(1) An appeal as provided in the introductory portion to section 13-4-102 (1), C.R.S., may be taken from any order, decree, or judgment. Appellate procedure shall be as provided by the Colorado appellate rules. Initials shall appear on the record on appeal in place of the name of the child and respondents. Appeals shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.
(2) (a) The people of the state of Colorado shall have the same right to appeal questions of law in delinquency cases as exists in criminal cases.
(b) An order terminating or refusing to terminate the legal relationship between a parent or parents and one or more of the children of such parent or parents on a petition, or between a child and one or both parents of the child, shall be a final and appealable order.
(c) An order decreeing a child to be neglected or dependent shall be a final and appealable order after the entry of the disposition pursuant to section 19-3-508. Any appeal shall not affect the jurisdiction of the trial court to enter such further dispositional orders as the court believes to be in the best interests of the child.
(3) (a) The child welfare appeals workgroup is established in the state judicial department and referred to in this subsection (3) as the "workgroup". The purpose of the workgroup is to consider necessary changes to practices, rules, and statutes to ensure that appeals in cases concerning relinquishment, adoption, and dependency and neglect are resolved within six months after being filed.
(b) Beginning January 1, 2022, the workgroup shall monitor, for two years, the implementation of the recommendations of the workgroup's 2021 final report, determine if other issues are contributing to appellate delay, study opportunities to reduce delay in child welfare appeals, and provide training. No later than January 1, 2023, the judicial department shall report to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees, on the status of the workgroup's data collection; identified necessary resources; progress made on implementation of the recommendations; outstanding recommendations; additional changes to practices, rules, and statutes necessary to ensure that appeals are resolved within six months of filing; and the impact those recommendations are having on appellate delay. No later than July 1, 2024, the workgroup shall also issue a final report.
Source: L. 87: Entire title R&RE, p. 702, § 1, effective October 1. L. 97: (2) amended and (3) added, p. 1433, § 7, effective July 1. L. 2000: (3) amended, p. 1546, § 3, effective August 2. L. 2022: (3) amended, (HB 22-1113), ch. 56, p. 261, § 2, effective August 10.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-112 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in HB 22-1113, see section 1 of chapter 56, Session Laws of Colorado 2022.
Notes of Decisions
Cited in
58
cases (
10 in the last 5 years), 1978–2026 · leading case:
In re S.M-L, 2016 COA 173 (Colo. Ct. App. 2016).
In re S.M-L, 2016 COA 173 (Colo. Ct. App. 2016).
· cites it 15× “S. 2016 (reinstatement of the parent-child legal relationship); and (4) final orders of permanent legal custody entered pursuant to sections 19-3-605 and 19-3-702, C.”
in Interest of C.B, 2019 COA 168 (Colo. Ct. App. 2019).
· cites it 8× “, § 19-1-109(1); see also People in Interest of P.”
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018).
· cites it 7× “, § 19-1-109(1) (Appeals involving dependency and neglect proceedings “shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.”
in Interest of R.J, 2019 COA 109 (Colo. Ct. App. 2019).
· cites it 8× “In turn, section 19-1-109(1) says that “[a]n appeal as provided in the introductory portion to section 13-4-102(1), C.”
in the Interest of H.T. —, 2019 COA 72 (Colo. Ct. App. 2019).
· cites it 24× “4(a), which governs appeals in dependency and neglect cases, provides that a party may appeal orders from dependency or neglect proceedings as permitted by section 19-1-109. As relevant here, section 19-1-109(2)(c) provides that “[a]n order decreeing a child to be neglected or…”
in Interest of M.R.M, 2021 COA 22 (Colo. Ct. App. 2021).
· cites it 19× “¶ 35 Under section 19-1-109, in a dependency and neglect proceeding, a post-dispositional order that neither terminates parental rights nor declines to terminate them generally doesn’t end the proceeding and isn’t deemed a final, appealable order.”
In re Adoption of I.E.H, 2019 COA 40 (Colo. Ct. App. 2019).
· cites it 10× “4 ¶ 17 Section 19-1-109, C.R.S. 2018, governs appeals from proceedings under the Colorado Children’s Code, including stepparent adoptions.”
People Ex Rel. Ae, 994 P.2d 465 (Colo. Ct. App. 1999).
· cites it 25× “First, one factor militating in favor of the conclusion that appeals from orders terminating the rights of one parent are optional stems from the 1997 amendment to § 19-1-109, C.R.S., which specifies that an order terminating the parental rights of one parent "shall be a final…”
People v. Hinchman, 589 P.2d 917 (Colo. 1978).
· cites it 12× “" Section 19-1-109(2), C.R.S.1973. Without addressing the extent of the restrictions the statute imposes, we find the trial court's accommodation of the competing interests in this case appropriate and within the bounds of its discretion to determine the scope of…”
In Re People Ex Rel. A.H., 216 P.3d 581 (Colo. 2009).
· cites it 14× “However, section 19-1-109, C.R.S. (2008), specifically states that orders regarding a parent's legal relationship to a child, as well as adjudications of dependency and neglect, are final and appealable.”
A.L.L. v. People, 226 P.3d 1054 (Colo. 2010).
· cites it 6× “(2009) (right to counsel); § 19-1-109@)(b), C.R.S. (2009) (right to an appeal).”
People in the Interest of B.D, 2019 COA 57 (Colo. Ct. App. 2019).
“7(a) may not alter the magistrate’s factual findings unless clearly erroneous. C.R.M. 7(a)(9).”
— Colo. Rev. Stat. § 19-1-109(1) — 14 cases
in Interest of M.R.M, 2021 COA 22 (Colo. Ct. App. 2021).
“¶ 35 Under section 19-1-109, in a dependency and neglect proceeding, a post-dispositional order that neither terminates parental rights nor declines to terminate them generally doesn’t end the proceeding and isn’t deemed a final, appealable order.”
in Interest of R.J, 2019 COA 109 (Colo. Ct. App. 2019).
“In turn, section 19-1-109(1) says that “[a]n appeal as provided in the introductory portion to section 13-4-102(1), C.”
In re Adoption of I.E.H, 2019 COA 40 (Colo. Ct. App. 2019).
“4 ¶ 17 Section 19-1-109, C.R.S. 2018, governs appeals from proceedings under the Colorado Children’s Code, including stepparent adoptions.”
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018).
“, § 19-1-109(1) (Appeals involving dependency and neglect proceedings “shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.”
in Interest of C.B, 2019 COA 168 (Colo. Ct. App. 2019).
“, § 19-1-109(1); see also People in Interest of P.”
— Colo. Rev. Stat. § 19-1-109(2) — 13 cases
People v. Hinchman, 589 P.2d 917 (Colo. 1978).
“" Section 19-1-109(2), C.R.S.1973. Without addressing the extent of the restrictions the statute imposes, we find the trial court's accommodation of the competing interests in this case appropriate and within the bounds of its discretion to determine the scope of…”
in the Interest of H.T. —, 2019 COA 72 (Colo. Ct. App. 2019).
“4(a), which governs appeals in dependency and neglect cases, provides that a party may appeal orders from dependency or neglect proceedings as permitted by section 19-1-109. As relevant here, section 19-1-109(2)(c) provides that “[a]n order decreeing a child to be neglected or…”
— Colo. Rev. Stat. § 19-1-109(2)(a) — 3 cases
— Colo. Rev. Stat. § 19-1-109(2)(b) — 19 cases
In re S.M-L, 2016 COA 173 (Colo. Ct. App. 2016).
“S. 2016 (reinstatement of the parent-child legal relationship); and (4) final orders of permanent legal custody entered pursuant to sections 19-3-605 and 19-3-702, C.”
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018).
“, § 19-1-109(1) (Appeals involving dependency and neglect proceedings “shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.”
People Ex Rel. Ae, 994 P.2d 465 (Colo. Ct. App. 1999).
“First, one factor militating in favor of the conclusion that appeals from orders terminating the rights of one parent are optional stems from the 1997 amendment to § 19-1-109, C.R.S., which specifies that an order terminating the parental rights of one parent "shall be a final…”
A.L.L. v. People, 226 P.3d 1054 (Colo. 2010).
“(2009) (right to counsel); § 19-1-109@)(b), C.R.S. (2009) (right to an appeal).”
in Interest of M.R.M, 2021 COA 22 (Colo. Ct. App. 2021).
“¶ 35 Under section 19-1-109, in a dependency and neglect proceeding, a post-dispositional order that neither terminates parental rights nor declines to terminate them generally doesn’t end the proceeding and isn’t deemed a final, appealable order.”
— Colo. Rev. Stat. § 19-1-109(2)(b)(c) — 1 case
— Colo. Rev. Stat. § 19-1-109(2)(c) — 24 cases
in Interest of C.B, 2019 COA 168 (Colo. Ct. App. 2019).
“, § 19-1-109(1); see also People in Interest of P.”
In re S.M-L, 2016 COA 173 (Colo. Ct. App. 2016).
“S. 2016 (reinstatement of the parent-child legal relationship); and (4) final orders of permanent legal custody entered pursuant to sections 19-3-605 and 19-3-702, C.”
in Interest of R.J, 2019 COA 109 (Colo. Ct. App. 2019).
“In turn, section 19-1-109(1) says that “[a]n appeal as provided in the introductory portion to section 13-4-102(1), C.”
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018).
“, § 19-1-109(1) (Appeals involving dependency and neglect proceedings “shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.”
in the Interest of H.T. —, 2019 COA 72 (Colo. Ct. App. 2019).
“4(a), which governs appeals in dependency and neglect cases, provides that a party may appeal orders from dependency or neglect proceedings as permitted by section 19-1-109. As relevant here, section 19-1-109(2)(c) provides that “[a]n order decreeing a child to be neglected or…”
— Colo. Rev. Stat. § 19-1-109(3) — 6 cases
In Re People Ex Rel. A.H., 216 P.3d 581 (Colo. 2009).
“However, section 19-1-109, C.R.S. (2008), specifically states that orders regarding a parent's legal relationship to a child, as well as adjudications of dependency and neglect, are final and appealable.”
People Ex Rel. Ae, 994 P.2d 465 (Colo. Ct. App. 1999).
“First, one factor militating in favor of the conclusion that appeals from orders terminating the rights of one parent are optional stems from the 1997 amendment to § 19-1-109, C.R.S., which specifies that an order terminating the parental rights of one parent "shall be a final…”
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