Title 19, Children's Code

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…

(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…

(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…

(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…

(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…

(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…

(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 …

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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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…

(1) All motions for a new trial must be made pursuant to rule 33 of the Colorado rules of criminal procedure. (2) If the juvenile was not represented by counsel, the court shall inform the juvenile and the juvenile's parent, guardian, or legal custodian at the conclusion of the t…

(1) At the time of the entry of adjudication or at any time thereafter, upon the request of the adjudicated juvenile or upon the court's own motion, a court may enter an order of collateral relief in the juvenile's case for the purpose of improving the juvenile's likelihood of su…

(1) When an unaccompanied child in the custody of the federal office of refugee resettlement housed in a facility in Colorado has been subjected to parental abuse or neglect as defined in section 19-1-103 (1)(a) or subjected to the parental actions and omissions listed in section…

(1) The general assembly finds and declares that: (a) Child abuse and neglect is a serious and reprehensible problem in society; (b) The protection of children from abuse and neglect by applying prevention measures and observing best practices in treating children who are abused …

As used in this article 3.3, unless the context otherwise requires: (1) "Board" means the child protection ombudsman board established pursuant to section 19-3.3-102 (2)(a). (2) "Complaint" means a report or complaint relating to an action, inaction, or decision of a public agenc…

(1) (a) The independent office of the child protection ombudsman is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for the children of Colorado. (a.5) The office and the judicial department shall operate pursua…

(1) The ombudsman has the following duties, at a minimum: (a) To receive and conduct an independent and impartial investigation of complaints concerning child protection services, including: (I) Complaints made by or on behalf of a child; (II) Complaints made by or on behalf of a…

(1) (a) (I) In investigating a complaint, the office has the authority to request, access, and review any information, records, or documents, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint or event d…

(1) The ombudsman, employees of the office, and any person acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department of early childhood, the state department, or a county department with respect to the treatment of conf…

The ombudsman and employees or persons acting on behalf of the office are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property, or for personal injury or other civil liability caused by or arising out o…

(1) On or before September 1 of each year, commencing with the September 1 following the first fiscal year in which the office was established, the ombudsman shall prepare a written report that must include, but need not be limited to, information from the preceding fiscal year a…

At the discretion of the legislative audit committee, the state auditor shall conduct or cause to be conducted a performance and fiscal audit of the office. Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 981, § 1, effective May 14. L. 2014: Entire section amended…

The ombudsman shall make funding recommendations to the joint budget committee of the general assembly for the operation of the office of the child protection ombudsman. The general assembly shall make annual appropriations, in such amount and form as the general assembly determi…

(1) As used in this section, unless the context otherwise requires: (a) "Child or youth who has run away" means a child or youth who has left and remains away from a residential child care facility without permission. (b) "Residential child care facility" has the same meaning as …

(1) (a) A state-licensed residential child care facility and a facility shall provide physical access to their facilities pursuant to this subsection (1)(a). The office may only access a state-licensed residential child care facility or a facility in coordination with the facilit…

The short title of this article 4.5 is the "Colorado Surrogacy Agreement Act". Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 409, § 1, effective May 6.

(1) The general assembly finds and declares that surrogacy agreements executed pursuant to this article 4.5 are in accord with the public policy of this state. (2) The general assembly further finds and declares that the purpose of this article 4.5 is to: (a) Establish consistent…

As used in this article 4.5, unless the context otherwise requires: (1) "Assisted reproduction" means a method of causing pregnancy through means other than by sexual intercourse. In the foregoing context, the term includes, but is not limited to: (a) Intrauterine or intracervica…

(1) To execute an agreement to act as a gestational surrogate or genetic surrogate, an individual must: (a) Be at least twenty-one years of age; (b) Previously have given birth to at least one child; (c) Complete a medical evaluation related to the surrogacy arrangement by a lice…

(1) A surrogacy agreement must be executed in compliance with the following rules: (a) At least one party must be a resident of this state, or the birth will occur or is anticipated to occur in this state, or the assisted reproduction performed pursuant to the surrogacy agreement…

(1) A surrogacy agreement must comply with the following requirements: (a) A gestational surrogate or genetic surrogate agrees to attempt to become pregnant by means of assisted reproduction; (b) Except as otherwise provided in section 19-4.5-111, the gestational surrogate or gen…

(1) Unless a surrogacy agreement expressly provides otherwise: (a) The marriage of a gestational surrogate or genetic surrogate after the agreement is signed by all parties does not affect the validity of the agreement, their spouse's consent to the agreement is not required, and…

(1) A party to a surrogacy agreement may terminate the agreement, at any time before a gamete or an embryo transfer, by giving notice of termination in a record to all other parties. If a gamete or an embryo transfer does not result in a pregnancy, a party may terminate the agree…

(1) Except as otherwise provided in subsection (3) of this section or section 19-4.5-110 (2) or 19-4.5-112, on birth of a child conceived by assisted reproduction under a surrogacy agreement, each intended parent is, by operation of law, a parent of the child. (2) Except as other…

(1) Section 19-4.5-109 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child. (2) Except as otherwise provided in section 19-4.5-112, an intended parent is not a parent of a child con…

(1) Except as otherwise provided in section 19-4.5-110 (2) or 19-4.5-112, before, on, or after the birth of a child conceived by assisted reproduction pursuant to a surrogacy agreement, a party to the agreement may commence a proceeding in a juvenile court in this state by filing…

(1) A surrogacy agreement that complies with sections 19-4.5-104, 19-4.5-105, and 19-4.5-106 is enforceable. (2) If a child was conceived by assisted reproduction under a surrogacy agreement that does not comply with sections 19-4.5-104, 19-4.5-105, and 19-4.5-106, the court shal…

(1) The establishment of the parent and child relationship pursuant to a valid surrogacy agreement, court order of parentage, and this article 4.5 is the basis upon which an action for child support may be brought against the intended parent and acted upon by the court or the del…