| L. The Order |
| C.R.S. § 19-1-115(4)(b) |
The
court may
order the child be returned home. To do
so, it must find placement is no longer necessary or in the best
interests of
the child or community. The
court may
also terminate the D&N proceeding, making written findings to
support the
decision.
|
| C.R.S. § 19-1-115(6) |
The
court may
continue the placement or order a new placement. The court should order a placement that most
appropriately meets the needs of the child, family and community. The placement must be for
a set period. The
court must make written findings to
support continued placement, and confirm or amend the treatment plan.
If the court orders a new placement, it must consider DHS’ evaluation for placement. If the court does not follow DHS’ recommendation, it must make specific findings of fact. Also, the court must document the monthly cost difference and send the Chief Justice a copy of the order. The court may not order an out-of-state placement if DHS recommends an appropriate in-state facility that will accept the child. |
| C.R.S. § 19-1-115(6.7) |
Orders
related
to out of home placement are effective on the date that the order is
signed by
the court. A court
is not to use the
words “nunc pro tunc” in its written
order, but is to use the phrase “the effective date of this order is.”
The court should take reviews seriously by asking critical questions about treatment plan compliance and progress. Extra time in reviews may reduce the time children remain in out-of-home care. |