C.R.S. Section 19-1-104
Jurisdiction


(1)

Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings:

(a)

Concerning any child committing a delinquent act, as defined in section 19-2.5-102;

(b)

Concerning any child who is neglected or dependent, as set forth in section 19-3-102;

(c)

To determine the legal custody of any child or to appoint a guardian of the person or legal custodian of any child who comes within the juvenile court’s jurisdiction under provisions of this section, and may also enter findings and orders as described in section 14-10-123 (1.5) and section 15-14-204 (2.5);

(d)

To terminate the legal parent-child relationship;

(e)

For the issuance of orders of support under article 6 of this title;

(f)

To determine the parentage of a child and to make an order of support in connection therewith;

(g)

For the adoption of a person of any age;

(h)

For judicial consent to the marriage, employment, or enlistment of a child, when such consent is required by law;

(i)

For the treatment or commitment pursuant to article 23 of title 17 and part 2 of article 10 of title 25.5 of a child who has a behavioral or mental health disorder or an intellectual and developmental disability and who comes within the court’s jurisdiction under other provisions of this section;

(j)

Under the interstate compact on juveniles, part 7 of article 60 of title 24, C.R.S.;

(k)

To make a determination concerning a petition filed pursuant to the “School Attendance Law of 1963”, article 33 of title 22, C.R.S., and to enforce any lawful order of court made thereunder;

(l)

To make a determination concerning a petition for review of need for placement in accordance with the provisions of section 19-1-115 (8);

(m)

To decide the appeal of any child found to be in contempt of a municipal court located within the jurisdiction of the juvenile court, if confinement of the child is ordered by the municipal court;

(n)

Concerning any youth who is voluntarily participating in the foster youth in transition program established in section 19-7-303.

(1.5)

A juvenile court exercising jurisdiction pursuant to subsection (1)(a), (1)(b), (1)(c), (1)(f), or (1)(g) of this section may enter findings establishing eligibility for classification as a special immigrant juvenile under federal law.

(2)

Except as otherwise provided by law, the juvenile court shall have jurisdiction in proceedings concerning any adult who abuses, ill-treats, neglects, or abandons a child who comes within the court’s jurisdiction under other provisions of this section.

(3)

Intentionally left blank —Ed.

(a)

Upon hearing after prior notice to the child’s parent, guardian, or legal custodian, the court may issue temporary orders providing for legal custody, protection, support, medical evaluation or medical treatment, surgical treatment, psychological evaluation or psychological treatment, or dental treatment as it deems in the best interest of any child concerning whom a petition has been filed prior to adjudication or disposition of his case.

(b)

Notwithstanding the provisions of paragraph (a) of this subsection (3), the court may, on the basis of a report that a child’s welfare may be endangered, and if the court believes that a medical evaluation or emergency medical or surgical treatment is reasonably necessary, issue ex parte emergency orders. Where the need for a medical evaluation or medical or surgical emergency orders arises and the court is not in regular session, the judge or magistrate may give oral or telephone authorization for the necessary medical evaluation or emergency medical, surgical, or hospital care, which authorization shall have the same force and effect as if written, the same to be followed by a written order to enter on the first regular court day thereafter. Such written order shall make specific findings of fact that such emergency existed. Prior to the entry of any emergency order, reasonable effort shall be made to notify the parents, guardian, or other legal custodian for the purpose of gaining consent for such care; except that, if such consent cannot be secured and the child’s welfare so requires, the court may authorize needed medical evaluation or emergency medical, surgical, or hospital care. Such ex parte emergency orders shall expire twenty-four hours after issuance; except that, at any time during such twenty-four-hour period, the parents, guardian, or other legal custodian may apply for a hearing to set aside the ex parte emergency order.

(4)

Nothing in this section shall deprive the district court of jurisdiction to appoint a guardian for a child nor of jurisdiction to determine the legal custody of a child upon writ of habeas corpus or when the question of legal custody is incidental to the determination of a cause in the district court; except that:

(a)

If a petition involving the same child is pending in juvenile court or if continuing jurisdiction has been previously acquired by the juvenile court, the district court shall certify the question of legal custody to the juvenile court; and

(b)

The district court at any time may request the juvenile court to make recommendations pertaining to guardianship or legal custody.

(5)

Where a custody award or an order allocating parental responsibilities with respect to a child has been made in a district court in a dissolution of marriage action or another proceeding and the jurisdiction of the district court in the case is continuing, the juvenile court may take jurisdiction in a case involving the same child if the child comes within the jurisdiction of the juvenile court. The juvenile court shall provide notice in compliance with the Colorado rules of civil procedure; except that service must be effected not less than seven business days prior to the hearing. The notice must be written in clear language stating that the hearing concerns the allocation of parental responsibilities. When creating or modifying an existing order, the juvenile court shall proceed as set forth in subsection (6) of this section for a dependency and neglect proceeding pursuant to article 3 of this title 19, or as set forth in subsection (8) of this section for a juvenile delinquency case pursuant to article 2.5 of this title 19.

(6)

Intentionally left blank —Ed.

(a)

When a district court in this state does not have continuing jurisdiction over a child custody proceeding concerning the child, or a juvenile court in this state maintains jurisdiction pursuant to subsection (5) of this section and the “Uniform Child-custody Jurisdiction and Enforcement Act”, article 13 of title 14, the juvenile court has jurisdiction to enter a permanent order allocating parental responsibilities and addressing parenting time and child support matters upon the petition of a party if:

(I)

All parents, legal guardians, and legal custodians have an adjudication pursuant to section 19-3-505 (7) or continued adjudication pursuant to section 19-3-505 (5) entered by a court; or

(II)

At least one parent, legal guardian, or legal custodian has an adjudication pursuant to section 19-3-505 (7) or continued adjudication pursuant to section 19-3-505 (5) and other parents, legal guardians, or legal custodians who do not have an adjudication or continued adjudication consent to jurisdiction.

(b)

The parent or person other than a parent with whom the child resides the majority of the time pursuant to the juvenile court’s order shall file a certified copy of the order in the district court in the county where the child is permanently resident. Such order must be treated in the district court as any other decree issued in a proceeding concerning the allocation of parental responsibilities.

(7)

Upon motion of the city or county attorney, guardian ad litem, counsel for youth, or respondent parent counsel, the district or the juvenile court has jurisdiction to enter a civil protection order pursuant to article 14 of title 13 in actions brought pursuant to article 3 of this title 19 or part 3 of article 7 of this title 19. The court shall use the standardized forms developed by the judicial department pursuant to section 13-1-136 and shall follow the standards and procedures for the issuance of civil protection orders set forth in article 14 of title 13, including but not limited to personal service upon the restrained person. Once issued, the clerk of the issuing court shall enter the civil protection order into the computerized central registry of protection orders created pursuant to section 18-6-803.7. If the person who is the subject of the civil protection order has not been personally served pursuant to section 13-14-107 (3), a peace officer responding to a call for assistance shall serve a copy of the civil protection order on the person who is subject to the order. If the civil protection order is made permanent pursuant to the provisions of section 13-14-106, the civil protection order remains in effect upon termination of the juvenile court action. The clerk of the court issuing the order shall file a certified copy of the permanent civil protection order into an existing case in the district court, if applicable, or with the county court in the county where the protected party resides. Civil protection orders issued by the district or the juvenile court pursuant to article 14 of title 13 have the same force and effect as protection orders issued pursuant to article 14 of title 13 by a court with concurrent jurisdiction.

(8)

Intentionally left blank —Ed.

(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: Section 19-1-104 — Jurisdiction, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑1‑101
Short title
19‑1‑102
Legislative declaration
19‑1‑103
Definitions
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 - reports
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
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
19‑1‑117.7
Requests for placement - legal custody by grandparents
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”
19‑1‑127
Responsibility for placement and care
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
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-appointed special advocate fund - definitions
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
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
Green check means up to date. Up to date

Current through Fall 2024

§ 19-1-104’s source at colorado​.gov