(1) (a) When a juvenile is committed to the department of human services, the court shall transmit, with the commitment order, a copy of the petition, the order of adjudication, copies of the social study, any clinical or educational reports, and other information pertinent to the care and treatment of the juvenile.
(b) The department of human services shall provide the court with any information concerning a juvenile committed to its care that the court at any time may require.
(1.5) (a) When a court commits a juvenile to the state department of human services pursuant to this article 2, the court shall make the following specific determinations:
Whether placement of the juvenile outside the home would be in the juvenile's andcommunity's best interest; and
Whether reasonable efforts have been made to prevent or eliminate the need forremoval of the juvenile from the home; whether it is reasonable that such efforts are not made because an emergency situation exists that requires the immediate removal of the juvenile from the home; or whether such efforts are not required because of circumstances described in section 19-1-115 (7).
To assist in the evaluation of the impact of Colorado's implementation of the federal"Family First Prevention Services Act" on the state's juvenile justice system and make a finding of whether the lack of available and appropriate congregate care placements is a contributing factor in committing a juvenile to the division of youth services.
(b) If a juvenile is making a transition from the legal custody of a county department of human or social services to commitment with the state department of human services, the court shall conduct a permanency hearing in combination with the sentencing hearing. The court shall consider multidisciplinary recommendations for sentencing and permanency planning. In conducting such a permanency hearing, the court shall make determinations pursuant to section 19-2-906.5 (3)(a).
(2) (a) The department of human services shall designate receiving centers for juvenile delinquents committed to the department.
(b) If a change is made in the designation of a receiving center by the department, it shall so notify the juvenile courts at least thirty days prior to the date that the change takes effect.
(3) (a) As provided in section 19-2-907, commitment of a juvenile to the department of human services shall be for a determinate period.
(b) (I) The juvenile court may commit any juvenile adjudicated as an aggravated juvenile offender for an offense other than an offense that would constitute a class 1 or class 2 felony if committed by an adult to the department of human services for a determinate period of up to five years.
The juvenile court shall commit any juvenile adjudicated as an aggravated juvenileoffender for an offense that would constitute a class 2 felony if committed by an adult to the department of human services for a determinate period of at least three but not more than five years.
The juvenile court shall commit any juvenile adjudicated as an aggravated juvenileoffender for an offense that would constitute a class 1 felony if committed by an adult to the department of human services for a determinate period of at least three but not more than seven years.
(c) The juvenile court may commit any juvenile who is not adjudicated an aggravated juvenile offender but is adjudicated for an offense that would constitute a felony or a misdemeanor to the department of human services, and the determinate period of commitment shall not exceed two years; except that, if the juvenile is ten or eleven years of age and is not adjudicated an aggravated juvenile offender, the juvenile may be committed to the department of human services only if the juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if committed by an adult.
(3.3) (a) On or before January 1, 2021, the department of human services, in consultation with the juvenile justice reform committee established pursuant to section 24-33.5-2401, shall develop a length of stay matrix and establish criteria to guide the release of juveniles from a state facility that are based on:
A juvenile's risk of reoffending, as determined by the results of a validated risk andneeds assessment adopted pursuant to section 24-33.5-2402 (1)(a);
The seriousness of the offense for which the juvenile was adjudicated delinquent;
The juvenile's progress in meeting treatment goals; and
Other criteria as determined by the department and the juvenile justice reform committee.
(b) In making release and discharge decisions, the department of human services shall use the matrix and release criteria developed pursuant to this subsection (3.3).
(3.5) For all hearings and reviews concerning a juvenile who is committed to the department of human services, the entity conducting the hearing or review shall ensure that notice is provided to the juvenile and to the following persons with whom the juvenile is placed:
Foster parents;
Pre-adoptive parents; or(c) Relatives.
The department of human services may petition the committing court to extend thecommitment for an additional period not to exceed two years. The petition shall set forth the reasons why it would be in the best interest of the juvenile or the public to extend the commitment. Upon filing the petition, the court shall set a hearing to determine whether the petition should be granted or denied and shall notify all interested parties.
(a) When a juvenile is placed in a community placement by the department of human services following commitment pursuant to section 19-2-601 or 19-2-907, an administrative review shall be conducted every six months after said placement for as long as the juvenile remains in a community placement under the department of human services.
(b) When a juvenile is placed in a community placement for a period of twelve months or longer, a court of competent jurisdiction or an administrative body appointed or approved by the court that is not under the supervision of the department shall conduct a permanency hearing pursuant to the federal "Social Security Act", 42 U.S.C. sec. 675 (5)(C) no later than the twelfth month of the community placement and at least every twelve months thereafter while the juvenile remains in a community placement. At the permanency hearing, the entity conducting the hearing shall make the following determinations:
Whether continued community placement is in the best interests of the juvenile andthe community;
Whether the juvenile's safety is protected in the community placement;
Whether reasonable efforts have been made to finalize the juvenile's permanencyplan that is in effect at that time;
Whether continued community placement is necessary and appropriate;
Whether there has been compliance with the juvenile's case plan;
Whether progress has been made toward alleviating or mitigating the causes thatnecessitated the community placement;
Whether there is a date projected by which the juvenile will be returned and safelymaintained in his or her home, placed for legal guardianship, or placed in a planned and permanent living arrangement; and
Whether procedural safeguards to preserve parental rights have been applied inconnection with the removal of the juvenile from the home, any change in the juvenile's community placement, or any determination affecting parental visitation.
(c) The entity conducting the permanency hearing shall consult with the juvenile, in an age-appropriate manner, concerning the juvenile's permanency plan.
Parole supervision of juveniles committed to the department of human services undersection 19-2-601 or 19-2-907, as determined by the juvenile parole board, shall not exceed six months, except as otherwise provided by statute.
When a juvenile is released or released to parole supervision by the department ofhuman services or escapes from said department, the department shall notify the committing court, the district attorney, the Colorado bureau of investigation, and the initiating law enforcement agency. If the juvenile is on parole status, the division of youth services shall notify the juvenile parole board, pursuant to section 19-2-1002 (7)(b)(II), of any discharge as a matter of law, any placement change that may impact public safety or victim safety as determined by the division of youth services, and any escape and recapture that occurs during the period of parole.
(7.5) If the terms and conditions of a juvenile's parole include the condition that the juvenile attend school, the department of human services shall notify the school district in which the juvenile will be enrolled of this condition.
When a juvenile is released by the department of human services to parole supervision, the payment of any remaining restitution shall be a condition of parole.
At least ninety days prior to expiration of commitment to the department of humanservices, notification shall be given to the responsible person who had custody of the juvenile immediately prior to the commitment. Reasonable efforts shall be made to return custody of the juvenile to the family or responsible person who had custody of the juvenile immediately prior to the commitment, unless a court of competent jurisdiction orders that custody of the juvenile shall be with a different person.
When custody of a juvenile who will be under the age of eighteen years at the timeof expiration of commitment cannot be determined or none of the resources described in subsection (9) of this section exist, the division of youth services shall make a referral to the lastknown county of residence of the responsible person having custody of the juvenile immediately prior to the commitment. The referral to the county must be made by the division of youth services at least ninety days prior to the expiration of the juvenile's commitment. The county department of human or social services shall conduct an assessment of the child protection needs of the juvenile and, pursuant to rules adopted by the state board, provide services in the best interest of the juvenile. The division of youth services shall work in collaboration with the county department of human or social services conducting the assessment and shall provide parole supervision services as described in section 19-2-1003.
If a juvenile who is committed to the department of human services escapes from afacility operated by the department or a facility with which the department contracts, the department shall not count the time the juvenile is on escape status toward completion of the juvenile's commitment.
Source: L. 96: Entire article amended with relocations, p. 1667, § 1, effective January 1, 1997. L. 97: (3)(c) amended, p. 998, § 2, effective May 27; (3)(b) amended, p. 1031, § 68, effective August 6. L. 99: (3)(b) amended, p. 34, § 2, effective July 1. L. 2001: (6) amended, p. 584, § 2, effective July 1. L. 2003: (6) amended, p. 1518, § 2, effective May 1. L. 2006: (1.5) added and (5) amended, p. 509, § 4, effective April 18. L. 2007: (3.5) and (5)(c) added, p. 1017, §§ 5, 4, effective May 22. L. 2008: (7) and (9) amended and (7.5) and (10) added, p. 1107, § 13, effective July 1. L. 2010: (11) added, (HB 10-1065), ch. 27, p. 102, § 1, effective March 18. L. 2017: (7) and (10) amended, (HB 17-1329), ch. 381, p. 1976, § 39, effective June 6. L. 2018: (1.5)(b) and (10) amended, (SB 18-092), ch. 38, p. 417, § 50, effective August 8. L. 2019: (3.3) added, (SB 19-108), ch. 294, p. 2721, § 17, effective July 1. L. 2020: IP(1.5)(a) amended and (1.5)(a)(III) added, (SB 20-162), ch. 221, p. 1090, § 5, effective July 2.
Editor's note: This section was formerly numbered as 19-2-704. Prior to relocation in 1996, the said section 19-2-704 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 19-3-114 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.