§ 19-2.5-611 — Contempt - warrant - legislative declaration

Colorado § 19-2.5-611

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

Text

(1) Except as
otherwise set forth in subsection (3) of this section, any person summoned or
required to appear pursuant to section 19-2.5-501 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 the juvenile 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
must be issued for the parent, guardian, or person with whom the juvenile resides,
and the parent, guardian, or person with whom the juvenile resides is subject to
contempt.

(c) For purposes of this subsection (3), good cause for failing to appear
includes but is not limited to a situation where a parent or guardian:

(I) Does not have physical custody of the juvenile and resides outside of
Colorado;

(II) Has physical custody of the juvenile but resides outside of Colorado and
appearing in court will result in undue hardship to the 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 the parent or guardian.

(d) The nonappearance of the parent, guardian, or person with whom the
juvenile resides is not the basis for a continuance.

(e) This subsection (3) is not applicable to any proceeding in a case that has
been transferred to the district court pursuant to section 19-2.5-802.

(f) The general assembly declares that every parent or guardian whose
juvenile is the subject of a juvenile proceeding pursuant to this article 2.5 shall
attend any such proceeding.

(g) Nothing in this subsection (3) creates a right for any juvenile to have the
juvenile's parent or guardian present at any proceeding at which the juvenile is
present.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 607, � 2, effective October 1.