C.R.S. Section 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Repealed.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: Section 19-3-312 — Court proceedings, 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

§ 19-3-312’s source at colorado​.gov