19-3-217. Family time upon removal - rules.
Statute text
(1) At any hearing held pursuant to section 19-3-403 (2) or (3.5), the court shall enter temporary orders for reasonable family time with the child's or youth's parent that is consistent with the age and developmental needs of a child or youth if the court finds that visitation is in a child's or youth's best interests. The court shall order contact between the parent and child or youth, which contact may include, but is not limited to, telephone, virtual, or in-person visits, commencing within seventy-two hours after any hearing pursuant to section 19-3-403 (2) or (3.5), excluding Saturdays, Sundays, and any court holiday. The court may authorize an extension of time for contact to commence if the delay is agreed upon by the parent, county department, and guardian ad litem or if the court finds that a delay in contact is in the child's or youth's best interests.
(1.5) When a child or youth is placed out of the home, the following considerations apply when making decisions regarding family time:
(a) The county department shall encourage the maximum parent, child, and sibling contact possible, including regular family time and participation by the parents in the care of the child or youth, when it is in the best interest of the child or youth. The county department shall encourage parental attendance and participation in the child's or youth's life, such as school, extracurricular activities, and medical appointments, when it is in the best interest of the child or youth.
(b) The court and the county department may rely on informal resources such as community members, relatives, or kin to provide transportation and supervision for family time if those resources are available, appropriate, and do not compromise the child's or youth's mental, emotional, or physical health or safety.
(c) (I) There is a presumption that supervised family time must:
(A) Be supervised by informal supports identified by the family who volunteer to supervise family time, including relatives, or other persons identified by the family; and
(B) Occur in the community, a homelike environment, or other agreed-upon location.
(II) The presumption described in subsection (1.5)(d)(I) of this section may be rebutted if the court finds that the child's or youth's safety or mental, emotional, or physical health requires professional supervision or that relatives or other family supports are unavailable or unwilling to provide supervision after the county department has exercised due diligence to contact and engage the relatives, kin, or other family supports. Nothing in this section precludes supplemental professionally coached or supervised family time to improve parenting skills.
(d) The court may only restrict or deny family time if it is necessary to protect the child's or youth's safety or mental, emotional, or physical health. The court shall order family time in the least restrictive setting and supervision at the least restrictive level to satisfy the child's or youth's safety or mental, emotional, or physical health.
(e) (I) At the first hearing that occurs after the emergency hearing required pursuant to section 19-3-403, or no later than thirty days after the removal date, the county department shall provide the court with a proposed family time plan on the record, including:
(A) Frequency and length;
(B) Persons who may be present;
(C) Whether the family time must be supervised; and
(D) The child's or youth's opportunity to communicate with a parent, sibling, or other relative.
(II) For good cause, or by agreement by the parties, the court may waive the requirement to provide or extend the time for providing the family time plan described in subsection (1.5)(f)(I) of this section. A lack of staff or financial resources is not good cause. Any subsequent written family services plan submitted to the court pursuant to section 19-3-507 or 19-3-702 must include an update on participation in and provision of family time and barriers to expanding family time.
(f) The court or the county department shall not limit family time as a sanction for a parent's failure to comply with court orders or services if the child's or youth's safety or mental, emotional, or physical health is not at risk as a result of the family time.
(g) The court, the county department, the parent, or other support shall not limit family time or contact between a child or youth and the child's or youth's parent or sibling as a sanction for the child's or youth's behavior or as an incentive to change the child's or youth's behavior.
(h) The county department and the court shall consider a parent's preferences when determining supervision, location, and timing of family time.
(i) The county department and the court shall consider a child's or youth's preferences when determining supervision, location, and timing of family time.
(2) Nothing in this section restricts the court from granting discretionary authority to the department and guardian ad litem to increase opportunities for additional parent-child contacts or sibling contacts without further court order.
(3) Absent the issuance of an emergency order, a parent granted family time is entitled to a hearing prior to an ongoing reduction in, suspension of, or increase in the level of supervision, including a change from in-person family time to virtual family time. If the court issues an emergency order suspending, reducing, or restricting family time, a parent is entitled to a hearing within seventy-two hours after the order is issued, excluding Saturdays, Sundays, and court holidays. The court need not hold a hearing if there is agreement by the petitioner, guardian ad litem or counsel for youth, and parent to the reduction, suspension, or increase in level of supervision of family time. Any such agreement must be reduced to writing and filed with the court. Nothing in this section prevents the county department from canceling scheduled family time if the child's or youth's safety or mental, emotional, or physical health would be endangered or if the parent consents to the cancellation of the family time.
(4) Nothing in this section requires or permits a county department to arrange family time family time if the family time would violate an existing protection order in any case pending in this state or any other state. The county department is not required to produce a child or youth for court-ordered family time if the family time is made impossible due to the policies of a facility where the parent is incarcerated or in treatment.
(5) A person's inclusion in family time does not confer rights not otherwise granted by law, including the right to appeal denial of participation in family time.
(6) The state board of human services shall promulgate rules in accordance with this section.
History
Source: L. 2021: Entire section added, (HB 21-1101), ch. 481, p. 3426, 1, effective September 1. L. 2022: (3) amended, (HB 22-1038), ch. 92, p. 441, 24, effective January 9, 2023. L. 2023: (1), (3), and (4) amended and (1.5), (5), and (6) added, (HB 23-1027), ch. 284, p. 1677, 4, effective January 1, 2024.
Annotations
Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. For the legislative declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.
Annotations
ANNOTATION
Annotations
This section does not broaden a juvenile court's personal jurisdiction to include nondependent siblings of a youth in foster care or require the siblings to attend therapeutic visitation with the youth. In re People in Interest of S.A., 2022 CO 27, 511 P.3d 597.