What this hearing is — and when it happens
After an emergency removal, Colorado law requires a court hearing quickly — generally within about 72 hours after a child is placed with the county (or 48 hours if the child is in a shelter facility), not counting weekends and court holidays (C.R.S. 19-3-403). You have the right to that prompt hearing.
At it, the judge or magistrate decides, for now:
- whether the child returns home or stays in temporary custody;
- where the child stays — with a preference for a relative or kin who is capable, willing, and available; and
- whether to order family time (visits).
This is a temporary decision made on early, limited information — not the final word on your case. Later hearings decide much more, and you have rights at every one of them.
Your rights at this hearing
Colorado's official Notice of Rights and Remedies for parents lists rights you carry into this hearing and the ones that follow. Among them:
| You have the right to… | What it means |
|---|---|
| Notice | To be told the action taken and the reasons your child was removed. |
| Be there | To attend this hearing and every hearing in your case. |
| A prompt hearing | The quick hearing itself — about 72 hours (or 48 in a shelter facility), excluding weekends and holidays. |
| A lawyer | To have an attorney — and if you can't afford one, to ask the court to appoint one at no cost. |
| An interpreter | To request an interpreter if English is not your first language. |
| Be heard | To testify, and to question witnesses — yourself or through your lawyer. |
| Name relatives | To propose relatives or kin for the child's placement. |
| Reasonable efforts | To have the court consider whether reasonable efforts were made to avoid removal and to reunify your family. |
| Copies & appeals | To receive copies of court orders, and to appeal final orders. |
| A trial later | To a court or jury trial in the case, where the county must prove its allegations. |
Naming relatives early matters
Colorado law tells courts to give preference to placing a child with a relative or kin who is capable, willing, and available, and counties must make diligent efforts to contact grandparents and other adult relatives (generally within 30 days). Parents are often asked to complete a relative affidavit — a form naming possible relatives — within about a week. Having names, phone numbers, and addresses ready can make a real difference in where a child stays.
See For Grandparents & Kinship Caregivers for how kinship placement works.
Coming to the hearing prepared
You have the right to be there and to be heard. Things many parents find help:
- Arriving early, and asking for an interpreter ahead of time if you need one.
- Bringing the names, phone numbers, and addresses of relatives who might take the child.
- Bringing your lawyer's contact information, or asking the court to appoint one if you don't have one yet.
- Keeping your own notes on dates and what's said — our Court Dates & Deadlines and Documentation Log are built for this.
"What if my rights are violated?"
If something you're entitled to didn't happen — no notice, no interpreter, no chance to speak, no lawyer — options exist. Because deadlines in these cases are short, acting quickly matters.
-
Tell your lawyer immediately
Your attorney can object on the record, ask the court to reconsider, or request the hearing or interpreter you're owed. Many problems can be raised and addressed in the moment or at the next hearing.
-
Put it on the record
Whether through your lawyer or, if you have none yet, by speaking up when the court asks, naming what went wrong helps — a concern raised on the record can be reviewed later; one never mentioned is harder to revisit.
-
File a grievance
Colorado gives parents the right to file grievances — with the caseworker's supervisor, the department director, the county grievance coordinator, or the state Child Protection Ombudsman. Our complaint guide and Complaint Builder walk through how.
-
Ask about appeals
Final orders can be appealed, and the deadlines are short. A licensed attorney can explain what can be appealed and by when.
Write down what happened as soon as you can — the date, who was there, and what was and wasn't done. A dated note made the same day carries weight later. The Documentation Log keeps it all in one place.