§ 19-3-405 — Temporary protective custody

Colorado § 19-3-405

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Dependency and Neglect

Text

(1) In addition to other powers
granted to the court for the protection of children, the court may issue verbal or
written temporary protective custody orders or emergency protection orders, or
both. Each judicial district shall be responsible for making available a person
appointed by the judge of the juvenile court, who may be the judge, a magistrate, or
any other officer of the court, to be available by telephone at all times to act with
the authorization and authority of the court to issue such orders.

(2) (a) Temporary protective custody orders may be requested by the county
department of human or social services, a law enforcement officer, an administrator
of a hospital in which a child reasonably believed to have been neglected or abused
is being treated, or any physician who has before him or her a child he or she
reasonably believes has been abused or neglected, whether or not additional
medical treatment is required, if such person or department believes that the
circumstances or conditions of the child are such that continuing the child's place
of residence or in the care and custody of the person responsible for the child's
care and custody would present a danger to that child's life or health in the
reasonably foreseeable future.

(b) Emergency protection orders may be requested by the county
department of human or social services, a law enforcement officer, an administrator
of a hospital in which a child reasonably believed to have been neglected or abused
is being treated, or any physician who has before him or her a child the physician
reasonably believes has been abused or neglected, whether or not additional
medical treatment is required, if such person or department believes that the child
is able to remain safely in the child's place of residence or in the care and custody
of the person responsible for the child's care and custody only if certain emergency
protection orders are entered. An emergency protection order may include but is
not limited to:

(I) Restraining a person from threatening, molesting, or injuring the child;

(II) Restraining a person from interfering with the supervision of the child; or

(III) Restraining a person from having contact with the child or the child's
residence.

(3) The county department of human or social services must be notified of
such action immediately by the court-appointed official in order that child
protection proceedings may be initiated.

(4) In any case, such temporary protective custody or emergency protection
shall not exceed seventy-two hours, excluding Saturdays, Sundays, and court
holidays.

Legislative History

Source: L. 90: Entire section added, p. 1036, � 3, effective April 3. L. 91: (1) amended, p. 363, � 34, effective April 9. L. 97: Entire section amended, p. 519, � 7, effective July 1. L. 2018: (2)(a), IP(2)(b), and (3) amended, (SB 18-092), ch. 38, p. 421, � 58, effective August 8.