Colorado § 19-3-401 - Taking children into custody.

§ 19-3-401. Taking children into custody.

(1) A child may be taken into temporary custody by a law enforcement officer without order of the court:

(a) When the child is abandoned, lost, or seriously endangered in such child's surroundings or seriously endangers others and immediate removal appears to be necessary for such child's protection or the protection of others;

(b) When there are reasonable grounds to believe that such child has run away or escaped from such child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has not made a report to a law enforcement agency that the child has run away from home; or

(c) When an arrest warrant has been issued for such child's parent or guardian on the basis of an alleged violation of section 18-3-304, C.R.S. No child taken into temporary custody pursuant to this paragraph (c) shall be placed in detention or jail.

(1.3) A child shall be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe the child has run away from the child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has made a report to a law enforcement agency that the child has run away from home.

(1.5) An emergency exists and a child is seriously endangered as described in paragraph (a) of subsection (1) of this section whenever the safety or well-being of a child is immediately at issue and there is no other reasonable way to protect the child without removing the child from the child's home. If such an emergency exists, a child shall be removed from such child's home and placed in protective custody regardless of whether reasonable efforts to preserve the family have been made.

(2) The taking of a child into temporary custody under this section shall not be deemed an arrest, nor shall it constitute a police record.

(3) (a) Notwithstanding subsections (1) and (1.5) of this section and except as otherwise provided in subsections (3)(b) and (3)(c) of this section, a newborn child, as defined in section 19-1-103, who is not in a hospital setting must not be taken into temporary protective custody for a period of longer than twenty-four hours without an order of the court made pursuant to section 19-3-405 (1). The order must include findings that an emergency situation exists and that the newborn child is seriously endangered as described in subsection (1)(a) of this section.

(b) A newborn child, as defined in section 19-1-103, who is in a hospital setting must not be taken into temporary protective custody without an order of the court made pursuant to section 19-3-405 (1). The order must include findings that an emergency situation exists and that the newborn child is seriously endangered as described in subsection (1)(a) of this section. A newborn child may be detained in a hospital by a law enforcement officer upon the recommendation of a county department or by a physician, registered nurse, licensed practical nurse, or physician assistant while an order of the court pursuant to section 19-3-405 (1) is being pursued, but the newborn child must be released if a court order pursuant to section 19-3-405 (1) is denied.

(c) The court orders required by subsections (3)(a) and (3)(b) of this section are not required in the following circumstances:

(I) When a newborn child is identified by a physician, registered nurse, licensed practical nurse, or physician assistant engaged in the admission, care, or treatment of patients as being affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure;

(II) When the newborn child's only identifiable birth parent has been determined by a physician, registered nurse, or qualified mental health professional to meet the criteria specified in section 27-65-106 for custody, treatment, and evaluation of a mental health disorder or grave disability;

(III) When both of the newborn child's birth parents have been determined by a physician, registered nurse, or qualified mental health professional to meet the criteria specified in section 27-65-106 for custody, treatment, and evaluation of a mental health disorder or grave disability; or

(IV) When the newborn child is subject to an environment exposing the newborn child to a laboratory for manufacturing controlled substances as defined in section 18-18-102 (5), C.R.S.

(d) At the time a law enforcement officer takes a newborn child into temporary protective custody, the law enforcement officer shall provide the notices required by sections 19-3-402 and 19-3-212 directly to the newborn child's identifiable birth parent or parents in both verbal and written form. Such notices may be provided to the child's identifiable birth parent or parents in a language that the birth parent or parents understand, and the law enforcement officer may designate another person to assist him or her in providing such written and verbal notices to fulfill this requirement, if necessary.

(e) If a newborn child is taken into temporary protective custody pursuant to this subsection (3), the county department may contact the child's identifiable birth parent or parents to obtain the names of any relatives or other persons in the parent's or parents' community who may be appropriate, capable, and willing to care for the newborn child prior to the hearing required by section 19-3-403. In addition, if the identifiable parent or parents are not citizens of the United States, the county department may request the parent's or parents' consent to notify the parent's or parents' government of origin of the situation and, if consent is given, may contact the parent's or parents' government of origin.

Source: L. 87: Entire title R&RE, p. 775, § 1, effective October 1. L. 93: Entire section amended, p. 1016, § 5, effective July 1. L. 2004: (3) added, p. 429, § 2, effective July 1. L. 2006: (1)(b) amended and (1.3) added, p. 337, § 1, effective April 5. L. 2010: (3)(c)(II) and (3)(c)(III) amended, (SB 10-175), ch. 188, p. 791, § 43, effective April 29. L. 2016: (3)(b) and (3)(c)(I) amended, (SB 16-158), ch. 204, p. 727, § 16, effective August 10. L. 2017: IP(3)(c), (3)(c)(II), and (3)(c)(III) amended, (SB 17-242), ch. 263, p. 1314, § 161, effective May 25. L. 2018: (3)(b) amended, (SB 18-092), ch. 38, p. 420, § 55, effective August 8. L. 2021: (3)(a) and (3)(b) amended, (SB 21-059), ch. 136, p. 731, § 76, effective October 1. L. 2022: (3)(c)(II) and (3)(c)(III) amended, (HB 22-1256), ch. 451, p. 3232, § 35, effective August 10.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-2-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Cross references: For the legislative declaration contained in the 2004 act enacting subsection (3), see section 1 of chapter 140, Session Laws of Colorado 2004. For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

ANNOTATION

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

Officer justified in making warrantless entry to secure safety of infant when mother had stopped officer on patrol asking him to help "get my baby back" after it had been seized by father "who had been drinking" and where father refused to allow officer into apartment to check on crying infant. People v. Malczewski, 744 P.2d 62 (Colo. 1987).