Colorado Law Reference

Plain-English explanations of the Colorado Revised Statutes provisions most relevant to dependency proceedings — what each statute means, and what it does not mean.

C.R.S. § 19-3-202

Right to counsel and advisement of rights

Colorado Revised Statutes

What the statute says

At a respondent parent's first appearance in a formal dependency case, the court must advise the parent of rights including the right to counsel (and, in some states, a jury trial), and provides for appointment of counsel for qualifying parents.

What it means in plain English

In a formal dependency case, you have strong counsel protections at the first appearance and may request appointed counsel if you qualify financially.

What it does NOT mean

It does not grant a right to appointed counsel in every informal CPS contact before a case is filed.

Questions to ask

•Has a dependency petition been filed?
•Was I advised of these rights at my first appearance?
•Do I qualify for appointed counsel?

Documents to preserve

•Any advisement form
•First appearance order
•Financial affidavit

Common mistakes

✕Missing the first appearance
✕Not requesting counsel
✕Admitting before speaking with counsel

Related statutes

C.R.S. § 19-3-505 — Hearings
C.R.S. § 19-3-203 — Protective custody

Confirm current text at the official Colorado source. Educational summary, not legal advice.

Myth Debunker

“I can secretly record conversations without checking the law.”

Colorado is a one-party consent state for recording, meaning one party to the conversation may generally consent. But rules differ by situation and across states — confirm the applicable law before recording, and never record where you have no right.

“If CPS comes to my house, I automatically have to let them in.”

A request to enter is not a court order. Unless they have a court order or exigent circumstances, entry is generally voluntary. Ask whether they are acting under an order.

“If I cooperate with everything, they can't take my child.”

Cooperation is generally wise, but it does not guarantee any outcome. The decision to remove is governed by law and the court, not by your level of cooperation alone.

“If they say it's voluntary, I have to do it.”

Voluntary means you have a choice. You may decline or ask for time to consult an attorney before agreeing.

“Anything I tell CPS can't be used against me.”

Statements to a caseworker can become part of the record. Tell the truth, but understand it may be used in proceedings.

“A caseworker's statement is automatically a court order.”

A caseworker does not become a judge because they are investigating you. A request is not an order.

“If CPS says it's an emergency, it automatically makes it a legal emergency.”

Emergency authority has specific legal requirements and court review. The label 'emergency' does not by itself satisfy the law.

“I should fight with the caseworker to prove I'm innocent.”

Do not argue or threaten. Present your evidence through the court and your attorney. Calm documentation is stronger than confrontation.

“I should delete embarrassing texts or messages.”

Do not destroy, delete, alter, or hide evidence. That can seriously harm your case. Preserve everything.

“I should coach my children before they talk to CPS.”

Do not coach your children. Tell the truth; don't guess; don't tell your child what to say. Coaching can be detected and used against you.

Colorado legislature (official statutes)