C.R.S. Section 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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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.

(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: Section 19-3-402 — Duty of officer - notification - release or detention, 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

§ 19-3-402’s source at colorado​.gov