C.R.S.
Section 19-3-502
Petition form and content
- limitations on claims in dependency or neglect actions
(1)
The petition and all subsequent court documents in any proceedings brought under this article shall be entitled "The People of the State of Colorado, in the Interest of(2)
The petition shall set forth plainly the facts which bring the child within the court’s jurisdiction. The petition shall also state the name, age, and residence of the child and the names and residences of his parents, guardian, custodian, legal custodian, stepparent, or spousal equivalent or of his nearest known relative if no parent, guardian, custodian, legal custodian, stepparent, or spousal equivalent is known.(2.5)
The petition in each case where removal of a child from the home is sought shall either state that reasonable efforts to prevent out-of-home placement were made and shall summarize such efforts or, if no services to prevent out-of-home placement were provided, the petition shall contain an explanation of why such services were not provided or a description of the emergency which precluded the use of services to prevent out-of-home placement of the child. The petition shall be verified.(2.7)
Intentionally left blank —Ed.(a)
Pursuant to the provisions of section 19-1-126, the petition must:(I)
Include a statement indicating what continuing inquiries the county department of human or social services has made in determining whether the child who is the subject of the proceeding is an Indian child;(II)
Identify whether the child is an Indian child; and(III)
Include the identity of the Indian child’s tribe, if the child is identified as an Indian child.(b)
If notices were sent to the parent or Indian custodian of the child and to the Indian child’s tribe, pursuant to section 19-1-126, the postal receipts shall be attached to the petition and filed with the court or filed within ten days after the filing of the petition, as specified in section 19-1-126 (1)(c).(3)
All petitions filed alleging the dependency or neglect of a child shall include the following statements:(a)
“Termination of the parent-child legal relationship is a possible remedy available if this petition alleging that a child is dependent or neglected is sustained. A separate hearing must be held before such termination is ordered. Termination of the parent-child legal relationship means that the child who is the subject of this petition would be eligible for adoption.”(b)
“If the child is placed out of the home for a period of twelve months or longer, the court shall hold a permanency hearing within said twelve months to determine a permanent placement for the child.”(c)
“The review of any decree of placement of a child subsequent to the three-month review required by section 19-1-115 (4)(a) may be conducted as an administrative review by the department of human services, as appropriate. If you are a party to the action, you have a right to object to an administrative review, and if you object, the review shall be conducted by the court.”(4)
No counterclaim, cross claim, or other claim for damages may be asserted by a respondent in an action alleging the dependency or neglect of a child, but nothing in this subsection (4) shall be construed to prohibit a respondent from asserting a claim for damages in an action independent of an action alleging the dependency or neglect of a child.(4.5)
A child named in the petition shall be a party to the proceedings and have the right to attend and fully participate in all hearings related to the child’s case. The child’s guardian ad litem or counsel for youth shall provide developmentally appropriate notice to the child of all hearings related to the child’s case.(5)
Any parent, guardian, or legal custodian alleged to have abused or neglected a child shall be named as a respondent in the petition concerning such child. The county attorney, city attorney of a city and county, or special county attorney may name any other parent, guardian, custodian, legal custodian, stepparent, or spousal equivalent as a respondent in the petition if he determines that it is in the best interests of the child to do so.(5.5)
[Editor’s note:(a)
A person named a respondent is a party to the proceedings and has the right and responsibility to attend and fully participate in all proceedings related to the respondent. A respondent’s failure to appear for a hearing does not constitute a violation of the respondent’s due process rights and nothing in this section prohibits the court from proceeding if a respondent fails to appear.(b)
Intentionally left blank —Ed.(I)
If the court becomes aware that a respondent is incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail, the court shall issue a writ for the respondent’s personal attendance or attendance through audio-visual communication technology at all hearings, unless the court finds it necessary to hold separate hearings pursuant to section 19-1-106. If the respondent is represented by counsel, counsel shall file a motion for the respondent’s personal attendance or attendance through audio-visual communication technology at the hearing if counsel knows the respondent is incarcerated and wants to personally attend a contested hearing or attend any hearing through audio-visual communication technology. If the respondent is not represented by counsel, the court shall file a writ for the respondent’s personal appearance or appearance through audio-visual communication technology. If a writ for appearance through audio-visual communication technology is issued, the court shall include information on the writ concerning the manner by which the respondent may appear and shall ensure the writ is provided to the litigation coordinator at the facility or jail where the respondent is incarcerated. If the respondent is represented by counsel, the court may order the counsel to inform the litigation coordinator.(II)
If the personal attendance writ issued by the court pursuant to subsection (5.5)(b)(I) of this section is not honored, the court must permit the respondent to attend and participate in a hearing through audio-visual communication technology.(c)
Intentionally left blank —Ed.(I)
A court, the county department of human or social services, the sheriff, or the executive director of the department of corrections may develop and implement procedures to facilitate the notification of proceedings and personal appearance of a respondent who is incarcerated.(II)
A representative of the facility or jail where the respondent is incarcerated shall, when possible, inform the court not less than seventy-two hours prior to the proceeding if it cannot facilitate transportation of the respondent to a proceeding.(III)
A representative of the facility or jail where the respondent is incarcerated shall inform the court if the respondent refuses transportation, and the circumstances of the refusal, as soon as practicable.(IV)
If the facility where the respondent is incarcerated cannot facilitate transportation of the respondent to a hearing pursuant to this subsection (5.5), the facility shall make every reasonable effort to facilitate the respondent’s participation at the hearing through audio-visual communication technology, so long as the requirements pursuant to subsection (5.5)(b)(I) of this section are satisfied.(6)
A person may be named as a special respondent on the grounds that he resides with, has assumed a parenting role toward, has participated in whole or in part in the neglect or abuse of, or maintains a significant relationship with the child. Personal jurisdiction shall be obtained over a special respondent once he is given notice by a service of summons and a copy of the petition or motion describing the reasons for his joinder. A special respondent shall be afforded an opportunity for a hearing to contest his joinder and the appropriateness of any orders that affect him and shall have the right to be represented by counsel at such hearing. At any other stage of the proceedings, a special respondent may be represented by counsel at his own expense.(7)
In addition to notice to all parties, the court shall ensure that notice is provided of all hearings and reviews held regarding a child to the following persons with whom a child is placed: Foster parents, pre-adoptive parents, or relatives. Such persons have the right to be heard at such hearings and reviews. The foster parent, pre-adoptive parent, or relative providing care to a child shall not be made a party to the action for purposes of any hearings or reviews solely on the basis of such notice and right to be heard. Notice of hearings and reviews must not reveal to the respondent parent or other relative the address, last name, or other such identifying information regarding any person providing care to the child.
Source:
Section 19-3-502 — Petition form and content - limitations on claims in dependency or neglect actions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-19.pdf (accessed Oct. 20, 2023).
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