The petition: the document that opens a CPS case
In Colorado, a child-welfare court case is called a Dependency and Neglect ("D&N") case. It generally begins when the county's attorney files a document called a petition with the juvenile court, under Colorado's Children's Code. The petition asks the court to find that a child is "dependent or neglected." It can be filed without warning the parent first.
A petition is a set of claims the county is asking the court to decide — not proven facts, and not a criminal charge. A D&N case is civil. The law does not treat an adjudication in a D&N case as a criminal conviction of the parent.
What's inside a petition
Petitions look different county to county, but Colorado law (C.R.S. 19-3-502) generally requires the same building blocks. Finding each part in your own copy makes the document far less frightening.
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The caption
The top of the first page: the court and county, the case number, and the title of the case. The case number is what you'll use on every future document and phone call.
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Who is named
The child, and the parents, guardians, or custodians. Parents named in the case are usually called respondents. The document also lists everyone's names and where they live.
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Jurisdiction facts
Basic facts that let this court hear the case — for example the child's age and where the child lives.
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The allegations
The heart of the petition: the specific things the county says happened, which it believes show the child is dependent or neglected. Each allegation is a claim the county would have to prove if a parent denies it.
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Required notices
Colorado petitions must include certain warnings in writing — including that termination of parental rights is a possible outcome of a D&N case, and information about permanency timelines and case reviews. Seeing this language is standard; it is a required notice, not a prediction about a specific case.
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Reasonable-efforts and tribal-inquiry statements
A statement about efforts to avoid removing the child (or why that wasn't possible), and questions about whether the child may be a member of a Native American tribe (the federal Indian Child Welfare Act, ICWA, adds protections when it applies).
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Verification
The petition is verified — signed under oath. Some statements may be made "on information and belief," meaning the county believes them to be true based on what it has gathered.
How to read it — and what to keep in mind
A petition can read as if everything in it is already decided. It isn't. Some things parents find it helps to notice:
- Every allegation is a claim to be proven, not a finding. The county carries the burden.
- Dates, names, and who reported what are worth reading closely — parents often spot details they remember differently. Errors in a file can be documented and raised.
- The required notices (including the mention of termination) appear in every petition by law. Their presence does not mean that outcome is planned in a given case.
- Only a licensed attorney can tell a parent how the specific words apply to their own situation. Parents in a D&N case generally have the right to one (see below).
Responding to a petition: the options that exist
Parents are not without a say. Colorado's process builds in several points where a parent — usually with a lawyer — can respond.
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Advisement and a lawyer
Early on, the court advises parents of their rights. Colorado law (C.R.S. 19-3-202) gives respondents the right to counsel at every stage, and for parents who qualify financially, the court appoints a lawyer through the Office of Respondent Parents' Counsel. That lawyer works for the parent alone.
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Admit, deny, or resolve another way
A parent can admit the petition, deny it and go to trial, or in some cases resolve it another way. Which path fits depends entirely on the facts and a parent's own goals — an attorney can advise.
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The adjudicatory trial — and the right to a jury
If a parent denies the petition, the court holds an adjudicatory hearing. The county must prove its case by a "preponderance of the evidence" (more likely than not) — a lower bar than a criminal case. Parents can cross-examine the county's witnesses and present their own evidence. Notably, Colorado law lets a respondent demand a jury of six for the adjudicatory hearing — a right many parents don't know they have.
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Correcting the record
When a parent believes information is wrong, options that exist include working with their lawyer to put corrections and context on the record, requesting the underlying records (our Records Request Tracker helps organize this), and, where appropriate, the formal complaint routes covered in How to File a Complaint That Gets Read. Some court orders can also be appealed — an attorney can explain what applies and when.
The petition is one step in a longer road — see the full stage-by-stage process and your rights in depth.
Protection orders: a different kind of document
A protection order (sometimes called a restraining order) is a court order telling one person to stay away from, or not contact or harm, another person. Parents in a CPS situation sometimes encounter one — and it's worth knowing they are not all the same thing.
| Kind you might see | Where it comes from | Worth knowing |
|---|---|---|
| Civil protection order | A separate civil case under Colorado law (C.R.S. Title 13, Article 14) — one person asks a court to protect them from another. | Starts as a temporary order, then a hearing is set to decide on a permanent one. |
| Mandatory protection order | Automatically entered in a related criminal case, if one exists. | Tied to the criminal case and its conditions. |
| Order within the D&N case | The juvenile court can enter orders in the child-welfare case itself, sometimes limiting contact. | Part of the CPS case, not a separate one. |
Because breaking a protection order can carry serious consequences — including arrest — reading exactly what it says, and asking a lawyer which type you're dealing with, matters. An attorney can identify which order applies and how it fits with any CPS or criminal case.
How to read a protection order
Whatever the type, most protection orders spell out the same basic things. Look for:
- Who is protected and who is restrained (the restrained person is usually called the respondent).
- What is prohibited — for example, contact, coming within a certain distance, or being at certain places.
- Whether it is temporary or permanent, and the date of any hearing set to decide the next step.
- Dates and expiration, and the court and case number that issued it.
Responding to or challenging a protection order
As with a petition, options exist — and the details depend on the type of order.
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The hearing
For a civil protection order, a temporary order is generally followed by a court hearing (often within about two weeks) where the restrained person can appear, tell their side, and present evidence before a judge decides whether to make the order permanent (C.R.S. 13-14-106). Showing up matters — decisions can be made without a person who doesn't appear.
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Asking to change or end it
After a permanent civil protection order is in place, a party can ask the court to modify or dismiss it (C.R.S. 13-14-108). The court decides based on the circumstances.
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Appeals and legal help
Certain orders can be appealed, and the rules differ by type of order. Because protection orders can overlap with a CPS case and, sometimes, a criminal case, a licensed attorney can advise on how they interact and what steps make sense.