§ 19-2.5-502 — Petition initiation - petition form and content

Colorado § 19-2.5-502

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: The Colorado Juvenile Justice System

Text

(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 subsections (3), (4), and (5) of this section, which the court
shall accept. If the district attorney chooses to file a petition in delinquency on any
juvenile who receives a detention hearing pursuant to section 19-2.5-305, the
district attorney shall file the petition within seventy-two hours after the detention
hearing, excluding Saturdays, Sundays, and legal holidays. Upon filing the petition,
the court, if practicable, shall send notice of the pendency of such action to the
juvenile's parent, guardian, or legal custodian.

(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 the district attorney's designee may determine
whether the 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), 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 the juvenile's 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 shall 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 district attorney consults with
the victim and offers the victim 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 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.

(3) Form and content. The petition and all subsequent court documents in
any proceedings brought pursuant to section 19-1-104 (1)(a) or (1)(b) must be titled
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 places a respondent on
notice that the prosecution may rely on any or all of the alternatives alleged.

(4) The petition must plainly set forth the facts that bring the juvenile within
the court's jurisdiction. If the petition alleges that the juvenile is delinquent, it must
cite the law or municipal or county ordinance that the juvenile is alleged to have
violated. The petition must also state the name, age, and residence of the juvenile
and the names and residences of the juvenile's parents, guardian, or other legal
custodian or of the nearest known relative if a parent, guardian, or other legal
custodian is unknown.

(5) (a) Pursuant to article 1.2 of this title 19, in delinquency proceedings to
which the federal Indian Child Welfare Act of 1978, 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 individual or illegal
possession of marijuana paraphernalia by an underage person, as described in
section 18-13-122, and possession of handguns by juveniles, as described in section
18-12-108.5, the petition must:

(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 Indian child's parent or Indian custodian and to
the Indian child's tribe pursuant to article 1.2 of this title 19, the postal receipts
must be attached to the petition and filed with the court or filed within fourteen
days after the filing of the petition, as specified in article 1.2 of this title 19.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 596, � 2, effective October 1. L. 2025: IP(5)(a) and (5)(b) amended, (HB 25-1204), ch. 338, p. 1816, � 5, effective August 6.