C.R.S. Section 19-3-217
Family time upon removal

  • rules

(1)

[Editor’s note:
This version of subsection (1) is effective until January 1, 2024.]
At any hearing held pursuant to section 19-3-403 (2) or (3.5), the court shall enter temporary orders for reasonable visitation with the child’s parent that is consistent with the age and developmental needs of a child if the court finds that visitation is in a child’s best interests. The court shall order contact between the parent and child, 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 best interests.

(1)

[Editor’s note:
This version of subsection (1) is effective January 1, 2024.]
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)

[Editor’s note:
Subsection (1.5) is effective January 1, 2024.]
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)

Intentionally left blank —Ed.

(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)(d)(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.

(e)

Intentionally left blank —Ed.

(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)(f)(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)

[Editor’s note:
This version of subsection (3) is effective until January 1, 2024.]
Absent the issuance of an emergency order, a parent granted visitation 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 visitation to virtual visitation. 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 visits. Any such agreement must be reduced to writing and filed with the court. Nothing in this section prevents the county department from canceling a visit if the child’s health or welfare would be endangered or if the parent consents to the cancellation of the visit.

(3)

[Editor’s note:
This version of subsection (3) is effective January 1, 2024.]
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 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)

[Editor’s note:
This version of subsection (4) is effective until January 1, 2024.]
Nothing in this section requires or permits a county department to arrange a visit if the visit 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 for court-ordered visitation if the visitation is made impossible due to the policies of a facility where the parent is incarcerated or in treatment.

(4)

[Editor’s note:
This version of subsection (4) is effective January 1, 2024.]
Nothing in this section requires or permits a county department to arrange family time 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)

[Editor’s note:
Subsection (5) is effective January 1, 2024.]
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)

[Editor’s note:
Subsection (6) is effective January 1, 2024.]
The state board of human services shall promulgate rules in accordance with this section.

Source: Section 19-3-217 — Family time upon removal - rules, 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

§ 19-3-217’s source at colorado​.gov