2021 Colorado Code
Title 19 - Children's Code
Article 3 - Dependency and Neglect
Part 5 - Petition, Adjudication, Disposition
§ 19-3-503. 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 shall also contain a statement, when appropriate, that the termination of the parent-child legal relationship is a possible remedy under the proceedings and shall set forth the constitutional and legal rights of the child, his parents, guardian, or legal custodian, or any other respondent or special respondent, including the right to have an attorney present at the hearing on the petition.
2. No summons shall issue to any respondent who appears voluntarily or who waives service, but any such person shall be provided with a copy of the petition and summons upon appearance or request.
3. The summons shall require the person or persons having the physical custody of the child to appear, and it may order the child to appear before the court at a time and place stated. If the person or persons so summoned are not the parents or guardian of the child, then a summons shall also be issued to the parents or guardian, or both, notifying them of the pendency of the case and of the time and place set for hearing.
4. The court on its own motion or on the motion of any party may join as a respondent or special 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 own behalf or on behalf of the child.
5. If it appears that the welfare of the child or of the public requires that the child be taken into custody, the court may, by endorsement upon the summons, direct that the person serving the summons take the child into custody at once.
6. 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.
7. Summonses shall be served personally, pursuant to the Colorado rules of civil procedure. If personal service is used, it shall be sufficient to confer jurisdiction if service is effected not less than two days before the time fixed in the summons for the appearance of the person served; except that personal service shall be effected not less than five days prior to the time set for a hearing concerning a dependent or neglected child.
8. If the respondent required to be summoned under subsection (3) of this section cannot be found within the state, the fact of the child's presence in the state shall confer jurisdiction on the court as to any absent respondent if due notice has been given in the following manner:
   1. 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 his place of residence with a return receipt requested. Service of summons shall be deemed complete within five days after return of the requested receipt.
   2. When the person to be served has no residence within Colorado and his place of residence is not known or when he cannot be found within the state after due diligence, service may be by publication pursuant to rule 4 (g) of the Colorado rules of civil procedure; except that service may be by a single publication and must be completed not less than five days prior to the time set for a hearing concerning a dependent or neglected child.

History. Source: L. 87: Entire title R&RE, p. 780, § 1, effective October 1. L. 2019: (8)(b) amended,(SB 19-241), ch. 390, p. 3467, § 18, effective August 2.

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 19-3-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Law reviews. For article, “One Year Review of Domestic Relations”, see 38 Dicta 84 (1961). For article, “The Role of Parents' Counsel in Dependency and Neglect Proceedings -- Part I”, see 14 Colo. Law. 568 (1985). For article, “Medical Diagnosis as a Gateway to the Child Welfare System: A Legal Review for Physicians, Lawyers, and Social Workers”, see 65 Den. U. L. Rev. 213 (1988).

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

Substantial compliance with the statutory provisions is essential and must appear of record. People in Interest of S.S.T., 38.Colo. App. 110, 553 P.2d 82 (1976).

For the distinction between notice required by this section and that required by § 19-4-107 , see People in Interest of S.S.T., 38.Colo. App. 110, 553 P.2d 82 (1976).

Voluntary appearance waives personal service. The voluntary appearance of juvenile's mother and her participation in the transfer hearing constitutes a waiver of her right to personal service. People in Interest of G.A.T., 183 Colo. 111 , 515 P.2d 104 (1973).

Parent's constitutional rights of due process were not violated where she was given adequate notice that the juvenile court would determine at the hearing whether her parental rights should be terminated, and was afforded an opportunity to be heard on this issue. Johnson v. People in Interest of W__ J__, 170 Colo. 137 , 459 P.2d 579 (1969).

In a custody proceeding where parents of allegedly dependent and neglected children were timely served with summons, were advised of their rights by court, had adequate time in which to prepare a defense, appeared, proceeded to trial, and were represented by able counsel, the rights of the parents were not impaired and there was substantial compliance with requirements of this section relating to service of summons. Robinson v. People in Interest of Zollinger, 173 Colo. 113 , 476 P.2d 262 (1970).

Service on mother confined in penitentiary was effective. Bd. of Control of State Home v. Mulertz, 60 Colo. 468 , 154 P. 742 (1916).

Proceedings defective where service did not comply with section. In a proceeding to determine the dependency of children, it was held, under the disclosed facts, that there was no timely service or waiver of service, that the parents were not advised regarding the nature and effect of the proceeding as required by this section, that the court was without jurisdiction, and that the entire proceedings, decree, and order of commitment were void. Ziemer v. Wheeler, 89 Colo. 242 , 1 P.2d 579 (1931).

Service by publication ineffective for father in case under Uniform Child Custody Jurisdiction and Enforcement Act involving termination of parental rights. Affidavit for service by publication included factual errors and did not establish what efforts were made to locate father in Iran or whether the department attempted to provide personal service by any means that would likely result in father receiving actual notice. People in Interest of A.B-A., 2019 COA 125 , 451 P.3d 1278.

The joining of the district attorney and law enforcement officers as parties to case does not exceed the court's jurisdiction to join as a respondent any person it deems necessary to the action. Where court concluded in dependency and neglect proceedings based on alleged sexual abuse that appropriate treatment plan required confidentiality of communications, the court joined law enforcement officials as parties to assure that they would not seek to learn the content of such communications. People v. District Court, 731 P.2d 652 (Colo. 1987).

Mother who deliberately concealed herself from law enforcement and the court lacked standing to challenge the constitutionality of subsection (8)(b) authorizing service by a single publication because her claimed injury was self-inflicted. People ex rel. J.C.S., 169 P.3d 240 (Colo. App. 2007).