C.R.S. Section 19-3-202
Right to counsel and jury trial

(1)

[Editor’s note:
This version of subsection (1) is effective until January 1, 2024.]
At the first appearance of a respondent parent, guardian, or legal custodian, the court shall fully advise the respondent of his or her 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, C.R.S., if the respondent is unable to financially secure counsel on his or her own. 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 his or her 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 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.

(1)

[Editor’s note:
This version of subsection (1) is effective January 1, 2024.]
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 appoint 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 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: Section 19-3-202 — Right to counsel and jury trial, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑3‑100.5
Legislative declarations - reasonable efforts - movement of children and sibling groups 19‑3‑102
Neglected or dependent child 19‑3‑103
Child not neglected - when 19‑3‑104
Hearings - procedure 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 19‑3‑205
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 19‑3‑209
Individual case plan - required 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 19‑3‑214
Placement reporting 19‑3‑215
Foster care - capacity may be exceeded for sibling groups 19‑3‑216
Rules 19‑3‑217
Family time upon removal - rules 19‑3‑301
Short title 19‑3‑302
Legislative declaration 19‑3‑304
Persons required to report child abuse or neglect 19‑3‑304.2
Mandatory reporter task force - creation - reporting - definitions - repeal 19‑3‑304.3
Domestic abuse task force - creation - best practices and training for recognition of domestic abuse as child abuse or neglect - policies and procedures - rules 19‑3‑304.5
Emergency possession of certain abandoned children - definition 19‑3‑305
Required report of postmortem investigation 19‑3‑306
Evidence of abuse - color photographs and X rays 19‑3‑307
Reporting procedures 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 19‑3‑311
Evidence not privileged 19‑3‑312
Court proceedings 19‑3‑313.5
State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality 19‑3‑315
Federal funds 19‑3‑317
Screening tool - human trafficking 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 19‑3‑500.2
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 and developmental disability - procedure 19‑3‑507
Dispositional hearing - rules 19‑3‑508
Neglected or dependent child or youth - disposition - concurrent planning - definition 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 19‑3‑612
Reinstatement of the parent-child legal relationship - circumstances - petition - hearings - legislative declaration 19‑3‑702
Permanency hearing 19‑3‑702.5
Periodic reviews 19‑3‑704
Youth with disabilities - incapacitated persons 19‑3‑705
Transition hearing 19‑3‑901
Legislative declaration 19‑3‑902
Definitions 19‑3‑903
Task force on high-quality parenting time - creation - steering committee - membership 19‑3‑904
Task force - purposes - issues to study - written reports 19‑3‑905
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 19-3-202’s source at colorado​.gov