| II. Contempt in D&N Cases |
| C.R.S. § 19-3-503(3) C.R.S. § 19-3-504(1) |
D&N cases
are different than other cases in regards to contempt power. Any person summoned or required to appear in
a D&N action (persons having physical custody of the child,
and the child’s parents), who acknowledges service and fails to appear without
reasonable cause, may be proceeded against for contempt of court.
|
| C.R.S. § 19-3-504(2) |
If after
reasonable efforts the summons cannot be served, or the welfare of the child
requires that she or he be brought into the custody of the court, a bench
warrant may be issued for the respondent or for the child.
|
| C.R.S. § 19-3-504 |
This is true
even if the court does not proceed on contempt, if the child’s welfare requires
that he or she be brought immediately into the custody of the court.
|
| C.R.J.P. 3.8 28 C.F.R. § 31.303(f)(1) |
The court must hold a hearing within twenty-four hours of the child being taken into custody, and the child must be released within twenty-four hours after the hearing. |
| C.R.J.P. 4.5 | In D&N cases, the citation must be served at least ten days before the hearing. |
| 28 C.F.R. § 31.303(f)(3)(vii) |
In D&N
cases, under federal law, a child may not be placed in a locked detention
facility for violating a court order.
|