Colorado Code
Part 4 - Temporary Custody and Shelter
§ 19-3-403. Temporary Custody - Hearing - Time Limits - Restriction - Rules

(3.5) When temporary custody is placed with the county department of human or social services pursuant to this section or section 19-3-405 or when an emergency protection order is entered pursuant to section 19-3-405, the court shall hold a hearing within seventy-two hours after placement, excluding Saturdays, Sundays, and court holidays, to determine further custody of the child or whether the emergency protection order should continue. Such a hearing need not be held if a hearing has previously been held pursuant to subsection (2) of this section.














(3.7) A child who is alleged to be a runaway from a state other than Colorado may be held in a shelter care or other appropriate facility for up to seven days, during which time arrangements shall be made for returning the child to the state of his residence.

(4) (a) [ Editor's note: This version of subsection (4)(a) is effective July 1, 2024. ] If it appears that any child being held in a shelter facility may have an intellectual and developmental disability, as provided in article 10.5 of title 27, the court shall refer the child to the nearest case management agency, as defined in section 25.5-6-1702, for an eligibility determination. If it appears that any child being held in a shelter facility pursuant to this article 3 may have a mental health disorder, as provided in sections 27-65-105 and 27-65-106, the intake personnel or other appropriate personnel shall contact a mental health professional to do a mental health disorder prescreening on the child. The court must be notified of the contact and may take appropriate action. If a mental health disorder prescreening is requested, it must be conducted in an appropriate place accessible to the child and the mental health professional. A request for a mental health disorder prescreening must not extend the time within which a hearing is to be held pursuant to this section. If a hearing has been set but has not yet occurred, the mental health disorder prescreening must be conducted prior to the hearing; except that the prescreening must not extend the time within which a hearing is to be held pursuant to this section.











Source: L. 87: Entire title R&RE, p. 776, § 1, effective October 1. L. 89: (1), (2), (3)(a), (5), and (6) amended, p. 928, § 5, effective April 23. L. 90: (2), (4)(a), (5), and (6) amended, (3) repealed, and (3.5) to (3.7) added, pp. 1035, 1037, §§ 2, 6, effective April 3; (8) added, p. 1019, § 6, effective April 20; (3.5) amended, p. 1033, § 24, effective July 1. L. 91: (1) and (3.6) amended, p. 264, § 8, effective May 31. L. 93: (3.6) amended, p. 2016, § 6, effective July 1. L. 94: (2), (5), (6), and (8) amended, p. 2683, § 201, effective July 1. L. 97: (3.5) amended, p. 518, § 6, effective July 1. L. 2000: (3.6) amended, p. 1123, § 1, effective August 2. L. 2001: (3.6) amended, p. 846, § 8, effective June 1. L. 2003: (3.6) amended, p. 2623, § 3, effective June 5. L. 2005: (3.6) amended, p. 676, § 2, effective July 1. L. 2006: (4) amended, p. 1401, § 57, effective August 7. L. 2009: (3.6)(a)(III) and (3.6)(a)(IV) amended, (SB 09-245), ch. 436, p. 2423, § 1, effective June 4. L. 2010: (4) amended, (SB 10-175), ch. 188, p. 791, § 44, effective April 29. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1314, § 162, effective May 25. L. 2018: (1), (3.5), and (3.6)(a)(V) amended, (SB 18-092), ch. 38, p. 420, § 56, effective August 8. L. 2021: (7) amended, (HB 21-1101), ch. 481, p. 3427, § 2, effective September 1; (4)(a) amended, (HB 21-1187), ch. 83, p. 327, § 10, effective July 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 19-2-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 2001 act amending subsection (3.6), see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration contained in the 2005 act amending subsection (3.6), see section 1 of chapter 194, Session Laws of Colorado 2005. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

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