Colorado § 19-3-202 Right to counsel and jury trial

Colorado Statutes

§ 19-3-202 — Right to counsel and jury trial

Colorado·Title 19 Children's·Art. Dependency and Neglect

(1)At the first appearance of a respondent parent, guardian, or legal custodian, the court shall fully advise the respondent of the respondent's legal rights, including the right to a jury trial, the right to be represented by counsel at every stage of the proceedings, and the right to seek the appointment of counsel through the office of respondent parents' counsel established in section 13-92-103, if the respondent is unable to financially secure counsel on the respondent's own. The court shall appoint counsel for a respondent who is incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail; held in federal custody; or involuntarily committed, unless the court determines the respondent is

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(1) At the first appearance of a
respondent parent, guardian, or legal custodian, the court shall fully advise the
respondent of the respondent's legal rights, including the right to a jury trial, the
right to be represented by counsel at every stage of the proceedings, and the right
to seek the appointment of counsel through the office of respondent parents'
counsel established in section 13-92-103, if the respondent is unable to financially
secure counsel on the respondent's own. The court shall appoint counsel for a
respondent who is incarcerated in a department of corrections facility, a private
correctional facility under contract with the department of corrections, or a jail;
held in federal custody; or involuntarily committed, unless the court determines the
respondent is able to financially secure counsel on the respondent's own or the
respondent chooses to proceed without counsel. The court shall fully explain to the
respondent the informational notice of rights and remedies for families prepared
pursuant to section 19-3-212 and shall recommend that the respondent discuss
such notice with the respondent's counsel. Further, the court shall advise the
respondent of the minimum and maximum time frames for the dependency and
neglect process, including the minimum and maximum time frames for adjudication,
disposition, and termination of parental rights for a child who is under six years of
age at the time the petition is filed in a county designated pursuant to section 19-1-123. Nothing in this section limits the power of the court to appoint counsel prior to
the filing of a petition for good cause.

(2) The petitioner, any respondent, the guardian ad litem for the child, or a
child who is twelve years of age or older may demand a trial by jury of six persons
at the adjudicatory hearing pursuant to section 19-3-505, or the court, on its own
motion, may order such a jury to try any case at the adjudicatory hearing pursuant
to section 19-3-505.

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Legislative History

Source: L. 87: Entire title R&RE, p. 761, � 1, effective October 1. L. 2003: (1) amended, p. 1226, � 3, effective August 6. L. 2014: (1) amended, (SB 14-203), ch. 281, p. 1141, � 2, effective August 6. L. 2015: (1) amended, (HB 15-1149), ch. 116, p. 352, � 4, effective April 24. L. 2022: (2) amended, (HB 22-1038), ch. 92, p. 434, � 8, effective January 9, 2023. L. 2023: (1) amended, (SB 23-039), ch. 191, p. 953, � 3, effective January 1, 2024.