J.  Treatment Plan

C.R.S. § 19-3-508(1)(e)(I)
The court must consider whether an appropriate treatment plan can be devised. If it finds by clear and convincing evidence that no plan could address the parent’s unfitness, it must hold a permanency hearing within thirty days unless a termination motion is filed within that time.





C.R.S. § 19-3-604(1)(a)

 C.R.S. § 19-3-604(1)(b)(I)

C.R.S. § 19-3-604(1)(b)(III)

C.R.S. § 19-3-604(1)(b)(II)

 C.R.S. § 19-3-604(1)(b)(IV)
C.R.S. § 19-3-604(1)( b)(V)

C.R.S. § 19-3-604(1)(b)(VI)

 C.R.S. § 19-3-604(1)(b)(VII)
1.  Parental Unfitness to Dispense with Treatment Plan

Any one of the following situations may support DHS dispensing with the treatment plan:

  • Abandonment:  the parents have surrendered custody for at least six months and cannot be located;
  • Mental health: emotional or mental illness or mental deficiency renders the parent unable to meet the child’s ongoing needs within a reasonable time;
  • Incarceration: an incarcerated parent is ineligible for parole for at least six years (three years for a child under age six) from the date of the D&N adjudication.
  • Child’s injury: the child suffered a gravely disabling or disfiguring injury in a single incident;
  • Sibling’s injury: the child’s sibling suffered serious bodily injury or death due to proven parental abuse or neglect;
  • Habitual abuse: the child or another child has been subjected to a pattern of habitual abuse, and the court has adjudicated another child based on allegation of sexual or physical abuse, or a court has determined such abuse has caused the death of another child;
  • Sexual abuse: the child has been subjected to a pattern of sexual abuse;
  • Torture: torture or extreme cruelty to a child.
C.R.S. § 19-3-508(1)
2.  Appropriate Treatment Plan

If the court does not terminate, it must approve a treatment plan. 


C.R.S. § 19-1-103(10)
An appropriate treatment plan is reasonably calculated to render the respondent fit to adequately parent the child within a reasonable time based on the child’s needs. It must involve the child and each named respondent, including any special respondents.

C.R.S. § 19-3-508(1)(a)
If the child is under age six and the parent retains custody, the court must order a respondent parent to accept appropriate community services based on the social report recommendations.

C.R.S. § 19-3-508(7)
Plans to find the child another permanent home may be made at the same time as reunification efforts. This is called “concurrent planning.” The goals, though different, are achieved by the same actions since reunifications efforts are scrutinized at termination.

C.R.S. § 19-3-507(2)
3.  A Child with Mental or Developmental Disabilities

The court should order a mental health prescreening for children who appear to be mentally ill. 


C.R.S. § 19-3-508(1)
The court may order the child to be examined or treated. A physician, surgeon, psychiatrist or psychologist may examine or treat the child. Other special care may also be ordered. The court may place the child in a state DHS facility until the professional in charge concludes treatment or placement is no longer necessary.

C.R.S. § 19-3-508(1)(d)(I)
The court should refer any child who appears to be developmentally disabled to the nearest community-centered board for an eligibility determination. 

If commitment is recommended, the court may commit a child to a mental health facility. If the prescreening report does not recommend commitment, the court must hold a hearing with notice to all parties before ordering commitment. A competent professional must testify to the child’s mental illness.

C.R.S. § 19-3-508(1)(d)(I)
If the prescreening report is inadequate, incomplete or incorrect, the court may order seventy-two-hour treatment and evaluation after holding a hearing. The court may also make appropriate temporary custody orders before the hearing.

C.R.S. § 19-3-508(1)(d)(II)
If treatment is no longer appropriate, the facility must notify the court. The court must hold a hearing within five court days. The court may also make appropriate temporary custody orders before the hearing.



4.  Suggested Questions on the Treatment Plan
  • Does it address the reasons for the D&N adjudication?
  • Does it take into account barriers to overcoming these problems?
  • Does it include each respondent?
  • Does it address the child’s needs?
  • Is it likely to be successful?
  • Is it specific?