THE COLORADO RULES OF JUVENILE PROCEDURE
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Rule 1. .................................................................... 1369
Rule 2. Purpose and Construction ................................................ 1369
Rule 2.1. Attorney of Record..................................................... 1370
Rule 2.2. Summons — Content and Service ......................................... 1370
Rule 2.3. Emergency Orders ..................................................... 1372
Rule 2.4. Limitation on Authority of Juvenile Magistrates .............................. 1372
Rule 3. Advisement...........................................................1372
Rule 3.1. Petition Initiation, Form and Content, Time Limit for Filing Petition..............1374
Rule 3.2. Responsive Pleadings and Motions ........................................1374
Rule 3.3. Discovery ............................................................ 1375
Rule 3.4. Court Order for Nontestimonial Identification................................1375
Rule 3.5. Jury Trial.............................................................1375
Rule 3.6. Probation Revocation ................................................... 1376
Rule 3.7. Detention ............................................................ 1376
Rule 3.8. Status Offenders ....................................................... 1377
Rule 3.9. Counsel .............................................................. 1378
Form JDF 560. Valid Court Order for Status Offenders Pursuant to Colorado Rules of Juvenile Procedure 3.8 .................................................. 1382
Form JDF 561. Secure Placement as Disposition for Violation of Valid Court Order Pursuant to Colorado Rules of Juvenile Procedure 3.8 ......................... 1385
Form JDF 562. Valid Court Order for Written Report Pursuant to Colorado Rules of Juvenile Procedure 3.8 .................................................. 1387
Rule 4. Petition Initiation, Form and Content ....................................... 1389
Rule 4.1. Responsive Pleadings and Motions ........................................ 1389
Rule 4.2. Advisement — Dependency and Neglect ................................... 1389
Rule 4.3. Jury Trial.............................................................1390
Rule 4.4. Certification of Custody Matters to Juvenile Court............................1390
Rule 4.5. Contempt in Dependency and Neglect Cases ................................ 1391
(No Rule)
Rule 6. Petition in Adoption .................................................... 1391
Rule 6.1. Service by Publication .................................................. 1392
Rule 6.2. Decree in Adoption ..................................................... 1392
Rule 6.3. Relinquishment ........................................................ 1392
(No Rule)
INDEX TO COLORADO RULES OF JUVENILE PROCEDURE .............................1393
Cross references: For the juvenile court of Denver, see article 8 of title 13, C.R.S.
These rules govern proceedings brought in the juvenile court under Title 19, 8B C.R.S. (1987 Supp.), also hereinafter referred to as the Children's Code. All statutory references herein are to the Children's Code as amended. Proceedings are civil in nature and where not governed by these rules or the procedures set forth in Title 19, 8B C.R.S. (1987 Supp.), shall be conducted according to the Colorado Rules of Civil Procedure. Proceedings in delinquency shall be conducted in accordance with the Colorado Rules of Criminal Procedure, except as otherwise provided by statute or by these rules.
Source: Entire chapter repealed and reenacted June 16, 1988, effective January 1, 1989; entire rule amended and adopted April 17, 1997, effective July 1, 1997.
Law reviews. For article, "Confessions and the Juvenile Offender", see 11 Colo. Law. 96 (1982). For article, "Toward an Integrated Theory of Delinquency Responsibility", see 60 Den. L.J. 485 (1983). For article, "Colorado Juvenile Court History: The First Hundred Years", see 32 Colo. Law. 63 (April 2003).
Juvenile who is detained is entitled to a preliminary hearing by constitutional mandate. The right to a preliminary hearing in all other instances is based upon interpretation of the Colorado children's code and the Colorado rules of juvenile procedure. J.T. v. O'Rourke ex rel. Tenth Judicial Dist., 651 P.2d 407 (Colo. 1982).
When juvenile entitled to preliminary hearing. Juveniles charged in delinquency proceedings with crimes (Felonies and class 1 misdemeanors) subject to Crim. P. 5 and 7 are entitled to a preliminary hearing. Juveniles held on lesser charges are not granted a right to a preliminary hearing by statute or by rule. J.T. v. O'Rourke ex rel. Tenth Judicial Dist., 651 P.2d 407 (Colo. 1982).
Applicability of rules of civil procedure. The Rules of Juvenile Procedure and the applicable statutes are silent as to the effect of a direction from the court or commissioner to counsel to prepare an order; and the Rules of Civil Procedure, therefore, are applicable. People ex rel. M.C.L., 671 P.2d 1339 (Colo. App. 1983).
Applied in People in Interest of S.S.T., 38 Colo. App. 110, 553 P.2d 82 (1976); People in Interest of C.R., 38 Colo. App. 252, 557 P.2d 1225 (1976); People in Interest of D.A.K., 198 Colo. 11, 596 P.2d 747 (1979); People v. District Court, 199 Colo. 197, 606 P.2d 450 (1980); People in re J.B.P., 44 Colo. App. 95, 608 P.2d 847 (1980); People in Interest of C.A.K., 628 P.2d 136 (Colo. App. 1980); In re U.M. v. District Court, 631 P.2d 165 (Colo. 1981); People in Interest of M.R.J., 633 P.2d 474 (Colo. 1981); People in Interest of B.J.D., 626 P.2d 727 (Colo. App. 1981); People in Interest of A.M.D., 648 P.2d 625 (Colo. 1982); People in Interest of J.F.C., 660 P.2d 7 (Colo. App. 1982); People in Interest of A.L.C., 660 P.2d 917 (Colo. App. 1982); People ex rel. J.F., 672 P.2d 544 (Colo. App. 1983); People in Interest of M.M.T., 676 P.2d 1238 (Colo. App. 1983).
These rules are intended to provide for the just determination of juvenile proceedings. They shall be construed to secure simplicity in procedure and fairness in administration.
Source: Entire chapter repealed and reenacted June 16, 1988, effective January 1, 1989.
Colorado rules of juvenile procedure reflect supreme court's judgment concerning the manner in which juvenile courts should proceed in applying the Colorado children's code. J.T. v. O'Rourke ex rel. Tenth Judicial Dist., 651 P.2d 407 (Colo. 1982).
Juvenile defendants best served by informal judicial setting. The juvenile system is premised on the concept that a more informal, simple, and speedy judicial setting will best serve the needs and welfare of juvenile defendants. J.T. v. O'Rourke ex rel. Tenth Judicial Dist., 651 P.2d 407 (Colo. 1982).
Applied in S.A.S. v. District Court, 623 P.2d 58 (Colo. 1981).
(a) An attorney shall be deemed of record when the attorney appears personally before the court, files a written entry of appearance, or has been appointed by the court.
(b) The clerk shall notify an attorney appointed by the court. An order of appointment shall appear in the file.
Source: Entire chapter repealed and reenacted June 16, 1988, effective January 1, 1989; entire rule amended and adopted December 14, 2000, effective January 1, 2001.
(a) Juvenile Delinquency Proceedings.
(1) The summons served in juvenile delinquency proceedings shall contain the notifications required by §19-2-514, C.R.S. The summons and petition shall be served upon the juvenile in the manner provided in §19-2-514, C.R.S.
(2) When the court has acquired jurisdiction over the parties as provided in the Children's Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent pleadings and notice may be served by regular mail.
(3) If a juvenile is issued a promise to appear pursuant to §19-2-507(5), C.R.S., the promise to appear shall contain the notifications required by §19-2-507(5), C.R.S.
(b) Dependency and Neglect Proceedings.
(1) The summons served in dependency and neglect proceedings shall contain the notifications required by §19-3-503, C.R.S. The summons and petition shall be served upon respondent(s) in the manner provided in §19-3-503(7) and (8), C.R.S.
(2) When the court has acquired jurisdiction over the parties as provided in the Children's Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent pleadings and notice may be served by regular mail.
(c) Relinquishment Proceedings.
(1) The summons served in relinquishment proceedings shall contain the notifications required by §19-5-105(5), C.R.S.
(2) The summons and petition shall be served upon the non-relinquishing parent as follows:
A. As ordered by the court; or
B. In the same manner as a summons in a civil action; or
C. By mailing it to the respondent ('s/s') last known address, not less than 14 days prior to the time the respondents) is/are required to appear, by registered mail return receipt requested or certified mail return receipt requested. Service by mail shall be complete upon return of the receipt signed by the respondent(s) or signed on behalf of the respondent(s) by one authorized by law.
(3) When the person to be served cannot be found after due diligence, service may be by a single publication pursuant to C.R.C.P. 4(g).
(4) When the court has acquired jurisdiction over the parties as provided in the Children's Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent pleadings and notice may be served by regular mail.
(d) Truancy Proceedings.
(1) The summons served in...
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