B.  Contents of the Petition

C.R.S. § 19-3-502
The petition must state facts to establish the court’s jurisdiction. Statements may be made “upon information and belief.” 

C.R.S. § 19-3-502(2.7)
25 U.S.C.A. § 1912
The petition must include a statement indicating what continuing inquiries DHS has made in determining whether the child is an Indian child, and if so, the identity of the child’s tribe.

42 U.S.C.A. § 671(a)(15)
The petition must include a section on reasonable efforts.

C.R.S. § 19-3-502(2.5)
If removal is requested, it must state whether preventive services were offered or could not be offered because of an emergency situation. 

C.R.S. § 19-1-115(6)
If the child has already been removed, it must explain what services were offered to reunify the family or that reunification is inappropriate because of “aggravated circumstances.”

C.R.S. § 19-3-502(3)
The petition must warn parents of potential termination. It must state that termination of the parent-child relationship is a possible remedy. 

It must also include 

  1. an explanation of the permanency hearing requirement if the child is placed out of the home for a period of twelve months; and
  2. the right to object to the administrative review in favor of a court review for the three month review.
C.R.S. § 19-3-102(1)(a)
 C.R.S. § 19-3-102(1)(a)
 C.R.S. § 19-3-102(1)(b)
 C.R.S. § 19-3-102(1)(c)
 C.R.S. § 19-3-102(1)(d)
 C.R.S. § 19-3-102(1)(e)
 C.R.S. § 19-3-102(1)(f)
 C.R.S. § 19-3-102(2)
1.  Dependency and Neglect Definitions

The following are the statutory definitions of a child who is dependent or neglected.

  • Abandoned;
  • Mistreated or abused;
  • Lacking parental care;
  • Subject to an injurious home environment;
  • Neglected;
  • Homeless;
  • Beyond parental control;
  • Abused child’s sibling;

These definitions are discussed in more detail in the section on adjudication.

C.R.S. § 19-3-502
2.  Completeness of Petition

The following questions may be helpful in determining whether the D&N petition is complete.

  • Title;
  • Child’s name, age and residence;
  • Respondents’ names and residences;
  • Indian child inquiry;
  • D&N definition alleged;
  • Factual allegations;
  • Reasonable efforts;
  • Termination warning;
  • Permanency hearing notice;
  • Right to court review;
  • Verification.