| F. Temporary Custody |
| C.R.S. § 19-3-312(1);
C.R.S. § 19-3-405. |
DHS may seek a court order for custody of a child at any time of the day or night. |
| C.R.S. § 19-3-403(3.5) |
If
custody is
granted by the court, the parent or guardian is entitled to a hearing
within 72
hours, excluding weekends and holidays.
|
| C.R.S. § 19-3-401 |
Law
enforcement may take a child into custody without a court order when
the child
is abandoned, lost, seriously endangered or seriously endangers others,
and
immediate removal appears necessary to protect the child or to protect
others;
or when there are grounds to believe the child has run away from home
and the
parent, guardian, or legal custodian has not made a runaway report.
|
| C.R.S. § 19-3-403(2) |
If
this is
done, and the child is placed in a temporary facility not operated by
DHS, law
enforcement must promptly notify the court. The parent or guardian is entitled to a hearing on
this decision within
48 hours, excluding weekends and holidays.
|
| C.R.S. § 19-3-406(4) |
A
child may
not be placed in emergency placement with a person with specified
criminal
history, such as child abuse, a crime of violence, unlawful sexual
behavior,
felony domestic violence, felony assault, felony drug offense,
violation of a
protective order, or homicide.
|
| C.R.S. § 19-3-401(3)(a) |
A
newborn
child who is not in a hospital setting may not be taken into custody
for more
than twenty-four hours without a court order. The court order for custody must include findings
that an emergency
situation exists, and that the newborn child is seriously endangered.
|
| C.R.S. § 19-3-401(3)(b) |
A
newborn
child who is in a hospital setting may not be taken into temporary
protective
custody without a court order. The
court
order for custody must include findings that an emergency situation
exists, and
that the newborn child is seriously endangered.
|
| C.R.S. § 19-3-401(3)(c) |
However,
the
court order is not required when :
|