F.  Hearing on the Petition

C.R.S. § 19-3-503(1)
The court issues a summons after a dependency and neglect petition is filed. The summons gives the date, time and place of the court hearing. It briefly recites the substance of the petition. It includes a warning of potential termination of parental rights and a list of the respondent’s rights.

C.R.J.P. 4.2(a)







C.R.S. § 19-3-202

C.R.S. § 19-3-212
1.  Parties’ Rights

At the initial appearance on the petition, the court should advise the parties of their rights. These include the right to:

  • Counsel;
  • Court-appointed counsel (parent, guardian or legal custodian only);
  • EPP timeframes;
  • Trial by jury;
  • Separate termination hearing; and
  • Appeal.

Parents should also be notified of the reason the child was removed from the home and of the availability of a conflict resolution process.

C.R.J.P. 4.2(d)
The court should explain the potential consequences of D&N proceedings. The court should make certain the respondents understand the petition allegations, dispositional alternatives and the potential for termination of the parent-child legal relationship.  The court should warn them that:
  • Any admissions must be voluntary;
  • The court is not bound by any promises of specific dispositions; and
  • Termination frees the child for adoption.

Respondents who do not appear may be advised in writing.  This may occur if a respondent is in prison.

C.R.J.P. 4.2(b) – (d)
2.  Admissions

After advisement, the respondents must admit or deny the petition allegations. The court may accept a verbal admission from a respondent who is present. The court may also accept a sworn written admission from one who is not present. The admission must meet these requirements:

  • The respondent understands his or her rights;
  • The respondent understands the allegations;
  • The respondent understand the admission’s effect; and
  • The admission is voluntary.
People in the Interest of A.M., 786 P.2d 476 (Colo. App. 1989)
One parent’s admission does not bind the other parent. The other parent is still entitled to a trial to present evidence and challenge the petitioner’s evidence.

The court has discretion in accepting an admission if the respondent is only willing to admit to a lesser ground. For example, a parent accused of sexual abuse may agree only to the finding of an injurious home environment. The court should assess the chance that the treatment plan will succeed. A parent may be more cooperative without the stigma of a serious adjudication ground. The admission could also avoid forcing the child to testify, or the potential that the case will be dismissed. However, if effective treatment will be sabotaged by the parent’s continued denial of responsibility for the abuse, a trial on the more serious ground may be a necessary preliminary to successful treatment and family reunification.