C.  Respondents

C.R.S. § 19-3-502(5)
All persons who caused or permitted abuse or neglect must be named respondents. That includes responsible person and any parent, guardian or legal custodian alleged to have abused or neglected the child. If it is in the child’s best interests to do so, the county attorney may also include the other parent, guardian, legal custodian, and stepparent or spousal equivalent.

C.R.S. § 19-1-103(82)(a)
 C.R.S. § 19-1-103(60)

C.R.S. § 19-1-103(73)(a)
C.R.S. § 19-1-103(35)

C.R.S. § 19-1-103(94)


C.R.S. § 19-1-103(104)
 C.R.S. § 19-1-103(101)
1.  Potential Respondents

The following are potential respondents with the statutory definitions.

  • A parent is the child’s birth parent or adoptive parent.
  • A guardian is the person vested by the court with the duty and authority to make major decisions affecting the child.
  • The legal custodian is the person vested by the court with the right of care, custody and control of the child, and the duty to provide food, shelter, clothing, medical care, education and discipline.
  • The custodian is the person who has been providing shelter, food, clothing, and other care for the child as a parent would, whether or not by court order.
  • The responsible person is the child’s parent, guardian, legal custodian, or anyone responsible for the child’s health and welfare.
  • The stepparent is the person married to the child’s parent, who has not adopted the child.
  • The spousal equivalent is the person in a family-type living arrangement with the parent who would be a stepparent if married to the parent.


2.  Including Fathers

To avoid delays caused by unresolved paternity rights, the court should insist that all potential parents be included from the start. The court should require all parents to be listed in D&N petitions, so that jurisdiction over all parents can be established.

C.R.S. § 19-1-103(100)
3.  Special Respondents

Other adults may be joined as “special respondents.” 


C.R.S. § 19-3-502(6)
Special respondents are subject to protective orders and treatment plans. To be a special respondent, the person must meet one of the following criteria:
  • Lives with the child;
  • Assumed a special parenting role toward the child;
  • Participated in whole or in part in the child’s abuse or neglect; or
  • Maintains a significant relationship with the child.
C.R.S. § 19-3-502(6)
Special respondents may contest the joinder. The court maintains personal jurisdiction over special respondents by service of a summons and petition or a motion for joinder.