerized communication system, which includes an internet site, an internet
profile, or any similar medium of communication provided via the internet. "Advertising through
a public medium" does not include communicating through personal or work electronic mail,
text, or telephone.
(b) "Another jurisdiction" means the District of Columbia, the Commonwealth of Puerto
Rico, any territory or insular possession subject to the jurisdiction of the United States, an Indian
tribe, or a state of the United States other than Colorado.
(c) "Child" means a person less than eighteen years of age.
(2) Except as described in subsection (3) of this section, it is unlawful to advertise through a
public medium for one of the following purposes:
(a) To find a child to adopt or to otherwise take permanent physical custody of a child;
(b) To find an adoptive home or any other permanent physical placement for a child or to
arrange for or assist in the adoption, adoptive placement, or any other permanent physical
placement of a child; or
(c) To offer to place a child for adoption or in any other permanent physical placement with
another person.
(3) Subsection (2) of this section does not apply to:
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(a) An employee of the state department of human services, a county department of human
or social services, or a child placement agency that is licensed pursuant to part 9 of article 6 of
title 26 who is acting within the scope of the employee's employment to place a child for
adoption or in foster care;
(b) An individual or agency that provides adoption information through the statewide
adoption resource registry as provided in section 26-1-111 (4), C.R.S.;
(c) An adoption exchange whose membership includes county departments and licensed
child placement agencies that provide information and referral services to find adoptive homes
and to promote adoption;
(d) An individual who contacts and has entered into an agreement with or is actively working
with any of the agencies or entities described in paragraph (a), (b), or (c) of this subsection (3) to
place his or her child for adoption;
(e) A person who advertises fertility-related services;
(f) An individual who has received a favorable recommendation regarding his or her fitness
to be an adoptive parent in this state from the state department of human services, a county
department of human or social services, or a child placement agency licensed in this state or in
another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential
adoptive homes; or
(g) An attorney who is licensed to practice in Colorado who advertises his or her availability
to practice or provide services relating to the adoption of children.
(4) Unauthorized advertising of a child, as described in subsection (2) of this section, is a
class 2 misdemeanor.
Source: L. 2014: Entire section added, (HB 14 -1372), ch. 262, p. 1053, § 1, effective July 1.
L. 2018: (3)(a) and (3)(f) amended, (SB 18 -092), ch. 38, p. 433, § 77, effective August 8. L.
2022: (3)(a) amended, (HB 22 -1295), ch. 123, p. 837, § 44, effective July 1. L. 2023: (4)
amended, (HB 23-1293), ch. 298, p. 1796, § 60, effective October 1.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-908-
19-5-214. Limitation on annulment of adoption - best interests standard.
(1) No final decree of adoption shall be attacked by reason of any jurisdictional or procedural
defect after the expiration of ninety -one days following the entry of the final decree; except that,
in cases of stepparent adoption, no final decree of adoption shall be attacked by reason of fraud
upon the court or fraud upon a party, whether or not there is a jurisdictional or procedural defect,
after the expiration of one year following the entry of the final decree of adoption.
(2) When a final decree of adoption is attacked on any basis at any time, the court shall
consider the best interests of the child, taking into account the factors set forth in section 14 -10-
124, C.R.S. The court shall sustain the decree unless there is clear and convincing evidence that
the decree is not in the best interests of the child.
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 94: Entire section
amended, p. 752, § 5, effective April 20; entire section amended, p. 1198, § 2, effective May 19.
L. 2012: (1) amended, (SB 12-175), ch. 208, p. 880, § 143, effective July 1.
Editor's note: (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 -4-116
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section in House Bill 94-1042 and Senate Bill 94-5 were harmonized.
ANNOTATION
Law reviews. For article, "One Year
Review of Domestic Relations", see 34
Dicta 108 (1957). For article, "One Year
Review of Domestic Relations", see 38
Dicta 84 (1961). For comment on White v.
Davis (163 Colo. 122, 428 P.2d 909 (1967)),
see 40 U. Colo. L. Rev. 151 (1967).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
Purpose of section. This section serves
the beneficial purpose of curing technical
defects which do not affect the basic rights
of the parties and guaranteeing to adopting
parents the undisturbed relationship with the
child, which was one of its legislative
intents. White v. Davis, 163 Colo. 122, 428
P.2d 909 (1967).
Parties assuming the responsibilities of
adoptive parents are entitled to assurance
that upon adopting a child they are not also
adopting a law suit. Smith v. Welfare Dept.,
144 Colo. 103, 355 P.2d 317 (1960).
Sufficiency of notice. Where a father was
serving in the Navy and had notice of a
dependency proceeding, his right to contest
Colorado Revised Statutes 2026
Title 19 - Children's Code
-909-
adoption decrees is barred by this section
which limits the right to challenge a valid
decree to two years after entry. Olsen v.
Davidson, 142 Colo. 205, 350 P.2d 338
(1960).
Although the record reveals service by
publication, where the adequacy or
sufficiency of such notice was strongly
challenged by motion to vacate which
alleged that in support of an order
authorizing service by publication the
procurer of the order made a false
representation that he was unaware of the
whereabouts of the natural father, it was a
proper matter for evidentiary hearing by the
lower court to determine whether the due
process requirements in the adoption
proceedings were met. White v. Davis, 163
Colo. 122, 428 P.2d 909 (1967).
In termination of parental rights case,
omission of the process server's verified
signature is insufficient to cause prejudice to
father's case where father acknowledged he
received the notices and petitions. Allowing
an amendment to cure the defect serves the
best interests of the children. In re Petition
of Taylor, 134 P.3d 579 (Colo. App. 2006).
Validity of consent. Where the record is
devoid of any evidence of fraud, coercion,
undue influence, misrepresentation, or
misconduct on the part of the adopting
parents or their attorney, and there is nothing
to indicate that the mother was lacking in
understanding as to the consequences of her
consent to the adoption of her children, a
finding by the trial court that at the time of
signing the consent the mother did not
realize the seriousness and finality of her act
was insufficient to set aside the decrees of
adoption. Batton v. Massar, 149 Colo. 404,
369 P.2d 434 (1962).
No inherent right exists to rescind an
adoption. When there is no provision made
for the annulment of a valid decree of
adoption, the right does not exist. In re S.D.,
251 P.3d 1188 (Colo. App. 2010).
Plaintiff who sought to rescind adoption
after 35 years failed to bring an action to set
aside the adoption within a reasonable time,
barring the court from finding the adoption
to be legally void. In re S.D., 251 P.3d 1188
(Colo. App. 2010).
Applied in In re Adoption of P.H.A., 899
P.2d 345 (Colo. App. 1995).
19-5-215. Records. (Repealed)
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 89: Entire section
amended, p. 943, § 4, effective March 27. L. 90: Entire section repealed, p. 1012, § 8, effective
July 1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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19-5-216. Increased access for adoption - study.
(1) (a) The state department shall examine and evaluate the process of adoptive placements
of children in the legal custody of the county departments of human or social services and
identify those aspects of the process that may be improved to achieve the ultimate goal of
permanency for the greatest number of children in safe and healthy adoptive homes. In
conducting this analysis, the state department should consider, but need not be limited to, the
following:
(I) The best means by which to increase county accessibility to qualified families seeking to
adopt and the best means by which to achieve placement of children available for adoption with
such families;
(II) Whether further automation would be conducive to the achievement of permanency of
children;
(III) The need for centralization of information;
(IV) The benefits of additional standardization;
(V) The resources of other interested entities or foundations that may be available to support
public adoptions;
(VI) The programs and systems developed by other states to achieve maximum access and
expedited permanency for children in safe and healthy adoptive homes; and
(VII) The methods used to reduce the number of disruptions in adoptive homes.
(b) (I) The executive director of the department is authorized to accept and expend on behalf
of the state any funds, grants, gifts, or donations from any private or public source for the
purpose of implementing this section; except that no gift, grant, or donation shall be accepted if
the conditions attached thereto require the expenditure thereof in a manner contrary to law.
(II) The executive director of the department is authorized to apply for a federal waiver, if
necessary, to authorize the use of federal grant moneys to implement this section.
(2) Repealed.
Source: L. 99: Entire section added, p. 1024, § 4, effective May 29. L. 2002: (2) repealed, p.
882, § 20, effective August 7. L. 2018: IP(1)(a) amended, (SB 18 -092), ch. 38, p. 433, § 78,
effective August 8.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-911-
19-5-217. Enforcement or termination of post-adoption contact agreement.
(1) If the decree of adoption contains a post -adoption contact agreement pursuant to section
19-5-208 (4.5), the court retains jurisdiction after the decree of adoption is entered to hear
motions to enforce or terminate the contact agreement, or to enter stipulated agreements of the
parties to modify the contact agreement.
(2) The court may appoint a guardian ad litem for the adopted child, or a counsel for youth
for an adopted child twelve years of age or older, at the time of any action for the enforcement or
termination of the post -adoption contact agreement if the court determines that consideration of
the factors set forth in section 19-5-103 (9)(a) require the appointment of a guardian ad litem or a
counsel for youth. In all adoptions other than those in which the child is placed by the county
department, a party or parties shall pay reasonable fees for the services of the guardian ad litem
or counsel for youth unless a party is indigent, in which case the office of the child's
representative shall pay the fees.
(3) If there is a post -adoption agreement for contact established pursuant to section 19 -5-208
(4.5), only a party to the contact agreement, even if he or she is not a party to the adoption, may
file a motion to enforce or terminate the contact agreement as set forth in this section.
(4) Prior to filing a motion seeking the enforcement or termination of a post-adoption contact
agreement established pursuant to section 19 -5-208 (4.5), the party seeking enforcement or
termination shall show that the party attempted in good faith to resolve the disputed matters
through mediation or other method of dispute resolution. This requirement is waived if the
party's whereabouts are unknown and the party cannot be located despite diligent efforts to do so.
(5) The court shall not terminate a post -adoption contact agreement established pursuant to
section 19 -5-208 (4.5) unless the moving party establishes that there has been a change in
circumstances and that the contact agreement is no longer in the adopted child's best interests.
Following the adoption, the court shall presume that the adoptive parent's judgement is in the
best interests of the child in any action seeking to enforce or terminate the contact agreement,
and such presumption may only be overcome by clear and convincing evidence. A post -adoption
contact agreement may not limit the adoptive parent's ability to move out of state.
(6) At any time after the entry of a post-adoption contact agreement pursuant to section 19-5-
208 (4.5), the parties to the agreement may file with the court a signed, modified post -adoption
contact agreement. The court shall not modify the terms of the initial post -adoption contact
agreement absent the consent of all parties to the agreement, but the court may enforce or
terminate the agreement over the objection of a party to the agreement. An adopted child twelve
years of age or older at the time of the adoption must consent to any modification or termination
of the contact agreement.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-912-
(7) The court may consider documentary evidence and offers of proof in determining
motions to enforce or terminate a post -adoption contact agreement established pursuant to
section 19-5-208 (4.5), or may, in its discretion, hold a hearing on the motion.
(8) The court shall not order further investigation or evaluation by any public or private
agency or individual relating to a post -adoption contact agreement established pursuant to
section 19-5-208 (4.5).
Source: L. 2021: Entire section added, (HB 21 -1101), ch. 481, p. 3428, § 4, effective
September 1. L. 2022: (2) amended, (HB 22 -1038), ch. 92, p. 443, § 29, effective January 9,
2023.
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022.
PART 3
ACCESS TO ADOPTION INFORMATION
19-5-301. Legislative declaration.
(1) The general assembly hereby finds and declares that adult adoptees, adoptive parents,
biological parents, and biological siblings should have a right of access to certain records
regarding their or their child's adoption or the adoption of their offspring or siblings as outlined
in section 19 -5-305 and that such a right must coexist with the right of such parties to privacy
and confidentiality. The general assembly also finds that an adult adoptee, his biological or
adoptive parent, or his biological sibling may desire to obtain information about each other at
different points in time. Furthermore, the general assembly finds that confidentiality from the
general public is essential to the adoption process and that any procedure to access information
which relates to an adoption to search for unknown relatives through a confidential intermediary
or a licensed child placement agency must be designed to maintain confidentiality and to respect
the wishes of all involved parties.
(2) (a) It is the purpose of this part 3 to establish a confidential process whereby adult
adoptees and adoptive parents who desire information concerning their or their child's adoption
and biological parents and siblings who desire information concerning an adult adoptee may
pursue access to such information.
(b) The general assembly further finds and declares that the purpose of establishing the
confidential process set forth in this part 3 is to create a pool of individuals who the courts and
Colorado Revised Statutes 2026
Title 19 - Children's Code
-913-
interested parties may call upon to initiate a search for a biological relative. It is not the intent of
the general assembly that such process shall be construed as the regulation of an occupation or
profession.
Source: L. 89: Entire part added, p. 940, § 1, effective March 27. L. 2014: (1) amended, (SB
14-051), ch. 260, p. 1048, § 4, effective July 1.
ANNOTATION
Actual controversy between adverse
parties must exist if a court is to sua
sponte address the constitutionality of a
statute. Juvenile court's ruling that this part
3 is unconstitutional was impermissible
exercise of judicial authority since the issue
was raised on behalf of unidentified parties
that were not before the court on court's own
motion in order to create a controversy that
it then proceeded to decide. In re Tomlinson,
851 P.2d 170 (Colo. 1993).
19-5-302. Definitions. (Repealed)
Source: L. 89: Entire part added, p. 941, § 1, effective March 27. L. 96: Entire section
repealed, p. 85, § 11, effective March 20.
Cross references: For current applicable definitions, see § 19-1-103.
19-5-303. Commission created - duties.
(1) There is created in the department the adoption intermediary commission, referred to in
this section as the "commission", which consists of thirteen members. The commission is a type
1 entity, as defined in section 24 -1-105, and exercises its powers and performs the duties and
functions specified by this part 3 under the department. Representation and appointment of such
members shall be as follows:
(a) Three members shall represent the judicial department and shall be appointed by the chief
justice or his or her designee;
(b) Two members shall represent the department and shall be appointed by the executive
director of such department or his or her designee;
Colorado Revised Statutes 2026
Title 19 - Children's Code
-914-
(c) Three members shall represent licensed adoption agencies and shall be appointed by a
representative of a private adoption agency. Such representative shall be selected by the
executive director of the department.
(d) Three members shall represent either adoptees, adoptive parents, biological parents of
adoptees, or biological siblings of adoptees and shall be selected by the executive director of the
department;
(e) Two members shall represent confidential intermediaries and shall have completed
training as confidential intermediaries. Such members shall be appointed by the executive
director of the department.
(2) The commission shall have responsibility for:
(a) Drafting a manual of standards for training confidential intermediaries and licensed child
placement agencies that perform searches and contact persons pursuant to section 19 -5-305
(3)(b)(III);
(b) Monitoring confidential intermediary training programs and child placement agencies
with search and consent programs to ensure compliance with the standards set forth in the
manual, with authority to approve or deny such programs based upon compliance with such
standards;
(c) Maintaining an up -to-date list of persons who have completed training as confidential
intermediaries or as persons who conduct searches for child placement agencies and
communicating such list to the judicial department.
(3) The commission shall adopt its own rules of procedure, shall select a chairman, a vice -
chairman, and such other officers as it deems necessary, and shall keep a record of its
proceedings. The commission shall meet as often as necessary to carry out its duties, but in no
instance shall it meet less than annually. The commission may seek input from confidential
intermediary organizations in carrying out its duties.
(4) The commission shall be voluntary and shall not receive per diem payments.
Source: L. 89: Entire part added, p. 941, § 1, effective March 27. L. 91: IP(1) amended, p.
890, § 14, effective June 5. L. 93: (4) amended, p. 657, § 3, effective July 1. L. 94: IP(1) and
(1)(b) to (1)(d) amended, p. 2689, § 213, effective July 1. L. 97: (1) amended, p. 1166, § 12,
effective July 1. L. 2000: (1) and (2) amended, p. 1373, § 5, effective July 1. L. 2005: (2)(c)
amended, p. 767, § 31, effective June 1; (2)(c) amended, p. 993, § 5, effective July 1. L. 2022:
IP(1) amended, (SB 22 -162), ch. 469, p. 3376, § 67, effective August 10. L. 2023: IP(1)
amended, (HB 23-1301), ch. 303, p. 1822, § 25, effective August 7.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-915-
Editor's note: The introductory portion to subsection (1) was amended by SB 22 -162, but the
introductory phrase, "Representation and appointment of such members shall be as follows:", at
the end of the provision was inadvertently deleted during the drafting of the bill. The
introductory portion to subsection (1) is shown to reflect how the provision appeared in SB 22 -
162 when acted on by the Governor.
Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of
1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado
2022.
19-5-304. Confidential intermediaries - confidential intermediary services.
(1) (a) Any person who has completed a confidential intermediary training program that
meets the standards set forth by the commission shall be responsible for notifying the
commission that his or her name should be included on the list of confidential intermediaries to
be maintained by the commission and made available to the judicial department. The
commission shall adopt rules to determine when and under what conditions the name of a
confidential intermediary shall be removed from the list available to the judicial department.
(b) Once a person is included on the list of confidential intermediaries, he or she shall be:
(I) Authorized to inspect confidential relinquishment and adoption records, post -adoption
records, and dependency and neglect records, including but not limited to court files, within
forty-five days after a motion to the court is filed by the following persons:
(A) An adult adoptee;
(B) An adoptive parent, custodial grandparent, or legal guardian of a minor adoptee;
(C) A biological parent or an adult biological sibling or half-sibling of an adult adoptee;
(D) An adult descendant of the adoptee or the adoptive parent, spouse of an adoptee, adult
stepchild, or adopted adult sibling of an adoptee with the notarized written consent of the adult
adoptee;
(E) A biological grandparent of an adoptee with the notarized written consent of the
biological parent. No written consent is required if the biological parent is deceased.
(F) The legal representative of any of the individuals listed in sub -subparagraphs (A) to (E)
of this subparagraph (I);
(G) A former foster child who may or may not have been adopted, who is eighteen years of
age or older, and who is searching for a birth sibling who is also eighteen years of age or older,
Colorado Revised Statutes 2026
Title 19 - Children's Code
-916-
who may or may not have been adopted, and who may or may not have been in the foster care
system;
(II) Available, subject to time constraints, for appointment by the court to act as a
confidential intermediary for any of the parties listed in subparagraph (I) of this paragraph (b).
(2) (a) Any of the parties listed in subparagraph (I) of paragraph (b) of subsection (1) of this
section, any of whom are eighteen years of age or older, may file a motion, with supporting
affidavit, in the court where the adoption took place, to appoint one or more confidential
intermediaries for the purpose of determining the whereabouts of such individual's unknown
relative or relatives; except that no one shall seek to determine the whereabouts of a relative who
is younger than eighteen years of age. The court may rule on said motion and affidavit without
hearing and may appoint a trained confidential intermediary.
(b) The court -appointed confidential intermediary shall make a diligent search of the
adoption records and post -adoption records in an effort to find the sought -after relative. If the
confidential intermediary successfully locates the relative sought, the confidential intermediary
shall provide that relative with the opportunity to:
(I) Consent to or to refuse to allow contact by the person seeking contact;
(II) Fill out a contact preference form and updated medical history statement as prescribed in
section 19-5-305 (1.5);
(III) Repealed.
(2.5) For purposes of paragraph (b) of subsection (1) of this section, "legal guardian" shall
not include a governmental entity of any foreign country from which a child has been adopted or
any representative of such governmental entity.
(3) Any information obtained by the confidential intermediary during the course of his or her
investigation shall be kept strictly confidential and shall be utilized only for the purpose of
arranging a contact between the individual who initiated the search and the sought -after
biological relative or for the purpose of obtaining consent for the release of adoption records.
(4) (a) When a sought -after biological relative is located by a confidential intermediary on
behalf of the individual who initiated the search, the confidential intermediary shall obtain
consent from both parties that they wish to personally communicate with one another.
(b) Contact shall be made between the parties involved in the investigation only when
consent for such contact has been received by the court.
(c) If consent for personal communication is not obtained from both parties, all
relinquishment and adoption records and any information obtained by any confidential
intermediary during the course of his or her investigation shall be returned to the court and shall
remain confidential.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-917-
(5) All confidential intermediaries shall inform both the requesting biological relative and the
sought-after biological relative of the existence of the voluntary adoption registry set forth in
section 25-2-113.5, C.R.S.
(6) Any person acting as a confidential intermediary who knowingly fails to comply with the
provisions of subsections (3) and (4) of this section commits a civil infraction.
Source: L. 89: Entire part added, p. 942, § 1, effective March 27. L. 97: (1) and (2) amended,
p. 1166, § 13, effective July 1. L. 99: (1)(b), (2), (3), and (4)(c) amended and (2.5) added, p.
1131, § 3, effective July 1. L. 2000: (1) and (2) amended, p. 1368, § 2, effective July 1. L. 2005:
(2) amended, p. 984, § 1, effective July 1. L. 2009: IP(1)(b) and IP(1)(b)(I) amended and
(1)(b)(I)(G) added, (SB 09 -079), ch. 59, p. 214, § 1, effective March 25. L. 2014: (2)(b)(III)
repealed, (SB 14 -051), ch. 260, p. 1049, § 5, effective July 1. L. 2021: (6) amended, (SB 21 -
271), ch. 462, p. 3221, § 392, effective March 1, 2022. L. 2022: (2.5) amended, (SB 22-212), ch.
421, p. 2973, § 43, effective August 10.
ANNOTATION
Actual controversy between adverse
parties must exist if a court is to sua
sponte address the constitutionality of a
statute. Juvenile court's ruling that this part
3 is unconstitutional was impermissible
exercise of judicial authority since the issue
was raised on behalf of unidentified parties
that were not before the court on court's own
motion in order to create a controversy that
it then proceeded to decide. In re Tomlinson,
851 P.2d 170 (Colo. 1993).
19-5-305. Access to adoption records - contact with parties to adoption - contact
preference form and updated medical history statement - definitions.
(1) Confidentiality. All adoption records are confidential from the general public and must
remain confidential except as described in subsections (1.5) and (2) of this section or upon
demonstration of good cause pursuant to section 19-1-309 or as otherwise provided by law.
(1.5) Contact preference forms and updated medical history statements from birth
parents.
(a) The state registrar shall prescribe and make available to a birth parent named on an
original birth certificate in the records of the state registrar a contact preference form on which
the birth parent may indicate a preference regarding contact by the adult adoptee, an adult
descendant of the adoptee, or a legal representative of the adoptee or descendant. The purpose of
the contact preference form is to allow the birth parent the opportunity to indicate a preference to
Colorado Revised Statutes 2026
Title 19 - Children's Code
-918-
be contacted directly, to be contacted through a third party, or not to be contacted by other
parties.
(b) The form must also include space for a written statement by the birth parent, which may
include updated medical history about the birth parent or other biological relatives, an
explanation for the stated contact preference, or other information for the party seeking records.
The medical history statement form must indicate that the birth parent is waiving confidentiality
of any medical information supplied in the statement with respect to the adoptee, an adult
descendant of the adoptee, or a legal representative of such individual, and to the state registrar
or his or her designees.
(c) The state registrar shall maintain the contact preference form and the medical history
statements, if any, and make them accessible to an individual who is an eligible party allowed to
receive adoption records as described in subparagraph (I) of paragraph (b) of subsection (2) of
this section and who submits a written application form, proof of identity, and an explanation of
the individual's relationship to the adoptee, if applicable. The state registrar is authorized to
verify the submission of a contact preference form or an updated medical history statement and
to provide a copy of a contact preference form to a confidential intermediary appointed pursuant
to section 19 -5-304 or to a designated employee of a child placement agency who is searching
pursuant to subparagraph (III) of paragraph (b) of subsection (3) of this section. The state
registrar shall maintain and make available to the public accurate statistics about the number of
contact preference forms on file with the state registrar and how many of the forms state a
preference for contact, no contact, or contact through a third party.
(d) (I) As used in this section, "eligible party" means a person who is eligible under
subparagraph (I) of paragraph (b) of subsection (2) of this section to have access to adoption
records.
(II) The option on the contact preference form that allows a birth parent to authorize or not
authorize the release of the original birth certificate to eligible parties expires on January 1, 2016.
The state registrar shall revise the contact preference form to eliminate this option, effective
January 1, 2016, and shall neither distribute nor accept contact preference forms on or after
January 1, 2016, that contain an option regarding such release. On and after January 1, 2016,
contact preference forms shall only address a birth parent's preferences regarding contact and the
ability to submit an explanation for the stated contact preference and to submit or update medical
history. A child placement agency is not liable to any person for the failure of a birth parent to
submit a contact preference form to the state registrar. On and after July 1, 2014, the state
registrar shall post a notice on the website of the office of the state registrar of vital statistics
stating that the contact preference form will be revised to eliminate the option to authorize or
object to the release of the original birth certificate and that birth parents may exercise this option
prior to January 1, 2016.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-919-
(III) Prior to allowing access to and providing a copy of an original birth certificate to an
eligible party, the state registrar must perform a diligent search for a contact preference form
executed prior to January 1, 2016, to ascertain if either birth parent had stated a preference
authorizing or not authorizing the release of the original birth certificate to eligible parties. If
both birth parents have filed a contact preference form executed prior to January 1, 2016, stating
a preference to authorize the release of the original birth certificate, then the state registrar must
release the original birth certificate to the eligible party. If there is no contact preference form on
file prior to January 1, 2016, from a birth parent named on the original birth certificate, or if a
contact preference form executed prior to January 1, 2016, is on file that states a preference that
the original birth certificate not be released, then the state registrar may not release the original
birth certificate to the eligible party prior to January 1, 2016, unless the birth parent rescinds the
contact preference form, upon mutual consent of two or more reunited parties, the birth parent is
deceased, or the eligible party obtains a court order pursuant to section 19-1-309. When one birth
parent has authorized the release of the birth certificate and the other birth parent has filed a
contact preference form prior to January 1, 2016, not authorizing release, the state registrar shall
issue the original birth certificate to the eligible party with the name of the nonconsenting parent
redacted.
(2) Legislative declaration - access to adoption records.
(a) The general assembly takes note that the law in Colorado regarding access to adoption
records has treated persons differently depending upon the law in effect upon the date of the
adoption of the adoptee and that the statutory scheme has been confusing, complicated, and
ambiguous. By repealing and reenacting provisions of this section to remove those varying time
periods and varying levels of access or nonaccess to adoption records by an adult adoptee or by a
birth parent, it is the intent of the general assembly that access to adoption records no longer be
dependent upon the law in effect on the date of the finalization of adoption. The general
assembly declares that the purpose of the revision of this subsection (2) is to make the access to
adoption records by members of the adoption triad more uniform as outlined in this subsection
(2). The general assembly further declares that it is the intent of the general assembly to not
abrogate, limit, or change the holding in or affect any rights created under In re J.N.H., 209 P.3d
1221 (Colo. App. 2009) with respect to access by an adult adoptee to the names of his or her
birth parents and to all court records and papers regarding the adoption of the adult adoptee. The
general assembly further declares that in construing this section, the courts should liberally
construe this section in favor of releasing the records.
(b) Subject to subsection (4) of this section and in addition to information exchanged in a
designated adoption or inspection authorized by a court upon good cause shown pursuant to
section 19 -1-309, access to adoption records by certain parties is governed by the following
provisions:
Colorado Revised Statutes 2026
Title 19 - Children's Code
-920-
(I) (A) Adult adoptees, their descendants, and adoptive family members. Upon request,
the custodian of records shall provide direct access, without redaction, to all adoption records, as
defined in section 19 -1-103, for inspection and copying by an adult adoptee, an adoptive parent
of a minor adoptee, a custodial grandparent of a minor adoptee, or the legal representative of any
such individual. In addition, the custodian of records shall provide direct access to adoption
records for inspection and copying by a spouse of an adult adoptee, an adult descendant of an
adoptee, an adult sibling or half-sibling of an adult adoptee, an adoptive parent or grandparent of
an adult adoptee, or the legal representative of any such individual, if the individual requesting
access has the notarized written consent of the adult adoptee or if the adult adoptee is deceased.
(B) Access by an adult adoptee or descendant to the original birth certificate and
amended birth certificate of a sibling with a common birth parent. Upon proof of evidence
of at least one common birth parent between an adult adoptee and a sibling or half -sibling, the
custodian of records shall provide, without redaction, to an adult adoptee, a descendant of the
adult adoptee, or a legal representative of the adult adoptee or descendant direct access to a
noncertified copy of the unaltered original birth certificate and the amended birth certificate of an
adult sibling or half -sibling who was born, relinquished, or adopted in the state of Colorado,
subject to the provisions of subsection (4) of this section.
(II) Access by a birth parent to the original birth certificate. A birth parent who
relinquished a child for adoption, whose termination of the parent -child legal relationship was
not the result of a dependency and neglect action, and who signed or is named on the original
birth certificate may apply to the state registrar for and obtain a noncertified copy of the
unaltered original birth certificate of the child he or she relinquished if the child was born in this
state, or if the child's adoption was finalized in this state, or both.
(III) (A) Access to death certificates of deceased parties. Upon request of an eligible party
or a birth parent as described in subparagraph (II) of this paragraph (b), the state registrar shall
conduct a search of death certificates to determine whether an adoptee or a birth parent is
deceased. If the state registrar finds a death certificate for the adult adoptee or the birth parent,
then the state registrar shall provide a copy to the eligible party. The state registrar may collect a
fee for conducting a search and for making a copy of the death certificate.
(B) Access to records pertaining to a deceased party. If an eligible party or a birth parent
as described in subparagraph (II) of this paragraph (b) applies to a custodian of records for access
to records about an adult adoptee or a birth parent and the custodian of records determines that
the person whose records are being sought is deceased or can reasonably be presumed to be
deceased based on the known or estimated date of birth of the sought party, the custodian of
records shall provide direct access to the records for inspection and copying by the eligible party.
(IV) Proof of identification and fees. Prior to releasing any records to any eligible party
allowed to receive records pursuant to this subsection (2), the custodian of records must require
the eligible party requesting access to provide proof of identification. The custodian of records
Colorado Revised Statutes 2026
Title 19 - Children's Code
-921-
may charge reasonable fees for providing copies of records. The state registrar shall transmit all
moneys collected pursuant to subparagraph (III) of this paragraph (b) and this subparagraph (IV)
to the state treasurer, who shall credit the same to the vital statistics records cash fund created in
section 25-2-121, C.R.S.
(V) Release of records by child placement agencies and prior written statements of
birth parents. Notwithstanding subsection (2)(b)(I) of this section, the adoption records, as
defined in section 19 -1-103, in the possession of a child placement agency are not open for
inspection or available for copying with respect to any identifying information concerning a birth
parent if the birth parent has previously provided the court and the child placement agency, if
applicable, with a signed and notarized written statement, within three years after the final order
of relinquishment or termination of the parent -child legal relationship, specifying that such
parent wishes the identifying information concerning that parent to remain confidential; except
that the adoption records in the possession of a child placement agency may be open for
inspection and made available for copying with respect to identifying information concerning a
birth parent if a birth parent provides a consent form, as defined in section 19 -1-103, to the child
placement agency consenting to the release of identifying information and the release of
identifying information is consistent with the provisions of subsection (3) of this section. A
written statement specifying that a birth parent wishes the identifying information concerning
that parent on file with a child placement agency to remain confidential must remain in the
court's and the child placement agency's relinquishment or termination file unless later
withdrawn by the parent or superceded by a consent form. A child placement agency is not liable
to any individual for the failure of a birth parent to submit such a written statement to the court.
In addition to such a statement, the birth parent may also submit to the court and to the child
placement agency a letter of explanation that the court and the child placement agency must
release to the adoptee at the time that the adoptee makes a request for inspection of the adoption
records. This subsection (2)(b)(V) applies only to adoption records in the possession of child
placement agencies and does not apply to adoption records in the possession of the court or any
other agency, entity, or person.
(3) Access to identifying information through child placement agencies.
(a) Upon proof of identity of the person submitting the consent form, a licensed child
placement agency shall accept and may seek a consent form, as that term is defined in section
19-1-103, from an adult adoptee or from either adult adoptee's birth parent or from an adoptive
parent of a minor adoptee or from the legal representative of a minor adoptee authorizing the
release of identifying information, as that term is defined in section 19 -1-103, concerning the
person submitting the consent form, to the extent such information is available to the child
placement agency. If only one birth parent has filed a consent form with the child placement
agency, the child placement agency or any succeeding custodian of the records shall provide a
copy of the identifying information without the name of and without identifying information
about the nonconsenting birth parent.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-922-
(b) (I) Upon inquiry by an adult adoptee or an adult adoptee's birth parent or an adoptive
parent of a minor adoptee seeking information about another party from a licensed child
placement agency, the child placement agency shall be authorized to release identifying
information to the inquiring person, upon proof of identity by the inquiring person, if the
licensed child placement agency is in possession of a consent form from the party about whom
information is sought authorizing such release.
(II) In those circumstances in which a child placement agency has released identifying
information pursuant to paragraph (a) of this subsection (3), the child placement agency may
attempt to locate at the last -known address the person who had originally submitted the consent
form and, upon locating such person, advise him or her of the release and provide him or her
with the opportunity to fill out a contact preference form and updated medical history statement
as prescribed in subsection (1.5) of this section. If the inquiring person also submitted a consent
form authorizing the release of identifying information about him or her, the child placement
agency may provide such identifying information to the person located.
(III) A child placement agency that accepts a consent form may perform a search for the
sought party, subject to the requirement that an employee designated by the child placement
agency to perform a search and to contact the sought party shall have completed training that
meets the standards set forth by the adoption intermediary commission.
(c) A licensed child placement agency that accepts a consent form may charge a reasonable
fee to cover the direct and indirect costs associated with the services provided pursuant to this
subsection (3), if a written fee agreement has been signed by the agency and the party submitting
the consent form prior to the provision of any service. If a child placement agency charges a fee,
then the child placement agency shall make reasonable efforts to locate the person being sought
and to release the information the child placement agency obtained to the person located. The
licensed child placement agency shall be required to provide a list of names, addresses, and
telephone numbers of organizations performing similar services prior to signing any fee
agreement with any party submitting a consent form. Information in the post -adoption record is
confidential and shall not be disclosed by a licensed child placement agency or any succeeding
custodian of the records, or a court except as specifically permitted in this part 3, or as otherwise
permitted by law.
(d) The release of any information by a licensed child placement agency pursuant to this
subsection (3) shall be subject to the provisions of subsection (4) of this section.
(4) Access to information and contact concerning sibling groups. Notwithstanding the
provisions set forth in subsections (1.5), (2), and (3) of this section authorizing access to
adoption records and contact with an adoptee, in those circumstances in which one family has
adopted two or more siblings, access to the adoption records concerning an adoptee and contact
with an adoptee shall not occur until all of the siblings adopted by the family have attained
eighteen years of age.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-923-
(5) Adult adoptee's restriction on access to records. Notwithstanding the provisions of
subsection (2) of this section, an adult adoptee may, at any time, provide the court that finalized
the adoption and the child placement agency with a signed and notarized written statement
specifying that such adult adoptee wishes to maintain identifying information concerning that
adoptee, other than the original birth certificate, confidential. The written statement shall remain
in the court's adoption file unless later withdrawn by the adoptee. Nothing in this subsection (5)
shall be construed to affect access to records through the confidential intermediary process.
(6) Contact between the parties. Subject to the provisions of subsection (2) of this section,
any party may seek to make direct contact with another party or to use the services of a
confidential intermediary as provided in section 19 -5-304, a licensed child placement agency as
provided in subsection (3) of this section, or the voluntary adoption registry maintained by the
state registrar as provided in section 25-2-113.5, C.R.S.
Source: L. 99: Entire section added, p. 1132, § 4, effective July 1. L. 2000: (2)(a)(I)(A),
(2)(a)(I)(B), (2)(b)(I)(A), (2)(b)(I)(B), (2)(b)(I)(C), (2)(b)(II), (2)(c), (3), and (5) amended, p.
1369, § 3, effective July 1. L. 2005: Entire section amended, p. 985, § 2, effective July 1. L.
2014: (1), (1.5), and (2) R&RE and (6) added, (SB 14 -051), ch. 260, p. 1043, § 1, effective July
1. L. 2015: (2)(b)(I) amended, (HB 15 -1106), ch. 59, p. 142, § 2, effective March 30; (2)(b)(I)
amended, (HB 15-1355), ch. 311, p. 1273, § 2, effective June 5. L. 2021: IP(2)(b), (2)(b)(I)(A),
(2)(b)(V), and (3)(a) amended, (SB 21-059), ch. 136, p. 736, § 90, effective October 1.
Cross references: (1) For the provisions referring to confidential intermediaries formerly
found in subsection (2)(a)(II), see § 19-5-304 (2)(b). (See L. 2005, p. 984.)
(2) For the short title ("Heritage Act") and the legislative declaration in HB 15 -1355, see
section 1 of chapter 311, Session Laws of Colorado 2015.
ANNOTATION
For adoptions finalized after July 1,
1951, but before July 1, 1967, an adoptee
may have access to the names of his or her
birth parents and to all court records and
papers regarding the adoption and shall not
be required to utilize the confidential
intermediary process in order to gain access
to that information. In re J.N.H., 209 P.3d
1221 (Colo. App. 2009).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-924-
19-5-305.5. Access to personal records relating to a former ward of the state home for
dependent and neglected children - other eligible parties - definitions.
(1) As used in this section:
(a) "Eligible party" means:
(I) A former ward, regardless of adoption status;
(II) A spouse of a former ward;
(III) An adult descendant of a former ward;
(IV) An adult sibling or half-sibling of a former ward; or
(V) The legal representative of any individual described in subparagraphs (I) to (IV) of this
paragraph (a), if the individual requesting access has the notarized written consent of the former
ward or if the former ward is deceased.
(b) "Former ward" means a person who as a minor child was in the custody of the state home
for dependent and neglected children, regardless of the person's adoption status.
(c) (I) "Personal records" means the following documents and information pertaining to the
custody, relinquishment, or adoption of a former ward, without redaction:
(A) The original birth certificate;
(B) The amended birth certificate;
(C) The temporary waiver of custody;
(D) The final order of relinquishment;
(E) The order of termination of parental rights;
(F) The final decree of adoption;
(G) The name of the former ward before placement in adoption; the name and address of
each birth parent as they appear in the birth records or other documents, including other
information that might personally identify a birth parent; and the name and address of each
adoptive parent; and
(H) The physical description of the birth parents; the educational background of the birth
parents; the occupation of the birth parents; genetic information about the birth family; medical
information about the former ward's birth; social information about the birth parents; whether the
former ward has siblings or half -siblings, and, if so, the names and addresses of the siblings and
half-siblings; and the placement history of the former ward.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-925-
(II) "Personal records" does not include prerelinquishment counseling records, which records
shall remain confidential.
(2) Upon proof of identification and upon request, the custodian of records, as defined in
section 19 -1-103, shall provide direct access, without redaction, to all personal records for
inspection and copying by an eligible party relating to a former ward who, regardless of adoption
status, as a minor was in the custody of the state home for dependent and neglected children.
(3) Prior to releasing any personal records to an eligible party allowed to receive personal
records pursuant to this section, the custodian of records must require the eligible party
requesting access to provide proof of identification. The custodian of records may charge
reasonable fees for providing copies of records.
Source: L. 2015: Entire section added, (HB 15 -1355), ch. 311, p. 1273, § 3, effective June 5.
L. 2021: (2) amended, (SB 21-059), ch. 136, p. 737, § 91, effective October 1.
Cross references: For the short title ("Heritage Act") and the legislative declaration in HB 15 -
1355, see section 1 of chapter 311, Session Laws of Colorado 2015.
19-5-306. Public information campaign.
The executive directors of the department of human services and the department of public
health and environment, or such executive directors' designees, shall work together to design and
implement efforts within existing appropriations to assist in informing the public about the
existence and availability of the confidential intermediary process established in this part 3 and
the voluntary adoption registry established pursuant to section 25 -2-113.5, C.R.S., to inform the
public about the change in the availability of adoption records, including birth certificates, and
other records related to the adoption process as set forth in section 19 -5-305, and to inform birth
parents about the opportunity to complete contact preference forms and submit updated medical
history statements as set forth in section 19 -5-305. Such efforts shall be implemented within
existing appropriations on and after July 1, 2005, by disseminating information to the public
through child placement agencies and through the use of public service announcements and such
other additional means of communication as the executive directors or their designees determine
appropriate. The public information campaign shall also provide referral information on
community resources that may be available to the adoption triad to assist them in dealing with
issues that arise in searches and reunifications with relatives or in deciding not to seek contact or
information about relatives. Such resources shall include a variety of sources, including child
placement agencies, social workers, therapists and faith -based counselors, and organizations
designed to provide support to members of the adoption triad.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-926-
Source: L. 99: Entire section added, p. 1132, § 4, effective July 1. L. 2005: Entire section
amended, p. 993, § 6, effective July 1.
19-5-307. Child placement agency - transfer of records.
If a child placement agency terminates its child placement activities, prior to termination of
services, the child placement agency shall microfilm or preserve with state -of-the-art record
storage methods as prescribed by the department of human services any relevant files on
adoptions and transfer them to the division in the department of human services responsible for
child care licensing. The state board of human services shall promulgate rules to require child
placement agencies to scan adoption records for purposes of transferring them upon termination
of child placement activities to the division in the department of human services responsible for
child care licensing.
Source: L. 2000: Entire section added, p. 1372, § 4, effective July 1. L. 2005: Entire section
amended, p. 970, § 5, effective June 2.
PART 4
ACCESS TO NONIDENTIFYING ADOPTION INFORMATION
19-5-401. Definitions. (Repealed)
Source: L. 93: Entire part added, p. 655, § 1, effective July 1. L. 94: (4) amended, p. 2689, §
214, effective July 1. L. 96: Entire section repealed, p. 85, § 11, effective March 20.
Cross references: For current applicable definitions, see § 19-1-103.
19-5-402. Access to nonidentifying information.
Any adult adoptee or any adoptive parent may request nonidentifying information about the
adoptee or the birth parents of the adoptee from the department. The department shall provide
directly to the inquiring adult adoptee or adoptive parent or to the qualified agency selected
pursuant to section 19 -5-403 the nonidentifying information which is available to the
Colorado Revised Statutes 2026
Title 19 - Children's Code
-927-
department. The department shall adopt rules governing the disclosure of nonidentifying
information.
Source: L. 93: Entire part added, p. 656, § 1, effective July 1.
19-5-403. Authority for department to select agencies.
The department is authorized to select private, licensed child placement agencies authorized to
handle adoptions for the disclosure of nonidentifying information pursuant to this part 4. The
department shall, by rule, establish qualifying criteria by which the licensed child placement
agencies authorized to handle adoptions shall be selected, which criteria shall include, but shall
not be limited to, a requirement that the agencies maintain all information which identifies
members of the birth family strictly confidential.
Source: L. 93: Entire part added, p. 656, § 1, effective July 1.
ARTICLE 5.5
Uniform Unregulated Child Custody Transfer Act
PART 1
GENERAL PROVISIONS
19-5.5-101. Short title.
19-5.5-102. Definitions.
19-5.5-103. Limitations on applicability.
PART 2
PROHIBITION OF UNREGULATED
CUSTODY TRANSFER
19-5.5-201. Definitions.
19-5.5-202. Applicability.
19-5.5-203. Prohibited custody transfer.
19-5.5-204. Authority and responsibility
of a county department of
human or social services.
19-5.5-205. Prohibited soliciting or
advertising.
19-5.5-206. Enforcement.
PART 3
INFORMATION AND GUIDANCE
19-5.5-301. Definitions.
19-5.5-302. Scope.
19-5.5-303. General adoption
information.
19-5.5-304. Information about child.
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19-5.5-305. Guidance and instruction.
19-5.5-306. Information about adoption
assistance and resources.
19-5.5-307. Child placement agency
compliance.
19-5.5-308. Rulemaking authority.
PART 4
MISCELLANEOUS PROVISIONS
19-5.5-401. Uniformity of application and
construction.
19-5.5-402. Relation to electronic
signatures in global and
national commerce act.
19-5.5-403. Transitional provisions.
PART 1
GENERAL PROVISIONS
19-5.5-101. Short title.
This article 5.5 may be cited as the "Uniform Unregulated Child Custody Transfer Act".
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 299, § 1, effective April 17.
19-5.5-102. Definitions.
In this article 5.5:
(1) "Child" means an unemancipated individual under eighteen years of age.
(2) "Child placement agency" has the meaning set forth in section 26-6-903.
(3) "County department" has the meaning set forth in section 19-1-103.
(4) "Custody" means the exercise of physical care and supervision of a child.
(5) "Intercountry adoption" means an adoption or placement for adoption of a child who
resides in a foreign country at the time of adoption or placement. The term includes an adoption
finalized in the child's country of residence or in a state.
(6) "Parent" has the meaning set forth in section 19-1-103.
(7) "Person" means an individual, estate, business or nonprofit entity, public corporation,
government or governmental subdivision, agency, or instrumentality, or other legal entity.
(8) "Record" means information that is:
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(a) Inscribed on a tangible medium; or
(b) Stored in an electronic or other medium and retrievable in perceivable form.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the
United States. The term includes a federally recognized Indian tribe.
(10) "State department" means the state department of human services created in section 24 -
1-120.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 299, § 1, effective April 17.
19-5.5-103. Limitations on applicability.
This article 5.5 does not apply to custody of an Indian child, as defined in section 1903(4) of
the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1903(4), as amended, to the extent
custody is governed by the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 to
1963, as amended.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 300, § 1, effective April 17.
PART 2
PROHIBITION OF UNREGULATED CUSTODY TRANSFER
19-5.5-201. Definitions.
In this part 2:
(1) "Custodian" has the meaning set forth in section 19-1-103.
(2) "Division" means the division of child welfare.
(3) "Facilitator" means a person, partnership, corporation, association, firm, agency, or
institution, other than an adoption exchange, county department, or child placement agency, that
offers, gives, charges, or receives money or other consideration or thing of value in connection
with locating or identifying, for purposes of adoption, any child, birth parent, expectant natural
parent, or prospective adoptive parent.
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(4) "Guardian" means a person other than a parent who has the legal authority and duty to
care for a child.
(5) "Intermediary" means a person who assists or facilitates a transfer of custody of a child,
whether or not for compensation.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 300, § 1, effective April 17.
19-5.5-202. Applicability.
(1) This part 2 does not apply to a transfer of custody of a child by a parent, guardian, or
custodian of the child to:
(a) A parent of the child;
(b) A stepparent of the child;
(c) An adult who is related to the child by blood, marriage, adoption, or other relationship
recognized by other law of this state;
(d) An adult who, at the time of the transfer, had a meaningful and safe relationship with the
child for a period of at least six months prior to the transfer, and whom the parent, guardian, or
custodian reasonably believes, at the time of the transfer, to be a fit custodian of the child; or
(e) An Indian custodian, as defined in the federal "Indian Child Welfare Act of 1978", 25
U.S.C. sec. 1903 (6), as amended, of the child.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 301, § 1, effective April 17.
19-5.5-203. Prohibited custody transfer.
(1) Except as provided in subsection (2) of this section, a parent, guardian, or custodian of a
child or an individual with whom a child has been placed for adoption may not transfer custody
of the child to another person with the intent, at the time of the transfer, to abandon the rights and
responsibilities concerning the child.
(2) A parent, guardian, or custodian of a child, or an individual with whom a child has been
placed for adoption, may transfer custody of the child to another person with the intent, at the
time of the transfer, to permanently abandon the rights and responsibilities concerning the child
only through:
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(a) A legal adoption or guardianship proceeding;
(b) Judicial award of custody;
(c) Other judicial or tribal action; or
(d) Colorado's safe haven law as described in section 19-3-304.5.
(3) A person may not receive permanent custody of a child, or act as an intermediary if
permitted under other law of this state, in a transfer of custody of a child if the person knows or
reasonably should know the transfer violates subsection (1) of this section. This prohibition does
not apply if the person, as soon as practicable after the transfer, notifies the state department of
the transfer or takes appropriate action to establish custody under subsection (2) of this section.
(4) Violation of this section is a class 2 misdemeanor.
(5) Violation of subsection (1) of this section is not established solely because a parent,
guardian, or custodian who transfers custody of a child does not regain custody.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 301, § 1, effective April 17.
19-5.5-204. Authority and responsibility of a county department of human or social
services.
(1) If a county department receives a report that a person has transferred or intends to
transfer custody of a child in violation of section 19 -5.5-203 (1), the county department may
conduct an assessment, and, as provided by other laws of this state, take appropriate action to
protect the welfare of the child.
(2) If a county conducts an assessment for a child adopted or placed through an intercountry
adoption, and determines that a person has transferred or intends to transfer custody of a child in
violation of section 19 -5.5-203, the county department shall forward the assessment to the state
department. Upon receiving the assessment, the state department shall:
(a) Prepare a report on the welfare and plan for permanent placement of the child; and
(b) Provide a copy of the report to the United States department of state, bureau of consular
affairs, office of children's issues.
(3) This article 5.5 does not prevent a county department from taking appropriate action
under other law of this state.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 302, § 1, effective April 17.
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19-5.5-205. Prohibited soliciting or advertising.
(1) Except as provided in section 19-5-213.5, a person may not solicit or advertise to:
(a) Identify a person to whom to make a transfer of custody in violation of section 19 -5.5-
203 (1);
(b) Identify a child for a transfer of custody in violation of section 19-5.5-203 (3); or
(c) Act as an intermediary or facilitator, if permitted under other law of this state, in a
transfer of custody in violation of section 19-5.5-203 (3).
(2) A violation of this section is a class 6 felony.
(3) Nothing in this section prohibits the application of section 19-5-213.5.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 302, § 1, effective April 17.
19-5.5-206. Enforcement.
The state department may investigate a possible violation of this part 2 and take legal action as
provided by other law of this state.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 302, § 1, effective April 17.
PART 3
INFORMATION AND GUIDANCE
19-5.5-301. Definitions.
In this part 3, "prospective adoptive parent" means an individual who has been approved or
permitted under other law of this state to adopt a child.
Source: Entire article added, (HB 23-1157), ch. 86, p. 303, § 1, effective April 17.
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19-5.5-302. Scope.
(1) This part 3 applies to placement for adoption of a child who:
(a) Has been or is in foster care or institutional care;
(b) Previously has been adopted in a state;
(c) Has been or is being adopted under the law of a foreign country; or
(d) Has come or is coming to a state from a foreign country to be adopted.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 303, § 1, effective April 17.
19-5.5-303. General adoption information.
(1) Within a reasonable time before a child placement agency places a child for adoption
with a prospective adoptive parent, the child placement agency must provide or cause to be
provided to the prospective adoptive parent general adoption information. The information must
address:
(a) Possible physical, mental, emotional, and behavioral issues concerning:
(I) Identity, loss, and trauma that a child may experience before, during, or after adoption;
and
(II) A child leaving familiar ties and surroundings;
(b) The effect that the access to resources, including health insurance, may have on the
ability of an adoptive parent to meet the needs of a child;
(c) Causes of disruption of an adoptive placement or dissolution of an adoption and
resources available to help avoid disruption or dissolution; and
(d) Prohibitions under sections 19-5.5-203 and 19-5.5-205.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 303, § 1, effective April 17.
19-5.5-304. Information about child.
(1) Except as prohibited by other law of this state, within a reasonable time before a child
placement agency places a child for adoption with a prospective adoptive parent, the child
placement agency must provide or cause to be provided to the prospective adoptive parent
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information specific to the child that is known to the child placement agency and material to the
prospective adoptive parent's informed decision to adopt the child. The information must
include:
(a) The child's family, cultural, racial, religious, ethnic, linguistic, and educational
background;
(b) The child's physical, mental, emotional, and behavioral health;
(c) The child's medical history, including immunizations;
(d) The medical history of the child's genetic parents and siblings;
(e) The history of an adoptive or out -of-home placement of the child and the reason the
adoption or placement ended;
(f) The child's United States immigration status;
(g) Medical, therapeutic, and educational resources, including language -acquisition training,
available to the adoptive parent and child after placement for adoption or adoption to assist in
responding effectively to physical, mental, emotional, or behavioral health issues; and
(h) Available records relevant to the information in subsections (1)(a) to (1)(g) of this
section.
(2) If, before an adoption is finalized, additional information under subsection (1) of this
section that is material to a prospective adoptive parent's informed decision to adopt the child
becomes known to or reasonably obtainable by a child placement agency, the child placement
agency must provide the information to the prospective adoptive parent.
(3) If, after an adoption is finalized, additional information under subsection (1) of this
section becomes known to or reasonably obtainable by a child placement agency, the child
placement agency must make a reasonable effort to provide the information to the adoptive
parent.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 303, § 1, effective April 17.
19-5.5-305. Guidance and instruction.
(1) A child placement agency must provide or cause to be provided to the prospective
adoptive parent guidance and instruction specific to the child to help prepare the parent to
respond effectively to the needs of the child that are known to or reasonably ascertainable by the
child placement agency.
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(2) The guidance and instruction under subsection (1) of this section must address, if
applicable:
(a) The potential effect on the child of:
(I) A previous adoption or out-of-home placement;
(II) Multiple previous adoptions or out-of-home placements;
(III) Trauma, insecure attachment, fetal alcohol exposure, or malnutrition;
(IV) Neglect, abuse, drug exposure, or similar adversity;
(V) Separation from a sibling or significant caregiver; and
(VI) A difference in ethnicity, race, or cultural identity between the child and the prospective
adoptive parent or other child of the parent;
(b) Information available from the federal government on the process for the child to acquire
United States citizenship; and
(c) Any other matter a child placement agency considers material to the adoption.
(3) The guidance and instruction under subsection (1) of this section must be provided:
(a) For adoption of a child residing in the United States a reasonable time before the
adoption is finalized; or
(b) For an intercountry adoption, in accordance with the federal law.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 304, § 1, effective April 17.
19-5.5-306. Information about adoption assistance and resources.
(1) On request of a child who was placed for adoption or the child's adoptive parent, the
child placement agency or the county department shall provide information about how to obtain
adoption assistance and resources:
(a) To assist the child or parent to respond effectively to adjustment, behavioral health, and
other challenges; and
(b) To help preserve the placement or adoption.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 305, § 1, effective April 17.
Colorado Revised Statutes 2026
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19-5.5-307. Child placement agency compliance.
(1) The state department shall investigate an allegation that a child placement agency has
failed to comply with this part 3 and commence an action for injunctive or other relief or initiate
an administrative proceeding against the child placement agency to enforce this part 3.
(2) The state department may initiate a proceeding to determine whether a child placement
agency has failed to comply with this part 3. If the state department finds that the child
placement agency has failed to comply, the state department may suspend or revoke a child
placement agency's license or take other action permitted by law of this state.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 305, § 1, effective April 17.
19-5.5-308. Rulemaking authority.
The state board of human services may adopt rules to implement sections 19 -5.5-303 to 19 -
5.5-306.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 305, § 1, effective April 17.
PART 4
MISCELLANEOUS PROVISIONS
19-5.5-401. Uniformity of application and construction.
In applying and construing this uniform act, a court must consider the promotion of uniformity
of the law among jurisdictions that enact it.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 306, § 1, effective April 17.
19-5.5-402. Relation to electronic signatures in global and national commerce act.
This article 5.5 modifies, limits, or supersedes the federal "Electronic Signatures in Global and
National Commerce Act", 15 U.S.C. sec. 7001 et seq., as amended, but does not modify, limit, or
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supersede 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the notices described
in 15 U.S.C. sec. 7003(b).
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 306, § 1, effective April 17.
19-5.5-403. Transitional provisions.
(1) Part 2 of this article 5.5 applies to:
(a) A transfer of custody on or after April 17, 2023; and
(b) Soliciting or advertising on or after April 17, 2023.
(2) Part 3 of this article 5.5 applies to placement of a child for adoption more than sixty days
after April 17, 2023.
Source: L. 2023: Entire article added, (HB 23-1157), ch. 86, p. 306, § 1, effective April 17.
ARTICLE 6
Support Proceedings
19-6-101. Initiation of proceedings -
support - repayment of
birth-related debt.
19-6-101.5. Amendments of proceedings
- adding children.
19-6-102. Venue.
19-6-103. Summons.
19-6-104. Hearing - orders.
19-6-105. Failure to comply.
19-6-106. Child support - guidelines -
schedule of basic support
obligations.
19-6-107. Orders for allocation of
parental responsibilities
in support actions.
19-6-101. Initiation of proceedings - support - repayment of birth-related debt.
(1) (a) Proceedings to compel parents, or other legally responsible persons, to support a child
or children may be commenced by any person filing a verified petition in the court of the county
where the child resides or is physically present, or in the county where the obligor parent resides,
or in any county where public assistance is or was being paid on behalf of the child.
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(b) Repealed.
(2) A petition under this article may be filed at any time prior to the twenty -first birthday of
the child.
(3) Once the court has acquired jurisdiction, such jurisdiction shall be retained regardless of
the child's place of residence or physical presence.
(4) The minority of the petitioner or of the respondent shall in no way affect the validity of
the proceedings.
(5) Actions brought under this article shall be entitled, "The People of the State of Colorado
in the Interest of .........., children, upon the Petition of .........., petitioner, and concerning ..........,
respondent."
(6) A petition filed pursuant to this article shall contain the following advisements:
(a) That a request for genetic tests shall not prejudice the requesting party in matters
concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), C.R.S.; and
(b) That, if genetic tests are not obtained prior to a legal establishment of paternity and
submitted into evidence prior to the entry of the final order establishing paternity, the genetic
tests may not be allowed into evidence at a later date.
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 89: (1) and (2) amended,
p. 795, § 22, effective July 1. L. 91: (1) amended, p. 254, § 14, effective July 1. L. 95: (1)
amended, p. 1398, § 3, effective July 1. L. 2005: (6) added, p. 379, § 6, effective January 1,
2006. L. 2006: (6)(b) amended, p. 516, § 3, effective August 7.
Editor's note: (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 -7-101
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective June 30, 1999.
(See L. 95, p. 1398.)
ANNOTATION
Law reviews. For note, "Enforcement of
Support Duties in Colorado", see 33 Rocky
Mt. L. Rev. 70 (1960).
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
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This article provides for a simple civil
proceeding requiring parents to support
their children, as their means permit.
People in Interest of L.B., 29 Colo. App.
101, 482 P.2d 1010 (1970), aff'd, 179 Colo.
11, 498 P.2d 1157 (1972).
This section, from the time it became a
law, requires a defendant, as the father of a
child, to contribute to its support and
maintenance, thus relieving the mother or
others upon whom the burden may chance to
fall. Ortega v. Portales, 134 Colo. 537, 307
P.2d 193 (1957) (decided under former § 22-
1-1, CRS 53).
Juvenile court maintains jurisdiction in
support cases where the child's parents are
married or where the paternity of the child is
not contested. Marital status is irrelevant and
does not preclude a support action under this
article. People ex rel. S.E.G., 213 P.3d 1033
(Colo. App. 2009).
Duty of support until 21 years or
emancipation not abrogated. There is no
general mandate in subsection (2) of this
section or former § 19 -1-103 (3) or § 13 -22-
101 which abrogates the duty of support a
parent has toward his minor child until the
age of 21 or emancipation. In re Weaver, 39
Colo. App. 523, 571 P.2d 307 (1977).
The language with regard to support is
specifically not limited to parents. People
in Interest of R.J.G., 38 Colo. App. 148, 557
P.2d 1214 (1976).
Custodian with legal obligation to
support can be compelled to pay. The
custodian of an adjudicated child in need of
supervision with a legal obligation to
support that child is properly within the
scope of the juvenile court jurisdiction and
can be compelled to pay support for the
maintenance of said child. People in Interest
of R.J.G., 38 Colo. App. 148, 557 P.2d 1214
(1976).
And such person can intervene in child
in need of supervision proceedings. Since
the juvenile court has the power to compel
legally responsible persons to support a
child, it necessarily follows that a person
furnishing support to a child in accordance
with an order of the juvenile court has the
right to intervene in a child in need of
supervision proceeding as an interested
party for the purpose of recovering the cost
of that support. People in Interest of R.J.G.,
38 Colo. App. 148, 557 P.2d 1214 (1976).
Although the Colorado Children's
Code is designed to primarily protect the
welfare and safety of Colorado children,
nothing in the code requires that the child to
be supported reside in the state. Therefore,
father's argument that the trial court lacked
subject matter jurisdiction to enter a support
order where the children to be supported
lived in Russia was invalid. People ex rel.
A.K., 72 P.3d 402 (Colo. App. 2003).
There is no ambiguity in the wording of
former articles 6 and 7 (new articles 4 and
6) of the Colorado Children's Code. It is
quite clear that paternity and support issues
are to be determined under article 6 and
article 7 is to be used only for the
determination of support where paternity is
not in dispute. It was error for the court to
have conducted a paternity proceeding under
the petition for support proceedings. People
in Interest of L.B., 29 Colo. App. 101, 482
P.2d 1010 (1970), aff'd, 179 Colo. 11, 498
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P.2d 1157 (1972); B.G. v. S.G., 199 Colo.
403, 609 P.2d 121 (1980).
Determination of paternity precedes
support obligation. The provision for
support proceedings presupposes that
paternity has been established either by a
paternity proceeding or by acknowledgment
of paternity by the father in writing or by
furnishing support. In re People in Interest
of L.B., 179 Colo. 11, 498 P.2d 1157 (1972).
Under the present statutory scheme,
where paternity is contested, a support order
cannot be entered under this article absent a
paternity determination made within the
framework provided by the article 4 of this
title. People in Interest of R.T.L., 780 P.2d
508 (Colo. 1989).
Article 4 of this title provides the
procedures by which a paternity
determination is to be made when
paternity is disputed. In the absence of a
paternity determination, no child support
order can be made against a putative father
pursuant to this article unless paternity is
uncontested. This is so because, before any
support order can be entered under this
article, the court must find that the person
from whom support is sought is a parent or
other person legally obligated to support the
child. People in Interest of R.T.L., 780 P.2d
508 (Colo. 1989).
In cases in which paternity is disputed,
whether in a proceeding under this article
or article 4, paternity must be determined
according to the procedures outlined under
this article before the legal obligation for
support can be imposed. People in Interest
of R.T.L., 780 P.2d 508 (Colo. 1989).
The issue of paternity may not be
adjudicated as an adjunct of support
proceedings since the exclusive means of
adjudicating contested paternity is under the
article concerning paternity proceedings. In
re People in Interest of L.B., 179 Colo. 11,
498 P.2d 1157 (1972).
Limitations bar to paternity actions did
not violate equal protection. A mother
could bring actions to establish paternity for
purposes of support only under article 6 of
the Colorado Children's Code, as it existed
prior to its 1977 repeal and reenactment,
providing for paternity proceedings, and if
she failed to bring them before the child
reaches the age of five years, the actions
were thereafter barred, and such a result did
not violate the equal protection guaranty of
the constitution. In re People in Interest of
L.B., 179 Colo. 11, 498 P.2d 1157 (1972).
Nor did different limitations period for
support actions. When a former statute
provided that no proceeding to establish
paternity or furnish support should be
initiated after a child was five years old
unless the father had acknowledged
paternity in writing or by furnishing support,
whereas proceedings to compel fathers of
illegitimate children or other legally
responsible persons to support a child might
be filed any time before the child's
eighteenth birthday, there was no violation
of the equal protection clause. In re People
in Interest of L.B., 179 Colo. 11, 498 P.2d
1157 (1972).
Where child was conceived and born
during wedlock and is presumed
legitimate until the presumption is rebutted,
petitioner cannot be deprived of the right to
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proceed under this article by the mere denial
of paternity by respondent. People in
Interest of R.M., 37 Colo. App. 209, 548
P.2d 1282 (1975); B.G. v. S.G., 199 Colo.
403, 609 P.2d 121 (1980).
Effect of presumption of legitimacy in
support proceedings. A child born in
wedlock who has the benefit of the strong
presumption of legitimacy should
reasonably be able to rely on that
presumption in seeking support absent a
judicial action by the presumed father
challenging paternity. B.G. v. S.G., 199
Colo. 403, 609 P.2d 121 (1980).
Respondent's bare denial of paternity is
insufficient to require termination of
proceedings under this article. People in
Interest of R.M., 37 Colo. App. 209, 548
P.2d 1282 (1975).
Effect of affirmative defense of
nonaccess and denial of paternity. Where
a proceeding for support is commenced
within the statutory period allowed by
subsection (2) and the respondent denies
paternity and asserts the affirmative defense
of nonaccess, the proceeding then becomes
one under the Uniform Parentage Act to
establish paternity and to compel support.
People in Interest of S.K.H., 42 Colo. App.
126, 594 P.2d 594 (1979).
19-6-101.5. Amendments of proceedings - adding children.
(1) In any existing case commenced under this article, if it is alleged that another child has
been conceived of the parents named in the existing case, that child shall be added to the existing
case if at least one of the presumptions of paternity specified in section 19 -4-105 applies for the
purpose of establishing paternity and child support. The caption shall be amended to include the
added child.
(2) The party amending the petition pursuant to subsection (1) of this section shall serve the
amended petition with the new caption upon the other parties in the manner set forth in section
19-6-103 (2).
(3) Once the court has acquired jurisdiction over the proceedings, such jurisdiction shall be
retained regardless of the added child's physical presence or place of residence.
(4) An amended petition filed pursuant to this article shall comply with the requirements set
forth in section 19-6-101.
(5) Notwithstanding the provisions of subsection (1) of this section, in any case where there
exists more than one alleged or presumed father for a child pursuant to section 19 -4-105, a new
case shall be commenced for that child to determine the child's paternity, establish child support,
and address any other related issues. If it is determined that the child is the child of parents
named in an existing case, the cases shall be consolidated into the initial action pursuant to rule
42 of the Colorado rules of civil procedure.
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Source: L. 2008: Entire section added, p. 1349, § 5, effective January 1, 2009.
19-6-102. Venue.
A petition filed under this section shall be brought in the county in which the child resides or is
physically present, or in any county where the obligor parent resides, or in any county where
public assistance is or was being paid on behalf of the child.
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 89: Entire section
amended, p. 795, § 23, effective July 1. L. 91: Entire section amended, p. 255, § 15, effective
July 1.
Editor's note: 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 -1-105 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
19-6-103. Summons.
(1) Upon filing of the petition, the clerk of the court, the attorney or licensed legal
paraprofessional for the petitioner, or the delegate child support enforcement unit shall issue a
summons stating the substance of the petition and requiring the respondent to appear at the time
and place set for hearing on the petition.
(2) Service of the summons shall be by personal service as provided in the Colorado rules of
civil procedure. In addition to any other method provided by rule or statute, including rule 4(e) of
the Colorado rules of civil procedure, when there is a basis for personal jurisdiction over an
individual living outside this state pursuant to section 14 -5-201, C.R.S., service may be
accomplished by delivering a copy of the summons, together with a copy of the petition upon
which it was issued, to the individual served. Such service may be by private process server or
by sending such copies to such individual by certified mail with proof of actual receipt by such
individual.
(3) The hearing shall be set for a day not less than ten days after service is completed or on
such later date as the court may order.
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Source: L. 87: Entire title R&RE, p. 812, § 1, effective October 1. L. 89: (1) amended, p. 795,
§ 24, effective July 1. L. 93: (2) amended, p. 1564, § 15, effective September 1. L. 96: (1)
amended, p. 613, § 16, effective July 1. L. 2005: (2) amended, p. 379, § 7, effective April 22. L.
2024: (1) amended, (HB 24-1291), ch. 131, p. 473, § 25, effective August 7.
Editor's note: 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 -7-102 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Denver department of social services
not stranger to proceedings. Where the
Denver department of social services was
before the juvenile court when it was
awarded and accepted custody of a minor
and it initially recommended placement of
the child, its contention that it was in effect a
stranger to the proceedings, being neither
served with a summons nor given a hearing,
is totally without support. City & County of
Denver v. Brockhurst Boys Ranch, Inc., 195
Colo. 22, 575 P.2d 843 (1978).
19-6-104. Hearing - orders.
(1) If the court or delegate child support enforcement unit finds that the obligor has an
obligation to support the child or children mentioned in the petition or notice, the court or
delegate child support enforcement unit may enter an order directing the obligor to pay such
sums for support as may be reasonable under the circumstances, taking into consideration the
factors found in section 19 -4-116 (6). The court or delegate child support enforcement unit may
also enter an order directing the appropriate party to pay for support of the child, in an amount as
may be determined by the court or delegate child support enforcement unit to be reasonable
under the circumstances, for a time period that occurred prior to the month the child support
obligation begins under this article 6.
(1.5) At the hearing, the court shall give a verbal advisement to the parties that a request for
genetic tests shall not prejudice the requesting party in matters concerning allocation of parental
responsibilities pursuant to section 14 -10-124 (1.5), C.R.S. The judge or magistrate shall further
advise the parties that, if genetic tests are not obtained prior to the legal establishment of
paternity and submitted into evidence prior to the entry of the final order establishing paternity,
the genetic tests may not be allowed into evidence at a later date.
(2) If, at or before the hearing, the respondent waives his right to a hearing and stipulates to
the entry of a support order, such stipulation may be presented to the court. If the court finds that
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the amount stipulated is reasonable under the circumstances, it may enter an order of support in
accordance with the stipulation.
(3) The court may enter a temporary support order to remain effective pending a final
disposition of the proceeding.
(3.5) Upon the filing of a proceeding under this article 6 or upon the filing of a proceeding
originating under article 13.5 of title 26, the judge or magistrate shall advise the parties that
subsequent to an adjudication of parentage, upon motion, the court shall enter an order allocating
parental responsibilities pursuant to section 14 -10-124 (1.5); except that, in matters involving a
nonresident party, the court shall first determine whether it has authority to issue an order
allocating parental responsibilities pursuant to article 13 of title 14. Nothing in this subsection
(3.5) shall be construed to authorize a delegate child support enforcement unit to negotiate or
mediate the allocation of parental responsibilities in any proceeding initiated under this article or
article 13.5 of title 26.
(4) The court may modify an order of support only in accordance with the provisions of and
the standard for modification in section 14-10-122, C.R.S.
(5) The court may order that the respondent initiate the inclusion of the child or children
under a medical insurance policy currently in effect for the benefit of the respondent, purchase
medical insurance for the child or children, or, in some other manner, provide for the current or
future medical needs of the child or children. At the same time, the court may make a
determination of whose responsibility it shall be to pay required medical insurance deductibles
and copayments.
(5.5) All child support orders entered pursuant to this article 6 must include the dates of birth
of the parties and of the children who are the subjects of the order and the parties' residential and
mailing addresses.
(6) Any order made pursuant to this article shall not be exclusive.
(7) The court may assess the costs of the action as part of its order.
Source: L. 87: Entire title R&RE, p. 812, § 1, effective October 1. L. 89: (4) amended, p. 795,
§ 25, effective July 1. L. 93: (5.5) added, p. 1564, § 16, effective September 1. L. 94: (1)
amended, p. 1542, § 17, effective May 31. L. 97: (5.5) amended, p. 1277, § 18, effective July 1.
L. 99: (5.5) amended, p. 1087, § 6, effective July 1. L. 2005: (3.5) added, p. 379, § 9, effective
July 1; (1.5) added, p. 379, § 8, effective January 1, 2006. L. 2019: (5.5) amended, (HB 19 -
1215), ch. 270, p. 2553, § 4, effective July 1. L. 2023: (3.5) amended, (SB 23 -173), ch. 330, p.
1976, § 9, effective July 1; (1) amended, (SB 23 -173), ch. 330, p. 1976, § 8, effective September
1.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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Editor's note: 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 -7-103 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 1997 act amending
subsection (5.5), see section 1 of chapter 236, Session Laws of Colorado 1997.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
This section, compelling the father to
care for and support an unborn child and
its mother, is constitutional. Cederquist v.
Archuleta, 127 Colo. 41, 253 P.2d 431
(1953) (decided under former CSA, C. 33, §
1).
Article 4 of this title provides the
procedures by which a paternity
determination is to be made when
paternity is disputed. In the absence of a
paternity determination, no child support
order can be made against a putative father
pursuant to this article unless paternity is
uncontested. This is so because, before any
support order can be entered under this
article, the court must find that the person
from whom support is sought is a parent or
other person legally obligated to support the
child. People in Interest of R.T.L., 780 P.2d
508 (Colo. 1989).
Modification of a child support order
entered in a parentage action is governed
by the provisions of this section which
requires a showing of a "change in relevant
circumstances". M.H.W. by M.E.S. v.
D.J.W., 757 P.2d 1129 (Colo. App. 1988).
Juvenile court acting under § 19-1-104
(6) may enter child support order, which
order must follow the provisions of this
article 6 and the child support guidelines
set forth in § 14 -10-115. Where
delinquency court granted stipulation
allocating parental responsibilities to
mother, in determining support, court was
required to follow the provisions of this
article 6, including § 19 -6-106, which in
turn requires compliance with the child
support guidelines. Court erred in failing to
address the factors set forth in § 14 -10-115.
People in Interest of E.Q., 2020 COA 118,
472 P.3d 1115.
Juvenile court lacks authority to
determine who a parent must designate as
representative payee for parent's federal
social security disability insurance (SSDI)
benefits. No provision of the federal Social
Security Act permits a state court to
determine who should serve as
representative payee. While SSDI benefits
constitute income for child support purposes
and may be withheld or garnished to enforce
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child support orders, court erred in naming
mother as father's representative payee.
People in Interest of E.Q., 2020 COA 118,
472 P.3d 1115.
Trial court erred as a matter of law
when it applied the standard for
modification of a support order pursuant to
the Uniform Dissolution of Marriage Act
when the support order was entered under
the Uniform Parentage Act and the standard
for modification as set forth in this section
should have been applied. Ashcraft v. Allis,
747 P.2d 1274 (Colo. App. 1987).
Unless an order specifically states that
it is not subject to modification, a trial
court may modify a lump -sum child support
order. M.F. v. L.M., 780 P.2d 69 (Colo. App.
1989).
Juvenile court properly considered the
father's earning ability and the parties'
agreement to sell jointly owned house in
determining whether an increase in child
support was warranted for child born out of
wedlock and the juvenile court did not abuse
its discretion in ordering increased child
support upon the sale of said house. M.H.W.
by M.E.S. v. D.J.W., 757 P.2d 1129 (Colo.
App. 1988).
The language with regard to support is
specifically not limited to parents. People
in Interest of R.J.G., 38 Colo. App. 148, 557
P.2d 1214 (1976).
Court has wide discretion in
determining awards of child support.
People in Interest of W.M., 642 P.2d 794
(Colo. App. 1982).
Juvenile court has wide discretion in
determining awards of child support and the
court's decision will not be disturbed absent
an abuse of discretion. M.H.W. by M.E.S. v.
D.J.W., 757 P.2d 1129 (Colo. App. 1988).
Custodian with legal obligation to
support can be compelled to pay. The
custodian of an adjudicated child in need of
supervision with a legal obligation to
support that child is properly within the
scope of the juvenile court jurisdiction and
can be compelled to pay support for the
maintenance of said child. People in Interest
of R.J.G., 38 Colo. App. 148, 557 P.2d 1214
(1976).
Rebuttal of presumption of legitimacy.
Where the husband defended against a child
support action on the grounds he was not the
real father, the court held that the
presumption that a child conceived in
wedlock is the offspring of the husband is
the strongest presumption known to law. It is
not, however, conclusive and can only be
overcome by clear and convincing proof that
the husband is either impotent or had no
access to the wife at any time when,
according to the course of nature,
conception could have occurred. People in
interest of A.M.D. v. R.C.D., 29 Colo. App.
202, 481 P.2d 123 (1971).
Denver department of social services
not stranger to proceedings. Where the
Denver department of social services was
before the juvenile court when it was
awarded and accepted custody of a minor
and it initially recommended placement of
the child, its contention that it was in effect a
stranger to the proceedings, being neither
served with a summons nor given a hearing,
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is totally without support. City & County of
Denver v. Brockhurst Boys Ranch, Inc., 195
Colo. 22, 575 P.2d 843 (1978).
No authority to assess costs against
state. Former subsection (6) (now
subsection (7)) does not give the court of
appeals the authority to assess costs against
the state for a frivolous appeal. People in
Interest of W.M., 643 P.2d 794 (Colo. App.
1982).
Applied in B.G. v. S.G., 199 Colo. 403,
609 P.2d 121 (1980).
19-6-105. Failure to comply.
(1) A person failing to comply with an order of the court entered under this article shall be
found in contempt of court in accordance with section 14-14-110, C.R.S.
(2) The court shall have authority to issue writs of execution for the collection of accrued
and unpaid installments of support orders.
Source: L. 87: Entire title R&RE, p. 812, § 1, effective October 1. L. 89: (1) amended, p. 796,
§ 26, effective July 1.
Editor's note: 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 -7-104 as said
section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The language with regard to support is
specifically not limited to parents. People
in Interest of R.J.G., 38 Colo. App. 148, 557
P.2d 1214 (1976).
Custodian with legal obligation to
support can be compelled to pay. The
custodian of an adjudicated child in need of
supervision with a legal obligation to
support that child is properly within the
scope of the juvenile court jurisdiction and
can be compelled to pay support for the
maintenance of said child. People in Interest
of R.J.G., 38 Colo. App. 148, 557 P.2d 1214
(1976).
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19-6-106. Child support - guidelines - schedule of basic support obligations.
The provisions of section 14 -10-115, C.R.S., shall apply to all child support obligations,
established or modified, as a part of any proceeding under this article, whether filed on or
subsequent to July 1, 1988.
Source: L. 88: Entire section added, p. 746, § 17, effective July 1.
ANNOTATION
Juvenile court acting under § 19 -1-104
(6) may enter child support order, which
order must follow the provisions of this
article 6 and the child support guidelines
set forth in § 14 -10-115. Where
delinquency court granted stipulation
allocating parental responsibilities to
mother, in determining support, court was
required to follow the provisions of this
article 6, which in turn requires compliance
with the child support guidelines. Court
erred in failing to address the factors set
forth in § 14 -10-115. People in Interest of
E.Q., 2020 COA 118, 472 P.3d 1115.
19-6-107. Orders for allocation of parental responsibilities in support actions.
Upon the filing of any proceeding under this article 6 or under article 13.5 of title 26, the court
shall, as soon as practicable, enter a temporary or permanent order allocating parental
responsibilities that allocates decision -making responsibility and parenting time for the child
until further order of the court. This section does not apply to any parentage determination made
pursuant to section 14-5-402.
Source: L. 2023: Entire section added, (SB 23-173), ch. 330, p. 1977, § 10, effective July 1.
ARTICLE 7
Youth in Foster Care
PART 1
PROTECTIONS FOR YOUTH IN FOSTER
CARE
19-7-101. Rights of children and youth
in foster care - written
notice - reporting -
legislative declaration.
19-7-102. Protection against identity
theft.
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19-7-103. Access to extracurricular
activities - legislative
declaration - rules.
19-7-104. Subjects included within
training for certified
foster parents and kinship
foster care - rules.
19-7-105. Federal benefits for children
and youth in foster care -
rules - legislative intent -
legislative declaration -
definitions.
PART 2
YOUTH SIBLINGS IN FOSTER CARE
19-7-201. Short title.
19-7-202. Legislative declaration.
19-7-203. Foster care sibling rights.
19-7-204. Foster care sibling family
time - contact plan - rules
- definition.
PART 3
FOSTER YOUTH IN TRANSITION
PROGRAM
19-7-301. Legislative declaration.
19-7-302. Definitions.
19-7-303. Foster youth in transition
program - established.
19-7-304. Eligibility and enrollment.
19-7-305. Available services and
supports.
19-7-306. V oluntary services
agreement.
19-7-307. Petition - form and content.
19-7-308. Right to counsel - guardian
ad litem - representation
of petitioner.
19-7-309. Supervised independent
living placements -
background checks not
required.
19-7-309.5. Initial hearings.
19-7-310. Emancipation discharge
hearings - emancipation
transition plan.
19-7-311. Permanency planning
hearings - notice to
parents.
19-7-312. Periodic reviews.
19-7-313. Continuing jurisdiction.
19-7-314. Foster youth successful
transition to adulthood
grant program - creation -
standards - application -
fund - advisory board -
duties.
19-7-314.5. Colorado fostering success
voucher program -
established - eligibility -
administration -
availability, standards,
and services.
19-7-315. Rules.
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Title 19 - Children's Code
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PART 1
PROTECTIONS FOR YOUTH IN FOSTER CARE
19-7-101. Rights of children and youth in foster care - written notice - reporting -
legislative declaration.
(1) (a) The general assembly finds and declares that:
(I) Children and youth in foster care are temporarily or permanently separated from their
parents and are the responsibility of the state of Colorado;
(II) These children and youth are in a unique situation that requires special safeguards,
making it vital to establish rights for children and youth in foster care;
(III) The United States department of health and human services administration of children
and families has stressed that every child and youth who is unable to live with the child's or
youth's parents is entitled to a safe, loving, and affirming foster care placement, regardless of the
child's or youth's sexual orientation, gender identity, or gender expression;
(IV) Approximately three thousand six hundred children or youth are currently in out -of-
home foster placements in Colorado; and
(V) Children and youth in foster care, both in Colorado and nationwide, tend to have poorer
outcomes than other children and youth, including:
(A) One -third of children or youth in foster care in Colorado who age out of foster care
become homeless within three years;
(B) Children and youth in foster care in Colorado change schools an average of three -and-
one-half times per year;
(C) Approximately thirty percent of youth in foster care in Colorado graduate from high
school, compared to eighty-two percent of the general student population;
(D) In Colorado, youth in foster care have lower graduation rates than youth experiencing
homelessness;
(E) Nationwide, more than half of children and youth in foster care receive a psychiatric or
mental health diagnosis, compared to sixteen and sixty one -hundredths percent of income -
eligible children and youth on medicaid;
(F) Nationwide, one out of four children and youth in foster care between the ages of six and
seventeen are administered at least one psychotropic medication;
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(G) Thirty percent of children and youth in foster care nationwide identify as LGBTQ+, and
these children and youth have an additional layer of trauma that accompanies being rejected or
mistreated because of their sexual orientation, gender identity, or gender expression;
(H) Research shows that children and youth in foster care who identify as LGBTQ+ are
more than twice as likely to report being treated poorly by the foster care system;
(I) Approximately ten percent of children and youth in foster care nationwide are entitled to
social security benefits, either because their parent or parents have died or because they have a
physical or intellectual disability; and
(J) Children and youth who are in foster care are at an increased risk of incarceration, with
twenty-six percent of youth who are twenty -one years of age and who were formerly in foster
care in Colorado having been incarcerated within the past two years, while youth who are
twenty-one years of age and who are in the general population have approximately a seventeen
percent likelihood of having been incarcerated in the past two years.
(b) Therefore, the general assembly declares that to protect the children and youth who are
the responsibility of the state, a statutory bill of rights is established for these children and youth,
along with a system to notify children and youth of their rights and a mechanism to enforce those
rights. The statutory rights established in this section are not intended to limit or supersede the
constitutional rights of parents, nor do they limit any other constitutional or statutory rights
afforded to children and youth. This bill of rights is intended to improve the health, well -being,
and safety of children and youth in foster care by defining the rights of children and youth in
foster care, clarifying the authority of the courts to enforce these rights, and providing children
and youth with notice of their rights.
(2) A child or youth in foster care or participating in the foster youth in transition program,
created in part 3 of this article 7, but excluding a child or youth detained by or committed to the
care and physical custody of the division of youth services in the department of human services,
has the following rights:
(a) Fair and equal access, including:
(I) Freedom from discrimination or harassment on the basis of actual or perceived race or
ancestry, ethnic group, national origin, religion, sex, sexual orientation, gender identity, gender
expression, disability, marital status, familial status, source of income, military status, or HIV
status;
(II) Freedom of thought, conscience, cultural and ethnic practice, and religion, including the
right to attend or refuse to attend cultural, ethnic, and religious services and activities;
(III) Expression of the child's or youth's gender identity and to be referred to by the child's or
youth's preferred name and gender pronouns;
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(IV) Freedom from threats, punishment, or retaliation for asking questions, stating concerns,
or making complaints about a violation of the rights and protections established in this article 7;
(V) Access to services, placement, and state and federal programs and services for which the
child or youth is eligible;
(VI) Developmentally appropriate notification of any benefits for which the child or youth is
eligible or receiving, including written notification of who is serving as representative payee,
when applicable; and
(VII) If there is a representative payee who accepts payments for a child or youth, an
accounting of the use of those payments when requested by the child or youth and on an annual
basis;
(b) Appropriate placement and care, including:
(I) Appropriate adult guidance, support, and supervision in a safe, healthy, and comfortable
environment in which the child or youth is treated with fairness, respect, and dignity;
(II) Consideration of the child's or youth's preference regarding the child's or youth's
placement;
(III) Freedom from physical, sexual, emotional, or other abuse; corporal punishment;
neglect; or any other form of inhumane treatment, such as exploitation or trafficking;
(IV) Placement in the least restrictive setting that is appropriate to the child's or youth's
needs, and receipt of the services and supports necessary to maintain that placement;
(V) Freedom from abandonment or being locked in a room, building, or premises, or being
subjected to isolation or other physical or medical restraint, unless otherwise authorized by
statute;
(VI) Placement with a foster care provider who is aware of and understands the child's or
youth's unique history as it relates to the child's or youth's care and who possesses the
appropriate knowledge and skills to provide for the child's or youth's needs;
(VII) Application of the reasonable and prudent parent standard as required by federal law;
(VIII) Return to the custody of a parent or legal guardian, consistent with applicable legal
standards and considering the preferences of the child or youth;
(IX) Timely court proceedings and determinations about the child's or youth's placement;
(X) Effective case management and planning that prioritizes the safe return of the child or
youth to the child's or youth's parents, legal guardians, relatives, or kin, or moving the child or
youth to other forms of permanent placement, if necessary;
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(XI) A requirement that the representative payee for the child or youth, including the
department of human services if it is acting as the representative payee, use any benefits the child
or youth receives to meet the child's or youth's individual needs after the representative payee
meets with the child or youth to ascertain the child's or youth's current and foreseeable needs;
and
(XII) Timely notification to the social security administration to initiate the transfer of
benefits from a representative payee when a child or youth who is receiving benefits leaves the
custody of the department of human services;
(c) Access and communication, in a setting that provides privacy for in -person or other
methods of contact, with professionals and other supports, including:
(I) Persons working on the child's or youth's behalf, including, but not limited to,
caseworkers, the child's or youth's guardian ad litem or counsel for youth and their legal teams,
mental health professionals, tribe, foster youth advocates and supporters, court -appointed special
advocates, education rights holders, and probation officers. The child's or youth's contact with
the child's or youth's guardian ad litem, counsel for youth, other attorneys, and members of the
child's or youth's legal team must protect the applicable legal privileges and confidentiality.
(II) The child's or youth's guardian ad litem or counsel for youth, the child protection
ombudsman, county departments of human or social services, or the department of human
services regarding any questions, concerns, or violations of the rights and protections established
in this article 7; and
(III) Connections to the child's or youth's community and supports, including communication
and contact with people outside the foster care system who are important to the child or youth,
unless otherwise limited by law or court order;
(d) Confidentiality and privacy, including:
(I) Confidentiality of all juvenile court records, consistent with existing law;
(II) Freedom from unreasonable searches, limitation of use, or taking of personal belongings
or other unreasonable invasions of privacy; and
(III) Reasonable expectations of privacy to make and receive telephone calls and send and
receive text messages, email, and postal mail;
(e) Education, including:
(I) Receipt of a free and appropriate education, access to transportation to educational
institutions, and an opportunity to participate in sports and extracurricular, cultural, personal
enrichment, and social activities consistent with the child's or youth's age and developmental
level, including access to computer technology and the internet as necessary for the child's or
youth's education; and
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(II) School stability that presumes the child or youth will remain in the school of origin, as
defined in section 22 -32-138, in which the child or youth is enrolled at the time of placement,
unless remaining in that school is not in the child's or youth's best interests;
(f) Basic essentials, including:
(I) Adequate and gender - and culturally affirming food, clothing, hygiene products, and
necessary hygiene services;
(II) Personal allowance or employment opportunities appropriate to the child's or youth's age
and developmental level, including appropriate opportunities to experience the use and value of
money by making purchases for items according to the child's or youth's choice; and
(III) Personal belongings, including wearing the child's or youth's own clothing, having a
safe place to store personal belongings, and having personal belongings transported in
appropriate luggage with the child or youth during or shortly after a change of placement.
Personal belongings stored and transported after a change of placement must be maintained in
the same or better condition.
(g) Health care, including:
(I) Adequate and appropriate medical, dental, vision, mental health, and substance use
disorder services;
(II) Reproductive and sexual health care consistent with Colorado state law;
(III) Freedom from the administration of prescription medication or other chemical
substances, unless authorized by a physician or, when necessary, court order, after an
individualized assessment of the child or youth, including a consultation with the child or youth,
and with the child's or youth's consent, consistent with Colorado state law;
(IV) Access to prescribed medications during a placement change or similar transition so the
child or youth does not experience a disruption in the availability of necessary prescription
medication; and
(V) Notification of the medications that were prescribed to the child or youth and the
purpose for each medication for the child or youth;
(h) Participation in legal proceedings and case planning, including:
(I) Appointment of a guardian ad litem or counsel for youth pursuant to sections 19 -3-203
and 19-7-308;
(II) Attending and fully participating in all hearings related to the child's or youth's case,
including access to appropriate transportation for the child's or youth's court proceedings, and the
opportunity to be heard separately when deemed necessary by the court pursuant to section 19 -1-
106 (5);
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(III) At the child's or youth's request, allowing certain people to be present for the child's or
youth's court proceedings that take place pursuant to section 19-1-106;
(IV) Consulting with the court regarding the child's or youth's permanency goals pursuant to
section 19-3-702 (1)(a);
(V) As appropriate to a child's or youth's age and developmental level, being informed of and
participating in the development of the child's or youth's case plan, consistent with state and
federal law; and
(VI) As appropriate to the child's or youth's age and developmental level, participation in and
accompaniment of supports to meetings about the child's or youth's court proceedings; and
(i) The necessities to be self-sufficient during the transition to adulthood, including:
(I) Consistent with the child's or youth's developmental level, assistance with establishing a
bank account, including identifying institutions where a child or youth may open a bank account,
obtaining documents necessary to open an account, learning how to spend a reasonable amount
of money, and managing personal income. This subsection (2)(i)(I) does not create an obligation
to fund the child's or youth's bank account if one is created.
(II) Having access to information regarding the work and educational options available to the
child or youth, including, but not limited to, information regarding available financial aid and
postsecondary education support consistent with state law;
(III) Being allowed to work and develop job skills, consistent with state law and the child's
or youth's age and developmental level;
(IV) Obtaining or receiving a free annual credit report from the department of human
services or a county department of human or social services and the additional credit -related and
identity theft protections provided in section 19-7-102 if the child or youth is in the legal custody
of a county department of human or social services and is fourteen years of age or older;
(V) When the youth is eighteen years of age or older and leaving foster care, being provided
with the youth's birth certificate, social security card, immigration documents, health insurance
information, medical records, education records, either a driver's license or a state -issued
identification card, written information concerning the youth's family history and contact
information for siblings, if appropriate, and proof of foster care pursuant to section 19 -3-702
(4)(d);
(VI) Notifying a youth who is turning sixteen years of age of the youth's eligibility for the
foster youth in transition program, created in part 3 of this article 7;
(VII) Assisting a youth in applying for benefits the youth is eligible for or currently
receiving, to ensure that benefits continue once the youth turns eighteen years of age or
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transitions out of foster care, including redetermination for the purposes of social security
benefits; and
(VIII) Driving instruction for youth fifteen years of age and older pursuant to section 26 -5-
115.
(3) The office of the child's representative shall develop a written notice of the rights
enumerated in subsection (2) of this section. The office of the child's representative shall develop
the notice with input from youth with lived experience. The notice must include contact
information for:
(a) The child's or youth's appointed attorney;
(b) The office of the child protection ombudsman;
(c) The appropriate county department of human or social services; and
(d) The department of human services.
(4) The county department of human or social services shall provide each child or youth who
is five years of age or older with the written notice developed pursuant to subsection (3) of this
section at the time of the child's or youth's initial placement in foster care, at each placement
change, and at least annually. The notice must be in the child's or youth's primary language.
(5) Certified and licensed foster placements for children and youth shall post the written
notice on the premises in a place where children and youth have access. The department of
human services shall ensure compliance with this section as part of its oversight process of
certified and licensed homes for youth.
(6) Sua sponte or upon motion, a juvenile court may issue any orders to any party to ensure
the child or youth is provided the rights enumerated in subsection (2) of this section.
(7) A juvenile court shall not limit or deny the rights enumerated in subsection (2) of this
section unless the court finds by clear and convincing evidence that there are extraordinary
circumstances and the limitation or denial is necessary for the safety of the child or youth in
foster care. This subsection (7) is applicable to only the rights enumerated in this section and
does not alter the hearing requirements or standards otherwise established in this title 19.
(8) The rights enumerated in subsection (2) of this section are a broad expression of the
rights of children and youth residing in foster care and are not exhaustive of all rights set forth in
the United States constitution and the Colorado constitution, federal and state statutes, and case
law.
(9) The office of the child protection ombudsman shall include in its annual report the
number of complaints received related to the rights enumerated in this section, including the
rights being violated or youth being unaware of the rights.
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Source: L. 2011: Entire article added, (SB 11 -120), ch. 102, p. 319, § 1, effective August 10.
L. 2013: (1) amended, (HB 13 -1300), ch. 316, p. 1677, § 41, effective August 7. L. 2015: (2)
amended, (SB 15 -087), ch. 263, p. 1020, § 14, effective June 2. L. 2017: IP(1) amended, (HB
17-1329), ch. 381, p. 1978, § 44, effective June 6. L. 2018: IP(1) and (1)(g) amended, (SB 18 -
092), ch. 38, p. 433, § 79, effective August 8. L. 2019: (1)(p) amended, (HB 19 -1219), ch. 237,
p. 2356, § 6, effective August 2. L. 2021: (1)(t) amended, (HB 21 -1108), ch. 156, p. 892, § 21,
effective September 7. L. 2022: (1)(bb) amended, (HB 22 -1038), ch. 92, p. 443, § 30, effective
January 9, 2023. L. 2024: Entire section R&RE, (HB 24 -1017), ch. 122, p. 398, § 1, effective
August 7.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018. For the legislative declaration in HB 21 -1108, see section 1 of
chapter 156, Session Laws of Colorado 2021. For the legislative declaration in HB 22 -1038, see
section 1 of chapter 92, Session Laws of Colorado 2022.
19-7-102. Protection against identity theft.
(1) The court shall ensure that each youth in foster care who is in the legal custody of a
county department of human or social services or the department of human services and who is
at least fourteen years of age obtains or receives free annual credit reports from the department of
human services or a county department of human or social services. The county department of
human or social services or the department of human services shall inform the court with
jurisdiction over the youth, if any, of any inaccuracies in a report and refer the matter to a
governmental or nonprofit entity on the referral list developed pursuant to subsection (2) of this
section for assistance in interpreting and resolving any inaccuracies in a report if the credit report
shows evidence of possible identity theft. The youth's counsel for youth shall advise the youth of
possible consequences of and options to address the possible identity theft, including the right to
report the matter to law enforcement and seek possible prosecution of the offender.
(2) (a) On or before July 31, 2012, the department of human services shall develop, in
consultation with county departments of human or social services, a referral list of governmental
and nonprofit entities that are authorized to assist a youth in foster care who has found evidence
of possible identity theft on his or her credit report. An entity on the referral list developed
pursuant to this subsection (2) is authorized to take any necessary remedial actions to clear the
youth's credit record and shall report the results of its actions to the department of human
services or the county department of human or social services with legal custody of the youth.
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(b) In compiling the referral list pursuant to subsection (2)(a) of this section, the state
department of human services, and any county departments of human or social services
consulted therein, are not subject to liability pursuant to the extent provided by article 10 of title
24.
Source: L. 2011: Entire article added, (SB 11 -120), ch. 102, p. 322, § 1, effective August 10.
L. 2013: (1) and (2)(a) amended, (SB 13 -047), ch. 359, p. 2107, § 1, effective May 28. L. 2018:
(2)(b) amended, (SB 18 -092), ch. 38, p. 434, § 80, effective August 8. L. 2022: (1) amended,
(HB 22-1038), ch. 92, p. 444, § 31, effective January 9, 2023. L. 2024: (1) amended, (HB 24 -
1017), ch. 122, p. 406, § 2, effective August 7.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018. For the legislative declaration in HB 22 -1038, see section 1 of
chapter 92, Session Laws of Colorado 2022.
19-7-103. Access to extracurricular activities - legislative declaration - rules.
(1) The general assembly finds and declares that it is important for youth in foster care,
excluding those in the custody of the division of youth services or a state mental hospital, to have
increased access to normative, developmentally appropriate extracurricular activities to help
prepare them for independence. Foster parents and group home parents or group center
administrators shall make a reasonable effort to allow a youth in their care to participate in
extracurricular, cultural, educational, work -related, and personal enrichment activities. The
department of human services shall promulgate rules for the implementation of this section. The
rules must address policies, including but not limited to waiver of any fingerprint -based criminal
history records checks for community entities, excluding all individuals required to obtain a
fingerprint-based criminal history records check pursuant to section 26 -6-912 or 26.5 -5-316,
providing extracurricular activities and guidelines for determining in what situations it is
appropriate to waive fingerprint -based criminal history records checks, to allow youth in foster
care, excluding those in the custody of the division of youth services or a state mental hospital,
who are twelve years of age and older to participate in age -appropriate extracurricular
enrichment, social activities, and activities designed to assist those youth to make the transition
to independence, build life skills, and enhance opportunities to make positive connections.
(2) If the state department of human services or a county department of human or social
services waives the fingerprint-based criminal history record checks pursuant to subsection (1) of
this section, the state department of human services or county department of human or social
services are not subject to liability pursuant to the extent provided by article 10 of title 24.
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Source: L. 2011: Entire article added, (SB 11 -120), ch. 102, p. 322, § 1, effective August 10.
L. 2017: (1) amended, (HB 17 -1329), ch. 381, p. 1979, § 45, effective June 6. L. 2018: (2)
amended, (SB 18-092), ch. 38, p. 434, § 81, effective August 8. L. 2022: (1) amended, (HB 22 -
1295), ch. 123, p. 837, § 45, effective July 1.
Cross references: For the legislative declaration in SB 18 -092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
19-7-104. Subjects included within training for certified foster parents and kinship
foster care - rules.
(1) Rules promulgated by the state department of human services that prescribe training for
foster care parents prior to placement of a child or youth must include training on the following
subjects:
(a) The effects of child abuse and neglect on child development;
(b) Health issues in foster care, including health services available to children and youth in
foster care;
(c) The right of a child or youth in foster care to have fair and equal access to all available
services, placement, care, treatment, and benefits, and to not be subjected to discrimination or
harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual
orientation, gender identity, gender expression, national origin, ancestry, or any communicable
disease, including HIV , of the child or youth;
(d) The rights of siblings in foster care, as set forth in section 19-7-203; and
(e) Understanding the role of a child welfare education liaison, as described in section 22-32-
138 (2).
(2) Rules promulgated by the state department of human services that prescribe post -
placement annual training for foster care parents must include training on the following subjects:
(a) Health issues in foster care;
(b) The importance of child and youth self-esteem;
(c) Emancipation and independent living skills, as appropriate;
(d) The rights of siblings in foster care, as set forth in section 19-7-203; and
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(e) The right of a child or youth in foster care to have fair and equal access to all available
services, placement, care, treatment, and benefits, and not be subjected to discrimination or
harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual
orientation, gender identity, gender expression, national origin, ancestry, or any communicable
disease, including HIV , of the child or youth.
(3) Nothing in this section precludes the state department of human services or a county
department of human or social services from requiring foster parent training in excess of the
requirements in this section.
(4) The state department of human services may promulgate rules to modify the
requirements of this section for kinship foster care homes, including training topics for kinship
foster care certification.
Source: L. 2021: Entire section added, (HB 21 -1072), ch. 43, p. 184, § 2, effective April 19.
L. 2024: (4) added, (SB 24-008), ch. 289, p. 1932, § 3, effective September 1.
19-7-105. Federal benefits for children and youth in foster care - rules - legislative
intent - legislative declaration - definitions.
(1) (a) The general assembly finds and declares that:
(I) The federal government provides various benefits and resources to promote the well -
being, education, health, and safety of children or youth in foster care;
(II) In addition to their needs and circumstances making them eligible for benefits, children
or youth in foster care often face significant challenges, including instability in living
arrangements, lack of financial resources, and limited access to long-term care and support;
(III) Individualized allocation of federal benefits is critical for addressing the specific needs
and circumstances of each child or youth in foster care, providing them with the resources
necessary to promote health, education, and long-term success; and
(IV) Individualized allocation of federal benefits is consistent with the policy of the state of
Colorado to prioritize the needs of children or youth in foster care, particularly their financial
security and independence, as they transition to adulthood or reunification with families.
(b) The general assembly further declares its intent to ensure that all federal benefits,
including survivor benefits and disability benefits, provided to children or youth in foster care
are set aside specifically for the use of individual children or youth in foster care, thereby:
(I) Enabling children or youth in foster care to access benefits directly for their personal care,
education, and welfare;
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(II) Helping to mitigate the effects of instability by giving children or youth in foster care
access to the resources they need to thrive in their current foster care environment or transition to
independence; and
(III) Providing transparency and accountability in the use of federal benefits, ensuring that
children or youth in foster care receive the full support intended for their unique needs.
(c) It is the intent of the general assembly that federal benefits are not generalized or pooled
for institutional purposes, but are individually allocated and protected for the direct use of each
child or youth in the foster care system. Individual allocation and protection of federal survivor
benefits is the first step toward addressing this issue more broadly. Therefore, it is further the
intent of the general assembly that:
(I) Federal survivor benefits, which are the legal entitlement of individual children and
youth, not be used to cover the costs of care for children or youth in foster care;
(II) Federal survivor benefit funds be managed and distributed with oversight to ensure that
they are used solely for the benefit and advancement of an individual child or youth's well -being
and development; and
(III) Federal survivor benefit resources be allocated to prioritize the personal rights and
needs of individual children or youth in foster care, affording them the opportunities and stability
necessary to succeed, regardless of their status in the foster care system.
(d) With respect to federal supplemental security income benefits for which a child or youth
may qualify based on disability, it is the intent of the general assembly that:
(I) All children and youth entering the foster care system be screened for potential eligibility
for federal benefits, including federal supplemental security income;
(II) Transparency regarding how federal supplemental security income is being spent and
managed on behalf of children and youth in the foster care system be increased; and
(III) With support from the state department, county departments improve their capacity and
capitalize on community resources to apply for and manage federal supplemental security
income on behalf of children and youth in the foster care system.
(2) As used in this section, unless the context otherwise requires:
(a) "Cost of care" has the meaning set forth in section 19-1-103.
(b) "Federal supplemental security income" means benefits authorized pursuant to Title XVI
of the federal "Social Security Act", 42 U.S.C. sec. 1381 et seq.
(c) "Federal survivor benefits" means survivor benefits that are administered by the United
States social security administration, veterans benefits administration, or the railroad retirement
board and that are based on the eligibility of an insured parent.
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(d) "Interested party" means a child or youth; the child's or youth's counsel for youth; a
parent and the parent's counsel, unless parental rights have been terminated or there is a court
order restricting access; the individual with whom the child or youth is currently placed; the
guardian ad litem; or other party who may have information about the child's or youth's
eligibility for or receipt of federal survivor benefits or federal supplemental security income.
(3) (a) Beginning on or before July 1, 2027, within ninety days after a county department
assumes legal custody of or authority over a child or youth, if the county department establishes
that the child or youth has a deceased parent, the county department shall determine whether the
child or youth may be eligible to receive federal survivor benefits.
(a.5) (I) Beginning on or before July 1, 2028, if the county department is granted custody of
or authority for out-of-home placement of a child or youth who is under six years old, the county
department shall refer the child or youth to the appropriate state or local agency for
developmental screening within forty -five days after the child's or youth's out -of-home
placement. If the child or youth is six years old or older, the initial medical intake must include
an evaluation of the child's or youth's potential growth or development issues, physical or
behavioral health issues, and other factors or conditions relevant to whether the child or youth
meets the requirements for federal supplemental security income.
(II) If the county department determines that a child or youth may be eligible to receive
federal supplemental security income and the United States social security administration is
accepting applications for federal supplemental security income, the county department shall
initiate the application process pursuant to subsection (3)(d) of this section within forty -five days
after receiving:
(A) The information from a screening described in subsection (3)(a.5)(I) of this section that
the county department used to determine the child or youth may be eligible to receive federal
supplemental security income; and
(B) The documentation necessary to complete an application for federal supplemental
security income on behalf of the child or youth.
(III) When a child is enrolled in the children's habilitation residential program waiver
established pursuant to section 25.5 -6-903 (4), the county department shall apply for federal
supplemental security income on behalf of the child if an application for federal supplemental
security income has not already been submitted on the child's behalf or the child has countable
resources that exceed the threshold established by the United States social security
administration.
(b) Beginning on or before July 1, 2027, if a county department makes an initial
determination that the child or youth is not likely to be eligible for federal survivor benefits or,
beginning on or before July 1, 2028, if a county department makes an initial determination that
the child or youth is not likely to be eligible for federal supplemental security income, the county
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department shall review the case of the child or youth when the county department receives new,
relevant information, but at least annually as part of the child's or youth's annual medical exam,
to determine whether circumstances have changed to make the child or youth potentially eligible
for federal survivor benefits or federal supplemental security income.
(c) In conducting an initial benefit eligibility determination or an annual review pursuant to
this subsection (3), the county department shall consult with interested parties as necessary to
assess the child's or youth's eligibility for federal survivor benefits or federal supplemental
security income and to determine, in accordance with applicable federal law, the most likely,
appropriate representative payee or fiduciary.
(c.5) (I) The county department must document why a child or youth is not reasonably
expected to meet the eligibility criteria for federal supplemental security income if:
(A) The county department makes an initial or subsequent determination pursuant to this
subsection (3) that the child or youth is not likely to be eligible to receive federal supplemental
security income; and
(B) The county department identifies a child or youth as having a disability for the purposes
of compliance with applicable state or federal reporting requirements, including reporting
required pursuant to section 26-5-119 or 45 CFR 1355.44.
(II) If the county department makes an initial or subsequent determination pursuant to this
subsection (3) that a child or youth is likely to be eligible to receive federal supplemental
security income, the county department must identify the child or youth as having a disability for
the purposes of compliance with applicable state or federal reporting requirements, including
reporting required pursuant to section 26-5-119 or 45 CFR 1355.44.
(d) If the county department determines that the child or youth may be eligible to receive
federal survivor benefits or federal supplemental security income and that the county department
is, consistent with the preferred representative payee order of selection in federal law or rule, the
most appropriate representative payee or fiduciary, then the county department shall, in
compliance with all applicable federal rules and regulations, apply for the federal survivor
benefits or federal supplemental security income on behalf of the child or youth. If the county
department determines that the child or youth may be eligible for federal survivor benefits or
federal supplemental security income but that the county department is not the most appropriate
representative payee or fiduciary, the county department shall provide information to the
prospective representative payee or fiduciary that the county department has identified about
how to apply for federal survivor benefits or federal supplemental security income on behalf of
the child or youth and how to become the child's or youth's representative payee or fiduciary.
(e) Following a denial of federal survivor benefits or federal supplemental security income or
other adverse benefit eligibility determination, the county department shall consult with
interested parties and determine whether there are grounds to appeal. If there are grounds to
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appeal and the county department was the original applicant, the county department shall appeal
the denial or adverse determination.
(f) If a child or youth in noncertified kinship care may be eligible for federal survivor
benefits or federal supplemental security income, the county department shall provide the
noncertified kinship caregiver with information about how to apply for federal survivor benefits
or federal supplemental security income on behalf of the child or youth.
(4) If the county department becomes the representative payee or fiduciary for a child's or
youth's federal survivor benefits or federal supplemental security income, the county department
shall annually reassess, in consultation with interested parties, whether a candidate other than the
county department would be a preferable representative payee or fiduciary. If legal custody of
the child or youth is transferring from the county department to another individual, the county
department shall reassess, in consultation with interested parties, the designation of the
representative payee or fiduciary. A decision regarding the most appropriate representative payee
or fiduciary must be consistent with the preferred representative payee order of selection in
federal law or rule.
(5) (a) Beginning on or before July 1, 2027, in the case of federal survivor benefits, and
beginning on or before July 1, 2028, in the case of federal supplemental security income, if a
county department is the representative payee or fiduciary for a child or youth, the county
department shall:
(I) Not use any federal survivor benefits of a child or youth to pay for or reimburse the
county department for care or services for the child or youth, including, but not limited to, foster
care maintenance expenses as defined in the federal "Social Security Act", 42 U.S.C. sec. 675
(4)(A), and cost of care as defined in section 19-1-103.
(II) Establish and maintain, consistent with federal and state asset and resource limits, an
account for deposit of the federal survivor benefits of a child or youth. The account may be an
individual account or an approved collective account, if the representative payee maintains a
separate ledger and accounting records for each child or youth beneficiary of an approved
collective account. The contents of the account, including applicable interest or earnings, must be
saved for the individual child or youth.
(II.5) If a child or youth is receiving federal supplemental security income, document in the
state automated case management system all expenditures, including, but not limited to,
expenditures from federal supplemental security income, made on behalf of the child or youth by
need type and funding source. If the county department is the representative payee or fiduciary,
the county department must comply with federal law and rules regarding meeting with the child
or youth and interested parties to determine the child's or youth's reasonable and foreseeable
needs.
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(III) Provide an annual accounting of the accumulation of the child's or youth's federal
survivor benefits or federal supplemental security income to the child or youth and the legal
representative of the child or youth. If the child or youth receives federal supplemental security
income, the county department shall provide the child or youth and the legal representative of the
child or youth with an annual accounting of the expenditures documented pursuant to subsection
(5)(a)(II.5) of this section. County department personnel shall annually share the accounting
information with the child or youth and the legal representative of the child or youth. The annual
accounting information must include:
(A) The amount and source of federal survivor benefits or federal supplemental security
income collected by the county department and, if applicable, the amount credited to each
account maintained on behalf of the child or youth;
(B) The balance of each account maintained on behalf of the child or youth;
(C) Information regarding the child's or youth's accounts and earnings related to those
accounts, if applicable, and any additional assets and resources, including benefits, insurance,
cash assets, trust accounts, and earnings, if the assets or resources are controlled by the county
department; and
(D) For a child or youth receiving federal supplemental security income, information about
the expenditures made on behalf of the child or youth by need type and funding source.
(b) If a county department is not the representative payee or fiduciary for a child's or youth's
federal survivor benefits or federal supplemental security income, the county department is not
responsible for establishing or maintaining an account for deposit of the federal survivor benefits
or federal supplemental security income of the child or youth or providing related accounting
information pursuant to subsection (5)(a) of this section.
(c) This section does not prevent or limit a court from ordering or a county department from
voluntarily undertaking the conservation of federal survivor benefits for a child or youth or from
using, in accordance with applicable federal and state law, the federal survivor benefits for
purposes other than the cost of care.
(6) (a) The county department shall provide timely, developmentally appropriate notice to
the parties, unless prevented by a court order, of:
(I) Submission of an application for federal survivor benefits or federal supplemental
security income on behalf of a child or youth;
(II) Submission of a request for the county department to become the representative payee or
fiduciary for the child's or youth's federal survivor benefits or federal supplemental security
income and identification of the representative payee or fiduciary ultimately selected;
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(III) Receipt by the county department of a federal agency's decision regarding federal
survivor benefits or federal supplemental security income, including denial, termination, or
reduction of federal survivor benefits or federal supplemental security income;
(IV) A decision by the county department about whether or not to appeal an adverse
determination, including the outcome of any appeal filed; and
(V) The establishment of a special account or trust on behalf of the child or youth.
(b) The notice must state that interested parties may submit information relevant to the
selection of a representative payee or fiduciary for the child or youth, and that an individual may
have the right to contest the selection of a representative payee or fiduciary before the relevant
federal agency, including the social security administration or veterans administration.
(7) Once a child who is receiving federal survivor benefits leaves foster care, the county
department shall release, pursuant to the requirements of the funding source, any funds that have
accumulated in an account that the county department has established or maintains for deposit of
the federal survivor benefits of the child or youth.
(8) On or before January 1, 2027, in the case of federal survivor benefits, and beginning on
or before January 1, 2028, in the case of federal supplemental security income, the state
department, in consultation with interested stakeholders, including, but not limited to, county
departments, organizations that advocate on behalf of youth in foster care, organizations that
represent court-appointed special advocates, organizations that advocate on behalf of disability
rights, the office of respondent parents' counsel, and the office of the child's representative, shall
adopt rules consistent with applicable state and federal law for the implementation of this
section. The rules must include guidance to the county departments on:
(a) Screening processes for identifying whether a child or youth is already receiving federal
survivor benefits or may be eligible to receive federal survivor benefits and screening processes
for subsequent annual eligibility reviews;
(a.5) Screening processes for identifying whether a child or youth is already receiving
federal supplemental security income or may be eligible to receive federal supplemental security
income and screening processes for subsequent annual eligibility reviews.
(b) Best practices for consulting with the child or youth or other interested parties who may
have information about the child's or youth's receipt of or eligibility for federal survivor benefits
or federal supplemental security income;
(c) The application process for federal survivor benefits or federal supplemental security
income for each child or youth, who, pursuant to screening, is likely to be determined eligible;
(d) The process for making a determination about whether it is appropriate to challenge a
benefit denial or other adverse determination;
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(e) The process for providing information to a noncertified kinship caregiver about applying
for federal survivor benefits on behalf of a child or youth;
(f) The process for identifying, pursuant to applicable federal guidelines, an appropriate
representative payee or fiduciary for a child or youth;
(g) The process for establishing and maintaining an account for deposit and accumulation of
the federal survivor benefits of a child or youth while in the legal custody or under the legal
authority of the county department and for providing related accounting information annually;
(h) Specifications for providing required notices regarding federal survivor benefit or federal
supplemental security income applications, applications for a county department to become a
representative payee or fiduciary, receipt of decisions regarding eligibility, appeals of denials,
and establishment of accounts; and
(i) Informing a child or youth about rights and responsibilities regarding the continued
receipt of federal benefits, the sources of assistance that may be available for resolving related
problems, and the process for transferring accumulated federal survivor benefits.
(9) (a) The department of human services shall provide ongoing technical assistance and
guidance to the county departments about how the county departments:
(I) Apply for federal survivor benefits or federal supplemental security income on behalf of a
child or youth;
(II) Streamline disability screening processes to ensure that county departments accurately
identify a child or youth with a disability in accordance with state and federal reporting
requirements and eligibility requirements for state medical assistance program waivers and
federal supplemental security income;
(III) Capitalize on community resources, including benefit planners, in federal supplemental
security income application, benefit management, and planning on behalf of a child or youth;
(IV) Minimize county department risk in establishing and maintaining an account on behalf
of a child or youth pursuant to this article 7; and
(V) Address saving federal survivor benefits in the best interests of a child or youth.
(b) In providing the technical assistance and guidance required pursuant to this subsection
(9), the state department shall maximize efficiencies by coordinating staff support for both
federal survivor benefits and federal supplemental security income obtained pursuant to this
section.
Source: L. 2025: Entire section added, (HB 25-1271), ch. 262, p. 1339, § 1, effective May 28.
L. 2026: IP(1)(b), (2), (3)(b), (3)(c), (3)(d), (3)(e), (3)(f), (4), IP(5)(a), (5)(a)(III), (5)(b),
Colorado Revised Statutes 2026
Title 19 - Children's Code
-968-
(6)(a)(I), (6)(a)(II), (6)(a)(III), IP(8), (8)(b), (8)(c), (8)(h), and (9) amended and (1)(d), (3)(a.5),
(3)(c.5), (5)(a)(II.5), and (8)(a.5) added, (HB 26 -1347), ch. 275, p. 1547, § 1, effective August
12.
PART 2
YOUTH SIBLINGS IN FOSTER CARE
Editor's note: This part 2 was added with relocations in 2019. Former C.R.S. section numbers
are shown in editor's notes following those sections that were relocated.
19-7-201. Short title.
The short title of this part 2 is the "Foster Youth Siblings Bill of Rights".
Source: L. 2019: Entire part added with relocations, (HB 19 -1288), ch. 216, p. 2234, § 2,
effective August 2.
19-7-202. Legislative declaration.
(1) The general assembly finds and declares that it is beneficial for a youth placed in foster
care to be able to continue relationships with the youth's siblings, regardless of age, so that
siblings may share their strengths and association in their everyday and often common
experiences.
(2) The general assembly further finds and declares that it is the responsibility of all adults
involved in a youth's life, including but not limited to county departments, parents, foster
parents, guardians ad litem, counsel for youth, court -appointed special advocates, next of kin,
treatment providers, and others, to seek opportunities to foster those sibling relationships to
promote continuity and help to sustain family relationships.
(3) Because the number of family foster homes in Colorado is often insufficient to meet the
needs of youth, including sibling groups, it is, therefore, Colorado's goal to continue to recruit
foster families and build resources sufficient to meet this need.
Source: L. 2019: Entire part added with relocations, (HB 19 -1288), ch. 216, p. 2234, § 2,
effective August 2. L. 2022: (2) amended, (HB 22 -1038), ch. 92, p. 444, § 32, effective January
9, 2023.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-969-
Cross references: For the legislative declaration in HB 22 -1038, see section 1 of chapter 92,
Session Laws of Colorado 2022.
ANNOTATION
This section does not broaden a
juvenile court's personal jurisdiction to
include nondependent siblings of a youth
in foster care or require the siblings to
attend therapeutic visitation with the youth.
In re People in Interest of S.A., 2022 CO 27,
511 P.3d 597.
19-7-203. Foster care sibling rights.
(1) Sibling youth in foster care, except youth in the custody of the division of youth services
created pursuant to section 19 -2.5-1501 or a state hospital for persons with behavioral or mental
health disorders, have the following rights, unless they are not in the best interests of each
sibling, regardless of whether the parental rights of one or more of the foster youth's parents have
been terminated:
(a) To be placed in foster care homes with the youth's siblings, when it is in the best interests
of each sibling and when the county department locates an appropriate, capable, willing, and
available joint placement for the youth siblings, in order to sustain family relationships, pursuant
to sections 19-3-213 (1)(c), 19-3-500.2, 19-3-507 (1)(b), 19-3-508 (1)(c), 19-3-605 (2), and 19-5-
207.3 (2);
(b) To be placed in close geographical distance to the youth's siblings in order to promote
continuity in the siblings' relationship;
(c) To obtain temporary respite placements together, when possible;
(d) To be placed with foster parents, placed with potential adoptive parents, and assigned to
child welfare caseworkers who have been provided with training on the importance of sibling
relationships;
(e) To be promptly notified, as permitted pursuant to state or federal law, about changes in
sibling placement, catastrophic events, or other circumstances, including but not limited to new
placements, significant life events, and discharge from foster care;
(f) To be included in permanency planning discussions or meetings for siblings, if
appropriate;
(g) To maintain frequent and meaningful contact with the youth's siblings pursuant to section
19-7-204 (2), if placement together is not possible;
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(h) To be actively involved in each other's lives and share celebrations, if the siblings choose
to do so, including but not limited to birthdays, graduations, holidays, school and extracurricular
activities, cultural customs in the siblings' native language, and other milestones;
(i) To annually receive contact information for all siblings in foster care, which may include
a telephone number, address, social media accounts, and email address, unless a foster parent has
requested the foster parent's identifiable information not be disclosed pursuant to section 19 -1-
303 (2.7)(a), and to receive updated photos of siblings regularly by mail or email, as appropriate;
(j) To have more private or less restrictive communication with siblings as compared to
communication with others who are not siblings;
(k) To be provided with an explanation if contact with a sibling is restricted or denied, as
permitted pursuant to state or federal law;
(l) To expect that the youth's guardian ad litem advocate on behalf of the youth for frequent
family time with siblings, unless the guardian ad litem determines through the guardian ad
litem's independent investigation that the contact is not in the best interests of the youth;
(m) To have family time with siblings encouraged in any adoptive or guardianship
placement; and
(n) To receive an age -appropriate and developmentally appropriate document from the
department of human services setting forth the rights described in this section:
(I) Within thirty days of the date of any placement or any change in placement;
(II) On each occasion that a youth's case plan is modified;
(III) At each placement where the youth resides; and
(IV) On at least an annual basis.
(2) Adult siblings of youth in foster care have the right to be considered as foster care
providers, adoptive parents, and relative custodians for their siblings, if they choose to do so.
Source: L. 2019: Entire part added with relocations, (HB 19 -1288), ch. 216, p. 2235, § 2,
effective August 2. L. 2021: IP(1) amended, (SB 21 -059), ch. 136, p. 737, § 92, effective
October 1. L. 2023: (1)(l) and (1)(m) amended, (HB 23 -1027), ch. 284, p. 1686, § 25, effective
June 1.
Cross references: For the legislative declaration in HB 23 -1027, see section 1 of chapter 284,
Session Laws of Colorado 2023.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-971-
ANNOTATION
This section does not broaden a
juvenile court's personal jurisdiction to
include nondependent siblings of a youth
in foster care or require the siblings to
attend therapeutic visitation with the youth.
In re People in Interest of S.A., 2022 CO 27,
511 P.3d 597.
19-7-204. Foster care sibling family time - contact plan - rules - definition.
(1) The department of human services shall provide information on sibling contact in the
family time plan for a youth. In doing so, the department shall ask the youth about the youth's
wishes as to sibling contact.
(2) As written in the family time plan, the department shall, if it is in the best interests of
each sibling:
(a) Promote frequent contact between siblings in foster care, which may include telephone
calls, text messages, social media, video calls, and in-person family time;
(b) Clarify that sibling contact should not be limited in time or duration to periods of parental
contact;
(c) Clarify that restriction of sibling family time should not be a consequence for behavioral
problems. Family time should only be restricted if contrary to the best interests of a sibling.
(d) Ensure timing and regularly scheduled sibling family time are outlined in case plans
based on individual circumstances and needs of the youth.
(3) If a youth in foster care requests an opportunity for family time with a sibling, the county
department that has legal custody of the youth shall arrange the family time within a reasonable
amount of time and document the family time.
(4) If a youth in foster care requests an opportunity for family time with a sibling on a
regular basis, the county department that has legal custody of the youth shall arrange the family
time and ensure that the family time occurs with sufficient frequency and duration to promote
continuity in the siblings' relationship.
(5) If, in arranging sibling family time pursuant to this section, a county department
determines requested family time between the siblings would not be in the best interests of one
or both of the siblings, the county department shall deny the request, document its reasons for
making the determination, and provide the siblings with an explanation for the denial, as
permitted under state and federal law. In determining whether requested family time would be in
the best interests of one or both of the sib lings, the county department shall determine whether
Colorado Revised Statutes 2026
Title 19 - Children's Code
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there is pending in any jurisdiction a criminal action in which either of the siblings is either a
victim or a witness. If such a criminal action is pending, the county department, before arranging
any family time between the siblings, shall consult with the district attorney for the jurisdiction
in which the criminal action is pending to determine whether the requested family time may have
a detrimental effect upon the prosecution of the pending criminal action.
(6) Nothing in this section requires or permits a county department to arrange sibling family
time if such visit would violate an existing protection order in any case pending in this state or
any other state.
(7) As used in this section, "sibling" means:
(a) A biological sibling;
(b) A step-sibling or former step-sibling; or
(c) An adoptive sibling.
(8) The state board of human services, created in section 26 -1-107, may promulgate rules for
the implementation of this section.
Source: L. 2019: Entire part added with relocations, (HB 19 -1288), ch. 216, p. 2236, § 2,
effective August 2. L. 2023: (1), IP(2), (2)(a), (2)(c), (2)(d), (3), (4), (5), and (6) amended, (HB
23-1027), ch. 284, p. 1686, § 26, effective June 1.
Editor's note: This section is similar to former § 19-1-128 as it existed prior to 2019.
Cross references: For the legislative declaration in HB 23 -1027, see section 1 of chapter 284,
Session Laws of Colorado 2023.
ANNOTATION
This section does not broaden a
juvenile court's personal jurisdiction to
include nondependent siblings of a youth
in foster care or require the siblings to
attend therapeutic visitation with the youth.
In re People in Interest of S.A., 2022 CO 27,
511 P.3d 597.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-973-
PART 3
FOSTER YOUTH IN TRANSITION PROGRAM
19-7-301. Legislative declaration.
(1) The general assembly finds and declares that:
(a) Each year, for a variety of reasons, more than two hundred youth, ages eighteen to
twenty-one, exit Colorado's foster care system without an established permanent home or a
stable support network;
(b) These youth typically do not have the same safety nets, supportive adults, and support
networks as other youth their age;
(c) Many of these youth will face challenges as they search for affordable housing, pursue
higher education or training, search for employment, manage tight budgets, take care of health
needs, and more;
(d) Youth who are making the transition out of foster care into independent living face not
only the typical developmental changes and new experiences that are common to youth but also
the dramatic change from being under the county's care to being on their own, many without any
support systems to help them succeed;
(e) Additionally, many of these youth are dealing with the long-term consequences of trauma
related to their experience with abuse, neglect, removal, or overall lack of resources;
(f) The array of services and supports available to youth while they are in the foster care
system, including housing, food, health care, and caseworker support, diminish when the youth
exit the foster care system; and
(g) Available research shows that emancipating youth benefit from extended foster care
services and supports until age twenty -one, and community -based supports through early
adulthood, but for the benefits of such services and supports to last, youth in foster care need
developmentally appropriate services, including freedom to test their independence and to make
mistakes with proportional consequences and a reasonable safety net.
(2) Therefore, the general assembly declares that by establishing a voluntary transitional
foster care program, allowing youth to reenter the state's foster care system through a foster
youth in transition program, and ensuring equitable access to less restrictive supports in the
community, the state can better meet the needs of those youth who are making the transition
from foster care to successful adulthood.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2200, § 1, effective June 25.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-974-
ANNOTATION
Law reviews. For article, "House Bill 22 -
1038: Colorado Continues its History of
Expanding Children's V oice and
Representation in D&N Proceedings", see
52 Colo. Law. 34 (Apr. 2023).
19-7-302. Definitions.
As used in this part 3, unless the context otherwise requires:
(1) "Advisory board" means the foster youth successful transition to adulthood grant
program advisory board created in section 19-7-314.
(1.3) "Case management agency" means an agency that meets criteria to provide case
management services for the Colorado fostering success voucher program.
(1.7) "Colorado fostering success voucher program" or "voucher program" means the
program established pursuant to section 19-7-314.5.
(2) "County department" has the same meaning as set forth in section 19-1-103.
(3) "Emancipation transition plan" means a plan developed pursuant to section 19 -7-310 that
addresses how the youth will meet the youth's needs upon the youth's imminent emancipation
from foster care.
(4) "Evidence -based service" means a service that is eligible for reimbursement pursuant to
the federal "Family First Prevention Services Act", 42 U.S.C. sec. 672, and that is trauma -
informed, promising, supported, or well-supported.
(5) "Executive director" has the same meaning as set forth in section 19-1-103.
(6) "Foster care" has the same meaning set forth in section 19-1-103 (66).
(7) "Grant program" means the foster youth successful transition to adulthood grant program
created in section 19-7-314.
(8) "Participating youth" means a youth who voluntarily agrees to participate in the transition
program and meets the eligibility requirements set forth in section 19-7-304.
(9) "Reasonable efforts" has the same meaning as set forth in section 19-1-103 (114).
(10) "Roadmap to success" means a written description of a youth's goals, programs, and
services provided during an open case that will assist youth who are fourteen years of age or
older and in foster care to the youth's eventual transition from foster care to successful
adulthood. The document is developed collaboratively with the youth.
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(11) "Service provider" means an agency that applies for funding to provide services through
the grant program.
(12) "State department" has the same meaning as set forth in section 19-1-103.
(13) "Supervised independent living placement" means a setting in which a youth is living
independently with county department supervision. "Supervised independent living placement"
is designed to promote and lead to a youth's successful emancipation.
(14) "Transition program" or "foster youth in transition program" means the program
established pursuant to section 19 -7-303 in which an eligible youth may voluntarily opt to
continue or resume receiving child welfare services that may include but are not limited to foster
care maintenance payments.
(15) "V oluntary services agreement" means a standardized voluntary services agreement
entered into by a participating youth pursuant to section 19-7-306.
(16) "V oucher" means a voucher that provides rental assistance to a voucher recipient
through the Colorado fostering success voucher program.
(17) "V oucher recipient" means a youth who is eligible for and receiving a voucher through
the Colorado fostering success voucher program.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2201, § 1, effective June 25. L.
2023: (1.3), (1.7), (16), and (17) added, (SB 23-082), ch. 346, p. 2074, § 1, effective June 5.
19-7-303. Foster youth in transition program - established.
The foster youth in transition program is established in the state department to be implemented
in county departments throughout the state to provide extended child welfare services to eligible
youth eighteen years of age or older but less than twenty -one years of age, or such greater age of
foster care eligibility as required by federal law. Each county department shall make the
transition program available to eligible youth on a voluntary basis. The child welfare services
provided through the transition program must be client -directed and developmentally
appropriate, as set forth in a voluntary services agreement developed and entered into pursuant to
section 19 -7-306 and, when required, overseen by the juvenile court in a youth in transition
proceeding brought pursuant to this part 3. The state department is encouraged to submit, as part
of the annual budget process, a request for increased appropriations to fund the increased
caseload for the transition program.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2202, § 1, effective June 25.
Colorado Revised Statutes 2026
Title 19 - Children's Code
-976-
ANNOTATION
Law reviews. For article, "House Bill 22 -
1038: Colorado Continues its History of
Expanding Children's V oice and
Representation in D&N Proceedings", see
52 Colo. Law. 34 (Apr. 2023).
19-7-304. Eligibility and enrollment.
(1) An eligible youth is an individual who:
(a) Is at least eighteen years of age or older, but less than twenty -one years of age, or such
greater age of foster care eligibility as required by federal law;
(b) Has a current dependency and neglect case or has current or recent prior foster care or
kinship care involvement in at least one of the following ways:
(I) The youth was in foster care, as defined in section 19 -1-103, on or after the youth's
sixteenth birthday;
(II) The youth was in noncertified kinship care, as defined in section 19 -1-103, on or after
the youth's sixteenth birthday and was adjudicated dependent and neglected pursuant to article 3
of this title 19; or
(III) The youth turned eighteen years of age when the youth was a named child or youth in a
dependency and neglect case open through article 3 of this title 19;
(c) (I) Except as provided in subsection (1)(c)(II) of this section, or except as such
requirements may be waived by federal law, is engaged in, or intends to engage in, at least one of
the following:
(A) Completing secondary education or an educational program leading to an equivalent
credential;
(B) Attending an institution that provides postsecondary or career and technical education;
(C) Working part- or full-time for at least eighty hours per month; or
(D) Participating in a program or activity designed to promote employment or remove
barriers to employment.
(II) The requirement described in subsection (1)(c)(I) of this section does not apply to a
youth who is incapable of engaging in any of the activities described in subsection (1)(c)(I) of
this section as a result of a medical condition that is supported by regularly updated
documentation in the youth's case plan; and
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(d) Seeks to enter into or has entered into and is substantially fulfilling the youth's
obligations pursuant to a voluntary services agreement with the appropriate county department.
(2) An individual who is no longer under the jurisdiction of the juvenile court and believes
he or she may be an eligible youth may request to participate in the transition program by
making a request to the county department where the youth self -attests that the youth resides.
The youth shall provide documentation of the youth's legal name and date of birth, if available. If
the youth does not have such documentation, the youth may attest to the youth's legal name and
date of birth. The youth shall provide current contact information.
(3) The county department shall determine whether a youth is eligible within three business
days of the youth's request and, if so, explain the transition program and provide the voluntary
services agreement to the eligible youth. Within three business days of an eligible youth's
decision to enter the program, the county department shall prepare and execute, in collaboration
with the eligible youth, a voluntary services agreement, as described in section 19-7-306; provide
a copy of the voluntary services agreement to the eligible youth; and, within ninety days of a
voluntary services agreement remaining in effect, file a petition with the juvenile court pursuant
to section 19 -7-307 that includes the voluntary services agreement. If the county department
determines that the youth is not eligible, the county department shall notify the youth of the
county department's determination, the reasons for such determination, how to appeal a denial of
eligibility, and provide contact information for the office of the child's representative.
(4) An eligible youth may voluntarily participate in the transition program for any length of
time until the last day of the month of the individual's twenty -first birthday, or such greater age
of foster care eligibility as required by federal law.
(5) A participating youth retains all the rights and responsibilities the individual would
normally have, including but not limited to consenting to the youth's own medical care; entering
into contracts, including but not limited to leasing contracts, employment contracts, and contracts
for purchase; and obtaining and maintaining accounts with financial institutions.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2203, § 1, effective June 25. L.
2022: (1)(b) amended, (HB 22 -1245), ch. 88, p. 419, § 6, effective August 10. L. 2024:
(1)(c)(I)(B) amended, (HB 24-1450), ch. 490, p. 3412, § 30, effective August 7.
ANNOTATION
Law reviews. For article, "House Bill 22 -
1038: Colorado Continues its History of
Expanding Children's V oice and
Representation in D&N Proceedings", see
52 Colo. Law. 34 (Apr. 2023).
Colorado Revised Statutes 2026
Title 19 - Children's Code
-978-
19-7-305. Available services and supports.
(1) Each county department shall offer, at a minimum, the following services and supports to
participating youth in the transition program:
(a) Assistance with enrolling in the appropriate category of medicaid for which the
participating youth is eligible;
(b) Assistance with securing safe, affordable, and stable housing in the following ways:
(I) The participating youth's living expenses are fully or partially funded through foster care
maintenance payments, in addition to any other housing assistance the youth is eligible to
receive. Any expectations for the youth to contribute to the youth's own expenses must be based
upon the youth's ability to pay.
(II) With the participating youth's consent, the participating youth's housing may be in any
placement approved by the county department or the court for which the participating youth is
otherwise eligible, including a host home, as defined in section 26 -5.7-110, or a supervised
independent living placement that is the least restrictive option to meet the participating youth's
needs; or
(III) If the participating youth needs placement in a qualified residential treatment program,
then such placement must follow all relevant procedures pursuant to section 19-1-115 concerning
the placement of a child or youth in a qualified residential treatment program.
(c) Case management services, including the development of a case plan with a roadmap to
success for the participating youth, as well as assistance in the following areas, as appropriate,
and with the agreement of the participating youth:
(I) Provision of resources to assist the participating youth in the transition to adulthood;
(II) Obtaining employment or other financial support and enhancing financial literacy;
(III) Obtaining a driver's license or other government-issued identification card;
(IV) Obtaining appropriate community resources and public benefits, including applying for
federal benefits as defined in section 19-7-105, conserving or managing federal benefits obtained
pursuant to section 19-7-105, or obtaining related financial literacy training;
(V) Upon request, and if services are available, referral to services satisfying any juvenile or
criminal justice system requirements and assisting with expunging the participating youth's court
records, as appropriate, pursuant to section 19-1-306;
(VI) Pursuing educational goals and applying for financial aid, if necessary;
(VII) Upon request, and if services are available, referral to services for obtaining the
necessary state court findings and applying for special immigrant juvenile status pursuant to
Colorado Revised Statutes 2026
Title 19 - Children's Code
-979-
federal law, as applicable, or applying for other immigration relief for which the participating
youth may be qualified;
(VIII) Obtaining copies of health and education records;
(IX) Maintaining and building relationships with individuals who are important to the
participating youth, including searching for individuals with whom the participating youth has
lost contact; and
(X) Accessing information about maternal and paternal relatives, including any siblings.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2204, § 1, effective June 25. L.
2022: (1)(b) amended, (HB 22-1245), ch. 88, p. 419, § 7, effective August 10. L. 2024: (1)(b)(II)
amended, (SB 24-191), ch. 221, p. 1384, § 2, effective August 7. L. 2025: (1)(c)(IV) amended,
(HB 25-1271), ch. 262, p. 1344, § 2, effective May 28.
19-7-306. Voluntary services agreement.
(1) A voluntary services agreement entered into pursuant to this part 3 is a binding
standardized agreement, written in a client -driven and developmentally appropriate manner,
between the county department and a participating youth. The agreement specifies the terms of
the youth's participation in the transition program, including, at a minimum:
(a) The participating youth's retention of all rights and responsibilities the youth would
otherwise have, as described in section 19-7-304 (5);
(a.5) Establishing the legal authority for placement with the county department;
(b) The participating youth's rights and obligations while the agreement is in effect,
including the right to counsel. Upon entering into a voluntary services agreement with an eligible
youth, the county department shall make a referral in writing to the office of the child's
representative and provide the youth with the contact information for the office of the child's
representative. Nothing in this section limits the power of the court to appoint counsel or the
power of the office of the child's representative to assign counsel prior to the filing of a petition.
(c) A statement concerning the voluntary nature of the transition program and the
participating youth's right to terminate the agreement at any time and the procedures for such
termination and the right to begin receiving services again, if needed, up to the youth's twenty -
first birthday, or such greater age of foster care eligibility as required by federal law;
(d) The county department's rights and obligations while the agreement is in effect;
Colorado Revised Statutes 2026
Title 19 - Children's Code
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(e) The services that will be available to the participating youth through the transition
program, as specified in the roadmap to success; and
(f) The circumstances under which a county department may request that the court terminate
the agreement and the court's jurisdiction over the objection of the participating youth.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2206, § 1, effective June 25. L.
2022: (1)(a) amended and (1)(a.5) added, (HB 22-1245), ch. 88, p. 420, § 8, effective August 10.
19-7-307. Petition - form and content.
(1) A youth or a participating youth may file a petition on the youth's own behalf at any time.
Or, if such a petition has not yet been filed and a voluntary services agreement remains in effect
after ninety days, a county department shall file a petition with the court initiating a proceeding
pursuant to this part 3 titled "The people of the state of Colorado, in the matter of _____, a youth
in transition". The petition must be verified and the statements may be made upon information
and belief.
(1.5) For a youth who is entering the foster youth in transition program directly from a case
through this title 19, at the youth's option, the petition must be filed in either the county where
the youth self-attests to reside or a county that is currently serving the eligible youth. For a youth
who does not have a current case pursuant to this title 19, the petition must be filed in the county
where the youth self-attests to reside.
(2) The petition must plainly set forth the facts that bring the participating youth under the
court's jurisdiction. The petition must also state the participating youth's name, age, and why
venue in this court is proper pursuant to subsection (1.5) of this section. The petition must state
that the youth is voluntarily entering foster care and one of the following, whichever is
applicable:
(a) The youth was removed from home prior to the youth reaching eighteen years of age
pursuant to a judicial determination that it was contrary to the youth's welfare to remain in the
home, that reasonable efforts were made to keep the youth in the home, and that because the
youth has remained in foster care continuously, a new court-ordered removal is not required; or
(b) Reasonable efforts to prevent removal were not required because a youth who is eighteen
years of age or older may enter into the voluntary services agreement on the youth's own behalf.
(3) Repealed.
(4) Each petition filed for a foster youth in transition pursuant to this part 3 must include the
following statements:
Colorado Revised Statutes 2026
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(a) That the participating youth retains all the adult rights and responsibilities that the
participating youth would otherwise have, as described in section 19-7-304 (5); and
(b) That by consenting to the facts set forth in the petition and the jurisdiction of the court,
the participating youth may be required to attend court at least once every six months pursuant to
section 19-3-702. The participating youth may request that the case be dismissed at any time,
forgoing the benefits and obligations of the transition program.
(5) In addition to providing notice to the participating youth, the court shall ensure that
notice of all hearings and reviews held regarding the participating youth is provided to licensed
foster parents with whom a participating youth is placed, not including adults with whom a
participating youth lives through a supervised independent living placement. Licensed foster
parents have the right to be heard at such hearings and reviews but must not be made a party to
the action solely on the basis of notice and the right to be heard.
(6) The petition must be accompanied by a copy of the voluntary services agreement
executed pursuant to section 19 -7-306; except that when the youth files the petition on the
youth's own behalf, the voluntary services agreement need only be executed by the youth and
does not require a signature by the county department at the time the petition is filed. For a
participating youth entering the transition program directly from an open case pursuant to article
3 of this title 19, the petition must also include a current copy of the participating youth's
roadmap to success.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2206, § 1, effective June 25. L.
2022: (1.5) added, (2) and (6) amended, and (3) repealed, (HB 22 -1245), ch. 88, p. 420, § 9,
effective August 10.
19-7-308. Right to counsel - guardian ad litem - representation of petitioner.
(1) A participating youth has a right to counsel. If the youth accepts the publicly provided
counsel, counsel must be assigned by the office of the child's representative or approved by the
court from a list of attorneys appointed by the office of the child's representative. The office of
the child's representative shall develop practice standards and guidelines for representing
participating youth in proceedings brought pursuant to this part 3.
(2) When a court determines a guardian ad litem is necessary for a participating youth due to
the youth's diminished capacity, the court shall appoint a guardian ad litem from the list of
attorneys approved by the office of the child's representative. The court shall not deem a
guardian ad litem to be a substitute for counsel for youth.
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(3) In all proceedings brought pursuant to this part 3, the county department must be
represented by a county attorney, a special county attorney, or an attorney of a city or city and
county.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2207, § 1, effective June 25. L.
2022: (2) amended, (HB 22-1245), ch. 88, p. 421, § 10, effective August 10.
ANNOTATION
Law reviews. For article, "House Bill 22 -
1038: Colorado Continues its History of
Expanding Children's V oice and
Representation in D&N Proceedings", see
52 Colo. Law. 34 (Apr. 2023).
19-7-309. Supervised independent living placements - background checks not required.
A county department is not required to conduct background checks for other residents of a
supervised independent living placement as a condition of approving a participating youth's
independent living setting.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2208, § 1, effective June 25.
19-7-309.5. Initial hearings.
(1) The court shall set the matter for an initial hearing within fifty -six days of receipt of a
petition filed pursuant to this section, and the court shall appoint counsel for youth for the
petitioning youth. If the office of the child's representative has already assigned counsel, the
court shall appoint the same attorney.
(2) At the initial hearing, the court shall advise the youth that:
(a) Services provided through the transition program are voluntary for the youth, and the
youth may remain in the transition program until the last day of the month in which the youth
turns twenty-one years of age, or such greater age of foster care eligibility as required by federal
law, so long as the youth meets all other program eligibility requirements pursuant to section 19 -
7-304;
(b) If the youth chooses to leave the transition program but later decides support is needed,
the youth has the right to begin receiving child welfare services again through the transition
program; and
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(c) The youth has the right to counsel.
(3) At the initial hearing, the court shall determine:
(a) Whether the youth has voluntarily entered foster care and that the county department has
legal authority for placement;
(b) Whether it is in the best interest of the youth to be voluntarily placed in foster care; and
(c) If one of the following applies:
(I) The youth was removed from home prior to the youth reaching eighteen years of age
pursuant to a judicial determination that it was contrary to the youth's welfare to remain in the
home, that reasonable efforts were made to keep the youth in the home, and that because the
youth has remained in foster care continuously, a new court-ordered removal is not required; or
(II) Reasonable efforts to prevent removal were not required because a youth who is eighteen
years of age or older may enter into the voluntary services agreement on the youth's own behalf.
(4) If the court determines that the requirements of subsection (3) of this section are met, the
court shall follow procedures for a periodic review hearing as described in section 19 -7-312, as
applicable.
(5) (a) When a youth has been adjudicated dependent and neglected pursuant to section 19-3-
102, or when there is sufficient evidence that the youth has been subjected to child abuse or
neglect, as defined in section 19 -1-103 (1), the court shall enter a finding that the youth is
dependent on the court, as defined in section 19 -1-103 (53.5). The court may enter special
findings establishing the youth's eligibility for designation as a special immigrant juvenile
pursuant to federal law, including:
(I) Declaring the youth dependent;
(II) Determining that reunification of the youth 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 (5)(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 youth to be returned to the youth'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.
Source: L. 2022: Entire section added, (HB 22 -1245), ch. 88, p. 421, § 11, effective August
10. L. 2024: (5) amended, (SB 24-119), ch. 33, p. 104, § 6, effective August 7.
Colorado Revised Statutes 2026
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19-7-310. Emancipation discharge hearings - emancipation transition plan.
(1) At the direction of a participating youth, with assistance and support from a county
department, an emancipation transition plan that is personalized for the participating youth must
be developed and finalized no more than ninety days prior to the participating youth's
emancipation discharge hearing. The emancipation transition plan includes specific options
concerning housing, health insurance, education, local opportunities for mentors and continuing
support services, and workforce supports and employment services. The emancipation transition
plan must also include information concerning the importance of designating another individual
to make health-care treatment decisions on the participating youth's behalf if the youth becomes
unable to participate in such decisions and the participating youth does not have, or does not
want, a relative or legal guardian who would otherwise be authorized to make such decisions.
The emancipation transition plan must provide the participating youth with the option to execute
a health-care power of attorney and include details at the participating youth's discretion.
(2) If a participating youth remains in the transition program until the participating youth
turns twenty-one years of age, or such greater age of foster care eligibility as required by federal
law, at least ninety days prior to the participating youth's last day of eligibility for the transition
program, the county department shall provide the participating youth with:
(a) A clear and developmentally appropriate written notice of the date that the participating
youth's voluntary services agreement will terminate;
(b) Repealed.
(c) Information about and contact information for community resources that may benefit the
participating youth, specifically including information regarding programs that have been
established pursuant to section 19 -7-314 or to federal law that provide transitional foster care
assistance to young adults.
(3) Prior to a participating youth's emancipation, the court shall:
(a) Review the participating youth's emancipation transition plan and consult with the
participating youth on the participating youth's readiness;
(b) Determine whether the county department has made reasonable efforts toward the
participating youth's permanency goals and to prepare the participating youth for a successful
transition to adulthood;
(c) Determine whether the participating youth has been provided with all necessary records
and documents as described in subsection (4)(b) of this section;
(d) Determine whether the participating youth has been enrolled in medicaid and advise the
participating youth on the participating youth's eligibility for former foster care medicaid up to
the participating youth's twenty-sixth birthday pursuant to section 25.5-5-101 (1)(e); and
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(e) Advise the participating youth that if the youth chooses to emancipate but later decides
support is needed, the youth has the right to begin receiving child welfare services again through
the foster youth in transition program, created in section 19 -7-303, until the youth's twenty -first
birthday, or such greater age of foster care eligibility as required by federal law; and advise the
youth of the necessity of keeping the participating youth's contact information up to date with the
department of health care policy and financing or the appropriate county department.
(4) At least seven days prior to a participating youth's emancipation discharge hearing, the
county department shall file a report with the court that includes:
(a) A description of the county department's reasonable efforts toward achieving the
participating youth's permanency goals and a successful transition to adulthood;
(b) An affirmation that the county department has provided the participating youth with all
necessary records and documents, including copies of all documents listed in section 19 -3-702
(4)(d), health records, education records, and written information concerning the participating
youth's family history and contact information for siblings, if appropriate; and
(c) A copy of the participating youth's emancipation transition plan, finalized no more than
ninety days prior to the participating youth's emancipation discharge hearing.
(5) With the participating youth's consent, the court may continue the emancipation
discharge hearing for up to one hundred nineteen days, but not past the last day of the month in
which the participating youth turns twenty -one years of age, or such greater age of foster care
eligibility as required by federal law. The continuance must be to allow time to improve the
participating youth's emancipation transition plan, gather necessary documents and records for
the participating youth, or any other reason necessary to allow for the participating youth to have
a successful transition to adulthood.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2208, § 1, effective June 25. L.
2022: (2)(b) repealed, (HB 22-1245), ch. 88, p. 422, § 12, effective August 10.
19-7-311. Permanency planning hearings - notice to parents.
A permanency planning hearing must be held for a participating youth under the court's
jurisdiction pursuant to this part 3 in the same manner as provided in section 19 -3-702; except
that permanency hearings need only be held at least every twelve months. The youth's parent or
parents are not parties in proceedings pursuant to this article 7 and therefore do not require notice
of such hearings.
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Title 19 - Children's Code
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Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2210, § 1, effective June 25. L.
2022: Entire section amended, (HB 22-1245), ch. 88, p. 423, § 13, effective August 10.
19-7-312. Periodic reviews.
(1) The court shall hold a periodic review hearing for each participating youth at least once
every six months. A review hearing not coinciding with a permanency hearing may be held on
the court's administrative docket by written report upon agreement of the parties. The review
hearing and permanency hearing must be held together in the same hearing when possible.
(2) The primary purpose of the review hearing is to ensure that the transition program is
providing the participating youth with the necessary services and supports to help the
participating youth move toward permanency and a successful transition to adulthood.
(3) Prior to a periodic review held pursuant to this section, the county department shall file a
report with the court that includes:
(a) A copy of the participating youth's roadmap to success;
(b) A statement of the participating youth's progress on the participating youth's goals and
whether the participating youth is meeting the participating youth's obligations pursuant to the
voluntary services agreement, including any required activities;
(c) A statement of the county department's reasonable efforts to support the participating
youth in meeting the participating youth's goals; and
(d) A statement of any barriers to the participating youth in meeting the participating youth's
goals and any plans to address such barriers.
(4) The court may order the county department to provide additional services and supports to
help the participating youth achieve the goals outlined on the participating youth's roadmap to
success or comply with state or federal law.
(5) If the court finds the participating youth is not substantially fulfilling the participating
youth's obligations pursuant to the voluntary services agreement, the court may enter orders for
the participating youth to follow in order to continue to be eligible for the transition program.
(6) The court shall conduct a periodic review hearing in a manner that seeks the participating
youth's meaningful participation, including offering remote options for participation to
accommodate the participating youth's work, school, or treatment commitments.
(7) During the periodic review hearing, the court shall find whether:
(a) The county department made reasonable efforts to implement the participating youth's
case plan, including the participating youth's roadmap to success; and
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(b) The participating youth continues to need foster care and whether such placement is the
least restrictive to meet the participating youth's needs.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2210, § 1, effective June 25.
19-7-313. Continuing jurisdiction.
(1) The court has continuing jurisdiction over the participating youth until any of the
following occurs:
(a) The participating youth moves the court, at any time, to withdraw the youth's
participation in the transition program and to terminate the court's jurisdiction. The court shall
hold an emancipation discharge hearing within thirty -five days after receipt of the participating
youth's motion to review the participating youth's emancipation transition plan and advise the
participating youth as provided in section 19-7-310.
(b) A county department moves the court at least ninety days prior to a participating youth's
twenty-first birthday, or such greater age of foster care eligibility as required by federal law, to
request an emancipation discharge hearing be held prior to the last day of the month in which the
participating youth turns twenty -one years of age. The court shall hold an emancipation
discharge hearing to review the participating youth's emancipation transition plan and advise the
participating youth as provided in section 19-7-310.
(c) A county department moves the court to terminate a participating youth's voluntary
services agreement and the court's jurisdiction because the participating youth no longer meets
the eligibility requirements described in section 19 -7-304 for the transition program. The county
department shall include in the motion its efforts to reengage the participating youth, including:
(I) The provision of written notice to the participating youth in a clear and developmentally
appropriate manner that informs the participating youth of the county department's intent to
request that the court terminate the participating youth's voluntary services agreement with an
explanation of the reasons; and
(II) Documentation of the county department's reasonable efforts to meet in person with the
participating youth to explain the information in the written termination notice and to assist the
participating youth in reestablishing eligibility if the participating youth wishes to continue to
participate in the transition program.
(2) The court shall hold the emancipation discharge hearing pursuant to subsection (1)(c) of
this section at least thirty -five days after receipt of the county department's motion to determine
whether the participating youth still meets the eligibility requirements for the transition program,
including substantially fulfilling the participating youth's obligations set forth in the participating
Colorado Revised Statutes 2026
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youth's voluntary services agreement. If the participating youth no longer meets the requirements
of the transition program and the county department has made reasonable but unsuccessful
efforts to reengage the participating youth, then the court shall hold an emancipation discharge
hearing to review the participating youth's emancipation transition plan and advise the
participating youth as provided in section 19 -7-310. The court may accomplish all of these
elements in the same emancipation discharge hearing if all of the necessary information has been
filed in a timely fashion.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2211, § 1, effective June 25. L.
2022: (2) amended, (HB 22-1245), ch. 88, p. 423, § 14, effective August 10.
19-7-314. Foster youth successful transition to adulthood grant program - creation -
standards - application - fund - advisory board - duties.
(1) (a) The foster youth successful transition to adulthood grant program is created within the
state department. The purpose of the grant program is to create and administer programs that
support eligible youth in making a successful transition to adulthood and provide case
management services for voucher recipients as described in section 19-7-314.5.
(b) The state department shall ensure that services are available to eligible youth throughout
Colorado and, in order to do so, administer a merit -based application process to select service
providers as follows:
(I) An application from a county department must receive preference over applications from
other types of entities; and
(II) An application for a proposed program must receive preference if it includes the
provision of evidence-based services.
(c) Youth who meet the following criteria are eligible for services from a program that has
received a grant from the grant program:
(I) The youth is eighteen years of age or older but less than twenty -three years of age, or the
upper age limit established in the federal "Social Security Act", 42 U.S.C. sec. 677 (a),
whichever is greater;
(II) The youth was in foster care or adjudicated dependent and neglected on or after the
youth's fourteenth birthday; and
(III) The youth voluntarily agrees to participate in the program that is receiving a grant from
the grant program.
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(2) There is created in the state treasury the Colorado foster youth successful transition to
adulthood grant program fund, referred to in this section as the "fund". The fund consists of any
money that the general assembly may appropriate to the fund. Money in the fund is subject to
annual appropriation by the general assembly to the state department for the purpose of
providing grants pursuant to this section and for the direct and indirect costs associated with the
implementation of this section. Any money in the fund not expended for the purpose of this
section may be invested by the state treasurer as provided by law. All interest and income derived
from the investment and deposit of money in the fund must be credited to the fund. Any
unexpended and unencumbered money remaining in the fund at the end of a state fiscal year
must remain in the fund and available for expenditure by the state department in the next fiscal
year without further appropriation.
(3) (a) The state department shall convene an advisory board, which shall meet at least two
times per year, to review the grant program and provide recommendations to the state department
including the following items:
(I) Implementation of the grant program;
(II) Funding models and allocation methodologies, including consultation with the advisory
board before the state department allocates funding received through the federal "John H. Chafee
Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec. 677, for the grant
program;
(III) Content for grant program applications; and
(IV) Scoring methodology for grant program application review.
(b) The executive director shall appoint members of the advisory board for two -year terms.
The board must include:
(I) Two directors of county departments of human or social services, or their designees;
(II) Two directors of runaway homeless youth providers, or their designees;
(III) One staff member from the state department with administrative responsibility for
programming funded through the federal "John H. Chafee Foster Care Program for Successful
Transition to Adulthood", 42 U.S.C. sec. 677;
(IV) The managing director of the Colorado workforce development council, or the director's
designee;
(V) The executive director of the department of higher education or the director's designee;
and
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(VI) Two youth who have previously participated in the transition program or the federal
"John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec.
677.
(c) The advisory board shall have its first meeting on or before October 1, 2022.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2212, § 1, effective June 25. L.
2023: (1)(a) amended, (SB 23-082), ch. 346, p. 2074, § 2, effective June 5.
19-7-314.5. Colorado fostering success voucher program - established - eligibility -
administration - availability, standards, and services.
(1) The Colorado fostering success voucher program is established in the state department.
The purpose of the voucher program is to provide vouchers to voucher recipients and provide
developmentally appropriate case management for voucher recipients who are eligible for the
voucher program.
(2) (a) To be eligible to provide services through the voucher program, a case management
agency must:
(I) Be a current recipient of a grant from the foster youth successful transition to adulthood
grant program created in section 19-7-314; or
(II) Be currently operating a program through funding received pursuant to the federal "John
H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. 677 (a).
(b) To be eligible for services through the voucher program, a voucher recipient must:
(I) Be at least eighteen years of age or older but less than twenty-six years of age;
(II) Have prior foster care or kinship care involvement in at least one of the following ways:
(A) Have been in foster care, as defined in section 19 -1-103, on or after the youth's
fourteenth birthday;
(B) Have been in noncertified kinship care, as defined in section 19 -1-103, on or after the
youth's fourteenth birthday and have been adjudicated dependent and neglected pursuant to
article 3 of this title 19; or
(C) Have turned eighteen years of age when the youth was a named child or youth in a
dependency and neglect case pursuant to article 3 of this title 19;
Colorado Revised Statutes 2026
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(III) Be currently experiencing homelessness or be at imminent risk of homelessness and
have voluntarily agreed to participate in services offered and provided by a case management
agency;
(IV) Reside in Colorado; and
(V) Have income that does not exceed a level determined by the state department of local
affairs policies and procedures pursuant to subsection (3) of this section.
(3) The state department of human services and the state department of local affairs shall
develop a joint implementation plan that delegates administrative responsibilities as follows:
(a) The state department of local affairs is responsible for the issuance of voucher payments
to landlords, the maintenance of annual income verification, and the review of policies
developed by the state department of human services to ensure compliance with all applicable
fair housing laws;
(b) The state department of human services is responsible for establishing case management
standards, the allocation of vouchers to eligible recipients, and the oversight of voucher selection
plans; and
(c) Case management agencies are responsible for case management activities and services
for voucher recipients.
(4) Availability, standards, and services for the Colorado fostering success voucher program
include, but are not limited to, the following requirements:
(a) A voucher may be used at a dwelling that meets housing quality standards policies and
procedures established by the state department of local affairs;
(b) The amount of financial assistance for each voucher must align with standards
established by the state department of local affairs but may be increased on an individual basis if
housing is not available in the county served by the case management agency that meets the cost
standards. The state department of human services shall approve any variance from the standards
set annually by the state department of local affairs.
(c) A youth who receives a voucher is required to contribute to the cost of housing, but that
amount must not be more than thirty percent of the youth's income;
(d) A youth who receives a voucher is required to participate in case management services
provided by the case management agency;
(e) A case management agency shall make case management available, as funding permits, to
youth receiving federal housing choice vouchers and who are otherwise eligible for a voucher;
(f) A case management agency shall meet the minimum case management standards
established by the state department of human services;
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(g) A youth with prior adjudications in the juvenile court is eligible for a voucher; and
(h) A case management agency shall make reasonable efforts to engage a youth in case
management activities and to support the youth into coming into compliance with voucher
requirements prior to terminating the voucher or case management services.
Source: L. 2023: Entire section added, (SB 23-082), ch. 346, p. 2075, § 3, effective June 5.
19-7-315. Rules.
The state department shall promulgate rules for the implementation of this part 3, including,
but not limited to, rules concerning eligibility determinations, administrative appeals of
eligibility determinations, enrollment into the transition program, emancipation transition plans
and roadmaps to success, expedited procedures for securing temporary shelter for youth who are
currently homeless or at imminent risk of homelessness, and the Colorado fostering success
voucher program.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2214, § 1, effective June 25. L.
2023: Entire section amended, (SB 23-082), ch. 346, p. 2077, § 4, effective June 5.