(1) At the first appearance of a respondent parent, guardian, or legal custodian, the court shall fully advise the respondent of the respondent's legal rights, including the right to a jury trial, the right to be represented by counsel at every stage of the proceedings, and the right to seek the appointment of counsel through the office of respondent parents' counsel established in section 13-92-103, if the respondent is unable to financially secure counsel on the respondent's own. The court shall appoint counsel for a respondent who is incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail; held in federal custody; or involuntarily committed, unless the court determines the respondent is able to financially secure counsel on the respondent's own or the respondent chooses to proceed without counsel. The court shall fully explain to the respondent the informational notice of rights and remedies for families prepared pursuant to section 19-3-212 and shall recommend that the respondent discuss such notice with the respondent's counsel. Further, the court shall advise the respondent of the minimum and maximum time frames for the dependency and neglect process, including the minimum and maximum time frames for adjudication, disposition, and termination of parental rights for a child who is under six years of age at the time the petition is filed in a county designated pursuant to section 19-1-123. Nothing in this section limits the power of the court to appoint counsel prior to the filing of a petition for good cause.
(2) The petitioner, any respondent, the guardian ad litem for the child, or a child who is twelve years of age or older may demand a trial by jury of six persons at the adjudicatory hearing pursuant to section 19-3-505, or the court, on its own motion, may order such a jury to try any case at the adjudicatory hearing pursuant to section 19-3-505.
Source: L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 2003: (1) amended, p. 1226, § 3, effective August 6. L. 2014: (1) amended, (SB 14-203), ch. 281, p. 1141, § 2, effective August 6. L. 2015: (1) amended, (HB 15-1149), ch. 116, p. 352, § 4, effective April 24. L. 2022: (2) amended, (HB 22-1038), ch. 92, p. 434, § 8, effective January 9, 2023. L. 2023: (1) amended, (SB 23-039), ch. 191, p. 953, § 3, effective January 1, 2024.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987.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 19-1-106 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. For the legislative declaration in SB 23-039, see section 1 of chapter 191, Session Laws of Colorado 2023.
Notes of Decisions
Cited in
77
cases (
33 in the last 5 years), 1988–2026 · leading case:
People ex rel. K.J.B., 342 P.3d 597 (Colo. Ct. App. 2014).
People ex rel. K.J.B., 342 P.3d 597 (Colo. Ct. App. 2014).
· cites it 6× “2(a) and section 19-3-202(1), C.R.S. 2014, the court shall advise parents of their legal rights at their first appearance.”
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018).
· cites it 3× “The Colorado Children’s Code provides that 14 respondent parents have a right “to be represented by counsel at every stage” of dependency and neglect proceedings and a right “to seek the appointment of counsel through the office of respondent parents’ counsel” if the parent…”
in Int. of B.H, 2021 CO 39 (Colo. 2021).
· cites it 2× “2011); see also § 19-3-202(1), C.R.S. (2020) (providing a “right to seek the appointment of counsel through the office of 29 respondent parents’ counsel .”
A.M. v. A.C., 296 P.3d 1026 (Colo. 2013).
· cites it 4× “4 § 19-3-202, C.R.S. *1031 (2012). In either trial by jury or by the court, the State must prove the allegations contained within the petition by a preponderance of the evidence.”
in the Interest of S.B, 2020 COA 5 (Colo. Ct. App. 2020).
· cites it 2× “” § 19-3-202(1), C.R.S. 2019. If Colorado courts mechanically apply an outcome-determinative test, which poses an almost insurmountable hurdle for parents alleging ineffective assistance of counsel, I fail to see how parents’ statutory right to effective counsel can be protected.”
People ex rel. R.D, 277 P.3d 889 (Colo. Ct. App. 2012).
· cites it 3× “" § 19-3-202(1), C.R.S.2011. An indigent parent also possesses the right to seek court-appointed counsel to represent him or her.”
S.S. v. Wakefield, 764 P.2d 70 (Colo. 1988).
· cites it 8× “was financially unable to retain counsel, the court, pursuant to section 19-3-202, 8B C.R.S. (1988 Supp.), [1] appointed an attorney to represent her and set a trial date of June 20, 1988, for the adjudicatory phase of the case.”
People ex rel. S.N., 338 P.3d 508 (Colo. Ct. App. 2014).
· cites it 2× “We noted that "the right to a jury trial" in section 19-3-202 provides respondent parents with what appeared to be an unqualified statutory right afforded by the legislature, id.”
in Interest of R.J, 2019 COA 109 (Colo. Ct. App. 2019).
“§§ 19-3-202, 19-3-505, C.R.S. 2018; People in Interest of A.”
People ex rel. N.G., 303 P.3d 1207 (Colo. Ct. App. 2012).
“2011) (emphasis added); see § 19-3-202(2) ("any respondent may demand a trial by jury"); see also People v.”
— Colo. Rev. Stat. § 19-3-202(1) — 42 cases
People ex rel. K.J.B., 342 P.3d 597 (Colo. Ct. App. 2014).
“2(a) and section 19-3-202(1), C.R.S. 2014, the court shall advise parents of their legal rights at their first appearance.”
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018).
“The Colorado Children’s Code provides that 14 respondent parents have a right “to be represented by counsel at every stage” of dependency and neglect proceedings and a right “to seek the appointment of counsel through the office of respondent parents’ counsel” if the parent…”
in Int. of B.H, 2021 CO 39 (Colo. 2021).
“2011); see also § 19-3-202(1), C.R.S. (2020) (providing a “right to seek the appointment of counsel through the office of 29 respondent parents’ counsel .”
in the Interest of S.B, 2020 COA 5 (Colo. Ct. App. 2020).
“” § 19-3-202(1), C.R.S. 2019. If Colorado courts mechanically apply an outcome-determinative test, which poses an almost insurmountable hurdle for parents alleging ineffective assistance of counsel, I fail to see how parents’ statutory right to effective counsel can be protected.”
People ex rel. R.D, 277 P.3d 889 (Colo. Ct. App. 2012).
“" § 19-3-202(1), C.R.S.2011. An indigent parent also possesses the right to seek court-appointed counsel to represent him or her.”
— Colo. Rev. Stat. § 19-3-202(2) — 19 cases
People ex rel. N.G., 303 P.3d 1207 (Colo. Ct. App. 2012).
“2011) (emphasis added); see § 19-3-202(2) ("any respondent may demand a trial by jury"); see also People v.”
The People of the State of Colorado, Petitioner: v. K.L.W. Respondent: In the Interest of Minor Child.: Kay. W., Kai.W., E.W., D.W., & S.W., & Kay. W., Kai.W., E.W., D.W., & S.W., Petitioners:, 2025 CO 48 (Colo. 2025).
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