Colorado § 19-7-309.5 - Initial hearings.

§ 19-7-309.5. Initial hearings.

(1) The court shall set the matter for an initial hearing within fifty-six days of receipt of a petition filed pursuant to this section, and the court shall appoint counsel for youth for the petitioning youth. If the office of the child's representative has already assigned counsel, the court shall appoint the same attorney.

(2) At the initial hearing, the court shall advise the youth that:

(a) Services provided through the transition program are voluntary for the youth, and the youth may remain in the transition program until the last day of the month in which the youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, so long as the youth meets all other program eligibility requirements pursuant to section 19-7-304;

(b) If the youth chooses to leave the transition program but later decides support is needed, the youth has the right to begin receiving child welfare services again through the transition program; and

(c) The youth has the right to counsel.

(3) At the initial hearing, the court shall determine:

(a) Whether the youth has voluntarily entered foster care and that the county department has legal authority for placement;

(b) Whether it is in the best interest of the youth to be voluntarily placed in foster care; and

(c) If one of the following applies:

(I) The youth was removed from home prior to the youth reaching eighteen years of age pursuant to a judicial determination that it was contrary to the youth's welfare to remain in the home, that reasonable efforts were made to keep the youth in the home, and that because the youth has remained in foster care continuously, a new court-ordered removal is not required; or

(II) Reasonable efforts to prevent removal were not required because a youth who is eighteen years of age or older may enter into the voluntary services agreement on the youth's own behalf.

(4) If the court determines that the requirements of subsection (3) of this section are met, the court shall follow procedures for a periodic review hearing as described in section 19-7-312, as applicable.

(5) (a) When a youth has been adjudicated dependent and neglected pursuant to section 19-3-102, or when there is sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section 19-1-103 (1), the court shall enter a finding that the youth is dependent on the court, as defined in section 19-1-103 (53.5). The court may enter special findings establishing the youth's eligibility for designation as a special immigrant juvenile pursuant to federal law, including:

(I) Declaring the youth dependent;

(II) Determining that reunification of the youth with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this subsection (5)(a)(II), "abandonment" includes, but is not limited to, the death of one or both parents.

(III) Determining that it is not in the best interests of the youth to be returned to the youth's or parents' previous country of nationality or country of last habitual residence.

(b) The order may be entered at any time following the filing of the petition or at the hearing.

Source: L. 2022: Entire section added, (HB 22-1245), ch. 88, p. 421, § 11, effective August 10. L. 2024: (5) amended, (SB 24-119), ch. 33, p. 104, § 6, effective August 7.