As amended through Rule Change 2024(18), effective October 2, 2024
Rule 2.3 - Emergency Orders(a) On the basis of a report that a child's or juvenile's welfare or safety may be endangered, and if the court believes action is reasonably necessary, the court may issue an ex parte order.(b) Where the need for emergency orders arises, and the court is not in regular session, the judge or magistrate may issue such orders orally, by fascimile, or by electronic filing. Such orders shall have the same force and effect. Oral orders shall be followed promptly by a written order entered on the first regular court day thereafter.(c) Any time when a child or juvenile is subject to an emergency order of court, as herein provided, and the child or juvenile requires medical or hospital care, reasonable effort shall be made to notify the parent(s), guardian, or other legal custodian for the purpose of gaining consent for such care; provided, however, that if such consent cannot be secured and the child's or juvenile's welfare or safety so requires, the court may authorize needed medical or hospital care.Entire chapter repealed and reenacted June 16, 1988, effective 1/1/1989; entire rule amended and adopted December 14, 2000, effective 1/1/2001. ANNOTATION Emergency custody order constitutional. An ex parte emergency order placing children under protective custody, pursuant to this rule, does not violate the parent's right to due process. People v. Coyle, 654 P.2d 815 (Colo. 1982) (decided under rule 15 as it existed prior to the 1988 repeal and reenactment of the rules of juvenile procedures).