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. § 19-3-308

Investigation and assessment of reports

Colorado Revised Statutes

What the statute says

Establishes the duties and procedures for investigating reports of child abuse or neglect, and in many states recognizes preservation of the family unit as part of the statutory concern.

What it means in plain English

CPS has investigative authority, but it operates within procedures and with family preservation as a recognized goal.

What it does NOT mean

Investigative authority is not judicial authority. A caseworker is not a judge. A request is not an order.

Questions to ask

•What is the scope of the investigation?
•What records are they seeking and under what authority?
•What services could preserve the family?

Documents to preserve

•Every contact log
•Requests for records
•Any safety/service plan

Common mistakes

✕Treating every request as an order
✕Refusing all contact without cause

Related statutes

C.R.S. § 19-3-102 — Dependent or neglected child
C.R.S. § 19-3-701 — Family preservation services

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)