| A. Dispositional Hearing |
| C.R.S. § 19-1-103(43) E.O. v. People, 854 P.2d 797 ( |
The
issue at
the dispositional hearing is what disposition would serve the child’s
best
interests. The
dispositional hearing
must be held if the court sustains the dependency and neglect
(D&N)
petition.
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| C.R.S. § 19-3-507(1) |
The
goal is
to establish, if appropriate, a treatment plan to reunify the family. If a treatment plan is not
appropriate, the
goal is to secure the child a permanent home.
There is a preference to keep siblings together.
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| C.R.S. § 19-3-507(1) |
The
court may
consider any reports or information on the child. This information may relate to the child’s
mental, physical, or social history. Before the hearing, the
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| C.R.S. § 19-1-107 |
The
court
should inform the parties of their right to cross-examine the report’s
author. The
court may also question the
author if it is in the child’s best interests.
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| C.R.S. § 19-3-507(5) |
Relatives
have a right to intervene after adjudication. This includes parents and grandparents. Foster parents who have had the child in their care
for more than three
months also may intervene as a matter of right. Each may intervene with or without counsel.
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| C.R.S. § 19-3-508(1) C.R.S. § 19-3-505(7)(b) |
If
possible,
the court should hold the dispositional hearing the same day as the
adjudicatory hearing. If
the petition
names a child under the age of six, the dispositional hearing must be
held
within thirty days of adjudication, unless good cause is shown to delay
it, and
the court finds it is in the child’s best interests. If the petition does not name a child under
the age of six, the court must hold the dispositional hearing within
forty-five
days of adjudication.
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| People
in the Interest of J.L., 121 P.3d 315 ( |
It is error to hold a dispositional hearing without first holding an adjudicatory hearing. |
| C.R.S. § 19-3-508(1) |
If
the
proposed disposition is termination of parental rights, a written
motion to
terminate must be filed and a separate hearing held. A hearing on the termination motion may not
be held on the same date as the adjudicatory hearing.
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