Colorado courts must review some early child welfare case dismissals

A child or youth named in a petition is a party and has the right to attend and fully take part in hearings about their case. This applies to a child or youth named in a dependency or neglect petition. The act is set to take effect August 12, 2026, if the General Assembly adjourns on May 13 and no referendum petition is filed. If a petition challenges a part, that part takes effect only if voters approve it in November 2026, on the governor’s official declaration of the vote.

The court must hold a hearing when the county department seeks an early dismissal and the child or youth’s representative objects and states a basis for abuse or neglect. This applies when a county human or social services department seeks dismissal before the adjudicatory hearing. If the department shows a reasonable basis to dismiss, the court must dismiss the petition. If it does not, the case must proceed. This rule does not let a child or youth file a petition on their own behalf, and it does not limit a party’s right to demand a jury trial. The hearing rule applies before the adjudicatory hearing. The act is set to take effect August 12, 2026, if the General Assembly adjourns on May 13 and no referendum petition is filed. If challenged by referendum, it takes effect only if voters approve it in November 2026, on the governor’s official declaration of the vote.

A person appointed as counsel for youth must support the youth’s full participation as needed to represent them, including appeals to the Court of Appeals or Supreme Court. This applies to a person appointed as counsel for youth under the cited law. The act is set to take effect August 12, 2026, if the General Assembly adjourns on May 13 and no referendum petition is filed. If a petition challenges this part, it takes effect only if voters approve it in November 2026, on the governor’s official declaration of the vote.