B.  Proof


C.R.S. § 19-1-103(3)
The petitioner has the burden to prove the petition allegations by a preponderance of the evidence. 

C.R.S. § 19-3-505(1)

C.R.S. § 19-3-505(2)

C.R.S. § 19-3-505(7)(a)

However,
  • The child’s age and residence are deemed admitted unless specifically denied before the adjudicatory hearing;
  • The petitioner is not required to prove the child must be separated from the parent, guardian or legal custodian;
  • Proof of a child’s nonaccidental injury is prima facie evidence of dependency and neglect and may support an adjudication order.
C.R.S. § 19-3-505(4)
Proof of facts not alleged in the petition may be admitted. The parties must consent.  If they do not consent, the court may grant a motion to amend the petition to conform to the evidence. If the amendment is substantial, the court must continue the proceedings if it is in the best interests of the child or any other party.

People in the Interest of A.E.L., 181 P.3d 1186 (Colo. App. 2008)
During a welfare check, police discovered suspected cocaine, but destroyed the evidence. The Colorado Court of Appeals held the exclusionary rule does not apply in D&N cases.