Colo. R. Juv. P. 4.2

As amended through Rule Change 2024(18), effective October 2, 2024
Rule 4.2 - Advisement - Dependency and Neglect
(a) At the first appearance before the court, the respondent(s) shall be fully advised by the court as to all rights and the possible consequences of a finding that a child is dependent or neglected. The court shall make certain that the respondent(s) understand the following:
(1) The nature of the allegations contained in the petition;
(2) As a party to the proceeding, the right to counsel;
(3) That if the respondent(s) is a parent, guardian, or legal custodian, and is indigent, the respondent may be assigned counsel as provided by law.
(4) The right to a trial by jury;
(5) That any admission to the petition must be voluntary;
(6) The general dispositional alternatives available to the court if the petition is sustained, as set forth in Section 19-3-508 , C.R.S.;
(7) That termination of the parent-child legal relationship is a possible remedy which is available if the petition is sustained;
(8) That if a motion to terminate the parent-child legal relationship is filed, the court will set a separate hearing at which the allegations of the motion must be proven by clear and convincing evidence;
(9) That termination of the parent-child legal relationship means that the subject child would be available for adoption;
(10) That any party has the right to appeal any final decision made by the court; and
(11) That if the petition is admitted, the court is not bound by any promises or representations made by anyone about dispositional alternatives selected by the court.
(b) The respondent(s), after being advised, shall admit or deny the allegations of the petition.
(c) If a respondent(s) admits the allegations in the petition, the court may accept the admission after making the following finding:
(1) That the respondent(s) understand his or her rights, the allegations contained in the petition, and the effect of the admission;
(2) That the admission is voluntary.
(d) Notwithstanding any provision of this Rule to the contrary, the court may advise a non-appearing respondent(s) pursuant to this Rule in writing and may accept a written admission to the petition if the respondent has affirmed under oath that the respondent(s) understands the advisement and the consequences of the admission, and if, based upon such sworn statement, the court is able to make the findings set forth in part (c) of this Rule.

Colo. R. Juv. P. 4.2

Entire chapter repealed and reenacted June 16, 1988, effective 1/1/1989.

ANNOTATION Annotator's note. For cases decided under former rule 3 on advisement, see the annotations under rule 3.