Colorado Revised Statutes

Colo. Rev. Stat. § 19-3-201 (2026)

Venue

✓ current as of July 2026

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(1) (a) Except as provided in subsection (1)(b) of this section, all proceedings brought pursuant to this article 3 must be commenced in the county in which the child resides or is present.

(b) A county department, guardian ad litem or counsel for youth, or other person filing a petition for reinstatement of the parent-child legal relationship as set forth in section 19-3-612 must file the petition for the reinstatement of the parent-child legal relationship in the county or city and county that has legal custody of the child.

(1.5) For purposes of determining proper venue, a child who is placed in the legal custody of a county department shall be deemed for the entire period of placement to reside in the county in which the child's legal parent or guardian resides or is located, even if the child is physically residing in a foster care or residential facility located in another county. In such circumstance, if a child is placed out of the home, the court shall not transfer venue pursuant to subsection (2) of this section during the period of out-of-home placement to any county other than the county in which the child's legal parent or guardian resides or is located.

(2) When proceedings are commenced pursuant to this article 3 in a county other than that of the child's residence, the court in which proceedings were initiated may, on its own motion or on the motion of any interested party, transfer the case to the court in the county where the child's legal parent or guardian resides or is located unless any of the following circumstances exist:

(a) The transfer would be detrimental to the best interests of the child;

(b) Adjudication has not taken place and the case has not been continued pursuant to section 19-3-505 (5);

(c) The legal parent or guardian has a history of frequent moves unless there is evidence of stability in the most recent move indicating an intent to remain in the new residence for six or more months, such as the legal parent or guardian has signed a lease whose term is six or more months;

(d) The case is likely to be closed within three to six months;

(e) The transfer will disrupt continuity or provisions of services; or

(f) The case is an expedited permanency planning case, unless the requirements of subsection (3) of this section have been met. Pursuant to subsection (3) of this section, the presumption that a transfer of the proceedings is not in the child's best interest has been rebutted by a preponderance of the evidence.

(2.5) The county attorney of a county that files a motion to change venue pursuant to this section shall immediately provide notice of the motion to the proposed receiving county. Upon receipt of a motion to change venue, the court shall set a hearing to rule on the motion. The requesting county attorney shall provide fourteen days written notice of the hearing to the office of the county attorney in the proposed receiving county, who shall have a right to file responsive pleadings and appear at the hearing.

(3) In a county designated pursuant to section 19-1-123, if the child is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), it shall be presumed that any transfer of proceedings pursuant to subsection (2) of this section without good cause shown that results in a delay in the judicial proceedings would be detrimental to the child's best interests. Such presumption may be rebutted by a preponderance of the evidence.

(4) (a) An order granting a change of venue and transferring jurisdiction to the court in the county in which the child resides shall be effective fifteen days after the transferring court signs the order. Within thirty days after signing the order, the transferring court shall forward the court file, including originals or certified copies of all documents and reports, to the receiving court.

(b) The order granting a change of venue and transferring jurisdiction must include:

(I) Notice to the receiving court of whether a respondent parent's counsel and the guardian ad litem or counsel for youth appointed for the child will remain on the case. If a respondent parent's counsel or the guardian ad litem or counsel for youth for the child will not remain on the case, the order must inform the receiving court that the receiving court shall make a new appointment of counsel or guardian ad litem or counsel for youth.

(II) Notice that the transferring court shall vacate any existing hearing date after the effective date of the order.

(5) When venue is transferred, as set forth in subsection (2) of this section, the receiving court shall proceed with the case as if the petition had been originally filed or adjudication had been originally made in that court. The receiving court shall hold an initial hearing in the case within thirty days after the effective date of the order granting a change of venue and transferring jurisdiction to the receiving court.

(6) A motion for change of venue shall be made in writing and shall include a certification by the moving party that the moving party has complied with all statutory requirements. The motion for change of venue shall be mailed to all parties and attorneys of record in the case and to the county attorney in the receiving county.

Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 94: (2) amended, p. 2053, § 5, effective July 1. L. 2010: Entire section amended, (HB 10-1359), ch. 223, p. 968, § 1, effective September 1. L. 2014: (1) amended, (SB 14-062), ch. 77, p. 315, § 2, effective August 6. L. 2016: (2) amended and (1.5) and (2.5) added, (HB 16-1316), ch. 127, p. 362, § 1, effective August 10. L. 2018: IP(2) and (2)(b) amended, (HB 18-1257), ch. 197, p. 1291, § 1, effective August 8. L. 2022: (1), IP(4)(b), and (4)(b)(I) amended, (HB 22-1038), ch. 92, p. 440, § 21, effective January 9, 2023.

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 19-1-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. 19-3-201.5. Change of venue - county department and county attorney responsibilities - rules. (1) Each county department shall designate a change of venue coordinator to facilitate the transfer of jurisdiction of a case between county departments.

(2) Within fifteen days after a court signs an order pursuant to section 19-3-201 granting a change of venue and transferring jurisdiction, the transferring county department shall:

(a) Provide written case information to the designated change of venue coordinator in the receiving county, which information shall include, but need not be limited to, permanency goals, target dates relating to the case, evaluations, a current family services plan, court reports, dates of placement moves, the progress of the child in placement, all Title IV-E eligibility determinations pursuant to the federal "Social Security Act", as amended, and recommendations for continuing progress in the case;

(b) Update all documentation in the case file, including the record in the state automated system;

(c) Provide information concerning, to the extent known, the physical location of the child's parents, guardians, legal custodians, and relatives; and

(d) (I) Schedule a family engagement meeting involving all parties, county department caseworkers and supervisors, and community providers; or

(II) Conduct a case staffing between county caseworkers and supervisors in the transferring and receiving county departments; or

(III) Submit a written case transfer summary.

(3) Within fifteen days after a court signs an order pursuant to section 19-3-201 granting a change of venue and transferring jurisdiction, the transferring county attorney's office shall forward a complete copy of the case file, excluding any confidential attorney-client communications, to the county attorney's office in the receiving county.

(4) The state department shall promulgate, in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., any rules necessary for the effective transfer of case responsibilities between county departments resulting from a change of venue pursuant to section 19-3-201.

Source: L. 2010: Entire section added, (HB 10-1359), ch. 223, p. 969, § 2, effective September 1.

Cross references: For Title IV-E of the federal "Social Security Act", see 42 U.S.C. § 670 et seq.

Notes of Decisions

Cited in 12 cases (5 in the last 5 years), 1991–2026 · leading case: in the Interest of C.N, 2018 COA 165 (Colo. Ct. App. 2018).

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in the Interest of C.N, 2018 COA 165 (Colo. Ct. App. 2018). · cites it 3× “Section 19-3-201(1)(a), C.R.S. 2018, states that, except in cases reinstating parental rights, “all proceedings brought under this article shall be commenced in the county in which the child resides or is present.”

Associated Governments of Nw. Colorado v. Colorado Pub. Utils. Comm'n, 275 P.3d 646 (Colo. 2012). · cites it 4× “¶ 21 Section 19-3-201, C.R.S. (2011), provides, "All proceedings brought under this article shall be commenced in the county in which the child resides or is present.”

People ex rel. C.M., 116 P.3d 1278 (Colo. Ct. App. 2005). “, supra; see §§ 19-3-201, 19 — 3— 502, C.R.S.2004. To determine whether the factual allegations of the petition are supported by a preponderance of the evidence and whether the status of the child warrants protective or corrective state intervention into the family, an…”

Berges v. Cnty. Court of Douglas Cnty., 2016 COA 146 (Colo. Ct. App. 2016). “, §§ 19-3-201, -202, -203, - 205, -208, -209, -212,- C.”

People ex rel. T.L.D., 809 P.2d 1120 (Colo. Ct. App. 1991). · cites it 3× “Initially, the respondents filed a motion to dismiss alleging lack of jurisdiction pursuant to § 19-3-201, C.R.S. (1986 Repl.Vol. 8B). The trial court treated this motion as one pursuant to C.”

Peo in Interest of SR (Colo. Ct. App. 2025). · cites it 11× “Applicable Law and Standard of Review ¶ 26 Under section 19-3-201, all proceedings in a dependency and neglect case must be commenced in the county in which the child resides or is present.”

People Ex Rel. Cm, 116 P.3d 1278 (Colo. Ct. App. 2005). “, supra ; see §§ 19-3-201, 19-3-502, C.R.S.2004. To determine whether the factual allegations of the petition are supported by a preponderance of the evidence and whether the status of the child warrants protective or corrective state intervention into the family, an…”

Peo in Interest of ALB (Colo. Ct. App. 2025). · cites it 7× “¶ 16 The juvenile court initially determined that it had subject matter jurisdiction under section 19-3-201(1)(a), C.R.S. 2024. But section 19-3-201(1)(a) concerns venue, and “subject matter jurisdiction and venue analyses serve different purposes and ask 6 different questions.”

People in Interest of C.N.T. (Colo. Ct. App. 2026). · cites it 5× “” But father cannot establish deficient performance because his attorney, in fact, moved to change venue under section 19-3-201(2), C.R.S. 2025, and only withdrew the motion at father’s request.”

People in Interest of TLD, 809 P.2d 1120 (Colo. Ct. App. 1991). · cites it 3× “Initially, the respondents filed a motion to dismiss alleging lack of jurisdiction pursuant to § 19-3-201, C.R.S. (1986 Repl.Vol. 8B). The trial court treated this motion as one pursuant to C.”

Peo in Interest of PM (Colo. Ct. App. 2024). · cites it 3× “¶ 44 Section 19-3-201(2), C.R.S. 2024, allows a juvenile court to grant a change of venue “to the court in the county where the child’s legal parent or guardian resides” if the court has (1) adjudicated the child dependent and neglected or (2) entered a deferred adjudication…”

Peo in Interest of OF (Colo. Ct. App. 2026). · cites it 2× “” § 19-3-201(1.5). After hearing argument on its own motion for change of venue, the court 6 determined the child was a resident of both El Paso and Pueblo Counties.”

— Colo. Rev. Stat. § 19-3-201(1)(a) — 3 cases

in the Interest of C.N, 2018 COA 165 (Colo. Ct. App. 2018). “Section 19-3-201(1)(a), C.R.S. 2018, states that, except in cases reinstating parental rights, “all proceedings brought under this article shall be commenced in the county in which the child resides or is present.”

Peo in Interest of ALB (Colo. Ct. App. 2025). “¶ 16 The juvenile court initially determined that it had subject matter jurisdiction under section 19-3-201(1)(a), C.R.S. 2024. But section 19-3-201(1)(a) concerns venue, and “subject matter jurisdiction and venue analyses serve different purposes and ask 6 different questions.”

Peo in Interest of SR (Colo. Ct. App. 2025). “Applicable Law and Standard of Review ¶ 26 Under section 19-3-201, all proceedings in a dependency and neglect case must be commenced in the county in which the child resides or is present.”

— Colo. Rev. Stat. § 19-3-201(2) — 4 cases

People in Interest of C.N.T. (Colo. Ct. App. 2026). “” But father cannot establish deficient performance because his attorney, in fact, moved to change venue under section 19-3-201(2), C.R.S. 2025, and only withdrew the motion at father’s request.”

Peo in Interest of PM (Colo. Ct. App. 2024). “¶ 44 Section 19-3-201(2), C.R.S. 2024, allows a juvenile court to grant a change of venue “to the court in the county where the child’s legal parent or guardian resides” if the court has (1) adjudicated the child dependent and neglected or (2) entered a deferred adjudication…”

Peo in Interest of OF (Colo. Ct. App. 2026). “” § 19-3-201(1.5). After hearing argument on its own motion for change of venue, the court 6 determined the child was a resident of both El Paso and Pueblo Counties.”

— Colo. Rev. Stat. § 19-3-201(2)(a) — 1 case

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