C.R.S. Section 19-3-508
Neglected or dependent child or youth

  • disposition
  • concurrent planning
  • definition

(1)

When a child or youth has been adjudicated to be neglected or dependent, the court may enter a decree of disposition the same day, but in any event it shall do so within forty-two days, unless the court finds that the best interests of the child or youth will be served by granting a delay. In a county designated pursuant to section 19-1-123, if the child or youth is less than six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the court shall enter a decree of disposition within twenty-eight days after the adjudication and shall not grant a delay unless good cause is shown and unless the court finds that the best interests of the child or youth will be served by granting the delay. It is the intent of the general assembly that the dispositional hearing be held on the same day as the adjudicatory hearing, whenever possible. If a delay is granted, the court shall set forth the reasons why a delay is necessary and the minimum amount of time needed to resolve the reasons for the delay and shall schedule the hearing at the earliest possible time following the delay. When the proposed disposition is termination of the parent-child legal relationship, the hearing on termination must not be held on the same date as the adjudication, and the time limits set forth above for dispositional hearings do not apply. When the proposed disposition is termination of the parent-child legal relationship, the court may continue the dispositional hearing to the earliest available date for a hearing in accordance with subsection (3)(a) of this section and part 6 of this article 3. When the decree does not terminate the parent-child legal relationship, the court shall approve an appropriate treatment plan that must include, but not be limited to, one or more of the following provisions of subsections (1)(a) to (1)(d) of this section:

(a)

The court may place the child in the legal custody of one or both parents or the guardian, with or without protective supervision, under such conditions as the court deems necessary and appropriate. In a county designated pursuant to section 19-1-123, if the child is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2) and is placed with a parent or guardian who is a named respondent in a petition filed pursuant to section 19-3-502, the treatment plan shall include a requirement that the family obtain services specific to the family’s needs if available in the community where the family resides and based on the social study and reports provided pursuant to section 19-1-107 (2.5).

(b)

The court may place the child or youth in the legal custody of a relative or kin, including the child’s or youth’s grandparent, or other suitable person, with or without protective supervision, under such conditions as the court deems necessary and appropriate. If a child or youth is not placed with a parent pursuant to subsection (1)(a) of this section, the court shall give preference to placement with a grandparent or other relative or kin. 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 court may place legal custody in the county department of human or social services or a child placement agency for placement in a foster care home or other child care facility. 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 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.

(d)

Intentionally left blank —Ed.

(I)

The court may order that the child be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that the child receive other special care and may place the child in a hospital or other suitable facility for such purposes; except that the child may not be placed in a mental health facility operated by the department of human services until the child has received a behavioral or mental health disorder prescreening resulting in a recommendation that the child be placed in a facility for evaluation pursuant to section 27-65-106, or a hearing has been held by the court after notice to all parties, including the department of human services. An order for an emergency mental health hold must not be entered unless a hearing is held and evidence indicates that the prescreening report is inadequate, incomplete, or incorrect and that competent professional evidence is presented by a mental health professional that indicates that a behavioral or mental health disorder is present in the child. The court shall make, prior to the hearing, such orders regarding temporary custody of the child as are deemed appropriate.

(II)

Placement in any facility operated by the department of human services shall continue for such time as ordered by the court or until the professional person in charge of the child’s treatment concludes that the treatment or placement is no longer appropriate. If placement or treatment is no longer deemed appropriate, the court shall be notified and a hearing held for further disposition of the child within five days, excluding Saturdays, Sundays, and legal holidays. The court shall make, prior to the hearing, such orders regarding temporary custody of the child as are deemed appropriate.

(e)

Intentionally left blank —Ed.

(I)

[Editor’s note:
This version of subsection (1)(e)(I) is effective until January 1, 2024.]
Except where the proposed disposition is termination of the parent-child legal relationship, the court shall approve an appropriate treatment plan involving the child named and each respondent named and served in the action. However, the court may find that an appropriate treatment plan cannot be devised as to a particular respondent because the child has been abandoned as set forth in section 19-3-604 (1)(a) and the parents cannot be located, or because the child has been adjudicated as neglected or dependent based upon section 19-3-102 (2), or due to the unfitness of the parents as set forth in section 19-3-604 (1)(b). When the court finds that an appropriate treatment plan cannot be devised, the court shall conduct a permanency hearing as set forth in section 19-3-702 (1), unless a motion for termination of parental rights has been filed within thirty days after the court’s finding.

(e)

Intentionally left blank —Ed.

(I)

[Editor’s note:
This version of subsection (1)(e)(I) is effective January 1, 2024.]
Except where the proposed disposition is termination of the parent-child legal relationship, the caseworker assigned to the case shall submit an appropriate treatment plan and the court shall approve an appropriate treatment plan involving the child named and each respondent named and served in the action. If a 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, the caseworker assigned to the case, upon knowledge of the incarceration, shall include information in the report that details the services and treatment available to a parent at the facility or jail where the parent is incarcerated or the caseworker’s efforts to obtain that information. The county department shall communicate with the facility or jail where the parent is incarcerated regarding the requirements of the court-ordered treatment plan. However, the court may find that an appropriate treatment plan cannot be devised as to a particular respondent because the child has been abandoned as set forth in section 19-3-604 (1)(a) and the parents cannot be located, or because the child has been adjudicated as neglected or dependent based upon section 19-3-102 (2), or due to the unfitness of the parents as set forth in section 19-3-604 (1)(b). When the court finds that an appropriate treatment plan cannot be devised, the court shall conduct a permanency hearing as set forth in section 19-3-702 (1), unless a motion for termination of parental rights has been filed within thirty days after the court’s finding.

(II)

Repealed.

(III)

[Editor’s note:
Subsection (1)(e)(III) is effective January 1, 2024.]
If, after the dispositional hearing, the child’s parent becomes continuously incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail for more than thirty-five days, then the caseworker assigned to the case, upon knowledge of incarceration, shall provide information that details the services and treatment available to a parent at the facility or jail where the parent is incarcerated or the caseworker’s efforts to obtain the information at the next scheduled court hearing.

(2)

Before a disposition other than that provided in paragraph (a) of subsection (1) of this section is made, it shall be established by a preponderance of the evidence that a separation of the child from the parents or guardian is in the best interests of the child.

(3)

Intentionally left blank —Ed.

(a)

The court may enter a decree terminating the parent-child legal relationship of one or both parents pursuant to part 6 of this article. Pursuant to section 19-3-602 (1), in a county designated pursuant to section 19-1-123, if the child is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the court shall hear a motion for termination within one hundred twenty days after such motion is filed, and shall not grant a delay unless good cause is shown and unless the court finds that the best interests of the child will be served by granting a delay in accordance with the requirements of section 19-3-104.

(b)

Upon the entry of a decree terminating the parent-child legal relationship of both parents, of the sole surviving parent, or of the only known parent, the court may:

(I)

Vest the county department of human or social services or a child placement agency with the legal custody and guardianship of the person of a child for the purposes of placing the child for adoption; or

(II)

Make any other disposition provided in paragraph (b), (c), or (d) of subsection (1) of this section that the court finds appropriate.

(b.5)

In making a disposition pursuant to paragraph (b) of this subsection (3), the court may give preference to making a disposition as provided in paragraph (b) of subsection (1) of this section, if in the best interests of the child.

(c)

Upon the entry of a decree terminating the parent-child legal relationship of one parent, the court may:

(I)

Leave the child in the legal custody of the other parent and discharge the proceedings; or

(II)

Make any other disposition provided in subsection (1) of this section that the court finds appropriate.
(4)(Deleted by amendment, L. 97, p. 520, § 8, effective July 1, 1997.)(5)(a) In placing the legal custody or guardianship of the person of a child or youth with an individual or a private agency, the court shall give primary consideration to the welfare of the child or youth but shall take into consideration the religious and cultural preferences of the child or youth or of the parents, whenever practicable.

(b)

Intentionally left blank —Ed.

(I)

If the court finds that placement out of the home is necessary and is in the best interests of the child or youth and the community, the court shall place the child or youth with a relative or kin, including the child’s or youth’s grandparent, as provided in subsection (1)(b) of this section. In considering the placement, the court shall give 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. The court shall place the child or youth in the facility or setting that most appropriately meets the needs of the child or youth, the family, and the community. In making its decision as to proper placement, the court shall utilize the evaluation for placement prepared pursuant to section 19-1-107. If the court deviates from the recommendations of the evaluation for placement in a manner that results in a difference in the cost of the disposition ordered by the court and the cost of the disposition recommended in the evaluation, the court shall make specific findings of fact relating to its decision, including the monthly cost of the placement, if ordered. The court shall send a copy of such findings to the chief justice of the supreme court, who shall report annually on such orders and findings of fact to the joint budget committee, the public and behavioral health and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees.

(II)

Notwithstanding subsection (5)(b)(I) of this section to the contrary, when the child or youth is part of a sibling group and the sibling group is being placed out of the home, if the county department locates a 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. The 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.

(III)

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 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. Placement with a relative or kin must be considered and investigated when the child or youth enters foster care, is moved from a foster home, or returns to foster care after the child or youth has achieved permanency. As used in this subsection (5), “relative” includes a member of the child’s or youth’s birth family, adoptive family, and kin, regardless of whether parental rights were terminated.

(6)

The court may grant a new hearing as provided in the Colorado rules of juvenile procedure.

(7)

Efforts to place a child for adoption or with a legal guardian or custodian, including identifying appropriate in-state and out-of-state permanent placement options, may be made concurrently with reasonable efforts to preserve and reunify the family.

(8)

When entering a decree placing the child or youth in the legal custody of a relative or placing the child or youth in the legal custody of a county department for placement in a foster care home, the court shall ensure that the child’s or youth’s placement at the time of the hearing is in the best interests of the child or youth and shall inquire about documentation that the county department or a licensed child placement agency has adequately screened the foster care provider or the family member who is seeking to care for the child or youth and any adult residing in that home and that all of the criminal history record checks and other background checks have been completed as required pursuant to section 26-6-910 or 19-3-406.

Source: Section 19-3-508 — Neglected or dependent child or youth - disposition - concurrent planning - definition, 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

§ 19-3-508’s source at colorado​.gov