Protecting Your Family When Your Parental Rights are at Stake
An investigation by the county Department of Human or Social Services can be intimidating and disruptive. A Dependency and Neglect (D&N) case is a legal action where the government alleges that a child is not being properly cared for and seeks to intervene in your family. The stakes are incredibly high, potentially leading to the termination of your parental rights.
At H&H Law, we provide strategic, compassionate defense for parents and guardians navigating the Colorado D&N system. We understand what is at risk and are dedicated to protecting your rights and preserving your family.
What is a Dependency & Neglect (D&N) Case?
Under Colorado law (C.R.S. Title 19), a D&N case is a civil—not criminal—proceeding initiated by a county attorney on behalf of the Department of Human Services. A child may be found “dependent or neglected” if the court determines their environment is injurious to their welfare.
This can be based on a wide range of allegations, including:
- Physical abuse or neglect
- Lack of proper care, food, clothing, or shelter
- Exposure to an environment with substance abuse
- Emotional abuse impacting a child’s development
- Abandonment
It is critical to have an attorney involved immediately to protect your rights and counter the state’s allegations from the very beginning.
Understanding the D&N Process in Colorado
The D&N system moves quickly and has specific legal phases. Understanding the process is the first step in building a strong defense.
- The Initial Report and Investigation: A case typically begins with a report to the child abuse and neglect hotline. A caseworker from the Department of Human Services is then assigned to investigate. You have the right to have an attorney present for any interviews or home visits.
- Temporary Custody Hearing: If the Department removes your child from your home, the court must hold a hearing within 72 hours. This is a critical hearing where the court decides if the child can safely return home while the case proceeds.
- Adjudicatory Hearing: This is the trial phase of a D&N case. The county must prove its allegations that the child is dependent or neglected. We will challenge the county’s evidence, present our own witnesses, and advocate for a ruling in your favor.
- Dispositional Hearing: If the court finds the child is dependent or neglected, it will order a “treatment plan” for the parents. This plan outlines the steps you must take to have your child returned to your care. We work to ensure the plan is reasonable and achievable.
- Permanency Hearing: The Court holds regular review hearings to monitor progress on the treatment plan. If the Court finds that sufficient progress is not made, it may move towards a permanency plan that does not include reunification, which can lead to the termination of parental rights.
Your Rights as a Parent in a D&N Case
When facing a D&N investigation, you are not powerless. You have fundamental constitutional rights. Our primary role is to ensure those rights are protected at every turn.
As a parent you have the right to:
- Be represented by an attorney at every stage of the case
- Be present at all court hearings regarding your child
- Not to speak with caseworkers or investigators without your attorney present. Anything you say can be used against you.
- Right to a trial where the county must prove its case against you.
Our Approach: A Strategic Defense for Your Family
Our goal is reunification. We provide skilled legal advocacy designed to protect your family and navigate you through the complexities of the D&N system.
If you have been contacted by a caseworker or believe you are under investigation, do not wait. The early stages of a D&N case are the most critical. Contact H&H Attorneys at Law 719-626-4661 or contact us online immediately to schedule a confidential consultation.
