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Colorado Statutes, Title 19

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Title 19, Children's Code

0 chapters · 471 sections in this title.

All chapters in Title 19471 Ch 2.5152 Ch 375 Ch 151 Ch 546 Ch 434 Ch 1.232 Ch 726 Ch 5.520 Ch 4.514 Ch 3.312 Ch 68 Ch 3.11

152 sections·Filtered byTitle 19✕Ch 2.5✕

Colo. Rev. Stat. § 19-2.5-203 Statements - definitions
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(1) A statement or admission of a juvenile made as a result of the custodial interrogation of the juvenile by a law enforcement official concerning delinquent acts alleged to have been committed by the juvenile are not admissible in evidence against the juvenile unless a parent, …
Colo. Rev. Stat. § 19-2.5-204 Issuance of a lawful warrant taking a juvenile into custody
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(1) A lawful warrant taking a juvenile into custody may be issued pursuant to this section by any judge of a court of record or by a juvenile magistrate upon receipt of an affidavit relating facts sufficient to establish probable cause to believe that a delinquent act has been co…
Colo. Rev. Stat. § 19-2.5-205 Search warrants - issuance - grounds
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(1) A search warrant authorized by this section may be issued by any judge of a court of record or by a juvenile magistrate. (2) A search warrant may be issued pursuant to this section to search for and seize any property: (a) That is stolen or embezzled; or (b) That is designed …
Colo. Rev. Stat. § 19-2.5-206 Search warrants - application

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(1) A search warrant shall issue only on affidavit sworn to or affirmed before the judge or juvenile magistrate and relating facts sufficient to: (a) Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched; (b) Identify or describe, as near…

Colo. Rev. Stat. § 19-2.5-207 Fingerprinting - juvenile under arrest - ordered by court - definition

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(1) For purposes of this section, "juvenile" means any juvenile who is charged with committing, summoned, or held in detention for committing a delinquent act that constitutes a felony, a class 1 misdemeanor, or a misdemeanor pursuant to section 42-4-1301 or a crime, the underlyi…

Colo. Rev. Stat. § 19-2.5-208 Petty tickets - summons - contracts - data

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(1) (a) If a law enforcement officer contacts a juvenile ten years of age or older for a delinquent act that would be a petty offense if committed by an adult or a municipal ordinance violation, the officer may issue the juvenile a petty ticket that requires the juvenile to go th…

Colo. Rev. Stat. § 19-2.5-209 Taking juvenile into custody

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(1) A juvenile may be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe that the juvenile has committed a delinquent act. (2) A juvenile may be taken into temporary custody by a law enforcement office…

Colo. Rev. Stat. § 19-2.5-301 Legislative declaration

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The general assembly declares that the placement of children and juveniles in a detention facility exacts a negative impact on the mental and physical well-being of the child or juvenile, and such detention may make it more likely that the child or juvenile will reoffend. Childre…

Colo. Rev. Stat. § 19-2.5-302 Local juvenile services planning committee - creation - duties - identification and notification of dually identified crossover youth

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(1) If all of the boards of commissioners of each county or the city council of each city and county in a judicial district agree, there may be created in the judicial district a local juvenile services planning committee that is appointed by the chief judge of the judicial distr…

Colo. Rev. Stat. § 19-2.5-303 Duty of officer - screening teams - notification - release or detention

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(1) When a juvenile is taken into temporary custody and not released pending charges, the officer shall notify the screening team for the judicial district in which the juvenile is taken into custody. The screening team shall notify the juvenile's parent, guardian, or legal custo…

Colo. Rev. Stat. § 19-2.5-304 Limitations on detention

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(1) Detention is not permitted for the following: (a) Juveniles who have not committed, or have not been accused of committing, a delinquent act unless otherwise found in contempt of court; (b) Delinquent and nondelinquent juveniles who have been placed in the legal custody of a …

Colo. Rev. Stat. § 19-2.5-305 Detention and shelter - hearing - time limits - findings - review - guardian ad litem appointed - confinement with adult offenders - restrictions

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(1) Unless placement is prohibited pursuant to section 19-2.5-304, when a juvenile is placed in a detention facility, in a temporary holding facility, or in a temporary shelter facility designated by the court, the screening team shall promptly notify the court, the district atto…

Colo. Rev. Stat. § 19-2.5-306 Conditions of release - personal recognizance bond

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(1) Unless the district attorney consents, a juvenile charged or accused of having committed a delinquent act that constitutes a felony or a class 1 misdemeanor shall not be released without an unsecured personal recognizance bond, if: (a) The juvenile has been found guilty of a …

Colo. Rev. Stat. § 19-2.5-401 Diversion

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As an alternative to a petition filed pursuant to section 19-2.5-502, an adjudicatory trial pursuant to part 9 of this article 2.5, or disposition of a juvenile delinquent pursuant to section 19-2.5-1103, the district attorney may agree to allow a juvenile to participate in a div…

Colo. Rev. Stat. § 19-2.5-402 Juvenile diversion program - authorized - report - allocation of money - legislative declaration - definitions

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(1) (a) In order to more fully implement the stated objectives of this title 19, the general assembly declares its intent to establish a juvenile diversion program that integrates restorative justice practices to provide community-based alternatives to the formal court system to …

Colo. Rev. Stat. § 19-2.5-403 Juvenile diversion cash fund - creation

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(1) Fifty percent of the money collected pursuant to section 18-4-509 (2)(a) must be transmitted to the state treasurer, who shall credit the same to the juvenile diversion cash fund, which fund is created and referred to in this section as the "fund". The money in the fund is su…

Colo. Rev. Stat. § 19-2.5-501 Summons - issuance - contents - service - legislative declaration

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(1) After a petition has been filed, the court shall promptly issue a summons reciting briefly the substance of the petition. The summons must also state, in a separate box, in bold, and in capitalized letters, the following text, inserting the telephone number and address of the…

Colo. Rev. Stat. § 19-2.5-502 Petition initiation - petition form and content

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(1) If the district attorney determines that the interests of the juvenile or of the community require that further action be taken, the district attorney may file a petition in delinquency on the form specified in subsections (3), (4), and (5) of this section, which the court sh…

Colo. Rev. Stat. § 19-2.5-503 Aggravated juvenile offender

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(1) (a) In any action in delinquency alleging that a juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the petition must allege by separate count that the juvenile is an aggravated juvenile offender and that increased commitment is authorized. …

Colo. Rev. Stat. § 19-2.5-601 Appointment of guardian ad litem

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The court may appoint a guardian ad litem pursuant to section 19-1-111 for a juvenile in a proceeding brought pursuant to this article 2.5. Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 599, § 2, effective October 1.

Colo. Rev. Stat. § 19-2.5-602 General procedure for juvenile hearings

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(1) The Colorado rules of juvenile procedure apply in all proceedings conducted pursuant to this article 2.5. (2) Hearings must be held before the court without a jury, except as set forth in sections 19-2.5-610 and 19-2.5-503 (3), and may be conducted in an informal manner. (3) …

Colo. Rev. Stat. § 19-2.5-604 Open hearings

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The general public must not be excluded from hearings held pursuant to this article 2.5 unless the court determines that it is in the best interest of the juvenile or of the community to exclude the general public. In such event, the court shall admit only such persons as have an…

Colo. Rev. Stat. § 19-2.5-605 Advisement - right to counsel - waiver of right to counsel - definition

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(1) (a) At the juvenile's first appearance before the court, after the detention hearing or at the first appearance if the juvenile appears on a summons, the court shall advise the juvenile and the juvenile's parents, guardian, or other legal custodian of the juvenile's constitut…

Colo. Rev. Stat. § 19-2.5-606 Preadjudication service program - creation

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(1) (a) The chief judge of any judicial district may issue an order that any juvenile who applies for preadjudication release be evaluated for placement by a preadjudication service program established pursuant to this section. In evaluating the juvenile, the service program shal…

Colo. Rev. Stat. § 19-2.5-607 Mandatory protection order

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(1) (a) A mandatory protection order is created against any juvenile charged with the commission of a delinquent act and the juvenile's parents or legal guardian. The order remains in effect from the time that the juvenile is advised of the juvenile's rights and informed of the o…

Colo. Rev. Stat. § 19-2.5-608 Fingerprinting - ordered by court - definition

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(1) For purposes of this section, "juvenile" means any juvenile who is charged with committing, summoned, or held in detention for committing a delinquent act that constitutes a felony, a class 1 misdemeanor, or a misdemeanor pursuant to section 42-4-1301 or a crime, the underlyi…

Colo. Rev. Stat. § 19-2.5-609 Preliminary hearing - dispositional hearing

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(1) The district attorney or a juvenile who is accused in a petition of a delinquent act that constitutes a class 1, 2, or 3 felony may demand and receive a preliminary hearing to determine if there is probable cause to believe that the delinquent act alleged in the petition was …

Colo. Rev. Stat. § 19-2.5-610 Right to jury trial

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(1) In any action in delinquency in which a juvenile is alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125, or is alleged to have committed an act that would constitute a crime of violence, as defined in section 18-1.3-406, if committed by an adult…

Colo. Rev. Stat. § 19-2.5-611 Contempt - warrant - legislative declaration

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(1) Except as otherwise set forth in subsection (3) of this section, any person summoned or required to appear pursuant to section 19-2.5-501 who has acknowledged service and fails to appear without reasonable cause may be proceeded against for contempt of court. (2) If after rea…

Colo. Rev. Stat. § 19-2.5-612 Mental health services for juvenile - how and when issue raised - procedure - definitions

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(1) At any stage of a delinquency proceeding, if the court, prosecution, probation officer, guardian ad litem, parent, or legal guardian has reason to believe that the juvenile could benefit from mental health services, the party shall immediately advise the court of that belief.…

Colo. Rev. Stat. § 19-2.5-613 Advisement of services

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(1) For any juvenile who is sixteen years of age or older, before terminating jurisdiction, the court shall advise the juvenile that: (a) If the juvenile was in foster care at sixteen years of age or older, or in noncertified kinship care and adjudicated dependent and neglected, …

Colo. Rev. Stat. § 19-2.5-701 Legislative declaration

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(1) The general assembly finds and declares that: (a) The juvenile justice system is civil in nature and focused on rehabilitation rather than punishment; (b) Juveniles differ in significant and substantive ways from adults; therefore, different standards for competency are neces…

Colo. Rev. Stat. § 19-2.5-701.5 Definitions

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As used in this part 7, unless the context otherwise requires: (1) "Competency evaluation" means a court-ordered evaluation performed by the department, or a second evaluation conducted pursuant to section 19-2.5-707, conducted by a competency evaluator that meets the requirement…

Colo. Rev. Stat. § 19-2.5-702 Incompetent to proceed - effect - how and when raised

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(1) This part 7 applies only to proceedings brought pursuant to this title 19. (2) A juvenile must not be tried or sentenced if the juvenile is incompetent to proceed, as defined in section 19-2.5-701.5, at that stage of the proceedings. Juveniles, like adults, are presumed compe…

Colo. Rev. Stat. § 19-2.5-703 Determination of incompetency to proceed

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(1) Whenever the question of a juvenile's competency to proceed is raised, the court shall make a preliminary finding that the juvenile is or is not competent to proceed. If the court feels that the information available to it is inadequate for making such a finding, it shall ord…

Colo. Rev. Stat. § 19-2.5-703.5 Waiver of privilege - exchange of information - admissibility of statements

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(1) When the court determines that a juvenile is incompetent to proceed, any claim of confidentiality or privilege by the juvenile or the juvenile's parent or legal guardian is deemed waived within the case to allow the court and parties to determine issues related to the juvenil…

Colo. Rev. Stat. § 19-2.5-704 Procedure after determination of competency or incompetency

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(1) If the court finally determines pursuant to section 19-2.5-703 that the juvenile is competent to proceed, the court shall order that the suspended proceeding continue or, if a mistrial has been declared, shall reset the case for trial at the earliest possible date. (2) (a) If…

Colo. Rev. Stat. § 19-2.5-705 Restoration to competency hearing

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(1) The court may order a restoration to competency hearing, as defined in section 19-2.5-701.5, at any time on its own motion, on motion of the prosecuting attorney, or on motion of the juvenile. The court shall order a restoration of competency hearing if a competency evaluator…

Colo. Rev. Stat. § 19-2.5-706 Procedure after restoration to competency hearing

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(1) If a juvenile is found to have achieved or been restored to competency after a restoration to competency hearing, pursuant to section 19-2.5-705, or by the court during a review, pursuant to section 19-2.5-704 (2), the court shall resume or recommence the trial or sentencing …

Colo. Rev. Stat. § 19-2.5-707 Evaluation at the request of the juvenile

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A juvenile has the right to request a second evaluation in response to a court-ordered competency evaluation or a court-ordered restoration evaluation within seven days after the receipt of an evaluation. If a juvenile wants a second evaluation to be conducted by a competency eva…

Colo. Rev. Stat. § 19-2.5-801 Direct filing - definition

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(1) A juvenile may be charged by the direct filing of an information in the district court or by indictment only if the juvenile is sixteen years of age or older at the time of the commission of the alleged offense and: (a) Is alleged to have committed a class 1 or class 2 felony…

Colo. Rev. Stat. § 19-2.5-802 Transfers

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(1) (a) The juvenile court may enter an order certifying a juvenile to be held for criminal proceedings in the district court if: (I) A petition filed in juvenile court alleges the juvenile is: (A) Twelve or thirteen years of age at the time of the commission of the alleged offen…

Colo. Rev. Stat. § 19-2.5-901 Informal adjustment

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(1) The district attorney may request of the court at any time, either before, during, or after the filing of a petition, that the matter be handled as an informal adjustment if: (a) The juvenile and the juvenile's parents, guardian, or legal custodian have been informed of their…

Colo. Rev. Stat. § 19-2.5-902 Entry of plea

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(1) Upon the entry of a plea of not guilty to the allegations contained in the petition, the court shall set the matter for an adjudicatory trial. Except as set forth in section 19-2.5-610, the court shall hold the adjudicatory trial within sixty days after the entry of a plea of…

Colo. Rev. Stat. § 19-2.5-903 Deferral of adjudication

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(1) Except as set forth in subsection (2) of this section, in any case in which the juvenile has agreed with the district attorney to enter a plea of guilty, the court, with the consent of the juvenile and the district attorney, upon accepting the guilty plea and entering an orde…

Colo. Rev. Stat. § 19-2.5-904 Speedy trial - procedural schedule

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(1) The juvenile's right to a speedy trial is governed by section 18-1-405 and rule 48(b) of the Colorado rules of criminal procedure. (2) In bringing an adjudicatory action against a juvenile pursuant to this article 2.5, the district attorney and the court shall comply with the…

Colo. Rev. Stat. § 19-2.5-905 Evidentiary considerations

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(1) All statutes and rules of this state that apply to evidentiary considerations in adult criminal proceedings apply to proceedings pursuant to this title 19 except as otherwise specifically provided. (2) In any case brought pursuant to this title 19, the credibility of any witn…

Colo. Rev. Stat. § 19-2.5-906 Admissibility of evidence - legislative declaration - definitions

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(1) It is the intent of the general assembly that, when evidence is sought to be excluded from the trier of fact in a delinquency proceeding because of the conduct of a peace officer leading to its discovery, such evidence should not be suppressed if otherwise admissible when the…

Colo. Rev. Stat. § 19-2.5-907 Procedures at trial

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(1) At the adjudicatory trial, that must be conducted pursuant to section 19-1-106, the court shall consider whether the allegations of the petition are supported by evidence beyond a reasonable doubt. Jurisdictional matters of the age and residence of the juvenile are deemed adm…

Colo. Rev. Stat. § 19-2.5-908 Method of jury selection

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Examination and selection of jurors are governed by rule 47 of the Colorado rules of civil procedure; except that challenges for cause are governed by rule 24 of the Colorado rules of criminal procedure. Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136…