2021 Colorado Code
Title 19 - Children's Code
Article 3 - Dependency and Neglect
Part 5 - Petition, Adjudication, Disposition
§ 19-3-502. Petition Form and Content - Limitations on Claims in Dependency or Neglect Actions

1. The petition and all subsequent court documents in any proceedings brought under this article shall be entitled “The People of the State of Colorado, in the Interest of _______________ , 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.
2. The petition shall set forth plainly the facts which bring the child within the court's jurisdiction. The petition shall also state the name, age, and residence of the child and the names and residences of his parents, guardian, custodian, legal custodian, stepparent, or spousal equivalent or of his nearest known relative if no parent, guardian, custodian, legal custodian, stepparent, or spousal equivalent is known. (2.5) The petition in each case where removal of a child from the home is sought shall either state that reasonable efforts to prevent out-of-home placement were made and shall summarize such efforts or, if no services to prevent out-of-home placement were provided, the petition shall contain an explanation of why such services were not provided or a description of the emergency which precluded the use of services to prevent out-of-home placement of the child. The petition shall be verified. (2.7)
   1. Pursuant to the provisions of section 19-1-126, the petition must:
      1. Include a statement indicating what continuing inquiries the county department of human or social services has made in determining whether the child who is the subject of the proceeding is an Indian child;
      2. Identify whether the child is an Indian child; and
      3. Include the identity of the Indian child's tribe, if the child is identified as an Indian child.

   2. 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 (1)(c).

3. All petitions filed alleging the dependency or neglect of a child shall include the following statements:
   1. “Termination of the parent-child legal relationship is a possible remedy available if this petition alleging that a child is dependent or neglected is sustained. A separate hearing must be held before such termination is ordered. Termination of the parent-child legal relationship means that the child who is the subject of this petition would be eligible for adoption.”
   2. “If the child is placed out of the home for a period of twelve months or longer, the court shall hold a permanency hearing within said twelve months to determine a permanent placement for the child.”
   3. “The review of any decree of placement of a child subsequent to the three-month review required by section 19-1-115 (4)(a) may be conducted as an administrative review by the department of human services, as appropriate. If you are a party to the action, you have a right to object to an administrative review, and if you object, the review shall be conducted by the court.”

4. No counterclaim, cross claim, or other claim for damages may be asserted by a respondent in an action alleging the dependency or neglect of a child, but nothing in this subsection (4) shall be construed to prohibit a respondent from asserting a claim for damages in an action independent of an action alleging the dependency or neglect of a child.
5. Any parent, guardian, or legal custodian alleged to have abused or neglected a child shall be named as a respondent in the petition concerning such child. The county attorney, city attorney of a city and county, or special county attorney may name any other parent, guardian, custodian, legal custodian, stepparent, or spousal equivalent as a respondent in the petition if he determines that it is in the best interests of the child to do so.
6. A person may be named as a special respondent on the grounds that he resides with, has assumed a parenting role toward, has participated in whole or in part in the neglect or abuse of, or maintains a significant relationship with the child. Personal jurisdiction shall be obtained over a special respondent once he is given notice by a service of summons and a copy of the petition or motion describing the reasons for his joinder. A special respondent shall be afforded an opportunity for a hearing to contest his joinder and the appropriateness of any orders that affect him and shall have the right to be represented by counsel at such hearing. At any other stage of the proceedings, a special respondent may be represented by counsel at his own expense.
7. In addition to notice to all parties, the court shall ensure that notice is provided of all hearings and reviews held regarding a child to the following persons with whom a child is placed: Foster parents, pre-adoptive parents, or relatives. Such persons shall have the right to be heard at such hearings and reviews. The persons with whom a child is placed shall provide prior notice to the child of all hearings and reviews held regarding the child. The foster parent, pre-adoptive parent, or relative providing care to a child shall not be made a party to the action for purposes of any hearings or reviews solely on the basis of such notice and right to be heard. Notice of hearings and reviews shall not reveal to the respondent parent or other relative the address, last name, or other such identifying information regarding any person providing care to the child.

History. Source: L. 87: Entire title R&RE, p. 779, § 1, effective October 1. L. 92: (3) amended, p. 224, § 10, effective July 1. L. 93: (3)(b) amended, p. 389, § 2, effective April 19; (2.5) added, p. 2016, § 7, effective July 1. L. 94: (3)(c) amended, p. 2684, § 202, effective July 1. L. 98: (7) added, p. 1418, § 4, effective July 1. L. 99: (3)(b) amended, p. 911, § 5, effective July 1. L. 2002: (2.7) added, p. 786, § 6, effective May 30. L. 2007: (7) amended, p. 1017, § 7, effective May 22. L. 2018: IP(2.7)(a) and (2.7)(a)(I) amended,(SB 18-092), ch. 38, p. 422, § 60, effective August 8.

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 19-3-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

For the legislative declaration contained in the 1999 act amending subsection (3)(b), see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative declaration contained in the 2002 act enacting subsection (2.7), 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.

Law reviews. For article, “Colorado Moves Toward Full Compliance With Federal Indian Child Welfare Act”, see 31 Colo. Law. 77 (Nov. 2002). For article, “Interested Parties in Juvenile Dependency and Neglect Cases”, see 33 Colo. Law. 109 (Aug. 2004).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Admission by a mother with whom children did not reside that child had been assaulted and lacked proper parental care is not sufficient to sustain an adjudication of dependency and neglect against a father who disputed such allegations and demanded a jury trial. People in Interest of A.M., 786 P.2d 476 (Colo. App. 1989).

Stepparent not required to be named a respondent in a dependency or neglect proceeding; the county attorney is vested with discretion in deciding whether it is in the best interests of the child to name a stepparent as a respondent. People ex rel. of E.S., 49 P.3d 1221 (Colo. App. 2002).

The general assembly did not grant relatives who do not have placement of the child, including grandparents, a right of notice to hearings in dependency and neglect cases. People in Interest of C.N., 2018 COA 165 , 431 P.3d 1219.