Colo. Rev. Stat. § 19-2-513

Colorado Revised Statutes

Title 19. Children's Code

Article 2. The Colorado Juvenile Justice System

Part 5. Entry Into System


§ 19-2-513. Petition form and content


(1) The petition and all subsequent court documents in any proceedings brought under section 19-1-104(1)(a) or (1)(b) shall be entitled "The People of the State of Colorado, in the Interest of .........., a juvenile (or juveniles) and Concerning .........., Respondent." The petition may be filed using the language of the statutes defining the offense, including either conjunctive or disjunctive clauses. Pleading in either the conjunctive or the disjunctive shall place a respondent on notice that the prosecution may rely on any or all of the alternatives alleged.


(2) The petition shall set forth plainly the facts that bring the juvenile within the court's jurisdiction. If the petition alleges that the juvenile is delinquent, it shall cite the law or municipal or county ordinance that the juvenile is alleged to have violated. The petition shall also state the name, age, and residence of the juvenile and the names and residences of his or her parents, guardian, or other legal custodian or of his or her nearest known relative if no parent, guardian, or other legal custodian is known.


(3)(a) Pursuant to the provisions of section 19-1-126, in those delinquency proceedings to which the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901, et seq., applies, including but not limited to status offenses such as the illegal possession or consumption of ethyl alcohol by an underage person, as described in section 18-13-122, C.R.S., purchase or attempted purchase of cigarettes or tobacco products by a person under eighteen years of age, as described in section 18-13-121, C.R.S., and possession of handguns by juveniles, as described in section 18-12-108.5, C.R.S., the petition shall:


(I) Include a statement indicating what continuing inquiries the district attorney or the district attorney's representative has made in determining whether the juvenile is an Indian child;


(II) Identify whether the juvenile is an Indian child; and


(III) Include the identity of the Indian child's tribe, if the child is identified as an Indian child.


(b) If notices were sent to the parent or Indian custodian of the child and to the Indian child's tribe, pursuant to section 19-1-126, the postal receipts shall be attached to the petition and filed with the court or filed within ten days after the filing of the petition, as specified in section 19-1- 126(1)(c).


CREDIT(S)


Added by Laws 1996, H.B.96-1005, § 1, eff. Jan. 1, 1997. Amended by Laws 2002, Ch. 217, § 4, eff. May 30, 2002; Laws 2003, Ch. 134, § 3, eff. April 17, 2003.

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