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Colorado Revised Statutes Title 19. Children's Code § 19-3-501. Petition initiation--preliminary investigation--informal adjustment

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Whenever it appears to a law enforcement officer or other person that a child is or appears to be within the court's jurisdiction, as provided in this article 3, the law enforcement officer or other person may refer the matter to the court, which shall make a preliminary investigation to determine whether the interests of the child or of the community require that further action be taken. The probation department, county department of human or social services, or any other agency designated by the court shall make the investigation. On the basis of the preliminary investigation, the court may:

(a) Decide that no further action is required, either in the interests of the public or of the child;

(b) Authorize a petition to be filed; or

(c)(I) Make whatever informal adjustment is practicable without a petition if:

(A) The child and his parents, guardian, or other legal custodian were informed of their constitutional and legal rights, including being represented by counsel at every stage of the proceedings;

(B) The facts are admitted and establish prima facie jurisdiction; except that such admission shall not be used in evidence if a petition is filed; and

(C) Written consent is obtained from the parents, guardian, or other legal custodian and also from the child, if of sufficient age and understanding.

(II) Efforts to effect informal adjustment may extend no longer than six months.

(2)(a) Upon receipt of a report filed by a law enforcement agency, or any other person required to report pursuant to section 19-3-304(2) indicating that a child has suffered abuse as defined in section 19-1-103(1) and that the best interests of the child require that he be protected from risk of further such abuse, the court shall then authorize and may order the filing of a petition.

(b) Upon receipt of a report, as described in paragraph (a) of this subsection (2), from any person other than those specified in said paragraph (a), the court, after such investigation as may be reasonable under the circumstances, may authorize and may order the filing of a petition.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 19. Children's Code § 19-3-501. Petition initiation--preliminary investigation--informal adjustment - last updated January 01, 2025 | https://codes.findlaw.com/co/title-19-childrens-code/co-rev-st-sect-19-3-501/

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