| A. Venue |
| C.R.S. § 19-3-201(1) and (2) |
In D&N cases,
proper venue is the county where the child resides or is present. If
a D&N petition is filed in a county other than the child’s
residence, the court may transfer the case.
|
| C.R.S. § 19-6-102 |
In paternity and
support cases, proper venue is the county where the child resides, the
county where the obligor resides, or the county where the public
assistance is or was being paid.
|
| C.R.S. § 19-5-102 |
In relinquishment
cases, proper venue is the county where the child resides, the county
where the petitioner resides, or the county where the child placement
agency is located.
|
| C.R.S. § 19-5-204 |
In adoption cases,
proper venue is the county where the petitioner resides, or the county
where the child placement agency is located.
|
| C.R.S. § 22-33-108(1.5) |
In truancy cases,
proper venue is the county where the child resides or is present. Venue
may be changed at the discretion of the court on the motion of any
party or on the court’s own motion, to the court in the district where
the child resides.
|
| 1. Transfer of Venue |
| C.R.S. § 19-3-201(2) |
In D&N cases,
transfers of venue may only be made after adjudication. The
court may transfer a case to the county where the child resides after
adjudication, if it would not be detrimental to the child’s interests. The
transfer may be made on the court’s motion or on a motion of an
interested party.
|
| C.R.S. § 19-3-201(2) |
For children under
six, avoid transfer of venue. If a child is under
six, a presumption exists that transferring the case would result in
delay and be detrimental to the child’s interests. This
presumption may be rebutted by a preponderance of the evidence.
|
| C.R.S. § 19-3-201(3) |
Transferred cases
proceed in the same manner as originally filed petitions. The
transferring court must transmit all documents and reports to the
receiving court.
|
| 2. Considering Transfer of Venue
In deciding whether to transfer venue, one important consideration is availability of services. For example, if the county where the petition was filed has more culturally competent service providers than the county where the child resides, it may be in the child’s best interest not to transfer the case. Courts will sometimes decline to accept change of venue in a D&N case. To avoid delays, DHS should confer with the court to which venue is to be transferred to ensure it is prepared to accept the case once it is transferred, and report its findings to the transferring court. |