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:

  • The right to have the charges in writing served on him or her a reasonable time before the hearing;
  • The right to a hearing before the court;
  • The right to an explanation of the nature and consequences of the proceeding;
  • The right to legal counsel, and the right to have such counsel appointed by the court if indigent;
  • The right to confront witnesses;
  • The right to present witnesses;
  • The right to have a transcript of the proceeding; and
  • The right to an appeal.
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.