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. § 19-3-402

Shelter or preliminary hearing after removal

Colorado Revised Statutes

What the statute says

Requires a prompt court hearing after a child is placed in protective custody, at which the parent's due-process rights attach: the right to be present and heard, to be represented by counsel (appointed if the parent qualifies), to present evidence and witnesses, to cross-examine the agency's witnesses, and to argue that the child should be returned home or placed with a safe alternative. The state carries the burden to show continued placement is needed.

What it means in plain English

At the shelter hearing you have due-process rights — the right to be heard, to be represented by a lawyer, to bring evidence and witnesses, to question the caseworker, and to ask the judge to return your child or place them with a safe family member. The agency must justify keeping the child in custody; you do not have to prove your own innocence.

What it does NOT mean

It does not make removal permanent — it is a checkpoint, not a final decision. It also does not require you to admit anything or sign anything; you can assert your rights and still contest the case.

Questions to ask

•Was I advised of my rights at the shelter hearing?
•Do I have counsel, or did I request appointed counsel?
•What evidence can I present that return home or a safe relative is appropriate?
•Did the state meet its burden to keep the child in custody?

Documents to preserve

•Notice of hearing
•Removal paperwork
•Any advisement or waiver form
•Evidence of safe alternatives
•Your attorney's contact info

Common mistakes

✕Missing the shelter hearing
✕Waiving rights or admitting without counsel
✕Not proposing a safe alternative placement
✕Assuming the caseworker's account is the only evidence

Related statutes

C.R.S. § 19-3-203 — Protective custody
C.R.S. § 19-3-202 — Counsel and jury trial
C.R.S. § 19-3-202 — Advisement of rights
C.R.S. § 19-3-202 — Appointed counsel

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)