(1)(a) Except as provided in subsection (1)(b) of this
section, all proceedings brought pursuant to this article 3 must be commenced in
the county in which the child resides or is present.
(b)A county department, guardian ad litem or counsel for youth, or other
person filing a petition for reinstatement of the parent-child legal relationship as
set forth in section 19-3-612 must file the petition for the reinstatement of the
parent-child legal relationship in the county or city and county that has legal
custody of the child.
(1.5) For purposes of determining proper venue, a child who is placed in the
legal custody of a county department shall be deemed for the entire period of
placement to reside in the county in which the child's legal parent or guardian
resides or is located
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(1) (a) Except as provided in subsection (1)(b) of this
section, all proceedings brought pursuant to this article 3 must be commenced in
the county in which the child resides or is present.
(b) A county department, guardian ad litem or counsel for youth, or other
person filing a petition for reinstatement of the parent-child legal relationship as
set forth in section 19-3-612 must file the petition for the reinstatement of the
parent-child legal relationship in the county or city and county that has legal
custody of the child.
(1.5) For purposes of determining proper venue, a child who is placed in the
legal custody of a county department shall be deemed for the entire period of
placement to reside in the county in which the child's legal parent or guardian
resides or is located, even if the child is physically residing in a foster care or
residential facility located in another county. In such circumstance, if a child is
placed out of the home, the court shall not transfer venue pursuant to subsection
(2) of this section during the period of out-of-home placement to any county other
than the county in which the child's legal parent or guardian resides or is located.
(2) When proceedings are commenced pursuant to this article 3 in a county
other than that of the child's residence, the court in which proceedings were
initiated may, on its own motion or on the motion of any interested party, transfer
the case to the court in the county where the child's legal parent or guardian
resides or is located unless any of the following circumstances exist:
(a) The transfer would be detrimental to the best interests of the child;
(b) Adjudication has not taken place and the case has not been continued
pursuant to section 19-3-505 (5);
(c) The legal parent or guardian has a history of frequent moves unless there
is evidence of stability in the most recent move indicating an intent to remain in the
new residence for six or more months, such as the legal parent or guardian has
signed a lease whose term is six or more months;
(d) The case is likely to be closed within three to six months;
(e) The transfer will disrupt continuity or provisions of services; or
(f) The case is an expedited permanency planning case, unless the
requirements of subsection (3) of this section have been met. Pursuant to
subsection (3) of this section, the presumption that a transfer of the proceedings is
not in the child's best interest has been rebutted by a preponderance of the
evidence.
(2.5) The county attorney of a county that files a motion to change venue
pursuant to this section shall immediately provide notice of the motion to the
proposed receiving county. Upon receipt of a motion to change venue, the court
shall set a hearing to rule on the motion. The requesting county attorney shall
provide fourteen days written notice of the hearing to the office of the county
attorney in the proposed receiving county, who shall have a right to file responsive
pleadings and appear at the hearing.
(3) In a county designated pursuant to section 19-1-123, if the child is under
six years of age at the time a petition is filed in accordance with section 19-3-501
(2), it shall be presumed that any transfer of proceedings pursuant to subsection (2)
of this section without good cause shown that results in a delay in the judicial
proceedings would be detrimental to the child's best interests. Such presumption
may be rebutted by a preponderance of the evidence.
(4) (a) An order granting a change of venue and transferring jurisdiction to
the court in the county in which the child resides shall be effective fifteen days
after the transferring court signs the order. Within thirty days after signing the
order, the transferring court shall forward the court file, including originals or
certified copies of all documents and reports, to the receiving court.
(b) The order granting a change of venue and transferring jurisdiction must
include:
(I) Notice to the receiving court of whether a respondent parent's counsel
and the guardian ad litem or counsel for youth appointed for the child will remain on
the case. If a respondent parent's counsel or the guardian ad litem or counsel for
youth for the child will not remain on the case, the order must inform the receiving
court that the receiving court shall make a new appointment of counsel or guardian
ad litem or counsel for youth.
(II) Notice that the transferring court shall vacate any existing hearing date
after the effective date of the order.
(5) When venue is transferred, as set forth in subsection (2) of this section,
the receiving court shall proceed with the case as if the petition had been originally
filed or adjudication had been originally made in that court. The receiving court
shall hold an initial hearing in the case within thirty days after the effective date of
the order granting a change of venue and transferring jurisdiction to the receiving
court.
(6) A motion for change of venue shall be made in writing and shall include a
certification by the moving party that the moving party has complied with all
statutory requirements. The motion for change of venue shall be mailed to all
parties and attorneys of record in the case and to the county attorney in the
receiving county.