19-3-104. Hearings - procedure.
Statute text
Any hearing conducted pursuant to this article 3 in a county designated pursuant to section 19-1-123 regarding a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2) must not be delayed or continued unless good cause is shown and unless the court finds that the best interests of the child will be served by granting a delay or continuance. Whenever any such delay or continuance is granted, the court shall set forth the specific reasons necessitating the delay or continuance and shall schedule the matter within thirty days after the date of granting the delay or continuance. If appropriate, in any hearing conducted pursuant to this article 3 in a county designated pursuant to section 19-1-123 regarding a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the court shall include all other children residing in the same household whose placement is subject to determination pursuant to this article 3.
History
Source: L. 94: Entire section added, p. 2053, 4, effective July 1. L. 2019: Entire section amended, (HB 19-1219), ch. 237, p. 2355, 5, effective August 2.
Annotations
ANNOTATION
Annotations
When basis for delay is apparent from the record and parents did not object, trial court's failure to make express findings that there was good cause for delay not error. People ex rel. T.E.H., 168 P.3d 5 (Colo. App. 2007); People ex rel. D.M., 186 P.3d 101 (Colo. App. 2008).
The statutory time in which to conduct a termination hearing is not jurisdictional; therefore, parents' failure to raise the issue in the trial court precludes relief on appeal. People ex rel. T.E.H., 168 P.3d 5 (Colo. App. 2007).
The juvenile court did not abuse its discretion in holding a termination hearing remotely via Webex and denying a parent's motion for continuance because the court provided substantially similar procedures that would have been available to a parent at an in-person termination hearing. People in Interest of R.J.B., 2021 COA 4, 482 P.3d 519.