2019 Colorado Revised Statutes
Title 19 - Children's Code


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Colorado Revised Statutes 2019 TITLE 19 CHILDREN'S CODE Editor's note: This title was numbered as chapter 22, C.R.S. 1963. The substantive provisions of this title were repealed and reenacted in 1987, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this title prior to 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title, see the comparative tables located in the back of the index. ARTICLE 1 General Provisions PART 1 GENERAL PROVISIONS 19-1-101. Short title. This title shall be known and may be cited as the "Colorado Children's Code". Source: L. 87: Entire title R&RE, p. 695, § 1, effective October 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. This section, as it existed in 1987, is the same as 19-1-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-1-102. Legislative declaration. (1) The general assembly declares that the purposes of this title are: (a) To secure for each child subject to these provisions such care and guidance, preferably in his own home, as will best serve his welfare and the interests of society; (b) To preserve and strengthen family ties whenever possible, including improvement of home environment; (c) To remove a child from the custody of his parents only when his welfare and safety or the protection of the public would otherwise be endangered and, in either instance, for the courts to proceed with all possible speed to a legal determination that will serve the best interests of the child; and Colorado Revised Statutes 2019 Page 1 of 445 Uncertified Printout (d) To secure for any child removed from the custody of his parents the necessary care, guidance, and discipline to assist him in becoming a responsible and productive member of society. (1.5) (a) The general assembly declares that it is in the best interests of the child who has been removed from his own home to have the following guarantees: (I) To be placed in a secure and stable environment; (II) To not be indiscriminately moved from foster home to foster home; and (III) To have assurance of long-term permanency planning. (b) (Deleted by amendment, L. 92, p. 220, § 1, effective July 1, 1992.) (1.6) The general assembly recognizes the numerous studies establishing that children undergo a critical bonding and attachment process prior to the time they reach six years of age. Such studies further disclose that a child who has not bonded with a primary adult during this critical stage will suffer significant emotional damage which frequently leads to chronic psychological problems and antisocial behavior when the child reaches adolescence and adulthood. Accordingly, the general assembly finds and declares that it is appropriate to provide for an expedited placement procedure to ensure that children under the age of six years who have been removed from their homes are placed in permanent homes as expeditiously as possible. (1.7) The general assembly further declares that it is the intent of the general assembly to have the media and the courts refrain from causing undue hardship, discomfort, and distress to any juvenile victims of sexual assault, child abuse, incest, or any offenses listed in wrongs to children pursuant to part 4 of article 6 of title 18, C.R.S., by not disseminating or publishing the names of such victims. (1.9) The federal "Family First Prevention Services Act" was enacted on February 9, 2018. In order to comply with the provisions of the federal "Family First Prevention Services Act", the general assembly finds that it is necessary to update current statutes to enable Colorado to provide enhanced support to children, youth, and their families in order to prevent foster care placements. The state department shall implement the updated provisions in sections 19-1-103, 19-1-115, 19-3-208, and 19-3-308 utilizing foster care prevention services and qualified residential treatment programs when the federal government approves Colorado's five-year Title IV-E prevention plan, and subject to available general fund appropriations or federal funding. (2) To carry out these purposes, the provisions of this title shall be liberally construed to serve the welfare of children and the best interests of society. Source: L. 87: Entire title R&RE, p. 695, § 1, effective October 1. L. 88: (1.5) added, p. 755, § 1, effective May 31. L. 90: (1.7) added, p. 1007, § 1, effective July 1. L. 92: (1.5) amended, p. 220, § 1, effective July 1. L. 94: (1.6) added, p. 2051, § 1, effective July 1. L. 2019: (1.9) added, (HB 19-1308), ch. 256, p. 2458, § 2, effective August 2. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. This section, as it existed in 1987, is the same as 19-1-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the "Family First Prevention Services Act", see Pub.L. 115-123. Colorado Revised Statutes 2019 Page 2 of 445 Uncertified Printout 19-1-103. Definitions. As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires: (1) (a) "Abuse" or "child abuse or neglect", as used in part 3 of article 3 of this title 19, means an act or omission in one of the following categories that threatens the health or welfare of a child: (I) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained; the history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence; (II) Any case in which a child is subjected to unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.; (III) Any case in which a child is a child in need of services because the child's parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall be subject to the provisions of section 19-3-103. (IV) Any case in which a child is subjected to emotional abuse. As used in this subparagraph (IV), "emotional abuse" means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development. (V) Any act or omission described in section 19-3-102 (1)(a), (1)(b), or (1)(c); (VI) Any case in which, in the presence of a child, or on the premises where a child is found, or where a child resides, a controlled substance, as defined in section 18-18-102 (5), C.R.S., is manufactured or attempted to be manufactured; (VII) Any case in which a child tests positive at birth for either a schedule I controlled substance, as defined in section 18-18-203, C.R.S., or a schedule II controlled substance, as defined in section 18-18-204, C.R.S., unless the child tests positive for a schedule II controlled substance as a result of the mother's lawful intake of such substance as prescribed; (VIII) Any case in which a child is subjected to human trafficking of a minor for involuntary servitude, as described in section 18-3-503, or human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2). (b) In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates including, but not limited to, accepted work-related practices of agricultural communities. Nothing in this subsection (1) shall refer to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2-502 that are performed by a peace officer, as described in section 16-2.5-101, C.R.S., acting in the good faith performance of the officer's duties. (2) "Adjudication" means a determination by the court that it has been proven beyond a reasonable doubt to the trier of fact that the juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, "adjudication" means conviction. (3) "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition in dependency and neglect are supported by the evidence. Colorado Revised Statutes 2019 Page 3 of 445 Uncertified Printout (4) "Adjudicatory trial" means a trial to determine whether the allegations of a petition in delinquency are supported by the evidence. (5) "Administrative review" means a review conducted by the state department of human services that is open to the participation of the parents of the child and conducted by an administrative reviewer who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. (6) "Adoptee", as used in part 3 of article 5 of this title, means a person who, as a minor, was adopted pursuant to a final decree of adoption entered by a court. (6.5) (a) "Adoption record", as used in part 3 of article 5 of this title, with the exception of section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information: (I) The adoptee's original birth certificate and amended birth certificate; (II) The final decree of adoption; (III) Nonidentifying information, as defined in section 19-1-103 (80); (IV) The final order of relinquishment; and (V) The order of termination of parental rights. (a.5) "Adoption record", as used in section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information, without redaction: (I) The adoptee's original birth certificate and amended birth certificate; (II) The final decree of adoption; (III) Any identifying information, such as the name of the adoptee before placement in adoption, the name and address of each birth parent as they appear in the birth records, the name, address, and contact information of the adult adoptee, and the current name, address, and contact information of each birth parent, if known, or other information that might personally identify a birth parent; (IV) Any nonidentifying information, as defined in section 19-1-103 (80); (V) The final order of relinquishment; and (VI) The order of termination of parental rights. (b) "Adoption record", as used in either paragraph (a) or paragraph (a.5) of this subsection (6.5), shall not include pre-relinquishment counseling records, which records shall remain confidential. (6.7) "Adoption triad" means the three parties involved in an adoption: The adoptee, the birth parent, and the adoptive parent. (7) "Adoptive parent", as used in parts 3 and 4 of article 5 of this title, means an adult who has become a parent of a minor through the legal process of adoption. (8) (a) "Adult" means a person eighteen years of age or older; except that any person eighteen years of age or older who is under the continuing jurisdiction of the court, who is before the court for an alleged delinquent act committed prior to the person's eighteenth birthday, or concerning whom a petition has been filed for the person's adoption other than under this title shall be referred to as a juvenile. (b) (Deleted by amendment, L. 97, p. 1167, § 14, effective July 1, 1997.) (9) "Adult adoptee", as used in parts 3 and 4 of article 5 of this title, means an individual who is eighteen years of age or older and who, as a minor, was adopted pursuant to a final decree of adoption entered by a court. (10) "Appropriate treatment plan", as used in section 19-3-508 (1)(e), means a treatment plan approved by the court that is reasonably calculated to render the particular respondent fit to Colorado Revised Statutes 2019 Page 4 of 445 Uncertified Printout provide adequate parenting to the child within a reasonable time and that relates to the child's needs. (10.5) "Assessment center for children", as used in sections 19-1-303 and 19-1-304, means a multi-disciplinary, community-based center that provides services to children and their families, including, but not limited to, detention screening, case management, and therapeutic intervention relating to delinquency, abuse or neglect, family conflict, and truancy. (11) "Assessment instrument" means an objective tool used to collect pertinent information regarding a juvenile taken into temporary custody in order to determine the appropriate level of security, supervision, and services pending adjudication. (12) "Basic identification information", as used in article 2 of this title, means the name, place and date of birth, last-known address, social security number, occupation and address of employment, last school attended, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person. (13) "Biological parent" or "birth parent", as used in part 3 of article 5 of this title, means a parent, by birth, of an adopted person. (14) "Biological sibling", as used in part 3 of article 5 of this title, means a sibling, by birth, of an adopted person. "Biological sibling", as used in article 3 and article 5 of this title, for purposes of the definition of sibling group, as defined in subsection (98.5) of this section, means a brother, sister, or half-sibling of a child who is being placed in foster care or being placed for adoption. (15) "Birth parents", as used in part 4 of article 5 of this title, means genetic, biological, or natural parents whose rights were voluntarily or involuntarily terminated by a court or otherwise. "Birth parents" includes a man who is the parent of a child as established in accordance with the provisions of the "Uniform Parentage Act", article 4 of this title, prior to the termination of parental rights. (16) "Board", as used in article 3.5 of this title, means the Colorado children's trust fund board created in section 19-3.5-104. (16.5) "Case management purposes", as used in section 19-1-303, means assessments, evaluations, treatment, education, proper disposition or placement of the child, interagency coordination, and other services that are incidental to the administration of the program and in the best interests of the child. (17) "Chief justice", as used in part 3 of article 5 of this title, means the chief justice of the Colorado supreme court. (18) "Child" means a person under eighteen years of age. (19) "Child abuse", as used in article 3.5 of this title, means any act that reasonably may be construed to fall under the definition of abuse or child abuse or neglect in subsection (1) of this section. (19.5) "Child advocacy center", as used in part 3 of article 3 of this title, means a center that provides a comprehensive multi-disciplinary team response to allegations of child abuse or neglect in a dedicated, child-friendly setting. The team response to allegations of child abuse or neglect includes, but is not limited to, technical assistance for forensic interviews, forensic medical examinations, mental health and related support services, consultation, training, and education. (20) "Child care center" means a child care center licensed and approved pursuant to article 6 of title 26, C.R.S. If such facility is located in another state, it shall be designated by the Colorado Revised Statutes 2019 Page 5 of 445 Uncertified Printout department of human services upon certification that no appropriate available space exists in a child care facility in this state and shall be licensed or approved as required by law in that state. (21) "Child placement agency" means an agency licensed or approved pursuant to law. If such agency is located in another state, it shall be licensed or approved as required by law in that state. (22) "Child protection team", as used in part 3 of article 3 of this title, means a multidisciplinary team consisting, where possible, of a physician, a representative of the juvenile court or the district court with juvenile jurisdiction, a representative of a local law enforcement agency, a representative of the county department, a representative of a mental health clinic, a representative of a county, district, or municipal public health agency, an attorney, a representative of a public school district, and one or more representatives of the lay community, at least one of whom shall be a person who serves as a foster parent in the county. Each public agency may have more than one participating member on the team; except that, in voting on procedural or policy matters, each public agency shall have only one vote. In no event shall an attorney member of the child protection team be appointed as guardian ad litem for the child or as counsel for the parents at any subsequent court proceedings, nor shall the child protection team be composed of fewer than three persons. When any racial, ethnic, or linguistic minority group constitutes a significant portion of the population of the jurisdiction of the child protection team, a member of each such minority group shall serve as an additional lay member of the child protection team. At least one of the preceding members of the team shall be chosen on the basis of representing low-income families. The role of the child protection team shall be advisory only. (23) "Citizen review panel", as used in section 19-3-211, means the panel created in a county by the board of county commissioners or in a city and county by the city council that shall review and make recommendations regarding grievances referred to the panel by the county director pursuant to the conflict resolution process. (23.5) "Commercial sexual exploitation of a child" means a crime of a sexual nature committed against a child for financial or other economic reasons. (24) "Commit", as used in article 2 of this title, means to transfer legal custody. (24.5) "Community placement" means the placement of a child for whom the state department of human services or a county department has placement and care responsibility pursuant to article 2 or 3 of this title in any licensed or certified twenty-four-hour, non-secure, care and treatment facility away from the child's parent or guardian. "Community placement" includes, but is not limited to, placement in a foster care home, group home, residential child care facility, or residential treatment facility. (25) "Complainant", as used in section 19-3-211, means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department in accordance with the provisions of section 19-3-211. (26) "Confidential intermediary", as used in part 3 of article 5 of this title, means a person twenty-one years of age or older who has completed a training program for confidential intermediaries that meets the standards set forth by the commission pursuant to section 19-5-303 and who is authorized to inspect confidential relinquishment and adoption records at the request of an adult adoptee, adoptive parent, biological parent, or biological sibling. Colorado Revised Statutes 2019 Page 6 of 445 Uncertified Printout (27) "Confirmed", as used in part 3 of article 3 of this title, means any report made pursuant to article 3 of this title that is found by a county department, law enforcement agency, or entity authorized to investigate institutional abuse to be supported by a preponderance of the evidence. (28) "Consent", as used in part 3 of article 5 of this title, means voluntary, informed, written consent. When used in the context of confidential intermediaries, "consent" always shall be preceded by an explanation that consent permits the confidential intermediary to arrange a personal contact among biological relatives. "Consent" may also mean the agreement for contact or disclosure of records by any of the parties identified in section 19-5-304 (2) as a result of an inquiry by a confidential intermediary pursuant to section 19-5-304. (28.5) "Consent form", as used in section 19-5-305 (3), means a verified written statement signed by an adult adoptee or an adult adoptee's consenting birth parent or an adoptive parent of a minor adoptee that has been notarized and that authorizes the release of adoption records or identifying information, to the extent available, by a licensed child placement agency. (28.6) "Contact information" means information supplied voluntarily by a birth parent on a contact preference form, including the name of the birth parent at the time of relinquishment of the adoptee; the alias, if any, used at the time of relinquishment of the adoptee; and the current name, current address, and current telephone number of the birth parent. (28.7) (a) "Contact preference form" means a written statement signed by a birth parent indicating whether the birth parent prefers future contact with an adult adoptee, an adult descendant of the adoptee, or a legal representative of the adoptee or the descendant and, if contact is preferred, whether the contact should be through a confidential intermediary or a designated employee of a child placement agency. (b) Repealed. (29) "Continuously available", as used in section 19-3-308 (4), means the assignment of a person to be near an operable telephone not necessarily located in the premises ordinarily used for business by the county department or to have such arrangements made through agreements with local law enforcement agencies. (29.3) "Convicted" or "conviction", as used in section 19-5-105.5, means a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, C.R.S., a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court, or having received a disposition as a juvenile or having been adjudicated a juvenile delinquent based on the commission of any act that constitutes sexual assault, as defined in subsection (96.5) of this section. (29.5) Repealed. (30) "Cost of care" means the cost to the department or the county for a child placed out of the home or charged with the custody of the juvenile for providing room, board, clothing, education, medical care, and other normal living expenses for a child placed out of the home or to a juvenile sentenced to a placement out of the home, as determined by the court. As used in this title, "cost of care" also includes any costs associated with maintenance of a juvenile in a home detention program, supervision of probation when the juvenile is granted probation, or supervision of parole when the juvenile is placed on parole. (31) "Counsel" means an attorney-at-law who acts as a person's legal advisor or who represents a person in court. Colorado Revised Statutes 2019 Page 7 of 445 Uncertified Printout (31.5) "County attorney" means the office of the county attorney or city attorney representing a county or a city and county and includes the attorneys employed or retained by such county or city and county. (32) (a) "County department", as used in this article and part 2, part 3, and part 7 of article 3 of this title and part 2 of article 5 of this title, means the county or district department of human or social services. (b) "County department" means a county or a city and county department of human or social services. (33) "County director", as used in section 19-3-211 and part 3 of article 3 of this title, means the county director or district director appointed pursuant to section 26-1-117, C.R.S. (34) "Court", as used in part 3 of article 5 of this title, means any court of record with jurisdiction over the matter at issue. (34.3) "Court-appointed special advocate" or "CASA volunteer" means a volunteer appointed by a court pursuant to the provisions of part 2 of this article to assist in advocacy for children. (34.5) "Court-appointed special advocate program" or "CASA program" means a program established pursuant to the provisions of part 2 of this article. (34.6) "Criminal justice agency", as used in section 19-1-303, shall have the same meaning as set forth in section 24-72-302 (3), C.R.S. (34.7) "Crossover youth plan" means the portion of the annual plan as set forth in section 19-2-211 devised in each judicial district by the juvenile services planning committee that outlines identification and notification of dually identified crossover youth as described in section 19-2-211 (2). (34.8) "Custodial adoption", as used in part 2 of article 5 of this title 19, means an adoption of a child by any person and such person's spouse, as required under section 19-5-202 (3), who: (a) Has been awarded custody or allocated parental responsibilities by a court of law in a dissolution of marriage, custody or allocation of parental responsibilities proceeding, or has been awarded guardianship of the child by a court of law in a probate action, such as pursuant to part 2 of article 14 of title 15; and (b) Has had physical custody of the child for a period of one year or more. (35) "Custodian" means a person who has been providing shelter, food, clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court. (35.3) (a) (I) "Custodian of records", as used in section 19-5-305 (1.5) and (2) and as used in section 19-5-305.5, means any of the following individuals or entities that have custody of records relating to the relinquishment or adoption of a child: (A) A court; (B) A state agency; or (C) The legal agent or representative of any entity described in sub-subparagraphs (A) and (B) of this paragraph (I). (II) "Custodian of records", as used in section 19-5-305 (1.5) and (2) and as used in section 19-5-305.5, does not include a licensed child placement agency. (b) "Custodian of records", as used in section 19-5-109, means an entity that has custody of records relating to the relinquishment of a child, including a court, state agency, licensed child placement agency, maternity home, or the legal agent or representative of any such entity. Colorado Revised Statutes 2019 Page 8 of 445 Uncertified Printout (36) "Delinquent act", as used in article 2 of this title 19, means a violation of any statute, ordinance, or order enumerated in section 19-2-104 (1)(a). If a juvenile is alleged to have committed or is found guilty of a delinquent act, the classification and degree of the offense is determined by the statute, ordinance, or order that the petition alleges was violated. "Delinquent act" does not include truancy or habitual truancy. (37) "Department", as used in article 5 of this title, means the department of human services. (38) "Deprivation of custody" means the transfer of legal custody by the court from a parent or a previous legal custodian to another person, agency, or institution. (39) "Designated adoption" means an adoption in which: (a) The birth parent or parents designate a specific applicant with whom they wish to place their child for purposes of adoption; and (b) The anonymity requirements of section 19-1-309 are waived. (40) "Detention" means the temporary care of a child who requires secure custody in physically restricting facilities pending court disposition or an execution of a court order for placement or commitment. (40.5) "Determinate period", as used in article 2 of this title, means that the department of human services may not transfer legal or physical custody of a juvenile until the juvenile has completed the period of commitment imposed by the court, unless otherwise ordered by the court; except that the department may release the juvenile on parole prior to completion of the determinate period, as provided in section 19-2-1002. (41) "Diagnostic and evaluation center", as used in article 2 of this title, means a facility for the examination and study of persons committed to the custody of the department of human services. (42) "Director", as used in section 19-2-303, means the executive director of the department of public safety. (42.5) "Disability" has the same meaning 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. (43) "Dispositional hearing" means a hearing to determine what order of disposition should be made concerning a child who is neglected or dependent. Such hearing may be part of the proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing. (44) (a) "Diversion" means a decision made by a person with authority or a delegate of that person that results in specific official action of the legal system not being taken in regard to a specific juvenile or child and in lieu thereof providing or referring the juvenile or child to individually designed program or activity, if necessary, provided by district attorney's offices, governmental units, or nongovernmental units. The goal of diversion is to prevent further involvement of the juvenile or child in the formal legal system. (b) Diversion of a juvenile or child may take place either at the prefiling level as an alternative to the filing of a petition pursuant to section 19-2-512 or postfiling as an alternative to adjudication. Services may include restorative justice practices as defined in section 19-1-103 (94.1). (44.5) "Donor", as used in section 19-4-106, means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. "Donor" does not include Colorado Revised Statutes 2019 Page 9 of 445 Uncertified Printout a husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife. (44.7) "Dually identified crossover youth" means youth who are currently involved in the juvenile justice system and the child welfare system or have a history in the child welfare system that includes, but is not limited to, a family assessment response service plan or an open case. (45) "Emancipated juvenile", as used in section 19-2-511, means a juvenile over fifteen years of age and under eighteen years of age who has, with the real or apparent assent of the juvenile's parents, demonstrated independence from the juvenile's parents in matters of care, custody, and earnings. The term may include, but shall not be limited to, any such juvenile who has the sole responsibility for the juvenile's own support, who is married, or who is in the military. (46) (Deleted by amendment, L. 96, p. 1684, § 12, effective January 1, 1997.) (47) (a) "Estate", as used in section 19-2-114, means any tangible or intangible properties, real or personal, belonging to or due to a person, including income or payments to such person from previously earned salary or wages, bonuses, annuities, pensions, or retirement benefits, or any source whatsoever except federal benefits of any kind. (b) (I) Real property that is held in joint ownership or ownership in common with the juvenile's spouse, while being used and occupied by the spouse as a place of residence, shall not be considered a part of the estate of the juvenile for the purposes of section 19-2-114. (II) Real property that is held by the juvenile's parent, while being used and occupied by such parent as a place of residence, shall not be considered a part of the estate of the parent for the purposes of section 19-2-114. (47.5) "Executive director", as used in article 3.3 of this title, means the executive director of the department of human services. (48) "Expungement", as used in section 19-1-306, means the designation of juvenile delinquency records whereby such records are deemed never to have existed. (49) "Family child care home" means a family child care home licensed and approved pursuant to article 6 of title 26, C.R.S. If such facility is located in another state, it shall be designated by the department of human services upon certification that no appropriate available space exists in a facility in this state and shall be licensed or approved as required by law in that state. (50) (Deleted by amendment, L. 96, p. 1684, § 12, effective January 1, 1997.) (51) "Fire investigator" means a person who: (a) Is an officer or member of a fire department, fire protection district, or fire fighting agency of the state or any of its political subdivisions; (b) Is engaged in conducting or is present for the purpose of engaging in the conduct of a fire investigation; and (c) Is either a volunteer or is compensated for services rendered by the person. (51.3) "Foster care" means the placement of a child into the legal custody or legal authority of a county department of human or social services for physical placement of the child in a kinship care placement or certified or licensed facility or the physical placement of a juvenile committed to the custody of the state department of human services into a community placement. Colorado Revised Statutes 2019 Page 10 of 445 Uncertified Printout (51.5) "Foster care home" means a foster care home certified pursuant to article 6 of title 26, C.R.S. (51.7) "Foster care prevention services" means mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal "Family First Prevention Services Act" that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement. (52) "Gang", as used in sections 19-2-205 and 19-2-508, means a group of three or more individuals with a common interest, bond, or activity, characterized by criminal or delinquent conduct, engaged in either collectively or individually. (53) "Good faith mistake", as used in section 19-2-803, means a reasonable error of judgment concerning the existence of facts or law that, if true, would be sufficient to constitute probable cause. (54) "Governing body", as used in section 19-3-211, means the board of county commissioners of a county or the city council of a city and county. (55) "Governmental unit", as used in section 19-2-303, means any county, city and county, city, town, judicial district attorney office, or school district. (56) (a) "Grandparent" means a person who is the parent of a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage. (b) "Grandparent", as used in sections 19-1-117 and 19-1-117.5, has the same meaning as set forth in paragraph (a) of this subsection (56); except that "grandparent" does not include the parent of a child's legal father or mother whose parental rights have been terminated in accordance with sections 19-5-101 and 19-1-104 (1)(d). (56.5) "Great-grandparent", as used in sections 19-1-117 and 19-1-117.5, means a person who is the grandparent of a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage. "Great-grandparent" does not include the grandparent of a child's legal father or mother whose parental rights have been terminated in accordance with sections 19-5-101 and 19-1-104 (1)(d). (57) "Grievance", as used in section 19-3-211, means a dispute between a complainant and a county department concerning the conduct of county department personnel in performing their duties pursuant to article 3 of this title. (58) "Group care facilities and homes" means places other than foster family care homes providing care for small groups of children that are licensed as provided in article 6 of title 26, C.R.S., or meet the requirements of section 25.5-10-214, C.R.S. (59) "Guardian ad litem" means a person appointed by a court to act in the best interests of a person whom the person appointed is representing in proceedings under this title and who, if appointed to represent a person in a dependency and neglect proceeding under article 3 of this title, shall be an attorney-at-law licensed to practice in Colorado. (60) "Guardianship of the person" means the duty and authority vested by court action to make major decisions affecting a child, including, but not limited to: (a) The authority to consent to marriage, to enlistment in the armed forces, and to medical or surgical treatment; (b) The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning the child; Colorado Revised Statutes 2019 Page 11 of 445 Uncertified Printout (c) The authority to consent to the adoption of a child when the parent-child legal relationship has been terminated by judicial decree; and (d) The rights and responsibilities of legal custody when legal custody has not been vested in another person, agency, or institution. (61) "Habitual juvenile offender", as used in section 19-2-517, means a juvenile offender who has previously been twice adjudicated a juvenile delinquent for separate delinquent acts, arising out of separate and distinct criminal episodes, that constitute felonies. (61.5) "Half-sibling" shall have the same meaning as biological sibling provided in subsection (14) of this section. (62) "Halfway house", as used in article 2 of this title, means a group care facility for juveniles who have been placed on probation or parole under the terms of this title. (62.5) "Human trafficking of a minor for involuntary servitude" means an act as described in section 18-3-503. (62.6) "Human trafficking of a minor for sexual servitude" means an act as described in section 18-3-504 (2). (63) "Identifying" means giving, sharing, or obtaining information. (63.5) "Identifying information", as used in section 19-5-305 (3), means copies of any adoption records, as that term is defined in subsection (6.5) of this section, that are in the possession of the child placement agency. "Identifying information" also includes the name of the adoptee before placement in adoption; the name and address of each consenting birth parent as they appear in the birth records; the current name, address, and telephone number of the adult adoptee; and the current name, address, and telephone number of each consenting birth parent to the extent such information is available to the child placement agency. (64) "Imminent placement out of the home", as used in section 19-1-116 (2), means that without intercession the child will be placed out of the home immediately. (65) "Independent living" means a form of placement out of the home arranged and supervised by the county department of human or social services where the child is established in a living situation designed to promote and lead to the child's emancipation. Independent living must only follow some other form of placement out of the home. (65.3) "Indian child" means an unmarried person who is younger than eighteen years of age and who is either: (a) A member of an Indian tribe; or (b) Eligible for membership in an Indian tribe and who is the biological child of a member of an Indian tribe. (65.5) "Indian child's tribe" means: (a) The Indian tribe in which an Indian child is a member or eligible for membership; or (b) In the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the most significant contacts. (65.7) "Indian tribe" means an Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the federal governmental services provided to Indians because of their status as Indians. (66) "Institutional abuse", as used in part 3 of article 3 of this title 19, means any case of abuse, as defined in subsection (1) of this section, that occurs in any public or private facility in the state that provides child care out of the home, supervision, or maintenance. "Institutional abuse" includes an act or omission that threatens the life, health, or welfare of a child or a person Colorado Revised Statutes 2019 Page 12 of 445 Uncertified Printout who is younger than twenty-one years of age who is under the continuing jurisdiction of the court pursuant to this title 19. "Institutional abuse" does not include abuse that occurs in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides extended day services, abuse that occurs while such services are provided is institutional abuse. For the purposes of this subsection (66), "facility" means a residential child care facility, specialized group facility, foster care home, family child care home, or any other facility subject to the Colorado "Child Care Licensing Act", part 1 of article 6 of title 26; noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department; or a facility or community placement, as described in section 19-2-403, for a juvenile committed to the custody of the department of human services. "Facility" does not include any adult detention or correctional facility. (67) "Intrafamilial abuse", as used in part 3 of article 3 of this title, means any case of abuse, as defined in subsection (1) of this section, that occurs within a family context by a child's parent, stepparent, guardian, legal custodian, or relative, by a spousal equivalent, as defined in subsection (101) of this section, or by any other person who resides in the child's home or who is regularly in the child's home for the purpose of exercising authority over or care for the child; except that "intrafamilial abuse" shall not include abuse by a person who is regularly in the child's home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child. (68) "Juvenile", as used in article 2 of this title, means a child as defined in subsection (18) of this section. (69) "Juvenile community review board", as used in article 2 of this title 19, means any board appointed by a board of county commissioners for the purpose of reviewing community placements under article 2 of this title 19. The board, if practicable, includes but is not limited to a representative from a county department of human or social services, a local school district, a local law enforcement agency, a local probation department, a local bar association, the division of youth services, and private citizens. (70) "Juvenile court" or "court" means the juvenile court of the city and county of Denver or the juvenile division of the district court outside of the city and county of Denver. (71) "Juvenile delinquent", as used in article 2 of this title, means a juvenile who has been found guilty of a delinquent act. (71.3) "Kin", for purposes of a "kinship foster care home" or for purposes of "noncertified kinship care", may be a relative of the child, a person ascribed by the family as having a family-like relationship with the child, or a person that has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child. (71.5) "Kinship adoption", as used in part 2 of article 5 of this title, means an adoption of a child by a relative of the child and such relative's spouse, as required under section 19-5-202 (3), who: (a) Is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first cousin; and (b) Has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title. Colorado Revised Statutes 2019 Page 13 of 445 Uncertified Printout (72) "Law enforcement officer" means a peace officer, as described in section 16-2.5101, C.R.S. (73) (a) "Legal custody" means the right to the care, custody, and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or other extraordinary care. "Legal custody" may be taken from a parent only by court action. (b) For purposes of determining the residence of a child as provided in section 22-1-102 (2)(b), C.R.S., guardianship shall be in the person to whom legal custody has been granted by the court. (73.5) (a) "Legal representative", as used in sections 19-5-304 and 19-5-305, means the person designated by a court to act on behalf of any person described in section 19-5-304 (1)(b)(I) or 19-5-305 (2). (b) For purposes of the term "legal representative", as used in section 19-5-304 and 19-5305 and as defined in paragraph (a) of this subsection (73.5), "legal guardian" shall not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity. (74) "Local law enforcement agency", as used in part 3 of article 3 of this title, means a police department in incorporated municipalities or the office of the county sheriff. (75) "Locating" means engaging in the process of searching for or seeking out. (76) "Mental health hospital placement prescreening" means a face-to-face mental health examination, conducted by a mental health professional, to determine whether a child should be placed in a facility for evaluation pursuant to section 27-65-105 or 27-65-106, C.R.S., and may include consultation with other mental health professionals and review of all available records on the child. (77) "Mental health professional" means a person licensed to practice medicine or psychology in this state or any person on the staff of a facility designated by the executive director of the department of human services for seventy-two-hour treatment and evaluation authorized by the facility to do mental health hospital placement prescreenings and under the supervision of a person licensed to practice medicine or psychology in this state. (77.5) "Need to know", as used in section 19-1-303, means agencies or individuals who need access to certain information for the care, treatment, supervision, or protection of a child. (78) "Neglect", as used in part 3 of article 3 of this title, means acts that can reasonably be construed to fall under the definition of child abuse or neglect as defined in subsection (1) of this section. (78.5) "Newborn child" means a child who is less than seventy-two hours old. (78.7) "Noncertified kinship care" means a child is being cared for by a relative or kin who has a significant relationship with the child in circumstances when there is a safety concern by a county department and where the relative or kin has not met the foster care certification requirements for a kinship foster care home or has chosen not to pursue that certification process. (79) "Nongovernmental agency", as used in section 19-2-303, means any person, private nonprofit agency, corporation, association, or other nongovernmental agency. (80) "Nonidentifying information", as used in part 4 of article 5 of this title, means information that does not disclose the name, address, place of employment, or any other material Colorado Revised Statutes 2019 Page 14 of 445 Uncertified Printout information that would lead to the identification of the birth parents and that includes, but is not limited to, the following: (a) The physical description of the birth parents; (b) The educational background of the birth parents; (c) The occupation of the birth parents; (d) Genetic information about the birth family; (e) Medical information about the adult adoptee's birth; (f) Social information about the birth parents; (g) The placement history of the adoptee. (81) "Nonpublic agency interstate and foreign adoption", as used in section 19-5-205.5, means an interstate or foreign adoption that is handled by a private, licensed child placement agency. (82) (a) "Parent" means either a natural parent of a child, as may be established pursuant to article 4 of this title, or a parent by adoption. (b) "Parent", as used in sections 19-1-114, 19-2-514, and 19-2-515, includes a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. For the purposes of section 19-1-114, "parent" does not include a person whose parental rights have been terminated pursuant to the provisions of this title or the parent of an emancipated minor. (83) (Deleted by amendment, L. 96, p. 1684, § 12, effective January 1, 1997.) (83.5) "Permanency hearing" means a hearing in which the permanency plan for a child in foster care is determined by the court. (84) "Physical custodian", as used in section 19-2-511, means a guardian, whether or not appointed by court order, with whom the juvenile has resided. (85) "Placement out of the home" means placement for twenty-four-hour residential care in any facility or center operated or licensed by the department of human services, but the term does not include any placement that is paid for totally by private moneys or any placement in a home for the purposes of adoption in accordance with section 19-5-205. "Placement out of the home" may be voluntary or court-ordered. "Placement out of the home" includes independent living. (85.5) (a) "Post-adoption record", as used in part 3 of article 5 of this title, means information contained in the files subsequent to the completion of an adoption proceeding. (b) The post-adoption record may contain information concerning, but not limited to: (I) The written inquiries from persons requesting access to records; (II) The search efforts of the confidential intermediary; (III) The response, if any, to those search efforts by the persons sought; (IV) Any updated medical information gathered pursuant to part 3 of article 5 of this title; and (V) Any personal identifying information concerning any persons subject to the provisions of part 3 of article 5 of this title. (86) "Prevention program", as used in article 3.5 of this title, means a program of direct child abuse prevention services to a child, parent, or guardian and includes research or education programs related to the prevention of child abuse. Such a prevention program may be classified as a primary prevention program when it is available to the community on a voluntary basis and Colorado Revised Statutes 2019 Page 15 of 445 Uncertified Printout as a secondary prevention program when it is directed toward groups of individuals who have been identified as high risk. (87) "Protective supervision" means a legal status created by court order under which the child is permitted to remain in the child's home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court. (87.5) "Public adoption", as used in part 2 of article 5 of this title 19, means an adoption involving a child who is in the legal custody and guardianship of the county department of human or social services that has the right to consent to adoption for that child. (87.7) "Qualified individual" means a trained professional or licensed clinician, as defined in the federal "Family First Prevention Services Act". (87.9) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with section 201(a)(4) of the federal "Family First Prevention Services Act", and is able to implement the treatment identified for the child or youth by the assessment of the child required in section 19-1-115 (4)(e)(I). (88) (Deleted by amendment, L. 96, p. 1684, § 12, effective January 1, 1997.) (89) "Reasonable efforts", as used in articles 1, 2, and 3 of this title, means the exercise of diligence and care throughout the state of Colorado for children who are in out-of-home placement, or are at imminent risk of out-of-home placement. In determining whether it is appropriate to provide, purchase, or develop the supportive and rehabilitative services that are required to prevent unnecessary placement of a child outside of a child's home or to foster the safe reunification of a child with a child's family, as described in section 19-3-208, or whether it is appropriate to find and finalize an alternative permanent plan for a child, and in making reasonable efforts, the child's health and safety shall be the paramount concern. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (89). Nothing in this subsection (89) shall be construed to conflict with federal law. (90) "Receiving center", as used in article 2 of this title, means a facility used to provide temporary detention and care for juveniles by the department of human services pending placement in a training school, camp, or other facility. (91) "Recipient", as used in article 3.5 of this title, means and is limited to a nonprofit or public organization that receives a grant from the trust fund created in section 19-3.5-106. (91.5) "Record", as used in section 19-4-106, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (91.7) "Register of actions" means those portions of the electronic case management system necessary to carry out a statutory purpose or the duties of a court appointment. (92) "Residential community placement", as used in article 2 of this title, means any placement for residential purposes permitted under this title except in an institutional facility directly operated by, or a secure facility under contract with, the department of human services and except while a juvenile is under the jurisdiction of the juvenile parole board. (93) "Residual parental rights and responsibilities", as used in article 3 of this title, means those rights and responsibilities remaining with the parent after legal custody, Colorado Revised Statutes 2019 Page 16 of 445 Uncertified Printout guardianship of the person, or both have been vested in another person, agency, or institution, including, but not necessarily limited to, the responsibility for support, the right to consent to adoption, the right to reasonable parenting time unless restricted by the court, and the right to determine the child's religious affiliation. (94) "Responsible person", as used in part 3 of article 3 of this title, means a child's parent, legal guardian, or custodian or any other person responsible for the child's health and welfare. (94.1) "Restorative justice" means those practices that emphasize repairing the harm to the victim and the community caused by criminal acts. Restorative justice practices may include victim-offender conferences attended voluntarily by the victim, a victim advocate, the offender, community members, and supporters of the victim or the offender that provide an opportunity for the offender to accept responsibility for the harm caused to those affected by the crime and to participate in setting consequences to repair the harm. Consequences recommended by the participants may include, but need not be limited to, apologies, community service, restoration, and counseling. The selected consequences are incorporated into an agreement that sets time limits for completion of the consequences and is signed by all participants. Any statements made during the restorative justice process are confidential and shall not be used against the juvenile, or as a basis for charging or prosecuting the juvenile, unless the juvenile commits a chargeable offense during the process. Nothing precludes a person from reporting child abuse or neglect when required under section 19-3-304, or a mental health provider from complying with a duty to warn under section 13-21-117 (2). (94.2) "Reunited parties", as used in section 19-5-305, means any two persons who qualify as and meet any specified requirements for parties under the list of individuals in section 19-5-304 (1)(b)(I). (94.3) "School", as used in sections 19-1-303 and 19-1-304, means a public or parochial or other nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one to twelve. "Basic academic education" has the same meaning as set forth in section 22-33-104 (2)(b), C.R.S. (94.5) "Screening team" means the person or persons designated, pursuant to rule 3.7 of the Colorado rules of juvenile procedure, by the chief judge in each judicial district or, for the second judicial district, the presiding judge of the Denver juvenile court to make recommendations to the juvenile court concerning whether a juvenile taken into temporary custody should be released or admitted to a detention or shelter facility pursuant to section 19-2508. (95) "Sentencing hearing", as used in article 2 of this title, means a hearing to determine what sentence shall be imposed on a juvenile delinquent or what other order of disposition shall be made concerning a juvenile delinquent, including commitment. Such hearing may be part of the proceeding that includes the adjudicatory trial, or it may be held at a time subsequent to the adjudicatory trial. (96) "Services", as used in section 19-2-303, may include, but is not limited to, provision of diagnostic needs assessment, general counseling and counseling during a crisis situation, specialized tutoring, job training and placement, restitution programs, community service, constructive recreational activities, day reporting and day treatment programs, and follow-up activities. Colorado Revised Statutes 2019 Page 17 of 445 Uncertified Printout (96.5) "Sexual assault", as used in sections 19-5-105, 19-5-105.5, and 19-5-105.7, means: (a) "Sexual assault" as defined in section 18-3-402, C.R.S.; (b) "Sexual assault on a child" as defined in section 18-3-405, C.R.S.; (c) "Sexual assault on a child by one in a position of trust" as defined in section 18-3405.3, C.R.S.; (d) "Sexual assault on a client by a psychotherapist" as defined in section 18-3-405.5, C.R.S.; or (e) "Unlawful sexual contact" as defined in section 18-3-404, C.R.S. (97) "Sexual conduct", as used in section 19-3-304 (2.5), means any of the following: (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals; (b) Penetration of the vagina or rectum by any object; (c) Masturbation; (d) Sexual sadomasochistic abuse. (98) "Shelter" means the temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement. (98.5) "Sibling group", as used in article 3 and article 5 of this title 19, means biological siblings. (99) "Special county attorney", as used in article 3 of this title 19, means an attorney hired by a county attorney or city attorney of a city and county or hired by a county department of human or social services with the concurrence of the county attorney or city attorney of a city and county to prosecute dependency and neglect cases. (100) "Special respondent", as used in article 3 of this title 19, means any person who is not a parent, guardian, or legal custodian and who is voluntarily or involuntarily joined in a dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a treatment plan, and for the grounds outlined in sections 19-3-502 (6) and 19-3-503 (4). (101) "Spousal equivalent" means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent. (101.5) "Staff secure facility" means a group facility or home at which each juvenile is continuously under staff supervision and at which all services, including but not limited to education and treatment, are provided on site. A staff secure facility may or may not be a locked facility. (101.7) "Standardized behavioral or mental health disorder screening" means the behavioral or mental health disorder screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102. (102) "State board", as used in part 3 of article 3 of this title, means the state board of human services. (103) "State department", as used in section 19-3-211, part 3 of article 3 of this title, and article 3.3 of this title, means the department of human services created by section 24-1-120, C.R.S. (103.5) "State registrar" means the state registrar of vital statistics in the department of public health and environment. (103.7) "Status offense" shall have the same meaning as is defined in federal law in 28 CFR 31.304, as amended. Colorado Revised Statutes 2019 Page 18 of 445 Uncertified Printout (104) "Stepparent" means a person who is married to a parent of a child but who has not adopted the child. (105) "Technical violation", as used in section 19-2-803, means a reasonable, good faith reliance upon a statute that is later ruled unconstitutional, a warrant that is later invalidated due to a good faith mistake, or a court precedent that is later overruled. (106) "Temporary holding facility" means an area used for the temporary holding of a child from the time that the child is taken into temporary custody until a detention hearing is held, if it has been determined that the child requires a staff-secure setting. Such an area must be separated by sight and sound from any area that houses adult offenders. (106.5) "Temporary shelter" means the temporary placement of a child with kin, as defined in subsection (71.3) of this section; with an adult with a significant relationship with the child; or in a licensed and certified twenty-four-hour care facility. (107) "Termination of the parent-child legal relationship", as used in articles 3 and 5 of this title, means the permanent elimination by court order of all parental rights and duties, including residual parental rights and responsibilities, as provided in section 19-3-608. (108) "Third-party abuse", as used in part 3 of article 3 of this title, means a case in which a child is subjected to abuse, as defined in subsection (1) of this section, by any person who is not a parent, stepparent, guardian, legal custodian, spousal equivalent, as defined in subsection (101) of this section, or any other person not included in the definition of intrafamilial abuse, as defined in subsection (67) of this section. (109) "Training school", as used in article 2 of this title, means an institution providing care, education, treatment, and rehabilitation for juveniles in a closed setting and includes a regional center established in part 3 of article 10.5 of title 27, C.R.S. (109.5) "Trauma-informed" refers to the services to be provided to or on behalf of a child or youth under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma's consequences and facilitate healing. (110) "Trust fund", as used in article 3.5 of this title, means the Colorado children's trust fund created in section 19-3.5-106. (111) "Unfounded report", as used in part 3 of article 3 of this title, means any report made pursuant to article 3 of this title that is not supported by a preponderance of the evidence. (111.5) "Updated medical history statement" means a written narrative statement dated and signed by a birth parent about the medical history of the birth parent or other biological relatives of the adoptee that can be voluntarily submitted by the birth parent to the state registrar for future disclosure to the birth parent's adult child who is an adult adoptee or an adult descendant of the adoptee or legal representative of such person in accordance with the provisions of section 19-5-305 (1.5). (112) (a) "Victim", as used in article 2 of this title, means the party immediately and directly aggrieved by the juvenile, that party's spouse, the party's parent, sibling, or child who is living with the party, a victim compensation board that has paid a victim compensation claim, a person or entity who has suffered losses because of a contractual relationship with such party, including, but not limited to, an insurer, or because of liability under section 14-6-110, C.R.S., or, in the absence of any of the above, the state. Colorado Revised Statutes 2019 Page 19 of 445 Uncertified Printout (b) "Victim", as used in section 19-5-105.5, means any natural person against whom a crime of sexual assault or a crime in which the underlying factual basis was sexual assault has been perpetrated or is alleged to have been perpetrated. (113) "Youth" means an individual who is less than twenty-one years of age. Source: L. 87: Entire title R&RE, p. 696, § 1, effective October 1. L. 88: (11.5) added, p. 748, § 1, effective March 18; (3) amended, p. 741, § 1, effective July 1; (3.5) added, p. 750, § 1, effective July 1. L. 89: (27) added, p. 926, § 1, effective April 23. L. 90: (9.5)(b) amended, p. 1011, § 3, effective July 1. L. 91: (12.5) added, p. 263, § 5, effective May 31. L. 92: (2.5) added, p. 220, § 2, effective July 1. L. 93: (22) amended, p. 1134, § 64, effective July 1, 1994. L. 94: (12.3) added, p. 910, § 5, effective April 28; (2.5), (5), (12), (20), and (23) amended, p. 2658, § 144, effective July 1. L. 96: Entire section R&RE, p. 68, § 1, effective March 20; (34.3) and (34.5) added, p. 1089, § 1, effective May 23; (49) amended and (51.5) added, p. 264, § 13, effective July 1; (66) amended, p. 265, § 15, effective July 1; (1)(b), (2), (12), (30), (36), (44), (45), (46), (47), (50), (52), (53), (61), (69), (82)(b), (83), (84), (88), (92), (95), (96), and (105) amended and (40.5), (94.5), and (101.5) added, p. 1684, § 12, effective January 1, 1997; (48) amended and (16.5) and (77.5) added, p. 1174, § 10, effective January 1, 1997; (112) added, p. 1783, § 12, effective January 1, 1997. L. 97: (1), (23), (25), and (57) amended, p. 1431, § 6, effective July 1; (8) and (37) amended and (61.5) added, p. 1167, § 14, effective July 1; (32)(a) amended, p. 150, § 2, effective July 1. L. 98: (51.3) added and (89) amended, p. 1417, § 2, effective July 1; (82)(b) amended, p. 1404, § 60, effective February 1, 1999. L. 99: (87.5) added, p. 1025, § 6, effective May 29; (34.7) and (71.5) added and (107) amended, pp. 1061, 1062, §§ 1, 2, effective June 1; (6.5), (28.5), (63.5), and (85.5) added and (28) amended, p. 1129, § 1, effective July 1; (24.5) added, p. 908, § 2, effective July 1; (112) amended, p. 624, § 21, effective August 4. L. 2000: (10.5), (34.6), and (94.3) added, p. 320, § 7, effective April 7; (29.5) added, p. 1723, § 6, effective June 1; (94.3) added, p. 1965, § 9, effective June 2; (14) and (32)(a) amended and (98.5) added, p. 474, § 1, effective July 1; (28.5) and (63.5) amended and (73.5) and (94.2) added, p. 1367, § 1, effective July 1. L. 2001: (5) and (89) amended and (83.5) added, p. 841, § 2, effective June 1; (1)(b) and (27) amended, p. 853, § 1, effective July 1. L. 2002: (1)(a)(II) amended, p. 568, § 1, effective May 24; (76) and (77) amended and (101.7) added, p. 574, § 4, effective May 24; (65.3), (65.5), and (65.7) added, p. 783, § 2, effective May 30; (1)(a)(II) amended, p. 1192, § 43, effective July 1; (1)(a)(II) amended, p. 1592, § 29, effective July 1. L. 2003: (48) amended, p. 1991, § 32, effective May 22; (1)(a) amended, p. 819, § 1, effective July 1; (44.5) and (91.5) added, p. 1266, § 54, effective July 1; (1)(b) and (72) amended, pp. 1622, 1619, §§ 36, 28, effective August 6; (29.5) repealed, p. 1401, § 5, effective January 1, 2004. L. 2004: (19.5) added, p. 807, § 2, effective May 21; (78.5) added, p. 430, § 3, effective July 1. L. 2005: (1)(a)(VII) added, p. 587, § 1, effective July 1; (6.7), (28.6), (28.7), (103.5), and (111.5) added and (9) and (13) amended, p. 991, § 3, effective July 1. L. 2006: (103.7) added and (106) amended, p. 256, § 1, effective March 31; (51.3) amended, p. 507, § 1, effective April 18. L. 2007: (30) amended, p. 1506, § 2, effective May 31. L. 2008: (44) amended and (94.1) added, p. 225, § 1, effective March 31; (31.5) and (91.7) added, p. 1241, § 2, effective August 5. L. 2010: (76) amended, (SB 10-175), ch. 188, p. 788, § 36, effective April 29; (32) and (103) amended and (47.5) added, (SB 10-171), ch. 225, p. 981, § 2, effective May 14; (22) amended, (HB 10-1422), ch. 419, p. 2074, § 34, effective August 11. L. 2011: (44) amended, (HB 11-1032), ch. 296, p. 1404, § 9, effective August 10. L. 2013: (29.3) and (96.5) Colorado Revised Statutes 2019 Page 20 of 445 Uncertified Printout added and (112) amended, (SB 13-227), ch. 353, p. 2056, § 1, effective July 1; (44) amended, (HB 13-1254), ch. 341, p. 1982, § 3, effective August 7; (58) amended, (HB 13-1314), ch. 323, p. 1804, § 31, effective March 1, 2014. L. 2014: (56.5) added, (HB 14-1362), ch. 374, p. 1787, § 1, effective June 6; (28.7) amended and (35.3) added, (SB 14-051), ch. 260, p. 1047, § 2, effective July 1; IP(96.5) amended, (HB 14-1162), ch. 167, p. 594, § 9, effective July 1; (35.3) added, (HB 14-1042), ch. 261, p. 1050, § 1, effective August 6. L. 2015: IP(6.5)(a) and (6.5)(b) amended and (6.5)(a.5) added, (HB 15-1106), ch. 59, p. 141, § 1, effective March 30; (32) amended and (71.3) and (78.7) added, (SB 15-087), ch. 263, p. 1011, § 7, effective June 2; (35.3)(a) amended, (HB 15-1355), ch. 311, p. 1275, § 4, effective June 5. L. 2016: (32)(b) amended, (HB 16-1316), ch. 127, p. 363, § 2, effective August 10; (1)(a)(VIII) and (23.5) added, (HB 16-1224), ch. 101, p. 290, § 1, effective January 1, 2017. L. 2017: IP and (101.7) amended, (SB 17-242), ch. 263, p. 1309, § 148, effective May 25; IP and (69) amended and (113) added, (HB 17-1329), ch. 381, pp. 1972, 1962, §§ 27, 3, effective June 6; IP and (100) amended, (SB 17-177), ch. 118, p. 418, § 1, effective August 9. L. 2018: (34.7) amended and (34.8) and (44.7) added, (SB 18-154), ch. 161, p. 1123, § 1, effective April 25; (42.5) added, (HB 18-1104), ch. 164, p. 1134, § 4, effective April 25; (66) amended, (HB 18-1346), ch. 326, p. 1964, § 2, effective May 30; (36) amended, (HB 18-1156), ch. 378, p. 2288, § 6, effective August 8; (51.3), (65), (69), (87.5), and (99) amended, (SB 18-092), ch. 38, p. 406, § 28, effective August 8. L. 2019: IP(1)(a), (1)(a)(VIII), and (23.5) amended and (62.5) and (62.6) added, (SB 19-185), ch. 147, p. 1765, § 2, effective May 6; (44) and (94.1) amended and (106.5) added, (SB 19-108), ch. 294, p. 2694, § 2, effective July 1; (51.7), (87.7), (87.9), and (109.5) added, (HB 19-1308), ch. 256, p. 2458, § 3, effective August 2; (98.5) amended, (HB 19-1288), ch. 216, p. 2234, § 1, effective August 2. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1103 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Amendments to this section in House Bill 96-1006 and House Bill 96-1019 were harmonized. Subsection (66) was originally numbered as section 19-3-303 (4.5), and the amendments to it in House Bill 96-1006 were harmonized with subsection (66) as it appears in this section. (3) Amendments to subsection (94.3) by House Bill 00-1119 and Senate Bill 00-133 were harmonized. (4) Amendments to subsection (35.3) by SB 14-051 and HB 14-1042 were harmonized. (5) Subsection (28.7)(b)(II) provided for the repeal of subsection (28.7)(b), effective January 1, 2016. (See L. 2014, p. 1047.) Cross references: (1) For the legislative declaration contained in the 1999 act enacting subsection (24.5), see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative declaration contained in the 2001 act amending subsections (5) and (89) and enacting subsection (83.5), see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration contained in the 2002 act enacting subsections (65.3), (65.5), and (65.7), see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative declaration contained in the 2003 act repealing subsection (29.5), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration contained in the 2004 act enacting subsection Colorado Revised Statutes 2019 Page 21 of 445 Uncertified Printout (78.5), see section 1 of chapter 140, Session Laws of Colorado 2004. For the legislative declaration contained in the 2007 act amending subsection (30), see section 1 of chapter 351, Session Laws of Colorado 2007. For the short title ("Heritage Act") and the legislative declaration in HB 15-1355, see section 1 of chapter 311, Session Laws of Colorado 2015. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 18-1156, see section 1 of chapter 378, Session Laws of Colorado 2018. For the legislative declaration in SB 19-185, see section 1 of chapter 147, Session Laws of Colorado 2019. (2) For the "Family First Prevention Services Act", see Pub.L. 115-123. 19-1-103.5. Other definitions. (Repealed) Source: L. 96: Entire section added, p. 82, § 2, effective July 1. L. 97: Entire section repealed, p. 1031, § 67, effective August 6. 19-1-104. Jurisdiction. (1) Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings: (a) Concerning any child committing a delinquent act, as defined in section 19-1-103 (36); (b) Concerning any child who is neglected or dependent, as set forth in section 19-3-102; (c) To determine the legal custody of any child or to appoint a guardian of the person or legal custodian of any child who comes within the juvenile court's jurisdiction under provisions of this section, and may also enter findings and orders as described in section 14-10-123 (1.5) and section 15-14-204 (2.5); (d) To terminate the legal parent-child relationship; (e) For the issuance of orders of support under article 6 of this title; (f) To determine the parentage of a child and to make an order of support in connection therewith; (g) For the adoption of a person of any age; (h) For judicial consent to the marriage, employment, or enlistment of a child, when such consent is required by law; (i) For the treatment or commitment pursuant to article 23 of title 17 and article 10.5 of title 27 of a child who has a behavioral or mental health disorder or an intellectual and developmental disability and who comes within the court's jurisdiction under other provisions of this section; (j) Under the interstate compact on juveniles, part 7 of article 60 of title 24, C.R.S.; (k) To make a determination concerning a petition filed pursuant to the "School Attendance Law of 1963", article 33 of title 22, C.R.S., and to enforce any lawful order of court made thereunder; (l) To make a determination concerning a petition for review of need for placement in accordance with the provisions of section 19-1-115 (8); (m) To decide the appeal of any child found to be in contempt of a municipal court located within the jurisdiction of the juvenile court, if confinement of the child is ordered by the municipal court. Colorado Revised Statutes 2019 Page 22 of 445 Uncertified Printout (1.5) A juvenile court exercising jurisdiction pursuant to subsection (1)(a), (1)(b), (1)(c), (1)(f), or (1)(g) of this section may enter findings establishing eligibility for classification as a special immigrant juvenile under federal law. (2) Except as otherwise provided by law, the juvenile court shall have jurisdiction in proceedings concerning any adult who abuses, ill-treats, neglects, or abandons a child who comes within the court's jurisdiction under other provisions of this section. (3) (a) Upon hearing after prior notice to the child's parent, guardian, or legal custodian, the court may issue temporary orders providing for legal custody, protection, support, medical evaluation or medical treatment, surgical treatment, psychological evaluation or psychological treatment, or dental treatment as it deems in the best interest of any child concerning whom a petition has been filed prior to adjudication or disposition of his case. (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), the court may, on the basis of a report that a child's welfare may be endangered, and if the court believes that a medical evaluation or emergency medical or surgical treatment is reasonably necessary, issue ex parte emergency orders. Where the need for a medical evaluation or medical or surgical emergency orders arises and the court is not in regular session, the judge or magistrate may give oral or telephone authorization for the necessary medical evaluation or emergency medical, surgical, or hospital care, which authorization shall have the same force and effect as if written, the same to be followed by a written order to enter on the first regular court day thereafter. Such written order shall make specific findings of fact that such emergency existed. Prior to the entry of any emergency order, reasonable effort shall be made to notify the parents, guardian, or other legal custodian for the purpose of gaining consent for such care; except that, if such consent cannot be secured and the child's welfare so requires, the court may authorize needed medical evaluation or emergency medical, surgical, or hospital care. Such ex parte emergency orders shall expire twenty-four hours after issuance; except that, at any time during such twenty-fourhour period, the parents, guardian, or other legal custodian may apply for a hearing to set aside the ex parte emergency order. (4) Nothing in this section shall deprive the district court of jurisdiction to appoint a guardian for a child nor of jurisdiction to determine the legal custody of a child upon writ of habeas corpus or when the question of legal custody is incidental to the determination of a cause in the district court; except that: (a) If a petition involving the same child is pending in juvenile court or if continuing jurisdiction has been previously acquired by the juvenile court, the district court shall certify the question of legal custody to the juvenile court; and (b) The district court at any time may request the juvenile court to make recommendations pertaining to guardianship or legal custody. (5) Where a custody award or an order allocating parental responsibilities with respect to a child has been made in a district court in a dissolution of marriage action or another proceeding and the jurisdiction of the district court in the case is continuing, the juvenile court may take jurisdiction in a case involving the same child if he or she comes within the jurisdiction of the juvenile court. The juvenile court shall provide notice in compliance with the Colorado rules of civil procedure; except that service must be effected not less than seven business days prior to the hearing. The notice must be written in clear language stating that the hearing concerns the allocation of parental responsibilities. When creating or modifying an existing order, the juvenile court shall proceed as set forth in subsection (6) of this section for a dependency and neglect Colorado Revised Statutes 2019 Page 23 of 445 Uncertified Printout proceeding pursuant to article 3 of this title 19, or as set forth in subsection (8) of this section for a juvenile delinquency case pursuant to article 2 of this title 19. (6) When the juvenile court maintains jurisdiction in a case involving a child who is dependent or neglected and no child custody action or action for the allocation of parental responsibilities concerning the same child is pending in a district court in this state, upon the petition of a party to the dependency or neglect case, the juvenile court may enter an order allocating parental responsibilities and addressing parenting time and child support matters. The parent or person other than a parent with whom the child resides the majority of the time pursuant to the juvenile court's order shall file a certified copy of the order in the district court in the county where the child is permanently resident. Such order shall be treated in the district court as any other decree issued in a proceeding concerning the allocation of parental responsibilities. (7) Upon motion of the city or county attorney, guardian ad litem, or respondent parent counsel, the district or the juvenile court has jurisdiction to enter a civil protection order pursuant to article 14 of title 13 in actions brought pursuant to article 3 of this title 19. The court shall use the standardized forms developed by the judicial department pursuant to section 13-1-136 and shall follow the standards and procedures for the issuance of civil protection orders set forth in article 14 of title 13, including but not limited to personal service upon the restrained person. Once issued, the clerk of the issuing court shall enter the civil protection order into the computerized central registry of protection orders created pursuant to section 18-6-803.7. If the person who is the subject of the civil protection order has not been personally served pursuant to section 13-14-107 (3), a peace officer responding to a call for assistance shall serve a copy of the civil protection order on the person who is subject to the order. If the civil protection order is made permanent pursuant to the provisions of section 13-14-106, the civil protection order remains in effect upon termination of the juvenile court action. The clerk of the court issuing the order shall file a certified copy of the permanent civil protection order into an existing case in the district court, if applicable, or with the county court in the county where the protected party resides. Civil protection orders issued by the district or the juvenile court pursuant to article 14 of title 13 have the same force and effect as protection orders issued pursuant to article 14 of title 13 by a court with concurrent jurisdiction. (8) (a) Upon submission of a stipulated agreement of all parties, parents, guardians, and other legal custodians, if the juvenile court finds that it is in the best interests of the juvenile, the juvenile court may enter an order allocating parental responsibilities and addressing parenting time and child support matters when: (I) The juvenile court has maintained jurisdiction in a case involving an adjudicated juvenile, a juvenile with a deferred adjudication, or a juvenile on a management plan developed pursuant to section 19-2-1303 (3); (II) A child custody action, a dependency and neglect action, or an action for allocation of parental responsibilities concerning the same juvenile is not pending in a district court of this state, and the court complies, as applicable, with the requirements of the "Uniform Child-custody Jurisdiction and Enforcement Act", as set forth in article 13 of title 14; and (III) All parties, parents, guardians, and other legal custodians involved are in agreement, or after notice is given to all parents, guardians, and other legal custodians and a response or objection is not filed. Colorado Revised Statutes 2019 Page 24 of 445 Uncertified Printout (b) The parent or person other than a parent with whom the juvenile resides the majority of the time pursuant to a juvenile court order shall file a certified copy of the order in the district court in the county where the juvenile is a permanent resident. The district court shall treat the order as with any other decree issued in a proceeding concerning the allocation of parental responsibilities. Source: L. 87: Entire title R&RE, p. 698, § 1, effective October 1. L. 91: (3)(b) amended, p. 360, § 24, effective April 9. L. 92: (3) amended, p. 173, § 1, effective April 16. L. 97: (6) added, p. 516, § 3, effective July 1. L. 98: (1)(a) amended, p. 820, § 21, effective August 5; (5) and (6) amended, p. 1405, § 61, effective February 1, 1999. L. 2001: (1)(k) amended, p. 870, § 2, effective June 1. L. 2006: (1)(i) amended, p. 1399, § 51, effective August 7. L. 2008: (1)(l) amended, p. 1891, § 59, effective August 5. L. 2017: (7) added, (HB 17-1111), ch. 96, p. 290, § 1, effective April 4; (1)(i) amended, (SB 17-242), ch. 263, p. 1309, § 149, effective May 25; (5) amended and (8) added, (HB 17-1110), ch. 137, p. 458, § 1, effective August 9. L. 2019: IP(1) and (1)(c) amended and (1.5) added, (HB 19-1042), ch. 55, p. 194, § 6, effective March 28. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-1104 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: (1) For the jurisdiction of the juvenile court of Denver, see § 13-8103; for the exemption from criminal responsibility for insufficient age, see § 18-1-801. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-1-105. Right to counsel and jury trial. (1) All hearings, including adjudicatory hearings, shall be heard by a judge or magistrate without a jury, except as otherwise provided by this title. (2) The right to counsel shall be as provided in this title; except that, in all proceedings under the "School Attendance Law of 1963", article 33 of title 22, C.R.S., the court may appoint counsel or a guardian ad litem for the child, unless the child is already represented by counsel. If the court finds that it is in the best interest and welfare of the child, the court may appoint both counsel and a guardian ad litem. Nothing in this title shall prevent the court from appointing counsel if it deems representation by counsel necessary to protect the interests of the child or other parties. In addition, in all proceedings under the "School Attendance Law of 1963", article 33 of title 22, C.R.S., the court shall make available to the child's parent or guardian ad litem information concerning the truancy process. Source: L. 87: Entire title R&RE, p. 700, § 1, effective October 1. L. 91: (1) amended, p. 360, § 25, effective April 9. L. 2003: (2) amended, p. 1320, § 1, effective August 6. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-106 and 19-1-107 as said sections existed in 1986, the year prior to the repeal and reenactment of this title. Colorado Revised Statutes 2019 Page 25 of 445 Uncertified Printout 19-1-106. Hearings - procedure - record. (1) The Colorado rules of juvenile procedure shall apply in all proceedings under this title. (2) Hearings may be conducted in an informal manner. The general public shall not be excluded unless the court determines that it is in the best interest of the child or of the community to exclude the general public, and, in such event, the court shall admit only such persons as have an interest in the case or the work of the court, including persons whom the district attorney, the county or city attorney, the child, or the parents, guardian, or other custodian of the child wish to be present. (3) A verbatim record shall be taken of all proceedings. (4) When more than one child is named in a petition alleging neglect or dependency, the hearings may be consolidated; except that separate hearings may be held with respect to disposition. (5) Children's cases shall be heard separately from adults' cases, and the child or his parents, guardian, or other custodian may be heard separately when deemed necessary by the court. Source: L. 87: Entire title R&RE, p. 700, § 1, effective October 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-1-107. Social study and other reports. (1) Unless waived by the court, an agency designated by the court shall make a social study and report in writing in all children's cases; except that: (a) Repealed. (b) Adoption reports shall be as provided in article 5 of this title. (2) For the purpose of determining proper disposition of a child, written reports and other material relating to the child's mental, physical, and social history may be received and considered by the court along with other evidence; but the court, if so requested by the child, his parent or guardian, or other interested party, shall require that the person who wrote the report or prepared the material appear as a witness and be subject to both direct and cross-examination. In the absence of such request, the court may order the person who prepared the report or other material to appear if it finds that the interest of the child so requires. (2.5) For purposes of determining the appropriate treatment plan in connection with the disposition of a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the report shall include a list of services available to families that are specific to the needs of the child and the child's family and that are available in the community where the family resides. The report shall establish a priority of the services if multiple services are recommended. The services may include, but are not limited to, transportation services, visitation services, psychological counseling, drug screening and treatment programs, marriage and family counseling, parenting classes, housing and day care assistance, and homemaker services. (3) In any case where placement out of the home is recommended, the social study required by subsection (1) of this section shall include the cost of the recommended placement Colorado Revised Statutes 2019 Page 26 of 445 Uncertified Printout and an evaluation for placement containing the information required by section 19-1-115 (8)(e). Placement criteria shall be developed jointly by the department of education and the department of human services and, in the case of matters involving juvenile delinquency, in accordance with the criteria for the placement of juveniles specified in section 19-2-212 (1)(a). Such criteria shall be used by the agency designated by the court to determine its recommendation about the need for placement. (4) The court shall inform the child, his parent or legal guardian, or other interested party of the right of cross-examination concerning any written report or other material as specified in subsection (2) of this section. Source: L. 87: Entire title R&RE, p. 701, § 1, effective October 1. L. 93: (3) amended, p. 1546, § 1, effective July 1; (3) amended, p. 1134, § 65, effective July 1, 1994. L. 94: (2.5) added, p. 2051, § 2, effective July 1. L. 97: (3) amended, p. 1441, § 17, effective July 1. L. 2005: (3) amended, p. 766, § 29, effective June 1. L. 2008: (3) amended, p. 1891, § 60, effective August 5. L. 2015: IP(1) and (3) amended and (1)(a) repealed, (SB 15-099), ch. 99, p. 290, § 3, effective August 5. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-1108 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Amendments to subsection (3) in Senate Bill 93-134 and House Bill 93-1317 were harmonized. Cross references: For the legislative declaration contained in the 1993 act amending subsection (3), see section 1 of chapter 230, Session Laws of Colorado 1993. 19-1-108. Magistrates - qualifications - duties. (1) The juvenile court may appoint one or more magistrates to hear any case or matter under the court's jurisdiction, except where a jury trial has been requested pursuant to section 19-2-107 and in transfer hearings held pursuant to section 19-2-518. Magistrates shall serve at the pleasure of the court, unless otherwise provided by law. (2) Every magistrate appointed pursuant to this section shall be licensed to practice law in Colorado; except that county judges who are not lawyers may be appointed to serve as magistrates, as authorized by section 13-6-105 (3), C.R.S., to hear detention and bond matters. (3) (a) Repealed. (a.5) Magistrates shall conduct hearings in the manner provided for the hearing of cases by the court. During the initial advisement of the rights of any party, the magistrate shall inform the party that, except as provided in this subsection (3), he or she has the right to a hearing before the judge in the first instance and that he or she may waive that right but that, by waiving that right, he or she is bound by the findings and recommendations of the magistrate, subject to a request for review as provided in subsection (5.5) of this section. The right to require a hearing before a judge does not apply to hearings at which a child is advised of his or her rights pursuant to section 19-2-706; detention hearings held pursuant to sections 19-2-507, 19-2-507.5, and 192-508; preliminary hearings held pursuant to section 19-2-705; temporary custody hearings held pursuant to section 19-3-403; proceedings held pursuant to article 4 of this title 19; and support Colorado Revised Statutes 2019 Page 27 of 445 Uncertified Printout proceedings held pursuant to article 6 of this title 19. In proceedings held pursuant to article 4 or 6 of this title 19, contested final orders regarding allocation of parental responsibilities may be heard by the magistrate only with the consent of all parties. (b) In proceedings under article 2 of this title, the right to require a hearing before a judge shall be deemed waived unless a request is made by any party that the hearing be held before a judge at the time the matter is set for hearing. (c) In proceedings under article 3 of this title, the right to require a hearing before a judge is waived unless: (I) A request is made by a party or the people of the state of Colorado that the hearing be held before the judge at the time the matter is set for hearing, if counsel for the party is present at the time the matter is set; or (II) A request is made by a party or the people of the state of Colorado in writing within seven days after receipt of notice of the setting if the matter is set for hearing outside of the presence of counsel for a represented party or if the matter is set on notice. (4) At the conclusion of a hearing, the magistrate shall: (a) Advise the parties before him of his findings and ruling; (b) Advise the parties of their right to review by the judge of his findings and ruling; (c) Prepare findings and a written order that shall become the order of the court, absent a petition for review being filed as provided in subsection (5.5) of this section; and (d) Advise the parties that they have a right to object to an order allowing the review of any decree for placement of a child to be conducted as an administrative review by the department of human services and that if any party objects to administrative review, the court shall conduct the review. (5) Repealed. (5.5) A request for review must be filed within fourteen days for proceedings under articles 2, 4, and 6 of this title or within seven days for proceedings under article 3 of this title after the parties have received notice of the magistrate's ruling and must clearly set forth the grounds relied upon. Such review is solely upon the record of the hearing before the magistrate and is reviewable upon the grounds set forth in rule 59 of the Colorado rules of civil procedure. A petition for review is a prerequisite before an appeal may be filed with the Colorado court of appeals or Colorado supreme court. The judge may, on his or her own motion, remand a case to another magistrate after action is taken on a petition for review. (6) A magistrate may issue a lawful warrant taking a child into custody pursuant to section 19-2-503 and may issue search warrants as provided in sections 19-1-112 and 19-2-504. Source: L. 87: Entire title R&RE, p. 701, § 1, effective October 1. L. 88: (3) amended, p. 741, § 2, effective July 1. L. 91: Entire section amended, p. 361, § 26, effective April 9. L. 92: (4)(d) added, p. 221, § 3, effective July 1. L. 94: (4)(d) amended, p. 2658, § 145, effective July 1. L. 97: (3) and (5) amended, p. 517, § 4, effective July 1. L. 99: (1) and (6) amended, p. 1375, § 11, effective July 1; (5) amended, p. 1086, § 4, effective July 1. L. 2000: (3)(c) amended, p. 35, § 1, effective July 1. L. 2003: (3)(b) amended, p. 1901, § 1, effective July 1. L. 2006: (3)(a) and (5) amended, p. 451, § 2, effective April 18; (3)(a.5) and (5.5) added, p. 452, §§ 3, 4, effective July 1, 2007. L. 2007: (3)(a.5) amended, p. 1652, § 9, effective May 31; (3)(a.5) amended, p. 2029, § 35, effective June 1; (4)(c) amended, p. 2029, § 36, effective July 1. L. Colorado Revised Statutes 2019 Page 28 of 445 Uncertified Printout 2016: IP(3)(c), (3)(c)(II), and (5.5) amended, (HB 16-1057), ch. 31, p. 70, § 1, effective July 1. L. 2019: (3)(a.5) amended, (SB 19-108), ch. 294, p. 2727, § 21, effective July 1. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1110 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2007. (See L. 2006, p. 451.) (3) Amendments to subsection (3)(a.5) by House Bill 07-1349 and House Bill 07-1367 were harmonized. (4) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2007. (See L. 2006, p. 451.) 19-1-109. Appeals. (1) An appeal as provided in the introductory portion to section 134-102 (1), C.R.S., may be taken from any order, decree, or judgment. Appellate procedure shall be as provided by the Colorado appellate rules. Initials shall appear on the record on appeal in place of the name of the child and respondents. Appeals shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time. (2) (a) The people of the state of Colorado shall have the same right to appeal questions of law in delinquency cases as exists in criminal cases. (b) An order terminating or refusing to terminate the legal relationship between a parent or parents and one or more of the children of such parent or parents on a petition, or between a child and one or both parents of the child, shall be a final and appealable order. (c) An order decreeing a child to be neglected or dependent shall be a final and appealable order after the entry of the disposition pursuant to section 19-3-508. Any appeal shall not affect the jurisdiction of the trial court to enter such further dispositional orders as the court believes to be in the best interests of the child. (3) A workgroup to consider necessary changes to practices, rules, and statutes in order to ensure that appeals in cases concerning relinquishment, adoption, and dependency and neglect be resolved within six months after being filed shall be established. The workgroup shall be known as the child welfare appeals workgroup and shall be created in the state judicial department. Source: L. 87: Entire title R&RE, p. 702, § 1, effective October 1. L. 97: (2) amended and (3) added, p. 1433, § 7, effective July 1. L. 2000: (3) amended, p. 1546, § 3, effective August 2. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-112 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-1-110. Previous orders and decrees - force and effect. All orders and decrees in proceedings concerning dependency and neglect, delinquency, relinquishment, adoption, paternity, or contributing to dependency or delinquency entered by the court prior to October 1, Colorado Revised Statutes 2019 Page 29 of 445 Uncertified Printout 1987, shall remain in full force and effect until modified or terminated by the court, as provided in this title. Source: L. 87: Entire title R&RE, p. 702, § 1, effective October 1; entire section amended, p. 1827, § 1, effective August 27. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-1-111. Appointment of guardian ad litem. (1) The court shall appoint a guardian ad litem for the child in all dependency or neglect cases under this title. (2) The court may appoint a guardian ad litem in the following cases: (a) For a child in a delinquency proceeding where: (I) No parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, relative, stepparent, or spousal equivalent appears at the first or any subsequent hearing in the case; (II) The court finds that a conflict of interest exists between the child and parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, relative, stepparent, or spousal equivalent; or (III) The court makes specific findings that the appointment of a guardian ad litem is necessary to serve the best interests of the child and such specific findings are included in the court's order of appointment. (b) For a child in proceedings under the "School Attendance Law of 1963", article 33 of title 22, C.R.S., when the court finds that the appointment is necessary due to exceptional and extraordinary circumstances; (c) For a parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, stepparent, or spousal equivalent in dependency or neglect proceedings who has been determined to have a behavioral or mental health disorder or an intellectual and developmental disability by a court of competent jurisdiction; except that, if a conservator has been appointed, the conservator shall serve as the guardian ad litem. If the conservator does not serve as guardian ad litem, the conservator shall be informed that a guardian ad litem has been appointed. (d) For an underage party seeking a marriage license, as provided in section 14-2-108 (2). (2.5) A court shall not deem a guardian ad litem who is appointed by the court for a juvenile in a delinquency proceeding pursuant to subsection (2) of this section to be a substitute for defense counsel for the juvenile. (3) The guardian ad litem for the child shall have the right to participate in all proceedings as a party, except in delinquency cases. (4) (a) Except as provided in paragraphs (b) and (c) of this subsection (4), the appointment of a guardian ad litem pursuant to this section shall continue until such time as the court's jurisdiction is terminated. (b) The appointment of the guardian ad litem shall terminate in a delinquency proceeding: Colorado Revised Statutes 2019 Page 30 of 445 Uncertified Printout (I) At the time sentence is imposed, unless the court continues the appointment because the child is sentenced to residential or community out-of-home placement as a condition of probation; or (II) When the child reaches eighteen years of age, unless the child has a developmental disability. (c) The court may terminate the appointment of a guardian ad litem in a delinquency proceeding on its own motion or on the motion of the guardian ad litem when the appointment is no longer necessary due to any of the following reasons: (I) The child's parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, relative, stepparent, or spousal equivalent appears at a hearing in the case; (II) The conflict of interest described in subparagraph (II) of paragraph (a) of subsection (2) of this section no longer exists; or (III) The appointment no longer serves the best interests of the child. (5) The guardian ad litem shall cooperate with any CASA volunteer appointed pursuant to section 19-1-206. (6) Any person appointed to serve as a guardian ad litem pursuant to this section shall comply with the provisions set forth in any chief justice directive concerning the court appointment of guardians ad litem and other representatives and of counsel for children and indigent persons in titles 14, 15, 19 (dependency and neglect only), 22, and 27, C.R.S., and any subsequent chief justice directive or other practice standards established by rule or directive of the chief justice pursuant to section 13-91-105, C.R.S., concerning the duties or responsibilities of guardians ad litem in legal matters affecting children. Source: L. 87: Entire title R&RE, p. 702, § 1, effective October 1. L. 92: (1) amended, p. 221, § 4, effective July 1. L. 96: (5) added, p. 1089, § 2, effective May 23. L. 98: (2)(a)(I), (2)(a)(II), and (2)(c) amended, p. 1405, § 62, effective February 1, 1999. L. 2000: (6) added, p. 1774, § 4, effective July 1. L. 2006: (2)(c) amended, p. 1400, § 52, effective August 7. L. 2009: (2)(a)(III), (2)(b), and (4) amended, (SB 09-268), ch. 207, p. 942, § 3, effective May 1. L. 2014: (2.5) added, (HB 14-1032), ch. 247, p. 954, § 5, effective November 1. L. 2015: (6) amended, (SB 15-264), ch. 259, p. 952, § 41, effective August 5. L. 2017: (2)(c) amended, (SB 17-242), ch. 263, p. 1309, § 150, effective May 25. L. 2019: (2)(d) added, (HB 19-1316), ch. 380, p. 3422, § 6, effective August 2. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3105 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Section 8(2) of chapter 380 (HB 19-1316), Session Laws of Colorado 2019, provides that the act changing this section applies to applications for marriage licenses submitted on or after August 2, 2019. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. Colorado Revised Statutes 2019 Page 31 of 445 Uncertified Printout 19-1-111.5. Court-appointed special advocate. The court may appoint a CASA volunteer pursuant to the provisions of part 2 of this article if the court finds that the appointment would be in the best interests of the child. The court may direct the manner in which a CASA volunteer and any guardian ad litem appointed in a case shall collaborate. Source: L. 96: Entire section added, p. 1089, § 3, effective May 23. 19-1-112. Search warrants for the protection of children. (1) A search warrant may be issued by the juvenile court to search any place for the recovery of any child within the jurisdiction of the court believed to be a delinquent child or a neglected or dependent child. (2) Such warrant shall be issued only on the conditions that the application for the warrant shall: (a) Be in writing and supported by affidavit sworn to or affirmed before the court; (b) Name or describe with particularity the child sought; (c) State that the child is believed to be a delinquent child or a neglected or dependent child and the reasons upon which such belief is based; (d) State the address or legal description of the place to be searched; (e) State the reasons why it is necessary to proceed pursuant to this section. (3) If the court is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, it shall issue a search warrant identifying by name or describing with particularity the child sought and the place to be searched for the child. (4) The search warrant shall be directed to any officer authorized by law to execute it in the county wherein the place to be searched is located. (5) The warrant shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. (6) The warrant shall be served in the daytime unless the application for the warrant alleges that it is necessary to conduct the search at some other time, in which case the court may so direct. (7) A copy of the warrant, the application therefor, and the supporting affidavit shall be served upon the person in possession of the place to be searched and where the child is to be sought. (8) If the child is found, the child may be taken into custody in conformance with the provisions of section 19-2-201 or section 19-3-401. (9) The warrant shall be returned to the issuing court. Source: L. 87: Entire title R&RE, p. 703, § 1, effective October 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-2-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-1-113. Emergency protection orders. (1) The juvenile court is authorized to issue an ex parte written or verbal emergency protection order for the protection of a child pursuant to this section. A judge or magistrate shall be available in the juvenile court in each judicial district Colorado Revised Statutes 2019 Page 32 of 445 Uncertified Printout to issue by telephone emergency protection orders at all times when the juvenile court is otherwise closed for judicial business. (2) Any person who has the responsibility of supervising a child placed out of the home by court order may seek an emergency protection order, through a P.O.S.T.-certified peace officer, when such person asserts reasonable grounds to believe that the child is in immediate and present danger based on an allegation that the child is absent without permission from the court-ordered placement. (3) An emergency protection order may include, but need not be limited to: (a) Restraining a person from threatening, molesting, or injuring the child; (b) Restraining a person from interfering with the supervision of the child; (c) Restraining a person from having contact with the child or the child's court-ordered residence; (d) Restraining a person from harboring a child who is absent without permission from a court-ordered placement. (4) An emergency protection order shall expire not later than the close of judicial business on the next day of judicial business following the day of issue, unless otherwise continued by the court. With respect to any continuing order, on two days' notice to the person who obtained the emergency protection order or on such shorter notice to that person as the court may prescribe, the responding person may appear and move for its dissolution or modification. The motion to dissolve or modify the emergency protection order shall be set for hearing at the earliest possible time and shall take precedence over all matters except any emergency protection orders issued earlier, and the court shall determine such motion as expeditiously as the ends of justice require. (5) (a) An emergency protection order may be issued only if the issuing judge or magistrate finds that an imminent danger exists to the welfare of a child based on an allegation that the child is absent without permission from the court-ordered placement. A verbal order shall be reduced to writing and signed by the peace officer through whom the emergency order was sought and shall include a statement of the grounds for the order asserted through the P.O.S.T.-certified peace officer. An order initially written shall meet the same requirement as an order issued verbally. (b) The emergency protection order shall be served upon the respondent with a copy given to the person who sought the order and filed with the juvenile court as soon as practicable after issuance. If any person named as a respondent in an order issued pursuant to this section has not been served personally with the order but has received actual notice of the existence and substance of the order from any sheriff, deputy sheriff, or police officer, any act in violation of the order may be deemed by the juvenile court a violation of the order and as such may be sufficient to subject the respondent to the order to any penalty for such violation. If the law enforcement agency having jurisdiction to enforce the emergency protection order has cause to believe that a violation of the order has occurred, it shall enforce the order. (6) The issuance of an emergency protection order shall not be considered evidence of any wrongdoing. (7) A law enforcement officer who acts in good faith and without malice shall not be held civilly or criminally liable for acts performed pursuant to this section. Colorado Revised Statutes 2019 Page 33 of 445 Uncertified Printout Source: L. 87: Entire title R&RE, p. 704, § 1, effective October 1. L. 91: (1) and (5)(a) amended, p. 362, § 27, effective April 9. L. 2003: (2) and (5)(a) amended, p. 1632, § 79, effective August 6. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3110.1 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-1-114. Order of protection. (1) The court may make an order of protection in assistance of, or as a condition of, any decree authorized by this title. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by the parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, stepparent, spousal equivalent, or any other person who is party to a proceeding brought under this title. (2) The order of protection may require any such person: (a) To stay away from a child or his residence; (b) To permit a parent to visit a child at stated periods; (c) To abstain from offensive conduct against a child, the child's parent or parents, the child's guardian or legal custodian, or any other person to whom legal custody of or parental responsibilities with respect to a child has been given; (d) To give proper attention to the care of the home; (e) To cooperate in good faith with an agency: (I) Which has been given legal custody of a child; (II) Which is providing protective supervision of a child by court order; or (III) To which the child has been referred by the court; (f) To refrain from acts of commission or omission that tend to make a home an improper place for a child; (g) To perform any legal obligation of support; or (h) To pay for damages recoverable under the provisions of section 13-21-107, C.R.S. (3) (a) When such an order of protection is made applicable to a parent or guardian, it may specifically require his or her active participation in the rehabilitation process and may impose specific requirements upon such parent or guardian, subject to the penalty of contempt for failure to comply with such order without good cause, as provided in subsection (5) of this section. (b) The court may, when the court determines that it is in the best interests of the child, make an order of protection which shall be applicable to a parent or guardian of a child and the person with whom the child resides, if other than the child's parent or guardian, subject to the provisions of article 2 of this title. The order shall require the parent or guardian and the person with whom the child resides, if other than the parent or guardian, to be present at any juvenile proceeding concerning the child. (4) After notice and opportunity for a hearing is given to a person subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the court finds that the best interests of the child and the public will be served thereby. (5) (a) A person failing to comply with an order of protection without good cause may be found in contempt of court. Colorado Revised Statutes 2019 Page 34 of 445 Uncertified Printout (b) The court shall issue a bench warrant for any parent or guardian or person with whom the child resides, if other than the parent or guardian, who, without good cause, fails to appear at any proceeding. (c) For purposes of this subsection (5), good cause for failing to appear shall include, but shall not be limited to, a situation where a parent or guardian: (I) Does not have physical custody of the child and resides outside of Colorado; (II) Has physical custody of the child, but resides outside of Colorado and appearing in court will result in undue hardship to such parent or guardian; or (III) Resides in Colorado, but is outside of the state at the time of the juvenile proceeding for reasons other than avoiding appearance before the court and appearing in court will result in undue hardship to such parent or guardian. (d) The general assembly hereby declares that every parent or guardian whose child is the subject of a juvenile proceeding under this article should attend any such proceeding as often as is practicable. (6) Repealed. (7) Nothing in this section shall be construed to create a right for any juvenile to have his or her parent or guardian present at any proceeding at which such juvenile is present. Source: L. 87: Entire title R&RE, p. 705, § 1, effective October 1. L. 93, 1st Ex. Sess.: (3) and (5) amended and (6) and (7) added, p. 29, § 1, effective September 13. L. 96: (6) repealed, p. 85, § 11, effective March 20. L. 98: (1) and (2)(c) amended, p. 1406, § 63, effective February 1, 1999. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3-110 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-1-115. Legal custody - guardianship - placement out of the home - petition for review for need of placement. (1) (a) Except as otherwise provided by law, in awarding legal custody of a child pursuant to the provisions of this title, the court may, if in the best interests of the child, give preference to the child's grandparent who is appropriate, capable, willing, and available to care for the child, if the court finds that there is no suitable natural or adoptive parent available, with due diligence having been exercised in attempting to locate any such natural or adoptive parent. Any individual, agency, or institution vested by the court with legal custody of a child shall have the rights and duties defined in section 19-1-103 (73). (b) Any individual, agency, or institution vested by the court with the guardianship of the person of a child shall have the rights and duties defined in section 19-1-103 (60); except that no guardian of the person may consent to the adoption of a child unless that authority is expressly given by the court. (2) (a) If legal custody or guardianship of the person is vested in an agency or institution, the court shall transmit, with the court order, copies of the social study, any clinical reports, and other information concerning the care and treatment of the child. (b) An individual, agency, or institution vested by the court with legal custody or guardianship of the person of a child shall give the court any information concerning the child which the court at any time may require. Colorado Revised Statutes 2019 Page 35 of 445 Uncertified Printout (3) (a) Any agency vested by the court with legal custody of a child shall have the right, subject to the approval of the court, to determine where and with whom the child shall live, but this paragraph (a) shall not apply to placement of children committed to the department of human services. In determining where and with whom a child shall live, if in the best interests of the child, preference may be given to the child's grandparent who is appropriate, capable, willing, and available to care for the child. (b) No individual or agency vested by the court with legal custody of a child or with which a child is placed pursuant to subsection (8) of this section shall remove the child from the state for more than thirty days without court approval. When granting such approval, if appropriate, the court shall enter an order that the individual or agency comply with the requirements of the "Interstate Compact on Placement of Children" set forth in part 18 of article 60 of title 24, C.R.S. (4) (a) A decree vesting legal custody of a child in an individual, institution, or agency or providing for placement of a child pursuant to section 19-2-906 or 19-3-403 or subsection (8) of this section shall be for a determinate period. Such decree shall be reviewed by the court no later than three months after it is entered, except a decree vesting legal custody of a child with the department of human services. (b) The individual, institution, or agency vested with the legal custody of a child may petition the court for renewal of the decree. The court, after notice and hearing, may renew the decree for such additional determinate period as the court may determine if it finds such renewal to be in the best interests of the child and of the community. The findings of the court and the reasons therefor shall be entered with the order renewing or denying renewal of the decree. (c) The court shall review any decree or, if there is no objection by any party to the action, the court may, in its discretion, require an administrative review by the state department of human services of any decree entered in accordance with this subsection (4) each six months after the initial review provided in subsection (4)(a) of this section. In the event that an administrative review is ordered, all counsel of record must be notified and may appear at said review. Periodic reviews must include the determinations and projections required in section 193-702.5. (d) (I) A decree vesting legal custody of a child or providing for placement of a child with an agency in which public money is expended must be accompanied by an order of the court that obligates the parent of the child to pay a fee, based on the parent's ability to pay, to cover the costs of the guardian ad litem and of providing for residential care of the child. When custody of the child is given to the county department of human or social services, the fee for residential care must be in accordance with the fee requirements as provided by rule of the state department of human services, and the fee applies, to the extent unpaid, to the entire period of placement. When a child is committed to the state department of human services, the fee for care and treatment must be in accordance with the fee requirements as provided by rule of the state department of human services, and the fee applies, to the extent unpaid, to the entire period of placement. (II) For an adoptive family who receives an approved Title IV-E adoption assistance subsidy pursuant to the federal "Social Security Act", 42 U.S.C. sec. 673 et seq., or an approved payment in subsidization of adoption pursuant to article 7 of title 26, the cost of care, as defined in section 19-1-103 (30), must not exceed the amount of the adoption assistance payment. Colorado Revised Statutes 2019 Page 36 of 445 Uncertified Printout (e) Whenever a child is placed in a qualified residential treatment program, a family or juvenile court, or, if there is no objection, the administrative review division of the department of human services, shall, within sixty days: (I) Consider the assessment, determination, and documentation made by the qualified individual; (II) Determine whether the needs of the child can be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster care home, or whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and whether that placement is consistent with the short- and long-term goals, including mental, behavioral, and physical health goals, for the child as specified in the permanency plan for the child or as outlined in the family services plan; and (III) Approve or disapprove of the placement. (f) As long as a child remains in a qualified residential treatment program, the county department shall submit evidence at each review and each permanency hearing held with respect to the child: (I) Demonstrating that ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster family home; and that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and that the placement is consistent with the short- and long-term goals for the child as specified in the permanency plan for the child, or as outlined in the family services plan; (II) Documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need treatment or services; and (III) Documenting the efforts made by the county to prepare the child to return home or to be placed with a fit and willing kin caregiver, a legal guardian, legal custodian, or an adoptive parent, or in a foster family. (4.5) The department of human services shall implement the provisions of subsections (4)(e) and (4)(f) of this section when the federal government approves Colorado's five-year Title IV-E prevention plan, at which time the department of human services may submit a budget request to the joint budget committee for necessary funding to implement the plan. (5) No legal custodian or guardian of the person may be removed without his consent until given notice and an opportunity to be heard by the court if he so requests. (6) Any time the court enters an order awarding legal custody of a child to the department of human services or to a county department pursuant to the provisions of this title, even temporarily, said order shall contain specific findings, if warranted by the evidence, as follows: (a) That continuation of the child in the home would be contrary to the child's best interests; (b) That there has been compliance with reasonable efforts requirements regarding removal of the child from the home, as follows: (I) That reasonable efforts have been made to prevent or eliminate the need for removal of the child from the home; or Colorado Revised Statutes 2019 Page 37 of 445 Uncertified Printout (II) That an emergency situation exists which requires the immediate temporary removal of the child from the home and it is reasonable that preventive efforts not be made due to the emergency situation; or (III) That reasonable efforts to prevent the child's removal from the home are not required because of the existence of a circumstance described in subsection (7) of this section; (c) That reasonable efforts have been made or will be made to reunite the child and the family or that efforts to reunite the child and the family have failed or that reasonable efforts to reunite the child and the family are not required pursuant to subsection (7) of this section; and (d) That procedural safeguards with respect to parental rights have been applied in connection with the removal of the child from the home, a change in the child's placement out of the home, and any determination affecting parental visitation. (6.5) Any time the court enters an order continuing a child in a placement out of the home pursuant to this title, said order shall contain specific findings, if warranted by the evidence, as follows: (a) The continuation of the child in out-of-home placement is in the best interests of the child; (b) That reasonable efforts have been made to reunite the child and the family or that reasonable efforts to reunite the child and the family are not required pursuant to subsection (7) of this section; and (c) That procedural safeguards with respect to parental rights have been applied in connection with the continuation of the child in out-of-home placement, a change in the child's placement out of the home, and any determination affecting parental visitation. (6.7) Any time the court enters an order related to out-of-home placement pursuant to subsections (6)(a) to (6)(c) or subsection (6.5)(b) of this section; subsection (8)(f) of this section; section 19-2-508 (3)(a)(XI)(A) and (3)(a)(XI)(B); section 19-2-906.5 (1)(a), (1)(b), and (3)(a)(III); or sections 19-3-702 (3)(b) and 19-3-702.5 (1)(b), the order is effective as of the date the findings were made by the court, notwithstanding the date that a written order may be signed by the court. Written orders entered pursuant to subsections (6)(a) to (6)(c) or subsection (6.5)(b) of this section; subsection (8)(f) of this section; section 19-2-508 (3)(a)(XI)(A) and (3)(a)(XI)(B); section 19-2-906.5 (1)(a), (1)(b), and (3)(a)(III); or sections 19-3-702 (3)(b) and 19-3-702.5 (1)(b) must state "the effective date of this order is" and must not use the words "nunc pro tunc". (7) Reasonable efforts are not required to prevent the child's removal from the home or to reunify the child and the family in the following circumstances: (a) When the court finds that the parent has subjected the child to aggravated circumstances as described in sections 19-3-604 (1) and (2); or (b) When the parental rights of the parent with respect to a sibling of the child have been involuntarily terminated; unless the prior sibling termination resulted from a parent delivering a child to a firefighter or a staff member of a hospital or community clinic emergency center, as defined in section 19-3-304.5 (9), pursuant to the provisions of section 19-3-304.5; or (c) When the court finds that the parent has been convicted of any of the following crimes: (I) Murder of another child of the parent; (II) Voluntary manslaughter of another child of the parent; Colorado Revised Statutes 2019 Page 38 of 445 Uncertified Printout (III) Aiding, abetting, or attempting the commission of or conspiring or soliciting to commit the crimes in subparagraphs (I) and (II) of this paragraph (c); or (IV) A felony assault that resulted in serious bodily injury to the child or to another child of the parent. (8) (a) Whenever it appears necessary that the placement of a child out of the home will be for longer than ninety days, the placement is voluntary and not court-ordered, and the placement involves the direct expenditure of funds appropriated by the general assembly to the department of human services, a petition for review of need for placement shall be filed by the department or agency with which the child has been placed before the expiration of ninety days in the placement. A decree providing for voluntary placement of a child with an agency in which public moneys are expended shall be renewable in circumstances where there is documentation that the child has an emotional, a physical, or an intellectual disability that necessitates care and treatment for a longer duration than ninety days as provided pursuant to this paragraph (a). The court shall not transfer or require relinquishment of legal custody of, or otherwise terminate the parental rights with respect to, a child who has an emotional, a physical, or an intellectual disability and who was voluntarily placed out of the home for the purposes of obtaining special treatment or care solely because the parent or legal guardian is unable to provide the treatment or care. Whenever a child fifteen years of age or older consents to placement in a mental health facility pursuant to section 27-65-103, C.R.S., the review under section 27-65-103 (5), C.R.S., shall be conducted in lieu of and shall fulfill the requirements for review under this paragraph (a). (b) (I) The petition and all subsequent court documents in any proceedings brought under paragraph (a) of this subsection (8) shall be titled "The People of the State of Colorado, in the Interest of , a child (or children) and Concerning , Respondent." The petition shall be verified, and the statements in the petition may be made upon information and belief. (II) The petition shall set forth plainly the facts that bring the child within the court's jurisdiction, specifying that the child is subject to immediate placement out of the home or has been in voluntary placement out of the home and it appears that continuation of the placement is necessary for a time exceeding ninety days and continuation of the placement is necessary and is in the best interest of the child, the family, and the community. The petition shall also state the name, age, and residence of the child and the names and residences of his or her parents, guardian, or other legal custodian or of his or her nearest known relative if no parent, guardian, or other legal custodian is known. (III) All petitions filed pursuant to this subsection (8) shall include the following statement: "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 the future status of the child. The review of any decree of placement of a child subsequent to the three-month review required by section 19-1-115 (4)(a), Colorado Revised Statutes, may be conducted as an administrative review by the department of human services. 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." (c) After a petition has been filed, the court shall promptly issue a summons reciting briefly the substance of the petition. The summons shall be substantially in the form specified in section 19-3-502 and be dealt with in the manner provided in section 19-3-503 and shall set forth Colorado Revised Statutes 2019 Page 39 of 445 Uncertified Printout the constitutional and legal rights of the child, his or her parents or guardian, and any other respondent, including the right to have an attorney present at the hearing on the petition. The petitioner shall send the summons to the child and his or her parents, guardian, or legal custodian by certified mail. Notice of the hearing shall be given by the court to the director of the facility or agency in which the child is placed and any person who has physical custody of the child and any attorney or guardian ad litem of record. Nothing in this subsection (8) shall require the presence of any person before the court unless the court so directs. (d) The court shall appoint a guardian ad litem to protect the interest of the child for any child who is the subject of a petition for review of placement, unless the court makes specific findings that no useful purpose would be served by such appointment. (e) For purposes of determining proper placement of the child, the petition for review of placement or social study shall be accompanied by an evaluation for placement prepared by the department or agency that recommends placement or with which the child has been placed. The evaluation for placement shall include an assessment of the child's physical and mental health, developmental status, family and social history, and educational status. The petition shall also be accompanied by recommended placements for the child and the monthly cost of each and a treatment plan that contains, at a minimum, the goals to be achieved by the placement; the services to be provided; the intensity, duration, and provider of the services; identification of the services that can be provided only in a residential setting; and the recommended duration of the placement. The petition or social study shall also be accompanied by the required fee to be charged to the parents pursuant to paragraph (d) of subsection (4) of this section. In addition, if a change in legal custody is recommended, the evaluation for placement shall include other alternatives that have been explored and the reason for their rejection, and the evaluation for placement shall contain an explanation of any particular placements that were considered and rejected and the reason for their rejection. (f) The petition for review of need for placement shall request the court to determine, by a preponderance of the evidence, whether placement or continued placement is necessary and in the best interest of the child, the family, and the community and whether reasonable efforts have been made to return the child to a safe home or whether the child should be permanently removed from his or her home. If the court makes such findings, it shall enter a decree ordering the child's placement out of the home in the facility or setting that most appropriately meets the needs of the child, 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 or the evaluation for placement required by paragraph (e) of this subsection (8) that shall state the cost of recommended placement. If the evaluation for placement recommends placement in a facility located in Colorado that can provide appropriate treatment and that will accept the child, then the court shall not place the child in a facility outside this state. 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. A copy of such findings shall be sent to the chief justice of the Colorado supreme court, who shall report annually to the joint budget committee and the health and human services committees of the house of representatives and senate of the general assembly, or any successor committees, on such orders. If the court commits the child to the department of human services, it shall not make a specific placement, nor shall the provisions Colorado Revised Statutes 2019 Page 40 of 445 Uncertified Printout of this paragraph (f) relating to specific findings of fact be applicable. If the court makes a finding that continued placement is not necessary and is not in the best interest of the child, the family, and the community, the court shall dismiss the petition for review of need for placement and shall order that the child be returned home. The court may require a continued hearing of the petition for review of need for placement for a period not to exceed fourteen days if it finds that the materials submitted are insufficient to make a finding as provided in this paragraph (f). (g) A petition for review of need for placement shall not be handled as an informal adjustment in accordance with the provisions of section 19-3-501 (2). Source: L. 87: Entire title R&RE, p. 706, § 1, effective October 1. L. 89: (4)(c) amended, p. 930, § 1, effective April 23. L. 90: (4)(d) amended, p. 1014, § 2, effective July 1. L. 91: (1)(a) and (3)(a) amended, p. 264, § 6, effective May 31. L. 92: (3)(b) and (4) amended and (6) added, p. 221, § 5, effective July 1. L. 93: (4)(c) and (6) amended, p. 388, § 1, effective April 19; (4)(d) amended, p. 1546, § 2, effective July 1. L. 94: (3)(a), (4)(a), (4)(c), and (4)(d) amended, p. 2659, § 146, effective July 1. L. 98: (1) amended, p. 820, § 22, effective August 5. L. 2001: (6) amended and (7) added, p. 842, § 3, effective June 1. L. 2003: (7)(b) amended, p. 769, § 2, effective March 25; (1)(a) amended, p. 2629, § 12, effective June 5; IP(6) and (6)(b)(II) amended and (6.5) added, p. 2486, § 1, effective July 1. L. 2004: (6.7) added, p. 357, § 1, effective July 1. L. 2007: (4)(d) amended and (8) added, p. 1506, § 4, effective May 31. L. 2008: (3)(b), (4)(a), and (6.7) amended, p. 1891, § 61, effective August 5. L. 2009: (4)(a) amended, (SB 09-292), ch. 369, p. 1949, § 34, effective August 5. L. 2010: (8)(a) amended, (SB 10-175), ch. 188, p. 788, § 37, effective April 29. L. 2018: (7)(b) amended, (SB 18-050), ch. 20, p. 270, § 2, effective March 7; (4)(d)(I) amended, (SB 18-092), ch. 38, p. 407, § 29, effective August 8. L. 2019: (6.7) amended, (SB 19-108), ch. 294, p. 2728, § 22, effective July 1; (4)(c) and (6.7) amended, (HB 19-1219), ch. 237, p. 2355, § 4, effective August 2; (4)(d)(II) amended, (SB 19178), ch. 180, p. 2048, § 2, effective August 2; (4)(e), (4)(f), and (4.5) added, (HB 19-1308), ch. 256, p. 2459, § 4, effective August 2. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-3115 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Amendments to this subsection (6.7) by SB 19-108 and HB 19-1219 were harmonized. Cross references: For the legislative declaration contained in the 2001 act amending subsection (6) and enacting subsection (7), see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration contained in the 2007 act amending subsection (4)(d) and enacting subsection (8), see section 1 of chapter 351, Session Laws of Colorado 2007. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-1-115.3. Missing children and youth from out-of-home placement - required reporting to law enforcement. If a child or youth for whom the department of human services or a county department of human or social services has legal custody pursuant to the provisions of this title is determined by the agency to be missing, the agency having legal custody of said Colorado Revised Statutes 2019 Page 41 of 445 Uncertified Printout child or youth shall report the disappearance immediately, and in no case later than twenty-four hours after learning of the disappearance, to the National Center for Missing and Exploited Children and to law enforcement. Law enforcement authorities shall notify the Colorado bureau of investigation for transmission to the federal bureau of investigation for entry into the national crime information center database pursuant to section 16-2.7-103, C.R.S. Notwithstanding the provisions of this section, the reporting requirements set forth for foster parents and out-of-home placement facilities in section 19-2-920 shall still apply. Source: L. 2015: Entire section added, (HB 15-1078), ch. 41, p. 101, § 1, effective January 1, 2016. 19-1-115.5. Placement of children out of home - legislative declaration. (1) (a) (I) The general assembly hereby finds that the number of children in out-of-home placement has increased significantly. The general assembly further finds that the facility in which a child is placed out of home is often not located in the same school district as the child's school district of residence. Nevertheless, the general assembly finds that, under the provisions of the "Public School Finance Act of 1994", article 54 of title 22, C.R.S., children in foster home placement are considered residents of the school district in which the foster home is located. Accordingly, the school district in which the child is placed must accommodate the child and provide the child with the necessary educational services that serve the child's best interests while absorbing the costs associated with such services within the constraints of the school district's existing budget. The general assembly finds that in many circumstances it is not possible to meet the best interests of the child in out-of-home placement and the needs of other children enrolled in the school district within the confines of the district's budget. (II) The general assembly determines that the number of children in out-of-home placement and the severity of their attendant needs are increasing. The ability to meet the needs of the children in out-of-home placement is frequently restricted by the limited resources available to a school district. Furthermore, the general assembly finds that there is a disproportionately larger number of children in out-of-home placement in some school districts than in others, thereby directly impacting the ability of certain school districts to effectively manage and finance the provision of quality educational services to all students in those districts. (b) The general assembly therefore determines that it would serve the best interests of all children enrolled in a school district if the number of children placed in out-of-home placement facilities by county departments of human or social services in each of the various school districts is monitored so that the financial impact on all school districts throughout the state is manageable and equitable and so that the best interests of all children, whether or not in out-ofhome placement, can be served. (2) (a) Contingent upon implementation of the children, youth, and families automation project in the department of human services, the department shall make the following information available to all county departments throughout the state: (I) Vacancies in out-of-home placement facilities within each county; (II) The number of out-of-home placement children enrolled in each school district in relation to the total number of students enrolled in the school district; (III) A list of all out-of-home placement facilities in each school district; and Colorado Revised Statutes 2019 Page 42 of 445 Uncertified Printout (IV) To the extent known and within available resources, a list of the types of services available in each school district to meet the special needs of children in out-of-home placement. (b) In every proceeding pursuant to this title in which the court contemplates placing a child out of home, the county department shall make recommendations to the court concerning the proposed placement. Such recommendations shall include information about placement facilities that are most able to serve appropriately the best interests of the child. In making its recommendations to the court, the county department shall consider: (I) The special needs, if any, of the child to be placed, including the ability of the proposed out-of-home placement facility and the school district in which the proposed out-ofhome placement facility is located to provide the necessary services to meet those needs; (II) The proximity of the proposed out-of-home placement facility to the child's parents' home, if parental rights have not been terminated; (III) Whether the proposed placement facility is in the same school district as the child's parents' residence; (IV) If the proposed placement facility is not in the same school district as the child's parents' residence and if the information is available through the children, youth, and families automation project, the number of children placed out of home by the court who are already enrolled in the school district in which the proposed out-of-home placement facility is located. (c) If the recommendation of the county department is to place the child in a placement facility that is not located in the same school district as the child's parents' residence, the placing county department shall inform the school district in which the child's parents reside of the recommended placement. (d) In placing a child out of home, the court shall consider the recommendations of the county department and any information it may have concerning whether the child's educational needs can be met adequately if the child is placed in an out-of-home placement facility located in a school district other than the district in which the child's parents reside. (e) Upon entry of the court's order placing a child in an out-of-home placement facility located in a school district other than the school district in which the child's parents reside, the county department shall advise the school district in which the child's parents reside of the court's order. (f) When a school district is advised by the county department that a child residing in that school district is to be placed in an out-of-home placement facility in another school district pursuant to a court order, the school district shall contact the school district in which the child is to be placed concerning: (I) The special educational needs, if any, of the child; and (II) The resources necessary to meet those special needs. (3) The state board of education shall provide the department of human services with all aggregate, nonidentifying information concerning student enrollment in every school district in the state that the department of human services may request for purposes of implementing this section. Source: L. 97: Entire section added, p. 147, § 1, effective July 1. L. 2018: (1)(b) amended, (SB 18-092), ch. 38, p. 408, § 30, effective August 8. Colorado Revised Statutes 2019 Page 43 of 445 Uncertified Printout Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-1-116. Funding - alternatives to placement out of the home - services to prevent continued involvement in child welfare system. (1) The state department of human services shall reimburse allowable expenses to county departments of human or social services for foster care. The state department's budget request for foster care must be based upon the actual aggregate expenditure of federal, state, and local funds of all counties during the preceding twenty-four months on foster care. Special purpose funds, not to exceed five percent of the total appropriation for foster care, must be retained by the state department of human services for purposes of meeting emergencies and contingencies in individual counties. The amount thus reimbursed to each county must represent the total expenditure by an individual county for foster care and for alternative services provided in conformance with the plan prepared and approved pursuant to subsections (2)(b) and (4) of this section. (1.5) No later than July 1, 1994, each county in the state shall assure access to alternatives to out-of-home placements for families with children and youth who are at imminent risk of out-of-home placements. Beginning September 1, 2011, a county may also provide access for families to alternative services to prevent continued involvement with the county department child welfare system. Beginning September 1, 2018, a county may also provide access to alternative services for former foster care youth, as defined in section 26-5-101, who are no longer in the custody of the department but need limited assistance from the county. Two or more counties may jointly provide or purchase alternative services to families in the respective counties. Such services shall either be provided for under the plan adopted by placement alternative commissions in accordance with subsection (2)(b) of this section or purchased by the county if such county does not have a placement alternative commission for the county. If a county purchases alternative services, the county shall ensure that the services purchased meet the goals of placement alternative commission plans, as described in subsection (2)(b)(I) of this section. (2) (a) The county commissioners in each county may appoint a placement alternatives commission consisting, where possible, of a physician or a licensed health professional, an attorney, representatives of a local law enforcement agency, representatives recommended by the court and probation department, representatives from the county department of human or social services, a local mental health clinic, and the county, district, or municipal public health agency, a representative of a local school district specializing in special education, a representative of a local community centered board, representatives of a local residential child care facility and a private nonprofit agency providing nonresidential services for children and families, a representative specializing in occupational training or employment programs, a foster parent, and one or more representatives of the lay community. At least fifty percent of the commission members must represent the private sector. The county commissioners of two or more counties may jointly establish a district placement alternatives commission. A placement alternatives commission may be consolidated with other local advisory boards pursuant to section 24-1.7103. (b) (I) On or before July 1, 1994, the commission, if established, shall annually prepare a plan for the provision of services. The primary goals under the plan shall be to prevent imminent placement of children out of the home and to reunite children who have been placed out of the Colorado Revised Statutes 2019 Page 44 of 445 Uncertified Printout home with their families. If a county provides services to children who, without intervention, risk continued involvement with the child welfare system, the county shall include in the plan the goals to be achieved by providing said services. The plan shall be prepared using all available sources of information in the community, including public hearings. The plan shall specify the nature of the expenditures to be made and shall identify the services which are intended to prevent or minimize placement out of the home and to what extent. The plan shall contain, whenever practicable, a vocational component to provide assistance to older children concerning a transition into the work force upon completion of school. Upon approval of the plan by the county commissioners, the counties shall submit the plan to the department of human services. (II) On and after July 1, 1994, the commissions shall prepare multi-year plans for services which contain the same goals as described in subparagraph (I) of this paragraph (b), and the period for the plans shall be determined in state board rules. The multi-year plans may be amended annually for budgetary or programmatic changes that are necessary to enhance service delivery or as otherwise deemed necessary to accomplish the goals of the plan, which reasons shall be set forth in state board rules. Counties shall submit the multi-year plans for approval by the state board. (c) The commission shall review, on an ongoing basis, the effectiveness of programs within its jurisdiction which are designed to prevent or reduce placement and shall report its findings to the county commissioners annually. (d) Repealed. (e) Upon approval by the state board of human services of the plan submitted pursuant to paragraph (b) of this subsection (2), the department of human services shall reimburse county departments, as described in section 26-1-122, C.R.S., for eighty percent of the expenditures made in conformance with the plan. (3) Repealed. (4) (a) The departments of human services and education and the judicial department shall jointly develop guidelines for the content and submission of plans as described in paragraph (b) of subsection (2) of this section. Said guidelines shall include but not be limited to the information that is gathered by the commission, the goals to be addressed by the plan, the form of the budget for expenditures that are to be made under the plan, the services that are to be provided which are intended to prevent or minimize placement out of the home and to reunite children with their families and to what extent, and the method by which the plan may be amended during the year to meet the changing local conditions; except that amendments to the plan on and after July 1, 1994, shall be in accordance with subparagraph (II) of paragraph (b) of subsection (2) of this section. On and after July 1, 1993, any amendments to the guidelines shall be developed by the department of human services. Said guidelines shall then be submitted to the state board of human services, which shall promulgate rules for the submission of plans. (b) In addition to the duties described in paragraph (a) of this subsection (4), the state board of human services is hereby authorized to develop through the adoption of rules categories of programs and services that promote the primary goals of the plan established in accordance with paragraph (b) of subsection (2) of this section. Any plan established on and after July 1, 1994, shall provide for the availability and provision of services or programs within such categories. Any plan established before July 1, 1994, shall be amended on or before that date to provide for the availability and provision of services or programs within such categories. The Colorado Revised Statutes 2019 Page 45 of 445 Uncertified Printout department of human services shall monitor the implementation of the plans as approved by the state board. (5) Children currently residing in institutions whose condition would permit them to be discharged to less restrictive settings shall be so transferred at the earliest possible date. Moneys appropriated and available to the department of human services shall be allocated on a priority basis by the department to county departments for the purposes of providing care to children who are discharged from the institution in which they reside if such children then receive care that is less intensive, closer to the residence of the parents or family, or in a less restrictive setting. (6) It is the intent of the general assembly that state money appropriated for placements out of the home must not be used by county boards of human or social services for the development of new county-run programs or for the expansion of existing staff or programs, if such development or expansion duplicates services already provided in the community, including, but not limited to, day care programs, independent living programs, home-based care, transitional care, alternative school programs, counseling programs, street academies, tutorial programs, and in-home treatment and counseling programs. (7) (a) Any county is hereby authorized to establish a program under which a multidisciplinary, noncategorical program fund for the county shall be created and moneys from such fund shall be used to provide child welfare services to at-risk children and their families. Except as otherwise provided by federal law, the moneys in the county's fund contributed by state agencies shall be exempt from restrictive, categorical rules otherwise governing the use of such funds, including the "M" notation in the state's annual appropriations act which describes the general and federal fund contributions for federally supported programs. (b) Such services shall include, but are not limited to, assessment, intervention, treatment, supervision, and shelter when and if appropriate. (c) (I) The fund for each county must consist of contributions, made by any state, county, or local agency, of federal, state, or local funds appropriated to or contributed by such agencies for child welfare services for at-risk children and their families. Appropriated funds include, but are not limited to, those appropriated to county departments of human or social services, the state department of human services, the department of public health and environment, the department of education, the department of public safety, the judicial department, and the job training partnership office in the governor's office. Each state agency's contribution to a county's fund must be contingent upon and equal to contributions from the participating county and any other local agency that participates and seeks money from the fund. Nothing in this subsection (7) allows the allocation of general fund money to any other participating county in the same manner that such money is allocated to Mesa county in accordance with section 2 of House Bill 93-1171, as enacted during the first regular session of the fifty-ninth general assembly. (II) The fund for each county may also consist of contributions from the fund of any other participating county. (d) The county board of human or social services for a county shall convene a meeting of the local and state agencies that provide child welfare services to at-risk children and their families, that will participate in the program, and that seek money from the county's fund. The meeting is for the purpose of developing and adopting a memorandum of understanding between such agencies and the county's board of human or social services concerning the amount of Colorado Revised Statutes 2019 Page 46 of 445 Uncertified Printout contributions to the fund described in subsection (7)(c) of this section and the allocation and use of money allocated from the fund. The memorandum of understanding must provide for the designation of a governing entity to oversee the administration of the fund and a fiscal agent, a three-year plan, provisions for evaluating the programmatic and fiscal impact and overall effectiveness of the program, and a process for submitting the results of the evaluation to the general assembly and state officials on an annual basis. (e) The state agencies affected by the implementation of the three-year plan described in subsection (7)(d) of this section shall review and approve the plan. The state agencies shall act on the plan within ninety days after the plan is submitted to the state agencies. It is the intent of the general assembly that the plan be implemented and that the state agencies cooperate in the plan's development and implementation. Prior to the implementation of the program, a copy of the approved plan must be submitted to the joint budget committee of the general assembly. Prior to the expiration of the three-year plan, the county board of human or social services shall follow the procedures described in subsection (7)(d) of this section for readoption of or revisions to the three-year plan. Source: L. 87: Entire title R&RE, p. 707, § 1, effective October 1. L. 90: (1), (2)(b), (2)(e), and (3) amended and (2)(d) repealed, pp. 1013, 1015, §§ 1, 4, effective July 1. L. 93: (1.5) added and (2) and (4) amended, p. 2002, § 2, effective June 9; (7) added, p. 2095, § 1, effective July 1; (4) amended, p. 1135, § 66, effective July 1, 1994. L. 94: (1), (2)(a), (2)(b)(I), (2)(e), (3), (4)(b), (5), and (7)(c) amended, pp. 2659, 2736, §§ 147, 363, effective July 1; (7) amended, p. 1798, § 1, effective July 1. L. 96: (2)(b)(I) amended, p. 82, § 3, effective March 20; (3) amended, p. 1256, § 143, effective August 7. L. 97: (2)(a) amended, p. 1191, § 12, effective July 1. L. 98: (3) amended, p. 729, § 16, effective May 18; (4)(a) amended, p. 821, § 23, effective August 5. L. 2001: (3) repealed, p. 1176, § 5, effective August 8. L. 2010: (2)(a) amended, (HB 10-1422), ch. 419, p. 2075, § 35, effective August 11. L. 2011: (1.5) and (2)(b)(I) amended, (HB 11-1196), ch. 160, p. 553, § 3, effective August 10. L. 2018: (1.5) amended, (HB 18-1319), ch. 217, p. 1391, § 4, effective May 18; (1), (2)(a), (6), (7)(c)(I), (7)(d), and (7)(e) amended, (SB 18-092), ch. 38, p. 408, § 31, effective August 8. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3120 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Amendments to subsection (4) in Senate Bill 93-254 and House Bill 93-1317 were harmonized. Amendments to subsection (2)(a) in section 147 of House Bill 94-1029 were superseded by amendments in section 363 of House Bill 94-1029. Amendments to subsection (7) in House Bill 94-1357 and House Bill 94-1029 were harmonized. Cross references: For the legislative declaration contained in the 1993 act amending subsection (4), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1996 act amending subsection (3), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 47 of 445 Uncertified Printout 19-1-117. Visitation rights of grandparents or great-grandparents. (1) Any grandparent or great-grandparent of a child may, in the manner set forth in this section, seek a court order granting the grandparent or great-grandparent reasonable grandchild or greatgrandchild visitation rights when there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to that child. Because cases arise that do not directly deal with child custody or the allocation of parental responsibilities but nonetheless have an impact on the custody of or parental responsibilities with respect to a child, for the purposes of this section, a "case concerning the allocation of parental responsibilities with respect to a child" includes any of the following, whether or not child custody was or parental responsibilities were specifically an issue: (a) That the marriage of the child's parents has been declared invalid or has been dissolved by a court or that a court has entered a decree of legal separation with regard to such marriage; (b) That legal custody of or parental responsibilities with respect to the child have been given or allocated to a party other than the child's parent or that the child has been placed outside of and does not reside in the home of the child's parent, excluding any child who has been placed for adoption or whose adoption has been legally finalized; or (c) That the child's parent, who is the child of the grandparent or grandchild of the greatgrandparent, has died. (2) A party seeking a grandchild or great-grandchild visitation order shall submit, together with his or her motion for visitation, to the district court for the district in which the child resides an affidavit setting forth facts supporting the requested order and shall give notice, together with a copy of his or her affidavit, to the party who has legal custody of the child or to the party with parental responsibilities as determined by a court pursuant to article 10 of title 14, C.R.S. The party with legal custody or parental responsibilities as determined by a court pursuant to article 10 of title 14, C.R.S., may file opposing affidavits. If neither party requests a hearing, the court shall enter an order granting grandchild or great-grandchild visitation rights to the petitioning grandparent or great-grandparent only upon a finding that the visitation is in the best interests of the child. A hearing shall be held if either party so requests or if it appears to the court that it is in the best interests of the child that a hearing be held. At the hearing, parties submitting affidavits shall be allowed an opportunity to be heard. If, at the conclusion of the hearing, the court finds it is in the best interests of the child to grant grandchild or greatgrandchild visitation rights to the petitioning grandparent or great-grandparent, the court shall enter an order granting such rights. (3) A grandparent or great-grandparent shall not file an affidavit seeking an order granting grandchild or great-grandchild visitation rights more than once every two years absent a showing of good cause. If the court finds there is good cause to file more than one such affidavit, it shall allow such additional affidavit to be filed and shall consider it. The court may order reasonable attorney fees to the prevailing party. The court may not make any order restricting the movement of the child if such restriction is solely for the purpose of allowing the grandparent or great-grandparent the opportunity to exercise his grandchild or great-grandchild visitation rights. (4) The court may make an order modifying or terminating grandchild or greatgrandchild visitation rights whenever such order would serve the best interests of the child. (5) Any order granting or denying parenting time rights to the parent of a child shall not affect visitation rights granted to a grandparent or great-grandparent pursuant to this section. Colorado Revised Statutes 2019 Page 48 of 445 Uncertified Printout Source: L. 87: Entire title R&RE, p. 709, § 1, effective October 1. L. 91: (5) added, p. 262, § 3, effective May 31. L. 93: (5) amended, p. 581, § 18, effective July 1. L. 98: IP(1), (1)(b), and (2) amended, p. 1406, § 64, effective February 1, 1999. L. 2014: IP(1), (1)(c), (2), (3), (4), and (5) amended, (HB 14-1362), ch. 374, p. 1787, § 2, effective June 6. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-116 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 1993 act amending subsection (5), see section 1 of chapter 165, Session Laws of Colorado 1993. 19-1-117.5. Disputes concerning grandparent or great-grandparent visitation. (1) Upon a verified motion by a grandparent or great-grandparent who has been granted visitation or upon the court's own motion alleging that the person with legal custody or parental responsibilities of the child as determined by a court pursuant to article 10 of title 14, C.R.S., with whom visitation has been granted is not complying with a grandparent or great-grandparent visitation order or schedule, the court shall determine from the verified motion, and response to the motion, if any, whether there has been or is likely to be a substantial and continuing noncompliance with the grandparent or great-grandparent visitation order or schedule and either: (a) Deny the motion, if there is an inadequate allegation; or (b) Set the matter for hearing with notice to the grandparent or great-grandparent and the person with legal custody or parental responsibilities of the child as determined by the court of the time and place of the hearing; or (c) Require said parties to seek mediation and report back to the court on the results of the mediation within sixty days. Mediation services shall be provided in accordance with section 13-22-305, C.R.S. At the end of the mediation period, the court may approve an agreement reached by the parties or shall set the matter for hearing. (2) After the hearing, if a court finds that the person with legal custody or parental responsibilities of the child as determined by the court has not complied with the visitation order or schedule and has violated the court order, the court, in the best interests of the child, may issue orders which may include but need not be limited to: (a) Imposing additional terms and conditions which are consistent with the court's previous order; (b) Modifying the previous order to meet the best interests of the child; (c) Requiring the violator to post bond or security to insure future compliance; (d) Requiring that makeup visitation be provided for the aggrieved grandparent or greatgrandparent and child under the following conditions: (I) That such visitation is of the same type and duration of visitation as that which was denied, including but not limited to visitation during weekends, on holidays, and on weekdays and during the summer; (II) That such visitation is made up within one year after the noncompliance occurs; (III) That such visitation is in the manner chosen by the aggrieved grandparent or greatgrandparent if it is in the best interests of the child; Colorado Revised Statutes 2019 Page 49 of 445 Uncertified Printout (e) Finding the person who did not comply with the visitation schedule in contempt of court and imposing a fine or jail sentence; (f) Awarding to the aggrieved party, where appropriate, actual expenses, including attorney fees, court costs, and expenses incurred by a grandparent or great-grandparent because of the other person's failure to provide or exercise court-ordered visitation. Nothing in this section shall preclude a party's right to a separate and independent legal action in tort. Source: L. 91: Entire section added, p. 262, § 4, effective May 31. L. 98: IP(1), (1)(b), and IP(2) amended, p. 1407, § 65, effective February 1, 1999. L. 2014: IP(1), (1)(b), IP(2)(d), (2)(d)(III), and (2)(f) amended, (HB 14-1362), ch. 374, p. 1788, § 3, effective June 6. 19-1-117.6. Definitions. (Repealed) Source: L. 91: Entire section added, p. 262, § 4, effective May 31. L. 96: Entire section repealed, p. 85, § 11, effective March 20. 19-1-117.7. Requests for placement - legal custody by grandparents. Whenever a grandparent seeks the placement of his or her grandchild in the grandparent's home or seeks the legal custody of his or her grandchild pursuant to the provisions of this title, the court entering such order shall consider any credible evidence of the grandparent's past conduct of child abuse or neglect. Such evidence may include, but shall not be limited to, medical records, school records, police reports, information contained in records and reports of child abuse or neglect, and court records received by the court pursuant to section 19-1-307 (2)(f). Source: L. 91: Entire section added, p. 262, § 4, effective May 31. L. 2003: Entire section amended, p. 1401, § 6, effective January 1, 2004. Cross references: For the legislative declaration contained in the 2003 act amending this section, see section 1 of chapter 196, Session Laws of Colorado 2003. 19-1-118. Court records - inspection. (Repealed) Source: L. 87: Entire title R&RE, p. 710, § 1, effective October 1. L. 89: (4) and (5) added, p. 914, § 1, effective July 1. L. 90: Entire section repealed, p. 1012, § 8, effective July 1. 19-1-119. Confidentiality of juvenile records - delinquency. (Repealed) Source: L. 90: Entire section added, p. 1007, § 2, effective July 1. L. 91: IP(1)(a) amended and (1)(b.5) added, p. 205, § 1, effective July 1. L. 93: Entire section amended, p. 932, § 2, effective May 28; (1)(a), (1)(b), and (2)(a) amended, p. 1547, § 3, effective July 1; (1)(a)(VII) amended, p. 969, § 5, effective July 1; (5) amended, p. 453, § 4, effective July 1. L. 93, 1st Ex. Sess.: (1)(b.5) amended, p. 36, § 1, effective September 13. L. 94: (1)(b.5), IP(1)(c)(II), IP(2)(a), and (5) amended and (1)(b.7) added, p. 910, § 6, effective April 28; (1)(a)(X), (1)(a)(XIII)(A), (1)(c)(V), (2)(a)(X), (2)(a)(XIV)(A), and (6) amended, p. 2661, § 148, Colorado Revised Statutes 2019 Page 50 of 445 Uncertified Printout effective July 1. L. 96: (1)(a)(XIV) added, p. 1585, § 8, effective July 1; entire section repealed, p. 1173, § 7, effective January 1, 1997. Editor's note: This section was relocated to § 19-1-304 in 1997. 19-1-120. Confidentiality of records - dependency and neglect. (Repealed) Source: L. 90: Entire section added, (2)(k) and (2)(k)(I) amended, and (2)(l) added, pp. 1009, 1031, 1845, §§ 2, 21, 27, effective July 1; (2)(j) amended, p. 1845, § 37, effective October 1. L. 91: (2)(k) amended and (2)(m) to (2)(o) and (2.5) added, pp. 221, 222, §§ 1, 2, effective May 24. L. 92: (2)(a) amended, p. 406, § 21, effective June 3; (2)(a) amended, p. 1103, § 1, effective July 1. L. 93: (2)(k) and (2)(l) amended, p. 1779, § 42, effective June 6. L. 94: (2)(p) added, p. 2084, § 3, effective June 3; (2)(k), IP(2)(m), and (2)(o) amended, p. 2662, § 149, effective July 1. L. 96: (2)(q) added and (2.5) amended, p. 1586, §§ 9, 10, effective July 1; entire section repealed, p. 1173, § 7, effective January 1, 1997. Editor's note: This section was relocated to § 19-1-307 in 1997. 19-1-121. Confidentiality of records - "Uniform Parentage Act". (Repealed) Source: L. 90: Entire section added, p. 1011, § 2, effective July 1. L. 94: Entire section amended, p. 1540, § 12, effective May 31. L. 96: Entire section repealed, p. 1173, § 7, effective January 1, 1997. Editor's note: This section was relocated to § 19-1-308 in 1997. 19-1-122. Confidentiality of records - relinquishments and adoptions. (Repealed) Source: L. 90: Entire section added, p. 1011, § 2, effective July 1. L. 93: Entire section amended, p. 656, § 2, effective July 1. L. 96: Entire section repealed, p. 1173, § 7, effective January 1, 1997. Editor's note: This section was relocated to § 19-1-309 in 1997. 19-1-123. Expedited procedures for permanent placement - children under the age of six years - designated counties. (1) (a) The expedited procedures for the permanent placement of children under the age of six years required by article 3 of this title 19 must be implemented on a county-by-county basis beginning July 1, 1994. The state department of human services, in consultation with the judicial department and the governing boards of each county department of human or social services, shall have the responsibility for establishing an implementation schedule that provides for statewide implementation of such expedited procedures by June 30, 2004. A designated county is required to implement the expedited procedures on and after the implementation date applicable to the county as specified in the implementation schedule for each new case filed in the county involving a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2). Colorado Revised Statutes 2019 Page 51 of 445 Uncertified Printout (b) (Deleted by amendment, L. 2000, p. 73, § 1, effective March 10, 2000.) (2) (a) The implementation of expedited procedures in additional counties shall be subject to specific appropriation by the general assembly or by determination by a county that no additional resources are needed. (b) (Deleted by amendment, L. 2004, p. 193, § 6, effective August 4, 2004.) Source: L. 94: Entire section added, p. 2052, § 3, effective July 1. L. 98: (2)(a) amended, p. 730, § 17, effective May 18. L. 2000: (1)(b) and (2)(a) amended, p. 73, § 1, effective March 10. L. 2004: (2) amended, p. 193, § 6, effective August 4. L. 2018: (1)(a) amended, (SB 18-092), ch. 38, p. 409, § 32, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-1-124. Providers of children's services using federal or state moneys - use of state accounting standards. In order to ensure financial accountability, on and after July 1, 1997, all service providers receiving federal or state moneys through the state for the provision of services to children, youth, and families pursuant to this title shall use the accounting standards of the governmental accounting standards board. Source: L. 96: Entire section added, p. 1155, § 5, effective January 1, 1997. 19-1-125. Family stabilization services. (1) It is the intent of the general assembly to assist in the provision of appropriate and necessary short-term services to help stabilize families that are at risk of having their children placed in out-of-home placement when those families voluntarily request such services. It is further the intent of the general assembly that county departments provide for family stabilization services through contracts with private or nonprofit organizations or entities whenever possible. (2) Repealed. (3) County departments shall use any moneys allocated pursuant to this section to provide for family stabilization services, defined by rule of the state board of human services, that may include but not be limited to: (a) Less than twenty-four-hour respite care for parents and children; (b) In-home services that may include kinship care and counseling; or (c) Services that assist the family to reintegrate following a separation or out-of-home placement. Source: L. 2001: Entire section added, p. 739, § 1, effective June 1. L. 2002: (1) and (2) amended, p. 528, § 2, effective May 24. L. 2003: (2) amended, p. 386, § 1, effective March 5. L. 2004: (2)(d) added, p. 1555, § 3, effective May 28. Editor's note: Subsection (2)(d)(I) provided for the repeal of subsection (2), effective July 1, 2006. (See L. 2004, p. 1555.) Colorado Revised Statutes 2019 Page 52 of 445 Uncertified Printout 19-1-126. Compliance with the federal "Indian Child Welfare Act". (1) In each case filed pursuant to this title 19 that constitutes a child custody proceeding, as defined in the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901 et seq., and therefore to which the terms of the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901 et seq., apply, the court and each party to the proceeding shall comply with the federal implementing regulations, and any modifications thereof, of the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901 et seq., located in 25 CFR 23, which outline the minimum federal standards governing the implementation of the "Indian Child Welfare Act" to ensure the statute is applied in Colorado consistent with the act's express language, congress's intent in enacting the statute, and to promote the stability and security of Indian children, tribes, and families. In each child-custody proceeding filed pursuant to this title 19 to which the terms of the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901 et seq., apply: (a) (I) The court shall make inquiries to determine whether the child who is the subject of the proceeding is an Indian child, and, if so, shall determine the identity of the Indian child's tribe. In determining the Indian child's tribe: (A) The court shall ask each participant in an emergency or voluntary or involuntary child-custody proceeding whether the participant knows or has reason to know that the child is an Indian child. The inquiry is to be made at the commencement of the proceeding, and all responses must be on the record. The court shall instruct the participants to inform the court if any participant subsequently receives information that provides reason to know the child is an Indian child. (B) Any party to the proceeding shall disclose any information indicating that the child is an Indian child or provide an identification card indicating membership in a tribe to the petitioning and filing parties and the court in a timely manner. The court shall order the party to provide the information no later than seven business days after the date of the hearing or prior to the next hearing on the matter, whichever occurs first. The information should be filed with the court and provided to the county department of human or social services and each party no later than seven business days after the date of the hearing. (II) The court, upon conducting the inquiry described in subsection (1)(a) of this section, has reason to know that a child is an Indian child if: (A) Any participant in the child-custody proceeding, officer of the court involved in the child-custody proceeding, Indian tribe, Indian organization, or agency informs the court that the child is an Indian child; (B) Any participant in the child-custody proceeding, officer of the court involved in the child-custody proceeding, Indian tribe, Indian organization, or agency informs the court that it has discovered information indicating that the child is an Indian child; (C) The child who is the subject of the child-custody proceeding gives the court reason to know he or she is an Indian child; (D) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska native village; (E) The court is informed that the child is or has been a ward of a tribal court, as defined in 25 U.S.C. sec. 1903; or (F) The court is informed that the child or the child's parent possesses an identification card indicating membership in an Indian tribe. Colorado Revised Statutes 2019 Page 53 of 445 Uncertified Printout (b) If the court knows or has reason to know, as defined in subsection (1)(a)(II) of this section, that the child who is the subject of the proceeding is an Indian child, the petitioning or filing party shall send notice by registered or certified mail, return receipt requested, to the parent or parents, the Indian custodian or Indian custodians of the child and to the tribal agent of the Indian child's tribe as designated in 25 CFR 23, or, if there is no designated tribal agent, the petitioning or filing party shall contact the tribe to be directed to the appropriate office or individual. In providing notice, the court and each party shall comply with 25 CFR 23.111. (c) The petitioning or filing party shall disclose in the complaint, petition, or other commencing pleading filed with the court that the child who is the subject of the proceeding is an Indian child and the identity of the Indian child's tribe or what efforts the petitioning or filing party has made in determining whether the child is an Indian child. If the child who is the subject of the proceeding is determined to be an Indian child, the petitioning or filing party shall further identify what reasonable efforts have been made to send notice to the persons identified in subsection (1)(b) of this section. The postal receipts indicating that notice was properly sent by the petitioning or filing party to the parent or Indian custodian of the Indian child and to the Indian child's tribe must be attached to the complaint, petition, or other commencing pleading filed with the court; except that, if notification has not been perfected at the time the initial complaint, petition, or other commencing pleading is filed with the court or if the postal receipts have not been received back from the post office, the petitioning or filing party shall file the postal receipts with the court. Any responses sent by the tribal agents to the petitioning or filing party, the county department of human or social services, or the court must be distributed to the parties and deposited with the court. (2) If there is reason to know the child is an Indian child but the court does not have sufficient evidence to determine that the child is or is not an Indian child, the court shall: (a) Confirm, by way of a report, declaration, or testimony included in the record, that the petitioning or filing party used due diligence to identify and work with all of the tribes of which there is reason to know the child may be a member, or eligible for membership, to verify whether the child is in fact a member, or a biological parent is a member and the child is eligible for membership; and (b) Treat the child as an Indian child, unless and until it is determined on the record that the child does not meet the definition of an Indian child. (3) If the court receives information that the child may have Indian heritage but does not have sufficient information to determine that there is reason to know that the child is an Indian child pursuant to subsection (1)(a)(II) of this section, the court shall direct the petitioning or filing party to exercise due diligence in gathering additional information that would assist the court in determining whether there is reason to know that the child is an Indian child. The court shall direct the petitioning or filing party to make a record of the effort taken to determine whether or not there is reason to know that the child is an Indian child. (4) If the court finds that the child is an Indian child, the court shall ensure compliance with the requirements of the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901 et seq. Source: L. 2002: Entire section added, p. 784, § 3, effective May 30. L. 2018: (3) amended, (SB 18-092), ch. 38, p. 410, § 33, effective August 8. L. 2019: Entire section amended, (HB 19-1232), ch. 305, p. 2791, § 2, effective May 28. Colorado Revised Statutes 2019 Page 54 of 445 Uncertified Printout Cross references: For the legislative declaration contained in the 2002 act enacting this section, see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 19-1232, see section 1 of chapter 305, Session Laws of Colorado 2019. 19-1-127. Responsibility for placement and care. (1) "Responsibility for placement and care", for purposes of compliance with federal requirements pursuant to the federal "Social Security Act", 42 U.S.C. sec. 672 (2), means the specified entity is considered to have the responsibility for placement and care of a child if: (a) A county department of human or social services has entered into a voluntary placement agreement with the parent or guardian of the child; (b) A court, as a result of a petition for review of need of placement, has determined that a county department of human or social services shall have continuing placement and care responsibility of the child who entered care pursuant to a voluntary placement; (c) A court has awarded legal custody of the child to a county department of human or social services, or has committed the child to the custody of the state department of human services; or (d) An agency, such as a tribal agency, with which the state department of human services has a contract pursuant to the federal "Social Security Act", has placement and care responsibility of the child pursuant to a voluntary placement agreement or a court order awarding custody of the child to the agency. Source: L. 2006: Entire section added, p. 507, § 2, effective April 18. L. 2018: Entire section amended, (SB 18-092), ch. 38, p. 410, § 34, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-1-128. Foster care sibling visits - rules. (Repealed) Source: L. 2008: Entire section added, p. 1, § 1, effective August 5. L. 2019: Entire section repealed, (HB 19-1288), ch. 216, p. 2238, § 3, effective August 2. Editor's note: This section was relocated to § 19-7-204 in 2019. 19-1-129. Department - research authorized - prenatal substance exposure newborn and family outcomes - report. (1) The department may conduct research as related to the definition of "abuse" in section 19-1-103 concerning the incidence of prenatal substance exposure and related newborn and family health and human services outcomes as the result of a mother's lawful and unlawful intake of controlled substances. (2) Beginning in January 2021 and every two years thereafter, the department shall report the outcomes of any research conducted pursuant to subsection (1) of this section to the joint health committees of the general assembly as part of its "State Measurement for Colorado Revised Statutes 2019 Page 55 of 445 Uncertified Printout Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203. Source: L. 2019: Entire section added, (SB 19-228), ch. 276, p. 2603, § 6, effective May 23. Editor's note: Section 20(2) of chapter 276 (SB 19-228), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct occurring on or after May 23, 2019. PART 2 COURT-APPOINTED SPECIAL ADVOCATE PROGRAM Law reviews: For article "CASA--A Powerful Voice for a Child", see 36 Colo. Law. 97 (Oct. 2007). 19-1-201. Legislative intent. (1) (a) The general assembly hereby finds and declares that quality representation for children requires legal expertise and thorough case monitoring. (b) The work of community volunteers has been proven to be effective in addressing the needs of children. Partnerships between guardians ad litem and community volunteers can enhance the quality of representation for children. (c) The general assembly further finds and declares that the state should promote volunteerism and the exercise of responsible citizenship to enable members of local communities to become advocates for children. (2) Therefore, the general assembly hereby authorizes the creation of volunteer courtappointed special advocate (CASA) programs in order to enhance the quality of representation of children. Source: L. 96: Entire part added, p. 1090, § 4, effective May 23. L. 2003: (2) amended, p. 754, § 5, effective March 25. 19-1-202. Creation of CASA programs. (1) CASA programs may be established in each judicial district or any two or more judicial districts and shall operate pursuant to a memorandum of understanding between the chief judge of the judicial district and the CASA program. The memorandum of understanding must identify the roles and responsibilities of any CASA volunteer appointed in the judicial district or districts and must indicate whether any CASA volunteer may be made a party to the action. The memorandum of understanding may be amended or modified at any time to add or delete roles and responsibilities pursuant to this part 2. (2) A CASA program established pursuant to the provisions of this part 2 must: (a) Be a community organization that screens, trains, and supervises CASA volunteers to advocate for the best interests of children in actions brought pursuant to this title and titles 14 and 15, C.R.S., or for a child in a truancy proceeding pursuant to the "School Attendance Law of 1963", part 1 of article 33 of title 22, C.R.S.; Colorado Revised Statutes 2019 Page 56 of 445 Uncertified Printout (b) Be a member in good standing of the Colorado CASA association and the national CASA association and adhere to the guidelines established by those associations; (c) Appoint a program director who shall have the responsibilities set forth in section 191-203; (d) Have adequate supervisory and support staff who shall be easily accessible, hold regular case conferences with CASA volunteers to review case progress, and conduct annual performance reviews for all CASA volunteers; (e) Provide staff and CASA volunteers with written program policies, practices, and procedures; (f) Provide the training required pursuant to section 19-1-204; and (g) Attempt to maintain a CASA volunteer-to-supervisor ratio of thirty-to-one. Source: L. 96: Entire part added, p. 1090, § 4, effective May 23. L. 2008: (1) amended, p. 30, § 1, effective March 13. L. 2015: (1), IP(2), and (2)(a) amended, (SB 15-004), ch. 254, p. 925, § 1, effective August 5. 19-1-203. Program director. (1) The program director shall be responsible for the administration of the CASA program, including recruitment, selection, training, and supervision and evaluation of staff and CASA volunteers. (2) The program director shall serve as a professional liaison between the court and community agencies serving children. Source: L. 96: Entire part added, p. 1091, § 4, effective May 23. 19-1-204. Training requirements. (1) All CASA volunteers shall participate fully in preservice training, including instruction on recognizing child abuse and neglect, cultural awareness, child development, education standards, the juvenile court process, permanency planning, volunteer roles and responsibilities, advocacy, information gathering, and documentation. CASA volunteers shall be required to participate in observation of court proceedings prior to appointment. (2) All CASA volunteers shall receive a training manual that shall include guidelines for their service and duties. (3) Each CASA program shall provide a minimum of ten hours of in-service training per year to CASA volunteers. Source: L. 96: Entire part added, p. 1091, § 4, effective May 23. L. 2015: (1) amended, (SB 15-004), ch. 254, p. 926, § 2, effective August 5. 19-1-205. Selection of CASA volunteers. (1) Each CASA program shall adopt regulations consistent with subsection (2) of this section and with the Colorado CASA association and national CASA association guidelines governing qualifications and selection of CASA volunteers. Each CASA program's regulations shall include provisions that qualified adults shall not be discriminated against based on gender, socioeconomic, religious, racial, ethnic, or age factors. Colorado Revised Statutes 2019 Page 57 of 445 Uncertified Printout (2) The minimum qualifications for any prospective CASA volunteer are that he or she shall: (a) Be at least twenty-one years of age or older and have demonstrated an interest in children and their welfare; (b) Be willing to commit to the court for a minimum of one year of service to a child; (c) Complete an application, including providing background information required pursuant to subsection (3) of this section; (d) Participate in a screening interview; (e) Participate in the training required pursuant to section 19-1-204; and (f) Meet other qualifications as determined by the CASA program director and the chief judge of the judicial district. (3) A prospective CASA volunteer's application shall include: (a) A copy of any criminal history record and motor vehicle record; (a.5) Written authorization for the CASA program to obtain information contained in any records or reports of child abuse or neglect concerning the prospective CASA volunteer; (b) At least three references who can address his or her character, judgment, and suitability for the position; and (c) Records from any other jurisdictions in which he or she resided during the one-year time period prior to the date of the application if the prospective CASA volunteer has resided in the state of Colorado for less than twelve months. Source: L. 96: Entire part added, p. 1091, § 4, effective May 23. L. 2003: (3)(a) amended and (3)(a.5) added, p. 1401, § 7, effective January 1, 2004. Cross references: For the legislative declaration contained in the 2003 act amending subsection (3)(a) and enacting subsection (3)(a.5), see section 1 of chapter 196, Session Laws of Colorado 2003. 19-1-206. Appointment of CASA volunteers. (1) (a) A judge or magistrate may appoint a CASA volunteer in any action brought pursuant to this title and titles 14 and 15, C.R.S., when, in the opinion of the judge or magistrate, a child who may be affected by such action requires services that a CASA volunteer can provide. At the discretion of the judge or magistrate, a CASA volunteer may be a party to the action if so provided for in the memorandum of understanding. (b) A judge or magistrate may appoint a CASA volunteer in any action brought in a proceeding pursuant to the "School Attendance Law of 1963", part 1 of article 33 of title 22, C.R.S., provided that at least one parent or legal guardian of the child involved is provided with notice of the appointment of a CASA volunteer. (2) A CASA volunteer shall be appointed at the earliest stages of an action pursuant to a court order that gives him or her the authority to review all relevant documents and interview all parties involved in the case, including parents, other parties in interest, and any other persons having significant information relating to the child. (3) The CASA volunteer's appointment concludes: (a) When the court's jurisdiction over the child terminates; or Colorado Revised Statutes 2019 Page 58 of 445 Uncertified Printout (b) Upon discharge by the court on its own motion or at the request of the program director of the CASA program to which the CASA volunteer is assigned. Source: L. 96: Entire part added, p. 1092, § 4, effective May 23. L. 2015: (1) and IP(3) amended, (SB 15-004), ch. 254, p. 926, § 3, effective August 5. 19-1-207. Restrictions. (1) A CASA volunteer shall not: (a) Accept any compensation for the duties and responsibilities of his or her appointment; (b) Have any association that creates a conflict of interest with his or her duties; (c) Be related to any party or attorney involved in a case; (d) Be employed in a position that could result in a conflict of interest or give rise to the appearance of a conflict; (e) Use the CASA volunteer position to seek or accept gifts or special privileges. Source: L. 96: Entire part added, p. 1093, § 4, effective May 23. 19-1-208. Duties of CASA volunteer. (1) Independent case investigation. Upon appointment in an action, a CASA volunteer may have the duty to: (a) Conduct an independent investigation regarding the best interests of the child that will provide factual information to the court regarding the child and the child's family. The investigation shall include interviews with and observations of the child, interviews with other appropriate individuals, and the review of relevant records and reports. (b) Determine if an appropriate treatment plan, as described in section 19-1-103 (10), has been created for the child, whether appropriate services are being provided to the child and family, and whether the treatment plan is progressing in a timely manner; (c) Determine if additional services are necessary to ensure educational success for a child in a proceeding pursuant to the "School Attendance Law of 1963", part 1 of article 33 of title 22, C.R.S. (2) Recommendations. Unless otherwise ordered by the court, the CASA volunteer, with the support and supervision of the CASA program staff, shall make recommendations consistent with the best interests of the child regarding placement, visitation, and appropriate services for the child and family and shall prepare a written report to be distributed to the parties of the action. (3) Reports. The CASA volunteer shall assure that the child's best interests are being advocated at every stage of the case and prepare written reports to be distributed to the parties of the action. (4) Case monitoring. The CASA volunteer shall monitor the case to which he or she has been appointed to assure that the child's essential needs are being met and that the terms of the court's orders have been fulfilled in an appropriate and timely manner. (5) Witness. The CASA volunteer may be called as a witness in an action by any party or the court and may request of the court the opportunity to appear as a witness. Colorado Revised Statutes 2019 Page 59 of 445 Uncertified Printout Source: L. 96: Entire part added, p. 1093, § 4, effective May 23. L. 98: (1)(b) amended, p. 821, § 24, effective August 5. L. 2015: (1)(c) added, (SB 15-004), ch. 254, p. 926, § 4, effective August 5. 19-1-209. Role and responsibilities of guardians ad litem - other parties. (1) (a) Any guardian ad litem, and all state and local agencies, departments, authorities, and institutions shall cooperate and share information with any CASA volunteer appointed to serve on a case and with each local CASA program to facilitate the implementation of its program. (b) The CASA program will help facilitate the cooperation and sharing of information among CASA volunteers, the attorneys, the county department of human or social services, and other community agencies. (2) In any case in which the court has appointed both a CASA volunteer and a guardian ad litem, the CASA volunteer and the guardian ad litem shall cooperate to represent the best interests of the child. (3) The CASA volunteer shall be notified of hearings, staffings, meetings, and any other proceedings concerning the case to which he or she has been appointed. Source: L. 96: Entire part added, p. 1094, § 4, effective May 23. L. 2018: (1)(b) amended, (SB 18-092), ch. 38, p. 410, § 35, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-1-210. Access to information. Upon appointment of a CASA volunteer, the court shall issue an order authorizing access to such records and other information relating to the child, parent, legal guardian, or other parties in interest as the court deems necessary. Source: L. 96: Entire part added, p. 1094, § 4, effective May 23. 19-1-211. Confidentiality. A CASA volunteer shall not disclose the contents of any document, record, or other information relating to a case to which the CASA volunteer has access in the course of an investigation. All such information shall be considered confidential and shall not be disclosed to persons other than the court and parties to the action. Source: L. 96: Entire part added, p. 1094, § 4, effective May 23. 19-1-212. Liability. CASA program directors and volunteers participating in a CASA program shall have the same civil immunity and liability as described in sections 13-21-115.5 and 13-21-115.7, C.R.S. Source: L. 96: Entire part added, p. 1094, § 4, effective May 23. 19-1-213. State CASA entity - duties - state court administrator duties - state courtappointed special advocate fund - definitions. (1) For the purposes of this section, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 60 of 445 Uncertified Printout (a) "Local CASA program" means a CASA program established in a judicial district, or any two or more judicial districts, pursuant to section 19-1-202. (b) "Office of child's representative" means the office of the child's representative created in section 13-91-104. (c) "State CASA entity" means the nonprofit entity that has entered into a contract with the office of the child's representative as described in subsection (2) of this section. (2) The office of the child's representative shall contract with a nonprofit entity that is in good standing with the national CASA association to enhance the CASA program in Colorado. The state CASA entity shall: (a) Aid and develop local CASA programs in each judicial district or in adjacent judicial districts; (b) Ensure that local CASA programs adhere to state and national CASA standards; (c) Ensure the provision and availability of high-quality accessible training for local CASA programs and volunteers; (d) Seek to enhance existing funding sources, develop private-public partnership funding, and study the availability of new funding sources for the provision of high-quality local CASA programs in each judicial district or in adjacent judicial districts. (3) Beginning July 1, 2019, and at least annually thereafter, the office of the child's representative shall allocate money appropriated to the state judicial department for CASA programs to the state CASA entity for allocation to local CASA programs. The state CASA entity shall report to the office of the child's representative regarding its duties described in subsection (2) of this section within one month before receiving an allocation. (4) The state CASA entity, in consultation with local CASA programs, shall annually establish a formula for the allocation of money appropriated and shall allocate money to the local CASA programs in accordance with the established allocation formula. The allocation formula must be provided to the office of the child's representative no later than June 15, 2019, and each June 15 thereafter, prior to the state CASA entity receiving its annual allocation. On a schedule described in the contract, but at least annually, the state CASA entity shall provide to the office of the child's representative a certification from each local CASA program of the amount that program received from each allocation since the prior certification. (5) On or before November 1, 2020, and on or before November 1 each year thereafter, the state CASA entity shall report its activities and the activities of each local CASA program to the office of the child's representative. (6) (a) The state court-appointed special advocate fund, referred to in this subsection (6) as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (6)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The money in the fund is subject to annual appropriation by the general assembly to the state judicial department for the purposes of funding local CASA programs established in each judicial district, or in adjacent judicial districts, pursuant to this part 2, and the enhancement of local CASA programs. Any money not appropriated remains in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year. (b) The office of the child's representative may seek, accept, and expend gifts, grants, or donations from private or public sources to fund the work of the state CASA entity. The office of Colorado Revised Statutes 2019 Page 61 of 445 Uncertified Printout the child's representative shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. Source: L. 2019: Entire section added, (HB 19-1282), ch. 312, p. 2813, § 1, effective May 28. PART 3 RECORDS AND INFORMATION Editor's note: This part 3 was added with relocations in 1996, effective January 1, 1997. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 19-1-301. Short title. This part 3 shall be known and may be cited as the "Children's Code Records and Information Act". Source: L. 96: Entire part added with relocations, p. 1156, § 6, effective January 1, 1997. 19-1-302. Legislative declaration. (1) (a) The general assembly declares that information obtained by public agencies in the course of performing their duties and functions under this title is considered public information under the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S. The general assembly, however, recognizes that certain information obtained in the course of the implementation of this title is highly sensitive and has an impact on the privacy of children and members of their families. The disclosure of sensitive information carries the risk of stigmatizing children; however, absolute confidentiality of such information may result in duplicated services in some cases, fragmented services in others, and the delivery of ineffective and costly programs and, in some situations, may put other members of the public at risk of harm. In addition, disclosure may result in serving the best interests of the child and may be in the public interest. (b) Furthermore, the general assembly specifically finds that schools, school districts, and criminal justice agencies attempting to protect children and the public are often frustrated by their lack of ability to exchange information concerning disruptive children who may have experienced disciplinary actions at school or whose actions outside of a school setting may have resulted in contact with local law enforcement. The general assembly finds that schools, school districts, and criminal justice agencies are often better able to assist such disruptive children and to preserve school safety when they are equipped with knowledge concerning a child's history and experiences. The general assembly, however, recognizes that any such sharing of information among and between schools, school districts, and agencies to promote school safety or otherwise to assist disruptive children mandates an awareness of the responsibility on the part of those schools, school districts, and agencies receiving or providing the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information be preserved. The general assembly finds, therefore, that it is desirable to authorize and encourage open communication among appropriate agencies, including criminal Colorado Revised Statutes 2019 Page 62 of 445 Uncertified Printout justice agencies, assessment centers for children, school districts, and schools, in order to assist disruptive children and to maintain safe schools. (c) The general assembly further finds that partners in multi-agency assessment centers for children are often frustrated by their lack of ability to exchange information with each other when attempting to serve children and the public. The general assembly finds that assessment centers for children are better able to assist children when they are equipped with knowledge concerning a child's history and experiences. The general assembly, however, recognizes that any such sharing of information among agencies who are part of a multi-agency assessment center for children mandates an awareness of the responsibility on the part of the agencies receiving or providing the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information be preserved. (d) The general assembly recognizes the importance of children receiving support from all responsible parties and further finds that the state child support enforcement agency and the delegate child support enforcement units have a need to exchange information with other state, federal, and local agencies in order to effectively locate responsible parties; establish paternity and child support, including child support debt pursuant to section 14-14-104, C.R.S.; enforce support orders; disburse collected child support payments; and facilitate the efficient and effective delivery of services under articles 13 and 13.5 of title 26, C.R.S. Therefore, the general assembly recognizes that the state child support enforcement agency and the delegate child support enforcement units need access to the records and databases of the judicial department, the contents of which are otherwise protected under the provisions of this part 3. The general assembly, however, recognizes that any such information sharing mandates an awareness of responsibility on the part of the state child support enforcement agency and the delegate child support enforcement units receiving information that it be used only for its intended purposes as authorized by law and in accordance with the provisions of section 26-13-102.7, C.R.S., and that the confidential nature of the information be preserved. (e) The general assembly recognizes the need to make recommendations to the court concerning the many aspects of a child's legal status, including but not limited to existing court orders on placement of the child, legal custody of the child, and orders of protection. Because the population of this state is transitory, and jurisdictional lines for the purpose of court actions are arbitrary, communication of certain information available electronically on a statewide basis may assist state and county agencies, attorneys representing state or county agencies, and attorneys appointed by the court in making recommendations to the court. The general assembly recognizes that any such sharing of information among agencies, attorneys representing agencies, and attorneys appointed by the court mandates an awareness of the responsibility on the part of these agencies, attorneys representing agencies, and attorneys appointed by the court in receiving and providing the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information be preserved. (f) (I) The general assembly further recognizes the need for the command authority of military installations under the United States secretary of defense to receive notice and information regarding any report that is assigned for an assessment by the state department of human services or a county department of known or suspected instances of child abuse or neglect in which the person having care of the child in question is a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. The general assembly recognizes the need for the state department of human Colorado Revised Statutes 2019 Page 63 of 445 Uncertified Printout services and county departments to collect information concerning the military affiliation of the individual having custody or control of a child who is the subject of an investigation of child abuse or neglect. (II) To further the fulfillment of these needs, the state department of human services and county departments should be able to enter into memorandums of understanding with the command authority of military installations. The memorandums of understanding may establish protocols for the sharing of information related to assessments of known or suspected instances of child abuse or neglect and for collaboration on the oversight of child abuse or neglect investigations involving a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. (III) The general assembly, however, recognizes that any sharing of such information is critical for an awareness of the responsibility of the involved agencies and military installations that receive or provide the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information must be preserved. (IV) The general assembly finds, therefore, that it is desirable to authorize and encourage open communication between the state department of human services, county departments, and command authority of military installations to better serve children and families of Colorado. (2) Therefore, in an effort to balance the best interests of children and the privacy interests of children and their families with the need to share information among service agencies and schools and the need to protect the safety of schools and the public at large, the general assembly enacts the provisions of this part 3. Source: L. 96: Entire part added with relocations, p. 1156, § 6, effective January 1, 1997. L. 2000: Entire section amended, p. 314, § 1, effective April 7. L. 2003: (1)(d) added, p. 1266, § 55, effective July 1. L. 2008: (1)(e) added, p. 1241, § 3, effective August 5. L. 2009: (1)(a) amended, (SB 09-292), ch. 369, p. 1949, § 35, effective August 5. L. 2017: (1)(f) added, (SB 17028), ch. 332, p. 1782, § 1, effective August 9. 19-1-303. General provisions - delinquency and dependency and neglect cases exchange of information - civil penalty - rules - definitions. (1) (a) The judicial department or any agency that performs duties and functions under this title with respect to juvenile delinquency or dependency and neglect cases or any other provisions of this title may exchange information, to the extent necessary, for the acquisition, provision, oversight, or referral of services and support with the judicial department or any other agency or individual, including an attorney representing state or county agencies and an attorney appointed by the court, that performs duties and functions under this title with respect to such cases. In order to receive such information, the judicial department, attorney, or agency shall have a need to know for purposes of investigations and case management in the provision of services or the administration of their respective programs. The judicial department or the agencies shall exchange information in accordance with paragraph (b) of this subsection (1). (b) The judicial department, an agency, an attorney representing an agency, or an attorney appointed by the court described in paragraph (a) of this subsection (1) shall exchange information with the judicial department or similar agencies or individuals who have a need to know to the extent necessary for the acquisition, provision, oversight, and referral of services Colorado Revised Statutes 2019 Page 64 of 445 Uncertified Printout and support and if provided in the course of an investigation or for case management purposes. The provision of information by the judicial department shall include electronic read-only access to the name index and register of actions for agencies or attorneys appointed by the court to those case types necessary to carry out their statutory purpose and the duties of their court appointment as provided in this part 3. The state court administrator of the judicial department and the executive directors of the affected agencies shall ensure that there is a process for electronically exchanging information pursuant to this section. Agencies, attorneys, and individuals shall maintain the confidentiality of the information obtained. (c) Nothing in this section shall require the exchange of information that is subject to the attorney-client privilege under section 13-90-107 (1)(b), C.R.S. (2) (a) School personnel may obtain from the judicial department or agencies described in paragraph (a) of subsection (1) of this section any information required to perform their legal duties and responsibilities. Said personnel shall maintain the confidentiality of the information obtained. (b) Notwithstanding any other provision of law to the contrary, any criminal justice agency or assessment center for children in the state may share any information or records concerning a specific child who is or will be enrolled as a student at a school with that school's principal or with the principal's designee and, if the student is or will be enrolled at a public school, with the superintendent of the school district in which the student is or will be enrolled or the superintendent's designee as follows: (I) Any information or records, except mental health or medical records, relating to incidents that, in the discretion of the agency or center, rise to the level of a public safety concern including, but not limited to, any information or records of threats made by the child, any arrest or charging information, any information regarding municipal ordinance violations, and any arrest or charging information relating to acts that, if committed by an adult, would constitute misdemeanors or felonies; or (II) Any records, except mental health or medical records, of incidents that such agency or center may have concerning the child that, in the discretion of the agency or center, do not rise to the level of a public safety concern but that relate to the adjudication or conviction of a child for a municipal ordinance violation or that relate to the charging, adjudication, deferred prosecution, deferred judgment, or diversion of a child for an act that, if committed by an adult, would have constituted a misdemeanor or a felony. (c) Notwithstanding any other provision of law to the contrary, a criminal justice agency investigating a criminal matter or a matter under the "School Attendance Law of 1963", part 1 of article 33 of title 22, C.R.S., concerning a child may seek disciplinary and truancy information from the principal of a school, or the principal's designee, at which the child is or will be enrolled as a student and, if the student is enrolled in a public school, from the superintendent of the school district in which the student is enrolled, or such superintendent's designee. Upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the child's parent, either the principal of the school in which the child is enrolled, or such principal's designee, or, if the student is enrolled in a public school, the superintendent of the school district in which the student is enrolled, or such superintendent's designee, shall provide the child's attendance and disciplinary records to the requesting criminal justice agency. The criminal justice agency receiving such information shall use it only for the performance of Colorado Revised Statutes 2019 Page 65 of 445 Uncertified Printout its legal duties and responsibilities and shall maintain the confidentiality of the information received. (d) School and school district personnel receiving information pursuant to this subsection (2) shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of the information received. Any information received by a school or a school district pursuant to this subsection (2) that is shared with another school or a school district to which a student may be transferring shall only be shared in compliance with the requirements of federal law. (2.5) (a) Notwithstanding any other provision of law to the contrary and in addition to the provisions of subsections (1) and (2) of this section, assessment centers for children and the agencies, other than schools and school districts, participating in the local assessment centers for children are authorized to provide and share information, except for mental health or medical records and information, with each other, without the necessity of signed releases, concerning children who have been taken into temporary custody by law enforcement or who have been referred to the assessment center for children for case management purposes. Agencies shall have annually updated signed agreements with assessment centers for children to be considered a participating agency. (b) For purposes of sharing information pursuant to this subsection (2.5) only, "mental health or medical records and information" does not include the standardized behavioral or mental health disorder screening. An assessment center that conducts a standardized behavioral or mental health disorder screening on a child who has been taken into temporary custody by law enforcement or has been referred to the assessment center for children for case management purposes may share the results of such screening, without the necessity of a signed release, with the agencies, other than schools and school districts, participating in the assessment center for children. To receive the results of the standardized behavioral or mental health disorder screening, a participating agency must have a need to know for purposes of investigations and case management in the administration of its respective programs. Any participating agency receiving such information shall use it only for the performance of its legal duties and responsibilities and shall maintain the confidentiality of the information received, except as may be required pursuant to rule 16 of the Colorado rules of criminal procedure. (2.6) (a) The state department of human services and county departments: (I) Shall collect information concerning the military affiliation of any person who has custody or control of a child who is the subject of an investigation of child abuse or neglect; (II) Shall provide notice and information to the command authority of military installations under the United States secretary of defense regarding any report received of known or suspected instances of child abuse or neglect that is assigned for an assessment and in which the person having custody or control of the child is a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces assigned to that military installation; and (III) May enter into memorandums of understanding with the command authority of military installations establishing protocols for the sharing of information and for collaboration on the oversight of investigations involving a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. The military installation receiving information shall ensure it is used only for its intended and limited purpose as authorized by law and that the confidential nature of the information is preserved. Colorado Revised Statutes 2019 Page 66 of 445 Uncertified Printout (b) The state board of human services may promulgate any rules necessary for the implementation of this subsection (2.6). (2.7) (a) Upon the receipt of written notice sent by a foster parent, employees of the department of human services and of county departments, or other individuals with a need to know, shall be prohibited from releasing personally identifiable information about a foster parent, other than the foster parent's first name, to any adult member of the foster child's family, unless the foster parent subsequently provides his or her express written consent for the release of the information. The consent may consist of a hand-written note by the foster parent specifying the foster child's name, the consent for release of information to the foster child's family, the foster parent's signature, and the date. The consent shall be given individually for each foster child, unless the foster children are members of a sibling group. (b) The civil penalty described in subsection (4.7) of this section shall not apply to any foster child or siblings of the foster child. (3) and (4) (Deleted by amendment, L. 2000, p. 315, § 2, effective April 7, 2000.) (4.3) School and school district personnel, employees of the state judicial department, employees of state agencies, employees of criminal justice agencies, and employees of assessment centers for children who share information concerning a child pursuant to this part 3 shall be immune from civil and criminal liability if such personnel or employee acted in good faith compliance with the provisions of this part 3. (4.4) The judicial department, with respect to dependency or neglect cases or any other provisions under this title, shall exchange information, to the extent necessary, with the state child support enforcement agency and the delegate child support enforcement units for the purposes of effectively locating responsible parties, establishing paternity and child support, including child support debt pursuant to section 14-14-104, C.R.S., enforcing support orders, disbursing collected child support payments, and facilitating the efficient and effective delivery of services under articles 13 and 13.5 of title 26, C.R.S. (4.7) Any person who knowingly violates the confidentiality provisions of this section shall be subject to a civil penalty of up to one thousand dollars. (5) The provisions of this section are in addition to and not in lieu of other statutory provisions of law pertaining to the release of information. Access to or exchange of information not otherwise addressed by this section is governed as otherwise provided by law. (6) For purposes of this section: (a) "Assessment center for children" is defined in section 19-1-103 (10.5). (a.1) "Case management purposes" is defined in section 19-1-103 (16.5). (a.3) "Criminal justice agency" is defined in section 19-1-103 (34.6). (b) "Need to know" is defined in section 19-1-103 (77.5). (c) "School" is defined in section 19-1-103 (94.3). (7) This section shall be interpreted to promote the best interests of the child and, where possible, the child's family. (8) to (10) (Deleted by amendment, L. 2008, p. 1242, § 4, effective August 5, 2008.) (11) (a) The judicial department or any agency described in subsection (1)(a) of this section may provide a prospective foster parent, as defined by rule of the department of human services, or a foster parent who is responsible for the health or welfare of a foster child named in a report who is residing in the foster parent's home, with information that is necessary to meet the foster child's physical, mental, emotional, behavioral, and other identified trauma needs. Colorado Revised Statutes 2019 Page 67 of 445 Uncertified Printout (b) The information described in subsection (11)(a) of this section is only information directly relevant to meeting the foster child's physical, mental, emotional, behavioral, and other identified trauma needs, and includes, but is not limited to, the following: (I) A foster child's educational records; (II) Relevant information in the family services plan to meet the safety, permanency, and well-being needs of the foster child, including any safety issues that impact the foster parent's ability to parent the foster child; (III) Circumstances related to the removal of the foster child from his or her home; and (IV) Youth placement history, including safety concerns and reasons for unplanned placement moves. (c) Mental health and medical records of a child may be released pursuant to this subsection (11), subject to any privilege recognized or governed by state or federal law. (d) The foster parent shall maintain the confidentiality of any information obtained pursuant to this subsection (11). Source: L. 96: Entire part added with relocations, p. 1156, § 6, effective January 1, 1997. L. 2000: Entire section amended, p. 315, § 2, effective April 7. L. 2001: (2)(c) amended, p. 870, § 1, effective June 1. L. 2002: (2.5) amended, p. 575, § 5, effective May 24. L. 2003: (4.4) added, p. 1267, § 56, effective July 1. L. 2004: (2.7) added, p. 973, § 2, effective August 4. L. 2007: (8), (9), and (10) added, p. 1300, § 1, effective July 1. L. 2008: (1), (8), (9), and (10) amended, p. 1242, § 4, effective August 5. L. 2016: (5) amended, (HB 16-1098), ch. 103, p. 297, § 1, effective April 15. L. 2017: (2.5)(b) amended, (SB 17-242), ch. 263, p. 1309, § 151, effective May 25; (2.6) added, (SB 17-028), ch. 332, p. 1783, § 2, effective August 9. L. 2018: (11) added, (HB 18-1348), ch. 325, p. 1960, § 1, effective May 30. Editor's note: Subsection (6)(c) was originally enacted as subsection (6)(a.7) in House Bill 00-1119 but was renumbered on revision in 2003 for ease of location. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-1-304. Juvenile delinquency records - division of youth services critical incident information - definitions. (1) (a) Court records - open. Except as provided in subsection (1)(b.5) of this section, court records in juvenile delinquency proceedings or proceedings concerning a juvenile charged with the violation of any municipal ordinance except a traffic ordinance are open to inspection to the following persons without court order: (I) The juvenile named in said record; (II) The juvenile's parent, guardian, legal custodian, or attorney; (III) Any attorney of record; (IV) The juvenile's guardian ad litem; (V) The juvenile probation department and the adult probation department for purposes of a presentence investigation and the preparation of a presentence report as described in section 16-11-102 (1)(a), C.R.S.; (VI) Any agency to which legal custody of the juvenile has been transferred; (VII) Any law enforcement agency or police department in the state of Colorado; Colorado Revised Statutes 2019 Page 68 of 445 Uncertified Printout (VII.5) The Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase; (VIII) A court which has jurisdiction over a juvenile or domestic action in which the juvenile is named; (IX) Any attorney of record in a juvenile or domestic action in which the juvenile is named; (X) The state department of human services; (XI) Any person conducting an evaluation pursuant to section 14-10-127, C.R.S.; (XII) All members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a); (XIII) Any person or agency for research purposes, if all of the following conditions are met: (A) The person or agency conducting the research is employed by the state of Colorado or is under contract with the state of Colorado and is authorized by the department of human services to conduct the research; except that the department of public safety is not required to obtain prior authorization from the department of human services for purposes of this subsection (1)(a)(XIII); (B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed; and (C) Any data released must only be in aggregate form; (XIV) The victim and the complaining party, if different, identified in the court file; (XV) The department of corrections for aid in determinations of recommended treatment, visitation approval, and supervised conditions; (XVI) The principal, or the principal's designee, of a school in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee; (XVII) The department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S. (b) Court records - limited. With consent of the court, records of court proceedings in delinquency cases may be inspected by any other person having a legitimate interest in the proceedings. (b.5) Arrest and criminal records - certain juveniles - public access - information limited. The public has access to information reporting the arrest or other formal filing of charges against a juvenile; the identity of the criminal justice agency taking such official action relative to an accused juvenile; the date and place that such official action was taken relative to an accused juvenile; the nature of the charges brought or the offenses alleged; and one or more dispositions relating to the charges brought against an accused juvenile, when this information: (I) Is in the custody of the investigating law enforcement agency, the agency responsible for filing a petition against the juvenile, and the court; and (II) Concerns a juvenile who: Colorado Revised Statutes 2019 Page 69 of 445 Uncertified Printout (A) Is adjudicated a juvenile delinquent or is subject to a revocation of probation for committing the crime of possession of a handgun by a juvenile or for committing an act that would constitute a class 1, 2, 3, or 4 felony or would constitute any crime that involves the use or possession of a weapon if such act were committed by an adult; or (B) Is charged with the commission of any act described in sub-subparagraph (A) of this subparagraph (II). (b.7) The information that is open to the public pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with the commission of a delinquent act shall not include records of investigation as such records are described in section 24-72-305 (5). In addition, any psychological profile of any such juvenile, any intelligence test results for any such juvenile, or any information regarding whether such juvenile has been sexually abused is not open to the public unless released by an order of the court. The information that is open to the public pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with a delinquent act shall not include the juvenile's name, birth date, or photograph. (b.8) The court shall report the final disposition concerning a juvenile who has been adjudicated a juvenile delinquent to the Colorado bureau of investigation in a form that is electronically consistent with applicable law. The report must be made within seventy-two hours after the final disposition; except that the time period shall not include Saturdays, Sundays, or legal holidays. The report must include the disposition of each charge and the court case number, and the Colorado bureau of investigation shall reflect any change of status but shall not delete or eliminate information concerning the original charge. Colorado bureau of investigation records regarding juvenile offenses are not open to the public. (c) Probation records - limited access. Except as otherwise authorized by section 19-1303, a juvenile probation officer's records, whether or not part of the court file, are not open to inspection except as provided in subsection (1)(c)(I) to (1)(c)(XI) of this section: (I) To persons who have the consent of the court; (II) To law enforcement officers, as defined in section 19-1-103 (72), and to fire investigators, as defined in section 19-1-103 (51). The inspection shall be limited to the following information: (A) Basic identification information as defined in section 24-72-302 (2), C.R.S.; (B) Details of the offense and delinquent acts charged; (C) Restitution information; (D) Juvenile record; (E) Probation officer's assessment and recommendations; (F) Conviction or plea and plea agreement, if any; (G) Sentencing information; and (H) Summary of behavior while the juvenile was in detention, if any; (II.5) To the Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase. The inspection shall be limited to the information identified in sub-subparagraphs (A) to (H) of subparagraph (II) of this paragraph (c). (III) To a court which has jurisdiction over a juvenile or domestic action in which the juvenile is named; (IV) To any attorney of record in a juvenile or domestic action in which the juvenile is named; Colorado Revised Statutes 2019 Page 70 of 445 Uncertified Printout (V) To the state department of human services; (VI) To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.; (VII) To all members of a child protection team, if one exists pursuant to section 19-3308 (6)(a); (VII.5) To the juvenile named in the record; (VIII) To the juvenile's parent, guardian, legal custodian, or attorney; (IX) To the juvenile's guardian ad litem; (X) To the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee; or (XI) To the department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S. (d) Social and clinical studies - closed - court authorization. Except as otherwise authorized by section 19-1-303, any social and clinical studies, including all formal evaluations of the juvenile completed by a professional, whether or not part of the court file or any other record, are not open to inspection, except: (I) To the juvenile named in the record; (II) To the juvenile's parent, guardian, legal custodian, or attorney; or (III) By order of the court, upon a finding of a legitimate interest in and need to review the social and clinical studies. (2) (a) Law enforcement records in general - closed. Except as otherwise provided by subsection (1)(b.5) of this section and otherwise authorized by section 19-1-303, the records of law enforcement officers concerning juveniles, including identifying information, must be identified as juvenile records and must not be inspected by or disclosed to the public, except: (I) To the juvenile and the juvenile's parent, guardian, legal custodian, or attorney; (II) To other law enforcement agencies and to fire investigators, as defined in section 191-103 (51), who have a legitimate need for such information; (II.5) To the Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase; (III) To the victim and the complaining party, if different, in each case after authorization by the district attorney or prosecuting attorney; (IV) When the juvenile has escaped from an institution to which such juvenile has been committed; (V) When the court orders that the juvenile be tried as an adult criminal; (VI) When there has been an adult criminal conviction and a presentence investigation has been ordered by the court; (VII) By order of the court; (VIII) To a court which has jurisdiction over a juvenile or domestic action in which the juvenile is named; (IX) To any attorney of record in a juvenile or domestic action in which the juvenile is named; (X) To the state department of human services; (XI) To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.; Colorado Revised Statutes 2019 Page 71 of 445 Uncertified Printout (XII) To all members of a child protection team, if one exists pursuant to section 19-3308 (6)(a); (XIII) To the juvenile's guardian ad litem; (XIV) To any person or agency for research purposes, if all of the following conditions are met: (A) The person or agency conducting such research is employed by the state of Colorado or is under contract with the state of Colorado and is authorized by the department of human services to conduct such research; except that the department of public safety does not need to obtain prior authorization from the department of human services for the purposes of this subsection (2)(a)(XIV)(A); and (B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed; (XV) To the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee; (XVI) To assessment centers for children; (XVII) To the department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S. (b) The fingerprints, photograph, name, address, and other identifying information regarding a juvenile may be transmitted to the Colorado bureau of investigation to assist in any apprehension or investigation and for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase. (2.5) Parole records. Parole records are open to inspection by the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, by the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee. Parole records are also open to inspection by assessment centers for children and by the juvenile named in the record and the juvenile's parent, guardian, legal custodian, or attorney. (3) Prior to adjudication, the defense counsel, the district attorney, the prosecuting attorney, or any other party to a pending delinquency petition with consent of the court must have access to records of any proceedings pursuant to this title 19, except as provided in section 19-1-309, which involve a juvenile against whom criminal or delinquency charges have been filed. No new criminal or delinquency charges against such juvenile may be brought based upon information gained initially or solely from such examination of records. (4) For the purpose of making recommendations concerning sentencing after an adjudication of delinquency, the defense counsel and the district attorney or prosecuting attorney shall have access to records of any proceedings involving the adjudicated juvenile pursuant to this title, except as provided in sections 19-1-307, 19-1-308, and 19-1-309. No new criminal or delinquency charges against the adjudicated juvenile shall be brought based upon information gained initially or solely from such examination of records. Colorado Revised Statutes 2019 Page 72 of 445 Uncertified Printout (5) Direct filings - arrest and criminal records open. Whenever a petition filed in juvenile court alleges that a juvenile between the ages of twelve to eighteen years has committed an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., or a crime of violence, as defined in section 18-1.3-406, C.R.S., if committed by an adult or whenever charges filed in district court allege that a juvenile has committed such an offense, then the arrest and criminal records information, as defined in section 24-72-302 (1), C.R.S., and including a juvenile's physical description, concerning such juvenile shall be made available to the public. The information is available only from the investigative law enforcement agency, the agency responsible for filing a petition, and the court, and shall not include records of investigation as such records are described in section 24-72-305 (5), C.R.S. Basic identification information, as defined in section 24-72-302 (2), C.R.S., along with the details of the alleged delinquent act or offense, shall be provided immediately to the school district in which the juvenile is enrolled. Such information shall be used by the board of education for purposes of section 22-33-105 (5), C.R.S., but information made available to the school district and not otherwise available to the public shall remain confidential. (5.5) Whenever a petition is filed in juvenile court alleging a class 1, class 2, class 3, or class 4 felony; a level 1, level 2, or level 3 drug felony; an offense involving unlawful sexual behavior as defined in section 16-22-102 (9); a crime of violence as described in section 18-1.3406; a burglary offense as described in part 2 of article 4 of title 18; felony menacing, in violation of section 18-3-206; harassment, in violation of section 18-9-111; fourth degree arson, in violation of section 18-4-105; aggravated motor vehicle theft, in violation of section 18-4-409; hazing, in violation of section 18-9-124; or possession of a handgun by a juvenile, in violation of section 18-12-108.5, or when a petition is filed in juvenile court in which the alleged victim of the crime is a student or staff person in the same school as the juvenile or in which it is alleged that the juvenile possessed a deadly weapon during the commission of the alleged crime, the prosecuting attorney, within three working days after the petition is filed, shall make good faith reasonable efforts to notify the principal of the school in which the juvenile is enrolled and shall provide such principal with the arrest and criminal records information, as defined in section 2472-302 (1). In the event the prosecuting attorney, in good faith, is not able to either identify the school that the juvenile attends or contact the principal of the juvenile's school, then the prosecuting attorney shall contact the superintendent of the juvenile's school district. (6) The department of human services shall release to the committing court, the prosecuting attorney, the Colorado bureau of investigation, and local law enforcement agencies basic identification information as defined in section 24-72-302 (2) concerning any juvenile released or released to parole supervision or any juvenile who escapes. This information is not open to the public. (7) In addition to the persons who have access to court records pursuant to subsection (1)(a) of this section, statewide electronic read-only access to the name index and register of actions of the judicial department must be allowed to the following agencies or persons: (a) County departments, as defined in section 19-1-103 (32), and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103 (31.5), as it relates to the attorneys' work representing the county; (b) The office of the state public defender, created in section 21-1-101, C.R.S.; Colorado Revised Statutes 2019 Page 73 of 445 Uncertified Printout (c) Guardians ad litem under contract with the office of the child's representative, created in section 13-91-104, C.R.S., or authorized by the office of the child's representative to act as a guardian ad litem, as it relates to a case in which they are appointed by the court; (d) Attorneys under contract with the office of the alternate defense counsel, created in section 21-2-101, as it relates to a case in which they are appointed by the court; (e) A respondent parent's counsel under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which they are appointed by the court; and (f) A licensed attorney working with a nonprofit association providing free legal assistance as it relates to screening an applicant for eligibility for free services or to a case in which the organization has entered an appearance to provide free representation, if the office of the alternate defense counsel agrees to monitor the attorney's use of the electronic name index and register of actions. (8) Division of youth services critical incident information. (a) For the purposes of this subsection (8), "critical incident" means any of the following: (I) An intentional physical or sexual act of aggression that: (A) Causes or attempts to cause serious bodily injury; (B) Causes bodily injury that requires only first aid or lesser attention; or (C) Causes no bodily injury; (II) Unauthorized physical or sexual contact caused through recklessness or negligence, where physical or sexual harm was not intended; or (III) An attempt to harm or gain power by blows or with weapons. (b) The department of human services, the division of youth services, or any agency with relevant information shall release the following information related to any critical incident, or aggregate of critical incidents, that occurred in a facility operated by the division of youth services upon request so long as the disclosing agency, except as described in subsection (8)(b)(V) of this section, redacts any identifying information, any information concerning security procedures or protocols, and any information that would jeopardize the safety of the community, youths, or staff: (I) The type of critical incident that occurred or a summary of types of critical incidents that have occurred within a given time frame; (II) A summary of whether the number and types of critical incidents are increasing or decreasing in frequency and severity; (III) On average, how many of the youth have been involved in multiple critical incidents and the average length of detainment; (IV) A summary of responses to critical incidents by the facility involved, such as deescalation or typical consequence imposed; and (V) A summary of any critical incident that has occurred, which summary must include a summary of any use of force on a youth, including any physical-management techniques or restraints utilized and any seclusion of a youth. The division shall not redact the information other than to protect the personal identifying information of any individual. (c) The division of youth services, the department of human services, or any agency with relevant information related to a critical incident shall provide redacted records related to the Colorado Revised Statutes 2019 Page 74 of 445 Uncertified Printout critical incident, provided confidentiality is maintained. The division may charge a fee in accordance with section 24-72-205. (d) The division of youth services may release to the public information at any time to correct inaccurate information pertaining to the critical incident that was reported in the news media, so long as the release of information by the division protects the confidentiality of any youth involved; is not explicitly in conflict with federal law; is not contrary to the best interest of the child who is the subject of the report, or his or her siblings; is in the public's best interest; and is consistent with the federal "Child Abuse Prevention and Treatment Reauthorization Act of 2010", Pub.L. 111-320. (e) Except as otherwise authorized by section 19-1-303, all records prepared or obtained by the department of human services in the course of carrying out its duties pursuant to article 2 of this title are confidential and privileged. Source: L. 96: Entire part added with relocations, p. 1158, § 6, effective January 1, 1997; (1)(a)(XV) added, p. 1587, § 15, effective January 1, 1997. L. 98: (1)(a)(XI), (1)(c)(VI), and (2)(a)(XI) amended, p. 1407, § 66, effective February 1, 1999. L. 99: (1)(a)(V) amended, p. 316, § 5, effective July 1; (5) amended, p. 1144, § 1, effective July 1. L. 2000: (1)(b.8) added, p. 12, § 5, effective March 7; (1)(a)(VII.5), (1)(c)(II.5), and (2)(a)(II.5) added and (2)(b) amended, pp. 226, 227, §§ 1, 2, 3, 4, effective March 29; (1)(a)(XVI), (1)(c)(X), (2)(a)(XV), (2)(a)(XVI), and (2.5) added and IP(1)(c) and (5) amended, pp. 319, 320, §§ 3, 4, 5, 6, 9, effective April 7; (1)(a)(XVI), (1)(c)(X), and (5.5) added and IP(1)(c) amended, pp. 1964, 1965, §§ 6, 7, 8, effective June 2. L. 2001: (5.5) amended, p. 138, § 3, effective July 1. L. 2002: (5) amended, p. 1187, § 23, effective July 1; (5) amended, p. 1522, § 222, effective October 1. L. 2003: (1)(c)(II.5) amended, p. 1991, § 33, effective May 22. L. 2008: (1)(a)(XVII), (1)(c)(XI), and (2)(a)(XVII) added and IP(1)(c), (1)(c)(IX), and (1)(c)(X) amended, pp. 1667, 1668, §§ 10, 11, 12, effective May 29; (7) added, p. 1243, § 5, effective August 5. L. 2015: (8) added, (HB 151131), ch. 164, p. 499, § 2, effective May 8. L. 2016: IP(1)(a) and (1)(a)(XIII) amended, (HB 16-1098), ch. 103, p. 297, § 2, effective April 15; IP(7) and (7)(e) amended, (HB 16-1193), ch. 81, p. 207, § 2, effective July 1. L. 2017: IP(8)(b), (8)(b)(V), (8)(c), and (8)(d) amended, (HB 17-1329), ch. 381, p. 1965, § 6, effective June 6; IP(1)(a), (1)(a)(XII), IP(1)(c), (1)(c)(VII), IP(2)(a), and (2)(a)(XII) amended, (SB 17-016), ch. 107, p. 391, § 3, effective August 9; IP(1)(a), (1)(a)(II), (1)(a)(XIII)(A), IP(1)(b.5), (1)(b.7), (1)(b.8), IP(1)(c), (1)(c)(VIII), (1)(d), IP(2)(a), (2)(a)(I), (2)(a)(XIV)(A), (2.5), (3), (5.5), (6), IP(7), (7)(d), and (7)(e) amended and (1)(c)(VII.5) and (7)(f) added, (HB 17-1204), ch. 206, p. 771, § 1, effective November 1. Editor's note: (1) This section was formerly numbered as § 19-1-119. (2) Amendments to subsection (1)(a)(XVI) by Senate Bill 00-133 and House Bill 001119 were harmonized. (3) (a) Amendments to the introductory portion to subsection (1)(c) by Senate Bill 00133 and House Bill 00-1119 were harmonized. (b) Subsection (1)(c)(XI) as enacted by Senate Bill 00-133 was renumbered as (1)(c)(X) and harmonized with subsection (1)(c)(X) as enacted by House Bill 00-1119. (4) Amendments to subsection (5) by House Bill 02-1046 and Senate Bill 02-010 were harmonized. Colorado Revised Statutes 2019 Page 75 of 445 Uncertified Printout (5) Subsection (7) was originally numbered as (8.5) in House Bill 08-1264 but has been renumbered on revision for ease of location. (6) Amendments to subsection IP(2)(a) by SB 17-016 and HB 17-1204 were harmonized, effective November 1, 2017. Cross references: For the legislative declaration contained in the 2000 act enacting subsection (1)(b.8), see section 1 of chapter 5, Session Laws of Colorado 2000. For the legislative declaration contained in the 2002 act amending subsection (5), see section 1 of chapter 318, Session Laws of Colorado 2002. 19-1-305. Operation of juvenile facilities. (1) Except as otherwise authorized by section 19-1-303 or 19-1-304 (8), all records prepared or obtained by the department of human services in the course of carrying out its duties pursuant to article 2 of this title are confidential and privileged. Said records may be disclosed only: (a) To the parents, legal guardian, legal custodian, attorney for the juvenile, district attorney, guardian ad litem, law enforcement official, and probation officer; (b) In communications between appropriate personnel in the course of providing services or in order to facilitate appropriate referrals for services; (c) To the extent necessary to make application for or to make claims on behalf of the juvenile who is eligible to receive aid, insurance, federal or state assistance, or medical assistance; (d) To the court as necessary for the administration of the provisions of article 2 of this title; (e) To persons authorized by court order after notice and a hearing, to the juvenile, and to the custodian of the record; (f) For research or evaluation purposes pursuant to rules regarding research or evaluation promulgated by the department of human services. Any rules so promulgated shall require that persons receiving information for research or evaluation purposes are required to keep such information confidential; and (g) To the department of revenue pursuant to sections 39-22-120 and 39-22-2003, C.R.S. (2) Nothing in this section shall be construed to limit the effect of any other provision of this part 3 which requires the confidentiality of records under the control of the department of human services. Source: L. 96: Entire part added with relocations, p. 1163, § 6, effective January 1, 1997. L. 98, 2nd Ex. Sess.: (1)(e) and (1)(f) amended and (1)(g) added, p. 7, § 3, effective September 16. L. 99: (1)(g) amended, p. 1317, § 4, effective August 4. L. 2015: IP(1) amended, (HB 151131), ch. 164, p. 499, § 1, effective May 8. Editor's note: (1) This section was formerly numbered as 19-2-1104.5. (2) Section 4 of chapter 164 (HB 15-1131), Session Laws of Colorado 2015, provides that changes to this section by the act apply to critical incidents that occur on or after January 1, 2014. Colorado Revised Statutes 2019 Page 76 of 445 Uncertified Printout 19-1-306. Expungement of juvenile delinquent records - definition. (1) (a) For the purposes of this section, "expungement" is defined in section 19-1-103 (48). Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. (b) The court, law enforcement, and all other agencies shall reply to any inquiry regarding an expunged record that no record exists with respect to the person named in the record, unless information may be shared with the inquiring party pursuant to subsection (3) of this section. (c) The expungement order only applies to the named juvenile and not to any coparticipant. (2) (a) At the time of the adjudication, the court shall advise the adjudicated juvenile and any respondent parent or guardian, in writing, of the right to expunge and the time period and process for expunging the order. The court, on its own motion or the motion of the juvenile probation department, the juvenile parole department, the juvenile, a respondent parent or guardian, or a court-appointed guardian ad litem, may initiate expungement proceedings concerning the record of any juvenile who has been under the jurisdiction of the court. (b) If a juvenile is supervised by probation, the probation department, upon the termination of the juvenile's supervision period, shall provide the juvenile with a written advisement of the right to expungement and the time period and process for expunging the record. (c) If a juvenile is supervised by parole, the department or division supervising the juvenile's parole, upon the termination of the juvenile's parole supervision period, shall provide the juvenile with a written advisement of the right to expungement and the time period and process for expunging the record. (d) If the juvenile is supervised by a diversion officer or agency other than probation, the agency supervising the diversion program, upon the termination of the juvenile's diversion period, shall provide the juvenile with a written advisement of the right to expungement and the time period and process for expunging the record. (e) If a juvenile is sentenced in municipal court, the municipal court, at sentencing, shall provide the juvenile and any respondent parent or guardian with a written advisement of the right to expungement and the time period and process for expunging the record. The municipal court may provide the notice through a municipal diversion program, the city attorney, or a municipal probation program. (f) If a juvenile is committed to the division of youth services and is released without a requirement to complete further parole, the division shall provide the juvenile with a written advisement of the right to expungement and the time period and process for expunging the record. (g) Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. (h) The prosecuting attorney shall not require as a condition of a plea agreement that the juvenile waive his or her right to expungement under this section upon the completion of the juvenile's sentence. Colorado Revised Statutes 2019 Page 77 of 445 Uncertified Printout (i) Prior to the court ordering any records expunged, the court shall determine whether the juvenile has any felony, drug felony, misdemeanor, drug misdemeanor, petty offense, or delinquency actions pending, and, if the court determines that there is a felony, drug felony, misdemeanor, drug misdemeanor, petty offense, or delinquency action pending against the juvenile, the court shall stay the petition for expungement proceedings until the resolution of the pending case. (3) (a) After expungement, basic identification information on the juvenile and a list of any state and local agencies and officials having contact with the juvenile, as they appear in the records, are not open to the public but are available to a prosecuting attorney, local law enforcement agency, the department of human services, the state judicial department, and the victim as defined in section 24-4.1-302 (5); except that such information is not available to an agency of the military forces of the United States. (b) Notwithstanding any order for expungement pursuant to this section, any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person whose record was expunged is charged with an offense as either a juvenile or as an adult. A new criminal or delinquency charge may not be brought against the juvenile based upon information gained initially or solely from examination of the expunged records. (c) Notwithstanding an order for expungement pursuant to this section, any criminal justice record of a juvenile who has been charged, adjudicated, or convicted of any offense shall be available for use by the juvenile, the juvenile's attorney, a prosecuting attorney, any law enforcement agency, or any agency of the state judicial department in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. (d) Notwithstanding any order for expungement issued pursuant to this section, nothing prevents the prosecuting attorney, including the staff of a prosecuting attorney's office or a victim or witness assistance program or a law enforcement agency or law enforcement victim assistance program, from discussing with the victim the case, the results of any expungement proceedings, information regarding restitution, and information related to any victim services available to the victim as defined in section 24-4.1-302 (5), but copies of expunged records must not be provided to the victim. The victim may petition the court and request that a copy of the expunged records be provided to the victim. If the court finds that there are compelling reasons for the release, a copy of the expunged records may be released to the victim. If the court orders the release of a copy of the expunged records to the victim, the court must issue a protective order regarding the usage of the expunged records. (e) Notwithstanding any order for expungement issued pursuant to this section, any information, including police affidavits and reports and records related to any prior conviction or adjudication, are available without court order to the persons, government agencies, or entities allowed access to or allowed to exchange such information pursuant to section 19-1-303 for the purposes described therein. Any person who knowingly violates the confidentiality provisions of section 19-1-303 is subject to the penalty in section 19-1-303 (4.7). (f) Notwithstanding any order for expungement issued pursuant to this section, nothing in this section precludes a county department of human or social services employee from reviewing internal department records that are ordered expunged and are in the county Colorado Revised Statutes 2019 Page 78 of 445 Uncertified Printout department's possession for purposes of department investigations and case management in the provision of child welfare services. (4) (a) The court shall order all records in a juvenile delinquency case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, expunged within forty-two days after: (I) A finding of not guilty at an adjudicatory trial; (II) Dismissal of the petition in its entirety prior to any disposition or alternative to sentencing, including diversion, a deferred adjudication, or an informal adjustment; or (III) The completion of a sentence or alternative to sentencing, including diversion, a deferred adjudication, or an informal adjustment, for a petty offense, drug petty offense, class 2 or class 3 misdemeanor offense, or level 1 or level 2 drug misdemeanor if the offense does not involve unlawful sexual behavior as defined in section 16-22-102 (9), is not an act of domestic violence as defined in section 18-6-800.3, or is not a crime listed under section 24-4.1-302 (1), and the defendant was under eighteen years of age at the time the offense was committed. (b) (I) Upon successful completion of diversion at the prefiling level as an alternative to the filing of a petition, the custodian of any record shall expunge the record in the custody of law enforcement, the juvenile's school, the diversion provider, and the district attorney without the need for a court order. (II) The district attorney or other diversion provider shall notify the Colorado bureau of investigation, the law enforcement agency that had contact with the juvenile, and the juvenile's school, if the incident occurred at school or the district attorney notified the school of the case, that diversion is complete and the records are expunged. Any law enforcement agency or school that receives a notice shall acknowledge receipt of the notice. The Colorado bureau of investigation, law enforcement agency, school, diversion provider, and district attorney shall treat the records as expunged within thirty-five days after the completion of diversion, and all provisions of this section addressing expunged records apply to those records. (III) If victim notification is required pursuant to part 4.1 of title 24, the district attorney shall notify the victim prior to sending the notice pursuant to subsection (4)(b)(II) of this section, and offer the victim an opportunity to object. If the victim objects, the district attorney shall notify the court and the diversion provider. Upon receipt of the notice of objection from the district attorney, the diversion provider shall complete and file a report pursuant to subsection (5)(c) of this section, and the provisions of subsections (5)(e), (5)(e.5), (5)(f), and (5)(g) of this section apply. (c) The court shall, on or before November 1 of each year, review all juvenile delinquency court files during the two previous years that resulted in a finding of not guilty; a dismissal of the petition; a sentence for a petty offense; a sentence for a drug petty offense; a sentence for a drug misdemeanor offense; or a sentence for a class 2 or class 3 misdemeanor offense if the offense does not involve unlawful sexual behavior as defined in section 16-22-102 (9), is not an act of domestic violence as defined in section 18-6-800.3, or is not a crime listed under section 24-4.1-302 (1), and the defendant was under eighteen years of age at the time the offense was committed. The court shall enter an expungement order for all juveniles eligible for expungement pursuant to this subsection (4), if the expungement order was not previously made. (5) (a) At the time that the court orders the following sentences or alternatives to sentencing, the court shall make a finding that the juvenile is eligible for expungement pursuant Colorado Revised Statutes 2019 Page 79 of 445 Uncertified Printout to this subsection (5) and include that finding on the written mittimus or other sentencing document: (I) A juvenile diversion program, a deferred adjudication, or an informal adjustment, except for those described in subsection (4)(a)(III) of this section; (II) A juvenile sentence for an adjudication for a class 1 misdemeanor or a petty or a misdemeanor offense that is not eligible for expungement pursuant to subsection (4) of this section; or (III) Repealed. (IV) A juvenile sentence for an adjudication for a felony offense or felony drug offense if: (A) The felony offense did not constitute unlawful sexual behavior as defined in section 16-22-102 (9); (B) The felony offense was not a crime of violence as described in section 18-1.3-406; (C) The felony offense was not a class 1 or class 2 felony; and (D) The juvenile had no prior felony adjudications. (b) Repealed. (c) (I) If the court makes a finding that a juvenile is eligible for expungement pursuant to subsection (5)(a) of this section, the agency supervising the juvenile shall, at the conclusion of the agency's supervision, prepare a report and summary of supervision outlining the performance of the juvenile while under supervision. The supervising agency shall provide the report to the court and provide a copy of the report to the prosecuting attorney, the juvenile, and the juvenile's attorney of record no earlier than thirty-five days prior to the end of supervision and no later than fourteen days after the conclusion of supervision. If there is no supervising agency, the court shall send a notice that the unsupervised sentence is complete to the district attorney when the sentence is complete. (II) Upon receipt of the report or notice pursuant to this subsection (5)(c), the prosecuting attorney shall contact the victim regarding expungement if notification is required pursuant to part 4.1 of title 24. (d) If neither the prosecuting attorney nor a victim files an objection within thirty-five days after the filing of the report or notice pursuant to subsection (5)(c) of this section, the court shall order all records in the juvenile delinquency case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, expunged. (e) If the prosecuting attorney or a victim files an objection within thirty-five days after the filing of the report or notice pursuant to subsection (5)(c) of this section, the court shall schedule a hearing on the issue of expungement. The court shall notify all objecting parties of the hearing date. The hearing must be set at least thirty-five days after the date the court sends notice of the hearing. (e.5) If the offense for which the records are eligible for expungement requires the juvenile to register pursuant to section 16-22-103 and the court has not already issued a notice pursuant to section 16-22-113 (1.3)(b), upon receipt of the report from the supervising agency pursuant to subsection (5)(c) of this section, the court shall issue a notice pursuant to section 1622-113 (1.3)(b) and this subsection (5)(e.5), and the victim and prosecution have sixty-three days from the issuance of that notice to file an objection to expungement or the discontinuation of registration. All other requirements of subsections (5)(d), (5)(e), (5)(f), and (5)(g) of this section Colorado Revised Statutes 2019 Page 80 of 445 Uncertified Printout apply to the expungement. The provisions of section 16-22-113 (1.3) apply to the issue of discontinuing registration. The court shall consider both issues at the same hearing. If the court has not already ordered that the juvenile may discontinue registration pursuant to section 16-22113, the court shall enter an order granting expungement and discontinuing the registration requirement, denying expungement and discontinuing the registration requirement, or denying expungement and continuing the registration requirement. (f) If a hearing is scheduled pursuant to subsection (5)(e) of this section, the court shall send notice to the last known address of the juvenile notifying the juvenile of the date of the hearing and of the juvenile's right to appear at the hearing and to present evidence to the court in writing prior to the hearing and in person at the hearing. The notice must indicate that, at the hearing, the court will consider whether the juvenile has been rehabilitated and whether expungement is in the best interest of the juvenile and the community. The juvenile is not required to appear at the hearing. (g) At a hearing held pursuant to this subsection (5), the court shall order all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged if the court makes written findings that: (I) The rehabilitation of the juvenile has been attained to the satisfaction of the court; and (II) The expungement is in the best interest of the juvenile and the community. (h) The court shall, starting on November 1, 2019, and each November 1 thereafter, review all juvenile delinquency court files during the two previous years that resulted in participation in diversion, a deferred adjudication, or an informal adjustment; a sentence for a class 1 misdemeanor offense, any drug felony offense, or a misdemeanor offense involving domestic violence as defined in section 18-6-800.3; or a felony offense that did not constitute unlawful sexual behavior as defined in section 16-22-102 (9), was not a crime of violence as described in section 18-1.3-406, and was not a class 1 or class 2 felony. The court shall send the notice required for all records eligible for a notice pursuant to this subsection (5) if the notice was not previously sent and an expungement order was not previously made. After the notice is sent, the provisions of subsections (5)(b) to (5)(g) of this section apply. (i) With the victim's consent, or if there is no named victim, the prosecuting attorney may agree at the time of a plea that there will be no objection to expungement upon the completion of the juvenile's sentence. In such a case, the court shall order all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged upon completion of the juvenile's sentence. A hearing is not required. (j) A juvenile who was adjudicated as a mandatory sentence offender pursuant to section 19-2-516 (1) or as a repeat juvenile offender pursuant to section 19-2-516 (2) is not eligible for expungement under this subsection (5), but may petition for expungement pursuant to subsection (6)(e) of this section. (6) (a) A person may petition the juvenile court to expunge records in a closed case pursuant to subsection (4) of this section if the records are otherwise eligible for expungement, have not been expunged by the court, and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. A filing fee, notarization, or other formalities are not required. If the court determines the records are eligible for expungement Colorado Revised Statutes 2019 Page 81 of 445 Uncertified Printout pursuant to the requirements of subsection (4) of this section, the court shall grant the petition to expunge without a hearing and shall issue an order pursuant to subsection (4) of this section. (b) A person may petition the juvenile court to expunge records in a closed case pursuant to subsection (5) of this section if the records are otherwise eligible for expungement, have not been expunged by the court, and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. A filing fee, notarization, or other formalities are not required. If the records are eligible for expungement pursuant to subsection (5) of this section, the court shall request a report from the agency supervising the juvenile or issue a notice pursuant to subsection (5)(c) of this section, and the provisions of subsection (5) of this section apply. (c) A person may petition the juvenile court to expunge records related to a law enforcement contact that did not result in referral to another agency after one year has passed since the law enforcement contact and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. A filing fee, notarization, or other formalities are not required. If the records are eligible for expungement pursuant to subsection (5) of this section, the court shall issue a notice to the district attorney that the records will be expunged if no objection is received, and the provisions of subsection (5) of this section apply. (d) A person may petition the juvenile court to expunge records in a closed case pursuant to subsection (5) of this section if the person was previously denied an expungement order for those same records pursuant to subsection (5) of this section and at least twelve months have passed since the date of the original denial order, the petitioner provides new information not previously considered by the prior reviewing court, and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. The court shall schedule a hearing and notify the prosecuting attorney of the hearing date. The court shall set the hearing at least thirty-five days after the court sends the notice of the hearing. All other provisions of subsection (5) of this section apply. (e) A juvenile who does not qualify for expungement pursuant to subsection (4) or (5) of this section, including a mandatory sentence offender pursuant to section 19-2-516 (1) or a repeat offender pursuant to section 19-2-516 (2), and is not otherwise ineligible for expungement pursuant to the provisions of subsection (8) of this section and does not have a proceeding concerning a felony, misdemeanor, or delinquency action pending against himself or herself, may petition the court to request expungement of his or her record thirty-six months after the date of the petitioner's unconditional release from his or her juvenile sentence. A filing fee, notarization, or other formalities are not required. The court shall schedule a hearing, and the provisions of subsections (5)(e), (5)(e.5), (5)(f), and (5)(g) of this section apply. (7) Unless otherwise stated in the applicable section, a person may file a petition with the court for expungement of his or her record pursuant to subsections (4), (5), and (6) of this section only once during a twelve-month period. (8) Notwithstanding the provisions of subsections (4), (5), and (6) of this section, a court shall not expunge the record of a person who is: (a) Adjudicated as an aggravated juvenile offender pursuant to section 19-2-516 (4) or as a violent juvenile offender pursuant to section 19-2-516 (3); (b) Adjudicated of homicide and related offenses pursuant to part 1 of article 3 of title 18; Colorado Revised Statutes 2019 Page 82 of 445 Uncertified Printout (c) Adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or (d) Charged, adjudicated, or convicted of any offense or infraction pursuant to title 42. (9) Municipal court records. (a) Municipal court records are expunged pursuant to section 13-10-115.5. (b) If municipal court records have not been expunged within seventy days from the end of the case pursuant to section 13-10-115.5, an individual may petition the juvenile court in the judicial district where the municipality is located to expunge records of a municipal case brought against a juvenile. Expungement proceedings pursuant to this subsection (9) must be initiated by the filing of a petition requesting an order of expungement. A filing fee, notarization, or other formalities are not required. If the petition is not granted without a hearing, the court shall set a date for a hearing on the petition for expungement and shall notify the appropriate prosecuting attorney. (10) Upon the entry of an order expunging a record pursuant to this section, the court shall order, in writing, the expungement of all case records in the custody of the court and any records related to the case and charges in the custody of any other agency, person, company, or organization. The court may order expunged any records, but, at a minimum, the following records must be expunged pursuant to every expungement order: (a) All court records; (b) All records retained within the office of the prosecuting attorney; (c) All probation and parole records; (d) All law enforcement records; (e) All department of human services records; (f) All division of youth services records; (g) All department of corrections records; and (h) References to the criminal case or charge contained in the school records. (11) (a) When an expungement order is issued pursuant to this section, the court shall send a copy of the order to the juvenile, the juvenile's last attorney of record, the prosecuting attorney, any law enforcement agency that investigated the case, the state court administrator's office, and the Colorado bureau of investigation directing the entity to expunge its records within thirty-five days after the receipt of the order. (b) The court shall send a copy of an expungement order to each of the following, directing the entity to expunge the records in its custody as soon as practicable but no later than ninety days after the receipt of the order: (I) The probation office if the juvenile was placed on probation at any point during the case; (II) The division of youth services if the juvenile was detained in a facility operated by the division, committed to the custody of the division, or screened through the Colorado youth detention continuum at any point during the case; (III) Any county department of human services through which the juvenile received services at any point during the juvenile's case; and (IV) Any other agency, person, company, or organization named in the order if the court is aware that the entity has records related to the case in its possession. (c) Each entity described in this subsection (11) shall expunge the records in its custody as directed by the order. Colorado Revised Statutes 2019 Page 83 of 445 Uncertified Printout (d) The person who is the subject of records expunged pursuant to this section may petition the court to permit inspection of the records held by persons named in the order, and the court may so order. (12) Any agency, person, company, or organization that violates this section and knew that the records in question were subject to an expungement order may be subject to criminal and civil contempt of court and may be punished by a fine. (13) Employers; educational institutions; landlords; and state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in expunged records. In answer to any question concerning arrest or juvenile and criminal records information that has been expunged, an applicant need not include a reference to or information concerning the expunged information and may state that no record exists. An application may not be denied solely because of the applicant's refusal to disclose records or information that has been expunged. (14) Nothing in this section authorizes the physical destruction of any juvenile or criminal justice record. Source: L. 96: Entire part added with relocations, p. 1163, § 6, effective January 1, 1997; (9) added, p. 1588, § 18, effective January 1, 1997. L. 98: (7)(d) added and (9) repealed, p. 399, §§ 4, 5, effective April 21. L. 2002: (7)(d) amended, p. 1187, § 24, effective July 1; (7)(b) amended, p. 1523, § 223, effective October 1. L. 2009: (7)(c) amended, (HB 09-1044), ch. 19, p. 96, § 1, effective September 1. L. 2012: (5)(d) and (6)(a.5) added, (HB 12-1151), ch. 174, p. 623, § 6, effective August 8. L. 2013: (2)(a), (3), (5)(c)(I), (6), and (7) amended and (5)(a.5) and (10) added, (HB 13-1082), ch. 238, p. 1155, § 1, effective August 7. L. 2014: (5)(d)(I) amended, (HB 14-1273), ch. 282, p. 1157, § 21, effective July 1. L. 2016: (5)(c)(II.5) added and (7)(e) repealed, (SB 16-065), ch. 277, p. 1143, § 3, effective July 1. L. 2017: Entire section R&RE, (HB 17-1204), ch. 206, p. 775, § 2, effective November 1. L. 2019: (1)(c) and (5)(e.5) added, (4)(a)(II), (4)(a)(III), (4)(b), IP(5)(a), (5)(a)(I), (5)(a)(II), (5)(c), (5)(d), (5)(e), (6)(b), (6)(c), (6)(e), (10)(e), and (11) amended, (5)(a)(III) and (5)(b) repealed, and (9) R&RE, (HB 19-1335), ch. 304, p. 2780, § 1, effective May 28. Editor's note: This section was formerly numbered as 19-2-902. The said section 19-2902 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-111 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2002 act amending subsection (7)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. 19-1-307. Dependency and neglect records and information - access - fee - rules records and reports fund - misuse of information - penalty - adult protective services data system check. (1) (a) Identifying information - confidential. Except as otherwise provided in this section and section 19-1-303, reports of child abuse or neglect and the name and address of any child, family, or informant or any other identifying information contained in such reports shall be confidential and shall not be public information. Colorado Revised Statutes 2019 Page 84 of 445 Uncertified Printout (b) Good cause exception. Disclosure of the name and address of the child and family and other identifying information involved in such reports shall be permitted only when authorized by a court for good cause. Such disclosure shall not be prohibited when there is a death of a suspected victim of child abuse or neglect and the death becomes a matter of public record or the alleged juvenile offender is or was a victim of abuse or neglect or the suspected or alleged perpetrator becomes the subject of an arrest by a law enforcement agency or the subject of the filing of a formal charge by a law enforcement agency. (c) Any person who violates any provision of this subsection (1) is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars. (2) Records and reports - access to certain persons - agencies. Except as otherwise provided in section 19-1-303, only the following persons or agencies shall have access to child abuse or neglect records and reports: (a) The law enforcement agency, district attorney, coroner, or county or district department of human or social services investigating a report of a known or suspected incident of child abuse or neglect or treating a child or family that is the subject of the report; (b) A physician who has before him or her a child whom the physician reasonably suspects to be abused or neglected; (c) An agency having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record or a parent, guardian, legal custodian, or other person who is responsible for the child's health or welfare, including, in the case of an anatomical gift, a coroner and a procurement organization, as those terms are defined in section 15-19-202; (d) Any person named in the report or record who was alleged as a child to be abused or neglected or, if the child named in the report or record is a minor or is otherwise incompetent at the time of the request, his or her guardian ad litem; (e) A parent, guardian, legal custodian, or other person responsible for the health or welfare of a child named in a report, or the assigned designee of any such person acting by and through a validly executed power of attorney, with protection for the identity of reporters and other appropriate persons; (e.5) (I) A mandatory reporter specified in this subsection (2)(e.5)(I) who is and continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report, but only with regard to information that the mandatory reporter has a need to know in order to fulfill his or her professional and official role in maintaining the child's safety. A county department shall request written affirmation from a mandatory reporter stating that the reporter continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report and describing the nature of the involvement, unless the county department has actual knowledge that the mandatory reporter continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report. This subsection (2)(e.5)(I) applies to: (A) Hospital personnel engaged in the admission, care, or treatment of children; (B) Mental health professionals; (C) Physicians or surgeons, including physicians in training; (D) Registered nurses or licensed practical nurses; (E) Dentists; Colorado Revised Statutes 2019 Page 85 of 445 Uncertified Printout (F) Psychologists; (G) Registered psychotherapists; (H) Licensed professional counselors; (I) Licensed marriage and family therapists; (J) Public or private school officials or employees; (K) Social workers or workers with any facility or agency that is licensed or certified pursuant to part 1 of article 6 of title 26, C.R.S.; (L) Victim's advocates, as defined in section 13-90-107 (1)(k)(II), C.R.S.; (M) Clergy members, as defined in section 19-3-304 (2)(aa)(III); (N) Educators providing services through a federal special supplemental nutrition program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786; (O) A person who is registered as a psychologist candidate pursuant to section 12-245304 (3), marriage and family therapist candidate pursuant to section 12-245-504 (4), or licensed professional counselor candidate pursuant to section 12-245-604 (4), or who is described in section 12-245-217; and (P) Officials or employees of county departments of health, human services, or social services. (II) Within sixty calendar days after receipt of a report of suspected child abuse or neglect from a mandatory reporter specified in subsection (2)(e.5)(I) of this section, a county department shall provide the following information to the mandatory reporter for the purpose of assisting the mandatory reporter in his or her professional and official role in maintaining the child's safety: (A) The name of the child and the date of the report; (B) Whether the referral was accepted for assessment; (C) Whether the referral was closed without services; (D) Whether the assessment resulted in services related to the safety of the child; (E) The name of and contact information for the county caseworker responsible for investigating the referral; and (F) Notice that the reporting mandatory reporter may request updated information identified in sub-subparagraphs (A) to (E) of this subparagraph (II) within ninety calendar days after the county department received the report and information concerning the procedure for obtaining updated information. (III) Information disclosed to a mandatory reporter pursuant to this paragraph (e.5) is confidential and shall not be disclosed by the mandatory reporter to any other person except as provided by law. (IV) Unless requested by a county department, a mandatory reporter shall not have the authority to participate in any decision made by the county department concerning a report of abuse or neglect. (V) In accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., the state department shall promulgate any rules necessary for the implementation of this paragraph (e.5). (f) A court, upon its finding that access to such records may be necessary for determination of an issue before such court, but such access shall be limited to in camera inspection unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it; Colorado Revised Statutes 2019 Page 86 of 445 Uncertified Printout (g) (Deleted by amendment, L. 2003, p. 1401, § 8, effective January 1, 2004.) (h) All members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a); (i) Such other persons as a court may determine, for good cause; (j) The state department of human services or a county or district department of human or social services or a child placement agency investigating an applicant for a license to operate a child care facility or agency pursuant to section 26-6-107, when the applicant, as a requirement of the license application, has given written authorization to the licensing authority to obtain information contained in records or reports of child abuse or neglect. Access to the records and reports of child abuse or neglect granted to the named department or agencies must serve only as the basis for further investigation. (j.5) The state department of human services or a county or district department of human or social services investigating an exempt family child care home provider pursuant to section 26-6-120, as a prerequisite to issuance or renewal of a contract or any payment agreement to receive money for the care of a child from publicly funded state child care assistance programs. Access to the records and reports of child abuse or neglect granted to the named department or agencies must serve only as the basis for further investigation. (j.7) The state department of human services investigating an applicant for an employee or volunteer position with, or an employee or volunteer of, a licensed neighborhood youth organization pursuant to section 26-6-103.7 (4), C.R.S., when the applicant, employee, or volunteer has given written authorization to the state department of human services to check records or reports of child abuse or neglect; (j.8) The state department of human services investigating any person required to submit to a background check pursuant to section 26-6-705 (2), when the person has given written authorization to the state department of human services to check records or reports of child abuse or neglect; (k) The state department of human services, when requested in writing by any operator of a facility or agency that is licensed by the state department of human services pursuant to section 26-6-107, C.R.S., to check records or reports of child abuse or neglect for the purpose of screening an applicant for employment or a current employee. Any such operator who requests such information concerning an individual who is neither a current employee nor an applicant for employment commits a class 1 misdemeanor and shall be punished as provided in section 181.3-501, C.R.S. Within ten days of the operator's request, the state department of human services shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county which investigated the incident contained in the confirmed reports of child abuse and neglect. Any such operator who releases any information obtained under this paragraph (k) to any other person shall be deemed to have violated the provisions of subsection (4) of this section and shall be subject to the penalty therefor. (k.5) The state department of human services, when requested in writing by a qualified county department, individual, or child placement agency approved to conduct home study investigations and reports pursuant to section 19-5-207.5 (2)(b)(I) for purposes of screening a prospective adoptive parent or any adult residing in the home under section 19-5-207 (2.5)(c), or investigating a prospective foster care parent, kinship care parent, or an adult residing in the home under section 26-6-107 (1)(a.7), C.R.S. Within ten days after the request, the state department of human services shall provide the date of the report of the incident, the location of Colorado Revised Statutes 2019 Page 87 of 445 Uncertified Printout investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect. The county department, individual, or child placement agency shall be subject to the fee assessment established in subsection (2.5) of this section. With respect to screening a prospective adoptive parent, any employee of the county department or the child placement agency or any individual who releases any information obtained under this paragraph (k.5) to any person other than the adoption court shall be deemed to have violated the provisions of subsection (4) of this section and shall be subject to penalty therefor. (l) The state department of human services, when requested in writing by the department of education to check records or reports of child abuse or neglect for the purpose of aiding the department of education in its investigation of an allegation of abuse by an employee of a school district in this state. Within ten days of the department of education's request, the state department of human services shall provide the date of the report of the incident, the location of investigation, the type of abuse or neglect, and the county which investigated the incident contained in the confirmed reports of child abuse or neglect. The department of education shall be subject to the fee assessment established in subsection (2.5) of this section. Any employee of the department of education who releases any information obtained under this paragraph (l) to any person not authorized to receive such information pursuant to the provisions of section 2232-109.7, C.R.S., or any member of the board of education of a school district who releases such information obtained pursuant to said section shall be deemed to have violated the provisions of subsection (4) of this section and shall be subject to the penalty therefor. (m) The state department of human services and the county departments of human or social services, for the following purposes: (I) Screening any person who seeks employment with, is currently employed by, or who volunteers for service with the state department of human services, department of health care policy and financing, or a county department of human or social services, if the person's responsibilities include direct contact with children; (II) Conducting evaluations pursuant to section 14-10-127, C.R.S.; (III) Screening any person who will be responsible to provide child care pursuant to a contract with a county department for placements out of the home or private child care; (IV) Screening prospective adoptive parents; (n) Private adoption agencies, including private adoption agencies located in other states, for the purpose of screening prospective adoptive parents; (o) A person, agency, or organization engaged in a bona fide research or evaluation project, but without information identifying individuals named in a report, unless having said identifying information open for review is essential to the research and evaluation, in which case the executive director of the state department of human services shall give prior written approval and the child through a legal representative shall give permission to release the identifying information; (o.5) An auditor conducting a financial or performance audit of a county department of human or social services pursuant to section 26-1-114.5, C.R.S.; (p) The governing body as defined in section 19-1-103 (54) and the citizen review panels created pursuant to section 19-3-211, for the purposes of carrying out their conflict resolution duties as set forth in section 19-3-211 and rules promulgated by the state department of human services; Colorado Revised Statutes 2019 Page 88 of 445 Uncertified Printout (q) (Deleted by amendment, L. 2003, p. 1401, § 8, effective January 1, 2004.) (r) The state department of human services investigating an applicant for a supervisory employee position or an employee of a guest child care facility or a public services short-term child care facility pursuant to section 26-6-103.5, C.R.S., when the applicant or employee, as a requirement of application for employment, has given written authorization to the state department of human services to check records or reports of child abuse or neglect; (s) The state department of human services investigating a prospective CASA volunteer for the CASA program when the prospective CASA volunteer has given written authorization to the CASA program to check any records or reports of child abuse or neglect pursuant to section 19-1-205 (3)(a.5); (t) State, county, and local government agencies of other states and child placement agencies located in other states, for the purpose of screening prospective foster or adoptive parents or any adult residing in the home of the prospective foster or adoptive parents; (u) The child protection ombudsman program created in section 19-3.3-102, when conducting an investigation pursuant to article 3.3 of this title; (v) A licensed child placement agency, for the purpose of screening prospective foster parents, any adult residing in the home of the prospective foster parent, and specialized group facilities, pursuant to the following conditions: (I) Access is limited to information concerning a current or prospective foster parent, an adult residing in the home of the current or prospective foster parent, or a specialized group facility and includes only the following information: (A) Whether a report of child abuse or neglect has been made regarding the person; (B) The general nature of the alleged incident of child abuse or neglect, including the category of the allegation, and the name and relationship of the perpetrator and victim; (C) Whether the report of child abuse or neglect was screened for assessment; (D) The outcome of the investigation including the investigator's summary of the reason or reasons for his or her finding or conclusions; and (E) Child care and child welfare licensing history; (II) (A) Access is limited to one person at each child placement agency, as designated by the agency and reported to the state department of human services. (B) The state department of human services shall monitor a child placement agency's access to the records and reports of child abuse or neglect to ensure that the child placement agency is accessing the records and reports of child abuse or neglect in accordance with this paragraph (v). (C) An unaccepted referral or an unfounded or inconclusive assessment pursuant to subparagraph (I) of this paragraph (v) does not necessarily require that a current or prospective foster parent be denied placement pursuant to this article. (w) The designated authorities at the military base of assignment or installation for a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces who is the individual responsible for the abused or neglected child. The authorities may be designated in a memorandum of understanding as described and authorized in section 19-1-303 (2.6). (x) A county department that assesses or provides protective services for at-risk adults, pursuant to article 3.1 of title 26, when the information is necessary for the county department to adequately assess for safety and risk or to provide protective services for an at-risk adult. The Colorado Revised Statutes 2019 Page 89 of 445 Uncertified Printout information disclosed pursuant to this subsection (2)(x) is limited to information regarding prior or current referrals, assessments, investigations, or case information related to a child or an alleged perpetrator. A county department that assesses or provides protective services for children is permitted to access information from a county department that assesses or provides protective services for at-risk adults pursuant to section 26-3.1-102 (7)(b)(VIII). The provisions of this subsection (2)(x) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information. (y) The state department of human services, when requested in writing by an individual to check records or reports of child abuse or neglect for the purpose of screening that individual when such individual's responsibilities include care of children, treatment of children, supervision of children, or unsupervised contact with children. (2.3) The following agencies or attorneys appointed by the court must be granted statewide read-only access to the name index and register of actions for the judiciary department: (a) Criminal justice agencies as described in section 24-72-302 (3), C.R.S.; (b) County departments as defined in section 19-1-103 (32) and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103 (31.5), as it relates to the attorneys' work representing the county; (c) Guardians ad litem under contract with the office of the child's representative, created in section 13-91-104, C.R.S., or authorized by the office of the child's representative to act as a guardian ad litem, as it relates to a case in which they are appointed by the court; and (d) A respondent parent's counsel under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which they are appointed by the court. (2.5) (a) Fee - rules - records and reports fund. Any person or agency provided information from the state department of human services pursuant to subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section and any child placement agency must be assessed a fee that is established and collected by the state department of human services pursuant to parameters set forth in rule established by the state board of human services. At a minimum, the rules must include a provision requiring the state department of human services to provide notice of the fee to interested persons and the maximum fee amount that the department shall not exceed without the express approval of the state board of human services. The fee established must not exceed the direct and indirect costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section and the direct and indirect costs of administering section 19-3313.5 (3) and (4). (b) All fees collected in accordance with subsection (2.5)(a) of this section must be transmitted to the state treasurer who shall credit the same to the records and reports fund, which fund is hereby created. The fund also consists of fees credited to the fund pursuant to section 263.1-111. The money in the records and reports fund is subject to annual appropriation by the general assembly for the direct and indirect costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section, for the direct and indirect costs of administering section 19-3-313.5 (3) and (4), and for the direct and indirect costs described in section 26-3.1-111. (3) After a child who is the subject of a report to the state department of human services reaches the age of eighteen years, access to that report shall be permitted only if a sibling or Colorado Revised Statutes 2019 Page 90 of 445 Uncertified Printout offspring of such child is before any person mentioned in subsection (2) of this section and is a suspected victim of child abuse or neglect. (4) Any person who improperly releases or who willfully permits or encourages the release of data or information contained in the records and reports of child abuse or neglect to persons not permitted access to such information by this section or by section 19-1-303 commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Source: L. 96: Entire part added with relocations, p. 1166, § 6, effective January 1, 1997; (2)(q) added and (2.5) amended, pp. 1587, 1588, §§ 16, 17, effective January 1, 1997. L. 98: IP(2) and (2)(p) amended, p. 821, § 25, effective August 5; (2)(m)(II) amended, p. 1408, § 67, effective February 1, 1999. L. 99: (2)(k.5) added, p. 1025, § 10, effective May 29. L. 2002: (2)(e) amended, p. 1809, § 2, effective July 1; (2)(r) added, p. 411, § 3, effective July 1; (2)(k) amended, p. 1523, § 224, effective October 1. L. 2003: (2), (2.5), and (3) amended and (4) added, p. 1401, § 8, effective January 1, 2004. L. 2006: (2)(j.5) added, p. 1084, § 5, effective May 25. L. 2007: (2)(j.5) amended, p. 318, § 3, effective April 2; (2)(r) amended, p. 866, § 3, effective May 14; (2)(k.5), (2)(n), and (2.5) amended and (2)(t) added, p. 1015, § 1, effective May 22; (2)(c) amended, p. 798, § 7, effective July 1. L. 2008: (2.3) added, p. 1243, § 6, effective August 5; (2.5) amended, p. 1892, § 62, effective August 5. L. 2010: (2)(j.7) added, (HB 10-1044), ch. 85, p. 288, § 3, effective April 14; (2)(u) added, (SB 10-171), ch. 225, p. 982, § 3, effective May 14; (2)(e.5) added, (SB 10-152), ch. 224, p. 971, § 1, effective September 1. L. 2011: IP(2)(e.5)(I) and (2)(e.5)(I)(G) amended, (SB 11-187), ch. 285, p. 1327, § 70, effective July 1; (2)(j.7) amended, (HB 11-1145), ch. 163, p. 563, § 5, effective August 10; IP(2)(e.5)(I), (2)(e.5)(I)(L), and (2)(e.5)(I)(M) amended and (2)(e.5)(I)(N) added, (SB 11-034), ch. 125, p. 390, § 2, effective January 1, 2012. L. 2013: (2)(e.5)(I)(M) and (2)(e.5)(I)(N) amended and (2)(e.5)(I)(O) added, (HB 13-1104), ch. 77, p. 248, § 5, effective August 7. L. 2015: (2)(k.5) amended, (SB 15-087), ch. 263, p. 1019, § 13, effective June 2; (2)(o) amended and (2)(o.5) added, (HB 15-1370), ch. 324, p. 1326, § 3, effective June 5; (2)(v) added, (HB 15-1248), ch. 306, p. 1253, § 1, effective July 1; (2.5) amended, (SB 15-264), ch. 259, p. 952, § 42, effective August 5. L. 2017: (2.5) amended, (HB 17-1284), ch. 272, p. 1503, § 7, effective May 31; IP(2) amended and (2)(w) added, (SB 17-028), ch. 332, p. 1784, § 3, effective August 9; (2)(c) amended, (SB 17-223), ch. 158, p. 563, § 16, effective August 9; (2)(h) amended, (SB 17-016), ch. 107, p. 392, § 4, effective August 9; IP(2)(e.5)(I), (2)(e.5)(I)(N), (2)(e.5)(I)(O), and IP(2)(e.5)(II) amended and (2)(e.5)(I)(P) added, (HB 17-1185), ch. 194, p. 709, § 1, effective December 31. L. 2018: (2)(a), (2)(j), (2)(j.5), IP(2)(m), and (2)(m)(I) amended, (SB 18-092), ch. 38, p. 411, § 36, effective August 8. L. 2019: (2)(j.8) added, (HB 19-1142), ch. 265, p. 2509, § 2, effective August 2; (2)(w) and (2.5) amended and (2)(y) added, (SB 19-177), ch. 311, p. 2810, § 1, effective August 2; (2)(x) added, (HB 19-1063), ch. 46, p. 155, § 1, effective August 2; IP(2.3) and (2.3)(d) amended, (HB 19-1104), ch. 14, p. 56, § 1, effective August 2; (2)(e.5)(I)(O) amended, (HB 19-1172), ch. 136, p. 1681, § 111, effective October 1. Editor's note: (1) This section was formerly numbered as § 19-1-120. (2) Amendments to the introductory portion to subsection (2)(e.5)(I) by Senate Bill 11187 and Senate Bill 11-034 were harmonized, effective January 1, 2012. Colorado Revised Statutes 2019 Page 91 of 445 Uncertified Printout Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(k), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2003 act amending subsections (2), (2.5), and (3) and enacting subsection (4), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in HB 15-1370, see section 1 of chapter 324, Session Laws of Colorado 2015. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-1-308. Parentage information. Notwithstanding any other law concerning public hearings and records, any hearing or trial held pursuant to article 4 of this title 19 must be held in closed court without admittance of any person other than those necessary to the action or proceeding. In addition to access otherwise provided for pursuant to section 19-1-303, all papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection by the parties to the action and their attorneys of record, and such parties and their attorneys are subject to a court order that must be in effect against all parties to the action prohibiting the parties from disclosing the genetic testing information contained in the court's record. Such court papers and records are not subject to inspection by any person not a party to the action except the state child support enforcement agency or delegate child support enforcement units for the purposes set forth in section 19-1-303 (4.4) or upon consent of the court and all parties to the action, or, in exceptional cases only, upon an order of the court for good cause shown. All papers and records in the custody of the county department of human or social services must be available for inspection by the parties to the action only upon the consent of all parties to the action and as provided by section 26-1-114, or by the rules governing discovery, but the papers and records must not be subject to inspection by any person not a party to the action except upon consent of all parties to the action; except that the results of genetic testing may be provided to all parties, when available, notwithstanding laws governing confidentiality and without the necessity of formal discovery. Any person receiving or inspecting paternity information in the custody of the county department of human or social services is subject to a court order that must be in effect prohibiting such persons from disclosing the genetic testing information contained in the department's record. Source: L. 96: Entire part added with relocations, p. 1169, § 6, effective January 1, 1997. L. 2003: Entire section amended, p. 1267, § 57, effective July 1. L. 2018: Entire section amended, (SB 18-092), ch. 38, p. 411, § 37, effective August 8. Editor's note: This section was formerly numbered as 19-1-121. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-1-309. Relinquishments and adoption information. Except as provided in parts 3 and 4 of article 5 of this title and section 19-1-303, all records and proceedings in relinquishment or adoption shall be confidential and open to inspection upon order of the court for good cause shown or as otherwise authorized pursuant to article 5 of this title. The court shall act to preserve the anonymity of the biological parents, the adoptive parents, and the child from the general Colorado Revised Statutes 2019 Page 92 of 445 Uncertified Printout public, except as ordered by the court for good cause shown pursuant to this section or except as authorized pursuant to a designated adoption or pursuant to section 19-5-104 (2) or part 3 or 4 of article 5 of this title. A separate docket shall be maintained for relinquishment proceedings and for adoption proceedings. Source: L. 96: Entire part added with relocations, p. 1169, § 6, effective January 1, 1997. L. 98: Entire section amended, p. 822, § 26, effective August 5. L. 99: Entire section amended, p. 1130, § 2, effective July 1. Editor's note: This section was formerly numbered as 19-1-122. 19-1-309.3. Exchange of information for child support purposes - process. The state court administrator of the judicial department and the executive director of the state department of human services, or their designees, shall design a process for exchanging information related to dependency or neglect actions, parentage actions, and any other actions brought pursuant to this title, as contemplated in sections 19-1-303 (4.4), 19-1-308, and 19-1-309, for purposes of locating responsible parties to pay child support, establishing paternity and child support, including child support debt pursuant to section 14-14-104, C.R.S., enforcing child support orders, disbursing collected child support payments, and facilitating the efficient and effective delivery of services under articles 13 and 13.5 of title 26, C.R.S. The process shall allow for the exchange of information by the state child support enforcement agency or the delegate child support enforcement units prior to or after intervention by the agency or units in an action brought pursuant to this title. Except for the limited purposes of the duties described in this section, the state child support enforcement agency or a delegate child support enforcement unit shall maintain the confidentiality of the information received pursuant to this part 3 and such information shall not be subject to discovery. Source: L. 2003: Entire section added, p. 1268, § 58, effective July 1. 19-1-309.5. Adoptive family resource registry. Limitations concerning the accessibility to information on the adoptive family resource registry are set forth in section 19-5207.5 (5)(c). Source: L. 99: Entire section added, p. 1025, § 7, effective May 29. 19-1-310. Information related to intervention and prevention programs - review and evaluation of programs. (Repealed) Source: L. 96: Entire part added with relocations, p. 1169, § 6, effective January 1, 1997. L. 2000: Entire section repealed, p. 585, § 12, effective May 18. 19-1-311. Centralized integrated data base system for children and families strategic business plan - technology plan - children's information management committee report. (Repealed) Colorado Revised Statutes 2019 Page 93 of 445 Uncertified Printout Source: L. 96: Entire part added with relocations, p. 1170, § 6, effective January 1, 1997. L. 2002: Entire section repealed, p. 1017, § 23, effective June 1. 19-1-312. Central registry phase out - implementation plan - repeal. (Repealed) Source: L. 97: Entire section added, p. 45, § 1, effective July 1. Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2000. (See L. 97, p. 45.) PART 4 PREVENTION PROGRAMS FUNDED THROUGH STATE AGENCIES 19-1-401 to 19-1-403. (Repealed) Source: L. 2000: Entire part repealed, p. 585, § 9, effective May 18. Editor's note: This part 4 was added in 1999 and was not amended prior to its repeal in 2000. For the text of this part 4 prior to 2000, consult the 1999 Colorado Revised Statutes. ARTICLE 1.5 Task Force Study to Recodify Code 19-1.5-101 to 19-1.5-106. (Repealed) Editor's note: (1) This article was added in 1994 and was not amended prior to its repeal in 1997. For the text of this article prior to 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Section 19-1.5-106 provided for the repeal of this article, effective July 1, 1997. (See L. 94, p. 1479.) ARTICLE 2 The Colorado Juvenile Justice System Editor's note: This title was repealed and reenacted in 1987, and this article was subsequently amended with relocations in 1996, effective January 1, 1997, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Colorado Revised Statutes 2019 Page 94 of 445 Uncertified Printout Former C.R.S. section numbers prior to 1997 are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article for 1997, see the comparative tables located in the back of the index. Law reviews: For article, "What Do 'They' Think? The Delinquency Court Process in Colorado as Viewed By the Youth", see 69 Den. U. L. Rev. 345 (1992); for article, "Highlights of Colorado's New Juvenile Justice Provisions", see 26 Colo. Law. 63 (Jan. 1997); for article, "The Nuts and Bolts of Juvenile Delinquency", see 31 Colo. Law. 19 (Oct. 2002); for article, "Colorado Juvenile Court History: The First Hundred Years", see 32 Colo. Law. 63 (April 2003); for comment, "Arrested Development: An Alternative to Juveniles Serving Life Without Parole in Colorado", see 78 U. Colo. Rev. 1059 (2007). PART 1 GENERAL PROVISIONS 19-2-101. Provisions". Short title. This part 1 shall be known and may be cited as "General Source: L. 96: Entire article amended with relocations, p. 1595, § 1, effective January 1, 1997. Editor's note: The former section 19-2-101 was relocated to section 19-2-103. 19-2-102. Legislative declaration. (1) The general assembly hereby finds that the intent of this article is to protect, restore, and improve the public safety by creating a system of juvenile justice that will appropriately sanction juveniles who violate the law and, in certain cases, will also provide the opportunity to bring together affected victims, the community, and juvenile offenders for restorative purposes. The general assembly further finds that, while holding paramount the public safety, the juvenile justice system shall take into consideration the best interests of the juvenile, the victim, and the community in providing appropriate treatment to reduce the rate of recidivism in the juvenile justice system and to assist the juvenile in becoming a productive member of society. (2) The general assembly hereby finds that the public has the right to safe and secure homes and communities and that when a delinquent act occurs such safety and security is compromised; and the result is harm to the victim, the community, and the juvenile offender. The general assembly finds that the juvenile justice system should seek to repair such harm and that victims and communities should be provided with the opportunity to elect to participate actively in a restorative process that would hold the juvenile offender accountable for his or her offense. Source: L. 96: Entire article amended with relocations, p. 1595, § 1, effective January 1, 1997. L. 99: Entire section amended, p. 68, § 1, effective August 4. Editor's note: The former section 19-2-102 was relocated to section 19-2-104. Colorado Revised Statutes 2019 Page 95 of 445 Uncertified Printout 19-2-103. Definitions. For purposes of this article 2: (1) "Adjudication" is defined in section 19-1-103 (2). (2) "Basic identification information" is defined in section 19-1-103 (12). (3) "Commit" is defined in section 19-1-103 (24). (3.3) "Competent to proceed" means that a juvenile has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding in order to assist in the defense and that he or she has a rational as well as a factual understanding of the proceedings against him or her. (4) "Cost of care" is defined in section 19-1-103 (30). (5) "Delinquent act" is defined in section 19-1-103 (36). (5.5) "Developmental disability" means a disability that is manifested before the person reaches his or her twenty-second birthday, that constitutes a substantial disability to the affected individual, and that is attributable to an intellectual disability or other neurological conditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability. Unless otherwise specifically stated, the federal definition of "developmental disability", 42 U.S.C. sec. 15002 (8) does not apply. (6) "Diagnostic and evaluation center" is defined in section 19-1-103 (41). (7) "Estate" is defined in section 19-1-103 (47). (8) "Gang" is defined in section 19-1-103 (52). (9) "Halfway house" is defined in section 19-1-103 (62). (9.5) "Incompetent to proceed" means that, based on an intellectual or developmental disability, mental disability, or lack of mental capacity, a juvenile does not have sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding in order to assist in the defense or that he or she does not have a rational as well as a factual understanding of the proceedings against him or her. (10) "Juvenile" is defined in section 19-1-103 (68). (11) "Juvenile community review board" is defined in section 19-1-103 (69). (12) "Juvenile delinquent" is defined in section 19-1-103 (71). (12.3) "Mental capacity" means a juvenile's capacity to meet all of the following criteria: (a) Appreciate the charges or allegations against him or her; (b) Appreciate the nature of the adversarial process, which includes having a factual and rational understanding of the participants in the proceeding and their roles, including the judge, defense counsel, prosecutor, and, if applicable, the guardian ad litem and the jury; (c) Appreciate the range and nature of allowable dispositions that may be imposed by the court; (d) The ability to communicate to counsel information known to the juvenile regarding the allegations against the juvenile, as well as information relevant to the proceeding at issue; and (e) Understand and appreciate the right to testify and to voluntarily exercise the right. (12.4) "Mental disability" means a substantial disorder of thought, mood, perception, or cognitive ability that results in marked functional disability and significantly interferes with adaptive behavior. "Mental disability" does not include acute intoxication from alcohol or other substances, any condition manifested only by antisocial behavior, or any substance abuse impairment resulting from recent use or withdrawal. However, substance abuse that results in a Colorado Revised Statutes 2019 Page 96 of 445 Uncertified Printout long-term, substantial disorder of thought, mood, or cognitive ability may constitute a mental disability. (12.5) "Office of alternate defense counsel" means the office of alternate defense counsel created and existing pursuant to section 21-2-101, C.R.S. (12.7) "Office of the state public defender" means the office of state public defender created and existing pursuant to section 21-1-101, C.R.S. (13) "Receiving center" is defined in section 19-1-103 (90). (14) "Residential community placement" is defined in section 19-1-103 (92). (14.3) "Restoration to competency hearing" means a hearing to determine whether a juvenile who has previously been determined to be incompetent to proceed has achieved or is restored to competency. (15) "Screening team" is defined in section 19-1-103 (94.5). (16) "Sentencing hearing" is defined in section 19-1-103 (95). (17) "Staff secure facility" is defined in section 19-1-103 (101.5). (18) "Training school" is defined in section 19-1-103 (109). Source: L. 96: Entire article amended with relocations, p. 1596, § 1, effective January 1, 1997. L. 2014: (12.5) and (12.7) added, (HB 14-1032), ch. 247, p. 954, § 7, effective November 1. L. 2018: IP amended and (3.3), (5.5), (9.5), (12.3), (12.4), and (14.3) added, (HB 18-1050), ch. 56, p. 594, § 1, effective July 1. L. 2019: (5.5) amended, (SB 19-241), ch. 390, p. 3466, § 17, effective August 2. Editor's note: The former section 19-2-103, as it existed prior to 1996, was relocated to section 19-2-105. 19-2-104. Jurisdiction. (1) Except as otherwise provided by law, the juvenile court shall have exclusive original jurisdiction in proceedings: (a) Concerning any juvenile ten years of age or older who has violated: (I) Any federal or state law, except nonfelony state traffic, game and fish, and parks and recreation laws or rules; the offenses specified in section 18-13-121, concerning tobacco products; the offense specified in section 18-13-122, concerning the illegal possession or consumption of ethyl alcohol or marijuana by an underage person or illegal possession of marijuana paraphernalia by an underage person; the offenses specified in section 18-18-406 (5)(a)(I), (5)(b)(I), and (5)(b)(II), concerning marijuana and marijuana concentrate; and the civil infraction in section 18-7-109 (3) concerning exchange of a private image by a juvenile; (II) Any county or municipal ordinance except traffic ordinances, the penalty for which may be a jail sentence of more than ten days; or (III) Any lawful order of the court made under this title; (b) Concerning any juvenile to which section 19-2-518 applies; except that, after filing charges in the juvenile court but prior to the time that the juvenile court conducts a transfer hearing, the district attorney may file the same or different charges against the juvenile by direct filing of an information in the district court or by indictment pursuant to section 19-2-517. Upon said filing or indictment in the district court, the juvenile court shall no longer have jurisdiction over proceedings concerning said charges. Colorado Revised Statutes 2019 Page 97 of 445 Uncertified Printout (2) The juvenile court shall have limited jurisdiction in matters to which section 19-2517 applies. (3) The fact that a juvenile has been prosecuted or convicted in the county court for a nonfelony violation under title 42, C.R.S., shall not be a bar to a subsequent or parallel proceeding under this title for delinquent acts arising out of the same criminal episode; nor shall proceedings under this title be a bar to a subsequent or parallel prosecution in the county court for a nonfelony violation under title 42, C.R.S., for the same delinquent acts arising from the same criminal episode. (4) Notwithstanding any other provision of this section to the contrary, the juvenile court may exercise jurisdiction over a juvenile who is under sixteen years of age and who has violated a traffic law or ordinance if his or her case is transferred to the juvenile court from the county court. Such a transfer shall be subject to approval by the juvenile court. (5) Notwithstanding any other provision of this section to the contrary, the juvenile court and the county court shall have concurrent jurisdiction over a juvenile who is under eighteen years of age and who is charged with a violation of section 18-13-122, 18-18-406 (5)(a)(I), (5)(b)(I), and (5)(b)(II), 18-18-428, 18-18-429, 18-18-430, or 42-4-1301, C.R.S.; except that, if the juvenile court accepts jurisdiction over such a juvenile, the county court jurisdiction shall terminate. (6) The juvenile court may retain jurisdiction over a juvenile until all orders have been fully complied with by such person, or any pending cases have been completed, or the statute of limitations applicable to any offense that may be charged has run, regardless of whether such person has attained the age of eighteen years, and regardless of the age of such person. (7) This section shall not be construed to confer any jurisdiction upon the court over a person for any offense committed after the person attains the age of eighteen years. (8) Notwithstanding any other provision of this section to the contrary, the juvenile court may exercise jurisdiction over a juvenile to determine the legal custody of a juvenile or to appoint a guardian of the person or legal custodian of any child who comes within the juvenile court's jurisdiction under the provisions of section 19-1-104. Source: L. 96: Entire article amended with relocations, p. 1596, § 1, effective January 1, 1997. L. 99: (5) amended, p. 1375, § 12, effective July 1. L. 2004: (5) amended, p. 1131, § 3, effective July 1. L. 2010: (1)(a)(I) amended, (HB 10-1352), ch. 259, p. 1175, § 22, effective August 11. L. 2013: (1)(a)(I) and (5) amended, (SB 13-250), ch. 333, p. 1936, § 56, effective October 1. L. 2014: (1)(a)(I) amended, (SB 14-129), ch. 387, p. 1938, § 9, effective June 6. L. 2017: (8) added, (HB 17-1110), ch. 137, p. 459, § 2, effective August 9; (1)(a)(I) amended, (HB 17-1302), ch. 390, p. 2016, § 5, effective January 1, 2018. Editor's note: (1) This section was formerly numbered as 19-2-102. Prior to relocation in 1996, the said section 19-2-102 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-104 and 19-3-118 as said sections existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-104 was relocated to section 19-2-106 when this article was amended with relocations in 1996. Colorado Revised Statutes 2019 Page 98 of 445 Uncertified Printout Cross references: For the legislative declaration in HB 17-1302, see section 1 of chapter 390, Session Laws of Colorado 2017. 19-2-105. Venue. (1) (a) Proceedings in cases brought under this article shall be commenced in the county in which the alleged violation of the law, ordinance, or court order took place; except that the court may order a change of venue based upon written findings that a change of venue is necessary to ensure that the juvenile receives a fair trial, in which case venue shall be transferred to an appropriate jurisdiction prior to the findings of fact. When the court in which the petition was filed is in a county other than where the juvenile resides, such court may transfer venue to the court of the county of the juvenile's residence for the purposes of supervision after sentencing and entry of any order for payment of restitution. A transfer of venue may not be rejected for any reason except where venue would be improper. (b) For purposes of determining proper venue, a juvenile who is placed in the legal custody of a county department of human or social services is deemed for the entire period of placement to reside in the county in which the juvenile's legal custodian is located, even if the juvenile is physically residing in a residential facility located in another county. If a juvenile is placed in the legal custody of a county department of human or social services, the court shall not transfer venue during the period of placement to any county other than the county in which the juvenile's legal custodian is located. (2) In determining proper venue, the provisions of section 18-1-202, C.R.S., shall apply. (3) A court transferring venue under this section shall transmit all documents and legal social records, or certified copies thereof, to the receiving court, which court shall proceed with the case as if the petition had been originally filed or the adjudication had been originally made in such court. (4) Upon transfer of venue, the receiving court shall set a date not more than thirty days following the date upon which the change of venue is ordered for the juvenile and his or her parent or guardian to appear. Source: L. 96: Entire article amended with relocations, p. 1598, § 1, effective January 1, 1997. L. 99: (1) amended, p. 1373, § 7, effective July 1. L. 2018: (1)(b) amended, (SB 18-092), ch. 38, p. 412, § 38, effective August 8. Editor's note: This section was formerly numbered as 19-2-103. Prior to relocation in 1996, the said section 19-2-103 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-106. Representation of petitioner. In all matters under this article, the petitioner shall be represented by the district attorney. Source: L. 96: Entire article amended with relocations, p. 1598, § 1, effective January 1, 1997. Colorado Revised Statutes 2019 Page 99 of 445 Uncertified Printout Editor's note: This section was formerly numbered as 19-2-104. Prior to relocation in 1996, the said section 19-2-104 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-107. Right to jury trial. (1) In any action in delinquency in which a juvenile is alleged to be an aggravated juvenile offender, as described in section 19-2-516, or is alleged to have committed an act that would constitute a crime of violence, as defined in section 18-1.3406, C.R.S., if committed by an adult, the juvenile or the district attorney may demand a trial by a jury of not more than six persons except as provided in section 19-2-601 (3)(a), or the court, on its own motion, may order such a jury to try any case brought under this title, except as provided in subsection (2) of this section. (2) The juvenile is not entitled to a trial by jury when the petition alleges a delinquent act which is a misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a violation of a court order. (3) Unless a jury is demanded pursuant to subsection (1) of this section, it shall be deemed waived. (4) Notwithstanding any other provisions of this article, in any action in delinquency in which a juvenile requests a jury pursuant to this section, the juvenile shall be deemed to have waived the sixty-day requirement for holding the adjudicatory trial established in section 19-2708. In such a case, the juvenile's right to a speedy trial shall be governed by section 18-1-405, C.R.S., and rule 48 (b) of the Colorado rules of criminal procedure. Source: L. 96: Entire article amended with relocations, p. 1598, § 1, effective January 1, 1997. L. 2002: (1) amended, p. 1523, § 225, effective October 1. Editor's note: This section was formerly numbered as 19-2-501. Prior to relocation in 1996, the said section 19-2-501 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. 19-2-108. Speedy trial - procedural schedule. (1) The juvenile's right to a speedy trial shall be governed by section 18-1-405, C.R.S., and rule 48(b) of the Colorado rules of criminal procedure. (2) In bringing an adjudicatory action against a juvenile pursuant to this article 2, the district attorney and the court shall comply with the deadlines for: (a) Holding the detention hearing, as specified in section 19-2-508 (3)(a)(I); (b) Filing the petition, as specified in section 19-2-508 (3)(a)(IX); (c) Setting the first appearance, as specified in section 19-2-514 (4); and (d) Holding the adjudicatory trial, as specified in section 19-2-708 (1). (3) The court may grant a continuance with regard to any of the deadlines specified in subsection (2) of this section upon making a finding of good cause. Colorado Revised Statutes 2019 Page 100 of 445 Uncertified Printout Source: L. 96: Entire article amended with relocations, p. 1599, § 1, effective January 1, 1997. L. 2019: IP(2) and (2)(b) amended, (SB 19-108), ch. 294, p. 2728, § 23, effective July 1. Editor's note: This section was formerly numbered as 19-2-502. 19-2-109. General procedure for juvenile hearings. (1) The Colorado rules of juvenile procedure shall apply in all proceedings conducted under this article. (2) Hearings shall be held before the court without a jury, except as provided in sections 19-2-107 and 19-2-601 (3), and may be conducted in an informal manner. (3) A verbatim record shall be taken of all proceedings, including any hearing conducted by a magistrate. (4) When more than one juvenile is named in a petition or individual petitions are filed against more than one juvenile alleging delinquent acts arising from the same delinquent episode, any proceedings, including trials, may be consolidated. (5) Juvenile cases shall be heard separately from adult cases, and the juvenile or his or her parents, guardian, or other custodian may be heard separately when deemed necessary by the court. (6) The parent, guardian, or legal custodian of the juvenile is required to attend all proceedings, including all hearings, concerning the juvenile. Failure, without good cause, to attend a proceeding concerning the juvenile may subject the parent, guardian, or legal custodian to contempt sanctions; except that, if the juvenile's legal custodian is a county department of social services or the department of human services, the legal custodian need not attend any proceeding at which the juvenile's guardian ad litem is present. Source: L. 96: Entire article amended with relocations, p. 1599, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-401. Prior to relocation in 1996, the said section 19-2-401 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-110. Open hearings. The general public shall not be excluded from hearings held under this article unless the court determines that it is in the best interest of the juvenile or of the community to exclude the general public, and, in such event, the court shall admit only such persons as have an interest in the case or work of the court, including persons whom the district attorney, the juvenile, or his or her parents or guardian wish to be present. Source: L. 96: Entire article amended with relocations, p. 1600, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-904. Prior to relocation in 1996, the said section 19-2-904 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Colorado Revised Statutes 2019 Page 101 of 445 Uncertified Printout 19-2-111. Effect of proceedings. No adjudication or proceeding under this article shall impose any civil disability upon a juvenile or disqualify him or her from holding any position under the state personnel system or submitting any governmental or military service application or receiving any governmental or military service appointment or from holding public office. Source: L. 96: Entire article amended with relocations, p. 1600, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-903. Prior to relocation in 1996, the said section 19-2-903 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-109 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-112. Victim's right to attend dispositional, review, and restitution proceedings. The victim of any delinquent act or a relative of the victim, if the victim has died, has the right to attend all dispositional, review, and restitution proceedings resulting from the adjudication of such act. The victim or his or her relative has the right to appear at the proceedings personally or with counsel and to adequately and reasonably express his or her views concerning the act, the juvenile, the need for restitution, and the type of dispositional orders that should be issued by the court. When issuing such orders, the court shall consider the statements made by the victim or his or her relative and shall make a finding, on the record, when appropriate, as to whether or not the juvenile would pose a threat to public safety if granted probation. Source: L. 96: Entire article amended with relocations, p. 1600, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-707. Prior to relocation in 1996, the said section 19-2-707 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-121 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-113. Parental accountability. (1) (a) The parent, guardian, or legal custodian of any juvenile subject to proceedings under this article 2 is required to attend all proceedings that may be brought under this article 2 concerning the juvenile. The court may impose contempt sanctions against said parent, guardian, or legal custodian for failure, without good cause, to attend any proceeding concerning the juvenile; except that, if the juvenile's legal custodian is a county department of human or social services or the state department of human services, the legal custodian need not attend any proceeding at which the juvenile's guardian ad litem is present. (b) For any juvenile adjudicated pursuant to this article, the court may specify its expectations for the juvenile's parent, guardian, or legal custodian, so long as the parent, guardian, or legal custodian is a party to the delinquency proceedings. (2) (a) The general assembly hereby determines that families play a significant role in the cause and cure of delinquent behavior of children. It is therefore the intent of the general Colorado Revised Statutes 2019 Page 102 of 445 Uncertified Printout assembly that parents cooperate and participate significantly in the assessment and treatment planning for their children. (b) Any treatment plan developed pursuant to this article may include requirements to be imposed on the juvenile's parent, so long as the parent is a party to the delinquency proceedings. These requirements may include, but are not limited to, the following: (I) Maximum parent involvement in the sentencing orders; (II) Participation by the parent in parental responsibility training; (III) Cooperation by the parent in treatment plans for the juvenile; (IV) Performance of public service by the parent; (V) Cost of care reimbursement by the parent; (VI) Supervision of the juvenile; and (VII) Any other provisions the court deems to be in the best interests of the juvenile, the parent's other children, or the community. (c) Any parent who is a party to the delinquency proceedings and who fails to comply with any requirements imposed on the parent in a treatment plan may be subject to contempt sanctions. (d) The court shall have discretion to exempt the parent from participation in the juvenile's treatment. Source: L. 96: Entire article amended with relocations, p. 1600, § 1, effective January 1, 1997. L. 2018: (1)(a) amended, (SB 18-092), ch. 38, p. 412, § 39, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-114. Cost of care. (1) (a) Notwithstanding the provisions of section 19-1-115 (4)(d), where a juvenile is sentenced to a placement out of the home or is granted probation as a result of an adjudication, deferral of adjudication, or direct filing in or transfer to district court, the court may order the juvenile or the juvenile's parent to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this section, and for the maintenance and support of the juvenile's spouse, dependent children, any other persons having a legal right to support and maintenance out of the estate of the juvenile, or any persons having a legal right to support and maintenance out of the estate of the juvenile's parent. The court shall also consider the financial needs of the juvenile for the six-month period immediately following the juvenile's release, for the purpose of allowing said juvenile to seek employment. (b) For an adoptive family who receives an approved Title IV-E adoption assistance subsidy pursuant to the federal "Social Security Act", 42 U.S.C. sec. 673 et seq., or an approved payment in subsidization of adoption pursuant to article 7 of title 26, the cost of care, as defined in section 19-1-103 (30), must not exceed the amount of the adoption assistance payment. (2) Any order for payment toward the cost of care entered by the court pursuant to subsection (1) of this section shall constitute a judgment which shall be enforceable by the state Colorado Revised Statutes 2019 Page 103 of 445 Uncertified Printout or the governmental agency that would otherwise incur the cost of care for the juvenile in the same manner as are civil judgments. (3) In order to effectuate the provisions of this section, a juvenile and such juvenile's parent shall be required to provide information to the court regarding the juvenile's estate and the estate of such juvenile's parent. Such financial information shall be submitted in writing and under oath. (4) and (5) Repealed. Source: L. 96: Entire article amended with relocations, p. 1601, § 1, effective January 1, 1997. L. 97: (4) and (5) repealed, p. 1431, § 5, effective June 3. L. 2007: (1) amended, p. 1506, § 3, effective May 31. L. 2019: (1)(b) amended, (SB 19-178), ch. 180, p. 2049, § 3, effective August 2. Editor's note: This section was formerly numbered as 19-2-705.5 (1) to (5). Cross references: For the legislative declaration contained in the 2007 act amending subsection (1), see section 1 of chapter 351, Session Laws of Colorado 2007. PART 2 ADMINISTRATIVE ENTITIES - AGENTS 19-2-201. Short title. This part 2 shall be known and may be cited as "Juvenile Administrative Entities and Agents". Source: L. 96: Entire article amended with relocations, p. 1602, § 1, effective January 1, 1997. Editor's note: The former section 19-2-201 was relocated to section 19-2-502. 19-2-202. Responsible agencies. The department of human services is the single state agency responsible for the oversight of the administration of juvenile programs and the delivery of services for juveniles and their families in this state. In addition, the department of human services is responsible for juvenile parole. The state judicial department is responsible for the oversight of juvenile probation. The department of public safety is responsible for the oversight of community diversion programs. The state agencies described in this section shall jointly oversee the application by judicial districts of the placement criteria established by the working group as provided in section 19-2-212. Source: L. 96: Entire article amended with relocations, p. 1602, § 1, effective January 1, 1997. Editor's note: The former section 19-2-202 was relocated to section 19-2-503. Colorado Revised Statutes 2019 Page 104 of 445 Uncertified Printout 19-2-203. Division of youth services - created - interagency agreements - duties of administrators of facilities in connection with voter registration and casting of ballots reports - pilot programs - fund - definitions - repeal. (1) (a) There is hereby created within the department of human services the division of youth services, referred to within this section as the "division", the head of which is the director of the division. The executive director of the department of human services shall appoint the director of the division pursuant to section 13 of article XII of the state constitution and the laws and rules governing the state personnel system. The director shall exercise powers and perform duties and functions within the office of the executive director of the department of human services in accordance with the provisions of this article 2 and as if transferred thereto by a type 2 transfer as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24. (b) The purposes of the division are to: (I) Increase public safety by providing rehabilitative treatment to help youths in the division's care make lasting behavioral changes to prepare themselves for successful transition back to the community; (II) Promote the physical safety of youths and staff within the division; (III) Promote a seamless continuum of care from the time of detention or commitment to discharge, in which youths' needs are met in a safe, structured environment with well-trained, caring staff who help youths identify and address their issues, hold youths accountable for their actions, and help youths accept responsibility for their actions; (IV) Enable youths to develop healthy, supportive relationships with peers, adults, family, and members of their neighborhoods and communities; and (V) Provide youths with the tools necessary to become law-abiding, contributing members of the community upon their release. (2) The division may enter into agreements with the judicial department to combine provision of juvenile parole and probation services. Juvenile probation and parole supervision programs implemented pursuant to such agreements may not include provisions for supervision of juveniles sentenced to the department of corrections. (3) (a) This subsection (3) applies to any individual committed to a juvenile facility and in the custody of the division who is eighteen years of age or older on the date of the next election. (b) The administrator of a facility in which an individual described in paragraph (a) of this subsection (3) is committed shall facilitate the voting rights of the individual. In connection with such requirements, the administrator shall provide the individual information regarding his or her voting rights and how the individual may register to vote and cast a mail ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail ballot cast by the individual is timely delivered to the designated election official. For purposes of this subsection (3), "administrator" and "voter information materials" have the same meaning as set forth in section 1-2-210.5 (5), C.R.S. Notwithstanding any other provision of law, to satisfy the requirements of this paragraph (b), the administrator is exempt from any restriction under law on the number of mail ballots an eligible elector may deliver in person to the designated election official. (c) The administrator and the secretary of state shall post the type or kind of verification satisfying the requirements of section 1-1-104 (19.5)(d), C.R.S., in a prominent place on the public websites maintained by the department of human services and the secretary, respectively. Colorado Revised Statutes 2019 Page 105 of 445 Uncertified Printout The secretary shall provide notice to the county clerk and recorders as well as other designated election officials throughout the state that such verification constitutes an acceptable form of identification under section 1-1-104 (19.5), C.R.S., permitting the individuals possessing such identification to register to vote and cast a ballot. (d) The administrator shall forward applications made under this subsection (3) on a weekly basis, or on a daily basis during the last week allowed for registration prior to any election, to the county clerk and recorder of the county in which the facility is located, and, if the applicant resides in a different county from the facility, the application must then be forwarded to the county clerk and recorder of the county in which the applicant resides. (4) Pilot programs - fund created - repeal. (a) Legislative declaration. The general assembly finds that: (I) Youths committed to the care of the division deserve to be treated with respect and dignity, using a therapeutic approach delivered in a treatment setting where social-emotional competencies are learned and practiced by youths and staff; (II) Because many youths committed to the care of the division have experienced trauma, which may include physical and sexual abuse, abandonment, violence in their homes or in their communities, or the loss of a family member at a young age, the experience of a safe, humane, and nurturing environment is necessary for youths to develop coping skills and the ability to trust and form healthy relationships; (III) Almost all youths committed to the division will return to the community; (IV) Youths in the division's care need treatment and tools that prepare them to safely rejoin our communities; (V) The environment in the division should be safe, secure, and nonviolent to promote building trust and healthy relationships between youths and staff and to allow youths to grow and mature responsibly; (VI) Rates of violence against youths and staff in the division are unacceptably high; (VII) Improvements can always be made in the division, which strives to have staff and youths engaged with respect and dignity and create an environment that is safe for all; (VIII) Division staff have an extremely difficult job. They must respond daily to extremely troubled youths, including some who act out with violence. Even with appropriate staff response, some youths will need to be physically restrained. (IX) Division staff want to help, and not hurt, youths; (X) Nonetheless, certain restraint practices used in youth corrections, including full-body restraints, the WRAP, solitary confinement, pressure-point or pain-compliance techniques, manipulating nerves, mechanical restraints, and knee strikes to thighs, buttocks, and ribs are physically and psychologically harmful, destructive to relationship building, and inconsistent with the therapeutic, trauma-responsive, and non-violent environment the division is committed to creating; (XI) Fundamental cultural change is needed at the division in order to provide for the safety of youths and staff and to effectuate real and lasting personal change for the youths in the division's care; (XII) Division staff need additional tools and training to reduce the use of physical restraints and to promote stronger, healthier relationships with youths; and (XIII) Transparency and accountability regarding critical incidents, fights, assaults, restraints, and injuries that occur in division facilities are critical components of cultural change. Colorado Revised Statutes 2019 Page 106 of 445 Uncertified Printout (b) The division shall implement two pilot programs to aid in the establishment of a division-wide therapeutic and rehabilitative culture. The pilot programs will test the efficacy of a therapeutic group-treatment approach and the ability of the division to keep youths and staff safe without the use of seclusion and mechanical restraints other than handcuffs. In administering the pilot programs, the division shall: (I) Provide treatment to at least thirty-five youths committed to the division's care, divided into groups of no more than fifteen. In selecting youths to participate in the pilot programs, the division shall ensure that the youths reflect a representative cross section of youths committed to the division's care with respect to age and history of violence. (II) Give hiring or transfer preference to staff who agree to work as staff in the pilot program; (III) Create teams of youths and staff by assigning each staff member to a group of youths, to which group the staff member remains assigned throughout the pilot programs; (IV) Require staff assigned to the pilot programs to be trained as youth specialists and have or acquire substantial knowledge of rehabilitative treatment, de-escalation, adolescent behavior modification, trauma, safety, and physical management techniques that do not harm youths; assign no staff members to the pilot programs solely as security staff; and maintain a ratio of staff to youths that meets or exceeds nationally recognized standards and reflects best practices; (V) Operate healthy, trauma-responsive organizational environments as demonstrated through prosocial, safe, and non-violent interaction by: (A) Prioritizing the physical and psychological safety of youths and staff; (B) Meeting the basic needs of youths, which are food, clothing, shelter, emotional and physical safety, belonging, and family involvement; (C) Creating a humane environment for youths that is not institutional but is home-like, healthy, and therapeutic; (D) Holding youths in the least restrictive environment possible; (E) Emphasizing positive behavioral outcomes with the goal of helping youths to progress from behavioral compliance to internalized change; (F) Utilizing the small group process as a primary method of providing treatment services, where resolution of core issues and development of social-emotional competency can occur, youth behaviors are viewed as having a cause, and determining the purpose of a behavior is essential to the treatment process; (G) To the extent possible, ensuring that each youth in the pilot programs remains with his or her group and dedicated staff member during waking hours, except for specialized treatment or educational services; (H) Relying on de-escalation and relationship-building techniques that help staff members avoid physical management and restraint; (I) Not using restraint methods that physically harm youths, including striking youths, using mechanical restraints other than handcuffs, and using pain-compliance or pressure-point techniques; (J) Prohibiting a youth from participating in the restraint of another youth; (K) Phasing out completely within the first year of each pilot program the practice of placing youths alone in a room or area behind a locked door from which egress is prevented, except during sleeping hours, and avoiding isolation of youths from their peers; Colorado Revised Statutes 2019 Page 107 of 445 Uncertified Printout (L) Integrating trauma-responsive principles and practices into all elements of programming and ensuring that all staff who work with youths are thoroughly trained to provide trauma-responsive care. For the purposes of this section, "trauma-responsive" care means care in which staff are trained to expect the presence of trauma in the youths being served, to recognize how staff response and organizational practices may trigger painful memories and re-traumatize youths with trauma histories, and to resist taking actions or using words that re-traumatize youths. (M) Providing continuity of services and relationships through a seamless case management system and assignment of a dedicated case manager to each youth, which case manager serves as the primary advocate for the youth and his or her family and works actively with both throughout the pilot programs; (N) Prioritizing family engagement; and (O) Facilitating community engagement, consistent with principles of restorative justice; (VI) Contract through a competitive bid process with an independent third party to facilitate, coach, and train staff and leadership throughout the course of the pilot programs. The independent third party must have expertise in systemic cultural transformation of a youth correctional system from a punitive correctional culture to a rehabilitative and therapeutic culture. The independent third party must have experience training staff in providing relationship-based, group-centered, trauma-responsive care and decreasing violence against youths and staff in facilities. The independent third party shall assist with implementation of the pilot programs, provide training for staff working in the pilot programs, and provide at least one three-quarter-time to full-time consultant to provide on-the-ground mentorship, coaching, and training to pilot program staff members throughout the pilot programs. The consultant shall also provide training to the division's leadership regarding the philosophies and techniques used in the pilot programs. On or before January 1, 2018, and continuing through June 30, 2020, the division shall begin working actively with the contracted independent third party to take the necessary steps to commence the first pilot program as soon as possible, which must begin to serve youths no later than July 1, 2018. As soon as possible, but no later than January 30, 2020, the division shall begin working with the second contracted independent third party to commence the second pilot program, which must begin to serve youths no later than July 1, 2020. (VII) (A) Contract through a competitive bid process with an independent contractor other than one of the independent third parties described in subsection (4)(b)(VI) of this section to evaluate the effectiveness and outcome of the pilot programs. Prior to the start of each pilot program, the division and the contractor shall work together to identify the data points to be collected throughout the pilot programs, which must include, but are not limited to, data concerning fights, assaults on youths, assaults on staff, critical incidents, restraints, mechanical restraints, seclusion, injuries to youths, injuries to staff, criminal charges filed against youths or staff, grievances or complaints regarding abuse that have been filed or sustained, staff absences, staff turnover, and youth educational achievement. The division shall collect the data and make it available to the contractor at the contractor's request throughout the pilot programs. For the purposes of this subsection (4)(b)(VII), on or before September 1, 2017, the division shall request proposals from candidates for an evaluation of the first pilot program. The division shall require each candidate to submit its proposal to the division on or before November 1, 2017, and the division shall contract with a candidate on or before December 1, 2017. Not later than Colorado Revised Statutes 2019 Page 108 of 445 Uncertified Printout October 1, 2019, the independent contractor described in this subsection (4)(b)(VII) shall assess the data provided by the division and complete a report evaluating the effectiveness and outcomes of the first pilot program when compared to one or more comparable populations of youths in the division. For the purposes of this subsection (4)(b)(VII), the division shall contract for an evaluation of the effectiveness and outcomes of the first and second pilot programs when compared to one or more comparable populations of youths in the division to be completed no later than October 1, 2021. The division shall provide the contractors all available data requested to complete the reports. (B) The independent contractors, at least in part, shall base their evaluations of the effectiveness of the pilot programs upon whether they reduce the number of fights, critical incidents, assaults on youths, assaults on staff, injuries to youths, and injuries to staff when compared to comparable populations of youths in the division, and whether they reduce the number of physical managements and mechanical restraints when compared to comparable populations of youths in the division. (C) Not later than October 1, 2019, the first independent contractor shall complete the report described in subsection (4)(b)(VII)(A) of this section and submit it to the judiciary committees of the house of representatives and the senate, to the public heath care and human services committee of the house of representatives, and to the health and human services committee of the senate, or to any successor committees. (D) Not later than October 1, 2021, the second independent contractor shall complete the report described in subsection (4)(b)(VII)(A) of this section and submit it to the judiciary committees of the house of representatives and the senate, to the public health care and human services committee of the house of representatives, and to the health and human services committee of the senate, or to any successor committees. (VIII) Perform the necessary construction and renovation to create youth residences for the pilot programs that are home-like and therapeutic, including home-like sleeping quarters and living and group meeting areas. (c) (I) The division of youth services pilot program cash fund, referred to in this subsection (4) as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (4)(c)(IV) of this section and any other money that the general assembly may appropriate or transfer to the fund. (II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and does not revert to the general fund. (III) Subject to annual appropriation by the general assembly, the division may expend money from the fund for the purposes described in this subsection (4). (IV) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this subsection (4). The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. (V) The state treasurer shall transfer all unexpended and unencumbered money in the fund on January 3, 2022, to the general fund. (d) This subsection (4) is repealed, effective July 1, 2022. (5) Repealed. Colorado Revised Statutes 2019 Page 109 of 445 Uncertified Printout (6) On or before July 1, 2018, and on or before each July 1 thereafter, the department of human services shall collect recidivism data and calculate the recidivism rates and the educational outcomes for juveniles committed to the custody of the department who complete their parole sentences and discharge from department supervision. In collecting the recidivism data, the department shall include any juvenile adjudication or adult conviction of a criminal offense within three years after parole discharge. Notwithstanding section 24-1-136 (11)(a)(I), the department shall report the recidivism data, recidivism rates, and educational outcomes to the general assembly annually. The report must denote the demographic characteristics of the population considered in the report. In reporting on recidivism rates, the report must denote the types of criminal offenses committed, delineating between felonies and misdemeanors and between crimes that are included as a "crime" pursuant to section 24-4.1-302 (1) and other crimes. Source: L. 96: Entire article amended with relocations, p. 1602, § 1, effective January 1, 1997. L. 98: (2)(b) repealed, p. 730, § 18, effective May 18. L. 2013: (3) added, (HB 13-1038), ch. 28, p. 69, § 3, effective March 15. L. 2014: (3)(b) amended, (HB 14-1164), ch. 2, p. 74, § 45, effective February 8. L. 2017: (1), (2), and (3)(a) amended and (4) and (5) added, (HB 17-1329), ch. 381, p. 1954, § 1, effective June 6. L. 2018: (6) added, (HB 18-1010), ch. 25, p. 282, § 1, effective March 7. L. 2019: IP(4)(b), (4)(b)(I), (4)(b)(III), (4)(b)(IV), (4)(b)(V)(G), (4)(b)(V)(I), (4)(b)(V)(K), (4)(b)(V)(M), (4)(b)(VI), (4)(b)(VII), (4)(b)(VIII), (4)(c)(V), and (4)(d) amended, (SB 19-136), ch. 224, p. 2256, § 1, effective August 2. Editor's note: (1) The former section 19-2-203 was relocated to section 19-2-507. (2) Subsection (5)(f) provided for the repeal of subsection (5), effective July 1, 2018. (See L. 2017, p. 1960.) Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 19-2-203.5. Division of youth services - community boards. (1) There is created in each region of the division of youth services a community board to: (a) Promote transparency and community involvement in division facilities within the region; (b) Provide opportunities for youths to build positive relationships with adult role models; and (c) Promote youth involvement in the community. (2) (a) Each community board must include six members with a diverse array of experience and perspectives related to incarcerated youths. Each member of each board shall be a resident of, or work within, the region in which he or she serves. (b) The governor or his or her designee shall appoint each member of each board to a term of three years, and each member may serve an unlimited number of terms. Each member must serve without compensation. (c) A member of a community board may not be employed by the department of human services or the division of youth services. (d) Each community board shall elect a chair and a vice-chair from among its members. Colorado Revised Statutes 2019 Page 110 of 445 Uncertified Printout (e) Each community board shall meet at least once every three months. The chair of each community board may call such additional meetings as are necessary for the community board to accomplish its duties. (3) (a) Leadership and staff members of the department of human services and the division of youth services, as well as representatives of an organization in Colorado that exists for the purpose of dealing with the state as an employer concerning issues of mutual concern between employees and the state, are invited to attend community board meetings to provide their perspectives. (b) A management-level employee of each facility in each region shall attend each meeting of their regional community board. At least once every three months, a representative of the division of youth services shall update the community board regarding new policies, practices, and programs affecting the region and any issues of concern in the region during the past quarter. (4) The division shall allow board members to have periodic access to enter facilities in their regions on at least a quarterly basis and speak with youths and staff, unless an emergency prevents such access. Source: L. 2017: Entire section added, (HB 17-1329), ch. 381, p. 1961, § 2, effective June 6. 19-2-204. Juvenile probation departments or divisions - service agreements. (1) The juvenile court is authorized to establish juvenile probation departments or divisions. (2) Subject to the provisions of section 13-3-105, C.R.S., the juvenile court is authorized to appoint juvenile probation officers and such other professional and clerical personnel as may be required. Juvenile probation officers shall have the powers and duties specified in section 192-926 and shall have the powers of peace officers, as described in sections 16-2.5-101 and 162.5-138, C.R.S. (3) Upon the agreement of the juvenile court judges, the approval of the chief judge in each district or, for the second judicial district, the presiding judge of the Denver juvenile court, and the approval of the chief justice of the supreme court, two or more contiguous judicial districts may combine to form an interdistrict juvenile probation department. (4) (a) The juvenile court judges are authorized to enter into agreements with the state department of human services, county departments of human or social services, other public agencies, private agencies, or with other juvenile courts to provide supervision or other services for juveniles placed on probation by the court. (b) The conditions and terms of any such agreement shall be set forth in writing, including any payments to be made by the court for the services provided. (c) Any agreement made under this subsection (4) may be terminated upon ninety days' written notice by either party thereto. Source: L. 96: Entire article amended with relocations, p. 1603, § 1, effective January 1, 1997. L. 2003: (4)(a) amended, p.1901, § 3, effective July 1; (2) amended, p.1627, § 56, effective August 6. L. 2018: (4)(a) amended, (SB 18-092), ch. 38, p. 412, § 40, effective August 8. Colorado Revised Statutes 2019 Page 111 of 445 Uncertified Printout Editor's note: (1) This section was formerly numbered as 19-2-1001. Prior to relocation in 1996, the said section 19-2-1001 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-5-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-204 was relocated to section 19-2-508 when this article was amended with relocations in 1996. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-205. Facility directors - duties. (1) The director of the division of youth services shall appoint a director of each state-operated facility established by section 19-2-403 and sections 19-2-406 to 19-2-408 pursuant to section 13 of article XII of the state constitution. (2) It is the duty of the director of each facility established by section 19-2-403 and sections 19-2-406 to 19-2-408: (a) To report to the executive director of the department of human services at such times and on such matters as the director may require; (b) To receive juveniles committed to the custody of the department of human services and placed in his or her care under the provisions of this article and to keep them for rehabilitation, education, and training until discharged by law or under the rules of the department of human services or released on parole; (c) To make a careful and thorough evaluation of every juvenile placed under his or her care at intervals no greater than six months, such evaluation to ascertain whether the juvenile's program should be modified, whether the juvenile's transfer to another facility should be recommended to the said director, or whether the juvenile's release should be recommended to the juvenile parole board; (d) To take such measures as are necessary to prevent recruitment of new gang members from among the juveniles committed to the custody of the department of human services. Source: L. 96: Entire article amended with relocations, p. 1604, § 1, effective January 1, 1997. L. 2017: (1) amended, (HB 17-1329), ch. 381, p. 1972, § 28, effective June 6. Editor's note: (1) This section was formerly numbered as 19-2-1111 (except (2)(d)(II)). Prior to relocation in 1996, provisions of the said 19-2-1111 were contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-111 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-205 was relocated to section 19-2-509 when this article was amended with relocations in 1996. 19-2-206. Juvenile parole board - creation - membership. (1) There is hereby created a juvenile parole board, referred to in this section and section 19-2-207 as the "board", to consist of nine members appointed by the governor and confirmed by the senate. Any vacancy that occurs when the general assembly is not in session may be filled by the governor, and such Colorado Revised Statutes 2019 Page 112 of 445 Uncertified Printout member shall serve temporarily until confirmed at the next regular session of the general assembly. (2) All nine members shall be voting members, and, of the nine members: (a) One member shall be from the department of human services; (b) One member shall be from the department of education; (c) One member shall be from the department of public safety; (d) One member shall be from the department of labor and employment; and (e) (Deleted by amendment, L. 2008, p. 1105, § 10, effective July 1, 2008.) (f) Five members shall be from the public at large and shall not be employees of the state government. At least one of the members from the public at large shall be a resident of the area west of the continental divide. (3) All members shall serve at the pleasure of the governor, and the governor shall designate one member of the board to act as chairperson. (4) The full board shall meet not less than once a month, and the presence of five members, at least two of whom are members described in paragraph (f) of subsection (2) of this section, shall constitute a quorum to transact official business of the full board. (5) All members of the board shall be reimbursed for expenses necessarily incurred in the performance of their duties. In addition to the reimbursement of expenses, the five citizen board members shall receive a per diem of one hundred fifty dollars per full day and seventyfive dollars per half day spent transacting official business of the board. (6) Clerical and other assistance for the board shall be furnished by the department of human services. Such clerical and other assistance shall be supervised by a juvenile parole board administrator appointed by the executive director of the department of human services. Source: L. 96: Entire article amended with relocations, p. 1604, § 1, effective January 1, 1997. L. 2001: Entire section amended, p. 818, § 1, effective July 1. L. 2008: (2)(d), (2)(e), (2)(f), (4), and (5) amended, p. 1105, § 10, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-1201. Prior to relocation in 1996, the said section 19-2-1201 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-9-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-206 was relocated to section 19-2-504 when this article was amended with relocations in 1996. 19-2-207. Juvenile parole board - authority. The board may grant, deny, defer, suspend, revoke, or specify or modify the conditions of any parole for any juvenile committed to the department of human services under section 19-2-601 or 19-2-907 in a manner that is in the best interests of the juvenile and the public. In addition to any other conditions, the board may require, as a condition of parole, any adjudicated juvenile to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5), C.R.S.; except that the board shall not require any such juvenile to attend a school from which he or she has been expelled without the prior approval of that school's local board of education. The Colorado Revised Statutes 2019 Page 113 of 445 Uncertified Printout board shall promulgate rules that establish criteria under which its parole decisions are made. The board has the duties and responsibilities specified in part 10 of this article. Source: L. 96: Entire article amended with relocations, p. 1605, § 1, effective January 1, 1997. L. 99: Entire section amended, p. 59, § 1, effective July 1. L. 2012: Entire section amended, (HB 12-1345), ch. 188, p. 748, § 38, effective May 19. L. 2014: Entire section amended, (SB 14-058), ch. 102, p. 379, § 6, effective April 7. Editor's note: (1) This section was formerly numbered as 19-2-1202 (1). Prior to relocation in 1996, the said 19-2-1202 (1) was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-9-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-207 was relocated to section 19-2-505 when this article was amended with relocations in 1996. Cross references: (1) For the legislative declaration stating the purpose of and the provision directing legislative staff agencies to conduct a post-enactment review pursuant to § 22-1201 scheduled in 2016, see sections 21 and 46 of chapter 188, Session Laws of Colorado 2012. However, sections 21 and 46 of chapter 188 were repealed by sections 7 and 8 of chapter 323 (HB 15-1273), Session Laws of Colorado 2015. (2) For the legislative declaration in the 2012 act amending this section, see section 21 of chapter 188, Session Laws of Colorado 2012. However, section 21 of chapter 188 was repealed by section 7 of chapter 323 (HB 15-1273), Session Laws of Colorado 2015. 19-2-208. Administrative law judges. An administrative law judge shall assist any hearing panel of the juvenile parole board that is considering the suspension, modification, or revocation of the parole of a juvenile. Source: L. 96: Entire article amended with relocations, p. 1605, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-1203 (1). Prior to relocation in 1996, the said section 19-2-1203 (1) was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-9-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-208 was relocated to section 19-2-506 when this article was amended with relocations in 1996. 19-2-209. Juvenile parole - organization. (1) Juvenile parole services are administered by the division of youth services in the department of human services, under the direction of the director of the division of youth services, appointed pursuant to section 19-2-203. (2) The director of the division shall appoint juvenile parole officers and other personnel of the division of youth services pursuant to section 13 of article XII of the state constitution and Colorado Revised Statutes 2019 Page 114 of 445 Uncertified Printout with the consent of the department of human services. Juvenile parole officers have the powers and duties specified in part 10 of this article 2 and the powers of peace officers, as described in sections 16-2.5-101 and 16-2.5-138. (3) The division of youth services may divide juvenile parole supervision into regions throughout the state. Within each region there may be more than one office location for parole officers. (4) and (5) (Deleted by amendment, L. 2008, p. 1097, § 1, effective July 1, 2008.) Source: L. 96: Entire article amended with relocations, p. 1605, § 1, effective January 1, 1997. L. 2003: (2) amended, p.1627, § 57, effective August 6. L. 2008: Entire section amended, p. 1097, § 1, effective July 1. L. 2017: (1), (2), and (3) amended, (HB 17-1329), ch. 381, p. 1972, § 29, effective June 6. Editor's note: (1) This section was formerly numbered as 19-2-1204. Prior to relocation in 1996, the said section 19-2-1204 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-9-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-209 was relocated to section 19-2-803 when this article was amended with relocations in 1996. 19-2-210. Juvenile community review board. (1) A board of county commissioners or the city council of the city and county of Denver or more than one board of county commissioners may adopt a written resolution requiring approval by a juvenile community review board of residential community placements within its county of juveniles under commitment to the department of human services. Upon the effective date of such resolution and notice to the department of human services, no juvenile committed to the custody of the department of human services shall be placed into a residential community placement in that county or region unless and until such placement is approved by the juvenile community review board. (1.5) A juvenile community review board may be consolidated with other local advisory boards pursuant to section 24-1.7-103, C.R.S. (2) Notification of any placement of a juvenile under the jurisdiction of the juvenile parole board shall be made to the juvenile community review board prior to or at the time of placement. (3) (a) Prior to placement of a juvenile in a residential community placement, the juvenile community review board shall review the case file of the juvenile. It is the responsibility of the department of human services to provide accurate information regarding the juvenile and the proposed placement to the juvenile community review board. Such information shall include, but not be limited to, a history of delinquent adjudications, a social history, an educational history, a mental health treatment history, a drug and alcohol treatment history, and a summary of institutional progress. Each juvenile referred to the board shall be reviewed within fifteen days from the date the referral is received. (b) The board shall review the case file of the juvenile and make a decision regarding residential community placement, taking into consideration the results of a validated risk and needs assessment adopted pursuant to section 24-33.5-2402 (1) by the department of human Colorado Revised Statutes 2019 Page 115 of 445 Uncertified Printout services, the criteria established by the juvenile community review board based on the interests of the community, and guidance established by the department of human services in consultation with the juvenile justice reform committee established pursuant to section 24-33.5-2401. The criteria must be based upon researched factors that have been demonstrated to be correlative to risk to the community. (c) All names, addresses, and information regarding a juvenile reviewed by the juvenile community review board shall be confidential and not disclosed except to such board or its designees, the Colorado bureau of investigation, and any law enforcement agency, without express written permission of the juvenile and the legal custodian. (4) Repealed. Source: L. 96: Entire article amended with relocations, p. 1606, § 1, effective January 1, 1997. L. 97: (1.5) added, p. 1191, § 13, effective July 1. L. 98: (4) repealed, p. 730, § 19, effective May 18. L. 2019: (3)(b) amended, (SB 19-108), ch. 294, p. 2695, § 3, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-1303, 19-2-1304, and 19-2-1305. Prior to relocation in 1996, the said sections 19-2-1303, 19-2-1304, and 19-2-1305 were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-8.5-103, 19-8.5-104, and 19-8.5-105 as said sections existed in 1987 prior to said sections being superseded by the repeal and reenactment of this title. (2) The former section 19-2-210 was relocated to section 19-2-511 when this article was amended with relocations in 1996. 19-2-211. Local juvenile services planning committee - creation - duties identification and notification of dually identified crossover youth. (1) If all of the boards of commissioners of each county or the city council of each city and county in a judicial district agree, there may be created in the judicial district a local juvenile services planning committee that is appointed by the chief judge of the judicial district or, for the second judicial district, the presiding judge of the Denver juvenile court from persons recommended by the boards of commissioners of each county or the city council of each city and county within the judicial district. The committee, if practicable, must include, but need not be limited to, a representative from the county department of human or social services, a local school district, a local law enforcement agency, a local probation department, the division of youth services, private citizens, the district attorney's office, and the public defender's office and a community mental health representative and a representative of the concerns of municipalities. The committee, if created, shall meet as necessary to develop a plan for the allocation of resources for local juvenile services within the judicial district for the fiscal year. The committee is strongly encouraged to consider programs with restorative justice components when developing the plan. The plan must be approved by the state department of human services. A local juvenile services planning committee may be consolidated with other local advisory boards pursuant to section 24-1.7-103. (2) The plan must provide for the management of dually identified crossover youth. The plan must contain descriptions and processes to include the following: Colorado Revised Statutes 2019 Page 116 of 445 Uncertified Printout (a) A process for the identification of dually identified crossover youth at the earliest reasonable point of contact; (b) A method for collaborating and exchanging information with other judicial districts, including with the collaborative management program described in section 24-1.9-102 and consistent with the data-sharing policies of the collaborative management program; (c) A process for promptly communicating information about the youth's crossover status between the child welfare and juvenile justice systems and to notify each other of the new involvement in the respective system or information that may aid in the identification of dually identified crossover youth. The following parties should be notified of a juvenile's status as a dually identified crossover youth if applicable: Public defenders, district attorneys, local juvenile services planning committee coordinators, human or social services representatives, probation representatives, juvenile court representatives, parents, and guardians ad litem. (d) A process for identifying the appropriate services or placement-based assessment for a dually identified crossover youth; (e) A process for sharing and gathering information in accordance with applicable laws, rules, and county policy; (f) A process for the development of a single case management plan and identification of the lead agency for case management purposes and the engagement of dually identified crossover youth and their caregivers; (g) A process that facilitates the sharing of assessments and case planning information and includes policies around sharing information with other judicial districts; (h) A process for a multidisciplinary group of professionals to consider decisions that include: Youth and community safety, placement, provision of needed services, alternatives to detention and commitment, probation, parole, permanency, education stability, and case closure; and (i) A requirement that dually identified crossover youth placed in a secure detention facility who are deemed eligible for release by the court be placed in the least restrictive setting whenever possible to reduce the disparity between dually identified crossover youth and nondually identified crossover youth in secure detention. Source: L. 96: Entire article amended with relocations, p. 1607, § 1, effective January 1, 1997. L. 97: Entire section amended, p. 1191, § 14, effective July 1. L. 2007: Entire section amended, p. 276, § 1, effective March 29. L. 2017: Entire section amended, (HB 17-1329), ch. 381, p. 1973, § 30, effective June 6. L. 2018: Entire section amended, (SB 18-154), ch. 161, p. 1124, § 2, effective April 25; entire section amended, (SB 18-092), ch. 38, p. 413, § 41, effective August 8. Editor's note: (1) This section was formerly numbered as 19-2-1602.7. (2) Amendments to this section by SB 18-092 and SB 18-154 were harmonized. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-211.5. Legislative declaration. The general assembly declares that the placement of children in a detention facility exacts a negative impact on the mental and physical well-being Colorado Revised Statutes 2019 Page 117 of 445 Uncertified Printout of the child, and such detention may make it more likely that the child will reoffend. Children who are detained are more likely to penetrate deeper into the juvenile justice system than similar children who are not detained, and community-based alternatives to detention should be based on the principle of using the least-restrictive setting possible and returning a child to his or her home, family, or other responsible adult whenever possible consistent with public safety. It is the intent of the general assembly in adopting section 19-2-507.5 and amending sections 19-2-212, 19-2-507, and 19-2-508 to limit the use of detention to only those children who pose a substantial risk of serious harm to others or that are a flight risk from prosecution. Source: L. 2019: Entire section added, (SB 19-108), ch. 294, p. 2696, § 4, effective July 1. 19-2-212. Working group for criteria for placement of juvenile offenders establishment of formula - review of criteria - report. (1) (a) The executive director of the department of human services and the state court administrator of the judicial department, or any designees of such persons, shall form a working group that must include representatives from: (I) The division of criminal justice of the department of public safety; (II) The office of state planning and budgeting; (III) The Colorado district attorneys council; (IV) Law enforcement; (V) The public defender's office and the office of alternate defense counsel; (VI) The office of the child representative; (VII) Juvenile probation; (VIII) Juvenile court judges and magistrates; and (IX) Local and county governments, including county departments of human or social services. (b) The working group shall carry out the following duties: (I) To establish a set of criteria for both detention and commitment for the purposes of determining which juvenile offenders are appropriate for placement in the physical or legal custody of the department of human services. Such criteria must conform with section 19-2-508. This set of criteria, when adopted by the department of human services and the judicial department, must promote a more uniform system of determining which juveniles should be placed in the physical custody of the department of human services or in the legal custody of the department of human services so that decisions for such placement of a juvenile are made based upon a uniform set of criteria throughout the state. In addition, the criteria shall specifically take into account the educational needs of the juvenile and ensure the juvenile's access to appropriate educational services. The working group established pursuant to this subsection (1) shall hold a meeting at least once each year and as necessary to review and propose revision to the criteria established pursuant to this subsection (1) and the formula created pursuant to subsection (1)(b)(V) of this section. (II) Before January 1, 2021, to develop or adopt by a majority vote of the working group a research-based detention screening instrument to be used statewide to inform placement of juveniles in a detention facility. In developing or adopting the detention screening instrument, the working group shall consult with expert organizations and review research and best practices from other jurisdictions. The working group is also responsible for: Colorado Revised Statutes 2019 Page 118 of 445 Uncertified Printout (A) Ensuring that the instrument identifies and mitigates any disparate impacts based on disability, race or ethnicity, gender, sexual orientation, national origin, economic status, or child welfare involvement; (B) Identifying measures and scoring for the detention screening instrument to determine eligibility for placement in a juvenile detention facility; (C) Identifying how the instrument is validated and piloted; and (D) Establishing statewide scoring override policies that minimize subjective decisions to hold a juvenile in a detention facility, while allowing for local flexibility. (III) Before January 1, 2021, to develop a plan to provide training and technical assistance to screening teams on the implementation of the detention screening instrument, including at least annual refresher training; (IV) Before January 1, 2021, to develop a plan for the division of youth services to collect, compile, and report to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees, annually on the use of secure detention; number and justification of overrides of the detention screening instrument as conducted pursuant to section 19-2-507; and, if possible, an analysis of detention screening instrument data to determine if any disparate impacts resulted based on race, ethnicity, gender, sexual orientation, national origin, economic status, or child welfare involvement. The division of youth services shall recommend any necessary changes to appropriations that need to be made prior to fully implementing this section's recommendations. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), this reporting requirement continues indefinitely. (V) To establish a formula for the purpose of allocating funds by each judicial district in the state of Colorado for alternative services to placing juveniles in the physical custody of the department of human services or in the legal custody of the department of human services. Such allocation must take into consideration such factors as the population of the judicial district, the incidence of offenses committed by juveniles in such judicial district, and other factors as deemed appropriate. The working group shall consider and take into account whether any federal money or matching funds are available to cover the costs of juveniles within the system, including parent fees and third-party reimbursement as authorized by law or reimbursements under Title IV-E of the federal "Social Security Act", as amended. (VI) Before January 1, 2021, to establish criteria for juveniles served through alternative services funded pursuant to subsection (1)(b)(V) of this section. Such criteria must prioritize: (A) Preadjudicated juveniles eligible for placement in a detention facility as determined by results from a detention screening instrument; (B) Juveniles who are in secure detention; and (C) Juveniles under the supervision of probation when the results of a detention screening instrument indicate that the juvenile is eligible for detention. (VII) At least every two years, to review data collected by the division of youth services on the use of funding pursuant to subsection (1)(b)(V) of this section and its impact on the use of juvenile detention. The working group shall identify the measures that it will collect as part of its review of the impact of preadjudicated funding on detention pursuant to this section. (VIII) Before January 1, 2021, to adopt a relative information form concerning a juvenile's potential need for services or placement. The information form must be available at Colorado Revised Statutes 2019 Page 119 of 445 Uncertified Printout each judicial district to each parent or legal guardian of a juvenile screened for detention and participation in alternative services. The information form must: (A) Advise the parent or legal guardian that he or she is required to provide the requested information fully and completely; and (B) Require the parent or legal guardian to list the names, addresses, e-mail addresses, and telephone numbers of every grandparent, relative, kin, and person with a significant relationship with the juvenile and any comments concerning the appropriateness of the juvenile's potential need for services from or placement with those persons. (IX) Before January 1, 2021, to develop a system of graduated responses and rewards to guide parole officers in determining how best to motivate positive juvenile behavior change and the appropriate response to a violation of terms and conditions of juvenile parole. Graduated responses means an accountability-based series of sanctions and services designed to respond to a juvenile's violation of parole quickly, consistently, and proportionally and incentives to motivate positive behavior change and successful completion of parole and his or her reentry and treatment goals. (2) Of the members of the working group established pursuant to subsection (1) of this section, the executive director of the department of human services and the state court administrator of the judicial department, or any designees of such persons, have final authority to carry out the duty of creating the set of criteria pursuant to subsections (1)(b)(I) to (1)(b)(IV) of this section and creating the formula pursuant to subsections (1)(b)(V) to (1)(b)(VII) of this section. This authority can only be exercised after working with and participating in the working group process established in this section. Source: L. 96: Entire article amended with relocations, p. 1607, § 1, effective January 1, 1997. L. 98: (1)(a) amended, p. 730, § 20, effective May 18. L. 2010: (1)(a) amended, (SB 10054), ch. 265, p. 1214, § 6, effective May 25. L. 2019: Entire section amended, (SB 19-108), ch. 294, p. 2696, § 5, effective July 1. Editor's note: This section was formerly numbered as 19-2-1602 and 19-2-1605. 19-2-213. Restorative justice coordinating council - establishment - membership repeal. (Repealed) Source: L. 2007: Entire section added, p. 277, § 2, effective March 29. L. 2013: (1) and (2)(g) amended and (2)(i), (2)(j), (2)(k), (2)(l), and (2)(m) added, (HB 13-1254), ch. 341, p. 1983, § 4, effective August 7. L. 2014: (1)(d)(II) amended, (HB 14-1363), ch. 302, p. 1264, § 14, effective May 31. L. 2015: (1)(b) and (2)(l) amended and (2)(n), (2)(o), (2)(p), and (4.5) added, (HB 15-1094), ch. 44, p. 109, § 2, effective August 5. L. 2017: Entire section repealed, (SB 17-220), ch. 173, p. 631, § 3, effective April 28; (2)(b) amended, (HB 17-1329), ch. 381, p. 1973, § 31, effective June 6. Editor's note: This section and changes thereto were relocated to section 13-3-116 in 2017. Colorado Revised Statutes 2019 Page 120 of 445 Uncertified Printout 19-2-214. Detention center sexual assault prevention program. (1) The division of youth services created in section 19-2-203 shall develop, with respect to sexual assaults that occur in juvenile facilities, policies and procedures to: (a) Require disciplinary action for employees who fail to report incidences of sexual assault to the inspector general; (b) Require the inspector general, after completing an investigation for sexual assault, to submit the findings to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred; (c) Prohibit retaliation and disincentives for reporting sexual assaults; (d) Provide, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure victim safety by separating the victim from the assailant, if known; (e) Ensure the confidentiality of prison rape complaints and protection of juveniles who make complaints of prison rape; (f) Provide acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections; (g) Provide, at intake and periodically thereafter, division-approved, easy-to-understand information developed by the division on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling; (h) Provide sexual-assault-specific training to division mental health professionals and all employees who have direct contact with juveniles regarding treatment and methods of prevention and investigation; (i) Provide confidential mental health counseling to victims of sexual assault; (j) Monitor victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; and (k) Require termination of an employee who engages in a sexual assault on or sexual conduct with a juvenile consistent with constitutional due process protections and state personnel system laws and rules. (2) Investigation of a sexual assault shall be conducted by investigators trained in the investigation of sex crimes. The investigation shall include, but need not be limited to, use of forensic rape kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence. (3) The division shall annually report the data that it is required to compile and report to the federal bureau of justice statistics as required by the federal "Prison Rape Elimination Act of 2003", Pub.L. 108-79, as amended, to the judiciary committees of the house of representatives and the senate, or any successor committees. Source: L. 2007: Entire section added, p. 1546, § 2, effective May 31. L. 2008: (1)(e), (1)(h), and (3) amended, p. 1892, § 63, effective August 5. L. 2016: (1)(f) amended, (SB 16146), ch. 230, p. 918, § 12, effective July 1. L. 2017: IP(1) amended, (HB 17-1329), ch. 381, p. 1973, § 32, effective June 6. PART 3 Colorado Revised Statutes 2019 Page 121 of 445 Uncertified Printout JUVENILE ADMINISTRATIVE PROGRAMS - SERVICES 19-2-301. Short title. This part 3 shall be known and may be cited as "Juvenile Administrative Programs and Services". Source: L. 96: Entire article amended with relocations, p. 1608, § 1, effective January 1, 1997. Editor's note: The former section 19-2-301 was relocated to section 19-2-510. 19-2-302. Preadjudication service program - creation - community advisory board established - duties of board. (1) (a) The chief judge of any judicial district may issue an order that any juvenile who applies for preadjudication release be evaluated for placement by a preadjudication service program established pursuant to this section. In evaluating the juvenile, the service agency shall follow criteria for the placement of a juvenile established pursuant to section 19-2-212. Upon evaluation, the service agency shall make a recommendation to the court concerning placement of the juvenile with a preadjudication service program. (b) Parents or legal guardians of a juvenile evaluated by a preadjudication service program shall complete the information form described in section 19-2-212 (1)(b)(VIII) no later than two business days after the evaluation or prior to the juvenile's first detention hearing, whichever occurs first. If available, the screening team or preadjudication service program shall file the original completed information form with the court. If the information form has not been completed at the time of the detention hearing, the court shall direct the parent or legal guardian to immediately complete the form and file it with the court. The screening team, preadjudication service program, or the court shall deliver a copy of the information report to the division of youth services; the guardian ad litem, if any; and the county department of human or social services no later than five business days after the date of the detention hearing. (2) Any county or city and county or judicial district in the state may establish a preadjudication service program for use by the district court for the county or city and county or judicial district. Such program shall be established in accordance with a local justice plan developed pursuant to section 19-2-211. (3) The local justice plan must provide for the assessment of juveniles taken into custody and detained by law enforcement officers, which assessment must be based on criteria for the placement of juveniles established pursuant to section 19-2-212, so that relevant information may be presented to the judge presiding over the detention hearing. The information provided to the court through the screening process, which information must include the record of any prior adjudication of the juvenile, is intended to enhance the court's ability to make a more appropriate detention and bond decision, based on facts relative to the juvenile's substantial risk of serious harm to others. (4) The plan may include different methods and levels of community-based supervision as conditions for preadjudication release, including the possibility of release without formal supervision. The plan may provide for the use of the same supervision methods that have been established for adult defendants as a pretrial release method to reduce pretrial incarceration or that have been established as sentencing alternatives for juvenile or adult offenders placed on probation or parole. The use of such supervision methods is intended to reduce preadjudication Colorado Revised Statutes 2019 Page 122 of 445 Uncertified Printout detentions without sacrificing the protection of the community from juveniles who may be risks to the public. The plan may allow for the release of the juvenile to his or her home with no formal supervision or provide for the use of any of the following supervision methods as conditions of preadjudication release: (a) Periodic telephone communications with the juvenile; (b) Periodic office visits by the juvenile to the preadjudication service agency; (c) Periodic home visits to the juvenile's home; (d) If a validated mental health or substance use screening and subsequent mental health or substance use assessment indicates that the juvenile has a need: (I) Periodic drug testing of the juvenile; or (II) Mental health or substance use treatment for the juvenile, which treatment may include residential treatment; (e) Periodic visits to the juvenile's school; (f) Domestic violence or child abuse counseling for the juvenile, if applicable; (g) Electronic or global position monitoring of the juvenile; (h) Work release for the juvenile, if school attendance is not applicable or appropriate under the circumstances; or (i) Juvenile day reporting and day treatment programs. Source: L. 96: Entire article amended with relocations, p. 1609, § 1, effective January 1, 1997. L. 2006: (4)(h) amended, p. 19, § 4, effective March 8. L. 2019: (1), (3), and (4) amended, (SB 19-108), ch. 294, p. 2699, § 6, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-205.5 and the former section 19-2-302 was relocated to section 19-2-703. (2) The form referenced in subsection (1)(b) is scheduled to be available at each judicial district by January 1, 2021. 19-2-302.5. Petty tickets - summons - contracts - data. (1) (a) If a law enforcement officer contacts a juvenile ten years of age or older for a delinquent act that would be a petty offense if committed by an adult or a municipal ordinance violation, the officer may issue the juvenile a petty ticket that requires the juvenile to go through an assessment process or procedure as designated by the municipal, county, or district court, including assessment by a law enforcement officer, assessment officer, or a screening team, referred to in this section as the "screening entity". When a petty ticket is issued, an assessment officer or screening team officer shall offer a petty offense contract to the juvenile and the juvenile's parent or legal guardian if: (I) The juvenile has no prior adjudication or non-traffic conviction in a municipal, county, juvenile, or district court; (II) The alleged offense would be a class 1, class 2, or unclassified petty offense; (III) The juvenile admits to the offense; and (IV) The petty offense contract is in the best interests of the juvenile. (b) If the juvenile is otherwise eligible for a petty offense contract pursuant to the provisions of this subsection (1), but the screening entity finds that the issuance of a petty offense contract is not in the best interests of the juvenile, the screening entity shall state the reasons in writing. The screening entity shall provide a copy of the written statement to the Colorado Revised Statutes 2019 Page 123 of 445 Uncertified Printout juvenile and shall maintain a copy of the written statement. If there is no agreement resulting in a signed contract pursuant to this section, the prosecuting attorney may file a petition of delinquency. (2) Every contract entered into pursuant to this section must be in writing and contain the following: (a) Consent to the contract terms by the juvenile and the juvenile's parent or legal guardian; (b) An agreement to pay restitution, when applicable; (c) An agreement to perform useful community service, when applicable; (d) An agreement to attend school unless the juvenile is in a certified home study program or is otherwise legally excused from such attendance; (e) A requirement of restorative justice practices, when appropriate; (f) A requirement that the juvenile not commit a delinquent act during the term of the contract; and (g) Any other conditions determined appropriate by the screening entity. (3) The term of the contract may not exceed ninety days; except that the contract may be extended for an additional thirty days for good cause. (4) Upon the successful completion of the contract to the satisfaction of the screening entity, the juvenile is released from any further obligation, and the prosecuting attorney shall not file a petition in delinquency for the admitted act. The completed contract remains confidential except to the ticketing agency, the screening and supervisory entity, the juvenile, and the juvenile's parent or legal guardian. (5) (a) If a juvenile fails to comply with a written condition of the contract within a specific time designated in the contract, the prosecuting attorney may file charges with the court. The contract and any statements contained in the contract or made by the juvenile to the screening entity administering the contract shall not be used against the juvenile. (b) If there is no agreement resulting in a signed contract, any statement made by the juvenile to the screening entity administering the assessment shall not be used against the juvenile. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (5), statements or admissions of a juvenile contained in the contract or made by the juvenile to the screening entity are admissible into evidence, if the juvenile makes any deliberate misrepresentations affecting the applicability or requirements of this section. (6) (a) Each law enforcement agency that issues petty offense tickets pursuant to the provisions of this section shall maintain annual data on the number of tickets issued and the age, ethnicity, gender, and final disposition for each ticket. (b) The data collected pursuant to paragraph (a) of this subsection (6) is public and must be made available upon request. Source: L. 2015: Entire section added, (HB 15-1022), ch. 33, p. 79, § 1, effective September 1. 19-2-303. Juvenile diversion program - authorized - report - legislative declaration definitions. (1) (a) In order to more fully implement the stated objectives of this title 19, the general assembly declares its intent to establish a juvenile diversion program that, when possible, Colorado Revised Statutes 2019 Page 124 of 445 Uncertified Printout integrates restorative justice practices to provide community-based alternatives to the formal court system that will reduce juvenile crime and recidivism and improve positive juvenile outcomes, change juvenile offenders' behavior and attitudes, promote juvenile offenders' accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by juvenile crime, and reduce the costs within the juvenile justice system. (b) Research has shown that court involvement for juveniles not identified as a risk of harm to others is harmful, and most low-risk juveniles grow out of their behavior and stop reoffending without system intervention. (c) The goals of the diversion programs are to: (I) Prevent further involvement of the juvenile in the formal legal system; (II) Provide eligible juveniles with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the juvenile's risk of reoffending; (III) Serve the best interest of the juvenile while emphasizing acceptance of responsibility and repairing any harm caused to victims and communities; (IV) Reduce recidivism and improve positive outcomes for juveniles through the provision of services, if warranted, that address their specific needs and are proven effective; and (V) Ensure appropriate services are available for all eligible juveniles. (2) The division of criminal justice of the department of public safety is authorized to establish and administer a juvenile diversion program that seeks to divert youth from the juvenile justice system, and, when possible, integrates restorative justice practices. In order to effectuate the program, the division shall allocate money to each judicial district and may contract with district attorneys' offices, governmental units, and nongovernmental agencies for reasonable and necessary expenses and services to serve each judicial district to divert juveniles and provide services, if warranted, for eligible juveniles through community-based programs providing an alternative to a petition filed pursuant to section 19-2-512 or an adjudicatory hearing pursuant to section 19-3-505. (3) For purposes of this section: (a) "Director" is defined in section 19-1-103 (42). (b) "Diversion" is defined in section 19-1-103 (44). (c) "Governmental unit" is defined in section 19-1-103 (55). (d) "Nongovernmental agency" is defined in section 19-1-103 (79). (e) "Services" is defined in section 19-1-103 (96). (4) District attorneys' offices or their designees shall: (a) On and after January 1, 2021, conduct a risk screening using a risk screening tool selected pursuant to section 24-33.5-2402 (1)(c) for all juveniles referred to the district attorney pursuant to section 19-2-510 unless a determination has already been made to divert the juvenile, the district attorney declines to file charges, dismisses the case, or charges the juvenile with a class 1 or class 2 felony. The district attorney's office shall conduct the risk screening or contract with an alternative agency that has been formally designated by the district attorney's office to conduct the screening, in which case the results of the screening must be made available to the district attorney's office. The entity conducting the screening shall make the results of the risk screening available to the youth and family. All individuals using the risk screening tool must receive training on the appropriate use of the tool. The risk screening tool is to be used to inform about decisions about diversion. The risk screening tool and any information obtained from a Colorado Revised Statutes 2019 Page 125 of 445 Uncertified Printout juvenile in the course of any screening, including any admission, confession, or incriminating evidence, obtained from a juvenile in the course of any screening or assessment in conjunction with proceedings under this section or made in order to participate in a diversion or restorative justice program is not admissible into evidence in any adjudicatory hearing in which the juvenile is accused and is not subject to subpoena or any other court process for use in any other proceeding or for any other purpose. (b) Use the results of the risk screening to inform: (I) Eligibility for participation in a juvenile diversion program; (II) The level and intensity of supervision for juvenile diversion; (III) The length of supervision for juvenile diversion; and (IV) What services, if any, may be offered to the juvenile. Professionals involved with the juvenile's needs, treatment, and service planning, including district attorneys, public defenders, probation, and state and local governmental entities, such as the departments of human or social services, may collaborate to provide appropriate diversion services in jurisdictions where they are not currently available. (c) Not deny diversion to a juvenile based on the juvenile's: (I) Ability to pay; (II) Previous or current involvement with the departments of human or social services; (III) Age, race or ethnicity, gender, or sexual orientation; or (IV) Legal representation; (d) Align the juvenile diversion program's policies and practices with evidence-based practices and with the definition of "diversion" pursuant to section 19-1-103 (44); and (e) Collect and submit data to the division of criminal justice pursuant to subsection (5) of this section. (5) The division of criminal justice, in collaboration with district attorneys or diversion program directors who accept formula money and programs providing juvenile diversion services, shall establish minimum data collection requirements and outcome measures that each district attorney's office, governmental unit, and nongovernmental agency shall collect and submit annually for all juveniles referred to the district attorney pursuant to section 19-2-510 including, but not limited to: (a) Demographic data on age, race or ethnicity, and gender; (b) Risk screening conducted; (c) Risk level as determined by the risk screening or, if no screening was completed, the reason why the screening was not completed; (d) Offense; (e) Diversion status; (f) Service participation; (g) Program completion data; (h) Child welfare involvement; and (i) Identifying data necessary to track the long-term outcomes of diverted juveniles. (6) (a) Each program providing services under this section shall develop objectives and report progress toward such objectives as required by rules promulgated by the director. (b) The director shall regularly monitor these diversion programs to ensure that progress is being made to accomplish the objectives of this section. The division of criminal justice shall offer technical assistance to district attorneys' offices, governmental units, nongovernmental Colorado Revised Statutes 2019 Page 126 of 445 Uncertified Printout agencies, and diversion programs to support the uniform collection and reporting of data and to support program development and adherence to program requirements. The division of criminal justice shall provide annual program-level reports to district attorneys' offices and submit a consolidated statewide report annually to the governor and to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), these reports continue indefinitely. (7) A formula must be established for the purpose of allocating money to each judicial district in the state of Colorado for juvenile diversion programs. The executive director of the department of public safety is authorized to accept and expend on behalf of the state any funds, grants, gifts, or donations from any private or public source for the purpose of providing restorative justice programs; except that no gift, grant, or donation shall be accepted if the conditions attached to it require the expenditure thereof in a manner contrary to law. (8) (a) The director may implement a behavioral or mental health screening program to screen juveniles who participate in the juvenile diversion program. If the director chooses to implement a behavioral or mental health screening program, the director shall use the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b) and conduct the screening in accordance with procedures established pursuant to that section. (b) Prior to implementation of a behavioral or mental health screening program pursuant to this subsection (8), if implementation of the program would require an increase in appropriations, the director shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health screening program. If implementation of the behavioral or mental health screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request. Source: L. 96: Entire article amended with relocations, p. 1610, § 1, effective January 1, 1997. L. 99: (7) added, p. 69, § 2, effective August 4. L. 2002: (8) added, p. 575, § 6, effective May 24. L. 2008: (1), (2), and (5) amended, p. 226, § 2, effective March 31. L. 2017: (8) amended, (SB 17-242), ch. 263, p. 1310, § 152, effective May 25. L. 2019: Entire section amended, (SB 19-108), ch. 294, p. 2701, § 7, effective July 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, were contained in several sections in 1986, the year prior to the repeal and reenactment of this title. For a detailed comparison see the "Children's Code (1987)" table located in the back of the index. Cross references: (1) For provisions relating to volunteerism in connection with this program, see article 31 of title 17. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-2-303.5. Juvenile diversion cash fund - creation. (1) Fifty percent of the moneys collected pursuant to section 18-4-509 (2)(a), C.R.S., shall be transmitted to the state treasurer, Colorado Revised Statutes 2019 Page 127 of 445 Uncertified Printout who shall credit the same to the juvenile diversion cash fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the juvenile diversion program pursuant to section 19-2-303. (2) The division of criminal justice of the department of public safety is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of implementing the juvenile diversion program pursuant to section 19-2-303. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund. (3) Any moneys in the fund not expended for the purpose of the juvenile diversion program may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. (4) Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. Source: L. 2003: Entire section added, p. 1905, § 7, effective July 1. 19-2-304. Parental responsibility training programs - criteria. (1) The state department of human services, after consultation with the state department of public safety and the judicial department, shall establish standards and guidelines for parental responsibility training programs for the parent, guardian, or legal custodian of a juvenile or juvenile delinquent that shall include, but shall not be limited to, instruction in the following: (a) Physical, mental, social, and emotional child growth and development; (b) Skill development for parents in providing for the child's learning and development, including teaching the child responsibility for his or her actions; (c) Prevention of drug abuse; (d) Family structure, function, and management; and (e) The physical, mental, emotional, social, economic, and psychological aspects of interpersonal and family relationships. (2) The state department of human services is authorized and directed to establish such standards and guidelines within the available resources of the state government and each of the state departments described in subsection (1) of this section. Source: L. 96: Entire article amended with relocations, p. 1611, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1401 and the former section 19-2-304 was relocated to section 19-2-512. 19-2-305. Intensive family preservation program - adjudicated juveniles - legislative declaration - financing for program - cash fund created - report - repeal. (Repealed) Source: L. 96: Entire article amended with relocations, p. 1611, § 1, effective January 1, 1997. Colorado Revised Statutes 2019 Page 128 of 445 Uncertified Printout Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 1998. (See L. 96, p. 1611.) 19-2-306. Juvenile intensive supervision program - creation - judicial department. The judicial department may establish and operate, either directly or by contracting with one or more private organizations, a juvenile intensive supervision program, which may be utilized by any judge in sentencing any juvenile who has been placed on probation and who presents a high risk of future placement within juvenile correctional facilities according to assessment criteria developed pursuant to section 19-2-307 (2). Source: L. 96: Entire article amended with relocations, p. 1615, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1501 and the former section 19-2-306 was relocated to section 19-2-514. 19-2-307. Juvenile intensive supervision program - elements. (1) The juvenile intensive supervision program created by section 19-2-306 shall include, but shall not be limited to, utilization of any or all of the following elements: (a) Increased supervision of the juvenile by probation officers; (b) Utilization of specific youth case management approaches; (c) Community service work assignments; (d) Restitution programs; (e) Structured group training regarding problem solving, social skills, negotiation skills, emotion management, creative thinking, value enhancement, and critical reasoning; (f) Use of electronic or global position monitoring and substance abuse testing to monitor compliance with the program by the juvenile and providing sanctions for failure to comply with the program; and (g) Individual and family treatment. (2) The judicial department, with the assistance of a juvenile intensive supervision advisory committee, shall develop assessment criteria for placement in the juvenile intensive supervision program, including the results of a validated risk and needs assessment tool, and judicial department guidelines for implementation of the program and measurement of the outcome of the program. The advisory committee is appointed by the state court administrator and includes, but is not limited to, representatives of the division of youth services in the department of human services and the division of criminal justice of the department of public safety. Source: L. 96: Entire article amended with relocations, p. 1615, § 1, effective January 1, 1997. L. 2006: (1)(f) amended, p. 19, § 5, effective March 8. L. 2017: (2) amended, (HB 171329), ch. 381, p. 1973, § 33, effective June 6. L. 2019: (2) amended, (SB 19-108), ch. 294, p. 2705, § 8, effective July 1. Editor's note: This section was formerly numbered as 19-2-1502 and the former section 19-2-307 was relocated to section 19-2-515. Colorado Revised Statutes 2019 Page 129 of 445 Uncertified Printout 19-2-308. Community service and work programs. (1) As a condition of a deferral of adjudication or of probation, in conjunction with other dispositional orders, or otherwise, the court may order the juvenile to participate in a supervised community service or community work program if the court finds that the program will promote the purposes of this title as set forth in section 19-1-102. (2) Participation by the juvenile or by both the juvenile and the parent or guardian of the juvenile in a community service or work program may be ordered in addition to or in conjunction with an order to pay restitution pursuant to section 19-2-918 or 19-2-919. (3) With the written consent of the victim of the juvenile's delinquent act, the juvenile or both the juvenile and the custodial parent, the juvenile's parent who has parental responsibilities, or the guardian of the juvenile may be ordered to perform work for the victim. (4) Any order issued by the court pursuant to this section shall be structured to allow the juvenile to continue regular school attendance and any employment, if appropriate, and shall be suitable to the age and abilities of the juvenile. The amount of community service or work ordered shall be reasonably related to the seriousness of the juvenile's delinquent act. (5) The court may order any agency or person supervising a juvenile in a community service or work program to advise the court concerning the juvenile's participation in the program in such manner as the court requires. (6) The court may order, as a condition of probation, that the juvenile be placed out of the home in a residential child care facility providing a supervised work program or that the juvenile in such facility report to a supervised work program if the court finds the following: (a) That the juvenile will not be deprived of the education that is appropriate to his or her age, needs, and specific rehabilitative goals; (b) That the supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the age level and physical ability of the juvenile, and is combined with counseling from a probation officer or other guidance personnel; and (c) That the supervised work program assignment is made for a period of time consistent with the juvenile's best interest but not exceeding one hundred eighty days. (7) The probation department of the court shall be responsible for establishing and identifying suitable work programs and assignments. There shall be cooperation of boards of county commissioners, county sheriffs, and political subdivisions in helping to establish work programs. The cooperation of suitable nonprofit organizations and other entities may be sought to establish suitable work programs. (8) For purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S., "public employee" does not include any juvenile who is ordered to participate in a work or community service program under this section. (9) No governmental entity or cooperating nonprofit organization shall be liable under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., or under the "Colorado Employment Security Act", articles 70 to 82 of title 8, C.R.S., for any benefits on account of any juvenile who is ordered to participate in a work or community service program under this section, but nothing in this subsection (9) shall prohibit a governmental entity or cooperating nonprofit organization from electing to accept the provisions of the "Workers' Compensation Act of Colorado" by purchasing and keeping in force a policy of workers' compensation insurance covering such person. Colorado Revised Statutes 2019 Page 130 of 445 Uncertified Printout (10) Any general public liability insurance policy obtained to cover juveniles performing work or community service pursuant to this section and to provide coverage for injuries caused to or by juveniles performing work or community service pursuant to this section shall be in a sum of not less than the current limit on government liability under the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1616, § 1, effective January 1, 1997. L. 98: (3) amended, p. 1408, § 68, effective February 1, 1999. Editor's note: (1) This section was formerly numbered as 19-2-706. Prior to relocation in 1996, the said section 19-2-706 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3117.1 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-308 was relocated to section 19-2-702 when this article was amended with relocations in 1996. Cross references: For community or useful public service for persons convicted of misdemeanors, see § 18-1.3-507; for useful public service for persons convicted of alcohol- or drug-related traffic offenses, see § 42-4-1301; for community or useful public service for class 1 and class 2 misdemeanor traffic offenders, see § 42-4-1701. 19-2-309. Regimented juvenile training program - legislative declaration - repeal. (Repealed) Source: L. 96: Entire article amended with relocations, p. 1617, § 1, effective January 1, 1997. L. 97: (2)(a) and (7) amended and (6.5) added, p. 362, § 1, effective April 19. L. 98: (6) repealed and (6.5) amended, pp. 731, 732, §§ 21, 22, effective May 18. L. 2000: (2)(c), (3)(a), (6.5)(c), and (7) amended, p. 995, § 1, effective May 26. Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2001. (See L. 2000, p. 995.) 19-2-309.5. Community accountability program - legislative declaration - creation. (1) It is the intent of the general assembly that the program established pursuant to this section benefit the state by providing a structured program combining residential and community reintegration components under which certain adjudicated juveniles are subject to an ordered environment affirming the dignity of self and others; promoting the value of education, work, and accountability; adhering to the principals of restorative justice; and developing useful skills that can be applied when the juvenile is reintegrated into the community. (2) (a) The division of youth services, pursuant to a contract with one or more private entities, shall establish, maintain, and operate a community accountability program, referred to in this section as the "program". (b) The program shall provide a sentencing option for adjudicated juveniles who are at least fourteen years of age but younger than eighteen years of age. An adjudicated juvenile may be sentenced to participate in the program only as a condition of probation. A sentence to the Colorado Revised Statutes 2019 Page 131 of 445 Uncertified Printout program may be in addition to, but shall not be in lieu of, a mandatory sentence required by section 19-2-911 (2). The juvenile court shall consider the program as a sentencing option for higher risk juveniles who would have otherwise been sentenced to detention or out-of-home placement or committed to the department of human services. (c) A sentence imposed pursuant to this section is conditioned on the availability of space in the program and the division of youth services' determination of whether the juvenile's participation in the program is appropriate. A juvenile may be denied participation in the program upon a determination by the division that a physical or mental condition, including severe substance abuse, will prevent the juvenile's full participation in the program. Any juvenile denied participation in the program must be returned to the juvenile court for resentencing. (d) The judicial department shall provide information to the division of youth services concerning sentencing of the juvenile, including but not limited to the juvenile's criminal history, the presentence investigation report, the risk-need assessment, and demographics pertaining to the juvenile. (e) The program must be established for up to eighty beds. Under the contract entered into pursuant to subsection (2)(a) of this section, the division of youth services shall pay only for the actual number of juveniles placed in the program. (3) If feasible, the program may be established regionally, one in each of the division of youth services' regions. The division, through a competitive bid process, shall select one or more private entities to operate the program. (4) (a) The program consists of two integrated components. Each selected entity shall provide both components within the contracted region as follows: (I) Component I. Component I shall consist of a sixty-day residential program, which may contain, but need not be limited to, the following program elements: (A) Assessment and treatment planning; (B) Behaviorally based programming with appropriate sanctions and reinforcements; (C) Life and cognitive skill development; (D) Treatment interventions; (E) Educational and vocational training; (F) Competency development; (G) Victim awareness and empathy; (H) Gender-specific programming; and (I) Restorative justice programming. (II) Component II. The division of youth services shall administer component II, which consists of a community reintegration phase. For each juvenile entering component II, the department of youth services and the local probation department shall jointly establish a reintegration plan. Component II may contain, but need not be limited to, the following program elements: (A) Multi-systemic therapy; (B) Functional family therapy; (C) Aggression replacement training; (D) Life skills; (E) Skills development; (F) Behaviorally based programming with appropriate sanctions and reinforcements; (G) Education and vocational training; Colorado Revised Statutes 2019 Page 132 of 445 Uncertified Printout (H) Work experience; (I) Victim empathy; (J) Victim-offender mediation; (K) Gender-specific programming; and (L) Restorative justice programming. (b) The program may be housed in a privately owned and operated facility or in a stateowned and privately operated facility. The departments and any private contractors in each region shall involve local governments in identifying locations for residential facilities. (c) The division shall include a community involvement component in the development of reintegration plans, which may include the creation of community advisory boards. (5) If a juvenile in the first component of the program would substantially benefit, the division of youth services shall notify the local department of probation who may petition the court for an extension of up to fifteen days in addition to the initial sixty-day period for the first component of the program. The period of time a juvenile spends in the second component of the program must not exceed one hundred twenty days. The entire period of a juvenile's participation in the program must not exceed the length of the juvenile's probation sentence. Whenever a juvenile fails to progress through or complete the first or second component of the program, the juvenile is subject to the provisions of section 19-2-925 (8) for violating a condition of probation. (6) The division of youth services and the judicial department shall jointly establish guidelines for the program and for each of the components thereof described in subsection (4) of this section. The division of youth services shall make available necessary support services for the juvenile and the juvenile's family under both components of the program. (7) Repealed. (8) The division of youth services shall conduct an ongoing evaluation of the program. On or before January 15 each year, the division of youth services shall submit a report of the evaluation results to the general assembly. The division may contract for the services and labor necessary to perform the ongoing evaluation. Source: L. 2001: Entire section added, p. 714, § 1, effective May 31. L. 2004: (2)(a) amended, p. 194, § 7, effective August 4. L. 2011: (7) repealed, (SB 11-104), ch. 44, p. 114, § 2, effective August 10. L. 2017: (2)(a), (2)(c), (2)(d), (2)(e), (3), IP(4)(a), IP(4)(a)(II), (5), (6), and (8) amended, (HB 17-1329), ch. 381, p. 1974, § 34, effective June 6. L. 2019: (5) amended, (SB 19-108), ch. 294, p. 2728, § 24, effective July 1. Editor's note: Subsection (7)(c) provided for the repeal of subsection (7), effective July 1, 2011. (See L. 2001, p. 714.) 19-2-310. Appropriations to department of human services for services to juveniles - definition. (1) The general assembly shall appropriate money for the provision of services to juveniles to the department of human services. The department of human services shall allocate such money by each judicial district in the state. Such appropriation and allocation shall be made based upon the formula developed in section 19-2-212 (1)(b). The department of human services shall administer the appropriated money. The money appropriated to the department of human services for allocation by each judicial district must be expended in the judicial district by the Colorado Revised Statutes 2019 Page 133 of 445 Uncertified Printout department of human services for services to juveniles that are intended to prevent the juvenile from being held in detention prior to adjudication, sentenced to detention, or committed to the department of human services or to reduce the length of time the juvenile is held in preadjudication or postadjudication detention or held in a commitment facility operated under section 19-2-403. If a judicial district has a local juvenile services planning committee, the expenditure of money for juvenile services in the judicial district shall be made in accordance with the plan developed pursuant to section 19-2-211. (2) For the purposes of this section, a "juvenile" also includes a youth ten years of age or older but less than seventeen years of age who is habitually truant, as defined in section 22-33102 (3.5), and who the court has ordered to show cause why he or she should not be held in contempt of court pursuant to section 22-33-108 (7), when funds are expended for services that are intended to prevent the youth from being held in detention or sentenced to detention. Source: L. 96: Entire article amended with relocations, p. 1620, § 1, effective January 1, 1997. L. 2017: Entire section amended, (HB 17-1207), ch. 269, p. 1481, § 1, effective May 31. L. 2018: (2) amended, (HB 18-1156), ch. 378, p. 2288, § 8, effective August 8. Editor's note: This section was formerly numbered as 19-2-1603. Cross references: For the legislative declaration in HB 18-1156, see section 1 of chapter 378, Session Laws of Colorado 2018. 19-2-311. Victim-offender conferences - pilot program. The division of youth services is authorized to establish a pilot program, when funds become available, in its facilities to facilitate victim-initiated victim-offender conferences whereby a victim of a crime may request a facilitated conference with the juvenile who committed the crime, if the juvenile is in the custody of the division of youth services. After such a pilot program is established, the division of youth services may establish policies and procedures for the victim-offender conferences using volunteers to facilitate the conferences. The volunteers shall complete the division of youth services' volunteer and facility-specific training programs and complete high-risk victimoffender training and victim advocacy training. The division of youth services shall not compensate or reimburse a volunteer or victim for any expenses. If a pilot program is available, and subsequent to the victim's or the victim representative's request, the division of youth services shall arrange such a conference only after determining that the conference would be safe and only if the juvenile agrees to participate. The purposes of the conference are to enable the victim to meet the juvenile, to obtain answers to questions only the juvenile can answer, to assist the victim in healing from the impact of the crime, and to promote a sense of remorse and acceptance of responsibility by the juvenile that may contribute to his or her rehabilitation. Source: L. 2011: Entire section added, (HB 11-1032), ch. 296, p. 1404, § 10, effective August 10. L. 2017: Entire section amended, (HB 17-1329), ch. 381, p. 1975, § 35, effective June 6. 19-2-312. Youth corrections monetary incentives award program - designated monetary custodian. (1) The division of youth services in the department of human services is Colorado Revised Statutes 2019 Page 134 of 445 Uncertified Printout authorized to establish, at its discretion, a youth corrections monetary incentives award program, referred to in this section as the "program". The purpose of the program is to provide monetary awards and incentives for academic, social, and psychological achievement to juveniles who were formerly committed to the division of youth services who are on parole, in community corrections, or now off of parole. (2) If the division of youth services establishes a program, it shall devise, in collaboration with the nonprofit organization designated pursuant to subsection (3) of this section, appropriate participation criteria, application procedures, any necessary organizational structure, and criteria for awarding individual scholarships. Criteria may, but are not required to, include that the juvenile: (a) Maintains the highest grades possible each academic term; (b) Makes consistent progress in his or her therapy or other assigned program, if applicable, during each academic term, as determined by the team of professionals who worked with the juvenile while committed to the division of youth services; and (c) Use the money earned only for expenses approved as necessary and valid by the division of youth services and the nonprofit organization designated pursuant to subsection (3) of this section. (3) If the division of youth services establishes a program, it shall, in conjunction with the director of the legislative council, use a request for proposal process to contract with and designate a nonprofit organization, referred to in this section as the "designated nonprofit", to serve as the custodian of money donated to the program through the designated nonprofit. The designated nonprofit shall work with the division of youth services for the purpose of designing the program criteria, accepting funds for program scholarships, and providing a distribution mechanism for such scholarships. (4) (a) The designated nonprofit and the division of youth services are authorized to solicit, accept, and expend monetary and in-kind gifts, grants, and donations on behalf of the program and for payment of scholarships to juveniles in the program. Any such money donated or awarded to the designated nonprofit for the benefit of the program is not subject to appropriation by the general assembly. The designated nonprofit must not be the custodian of any money appropriated by the state, which must be annually appropriated by the general assembly to the division of youth services in the department of human services. Any money obtained by the division of youth services or the designated nonprofit that is unexpended and unencumbered at such time the program is dissolved must be distributed according to appropriate federal and state laws governing nonprofit organizations. (b) If a different nonprofit or private organization is subsequently designated as the custodian of donated money in accordance with this subsection (4), the former designated nonprofit shall promptly transfer to the newly designated nonprofit or private organization any money that is unexpended and unencumbered at the time of the change in designation. Source: L. 2017: Entire section added, (HB 17-1101), ch. 95, p. 288, § 1, effective August 9. PART 4 JUVENILE FACILITIES Colorado Revised Statutes 2019 Page 135 of 445 Uncertified Printout 19-2-401. Facilities". Short title. This part 4 shall be known and may be cited as "Juvenile Source: L. 96: Entire article amended with relocations, p. 1621, § 1, effective January 1, 1997. Editor's note: The former section 19-2-401 was relocated to section 19-2-109. 19-2-402. Juvenile detention services and facilities to be provided by department of human services - education. (1) (a) Except as provided in subsection (1)(c) of this section, the department of human services shall provide detention services for temporary care of a juvenile, pursuant to this article 2. The department of human services shall consult on a regular basis with the court in any district where a detention facility is located concerning the detention program at that facility. The department of human services may use staff secure facilities to provide preadjudication and postadjudication detention services. (b) Detention facilities operated by or under contract with the department of human services, subject to limitations on physical capacity and programs, shall receive and provide care for any juvenile arrested for or convicted of a violation of any provision of articles 1 to 15 of title 33, C.R.S., or any rule or regulation promulgated thereunder, or any article of title 42, C.R.S., or any municipal or county ordinance and for any juvenile found in contempt of court in connection with a violation or an alleged violation of any of those articles or any municipal or county ordinance. (c) The department of human services is not required to receive and provide care for any juvenile who is ten years of age and older but less than thirteen years of age, unless such juvenile has been arrested or adjudicated for a felony or weapons charge pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5. (2) Detention facilities operated in part by a state court, pursuant to section 13-3-108, C.R.S., shall be operated in the same manner by the department of human services, within the limits of available funds appropriated for such purpose. (3) (a) (I) Juveniles in a juvenile detention facility are exempt from compulsory school attendance requirements pursuant to section 22-33-104 (2)(f), C.R.S. However, it is the intent of the general assembly that the juvenile detention facility and school district in which the facility is located cooperate to ensure that each juvenile who is in detention is offered educational services at the grade level identified for the juvenile in a time frame that aligns with the hourly requirements for attendance specified in section 22-33-104 (1), C.R.S. (II) The school boards of the school districts that a juvenile detention facility serves or in which the juvenile detention facility is located, when requested by the judge of the juvenile court, shall furnish teachers and any books or equipment needed to provide educational services that align with, and are designed to assist each juvenile in achieving, the statewide model content standards adopted pursuant to section 22-7-1005, C.R.S., for each juvenile's identified grade level. The school districts and the personnel at the detention facility shall cooperate to ensure that the educational services are available to the juveniles in the facility in a time frame that aligns with the hourly requirements for attendance specified in section 22-33-104 (1), C.R.S. (b) The expenses incurred by a school district pursuant to paragraph (a) of this subsection (3), minus the total amount of per-pupil revenues that the school district receives Colorado Revised Statutes 2019 Page 136 of 445 Uncertified Printout pursuant to article 54 of title 22, C.R.S., for the juveniles in the juvenile detention facility, shall be shared and paid by each school district served in the proportion that the enrollment of each school district bears to the total enrollment of all the districts served. (c) (I) For the 2006-07 budget year and each budget year thereafter, the expenses incurred by a school district pursuant to paragraph (b) of this subsection (3) shall be shared and paid by the school district, each charter school of the district, and each institute charter school located in the school district. Each charter school of the district and institute charter school shall pay in the proportion that the charter school of the district's or institute charter school's enrollment bears to the total district enrollment. (II) For the purpose of this paragraph (c), "total district enrollment" means the total of the pupil enrollment in the school district, plus the district online enrollment, the district preschool program enrollment, and the pupil enrollment in each institute charter school that is located within the school district, as determined in accordance with article 54 of title 22, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1621, § 1, effective January 1, 1997. L. 2006: (3)(b) amended and (3)(c) added, p. 661, § 4, effective April 28. L. 2009: (3)(c)(II) amended, (SB 09-292), ch. 369, p. 1950, § 36, effective August 5. L. 2013: (3)(a) amended, (HB 13-1021), ch. 335, p. 1950, § 5, effective August 7. L. 2017: (1)(a) amended and (1)(c) added, (HB 17-1207), ch. 269, p. 1482, § 2, effective May 31. Editor's note: (1) This section was formerly numbered as 19-2-1115. Prior to relocation in 1996, the said 19-2-1115 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-117 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-402 was relocated to section 19-2-706 when this article was amended with relocations in 1996. 19-2-402.5. Juvenile detention facilities - catchment areas. (1) (a) The executive director of the department of human services and the state court administrator in the judicial department shall together establish geographical catchment areas for the juvenile detention facilities operated by or under contract with the department of human services. To the extent practicable, the detention catchment areas shall be established to ensure that the juvenile is held in a juvenile detention facility located within the judicial district in which the offense is committed. For judicial districts in which no juvenile detention facility is located, the department shall establish the catchment areas based on considerations of proximity, bed availability, workload, and cost efficiency. (b) On or before October 1, 1998, and each October 1 thereafter, the working group established in section 19-2-212 shall submit recommendations to the executive director of the department of human services and the state court administrator concerning configuration of the detention catchment areas and the placement of detained juveniles. (2) On or before December 1, 1998, the executive director of the department of human services and the state court administrator shall submit a description of the detention catchment areas to the joint budget committee and to the judiciary committees of the senate and house of representatives. The executive director and the state court administrator shall annually reexamine the detention catchment areas and submit a description of any changes in the detention Colorado Revised Statutes 2019 Page 137 of 445 Uncertified Printout catchment area boundaries to the joint budget committee and to the judiciary committees of the senate and house of representatives by December 1. Source: L. 98: Entire section added, p. 1062, § 1, effective August 5. 19-2-403. Human services facilities - authority. (1) The department of human services shall establish and operate facilities necessary for the care, education, training, treatment, and rehabilitation of those juveniles legally committed to its custody under section 19-2-601 or 19-2907. As necessary and when funds are available for such purposes, such facilities may include but shall not be limited to: (a) Group care facilities and homes, including halfway houses, nonresidential transition programs, day reporting and day treatment centers, and staff secure facilities; (b) Training schools; (c) Conservation camps; (d) Diagnostic and evaluation centers and receiving centers; and (e) Any programs necessary to implement the purposes of this section for juveniles in community placement. (2) The department shall cooperate with other governmental units and agencies, including appropriate local units of government, state departments and institutions, and agencies of the federal government in order to facilitate the training and rehabilitation of youth. (3) Once a juvenile is committed to the department of human services, the juvenile shall remain in a facility directly operated by the department of human services or in a secure facility contracted for by the department of human services until his or her commitment expires as provided by law, parole status is granted pursuant to part 10 of this article, or a community placement is approved by order of the juvenile court and by a juvenile community review board, if one exists in the county of proposed placement. (4) The department of human services shall contract with the department of corrections to house in an appropriate facility operated by the department of human services and, as appropriate, to provide services to any juvenile under the age of fourteen years who is sentenced as an adult to the department of corrections. On reaching fourteen years of age, any juvenile sentenced to the department of corrections shall be transferred to an appropriate facility operated by the department of corrections for the completion of the juvenile's sentence. Source: L. 96: Entire article amended with relocations, p. 1621, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-1101. Prior to relocation in 1996, the said section 19-2-1101 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-403 was relocated to section 19-2-707 when this article was amended with relocations in 1996. 19-2-403.3. Juvenile facility employees. (1) On and after April 1, 2004, the department of human services shall not hire a person who is required to register as a sex offender pursuant to Colorado Revised Statutes 2019 Page 138 of 445 Uncertified Printout the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., to work at a juvenile facility. (2) The department of human services shall ensure that any person who is employed to work at a juvenile facility as of April 1, 2004, and who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., does not have unsupervised contact with a juvenile in the facility on and after April 1, 2004. (3) If a person, while employed by the department of human services, is convicted of an offense that requires the employee to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., the employee shall immediately notify the department of human services of the conviction and the registration requirement. The department of human services shall ensure that the employee does not have unsupervised contact with a juvenile in the facility on and after the date it receives notice pursuant to this subsection (3). (4) The executive director of the department of human services shall adopt such rules as may be necessary to ensure compliance with the requirements of this section. Source: L. 2004: Entire section added, p. 231, § 3, effective April 1. 19-2-403.5. Legislative declaration - eminent domain - detention facility site. (1) The general assembly hereby finds and declares that: (a) The juvenile detention facilities currently located within the city and county of Denver are inadequate to house the dramatically increasing number of juveniles being held in detention by or committed to the custody of the department of human services and this inadequacy poses a serious and immediate threat to public safety; (b) During the 1994 legislative session, the general assembly attempted to address this situation by appropriating additional state moneys for a new sixty-bed juvenile detention facility to be located in the city and county of Denver; (c) Although the city and county of Denver was to select a proposed site for this juvenile detention facility, the city and county of Denver had refused to do so until just recently; (d) Due to numerous factors, the two proposed sites that the city and county of Denver finally recommended are not suitable for a juvenile detention facility; (e) Due to Denver's delays and refusal to recommend a suitable site, the situation regarding the number of juvenile detention beds located in the city and county of Denver has reached a critical point and it has become necessary for the state of Colorado to take action in order to address this situation; (f) Granting the department of human services the power of eminent domain to acquire private or public property for juvenile detention facilities in the city and county of Denver is reasonably related to the legitimate state interest of providing a sufficient number of juvenile detention beds within the city and county of Denver so that the department can adequately house the number of juveniles held in detention or committed to the department's custody; and (g) A general law cannot be made applicable to address the provision of juvenile detention facility beds within the city and county of Denver. (2) (a) Subject to the provisions of subsection (3) of this section, the department of human services has the right to acquire by eminent domain any real property that is located Colorado Revised Statutes 2019 Page 139 of 445 Uncertified Printout within the Denver metropolitan area that is necessary for the establishment of one or more juvenile detention facilities. Such real property shall be acquired in accordance with articles 1 to 7 of title 38, C.R.S. (b) Any real property specified in paragraph (a) of this subsection (2) that is already devoted to a public use may be acquired by the department of human services pursuant to this section; except that no property owned by the federal government may be acquired without the consent of the federal government. (3) Prior to the acquisition of any real property pursuant to subsection (2) of this section, the proposed acquisition must be reviewed and approved by the joint budget committee established pursuant to section 2-3-201, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1622, § 1, effective January 1, 1997. 19-2-404. Facilities - control and restraint - liability - duty to pursue runaways. (1) Any facility that houses or provides nonresidential services to adjudicated juveniles pursuant to this article whether publicly or privately operated for short-term or long-term commitment or detention is authorized to respond in a reasonable manner to issues of control and restraint of adjudicated juveniles when necessary. Each facility or program shall establish clearly defined policies and procedures for the short-term restraint and control of adjudicated juveniles housed within the facility or receiving services in the nonresidential program. (2) Any facility that houses or provides nonresidential services to adjudicated juveniles pursuant to this article and any person employed by said facility or program shall not be liable for damages arising from acts committed in the good faith implementation of this section; except that the facility or program and any person employed by the facility or program may be liable for acts that are committed in a willful and wanton manner. (3) Any facility that houses adjudicated juveniles pursuant to this article shall have a duty to notify the court and the local law enforcement agency as soon as possible after discovering that an adjudicated juvenile housed at the facility has run away. Source: L. 96: Entire article amended with relocations, p. 1623, § 1, effective January 1, 1997. Editor's note: The former section 19-2-404 was relocated to section 19-2-705. 19-2-405. Receiving centers - designation. (1) The department of human services shall designate receiving centers for juvenile delinquents committed to the department under section 19-2-601 or 19-2-907. (2) If a change is made in the designation of a receiving center by the department of human services, it shall so notify the juvenile courts at least thirty days prior to the date that the change takes effect. Source: L. 96: Entire article amended with relocations, p. 1624, § 1, effective January 1, 1997. Colorado Revised Statutes 2019 Page 140 of 445 Uncertified Printout Editor's note: (1) This section was formerly numbered as 19-2-1102. Prior to relocation in 1996, the said section 19-2-1102 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-405 was relocated to section 19-2-708 when this article was amended with relocations in 1996. 19-2-406. Lookout Mountain school. (1) There is hereby established at Golden, Jefferson county, a training school known as the Lookout Mountain school, under the supervision and control of the department of human services. (2) The school shall provide care, education, training, and rehabilitation for juveniles ten years of age or older who have been committed to the custody of the department under section 19-2-601 or 19-2-907. In addition, the school may provide care, education, training, and rehabilitation for any juvenile who has been sentenced to the department of corrections and is being housed in a facility operated by the department of human services pursuant to a contract with the department of corrections as provided in section 19-2-403 (4). Source: L. 96: Entire article amended with relocations, p. 1624, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1106. Prior to relocation in 1996, the said section 19-2-1106 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-407. Mount View school. (1) There is hereby established near Morrison, Jefferson county, a training school known as the Mount View school under the supervision and control of the department of human services. (2) The school shall provide care, education, training, and rehabilitation for juveniles ten years of age or older who have been committed to the custody of the department under section 19-2-601 or 19-2-907. In addition, the school may provide care, education, training, and rehabilitation for any juvenile who has been sentenced to the department of corrections and is being housed in a facility operated by the department of human services pursuant to a contract with the department of corrections as provided in section 19-2-403 (4). Source: L. 96: Entire article amended with relocations, p. 1624, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1107. Prior to relocation in 1996, the said section 19-2-1107 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-408. Youth camps. The department of human services may establish and administer youth camps. Staff at youth camps shall provide care, education, training, Colorado Revised Statutes 2019 Page 141 of 445 Uncertified Printout rehabilitation, and supervision for juveniles ten years of age or older who have been committed to the custody of the department under section 19-2-601 or 19-2-907. Source: L. 96: Entire article amended with relocations, p. 1624, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1108. Prior to relocation in 1996, the said section 19-2-1108 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-108 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-409. Alternate placement. The executive director of the department of human services may assign any juvenile placed by the department of human services in any facility established under section 19-2-403, 19-2-406, or 19-2-407 to any other facility established by said sections for educational training, treatment, or rehabilitation programs. The assignment and the transportation of a juvenile to and from such programs on a daily basis shall not constitute a transfer or change of placement of the juvenile. Source: L. 96: Entire article amended with relocations, p. 1625, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1109. Prior to relocation in 1996, the said section 19-2-1109 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-109 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-410. Contracts and agreements with public and private agencies. (1) The executive director of the department of human services shall, subject to available appropriations, enter into agreements or contracts deemed necessary and appropriate with any governmental unit or agency or private facility or provider cooperating or willing to cooperate in a program to carry out the purposes of this article. Such contracts or agreements may provide, among other things, for the type of work to be performed at a camp or other facility, for the rate of payment for such work, and for other matters relating to the care and treatment of juveniles. (2) Placement of juveniles by the department of human services in any public or private facility not under the jurisdiction of the department shall not terminate the legal custody of the department. (3) The department shall have the right to inspect all facilities used by it and to examine and consult with persons in its legal custody who have been placed in any such facility. (4) (a) On and after April 1, 2004, an entity that contracts with the department of human services for the operation of a private juvenile facility shall not employ a person who is required to register pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., to work in the private juvenile facility. (b) For the purposes of a contract in existence as of April 1, 2004, if a contractor employs a person in a private juvenile facility who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, Colorado Revised Statutes 2019 Page 142 of 445 Uncertified Printout C.R.S., the contractor shall ensure that the person does not have unsupervised contact with a juvenile in the facility on and after April 1, 2004. Failure to comply with the provisions of this subsection (4) shall constitute a breach and grounds for termination of the contract. Source: L. 96: Entire article amended with relocations, p. 1625, § 1, effective January 1, 1997. L. 2004: (4) added, p. 232, § 4, effective April 1. Editor's note: This section was formerly numbered as 19-2-1110. Prior to relocation in 1996, the said section 19-2-1110 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-110 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-411. Facilities for juvenile offenders. The executive director of the department of human services shall adopt rules and implement a process to issue requests for proposals with respect to contracts for designing, financing, acquiring, constructing, and operating private facilities for juvenile offenders. The process to issue requests for proposals and privatization contracts shall meet the requirements set forth in part 2 of article 1 of title 17, C.R.S., with respect to private adult correctional facilities. Source: L. 96: Entire article amended with relocations, p. 1625, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1115.5. 19-2-411.5. Juvenile facility - contract for operation. (1) The state department of human services is authorized to contract with a private contractor for the operation of a fivehundred-bed facility to house juveniles who are in the custody of the state department of human services and to house juveniles who are in the temporary custody of a county department of human or social services. The facility shall follow an academic model, providing educational, vocational, and positive developmental programming. The contractor shall work with the state department of human services to develop and maintain high-quality programming that is appropriate for and meets the needs of the juveniles placed in the facility. The facility must be constructed in a campus-style design and located on the parcel of real property formerly known as the Lowry bombing range. The state retains ownership of the facility constructed and operated pursuant to this section. Nothing in this section requires that the parcel of real property formerly known as the Lowry bombing range be used exclusively for the facility constructed pursuant to this section. (2) In choosing a contractor, the executive director of the department of human services shall ensure that the contractor and the contract meet the following requirements: (a) The executive director of the department of human services shall select the lowest responsible bid by the contractor most qualified to operate the facility on an academic model, subject to available appropriations. Prior to final selection, the executive director shall confirm that the contractor has the qualifications, experience, and management personnel necessary to carry out the terms of the contract. Colorado Revised Statutes 2019 Page 143 of 445 Uncertified Printout (b) The contractor shall agree to indemnify the state and the department of human services, including their officials and agents, against any and all liability including but not limited to any civil rights claims. The department of human services shall require proof of satisfactory insurance, the amount of which shall be determined by the department of human services following consultation with the division of insurance in the department of regulatory agencies. (c) The facility and the management plan for juveniles housed at the facility shall meet the requirements of applicable court orders and state law. (d) The contractor shall be responsible for a range of dental, medical, and psychological services and diet, education, and work programs at least equal to those services and programs provided by the department of human services at comparable state juvenile facilities. The work and education programs shall be designed to reduce recidivism. (e) The department of human services shall monitor the facility, and the contractor shall bear the costs of monitoring. (3) The contract for operation of the facility shall be subject to annual renewal. The contract for operation of the facility shall specify the responsibilities the department of human services shall retain with regard to juveniles housed at the facility and the responsibilities the contractor shall exercise. (4) The contractor shall require applicants for employment at the facility to submit a set of fingerprints to the Colorado bureau of investigation for a criminal background check, and the Colorado bureau of investigation may accept such fingerprints. For the purpose of conducting background checks, to the extent authorized by federal law, the Colorado bureau of investigation may exchange with the department any state, multistate, and federal criminal history records of individuals who apply for employment at the facility. When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the contractor shall require that applicant to submit to a namebased criminal history record check, as defined in section 22-2-119.3 (6)(d). (5) Repealed. Source: L. 97: Entire section added, p. 1046, § 1, effective May 27. L. 2012: Entire section amended, (SB 12-099), ch. 92, p. 303, § 1, effective April 12. L. 2017: (5) amended, (HB 17-1329), ch. 381, p. 1967, § 8, effective June 6; (5) repealed, (SB 17-234), ch. 154, p. 520, § 3, effective August 9. L. 2018: (1) amended, (SB 18-092), ch. 38, p. 413, § 42, effective August 8. L. 2019: (4) amended, (HB 19-1166), ch. 125, p. 545, § 20, effective April 18. Editor's note: Subsection (5) was amended in HB 17-1329. Those amendments were superseded by the repeal of subsection (5) in SB 17-234, effective August 9, 2017. For the amendments to subsection (5) in HB 17-1329 in effect from June 6, 2017, to August 9, 2017, see chapter 381, Session Laws of Colorado 2017. (L. 2017, p. 1967.) Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-412. Transfer of detention facilities and equipment. Whenever the department of human services determines that any property, facilities, and equipment are no longer needed for Colorado Revised Statutes 2019 Page 144 of 445 Uncertified Printout juvenile detention facilities, the department shall transfer said property, facilities, and equipment back to the county without any cost to the county. Source: L. 96: Entire article amended with relocations, p. 1625, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1116. 19-2-413. Facility publications. Publications of any of the facilities established by section 19-2-403 and sections 19-2-406 to 19-2-408 intended for circulation in quantity outside such facility shall be subject to the "Information Coordination Act", section 24-1-136, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1625, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1112. Prior to relocation in 1996, the said section 19-2-1112 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-112 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-414. Facility rules - academic and vocational courses. (1) It is the duty of the department of human services to develop such rules and regulations as may be necessary for imparting instruction, preserving health, and enforcing discipline of juveniles committed to the department. (2) The academic courses of study and vocational training and instruction given in the facilities established by section 19-2-403 and sections 19-2-406 to 19-2-408 shall include those approved by the department of education for the instruction of pupils in the primary and secondary schools of the state. Full credit shall be given by school districts in this state for completion of any semester, term, or year of study instruction by any juvenile who has earned credit therefor. (3) The director of the division of youth services may appoint, pursuant to section 13 of article XII of the state constitution, a director and such other officers, teachers, instructors, counselors, and other personnel as the director may consider necessary to transact the business of the schools and may designate their duties. No person shall be appointed as a teacher or instructor in the schools who is not qualified to serve as a teacher or instructor in the schools under the laws of the state and the standards established by the department of education. Source: L. 96: Entire article amended with relocations, p. 1626, § 1, effective January 1, 1997. L. 2017: (3) amended, (HB 17-1329), ch. 381, p. 1975, § 36, effective June 6. Editor's note: This section was formerly numbered as 19-2-1113. Prior to relocation in 1996, the said section 19-2-1113 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Colorado Revised Statutes 2019 Page 145 of 445 Uncertified Printout 19-2-415. Fees for transporting juveniles. It is the duty of the sheriff, undersheriff, or deputy, or in their absence any suitable person appointed by the court for such purpose, to convey any juvenile committed under the provisions of section 19-2-601 or 19-2-907 to facilities of the division of youth services. All officers performing services under this part 4 must be paid the same fees as are allowed for similar services in criminal cases, such fees to be paid by the county from which such juvenile was committed. Source: L. 96: Entire article amended with relocations, p. 1626, § 1, effective January 1, 1997. L. 2017: Entire section amended, (HB 17-1329), ch. 381, p. 1976, § 37, effective June 6. Editor's note: This section was formerly numbered as 19-2-1114. Prior to relocation in 1996, the said section 19-2-1114 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-114 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-416. Administration or monitoring of medications to persons in juvenile institutional facilities. The executive director of the department of human services has the power to direct the administration or monitoring of medications to persons in juvenile institutional facilities as defined in section 25-1.5-301 (2)(b), C.R.S., in a manner consistent with part 3 of article 1.5 of title 25, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1626, § 1, effective January 1, 1997. L. 2003: Entire section amended, p. 705, § 26, effective July 1. Editor's note: This section was formerly numbered as 19-2-1117. 19-2-417. Juvenile detention facilities - behavioral or mental health disorder screening. (1) The executive director of the department of human services may implement a behavioral or mental health disorder screening program to screen juveniles held in juvenile detention facilities following adjudication. If the executive director chooses to implement a behavioral or mental health disorder screening program, the executive director shall use the standardized behavioral or mental health disorder screening developed pursuant to section 1611.9-102 and conduct the screening in accordance with procedures established pursuant to said section. (2) Prior to implementation of a behavioral or mental health disorder screening program pursuant to this section, if implementation of the program would require an increase in appropriations, the executive director shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health disorder screening program. If implementation of the behavioral or mental health disorder screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request. Source: L. 2002: Entire section added, p. 576, § 7, effective May 24. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1310, § 153, effective May 25. Colorado Revised Statutes 2019 Page 146 of 445 Uncertified Printout Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-2-418. Juveniles - medical benefits application assistance - county of residence rules. (1) Beginning as soon as practicable, but no later than January 1, 2009, no later than one hundred twenty days prior to release, commitment facility personnel or state personnel shall assist the parent or legal guardian of the following juveniles in applying for medical assistance pursuant to part 1 or 2 of article 5 of title 25.5, C.R.S., or in applying to the children's basic health plan pursuant to section 25.5-8-109, C.R.S.: (a) A juvenile who was receiving medical assistance pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S., or pursuant to the children's basic health plan pursuant to section 25.5-8-109, C.R.S., immediately prior to entering the juvenile commitment facility and is likely to be terminated from receiving medical assistance while committed or is reasonably expected to meet the eligibility criteria specified in section 25.5-5-101 (1)(f), 25.5-5-201 (1)(j), or 25.5-8-109, C.R.S., upon release; and (b) A juvenile who is committed to a juvenile commitment facility. (1.5) If a juvenile is committed or placed for less than one hundred twenty days, commitment facility personnel or state personnel shall make a reasonable effort to assist the parent or legal guardian of the juvenile in applying for medical assistance as soon as practicable. (2) The department of health care policy and financing shall provide information and training on medical assistance eligibility requirements and assistance to the personnel at each commitment facility to assist in and expedite the application process for medical assistance for a juvenile held in custody who meets the requirements of paragraph (a) of subsection (1) of this section. (3) (a) For purposes of determining eligibility pursuant to section 25.5-4-205, C.R.S., the county of residence of a juvenile shall be the county specified by the juvenile as his or her county of residence upon release. (b) The executive director of the department of health care policy and financing shall promulgate rules to simplify the processing of applications for medical assistance pursuant to subsection (1) of this section and to allow a juvenile determined to be eligible for such medical assistance to access the medical assistance upon release and thereafter. If a county department of human or social services determines that a juvenile is eligible for medical assistance, the county shall enroll the juvenile in medical assistance or the children's basic health plan effective upon release of the juvenile. At the time of the juvenile's release, the commitment facility shall give the juvenile or the juvenile's parent or legal guardian information and paperwork necessary for the juvenile to access medical assistance. The applicable county department of human or social services shall provide the commitment facility with the necessary information. (c) Each juvenile commitment facility administrator shall attempt to enter into prerelease agreements, if appropriate, with the county department of human or social services, the state department of human services, or the department of health care policy and financing in order to: (I) Simplify the processing of applications for medical assistance or for the children's basic health plan benefits pursuant to section 25.5-8-109, C.R.S., to enroll, effective upon release, a juvenile who is eligible for medical assistance pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S., or the children's basic health plan pursuant to section 25.5-8-109, C.R.S.; and Colorado Revised Statutes 2019 Page 147 of 445 Uncertified Printout (II) Provide the juvenile or the juvenile's parent or legal guardian with the information and paperwork necessary to access medical assistance immediately upon release. Source: L. 2008: Entire section added, p. 1763, § 1, effective June 2. L. 2018: (3)(b) and IP(3)(c) amended, (SB 18-092), ch. 38, p. 413, § 43, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. PART 5 ENTRY INTO SYSTEM 19-2-501. Short title. This part 5 shall be known and may be cited as "Juvenile Justice Entry Into System". This part 5 consists of provisions concerning custody, evidence, detention, and commencement of proceedings. Source: L. 96: Entire article amended with relocations, p. 1626, § 1, effective January 1, 1997. Editor's note: The former section 19-2-501 was relocated to section 19-2-107. 19-2-502. Taking juvenile into custody. (1) A juvenile may be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe that he or she has committed a delinquent act. (2) A juvenile may be taken into temporary custody by a law enforcement officer executing a lawful warrant taking a juvenile into custody issued pursuant to section 19-2-503. (3) A juvenile probation officer may take a juvenile into temporary custody: (a) Under the circumstances stated in subsection (1) of this section; or (b) If he or she has violated the conditions of probation and is under the continuing jurisdiction of the juvenile court. (4) A juvenile may be detained temporarily by an adult other than a law enforcement officer if the juvenile has committed or is committing a delinquent act in the presence of such adult. Any person detaining a juvenile shall notify, without unnecessary delay, a law enforcement officer, who shall assume custody of said juvenile. (5) The taking of a juvenile into temporary custody under this section is not an arrest, nor does it constitute a police record. Source: L. 96: Entire article amended with relocations, p. 1626, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-201. Prior to relocation in 1996, the said section 19-2-201 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Colorado Revised Statutes 2019 Page 148 of 445 Uncertified Printout (2) The former section 19-2-502 was relocated to section 19-2-108 when this article was amended with relocations in 1996. 19-2-503. Issuance of a lawful warrant taking a juvenile into custody. (1) A lawful warrant taking a juvenile into custody may be issued pursuant to this section by any judge of a court of record or by a juvenile magistrate upon receipt of an affidavit relating facts sufficient to establish probable cause to believe that a delinquent act has been committed and probable cause to believe that a particular juvenile committed that act. Upon receipt of such affidavit, the judge or magistrate shall issue a lawful warrant commanding any peace officer to take the juvenile named in the affidavit into custody and to take him or her without unnecessary delay before the nearest judge of the juvenile court or magistrate as provided in section 19-2-508 (4)(e)(I). (2) Upon filing of a petition in the juvenile court, the district attorney may request a warrant to issue that authorizes the taking of a juvenile into temporary custody. If a warrant is requested, the petition must be accompanied by a verified affidavit relating facts sufficient to establish probable cause that the juvenile has committed the delinquent act set forth in the petition. (3) A warrant for the arrest of a juvenile for violation of the conditions of probation or of a bail bond may be issued by any judge of a court of record or juvenile magistrate upon the report of a juvenile probation officer or upon the verified complaint of any person, establishing to the satisfaction of the judge or juvenile magistrate probable cause to believe that a condition of probation or of a bail bond has been violated and that the arrest of the juvenile is reasonably necessary. The warrant may be executed by any juvenile probation officer or by a peace officer authorized to execute warrants in the county in which the juvenile is found. If the warrant is for a juvenile found in contempt of court in a truancy proceeding, the court shall follow the procedures set forth in section 22-33-108 (7). Source: L. 96: Entire article amended with relocations, p. 1627, § 1, effective January 1, 1997. L. 2018: (3) amended, (HB 18-1156), ch. 378, p. 2288, § 7, effective August 8. L. 2019: (1) amended, (SB 19-108), ch. 294, p. 2728, § 25, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-202. Prior to relocation in 1996, the said section 19-2-202 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2101.1 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-503 was relocated to section 19-2-805 when this article was amended with relocations in 1996. Cross references: For the legislative declaration in HB 18-1156, see section 1 of chapter 378, Session Laws of Colorado 2018. 19-2-503.5. Fingerprinting - juvenile under arrest - ordered by court. (1) For purposes of this section, "juvenile" means any juvenile who is charged with committing, summoned, or held in detention for committing a delinquent act that constitutes a felony, a class 1 misdemeanor, or a misdemeanor pursuant to section 42-4-1301, C.R.S., or a crime, the Colorado Revised Statutes 2019 Page 149 of 445 Uncertified Printout underlying factual basis of which included an act of domestic violence, as defined in section 186-800.3 (1), C.R.S., as if committed by an adult. (2) Any juvenile detained pursuant to the provisions of this article shall be fingerprinted by the entity authorized by the court or the local law enforcement agency to obtain fingerprints, except for juvenile detention centers and alternative service programs, otherwise known as "SB 91-94 programs", described in section 19-2-302. Such entity or local agency shall forward a set of the juvenile's fingerprints to the Colorado bureau of investigation in the form and manner prescribed by the bureau. (3) If a juvenile has not been fingerprinted prior to the first appearance of the juvenile before the court, the court shall order the juvenile to report to an entity authorized by the court or the local law enforcement agency for fingerprinting, except for juvenile detention centers and alternative service programs, otherwise known as "SB 91-94 programs", described in section 192-302. The authorized entity or local law enforcement agency shall endorse upon a copy of the order the completion of the fingerprinting and return the same to the court. The authorized entity or local law enforcement agency shall forward a set of fingerprints ordered pursuant to this subsection (3) to the Colorado bureau of investigation in the form and manner prescribed by the bureau. (4) Any fingerprints required by this section to be forwarded to the Colorado bureau of investigation shall be forwarded within twenty-four hours after completion of the fingerprinting; except that such time period shall not include Saturdays, Sundays, and legal holidays. Source: L. 2000: Entire section added, p. 653, § 1, effective May 19. 19-2-504. Search warrants - issuance - grounds. (1) A search warrant authorized by this section may be issued by any judge of a court of record or by a juvenile magistrate. (2) A search warrant may be issued under this section to search for and seize any property: (a) That is stolen or embezzled; or (b) That is designed or intended for use as a means of committing a delinquent act; or (c) That is or has been used as a means of committing a delinquent act; or (d) The possession of which is illegal; or (e) That would be material evidence in a subsequent criminal prosecution or delinquency adjudication in this state or in another state; or (f) The seizure of which is expressly required, authorized, or permitted by any statute of this state; or (g) That is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health. Source: L. 96: Entire article amended with relocations, p. 1628, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-206. Prior to relocation in 1996, the said section 19-2-206 was contained in a title that was repealed and reenacted in Colorado Revised Statutes 2019 Page 150 of 445 Uncertified Printout 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-504 was relocated to section 19-2-804 when this article was amended with relocations in 1996. 19-2-505. Search warrants - application. (1) A search warrant shall issue only on affidavit sworn to or affirmed before the judge or juvenile magistrate and relating facts sufficient to: (a) Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched; (b) Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected; (c) Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist; and (d) Establish probable cause to believe that the property to be searched for, seized, or inspected is located at, in, or upon the premises, person, place, or thing to be searched. (2) The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the warrant. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a search warrant shall be attached to the search warrant filed with the court. (3) Procedures governing application for and issuance of search warrants consistent with this section may be established by rule of the supreme court. Source: L. 96: Entire article amended with relocations, p. 1628, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-207. Prior to relocation in 1996, the said section 19-2-207 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-505 was relocated to section 19-2-802 when this article was amended with relocations in 1996. 19-2-506. Consent to search. In determining the voluntariness of a juvenile's consent to a search or seizure, the court shall consider the totality of the circumstances. Source: L. 96: Entire article amended with relocations, p. 1629, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-208. 19-2-507. Duty of officer - screening teams - notification - release or detention. (1) When a juvenile is taken into temporary custody and not released pending charges, the officer shall notify the screening team for the judicial district in which the juvenile is taken into custody. The screening team shall notify the juvenile's parent, guardian, or legal custodian without Colorado Revised Statutes 2019 Page 151 of 445 Uncertified Printout unnecessary delay and inform him or her that, if the juvenile is placed in detention or a temporary holding facility, all parties have a right to a prompt hearing to determine whether the juvenile is to be detained further. Such notification may be made to a person with whom the juvenile is residing if a parent, guardian, or legal custodian cannot be located. If the screening team is unable to make such notification, it may be made by any law enforcement officer, juvenile probation officer, detention center counselor, or common jailor in whose physical custody the juvenile is placed. (2) [Editor's note: This version of subsection (2) is effective until July 1, 2020.] The law enforcement officer or the court shall detain the juvenile if the law enforcement officer or the court determines that the juvenile's immediate welfare or the protection of the community requires detainment. In determining whether a juvenile requires detention, the law enforcement officer or the court shall follow criteria for the detention of juvenile offenders which criteria are established in accordance with section 19-2-212, and shall make efforts to keep the juvenile with his or her parent, guardian, or legal custodian. (2) [Editor's note: This version of subsection (2) is effective July 1, 2020.] (a) If the law enforcement officer does not release the juvenile to the care of such juvenile's parents, legal guardian, kin, or other responsible adult, the screening team shall administer a validated detention screening instrument developed or adopted pursuant to section 19-2-212. The law enforcement officer, screening team, or juvenile court shall not remove the juvenile from the custody of the parent or legal guardian pursuant to this section unless the screening team or the juvenile court: (I) (A) First finds that a validated detention screening instrument selected or adopted pursuant to section 19-2-212 has been administered and the juvenile scored as detention-eligible; or (B) There are grounds to override the results of the detention screening instrument based on the criteria developed in accordance with section 19-2-212; and (II) Finds that the juvenile poses a substantial risk of serious harm to others or a substantial risk of flight from prosecution and finds that community-based alternatives to detention are insufficient to reasonably mitigate that risk. Flight from prosecution is distinguished from simple failure to appear and must generally be evidenced by a demonstrated record of repeat, recent willful failures to appear at a scheduled court appearance. (b) The detention screening instrument must be administered by the screening team for each juvenile under consideration for detention and must be administered by a screener who has completed training to administer the detention screening instrument. (c) Any information concerning a juvenile that is obtained during the administration of the detention screening instrument must be used solely for the purpose of making a recommendation to the court regarding the continued detention of the juvenile. The information is not subject to subpoena or other court process, for use in any other proceeding, or for any other purpose. (d) Court records and division of youth services records must include data on detention screening scores and, if the score does not mandate detention, the explanation for the override placing the juvenile in detention. (e) A juvenile who must be taken from his or her home but who does not require physical restriction must be given temporary care with his or her grandparent, kin, or other Colorado Revised Statutes 2019 Page 152 of 445 Uncertified Printout suitable person; in a temporary shelter facility designated by the court; or with the county department of human or social services and must not be placed in detention. (f) The screening team and the juvenile court shall use the results from the detention screening instrument in making a release determination. Release options include allowing a juvenile to return home with no supervision, or with limited supervision such as a location monitoring device, or a referral to a preadjudication alternative to detention or service program established pursuant to section 19-2-302. (3) [Editor's note: This version of subsection (3) is effective until July 1, 2020.] The juvenile shall be released to the care of such juvenile's parents or other responsible adult, unless a determination has been made in accordance with subsection (2) of this section that such juvenile's immediate welfare or the protection of the community requires that such juvenile be detained. The court may make reasonable orders as conditions of said release, which conditions may include participation in a preadjudication service program established pursuant to section 19-2-302. In addition, the court may provide that any violation of such orders shall subject the juvenile to contempt sanctions of the court. The parent or other person to whom the juvenile is released shall be required to sign a written promise, on forms supplied by the court, to bring the juvenile to the court at a time set or to be set by the court. Failure, without good cause, to comply with the promise shall subject the juvenile's parent or any other person to whom the juvenile is released to contempt sanctions of the court. (3) [Editor's note: This version of subsection (3) is effective July 1, 2020.] (a) The juvenile must be released to the care of the juvenile's parents, kin, or other responsible adult, unless a determination has been made in accordance with subsection (2) of this section that the juvenile's substantial risk of serious harm to others requires that the juvenile be detained. The court may make reasonable orders as conditions of release pursuant to section 19-2-508 (5). In addition, the court may provide that any violation of such orders may subject the juvenile to contempt sanctions of the court. The parent, kin, or other person to whom the juvenile is released is required to sign a written promise, on forms supplied by the court, to bring the juvenile to the court at a time set or to be set by the court. Failure, without good cause, to comply with the promise subjects the juvenile's parent or any other person to whom the juvenile is released to contempt sanctions of the court. (b) Parents or legal guardians of a juvenile released from detention pursuant to this section shall complete the relative information form described in section 19-2-212 (1)(h) no later than the next hearing on the matter. (4) [Editor's note: This version of subsection (4) is effective until July 1, 2020.] (a) Except as provided in paragraph (b) of this subsection (4), a juvenile shall not be detained by law enforcement officials any longer than is reasonably necessary to obtain basic identification information and to contact his or her parents, guardian, or legal custodian. (b) If he or she is not released as provided in subsection (3) of this section, he or she shall be taken directly to the court or to the place of detention, a temporary holding facility, or a shelter designated by the court without unnecessary delay. (4) [Editor's note: This version of subsection (4) is effective July 1, 2020.] (a) Except as provided in subsection (4)(b) of this section, a law enforcement officer shall not detain a juvenile any longer than is reasonably necessary to obtain basic identification information and to contact his or her parents, guardian, or legal custodian. Colorado Revised Statutes 2019 Page 153 of 445 Uncertified Printout (b) If he or she is not released as provided in subsection (3) of this section, he or she must be taken directly to the court or to the place of detention, a temporary holding facility, a temporary shelter designated by the court, or a preadjudication service program established pursuant to section 19-2-302 without unnecessary delay. (5) (a) As an alternative to taking a juvenile into temporary custody pursuant to subsections (1), (3), and (4) of this section, a law enforcement officer may, if authorized by the establishment of a policy that permits such service by order of the chief judge of the judicial district or the presiding judge of the Denver juvenile court, which policy is established after consultation between such judge and the district attorney and law enforcement officials in the judicial district, serve a written promise to appear for juvenile proceedings based on any act that would constitute a felony, misdemeanor, or petty offense upon the juvenile and the juvenile's parent, guardian, or legal custodian. (b) A promise to appear served pursuant to paragraph (a) of this subsection (5) must state any charges against the juvenile and the date, time, and place where such juvenile shall be required to answer such charges. The promise to appear must also state: (I) That the juvenile has the right to have the assistance of counsel; (II) That counsel can be appointed for the juvenile if the juvenile and the juvenile's parent, guardian, or legal custodian lack adequate resources to retain counsel or the juvenile's parent, guardian, or legal custodian refuses to retain counsel for the juvenile; (III) That, to determine if the juvenile is eligible for court-appointed counsel, or to apply for court-appointed counsel, the juvenile's parent, guardian, or legal custodian is advised to call the office of the state public defender, visit the state public defender's office, or visit the state public defender's internet website; (IV) That, to avoid delay in obtaining counsel, the juvenile's parent, guardian, or legal custodian is advised to apply for court-appointed counsel at least five days before the juvenile's promised date of appearance; and (V) The contact information for the local office of the state public defender, including the office's telephone number and address, and the address of the internet website of the office of the state public defender. (b.5) A law enforcement officer who serves a juvenile or a juvenile's parent, guardian, or legal custodian with a written promise to appear in a court that participates in the court reminder program established in section 13-3-101 (14)(a)(I) shall notify the person served that the juvenile and the juvenile's parent, guardian, or legal custodian can elect to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures, and shall provide the opportunity for the juvenile and the juvenile's parent, guardian, or legal custodian to provide a mobile telephone number or update a mobile telephone number for that purpose. (c) The promise to appear shall be signed by the juvenile. The promise to appear shall be served upon the juvenile's parent, guardian, or legal custodian by personal service or by certified mail, return receipt requested. The date established for the juvenile and the juvenile's parent, guardian, or legal custodian to appear shall not be earlier than seven days nor later than thirty days after the promise to appear is served upon both the juvenile and the juvenile's parent, guardian, or legal custodian. Colorado Revised Statutes 2019 Page 154 of 445 Uncertified Printout Source: L. 96: Entire article amended with relocations, p. 1629, § 1, effective January 1, 1997. L. 2014: (5) amended, (HB 14-1032), ch. 247, p. 948, § 1, effective November 1. L. 2017: (2) amended, (HB 17-1207), ch. 269, p. 1482, § 3, effective May 31. L. 2019: (5)(b.5) added, (SB 19-036), ch. 293, p. 2688, § 6, effective August 2; (2), (3), and (4) amended, (SB 19-108), ch. 294, p. 2707, § 10, effective July 1, 2020. Editor's note: This section was formerly numbered as 19-2-203. Prior to relocation in 1996, the said section 19-2-203 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-507.5. Limitations on detention. [Editor's note: This section is effective July 1, 2020.] (1) Detention is not permitted for the following: (a) Juveniles who have not committed, or have not been accused of committing, a delinquent act unless otherwise found in contempt of court; (b) Delinquent and nondelinquent juveniles who have been placed in the legal custody of a county department of human or social services pursuant to a petition in dependency or neglect and are solely awaiting out-of-home placement; (c) Juveniles who at admission require medical care, are intoxicated, or are under the influence of drugs, to an extent that custody of the juvenile is beyond the scope of the detention facility's medical service capacity; (d) Juveniles who are solely assessed as suicidal or exhibit behavior placing them at imminent risk of suicide; and (e) Juveniles who have not committed a delinquent act but present an imminent danger to self or others or appear to be gravely disabled as a result of a mental health condition or an intellectual and developmental disability. (2) A juvenile court shall not order a juvenile who is ten years of age and older but less than thirteen years of age to detention unless the juvenile has been arrested for a felony or weapons charge pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5. A preadjudication service program created pursuant to section 19-2-302 shall evaluate a juvenile described in this subsection (2). The evaluation may result in the juvenile: (a) Remaining in the custody of a parent or legal guardian; (b) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section 19-1-103 (71.3), or other suitable person under such conditions as the court may impose; (c) Being placed in a temporary shelter facility; or (d) Being referred to a local county department of human or social services for assessment for placement. (3) A juvenile shall not be placed in detention solely: (a) Due to lack of supervision alternatives, service options, or more appropriate facilities; (b) Due to the community's inability to provide treatment or services; (c) Due to a lack of supervision in the home or community; (d) In order to allow a parent, guardian, or legal custodian to avoid his or her legal responsibility; Colorado Revised Statutes 2019 Page 155 of 445 Uncertified Printout (e) Due to a risk of the juvenile's self-harm; (f) In order to attempt to punish, treat, or rehabilitate the juvenile; (g) Due to a request by a victim, law enforcement, or the community; (h) In order to permit more convenient administrative access to the juvenile; (i) In order to facilitate further interrogation or investigation; or (j) As a response to technical violations of probation unless the results of a detention screening instrument indicate that the juvenile poses a substantial risk of serious harm to others or if the applicable graduated responses system adopted pursuant to section 19-2-925 allows for such a placement. Source: L. 2019: Entire section added, (SB 19-108), ch. 294, p. 2705, § 9, effective July 1, 2020. 19-2-508. Detention and shelter - hearing - time limits - findings - review confinement with adult offenders - restrictions. [Editor's note: This version of this section is effective until July 1, 2020.] (1) A juvenile who must be taken from his or her home but who does not require physical restriction must be given temporary care in a shelter facility designated by the court or the county department of human or social services and must not be placed in detention. (2) (a) Unless placement is prohibited pursuant to subsection (2)(b) of this section, when a juvenile is placed in a detention facility, in a temporary holding facility, or in a shelter facility designated by the court, the screening team shall promptly so notify the court, the district attorney, and the local office of the state public defender. The screening team shall also notify a parent or legal guardian or, if a parent or legal guardian cannot be located within the county, the person with whom the juvenile has been residing and inform him or her of the right to a prompt hearing to determine whether the juvenile is to be detained further. The court shall hold the detention hearing within forty-eight hours, excluding Saturdays, Sundays, and legal holidays. For a juvenile being held in detention on a warrant for violating a valid court order on a status offense, the court shall hold the detention hearing within twenty-four hours, excluding Saturdays, Sundays, and legal holidays. (b) A juvenile who is ten years of age and older but less than thirteen years of age may not be ordered to detention unless the juvenile has been arrested for a felony or weapons charge pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5. A preadjudication service program created pursuant to section 19-2-302 shall evaluate a juvenile described in this subsection (2)(b). The evaluation may result in the juvenile: (I) Remaining in the custody of a parent, guardian, or legal custodian; or (II) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section 19-1-103 (71.3), or other suitable person under such conditions as the court may impose; or (III) Being placed in a shelter facility; or (IV) Being referred to a local county department of human or social services for assessment for placement. (2.5) A juvenile who is detained for committing a delinquent act shall be represented at the detention hearing by counsel. If the juvenile has not retained his or her own counsel, the court shall appoint the office of the state public defender or, in the case of a conflict, the office of Colorado Revised Statutes 2019 Page 156 of 445 Uncertified Printout alternate defense counsel to represent the juvenile. This appointment shall continue if the court appoints the office of the state public defender or the office of alternate defense counsel pursuant to section 19-2-706 (2)(a) unless: (a) The juvenile retains his or her own counsel; or (b) The juvenile makes a knowing, intelligent, and voluntary waiver of his or her right to counsel, as described in section 19-2-706 (2)(c). (3) (a) (I) A juvenile taken into custody pursuant to this article and placed in a detention or shelter facility or a temporary holding facility is entitled to a hearing within forty-eight hours, excluding Saturdays, Sundays, and legal holidays, of such placement to determine if he or she should be detained. The time of the detention hearing must allow defense counsel sufficient time to consult with the juvenile before the detention hearing. This consultation may be performed by secure electronic means if the conditions under which the electronic consultation is held allow the consultation to be confidential. The time in which the hearing must be held may be extended for a reasonable time by order of the court upon good cause shown. (I.5) The law enforcement agency that arrested the juvenile shall promptly provide to the court and to defense counsel the affidavit supporting probable cause for the arrest and the arrest report, if the arrest report is available, and the screening team shall promptly provide to the court and to defense counsel any screening material prepared pursuant to the juvenile's arrest. Upon completion of the detention hearing, the defense shall return any materials received pursuant to this subparagraph (I.5) unless the appointment is continued at the conclusion of the hearing. (II) The only purposes of a detention hearing are to determine if a juvenile should be detained further and to define conditions under which he or she may be released, if his or her release is appropriate. A detention hearing shall not be combined with a preliminary hearing or a first advisement. Due to the limited scope of a detention hearing, the representation of a juvenile by appointed counsel at a detention hearing does not, by itself, create a basis for disqualification in the event that such counsel is subsequently appointed to represent another individual whose case is related to the juvenile's case. (III) With respect to this section, the court may further detain the juvenile only if the court finds from the information provided at the hearing that the juvenile is a danger to himself or herself or to the community; except that a juvenile who is ten years of age and older but less than thirteen years of age may not be ordered to further detention unless the juvenile has been arrested or adjudicated for a felony or weapons charge pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5. The court shall receive any information having probative value regardless of its admissibility under the rules of evidence. In determining whether a juvenile requires detention, the court shall consider any record of any prior adjudications of the juvenile. There is a rebuttable presumption that a juvenile is a danger to himself or herself or to the community if: (A) The juvenile is alleged to have committed a felony enumerated as a crime of violence pursuant to section 18-1.3-406, C.R.S.; or (B) The juvenile is alleged to have used, or possessed and threatened to use, a firearm during the commission of any felony offense against a person, as such offenses are described in article 3 of title 18, C.R.S.; or (C) The juvenile is alleged to have committed possessing a dangerous or illegal weapon, as described in section 18-12-102, C.R.S.; possession of a defaced firearm, as described in section 18-12-103, C.R.S.; unlawfully carrying a concealed weapon, as described in section 18Colorado Revised Statutes 2019 Page 157 of 445 Uncertified Printout 12-105, C.R.S.; unlawfully carrying a concealed weapon on school, college, or university grounds, as described in section 18-12-105.5, C.R.S.; prohibited use of weapons, as described in section 18-12-106, C.R.S.; illegal discharge of a firearm, as described in section 18-12-107.5, C.R.S.; or illegal possession of a handgun by a juvenile, as described in section 18-12-108.5, C.R.S. (III.5) Notwithstanding the provisions of subparagraph (III) of this paragraph (a), there shall be no presumption under sub-subparagraph (C) of subparagraph (III) of this paragraph (a) that a juvenile is a danger to himself or herself or the community if the item in the possession of the juvenile is alleged to be a BB gun, a pellet gun, or a gas gun. (IV) Except as provided in subsection (3)(a)(IV.5) of this section, at the conclusion of the hearing, the court shall enter one of the following orders, while ensuring efforts are made to keep the juvenile with his or her parent, guardian, or legal custodian: (A) That the juvenile be released to the custody of a parent, guardian, or legal custodian without the posting of bond; (B) That the juvenile be placed in a shelter facility; (C) That bail be set and that the juvenile be released upon the posting of that bail; (D) That no bail be set and that the juvenile be detained without bail upon a finding that such juvenile is a danger to himself or herself or to the community. Any juvenile who is detained without bail must be tried on the charges in the petition filed pursuant to subparagraph (V) of this paragraph (a) within the time limits set forth in section 19-2-108, unless the juvenile is deemed to have waived the time limit for an adjudicatory trial pursuant to section 19-2-107 (4). (E) That no bail be set and that, upon the court's finding that the juvenile is a danger to himself or herself or to the community, the juvenile be placed in a preadjudication service program established pursuant to section 19-2-302. This sub-subparagraph (E) shall not apply to any case in which the juvenile's alleged offense is one of the offenses described in subparagraph (III) of this paragraph (a). (IV.5) A preadjudication service program created pursuant to section 19-2-302 shall evaluate a juvenile described in subsection (2)(b) of this section. The evaluation may result in the juvenile: (A) Remaining in the custody of a parent, guardian, or legal custodian; or (B) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section 19-1-103 (71.3), or other suitable person under such conditions as the court may impose; or (C) Being placed in a shelter facility; or (D) Being referred to a local county department of human or social services for assessment for placement. (V) When the court orders further detention of the juvenile or placement of the juvenile in a preadjudication service program after a detention hearing, the district attorney shall file a petition alleging the juvenile to be a delinquent within seventy-two hours after the detention hearing, excluding Saturdays, Sundays, and legal holidays. The juvenile shall be held or shall participate in a preadjudication service program pending a hearing on the petition. Upon a showing of good cause, the court may extend such time for the filing of charges. (VI) Following the detention hearing, if the court orders that the juvenile be released and, as a condition of such release, requires the juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement. Colorado Revised Statutes 2019 Page 158 of 445 Uncertified Printout (VII) If the court orders further detention of a juvenile pursuant to the provisions of this section, said order shall contain specific findings as follows: (A) Whether placement of the juvenile out of his or her home would be in the juvenile's and the community's best interests; (B) Whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home, whether it is reasonable that such efforts not be provided due to the existence of an emergency situation that requires the immediate removal of the juvenile from the home, or whether such efforts not be required due to the circumstances described in section 19-1-115 (7); and (C) Whether procedural safeguards to preserve parental rights have been applied in connection with the removal of the juvenile from the home, any change in the juvenile's placement in a community placement, or any determination affecting parental visitation of the juvenile. (b) (I) If it appears that any juvenile being held in detention or shelter may have an intellectual and developmental disability, as provided in article 10.5 of title 27, the court or detention personnel shall refer the juvenile to the nearest community-centered board for an eligibility determination. If it appears that any juvenile being held in a detention or shelter facility pursuant to the provisions of this article 2 may have a mental health disorder, as provided in sections 27-65-105 and 27-65-106, the intake personnel or other appropriate personnel shall contact a mental health professional to do a mental health hospital placement prescreening on the juvenile. The court shall be notified of the contact and may take appropriate action. If a mental health hospital placement prescreening is requested, it shall be conducted in an appropriate place accessible to the juvenile and the mental health professional. A request for a mental health hospital placement prescreening must not extend the time within which a detention hearing must be held pursuant to this section. If a detention hearing has been set but has not yet occurred, the mental health hospital placement prescreening shall be conducted prior to the hearing; except that the prescreening must not extend the time within which a detention hearing must be held. (II) If a juvenile has been ordered detained pending an adjudication, disposition, or other court hearing and the juvenile subsequently appears to have a mental health disorder, as provided in section 27-65-105 or 27-65-106, the intake personnel or other appropriate personnel shall contact the court with a recommendation for a mental health hospital placement prescreening. A mental health hospital placement prescreening shall be conducted at any appropriate place accessible to the juvenile and the mental health professional within twenty-four hours of the request, excluding Saturdays, Sundays, and legal holidays. (III) When the mental health professional finds, as a result of the prescreening, that the juvenile may have a mental health disorder, the mental health professional shall recommend to the court that the juvenile be evaluated pursuant to section 27-65-105 or 27-65-106. (IV) Nothing in this subsection (3)(b) precludes the use of emergency procedures pursuant to section 27-65-105 (1). (c) (I) A juvenile taken to a detention or shelter facility or a temporary holding facility pursuant to section 19-2-502 as the result of an allegedly delinquent act that constitutes any of the offenses described in subparagraph (III) of paragraph (a) of this subsection (3) shall not be released from such facility if a law enforcement agency has requested that a detention hearing be held to determine whether the juvenile's immediate welfare or the protection of the community requires that the juvenile be detained. A juvenile shall not thereafter be released from detention Colorado Revised Statutes 2019 Page 159 of 445 Uncertified Printout except after a hearing, reasonable advance notice of which has been given to the district attorney, alleging new circumstances concerning the further detention of the juvenile. (II) Following a detention hearing held in accordance with subparagraph (I) of this paragraph (c), a juvenile who is to be tried as an adult for criminal proceedings pursuant to a direct filing or transfer shall not be held at any adult jail or pretrial facility unless the district court finds, after a hearing held pursuant to subparagraph (IV), (V), or (VI) of this paragraph (c), that an adult jail is the appropriate place of confinement for the juvenile. (III) In determining whether an adult jail is the appropriate place of confinement for the juvenile, the district court shall consider the following factors: (A) The age of the juvenile; (B) Whether, in order to provide physical separation from adults, the juvenile would be deprived of contact with other people for a significant portion of the day or would not have access to recreational facilities or age-appropriate educational opportunities; (C) The juvenile's current emotional state, intelligence, and developmental maturity, including any emotional and psychological trauma, and the risk to the juvenile caused by his or her placement in an adult jail, which risk may be evidenced by mental health or psychological assessments or screenings made available to the district attorney and to defense counsel; (D) Whether detention in a juvenile facility will adequately serve the need for community protection pending the outcome of the criminal proceedings; (E) Whether detention in a juvenile facility will negatively impact the functioning of the juvenile facility by compromising the goals of detention to maintain a safe, positive, and secure environment for all juveniles within the facility; (F) The relative ability of the available adult and juvenile detention facilities to meet the needs of the juvenile, including the juvenile's need for mental health and educational services; (G) Whether the juvenile presents an imminent risk of harm to himself or herself or others within a juvenile facility; (H) The physical maturity of the juvenile; and (I) Any other relevant factors. (IV) After charges are filed directly in district court against a juvenile pursuant to section 19-2-517 or a juvenile is transferred to district court pursuant to section 19-2-518, the division of youth services may petition the district court to transport the juvenile to an adult jail. The district court shall hold a hearing on the place of pretrial detention for the juvenile as soon as practicable, but no later than twenty-one days after the receipt of the division's petition to transport. The district attorney, sheriff, or juvenile may file a response to the petition and participate in the hearing. The juvenile shall remain in a juvenile detention facility pending hearing and decision by the district court. (V) If a juvenile is placed in the division of youth services and is being tried in district court, the division of youth services may petition the court for an immediate hearing to terminate juvenile detention placement if the juvenile's placement in a juvenile detention facility presents an imminent danger to the other juveniles or to staff at the detention facility. In making its determination, the court shall review the factors set forth in subsection (3)(c)(III) of this section. (VI) If the district court determines that an adult jail is the appropriate place of confinement for the juvenile, the juvenile may petition the court for a review hearing. The juvenile may not petition for a review hearing within thirty days after the initial confinement decision or within thirty days after any subsequent review hearing. Upon receipt of the petition, Colorado Revised Statutes 2019 Page 160 of 445 Uncertified Printout the court may set the matter for a hearing if the juvenile has alleged facts or circumstances that, if true, would warrant reconsideration of the juvenile's placement in an adult jail based upon the factors set forth in subparagraph (III) of this paragraph (c) and the factors previously relied upon by the court. (3.5) Repealed. (4) (a) No jail shall receive a juvenile for detention following a detention hearing pursuant to this section unless the juvenile has been ordered by the court to be held for criminal proceedings as an adult pursuant to a transfer or unless the juvenile is to be held for criminal proceedings as an adult pursuant to a direct filing. No juvenile under the age of fourteen and, except upon order of the court, no juvenile fourteen years of age or older shall be detained in a jail, lockup, or other place used for the confinement of adult offenders. The exception for detention in a jail shall be used only if the juvenile is being held for criminal proceedings as an adult pursuant to a direct filing or transfer. (b) Whenever a juvenile is held pursuant to a direct filing or transfer in a facility where adults are held, the juvenile shall be physically segregated from the adult offenders. (b.5) (I) When a juvenile who is to be held for criminal proceedings as an adult pursuant to a direct filing or transfer of charges, as provided in sections 19-2-517 and 19-2-518, respectively, is received at a jail or other facility for the detention of adult offenders, the official in charge of the jail or facility, or his or her designee, shall, as soon as practicable, contact the person designated pursuant to section 22-32-141, C.R.S., by the school district in which the jail or facility is located to request that the school district provide educational services for the juvenile for the period during which the juvenile is held at the jail or facility. The school district shall provide the educational services in accordance with the provisions of section 22-32-141, C.R.S. The official, in cooperation with the school district, shall provide an appropriate and safe environment to the extent practicable in which the juvenile may receive educational services. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b.5), if either the official in charge of the jail or facility or the school district determines that an appropriate and safe environment cannot be provided for a specific juvenile, the official and the school district shall be exempt from the requirement to provide educational services to the juvenile until such time as an environment that is determined to be appropriate and safe by both the official and the school district can be provided. If the school district will not be providing educational services to a juvenile because of the lack of an appropriate and safe environment, the official in charge of the jail or facility shall notify the juvenile, his or her parent or legal guardian, the juvenile's defense attorney, and the court having jurisdiction over the juvenile's case. (III) The official in charge of the jail or facility for the detention of adult offenders, or his or her designee, in conjunction with each school district that provides educational services at the jail or facility, shall annually collect nonidentifying data concerning: (A) The number of juveniles held at the jail or facility who are awaiting criminal proceedings as an adult pursuant to a direct filing or transfer of charges, as provided in sections 19-2-517 and 19-2-518, respectively, for the year; (B) The length of stay of each of the juveniles in the jail or facility; (C) The number of the juveniles in the jail or facility who received educational services pursuant to this paragraph (b.5); Colorado Revised Statutes 2019 Page 161 of 445 Uncertified Printout (D) The number of days on which school districts provided educational services to the juveniles in the jail or facility and the number of hours for which school districts provided the educational services each day; (E) The number of juveniles in the jail or facility who were exempt from receiving educational services pursuant to section 22-32-141 (2)(c), (2)(e), (2)(f), and (2)(g), C.R.S.; (F) The number of juveniles in the jail or facility who had previously been determined pursuant to section 22-20-108, C.R.S., to be eligible for special education services and had an individualized education program; and (G) The number of juveniles in the jail or facility who, while receiving educational services at the jail or facility, were determined pursuant to section 22-20-108, C.R.S., to be eligible for special education services and had subsequently received an individualized education program. (IV) The official in charge of the jail or facility shall submit the information collected pursuant to subparagraph (III) of this paragraph (b.5) to the division of criminal justice in the department of public safety. The division of criminal justice shall make the information available to a member of the public upon request. (c) The official in charge of a jail or other facility for the detention of adult offenders shall immediately inform the court that has jurisdiction of the juvenile's alleged offense when a juvenile who is or appears to be under eighteen years of age is received at the facility, except for a juvenile ordered by the court to be held for criminal proceedings as an adult. (d) (I) Any juvenile arrested and detained for an alleged violation of any article of title 42, C.R.S., or for any alleged violation of a municipal or county ordinance, and not released on bond, shall be taken before a judge with jurisdiction of such violation within forty-eight hours for the fixing of bail and conditions of bond pursuant to subparagraph (IV) of paragraph (a) of subsection (3) of this section. A juvenile may be detained in a jail, lockup, or other place used for the confinement of adult offenders only for processing for no longer than six hours and during such time shall be placed in a setting that is physically segregated by sight and sound from the adult offenders, and in no case may the juvenile be detained in such place overnight. After six hours, the juvenile may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time under this subsection (4), Saturdays, Sundays, and legal holidays shall be included. (II) A sheriff or police chief who violates the provisions of subparagraph (I) of this paragraph (d) may be subject to a civil fine of no more than one thousand dollars. The decision to fine shall be based on prior violations of the provisions of subparagraph (I) of this paragraph (d) by the sheriff or police chief and the willingness of the sheriff or police chief to address the violations in order to comply with subparagraph (I) of this paragraph (d). (e) The official in charge of a jail, lockup, or other facility for the confinement of adult offenders that receives a juvenile for detention should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any such juvenile with known past or current affiliations or associations with any gang so as to prevent contact with other inmates at such jail, lockup, or other facility. The official should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new gang members from among the general inmate population. For purposes of this paragraph (e), "gang" is defined in section 19-1-103 (52). Colorado Revised Statutes 2019 Page 162 of 445 Uncertified Printout (f) Any person who is eighteen years of age or older who is being detained for a delinquent act or criminal charge over which the juvenile court has jurisdiction, or for which charges are pending in district court pursuant to a direct filing or transfer if the person has not already been transferred to the county jail pursuant to the provisions of subparagraph (IV) of paragraph (c) of subsection (3) of this section, shall be detained in the county jail in the same manner as if such person is charged as an adult. (g) A juvenile court shall not order a juvenile offender who is under eighteen years of age at the time of sentencing to enter a secure setting or secure section of an adult jail or lockup as a disposition for an offense or as a means of modifying the juvenile offender's behavior. (5) A juvenile has the right to bail as limited by the provisions of this section. (6) Except for a juvenile described in subsection (2)(b) of this section, the court may also issue temporary orders for legal custody as provided in section 19-1-115. (7) Any law enforcement officer, employee of the division of youth services, or another person acting under the direction of the court who in good faith transports any juvenile, releases any juvenile from custody pursuant to a written policy of a court, releases any juvenile pursuant to any written criteria established pursuant to this title 19, or detains any juvenile pursuant to court order or written policy or criteria established pursuant to this title 19 is immune from civil or criminal liability that might otherwise result by reason of such act. For purposes of any proceedings, civil or criminal, the good faith of any such person is presumed. (8) (a) A juvenile who allegedly commits a status offense or is convicted of a status offense shall not be held in a secure area of a jail or lockup. (b) A sheriff or police chief who violates the provisions of paragraph (a) of this subsection (8) may be subject to a civil fine of no more than one thousand dollars. The decision to fine shall be based on prior violations of the provisions of paragraph (a) of this subsection (8) by the sheriff or police chief and the willingness of the sheriff or police chief to address the violations in order to comply with paragraph (a) of this subsection (8). 19-2-508. Detention and temporary shelter - hearing - time limits - findings - review - confinement with adult offenders - restrictions. [Editor's note: This version of this section is effective July 1, 2020.] (1) Unless placement is prohibited pursuant to section 19-2-507.5, when a juvenile is placed in a detention facility, in a temporary holding facility, or in a temporary shelter facility designated by the court, the screening team shall promptly notify the court, the district attorney, and the local office of the state public defender. The screening team shall also notify a parent or legal guardian or, if a parent or legal guardian cannot be located within the county, the person with whom the juvenile has been residing and inform him or her of the right to a prompt hearing to determine whether the juvenile is to be detained further. The court shall hold the detention hearing within forty-eight hours, excluding Saturdays, Sundays, and legal holidays. For a juvenile being held in detention on a warrant for violating a valid court order on a status offense, the court shall hold the detention hearing within twenty-four hours, excluding Saturdays, Sundays, and legal holidays. (2) A juvenile who is detained for committing a delinquent act must be represented at the detention hearing by counsel. If the juvenile has not retained his or her own counsel, the court shall appoint the office of the state public defender or, in the case of a conflict, the office of alternate defense counsel to represent the juvenile. This appointment continues if the court Colorado Revised Statutes 2019 Page 163 of 445 Uncertified Printout appoints the office of the state public defender or the office of alternate defense counsel pursuant to section 19-2-706 (2)(a) unless: (a) The juvenile retains his or her own counsel; or (b) The juvenile makes a knowing, intelligent, and voluntary waiver of his or her right to counsel, as described in section 19-2-706 (2)(c). (3) (a) (I) A juvenile taken into custody pursuant to this article 2 and placed in a detention or temporary shelter facility or a temporary holding facility is entitled to a hearing within forty-eight hours, excluding Saturdays, Sundays, and legal holidays, of such placement to determine if he or she should be detained. The time of the detention hearing must allow defense counsel sufficient time to consult with the juvenile before the detention hearing. This consultation may be performed by secure electronic means if the conditions under which the electronic consultation is held allow the consultation to be confidential. The time in which the hearing must be held may be extended for a reasonable time by order of the court upon good cause shown. (II) The law enforcement agency that arrested the juvenile shall promptly provide to the court and to defense counsel the affidavit supporting probable cause for the arrest and the arrest report, if the arrest report is available, and the screening team shall promptly provide to the court and to defense counsel results from the detention risk screening prepared pursuant to the juvenile's arrest. Upon completion of the detention hearing, the defense shall return any materials received pursuant to this subsection (3)(a)(II) unless the appointment is continued at the conclusion of the hearing. (III) The only purposes of a detention hearing are to determine if a juvenile should be detained further and to define conditions under which he or she may be released, if his or her release is appropriate. A detention hearing shall not be combined with a preliminary hearing or a first advisement. Due to the limited scope of a detention hearing, the representation of a juvenile by appointed counsel at a detention hearing does not, by itself, create a basis for disqualification in the event that such counsel is subsequently appointed to represent another individual whose case is related to the juvenile's case. (IV) With respect to this section, the court may further detain the juvenile only if the court finds from the information provided at the hearing that: (A) Probable cause exists to believe that the delinquent act charged was committed by the juvenile; (B) On and after thirty days after the screening instrument has been developed or adopted pursuant to section 19-2-212, the validated detention screening instrument has been administered and the juvenile scored as detention-eligible; or there are grounds to override the result of the detention screening instrument based on the criteria developed in accordance with section 19-2-212; and (C) The juvenile poses a substantial risk of serious harm to others or a substantial risk of flight from prosecution and community-based alternatives to detention are insufficient to reasonably mitigate that risk. Flight from prosecution is distinguished from simple failure to appear and must generally be evidenced by a demonstrated record of repeat, recent willful failures to appear at a scheduled court appearance. (V) A court shall not order further detention for a juvenile who is ten years of age and older but less than thirteen years of age unless the juvenile has been arrested or adjudicated for a felony or weapons charge pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5. Colorado Revised Statutes 2019 Page 164 of 445 Uncertified Printout The court shall receive any information having probative value regardless of its admissibility under the rules of evidence. In determining whether a juvenile requires detention, the court shall consider the results of the detention screening instrument. There is a rebuttable presumption that a juvenile poses a substantial risk of serious harm to others if: (A) The juvenile is alleged to have committed a felony enumerated as a crime of violence pursuant to section 18-1.3-406; or (B) The juvenile is alleged to have used, or possessed and threatened to use, a firearm during the commission of any felony offense against a person, as such offenses are described in article 3 of title 18; or (C) The juvenile is alleged to have committed possessing a dangerous or illegal weapon, as described in section 18-12-102; possession of a defaced firearm, as described in section 1812-103; unlawfully carrying a concealed weapon, as described in section 18-12-105; unlawfully carrying a concealed weapon on school, college, or university grounds, as described in section 18-12-105.5; prohibited use of weapons, as described in section 18-12-106; illegal discharge of a firearm, as described in section 18-12-107.5; or illegal possession of a handgun by a juvenile, as described in section 18-12-108.5. (VI) Notwithstanding the provisions of subsection (3)(a)(IV) of this section, there is no presumption under subsection (3)(a)(IV)(C) of this section that a juvenile poses a substantial risk of serious harm to others if the item in the possession of the juvenile is alleged to be a BB gun, a pellet gun, or a gas gun. (VII) Except as provided in subsection (3)(a)(IX) of this section, at the conclusion of the hearing, the court shall enter one of the following orders, while ensuring efforts are made to keep the juvenile with his or her parent, guardian, or legal custodian: (A) That the juvenile be released to the custody of a parent, guardian, legal custodian, kin, or other suitable person without the posting of bond; (B) That the juvenile be placed in a temporary shelter facility; (C) That bail be set and that the juvenile be released upon the posting of that bail; (D) That no bail be set and that the juvenile be detained without bail upon a finding that such juvenile poses a substantial risk of serious harm to others. Any juvenile who is detained without bail must be tried on the charges in the petition filed pursuant to subsection (3)(a)(IX) of this section within the time limits set forth in section 19-2-108, unless the juvenile is deemed to have waived the time limit for an adjudicatory trial pursuant to section 19-2-107 (4). (E) That no bail be set and that, upon the court's finding that the juvenile poses a substantial risk of serious harm to others, the juvenile be placed in a preadjudication service program established pursuant to section 19-2-302. This subsection (3)(a)(VII)(E) does not apply to any case in which the juvenile's alleged offense is one of the offenses described in subsection (3)(a)(IV) of this section. (VIII) A preadjudication service program created pursuant to section 19-2-302 shall evaluate a juvenile described in subsection (8) of this section. The evaluation may result in the juvenile: (A) Remaining in the custody of a parent, guardian, or legal custodian; or (B) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section 19-1-103 (71.3), or other suitable person under such conditions as the court may impose; or (C) Being placed in a temporary shelter facility; or Colorado Revised Statutes 2019 Page 165 of 445 Uncertified Printout (D) Being referred to a local county department of human or social services for assessment for placement. (IX) When the court orders further detention of the juvenile or placement of the juvenile in a preadjudication service program after a detention hearing, the district attorney shall file a petition alleging the juvenile to be a delinquent within seventy-two hours after the detention hearing, excluding Saturdays, Sundays, and legal holidays. The juvenile must be held or must participate in a preadjudication service program pending a hearing on the petition. Upon a showing of good cause, the court may extend such time for the filing of charges. (X) Following the detention hearing, if the court orders that the juvenile be released and, as a condition of such release, requires the juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement. (XI) If the court orders further detention of a juvenile pursuant to the provisions of this section, the order must contain specific findings as follows: (A) Whether placement of the juvenile out of his or her home would be in the juvenile's and the community's best interests; (B) Whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home, whether it is reasonable that such efforts not be provided due to the existence of an emergency situation that requires the immediate removal of the juvenile from the home, or whether such efforts not be required due to the circumstances described in section 19-1-115 (7); and (C) Whether procedural safeguards to preserve parental rights have been applied in connection with the removal of the juvenile from the home, any change in the juvenile's placement in a community placement, or any determination affecting parental visitation of the juvenile. (b) (I) If it appears that any juvenile being held in detention or temporary shelter may have an intellectual and developmental disability, as provided in article 10.5 of title 27, the court or detention personnel shall refer the juvenile to the nearest community-centered board for an eligibility determination. If it appears that any juvenile being held in a detention or temporary shelter facility pursuant to the provisions of this article 2 may have a mental health disorder, as provided in sections 27-65-105 and 27-65-106, the intake personnel or other appropriate personnel shall contact a mental health professional to do a mental health hospital placement prescreening on the juvenile. The court shall be notified of the contact and may take appropriate action. If a mental health hospital placement prescreening is requested, it must be conducted in an appropriate place accessible to the juvenile and the mental health professional. A request for a mental health hospital placement prescreening must not extend the time within which a detention hearing must be held pursuant to this section. If a detention hearing has been set but has not yet occurred, the mental health hospital placement prescreening must be conducted prior to the hearing; except that the prescreening must not extend the time within which a detention hearing must be held. (II) If a juvenile has been ordered detained pending an adjudication, disposition, or other court hearing and the juvenile subsequently appears to have a mental health disorder, as provided in section 27-65-105 or 27-65-106, the intake personnel or other appropriate personnel shall contact the court with a recommendation for a mental health hospital placement prescreening. A mental health hospital placement prescreening must be conducted at any appropriate place Colorado Revised Statutes 2019 Page 166 of 445 Uncertified Printout accessible to the juvenile and the mental health professional within twenty-four hours of the request, excluding Saturdays, Sundays, and legal holidays. (III) When the mental health professional finds, as a result of the prescreening, that the juvenile may have a mental health disorder, the mental health professional shall recommend to the court that the juvenile be evaluated pursuant to section 27-65-105 or 27-65-106. (IV) Nothing in this subsection (3)(b) precludes the use of emergency procedures pursuant to section 27-65-105 (1). (c) (I) A juvenile taken to a detention or temporary shelter facility or a temporary holding facility pursuant to section 19-2-502 as the result of an allegedly delinquent act that constitutes any of the offenses described in subsection (3)(a)(IV) of this section shall not be released from such facility if a law enforcement agency has requested that a detention hearing be held to determine whether the juvenile's substantial risk of serious harm to others requires that the juvenile be detained. A juvenile shall not thereafter be released from detention except after a hearing, reasonable advance notice of which has been given to the district attorney, alleging new circumstances concerning the further detention of the juvenile. (II) Following a detention hearing held in accordance with subsection (3)(c)(I) of this section, a juvenile who is to be tried as an adult for criminal proceedings pursuant to a direct filing or transfer shall not be held at any adult jail or pretrial facility unless the district court finds, after a hearing held pursuant to subsection (3)(c)(IV), (3)(c)(V), or (3)(c)(VI) of this section, that an adult jail is the appropriate place of confinement for the juvenile. (III) In determining whether an adult jail is the appropriate place of confinement for the juvenile, the district court shall consider the following factors: (A) The age of the juvenile; (B) Whether, in order to provide physical separation from adults, the juvenile would be deprived of contact with other people for a significant portion of the day or would not have access to recreational facilities or age-appropriate educational opportunities; (C) The juvenile's current emotional state, intelligence, and developmental maturity, including any emotional and psychological trauma, and the risk to the juvenile caused by his or her placement in an adult jail, which risk may be evidenced by mental health or psychological assessments or screenings made available to the district attorney and to defense counsel; (D) Whether detention in a juvenile facility will adequately serve the need for community protection pending the outcome of the criminal proceedings; (E) Whether detention in a juvenile facility will negatively impact the functioning of the juvenile facility by compromising the goals of detention to maintain a safe, positive, and secure environment for all juveniles within the facility; (F) The relative ability of the available adult and juvenile detention facilities to meet the needs of the juvenile, including the juvenile's need for mental health and educational services; (G) Whether the juvenile presents an imminent risk of serious harm to others within a juvenile facility; (H) The physical maturity of the juvenile; and (I) Any other relevant factors. (IV) After charges are filed directly in district court against a juvenile pursuant to section 19-2-517 or a juvenile is transferred to district court pursuant to section 19-2-518, the division of youth services may petition the district court to transport the juvenile to an adult jail. The district court shall hold a hearing on the place of pretrial detention for the juvenile as soon as Colorado Revised Statutes 2019 Page 167 of 445 Uncertified Printout practicable, but no later than twenty-one days after the receipt of the division's petition to transport. The district attorney, sheriff, or juvenile may file a response to the petition and participate in the hearing. The juvenile shall remain in a juvenile detention facility pending hearing and decision by the district court. (V) If a juvenile is placed in the division of youth services and is being tried in district court, the division of youth services may petition the court for an immediate hearing to terminate juvenile detention placement if the juvenile's placement in a juvenile detention facility presents an imminent danger to the other juveniles or to staff at the detention facility. In making its determination, the court shall review the factors set forth in subsection (3)(c)(III) of this section. (VI) If the district court determines that an adult jail is the appropriate place of confinement for the juvenile, the juvenile may petition the court for a review hearing. The juvenile may not petition for a review hearing within thirty days after the initial confinement decision or within thirty days after any subsequent review hearing. Upon receipt of the petition, the court may set the matter for a hearing if the juvenile has alleged facts or circumstances that, if true, would warrant reconsideration of the juvenile's placement in an adult jail based upon the factors set forth in subsection (3)(c)(III) of this section and the factors previously relied upon by the court. (4) (a) No jail shall receive a juvenile for detention following a detention hearing pursuant to this section unless the juvenile has been ordered by the court to be held for criminal proceedings as an adult pursuant to a transfer or unless the juvenile is to be held for criminal proceedings as an adult pursuant to a direct filing. No juvenile under the age of fourteen and, except upon order of the court, no juvenile fourteen years of age or older shall be detained in a jail, lockup, or other place used for the confinement of adult offenders. The exception for detention in a jail applies only if the juvenile is being held for criminal proceedings as an adult pursuant to a direct filing or transfer. (b) Whenever a juvenile is held pursuant to a direct filing or transfer in a facility where adults are held, the juvenile must be physically segregated from the adult offenders. (c) (I) When a juvenile who is to be held for criminal proceedings as an adult pursuant to a direct filing or transfer of charges, as provided in sections 19-2-517 and 19-2-518, respectively, is received at a jail or other facility for the detention of adult offenders, the official in charge of the jail or facility, or his or her designee, shall, as soon as practicable, contact the person designated pursuant to section 22-32-141, by the school district in which the jail or facility is located to request that the school district provide educational services for the juvenile for the period during which the juvenile is held at the jail or facility. The school district shall provide the educational services in accordance with the provisions of section 22-32-141. The official, in cooperation with the school district, shall provide an appropriate and safe environment to the extent practicable in which the juvenile may receive educational services. (II) Notwithstanding the provisions of subsection (4)(c)(I), if either the official in charge of the jail or facility or the school district determines that an appropriate and safe environment cannot be provided for a specific juvenile, the official and the school district are exempt from the requirement to provide educational services to the juvenile until such time as an environment that is determined to be appropriate and safe by both the official and the school district can be provided. If the school district will not be providing educational services to a juvenile because of the lack of an appropriate and safe environment, the official in charge of the jail or facility shall Colorado Revised Statutes 2019 Page 168 of 445 Uncertified Printout notify the juvenile, his or her parent or legal guardian, the juvenile's defense attorney, and the court having jurisdiction over the juvenile's case. (III) The official in charge of the jail or facility for the detention of adult offenders, or his or her designee, in conjunction with each school district that provides educational services at the jail or facility, shall annually collect nonidentifying data concerning: (A) The number of juveniles held at the jail or facility who are awaiting criminal proceedings as an adult pursuant to a direct filing or transfer of charges, as provided in sections 19-2-517 and 19-2-518, respectively, for the year; (B) The length of stay of each of the juveniles in the jail or facility; (C) The number of the juveniles in the jail or facility who received educational services pursuant to this subsection (4)(c); (D) The number of days on which school districts provided educational services to the juveniles in the jail or facility and the number of hours for which school districts provided the educational services each day; (E) The number of juveniles in the jail or facility who were exempt from receiving educational services pursuant to section 22-32-141 (2)(c), (2)(e), (2)(f), and (2)(g); (F) The number of juveniles in the jail or facility who had previously been determined pursuant to section 22-20-108 to be eligible for special education services and had an individualized education program; and (G) The number of juveniles in the jail or facility who, while receiving educational services at the jail or facility, were determined pursuant to section 22-20-108 to be eligible for special education services and had subsequently received an individualized education program. (IV) The official in charge of the jail or facility shall submit the information collected pursuant to subsection (4)(c)(III) of this section to the division of criminal justice in the department of public safety. The division of criminal justice shall make the information available to a member of the public upon request. (d) The official in charge of a jail or other facility for the detention of adult offenders shall immediately inform the court that has jurisdiction of the juvenile's alleged offense when a juvenile who is or appears to be under eighteen years of age is received at the facility, except for a juvenile ordered by the court to be held for criminal proceedings as an adult. (e) (I) Any juvenile arrested and detained for an alleged violation of any article of title 42, or for any alleged violation of a municipal or county ordinance, and not released on bond, must be taken before a judge with jurisdiction of such violation within forty-eight hours for the fixing of bail and conditions of bond pursuant to subsection (3)(a)(VII) of this section. A juvenile may be detained in a jail, lockup, or other place used for the confinement of adult offenders only for processing for no longer than six hours and during such time must be placed in a setting that is physically segregated by sight and sound from the adult offenders, and in no case may the juvenile be detained in such place overnight. After six hours, the juvenile may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time pursuant to this subsection (4), Saturdays, Sundays, and legal holidays are included. (II) A sheriff or police chief who violates the provisions of subsection (4)(e)(I) of this section may be subject to a civil fine of no more than one thousand dollars. The decision to fine must be based on prior violations of the provisions of subsection (4)(e)(I) of this section by the Colorado Revised Statutes 2019 Page 169 of 445 Uncertified Printout sheriff or police chief and the willingness of the sheriff or police chief to address the violations in order to comply with subsection (4)(e)(I) of this section. (f) The official in charge of a jail, lockup, or other facility for the confinement of adult offenders that receives a juvenile for detention should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any such juvenile with known past or current affiliations or associations with any gang so as to prevent contact with other inmates at such jail, lockup, or other facility. The official should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new gang members from among the general inmate population. For purposes of this subsection (4)(f), "gang" is defined in section 19-1-103 (52). (g) Any person who is eighteen years of age or older who is being detained for a delinquent act or criminal charge over which the juvenile court has jurisdiction, or for which charges are pending in district court pursuant to a direct filing or transfer if the person has not already been transferred to the county jail pursuant to the provisions of subsection (3)(c)(IV) of this section, shall be detained in the county jail in the same manner as if such person is charged as an adult. (h) A juvenile court shall not order a juvenile offender who is under eighteen years of age at the time of sentencing to enter a secure setting or secure section of an adult jail or lockup as a disposition for an offense or as a means of modifying the juvenile offender's behavior. (5) A juvenile has the right to bail as limited by the provisions of this section. (6) Except for a juvenile described in section 19-2-507.5 (2), the court may also issue temporary orders for legal custody as provided in section 19-1-115. (7) Any law enforcement officer, employee of the division of youth services, or another person acting under the direction of the court who in good faith transports any juvenile, releases any juvenile from custody pursuant to a written policy of a court, releases any juvenile pursuant to any written criteria established pursuant to this title 19, or detains any juvenile pursuant to court order or written policy or criteria established pursuant to this title 19 is immune from civil or criminal liability that might otherwise result by reason of such act. For purposes of any proceedings, civil or criminal, the good faith of any such person is presumed. (8) (a) A juvenile who allegedly commits a status offense or is convicted of a status offense shall not be held in a secure area of a jail or lockup. (b) A sheriff or police chief who violates the provisions of subsection (8)(a) of this section may be subject to a civil fine of no more than one thousand dollars. The decision to fine must be based on prior violations of the provisions of subsection (8)(a) of this section by the sheriff or police chief and the willingness of the sheriff or police chief to address the violations in order to comply with subsection (8)(a) of this section. Source: L. 96: Entire article amended with relocations, p. 1630, § 1, effective January 1, 1997. L. 99: (3)(a)(VII) added, p. 909, § 3, effective July 1. L. 2001: (3)(a)(VII) amended, p. 843, § 4, effective June 1. L. 2002: (3)(b) amended, p. 576, § 8, effective May 24; (3)(a)(III)(A) amended, p. 1524, § 226, effective October 1. L. 2003: (3)(a)(III.5) added, p. 1902, § 4, effective July 1. L. 2005: (3)(b)(III) amended, p. 1054, § 3, effective July 1. L. 2006: (4)(d) amended and (4)(g) and (8) added, pp. 256, 257, §§ 2, 3, effective March 31; (3)(b)(I), (3)(b)(II), and (3)(b)(III) amended, p. 1400, § 53, effective August 7. L. 2007: (3.5) added, p. 1107, § 1, effective August 3. L. 2009: (3)(c) amended, (HB 09-1321), ch. 351, p. 1833, § 1, effective June Colorado Revised Statutes 2019 Page 170 of 445 Uncertified Printout 1. L. 2010: (3)(b) amended, (SB 10-175), ch. 188, p. 789, § 38, effective April 29; (3)(c)(II)(F) amended and (4)(b.5) added, (SB 10-054), ch. 265, pp. 1215, 1212, §§ 7, 4, effective May 25. L. 2012: (3)(c) amended, (HB 12-1139), ch. 18, p. 49, § 1, effective March 15. L. 2013: (4)(f) amended, (SB 13-229), ch. 272, p. 1430, § 11, effective July 1. L. 2014: (2), (3)(a)(I), (3)(a)(II), and IP(3)(a)(III) amended and (2.5) and (3)(a)(I.5) added, (HB 14-1032), ch. 247, p. 949, § 2, effective November 1. L. 2017: (3)(b) amended, (SB 17-242), ch. 263, p. 1311, § 154, effective May 25; (2), IP(3)(a)(III), IP(3)(a)(IV), and (6) amended and (3)(a)(IV.5) added, (HB 17-1207), ch. 269, p. 1482, § 4, effective May 31; (3)(c)(IV), (3)(c)(V), and (7) amended, (HB 17-1329), ch. 381, p. 1966, § 7, effective June 6. L. 2018: (1) amended, (SB 18-092), ch. 38, p. 414, § 44, effective August 8. L. 2019: Entire section amended, (SB 19-108), ch. 294, p. 2708, § 11, effective July 1, 2020. Editor's note: (1) This section was formerly numbered as 19-2-204. Prior to relocation in 1996, the said section 19-2-204 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Subsection (3.5)(b) provided for the repeal of subsection (3.5), effective July 1, 2010. (See L. 2007, p. 1107.) Cross references: For the legislative declaration contained in the 1999 act enacting subsection (3)(a)(VII), see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative declaration contained in the 2001 act amending subsection (3)(a)(VII), see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration contained in the 2002 act amending subsection (3)(a)(III)(A), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-509. Bail. (1) Unless the district attorney consents, no juvenile charged or accused of having committed a delinquent act that constitutes a felony or a class 1 misdemeanor shall be released without a bond or on a personal recognizance bond, if: (a) The juvenile has been found guilty of a delinquent act constituting a felony or class 1 misdemeanor within one year prior to his or her detention; (b) The juvenile is currently at liberty on another bond of any type; or (c) The juvenile has a delinquency petition alleging a felony pending in any district or juvenile court for which probable cause has been established. (2) In lieu of a bond, a juvenile who the court determines poses a substantial risk of serious harm to others may be placed in a preadjudication service program established pursuant to section 19-2-302. (3) Any application for the revocation or modification of the amount, type, or conditions of bail must be made in accordance with section 16-4-109; except that the presumption described in section 19-2-508 (3)(a)(IV) must continue to apply for the purposes of this section. (4) (a) In determining the type of bond and conditions of release for the juvenile, the judge or magistrate fixing the same shall consider the criteria set forth in section 16-4-103, C.R.S. Colorado Revised Statutes 2019 Page 171 of 445 Uncertified Printout (b) In setting, modifying, or continuing any bail bond, it must be a condition that the released juvenile appear at any place and upon any date to which the proceeding is transferred or continued. Further conditions of every bail bond must be that the released juvenile not commit any delinquent acts or harass, intimidate, or threaten any potential witnesses. The judge or magistrate may set any other conditions or limitations on the release of the juvenile as are reasonably necessary for the protection of the community. Any juvenile who is held without bail or whose bail or bail bond is revoked or increased under an order entered at any time after the initial detention hearing pursuant to subsection (3) of this section and who remains in custody or detention, must be tried on the charges on which the bail is denied or the bail or bail bond is revoked or increased within sixty days after the entry of such order or within sixty days after the juvenile's entry of a plea, whichever date is earlier; except that, if the juvenile requests a jury trial pursuant to section 19-2-107, the provisions of section 19-2-107 (4) apply. (5) A surety or security on a bail bond may be subject to forfeiture only if the juvenile fails to appear for any scheduled court proceedings, of which the juvenile received proper notice. (6) The court may order that any personal recognizance bond be secured by the personal obligation of the juvenile and his or her parents, guardian, legal custodian, or other responsible adult. (7) The parent, guardian, or legal custodian for any juvenile released on bond pursuant to this section or any other responsible adult who secures a personal recognizance bond for a juvenile pursuant to subsection (6) of this section may petition the court, prior to forfeiture or exoneration of the bond, to revoke the bond and remand the juvenile into custody if the parent, guardian, legal custodian, or other responsible adult determines that he or she is unable to control the juvenile. The court shall apply the presumption specified in section 19-2-508 (3)(a)(IV) in determining whether to revoke the bond. (8) A juvenile may be released on bond or as otherwise provided in this section regardless of whether the juvenile appears in court pursuant to a summons or a warrant. (9) A juvenile released pursuant to this section and ordered to appear in a court that participates in the court reminder program established in section 13-3-101 (14)(a)(I), and the juvenile's parent, guardian, or legal custodian, must be notified that the juvenile and the juvenile's parent, guardian, or legal custodian can elect to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures, and must be provided the opportunity to provide a mobile telephone number or update a mobile telephone number for that purpose. Source: L. 96: Entire article amended with relocations, p. 1634, § 1, effective January 1, 1997. L. 99: (7) and (8) added, pp. 1373, 1374, §§ 6, 8, effective July 1. L. 2001: (4)(b) amended, p. 137, § 2, effective July 1. L. 2013: (4)(a) amended, (HB 13-1236), ch. 202, p. 843, § 11, effective May 11. L. 2016: (3) amended, (SB 16-189), ch. 210, p. 760, § 30, effective June 6. L. 2019: (2), (3), (4)(b), and (7) amended, (SB 19-108), ch. 294, p. 2718, § 12, effective July 1; (9) added, (SB 19-036), ch. 293, p. 2688, § 7, effective August 2. Editor's note: This section was formerly numbered as 19-2-205. Prior to relocation in 1996, the said section 19-2-205 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Colorado Revised Statutes 2019 Page 172 of 445 Uncertified Printout 19-2-510. Preliminary investigation. (1) Whenever it appears to a law enforcement officer or any other person that a juvenile is or appears to be within the court's jurisdiction, as provided in section 19-2-104, the law enforcement officer or other person may refer the matter conferring or appearing to confer jurisdiction to the district attorney, who shall determine whether the interests of the juvenile or of the community require that further action be taken. (2) Upon the request of the district attorney, the matter may be referred to any agency for an investigation and recommendation. Source: L. 96: Entire article amended with relocations, p. 1635, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-301. Prior to relocation in 1996, the said section 19-2-301 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-510.5. Restorative justice pilot project - legislative declaration - definitions repeal. (Repealed) Source: L. 2013: Entire section added, (HB 13-1254), ch. 341, p. 1984, § 5, effective August 7. L. 2015: (3)(b)(II) and (3)(b)(III)(A) amended and (3)(b)(II.5), (3)(b)(III)(C), and (3)(b)(III)(D) added, (HB 15-1094), ch. 44, p. 110, § 3, effective August 5. Editor's note: Subsection (6) provided for the repeal of this section, effective December 31, 2015. (See L. 2013, p. 1984.) 19-2-511. Statements - definitions. (1) No statements or admissions of a juvenile made as a result of the custodial interrogation of such juvenile by a law enforcement official concerning delinquent acts alleged to have been committed by the juvenile shall be admissible in evidence against such juvenile unless a parent, guardian, or legal or physical custodian of the juvenile was present at such interrogation and the juvenile and his or her parent, guardian, or legal or physical custodian were advised of the juvenile's right to remain silent and that any statements made may be used against him or her in a court of law, of his or her right to the presence of an attorney during such interrogation, and of his or her right to have counsel appointed if he or she so requests at the time of the interrogation; except that, if a public defender or counsel representing the juvenile is present at such interrogation, such statements or admissions may be admissible in evidence even though the juvenile's parent, guardian, or legal or physical custodian was not present. (2) (a) Notwithstanding the provisions of subsection (1) of this section, statements or admissions of a juvenile may be admissible in evidence, notwithstanding the absence of a parent, guardian, or legal or physical custodian, if the court finds that, under the totality of the circumstances, the juvenile made a knowing, intelligent, and voluntary waiver of rights and: (I) The juvenile is eighteen years of age or older at the time of the interrogation or the juvenile misrepresents his or her age as being eighteen years of age or older and the law Colorado Revised Statutes 2019 Page 173 of 445 Uncertified Printout enforcement official acts in good faith reliance on such misrepresentation in conducting the interrogation; (II) The juvenile is emancipated from the parent, guardian, or legal or physical custodian; or (III) The juvenile is a runaway from a state other than Colorado and is of sufficient age and understanding. (b) For the purposes of this subsection (2), "emancipated juvenile" is defined in section 19-1-103 (45). (3) Notwithstanding the provisions of subsection (1) of this section, statements or admissions of a juvenile shall not be inadmissible in evidence by reason of the absence of a parent, guardian, or legal custodian if the juvenile was accompanied by a responsible adult who was a custodian of the juvenile or assuming the role of a parent at the time. (4) For the purposes of this section, "physical custodian" is defined in section 19-1-103 (84). (5) Notwithstanding the provisions of subsection (1) of this section, the juvenile and his or her parent, guardian, or legal or physical custodian may expressly waive the requirement that the parent, guardian, or legal or physical custodian be present during the juvenile's interrogation. This express waiver must be in writing and must be obtained only after full advisement of the juvenile and his or her parent, guardian, or legal or physical custodian of the juvenile's rights prior to the taking of the custodial statement by a law enforcement official. If said requirement is expressly waived, statements or admissions of the juvenile are not inadmissible in evidence by reason of the absence of the juvenile's parent, guardian, or legal or physical custodian during interrogation. Notwithstanding the provisions of this subsection (5), a county department of human or social services and the state department of human services, as legal or physical custodian, may not waive said requirement. (6) Notwithstanding the provisions of subsection (1) of this section, statements or admissions of a juvenile shall not be inadmissible into evidence by reason of the absence of a parent, guardian, or legal or physical custodian, if the juvenile makes any deliberate misrepresentations affecting the applicability or requirements of this section and a law enforcement official, acting in good faith and in reasonable reliance on such deliberate misrepresentation, conducts a custodial interrogation of the juvenile that does not comply with the requirements of subsection (1) of this section. (7) (a) Notwithstanding any provisions of this section to the contrary, if the juvenile asserts that statements made during the custodial interrogation are inadmissible because a responsible adult had an interest adverse to the juvenile, the prosecution, as part of its burden of proof at a hearing on a motion to suppress the statements, must show by a preponderance of the evidence that the person interrogating the juvenile reasonably believed that the responsible adult did not have any interests adverse to those of the juvenile and that the responsible adult was able to provide protective counseling to the juvenile concerning his or her rights during the interrogation. (b) For purposes of this subsection (7): (I) "Protective counseling" means an ongoing opportunity to offer guidance and advice concerning the juvenile's right to remain silent and to obtain retained or appointed counsel associated with the custodial interrogation; and Colorado Revised Statutes 2019 Page 174 of 445 Uncertified Printout (II) "Responsible adult" means a parent, guardian, legal or physical custodian, or other responsible adult who was a custodian of the juvenile or who assumed the role of a parent at the time of the interrogation. Source: L. 96: Entire article amended with relocations, p. 1635, § 1, effective January 1, 1997. L. 99: (2) amended, p. 1374, § 10, effective July 1; (6) added, p. 1017, § 1, effective August 4. L. 2018: (5) amended, (SB 18-092), ch. 38, p. 414, § 45, effective August 8. L. 2019: (7) added, (HB 19-1315), ch. 306, p. 2796, § 1, effective August 2. Editor's note: (1) This section was formerly numbered as 19-2-210. Prior to relocation in 1996, the said section 19-2-210 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Section 2(2) of chapter 306 (HB 19-1315), Session Laws of Colorado 2019, provides that the act changing this section applies to the admissibility of statements obtained on or after August 2, 2019. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-512. Petition initiation. (1) If the district attorney determines that the interests of the juvenile or of the community require that further action be taken, the district attorney may file a petition in delinquency on the form specified in section 19-2-513, which shall be accepted by the court. If the district attorney chooses to file a petition in delinquency on any juvenile who receives a detention hearing under section 19-2-508, he or she shall file said petition within seventy-two hours after the detention hearing, excluding Saturdays, Sundays, and legal holidays. Upon filing of such petition, the court, if practicable, shall send notice of the pendency of such action to the natural parents of the juvenile who is the subject of such petition. (2) If the petition is the first juvenile petition filed against the juvenile in any jurisdiction and is initiated in a jurisdiction that has restorative justice practices available, the district attorney or his or her designee may determine whether a juvenile is suitable for restorative justice practices. The district attorney shall consider whether the victim, having been informed about restorative justice practices pursuant to section 24-4.1-303 (11)(g), C.R.S., is requesting consideration of restorative justice practices as an alternative to formal prosecution; the seriousness of the crime; the crime's impact on the victim; the best methodology to involve the victim; whether the juvenile accepts responsibility for, expresses remorse for, and is willing to repair the harm caused by his or her actions; whether the juvenile's parent or legal guardian is willing to support the juvenile in the process; and other programmatic support available. If a juvenile wants to participate in restorative justice practices, the juvenile must make the request to the district attorney or the law enforcement agency administering the program and may not make the request to the victim. If requested by the juvenile, restorative justice practices may only be conducted after the victim is consulted by the district attorney and offered an opportunity to participate or submit a victim impact statement. If a victim elects not to attend, a victim-offender conference may be held with a suitable victim surrogate or victim advocate, and the victim may submit a victim impact statement. The district attorney may offer dismissal of charges as an Colorado Revised Statutes 2019 Page 175 of 445 Uncertified Printout option for the successful completion of these and any other conditions imposed and designed to address the harm done to the victim and the community by the offender, subject to approval by the court. Source: L. 96: Entire article amended with relocations, p. 1637, § 1, effective January 1, 1997. L. 2011: Entire section amended, (HB 11-1032), ch. 296, p. 1405, § 11, effective August 10. L. 2013: (2) amended, (HB 13-1254), ch. 341, p. 1987, § 6, effective August 7. Editor's note: This section was formerly numbered as 19-2-304. Prior to relocation in 1996, the said section 19-2-304 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-513. Petition form and content. (1) The petition and all subsequent court documents in any proceedings brought under section 19-1-104 (1)(a) or (1)(b) shall be entitled "The People of the State of Colorado, in the Interest of ........, a juvenile (or juveniles) and Concerning ........, Respondent." The petition may be filed using the language of the statutes defining the offense, including either conjunctive or disjunctive clauses. Pleading in either the conjunctive or the disjunctive shall place a respondent on notice that the prosecution may rely on any or all of the alternatives alleged. (2) The petition shall set forth plainly the facts that bring the juvenile within the court's jurisdiction. If the petition alleges that the juvenile is delinquent, it shall cite the law or municipal or county ordinance that the juvenile is alleged to have violated. The petition shall also state the name, age, and residence of the juvenile and the names and residences of his or her parents, guardian, or other legal custodian or of his or her nearest known relative if no parent, guardian, or other legal custodian is known. (3) (a) Pursuant to the provisions of section 19-1-126, in those delinquency proceedings to which the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901, et seq., applies, including but not limited to status offenses such as the illegal possession or consumption of ethyl alcohol or marijuana by an underage person or illegal possession of marijuana paraphernalia by an underage person, as described in section 18-13-122, C.R.S., purchase or attempted purchase of cigarettes or tobacco products by a person under eighteen years of age, as described in section 18-13-121, C.R.S., and possession of handguns by juveniles, as described in section 18-12108.5, C.R.S., the petition shall: (I) Include a statement indicating what continuing inquiries the district attorney or the district attorney's representative has made in determining whether the juvenile is an Indian child; (II) Identify whether the juvenile 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). Colorado Revised Statutes 2019 Page 176 of 445 Uncertified Printout Source: L. 96: Entire article amended with relocations, p. 1637, § 1, effective January 1, 1997. L. 2002: (3) added, p. 785, § 4, effective May 30. L. 2003: (1) amended, p. 973, § 3, effective April 17. L. 2014: IP(3)(a) amended, (SB 14-129), ch. 387, p. 1939, § 10, effective June 6. Editor's note: This section was formerly numbered as 19-2-305. Prior to relocation in 1996, the said section 19-2-305 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2002 act enacting subsection (3), see section 1 of chapter 217, Session Laws of Colorado 2002. 19-2-514. Summons - issuance - contents - service. (1) After a petition has been filed, the court shall promptly issue a summons reciting briefly the substance of the petition. The summons must also state, in a separate box, in bold, and in capitalized letters, the following text, inserting the telephone number and address of the local office of the state public defender and the internet website address of the state public defender, as indicated: 1. YOU HAVE THE RIGHT TO HAVE YOUR OWN LAWYER HELP YOU AT YOUR HEARING. 2. YOU MAY BE ELIGIBLE FOR THIS LAWYER AT NO CHARGE. 3. TO FIND OUT IF YOU ARE ELIGIBLE, YOU OR YOUR PARENT, GUARDIAN, OR LEGAL CUSTODIAN SHOULD CALL THE OFFICE OF THE STATE PUBLIC DEFENDER AT __________, VISIT THE OFFICE OF THE STATE PUBLIC DEFENDER AT __________, OR VISIT THE STATE PUBLIC DEFENDER'S WEB SITE AT __________. 4. YOU ARE MORE LIKELY TO HAVE A FREE LAWYER PRESENT AT YOUR HEARING IF YOU OR YOUR PARENT, GUARDIAN, OR LEGAL CUSTODIAN CALLS OR VISITS THE OFFICE OF THE STATE PUBLIC DEFENDER AT LEAST FIVE DAYS BEFORE YOUR HEARING. (2) No summons shall issue to any juvenile or respondent who appears voluntarily, or who waives service, or who has promised in writing to appear at the hearing, but any such person shall be provided with a copy of the petition and summons upon appearance or request. (3) (a) The court may, when the court determines that it is in the best interests of the juvenile, join the juvenile's parent or guardian and the person with whom the juvenile resides, if other than the juvenile's parent or guardian, as a respondent to the action and shall issue a summons requiring the parent or guardian and the person with whom the juvenile resides, if other than the juvenile's parent or guardian, to appear with the juvenile at all proceedings under this article involving the juvenile. If the parent or guardian of any juvenile cannot be found, the court, in its discretion, may proceed with the case without the presence of such parent or guardian. For the purposes of this section and section 19-2-515, "parent" is defined in section 191-103 (82)(b). This subsection (3) shall not apply to any person whose parental rights have been Colorado Revised Statutes 2019 Page 177 of 445 Uncertified Printout terminated pursuant to the provisions of this title or the parent of an emancipated minor. For the purposes of this section, "emancipated minor" shall have the same meaning as set forth in section 13-21-107.5, C.R.S. (b) The general assembly hereby declares that every parent or guardian whose juvenile is the subject of a juvenile proceeding under this article shall attend any such proceeding. (c) Parents or legal guardians of a juvenile who is the subject of a juvenile proceeding shall complete the relative information form described in section 19-2-212 (1)(b)(VIII) no later than seven business days after the hearing or prior to the juvenile's next hearing, whichever occurs first. (4) The summons shall require the person or persons having the physical custody of the juvenile, if other than a parent or guardian, to appear and to bring the juvenile before the court at a time and place stated not more than thirty days after issuance of the summons. (5) (a) The court on its own motion or on the motion of any party may join as a respondent or require the appearance of any person it deems necessary to the action and authorize the issuance of a summons directed to such person. Any party to the action may request the issuance of compulsory process by the court requiring the attendance of witnesses on his or her own behalf or on behalf of the juvenile. (b) Repealed. (6) If it appears that the welfare of the juvenile or of the public requires that the juvenile be taken into custody, the court may, by endorsement upon the summons, direct that the person serving the summons take the juvenile into custody at once. (7) The court may authorize the payment of necessary travel expenses incurred by persons summoned or otherwise required to appear, which payments shall not exceed the amount allowed to witnesses for travel by the district court. (8) (a) A summons issued under this section may be served in the same manner as the summons in a civil action or by mailing it to the juvenile's last-known address by certified mail with return receipt requested not less than five days prior to the time the juvenile is requested to appear in court. Service by mail is complete upon return of the receipt signed by the juvenile, his or her parents, guardian, legal custodian, physical custodian, or spousal equivalent as defined in section 19-1-103 (101). (b) Service upon the parent, guardian, legal custodian, or physical custodian who has physical care of a juvenile of a summons that contains wording commanding said parent, guardian, legal custodian, or physical custodian to produce the juvenile in court shall constitute valid service compelling the attendance of both the juvenile and said parent, guardian, legal custodian, or physical custodian in court. In addition, service of a summons as described in this paragraph (b) shall compel said parent, guardian, legal custodian, or physical custodian either to make all necessary arrangements to ensure that the juvenile is available to appear before the court or to appear in court and show good cause for the juvenile's failure to appear. (9) If the parents, guardian, or other legal custodian of the juvenile required to be summoned under subsection (4) of this section cannot be found within the state, the fact of the juvenile's presence in the state shall confer jurisdiction on the court as to any absent parent, guardian, or legal custodian. (10) When the residence of the person to be served outside the state is known, a copy of the summons and petition shall be sent by certified mail with postage prepaid to such person at Colorado Revised Statutes 2019 Page 178 of 445 Uncertified Printout his or her place of residence with a return receipt requested. Service of summons shall be deemed complete five days after return of the requested receipt. (11) [Editor's note: Subsection (11) is effective July 1, 2020.] A person that serves a juvenile or a juvenile's parent, guardian, or legal custodian with a summons to appear in a court that participates in the court reminder program established in section 13-3-101 (14)(a)(I) shall notify the person served that the juvenile and the juvenile's parent, guardian, or legal custodian can elect to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures, and shall provide the opportunity for the juvenile and the juvenile's parent, guardian, or legal custodian to provide a mobile telephone number or update a mobile telephone number for that purpose. Source: L. 96: Entire article amended with relocations, p. 1637, § 1, effective January 1, 1997. L. 99: (8) amended, p. 1374, § 9, effective July 1. L. 2006: (5) amended, p. 451, § 1, effective April 18. L. 2014: (1) amended, (HB 14-1032), ch. 947, p. 247, § 3, effective November 1. L. 2019: (3)(c) added, (SB 19-108), ch. 294, p. 2719, § 13, effective July 1; (11) added, (SB 19-036), ch. 293, p. 2688, § 8, effective July 1, 2020. Editor's note: (1) This section was formerly numbered as 19-2-306. Prior to relocation in 1996, the said section 19-2-306 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Subsection (5)(b)(II) provided for the repeal of subsection (5)(b), effective July 1, 2007. (See L. 2006, p. 451.) (3) The form referenced in subsection (3)(c) is scheduled to be available at each judicial district by January 1, 2021. 19-2-515. Contempt - warrant. (1) Except as otherwise provided by subsection (3) of this section, any person summoned or required to appear as provided in section 19-2-514 who has acknowledged service and fails to appear without reasonable cause may be proceeded against for contempt of court. (2) If after reasonable effort the summons cannot be served or if the welfare of the juvenile requires that he or she be brought immediately into the custody of the court, a bench warrant may be issued for the parents, guardian, or other legal custodian or for the juvenile. (3) (a) When a parent or other person who signed a written promise to appear and bring the juvenile to court or who has waived or acknowledged service fails to appear with the juvenile on the date set by the court, a bench warrant may be issued for the parent or other person, the juvenile, or both. (b) Whenever a parent or guardian or person with whom the juvenile resides, if other than the parent or guardian, who has received a summons to appear fails, without good cause, to appear on any other date set by the court, a bench warrant shall be issued for the parent, guardian, or person with whom the juvenile resides, and the parent, guardian, or person with whom the juvenile resides shall be subject to contempt. (c) For purposes of this subsection (3), good cause for failing to appear shall include, but shall not be limited to, a situation where a parent or guardian: (I) Does not have physical custody of the juvenile and resides outside of Colorado; Colorado Revised Statutes 2019 Page 179 of 445 Uncertified Printout (II) Has physical custody of the juvenile, but resides outside of Colorado and appearing in court will result in undue hardship to such parent or guardian; or (III) Resides in Colorado, but is outside of the state at the time of the juvenile proceeding for reasons other than avoiding appearance before the court and appearing in court will result in undue hardship to such parent or guardian. (d) The nonappearance of such parent, guardian, or person with whom the juvenile resides shall not be the basis for a continuance. (e) The provisions of this subsection (3) shall not be applicable to any proceeding in a case that has been transferred to the district court pursuant to the provisions of section 19-2-518. (f) The general assembly hereby declares that every parent or guardian whose juvenile is the subject of a juvenile proceeding under this article shall attend any such proceeding. (g) Nothing in this subsection (3) shall be construed to create a right for any juvenile to have his or her parent or guardian present at any proceeding at which such juvenile is present. Source: L. 96: Entire article amended with relocations, p. 1638, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-307. Prior to relocation in 1996, the said section 19-2-307 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-516. Petitions - special offenders. (1) Mandatory sentence offender. A juvenile is a mandatory sentence offender if he or she: (a) (I) Has been adjudicated a juvenile delinquent twice; or (II) Has been adjudicated a juvenile delinquent and if his or her probation has been revoked for a delinquent act; and (b) (I) Is subsequently adjudicated a juvenile delinquent; or (II) Has probation revoked for a delinquent act. (2) Repeat juvenile offender. A juvenile is a repeat juvenile offender if he or she has been previously adjudicated a juvenile delinquent and is adjudicated a juvenile delinquent for a delinquent act that constitutes a felony or if his or her probation is revoked for a delinquent act that constitutes a felony. (3) Violent juvenile offender. A juvenile is a violent juvenile offender if he or she is adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of violence as defined in section 18-1.3-406 (2), C.R.S. (4) Aggravated juvenile offender. (a) A juvenile offender is an aggravated juvenile offender if he or she is: (I) Adjudicated a juvenile delinquent for a delinquent act that constitutes a class 1 or class 2 felony or if his or her probation is revoked for a delinquent act that constitutes a class 1 or class 2 felony; or (II) Adjudicated a juvenile delinquent for a delinquent act that constitutes a felony and either is subsequently adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of violence, as defined in section 18-1.3-406 (2), C.R.S., or has his or her probation Colorado Revised Statutes 2019 Page 180 of 445 Uncertified Printout revoked for a delinquent act that constitutes a crime of violence, as defined in section 18-1.3-406 (2), C.R.S.; or (III) Adjudicated a juvenile delinquent or if his or her probation is revoked for a delinquent act that constitutes felonious unlawful sexual behavior under part 4 of article 3 of title 18, C.R.S., incest under section 18-6-301, C.R.S., or aggravated incest under section 18-6-302, C.R.S. (b) Provisions concerning aggravated juvenile offenders are located in section 19-2-601. Source: L. 96: Entire article amended with relocations, p. 1639, § 1, effective January 1, 1997. L. 2002: (3) and (4)(a)(II) amended, p. 1524, § 227, effective October 1. Editor's note: This section was formerly numbered as 19-2-801 (1), 19-2-802 (1), 19-2803 (1), and 19-2-804 (1). Prior to relocation in 1996, these sections were contained in a title that was repealed and reenacted in 1987. Provisions of these sections, as they existed in 1987, were contained in several sections in 1986, the year prior to the repeal and reenactment of this title. For a detailed comparison, see the "Children's Code (1987)" table located in the back of the index. Cross references: For the legislative declaration contained in the 2002 act amending subsections (3) and (4)(a)(II), see section 1 of chapter 318, Session Laws of Colorado 2002. 19-2-517. Direct filing. (1) A juvenile may be charged by the direct filing of an information in the district court or by indictment only if: (a) The juvenile is sixteen years of age or older at the time of the commission of the alleged offense and: (I) Is alleged to have committed a class 1 or class 2 felony; or (II) Is alleged to have committed a sexual assault that is a crime of violence pursuant to section 18-1.3-406, C.R.S., or a sexual assault under the circumstances described in section 183-402 (5)(a), C.R.S.; or (III) (A) Is alleged to have committed a felony enumerated as a crime of violence pursuant to section 18-1.3-406, C.R.S., other than a sexual assault as described in subparagraph (II) of this paragraph (a), or is alleged to have committed sexual assault pursuant to section 18-3402, C.R.S., sexual assault on a child pursuant to section 18-3-405, C.R.S., or sexual assault on a child by one in a position of trust pursuant to section 18-3-405.3, C.R.S.; and (B) Is found to have a prior adjudicated felony offense; or (IV) Has previously been subject to proceedings in district court as a result of a direct filing pursuant to this section or a transfer pursuant to section 19-2-518; except that: (A) If the juvenile is found not guilty in district court of the prior felony or any lesser included offense, the subsequent charge shall be remanded to the juvenile court; and (B) If the juvenile is convicted in district court in the prior case of a lesser included or nonenumerated offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section, the subsequent charge may be remanded to the juvenile court. (V) to (VII) (Deleted by amendment, L. 2012.) (b) and (c) (Deleted by amendment, L. 2012.) Colorado Revised Statutes 2019 Page 181 of 445 Uncertified Printout (1.5) If, after a preliminary hearing, the district court does not find probable cause for an offense that may be charged by direct filing, or if the direct file eligible offense is dismissed at a later date, the court shall remand the case to the juvenile court. (2) Notwithstanding the provisions of section 19-2-518, after filing charges in the juvenile court but before the juvenile court conducts a transfer hearing, the district attorney may file the same or different charges against the juvenile by direct filing of an information in the district court or by indictment pursuant to this section. Upon the filing or indictment in the district court, the juvenile court shall no longer have jurisdiction over proceedings concerning the charges. (3) (a) After a juvenile case has been charged by direct filing of information or by an indictment in district court, the juvenile may file in district court a motion to transfer the case to juvenile court. The juvenile must file the motion no later than the time to request a preliminary hearing. Upon receipt of the motion, the court shall set the reverse-transfer hearing with the preliminary hearing. The court shall permit the district attorney to file a response to the juvenile's motion to transfer the case to juvenile court. The district attorney shall file the response no later than fourteen days before the reverse-transfer hearing. (b) In determining whether the juvenile and the community would be better served by adjudicative proceedings pursuant to this article or by proceedings under title 16, C.R.S., the court shall consider the following factors: (I) The seriousness of the alleged offense and whether the protection of the community requires response or consequence beyond that afforded by this article; (II) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (III) Whether the alleged offense was against persons or property, greater weight being given to offenses against persons; (IV) The age of the juvenile and the maturity of the juvenile as determined by considerations of the juvenile's home, environment, emotional attitude, and pattern of living; (V) The record and previous history of the juvenile in prior court-related matters; (VI) The current and past mental health status of the juvenile as evidenced by relevant mental health or psychological assessments or screenings that are made available to both the district attorney and defense counsel; (VII) The likelihood of the juvenile's rehabilitation by use of the sentencing options available in the juvenile courts and district courts; (VIII) The interest of the community in the imposition of a punishment commensurate with the gravity of the offense; (IX) The impact of the offense on the victim; (X) Whether the juvenile was previously committed to the department of human services following an adjudication for a delinquent act that constitutes a felony; and (XI) Whether the juvenile used, or possessed and threatened the use of, a deadly weapon in the commission of the delinquent act. (c) If the district court determines pursuant to paragraph (b) of this subsection (3) that the juvenile and the community would be better served by adjudicative proceedings pursuant to this article, the court shall enter an order directing that the offenses against the juvenile be adjudicated in juvenile court pursuant to the provisions of this article. (4) and (5) (Deleted by amendment, L. 2012.) Colorado Revised Statutes 2019 Page 182 of 445 Uncertified Printout (6) (a) If a juvenile is convicted following the filing of criminal charges by information or indictment in the district court pursuant to this section, the district judge shall sentence the juvenile either: (I) As an adult; except that a juvenile is excluded from the mandatory minimum sentencing provisions in section 18-1.3-406, C.R.S., unless the juvenile is convicted of a class 1 felony or a sex offense that is subject to part 9 of article 1.3 of title 18, C.R.S.; or (II) To the youthful offender system in the department of corrections in accordance with section 18-1.3-407, C.R.S.; except that a juvenile shall be ineligible for sentencing to the youthful offender system if the juvenile is convicted of: (A) A class 1 felony; (B) Any sexual offense described in section 18-6-301 or 18-6-302, C.R.S., or part 4 of article 3 of title 18, C.R.S.; or (C) A second or subsequent offense, if the juvenile received a sentence to the department of corrections or to the youthful offender system for the prior offense. (III) (Deleted by amendment, L. 2012.) (b) The district court judge may sentence a juvenile pursuant to the provisions of this article if the juvenile is convicted of a lesser included or nonenumerated felony offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section. If the juvenile is convicted of only a misdemeanor offense or misdemeanor offenses, the court shall adjudicate the juvenile a delinquent and sentence the juvenile pursuant to this article. (c) If a juvenile is convicted of an offense that is not eligible for district court jurisdiction under either this section or section 19-2-518, the juvenile shall be remanded to juvenile court. (7) In the case of a person who is sentenced as a juvenile pursuant to subsection (6) of this section, the following provisions shall apply: (a) Section 19-2-908 (1)(a), regarding mandatory sentence offenders; (b) Section 19-2-908 (1)(b), regarding repeat juvenile offenders; (c) Section 19-2-908 (1)(c), regarding violent juvenile offenders; and (d) Section 19-2-601, regarding aggravated juvenile offenders. (8) The court in its discretion may appoint a guardian ad litem for a juvenile charged by the direct filing of an information in the district court or by indictment pursuant to this section. (9) When a juvenile is sentenced pursuant to the provisions of this article, the juvenile's conviction shall be adjudicated as a juvenile delinquency adjudication. (10) For purposes of this section, "violent juvenile offender" has the same meaning as defined in section 19-2-516 (3). Source: L. 96: Entire article amended with relocations, p. 1640, § 1, effective January 1, 1997. L. 99: (3)(b) amended, p. 43, § 2, effective March 15; (3)(a) amended, p. 1369, § 1, effective July 1. L. 2000: (1)(a)(III) amended, p. 706, § 33, effective July 1. L. 2002: (1)(a)(II)(A), (1)(a)(III), (3)(a)(II), and (3)(a)(III) amended, p. 1524, § 228, effective October 1. L. 2003: (1)(a)(II)(B) amended, p. 649, § 6, effective May 17. L. 2004: (3)(b) repealed, p. 244, § 4, effective April 5. L. 2006: (1)(a) amended, p. 422, § 6, effective April 13. L. 2008: (3)(a.5) added, p. 1506, § 1, effective May 28. L. 2010: Entire section R&RE, (HB 10-1413), ch. 264, p. Colorado Revised Statutes 2019 Page 183 of 445 Uncertified Printout 1199, § 1, effective August 11. L. 2012: Entire section amended, (HB 12-1271), ch. 128, p. 439, § 1, effective April 20. Editor's note: This section was formerly numbered as § 19-2-805. Prior to relocation in 1996, the said § 19-2-805 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in § 19-1-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2002 act amending subsections (1)(a)(II)(A), (1)(a)(III), (3)(a)(II), and (3)(a)(III), see section 1 of chapter 318, Session Laws of Colorado 2002. 19-2-518. Transfers. (1) (a) The juvenile court may enter an order certifying a juvenile to be held for criminal proceedings in the district court if: (I) A petition filed in juvenile court alleges the juvenile is: (A) Twelve or thirteen years of age at the time of the commission of the alleged offense and is a juvenile delinquent by virtue of having committed a delinquent act that constitutes a class 1 or class 2 felony or a crime of violence, as defined in section 18-1.3-406, C.R.S.; or (B) Fourteen years of age or older at the time of the commission of the alleged offense and is a juvenile delinquent by virtue of having committed a delinquent act that constitutes a felony; and (II) After investigation and a hearing, the juvenile court finds it would be contrary to the best interests of the juvenile or of the public to retain jurisdiction. (b) A petition may be transferred from the juvenile court to the district court only after a hearing as provided in this section. (c) If the crime alleged to have been committed is a felony defined by section 18-8-208, C.R.S., and no other crime is alleged to have been committed and the juvenile has been adjudicated a juvenile delinquent for a delinquent act which constitutes a class 4 or 5 felony, then the charge for the crime may not be filed directly in the district court, but the juvenile court may transfer such charge to the district court pursuant to paragraph (a) of this subsection (1). (d) (I) Except as otherwise provided in subparagraph (II) of this paragraph (d), in cases in which criminal charges are transferred to the district court pursuant to the provisions of this section, the judge of the district court shall sentence the juvenile pursuant to the provisions of section 18-1.3-401, C.R.S., if the juvenile is: (A) Convicted of a class 1 felony; (B) Convicted of a crime of violence, as defined in section 18-1.3-406, C.R.S.; or (C) Convicted of any other criminal charge specified in paragraph (a) of this subsection (1) and the juvenile was previously adjudicated a mandatory sentence offender, a violent juvenile offender, or an aggravated juvenile offender. (II) In cases in which criminal charges are transferred to the district court pursuant to the provisions of this section, the judge of the district court may sentence to the youthful offender system created in section 18-1.3-407, C.R.S., any juvenile who would otherwise be sentenced pursuant to the provisions of subparagraph (I) of this paragraph (d); except that a juvenile shall be ineligible for sentencing to the youthful offender system if the juvenile is convicted of: (A) A class 1 felony; Colorado Revised Statutes 2019 Page 184 of 445 Uncertified Printout (B) to (D) (Deleted by amendment, L. 2010, (HB 10-1413), ch. 264, p. 1203, § 2, effective August 11, 2010.) (E) Any sexual offense described in section 18-6-301 or 18-6-302, C.R.S., or part 4 of article 3 of title 18, C.R.S. (III) In cases in which criminal charges are transferred to the district court pursuant to the provisions of this section and the juvenile is not eligible for sentencing pursuant to subparagraph (I) of this paragraph (d), the judge of the district court shall have the power to make any disposition of the case that any juvenile court would have or to remand the case to the juvenile court for disposition at its discretion. (IV) If, following transfer of criminal charges to the district court pursuant to this section, a juvenile is convicted of a lesser included offense for which criminal charges could not originally have been transferred to the district court, the court shall sentence the juvenile pursuant to the provisions of this article. (d.5) (Deleted by amendment, L. 2010, (HB 10-1413), ch. 264, p. 1203, § 2, effective August 11, 2010.) (e) Whenever a juvenile under the age of fourteen years is sentenced pursuant to section 18-1.3-401, C.R.S., as provided in paragraph (d) of this subsection (1), the department of corrections shall contract with the department of human services to house and provide services to the juvenile in a facility operated by the department of human services until the juvenile reaches the age of fourteen years. On reaching the age of fourteen years, the juvenile shall be transferred to an appropriate facility operated by the department of corrections for the completion of the juvenile's sentence. (2) After filing charges in the juvenile court but prior to the time that the juvenile court conducts a transfer hearing, the district attorney may file the same or different charges against the juvenile by direct filing of an information in the district court or by indictment pursuant to section 19-2-517. Upon said filing or indictment in the district court, the juvenile court shall no longer have jurisdiction over proceedings concerning said charges. (3) At the transfer hearing, the court shall consider: (a) Whether there is probable cause to believe that the juvenile has committed a delinquent act for which waiver of juvenile court jurisdiction over the juvenile and transfer to the district court may be sought pursuant to subsection (1) of this section; and (b) Whether the interests of the juvenile or of the community would be better served by the juvenile court's waiving its jurisdiction over the juvenile and transferring jurisdiction over him or her to the district court. (4) (a) The hearing shall be conducted as provided in section 19-1-106, and the court shall make certain that the juvenile and his or her parents, guardian, or legal custodian have been fully informed of their right to be represented by counsel. (b) In considering whether or not to waive juvenile court jurisdiction over the juvenile, the juvenile court shall consider the following factors: (I) The seriousness of the offense and whether the protection of the community requires isolation of the juvenile beyond that afforded by juvenile facilities; (II) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (III) Whether the alleged offense was against persons or property, greater weight being given to offenses against persons; Colorado Revised Statutes 2019 Page 185 of 445 Uncertified Printout (IV) The maturity of the juvenile as determined by considerations of the juvenile's home, environment, emotional attitude, and pattern of living; (V) The record and previous history of the juvenile; (VI) The likelihood of rehabilitation of the juvenile by use of facilities available to the juvenile court; (VII) The interest of the community in the imposition of a punishment commensurate with the gravity of the offense; (VIII) The impact of the offense on the victim; (IX) That the juvenile was twice previously adjudicated a delinquent juvenile for delinquent acts that constitute felonies; (X) That the juvenile was previously adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S.; (XI) That the juvenile was previously committed to the department of human services following an adjudication for a delinquent act that constitutes a felony; (XII) That the juvenile is sixteen years of age or older at the time of the offense and the present act constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S.; (XIII) That the juvenile is sixteen years of age or older at the time of the offense and has been twice previously adjudicated a juvenile delinquent for delinquent acts against property that constitute felonies; and (XIV) That the juvenile used, or possessed and threatened the use of, a deadly weapon in the commission of a delinquent act. (c) The amount of weight to be given to each of the factors listed in paragraph (b) of this subsection (4) is discretionary with the court; except that a record of two or more previously sustained petitions for delinquent acts that constitute felonies or a record of two or more juvenile probation revocations based on acts that constitute felonies shall establish prima facie evidence that to retain jurisdiction in juvenile court would be contrary to the best interests of the juvenile or of the community. (d) The insufficiency of evidence pertaining to any one or more of the factors listed in paragraph (b) of this subsection (4) shall not in and of itself be determinative of the issue of waiver of juvenile court jurisdiction. (5) Repealed. (6) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history may be considered by the court, but the court, if so requested by the juvenile, his or her parent or guardian, or other interested party, shall require the person or agency preparing the report and other material to appear and be subject to both direct and crossexamination. (7) (a) If the court finds that its jurisdiction over a juvenile should be waived, it shall enter an order to that effect; except that such order of waiver shall be null and void if the district attorney fails to file an information in the criminal division of the district court within five days of issuance of the written order of waiver, exclusive of Saturdays, Sundays, and court holidays. Upon failure of the district attorney to file an information within five days of the issuance of the written order of waiver, exclusive of Saturdays, Sundays, and court holidays, the juvenile court shall retain jurisdiction and shall proceed as provided in this article. (b) As a condition of the waiver of jurisdiction, the court in its discretion may provide that a juvenile shall continue to be held in custody pending the filing of an information in the Colorado Revised Statutes 2019 Page 186 of 445 Uncertified Printout criminal division of the district court. Where the juvenile has made bond in proceedings in the juvenile court, the bond may be continued and made returnable in and transmitted to the district court, where it shall continue in full force and effect unless modified by order of the district court. (8) If the court finds that it is in the best interests of the juvenile and of the public for the court to retain jurisdiction, it shall proceed with the adjudicatory trial as provided in part 8 of this article. Source: L. 96: Entire article amended with relocations, p. 1642, § 1, effective January 1, 1997. L. 99: (1)(d) amended, p. 1370, § 2, effective July 1. L. 2002: (1)(a)(I)(A), (1)(d)(I), (1)(d)(II), (1)(e), (4)(b)(X), and (4)(b)(XII) amended, p. 1525, § 229, effective October 1. L. 2006: (1)(a)(I) amended, p. 423, § 7, effective April 13. L. 2008: (1)(d.5) added, p. 1506, § 2, effective May 28. L. 2010: (1)(d)(II)(B), (1)(d)(II)(C), (1)(d)(II)(D), (1)(d.5), and (5) amended, (HB 10-1413), ch. 264, p. 1203, § 2, effective August 11. L. 2012: (5) repealed, (HB 12-1271), ch. 128, p. 445, § 2, effective April 20. Editor's note: This section was formerly numbered as § 19-2-806. Prior to relocation in 1996, the said § 19-2-806 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in §§ 19-1-104 and 19-3-108 as said sections existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2002 act amending subsections (1)(a)(I)(A), (1)(d)(I), (1)(d)(II), (1)(e), (4)(b)(X), and (4)(b)(XII), see section 1 of chapter 318, Session Laws of Colorado 2002. PART 6 SPECIAL PROCEEDINGS 19-2-601. Aggravated juvenile offender. (1) (a) In any action in delinquency alleging that a juvenile is an aggravated juvenile offender, as described in section 19-2-516 (4), the petition shall allege by separate count that the juvenile is an aggravated juvenile offender and that increased commitment is authorized. (b) If the petition alleges that the juvenile is an aggravated juvenile offender, pursuant to section 19-2-516 (4), the petition shall identify by separate counts each alleged former adjudication or probation revocation and, for each such count, shall include the date of adjudication or revocation, the court, and the specific act that formed the basis for the adjudication or probation revocation. If the alleged prior adjudication or probation revocation occurred outside of this state, the petition shall so allege and shall state that the delinquent act that formed the basis for the adjudication or probation revocation would constitute a felony in this state. (2) (a) In any action in delinquency in which it is alleged that a juvenile is an aggravated juvenile offender, the court shall, at the juvenile's first appearance, advise the juvenile of the effect and consequences of the allegation that the juvenile is an aggravated juvenile offender. Colorado Revised Statutes 2019 Page 187 of 445 Uncertified Printout (b) If a juvenile is alleged to be an aggravated juvenile offender pursuant to section 192-516 (4), the juvenile shall be required, at his or her first appearance before the court, to admit or deny any previous adjudications or probation revocations that are alleged in the petition. A refusal to admit or deny any such adjudication or probation revocation shall be considered a denial. (3) (a) In addition to the rights specified in section 19-2-706, a juvenile who is alleged to be an aggravated juvenile offender may file a written request that adjudication of the act that is the subject of the petition shall be to a jury of twelve persons, and the court shall so order it. Any juvenile who requests a jury shall be deemed to have waived the time limit for an adjudicatory trial pursuant to section 19-2-107 (4). (b) When a jury is requested pursuant to this subsection (3), the following challenges shall be allowed: (I) If the petition alleges that one juvenile is an aggravated juvenile offender, the state and the juvenile shall each be entitled to five peremptory challenges. (II) If the petition alleges that more than one juvenile is an aggravated juvenile offender and the adjudicatory trials on the acts that are the subject of the petition are not severed, the state and the defense shall be entitled to two additional challenges for every juvenile after the first, not to exceed fifteen peremptory challenges per side; when multiple juveniles are adjudicated in a single hearing, each peremptory challenge made on the part of the juveniles shall be made and considered as the joint peremptory challenge of all of the juveniles. (c) When more than one petition concerning different juveniles is consolidated for the adjudication of the delinquent acts that are the subjects of the petitions, peremptory challenges shall be allowed as if the juveniles had been joined in the same petition in delinquency. (4) (a) If a juvenile alleged to be an aggravated juvenile offender pursuant to section 192-516 (4) admits the previous adjudications or probation revocations alleged in the petition, pursuant to subsection (2) of this section, no further proof of such previous adjudications or probation revocations is required. Upon a finding that the juvenile has committed the delinquent acts that are the subject of the petition alleging that the juvenile is an aggravated juvenile offender, the court may enter any sentence authorized by this section. (b) If a juvenile alleged to be an aggravated juvenile offender pursuant to section 19-2516 (4) denies one or more of the previous adjudications or probation revocations alleged in the petition, pursuant to subsection (2) of this section, the court, after a finding of guilty of the acts that are the subject of this petition, shall conduct a separate hearing in which the court shall be the trier of fact to determine whether or not the juvenile has suffered such adjudications or probation revocations. Each count alleging a previous adjudication or probation revocation shall be proven beyond a reasonable doubt. (c) In any hearing before the court pursuant to paragraph (b) of this subsection (4), a duly authenticated copy of the record of an adjudication or probation revocation shall be prima facie evidence that the juvenile suffered such adjudication or probation revocation. In addition, any basic identification information that is part of the record of such former adjudication or probation revocation at the place the juvenile was incarcerated after disposition of such adjudication or probation revocation may be introduced into evidence in any hearing before the court pursuant to paragraph (b) of this subsection (4) and shall be prima facie evidence of the identity of the juvenile. (5) (a) (I) Upon adjudication as an aggravated juvenile offender: Colorado Revised Statutes 2019 Page 188 of 445 Uncertified Printout (A) For an offense other than an offense that would constitute a class 1 or 2 felony if committed by an adult, the court may commit the juvenile to the department of human services for a determinate period of up to five years; (B) For an offense that would constitute a class 2 felony if committed by an adult, the court shall commit the juvenile to the department of human services for a determinate period of at least three but not more than five years; (C) For an offense that would constitute a class 1 felony if committed by an adult, the court shall commit the juvenile to the department of human services for a determinate period of at least three but not more than seven years; (D) When the petition alleges the offense of murder in the first degree or murder in the second degree, or sexual assault under section 18-3-402 (3.5) or 18-3-402 (4), C.R.S., and the juvenile is adjudicated a delinquent for either murder in the first degree or murder in the second degree, then the court may sentence the juvenile consecutively or concurrently for any crime of violence as described in section 18-1.3-406, C.R.S., or for a delinquent act contained in the petition for which the juvenile is an aggravated juvenile offender. (II) An aggravated juvenile offender thus committed to the department of human services shall not be transferred to a nonsecure or community setting for a period of more than forty-eight hours, excluding Saturdays, Sundays, and court holidays, nor released before the expiration of the determinate term imposed by the court without prior order of the court. (b) (I) Upon court order, the department of human services may transfer a juvenile committed to its custody pursuant to paragraph (a) of this subsection (5) to the department of corrections if the juvenile has reached eighteen years of age and the department of human services has certified that the juvenile is no longer benefiting from its programs. (II) Such transfer shall be initiated by the filing of a request by the department of human services for transfer with the court of commitment that shall state the basis for the request. Upon receipt of such a request, the court shall notify the interested parties and shall set the matter for a hearing. (III) The court shall authorize such transfer only upon a finding by a preponderance of the evidence that the juvenile is no longer benefiting from the programs of the department of human services. (IV) Upon entering an order of transfer to the department of corrections, pursuant to this paragraph (b), the court shall amend the mittimus and transfer all further jurisdiction over the juvenile to the department of corrections. Thereafter the juvenile shall be governed by the provisions for adult felony offenders in titles 16 and 17, C.R.S., as if he or she had been sentenced as an adult felony offender for the unserved portion of sentence that remains upon transfer to the department of corrections. (6) (a) After a juvenile who is sentenced pursuant to sub-subparagraph (B) or (C) of subparagraph (I) of paragraph (a) of subsection (5) of this section has been in the custody of the department of human services for three years or more, the department may petition the court for an order authorizing the department to place the juvenile on juvenile parole upon approval by the juvenile parole board pursuant to section 19-2-1002. After a juvenile who is sentenced pursuant to sub-subparagraph (A) of subparagraph (I) of paragraph (a) of subsection (5) of this section has served the minimum mandatory period of the commitment or three years, whichever is sooner, the department of human services may petition the court for an order authorizing the department to place the juvenile on juvenile parole upon approval by the juvenile parole board pursuant to Colorado Revised Statutes 2019 Page 189 of 445 Uncertified Printout section 19-2-1002. The parole supervision shall be conducted by the department of human services. Upon the filing of the petition, the court shall notify the interested parties and set the matter for a hearing. The court shall authorize the department of human services to place the juvenile on juvenile parole upon approval of the juvenile parole board pursuant to section 19-21002, only upon finding by a preponderance of the evidence that the safety of the community will not be jeopardized by such release. (b) Parole supervision of a juvenile who has been transferred to the department of corrections is governed by the provisions for adult felony offenders in titles 16, 17, and 18, C.R.S., as if the juvenile had been sentenced as an adult felony offender; except that, if the juvenile was adjudicated and sentenced for a class 1 felony, then the juvenile shall serve a tenyear period of mandatory parole after completion of his or her sentence. (7) Upon the filing of a petition with the committing court for transfer of the juvenile to a nonsecure or community setting, or for early release from the custody of the department of corrections or human services, the court shall notify the interested parties and set the matter for a hearing. The court shall order such transfer or release only upon a finding by a preponderance of the evidence that the safety of the community will not be jeopardized by such transfer or release; except that early release of the juvenile from the department of corrections shall be governed by the provisions for adult felony offenders in titles 16 and 17, C.R.S., as if the juvenile had been sentenced as an adult felony offender. (8) (a) (I) When a juvenile in the custody of the department of human services pursuant to this section reaches the age of twenty years and six months, the department of human services shall file a motion with the court of commitment regarding further jurisdiction of the juvenile. Upon the filing of such a motion, the court shall notify the interested parties, appoint counsel for the juvenile, and set the matter for a hearing. The court shall, as part of this hearing, reconsider the length of the remaining sentence and consider the factors as set forth in paragraph (c) of this subsection (8) herein. (II) When the court notifies the interested parties, the court shall order that the juvenile submit to and cooperate with a psychological evaluation and risk assessment by a mental health professional to determine whether the juvenile is a danger either to himself or herself or to others. The mental health professional shall prepare a written report and shall provide a copy of the report to the court that ordered it, the prosecuting attorney, and counsel for the juvenile at least fifteen days before the hearing. (b) At the hearing upon the motion, the court may either transfer the custody of and jurisdiction over the juvenile to the department of corrections for placement in a correctional facility, the youthful offender system, or a community corrections program; authorize early release of the juvenile pursuant to subsection (7) of this section; place the juvenile on adult parole for a period of five years; or order that custody and jurisdiction over the juvenile shall remain with the department of human services; except that the custody of and jurisdiction over the juvenile by the department of human services shall terminate when the juvenile reaches twenty-one years of age. (c) In considering whether or not to transfer the custody of and jurisdiction over the juvenile to the department of corrections, the court shall consider all relevant factors including, but not limited to, the court-ordered psychological evaluation and risk assessment, the nature of the crimes committed, the prior criminal history of the offender, the maturity of the offender, the offender's behavior in custody, the offender's progress and participation in classes, programs, Colorado Revised Statutes 2019 Page 190 of 445 Uncertified Printout and educational improvement, the impact of the crimes on the victims, the likelihood of rehabilitation, the placement where the offender is most likely to succeed in reintegrating in the community, and the interest of the community in the imposition of punishment commensurate with the gravity of the offense. (9) At any postadjudication hearing held pursuant to this section, the state shall be represented by the district attorney and by the attorney general; except that the attorney general may be excused from participation in the hearing with the permission of the district attorney and of the court. At any postadjudication hearing held pursuant to this section, the department of corrections shall be considered an interested party and shall be sent notice of such hearing. (10) "Mental health professional" means a person who is employed by the department of human services or is employed under contract with the department of human services and is: (a) A licensed physician with the appropriate training and expertise in psychiatry; or (b) A licensed psychologist. Source: L. 96: Entire article amended with relocations, p. 1646, § 1, effective January 1, 1997. L. 99: (5)(a)(I) and (6)(a) amended, p. 33, § 1, effective July 1. L. 2008: (6)(a) amended, p. 1105, § 11, effective July 1. L. 2012: (5)(a)(I)(D) and (10) added and (6)(b) and (8) amended, (HB 12-1310), ch. 268, p. 1413, § 39, effective June 7. L. 2013: (5)(a)(I)(D) and (6)(b) amended, (SB 13-229), ch. 272, p. 1431, § 12, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-804 (2) to (10). Prior to relocation in 1996, the said section 19-2-804 (2) to (10) was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-103, 19-3-106.5, and 19-3-113.2 as said sections existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-601 was relocated to section 19-2-902 when this article was amended with relocations in 1996. PART 7 PREADJUDICATION 19-2-701. Short title. This part 7 shall be known and may be cited as "Juvenile Justice Preadjudication". Source: L. 96: Entire article amended with relocations, p. 1650, § 1, effective January 1, 1997. Editor's note: The former section 19-2-701 was relocated to section 19-2-906. 19-2-702. Mentally ill juvenile or juvenile with developmental disabilities procedure. (Repealed) Colorado Revised Statutes 2019 Page 191 of 445 Uncertified Printout Source: L. 96: Entire article amended with relocations, p. 1650, § 1, effective January 1, 1997. L. 2002: (1) amended, p. 577, § 9, effective May 24. L. 2003: (3)(c) amended, p. 1901, § 2, effective July 1. L. 2005: Entire section repealed, p. 1054, § 2, effective July 1. 19-2-703. Informal adjustment. (1) The district attorney may request of the court at any time, either before, during, or after the filing of a petition, that the matter be handled as an informal adjustment if: (a) The juvenile and his or her parents, guardian, or legal custodian have been informed of their constitutional and legal rights, including the right to have counsel at every stage of the proceedings; (b) There are sufficient facts to establish the jurisdiction of the court; and (c) The juvenile and his or her parents, guardian, or legal custodian have waived the right to a speedy trial. (2) An informal adjustment shall be for an initial period of no longer than six months. One additional extension of up to six months may be ordered by the court upon showing of good cause. (3) During any informal adjustment, the court may place the juvenile under the supervision of the probation department or other designated agency. The court may require further conditions of conduct, as requested by the district attorney, probation department, or designated agency. (4) No juvenile shall be granted an informal adjustment if such juvenile has been adjudicated a juvenile delinquent within the preceding twelve months, has had a prior deferred adjudication, or has had an informal adjustment granted within the preceding twelve months. Source: L. 96: Entire article amended with relocations, p. 1651, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-302. Prior to relocation in 1996, the said section 19-2-302 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former provisions of section 19-2-703 were relocated to sections 19-2-907 and 19-2-910 to 19-2-919 when this article was amended with relocations in 1996. 19-2-704. Diversion. As an alternative to a petition filed pursuant to section 19-2-512, an adjudicatory trial pursuant to part 8 of this article, or disposition of a juvenile delinquent pursuant to section 19-2-907, the district attorney may agree to allow a juvenile to participate in a diversion program established in accordance with section 19-2-303. Source: L. 96: Entire article amended with relocations, p. 1652, § 1, effective January 1, 1997. Editor's note: The former section 19-2-704 was relocated to section 19-2-921. Colorado Revised Statutes 2019 Page 192 of 445 Uncertified Printout 19-2-705. Preliminary hearing - dispositional hearing. (1) The district attorney or a juvenile who is accused in a petition of a delinquent act that constitutes a class 1, 2, or 3 felony may demand and receive a preliminary hearing to determine if there is probable cause to believe that the delinquent act alleged in the petition was committed by the juvenile. In addition, the district attorney or a juvenile who is accused in a petition of only those delinquent acts that constitute class 4, 5, or 6 felonies which felonies require mandatory sentencing or which constitute crimes of violence as defined in section 18-1.3-406, C.R.S., or which constitute sexual offenses under part 4 of article 3 of title 18, C.R.S., may demand and receive a preliminary hearing to determine if there is probable cause to believe that the delinquent act alleged in the petition was committed by the juvenile. A preliminary hearing may be heard by a judge of the juvenile court or by a magistrate and shall be conducted as follows: (a) At the juvenile's advisement hearing and after the filing of the delinquency petition, the prosecution shall make available to the juvenile the discovery material required by the Colorado rules of juvenile procedure. The juvenile or the prosecution may file a written motion for a preliminary hearing, stating the basis therefor. Upon the filing of the motion, the court shall forthwith set the matter for a hearing. The juvenile or the prosecution shall file a written motion for a preliminary hearing not later than ten days after the advisement hearing. (b) If the juvenile is being detained because of the delinquent act alleged in the petition, the preliminary hearing shall be held within thirty days of the filing of the motion, unless good cause for continuing the hearing beyond that time is shown to the court. If the juvenile is not being detained, it shall be held as promptly as the calendar of the court permits. (c) At the preliminary hearing, the juvenile shall not be called upon to plead, although the juvenile may cross-examine the prosecution witnesses and may introduce evidence in his or her own behalf. The prosecution shall have the burden of establishing probable cause. The court at the hearing may temper the rules of evidence in the exercise of sound judicial discretion. (d) If the court determines that probable cause exists, it shall enter a finding to that effect and shall schedule an adjudicatory trial. If from the evidence it appears to the court that probable cause does not exist, it shall dismiss the delinquency petition, and the juvenile shall be discharged from any restriction or other previous temporary order stemming from the petition. (1.5) (a) The district attorney and the juvenile who is accused in a petition of a delinquent act that constitutes a class 4, 5, or 6 felony, except those that require mandatory sentencing or which constitute crimes of violence as defined in section 18-1.3-406, C.R.S., or which constitute sexual offenses under part 4 of article 3 of title 18, C.R.S., shall not have the right to demand or receive a preliminary hearing but shall participate in a dispositional hearing for the purposes of case evaluation and potential resolution. Such dispositional hearing may be heard by a judge of the juvenile court or by a magistrate. (b) Any juvenile accused of a class 4, 5, or 6 felony who is not otherwise entitled to a preliminary hearing pursuant to paragraph (a) of this subsection (1.5), may demand and shall receive a preliminary hearing within a reasonable time pursuant to subsection (1) of this section, if the juvenile is in custody; except that, upon motion of either party, the court shall vacate the preliminary hearing if there is a reasonable showing that the juvenile has been released from custody prior to the preliminary hearing. (2) A request for review of a preliminary hearing finding entered by a magistrate shall be filed pursuant to section 19-1-108 (5.5), and review shall be conducted pursuant to said section. Colorado Revised Statutes 2019 Page 193 of 445 Uncertified Printout (3) The prosecution may file a motion to refile the petition in delinquency, which motion shall be accompanied by a verified affidavit stating the grounds therefor. Source: L. 96: Entire article amended with relocations, p. 1652, § 1, effective January 1, 1997. L. 98: IP(1) amended and (1.5) added, p. 1274, § 3, effective July 1. L. 2002: IP(1) and (1.5)(a) amended, p. 1527, § 230, effective October 1. L. 2007: (2) amended, p. 2029, § 37, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-404. Prior to relocation in 1996, the said section 19-2-404 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3102.1 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-705 was relocated to section 19-2-925 when this article was amended with relocations in 1996. Cross references: For the legislative declaration contained in the 2002 act amending the introductory portion to subsection (1) and subsection (1.5)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. 19-2-706. Advisement - right to counsel - waiver of right to counsel. (1) (a) At the juvenile's first appearance before the court, after the detention hearing or at the first appearance if the juvenile appears on a summons, the court shall advise the juvenile and his or her parents, guardian, or other legal custodian of the juvenile's constitutional rights and legal rights as set forth in rule 3 of the Colorado rules of juvenile procedure, including, but not limited to, the right to counsel. The advisement shall include the possibility of restorative justice practices, including victim-offender conferences if restorative justice practices are available in the jurisdiction. The advisement regarding restorative justice practices does not establish any right to restorative justice practices on behalf of the juvenile. (b) If the respondent has made an early application for appointed counsel for the juvenile and the office of the state public defender has made a preliminary determination that the juvenile is eligible for appointed counsel as set forth in section 21-1-103 or if the court has appointed counsel for the juvenile pursuant to section 19-2-508 (2), an attorney from the office of the state public defender or, in the case of a conflict, from the office of alternate defense counsel, shall be available to represent the juvenile at the juvenile's first appearance, as described in subsection (1)(a) of this section. (c) If the respondent has not made an early application for appointed counsel for the juvenile but the juvenile requests appointment of counsel at the first appearance, the court shall determine if the juvenile is eligible for counsel pursuant to paragraph (a) of subsection (2) of this section. (d) As used in this subsection (1), unless the context otherwise requires, "early application" means that the respondent has contacted the office of the state public defender and applied for representation of the juvenile by the state public defender not less than five days before the juvenile's scheduled court date for the first appearance and has provided sufficient information to the office of the state public defender to allow that office to make a preliminary determination of eligibility for representation. Colorado Revised Statutes 2019 Page 194 of 445 Uncertified Printout (e) Failure of the juvenile's parent, guardian, or legal custodian to apply for courtappointed counsel may not be construed as a waiver of the right to counsel or any other rights held by the juvenile. (2) (a) If the juvenile and his or her parents, guardian, or other legal custodian are found to be indigent pursuant to section 21-1-103 (3), or the juvenile's parents, guardian, or other legal custodian refuses to retain counsel for the juvenile, or the court, on its own motion, determines that counsel is necessary to protect the interests of the juvenile or other parties, or the juvenile is in the custody of the state department of human services or a county department of human or social services, the court shall appoint the office of state public defender or, in the case of a conflict, the office of alternate defense counsel for the juvenile; except that the court shall not appoint the office of the state public defender or the office of alternate defense counsel if: (I) The juvenile has retained his or her own counsel; or (II) The juvenile has made a knowing, intelligent, and voluntary waiver of his or her right to counsel, as described in paragraph (c) of this subsection (2). (b) (I) If the court appoints counsel for the juvenile because of the refusal of the parents, guardian, or other legal custodian to retain counsel for the juvenile, the parents, guardian, or legal custodian, other than a county department of human or social services or the state department of human services, shall be advised by the court that if the juvenile's parent, guardian, or legal custodian is determined not to be indigent pursuant to section 21-1-103 (3), then the court will order the juvenile's parent, guardian, or legal custodian, other than a county department of human or social services or the state department of human services, to reimburse the court for the cost of the representation unless the court, for good cause, waives the reimbursement requirement. The amount of the reimbursement will be a predetermined amount that: (A) Shall be set by the supreme court, in consultation with the office of the state public defender and the office of alternate defense counsel; (B) Shall be included in the chief justice directive concerning the appointment of statefunded counsel in criminal and juvenile delinquency cases; and (C) May be based partly or entirely upon the stage a proceeding has reached when counsel is appointed, the stage a proceeding has reached when representation is terminated, or both. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (b) to the contrary, if the court finds that there exists a conflict of interest between the juvenile and the juvenile's parent, guardian, or legal custodian such that the income and assets of the parent, guardian, or legal custodian are unavailable to the juvenile, then the court shall consider only the juvenile's own income and assets for the purpose of determining whether to issue an order for reimbursement pursuant to this paragraph (b). (c) The court may accept a waiver of counsel by a juvenile only after finding on the record, based on a dialogue conducted with the juvenile, that: (I) The juvenile is of a sufficient maturity level to make a voluntary, knowing, and intelligent waiver of the right to counsel; (II) The juvenile understands the sentencing options that are available to the court in the event of an adjudication or conviction of the offense with which the juvenile is charged; (III) The juvenile has not been coerced by any other party, including but not limited to the juvenile's parent, guardian, or legal custodian, into making the waiver; Colorado Revised Statutes 2019 Page 195 of 445 Uncertified Printout (IV) The juvenile understands that the court will provide counsel for the juvenile if the juvenile's parent, guardian, or legal custodian is unable or unwilling to obtain counsel for the juvenile; and (V) The juvenile understands the possible consequences that may result from an adjudication or conviction of the offense with which the juvenile is charged, which consequences may occur in addition to the actual adjudication or conviction itself. (d) The appointment of counsel pursuant to this subsection (2) shall continue until: (I) The court's jurisdiction is terminated; (II) The juvenile or the juvenile's parent, guardian, or legal custodian retains counsel for the juvenile; (III) The court finds that the juvenile or his or her parents, guardian, or other legal custodian has sufficient financial means to retain counsel or that the juvenile's parents, guardian, or other legal custodian no longer refuses to retain counsel for the juvenile; or (IV) The court finds the juvenile has made a knowing, intelligent, and voluntary waiver of his or her right to counsel, as described in paragraph (c) of this subsection (2). Source: L. 96: Entire article amended with relocations, p. 1653, § 1, effective January 1, 1997. L. 2008: (1) amended, p. 226, § 3, effective March 31. L. 2011: (1) amended, (HB 111032), ch. 296, p. 1405, § 12, effective August 10. L. 2013: (1) amended, (HB 13-1254), ch. 341, p. 1988, § 7, effective August 7. L. 2014: (1) and (2) amended, (HB 14-1032), ch. 247, p. 951, § 4, effective November 1. L. 2018: IP(2)(a) and IP(2)(b)(I) amended, (SB 18-092), ch. 38, p. 414, § 46, effective August 8. L. 2019: (1)(b) amended, (SB 19-108), ch. 294, p. 2729, § 26, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-402. Prior to relocation in 1996, the said section 19-2-402 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-706 was relocated to section 19-2-308 when this article was amended with relocations in 1996. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-707. Mandatory protection order. (1) (a) There is hereby created a mandatory protection order against any juvenile charged with the commission of a delinquent act and the juvenile's parents or legal guardian, which order shall remain in effect from the time that the juvenile is advised of such juvenile's rights and informed of such order at such juvenile's first appearance before the court until final disposition of the action or, in the case of an appeal, until disposition of the appeal. Such order shall restrain the juvenile and the juvenile's parents or legal guardian from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the delinquent act charged. (b) Repealed. (c) The protection order issued pursuant to this section shall be on a standardized form prescribed by the judicial department, and a copy shall be provided to the protected parties. Colorado Revised Statutes 2019 Page 196 of 445 Uncertified Printout (2) At the time of the juvenile's first appearance before the court, the court shall inform the juvenile and the juvenile's parents or legal guardian of the protection order effective pursuant to this section and shall also inform the juvenile and the juvenile's parents or legal guardian that a violation of such order is punishable as contempt of court. (3) Nothing in this section shall preclude the juvenile or the juvenile's parents or legal guardian from applying to the court at any time for modification or dismissal of the protection order issued pursuant to this section or the district attorney from applying to the court at any time for additional provisions under the protection order, modification of the order, or dismissal of the order. The trial court shall retain jurisdiction to enforce, modify, or dismiss the protection order during the pendency of any appeal that may be brought. (4) The duties of peace officers enforcing orders issued pursuant to this section shall be in accordance with section 18-6-803.5, C.R.S., and any rules adopted by the Colorado supreme court pursuant to said section. Source: L. 96: Entire article amended with relocations, p. 1654, § 1, effective January 1, 1997. L. 99: (1)(b) amended, p. 503, § 13, effective July 1. L. 2000: (1)(b) repealed, p. 1015, § 9, effective July 1. L. 2003: (1), (2), and (3) amended, p. 1015, § 24, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-403. Prior to relocation in 1996, the said section 19-2-403 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3103.1 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-707 was relocated to section 19-2-112 when this article was amended with relocations in 1996. 19-2-708. Entry of plea. (1) Upon the entry of a plea of not guilty to the allegations contained in the petition, the court shall set the matter for an adjudicatory trial. Except as otherwise provided in section 19-2-107, the court shall hold the adjudicatory trial within sixty days following the entry of a plea of not guilty. (2) Upon the entry of a plea of guilty to one or more of the allegations contained in the petition, the court shall advise the juvenile in accordance with rule 3 of the Colorado rules of juvenile procedure. Such advisement shall include the possibility of restorative justice practices, including victim-offender conferences if restorative justice practices are available in the jurisdiction. The advisement regarding restorative justice practices does not establish any right to restorative justice practices on behalf of the juvenile. Source: L. 96: Entire article amended with relocations, p. 1654, § 1, effective January 1, 1997. L. 2008: (2) amended, p. 227, § 4, effective March 31. L. 2011: (2) amended, (HB 111032), ch. 296, p. 1405, § 13, effective August 10. L. 2013: (2) amended, (HB 13-1254), ch. 341, p. 1988, § 8, effective August 7. Editor's note: This section was formerly numbered as 19-2-405 and the former section 19-2-708 was relocated to section 19-2-309. Colorado Revised Statutes 2019 Page 197 of 445 Uncertified Printout 19-2-709. Deferral of adjudication. (1) Except as otherwise provided in subsection (1.5) of this section, in any case in which the juvenile has agreed with the district attorney to enter a plea of guilty, the court, with the consent of the juvenile and the district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period not to exceed one year from the date of entry of the order deferring adjudication. The court may continue the case for an additional one-year period for good cause. (1.5) In a case in which the juvenile has agreed with the district attorney to enter a plea of guilty, resulting in a conviction as defined in section 16-22-102 (3), C.R.S., for unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., the court, with the consent of the juvenile and district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period of time not to exceed two years from the date of the order deferring adjudication. Upon a showing of good cause, the court may continue the case for additional time, not to exceed five years from the date of the order deferring adjudication. (2) Any juvenile granted a deferral of adjudication under this section may be placed under the supervision of a probation department. The court may impose any conditions of supervision that it deems appropriate that are stipulated to by the juvenile and the district attorney. (3) Upon full compliance with such conditions of supervision, the plea of the juvenile or the finding of guilt by the court shall be withdrawn and the case dismissed with prejudice. (3.5) Application for entry of adjudication and imposition of sentence may be made by the district attorney or a probation officer at any time within the term of the deferred adjudication or within thirty-five days thereafter. (4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to sentencing under section 19-2-906. Such lack of compliance shall be a matter to be determined by the court without a jury, upon written application of the district attorney or probation department. At least five days' notice shall be given to the juvenile and his or her parents, guardian, or legal custodian. The burden of proof shall be the same as if the matter were being heard as a probation revocation proceeding. (5) If the juvenile agrees to a deferral of adjudication, he or she waives all rights to a speedy trial and sentencing. Source: L. 96: Entire article amended with relocations, p. 1655, § 1, effective January 1, 1997. L. 2012: (1) amended and (1.5) added, (HB 12-1310), ch. 268, p. 1399, § 18, effective June 7. L. 2013: (3.5) added, (SB 13-229), ch. 272, p. 1431, § 13, effective July 1. Editor's note: This section was formerly numbered as 19-2-702. 19-2-709.5. Implementation committees - repeal. (Repealed) Source: L. 2008: Entire section added, p. 346, § 1, effective July 1. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 346.) Colorado Revised Statutes 2019 Page 198 of 445 Uncertified Printout 19-2-710. Mental health services for juvenile - how and when issue raised procedure - definitions. (1) At any stage of a delinquency proceeding, if the court, prosecution, probation officer, guardian ad litem, parent, or legal guardian has reason to believe that the juvenile could benefit from mental health services, the party shall immediately advise the court of such belief. (2) After the party advises the court of the party's belief that the juvenile could benefit from mental health services, the court shall immediately order a mental health screening of the juvenile pursuant to section 16-11.9-102 using the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b), unless the court already has sufficient information to determine whether the juvenile could benefit from mental health services or unless a mental health screening of the juvenile has been completed within the last three months. Before sentencing a juvenile, the court shall order a mental health screening, using the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b), or make a finding that the screening would not provide information that would be helpful in sentencing the juvenile. The delinquency proceedings shall not be stayed or suspended pending the results of the mental health screening ordered pursuant this section, however, the court may continue the dispositional and sentencing hearing to await the results of the mental health screening. (3) If the mental health screening indicates that the juvenile could benefit from mental health services, the court may order a mental health assessment. (4) At the time the court orders a mental health assessment, the court shall specify the date upon which the assessment shall be completed and returned to the court. The court may assign responsibility for the cost of the assessment to any party having legal custody or legal guardianship of the juvenile. (5) The assessment, at a minimum, shall include an opinion regarding whether the juvenile could benefit from mental health services. If the assessment concludes that the juvenile could benefit from mental health services, the assessment shall identify the juvenile's mental health issues and the appropriate services and treatment. (6) Evidence or treatment obtained as a result of a mental health screening or assessment ordered pursuant to this section, including any information obtained from the juvenile in the course of a mental health screening or assessment, shall be used only for purposes of sentencing; to determine what mental health treatment, if any, to provide to the juvenile; and to determine whether the juvenile justice or another service system is most appropriate to provide this treatment, and must not be used for any other purpose. The mental health screening or assessment and any information obtained in the course of the mental health screening or assessment is not subject to subpoena or any other court process for use in any other court proceeding and is not admissible on the issues raised by a plea of not guilty unless the juvenile places his or her mental health at issue. If the juvenile places his or her mental health at issue, then either party may introduce evidence obtained as a result of a mental health screening or assessment. The court shall keep any mental health screening or assessment in the court file under seal. (7) For purposes of this section: (a) "Assessment" means an objective process used to collect pertinent information in order to identify a juvenile who may have mental health needs and identify the least restrictive and most appropriate services and treatment. Colorado Revised Statutes 2019 Page 199 of 445 Uncertified Printout (b) "Juvenile could benefit from mental health services" means a juvenile exhibits one or more of the following characteristics: (I) A chronic or significant lack of impulse control or of judgment; (II) Significant abnormal behaviors under normal circumstances; (III) (Deleted by amendment, L. 2019.) (IV) Severe or frequent changes in sleeping or eating patterns or in levels of activity; (V) A pervasive mood of unhappiness or of depression; or (VI) A history that includes mental health treatment, a suicide attempt, or the use of psychotropic medication. (c) "Screening" means a short validated mental health screening to identify juveniles who may have mental health needs adopted by the juvenile justice reform committee pursuant to section 24-33.5-2402 (1)(b). (8) Repealed. Source: L. 2008: Entire section added, p. 346, § 1, effective July 1. L. 2019: (2), (6), and (7) amended, (SB 19-108), ch. 294, p. 2719, § 14, effective July 1. Editor's note: Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2011. (See L. 2008, p. 346.) PART 8 ADJUDICATORY PROCEDURES 19-2-801. Short title. This part 8 shall be known and may be cited as "Adjudicatory Procedures". Source: L. 96: Entire article amended with relocations, p. 1655, § 1, effective January 1, 1997. Editor's note: The provisions of former section 19-2-801 were relocated to sections 192-516 and 19-2-908. Prior to relocation in 1996, this section was contained in an article that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-103 as said section existed in 1986, the year prior to the repeal and reenactment of this article. 19-2-802. Evidentiary considerations. (1) All statutes and rules of this state that apply to evidentiary considerations in adult criminal proceedings shall apply to proceedings under this title except as otherwise specifically provided. (2) In any case brought under this title, the credibility of any witness may be challenged because of his or her prior adult felony convictions and juvenile felony adjudications. The fact of such conviction or adjudication may be proved either by the witness through testimony or by other competent evidence. (3) Prior to the juvenile resting his or her case, the trial court shall advise the juvenile outside the presence of the jury that: Colorado Revised Statutes 2019 Page 200 of 445 Uncertified Printout (a) He or she has a right to testify in his or her own behalf; (b) If he or she wants to testify, no one, including his or her attorney, can prevent the juvenile from doing so; (c) If he or she testifies, the prosecutor will be allowed to cross-examine him or her; (d) If he or she has been convicted or adjudicated for a felony, the prosecutor shall be entitled to ask him or her about it and thereby disclose it to the jury; (e) If a felony conviction or adjudication is disclosed to the jury, the jury can be instructed to consider it only as it bears upon his or her credibility; (f) He or she has a right not to testify and that, if he or she does not testify, the jury shall be instructed about such right. Source: L. 96: Entire article amended with relocations, p. 1655, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-505. Prior to relocation in 1996, the said section 19-2-505 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The provisions of former section 19-2-802 were relocated to sections 19-2-516 and 19-2-908 when this article was amended with relocations in 1996. 19-2-803. Legislative declaration - admissibility of evidence. (1) It is hereby declared to be the intent of the general assembly that, when evidence is sought to be excluded from the trier of fact in a delinquency proceeding because of the conduct of a peace officer leading to its discovery, such evidence should not be suppressed if otherwise admissible when the proponent of the evidence can show that the conduct in question was taken in a reasonable, good faith belief that it was proper. It is further declared to be the intent of the general assembly to identify the characteristics of admissible evidence and not to address or attempt to prescribe court procedure. (2) For purposes of this section: (a) "Good faith mistake" is defined in section 19-1-103 (53). (b) "Peace officer" has the meaning set forth in section 16-2.5-101, C.R.S. (c) "Technical violation" is defined in section 19-1-103 (105). (3) Evidence sought to be excluded in a delinquency proceeding because of the conduct of the peace officer leading to its discovery shall not be suppressed by the court if the court finds that the evidence was seized by the peace officer as a result of a good faith mistake or a technical violation and the evidence is otherwise admissible. (4) Evidence that is obtained as a result of a confession voluntarily made in a noncustodial setting shall not be suppressed by the court in a delinquency proceeding if it is otherwise admissible. (5) It shall be prima facie evidence that the conduct of the peace officer was taken in the reasonable good faith belief that it was proper if there is a showing that the evidence was obtained pursuant to and within the scope of a warrant, unless the warrant was obtained through intentional and material misrepresentation. Colorado Revised Statutes 2019 Page 201 of 445 Uncertified Printout Source: L. 96: Entire article amended with relocations, p. 1656, § 1, effective January 1, 1997. L. 2003: (2)(b) amended, p. 1616, § 17, effective August 6. Editor's note: (1) This section was formerly numbered as 19-2-209. Prior to relocation in 1996, the said section 19-2-209 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The provisions of former section 19-2-803 were relocated to sections 19-2-516 and 19-2-908 when this article was amended with relocations in 1996. 19-2-804. Procedures at trial. (1) At the adjudicatory trial, which shall be conducted as provided in section 19-1-106, the court shall consider whether the allegations of the petition are supported by evidence beyond a reasonable doubt. Jurisdictional matters of the age and residence of the juvenile shall be deemed admitted by or on behalf of the juvenile unless specifically denied within a reasonable time prior to the trial. (2) If the juvenile is found not guilty after an adjudicatory trial, the court shall order the petition dismissed and the juvenile discharged from any detention or restriction previously ordered. The juvenile's parents, guardian, or other legal custodian shall also be discharged from any restriction or other previous temporary order. (3) If the juvenile is found guilty after an adjudicatory trial, the court may proceed to sentencing or direct that the matter be set for a separate sentencing hearing within forty-five days following completion of the adjudicatory trial. Source: L. 96: Entire article amended with relocations, p. 1656, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-504. Prior to relocation in 1996, the said section 19-2-504 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The provisions of the former section 19-2-804 were relocated to sections 19-2-516 and 19-2-601 when this article was amended with relocations in 1996. 19-2-805. Method of jury selection. Examination and selection of jurors shall be as provided by rule 47 of the Colorado rules of civil procedure; except that challenges for cause shall be as provided by rule 24 of the Colorado rules of criminal procedure. Source: L. 96: Entire article amended with relocations, p. 1657, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-503 and the former section 19-2-805 was relocated to section 19-2-517. PART 9 Colorado Revised Statutes 2019 Page 202 of 445 Uncertified Printout POSTADJUDICATORY PROCESS Law reviews: For article, "The Overincarceration Rate of Minority Youth: A Judicial Response", see 19 Colo. Law. 1819 (1990). 19-2-901. Short title. This part 9 shall be known and may be cited as "Postadjudicatory Process". Source: L. 96: Entire article amended with relocations, p. 1657, § 1, effective January 1, 1997. 19-2-902. Motion for new trial. (1) All motions for a new trial shall be made pursuant to rule 33 of the Colorado rules of criminal procedure. (2) If the juvenile was not represented by counsel, the court shall inform the juvenile and his or her parent, guardian, or legal custodian at the conclusion of the trial that they have the right to file a motion for a new trial and that, if such motion is denied, they have the right to appeal. Source: L. 96: Entire article amended with relocations, p. 1657, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-601. Prior to relocation in 1996, the said section 19-2-601 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-106 and 19-3-116, as said sections existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-902 was relocated to section 19-1-306 when this article was amended with relocations in 1996. 19-2-903. Appeals. (1) Appellate procedure shall be provided by the Colorado appellate rules. Initials shall appear on the record on appeal in place of the name of the juvenile and other respondents. Appeals shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time. (2) The prosecution in a delinquency case may appeal any decision of the trial court as provided in section 16-12-102, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1657, § 1, effective January 1, 1997. Editor's note: (1) This section was formerly numbered as 19-2-602. Prior to relocation in 1996, the said section 19-2-602 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-112, as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The former section 19-2-903 was relocated to section 19-2-111 when this article was amended with relocations in 1996. Colorado Revised Statutes 2019 Page 203 of 445 Uncertified Printout 19-2-904. Posttrial bail. A juvenile's application for posttrial bail shall be governed by part 2 of article 4 of title 16, C.R.S., and the provisions concerning bail in section 19-2-509. Source: L. 96: Entire article amended with relocations, p. 1657, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-603 and the former section 19-2-904 was relocated to section 19-2-110. 19-2-905. Presentence investigation. (1) (a) Prior to the sentencing hearing, juvenile probation for the judicial district in which the juvenile is adjudicated shall conduct a presentence investigation unless waived by the court on its own determination or on recommendation of the prosecution or the juvenile. The presentence investigation must take into consideration and build on the intake assessment performed by the screening team. The presentence investigation may address, but is not limited to, the following: (I) The details of the offense; (II) Statements made by the victims of the offense; (III) The amount of restitution, if any, that should be imposed on the juvenile or the juvenile's parent, guardian, or legal custodian; (IV) The juvenile's previous criminal record, if any, if the juvenile has not been adjudicated for an act that constitutes unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.; (V) Any history of substance abuse by the juvenile; (VI) The juvenile's education history, including any special education history and any current individualized education program the juvenile may have pursuant to section 22-20-108, C.R.S.; (VI.5) The juvenile's employment history; (VII) The juvenile's family, kin, and persons having a significant relationship with the juvenile; (VIII) The juvenile's peer relationships; (IX) The status of juvenile programs and community placements in the juvenile's judicial district of residence; (X) Other related material; (XI) Review of placement and commitment criteria adopted pursuant to section 19-2212, which shall be the criteria for any sentencing recommendations included in the presentence investigation; (XII) Assessment of the juvenile's needs; and (XIII) Recommendations and a proposed treatment plan for the juvenile. (b) If the juvenile has been adjudicated for an act that constitutes unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., then the report on the presentence investigation shall include the juvenile's previous criminal and juvenile delinquency records, if any. (2) (a) The probation department shall conduct a presentence investigation in each case unless waived by the court on its own determination or on recommendation of the prosecution or Colorado Revised Statutes 2019 Page 204 of 445 Uncertified Printout the juvenile. The level of detail included in the presentence investigation may vary, as appropriate, with the services being considered for the juvenile. (b) (I) Except as provided in subsection (2)(b)(II) of this section, if the juvenile is adjudicated on or after July 1, 2018, the report described in subsection (1)(a) of this section must include the following statement: Each adjudicated juvenile may, at the time of adjudication or at any time thereafter, apply to the court for an order of collateral relief of the consequences of the juvenile's adjudication pursuant to the provisions of section 19-2-927, Colorado Revised Statutes. (II) The report described in subsection (1)(a) of this section need not include the statement described in subsection (2)(b)(I) of this section if the juvenile: (A) Has been adjudicated for a felony that included an element that requires a victim to suffer a serious bodily injury and the victim suffered a permanent impairment of the function of any part or organ of the body; (B) Has been adjudicated for a crime of violence as described in section 18-1.3-406; or (C) Is required to register as a sex offender pursuant to section 16-22-103. (3) (a) The state court administrator may implement a behavioral or mental health disorder screening program to be used by the juvenile court. If the state court administrator chooses to implement a behavioral or mental health disorder screening program, the juvenile court shall use the standardized behavioral or mental health disorder screening developed pursuant to section 16-11.9-102 and conduct the screening in accordance with the procedures established pursuant to said section. The findings and results of any standardized behavioral or mental health disorder screening conducted pursuant to this subsection (3) must be included in the written report to the court prepared and submitted pursuant to this section. (b) Prior to implementation of a behavioral or mental health disorder screening program pursuant to this subsection (3), if implementation of the program would require an increase in appropriations, the state court administrator shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health disorder screening program. If implementation of the behavioral or mental health disorder screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request. (4) Prior to sentencing a juvenile who was adjudicated for an offense that would be a felony or misdemeanor not contained in title 42, C.R.S., if committed by an adult, the court may order the juvenile to participate in an assessment to determine whether the juvenile would be suitable for participation in restorative justice practices that would be a part of the juvenile's sentence; except that the court may not order participation in a restorative justice practice if the juvenile was adjudicated a delinquent for unlawful sexual behavior, as defined in section 16-22102 (9), C.R.S., a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1), C.R.S., stalking as defined in section 18-3-602, C.R.S., or violation of a protection order as defined in section 18-6-803.5, C.R.S. If the court orders a suitability assessment, the assessor shall provide the services for a fee of no more than forty dollars based on a sliding scale; however, the fee may be reduced by the court based on a sliding scale consistent with guidelines used to determine eligibility for appointment of counsel. If a juvenile wants to participate in restorative justice practices, the juvenile must make the request to the district attorney or the law enforcement agency administering the program and may not Colorado Revised Statutes 2019 Page 205 of 445 Uncertified Printout make the request to the victim. If requested by the juvenile or law enforcement agency, a victimoffender conference may only be conducted after the victim is consulted by the district attorney and offered an opportunity to participate or submit a victim impact statement. If a victim elects not to attend, a victim-offender conference may be held with a suitable victim surrogate or victim advocate, and the victim may submit a victim impact statement. If the juvenile participates in a restorative justice practices victim-offender conference, the facilitator shall provide these services for a fee of no more than one hundred twenty-five dollars based on a sliding scale; however, the fee may be waived by the court. Source: L. 96: Entire article amended with relocations, p. 1658, § 1, effective January 1, 1997. L. 99: (1) amended, p. 314, § 1, effective July 1. L. 2002: (3) added, p. 578, § 10, effective May 24; (1)(a)(IV) and (1)(b) amended, p. 1187, § 25, effective July 1. L. 2003: (1)(a) amended, p.1807, § 3, effective August 6. L. 2011: (4) added, (HB 11-1032), ch. 296, p. 1406, § 14, effective August 10. L. 2013: (4) amended, (HB 13-1254), ch. 341, p. 1988, § 9, effective August 7. L. 2017: (3) amended, (SB 17-242), ch. 263, p. 1311, § 155, effective May 25. L. 2018: (2) amended, (HB 18-1344), ch. 259, p. 1593, § 5, effective July 1. L. 2019: IP(1)(a) and (1)(a)(VII) amended, (SB 19-108), ch. 294, p. 2720, § 15, effective July 1. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-2-906. Sentencing hearing. (1) (a) After making a finding of guilt, the court shall hear evidence on the question of the proper disposition best serving the interests of the juvenile 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) In those cases in which the juvenile is adjudicated a juvenile delinquent for an act that constitutes unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., the court shall consider the juvenile's previous criminal and juvenile delinquency records, if any, set forth in the presentence investigation report prepared pursuant to section 19-2-905 (1)(b) in determining the proper disposition for the juvenile and the public. (2) If the court has reason to believe that the juvenile may have an intellectual and developmental disability, the court shall refer the juvenile 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 juvenile may have a behavioral or mental health disorder, the court shall order a mental health hospital placement prescreening to be conducted in any appropriate place. (2.5) (a) If the court receives a mental health screening or mental health assessment pursuant to section 19-2-710 determining that the juvenile could benefit from mental health services, or the court already has sufficient information to determine that the juvenile could benefit from mental health services, the court may order mental health services as a part of the disposition. (b) Repealed. (3) (a) The court may continue the sentencing hearing, either on its own motion or on the motion of any interested party, for a reasonable period to receive reports or other evidence; Colorado Revised Statutes 2019 Page 206 of 445 Uncertified Printout except that the court shall determine sentencing within forty-five days following completion of the adjudicatory trial. (b) If the hearing is continued, the court shall make an appropriate order for detention of the juvenile or for his or her release in the custody of his or her 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 juvenile who is in detention or who has otherwise been removed from his or her home before an order of disposition has been made. (4) In any case in which the sentence is placement out of the home, except for juveniles committed to the department of human services, the court shall, at the time of placement, set a review within ninety days to determine if continued placement is necessary and is in the best interest of the juvenile and of the community. Notice of said review shall be given by the court to all parties and to the director of the facility or agency in which the juvenile is placed and any person who has physical custody of the juvenile and any attorney or guardian ad litem of record. Source: L. 96: Entire article amended with relocations, p. 1659, § 1, effective January 1, 1997. L. 99: (1) amended, p. 315, § 2, effective July 1. L. 2002: (2) amended, p. 578, § 11, effective May 24; (1)(b) amended, p. 1188, § 26, effective July 1. L. 2006: (2) amended, p. 1401, § 54, effective August 7. L. 2008: (2.5) added, p. 348, § 2, effective July 1. L. 2017: (2) amended, (SB 17-242), ch. 263, p. 1312, § 156, effective May 25. Editor's note: (1) This section was formerly numbered as § 19-2-701. Prior to relocation in 1996, the said § 19-2-701 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in § 19-3109 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Subsection (2.5)(b)(II) provided for the repeal of subsection (2.5)(b), effective July 1, 2011. (See L. 2008, p. 348.) Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-2-906.5. Orders - community placement - reasonable efforts required - reviews. (1) If the court orders legal custody of a juvenile to a county department of human or social services pursuant to the provisions of this article 2, the order must contain specific findings as follows: (a) Whether placement of the juvenile out of the home would be in the juvenile's and the community's best interests; (b) Whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home, whether it is reasonable that such efforts are not made because an emergency situation exists that requires the immediate removal of the juvenile from the home, or whether such efforts are not required because of circumstances described in section 19-1-115 (7); and (c) (Deleted by amendment, L. 2006, p. 508, § 3, effective April 18, 2006.) Colorado Revised Statutes 2019 Page 207 of 445 Uncertified Printout (d) Whether reasonable efforts have been made to identify kin or a suitable adult with whom to place the juvenile. (1.5) For all hearings and reviews concerning the juvenile, the court shall ensure that notice is provided to the juvenile and to the following persons with whom the juvenile is placed: (a) Foster parents; (b) Pre-adoptive parents; (c) Relatives; or (d) Kin, as defined in section 19-1-103 (71.3). (2) (a) Every six months after the sentencing hearing provided in section 19-2-906, the court shall hold a hearing to review any order of community placement or, if there is no objection by any party to the action, the court may require the department of human services to conduct an administrative review. The entity scheduling the review shall provide notice of the review to the juvenile, the juvenile's parents or guardian, any service providers working with the juvenile, the juvenile's guardian ad litem, if one has been appointed, and all attorneys of record to allow appearances of any of said persons at the review. At the review conducted pursuant to this subsection (2), the reviewing entity shall determine: (I) Whether continued community placement is in the best interests of the juvenile and the community; (II) Whether the juvenile's safety is protected in the community placement; (III) Whether reasonable efforts have been made to return the juvenile to the home or whether the juvenile should be permanently removed from his or her home; (IV) Whether continued community placement is necessary and appropriate; (V) Whether there has been compliance with the juvenile's case plan; (VI) Whether progress has been made toward alleviating or mitigating the causes that necessitated the community placement; and (VII) Whether there is a date projected by which the juvenile will be returned and safely maintained in his or her home, placed for legal guardianship, or placed in a planned permanent living arrangement. (b) If the juvenile resides in a placement out of state, the entity conducting the review shall make a determination that the out-of-state placement continues to be appropriate and in the best interests of the juvenile. (c) (Deleted by amendment, L. 2001, p. 844, § 5, effective June 1, 2001.) (3) (a) If the juvenile is in the legal custody of a county department of human or social services and is placed in a community placement for a period of twelve months or longer, the district court, another court of competent jurisdiction, or an administrative body appointed or approved by the court that is not under the supervision of the department shall conduct a permanency hearing within said twelve months and every twelve months thereafter for as long as the juvenile remains in community placement. At the permanency hearing, the entity conducting the hearing shall make the following determinations: (I) Whether continued community placement is in the best interests of the juvenile and the community; (II) Whether the juvenile's safety is protected in the community placement; (III) Whether reasonable efforts have been made to finalize the juvenile's permanency plan that is in effect at that time; (IV) Whether continued community placement is necessary and appropriate; Colorado Revised Statutes 2019 Page 208 of 445 Uncertified Printout (V) Whether there has been compliance with the juvenile's case plan; (VI) Whether progress has been made toward alleviating or mitigating the causes that necessitated the community placement; (VII) Whether there is a date projected by which the juvenile will be returned and safely maintained in his or her home, placed for legal guardianship, or placed in a planned permanent living arrangement; and (VIII) Whether procedural safeguards to preserve parental rights have been applied in connection with the removal of the juvenile from the home, any change in the juvenile's community placement, or any determination affecting parental visitation. (b) If the juvenile resides in a placement out of state, the entity conducting the review shall make a determination that the out-of-state placement continues to be appropriate and in the best interests of the juvenile. (c) (Deleted by amendment, L. 2001, p. 844, § 5, effective June 1, 2001.) (d) The entity conducting the permanency hearing shall consult with the juvenile, in an age-appropriate manner, concerning the juvenile's permanency plan. Source: L. 99: Entire section added, p. 909, § 4, effective July 1. L. 2001: Entire section amended, p. 844, § 5, effective June 1. L. 2006: (1) and (3)(a) amended, p. 508, § 3, effective April 18. L. 2007: (1.5) and (3)(d) added, p. 1016, §§ 3, 2, effective May 22. L. 2018: IP(1) and IP(3)(a) amended, (SB 18-092), ch. 38, p. 415, § 47, effective August 8. L. 2019: (1)(d) and (1.5)(d) added and (1.5)(b) and (1.5)(c) amended, (SB 19-108), ch. 294, p. 2720, § 16, effective July 1. Cross references: For the legislative declaration contained in the 1999 act enacting this section, see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative declaration contained in the 2001 act amending this section, see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-907. Sentencing schedule - options. (1) Upon completion of the sentencing hearing pursuant to section 19-2-906, the court shall enter a decree of sentence or commitment imposing any of the following sentences or combination of sentences, as appropriate: (a) Commitment to the department of human services, as provided in section 19-2-909; (b) Confinement in the county jail or in community corrections, as provided in section 19-2-910; (c) Detention, as provided in section 19-2-911; (d) Placement of legal custody of the juvenile with a relative or other suitable person, as provided in section 19-2-912; (e) Probation, as provided in section 19-2-913; (f) Commitment to the community accountability program, as provided in section 19-2914; (g) Placement of legal custody of the juvenile in the county department of human or social services or a child placement agency, as provided in section 19-2-915; (h) Placement of the juvenile in a hospital or other suitable facility for receipt of special care, as provided in section 19-2-916; Colorado Revised Statutes 2019 Page 209 of 445 Uncertified Printout (i) Imposition of a fine, as provided in section 19-2-917; (j) Ordering the juvenile to pay restitution, as provided in section 19-2-918; (k) Ordering the juvenile to complete an anger management treatment program or any other appropriate treatment program, as provided in section 19-2-918.5; (l) Participation in an evaluation to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile's sentence; except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., a crime in which the underlying factual basis involves domestic violence as defined in section 18-6-800.3 (1), C.R.S., stalking as defined in section 18-3-602, C.R.S., or violation of a protection order as defined in section 18-6-803.5, C.R.S. If the court orders participation in restorative justice practices, the facilitator shall provide these services for a fee of no more than one hundred twenty-five dollars based on a sliding scale; however, the fee may be waived by the court. Nothing in this paragraph (l) shall be construed to require a victim to participate in a restorative justice victim-offender conference. (2) The judge shall sentence any juvenile adjudicated as a special offender as provided in section 19-2-908. (3) Any sentence imposed on a juvenile pursuant to this section may include the juvenile's parent or guardian, as provided in section 19-2-919. (4) If, as a condition of or in connection with any sentence imposed pursuant to this section, the court requires a juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement. (5) (a) Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender, if the court finds that placement out of the home is necessary and is in the best interests of the juvenile and the community, the court shall place the juvenile, following the criteria established pursuant to section 19-2-212, in the facility or setting that most appropriately meets the needs of the juvenile, the juvenile's 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 or the evaluation for placement required by section 19-1-115 (8)(e). Any placement recommendation in the evaluation prepared by the county department of human or social services must be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. A recommendation prepared by the county department of human or social services must set forth specific facts and reasons for the placement recommendation. If the evaluation for placement recommends placement in a facility located in Colorado that can provide appropriate treatment and that will accept the juvenile, then the court shall not place the juvenile in a facility outside this state. If the court places the juvenile in a facility located in Colorado other than one recommended by the evaluation for placement, in a facility located outside this state in accordance with the evaluation for placement, or in a facility in which the average monthly cost exceeds the amount established by the general assembly in the general appropriation bill, it shall make specific findings of fact, including the monthly cost of the facility in which such juvenile is placed, relating to its placement decision. A copy of such findings must be sent to the chief justice of the supreme court, who shall, notwithstanding section 24-1-136 (11)(a)(I), report monthly to the joint budget committee and annually to the house and senate committees on health and human services, or any successor committees, on such placements. If the court commits the juvenile to the state Colorado Revised Statutes 2019 Page 210 of 445 Uncertified Printout department of human services, it shall not make a specific placement, nor are the provisions of this subsection (5) relating to specific findings of fact applicable. (b) If the court sentences a juvenile to an out-of-home placement funded by the state department of human services or any county, or commits a juvenile to the state department of human services, and the receiving agency determines that such placement or commitment does not follow the criteria established pursuant to section 19-2-212, including the placement recommended by the receiving agency, the receiving agency may, after assessing such juvenile's needs, file a petition with the court for reconsideration of the placement or commitment. Any such petition must be filed not later than thirty days after the placement or commitment. The court shall hear such petition and enter an order thereon not later than thirty days after the filing of the petition, and after notice to all agencies or departments that might be affected by the resolution of the petition, and after all such agencies or departments have had an opportunity to participate in the hearing on the petition. Failure of any such agency or department to appear may be a basis for refusal to accept a subsequent petition by any such agency or department that had an opportunity to appear and be present at the original petition hearing. The notification to the parties required pursuant to this subsection (5)(b) must be made by the petitioning party, and proof of such service must be filed with the court. If the court sentences a juvenile to an out-ofhome placement funded by the county department of human or social services, temporary legal custody of such juvenile must be placed with the county department of human or social services, and the placement recommended by such county department must be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. Any deviation from such recommendation must be supported by specific findings on the record of the case detailing the specific extraordinary circumstances that constitute the reasons for deviations from the placement recommendation of the county department of human or social services. (6) On and after July 1, 2000, each juvenile who is adjudicated for commission of an offense that would constitute a sex offense if committed by an adult or who receives for such offense a deferred adjudication shall be required to pay a surcharge to the sex offender surcharge fund, as provided in section 18-21-103, C.R.S.; except that the judge may waive payment of all or any portion of such surcharge as provided in section 18-21-103 (4), C.R.S. (7) The juvenile court in each judicial district may implement a behavioral or mental health disorder screening program to screen juveniles sentenced pursuant to this part 9. If the juvenile court chooses to implement a behavioral or mental health disorder screening program, the juvenile court shall use the standardized behavioral or mental health disorder screening developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to said section. Source: L. 96: Entire article amended with relocations, p. 1659, § 1, effective January 1, 1997. L. 97: (1)(k) added, p. 1570, § 3, effective July 1. L. 2000: (6) added, p. 924, § 14, effective July 1. L. 2001: (1)(f) amended, p. 718, § 2, effective May 31. L. 2002: (7) added, p. 578, § 12, effective May 24. L. 2007: (5)(a) amended, p. 2029, § 38, effective June 1. L. 2008: (1)(l) added, p. 227, § 5, effective March 31; (5)(a) amended, p. 1893, § 64, effective August 5. L. 2011: (1)(l) amended, (HB 11-1032), ch. 296, p. 1406, § 15, effective August 10. L. 2012: (5)(a) amended, (HB 12-1310), ch. 268, p. 1399, § 19, effective June 7. L. 2017: (5)(a) amended, (SB 17-241), ch. 171, p. 624, § 8, effective April 28; (7) amended, (SB 17-242), ch. 263, p. Colorado Revised Statutes 2019 Page 211 of 445 Uncertified Printout 1312, § 157, effective May 25. L. 2018: (1)(g) and (5) amended, (SB 18-092), ch. 38, p. 415, § 48, effective August 8. Editor's note: This section was formerly numbered as § 19-2-703 (2). Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-908. Sentencing - special offenders. (1) The court shall sentence a juvenile adjudicated as a special offender as follows: (a) Mandatory sentence offender. The court shall place or commit any juvenile adjudicated as a mandatory sentence offender, as described in section 19-2-516 (1), out of the home for not less than one year, unless the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate; except that: (I) If the person adjudicated as a mandatory sentence offender is eighteen years of age or older on the date of the sentencing hearing, the court may sentence that person to the county jail or to a community correctional facility or program for a period not to exceed two years, if such person has been adjudicated a mandatory sentence offender pursuant to this article for acts committed prior to such person's eighteenth birthday; or (II) The juvenile or person may be released by the committing judge upon a showing of exemplary behavior. (b) Repeat juvenile offender. The court shall sentence any juvenile adjudicated as a repeat juvenile offender, as described in section 19-2-516 (2), out of the home for not less than one year, unless the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate; except that: (I) If the person adjudicated as a repeat juvenile offender is eighteen years of age or older on the date of the sentencing hearing, the court may sentence that person to the county jail or to a community correctional facility or program for a period not to exceed two years, if such person has been adjudicated a repeat juvenile offender pursuant to this article for acts committed prior to such person's eighteenth birthday; or (II) The juvenile or person may be released by the committing judge upon a showing of exemplary behavior. (c) Violent juvenile offender. (I) (A) Upon adjudication as a violent juvenile offender, as described in section 19-2-516 (3), the juvenile shall be placed or committed out of the home for not less than one year; except that this sub-subparagraph (A) shall not apply to a juvenile who is ten years of age or older, but less than twelve years of age, when the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate. (B) Upon adjudication as a violent juvenile offender, if the person is eighteen years of age or older on the date of the sentencing hearing, the court may sentence such person to the county jail or to a community correctional facility or program for a period not to exceed two years, if such person has been adjudicated a violent juvenile offender pursuant to this article for acts committed prior to such person's eighteenth birthday. Colorado Revised Statutes 2019 Page 212 of 445 Uncertified Printout (II) The court may commit a violent juvenile offender to the department of human services. The court may impose a minimum sentence during which the juvenile shall not be released from a residential program without prior written approval of the court that made the commitment. (d) Aggravated juvenile offender. The court shall sentence an aggravated juvenile offender as provided in section 19-2-601. Source: L. 96: Entire article amended with relocations, p. 1661, § 1, effective January 1, 1997. L. 99: (1)(b) amended, p. 1372, § 4, effective July 1. Editor's note: This section was formerly numbered as 19-2-801 (2), 19-2-802 (2), and 19-2-803 (2) and (3). Prior to relocation in 1996, these sections were contained in a title that was repealed and reenacted in 1987. Provisions of these sections, as they existed in 1987, were contained in several sections in 1986, the year prior to the repeal and reenactment of this title. For a detailed comparison, see the "Children's Code (1987)" table located in the back of the index. 19-2-909. Sentencing - commitment to the department of human services. (1) (a) Except as otherwise provided in sections 19-2-601 and 19-2-921 for an aggravated juvenile offender, the court may commit a juvenile to the department of human services for a determinate period of up to two years if the juvenile is adjudicated for an offense that would constitute a felony or a misdemeanor if committed by an adult; except that, if the juvenile is younger than twelve years of age and is not adjudicated an aggravated juvenile offender, the court may commit the juvenile to the department of human services only if the juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if committed by an adult. (b) Any commitment to the department of human services pursuant to section 19-2-601 or paragraph (a) of this subsection (1) shall be followed by a mandatory period of parole of six months, unless the period of parole is extended by the juvenile parole board pursuant to section 19-2-1002 (5). (c) For purposes of this section: (I) "Determinate period" is defined in section 19-1-103 (40.5). (II) "Period of parole" means the period between the parole period start date and the parole period end date as determined by the juvenile parole board. The period of parole applies to both mandatory six-month parole and extended parole pursuant to section 19-2-1002 (5). The period of parole continues unless the juvenile is deemed to be on escape status, parole has been suspended pursuant to section 19-2-1002, or the juvenile returns to commitment status pursuant to section 19-2-1004. In such circumstances, the period of parole stops until the juvenile has returned to parole status. (2) Any juvenile committed to the department of human services may be placed in the Lookout Mountain school, the Mount View school, or any other training school or facility, or any other disposition may be made that the department may determine as provided by law. (3) (Deleted by amendment, L. 2008, p. 1106, § 12, effective July 1, 2008.) Source: L. 96: Entire article amended with relocations, p. 1662, § 1, effective January 1, 1997. L. 97: (1)(a) amended, p. 998, § 1, effective May 27. L. 2001: (1)(b) amended and (3) Colorado Revised Statutes 2019 Page 213 of 445 Uncertified Printout added, p. 583, § 1, effective July 1. L. 2003: IP(1)(b) amended, p. 1518, § 1, effective May 1. L. 2008: (1)(b), (1)(c), and (3) amended, p. 1106, § 12, effective July 1. 19-2-910. Sentencing - persons eighteen years of age or older - county jail community corrections. (1) Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender, the court may commit a person eighteen years of age or older but less than twenty-one years of age to the department of human services if he or she is adjudicated a juvenile delinquent for an act committed prior to his or her eighteenth birthday or upon revocation of probation. (2) Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender, the court may sentence a person who is eighteen years of age or older on the date of a sentencing hearing to the county jail for a period not to exceed six months or to a community correctional facility or program for a period not to exceed one year, which may be served consecutively or in intervals, if he or she is adjudicated a juvenile delinquent for an act committed prior to his or her eighteenth birthday. Source: L. 96: Entire article amended with relocations, p. 1663, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-703 (1)(b) and (1)(c). Prior to relocation in 1996, the said 19-2-703 (1)(b) and (1)(c) were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-911. Sentencing - alternative services - detention. (1) Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender and except as provided in subsection (2) of this section, the court may sentence the juvenile to alternative services funded through section 19-2-212 or other alternative services programs. If a juvenile who is thirteen years of age or older fails to make satisfactory progress in the alternative services to which he or she is sentenced or if the court finds that a sentence to alternative services would be contrary to the community interest, the court may sentence any juvenile adjudicated for an offense that would constitute a class 3, class 4, class 5, or class 6 felony or a misdemeanor weapons charge if committed by an adult to detention for a period not to exceed forty-five days. Release for purposes of work, therapy, education, or other good cause may be granted by the court. The court may not sentence to detention any juvenile adjudicated for an offense that would constitute a class 1 or class 2 felony if committed by an adult. (2) In the case of a juvenile who has been adjudicated a juvenile delinquent for the commission of one of the offenses described in section 19-2-508 (3)(a)(IV), the court shall sentence the juvenile to a minimum mandatory period of detention of not fewer than five days. (3) A juvenile who is less than thirteen years of age may not be sentenced to detention unless he or she has been adjudicated for a felony or weapons charge pursuant to section 18-12102, 18-12-105, 18-12-106, or 18-12-108.5. As an alternative, the juvenile probation department may conduct a presentence investigation pursuant to section 19-2-905. The investigation may result in the juvenile: Colorado Revised Statutes 2019 Page 214 of 445 Uncertified Printout (a) Remaining in the custody of a parent, guardian, or legal custodian; or (b) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section 19-1-103 (71.3), or other suitable person under such conditions as the court may impose; or (c) Being placed in a shelter facility; or (d) Being referred to a local county department of human or social services for assessment for placement. Source: L. 96: Entire article amended with relocations, p. 1663, § 1, effective January 1, 1997. L. 2001: (2) amended, p. 137, § 1, effective July 1. L. 2017: (1) amended and (3) added, (HB 17-1207), ch. 269, p. 1484, § 5, effective May 31. L. 2019: (2) amended, (SB 19-108), ch. 294, p. 2729, § 27, effective July 1. Editor's note: This section was formerly numbered as 19-2-703 (1)(e)(I) and (1)(h)(I). Prior to relocation in 1996, the said 19-2-703 (1)(e)(I) and (1)(h)(I) were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-912. Sentencing - placement with relative. Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender, the court may place the juvenile in the legal custody of a relative or other suitable person under such conditions as the court may impose, which may include placing the juvenile on probation, as provided in section 19-2-913, or under protective supervision. Source: L. 96: Entire article amended with relocations, p. 1664, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-703 (1)(g). Prior to relocation in 1996, the said 19-2-703 (1)(g) was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-913. Sentencing - probation - supervised work program. (1) Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender: (a) The court may place the juvenile on probation or under protective supervision in the legal custody of one or both parents or the guardian under such conditions as the court may impose; (b) The court may place the juvenile on probation and place the juvenile in the juvenile intensive supervision program created pursuant to section 19-2-306; (c) The court may require as a condition of probation that the juvenile report for assignment to a supervised work program, place such juvenile in a child care facility that shall provide a supervised work program, or require that the custodial parent or guardian of the juvenile assist the juvenile in participating in a supervised work program, if: Colorado Revised Statutes 2019 Page 215 of 445 Uncertified Printout (I) The juvenile is not deprived of the schooling that is appropriate to his or her age, needs, and specific rehabilitative goals; (II) The supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the age level and physical ability of the juvenile, and is combined with counseling from a juvenile probation officer or other guidance personnel; (III) The supervised work program assignment is made for a period of time consistent with the juvenile's best interest, but not exceeding one hundred eighty days. Source: L. 96: Entire article amended with relocations, p. 1664, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-703 (1)(f), (1)(f.5), and (1)(i). Prior to relocation in 1996, the said 19-2-703 (1)(f), (1)(f.5), and (1)(i) were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-914. Sentencing - community accountability program. Except as otherwise provided in section 19-2-601, the court may sentence the juvenile to participate in the community accountability program as set forth in section 19-2-309.5. Such a sentence is a condition of probation for higher-risk juveniles who would have otherwise been sentenced to detention or out-of-home placement or committed to the department of human services. A sentence pursuant to this section is conditioned on the availability of space in the community accountability program and on a determination by the division of youth services that the juvenile's participation in the program is appropriate. In the event that the division of youth services determines the program is at maximum capacity or that a juvenile's participation is not appropriate, the juvenile must be ordered to return to the sentencing court for another sentencing hearing. Source: L. 96: Entire article amended with relocations, p. 1664, § 1, effective January 1, 1997. L. 2001: Entire section R&RE, p. 718, § 3, effective May 31. L. 2017: Entire section amended, (HB 17-1329), ch. 381, p. 1976, § 38, effective June 6. Editor's note: This section was formerly numbered as 19-2-703 (1)(e)(II). Prior to relocation in 1996, the said 19-2-703 (1)(e)(II) was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 48 of chapter 283, Session Laws of Colorado 1996. 19-2-915. Sentencing - legal custody - social services. Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender, the court, following the criteria for out-ofColorado Revised Statutes 2019 Page 216 of 445 Uncertified Printout home placement established pursuant to section 19-2-212, may place legal custody of the juvenile in the county department of human or social services. Source: L. 96: Entire article amended with relocations, p. 1665, § 1, effective January 1, 1997. L. 2001: Entire section amended, p. 845, § 6, effective June 1. L. 2018: Entire section amended, (SB 18-092), ch. 38, p. 417, § 49, effective August 8. Editor's note: This section was formerly numbered as 19-2-703 (1)(j). Prior to relocation in 1996, the said 19-2-703 (1)(j) was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2001 act amending this section, see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-916. Sentencing - placement based on special needs of the juvenile. (1) Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender, the court may order that the juvenile be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that he or she receive other special care and may place the juvenile in a hospital or other suitable facility for such purposes; except that no juvenile may be placed in a mental health facility operated by the department of human services until the juvenile has received a mental health hospital placement prescreening resulting in a recommendation that the juvenile be placed in a facility for an evaluation pursuant to section 27-65-105 or 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 a seventy-two-hour treatment and evaluation shall 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 the juvenile has a behavioral or mental health disorder. The court shall make, prior to the hearing, such orders regarding temporary custody of the juvenile as are deemed appropriate. (2) Placement in any mental health 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 juvenile'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 juvenile within five days excluding Saturdays, Sundays, and legal holidays. The court shall make, prior to the hearing, such orders regarding temporary custody of the juvenile as are deemed appropriate. Source: L. 96: Entire article amended with relocations, p. 1665, § 1, effective January 1, 1997. L. 2002: (1) amended, p. 579, § 13, effective May 24. L. 2010: (1) amended, (SB 10-175), ch. 188, p. 789, § 39, effective April 29. L. 2017: (1) amended, (SB 17-242), ch. 263, p. 1312, § 158, effective May 25. Colorado Revised Statutes 2019 Page 217 of 445 Uncertified Printout Editor's note: This section was formerly numbered as 19-2-703 (1)(k). Prior to relocation in 1996, the said 19-2-703 (1)(k) was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-2-917. Sentencing - fines. Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender, the court may, as the sole punishment or in addition to any other sentence or commitment specified in section 19-2-907, impose on the juvenile a fine of not more than three hundred dollars. Source: L. 96: Entire article amended with relocations, p. 1665, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-703 (1)(d). Prior to relocation in 1996, the said 19-2-703 (1)(d) was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-918. Sentencing - restitution by juvenile. (1) If the court finds that a juvenile who receives a deferral of adjudication or who is adjudicated a juvenile delinquent has damaged the personal or real property of a victim, that the victim's personal property has been lost, or that personal injury has been caused to a victim as a result of the juvenile's delinquent act, the court, in addition to any other sentence or commitment that it may impose on the juvenile pursuant to section 19-2-907, shall enter a sentencing order requiring the juvenile to make restitution as required by article 18.5 of title 16 and part 6 of article 1.3 of title 18, C.R.S. (2) Restitution shall be ordered to be paid in a reasonable manner, as determined by the court and in accordance with article 18.5 of title 16 and part 6 of article 1.3 of title 18, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1666, § 1, effective January 1, 1997; entire section amended, p. 1782, § 10, effective January 1, 1997. L. 2000: Entire section amended, p. 1041, § 2, effective September 1. L. 2006: Entire section amended, p. 1493, § 23, effective June 1. Editor's note: This section was formerly numbered as 19-2-703 (4)(a) and (4)(b). Prior to relocation in 1996, the said 19-2-703 (4)(a) and (4)(b) were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Colorado Revised Statutes 2019 Page 218 of 445 Uncertified Printout 19-2-918.5. Sentencing - animal cruelty - anger management treatment. (1) In addition to any sentence imposed pursuant to this section, any juvenile who has been adjudicated a juvenile delinquent for the commission of cruelty to animals, as described in section 18-9-202, in which the underlying factual basis of which has been found by the court to include the knowing torture or torment of an animal that needlessly injured, mutilated, or killed an animal, may be ordered to complete an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation. (2) The court may order an evaluation to be conducted prior to disposition if an evaluation would assist the court in determining an appropriate disposition. The parents or legal guardian of the juvenile ordered to undergo an evaluation shall be required to pay the cost of the evaluation. If the evaluation results in a recommendation of treatment and if the court so finds, the juvenile must be ordered to complete an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation. (3) The disposition for any juvenile who has been adjudicated a juvenile delinquent a second or subsequent time, the underlying factual basis of which has been found by the court to include an act of cruelty to animals, as described in section 18-9-202, must include the completion of an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation. (3.5) In addition to any sentence imposed pursuant to this section for any juvenile who has been adjudicated a juvenile delinquent for the commission of cruelty to animals, as described in section 18-9-202, the court may enter an order prohibiting the juvenile or other party from owning, possessing, or caring for a pet animal as defined in section 35-80-102 (10), unless the juvenile's treatment provider makes a specific recommendation not to impose the ban and the court agrees with the recommendation. (4) Nothing in this section shall preclude the court from ordering treatment in any appropriate case. (5) This section does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when the treatment is in accordance with accepted animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 32 of title 44, the treatment of animals involved in research if the research facility is operating under rules set forth by the state or federal government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping. Source: L. 97: Entire section added, p. 1570, § 4, effective July 1. L. 2018: (5) amended, (HB 18-1024), ch. 26, p. 323, § 14, effective October 1. L. 2019: (1), (2), and (3) amended and (3.5) added, (HB 19-1092), ch. 137, p. 1737, § 2, effective August 2. Colorado Revised Statutes 2019 Page 219 of 445 Uncertified Printout Editor's note: Section 3(2) of chapter 137 (HB 19-1092), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after August 2, 2019. 19-2-919. Sentencing - requirements imposed on parents. (1) In addition to any of the provisions specified in sections 19-2-907 to 19-2-918, any sentence imposed pursuant to section 19-2-907 may require: (a) The juvenile or both the juvenile and his or her parent or guardian to perform volunteer service in the community designed to contribute to the rehabilitation of the juvenile or to the ability of the parent or guardian to provide proper parental care and supervision of the juvenile; (b) The parent or guardian of a juvenile or both the parent or guardian and the juvenile to attend the parental responsibility training program described in section 19-2-304. The court may make reasonable orders requiring proof of completion of such training course within a certain time period and may provide that any violation of such orders shall subject the parent or guardian to the contempt sanctions of the court. (c) The juvenile or both the juvenile and his or her custodial parent or parent with parental responsibilities or guardian to perform services for the victim, as provided in section 192-308, designed to contribute to the rehabilitation of the juvenile, if the victim consents in writing to such services. However, the value of the services required to be rendered by the parent, guardian, legal custodian of, or parent with parental responsibilities with respect to the juvenile under this paragraph (c) shall not exceed twenty-five thousand dollars for any one delinquent act. (2) In addition to any sentence imposed pursuant to section 19-2-907 or subsection (1) of this section and regardless of whether the court orders the juvenile to pay restitution pursuant to section 19-2-918, the court may order: (a) The guardian or legal custodian of the juvenile or the parent allocated parental responsibilities with respect to the juvenile to make restitution to one or more victims pursuant to the terms and conditions set forth in this subsection (2); except that the liability of the guardian or legal custodian of the juvenile or parent allocated parental responsibilities with respect to the juvenile under this subsection (2) shall not exceed twenty-five thousand dollars for any one delinquent act. If the court finds, after a hearing, that the guardian or legal custodian of the juvenile or the parent allocated parental responsibilities with respect to the juvenile has made diligent, good faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the guardian or legal custodian or parent allocated parental responsibilities with respect to the juvenile of liability for restitution under this subsection (2). (b) The juvenile's parent, so long as the parent is a party to the delinquency proceedings, to make restitution to one or more victims pursuant to the terms and conditions set forth in this paragraph (b); except that the liability of the juvenile's parent under this paragraph (b) shall not exceed the amount of twenty-five thousand dollars for any one delinquent act. Notwithstanding the provisions of this subsection (2), the court may not enter an order of restitution against a juvenile's parent unless the court, prior to entering the order of restitution, holds a restitution hearing at which the juvenile's parent is present. If the court finds, after the hearing, that the juvenile's parent has made diligent, good faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the parent of liability for restitution under Colorado Revised Statutes 2019 Page 220 of 445 Uncertified Printout this paragraph (b). For purposes of this paragraph (b), "parent" is defined in section 19-1-103 (82)(a). (3) Any order of restitution entered pursuant to this section may be collected pursuant to the provisions of article 18.5 of title 16, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1666, § 1, effective January 1, 1997; (2) amended, p. 1782, § 11, effective January 1, 1997. L. 98: (1)(c) and (2)(a) amended, p. 1408, § 69, effective February 1, 1999. L. 2000: (1)(c) and (2) amended and (3) added, p. 1042, § 3, effective September 1. Editor's note: This section was formerly numbered as 19-2-703 (1)(l) and (4)(c). Prior to relocation in 1996, the said 19-2-703 (1)(l) and (4)(c) were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-3-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-920. Out-of-home placement - runaways - duty to notify. When a juvenile who is sentenced to detention, committed to the department of human services, or otherwise sentenced or placed in out-of-home placement pursuant to section 19-2-907 runs away from the facility or home in which the juvenile is placed, the person in charge of the facility or the foster parent shall notify the court and the local law enforcement agency as soon as possible after discovering that the juvenile has run away from the facility or home. Source: L. 96: Entire article amended with relocations, p. 1667, § 1, effective January 1, 1997. 19-2-921. Commitment to department of human services. (1) (a) When a juvenile is committed to the department of human services, the court shall transmit, with the commitment order, a copy of the petition, the order of adjudication, copies of the social study, any clinical or educational reports, and other information pertinent to the care and treatment of the juvenile. (b) The department of human services shall provide the court with any information concerning a juvenile committed to its care that the court at any time may require. (1.5) (a) When a court commits a juvenile to the state department of human services pursuant to the provisions of this article, the court shall make the following specific determinations: (I) Whether placement of the juvenile outside the home would be in the juvenile's and community's best interest; and (II) Whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home; whether it is reasonable that such efforts are not made because an emergency situation exists that requires the immediate removal of the juvenile from the home; or whether such efforts are not required because of circumstances described in section 19-1-115 (7). (b) If a juvenile is making a transition from the legal custody of a county department of human or social services to commitment with the state department of human services, the court shall conduct a permanency hearing in combination with the sentencing hearing. The court shall Colorado Revised Statutes 2019 Page 221 of 445 Uncertified Printout consider multidisciplinary recommendations for sentencing and permanency planning. In conducting such a permanency hearing, the court shall make determinations pursuant to section 19-2-906.5 (3)(a). (2) (a) The department of human services shall designate receiving centers for juvenile delinquents committed to the department. (b) If a change is made in the designation of a receiving center by the department, it shall so notify the juvenile courts at least thirty days prior to the date that the change takes effect. (3) (a) As provided in section 19-2-907, commitment of a juvenile to the department of human services shall be for a determinate period. (b) (I) The juvenile court may commit any juvenile adjudicated as an aggravated juvenile offender for an offense other than an offense that would constitute a class 1 or class 2 felony if committed by an adult to the department of human services for a determinate period of up to five years. (II) The juvenile court shall commit any juvenile adjudicated as an aggravated juvenile offender for an offense that would constitute a class 2 felony if committed by an adult to the department of human services for a determinate period of at least three but not more than five years. (III) The juvenile court shall commit any juvenile adjudicated as an aggravated juvenile offender for an offense that would constitute a class 1 felony if committed by an adult to the department of human services for a determinate period of at least three but not more than seven years. (c) The juvenile court may commit any juvenile who is not adjudicated an aggravated juvenile offender but is adjudicated for an offense that would constitute a felony or a misdemeanor to the department of human services, and the determinate period of commitment shall not exceed two years; except that, if the juvenile is ten or eleven years of age and is not adjudicated an aggravated juvenile offender, the juvenile may be committed to the department of human services only if the juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if committed by an adult. (3.3) (a) On or before January 1, 2021, the department of human services, in consultation with the juvenile justice reform committee established pursuant to section 24-33.5-2401, shall develop a length of stay matrix and establish criteria to guide the release of juveniles from a state facility that are based on: (I) A juvenile's risk of reoffending, as determined by the results of a validated risk and needs assessment adopted pursuant to section 24-33.5-2402 (1)(a); (II) The seriousness of the offense for which the juvenile was adjudicated delinquent; (III) The juvenile's progress in meeting treatment goals; and (IV) Other criteria as determined by the department and the juvenile justice reform committee. (b) In making release and discharge decisions, the department of human services shall use the matrix and release criteria developed pursuant to this subsection (3.3). (3.5) For all hearings and reviews concerning a juvenile who is committed to the department of human services, the entity conducting the hearing or review shall ensure that notice is provided to the juvenile and to the following persons with whom the juvenile is placed: (a) Foster parents; (b) Pre-adoptive parents; or Colorado Revised Statutes 2019 Page 222 of 445 Uncertified Printout (c) Relatives. (4) The department of human services may petition the committing court to extend the commitment for an additional period not to exceed two years. The petition shall set forth the reasons why it would be in the best interest of the juvenile or the public to extend the commitment. Upon filing the petition, the court shall set a hearing to determine whether the petition should be granted or denied and shall notify all interested parties. (5) (a) When a juvenile is placed in a community placement by the department of human services following commitment pursuant to section 19-2-601 or 19-2-907, an administrative review shall be conducted every six months after said placement for as long as the juvenile remains in a community placement under the department of human services. (b) When a juvenile is placed in a community placement for a period of twelve months or longer, a court of competent jurisdiction or an administrative body appointed or approved by the court that is not under the supervision of the department shall conduct a permanency hearing pursuant to the federal "Social Security Act", 42 U.S.C. sec. 675 (5)(C) no later than the twelfth month of the community placement and at least every twelve months thereafter while the juvenile remains in a community placement. At the permanency hearing, the entity conducting the hearing shall make the following determinations: (I) Whether continued community placement is in the best interests of the juvenile and the community; (II) Whether the juvenile's safety is protected in the community placement; (III) Whether reasonable efforts have been made to finalize the juvenile's permanency plan that is in effect at that time; (IV) Whether continued community placement is necessary and appropriate; (V) Whether there has been compliance with the juvenile's case plan; (VI) Whether progress has been made toward alleviating or mitigating the causes that necessitated the community placement; (VII) Whether there is a date projected by which the juvenile will be returned and safely maintained in his or her home, placed for legal guardianship, or placed in a planned and permanent living arrangement; and (VIII) Whether procedural safeguards to preserve parental rights have been applied in connection with the removal of the juvenile from the home, any change in the juvenile's community placement, or any determination affecting parental visitation. (c) The entity conducting the permanency hearing shall consult with the juvenile, in an age-appropriate manner, concerning the juvenile's permanency plan. (6) Parole supervision of juveniles committed to the department of human services under section 19-2-601 or 19-2-907, as determined by the juvenile parole board, shall not exceed six months, except as otherwise provided by statute. (7) When a juvenile is released or released to parole supervision by the department of human services or escapes from said department, the department shall notify the committing court, the district attorney, the Colorado bureau of investigation, and the initiating law enforcement agency. If the juvenile is on parole status, the division of youth services shall notify the juvenile parole board, pursuant to section 19-2-1002 (7)(b)(II), of any discharge as a matter of law, any placement change that may impact public safety or victim safety as determined by the division of youth services, and any escape and recapture that occurs during the period of parole. Colorado Revised Statutes 2019 Page 223 of 445 Uncertified Printout (7.5) If the terms and conditions of a juvenile's parole include the condition that the juvenile attend school, the department of human services shall notify the school district in which the juvenile will be enrolled of this condition. (8) When a juvenile is released by the department of human services to parole supervision, the payment of any remaining restitution shall be a condition of parole. (9) At least ninety days prior to expiration of commitment to the department of human services, notification shall be given to the responsible person who had custody of the juvenile immediately prior to the commitment. Reasonable efforts shall be made to return custody of the juvenile to the family or responsible person who had custody of the juvenile immediately prior to the commitment, unless a court of competent jurisdiction orders that custody of the juvenile shall be with a different person. (10) When custody of a juvenile who will be under the age of eighteen years at the time of expiration of commitment cannot be determined or none of the resources described in subsection (9) of this section exist, the division of youth services shall make a referral to the lastknown county of residence of the responsible person having custody of the juvenile immediately prior to the commitment. The referral to the county must be made by the division of youth services at least ninety days prior to the expiration of the juvenile's commitment. The county department of human or social services shall conduct an assessment of the child protection needs of the juvenile and, pursuant to rules adopted by the state board, provide services in the best interest of the juvenile. The division of youth services shall work in collaboration with the county department of human or social services conducting the assessment and shall provide parole supervision services as described in section 19-2-1003. (11) If a juvenile who is committed to the department of human services escapes from a facility operated by the department or a facility with which the department contracts, the department shall not count the time the juvenile is on escape status toward completion of the juvenile's commitment. Source: L. 96: Entire article amended with relocations, p. 1667, § 1, effective January 1, 1997. L. 97: (3)(c) amended, p. 998, § 2, effective May 27; (3)(b) amended, p. 1031, § 68, effective August 6. L. 99: (3)(b) amended, p. 34, § 2, effective July 1. L. 2001: (6) amended, p. 584, § 2, effective July 1. L. 2003: (6) amended, p. 1518, § 2, effective May 1. L. 2006: (1.5) added and (5) amended, p. 509, § 4, effective April 18. L. 2007: (3.5) and (5)(c) added, p. 1017, §§ 5, 4, effective May 22. L. 2008: (7) and (9) amended and (7.5) and (10) added, p. 1107, § 13, effective July 1. L. 2010: (11) added, (HB 10-1065), ch. 27, p. 102, § 1, effective March 18. L. 2017: (7) and (10) amended, (HB 17-1329), ch. 381, p. 1976, § 39, effective June 6. L. 2018: (1.5)(b) and (10) amended, (SB 18-092), ch. 38, p. 417, § 50, effective August 8. L. 2019: (3.3) added, (SB 19-108), ch. 294, p. 2721, § 17, effective July 1. Editor's note: This section was formerly numbered as 19-2-704. Prior to relocation in 1996, the said section 19-2-704 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-114 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 224 of 445 Uncertified Printout 19-2-922. Juveniles committed to department of human services - evaluation and placement. (1) (a) Each juvenile committed to the custody of the department of human services shall be examined and evaluated by the department prior to institutional placement or other disposition. (b) Such evaluation and examination shall be conducted at a detention facility and shall be completed within thirty days. The department of human services may, by rule, determine the extent and scope of the evaluation and examination. To the extent possible and relevant, the evidence, reports, examination, studies, and other materials utilized in a sentencing hearing conducted under section 19-2-906 shall also be utilized in evaluation and examination conducted under this section. The provisions of this paragraph (b) shall not apply to examination and evaluation conducted pursuant to section 19-2-923 (1). (c) The examination and evaluation shall include the use of an objective risk assessment that is based upon researched factors that correlate to a risk to the community. The results of the objective risk assessment shall be used to help identify treatment services for the juvenile during his or her commitment and the period of parole supervision. (2) Each juvenile shall then be placed by the department in the appropriate state institution or facility or placed as provided in section 19-2-409 or 19-2-410, as indicated by the examination and evaluation. (3) (a) When the department of human services determines that a juvenile requires placement in a state facility for children with intellectual and developmental disabilities, as defined in article 10.5 of title 27, it shall initiate proceedings pursuant to article 10.5 of title 27 and notify the court. (b) (I) When the department of human services determines that a juvenile may require treatment for a behavioral or mental health disorder, it shall conduct or have a mental health professional conduct a mental health hospital placement prescreening on the juvenile. (II) If the mental health hospital placement prescreening report recommends that the juvenile be evaluated, the juvenile may be transferred to a mental health facility operated by the department of human services for such evaluation. (III) If the evaluation report states that the juvenile has a mental health disorder, as provided in sections 27-65-105 and 27-65-106, the department of human services shall initiate proceedings pursuant to article 65 of title 27 and notify the court. Source: L. 96: Entire article amended with relocations, p. 1669, § 1, effective January 1, 1997. L. 2002: (3)(b)(I) and (3)(b)(II) amended, p. 579, § 14, effective May 24. L. 2006: (3)(b)(III) amended, p. 1401, § 55, effective August 7. L. 2008: (1)(c) added, p. 1098, § 2, effective July 1. L. 2009: (1)(b) amended, (SB 09-044), ch. 57, p. 210, § 18, effective March 25. L. 2010: (3)(b)(III) amended, (SB 10-175), ch. 188, p. 790, § 40, effective April 29. L. 2017: (3) amended, (SB 17-242), ch. 263, p. 1313, § 159, effective May 25. Editor's note: This section was formerly numbered as 19-2-1103. Prior to relocation in 1996, the said section 19-2-1103 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Colorado Revised Statutes 2019 Page 225 of 445 Uncertified Printout Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-2-923. Juveniles committed to department of human services - transfers. (1) The executive director of the department of human services may transfer any juvenile committed under section 19-2-601 or 19-2-907 among the facilities established under sections 19-2-403 and 19-2-406 to 19-2-408; except that, before any juvenile is transferred, he or she shall be examined and evaluated, and such evaluation shall be reviewed by the said executive director before he or she approves the transfer. (2) When the executive director of the department of human services finds that the welfare and protection of a juvenile or of others requires the juvenile's immediate transfer to another facility, he or she shall make the transfer prior to having the juvenile examined and evaluated. (3) (a) Any juvenile committed to the department of human services may be transferred temporarily to any state treatment facility for persons with behavioral or mental health disorders or intellectual and developmental disabilities for purposes of diagnosis, evaluation, and emergency treatment; except that a juvenile may not be transferred to a mental health facility until the juvenile has received a mental health hospital placement prescreening resulting in a recommendation that the juvenile be placed in a facility for evaluation pursuant to section 27-65105 or 27-65-106. A juvenile committed to the department as an aggravated juvenile offender or violent juvenile offender shall not be transferred until the treatment facility has a secure setting in which to house the juvenile. The period of temporary transfer pursuant to this subsection (3)(a) must not exceed sixty days. (b) When a juvenile has remained in the treatment facility for sixty days, the treatment facility shall determine whether the juvenile requires further treatment or services, and, if so, the treatment facility shall confer with the sending facility concerning continued placement. If both facilities agree that the juvenile should remain in the treatment facility, the executive director of the department of human services shall be notified of the recommendation, and he or she may authorize an additional sixty-day placement. When an additional placement is authorized, the court shall be notified of the transferred placement. (c) During each subsequent sixty-day placement period, the juvenile shall be reevaluated by both the treatment facility and the sending facility to determine the need for continued transferred placement. The juvenile shall remain in transferred placement until the facilities agree that such placement is no longer appropriate. At that time the juvenile shall be transferred back to the sending facility or to any other facility that the department determines to be appropriate. The period of placement shall not exceed the length of the original commitment to the department of human services unless authorized by the court after notice and a hearing. (d) When a juvenile is in continued transferred placement and the treatment facility and the sending facility agree that the need for placement of the juvenile is likely to continue beyond the original period of commitment to the department of human services, the treatment facility shall initiate proceedings with the court having jurisdiction over the juvenile pursuant to article 65 of title 27 if the juvenile has a mental health disorder or pursuant to article 10.5 of title 27 if the juvenile has intellectual and developmental disabilities. Colorado Revised Statutes 2019 Page 226 of 445 Uncertified Printout Source: L. 96: Entire article amended with relocations, p. 1670, § 1, effective January 1, 1997. L. 2002: (3)(a) amended, p. 579, § 15, effective May 24. L. 2006: (3)(a) and (3)(d) amended, p. 1401, § 56, effective August 7. L. 2010: (3)(a) and (3)(d) amended, (SB 10-175), ch. 188, p. 790, § 41, effective April 29. L. 2017: (3)(a) and (3)(d) amended, (SB 17-242), ch. 263, p. 1313, § 160, effective May 25. Editor's note: This section was formerly numbered as 19-2-1104. Prior to relocation in 1996, the said section 19-2-1104 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-8-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 19-2-924. Juveniles committed to department of human services - emergency release. The department of human services and the judicial department shall establish guidelines for the emergency release of juveniles committed to the custody of the department of human services during periods of crisis overcrowding of facilities operated by such department. Such guidelines shall take into consideration the best interests of juveniles, the capacity of individual facilities, and the safety of the public. Source: L. 96: Entire article amended with relocations, p. 1671, § 1, effective January 1, 1997. Editor's note: This section was formerly numbered as 19-2-1607. 19-2-924.5. Juveniles committed to department of human services - genetic testing repeal. (Repealed) Source: L. 2000: Entire section added, p. 924, § 17, effective July 1. L. 2002: Entire section amended, p. 1154, § 11, effective July 1; (1)(a) amended, p. 1188, § 27, effective July 1. L. 2006: (5) added by revision, pp. 1690, 1693, §§ 11, 17. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2007. (See L. 2006, pp. 1690, 1693.) 19-2-924.7. Juveniles committed to the department of human services - prohibition against the use of restraints on pregnant juveniles. (1) The staff of the department of human services, in restraining a female juvenile committed to the department of human services or detained in a juvenile facility, shall use the least restrictive restraints necessary to ensure safety if the staff have actual knowledge or a reasonable belief that the juvenile is pregnant. The requirement that staff use the least restrictive restraints necessary to ensure safety shall continue during postpartum recovery and transport to or from a juvenile facility. Colorado Revised Statutes 2019 Page 227 of 445 Uncertified Printout (2) (a) (I) Staff of the department of human services or medical facility staff shall not use restraints of any kind on a pregnant juvenile during labor and delivery of the child; except that staff may use restraints if: (A) The medical staff determine that restraints are medically necessary for safe childbirth; (B) The staff of the department of human services or medical staff determine that the juvenile presents an immediate and serious risk of harm to herself, to other patients, or to medical staff; or (C) The staff of the department of human services determine that the juvenile poses a substantial risk of escape that cannot reasonably be reduced by the use of other existing means. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, under no circumstances shall staff use leg shackles or waist restraints on a juvenile during labor and delivery of the child, postpartum recovery while in a medical facility, or transport to or from a medical facility for childbirth. (b) The staff of the department of human services or medical facility authorizing the use of restraints on a pregnant juvenile during labor or delivery of the child shall make a written record of the use of restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The department of human services staff shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the juvenile who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint shall not constitute a medical record under state or federal law. (3) Upon return to a department of human services facility after childbirth, the juvenile shall be entitled to have a member of the department of human services' medical staff present during any strip search. (4) When a juvenile's pregnancy is determined, the staff of the department of human services shall inform a pregnant juvenile committed to the department of human services in writing in a language and in a manner understandable to the juvenile of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search. (5) The executive director of the department of human services shall ensure that the staff of the department of human services receive adequate training concerning the provisions of this section. Source: L. 2010: Entire section added, (SB 10-193), ch. 312, p. 1466, § 3, effective January 1, 2011. 19-2-925. Probation - terms - release - revocation - graduated responses system report. (1) (a) The terms and conditions of probation must be specified by rules or orders of the court. The court, as a condition of probation for a juvenile who is ten years of age or older but less than eighteen years of age on the date of the sentencing hearing, may impose a commitment or detention. The aggregate length of any such commitment or detention, whether continuous or at designated intervals, must not exceed forty-five days; except that such limit does not apply to any placement out of the home through a county department of human or social services. Each Colorado Revised Statutes 2019 Page 228 of 445 Uncertified Printout juvenile placed on probation must be given a written statement of the terms and conditions of his or her probation and have the terms and conditions fully explained to him or her. (b) The court, as a condition of probation for a youth eighteen years of age or older at the time of sentencing for delinquent acts committed prior to his or her eighteenth birthday, may impose as a condition of probation a sentence to the county jail that shall not exceed ninety days; except that such sentence may be for a period of up to one hundred eighty days if the court orders the youth released for school attendance, job training, or employment. (2) (a) Conditions of probation shall be customized to each juvenile based on the guidelines developed by the committee on juvenile justice reform pursuant to section 24-33.52402. The court shall, as minimum conditions of probation, order that the juvenile: (I) Not violate any federal or state statutes, municipal ordinances, or orders of the court; (II) Not use or possess a firearm, a dangerous or illegal weapon, or an explosive or incendiary device, unless granted written permission by the court or probation officer; (III) Report to a probation officer at reasonable times as directed by the court or probation officer; (IV) Permit the probation officer to visit the juvenile at reasonable times at his or her home or elsewhere; (V) Remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation officer; (VI) Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment; (VII) Make restitution as ordered by the court; (VIII) Pay the victim compensation fee as ordered by the court; (IX) Pay the surcharge levied pursuant to section 24-4.2-104 (1)(a)(I); and (X) May be evaluated to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile's probation program; except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior as defined in section 16-22-102 (9), a crime in which the underlying factual basis involves domestic violence as defined in section 18-6-800.3 (1), stalking as defined in section 18-3-602, or violation of a protection order as defined in section 18-6-803.5. (b) The court shall use the results from a validated risk and needs assessment adopted by the juvenile justice reform committee pursuant to section 24-33.5-2402 (1)(b) to inform the court of additional conditions of probation, as necessary. (3) (a) The court may periodically review the terms and conditions of probation and the progress of each juvenile placed on probation. Counsel for the juvenile does not have to be present at any probation review hearing unless notified by the court that a petition to revoke probation has been filed. (b) The court may release a juvenile from probation prior to the completion of his or her term of probation, pursuant to section 19-2-925, or modify the terms and conditions of his or her probation at any time, but any juvenile who has complied satisfactorily with the terms and conditions of his or her probation for a period of two years shall be released from probation, and the jurisdiction of the court shall be terminated. (4) Before January 1, 2021, the state court administrator shall establish rules to develop a statewide system of structured community-based graduated responses, including incentives and Colorado Revised Statutes 2019 Page 229 of 445 Uncertified Printout sanctions, to guide probation officers in determining how best to motivate positive juvenile behavior change and the appropriate response to a violation of terms and conditions of juvenile probation. Graduated responses means an accountability-based series of sanctions and services designed to respond to a juvenile's violation of probation quickly, consistently, and proportionally and incentives to motivate positive behavior change and successful completion of probation and his or her treatment goals. Juvenile probation shall adopt and use a state juvenile graduated responses and incentives system developed pursuant to this subsection (4) or develop and use a locally developed system that is aligned to best practices. Policies and procedures for the graduated responses system must: (a) Include incentives that encourage the completion of treatment milestones as well as compliance with the terms and conditions of a juvenile's probation and that reward behavior aligned with the expectations of supervision and the juvenile's case plan; and (b) Require that a response to a juvenile's violation of the terms and conditions of his or her supervision take into consideration: (I) The risk of the juvenile to reoffend, as determined by the results of a validated risk and needs assessment; (II) The previous history of violations and the underlying cause of the juvenile's behavior leading to the violation; (III) The severity of the current violation; (IV) The juvenile's case plan; and (V) The previous responses by the juvenile to past violations. (5) Whenever a probation office has reasonable cause to believe that a juvenile has committed a violation of the terms and conditions of probation and that graduated responses developed pursuant to subsection (4) of this section have previously been applied or when the nature of the violation poses a substantial risk of serious harm to others, the probation officer, following the approval of his or her chief probation officer or the chief's designee, shall petition the court for revocation and shall file written information with the court concerning the juvenile's violation behavior history and the responses applied pursuant to the graduated response system pursuant to subsection (4) of this section. (6) Unless there is reason to believe that a juvenile would not appear, would interfere with the juvenile justice process, or poses substantial risk of serious harm to others, probation officers shall issue a summons, or other method approved by local court rule, rather than a warrant when filing a petition for revocation. (7) The state court administrator shall collect data related to the use of the graduated responses and incentives system and report this data annually to the judiciary committees of the senate and house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees, and the chief justice of the Colorado supreme court. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the reports to the committees continue indefinitely. Data collected by the state court administrator must include at a minimum the types of responses and incentives that were issued, the number of formal violations filed, and the behavior resulting in the violation. (8) (a) When it is alleged that a juvenile has violated the terms and conditions of his or her probation, and graduated responses have been imposed and exhausted, pursuant to subsection (7) of this section, the court shall set a hearing on the alleged violation and shall give notice to Colorado Revised Statutes 2019 Page 230 of 445 Uncertified Printout the juvenile and his or her parents, guardian, or other legal custodian and any other parties to the proceeding as provided in section 19-2-514. (b) The juvenile and his or her parents, guardian, or other legal custodian shall be given a written statement concerning the alleged violation and shall have the right to be represented by counsel at the hearing and shall be entitled to the issuance of compulsory process for the attendance of witnesses. (c) When the juvenile has been taken into custody because of the alleged violation, the provisions of sections 19-2-507, 19-2-507.5, and 19-2-508 apply. (d) (I) The hearing on the alleged violation shall be conducted as provided in section 191-106. (II) Subject to the provisions of section 19-2-907, if the court finds that the juvenile violated the terms and conditions of probation, it may modify the terms and conditions of probation, revoke probation, or take such other action permitted by this article 2 that is in the best interest of the juvenile and the public. (III) If the court finds that the juvenile did not violate the terms and conditions of his or her probation as alleged, it shall dismiss the proceedings and continue the juvenile on probation under the terms and conditions previously prescribed. (e) If the court revokes the probation of a person over eighteen years of age, in addition to other action permitted by this article 2, the court may sentence him or her to the county jail for a period not to exceed one hundred eighty days during which time he or she may be released during the day for school attendance, job training, or employment, as ordered by the court; except that, if the sentence imposed exceeds ninety days, the court shall order the person released for school attendance, job training, or employment while serving his or her sentence. (9) Following specification of the terms and conditions of probation, where the conditions of probation include requiring the juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement. Source: L. 96: Entire article amended with relocations, p. 1671, § 1, effective January 1, 1997. L. 99: (1) and (4)(e) amended, p. 1372, § 5, effective July 1; (2)(d) amended, p. 59, § 2, effective July 1. L. 2003: (2)(d) amended, p. 1806, § 2, effective August 6. L. 2008: (2)(j) and (2)(k) amended and (2)(l) added, p. 227, § 6, effective March 31. L. 2011: (2)(l) amended, (HB 11-1032), ch. 296, p. 1407, § 16, effective August 10. L. 2018: (1)(a) amended, (SB 18-092), ch. 38, p. 417, § 51, effective August 8. L. 2019: Entire section amended, (SB 19-108), ch. 294, p. 2721, § 18, effective July 1. Editor's note: This section was formerly numbered as 19-2-705. Prior to relocation in 1996, the said section 19-2-705 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-3-117 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-2-925.2. Juvenile probation standards - development. (1) Before July 1, 2021, the state court administrator, in consultation with judges, the judicial branch, district attorneys, Colorado Revised Statutes 2019 Page 231 of 445 Uncertified Printout defense counsel, the delivery of the child welfare services task force created in section 26-5105.8, and other interested parties shall establish statewide standards for juvenile probation supervision and services that are aligned with research-based practices and based on the juvenile's risk of reoffending as determined by a validated risk and needs assessment tool adopted pursuant to section 24-33.5-2402. The state court administrator shall at least annually provide training to juvenile probation on the adoption and implementation of these standards. Juvenile standards must include, but need not be limited to: (a) Guidelines to support juvenile probation in adopting the most effective staffing and workloads in order to allocate probation resources most appropriately; (b) Standards for minimum case contacts, including contacts with juveniles as well as their family members; (c) (I) Common elements for written individualized case plans for each juvenile placed under the supervision of a probation officer. In developing such a case plan, juvenile probation shall use, but need not be limited to: (A) The results of a validated risk and needs assessment; (B) The results of a validated mental health screening, and full assessment if conducted; (C) The trauma, if any, experienced by the juvenile; (D) The education level of the juvenile and any intellectual and developmental disability; (E) The seriousness of the offense committed by the juvenile; and (F) Any relevant information provided by the family of the juvenile, including the prosocial interests of the juvenile. (II) A case plan developed pursuant to this section must: (A) Address the risks the juvenile presents and the juvenile's service needs based on the results of the validated risk and needs assessment, including specific treatment goals; (B) Specify the level of supervision and intensity of services that the juvenile shall receive; (C) Provide referrals to treatment providers that may address the juvenile's risks and needs; (D) Be developed in consultation with the juvenile and the juvenile's family or guardian; (E) Specify the responsibilities of each person or agency involved with the juvenile; and (F) Provide for the full reentry of the juvenile into the community; (d) (I) Criteria and policies for the early termination of juveniles under the supervision of juvenile probation. (II) Juvenile probation and the juvenile court shall consider the following factors, among others, in determining the early termination of supervision: (A) The seriousness of the offense committed by the juvenile resulting in placement under the supervision of a probation officer; (B) The results of a validated risk and needs assessment, which shall be conducted at least every six months to determine whether the juvenile's risk of reoffending or risk scores in key domains have been reduced; (C) The juvenile's progress in meeting the goals of the juvenile's individualized case plan; and (D) The juvenile's offense history, if any, during the juvenile's probation term. Colorado Revised Statutes 2019 Page 232 of 445 Uncertified Printout (e) Common criteria for when juvenile probation officers may recommend the use of out-of-home placements and commitment to the division of youth services. The court shall consider the results of a validated risk and needs assessment, a validated mental health screening, and, if applicable, a full mental health assessment conducted pursuant to section 2433.5-2402 to make decisions concerning the placement of the juvenile. Source: L. 2019: Entire section added, (SB 19-108), ch. 294, p. 2725, § 19, effective July 1. 19-2-925.5. Genetic testing - repeal. (Repealed) Source: L. 2000: Entire section added, p. 924, § 17, effective July 1. L. 2002: Entire section amended, p. 1154, § 12, effective July 1; (1)(a) amended, p. 1188, § 28, effective July 1. L. 2006: (5) added by revision, pp. 1690, 1693, §§ 12, 17. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2007. (See L. 2006, pp. 1690, 1693.) 19-2-925.6. Genetic testing of adjudicated offenders - definitions. (1) Beginning July 1, 2007, each of the following adjudicated offenders shall submit to and pay for collection and a chemical testing of the offender's biological substance sample to determine the genetic markers thereof, unless the offender has already provided a biological substance sample for such testing pursuant to a statute of this state: (a) Every offender who, on or after July 1, 2007, is in the custody of the department of human services for a commitment imposed before that date, including an offender on parole, based on adjudication for an offense involving unlawful sexual behavior, or for which the underlying factual basis involved an offense involving unlawful sexual behavior. The department shall collect the sample as soon as possible. (b) Every offender who, on or after July 1, 2007, is on probation or supervision for a sentence that was imposed before that date, or is on a deferred adjudication that was before that date, for an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior. The judicial department shall collect the sample at least thirty days prior to the offender's scheduled termination of probation, supervision, or deferred adjudication. (c) Every offender who, on or after July 1, 2007, is in a county jail or a community corrections facility for a sentence imposed before that date based on adjudication for an offense that would constitute a felony if committed by an adult. The sheriff or the community corrections program shall collect the sample at least thirty days prior to the offender's release from the custody of the county jail or community corrections facility. (d) Every offender who, on or after July 1, 2007, is in a county jail or a community corrections facility for a sentence imposed before that date based on adjudication for a misdemeanor offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior. The sheriff or the community corrections program shall collect the sample at least thirty days prior to the offender's release from the custody of the county jail or community corrections facility. Colorado Revised Statutes 2019 Page 233 of 445 Uncertified Printout (e) Every offender sentenced on or after July 1, 2007, for an offense that would constitute a felony if committed by an adult. This paragraph (e) shall not apply to an offender granted a deferred adjudication, unless otherwise required to submit to a sample pursuant to this section or unless the deferred adjudication is revoked and a sentence is imposed. The sample shall be collected: (I) From an offender committed to the department of human services, by the department during the intake process but in any event within thirty days after the offender is received by the department; (II) From an offender sentenced to county jail or to community corrections, by the sheriff or by the community corrections program within thirty days after the offender is received into the custody of the county jail or the community corrections facility; (III) From an offender sentenced to probation, by the judicial department within thirty days after the offender is placed on probation; and (IV) From an offender who receives any other sentence, by the judicial department within thirty days after the offender is sentenced. (f) Every offender who, on or after July 1, 2007, is sentenced for an adjudication of, or who receives a deferred adjudication for, an offense involving unlawful sexual behavior or for which the underlying factual basis involves unlawful sexual behavior. The sample shall be collected: (I) From an offender committed to the department of human services, by the department during the intake process but in any event within thirty days after the offender is received by the department; (II) From an offender sentenced to county jail or community corrections, by the sheriff or by the community corrections facility within thirty days after the offender is received into the custody of the county jail or the community corrections facility; (III) From an offender sentenced to probation, by the judicial department within thirty days after the offender is placed on probation; (IV) From an offender who receives a deferred adjudication, by the judicial department within thirty days after the offender is granted the deferred adjudication; and (V) From an offender who receives any other sentence, by the judicial department within thirty days after the offender is sentenced. (2) For purposes of this section: (a) "Adjudicated" means having received a verdict of guilty by a judge or jury or having pled guilty or nolo contendere. Except where otherwise indicated, "adjudicated" does not include deferred adjudication unless the deferred adjudication is revoked and a sentence is imposed. (b) "Unlawful sexual behavior" shall have the same meaning as in section 16-22-102 (9), C.R.S. (3) The judicial department, the department of human services, a sheriff, or a contractor may: (a) Use reasonable force to obtain biological substance samples in accordance with this section using medically recognized procedures. In addition, an offender's refusal to comply with this section may be grounds for revocation or denial of parole, probation, or deferred adjudication. Failure to pay for collection and a chemical testing of a biological substance sample shall be considered a refusal to comply if the offender has the present ability to pay. Colorado Revised Statutes 2019 Page 234 of 445 Uncertified Printout (b) Collect biological substance samples notwithstanding that the collection was not accomplished within an applicable deadline set forth in this section. (4) Any moneys received from an offender pursuant to this section shall be deposited in the offender identification fund created in section 24-33.5-415.6, C.R.S. (5) The Colorado bureau of investigation shall conduct the chemical testing of the biological substance samples obtained pursuant to this section. The Colorado bureau of investigation shall file and maintain the results thereof and shall furnish the results to a law enforcement agency upon request. The Colorado bureau of investigation shall store and preserve all biological substance samples obtained pursuant to this section. Source: L. 2006: Entire section added, p. 1690, § 13, effective July 1, 2007. L. 2007: Entire section R&RE, p. 1616, § 2, effective July 1. 19-2-926. Juvenile probation officers - powers and duties. (1) Juvenile probation officers appointed under the provisions of section 19-2-204 shall make such investigations and keep written records thereof as the court may direct. (2) When any juvenile is placed on probation, the juvenile probation officer shall give the juvenile a written statement of the terms and conditions of his or her probation and shall explain fully such terms and conditions to him or her, unless such statement has been given him or her and explanation made by the court pursuant to section 19-2-925. (3) (a) Each juvenile probation officer shall keep informed as to the condition and conduct of each juvenile placed under his or her supervision and shall report thereon to the court as it may direct. (b) Each juvenile probation officer shall use all suitable methods, including counseling, to aid each juvenile under his or her supervision and shall perform such other duties in connection with the care and custody of juveniles as the court may direct. (c) Each juvenile probation officer shall keep complete records of all work done, as well as complete accounts of all money collected from those under supervision. (4) Juvenile probation officers, for the purpose of performing their duties, shall have all the powers of peace officers, as described in sections 16-2.5-101 and 16-2.5-138, C.R.S. (5) (a) When a juvenile probation officer learns that a juvenile under his or her supervision has changed his or her residence to another county, temporarily or permanently, such officer shall immediately notify the court. (b) If, after such notification, the court determines that it is in the best interest of the juvenile to transfer jurisdiction to the court in the county in which the juvenile resides or is to reside, the court shall immediately notify such court and shall enter an order transferring jurisdiction to such court. The court transferring jurisdiction pursuant to this paragraph (b) shall transmit all documents and legal and social records, or certified copies thereof, to the receiving court, together with the order transferring jurisdiction. The receiving court shall proceed with the case as if the petition had been originally filed in said court. Source: L. 96: Entire article amended with relocations, p. 1673, § 1, effective January 1, 1997. L. 2003: (4) amended, p. 1627, § 58, effective August 6. Colorado Revised Statutes 2019 Page 235 of 445 Uncertified Printout Editor's note: This section was formerly numbered as 19-2-1002. Prior to relocation in 1996, the said section 19-2-1002 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-5-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-927. Adjudication - collateral relief - definitions. (1) At the time of the entry of adjudication or at any time thereafter, upon the request of the adjudicated juvenile or upon the court's own motion, a court may enter an order of collateral relief in the juvenile's case for the purpose of improving the juvenile's likelihood of success in the community. (2) Application contents. (a) An application for an order of collateral relief must cite the grounds for granting the relief, the type of relief sought, and the specific collateral consequence from which the applicant is seeking relief and must include a copy of a recent criminal history record check. The state court administrator may produce an application form that an applicant may submit in application. (b) The applicant shall provide a copy of the application to the district attorney and to the regulatory or licensing body that has jurisdiction over the collateral consequence from which the applicant is seeking relief, if any, by certified mail or personal service within ten days after filing the application with the court. (c) An application filed after an adjudication order has been entered must include a copy of a recent Colorado bureau of investigation fingerprint-based criminal history record check, the filing fee required by law, and an additional filing fee of thirty dollars to cover the actual costs related to the application. A court shall waive the filing fees if it finds that the juvenile is indigent. (3) An order of collateral relief may relieve an adjudicated juvenile of any collateral consequences of the adjudication, whether in housing or employment barriers or any other sanction or disqualification that the court shall specify, including but not limited to statutory, regulatory, or other collateral consequences that the court may see fit to relieve that will assist the adjudicated juvenile in successfully reintegrating into the community. (4) (a) Notwithstanding any other provision of law, an order of collateral relief cannot relieve any collateral consequences imposed by law for licensure by the department of education or any collateral consequences imposed by law for employment with the judicial branch, the department of corrections, the division of youth services in the department of human services, or any other law enforcement agency in the state of Colorado. (b) A court shall not issue an order of collateral relief if the adjudicated juvenile: (I) Has been adjudicated for a felony that included an element that requires a victim to suffer a serious bodily injury and the victim suffered a permanent impairment of the function of any part or organ of the body; (II) Has been adjudicated for a crime of violence as described in section 18-1.3-406; or (III) Is required to register as a sex offender pursuant to section 16-22-103. (5) Hearing. (a) The court may conduct a hearing on any matter relevant to the granting or denying of an application or include a hearing on the matter at the adjudicated juvenile's sentencing hearing and may take testimony under oath. (b) The court may hear testimony from victims or any proponent or opponent of the application and may hear arguments from the applicant and the district attorney. Colorado Revised Statutes 2019 Page 236 of 445 Uncertified Printout (6) Standard for granting relief. (a) A court may issue an order of collateral relief if the court finds that: (I) The order of collateral relief is consistent with the applicant's rehabilitation; and (II) Granting the application would improve the applicant's likelihood of success in reintegrating into society and is in the public's interest. (b) The court that previously issued an order of collateral relief, on its own motion or either by cause shown by the district attorney or on grounds offered by the applicant, may at any time issue a subsequent judgment to enlarge, limit, or circumscribe the relief previously granted. (c) Upon the motion of the district attorney or probation officer or upon the court's own motion, a court may revoke an order of collateral relief upon evidence of a subsequent criminal conviction or adjudication or proof that the adjudicated juvenile is no longer entitled to relief. Any bars, prohibitions, sanctions, and disqualifications thereby relieved may be reinstated as of the date of the written order of revocation. The court shall provide a copy of the order of revocation to the holder and to any regulatory or licensing entity that the adjudicated juvenile noticed in his or her motion for relief. (7) If the court issues an order of collateral relief, it shall send a copy of the order of collateral relief through the Colorado integrated criminal justice information system to the Colorado bureau of investigation, and the Colorado bureau of investigation shall note in the applicant's record in the Colorado crime information center that the order of collateral relief was issued. (8) Definitions. As used in this section, unless the context otherwise requires: (a) "Adjudication" or "adjudicated" means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court or an adjudication for a crime under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, which, if committed within this state, would be a crime. "Adjudication" or "adjudicated" also includes having received a deferred adjudication. (b) "Collateral consequence" means a collateral sanction or a disqualification. (c) "Collateral sanction" means a penalty, prohibition, bar, or disadvantage, however denominated, imposed on an individual as a result of the individual's adjudication for an offense, which penalty, prohibition, bar, or disadvantage applies by operation of law regardless of whether the penalty, prohibition, bar, or disadvantage is included in the judgment or sentence. "Collateral sanction" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, costs of prosecution, or a restraint or sanction on an individual's driving privilege. (d) "Disqualification" means a penalty, prohibition, bar, or disadvantage, however denominated, that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's adjudication for an offense. Source: L. 2018: Entire section added, (HB 18-1344), ch. 259, p. 1591, § 4, effective July 1. PART 10 POSTSENTENCE Colorado Revised Statutes 2019 Page 237 of 445 Uncertified Printout Cross references: For provisions relating to volunteerism in connection with juvenile parole, see article 31 of title 17. 19-2-1001. Short title. This part 10 shall be known and may be cited as "Postsentence". Source: L. 96: Entire article amended with relocations, p. 1674, § 1, effective January 1, 1997. Editor's note: The former section 19-2-1001 was relocated to section 19-2-204. 19-2-1002. Juvenile parole. (1) Juvenile parole board - hearing panels authority. (a) The juvenile parole board, referred to in this part 10 as the "board", established pursuant to section 19-2-206, may grant, deny, defer, suspend, revoke, or specify or modify the conditions of any parole for any juvenile committed to the department of human services as provided in sections 19-2-601 and 19-2-907. In addition to any other conditions, the board may require, as a condition of parole, any adjudicated juvenile to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5), C.R.S.; except that the board shall not require any such juvenile to attend a school from which he or she has been expelled without the prior approval of that school's local board of education. The board may modify any of its decisions, or those of the hearing panel, except an order of discharge. (b) (Deleted by amendment, L. 2008, p. 1098, § 3, effective July 1, 2008.) (2) (a) The board or a hearing panel shall have subpoena power and the power to administer oaths to secure attendance and testimony at hearings before the board. All relevant records pertaining to the juvenile shall be made available to the board. (b) (I) The board or hearing panel shall take into consideration the results of the validated risk and needs assessment administered by the department of human services. (II) In making release and discharge decisions, the board or hearing panel shall use the length of stay matrix and release criteria developed pursuant to section 19-2-921 (3.3). (3) (a) Hearing panels consisting of two members of the board shall interview and review the record of each juvenile who comes before the board for the granting of parole. Whenever possible, one of the hearing panel members shall be a representative of an executive department, and the other shall be a member from the public at large. A hearing panel may grant, deny, defer, suspend, revoke, or specify or modify the conditions of any parole of a juvenile that are in the best interests of the juvenile and the public; except that: (I) If the members of a hearing panel disagree, a review of that case shall be referred to the board for review and a decision made by a majority vote of the board members present. At least a quorum, as defined in section 19-2-206 (4), of the board must be present to a make a decision under this subparagraph (I). (II) The hearing panel shall not have authority to grant parole to juveniles committed as violent juvenile offenders as described in section 19-2-516 (3) or aggravated juvenile offenders as described in section 19-2-516 (4). In such cases, the board shall conduct a hearing and make a decision by a majority vote of the board members present at the hearing. However, if expiration of the juvenile's commitment is imminent, as defined by the juvenile parole board, the hearing Colorado Revised Statutes 2019 Page 238 of 445 Uncertified Printout panel shall hold a hearing and make a recommendation to the board. The board shall review the case and a make a decision by a majority vote of the board members present. (III) If a written request is made by the juvenile, his or her parents, his or her guardian, or the executive director of the department of human services or his or her designee, the board may review the case of any juvenile who has been interviewed by a hearing panel. If such a review is made, the board shall have the authority to affirm or reverse the decision of the hearing panel or to impose such additional conditions for parole as the board deems appropriate. (IV) (Deleted by amendment, L. 2008, p. 1098, § 3, effective July 1, 2008.) (a.5) If a juvenile, while under a juvenile commitment, is in jail pending adult charges, the board may conduct a parole hearing without the presence of the juvenile. (a.7) When the board conducts a hearing pursuant to paragraph (a) or (a.5) of this subsection (3), a quorum, as defined in section 19-2-206 (4), shall be present. (b) (I) In addition to any other conditions, the hearing panel may require, as a condition of parole, any adjudicated juvenile to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5), C.R.S.; except that the hearing panel shall not require any such juvenile to attend a school from which he or she has been expelled without the prior approval of that school's local board of education. (II) (Deleted by amendment, L. 2008, p. 1098, § 3, effective July 1, 2008.) (4) The hearing panel shall be assisted in its duties by the juvenile parole board administrator appointed pursuant to section 19-2-206 (6). Said administrator shall also arrange training for the members of the juvenile parole board in all aspects of the juvenile justice system. It shall be mandatory for members of the board to attend such training. (5) (a) If the hearing panel or the board determines that parole should be granted, the hearing panel shall establish six months as the length of the parole supervision. However, for a juvenile committed to the department of human services due to an adjudication for an offense specified in paragraph (b) of this subsection (5), the hearing panel may extend the period of parole supervision up to an additional fifteen months if the hearing panel makes findings of special circumstances that warrant an extended period of parole services for the juvenile. (b) The provisions of paragraph (a) of this subsection (5) allowing for extension of the period of parole shall apply to juveniles committed to the department of human services due to an adjudication for one or more of the following offenses: (I) Any offense specified in article 3 of title 18 or in part 3 of article 4 of title 18, C.R.S., that would constitute a felony if committed by an adult; (II) Incest, as described in section 18-6-301, C.R.S.; (III) Aggravated incest, as described in section 18-6-302, C.R.S.; (IV) Child abuse, as described in section 18-6-401, C.R.S., that would constitute a felony if committed by an adult; (V) Fourth degree arson, as described in section 18-4-105, C.R.S., that would constitute a felony if committed by an adult; (VI) Assault during escape, as described in section 18-8-206, C.R.S., that would constitute a felony if committed by an adult; (VII) Illegal possession of a handgun by a juvenile, as described in section 18-12-108.5, C.R.S., that would constitute a felony if committed by an adult; Colorado Revised Statutes 2019 Page 239 of 445 Uncertified Printout (VIII) Illegal possession of a handgun by a juvenile, as described in section 18-12-108.5, C.R.S., that would constitute a misdemeanor if committed by an adult, if the juvenile is contemporaneously committed to the department of human services for an offense that would constitute a felony if committed by an adult; or (IX) Attempt, conspiracy, or solicitation to commit any of the offenses specified in this paragraph (b), which attempt, conspiracy, or solicitation would constitute a felony if committed by an adult. (c) Upon completion of the period of parole supervision as established by the board, the juvenile shall be deemed to have discharged the juvenile's sentence to commitment in the same manner as if the sentence were discharged pursuant to law. (d) (I) If the juvenile court commits a juvenile to the department of human services for concurrent sentences based on the commission of two or more offenses or consecutive sentences based on commission of two or more offenses, the juvenile shall be subject to one six-month mandatory period of parole, unless the period of parole is extended pursuant to paragraph (a) of this subsection (5). (II) As used in this paragraph (d), "concurrent sentence" means sentences identified by the court as concurrent and any sentences, or portions thereof, that are served simultaneously and that are the basis of the juvenile's treatment services during the juvenile's commitment. (e) (I) If a juvenile's parole is revoked pursuant to section 19-2-1004, the juvenile shall serve all or a portion of the remainder of his or her sentence to commitment, and the period of reparole or extended period of reparole imposed pursuant to paragraph (a) of this subsection (5), shall be reduced by any time served on parole prior to the revocation. The provisions of this paragraph (e) shall not limit the board's authority to grant, deny, defer, suspend, revoke, or modify a juvenile's parole within the period of parole. (II) If a juvenile's parole is revoked or modified pursuant to section 19-2-1004, and the juvenile has completed the period of commitment imposed by the court, the period of parole, or extended period of parole imposed pursuant to paragraph (a) of this subsection (5), shall continue pursuant to section 19-2-909 (1)(c)(II). The period of parole shall continue regardless of whether the revocation or modification authorizes the department of human services to place the juvenile in a residential placement while on parole status. This provision shall not limit the board's authority to grant, deny, defer, suspend, revoke, or modify a juvenile's parole within the period of parole. (6) If the hearing panel or the board determines that parole should be granted, the parolee shall be ordered to pay any unpaid restitution that has previously been ordered as a condition of parole. (7) Notice. (a) The board, prior to consideration of the case of a juvenile for parole, shall notify the committing court, any affected juvenile community review board, the prosecuting attorney, and any victims of the juvenile's actions whose names and addresses have been provided by the district attorney of the time and place of the juvenile's hearing before the board or a hearing panel of the board. The notice shall be given in order that the persons notified will have an opportunity to present written testimony to the hearing panel or the board. The board, in its sole discretion, may allow oral testimony at any hearing and has sole discretion regarding who may attend a juvenile parole hearing. (b) (I) (A) Prior to consideration of the case of a juvenile for parole, the board shall provide notice of the time and place of the juvenile's hearing before the board or a hearing panel Colorado Revised Statutes 2019 Page 240 of 445 Uncertified Printout of the board to a victim who has provided to the division of youth services or the board a written statement pursuant to sections 24-4.1-302.5 and 24-4.1-303. The notice and subsequent interactions with the victim must be consistent with the provisions of article 4.1 of title 24. (B) The board shall notify the victim of changes in the juvenile's parole pursuant to section 24-4.1-303 (14.3), C.R.S. (II) For a juvenile who is currently serving parole that implicates the provisions of article 4.1 of title 24, the division of youth services shall notify the board of any discharge as a matter of law and any placement change that may impact public safety or victim safety as determined by the division of youth services, including any escape or recapture. (8) Representation of juvenile - parent. The juvenile and his or her parents or guardian shall be informed that they may be represented by counsel in any hearing before the board or a hearing panel to grant, modify, or revoke parole. (9) Parole discharge. (a) The board may discharge a juvenile from parole after the juvenile has served the mandatory parole period of six months but prior to the expiration of his or her period of parole supervision when it appears to the board that there is a reasonable probability that the juvenile will remain at liberty without violating the law. (b) (I) Based upon a request and recommendation by the division of youth services, the board may discharge all or a portion of a juvenile's period of parole, as defined in section 19-2909 (1)(b), without holding a hearing before the board or a hearing panel of the board, if the board finds that: (A) The juvenile is unavailable to complete the period of parole or the extended period of parole and the juvenile is not likely to become available in a time or manner in which he or she will benefit from parole services and neither community safety nor restorative justice interests will be served through the imposition or continuation of the juvenile's parole; or (B) The community interest in safety or restorative justice will not be served through the imposition or continuation of juvenile parole because the juvenile is under the adult probation supervision of the district court. (II) As used in this subsection (9), a juvenile is unavailable to complete the period of parole if: (A) The juvenile, pursuant to an adult sentence, has been placed in a department of corrections facility, adult community corrections, the youthful offender system, or a local jail as defined in section 17-1-102, C.R.S.; or (B) The juvenile has been or will be transferred out of the state of Colorado and the division of youth services determines that the discharge is not in conflict with the interstate compact on juveniles, part 7 of article 60 of title 24; or (C) The juvenile is in a medical, mental, or treatment facility or similar institution; or (D) The board finds any other circumstance that constitutes unavailability as established in rule. (c) The board may discharge a juvenile from parole before completion of the mandatory six-month parole period when the board finds that the juvenile meets, at a minimum, all of the following conditions of special achievement: (I) Graduation from a public high school or successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5); (II) Payment of one hundred percent of any restitution the juvenile has been ordered to pay; Colorado Revised Statutes 2019 Page 241 of 445 Uncertified Printout (III) Certification by the juvenile's parole officer that the juvenile is ready for discharge from parole, which shall take into consideration the results of an objective risk assessment conducted by the department of human services and shall be based upon researched factors that have been demonstrated to be correlative to risk to the community; and (IV) Presentation to the board of a plan of action prepared by the juvenile that includes the steps the juvenile will accomplish to ensure his or her transition to law-abiding citizenship. If the juvenile's plan of action includes an intent to enlist in military service, the plan shall specify the interim steps that the juvenile will take prior to entering military service. (d) A discharge from parole pursuant to this subsection (9) shall have the same legal effect as if parole had been discharged upon completion of juvenile parole or when the sentence to commitment was discharged as a matter of law. (10) Notwithstanding any provisions of law to the contrary, the department of human services shall not retain custody of or jurisdiction over an individual who reaches twenty-one years of age. The sentence to commitment and the period of parole are discharged as a matter of law when a juvenile reaches twenty-one years of age. Source: L. 96: Entire article amended with relocations, p. 1674, § 1, effective January 1, 1997. L. 99: (1) and (3) amended, p. 60, § 3, effective July 1. L. 2001: (3)(a)(IV) added, p. 819, § 2, effective July 1; (5) amended, p. 584, § 3, effective July 1. L. 2003: (5)(c) and (5)(d) added and (9) amended, p. 767, §§ 1, 2, effective March 25; IP(5)(a) and (9) amended, pp. 1518, 1519, §§ 3, 4, effective May 1. L. 2005: (3)(a) and (5)(d) amended and (3)(a.5) and (3)(a.7) added, p. 271, § 1, effective April 14. L. 2006: (9) amended, p. 221, § 1, effective March 31. L. 2008: (1)(b), (2), IP(3)(a), (3)(a)(IV), (3)(b)(II), (5), (7), and (9) amended and (10) added, p. 1098, § 3, effective July 1. L. 2012: (1)(a), (3)(b)(I), and (9)(c)(I) amended, (HB 12-1345), ch. 188, p. 748, § 39, effective May 19. L. 2014: (1)(a), (3)(b)(I), and (9)(c)(I) amended, (SB 14-058), ch. 102, p. 379, § 7, effective April 7. L. 2017: (7)(b)(I)(A), (7)(b)(II), IP(9)(b)(I), and (9)(b)(II)(B) amended, (HB 17-1329), ch. 381, p. 1977, § 40, effective June 6; (9)(c)(I) amended, (SB 17052), ch. 5, p. 11, § 5, effective August 9. L. 2019: (2)(b) amended, (SB 19-108), ch. 294, p. 2727, § 20, effective July 1. Editor's note: (1) This section was formerly numbered as 19-2-1202 and 19-2-1207. Prior to relocation in 1996, the said section 19-2-1202 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-9-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. The said section 19-2-1207 was enacted in 1996 when this article was amended with relocations. (2) The former section 19-2-1002 was located to section 19-2-926 when this article was amended with relocations in 1996. Cross references: For the legislative declaration in the 2012 act amending subsections (1)(a), (3)(b)(I), and (9)(c)(I), see section 21 of chapter 188, Session Laws of Colorado 2012. However, section 21 of chapter 188 was repealed by section 7 of chapter 323 (HB 15-1273), Session Laws of Colorado 2015. Colorado Revised Statutes 2019 Page 242 of 445 Uncertified Printout 19-2-1003. Parole officers - powers - duties. (1) Under the direction of the director of the division of youth services, the juvenile parole officer or officers in each region established in section 19-2-209 (3) shall supervise all juveniles living in the region who, having been committed to the department of human services, are on parole from one of its facilities. (2) The juvenile parole officer shall give to each juvenile granted parole a written statement of the conditions of his or her parole, shall explain such conditions fully, and shall aid the juvenile to observe them. He or she shall have periodic conferences with and reports from the juvenile. The juvenile parole officer may conduct such investigations or other activities as may be necessary to determine whether the conditions of parole are being met and to accomplish the rehabilitation of the juvenile. (3) All juvenile parole officers shall have the powers of peace officers, as described in sections 16-2.5-101 and 16-2.5-138, C.R.S., in performing the duties of their position. Source: L. 96: Entire article amended with relocations, p. 1676, § 1, effective January 1, 1997. L. 2003: (3) amended, p. 1627, § 59, effective August 6. L. 2008: (1) amended, p. 1103, § 4, effective July 1. L. 2017: (1) amended, (HB 17-1329), ch. 381, p. 1977, § 41, effective June 6. Editor's note: This section was formerly numbered as 19-2-1205. Prior to relocation in 1996, the said section 19-2-1205 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-9-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-2-1004. Parole violation and revocation. (1) The director of the division of youth services or any juvenile parole officer may arrest any parolee when: (a) He or she has a warrant commanding that such parolee be arrested; or (b) He or she has probable cause to believe that a warrant for the parolee's arrest has been issued in this state or another state for any criminal offense or for violation of a condition of parole; or (c) Any offense under the laws of this state has been or is being committed by the parolee in his or her presence; or (d) He or she has probable cause to believe that a violation of law has been committed and that the parolee has committed such a violation; or (e) He or she has probable cause to believe that a condition of the juvenile's parole has been violated by the parolee and probable cause to believe that the parolee is leaving or about to leave the state, or that the parolee will fail or refuse to appear before the hearing panel to answer charges of violations of one or more conditions of parole, or that the arrest of the parolee is necessary to prevent physical harm to the parolee or another person or to prevent the violation of a law. (2) When an alleged parole violator is taken into custody, the director of the division of youth services or the juvenile parole officer shall notify the parents, guardian, or legal custodian of the juvenile without unnecessary delay. (3) When a juvenile parole officer has reasonable grounds to believe that a condition of parole has been violated by any parolee, he or she may issue a summons requiring the parolee to appear before the hearing panel at a specified time and place to answer charges of violation of one or more conditions of parole. Such summons, unless accompanied by a copy of a complaint Colorado Revised Statutes 2019 Page 243 of 445 Uncertified Printout filed before the hearing panel seeking revocation or suspension of parole or modification of parole conditions, shall contain a brief statement of the alleged parole violation and the date and place thereof. Failure of the parolee to appear before the hearing panel as required by such summons shall be deemed a violation of a condition of parole. (4) If, rather than issuing a summons, a parole officer makes an arrest of a parolee with or without a warrant or takes custody of a parolee who has been arrested by another, the parole officer shall place the parolee in the nearest local juvenile detention facility or shelter care facility approved by the department of human services, if under eighteen years of age, or in the nearest county jail, if eighteen years of age or older. Within forty-eight hours, not including Saturdays, Sundays, and legal holidays, the parole officer shall take one of the following actions: (a) Notify the juvenile parole board that the parolee has been arrested or taken into custody and request that a juvenile parole preliminary hearing be conducted by an administrative law judge; or (b) Repealed. (c) Obtain from the parolee a written agreement that the parolee waives his or her right to a juvenile parole preliminary hearing, which waiver shall also be signed by a parent or guardian of the parolee if the parolee is a juvenile; or (d) Release the parolee if he or she is not subject to other actions that require his or her further detention. (5) An administrative law judge shall, upon the request of the juvenile parole board, conduct a preliminary hearing in a case in which a parole violation has been alleged, to determine whether there is probable cause to believe that a condition of parole has been violated by the parolee, as provided in subsection (4) of this section. (6) Whenever an administrative law judge schedules a preliminary hearing pursuant to subsection (5) of this section, the juvenile parole officer shall notify the parolee and his or her parent, guardian, or legal custodian of the following information: (a) The date, the time, and the place of the preliminary hearing and the name of the administrative law judge; (b) That the purpose of the hearing will be to determine whether there is probable cause to believe that the parolee has violated his or her parole; (c) That at the preliminary hearing the parolee will be permitted to present evidence, either oral or documentary, in person or by other witnesses, in defense of any alleged parole violation; (d) A statement of any alleged parole violation; (e) A brief summary of the evidence tending to establish any alleged parole violation; (f) That the parolee has the right to counsel at the preliminary hearing. (7) At any preliminary hearing held pursuant to subsection (5) of this section, the administrative law judge shall hear such testimony as shall be offered and shall determine whether there is probable cause to believe that the parolee has violated his or her parole. If probable cause has not been shown, the administrative law judge shall order the release of the parolee and shall make a written report of his or her findings to the juvenile parole board within ten days of the hearing. If the administrative law judge finds that probable cause exists to believe that the parolee has violated his or her parole, he or she shall order that the parolee be held to answer the charge before a hearing panel and shall order that the juvenile parole officer return the parolee without unnecessary delay to any of the juvenile corrections facilities of the Colorado Revised Statutes 2019 Page 244 of 445 Uncertified Printout department of human services pending a hearing before a hearing panel on the complaint for revocation, suspension, or modification of the juvenile's parole. (8) Within ten working days after the finding of probable cause by the preliminary administrative law judge, the juvenile parole officer shall complete his or her investigation and either: (a) File a complaint before the hearing panel in which the facts are alleged upon which a revocation of parole is sought; or (b) Recommend to the director of the division of youth services, or his or her designee, that the parolee, if detained, be released and the violation proceedings be dismissed. The director, or his or her designee, shall determine whether to cause the violation proceedings to be dismissed, and, if he or she elects to cause dismissal, the parolee must be released or notified that he or she is relieved of obligation to appear before the hearing panel. In such event, the director, or his or her designee, shall give written notification to the board of his or her action. (9) A complaint filed by a juvenile parole officer in which revocation of parole is sought shall contain the name of the parolee, shall identify the violation charged and the condition or conditions of parole alleged to have been violated, including the date and approximate location thereof, and shall be signed by the juvenile parole officer. A copy thereof shall be given to the parolee and his or her parents, guardian, or legal custodian at least five days before a hearing on the complaint is held before the hearing panel. (10) The board may order the detention of any parolee for failure to appear as required by the summons issued under subsection (3) of this section. (11) At least five days before the appearance of a parolee before the hearing panel, the parolee and his or her parents, guardian, or legal custodian shall be advised in writing by the parole officer of the nature of the charges that are alleged to justify revocation or suspension of his or her parole and the substance of the evidence sustaining the charges; he or she shall be given a copy of the complaint unless he or she has already received one; he or she shall be informed of the consequences that may follow in the event his or her parole is revoked; and he or she shall be advised that, if the parolee denies the charges, a hearing will be held before the hearing panel, that, at the hearing, he or she may testify and present witnesses and documentary evidence in defense of the charges or in mitigation or explanation thereof, and that he or she has the right to counsel at the hearing. (12) At the hearing before the hearing panel, if the parolee denies the violation, the division of youth services has the burden of establishing by a preponderance of the evidence the violation of a condition or conditions of parole. The hearing panel shall, when it appears that the alleged violation of conditions of parole consists of an offense with which the parolee is charged in a criminal case then pending, continue the parole violation hearing until the termination of the criminal proceeding. Any evidence having probative value is admissible regardless of its admissibility under exclusionary rules of evidence if the parolee is accorded a fair opportunity to rebut hearsay evidence. The parolee has the right to confront and to cross-examine adverse witnesses unless the administrative law judge specifically finds good cause for not allowing confrontation. (13) If the hearing panel determines that a violation of a condition or conditions of parole has been committed, it shall hear further evidence related to the disposition of the parolee. At the conclusion of the hearing, the hearing panel shall advise the parties before it of its findings and recommendations and of their right to request a review before the board. Such Colorado Revised Statutes 2019 Page 245 of 445 Uncertified Printout review may be held if a written request is filed within ten days after the conclusion of the hearing before the hearing panel. If a review before the board is not requested or the right to review is waived, the findings and recommendations of the hearing panel, if unanimous, shall become the decision of the juvenile parole board unless the board on its own motion orders a review. (14) The case of a juvenile alleged or found to have violated the conditions of his or her parole outside the state of Colorado shall be handled according to the provisions of the interstate compact on juveniles, part 7 of article 60 of title 24, C.R.S. Source: L. 96: Entire article amended with relocations, p. 1676, § 1, effective January 1, 1997. L. 2008: IP(1), (2), (8)(b), (11), and (12) amended, p. 1103, § 5, effective July 1. L. 2014: (4)(b) repealed, (HB 14-1032), ch. 247, p. 954, § 8, effective November 1. L. 2017: IP(1), (2), (8)(b), and (12) amended, (HB 17-1329), ch. 381, p. 1977, § 42, effective June 6. Editor's note: This section was formerly numbered as 19-2-1206 and 19-2-1203 (2). Prior to relocation in 1996, the said sections 19-2-1206 and 19-2-1203 (2) were contained in a title that was repealed and reenacted in 1987. Provisions of those sections, as they existed in 1987, are similar to those contained in 19-9-103 and 19-9-106 as said sections existed in 1986, the year prior to the repeal and reenactment of this title. PART 11 TEEN COURTS 19-2-1101. Short title. This part 11 shall be known and may be cited as the "Colorado Teen Court Program". Source: L. 97: Entire part added, p. 1595, § 1, effective August 6. 19-2-1102. Definitions. As used in this part 11, unless the context otherwise requires: (1) "Minor offense" means any offense denominated a misdemeanor in title 18, C.R.S., or violation of a municipal ordinance where the maximum penalty authorized does not exceed imprisonment for more than six months. (2) "Supervising court" means the juvenile court for the city and county of Denver, the district courts of the state other than that of Denver, and any municipal court that establishes a teen court program pursuant to this part 11. (3) "Teen" means any person over the age of twelve years and under the age of nineteen years who is enrolled in school. (4) "Teen court judge" means a volunteer, licensed to practice law in the state of Colorado, approved by and serving at the pleasure of the chief judge of the supervising court. (5) "Teen defendant" means a teen ordered to participate in a teen court program under this part 11. (6) "Teen defense attorney" means a teen who is chosen by a teen court judge to speak on behalf of a teen defendant. Colorado Revised Statutes 2019 Page 246 of 445 Uncertified Printout (7) "Teen jury" means not less than three teens who have been chosen by a teen court judge to decide what sentence should be imposed against a teen defendant. (8) "Teen prosecutor" means a teen who has been chosen by a teen court judge to advocate on behalf of a school or community for any sentence to be imposed. Source: L. 97: Entire part added, p. 1595, § 1, effective August 6. 19-2-1103. Teen court program - supervising courts. (1) Any supervising court is authorized to establish a teen court program pursuant to the provisions of this part 11. In any jurisdiction where a teen court program is established, a teen charged with a minor offense may receive a deferred judgment, a condition of which is successful participation in the teen court program. (2) The procedure for determining the eligibility for and imposition of the deferred judgment shall be as follows: (a) The teen, in the presence of at least one of his or her parents or legal guardian, must enter a plea of guilty to the minor offense charged. (b) The teen must request to participate in the teen court program, agree to the deferral of further proceedings in the supervising court for a period of six months or until the teen has successfully completed the teen court program, and provide the court with addresses for mailing notices to both the teen and his or her parent or legal guardian. (c) The supervising court must find that the teen will benefit more from participation in the teen court program than from any other sentence that may be imposed. (d) The supervising court may accept the teen's plea, order that the teen participate in the teen court program, and defer further proceedings in the supervising court for up to six months. (e) In addition to ordering the teen to participate in the teen court program, the supervising court may enter an order that the teen pay any restitution otherwise authorized by law. (3) If the supervising court receives a report from the teen court judge that the teen has not successfully completed the teen court program, or if within six months after the entry of the order for deferred judgment the supervising court has not received a report that the teen has successfully completed the teen court program, the court shall schedule a sentencing hearing, send notice to the teen and his or her parent or legal guardian at the addresses given at the time of the order for deferred judgment or any changed address, and at the sentencing hearing impose any other sentence authorized for the offense charged. (4) If the supervising court receives a report from the teen court judge that the teen has successfully completed the teen court program, the court shall dismiss all charges against the teen. The dismissal shall not constitute a conviction for any purpose. Source: L. 97: Entire part added, p. 1596, § 1, effective August 6. 19-2-1104. Procedures - hearings. (1) Subject to any applicable rules of the Colorado supreme court, the supervising court shall be responsible for establishing procedures for any teen court program under its jurisdiction, including but not limited to: (a) The use of its courtroom and other facilities during times when they are not required for other court business; Colorado Revised Statutes 2019 Page 247 of 445 Uncertified Printout (b) The approval of teen court judges; (c) The collection of a fee from any teen defendant; (d) The range of sentencing options that may be imposed upon a teen defendant that shall not include a term of imprisonment nor the payment of restitution but may include: (I) Community service supervised by the supervising court; (II) Participation in law-related education classes, counseling, treatment, or other programs; or (III) Participation as a juror or other teen court member in proceedings involving teen defendants. (2) Whenever a teen, as a condition of a deferred judgment, has been ordered to participate in a teen court program, the teen and his or her parent or legal guardian shall be ordered to appear at a teen court sentencing hearing. The teen court judge shall preside over the sentencing hearing. The teen defendant may represent himself or herself or be represented by a teen defense attorney. The following procedures shall be followed at the teen court sentencing hearing: (a) The teen court judge shall select a teen jury. (b) The teen prosecutor and either the teen defendant or teen defense attorney may question the jury on their knowledge of the defendant or the facts of the offense for which the teen defendant was charged. (c) The teen court judge may order that a teen juror be replaced if the judge finds that the juror may be biased. (d) The teen prosecutor and either the teen defendant or teen defense attorney may make an opening statement. (e) The teen defendant shall be subject to cross examination by the teen prosecutor concerning the circumstances or facts surrounding the offense or the character of the teen defendant and may either make a statement or be subject to direct examination by the teen defense attorney. (f) Each side may offer witnesses and documents concerning the circumstances or facts surrounding the offense or the character of the teen defendant. (g) The teen prosecutor and either the teen defendant or teen defense attorney may make a closing statement. (h) Unless otherwise ordered by the teen court judge, the teen jury shall deliberate in private and shall unanimously agree upon the sentence to be imposed against the teen defendant, pursuant to guidelines adopted by the court. (i) If the jury is unable to unanimously agree on a sentence, then the teen court judge shall impose the sentence, pursuant to guidelines adopted by the court. (3) The teen court judge shall enter a written order that: (a) Orders the teen defendant to complete the sentence imposed by the teen jury; (b) Orders the teen defendant to submit a written report to the teen court judge within three months after the sentencing hearing showing satisfactory completion of the terms of the sentence; and (c) Notifies the teen defendant that if the teen court judge does not receive the written report within the time required, the teen court judge shall file with the supervising court a report stating that the teen defendant has not satisfactorily completed the teen court program. Colorado Revised Statutes 2019 Page 248 of 445 Uncertified Printout (4) Within six months after the order for deferred judgment, the teen court judge shall file a written report with the supervising court notifying the court whether the teen defendant has satisfactorily completed the teen court program. Source: L. 97: Entire part added, p. 1597, § 1, effective August 6. 19-2-1105. Alternative procedures. Nothing contained in this part 11 shall be deemed to impair the authority of courts to adopt different or alternative procedures for the establishment and operation of teen court programs within their respective jurisdictions. Source: L. 97: Entire part added, p. 1599, § 1, effective August 6. PART 12 DETENTION BED MANAGEMENT 19-2-1201. Juvenile detention bed cap. (1) For the fiscal year 2003-04 through fiscal year 2010-11, the number of available juvenile detention beds statewide shall be limited to four hundred seventy-nine. (2) For the fiscal year 2011-12 and from July 1, 2012, through March 31, 2013, the number of available juvenile detention beds statewide shall be limited to four hundred twentytwo. (3) From April 1, 2013, through June 30, 2013, and for the fiscal year 2013-14 through fiscal year 2018-19, the number of available juvenile detention beds statewide is limited to three hundred eighty-two. (4) For the fiscal year 2019-20 and each fiscal year thereafter, the number of available juvenile detention beds statewide is limited to three hundred twenty-seven. Source: L. 2003: Entire part added, p. 1522, § 1, effective May 1. L. 2011: Entire section amended, (SB 11-217), ch. 150, p. 523, § 1, effective May 5. L. 2013: (2) amended and (3) added, (SB 13-177), ch. 88, p. 281, § 1, effective March 29. L. 2019: (3) amended and (4) added, (SB 19-210), ch. 118, p. 497, § 1, effective April 16. 19-2-1202. Working group - allocation of beds. (1) The executive director of the department of human services and the state court administrator in the judicial department, or a designee of such persons, in consultation with the division of criminal justice of the department of public safety, the office of state planning and budgeting, the Colorado district attorneys council, and law enforcement representatives shall form a working group which shall carry out the following duties: (a) The working group established pursuant to this subsection (1) shall annually allocate the number of juvenile detention beds to each catchment area in the state created pursuant to section 19-2-402.5, based on the number of juvenile beds established pursuant to section 19-21201. Once the allocation of juvenile detention beds is made to the catchment areas, the working group shall allocate detention beds within the catchment areas to the judicial districts within each Colorado Revised Statutes 2019 Page 249 of 445 Uncertified Printout catchment area. Judicial districts shall not exceed the number of beds allocated to them except for circumstances provided for in paragraph (b) of this subsection (1). (b) The working group shall develop a mechanism for judicial districts within the same catchment area to loan detention beds to other judicial districts within the catchment area in cases of need. (c) The working group shall develop emergency release guidelines that shall be used by each judicial district to prevent placement of a juvenile in a juvenile detention facility in excess of the number of beds allocated to the judicial district. (d) The working group shall develop juvenile detention placement guidelines for each judicial district to use in complying with the number of juvenile detention beds allocated to the judicial district. Source: L. 2003: Entire part added, p. 1522, § 1, effective May 1. 19-2-1203. Judicial districts - plans for the cap. Each judicial district shall annually develop a plan to manage the limit on the number of juvenile detention beds allocated to the judicial district by the working group pursuant to section 19-2-1202 (1)(a). The judicial district shall consider the emergency release guidelines and placement guidelines developed pursuant to section 19-2-1202 in its annual plan to manage the limit. The annual plan developed by the judicial district shall ensure the judicial district does not exceed the number of juvenile detention beds allocated to it pursuant to section 19-2-1202. Source: L. 2003: Entire part added, p. 1523, § 1, effective May 1. 19-2-1204. Use of juvenile detention beds. A juvenile committed to the department of human services pursuant to article 3 of this title shall not be placed in a juvenile detention bed unless the juvenile is subject to an action proceeding under this article. Source: L. 2003: Entire part added, p. 1523, § 1, effective May 1. 19-2-1205. Report on flexibility for juvenile detention beds - report - repeal. (1) On or before January 2, 2020, the division of youth services shall submit a report to the joint budget committee of the general assembly outlining the statutory and rule changes and financial resources necessary to implement a flexible allocation option for juvenile detention beds to be shared among judicial districts. (2) This section is repealed, effective July 1, 2020. Source: L. 2019: Entire section added, (SB 19-210), ch. 118, p. 497, § 2, effective April 16. PART 13 COMPETENCY TO PROCEED 19-2-1300.2. Legislative declaration. (1) The general assembly finds and declares that: Colorado Revised Statutes 2019 Page 250 of 445 Uncertified Printout (a) The juvenile justice system is civil in nature and focused on rehabilitation rather than punishment; (b) Juveniles differ in significant and substantive ways from adults, therefore, different standards for competency are necessary for juveniles and adults; and (c) Notwithstanding the differences between adults and juveniles, age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence. Source: L. 2018: Entire section added, (HB 18-1050), ch. 56, p. 595, § 2, effective July 1. 19-2-1301. Incompetent to proceed - effect - how and when raised. (1) The provisions of this part 13 shall only apply to proceedings under this title. (2) A juvenile shall not be tried or sentenced if the juvenile is incompetent to proceed, as defined in section 19-2-103 (9.5), at that stage of the proceedings against him or her. Juveniles, like adults, are presumed competent to proceed, as defined in section 19-2-103 (3.3), until such time as they are found incompetent to proceed through a decision by the court. A determination of competency must include an evaluation of developmental disabilities, mental disabilities, and mental capacity. Age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence. (3) When a party specified in this subsection (3) has reason to believe that a juvenile is incompetent to proceed in a delinquency action, the party shall raise the question of the juvenile's competency in the following manner: (a) On its own motion, the court shall suspend the proceeding and determine the competency or incompetency of the juvenile as provided in section 19-2-1302; (b) By motion of the prosecution, probation officer, guardian ad litem, or defense, made in advance of the commencement of the particular proceeding. The motion may be filed after the commencement of the proceeding if, for good cause shown, the mental condition of the juvenile was not known or apparent before the commencement of the proceeding. (c) By the juvenile's parent or legal guardian. (4) If the issue of competency is raised at the time charges are filed or at any time thereafter and the juvenile is not represented by counsel, the court may immediately appoint counsel and may also appoint a guardian ad litem to assure the best interests of the juvenile are addressed in accordance with existing law. Source: L. 2005: Entire part added, p. 1050, § 1, effective July 1. L. 2008: (2) amended, p. 1859, § 15, effective July 1. L. 2009: (2) amended, (SB 09-292), ch. 369, p. 1950, § 37, effective August 5. L. 2018: (2) amended, (HB 18-1050), ch. 56, p. 596, § 3, effective July 1. Cross references: For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 389, Session Laws of Colorado 2008. 19-2-1302. Determination of incompetency to proceed. (1) Whenever the question of a juvenile's competency to proceed is raised, the court shall make a preliminary finding that the Colorado Revised Statutes 2019 Page 251 of 445 Uncertified Printout juvenile is or is not competent to proceed. If the court feels that the information available to it is inadequate for making such a finding, it shall order a competency examination. (2) The court shall immediately notify the prosecuting attorney and defense counsel of the preliminary finding regarding competency. The prosecuting attorney or the defense counsel may request a hearing on the preliminary finding by filing a written request with the court within ten days after the date on which the court issues the preliminary finding, unless the court extends the time period for good cause. The preliminary finding becomes a final determination if neither the prosecuting attorney nor defense counsel requests a hearing. Upon the timely written request of either the prosecuting attorney or defense counsel, the court shall hold a competency hearing. If the court did not order a competency examination or other evaluation prior to its preliminary determination and the court determines adequate mental health information is not available, the court shall refer the juvenile for a competency examination prior to the hearing. At the conclusion of the competency hearing, the court shall make a final determination regarding the juvenile's competency to proceed. At a competency hearing held pursuant to this subsection (2), the burden of submitting evidence and the burden of proof by a preponderance of the evidence are upon the party asserting the incompetency of the juvenile. (3) If the question of a juvenile's incompetency to proceed is raised after a jury is impaneled to try the issues raised by a plea of not guilty or after the court as the finder of fact begins to hear evidence and the court determines that the juvenile is incompetent to proceed or orders the juvenile referred for a competency examination, the court may declare a mistrial. If the court declares a mistrial under these circumstances, the juvenile must not be deemed to have been placed in jeopardy with regard to the charges at issue. The juvenile may be tried on, and sentenced if adjudicated for, the same charges after he or she has achieved or been restored to competency. (4) (a) If the court orders a competency evaluation, the court shall order that the competency evaluation be conducted in the least-restrictive environment, including home or community placement if appropriate, taking into account the public safety and the best interests of the juvenile. (b) A competency evaluation shall be conducted by a licensed psychiatrist or licensed psychologist who is experienced in the clinical evaluation of juveniles and trained in forensic competency assessments, or a psychiatrist or psychologist who is in forensic training and under the supervision of a licensed forensic psychiatrist or licensed psychologist with expertise in forensic psychology. (c) The competency evaluation must, at a minimum, include an opinion regarding whether the juvenile is incompetent to proceed as defined in section 19-2-103 (9.5). If the evaluation concludes the juvenile is incompetent to proceed, the evaluation must include a recommendation as to whether there is a likelihood that the juvenile may achieve or be restored to competency and identify appropriate services to restore the juvenile to competency. (d) The evaluator conducting the competency evaluation shall file the evaluation with the court within: (I) Thirty days after issuance of the order for the competency evaluation, unless good cause is shown for a delay, if the juvenile is held in a secure detention facility; (II) Forty-five days after issuance of the order for the competency evaluation, unless good cause is shown for a delay, if the juvenile is not held in a secure detention facility. Colorado Revised Statutes 2019 Page 252 of 445 Uncertified Printout Source: L. 2005: Entire part added, p. 1051, § 1, effective July 1. L. 2008: (4)(c) amended, p. 1859, § 16, effective July 1. L. 2009: (4)(c) amended, (SB 09-292), ch. 369, p. 1950, § 38, effective August 5. L. 2018: (3), (4)(a), and (4)(c) amended, (HB 18-1050), ch. 56, p. 596, § 4, effective July 1. Cross references: For the legislative declaration contained in the 2008 act amending subsection (4)(c), see section 1 of chapter 389, Session Laws of Colorado 2008. 19-2-1303. Procedure after determination of competency or incompetency. (1) If the court finally determines pursuant to section 19-2-1302 that the juvenile is competent to proceed, the court shall order that the suspended proceeding continue or, if a mistrial has been declared, shall reset the case for trial at the earliest possible date. (2) If the court finally determines pursuant to section 19-2-1302 that the juvenile is incompetent to proceed, but may be restored to competency, the court shall stay the proceedings and order that the juvenile receive services designed to restore the juvenile to competency, based upon recommendations in the competency evaluation unless the court makes specific findings that the recommended services in the competency evaluation are not justified. The court shall order that the restoration services ordered are provided in the least restrictive environment, taking into account the public safety and the best interests of the juvenile, and that the provision of the services and the juvenile's participation in those services occurs in a timely manner. The court shall review the provision of and the juvenile's participation in the services and the juvenile's progress toward competency at least every ninety days until competency is restored, unless the juvenile is in custody, in which event the court shall review the case every thirty days to ensure the prompt provision of services in the least restrictive environment. The court shall not maintain jurisdiction longer than the maximum possible sentence for the original offense, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday. Pursuant to section 27-60-105, the office of behavioral health is the entity responsible for the oversight of restoration education and coordination of services necessary to competency restoration. (3) (a) If the court finally determines that the juvenile is incompetent to proceed and cannot be restored to competency, the court shall determine whether a management plan for the juvenile is necessary, taking into account the public safety and the best interests of the juvenile. If the court determines a management plan is necessary, the court shall develop the management plan after ordering that the juvenile be placed in the least-restrictive environment, taking into account the public safety and best interests of the juvenile. If the court determines a management plan is unnecessary, the court may continue any treatment or plan already in place for the juvenile. The management plan shall, at a minimum, address treatment for the juvenile, identify the party or parties responsible for the juvenile, and specify appropriate behavior management tools, if they are not otherwise part of the juvenile's treatment. (b) The management plan may include: (I) Placement options included in article 10 or 10.5 of title 27, C.R.S.; (II) A treatment plan developed by a licensed mental health professional; (III) An informed supervision model; (IV) Institution of a guardianship petition; or (V) Any other remedy deemed appropriate by the court. Colorado Revised Statutes 2019 Page 253 of 445 Uncertified Printout (c) If the charges are not dismissed earlier by the district attorney, the charges against a juvenile found to be incompetent and unrestorable shall be dismissed no later than the maximum possible sentence for the original offense after the date of the court's finding of incompetent and unrestorable, unless the court makes specific findings of good cause to retain jurisdiction. However, in no case shall the juvenile court's jurisdiction extend beyond the juvenile's twentyfirst birthday. (4) A determination under subsection (2) of this section that a juvenile is incompetent to proceed shall not preclude the court from considering the release of the juvenile on bail upon compliance with the standards and procedures for such release prescribed by statute. At any hearing to determine eligibility for release on bail, the court may consider any effect the juvenile's incompetency may have on the juvenile's ability to insure his or her presence for trial. Source: L. 2005: Entire part added, p. 1052, § 1, effective July 1. L. 2017: (2) amended, (SB 17-012), ch. 404, p. 2109, § 2, effective August 9. 19-2-1304. Restoration to competency hearing. (1) The court may order a restoration to competency hearing, as defined in section 19-2-103 (14.3), at any time on its own motion, on motion of the prosecuting attorney, or on motion of the juvenile. The court shall order a restoration of competency hearing if a competency evaluator with the qualifications described in section 19-2-1302 (4)(b) files a report certifying that the juvenile is competent to proceed. (2) At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by a preponderance of the evidence shall be upon the party asserting that the juvenile is competent. (3) At the restoration to competency hearing, the court shall determine whether the juvenile has achieved or is restored to competency. Source: L. 2005: Entire part added, p. 1053, § 1, effective July 1. L. 2008: (1) amended, p. 1859, § 17, effective July 1. L. 2009: (1) amended, (SB 09-292), ch. 369, p. 1950, § 39, effective August 5. L. 2018: (1) and (3) amended, (HB 18-1050), ch. 56, p. 596, § 5, effective July 1. Cross references: For the legislative declaration contained in the 2008 act amending subsection (1), see section 1 of chapter 389, Session Laws of Colorado 2008. 19-2-1305. Procedure after restoration to competency hearing. (1) If a juvenile is found to have achieved or been restored to competency after a restoration to competency hearing, as provided in section 19-2-1304, or by the court during a review, as provided in section 19-2-1303 (2), the court shall resume or recommence the trial or sentencing proceeding or order the sentence carried out. The court may credit any time the juvenile spent in confinement or detention while incompetent to proceed against any term of commitment imposed after achievement of or restoration to competency. (2) If the court determines that the juvenile remains incompetent to proceed and the delinquency petition is not dismissed, the court may continue or modify any orders entered at the time of the original determination of incompetency or enter any new order necessary to facilitate the juvenile's achievement of or restoration to competency. Colorado Revised Statutes 2019 Page 254 of 445 Uncertified Printout (3) Evidence obtained during a competency evaluation or during treatment related to the juvenile's competency or incompetency and the determination as to the juvenile's competency or incompetency are not admissible on the issues raised by a plea of not guilty. Source: L. 2005: Entire part added, p. 1054, § 1, effective July 1. L. 2018: (1) and (2) amended, (HB 18-1050), ch. 56, p. 597, § 6, effective July 1. ARTICLE 3 Dependency and Neglect Editor's note: This title was repealed and reenacted in 1987. For historical information concerning the repeal and reenactment, see the editor's note following the title heading. Law reviews: For comment, "The Indian Child Welfare Act of 1978: Protecting Essential Tribal Interests", see 60 U. Colo. L. Rev. 131 (1989); for article, "Representing Foster Parents in Dependency and Neglect Proceedings", see 22 Colo. Law. 1697 (1993); for article, "Dependency and Neglect Law: New Legislation and Case Law", see 35 Colo. Law. 79 (Sept. 2006); for article, "Colorado's Family-Integrated Problem-Solving Courts" see 42 Colo. Law. 75 (Nov. 2013); for article, "Representing Respondent Parents: Measuring the Impact of the ORPC", see 46 Colo. Law. 34 (Dec. 2017). PART 1 DEFINITIONS 19-3-100.5. Legislative declarations - reasonable efforts - movement of children and sibling groups. (1) The general assembly hereby finds and declares that the stability and preservation of the families of this state and the safety and protection of children are matters of statewide concern. The general assembly finds that the federal "Adoption Assistance and Child Welfare Act of 1980", federal Public Law 96-272, requires that each state make a commitment to make "reasonable efforts" to prevent the placement of abused and neglected children out of the home and to reunify the family whenever appropriate. (2) The general assembly further finds that the federal "Adoption and Safe Families Act of 1997", federal Public Law 105-89, clarifies what constitutes "reasonable efforts" by decreeing that when deciding whether to make such efforts and in the process of making such efforts, the health and safety of the child is the paramount concern. This federal law further encourages expediting permanency planning for children in out-of-home placement by removing barriers to permanency and streamlining entitlement services. The law specifies that one of the goals of all placement decisions, whether leaving the child in the home or placing the child outside the home, is safety for the child. (3) The general assembly further finds that the implementation of the federal "Adoption Assistance and Child Welfare Act of 1980", federal Public Law 96-272, is not the exclusive responsibility of the state department of social services or of local departments of social services. Elected officials at the state and local levels must ensure that resources and services are available Colorado Revised Statutes 2019 Page 255 of 445 Uncertified Printout through state and local social services agencies and through the involvement of the resources of public and private sources. Judges, attorneys, and guardians ad litem must be encouraged to take independent responsibility to ensure that "reasonable efforts" to prevent out-of-home placements have been made only when appropriate, that permanency occurs for children in foster care, and that safe child placements occur in each case. (4) (a) The general assembly also hereby finds that: (I) The American Academy of Pediatrics has found that emotional and cognitive disruptions in the early lives of children have the potential to impair brain development. Paramount in the lives of children in foster care is their need for continuity with their primary attachment figures and a sense of permanence that is enhanced when the child's placement is stable. (II) The American Academy of Pediatrics has found that attachment to a primary caregiver is essential to the development of emotional security and social conscience; and (III) According to the American Academy of Pediatrics, optimal child development occurs when a spectrum of needs is consistently met over an extended period. Separation of a child from his or her primary caregiver occurring between six months and three years of age is more likely to result in subsequent emotional disturbances for the child than if the separation occurs when the child is older. Repeated moves from home to home compound the adverse consequences of separation. Further, the younger the child and the more extended the period of uncertainty or separation, the more detrimental the separation will be to the child's well-being. Any intervention that separates a child from the child's primary caregiver or person who provides psychological support to the child should be cautiously considered and treated as a matter of urgency and profound importance. (b) The general assembly further finds that older children in foster care are at a high risk of having long-term mental health issues, dropping out of school, developing alcohol and drug dependence, experiencing promiscuity, and interacting with the criminal justice system. Multiple moves for older children lead to disruption in schooling and meaningful relationships and attachments, including relationships with peers and family of origin. As a result these children have few, if any, long-term connections when they leave foster care, resulting in little support for their growth into independent adults. (c) The general assembly therefore declares that multiple moves for children in the dependency and neglect system should be discouraged in favor of permanent planning upon which these children can rely for their healthy mental, physical, and emotional development. (5) Therefore, in order to carry out the requirements addressed in this section, to ensure stability in placements, to preserve families, and to decrease the need for out-of-home placement, the general assembly shall define "reasonable efforts" and identify the services and processes that must be in place to ensure that "reasonable efforts" have been made. The general assembly provides that "reasonable efforts" are deemed to be met when a county or city and county provides services in accordance with section 19-3-208 and when full consideration has been given to the provisions of section 24-34-805 (2). Source: L. 93: Entire section added, p. 2012, § 1, effective July 1. L. 94: Entire section amended, p. 1053, § 2, effective May 4. L. 98: Entire section amended, p. 1416, § 1, effective July 1. L. 2015: Entire section amended, (HB 15-1337), ch. 328, p. 1340, § 1, effective June 5. L. 2018: (5) amended, (HB 18-1104), ch. 164, p. 1134, § 5, effective April 25. Colorado Revised Statutes 2019 Page 256 of 445 Uncertified Printout 19-3-101. Definitions. (Repealed) Source: L. 87: Entire title R&RE, p. 759, § 1, effective October 1. L. 93: Entire section amended, p. 2013, § 2, effective July 1; (1) amended, p. 582, § 19, effective July 1. L. 94: (1) amended, p. 1084, § 3, effective May 4. L. 96: Entire section repealed, p. 85, § 11, effective March 20. Cross references: For current applicable definitions, see § 19-1-103. 19-3-102. Neglected or dependent child. (1) A child is neglected or dependent if: (a) A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring; (b) The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian; (c) The child's environment is injurious to his or her welfare; (d) A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being; (e) The child is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian; (f) The child has run away from home or is otherwise beyond the control of his or her parent, guardian, or legal custodian; (g) The child tests positive at birth for either a schedule I controlled substance, as defined in section 18-18-203, C.R.S., or a schedule II controlled substance, as defined in section 18-18-204, C.R.S., unless the child tests positive for a schedule II controlled substance as a result of the mother's lawful intake of such substance as prescribed. (2) A child is neglected or dependent if: (a) A parent, guardian, or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse; and (b) Such parent, guardian, or legal custodian has been the respondent in another proceeding under this article in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has determined that such parent's, guardian's, or legal custodian's abuse or neglect has caused the death of another child; and (c) The pattern of habitual abuse described in paragraph (a) of this subsection (2) and the type of abuse described in the allegations specified in paragraph (b) of this subsection (2) pose a current threat to the child. Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 97: Entire section amended, p. 516, § 2, effective July 1; entire section amended, p. 1433, § 8, effective July 1. L. 2005: (1)(g) added, p. 587, § 2, effective July 1. Colorado Revised Statutes 2019 Page 257 of 445 Uncertified Printout Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1103 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Amendments to this section by Senate Bill 97-218 and Senate Bill 97-71 were harmonized. 19-3-103. Child not neglected - when. (1) No child who in lieu of medical treatment is under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing shall, for that reason alone, be considered to have been neglected or dependent within the purview of this article. However, the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability. In order to make a determination as to whether the child is in a life-threatening situation or that the child's condition will result in serious disability, the court may, as provided under section 19-1-104 (3), order a medical evaluation of the child. If the court determines, on the basis of any relevant evidence before the court, including the medical evaluation ordered pursuant to this section, that the child is in a lifethreatening situation or that the child's condition will result in serious disability, the court may, as provided under section 19-1-104 (3), order that medical treatment be provided for the child. A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to have been neglected or dependent for the purposes of this article and injured or endangered for the purposes of section 18-6-401, C.R.S. (2) A method of religious healing shall be presumed to be a recognized method of religious healing if: (a) (I) Fees and expenses incurred in connection with such treatment are permitted to be deducted from taxable income as medical expenses pursuant to regulations or rules promulgated by the United States internal revenue service; and (II) Fees and expenses incurred in connection with such treatment are generally recognized as reimbursable health care expenses under medical policies of insurance issued by insurers licensed by this state; or (b) Such treatment provides a rate of success in maintaining health and treating disease or injury that is equivalent to that of medical treatment. Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 89: Entire section amended, p. 924, § 1, effective June 7. L. 92: Entire section amended, p. 174, § 2, effective April 16. L. 93: (1) amended, p. 1637, § 23, effective July 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-114 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-104. Hearings - procedure. Any hearing conducted pursuant to this article 3 in a county designated pursuant to section 19-1-123 regarding a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2) must not be delayed or continued unless good cause is shown and unless the court finds that the best interests of the Colorado Revised Statutes 2019 Page 258 of 445 Uncertified Printout child will be served by granting a delay or continuance. Whenever any such delay or continuance is granted, the court shall set forth the specific reasons necessitating the delay or continuance and shall schedule the matter within thirty days after the date of granting the delay or continuance. If appropriate, in any hearing conducted pursuant to this article 3 in a county designated pursuant to section 19-1-123 regarding a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the court shall include all other children residing in the same household whose placement is subject to determination pursuant to this article 3. Source: L. 94: Entire section added, p. 2053, § 4, effective July 1. L. 2019: Entire section amended, (HB 19-1219), ch. 237, p. 2355, § 5, effective August 2. PART 2 GENERAL PROVISIONS 19-3-201. Venue. (1) (a) Except as provided in paragraph (b) of this subsection (1), all proceedings brought under this article shall be commenced in the county in which the child resides or is present. (b) A county department, guardian ad litem, or other person filing a petition for reinstatement of the parent-child legal relationship as set forth in section 19-3-612 must file the petition for the reinstatement of the parent-child legal relationship in the county or city and county that has legal custody of the child. (1.5) For purposes of determining proper venue, a child who is placed in the legal custody of a county department shall be deemed for the entire period of placement to reside in the county in which the child's legal parent or guardian resides or is located, even if the child is physically residing in a foster care or residential facility located in another county. In such circumstance, if a child is placed out of the home, the court shall not transfer venue pursuant to subsection (2) of this section during the period of out-of-home placement to any county other than the county in which the child's legal parent or guardian resides or is located. (2) When proceedings are commenced pursuant to this article 3 in a county other than that of the child's residence, the court in which proceedings were initiated may, on its own motion or on the motion of any interested party, transfer the case to the court in the county where the child's legal parent or guardian resides or is located unless any of the following circumstances exist: (a) The transfer would be detrimental to the best interests of the child; (b) Adjudication has not taken place and the case has not been continued pursuant to section 19-3-505 (5); (c) The legal parent or guardian has a history of frequent moves unless there is evidence of stability in the most recent move indicating an intent to remain in the new residence for six or more months, such as the legal parent or guardian has signed a lease whose term is six or more months; (d) The case is likely to be closed within three to six months; (e) The transfer will disrupt continuity or provisions of services; or (f) The case is an expedited permanency planning case, unless the requirements of subsection (3) of this section have been met. Pursuant to subsection (3) of this section, the Colorado Revised Statutes 2019 Page 259 of 445 Uncertified Printout presumption that a transfer of the proceedings is not in the child's best interest has been rebutted by a preponderance of the evidence. (2.5) The county attorney of a county that files a motion to change venue pursuant to this section shall immediately provide notice of the motion to the proposed receiving county. Upon receipt of a motion to change venue, the court shall set a hearing to rule on the motion. The requesting county attorney shall provide fourteen days written notice of the hearing to the office of the county attorney in the proposed receiving county, who shall have a right to file responsive pleadings and appear at the hearing. (3) 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), it shall be presumed that any transfer of proceedings pursuant to subsection (2) of this section without good cause shown that results in a delay in the judicial proceedings would be detrimental to the child's best interests. Such presumption may be rebutted by a preponderance of the evidence. (4) (a) An order granting a change of venue and transferring jurisdiction to the court in the county in which the child resides shall be effective fifteen days after the transferring court signs the order. Within thirty days after signing the order, the transferring court shall forward the court file, including originals or certified copies of all documents and reports, to the receiving court. (b) The order granting a change of venue and transferring jurisdiction shall include: (I) Notice to the receiving court of whether a respondent parent's counsel and the guardian ad litem appointed for the child will remain on the case. If a respondent parent's counsel or the guardian ad litem for the child will not remain on the case, the order shall inform the receiving court that the receiving court shall make a new appointment of counsel or guardian ad litem. (II) Notice that the transferring court shall vacate any existing hearing date after the effective date of the order. (5) When venue is transferred, as set forth in subsection (2) of this section, the receiving court shall proceed with the case as if the petition had been originally filed or adjudication had been originally made in that court. The receiving court shall hold an initial hearing in the case within thirty days after the effective date of the order granting a change of venue and transferring jurisdiction to the receiving court. (6) A motion for change of venue shall be made in writing and shall include a certification by the moving party that the moving party has complied with all statutory requirements. The motion for change of venue shall be mailed to all parties and attorneys of record in the case and to the county attorney in the receiving county. Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 94: (2) amended, p. 2053, § 5, effective July 1. L. 2010: Entire section amended, (HB 10-1359), ch. 223, p. 968, § 1, effective September 1. L. 2014: (1) amended, (SB 14-062), ch. 77, p. 315, § 2, effective August 6. L. 2016: (2) amended and (1.5) and (2.5) added, (HB 16-1316), ch. 127, p. 362, § 1, effective August 10. L. 2018: IP(2) and (2)(b) amended, (HB 18-1257), ch. 197, p. 1291, § 1, effective August 8. Colorado Revised Statutes 2019 Page 260 of 445 Uncertified Printout Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-201.5. Change of venue - county department and county attorney responsibilities - rules. (1) Each county department shall designate a change of venue coordinator to facilitate the transfer of jurisdiction of a case between county departments. (2) Within fifteen days after a court signs an order pursuant to section 19-3-201 granting a change of venue and transferring jurisdiction, the transferring county department shall: (a) Provide written case information to the designated change of venue coordinator in the receiving county, which information shall include, but need not be limited to, permanency goals, target dates relating to the case, evaluations, a current family services plan, court reports, dates of placement moves, the progress of the child in placement, all Title IV-E eligibility determinations pursuant to the federal "Social Security Act", as amended, and recommendations for continuing progress in the case; (b) Update all documentation in the case file, including the record in the state automated system; (c) Provide information concerning, to the extent known, the physical location of the child's parents, guardians, legal custodians, and relatives; and (d) (I) Schedule a family engagement meeting involving all parties, county department caseworkers and supervisors, and community providers; or (II) Conduct a case staffing between county caseworkers and supervisors in the transferring and receiving county departments; or (III) Submit a written case transfer summary. (3) Within fifteen days after a court signs an order pursuant to section 19-3-201 granting a change of venue and transferring jurisdiction, the transferring county attorney's office shall forward a complete copy of the case file, excluding any confidential attorney-client communications, to the county attorney's office in the receiving county. (4) The state department shall promulgate, in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., any rules necessary for the effective transfer of case responsibilities between county departments resulting from a change of venue pursuant to section 19-3-201. Source: L. 2010: Entire section added, (HB 10-1359), ch. 223, p. 969, § 2, effective September 1. Cross references: For part E of Title IV of the federal "Social Security Act", see 42 U.S.C. sec. 670 et seq. 19-3-202. Right to counsel and jury trial. (1) At the first appearance of a respondent parent, guardian, or legal custodian, the court shall fully advise the respondent of his or her legal rights, including the right to a jury trial, the right to be represented by counsel at every stage of the proceedings, and the right to seek the appointment of counsel through the office of respondent parents' counsel established in section 13-92-103, C.R.S., if the respondent is unable to financially secure counsel on his or her own. The court shall fully explain to the respondent Colorado Revised Statutes 2019 Page 261 of 445 Uncertified Printout the informational notice of rights and remedies for families prepared pursuant to section 19-3212 and shall recommend that the respondent discuss such notice with his or her counsel. Further, the court shall advise the respondent of the minimum and maximum time frames for the dependency and neglect process, including the minimum and maximum time frames for adjudication, disposition, and termination of parental rights for a child who is under six years of age at the time the petition is filed in a county designated pursuant to section 19-1-123. Nothing in this section limits the power of the court to appoint counsel prior to the filing of a petition for good cause. (2) The petitioner, any respondent, or the guardian ad litem may demand a trial by jury of six persons at the adjudicatory hearing under section 19-3-505 or the court, on its own motion, may order such a jury to try any case at the adjudicatory hearing under section 19-3-505. Source: L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 2003: (1) amended, p. 1226, § 3, effective August 6. L. 2014: (1) amended, (SB 14-203), ch. 281, p. 1141, § 2, effective August 6. L. 2015: (1) amended, (HB 15-1149), ch. 116, p. 352, § 4, effective April 24. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-203. Guardian ad litem. (1) Upon the filing of a petition under section 19-3-502 that alleges abuse or neglect of a minor child, the court shall appoint a guardian ad litem, who shall be an attorney-at-law licensed to practice in Colorado. Nothing in this section shall limit the power of the court to appoint a guardian ad litem prior to the filing of a petition for good cause. (2) The guardian ad litem shall be provided with all reports relevant to a case submitted to or made by any agency or person pursuant to this article, including reports of examination of the child or persons responsible for the neglect or dependency of the child. The county department shall share with the guardian ad litem the reports of fingerprint-based criminal history record checks from the Colorado bureau of investigation and from the federal bureau of investigation if the court orders the county department to share that information with the guardian ad litem. The court and social workers assigned to the case shall keep the guardian ad litem apprised of significant developments in the case, particularly prior to further neglect or dependency court appearances. (3) The guardian ad litem shall be charged in general with the representation of the child's interests. To that end, the guardian ad litem shall make such further investigations as the guardian ad litem deems necessary to ascertain the facts and shall talk with or observe the child involved, examine and cross-examine witnesses in both the adjudicatory and dispositional hearings, introduce and examine the guardian ad litem's own witnesses, make recommendations to the court concerning the child's welfare, appeal matters to the court of appeals or the supreme court, and participate further in the proceedings to the degree necessary to adequately represent the child. In addition, the guardian ad litem, if in the best interest of the child, shall seek to assure that reasonable efforts are being made to prevent unnecessary placement of the child out of the home and to facilitate reunification of the child with the child's family or, if reunification Colorado Revised Statutes 2019 Page 262 of 445 Uncertified Printout is not possible, to find another safe and permanent living arrangement for the child. In determining whether said reasonable efforts are made with respect to a child, and in making such reasonable efforts, the child's health and safety shall be the paramount concern. Source: L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 92: (1) amended, p. 224, § 9, effective July 1. L. 93: (3) amended, p. 2013, § 3, effective July 1. L. 98: (3) amended, p. 1417, § 3, effective July 1. L. 2001: (3) amended, p. 846, § 7, effective June 1. L. 2015: (1) and (2) amended, (SB 15-087), ch. 263, p. 1012, § 8, effective June 2. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3-105 and 19-10-113 as said sections existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2001 act amending subsection (3), see section 1 of chapter 241, Session Laws of Colorado 2001. 19-3-204. Temporary protective custody. (Repealed) Source: L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 90: Entire section repealed, p. 1037, § 6, effective April 3. 19-3-205. Continuing jurisdiction. (1) Except as otherwise provided in this article, the jurisdiction of the court over any child adjudicated as neglected or dependent shall continue until he becomes twenty-one years of age unless earlier terminated by court order. (2) (a) Commencing January 1, 2012, the court shall consider the individual circumstances of each youth in out-of-home placement who is at least seventeen years of age but who has not yet reached eighteen years of age to determine if the youth is ready to become independent upon reaching eighteen years of age or whether the youth should remain under the care and supervision of the county until the youth reaches twenty-one years of age unless earlier terminated by court order. The court shall determine if the youth is engaged in one of the following activities: (I) Completing secondary education or is enrolled in a program leading to an equivalent credential; (II) Enrolled in an institution that provides postsecondary or career and technical education; (III) Participating in a program or activity designed to promote or remove barriers to employment; or (IV) Employed for at least eighty hours per month. (b) If a youth's medical condition makes him or her incapable of engaging in any of the activities described in subparagraphs (I) to (IV) of paragraph (a) of this subsection (2), the applicable county department shall maintain information about the youth's condition in the youth's case plan. Colorado Revised Statutes 2019 Page 263 of 445 Uncertified Printout Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1. L. 2011: Entire section amended, (HB 11-1079), ch. 83, p. 226, § 8, effective August 10. L. 2017: (2)(a)(II) amended, (SB 17-294), ch. 264, p. 1394, § 41, effective May 25. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3118 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) The provisions of subsection (2) in House Bill 11-1079 have been relettered and renumbered on revision for ease of location. 19-3-206. Representation of petitioner. In all proceedings brought under this article, the petitioner shall be represented by a county attorney, special county attorney, or city attorney of a city and county. Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-207. Inadmissibility of certain evidence. (1) Upon the request of the county attorney, special county attorney, or the city attorney of a city and county, the court shall set a hearing to determine the admissibility in a subsequent criminal proceeding arising from the same episode of information derived directly from testimony obtained pursuant to compulsory process in a proceeding under this article. The district attorney of the judicial district in which the matter is being heard shall be given five days' written notice of the hearing by the clerk of the court. Such hearing shall be held in camera, and the district attorney shall have the right to appear at the hearing and to object to the entry of the order holding such information inadmissible. The court shall not enter such an order if the district attorney presents prima facie evidence that the inadmissibility of such information would substantially impair his or her ability to prosecute the criminal case. The provisions of this subsection (1) shall not be construed to prevent any law enforcement officer from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution. (2) No professional shall be examined in any criminal case without the consent of the respondent as to statements made pursuant to compliance with court treatment orders, including protective orders, entered under this article; except that such privilege shall not apply to any discussion of any future misconduct or of any other past misconduct unrelated to the allegations involved in the treatment plan. The admissibility of testimony as set forth in this subsection (2) shall not be subject to the hearing and notice provisions of subsection (1) of this section. (2.5) Notwithstanding any other provision of law to the contrary, a juvenile's statements to a professional made in the course of treatment ordered by the court pursuant to this article shall not, without the juvenile's consent, be admitted into evidence in any criminal or juvenile delinquency case brought against the juvenile; except that the privilege shall not apply to statements regarding future misconduct. Colorado Revised Statutes 2019 Page 264 of 445 Uncertified Printout (3) No admission made by a respondent in open court or by written pleading filed with the court to a petition in dependency or neglect may be used against him or her in any criminal prosecution, except for purposes of impeachment or rebuttal. Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1. L. 90: (2) amended, p. 1037, § 4, effective April 3. L. 97: Entire section amended, p. 518, § 5, effective July 1. L. 2004: (2.5) added, p. 274, § 1, effective April 5. 19-3-208. Services - county required to provide - rules - definitions. (1) Each county or city and county shall provide a set of services, as defined in subsection (2) of this section, to children who are in out-of-home placement or meet the social services out-of-home placement criteria and to their families in the state of Colorado eligible for such services as determined necessary by an assessment and a case plan. A county or city and county may enter into an agreement with any other county, city and county, or group of counties to share in the provision of these services. Each county, city and county, or group of counties may enter into contracts with private entities for the provision of these services. Each county or city and county shall have a process in place whereby services can readily be accessed by children and families determined to be in need of such services described in subsection (2) of this section. For the purposes of this subsection (1), the requirements of providing services or a process shall be made available based upon the state's capacity to increase federal funding or any other moneys appropriated for these services. (1.5) As used in this section, unless the context otherwise requires: (a) "School of origin" has the same meaning as provided in section 22-32-138. (b) "Student in out-of-home placement" has the same meaning as provided in section 2232-138. (2) (a) "Services" shall be designed to accomplish the following goals: (I) Promote the immediate health, safety, and well-being of children eligible for these services based upon the case assessment and individual case plan; (II) Reduce the risk of future maltreatment of children who have previously been abused or neglected and protect the siblings of such children and other children who are members of the same household who may be subjected to maltreatment; (III) Avoid the unnecessary placement of children into foster care resulting from child abuse and neglect, voluntary decisions by families, or the commission of status offenses; (IV) Facilitate, if appropriate, the speedy reunification of parents with any of their children who have been placed in out-of-home placement; (V) Ensure that the placement of a child is neither delayed nor denied due to consideration of the race, color, or national origin of the child or any other person unless such consideration is permitted pursuant to federal law; and (VI) Promote the best interests of the child. (b) The following services must be available and provided, as determined necessary and appropriate by individual case plans: (I) Screening; assessments, including those required by the federal "Family First Prevention Services Act of 2018", Titles IV-B and IV-E of the federal "Social Security Act", as amended; and individual case plans; (II) Home-based family and crisis counseling; Colorado Revised Statutes 2019 Page 265 of 445 Uncertified Printout (III) Information and referral services to available public and private assistance resources; (IV) Visitation services for parents with children or youth in out-of-home placement; (V) Placement services including foster care and emergency shelter; and (VI) Services including but not limited to transportation and case planning, as necessary for a student in out-of-home placement to remain in his or her school of origin, unless the county department determines that remaining in the school of origin is not in the student's best interest. (c) (Deleted by amendment, L. 94, p. 1054, § 4, effective May 4, 1994.) (d) The following services must be made available and provided based upon the state's capacity to increase federal funding or any other money appropriated for these services and as determined necessary and appropriate by individual case plans: (I) Transportation to these services when other appropriate transportation is not available; (II) Child care as needed according to a case plan, when other child care is not available; (III) In-home supportive homemaker services; (IV) Diagnostic, mental health, and health care services; (V) Drug and alcohol treatment services; (VI) After care services to prevent a return to out-of-home placement; (VII) Family support services while a child is in out-of-home placement including homebased services, family counseling, and placement alternative services; (VIII) Financial services in order to prevent placement; (IX) Family preservation services, which are brief, comprehensive, and intensive services provided to prevent the out-of-home placement of children or to promote the safe return of children to the home; and (X) Foster care prevention services. (e) The department of human services may promulgate such rules and regulations as are necessary to implement the provision of services pursuant to this article. (f) It is the intent of the general assembly to use existing general fund moneys which have serviced the programs described in this subsection (2) to access federal funds. (g) Services provided pursuant to this section are required to meet the provisions of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations. (3) (a) The state board of human services shall promulgate rules creating a standard and deliberate process for determining, in coordination with the education provider, parents, if appropriate, guardian ad litem, and the child or youth, whether it is in the best interest of a child or youth in out-of-home placement to remain in his or her school of origin when the child or youth is placed in out-of-home placement or experiences a change in placement. (b) Each county department of human or social services shall coordinate with school districts and the state charter school institute to establish systems-level plans for how necessary transportation to a school of origin will be provided, arranged, and funded for the duration of a child or youth's time as a student in out-of-home placement, including the equitable allocation of costs. (c) The department of human services shall provide technical assistance and compliance monitoring for the county departments of human or social services to ensure that county departments of human or social services are properly implementing this subsection (3), including Colorado Revised Statutes 2019 Page 266 of 445 Uncertified Printout administering funds to allow students in out-of-home placement to remain in their schools of origin, with transportation provided. (d) Any state funds expended pursuant to this section for children eligible under Title IV-E of the federal "Social Security Act", as amended, shall be counted to satisfy matching requirements for federal funds received pursuant to that act. Source: L. 93: Entire section added, p. 2014, § 4, effective July 1. L. 94: (1), (2)(c), and IP(2)(d) amended, p. 1054, § 4, effective May 4; (2)(a) amended, p. 672, § 1, effective July 1; (2)(e) amended, p. 2682, § 197, effective July 1. L. 2008: (2)(a)(I) amended, p. 812, § 1, effective May 14. L. 2010: (2)(a)(V) amended, (HB 10-1106), ch. 278, p. 1274, § 5, effective May 26. L. 2018: (2)(g) added, (HB 18-1104), ch. 164, p. 1134, § 6, effective April 25; IP(2)(b) and (2)(b)(I) amended, (SB 18-254), ch. 216, p. 1373, § 1, effective May 18; (1.5), (2)(b)(VI), and (3) added and IP(2)(b), (2)(b)(IV), and (2)(b)(V) amended, (HB 18-1306), ch. 364, p. 2181, § 4, effective August 8. L. 2019: IP(2)(d), (2)(d)(VIII), and (2)(d)(IX) amended and (2)(d)(X) added, (HB 19-1308), ch. 256, p. 2460, § 5, effective August 2. Editor's note: Amendments to subsection IP (2)(b) by SB 18-254 and HB 18-1306 were harmonized. Cross references: For the legislative declaration in HB 18-1306, see section 1 of chapter 364, Session Laws of Colorado 2018. 19-3-208.5. Pilot program - legislative declaration - child welfare - mental health services - rules - repeal. (Repealed) Source: L. 2008: Entire section added, p. 812, § 2, effective May 14. L. 2009: (4), (5), (8), and (9) amended, (SB 09-207), ch. 8, p. 60, § 1, effective March 2. L. 2018: (8) amended, (SB 18-164), ch. 37, p. 394, § 2, effective August 8. Editor's note: Subsection (9) provided for the repeal of this section, effective July 1, 2019. (See L. 2009, p. 60.) Cross references: For the legislative declaration in SB 18-164, see section 1 of chapter 37, Session Laws of Colorado 2018. 19-3-209. Individual case plan - required. An individual case plan, developed with the input or participation of the family, is required to be in place for all abused and neglected children and the families of such children in each case which is opened for the provision of services beyond the investigation of the report of child abuse or neglect, regardless of whether the child or children involved are placed out of the home or under court supervision. Source: L. 93: Entire section added, p. 2014, § 4, effective July 1. 19-3-210. Foster parents' bill of rights study - task force created - principles to be examined - report. (Repealed) Colorado Revised Statutes 2019 Page 267 of 445 Uncertified Printout Source: L. 93: Entire section added, p. 1246, § 1, effective June 6. L. 94: (1) and (4) amended, p. 2682, § 198, effective July 1. L. 96: Entire section repealed, p. 1249, § 124, effective August 7. Cross references: For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996. 19-3-211. Conflict resolution process - rules - definitions. (1) (a) The state department, in conjunction with the attorney general, shall adopt rules concerning the statewide implementation of a conflict resolution process in each county and city and county pursuant to the provisions of this section. The purpose of such conflict resolution process is to provide a forum for grievances concerning the conduct of county department personnel in performing their duties pursuant to this article. (b) A citizen review panel shall be created in each county and city and county. The members of such citizen review panel shall be appointed by the governing body without influence from the state department or the county department, be representative of the community, have demonstrable personal or professional knowledge and experience with children, and not be employees or agents of the state department or any county department. At least one member of the citizen review panel in each county and city and county shall be the parent of a minor child at the time of his or her appointment to serve on such panel. (c) The conflict resolution process shall provide for the resolution of grievances as follows: (I) Transmittal of all grievances to the county director for internal resolution by the county department within ten working days after receipt of the grievance; (II) Closure of the grievance and issuance of a written final decision if the county department has resolved the grievance to the complainant's satisfaction; (III) Referral of the grievance to the citizen review panel upon the request of the complainant if the county department has not resolved the grievance to the complainant's satisfaction; (IV) Review by the citizen review panel of the grievance and the county department's proposed resolution of the grievance within thirty days after receipt of the referral; (V) Written notification by the citizen review panel to the complainant and the county director of its recommendation concerning the grievance and the basis for its recommendation; (VI) Closure of the grievance and issuance of a written final decision by the county director if the county department agrees with the recommendation of the citizen review panel; (VII) Referral of a grievance to the governing body for review if the county department or the complainant disagrees with the recommendation of the citizen review panel. (d) The governing body shall submit a written decision containing its recommendation and the basis for its recommendation to the county director and any county department employee who is the subject of a grievance, and the county director shall issue a written final decision that shall include the county director's plan for implementation of the final decision. (e) Any recommendations of the citizen review panel and of the governing body shall be limited to actions within the authority of the county director including, but not limited to, recommendations for case reassignment, personnel training, and disciplinary action concerning a county department employee. If disciplinary action is initiated against a county department Colorado Revised Statutes 2019 Page 268 of 445 Uncertified Printout employee as a result of recommendations, the employee shall be entitled to the rights, including procedural rights to appeal, that the employee has through the merit system or other applicable personnel system under which the employee is employed. (f) A citizen review panel and any governing body shall have access to child abuse or neglect reports and any information from the complete case file that the governing body believes is pertinent to the grievance, which shall be reviewed solely for the purpose of resolving grievances pursuant to the provisions of this section; except that access to identifying information concerning any person who reported child abuse or neglect shall not be provided and no participant in the conflict resolution process shall divulge or make public any confidential information contained in a report of child abuse or neglect or in other case file records to which he or she has been provided access. (g) The county department shall prepare a final report to the citizen review panel within thirty days after the issuance of any final decision in the conflict resolution process that shall include the disposition of each grievance referred to the citizen review panel in a manner not inconsistent with applicable state and county personnel rules. (h) The complainant or county department employee who is the subject of the grievance shall receive copies of the following: (I) The written decision of the governing body required pursuant to paragraph (d) of this subsection (1); (II) The final written decision of the county director required pursuant to paragraph (d) of this subsection (1); (III) The final report of the county department required pursuant to paragraph (g) of this subsection (1). (2) The state department shall create a system for monitoring compliance with this section that shall include annual reports prepared by each county and city and county as to the grievances received and their disposition. Such annual reports shall be made available to the citizen review panels and the state department and shall be available for public review. (3) (a) At the request of the complainant, the county department, or the subject of the grievance, each citizen review panel, as part of its review, may take informal testimony submitted voluntarily and without fee by experts or other individuals, including county department personnel. (b) Each citizen review panel may request and receive information from any other county or city and county that may be pertinent to the grievance. (4) Each county department shall implement the conflict resolution process. The state department shall promulgate rules governing the implementation of the process in the following areas: (a) Procedures for making relevant information concerning the conflict resolution process public; (b) Time frames for the citizen review panel's and the governing body's written notification of recommendations; and (c) Procedures for processing grievances, for determining if a grievance is within the scope of the conflict resolution process, and for receiving testimony and other information from the complainant, the county department, and the subject of the grievance. (5) (a) Nothing in this section shall be construed to direct or authorize any participant in the conflict resolution process to use the process to interfere with any civil or criminal Colorado Revised Statutes 2019 Page 269 of 445 Uncertified Printout investigation or judicial proceeding, to seek relief from any court action, or to seek a remedy that is within the authority of a court having jurisdiction over a pending proceeding. (b) Notwithstanding the provisions of paragraph (a) of this subsection (5), a county department shall not be precluded from presenting any relevant evidence in a pending civil or criminal investigation or proceeding that the county department has obtained in the course of fulfilling its duties in the conflict resolution process pursuant to the provisions of this section. Source: L. 94: Entire section added, p. 2081, § 1, effective June 3. L. 96: (6) repealed, p. 85, § 11, effective March 20; (2)(h) repealed, p. 1247, § 118, effective August 7. L. 97: Entire section R&RE, p. 1434, § 9, effective July 1. L. 2004: (1)(a) and IP(4) amended, p. 194, § 8, effective August 4. 19-3-212. Notice of rights and remedies for families. (1) The state department shall prepare, with the assistance of the attorney general, on a standardized written form, a detailed informational notice of rights and remedies for families subject to the provisions of this article. (2) The notice prepared pursuant to subsection (1) of this section shall be supplied to all social service and law enforcement agencies in the state and shall be delivered to all parents and families from whom children are removed under court order or by law enforcement personnel, along with a copy of the court order directing removal of the child or children from the home. In addition to the notification on the court order, the informational notice shall contain a statement as to the cause of the removal of the child or children. The notice shall also contain disclosure of the availability of the conflict resolution process to persons who are the subject of any child abuse or neglect report and to the parents, Indian custodians, guardian, or legal custodian of a child who is the subject of any child abuse or neglect report. The standardized written notice form prepared pursuant to subsection (1) of this section shall also include a notification of rights of the parents, Indian custodians, guardians, or legal custodians of Indian children under the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901, et seq. (3) The notice prepared pursuant to subsection (1) of this section shall be available for public inspection at a review and comment hearing prior to its adoption. Source: L. 94: Entire section added, p. 2081, § 1, effective June 3. L. 97: (2) amended, p. 1437, § 10, effective July 1. L. 2002: (1) and (2) amended, p. 786, § 5, effective May 30. Cross references: For the legislative declaration contained in the 2002 act amending subsections (1) and (2), see section 1 of chapter 217, Session Laws of Colorado 2002. 19-3-213. Placement criteria. (1) In any case in which the county department recommends placement out of the home for a child or in which a child is in out-of-home placement, the court, the guardian ad litem, the county department, any CASA volunteer, and other parties shall consider the best interests of the child and shall comply with the following placement criteria: (a) Prior to the change of placement of a child, the county department shall, to the extent possible, notify the guardian ad litem, any CASA volunteer, and other parties. If the guardian ad litem or other party disagrees with the change of placement, he or she may seek an emergency Colorado Revised Statutes 2019 Page 270 of 445 Uncertified Printout hearing concerning the appropriate placement for a child. In an emergency, the county department may proceed to make the change of placement prior to any requested hearing. (b) Except in exceptional circumstances, no child shall remain in an emergency, shortterm, or shelter facility for more than sixty days, nor shall a child be moved from one such facility to another, unless all reasonable efforts to return the child to the child's home or to place the child in a more permanent setting have been exhausted. (c) (I) If the child is part of a sibling group, as defined in section 19-1-103 (98.5), and the sibling group is being placed in foster care, the county department shall make thorough efforts to locate a joint placement for all of the children in the sibling group. 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. (II) Consideration of the placement of children together as a sibling group in foster care shall not be construed as requiring the removal of a child from his or her home and placement into foster care if that is not in the best interests of the child. (III) In any proceeding under this article involving a sibling group, the judge shall review the family services plan document regarding placement of siblings. (d) Prior to the change of placement of a child, all parties shall attempt to promote educational stability for the child by taking into account the child's existing educational situation and, to the extent possible and in accordance with the child's best interests, selecting a change of placement that enables the child to remain in the existing educational situation or to transfer to a new educational situation that is comparable to the existing situation. (2) If a child runs away from an out-of-home placement facility, the person in charge of the placement facility, foster parent, relative, or other placement provider shall notify the county department as soon as possible after discovering that the child has run away. The county department shall notify the court and other parties within ten days after the county department has received notice and take appropriate steps to locate the child. Source: L. 97: Entire section added, p. 1438, § 11, effective July 1. L. 2000: (1) amended, p. 475, § 3, effective July 1. L. 2003: (1)(c)(I) amended, p. 2622, § 1, effective June 5. L. 2008: (1)(d) added, p. 471, § 3, effective April 17. Cross references: For the legislative declaration contained in the 2008 act enacting subsection (1)(d), see section 1 of chapter 147, Session Laws of Colorado 2008. 19-3-214. Placement reporting. (1) Each county department shall maintain and update on a monthly basis a report of the number of children who have been removed from their homes and placed in the temporary custody of the county department for the preceding month. The report shall indicate whether a child who has been placed out of the home has been placed with relatives. (2) Notwithstanding section 24-1-136 (11)(a)(I), the state department shall submit an annual report to the joint budget committee of the general assembly no later than December 1 of each year that compiles the monthly reports of the number of children who have been placed out Colorado Revised Statutes 2019 Page 271 of 445 Uncertified Printout of the home in each county or city and county for the preceding year as required pursuant to subsection (1) of this section. Source: L. 97: Entire section added, p. 1438, § 11, effective July 1. L. 2017: (2) amended, (SB 17-234), ch. 154, p. 521, § 4, effective August 9. 19-3-215. Foster care - capacity may be exceeded for sibling groups. The state board of human services shall promulgate rules that allow foster care homes to exceed capacity for the number of children and for square footage requirements in order to accommodate the joint placement of sibling groups in a single foster care home. Source: L. 2000: Entire section added, p. 478, § 9, effective July 1. PART 3 CHILD ABUSE OR NEGLECT 19-3-301. Short title. This part 3 shall be known and may be cited as the "Child Protection Act of 1987". Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-302. Legislative declaration. The general assembly declares that the complete reporting of child abuse is a matter of public concern and that, in enacting this part 3, it is the intent of the general assembly to protect the best interests of children of this state and to offer protective services in order to prevent any further harm to a child suffering from abuse. It is also the intent of the general assembly that if a county or group of counties decides to establish a child protection team, that the child protection teams publicly discuss public agencies' responses to child abuse and neglect reports so that the public and the general assembly are better informed concerning the operation and administration of this part 3. Source: L. 87: Entire title R&RE, p. 762, § 1, effective October 1. L. 2017: Entire section amended, (SB 17-016), ch. 107, p. 389, § 1, effective August 9. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-303. Definitions. (Repealed) Colorado Revised Statutes 2019 Page 272 of 445 Uncertified Printout Source: L. 87: Entire title R&RE, p. 763, § 1, effective October 1. L. 91: (2.5) and (10) amended and (4.5), (4.7), and (9.5) added, p. 222, § 3, effective May 24. L. 92: (9.5) amended, p. 2175, § 29, effective June 2. L. 93: (2) amended, p. 1250, § 2, effective June 6. L. 94: (1)(a)(IV) added, p. 1055, § 5, effective May 4; (9) amended, p. 2683, § 199, effective July 1. L. 96: Entire section repealed, p. 85, § 11, effective March 20. Cross references: For current applicable definitions, see § 19-1-103. 19-3-304. Persons required to report child abuse or neglect. (1) (a) Except as otherwise provided by section 19-3-307, section 25-1-122 (4)(d), C.R.S., and paragraph (b) of this subsection (1), any person specified in subsection (2) of this section who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving such information report or cause a report to be made of such fact to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S. (b) The reporting requirement described in paragraph (a) of this subsection (1) shall not apply if the person who is otherwise required to report does not: (I) Learn of the suspected abuse or neglect until after the alleged victim of the suspected abuse or neglect is eighteen years of age or older; and (II) Have reasonable cause to know or suspect that the perpetrator of the suspected abuse or neglect: (A) Has subjected any other child currently under eighteen years of age to abuse or neglect or to circumstances or conditions that would likely result in abuse or neglect; or (B) Is currently in a position of trust, as defined in section 18-3-401 (3.5), C.R.S., with regard to any child currently under eighteen years of age. (2) Persons required to report such abuse or neglect or circumstances or conditions include any: (a) Physician or surgeon, including a physician in training; (b) Child health associate; (c) Medical examiner or coroner; (d) Dentist; (e) Osteopath; (f) Optometrist; (g) Chiropractor; (h) Podiatrist; (i) Registered nurse or licensed practical nurse; (j) Hospital personnel engaged in the admission, care, or treatment of patients; (k) Christian science practitioner; (l) Public or private school official or employee; (m) Social worker or worker in any facility or agency that is licensed or certified pursuant to part 1 of article 6 of title 26, C.R.S.; (n) Mental health professional; (o) Dental hygienist; (p) Psychologist; Colorado Revised Statutes 2019 Page 273 of 445 Uncertified Printout (q) Physical therapist; (r) Veterinarian; (s) Peace officer as described in section 16-2.5-101, C.R.S.; (t) Pharmacist; (u) Commercial film and photographic print processor as provided in subsection (2.5) of this section; (v) Firefighter as defined in section 18-3-201 (1.5), C.R.S.; (w) Victim's advocate, as defined in section 13-90-107 (1)(k)(II), C.R.S.; (x) Licensed professional counselors; (y) Licensed marriage and family therapists; (z) Registered psychotherapists; (aa) (I) Clergy member. (II) The provisions of this paragraph (aa) shall not apply to a person who acquires reasonable cause to know or suspect that a child has been subjected to abuse or neglect during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication. (III) For purposes of this paragraph (aa), unless the context otherwise requires, "clergy member" means a priest, rabbi, duly ordained, commissioned, or licensed minister of a church, member of a religious order, or recognized leader of any religious body. (bb) Registered dietitian who holds a certificate through the commission on dietetic registration and who is otherwise prohibited by 7 CFR 246.26 from making a report absent a state law requiring the release of this information; (cc) Worker in the state department of human services; (dd) Juvenile parole and probation officers; (ee) Child and family investigators, as described in section 14-10-116.5, C.R.S.; (ff) Officers and agents of the state bureau of animal protection, and animal control officers; (gg) The child protection ombudsman as created in article 3.3 of this title; (hh) Educator providing services through a federal special supplemental nutrition program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786; (ii) Director, coach, assistant coach, or athletic program personnel employed by a private sports organization or program. For purposes of this paragraph (ii), "employed" means that an individual is compensated beyond reimbursement for his or her expenses related to the private sports organization or program. (jj) Person who is registered as a psychologist candidate pursuant to section 12-245-304 (3), marriage and family therapist candidate pursuant to section 12-245-504 (4), or licensed professional counselor candidate pursuant to section 12-245-604 (4), or who is described in section 12-245-217; (kk) Emergency medical service providers, as defined in sections 25-3.5-103 (8) and 253.5-103 (12) and certified or licensed pursuant to part 2 of article 3.5 of title 25; (ll) Officials or employees of county departments of health, human services, or social services; and (mm) Naturopathic doctor registered under article 250 of title 12. Colorado Revised Statutes 2019 Page 274 of 445 Uncertified Printout (2.5) Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child engaged in an act of sexual conduct shall report such fact to a local law enforcement agency immediately or as soon as practically possible by telephone and shall prepare and send a written report of it with a copy of the film, photograph, video tape, negative, or slide attached within thirty-six hours of receiving the information concerning the incident. (3) In addition to those persons specifically required by this section to report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in abuse or neglect, any other person may report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in child abuse or neglect to the local law enforcement agency, the county department, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S. (3.5) No person, including a person specified in subsection (1) of this section, shall knowingly make a false report of abuse or neglect to a county department, a local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S. (4) Any person who willfully violates the provisions of subsection (1) of this section or who violates the provisions of subsection (3.5) of this section: (a) Commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3501, C.R.S.; (b) Shall be liable for damages proximately caused thereby. (5) No person shall be prosecuted, tried, or punished for an offense that pertains to a report of unlawful sexual behavior as defined in section 16-22-102 (9) and under circumstances when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to unlawful sexual behavior as defined in section 16-22-102 (9) or observed the child being subjected to circumstances or conditions that would reasonably result in unlawful sexual behavior as defined in section 16-22-102 (9) unless the indictment, information, complaint, or action for the same is found or instituted within three years after the commission of the offense. The limitation for commencing criminal proceedings concerning acts of failure to report child abuse other than those involving acts described in this subsection (5) are governed by section 165-401. Source: L. 87: Entire title R&RE, p. 764, § 1, effective October 1. L. 90: (2)(m) amended, P. 1394, § 2, effective May 24; (3.5) added and IP(4) amended, p. 1023, § 1, effective July 1. L. 93: (1) amended, p. 1609, § 1, effective June 6; (2) amended, p. 1735, § 29, effective July 1. L. 95: (2)(w) added, p. 949, § 5, effective July 1. L. 96: (2.5) amended, p. 83, § 8, effective March 20; (2)(m) amended, p. 265, § 16, effective July 1. L. 97: (2)(v) amended, p. 1013, § 19, effective August 6. L. 2001: (2)(x), (2)(y), and (2)(z) added, p. 160, § 1, effective July 1. L. 2002: (1) amended, p. 568, § 2, effective May 24; (2)(aa) added, p. 1145, § 1, effective June 3; (1) amended, p. 1592, § 30, effective July 1; (4)(a) amended, p. 1527, § 231, effective October 1. L. 2003: (2)(m) amended and (2)(cc) added, p. 660, § 1, effective March 20; (2)(bb) added, p. 666, § 1, effective March 20; (2)(s) amended, p. 1616, § 18, effective August 6. L. 2005: (2)(dd), (2)(ee), and (2)(ff) added, p. 357, § 1, effective April 22; (2)(ee) amended, p. 963, § 9, effective July 1. L. 2010: (2)(gg) added, (SB 10-171), ch. 225, p. 982, § 4, effective May 14; Colorado Revised Statutes 2019 Page 275 of 445 Uncertified Printout (1) amended, (SB 10-066), ch. 418, p. 2060, § 1, effective June 10; (2)(h) amended, (HB 101224), ch. 420, p. 2161, § 25, effective July 1. L. 2011: IP(2) and (2)(z) amended, (SB 11-187), ch. 285, p. 1328, § 71, effective July 1; (2)(hh) added, (SB 11-034), ch. 125, p. 390, § 1, effective January 1, 2012. L. 2013: (2)(hh) amended and (2)(ii) added, (SB 13-012), ch. 51, p. 173, § 2, effective March 22; (1)(a), (3), and (3.5) amended, (HB 13-1271), ch. 219, p. 1021, § 2, effective May 14; (2)(jj) added, (HB 13-1104), ch. 77, p. 249, § 6, effective August 7; (2)(kk) added, (SB 13-220), ch. 220, p. 1023, § 1, effective July 1, 2014. L. 2014: (2)(v) amended, (HB 14-1214), ch. 336, p. 1499, § 11, effective August 6. L. 2016: (1)(a) amended, (SB 16-146), ch. 230, p. 918, § 13, effective July 1. L. 2017: (2)(jj) and (2)(kk) amended and (2)(mm) added, (SB 17-106), ch. 302, p. 1650, § 8, effective August 9; (2)(jj) and (2)(kk) amended and (2)(ll) added, (HB 17-1185), ch. 194, p. 710, § 2, effective December 31. L. 2019: (5) added, (SB 19-049), ch. 56, p. 195, § 1, effective March 28; (2)(kk) amended, (SB 19-242), ch. 396, p. 3528, § 13, effective May 31; (2)(jj) and (2)(mm) amended, (HB 19-1172), ch. 136, p. 1682, § 112, effective October 1. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10104 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Subsection (2)(cc) was originally numbered as (2)(bb) in House Bill 03-1037 but has been renumbered on revision for ease of location. (3) Section 2 of chapter 56 (SB 19-049), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after March 28, 2019. (4) Section 29(2) of chapter 396 (SB 19-242), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct on or after May 31, 2019. Cross references: For the legislative declaration contained in the 2002 act amending subsection (4)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2005 act amending subsection (2)(ee), see section 1 of chapter 244, Session Laws of Colorado 2005. For the legislative declaration in the 2013 act amending subsection (2)(hh) and adding subsection (2)(ii), see section 1 of chapter 51, Session Laws of Colorado 2013. 19-3-304.5. Emergency possession of certain abandoned children - definition. (1) If a parent voluntarily delivers a child to a firefighter, as defined in section 18-3-201 (1.5), or a staff member who engages in the admission, care, or treatment of patients at a hospital or community clinic emergency center, as defined in subsection (9) of this section, when the firefighter is at a fire station or the staff member is at a hospital or community clinic emergency center, as defined in subsection (9) of this section, the firefighter or staff member of the hospital or community clinic emergency center shall, without a court order, take temporary physical custody of the child if: (a) The child is seventy-two hours old or younger; and (b) The parent did not express an intent to return for the child. (2) If a firefighter or staff member of a hospital or community clinic emergency center takes temporary physical custody of a child pursuant to subsection (1) of this section, the firefighter or staff member shall: Colorado Revised Statutes 2019 Page 276 of 445 Uncertified Printout (a) Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health or safety of the child during the temporary physical custody; and (b) Notify a law enforcement officer and the county department of the abandonment within twenty-four hours after the abandonment. (3) A firefighter or staff member of a hospital or community clinic emergency center shall incur no civil or criminal liability for any good faith acts or omissions performed pursuant to this section. (4) Upon receipt of notice pursuant to subsection (2) of this section, a law enforcement officer shall take the abandoned child into temporary custody pursuant to section 19-3-401. (4.5) Any document prepared by a firefighter, a hospital or community clinic emergency center staff member, or a law enforcement officer pursuant to this section is a dependency and neglect record and is subject to the confidentiality provisions of section 19-1-307. (5) Each county department of human or social services shall maintain and update on a monthly basis a report of the number of children who have been abandoned pursuant to this section. Each county department of human or social services shall submit such information to the state department of human services. (6) Notwithstanding section 24-1-136 (11)(a)(I), the state department of human services shall submit an annual report to the general assembly, beginning January 1, 2001, that compiles the monthly reports, required pursuant to subsection (5) of this section, of the number of children abandoned pursuant to this section. (7) The general assembly hereby finds, determines, and declares that a county department of human or social services shall place an abandoned child with a potential adoptive parent as soon as possible. The general assembly further declares that, as soon as lawfully possible, a county department of human or social services shall proceed with a motion to terminate the parental rights of a parent who abandons a child. (8) A parent who utilizes the provisions of this section shall not, for that reason alone, be found to be responsible in a confirmed report of abuse or neglect. (9) "Community clinic emergency center" means a community clinic licensed by the department of public health and environment pursuant to section 25-3-101 (2)(a)(I)(B) that: (a) Delivers emergency services; and (b) Provides emergency care twenty-four hours per day and seven days a week throughout the year, except if located in a rural or frontier area that does not have the demand to support twenty-four-hour service or only operates each year during a specified time period due to seasonal population influx. Source: L. 2000: Entire section added, p. 2004, § 2, effective June 3. L. 2002: (4.5) added, p. 168, § 1, effective April 1. L. 2003: (2)(b) amended and (8) added, p. 769, § 1, effective March 25. L. 2006: (8) amended, p. 1493, § 24, effective June 1. L. 2014: IP(1) amended, (HB 14-1214), ch. 336, p. 1499, § 12, effective August 6. L. 2017: (6) amended, (SB 17-234), ch. 154, p. 521, § 5, effective August 9. L. 2018: IP(1), IP(2), (3), and (4.5) amended and (9) added, (SB 18-050), ch. 20, p. 270, § 3, effective March 7; (5) and (7) amended, (SB 18092), ch. 38, p. 417, § 52, effective August 8. Colorado Revised Statutes 2019 Page 277 of 445 Uncertified Printout Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-3-305. Required report of postmortem investigation. (1) Any person who is required by section 19-3-304 to report known or suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report such fact immediately to a local law enforcement agency and to the appropriate medical examiner. The local law enforcement agency and the medical examiner shall accept such report for investigation and shall report their findings to the local law enforcement agency, the district attorney, and the county department. (2) The county department shall forward a copy of such report to the state department of human services. Source: L. 87: Entire title R&RE, p. 765, § 1, effective October 1. L. 2003: (2) amended, p. 1405, § 9, effective January 1, 2004. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2003 act amending subsection (2), see section 1 of chapter 196, Session Laws of Colorado 2003. 19-3-306. Evidence of abuse - color photographs and X rays. (1) Any child health associate, person licensed to practice medicine in this state, registered nurse or licensed practical nurse, hospital personnel engaged in the admission, examination, care, or treatment of patients, medical examiner, coroner, social worker, psychologist, or local law enforcement officer who has before him a child he reasonably believes has been abused or neglected may take or cause to be taken color photographs of the areas of trauma visible on the child. If medically indicated, such person may take or cause to be taken X rays of the child. (2) Copies or duplicate originals of any color photographs which show evidence of child abuse shall be immediately forwarded to the county department or to the local law enforcement agency. Original photographs shall be made available upon the request of such department or agency. X rays which show evidence of child abuse or copies of the X-ray report, or both, shall be made available upon request to the county department or the local law enforcement agency. Any person who forwards original photographs or X rays pursuant to this section shall maintain copies or duplicate originals thereof. Source: L. 87: Entire title R&RE, p. 766, § 1, effective October 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Colorado Revised Statutes 2019 Page 278 of 445 Uncertified Printout 19-3-307. Reporting procedures. (1) Reports of known or suspected child abuse or neglect made pursuant to this article shall be made immediately to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S., and shall be followed promptly by a written report prepared by those persons required to report. The county department shall submit a report of confirmed child abuse or neglect within sixty days of receipt of the report to the state department in a manner prescribed by the state department. (2) Reports of known or suspected child abuse or neglect made pursuant to this article 3 must include the following information whenever possible: (a) The name, address, age, sex, and race of the child; (b) The name and address of the person responsible for the suspected abuse or neglect; (c) The nature and extent of the child's injuries, including any evidence of previous cases of known or suspected abuse or neglect of the child or the child's siblings; (d) The names and addresses of the persons responsible for the suspected abuse or neglect, if known; (e) The family composition; (f) The source of the report and the name, address, and occupation of the person making the report; (g) Any action taken by the reporting source; (h) Any other information that the person making the report believes may be helpful in furthering the purposes of this part 3; (i) The military affiliation of the individual who has custody or control of the child who is the subject of the investigation of child abuse or neglect, if such individual is a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. This information shall be shared with the appropriate military installation authorities pursuant to the requirements set forth in sections 19-1-303 (2.6) and 19-1307 (2)(w). (2.5) Notwithstanding the requirements set forth in subsection (2) of this section, any officer or employee of a county, district, or municipal public health agency or state department of public health and environment who makes a report pursuant to section 25-1-122 (4)(d) or 254-405, C.R.S., shall include only the information described in said section. (3) (a) A copy of the report of known or suspected child abuse or neglect shall be transmitted immediately by the county department to the district attorney's office and to the local law enforcement agency. (b) When the county department reasonably believes a criminal act of abuse or neglect of a child in foster care has occurred, the county department shall transmit immediately a copy of the written report prepared by the county department in accordance with subsection (1) of this section to the district attorney's office and to the local law enforcement agency. (4) A written report from persons or officials required by this part 3 to report known or suspected child abuse or neglect shall be admissible as evidence in any proceeding relating to child abuse, subject to the limitations of section 19-1-307. Source: L. 87: Entire title R&RE, p. 766, § 1, effective October 1. L. 90: (4) amended, p. 1012, § 6, effective July 1. L. 93: (2.5) added, p. 1609, § 2, effective June 6. L. 94: (2.5) amended, p. 2737, § 364, effective July 1. L. 98: (4) amended, p. 822, § 27, effective August 5. Colorado Revised Statutes 2019 Page 279 of 445 Uncertified Printout L. 2001: (3) amended, p. 758, § 9, effective June 1. L. 2003: (1) amended, p. 1406, § 10, effective January 1, 2004. L. 2010: (2.5) amended, (HB 10-1422), ch. 419, p. 2075, § 36, effective August 11. L. 2013: (1) amended, (HB 13-1271), ch. 219, p. 1022, § 3, effective May 14. L. 2016: (2.5) amended, (SB 16-146), ch. 230, p. 919, § 14, effective July 1. L. 2017: IP(2) amended and (2)(i) added, (SB 17-028), ch. 332, p. 1784, § 4, effective August 9. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-108 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2003 act amending subsection (1), see section 1 of chapter 196, Session Laws of Colorado 2003. 19-3-308. Action upon report of intrafamilial, institutional, or third-party abuse investigations - child protection team - rules - report. (1) (a) The county department shall respond immediately upon receipt of any report of a known or suspected incident of intrafamilial abuse or neglect to assess the abuse involved and the appropriate response to the report. The assessment shall be in accordance with rules adopted by the state board of social services to determine the risk of harm to such child and the appropriate response to such risks. Appropriate responses shall include, but are not limited to, screening reports that do not require further investigation, providing appropriate intervention services, pursuing reports that require further investigation, and conducting immediate investigations. The immediate concern of any assessment or investigation shall be the protection of the child, and, where possible, the preservation of the family unit. (b) Repealed. (c) It shall be an appropriate response to a report of a known or suspected incident of intrafamilial abuse or neglect for a county department to require a parent or a child placement agency assisting a parent to verify that a petition for relinquishment has been filed or is imminent and to deem that a report does not require additional investigation pending finalization of the relinquishment in the following circumstance: (I) When the report of a known or suspected incident of intrafamilial abuse or neglect involves a case in which the child tests positive at birth for either a schedule I or a schedule II controlled substance; and (II) The parents of the child have filed or a child placement agency assisting the parents has filed a petition for relinquishment or anticipates filing a petition for relinquishment pursuant to the expedited relinquishment process described in section 19-5-103.5. (1.5) (a) Upon referral to the county department, the county department shall assess the possibility of abuse or neglect. (b) If, during the investigation and assessment process, the county department determines that the family's issues may be attributable to the child's mental health status, rather than dependency or neglect issues, and that mental health treatment services pursuant to section 27-67-104 may be more appropriate, the county department shall contact the mental health agency, as that term is defined in section 27-67-103 (10). Within ten days after the commencement of the investigation, the county department shall meet with a representative from the mental health agency and the family. The county department, in conjunction with the mental Colorado Revised Statutes 2019 Page 280 of 445 Uncertified Printout health agency, shall jointly determine whether mental health services should be provided pursuant to section 27-67-104 or whether the provision of services through the county department is more appropriate. (c) On and after April 15, 2010, if a county department of human or social services that is participating in the differential response program pursuant to section 19-3-308.3 determines from an assessment performed pursuant to paragraph (a) of this subsection (1.5) that the known or suspected incident of intrafamilial abuse or neglect that was the basis for the assessment is of low or moderate risk, the county department, in lieu of performing an investigation pursuant to this section, may proceed in accordance with the provisions of section 19-3-308.3. (2) The investigation, to the extent that it is reasonably possible, shall include: (a) The credibility of the source or the report; (b) The nature, extent, and cause of the abuse or neglect; (c) The identity of the person responsible for such abuse or neglect; (d) The names and conditions of any other children living in the same place; (e) The environment and the relationship of any children therein to the person responsible for the suspected abuse or neglect; (f) All other data deemed pertinent. (3) (a) The investigation shall include an interview with or observance of the child who is the subject of a report of abuse or neglect. The investigation may include a visit to the child's place of residence or place of custody or wherever the child may be located, as indicated by the report. In addition, in connection with any investigation, the alleged perpetrator shall be advised as to the allegation of abuse and neglect and the circumstances surrounding such allegation and shall be afforded an opportunity to respond. (b) If admission to the child's place of residence cannot be obtained, the juvenile court or the district court with juvenile jurisdiction, upon good cause shown, shall order the responsible person or persons to allow the interview, examination, and investigation. Should the responsible person or persons refuse to allow the interview, examination, and investigation, the juvenile court or the district court with juvenile jurisdiction shall hold an immediate proceeding to show cause why the responsible person or persons shall not be held in contempt of court and committed to jail until such time as the child is produced for the interview, examination, and investigation or until information is produced that establishes that said person or persons cannot aid in providing information about the child. Such person or persons may be held without bond. During the course of any such hearing, the responsible person or persons, or any necessary witness, may be granted use immunity by the district attorney against the use of any statements made during such hearing in a subsequent or pending criminal action. (4) (a) The county department, except as provided in subsections (5) and (5.3) of this section, shall be the agency responsible for the coordination of all investigations of all reports of known or suspected incidents of intrafamilial abuse or neglect. The county department shall arrange for such investigations to be conducted by persons trained to conduct either the complete investigation or such parts thereof as may be assigned. The county department shall conduct the investigation in conjunction with the local law enforcement agency, to the extent a joint investigation is possible and deemed appropriate, and any other appropriate agency. The county department may arrange for the initial investigation to be conducted by another agency with personnel having appropriate training and skill. The county department shall provide for persons to be continuously available to respond to such reports. Contiguous counties may cooperate to Colorado Revised Statutes 2019 Page 281 of 445 Uncertified Printout fulfill the requirements of this subsection (4). The county department or other agency authorized to conduct the investigation pursuant to this subsection (4), for the purpose of such investigation, shall have access to the records and reports of child abuse or neglect maintained by the state department for information under the name of the child or the suspected perpetrator. (b) Upon the receipt of a report, if the county department reasonably believes that an incident of intrafamilial abuse or neglect has occurred, it shall immediately offer social services to the child who is the subject of the report and his family and may file a petition in the juvenile court or the district court with juvenile jurisdiction on behalf of such child. If, before the investigation is completed, the opinion of the investigators is that assistance of the local law enforcement agency is necessary for the protection of the child or other children under the same care, the local law enforcement agency shall be notified. If immediate removal is necessary to protect the child or other children under the same care from further abuse, the child or children may be placed in protective custody in accordance with sections 19-3-401 (1)(a) and 19-3-405. (c) Upon the receipt of a report, if the county department assessment concludes that a child has been a victim of intrafamilial, institutional, or third-party abuse or neglect in which he or she has been subjected to human trafficking of a minor for sexual servitude, as described in section 18-3-504, or commercial sexual exploitation of a child, it shall, when necessary and appropriate, immediately offer social services to the child who is the subject of the report and to his or her family, and it may file a petition in the juvenile court or the district court with juvenile jurisdiction on behalf of such child. If, at any time after the commencement of an investigation, the county department has reasonable cause to suspect that the child or any other child under the same care is a victim of human trafficking, the county department shall notify the local law enforcement agency as soon as it is reasonably practicable to do so. If immediate removal is necessary to protect the child or other children under the same care from further abuse, the child or children may be placed in protective custody in accordance with sections 19-3-401 (1)(a) and 19-3-405. In instances of third-party abuse or neglect as it relates to human trafficking, a county department of human or social services may, but is not required to, interview the person alleged to be responsible for the abuse or neglect or prepare an investigative report pursuant to subsection (5.3)(a) of this section. If a county department elects to interview the third-party individual, it shall first confer with its local law enforcement agency. (4.5) (a) The state department shall adopt rules setting forth procedures for the investigation of reports of institutional abuse. Such rules may provide for investigations to be conducted by an agency that contracts with the state and has staff trained to conduct investigations, the county departments, or any other entity the state department deems appropriate. The procedures may include the use of a review team responsible to make recommendations to the state department concerning the procedures for investigating institutional abuse. (a.5) (I) The state department shall adopt rules that specify that, prior to notice of an investigation being sent to the parents or legal guardians of children cared for at a child care center, as that term is defined in section 26-6-102 (5), C.R.S., or a family child care home, as that term is defined in section 26-6-102 (13), C.R.S., which children were not involved in the incident being investigated, the state department or the county department shall ensure that: (A) The incident of alleged child abuse or neglect that prompted the investigation is at the level of a medium, severe, or fatal incident of abuse or neglect, as defined by rule of the state board, or involves sexual abuse; Colorado Revised Statutes 2019 Page 282 of 445 Uncertified Printout (B) The state department or county department has made a determination as to whether notice to the parents or legal guardians of the uninvolved children is essential to the investigation of the specific allegation or is necessary for the safety of children cared for at the facility; and (C) The state department or county department has stated in writing the basis for the determination and a state department or county department supervisor has provided written approval of the determination, which basis and approval may be in electronic form. (II) The rules adopted pursuant to subparagraph (I) of this paragraph (a.5) shall require the notice of investigation to be sent to the parents or legal guardians within seventy-two hours after the determination described in sub-subparagraph (B) of subparagraph (I) of this paragraph (a.5) is made. (b) If, as a result of an investigation conducted pursuant to rules adopted in accordance with this subsection (4.5), institutional abuse is found to have occurred, the entity that conducted such investigation may: (I) If the institutional abuse is the result of a single act or occurrence at the facility, request that the owner, operator, or administrator of the facility formulate a plan of remedial action. Such request shall be made within a period established by the state department. Within thirty days of the agency's request, the owner, operator, or administrator of the facility shall notify the agency, in writing, of a plan for remedial action. Within ninety days of the request, the owner, operator, or administrator shall complete the plan for remedial action. (II) If the institutional abuse is one of several similar incidents that have occurred at the facility, request that the owner, operator, or administrator of the facility make administrative, personnel, or structural changes at the facility. Such request shall be made within a period established by the state department. Within thirty days of such request, the owner, operator, or administrator of the facility shall notify the agency of the progress in complying with the request. The agency and the owner, operator, or administrator shall establish the period in which the requested changes shall be completed. (III) If an owner, operator, or administrator of a facility does not formulate or implement a plan for remedial action in accordance with subparagraph (I) of this paragraph (b) or make requested changes in accordance with subparagraph (II) of this paragraph (b), recommend to the entity that licenses, oversees, certifies, or authorizes the operation of the facility that appropriate sanctions or actions be imposed against the facility. (c) A teacher, employee, volunteer, or staff person of an institution who is alleged to have committed an act of child abuse shall be temporarily suspended from his position at the institution with pay, or reassigned to other duties which would remove the risk of harm to the child victim or other children under such person's custody or control, if there is reasonable cause to believe that the life or health of the victim or other children at the institution is in imminent danger due to continued contact between the alleged perpetrator and a child at the institution. A public employee suspended pursuant to this paragraph (c) shall be accorded and may exercise due process rights, including notice of the proposed suspension and an opportunity to be heard, and any other due process rights provided under the laws of this state governing public employment and under any applicable individual or group contractual agreement. A private employee suspended pursuant to this subsection (4.5) shall be accorded and may exercise due process rights provided for under the laws of this state governing private employment and under any applicable individual or group employee contractual agreement. Colorado Revised Statutes 2019 Page 283 of 445 Uncertified Printout (d) Nothing in this subsection (4.5) shall be construed to abrogate or limit any other enforcement action provided by law. (5) If a local law enforcement agency receives a report of a known or suspected incident of intrafamilial abuse or neglect, it shall forthwith attempt to contact the county department in order to refer the case for investigation. If the local law enforcement agency is unable to contact the county department, it shall forthwith make a complete investigation and may institute appropriate legal proceedings on behalf of the subject child or other children under the same care. As a part of an investigation pursuant to this subsection (5), the local law enforcement agency shall have access to the records and reports of child abuse or neglect maintained by the state department for information under the name of the child or the suspected perpetrator. The local law enforcement agency, upon the receipt of a report and upon completion of any investigation it may undertake, shall forthwith forward a summary of the investigatory data plus all relevant documents to the county department. (5.3) (a) Local law enforcement agencies have the responsibility for the coordination and investigation of all reports of third-party abuse or neglect by persons ten years of age or older. Upon receipt of a report, if the local law enforcement agency reasonably believes that the protection and safety of a child is at risk due to an act or omission on the part of persons responsible for the child's care, such agency shall notify the county department of human or social services for an assessment regarding neglect or dependency. In addition, the local law enforcement agency shall refer to the county department of human or social services any report of third-party abuse or neglect in which the person allegedly responsible for such abuse or neglect is under age ten. Upon the completion of an investigation, the local law enforcement agency shall forward a copy of its investigative report to the county department of human or social services. The county department shall review the law enforcement investigative report and shall determine whether the report contains information that constitutes a case of confirmed child abuse and requires it to be submitted to the state department, which report, upon such determination, shall be submitted to the state department in the manner prescribed by the state department within sixty days after the receipt of the report by the county department. (b) If, before an investigation is completed, the local law enforcement agency determines that social services are necessary for the child and, if applicable, the child's family or that assistance from the county department of human or social services is otherwise required, the agency may request said services or assistance from the county department. The county department shall immediately respond to a law enforcement agency's request for services or assistance in a manner deemed appropriate by the county department. (c) When the investigation involves a suspected perpetrator who was acting in his official capacity as an employee of a school district, the local law enforcement agency shall coordinate such investigation with any concurrent abuse investigation being conducted by the department of education or the school district to the extent such coordination is possible and deemed appropriate. (5.5) Upon the receipt of a report, if the county department reasonably believes that an incident of abuse or neglect has occurred, it shall immediately notify the local law enforcement agency responsible for investigation of violations of criminal child abuse laws. The local law enforcement agency may conduct an investigation to determine if a violation of any criminal child abuse law has occurred. It is the general assembly's intent that, in each county of the state, law enforcement agencies and the respective county departments of human or social services Colorado Revised Statutes 2019 Page 284 of 445 Uncertified Printout develop and implement cooperative agreements to coordinate duties of both agencies in connection with the investigation of all child abuse or neglect cases and that the focus of such agreements is to ensure the best protection for the child. The agreements must provide for special requests by one agency for assistance from the other agency and for joint investigations by both agencies. (5.7) Upon initial investigation of a report alleging abuse or neglect in which the suspected perpetrator was acting in his official capacity as an employee of a school district, if the county department or the local law enforcement agency reasonably believes that an incident of abuse or neglect has occurred, it shall immediately notify the superintendent of the school district who shall consider such report to be confidential information; except that the superintendent shall notify the department of education of such investigation. (6) (a) It is the intent of the general assembly to encourage the creation of one or more child protection teams in each county or contiguous group of counties. The creation of a child protection team in any given county is left to the discretion of the county director or the directors of a contiguous group of counties. If a county director or the directors of a contiguous group of counties decides to form a child protection team, the child protection team may be consolidated with other local advisory boards pursuant to section 24-1.7-103. If a child protection team is formed pursuant to this section in a county or contiguous group of counties, the director or directors of the county department or departments of human or social services may, at their discretion, implement the provisions of this section. (b) If a child protection team is established pursuant to subsection (6)(a) of this section, it may review an assessment or the investigatory reports of a case, including the diagnostic, prognostic, and treatment services being offered to the family in connection with the reported abuse. (c) At each meeting, each member of a child protection team established pursuant to subsection (6)(a) of this section may be provided with the investigatory reports on each assessment or case being considered. (d) and (e) (Deleted by amendment, L. 91, p. 223, § 4, effective May 24, 1991.) (f) Immediately after any executive session at which a child abuse or neglect case is discussed, a child protection team established pursuant to subsection (6)(a) of this section shall publicly review the responses of public and private agencies to each reported incident of child abuse or neglect, publicly state whether the responses were timely, adequate, and in compliance with the provisions of this part 3, and publicly report nonidentifying information relating to any inadequate responses, specifically indicating the public and private agencies involved. (g) After this mandatory public discussion of agency responses, a child protection team established pursuant to subsection (6)(a) of this section shall go into executive session upon the vote of a majority of the child protection team members to consider identifying details of the case being discussed; discuss confidential reports, including but not limited to the reports of physicians, including psychiatrists; or, when the members of the child protection team desire, act as an advisory body concerning the details of treatment or evaluation programs. The child protection team shall state publicly, before going into executive session, its reasons for doing so. Any recommendation based on information presented in the executive session shall be discussed and formulated at the immediately succeeding public session of the child protection team, without publicly revealing identifying details of the case. Colorado Revised Statutes 2019 Page 285 of 445 Uncertified Printout (h) At the next regularly scheduled meeting of a child protection team established pursuant to subsection (6)(a) of this section, or at the earliest possible time, the child protection team shall publicly report whether there were any lapses and inadequacies in the child protection system and if they have been corrected. (i) A child protection team established pursuant to subsection (6)(a) of this section may make a report of its recommendations to the county department with suggestions for further action or stating that the child protection team has no recommendations or suggestions. Contiguous counties may cooperate in meeting the requirements of this subsection (6). (7) If a county or group of contiguous counties decides to establish a child protection team pursuant to subsection (6)(a) of this section, each member of the child protection team is appointed by the agency he or she represents, and each child protection team member serves at the pleasure of his or her appointing agency; except that the county director may appoint the representatives of the lay community, including the representatives of any ethnic, racial, or linguistic minority, as well as persons with disabilities, and may actively recruit all interested individuals and consider their applications for appointment as lay-community representatives on the team. (8) The county director or his or her designee is the local coordinator of the child protection team, if one is established pursuant to subsection (6)(a) of this section. (9) Repealed. (10) In the event that the local department initiates a petition in the juvenile court or the district court with juvenile jurisdiction on behalf of the child who is the subject of a report, the department shall notify, in writing, the guardian ad litem appointed by the court under section 19-3-312 to represent the child's interest. Such notice shall include: (a) The reason for initiating the petition; (b) Suggestions as to the optimum disposition of this particular case; and (c) Suggested therapeutic treatment and social services available within the community for the subject child and the responsible person. (11) Upon a finding that a report contains information that constitutes a case of confirmed child abuse or neglect that requires it to be submitted to the state department, the person who is found to be responsible for the abuse or neglect of a child in the confirmed report shall be given timely notice of this finding and of the right to appeal pursuant to rules established by the state board pursuant to section 19-3-313.5 (3). (12) The state department shall include a summary and description of work of child protection teams that were implemented pursuant to this section in its annual presentation to the legislative committees during the committees' hearings held prior to the 2017 regular session under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. (13) Upon the receipt of a report of intrafamilial abuse or neglect or human trafficking, or a report that a family may be eligible for foster care prevention services, as defined in section 26-5.4-102 (1), the county department may provide foster care prevention services for a child and the parents or kin caregivers of the child when the needs of the child are directly related to the safety, permanent placement, or well-being of the child or to prevent the child from entering the foster care system. Colorado Revised Statutes 2019 Page 286 of 445 Uncertified Printout Source: L. 87: Entire title R&RE, p. 767, § 1, effective October 1. L. 88: (5.5) added, p. 744, § 13, effective July 1. L. 90: (4)(a) amended and (5.7) added, p. 1023, § 2, effective July 1. L. 91: (1), (3)(a), (4), (5), (5.5), (6), (9), and (10) amended and (4.5) and (5.3) added, p. 223, § 4, effective May 24; (4)(b) amended, p. 1912, § 22, effective June 1. L. 93: (1)(b) amended, p. 1169, § 1, effective June 3; (1)(a) amended, p. 1169, § 1, effective January 1, 1994. L. 96: (4)(a) amended, p. 84, § 9, effective March 20. L. 97: (2) amended, p. 1438, § 12, effective July 1; (6)(a) amended, p. 1191, § 15, effective July 1. L. 99: (1.5) added, p. 1076, § 2, effective May 29. L. 2001: (5.3)(a) amended, p. 854, § 2, effective July 1. L. 2003: (4)(a), (5), and (5.3)(a) amended and (11) added, p. 1406, § 11, effective January 1, 2004. L. 2004: (4.5)(a.5) added, p. 1758, § 1, effective June 4; (1)(b) repealed, p. 194, § 9, effective August 4. L. 2005: (1)(c) added, p. 588, § 3, effective July 1. L. 2010: (1.5)(c) added, (HB 10-1226), ch. 129, p. 425, § 2, effective April 15; (1.5)(b) amended, (SB 10-175), ch. 188, p. 791, § 42, effective April 29. L. 2015: (1.5)(c) amended, (HB 15-1358), ch. 193, p. 641, § 2, effective May 14. L. 2016: IP(4.5)(a.5)(I) amended, (SB 16-189), ch. 210, p. 760, § 31, effective June 6; (4)(c) added, (HB 16-1224), ch. 101, p. 290, § 2, effective January 1, 2017. L. 2017: (6), (7), and (8) amended, (9) repealed, and (12) added, (SB 17-016), ch. 107, p. 389, § 2, effective August 9. L. 2018: (1.5)(b) amended, (HB 18-1094), ch. 343, p. 2044, § 9, effective June 30; (4)(c), (5.3)(a), (5.3)(b), and (5.5) amended, (SB 18-092), ch. 38, p. 418, § 53, effective August 8. L. 2019: (13) added, (HB 19-1308), ch. 256, p. 2460, § 6, effective August 2. Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10109 as said section existed in 1986, the year prior to the repeal and reenactment of this title. (2) Amendments to subsection (4) in House Bill 91-1002 and Senate Bill 91-243 were harmonized. Cross references: For the legislative declaration contained in the 2003 act amending subsections (4)(a), (5), and (5.3)(a) and enacting subsection (11) see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in the 2010 act adding subsection (1.5)(c), see section 1 of chapter 129, Session Laws of Colorado 2010. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 19-3-308.3. Differential response program for child abuse or neglect cases of low or moderate risk - rules - evaluation. (1) (a) There is created the differential response program, referred to in this section as the "program". The program will allow county departments of human or social services that choose to participate to address known or suspected incidents of intrafamilial abuse or neglect that have been assessed as low or moderate risk, pursuant to rule of the state board. The executive director of the state department shall approve any county department of human or social services that chooses to participate in the program, referred to in this section as a "participating county department". (b) The state department is authorized to solicit, accept, and expend gifts, grants, and donations for the implementation and administration of the program. (2) Participation in the program by families who are referred to the program is voluntary. Colorado Revised Statutes 2019 Page 287 of 445 Uncertified Printout (3) For each family referred to the program, neither the state department nor a county department of human or social services is required to make a finding concerning the alleged intrafamilial abuse or neglect in the family. (4) The state department and the participating county departments shall administer the program in accordance with rules promulgated by the state board pursuant to subsection (6) of this section. (5) To the extent permitted by law and by any rules promulgated by the state board pursuant to subsection (6) of this section, the participating county departments, in administering the program, shall cooperate with local community service organizations in addressing known or suspected incidents of intrafamilial abuse or neglect. (6) The state board shall promulgate rules to define and implement differential response and for the administration of the program. (7) to (9) (Deleted by amendment, L. 2015.) Source: L. 2010: Entire section added, (HB 10-1226), ch. 129, p. 425, § 3, effective April 15. L. 2012: (1)(a), (6), and (7) amended, (SB 12-011), ch. 55, p. 202, § 1, effective March 24. L. 2015: Entire section amended, (HB 15-1358), ch. 193, p. 640, § 1, effective May 14. Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 129, Session Laws of Colorado 2010. 19-3-308.5. Recorded interviews of child. (1) Any interview of a child conducted pursuant to section 19-3-308, concerning a report of child abuse, may be audiotaped or videotaped. However, interviews concerning reports of sexual child abuse are strongly encouraged to be videotaped. Any audiotaped or videotaped interview shall be conducted by a competent interviewer at a child advocacy center, as that term is defined in section 19-1-103 (19.5), that has a memorandum of understanding with the agency responsible for the investigation or by a competent interviewer for the agency responsible for the investigation in accordance with such section; except that an interview shall not be videotaped when doing so is impracticable under the circumstances or will result in trauma to the child, as determined by the investigating agency. No more than one videotaped interview shall be required unless the interviewer or the investigating agency determines that additional interviews are necessary to complete an investigation. Additional interviews shall be conducted, to the extent possible, by the same interviewer. Such recordings shall be preserved as evidence in the manner and for a period provided by law for maintaining such evidence. In addition, access to such recordings shall be subject to the rules of discovery under the Colorado rules of criminal and civil procedure. (2) The provisions of this section shall not apply to a videotaped deposition taken in accordance with and governed by section 18-3-413, C.R.S., or section 13-25-132, C.R.S., and rule 15 (d) of the Colorado rules of criminal procedure. In addition, this section shall not apply to interviews of the child conducted after a dependency and neglect action or a criminal action has been filed with the court. (3) Any agency subject to the provisions of this section shall provide equipment necessary to videotape or audiotape the interviews or shall enter into a memorandum of understanding with a child advocacy center authorizing the use of such equipment. The Colorado Revised Statutes 2019 Page 288 of 445 Uncertified Printout investigating agency shall train persons responsible for conducting videotaped interviews in accordance with this section; except that the agency shall not be responsible for training interviewers employed by a child advocacy center. The agency shall adopt standards for persons conducting such interviews. (4) An agency that enters into a memorandum of understanding with a child advocacy center that employs interviewers shall assure that such interviewers meet the training standards for persons conducting interviews adopted by the agency pursuant to subsection (3) of this section. In addition, an agency that enters into a memorandum of understanding with a child advocacy center that provides technical assistance for forensic interviews, forensic medical examinations, or evidence collection or preservation may require that the child advocacy center meets the national performance standards for children's advocacy centers as established by the national accrediting body. These standards include, but are not limited to, standards for forensic interviews to be conducted in a manner which is of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing. Source: L. 91: Entire section added, p. 229, § 5, effective May 24. L. 93: Entire section amended, p. 1169, § 2, effective January 1, 1994. L. 2004: (1)(a) and (1)(e) amended and (1)(f) added, p. 806, § 1, effective May 21; (1)(e)(II) repealed, p. 194, § 10, effective August 4. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 760, § 32, effective June 6. Editor's note: Amendments to subsection (1)(e) by House Bill 04-1061 and Senate Bill 04-067 were harmonized. 19-3-309. Immunity from liability - persons reporting. Any person, other than the perpetrator, complicitor, coconspirator, or accessory, participating in good faith in the making of a report, in the facilitation of the investigation of such a report, or in a judicial proceeding held pursuant to this title, the taking of photographs or X rays, or the placing in temporary protective custody of a child pursuant to section 19-3-405 or otherwise performing his duties or acting pursuant to this part 3 shall be immune from any liability, civil or criminal, or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person's behavior was willful, wanton, and malicious. For the purpose of any proceedings, civil or criminal, the good faith of any such person reporting child abuse, any such person taking photographs or X rays, and any such person who has legal authority to place a child in protective custody shall be presumed. Source: L. 87: Entire title R&RE, p. 770, § 1, effective October 1. L. 89: Entire section amended, p. 916, § 7, effective July 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-110 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-309.5. Preconfirmation safety plan agreement - first-time minor incidents of child abuse or neglect - rules. (1) The county department and any person who is believed to be responsible for the abuse or neglect of a child as a result of an investigation of a report of child Colorado Revised Statutes 2019 Page 289 of 445 Uncertified Printout abuse or neglect pursuant to section 19-3-308 may agree to defer the filing of a confirmed report of child abuse or neglect with the state department as required by section 19-3-307 and enter into a safety plan agreement when the following circumstances exist: (a) The person who is believed to be responsible for the child abuse or neglect has had no previous allegation of child abuse or neglect investigated; (b) The child abuse or neglect that the person is believed to be responsible for is at the level of a minor incident of abuse or neglect, as defined by rule of the state board; (c) The person who is believed to be responsible for the minor incident of child abuse or neglect and the county department decide on a mutually agreeable method for resolving the issues related to the report; and (d) The requirements set forth in the safety plan agreement for resolving the issues related to the report can be completed within sixty days after the report of child abuse or neglect is made to the county department or the local law enforcement agency. (2) (a) If a person who is believed to be responsible for the child abuse or neglect completes the mutually agreed upon safety plan agreement entered into pursuant to subsection (1) of this section, then the county department shall release him or her from the terms of the agreement and shall not file a confirmed report of child abuse or neglect related to the incident with the state department. (b) If a person who is believed to be responsible for the child abuse or neglect does not complete the mutually agreed upon safety plan agreement entered into pursuant to subsection (1) of this section, as determined by the county department, then the county department shall file a confirmed report of child abuse or neglect with the state department. (c) Nothing in this section shall be construed to eliminate a county department's obligation to report to the state department that there was an investigation of a report of abuse or neglect of a child and to further report the county department's assessment of risk, the county department's decision regarding a referral of the matter to child welfare services, and any county department decision to defer the filing of a confirmed report of child abuse or neglect pursuant to this section. (3) Participation in a safety plan agreement by any county department and by any person who is believed to be responsible for child abuse or neglect shall be at the discretion of the person believed to be responsible for the child abuse or neglect. Nothing in this section shall be construed to confer a right upon a person who is believed to be responsible for the abuse or neglect of a child to enter into a safety plan agreement or to require a county department to enter into a safety plan agreement with a person who is believed to be responsible for the abuse or neglect of a child. (4) Nothing in this section shall be construed to obligate a county department to expend moneys to provide services to persons for the purpose of entering into a safety plan agreement pursuant to this section. (5) For purposes of this section, "safety plan agreement" means an agreement between the county department and the person who is believed to be responsible for the abuse or neglect of a child, developed pursuant to this section after a safety assessment is completed by the county department that identifies conditions that will endanger the child, in order to fully address all obvious safety concerns identified in the safety assessment. (6) The state board shall promulgate rules to implement this section. Colorado Revised Statutes 2019 Page 290 of 445 Uncertified Printout (7) An agreement to enter into a safety plan agreement pursuant to this section shall not negate a person's right to appeal a later finding of child abuse or neglect. Source: L. 2004: Entire section added, p. 580, § 1, effective July 1. 19-3-310. Child abuse and child neglect diversion program. (1) The district attorney, upon recommendation of the county department or any person, may withhold filing a case against any person accused or suspected of child abuse or neglect and refer that person to a nonjudicial source of treatment or assistance, upon conditions set forth by the county department and the district attorney. If a person is so diverted from the criminal justice system, the district attorney shall not file charges in connection with the case if the person participates to the satisfaction of the county department and the district attorney in the diversion program offered. (2) The initial diversion shall be for a period not to exceed two years. This diversion period may be extended for one additional one-year period by the district attorney if necessary. Decisions regarding extending diversion time periods shall be made following review of the person diverted by the district attorney and the county department. (3) If the person diverted successfully completes the diversion program to the satisfaction of the county department and the district attorney, he shall be released from the terms and conditions of the program, and no criminal filing for the case shall be made against him. (4) Participation by a person accused or suspected of child abuse in any diversion program shall be voluntary. Source: L. 87: Entire title R&RE, p. 771, § 1, effective October 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-111 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-310.5. Mediation - pilot program. (Repealed) Source: L. 94: Entire section added, p. 1742, § 1, effective July 1. L. 95: (5) amended, p. 516, § 10, effective July 1. L. 98: (10) repealed, p. 732, § 23, effective May 18. Editor's note: Subsection (11) provided for the repeal of this section, effective July 1, 1999. (See L. 94, p. 1742.) 19-3-311. Evidence not privileged. (1) The incident of privileged communication between patient and physician, between patient and registered professional nurse, or between any person licensed pursuant to article 245 of title 12, or certified or licensed school psychologist and client, which is the basis for a report pursuant to section 19-3-304, shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to this part 3. In addition, privileged communication shall not apply to any discussion of any future misconduct or of any other past misconduct that could be the basis for any other report under section 19-3304. Colorado Revised Statutes 2019 Page 291 of 445 Uncertified Printout (2) The privileged communication between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to this part 3. Source: L. 87: Entire title R&RE, p. 771, § 1, effective October 1. L. 89: Entire section amended, p. 699, § 6, effective June 7. L. 90: Entire section amended, p. 1024, § 3, effective July 1. L. 2008: (1) amended, p. 1893, § 65, effective August 5. L. 2019: (1) amended, (HB 191172), ch. 136, p. 1682, § 113, effective October 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-10112 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 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: L. 87: Entire title R&RE, p. 771, § 1, effective October 1. L. 97: (4) and (5) added, p. 1439, § 13, effective July 1. L. 2014: (3) repealed, (SB 14-203), ch. 281, p. 1142, § 3, effective August 6. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-313. Central registry. (Repealed) Colorado Revised Statutes 2019 Page 292 of 445 Uncertified Printout Source: L. 87: Entire title R&RE, p. 771, § 1, effective October 1. L. 91: (3) to (7) amended and (14) added, p. 230, § 6, effective May 24. L. 96: (14) amended, p. 1586, § 12, effective July 1; (4), (5), and (7) amended and (5.5) added, p. 1287, § 2, effective January 1, 1997; (6)(b), (7)(b)(III), and (14) amended, p. 1173, § 9, effective January 1, 1997. L. 99: (5.5)(a) and (5.5)(b)(I) amended and (5.5)(b)(III) added, p. 1026, § 11, effective May 29; (5.5)(a) and (5.5)(b)(I) amended and (5.5)(b)(III) added, p. 1207, § 11, effective June 2. L. 2000: (1), (2)(e), (5), (5.5)(c), (7)(c)(I)(A), (7)(c)(I)(B), and (7)(c)(II) amended and (2)(f) and (7)(d) added, pp. 1720, 1721, §§ 1, 2, 3, effective June 1. L. 2001: (7)(b)(I), (7)(c), and (7)(d) amended and (7)(e) added, p. 854, § 3, effective July 1. L. 2002: (10) amended, p. 1527, § 232, effective October 1. L. 2003: (8) amended, p. 1622, § 37, effective August 6; entire section repealed, p. 1398, § 2, effective January 1, 2004. Cross references: For the legislative declaration contained in the 2003 act repealing this section, see section 1 of chapter 196, Session Laws of Colorado 2003. 19-3-313.5. State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality. (1) Legislative declaration. As a result of the report of the state auditor evaluating the performance of the state central registry of child protection released in November of 2001 and the subsequent repeal of the state central registry of child protection, the general assembly hereby finds and declares that it is in the best interests of the children and the citizens of the state of Colorado for the state department to modify the processing of records and reports of child abuse or neglect. These modifications are intended to ensure that the state department is able to provide reliable, accurate, and timely information concerning records and reports of child abuse or neglect. In addition, these modifications are intended to ensure compliance with federal law regarding the prompt expungement of any records or reports that are used for purposes of employment checks or other background checks in cases determined to be unsubstantiated or false, while allowing the state department to maintain such records and reports in case files for the purpose of assisting in determinations of future risk and safety assessments. Finally, these modifications are intended to ensure that the state department's procedural systems related to records and reports of child abuse or neglect provide adequate protection to the children and the citizens of the state of Colorado. (2) Training of county departments. On or before January 1, 2004, the state department shall modify the training provided to county departments to achieve consistency and standardization in the performance of the following duties: (a) Investigating reports of child abuse or neglect; (b) Reporting confirmed incidents of child abuse or neglect to the state department; (c) Preparing documents related to records and reports of child abuse or neglect; (d) Entering data into computer systems maintaining information related to records and reports of child abuse or neglect; and (e) Maintaining confidentiality in accordance with federal and state law. (3) Notice and appeals process - rules. On or before January 1, 2004, the state board, in consideration of input and recommendations from the county departments, shall promulgate rules to establish a process at the state level by which a person who is found to be responsible in a confirmed report of child abuse or neglect filed with the state department pursuant to section Colorado Revised Statutes 2019 Page 293 of 445 Uncertified Printout 19-3-307 may appeal the finding of a confirmed report of child abuse or neglect to the state department. At a minimum, the rules established pursuant to this subsection (3) must address the following matters, consistent with federal law: (a) The provision of adequate and timely written notice by the county departments of human or social services or, for an investigation pursuant to section 19-3-308 (4.5), by the agency that contracts with the state, using a form created by the state department, to a person found to be responsible in a confirmed report of child abuse or neglect of the person's right to appeal the finding of a confirmed report of child abuse or neglect to the state department; (b) The timeline and method for appealing the finding of a confirmed report of child abuse or neglect; (c) Designation of the entity, which entity must be one other than a county department of human or social services, with the authority to accept and respond to an appeal by a person found to be responsible in a confirmed report of child abuse or neglect at each stage of the appellate process; (d) The legal standards involved in the appellate process and a designation of the party who bears the burden of establishing that each standard is met; (e) The confidentiality requirements of the appeals process; and (f) Provisions requiring, and procedures in place that facilitate, the prompt expungement of and prevent the release of any information contained in any records and reports that are accessible to the general public or are used for purposes of employment or background checks in cases determined to be unsubstantiated or false; except that the state department and the county departments of human or social services may maintain information concerning unsubstantiated reports in casework files to assist in future risk and safety assessments. (4) Confidentiality - rules. On or before January 1, 2004, the state board shall promulgate rules to establish guidelines for the release of information contained in records and reports of child abuse or neglect for screening purposes to assure compliance with sections 19-1303 and 19-1-307 and any other state or federal law relating to confidentiality of records and reports of child abuse or neglect. Rules promulgated by the state board shall address the following: (a) How a request for information is to be processed; (b) Who may be granted access to information; (c) What information in the records and reports is to be made available to the person or entity granted access; (d) The purposes for which information contained in the records and reports may be made available to the person or entity granted access; and (e) The consequences of improper release of information related to records and reports of child abuse or neglect. Source: L. 2003: Entire section added, p. 1398, § 3, effective January 1, 2004. L. 2018: IP(3), (3)(a), (3)(c), and (3)(f) amended, (SB 18-092), ch. 38, p. 419, § 54, effective August 8. Cross references: For the legislative declaration contained in the 2003 act enacting this section, see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 294 of 445 Uncertified Printout 19-3-314. Confidentiality of records. (Repealed) Source: L. 87: Entire title R&RE, p. 773, § 1, effective October 1. L. 90: (2)(j) and (2)(k)(I) amended, p. 1392, § 8, effective May 4; entire section repealed, p. 1012, § 8, effective July 1. Editor's note: Subsections (2)(j) and (2)(k)(I) were amended in House Bill 90-1075. Those amendments were superseded by the repeal of the entire section in Senate Bill 90-61. Identical provisions were located in section 19-1-120 (2)(j) and (2)(k) until it was repealed in 1994. These provisions are now located in section 19-1-307 (2)(j) and (2)(k). 19-3-315. Federal funds. The department of human services is authorized to accept federal funds such as child abuse and neglect state grants which are available for the implementation of programs which would further the purposes of this part 3. Source: L. 87: Entire title R&RE, p. 775, § 1, effective October 1. L. 94: Entire section amended, p. 2683, § 200, effective July 1. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-117 as said section existed in 1986, the year prior to the repeal and reenactment of this title. 19-3-316. Protection orders and emergency protection orders. (Repealed) Source: L. 88: Entire section added, p. 744, § 14, effective July 1. L. 94: (1)(a), (2)(b), (2)(f), and (3) amended and (5) added, p. 2015, § 10, effective January 1, 1995. L. 2002: (1)(d) amended, p. 1144, § 2, effective July 1. L. 2003: (1)(a) and (5) amended, p. 1015, § 25, effective July 1. L. 2004: Entire section repealed, p. 554, § 5, effective July 1. 19-3-317. Screening tool - human trafficking. On and after January 1, 2017, pursuant to the federal "Preventing Sex Trafficking and Strengthening Families Act", Pub.L. 113-183, the department and each county department, as defined in section 19-1-103 (32)(a), shall implement a uniform screening tool that includes questions that are intended to identify children who are victims of human trafficking of a minor for sexual servitude, as described in section 18-3-504, C.R.S., or commercial sexual exploitation of a child, or who are at risk of being such victims. Source: L. 2016: Entire section added, (HB 16-1224), ch. 101, p. 291, § 3, effective January 1, 2017. 19-3-318. Study of child welfare caseworker resiliency programs - creation membership - report - repeal. (Repealed) Source: L. 2017: Entire section added, (HB 17-1283), ch. 227, p. 881, § 2, effective May 22. Colorado Revised Statutes 2019 Page 295 of 445 Uncertified Printout Editor's note: Subsection (6) provided for repeal of this section, effective September 1, 2018. (See L. 2017, p. 881.) PART 4 TEMPORARY CUSTODY AND SHELTER 19-3-401. Taking children into custody. (1) A child may be taken into temporary custody by a law enforcement officer without order of the court: (a) When the child is abandoned, lost, or seriously endangered in such child's surroundings or seriously endangers others and immediate removal appears to be necessary for such child's protection or the protection of others; (b) When there are reasonable grounds to believe that such child has run away or escaped from such child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has not made a report to a law enforcement agency that the child has run away from home; or (c) When an arrest warrant has been issued for such child's parent or guardian on the basis of an alleged violation of section 18-3-304, C.R.S. No child taken into temporary custody pursuant to this paragraph (c) shall be placed in detention or jail. (1.3) A child shall be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe the child has run away from the child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has made a report to a law enforcement agency that the child has run away from home. (1.5) An emergency exists and a child is seriously endangered as described in paragraph (a) of subsection (1) of this section whenever the safety or well-being of a child is immediately at issue and there is no other reasonable way to protect the child without removing the child from the child's home. If such an emergency exists, a child shall be removed from such child's home and placed in protective custody regardless of whether reasonable efforts to preserve the family have been made. (2) The taking of a child into temporary custody under this section shall not be deemed an arrest, nor shall it constitute a police record. (3) (a) Notwithstanding the provisions of subsections (1) and (1.5) of this section and except as otherwise provided in paragraphs (b) and (c) of this subsection (3), a newborn child, as defined in section 19-1-103 (78.5), who is not in a hospital setting shall not be taken into temporary protective custody for a period of longer than twenty-four hours without an order of the court made pursuant to section 19-3-405 (1), which order includes findings that an emergency situation exists and that the newborn child is seriously endangered as described in paragraph (a) of subsection (1) of this section. (b) A newborn child, as defined in section 19-1-103 (78.5), who is in a hospital setting must not be taken into temporary protective custody without an order of the court made pursuant to section 19-3-405 (1), which order includes findings that an emergency situation exists and that the newborn child is seriously endangered as described in subsection (1)(a) of this section. A newborn child may be detained in a hospital by a law enforcement officer upon the recommendation of a county department of human or social services or by a physician, registered nurse, licensed practical nurse, or physician assistant while an order of the court Colorado Revised Statutes 2019 Page 296 of 445 Uncertified Printout pursuant to section 19-3-405 (1) is being pursued, but the newborn child must be released if a court order pursuant to section 19-3-405 (1) is denied. (c) The court orders required by subsections (3)(a) and (3)(b) of this section are not required in the following circumstances: (I) When a newborn child is identified by a physician, registered nurse, licensed practical nurse, or physician assistant engaged in the admission, care, or treatment of patients as being affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure; (II) When the newborn child's only identifiable birth parent has been determined by a physician, registered nurse, or qualified mental health professional to meet the criteria specified in section 27-65-105 for custody, treatment, and evaluation of a mental health disorder or grave disability; (III) When both of the newborn child's birth parents have been determined by a physician, registered nurse, or qualified mental health professional to meet the criteria specified in section 27-65-105 for custody, treatment, and evaluation of a mental health disorder or grave disability; or (IV) When the newborn child is subject to an environment exposing the newborn child to a laboratory for manufacturing controlled substances as defined in section 18-18-102 (5), C.R.S. (d) At the time a law enforcement officer takes a newborn child into temporary protective custody, the law enforcement officer shall provide the notices required by sections 193-402 and 19-3-212 directly to the newborn child's identifiable birth parent or parents in both verbal and written form. Such notices may be provided to the child's identifiable birth parent or parents in a language that the birth parent or parents understand, and the law enforcement officer may designate another person to assist him or her in providing such written and verbal notices to fulfill this requirement, if necessary. (e) If a newborn child is taken into temporary protective custody pursuant to this subsection (3), the county department may contact the child's identifiable birth parent or parents to obtain the names of any relatives or other persons in the parent's or parents' community who may be appropriate, capable, and willing to care for the newborn child prior to the hearing required by section 19-3-403. In addition, if the identifiable parent or parents are not citizens of the United States, the county department may request the parent's or parents' consent to notify the parent's or parents' government of origin of the situation and, if consent is given, may contact the parent's or parents' government of origin. Source: L. 87: Entire title R&RE, p. 775, § 1, effective October 1. L. 93: Entire section amended, p. 1016, § 5, effective July 1. L. 2004: (3) added, p. 429, § 2, effective July 1. L. 2006: (1)(b) amended and (1.3) added, p. 337, § 1, effective April 5. L. 2010: (3)(c)(II) and (3)(c)(III) amended, (SB 10-175), ch. 188, p. 791, § 43, effective April 29. L. 2016: (3)(b) and (3)(c)(I) amended, (SB 16-158), ch. 204, p. 727, § 16, effective August 10. L. 2017: IP(3)(c), (3)(c)(II), and (3)(c)(III) amended, (SB 17-242), ch. 263, p. 1314, § 161, effective May 25. L. 2018: (3)(b) amended, (SB 18-092), ch. 38, p. 420, § 55, effective August 8. Colorado Revised Statutes 2019 Page 297 of 445 Uncertified Printout Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-2-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration contained in the 2004 act enacting subsection (3), see section 1 of chapter 140, Session Laws of Colorado 2004. For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 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) (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) (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 h