G.  Court Action

C.R.S. § 19-3-501
If there is suspected child abuse or neglect, anyone may request juvenile court jurisdiction. The court must then order an immediate investigation to determine if the child needs court protection. The investigation may be made by DHS, the probation department, or any other agency designated by the court.

C.R.S. § 19-3-309.5
C.R.S. § 19-3-312(1)
Generally, DHS must notify the court only if the report is serious enough for the court to order an investigation or the filing of a D&N petition. DHS usually does not notify the court if it handles the case through voluntary services to the family.

C.R.S. § 19-3-501(2)
On the basis of a report of child abuse or neglect made by a mandated reporter, the court may authorize or may order the filing of a petition in dependency and neglect.

C.R.S. § 19-3-501(1)(c)
The court may also authorize an informal adjustment, without a petition, provided:
  • The child and his or her parents, guardian, or other legal custodian are advised of their rights, including the right to counsel, at every stage of the proceedings;
  • The facts are admitted and establish prima facie jurisdiction (except that such admission may not be used in evidence if a petition is filed); and
  • Written consent is obtained from the parents, guardian, or other legal custodian and also from the child (if the child is old enough).
C.R.S. § 19-3-403(6)
If the child’s parent, guardian, or custodian cannot be located, the court may, at any time of the day or night, authorize or consent to emergency medical treatment.

C.R.S. § 19-3-308(3)
If the investigator is denied access to the child, the juvenile court may, upon a showing of good cause, order the responsible person to allow access to the child. A responsible person who refuses to comply with the order may be held in contempt after a show cause hearing. The person may be jailed without bond until the child is produced or the person is proved unable to help give information about the child.

Reference
The Fifth Amendment privilege against self-incrimination may not be used to circumvent a court’s order directing a parent to produce a child to authorities.

C.R.S. § 19-1-112(1) and (3)
If the child must be found or taken into custody, the court may issue a search warrant. The request must be in writing and supported by affidavit. Probable cause must be shown.

C.R.S. § 19-1-112(2)
The warrant must include:
  • Child’s name or description;
  • Place to be searched;
  • Grounds for probable cause; and
  • Names of those who gave supporting affidavits.
C.R.S. § 19-1-112(7)
The person in possession of the place to be searched must be served. Service must include the warrant, application and supporting affidavits. 

C.R.S. § 19-1-112(6)
They should be served in the daytime, but the court may order them served at night if necessary.