G.  Transfer of Custody

C.R.S. § 19-3-508(2)
Separating the parent and child must be in the child’s best interests. 

C.R.S. § 19-1-115(4)(a)
C.R.S. § 19-3-403
This must be shown by a preponderance of the evidence before the court transfers temporary custody from a parent or guardian. The transfer of custody must be for a determinate period.

C.R.S. § 19-3-402(2)(b)
There is a presumption that siblings be placed together if DHS locates an appropriate, capable, willing and available joint placement. This presumption may be rebutted by a preponderance of the evidence that joint placement is not in the child’s best interests.

Before the child’s removal, the court can ask the following questions:

  • Were services offered to the family before the child’s removal?
  • If not, was it reasonable not to offer services?
  • If preventive services were offered:
    • Were the services relevant to the family’s problems?
    • Were they adequate to address those problems?
    • Were the services made accessible to the family?
    • Were the efforts diligently made?
    • Were multiple services well coordinated?
    • Were there other cost-effective services that should have been offered?