A.  Dispositional Hearing


C.R.S. § 19-1-103(43)
E.O. v. People, 854 P.2d 797 (Colo. 1993)

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. 

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. 

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 county DHS is required to submit a:
  • Social history report;
  • Family services list;
  • Evaluation for placement;
  • Reasonable efforts statement.
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.

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.

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.

People in the Interest of J.L., 121 P.3d 315 (Colo. App. 2005)
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.