C.R.S. Section 19-3-507
Dispositional hearing

  • rules

(1)

Intentionally left blank —Ed.

(a)

After making an order of adjudication, the court shall hear evidence on the question of the proper disposition best serving the interests of the child and the public. Such evidence shall include, but not necessarily be limited to, the social study and other reports as provided in section 19-1-107.

(b)

Prior to any dispositional hearing, the caseworker of the county department assigned to the case shall submit to the court a statement that details the services that were offered to or provided to the family to prevent unnecessary out-of-home placement of the child and to facilitate the reunification of the child with the family. The statement must contain an explanation of the services or actions that, had such services or actions been available, would have been necessary to enable the child to remain at home safely. In the alternative, the caseworker may submit a statement as to why no services or actions would have made it possible for the child to remain at home safely. If the child is part of a sibling group, as defined in section 19-1-103, and the child was not placed with his or her siblings, the caseworker shall submit to the court a statement about whether it continues to be in the best interests of the child or the children in the sibling group to be placed separately. If the caseworker locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it is 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.

(b.5)

If the county department locates a capable, willing, and available relative or kin for the child or youth, it is presumed that placement of the child or youth with the relative or kin is in the best interests of the child or youth. The presumption may be rebutted by a preponderance of the evidence, giving primary consideration to the child’s or youth’s mental, physical, and emotional needs, including the child’s or youth’s preference regarding placement. The court shall consider whether a proposed placement would hinder efforts to reunite the parent and child or youth and the parent’s preference regarding placement. A parent’s objection to placement with a particular relative or kin is not alone sufficient to show that the proposed placement would hinder reunification.

(b.7)

Upon the motion of a party for placement of a child or youth with a relative or kin, if the party objects to the requested placement, the court shall hold a hearing within sixty-three days after the objection to determine whether the child or youth may be placed with the relative or kin. When a child or youth resides with a relative or kin, any other relative or kin seeking a placement change shall address the factors set forth in section 19-3-702 (6).

(c)

If one or both of the parents have a disability, reasonable accommodations and modifications, as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations, are necessary to ensure the treatment plan components are accessible. If applicable, any identified accommodations and modifications must be listed in the report prepared for the dispositional hearing.

(d)

If the court denies placement with a relative or kin, the court shall make detailed findings regarding the reasons for denial. A decision by a relative or kin to not be initially identified as a potential placement resource must not be the sole basis for the court to later rule out the relative or kin as the child’s or youth’s permanent placement. When determining whether a child or youth should be placed with a relative or kin, the court shall give primary consideration to a child’s or youth’s mental, physical, and emotional needs. The court shall not consider any of the following factors unless one of the factors would threaten the mental, physical, and emotional health or safety of the child or youth:

(I)

The size of the home, including whether the child or youth would have a separate room;

(II)

The socioeconomic status of the relative or kin compared to other available placement options;

(III)

The ability of the relative or kin to support the child’s or youth’s participation in extracurricular activities;

(IV)

Ordinary bonding or attachment that occurred during time spent in foster placement;

(V)

Immigration status of the relative or kin; or

(VI)

Age or any disability of the relative or kin.

(e)

The court may consider the relative’s or kin’s criminal background, as permitted by section 19-3-406. When considering whether to allow a placement with a relative or kin who has been disqualified for placement pursuant to section 19-3-406, the court shall consider the following factors:

(I)

Whether the child’s or youth’s mental, physical, or emotional needs would be adversely affected;

(II)

The nature of the crime of conviction;

(III)

Whether there is a direct relationship between the conviction and the relative’s or kin’s ability to provide competent and safe care to the child or youth;

(IV)

Length of time since conviction; and

(V)

Evidence of rehabilitation.

(f)

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

(I)

If a child is eligible for services pursuant to section 19-3-208, and the child’s parent is incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail, then prior to any dispositional hearing, the county department, upon knowledge of the incarceration, shall make reasonable efforts to involve the parent who is incarcerated in planning the services for the child, or document the caseworker’s efforts to include the parent who is incarcerated in the planning. Reasonable efforts include:

(A)

In any meeting customarily attended by a parent, permitting and facilitating, to the extent reasonably practicable, a parent’s remote attendance and participation through audio-visual communication technology;

(B)

Opportunities for meaningful family time between the child and parent. If in-person family time is not reasonably practicable, the caseworker shall communicate with the facility or jail regarding the facility’s or jail’s ability to facilitate family time between the child and parent through audio-visual communication technology and arrange for available virtual family time. The court shall consider the preferences of the child and parent when determining whether in-person family time should occur. Nothing in this subsection (1)(f) requires the court to order family time if a protection order prohibits contact between the child and the parent, or if the court determines that family time would jeopardize the child’s mental, emotional, or physical health. The court shall not determine that family time is not in the child’s best interests based solely on the fact that in-person family time would occur in a facility or jail.

(C)

Communicating with the facility’s or jail’s designee.

(II)

The department may promulgate rules necessary to comply with the requirements of this subsection (1)(f).

(2)

[Editor’s note:
This version of subsection (2) is effective until July 1, 2024.]
If the court has reason to believe that the child may have an intellectual and developmental disability, the court shall refer the child to the community-centered board in the designated service area where the action is pending for an eligibility determination pursuant to article 10.5 of title 27. If the court has reason to believe that the child may have a behavioral or mental health disorder, the court shall order a behavioral or mental health disorder prescreening to be conducted in any appropriate place.

(2)

[Editor’s note:
This version of subsection (2) is effective July 1, 2024.]
If the court has reason to believe that the child may have an intellectual and developmental disability, the court shall refer the child to the case management agency, as defined in section 25.5-6-1702, in the defined service area where the action is pending for an eligibility determination pursuant to article 6 of title 25.5 or article 10.5 of title 27. If the court has reason to believe that the child may have a behavioral or mental health disorder, the court shall order a behavioral or mental health disorder prescreening to be conducted in any appropriate place.

(3)

Intentionally left blank —Ed.

(a)

Except as provided in section 19-3-508 (1), the court may continue the dispositional hearing, either on its own motion or on the motion of any interested party, for a reasonable period to receive reports or other evidence.

(b)

If the hearing is continued, the court shall make an appropriate order for detention of the child or for such child’s release in the custody of such child’s parents, guardian, or other responsible person or agency under such conditions of supervision as the court may impose during the continuance.

(c)

In scheduling investigations and hearings, the court shall give priority to proceedings concerning a child who is in detention or who has otherwise been removed from such child’s home before an order of disposition has been made.

(4)

Intentionally left blank —Ed.

(a)

In any case in which the disposition is placement out of the home, except for children or youth committed to the department of human services, the court shall, at the time of placement, set a review within ninety-one days to determine whether continued placement is necessary and in the best interests of the child or youth and the community, and whether reasonable efforts have been made to return the child or youth to the home or, in the case of a sibling group, whether it is in the best interests of the children or youth in the sibling group to be placed together. If the county department locates an appropriate, capable, willing, and available joint placement for all of the children or youth in the sibling group, it is presumed that placement of the entire sibling group in the joint placement is in the best interests of the children or youth. 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, children, or youth.

(b)

If the county department locates a capable, willing, and available relative or kin for the child or youth, it is presumed that placement of the child or youth with a relative or kin is in the best interests of the child or youth. The presumption may be rebutted by a preponderance of the evidence, giving primary consideration to the child’s or youth’s mental, physical, and emotional needs, including the child’s or youth’s preference regarding placement. The court shall consider whether a proposed placement would hinder efforts to reunite the parent and the child or youth and the parent’s preference regarding placement. A parent’s objection to placement with a particular relative or kin is not alone sufficient to show that the proposed placement would hinder reunification.

(c)

The judge shall review the family services plan document regarding placement of siblings and efforts to locate relatives or kin. If the child or youth is residing with a relative or kin, the family services plan must describe the efforts made by the county to maintain the child or youth in the relative or kinship home and to not remove the child or youth from the kinship or relative home except to effectuate a permanency goal of reunification or after finding that remaining in the kinship placement is contrary to the child’s or youth’s mental, physical, or emotional needs, or when the relative or kinship placement decides they are no longer able to care for the child or youth. The court shall give notice of the review to all parties and to the director of the facility or agency in which the child or youth is placed and any person who has physical custody of the child or youth and any attorney or guardian ad litem of record. The review shall be conducted in accordance with section 19-1-115 (8)(f).

(5)

Intentionally left blank —Ed.

(a)

Parents, grandparents, or relatives who have information or knowledge concerning the care and protection of the child or youth, or kin caregiver who has the child in the caregiver’s care for more than three months, may intervene as a matter of right following adjudication with or without counsel.

(b)

A county department of human or social services that placed a child in foster care shall provide the foster parent of the child and any pre-adoptive parent or relative providing care for the child with notice of any administrative review of the child’s case.

(c)

Upon the written request of the foster parent, pre-adoptive parent, or relative, notice of a court hearing for the child’s case shall be provided in written form and may be provided through the caseworker at the usual periodic meetings with the person providing care for the child. The notice shall include, at a minimum:

(I)

The child’s court case number;

(II)

The date and time of the next court hearing; and

(III)

The name of the magistrate or judge and the court division to which the case has been assigned.

(d)

Foster parents who have the child or youth in their care for twelve months or more may intervene, as a matter of right, with or without counsel, following adjudication. The purpose of intervention is to provide knowledge or information concerning the care and protection of the child or youth, including the child’s or youth’s mental, physical, and emotional needs.

(e)

An intervenor may not, on the intervenor’s own motion, seek to restrict family time between a child or youth and the parent or relatives, file a petition to terminate parental rights, or appeal a denial of termination of parental rights.

Source: Section 19-3-507 — Dispositional hearing - 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

§ 19-3-507’s source at colorado​.gov