| F. Notice |
| C.R.S. § 19-3-503(3) C.R.S. § 19-3-702(2) |
The notice
summarizes the petition or motion. It
recites the constitutional rights of the child and parent or guardian,
including
the right to counsel.
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| C.R.S. § 19-3-502(3) C.R.S. § 19-3-313.5(3) |
In D&N cases, notice of hearings is required for all parties, including the child’s GAL. |
C.R.S. § 19-3-502(7) C.R.S. § 19-1-209(3) |
Also
entitled
to notice are:
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| C.R.J.P. 2.2 |
Once
the
court has acquired jurisdiction over a party, subsequent pleadings and
notice
may be served by regular mail.
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C.R.S. § 19-3-507(5) Smith v. Org. of Foster Families, 431 |
1.
Caregiver Notice
Notice is mandated for the child’s caregiver, for any hearing involving the child. This includes foster parents, preadoptive parents, or relatives with whom the child is placed. |
| C.R.S. § 19-3-502(7) |
They
are not
parties but get an opportunity to be heard. The notice to parents and other relatives must not
include the
caregiver’s last name, address or other identifying information. Notice must also be
provided of any
administrative review of the child’s case.
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The
court
should recognize caregivers who attend hearings, thank them for
attending and
ask if they have anything that they would like to say. Foster parents, pre-adoptive parents, or
relatives who are caring for the child provide a rich resource for the
court in
determining what the child needs. While
some fear that having such persons attend will only delay the child’s
case, in
practice this has not proven to be true. If the foster parent chooses to be heard, the issue
is often one that is
important to the daily life of the child, of which the judge or
magistrate
would not otherwise have been aware.
The court may decide the required notice should be provided by DHS, particularly as the notice may not include the caregiver’s identifying information. If the court were to give notice, a separate, secure file with identifying information of caregivers would have to be maintained. |
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C.R.S. § 19-3-605(1) C.R.S. § 19-5-104(2) |
2.
Notice for Relatives
Only relatives who are caregivers and who are allowed by the court to intervene as parties receive notice. Other relatives are not entitled to notice. Also, relatives are not entitled to notice of a relinquishment or termination motion. |
| C.R.S. § 19-1-103(56)(b) People in the Interest of J.W.W., 936 P.2d 599 ( |
After
termination, they have no right to intervene or to visit, and do not
receive
notice of an adoption.
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C.R.S. § 19-5-108 C.R.S. § 19-5-103.5(1) and (2) |
3.
Notice of Relinquishments
For relinquishments, the parent or parent’s counsel must give notice to the child support enforcement unit. If no adoption is pending and the relinquishing parent has assigned rights of support for the child, the child support enforcement unit must receive notice of a relinquishment petition. Notice of a relinquishment proceeding involving a child less than one year of age must be given to all possible birth parents. The notice must inform the possible birth parents that failure to file an answer or to appear within 20 days after service, and in the case of an alleged father, the failure to file a claim of paternity, may likely result in termination of the parents’ rights. Proof of such notice must be filed with the court. |
| C.R.S. § 22-33-108(5) |
4.
Notice in Truancy Cases
In truancy cases, written notice by the attendance officer of the initiation of the truancy proceeding must be given to the child and to the child’s parent, no sooner than five days before the date of the hearing. |
| 25 U.S.C.A. § 1912 |
5.
Notice to the Tribe
In D&N cases, the child’s tribe must be given notice if the court has reason to know the child is American Indian. Parents and any Indian custodians must also be given notice. Notice must be by registered mail with return receipt requested. The court cannot hold a hearing until at least 10 days after the parent or Indian custodian and the tribe or the Secretary of the Interior receive notice. The court must grant another 20 days to prepare if requested. |
| 25 U.S.C.A. § 1912 |
If
a parent
is a member or eligible for membership in a Native American Tribe,
notice of
the relinquishment must be given to the tribe.
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| 25 U.S.C.A. § 1915 |
In
adoptions,
if the child is a member or eligible for membership in a Native
American Tribe,
a record of the placement must be maintained by the state, and must be
made
available at any time upon request by the Secretary or the Indian tribe.
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