Colorado § 19-3-312 Court proceedings

Colorado Statutes

§ 19-3-312 — Court proceedings

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

(1)The county department or local law enforcement agency receiving a report under section 19-3-304 or 19-3-305, in addition to taking such immediate steps pursuant to sections 19-3-401 and 19-3-308 (4) as may be required to protect a child, shall inform, within seventy-two hours, the appropriate juvenile court or district court with juvenile jurisdiction that the child appears to be within the court's jurisdiction. Upon receipt of such information, the court shall make an immediate investigation to determine whether protection of the child from further abuse is required and, upon such determination, may authorize the filing of a petition, as provided for in section 19-3-501 (2).

(2)In any proceeding initiated pursuant to this section, the court shall name as respondents all pers

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(1) The county department or local law
enforcement agency receiving a report under section 19-3-304 or 19-3-305, in
addition to taking such immediate steps pursuant to sections 19-3-401 and 19-3-308 (4) as may be required to protect a child, shall inform, within seventy-two
hours, the appropriate juvenile court or district court with juvenile jurisdiction that
the child appears to be within the court's jurisdiction. Upon receipt of such
information, the court shall make an immediate investigation to determine whether
protection of the child from further abuse is required and, upon such determination,
may authorize the filing of a petition, as provided for in section 19-3-501 (2).

(2) In any proceeding initiated pursuant to this section, the court shall name
as respondents all persons alleged by the petition to have caused or permitted the
abuse or neglect alleged in the petition. In every such case, the responsible person
shall be named as respondent. Summonses shall be issued for all named
respondents in accordance with section 19-3-503.

(3) Repealed.

(4) If a report under section 19-3-304 or 19-3-305 is based solely on an
allegation of emotional abuse as defined in section 19-1-103 (1)(a), if requested by
any party to the proceeding or upon its own motion, the court shall order a report to
be prepared by an independent mental health-care provider. The independent
mental health-care provider shall interview the child and the alleged perpetrator of
the abuse. The costs of the report shall be split equally between the county and the
party requesting the report, unless the court finds that paying such costs would
cause a hardship to the party.

(5) If a petition is filed alleging that a child is neglected or dependent based
upon section 19-3-102 (2), the county department shall engage in concurrent
planning to expedite the permanency planning process for the child who is the
subject of such petition.

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Legislative History

Source: L. 87: Entire title R&RE, p. 771, � 1, effective October 1. L. 97: (4) and (5) added, p. 1439, � 13, effective July 1. L. 2014: (3) repealed, (SB 14-203), ch. 281, p. 1142, � 3, effective August 6.