(1) (a) Proceedings in cases brought under this article shall be commenced in the county in which the alleged violation of the law, ordinance, or court order took place; except that the court may order a change of venue based upon written findings that a change of venue is necessary to ensure that the juvenile receives a fair trial, in which case venue shall be transferred to an appropriate jurisdiction prior to the findings of fact. When the court in which the petition was filed is in a county other than where the juvenile resides, such court may transfer venue to the court of the county of the juvenile's residence for the purposes of supervision after sentencing and entry of any order for payment of restitution. A transfer of venue may not be rejected for any reason except where venue would be improper.
(b) For purposes of determining proper venue, a juvenile who is placed in the legal custody of a county department of human or social services is deemed for the entire period of placement to reside in the county in which the juvenile's legal custodian is located, even if the juvenile is physically residing in a residential facility located in another county. If a juvenile is placed in the legal custody of a county department of human or social services, the court shall not transfer venue during the period of placement to any county other than the county in which the juvenile's legal custodian is located.
In determining proper venue, the provisions of section 18-1-202, C.R.S., shall apply.
A court transferring venue under this section shall transmit all documents and legalsocial records, or certified copies thereof, to the receiving court, which court shall proceed with the case as if the petition had been originally filed or the adjudication had been originally made in such court.
Upon transfer of venue, the receiving court shall set a date not more than thirty daysfollowing the date upon which the change of venue is ordered for the juvenile and his or her parent or guardian to appear.
Source: L. 96: Entire article amended with relocations, p. 1598, § 1, effective January 1, 1997. L. 99: (1) amended, p. 1373, § 7, effective July 1. L. 2018: (1)(b) amended, (SB 18-092), ch. 38, p. 412, § 38, effective August 8.
Editor's note: This section was formerly numbered as 19-2-103. Prior to relocation in 1996, the said section 19-2-103 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-1-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.