Removal is not termination
This is the most important thing to hold onto: a child being removed — or the county being given "legal custody" — does not end the parent-child legal relationship. That relationship ends only if a court terminates parental rights (TPR), which is a separate, formal proceeding with a higher standard and the right to appeal. Until then, you keep the rights the court has not specifically taken away. These are sometimes called retained or residual rights.
Legal custody moving to the county changes who has day-to-day authority — it does not erase you. See How a Colorado CPS case works for where custody and termination fall in the process.
What retained rights can include
Exactly what you keep depends on your court's orders, but retained rights often include things like:
- Notice of, and the right to attend, hearings.
- Family time (visits) unless a court limits it.
- A say in major decisions about your child.
- Making — or being involved in — educational decisions.
- Being involved in your child's medical care.
Educational rights
Under special-education law, a parent generally keeps the right to make school decisions — including about an IEP or 504 plan — unless a court specifically removes that authority. If a parent can't fill that role, a surrogate or educational decision-maker may be appointed. Many parents ask the court to confirm they remain the educational decision-maker, and ask to keep attending school meetings.
For Parents of Children With Special Needs and 504 Plans and IEPs cover the school side in detail.
Medical decisions
Medical decision-making is more variable. When a child is in the county's legal custody, authority to consent to routine medical care often shifts to the custodian — but for bigger or non-routine decisions, a parent's involvement or a court's approval may be required, and courts can spell this out differently case to case.
If decisions are being made about your child's treatment, surgery, medications, or mental-health care, it's fair to ask who decides and whether you still have a say. Your attorney can tell you what your orders actually allow. For how releases and health privacy work, see Your Health Information & Releases.
How to assert your retained rights
None of these are required — they're options many parents use:
- Asking the court to spell out and preserve your rights in writing, so everyone is clear.
- Asking to be notified and consulted about medical and school decisions.
- Attending IEP meetings and medical appointments where allowed.
- Keeping your own records of decisions and who made them — our Documentation Log helps.
- Raising concerns through your attorney when a right you hold isn't being honored.
When rights can be limited — and when they end
A court can limit specific rights when it decides that's necessary for a child's safety, and those limits should be stated in the court's orders. But your rights as a whole end only if a court terminates them. Knowing the difference — a limit on one right versus the end of all of them — helps you see clearly where your case actually stands.