B.  Temporary Custody Hearing



After removal, the court must hold a temporary custody hearing (also called a shelter or detention hearing, or preliminary protective proceeding) to determine further custody of the child, or whether the emergency protection order should continue. Time frames for holding a custody hearing depend upon the child’s placement and authority for placement:
  • If the child is in a juvenile detention facility, the court must hold a hearing within twenty-four hours of placement (excluding Saturdays, Sundays, and legal holidays).
C.R.S. § 19-3-403(2)
  • If the child was picked up by law enforcement and placed in a shelter facility or temporary holding facility not operated by DHS, the court must hold a hearing within forty-eight hours of placement (excluding Saturdays, Sunday, and legal holidays).
C.R.S. § 19-3-403(3.5)
  • If the court entered an emergency protective order, or if the child was placed with DHS, the court must hold a hearing within seventy-two hours of placement (excluding Saturdays, Sunday, and legal holidays).
C.R.S. § 19-1-115(c)(6.7)
  • Courts may not enter nunc pro tunc orders.
C.R.S. § 19-1-115)(c)(6.7)
An order related to out of home placement is effective on the date that the order is signed by the court. A court is not to use the words “nunc pro tunc” in its written order, but is to use the phrase “the effective date of this order is.”

P.F.M. v. District Court, 184 Colo. 393, 520 P.2d 742 (1974)
 DHS’ failure to request a timely custody hearing does not deprive the court of jurisdiction.

C.R.S. §19-3-403(3.6)(a)(V)



W.H. v. Juvenile Court, 735 P.2d 191 (Colo. 1987)









C.R.S.§19-3-403(3.6)(a)(V)
Temporary custody options include:
  • In evaluating whether the court should grant, transfer or continue temporary custody with DHS, the court must determine whether it is satisfied from the information presented at the hearing that such custody is appropriate and in the child’s best interests.
  • The court should not apply the D&N adjudication or disposition standard at the temporary custody hearing. In W.H. v. Juvenile Court, a nine-year-old boy had run away from home. When police found him, he had extensive bruising on his arm, which he stated was caused by his stepfather hitting him repeatedly with a plastic bat. At the temporary custody hearing, the trial court held the incident did not meet the statutory D&N definitions. The Colorado Supreme Court reversed and remanded, because the court should have evaluated whether placement was in the child’s best interests.
  • The court may also consider and give preference to giving temporary custody to a child’s relative who is appropriate, capable, willing and available for care if it is in the best interests of the child and if the court finds there is no suitable birth or adoptive parent available, with due diligence being exercised in attempting to locate any such parent.
  • The court may enter any other appropriate orders.
C.R.S. § 19-3-403(3.6)(a)(II)
At the temporary custody hearing, the court may consider any information having probative value, regardless of its admissibility under the rules of evidence. The standard for receipt of evidence at the temporary custody hearing is much more liberal than at other hearings. The court may consider “any information having probative value.” Despite this liberal standard, the court should exercise care to exclude evidence that is not reliable. Regardless of the evidentiary standard, the court should be consistent in its evidentiary rulings, so the parties may plan for the type and quality of evidence to be presented at temporary custody hearings.