| D. Contempt |
| C.R.S. § 22-33-108(8) C.R.C.P. 107 |
The court may initiate contempt proceedings against a child or parent who is alleged to have violated the court order compelling school attendance. The court must advise the child and parent of their rights. |
| 28 C.F.R. § 31.304(h) C.R.S. § 19-1-103(36) C.R.J.P. 3.8 |
1.
Status Offenses
Juveniles alleged to be status offenders (offenses such as truancy cases that would not be a crime if committed by an adult), must not be detained for more than twenty-four hours (excluding weekends and holidays), unless there has been a judicial determination that there is probably cause to believe the juvenile has violated a valid court order. |
| 28 C.F.R. § 31.303(f)(3)(v)
C.R.C.P. 107(d)(1) |
2.
Rights
Under federal and state law, the juvenile must be afforded full due process rights, including:
|
|
C.R.J.P. 3.8 28 C.F.R. § 31.303(f)(3)(iv) C.R.S. § 19-1-103(36) C.R.S. § 19-2-508(3)(a) |
If
a juvenile
is alleged to be a status offender, the court must hold a hearing
within 72
hours exclusive of non-judicial days (weekends and holidays), and a
public
agency must prepare a written report. The timelines are different, however, if the
juvenile is found to be a danger to self or the community.
|
| C.R.J.P. 3.8 28 C.F.R. § 31.303(f)(3)(vi) |
If
a court
sentences a status offender to a locked detention center, before doing
so, it
must review a written report prepared by a public agency independent of
law
enforcement, to assess whether all less restrictive dispositions have
been
exhausted or are clearly inappropriate. These requirements do not apply to shelter placement
or to placement in
staff secure detention.
|
| BIA Guideline B.3 | Notice of a status offender proceeding in a truancy case must be given to the tribe, parent and custodian of any Native American child. |