§ 19-7-309.5 — Initial hearings

Colorado § 19-7-309.5

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Youth in Foster Care

Text

(1) The court shall set the matter for an initial
hearing within fifty-six days of receipt of a petition filed pursuant to this section,
and the court shall appoint counsel for youth for the petitioning youth. If the office
of the child's representative has already assigned counsel, the court shall appoint
the same attorney.

(2) At the initial hearing, the court shall advise the youth that:

(a) Services provided through the transition program are voluntary for the
youth, and the youth may remain in the transition program until the last day of the
month in which the youth turns twenty-one years of age, or such greater age of
foster care eligibility as required by federal law, so long as the youth meets all
other program eligibility requirements pursuant to section 19-7-304;

(b) If the youth chooses to leave the transition program but later decides
support is needed, the youth has the right to begin receiving child welfare services
again through the transition program; and

(c) The youth has the right to counsel.

(3) At the initial hearing, the court shall determine:

(a) Whether the youth has voluntarily entered foster care and that the county
department has legal authority for placement;

(b) Whether it is in the best interest of the youth to be voluntarily placed in
foster care; and

(c) If one of the following applies:

(I) The youth was removed from home prior to the youth reaching eighteen
years of age pursuant to a judicial determination that it was contrary to the youth's
welfare to remain in the home, that reasonable efforts were made to keep the youth
in the home, and that because the youth has remained in foster care continuously, a
new court-ordered removal is not required; or

(II) Reasonable efforts to prevent removal were not required because a youth
who is eighteen years of age or older may enter into the voluntary services
agreement on the youth's own behalf.

(4) If the court determines that the requirements of subsection (3) of this
section are met, the court shall follow procedures for a periodic review hearing as
described in section 19-7-312, as applicable.

(5) (a) When a youth has been adjudicated dependent and neglected
pursuant to section 19-3-102, or when there is sufficient evidence that the youth has
been subjected to child abuse or neglect, as defined in section 19-1-103 (1), the
court shall enter a finding that the youth is dependent on the court, as defined in
section 19-1-103 (53.5). The court may enter special findings establishing the
youth's eligibility for designation as a special immigrant juvenile pursuant to
federal law, including:

(I) Declaring the youth dependent;

(II) Determining that reunification of the youth with one or both parents is not
viable due to abuse, neglect, abandonment, or a similar basis found pursuant to
state law. For purposes of this subsection (5)(a)(II), abandonment includes, but is
not limited to, the death of one or both parents.

(III) Determining that it is not in the best interests of the youth to be returned
to the youth's or parents' previous country of nationality or country of last habitual
residence.

(b) The order may be entered at any time following the filing of the petition
or at the hearing.

Legislative History

Source: L. 2022: Entire section added, (HB 22-1245), ch. 88, p. 421, � 11, effective August 10. L. 2024: (5) amended, (SB 24-119), ch. 33, p. 104, � 6, effective August 7.