Colorado § 19-3-609 - Appeals - time requirements.

§ 19-3-609. Appeals - time requirements.

(1) Appeals of court decrees made under this part 6 shall be given precedence on the calendar of the appellate court over all other matters unless otherwise provided by law.

(2) Whenever an appeal is made under this part 6, an indigent parent, upon request, shall be provided a transcript of the trial proceeding for the appeal at the expense of the state pursuant to section 19-3-610.

(3) All written orders by the district court from any appealable hearing must be made within thirty-five days after the hearing to provide timely permanency for the child or children who are the subject of the appeal.

Source: L. 87: Entire title R&RE, p. 790, § 1, effective October 1. L. 2022: (3) added, (HB 22-1113), ch. 56, p. 261, § 3, 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Editor's note: This section was contained in a title that was repealed and reenacted in 1987.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 19-11-109 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Cross references: For the legislative declaration in HB 22-1113, see section 1 of chapter 56, Session Laws of Colorado 2022.

ANNOTATION

Law reviews. For casenote, "People in the Interest of A.M.D.: Are Parental Rights Terminated Too Easily in Colorado?", see 55 U. Colo. L. Rev. 423 (1984).

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

Determination of indigency lies within the discretion of the trial court. Where a party has failed to provide documentation of indigency as ordered by the trial court, the court may deny such party a free transcript and such denial is not error. People in Interest of M.N., 950 P.2d 674 (Colo. App. 1997).

A party who proceeded as an indigent in the trial court may proceed as an indigent on appeal without further authorization unless the court finds, in writing, that the party is no longer entitled to so proceed. The trial court may order the production of any documents or evidence it deems necessary to determine continuing indigency. People in Interest of M.N., 950 P.2d 674 (Colo. App. 1997).

An appointed lawyer for an indigent parent during dependency and neglect proceedings cannot withdraw solely because the lawyer determines the appeal to be without merit. Rather the lawyer must nonetheless file petitions on appeal in accordance with appellate rules. A.L.L. v. People, 226 P.3d 1054 (Colo. 2010).

Minute orders showing that magistrate accepted father's admission, sustained the petition in dependency and neglect, and approved treatment plan for father became appealable upon entry of judgment of termination. People ex rel. T.E.M., 124 P.3d 905 (Colo. App. 2005).

Applied in People in Interest of A.M.D., 648 P.2d 625 (Colo. 1982).