Colorado § 19-2.5-1532 - Juveniles committed to department of human services - transfers.

§ 19-2.5-1532. Juveniles committed to department of human services - transfers.

(1) The executive director of the department of human services may transfer a juvenile committed pursuant to section 19-2.5-1127 or 19-2.5-1103 among the facilities established pursuant to sections 19-2.5-1502 and 19-2.5-1527 to 19-2.5-1529; except that, before the juvenile is transferred, the juvenile shall be examined and evaluated, and the executive director shall review the evaluation before approving the transfer.

(2) When the executive director of the department of human services finds that the welfare and protection of a juvenile or of others requires the juvenile's immediate transfer to another facility, the executive director shall make the transfer prior to having the juvenile examined and evaluated.

(3) (a) A juvenile committed to the department of human services may be transferred temporarily to any state treatment facility for persons with behavioral or mental health disorders or intellectual and developmental disabilities for purposes of diagnosis, evaluation, and emergency treatment; except that a juvenile may not be transferred to a state treatment facility for persons with mental health disorders until the juvenile has received a mental health hospital placement prescreening resulting in a recommendation that the juvenile be placed in a facility for evaluation pursuant to section 27-65-106. A juvenile committed to the department of human services as an aggravated juvenile offender pursuant to section 19-2.5-1127 or violent juvenile offender pursuant to section 19-2.5-1126 (1)(c) must not be transferred until the treatment facility has a secure setting in which to house the juvenile. The period of temporary transfer pursuant to this subsection (3)(a) must not exceed sixty days.

(b) When a juvenile has remained in the treatment facility for sixty days, the treatment facility shall determine whether the juvenile requires further treatment or services, and, if so, the treatment facility shall confer with the sending facility concerning continued placement. If both facilities agree that the juvenile should remain in the treatment facility, the executive director of the department of human services shall be notified of the recommendation and may authorize an additional sixty-day placement. When an additional placement is authorized, the court must be notified of the transferred placement.

(c) During each subsequent sixty-day placement period, the juvenile shall be reevaluated by both the treatment facility and the sending facility to determine the need for continued transferred placement. The juvenile remains in transferred placement until the facilities agree that such placement is no longer appropriate. At that time the juvenile must be transferred back to the sending facility or to any other facility that the department of human services determines to be appropriate. The period of placement must not exceed the length of the original commitment to the department of human services unless authorized by the court after notice and a hearing.

(d) When a juvenile is in continued transferred placement and the treatment facility and the sending facility agree that the need for placement of the juvenile is likely to continue beyond the original period of commitment to the department of human services, the treatment facility shall initiate proceedings with the court having jurisdiction over the juvenile pursuant to article 65 of title 27 if the juvenile has a mental health disorder or pursuant to article 10.5 of title 27 if the juvenile has intellectual and developmental disabilities.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 706, § 2, effective October 1. L. 2022: (3)(a) amended, (HB 22-1256), ch. 451, p. 3231, § 34, effective August 10.

Editor's note: This section is similar to former § 19-2-923 as it existed prior to 2021.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

The general assembly intended to segregate children found to be in need of supervision from delinquents by providing that the former may not be initially placed in institutions for juvenile delinquents nor may they be transferred by the director of institutions to such institutions without approval of court. The general assembly also set up separate sections of the statute to separate the disposition and punishment of those adjudicated as children in need of supervision from those adjudicated as delinquent. People in Interest of D.R., 29 Colo. App. 525, 487 P.2d 824 (1971).

Applied in Leidig v. Delaney, 189 Colo. 186, 539 P.2d 1264 (1975).

ARTICLE 3

Dependency and Neglect

PART 1

DEFINITIONS

19-3-100.5. Legislative declarations - reasonable efforts - movement of children and sibling groups.

19-3-101. Definitions. (Repealed)

19-3-102. Neglected or dependent child.

19-3-103. Child not neglected - when.

19-3-104. Hearings - procedure.

PART 2

GENERAL PROVISIONS

19-3-201. Venue.

19-3-201.5. Change of venue - county department and county attorney responsibilities - rules.

19-3-202. Right to counsel and jury trial.

19-3-203. Right to guardian ad litem and counsel for youth.

19-3-204. Temporary protective custody. (Repealed)

19-3-205. Continuing jurisdiction.

19-3-206. Representation of petitioner.

19-3-207. Inadmissibility of certain evidence.

19-3-208. Services - county required to provide - out-of-home placement options - rules - definitions.

19-3-208.5. Pilot program - legislative declaration - child welfare - mental health services - rules - repeal. (Repealed)

19-3-209. Individual case plan - required.

19-3-210. Foster parents' bill of rights study - task force created - principles to be examined - report. (Repealed)

19-3-210.5. Foster parents' bill of rights.

19-3-211. Conflict resolution process - rules - definitions.

19-3-212. Notice of rights and remedies for families.

19-3-213. Placement criteria.

19-3-213.5. Placement transition plans - out-of-home placements in family-based settings - training - rules - definitions.

19-3-214. Placement reporting.

19-3-215. Foster care - capacity may be exceeded for sibling groups.

19-3-216. Rules.

19-3-217. Family time upon removal - rules.

19-3-218. Transferring temporary legal custody of a child or youth - advisement.

19-3-219. Language access.

PART 3

CHILD ABUSE OR NEGLECT

19-3-301. Short title.

19-3-302. Legislative declaration.

19-3-303. Definitions. (Repealed)

19-3-304. Persons required to report child abuse or neglect.

19-3-304.2. Mandatory reporter task force - creation - reporting - definitions - repeal. (Repealed)

19-3-304.3. Best practices and training for recognition of domestic abuse as child abuse or neglect - policies and procedures - rules.

19-3-304.4. Pre-adolescent services task force - duties - report - repeal. (Repealed)

19-3-304.5. Emergency possession of certain relinquished children - rules - legislative declaration - definitions.

19-3-305. Required report of postmortem investigation.

19-3-306. Evidence of abuse - color photographs and X rays.

19-3-307. Reporting procedures - definitions.

19-3-308. Action upon report of intrafamilial, institutional, or third-party abuse - investigations - child protection team - rules - report.

19-3-308.3. Differential response program for child abuse or neglect cases of low or moderate risk - rules - evaluation.

19-3-308.5. Recorded interviews of child.

19-3-309. Immunity from liability - persons reporting.

19-3-309.5. Preconfirmation safety plan agreement - first-time minor incidents of child abuse or neglect - rules.

19-3-310. Child abuse and child neglect diversion program.

19-3-310.5. Mediation - pilot program. (Repealed)

19-3-311. Evidence not privileged.

19-3-312. Court proceedings.

19-3-313. Central registry. (Repealed)

19-3-313.5. State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality.

19-3-314. Confidentiality of records. (Repealed)

19-3-315. Federal funds.

19-3-316. Protection orders and emergency protection orders. (Repealed)

19-3-317. Screening tool - human trafficking.

19-3-318. Study of child welfare caseworker resiliency programs - creation - membership - report - repeal. (Repealed)

19-3-319. Child advocacy centers - information sharing - civil immunity - definitions.

PART 4

TEMPORARY CUSTODY AND SHELTER

19-3-401. Taking children into custody.

19-3-402. Duty of officer - notification - release or detention.

19-3-403. Temporary custody - hearing - time limits - restriction - rules.

19-3-403.5. Temporary shelter.

19-3-404. Temporary shelter - child's home.

19-3-405. Temporary protective custody.

19-3-406. Relatives or kin as providers of emergency, nonemergency, or continued placement for children or youth - initial criminal history record check - fingerprint-based criminal history record check - criteria for disqualification - use of criminal justice records - rules - definitions.

19-3-407. Noncertified kinship care - requirement for background checks and other checks - definitions. (Repealed)

PART 5

PETITION, ADJUDICATION, DISPOSITION

19-3-500.2. Legislative declaration.

19-3-501. Petition initiation - preliminary investigation - informal adjustment.

19-3-502. Petition form and content - limitations on claims in dependency or neglect actions.

19-3-503. Summons - issuance - contents - service.

19-3-504. Contempt - warrant.

19-3-505. Adjudicatory hearing - findings - adjudication.

19-3-506. Child with a mental health disorder or an intellectual and developmental disability - procedure.

19-3-507. Dispositional hearing - rules.

19-3-508. Neglected or dependent child or youth - disposition - concurrent planning - definition.

PART 6

TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP

19-3-601. Short title.

19-3-602. Motion for termination - separate hearing - right to counsel - no jury trial.

19-3-603. Notice - abandonment.

19-3-604. Criteria for termination.

19-3-605. Request for placement with family members.

19-3-606. Review of child's disposition following termination of the parent-child legal relationship.

19-3-607. Expert testimony.

19-3-608. Effect of decree.

19-3-609. Appeals - time requirements.

19-3-610. Budgetary allocation for expenses.

19-3-611. Review of decisions regarding placement of children. (Repealed)

19-3-612. Reinstatement of the parent-child legal relationship - circumstances - petition - hearings - legislative declaration.

PART 7

REVIEW OF PLACEMENT

19-3-701. Petition for review of need for placement. (Repealed)

19-3-702. Permanency hearing.

19-3-702.5. Periodic reviews.

19-3-703. Permanent home. (Repealed)

19-3-704. Youth with disabilities - incapacitated persons.

19-3-705. Transition hearing.

PART 8

TASK FORCE ON THE COLLECTION AND SECURITY OF DIGITAL IMAGES OF CHILD ABUSE OR NEGLECT

19-3-801 to

19-3-805. (Repealed)

PART 9

TASK FORCE ON HIGH-QUALITY PARENTING TIME

19-3-901 to

19-3-905. (Repealed)

PART 1

DEFINITIONS