Colo. Rev. Stat. » Title 19
Colorado Revised Statutes

Colo. Rev. Stat. § 19-3-102 (2026)

Neglected or dependent child

✓ current as of July 2026
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(1) A child is neglected or dependent if:

(a) A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;

(b) The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;

(c) The child's environment is injurious to his or her welfare;

(d) A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being;

(e) The child is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;

(f) The child has run away from home or is otherwise beyond the control of his or her parent, guardian, or legal custodian;

(g) The child is born affected by alcohol or substance exposure, except when taken as prescribed or recommended and monitored by a licensed health care provider, and the newborn child's health or welfare is threatened by substance use.

(2) A child is neglected or dependent if:

(a) A parent, guardian, or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse; and

(b) Such parent, guardian, or legal custodian has been the respondent in another proceeding under this article in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has determined that such parent's, guardian's, or legal custodian's abuse or neglect has caused the death of another child; and

(c) The pattern of habitual abuse described in paragraph (a) of this subsection (2) and the type of abuse described in the allegations specified in paragraph (b) of this subsection (2) pose a current threat to the child.

Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 97: Entire section amended, p. 516, § 2, effective July 1; entire section amended, p. 1433, § 8, effective July 1. L. 2005: (1)(g) added, p. 587, § 2, effective July 1. L. 2020: (1)(g) amended, (SB 20-028), ch. 186, p. 854, § 5, effective June 30.

Editor's note: (1) 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- 103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

(2) Amendments to this section by Senate Bill 97-218 and Senate Bill 97-71 were harmonized.

Notes of Decisions
Cited in 148 cases (70 in the last 5 years), 1979–2026 · leading case: People in the Interest of J.G, 2016 CO 39 (Colo. 2016).
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People in the Interest of J.G, 2016 CO 39 (Colo. 2016). · cites it 98× “The adjudication requires the fact finder to determine the status of the child, that is, whether he or she is “neglected or dependent” pursuant to section 19-3-102, C.R.S. (2015). Because the proceeding focuses on the child’s best interests, we have stated that a dependency or…”
In re S.M-L, 2016 COA 173 (Colo. Ct. App. 2016). · cites it 20× “Applicable Law and Standard of Review ¶ 25 A child may be adjudicated dependent or neglected if the State proves, by a preponderance of the evidence, that one or more of the conditions set forth in section 19-3-102 exists. As relevant here, subsections 102(1)(a), (b), (c), and…”
People ex rel. J.W. v. C.O., 406 P.3d 853 (Colo. 2017). · cites it 10× “If the State suspects that a child may be dependent or neglected, it must file a petition under section 19-3-502, C.R.S.”
in Interest of M.H-K, 2018 COA 178 (Colo. Ct. App. 2018). · cites it 5× “To the contrary, the petition listed every possible statutory ground for adjudication under section 19-3-102(1), including some that could not possibly have applied to this case.”
People v. M.L., 370 P.3d 1151 (Colo. 2016). · cites it 22× “See § 19-3-102(1), C.R.S. (2015). Mother ("ML.”
K.D. v. People, 139 P.3d 695 (Colo. 2006). · cites it 5× “A child may be placed out of the home if adjudicated dependent or neglected as defined in section 19-3-102, C.R.S. (2005). See § 19-3-508, C.”
People ex rel. S.X.M., 271 P.3d 1124 (Colo. Ct. App. 2011). · cites it 22× “Compliance with Section 19-3-102 Father argues that the jury instructions given by the trial court encouraged the jury to make findings that do not support an adjudication that the child was "dependent and neglected" at the time of the hearing, and thus, do not support the…”
People in Interest of L.M, 2018 CO 34 (Colo. 2018). · cites it 4× “See § 19-3-508(1)(e) (“[T]he court may find that an appropriate treatment plan cannot be devised as to a particular respondent because the child has been abandoned as set forth in section 19-3-604(1)(a) and the parents cannot be located, or because the child has been adjudicated…”
People ex rel. K.J.B., 342 P.3d 597 (Colo. Ct. App. 2014). · cites it 3× “Then, without hearing evidence, it sustained the department's allegations under multiple provisions of section 19-3-102(1), C.R.S. 2014, and adjudicated the child dependent and neglected by default judgment.”
The People of the State of Colorado v. A.B. & J.S. In the Interest of Minor Child: B.C.B.; & B.C.B., 2025 CO 28 (Colo. 2025). · cites it 29× “¶86 To the extent the legislature's changes to subsection (1)(g) might be perceived as endangering infants whose parents are ill-equipped to care for them, numerous grounds for a dependency-or-neglect finding under section 19-3-102(1) guard against such an outcome.”
People ex rel. S.G.L., 214 P.3d 580 (Colo. Ct. App. 2009). · cites it 6× “" § 19-3-102(1)(b)-(c), C.R.8.2008. "The purpose of an adjudicatory hearing is to determine whether the factual allegations in the dependency and neglect petition are supported by a preponderance of the evidence, and whether the status of the subject child or children warrants…”
People in Interest of SB, 742 P.2d 935 (Colo. Ct. App. 1987). · cites it 4× “8B) (petition initiation, preliminary investigation, and informal adjustment); *942 § 19-3-102, C.R.S. (1986 Repl.Vol. 8B) (petition form and contents, which must include a warning that termination of the parent-child relationship is a possible remedy); § 19-3-103, C.”
Show all 148 citing cases →
— Colo. Rev. Stat. § 19-3-102(1) — 23 cases
People in the Interest of J.G, 2016 CO 39 (Colo. 2016). “The adjudication requires the fact finder to determine the status of the child, that is, whether he or she is “neglected or dependent” pursuant to section 19-3-102, C.R.S. (2015). Because the proceeding focuses on the child’s best interests, we have stated that a dependency or…”
in Interest of M.H-K, 2018 COA 178 (Colo. Ct. App. 2018). “To the contrary, the petition listed every possible statutory ground for adjudication under section 19-3-102(1), including some that could not possibly have applied to this case.”
People ex rel. K.J.B., 342 P.3d 597 (Colo. Ct. App. 2014). “Then, without hearing evidence, it sustained the department's allegations under multiple provisions of section 19-3-102(1), C.R.S. 2014, and adjudicated the child dependent and neglected by default judgment.”
People v. M.L., 370 P.3d 1151 (Colo. 2016). “See § 19-3-102(1), C.R.S. (2015). Mother ("ML.”
People ex rel. S.N. v. S.N., 329 P.3d 276 (Colo. 2014).
— Colo. Rev. Stat. § 19-3-102(1)(a) — 23 cases
In re S.M-L, 2016 COA 173 (Colo. Ct. App. 2016). “Applicable Law and Standard of Review ¶ 25 A child may be adjudicated dependent or neglected if the State proves, by a preponderance of the evidence, that one or more of the conditions set forth in section 19-3-102 exists. As relevant here, subsections 102(1)(a), (b), (c), and…”
People v. Interest of Tt, 128 P.3d 328 (Colo. Ct. App. 2005).
People in the Interest of J.G, 2016 CO 39 (Colo. 2016). “The adjudication requires the fact finder to determine the status of the child, that is, whether he or she is “neglected or dependent” pursuant to section 19-3-102, C.R.S. (2015). Because the proceeding focuses on the child’s best interests, we have stated that a dependency or…”
People in re L.K, 2016 COA 112 (Colo. Ct. App. 2016).
Eo v. People, El Paso Cnty. Dss, 854 P.2d 797 (Colo. 1993).
— Colo. Rev. Stat. § 19-3-102(1)(b) — 49 cases
People ex rel. S.X.M., 271 P.3d 1124 (Colo. Ct. App. 2011). “Compliance with Section 19-3-102 Father argues that the jury instructions given by the trial court encouraged the jury to make findings that do not support an adjudication that the child was "dependent and neglected" at the time of the hearing, and thus, do not support the…”
in Interest of M.H-K, 2018 COA 178 (Colo. Ct. App. 2018). “To the contrary, the petition listed every possible statutory ground for adjudication under section 19-3-102(1), including some that could not possibly have applied to this case.”
People ex rel. S.N., 338 P.3d 508 (Colo. Ct. App. 2014).
People ex rel. N.G., 303 P.3d 1207 (Colo. Ct. App. 2012).
People in Interest of M.V, 2018 COA 163 (Colo. Ct. App. 2018).
— Colo. Rev. Stat. § 19-3-102(1)(c) — 26 cases
People in the Interest of J.G, 2016 CO 39 (Colo. 2016). “The adjudication requires the fact finder to determine the status of the child, that is, whether he or she is “neglected or dependent” pursuant to section 19-3-102, C.R.S. (2015). Because the proceeding focuses on the child’s best interests, we have stated that a dependency or…”
People ex rel. J.W. v. C.O., 406 P.3d 853 (Colo. 2017). “If the State suspects that a child may be dependent or neglected, it must file a petition under section 19-3-502, C.R.S.”
People v. M.L., 370 P.3d 1151 (Colo. 2016). “See § 19-3-102(1), C.R.S. (2015). Mother ("ML.”
People ex rel. S.G.L., 214 P.3d 580 (Colo. Ct. App. 2009). “" § 19-3-102(1)(b)-(c), C.R.8.2008. "The purpose of an adjudicatory hearing is to determine whether the factual allegations in the dependency and neglect petition are supported by a preponderance of the evidence, and whether the status of the subject child or children warrants…”
in Interest of C.W.B., Jr, 2018 CO 8 (Colo. 2018).
— Colo. Rev. Stat. § 19-3-102(1)(d) — 3 cases
In re S.M-L, 2016 COA 173 (Colo. Ct. App. 2016). “Applicable Law and Standard of Review ¶ 25 A child may be adjudicated dependent or neglected if the State proves, by a preponderance of the evidence, that one or more of the conditions set forth in section 19-3-102 exists. As relevant here, subsections 102(1)(a), (b), (c), and…”
Peo in Interest of PR (Colo. Ct. App. 2025).
Peo in Interest of LW (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 19-3-102(1)(e) — 24 cases
People in the Interest of J.G, 2016 CO 39 (Colo. 2016). “The adjudication requires the fact finder to determine the status of the child, that is, whether he or she is “neglected or dependent” pursuant to section 19-3-102, C.R.S. (2015). Because the proceeding focuses on the child’s best interests, we have stated that a dependency or…”
People v. M.L., 370 P.3d 1151 (Colo. 2016). “See § 19-3-102(1), C.R.S. (2015). Mother ("ML.”
People ex rel. S.G.L., 214 P.3d 580 (Colo. Ct. App. 2009). “" § 19-3-102(1)(b)-(c), C.R.8.2008. "The purpose of an adjudicatory hearing is to determine whether the factual allegations in the dependency and neglect petition are supported by a preponderance of the evidence, and whether the status of the subject child or children warrants…”
People ex rel. N.D.V., 224 P.3d 410 (Colo. Ct. App. 2009).
People ex rel. A.H., 271 P.3d 1116 (Colo. Ct. App. 2011).
— Colo. Rev. Stat. § 19-3-102(1)(f) — 3 cases
in Interest of M.H-K, 2018 COA 178 (Colo. Ct. App. 2018). “To the contrary, the petition listed every possible statutory ground for adjudication under section 19-3-102(1), including some that could not possibly have applied to this case.”
People in Interest of CCG, 873 P.2d 41 (Colo. Ct. App. 1994).
People in Interest of O.J.R., 2025 COA 78 (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 19-3-102(1)(g) — 8 cases
The People of the State of Colorado v. A.B. & J.S. In the Interest of Minor Child: B.C.B.; & B.C.B., 2025 CO 28 (Colo. 2025). “¶86 To the extent the legislature's changes to subsection (1)(g) might be perceived as endangering infants whose parents are ill-equipped to care for them, numerous grounds for a dependency-or-neglect finding under section 19-3-102(1) guard against such an outcome.”
in Interest of M.H-K, 2018 COA 178 (Colo. Ct. App. 2018). “To the contrary, the petition listed every possible statutory ground for adjudication under section 19-3-102(1), including some that could not possibly have applied to this case.”
People v. Interest of Tt, 128 P.3d 328 (Colo. Ct. App. 2005).
Peo in Interest of MV (Colo. Ct. App. 2024).
Peo in Int of VDC (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 19-3-102(2) — 13 cases
People in Interest of L.M, 2018 CO 34 (Colo. 2018). “See § 19-3-508(1)(e) (“[T]he court may find that an appropriate treatment plan cannot be devised as to a particular respondent because the child has been abandoned as set forth in section 19-3-604(1)(a) and the parents cannot be located, or because the child has been adjudicated…”
K.D. v. People, 139 P.3d 695 (Colo. 2006). “A child may be placed out of the home if adjudicated dependent or neglected as defined in section 19-3-102, C.R.S. (2005). See § 19-3-508, C.”
in Interest of L.M, 2018 COA 57 (Colo. Ct. App. 2018).
People ex rel. S.N. v. S.N., 329 P.3d 276 (Colo. 2014).
People ex rel. Z.P.S., 369 P.3d 814 (Colo. Ct. App. 2016).
— Colo. Rev. Stat. § 19-3-102(2)(b) — 1 case
Peo in Interest of DM-KB (Colo. Ct. App. 2024).
— Colo. Rev. Stat. § 19-3-102(3) — 4 cases
S.L. v. Dist. Court ex rel. Tenth Jud. Dist., 676 P.2d 12 (Colo. 1984).
People in Interest of Baby Girl D., 610 P.2d 1086 (Colo. Ct. App. 1980).
People in Interest of MM, 726 P.2d 1108 (Colo. 1986).
Sl v. Dist. Court in & for 10th Jud. Dist., 676 P.2d 12 (Colo. 1984).
— Colo. Rev. Stat. § 19-3-102(4) — 1 case
Pueblo Cnty. Commissioners v. Dist. Court in & for the Tenth Jud. Dist., 708 P.2d 466 (Colo. 1985).
— Colo. Rev. Stat. § 19-3-102(a) — 1 case
Peo in Interest of JM (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 19-3-102(d) — 1 case
Peo in Interest of PR (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 19-3-102(e) — 1 case
Peo in Interest of IEA (Colo. Ct. App. 2024).
— Colo. Rev. Stat. § 19-3-102(f) — 1 case
Peo in Interest of JM (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 19-3-102(l)(a) — 2 cases
People ex rel. J.W. v. C.O., 406 P.3d 853 (Colo. 2017). “If the State suspects that a child may be dependent or neglected, it must file a petition under section 19-3-502, C.R.S.”
LAG v. People in Interest of AAG, 912 P.2d 1385 (Colo. 1996).
— Colo. Rev. Stat. § 19-3-102(l)(b) — 2 cases
People ex rel. J.W. v. C.O., 406 P.3d 853 (Colo. 2017). “If the State suspects that a child may be dependent or neglected, it must file a petition under section 19-3-502, C.R.S.”
People ex rel. C.C.G., 873 P.2d 41 (Colo. Ct. App. 1994).
— Colo. Rev. Stat. § 19-3-102(l)(c) — 2 cases
People ex rel. J.W. v. C.O., 406 P.3d 853 (Colo. 2017). “If the State suspects that a child may be dependent or neglected, it must file a petition under section 19-3-502, C.R.S.”
People v. M.L., 370 P.3d 1151 (Colo. 2016). “See § 19-3-102(1), C.R.S. (2015). Mother ("ML.”
— Colo. Rev. Stat. § 19-3-102(l)(e) — 2 cases
M.S. v. People, 812 P.2d 632 (Colo. 1991).
Young v. C.A.H., 176 P.3d 726 (Colo. 2007).
— Colo. Rev. Stat. § 19-3-102(l)(f) — 1 case
People ex rel. C.C.G., 873 P.2d 41 (Colo. Ct. App. 1994).
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