ARTICLE 1 GENERAL PROVISIONS
Jurisdiction | Colorado |
19-1-101. Short title.
19-1-102. Legislative declaration.
19-1-103. Definitions.
19-1-103.5. Other definitions. (Repealed)
19-1-104. Jurisdiction.
19-1-105. Right to counsel and jury trial.
19-1-106. Hearings - procedure - record.
19-1-107. Social study and other reports.
19-1-108. Magistrates - qualifications - duties.
19-1-109. Appeals.
19-1-110. Previous orders and decrees - force and effect.
19-1-111. Appointment of guardian ad litem.
19-1-111.5. Court-appointed special advocate.
19-1-112. Search warrants for the protection of children.
19-1-113. Emergency protection orders.
19-1-114. Order of protection.
19-1-115. Legal custody - guardianship - placement out of the home - petition for review for need of placement.
19-1-115.3. Missing children and youth from out-of-home placement - required reporting to law enforcement.
19-1-115.5. Placement of children out of home - legislative declaration.
19-1-115.7. Foster care prevention services - provision of services - rights and remedies - exchange of information.
19-1-116. Funding - alternatives to placement out of the home - services to prevent continued involvement in child welfare system.
19-1-117. Visitation rights of grandparents or great-grandparents.
19-1-117.5. Disputes concerning grandparent or great-grandparent visitation.
19-1-117.6. Definitions. (Repealed)
19-1-117.7. Requests for placement - legal custody by grandparents.
19-1-118. Court records - inspection. (Repealed)
19-1-119. Confidentiality ofjuvenile records - delinquency. (Repealed)
19-1-120. Confidentiality of records - dependency and neglect. (Repealed)
19-1-121. Confidentiality of records - "Uniform Parentage Act". (Repealed)
19-1-122. Confidentiality of records - relinquishments and adoptions. (Repealed)
19-1-123. Expedited procedures for permanent placement - children under the age of six years - designated counties.
19-1-124. Providers of children's services using federal or state moneys - use of state accounting standards.
19-1-125. Family stabilization services.
19-1-126. Compliance with the federal "Indian Child Welfare Act".
19-1-127. Responsibility for placement and care.
19-1-128. Foster care sibling visits - rules. (Repealed)
19-1-129. Department - research authorized - prenatal substance exposure - newborn and family outcomes - report.
19-1-201. Legislative intent.
19-1-202. Creation of CASA programs.
19-1-203. Program director.
19-1-204. Training requirements.
19-1-205. Selection of CASA volunteers.
19-1-206. Appointment of CASA volunteers.
19-1-207. Restrictions.
19-1-208. Duties of CASA volunteer.
19-1-209. Role and responsibilities of guardians ad litem - other parties.
19-1-210. Access to information.
19-1-211. Confidentiality.
19-1-212. Liability.
19-1-213. State CASA entity - duties - state court administrator duties - state court-appointed special advocate fund - definitions.
19-1-301. Short title.
19-1-302. Legislative declaration.
19-1-303. General provisions - delinquency and dependency and neglect cases - exchange of information - civil penalty - rules - definitions.
19-1-304. Juvenile delinquency records - division of youth services critical incident information - definitions.
19-1-305. Operation of juvenile facilities.
19-1-306. Expungement of juvenile delinquent records - definition.
19-1-307. Dependency and neglect records and information - access - fee - rules - records and reports fund - misuse of information - penalty - adult protective services data system check.
19-1-308. Parentage information.
19-1-309. Relinquishments and adoption information.
19-1-309.3. Exchange of information for child support purposes - process.
19-1-309.5. Adoptive family resource registry.
19-1-310. Information related to intervention and prevention programs - review and evaluation of programs. (Repealed)
19-1-311. Centralized integrated data base system for children and families - strategic business plan - technology plan - children's information management committee - report. (Repealed)
19-1-312. Central registry phase out - implementation plan - repeal. (Repealed)
19-1-401 to 19-1-403. (Repealed)
■ 19-1-101. Short title. This title shall be known and may be cited as the "Colorado Children's Code".
Source: L. 87: Entire title R&RE, p. 695, § 1, effective October 1.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. This section, as it existed in 1987, is the same as 19-1-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
An award of custody must serve the public as well as the best interests of the child. S.F.E. in Interest of T.I.E., 981 P.2d 642 (Colo. App. 1998).
In determining custody in dependency and neglect hearing, juvenile court committed reversible error by failing to consider any purposes of this Colorado Children's Code and in relying solely on a limited number of purposes set forth in §14-10-124. L.A.G. v. People in Interest of A.A.G., 912 P.2d 1385 (Colo. 1996).
Applied in Lovato v. Dist. Court, 198 Colo. 419, 601 P.2d 1072 (1979).
■ 19-1-102. Legislative declaration. (1) The general assembly declares that the purposes of this title are:
(a) To secure for each child subject to these provisions such care and guidance, preferably in his own home, as will best serve his welfare and the interests of society;
(b) To preserve and strengthen family ties whenever possible, including improvement of home environment;
(c) To remove a child from the custody of his parents only when his welfare and safety or the protection of the public would otherwise be endangered and, in either instance, for the courts to proceed with all possible speed to a legal determination that will serve the best interests of the child; and
(d) To secure for any child removed from the custody of his parents the necessary care, guidance, and discipline to assist him in becoming a responsible and productive member of society.
(1.5) (a) The general assembly declares that it is in the best interests of the child who has been removed from his own home to have the following guarantees:
(I) To be placed in a secure and stable environment;
(II) To not be indiscriminately moved from foster home to foster home; and
(III) To have assurance of long-term permanency planning.
(b) (Deleted by amendment, L. 92, p. 220, § 1, effective July 1, 1992.)
(1.6) The general assembly recognizes the numerous studies establishing that children undergo a critical bonding and attachment process prior to the time they reach six years of age. Such studies further disclose that a child who has not bonded with a primary adult during this critical stage will suffer significant emotional damage which frequently leads to chronic psychological problems and antisocial behavior when the child reaches adolescence and adulthood. Accordingly, the general assembly finds and declares that it is appropriate to provide for an expedited placement procedure to ensure that children under the age of six years who have been removed from their homes are placed in permanent homes as expeditiously as possible.
(1.7) The general assembly further declares that it is the intent of the general assembly to have the media and the courts refrain from causing undue hardship, discomfort, and distress to any juvenile victims of sexual assault, child abuse, incest, or any offenses listed in wrongs to children pursuant to part 4 of article 6 of title 18, C.R.S., by not disseminating or publishing the names of such victims.
(1.9) The federal "Family First Prevention Services Act" was enacted on February 9, 2018. In order to comply with the provisions of the federal "Family First Prevention Services Act", the general assembly finds that it is necessary to update current statutes to enable Colorado to provide enhanced support to children, juveniles, or youth, and their families in order to prevent foster care placements. The state department of human services shall implement the updated provisions in this title 19 utilizing prevention services and qualified residential treatment programs when the federal government approves Colorado's five-year Title IV-E prevention plan, and subject to available general fund appropriations or federal funding.
(2) To carry out these purposes, the provisions of this title shall be liberally construed to serve the welfare of children and the best interests of society.
Source: L. 87: Entire title R&RE, p. 695, § 1, effective October 1. L. 88: (1.5) added, p. 755, § 1, effective May 31. L. 90: (1.7) added, p. 1007, § 1, effective July 1. L. 92: (1.5) amended, p. 220, § 1, effective July 1. L. 94: (1.6) added, p. 2051, § 1, effective July 1. L. 2019: (1.9) added, (HB 19-1308), ch. 256, p. 2458, § 2, effective August 2. L. 2020: (1.9) amended, (SB 20-162), ch. 221, p. 1087, § 1, effective July 2; (1.9) amended, (HB 20-1402), ch. 216, p. 1047, § 32, effective June 30.
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. This section, as it existed in 1987, is the same as 19-1-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (1.9) by SB 20-162 and HB 20-1402 were harmonized.
Cross references: For the "Family First Prevention Services Act", see Pub.L. 115-123.
Law reviews. For article, "Juvenile Delinquency in Colorado: The Law's Response to Society's Need", see 31 Rocky Mt. L. Rev. 1 (1958). For article, "One Year Review of Criminal Law and Procedure", see 40 Den. L. Ctr. J. 89 (1963). For note, "Juvenile Delinquency — Colorado's Unassumed Burden", see 36 U. Colo. L. Rev. 519 (1964). For article...
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