Navigating Colorado DHS Investigations and Dependency Cases
In Colorado, the Department of Human Services (DHS) handles child protection matters, a role often referred to in other states as CPS. If you receive notice that you or a family member are under investigation, it is a legal matter of the highest priority. These cases, known as Dependency and Neglect (D&N), can result in the temporary removal of children or, in the most severe instances, the permanent termination of parental rights.
1. What to Expect When DHS Contacts You
An investigation typically begins with a report of alleged abuse or neglect. DHS is legally mandated to investigate these reports to ensure child safety.
- The Investigation: Officials may interview parents, children, and teachers. If they find immediate “imminent risk,” they can remove the child before a court hearing.
- The Timeline: D&N cases generally last 6 to 12 months, though complex cases can extend longer.
- The Players: You will encounter a Guardian ad Litem (GAL)—an attorney appointed specifically to represent the child’s best interests—as well as caseworkers and court coordinators.
2. The Lifecycle of a Dependency & Neglect Case
If DHS files a Petition in Dependency and Neglect, the case typically moves through these stages:
- Temporary Protective Custody Hearing: Held shortly after removal to determine where the child stays (with a parent, a relative, or in foster care) while the case is pending.
- Adjudication: The court determines if the child is legally “dependent or neglected.” Note: A parent can be found “non-offending” but the child can still be adjudicated as neglected if the other parent caused the harm.
- Treatment Plan: If the child is not returned immediately, the court adopts a plan for the parents (e.g., therapy, classes, drug testing). Success here is the primary path to reunification.
- Permanency Planning: If parents successfully complete the plan, the case is dismissed. If not, the court may move toward Termination of Parental Rights or permanent placement with a relative.
3. The Rights of Relatives and Intervenors
One of the most unique aspects of Colorado’s Children’s Code is the role of the extended family.
- Placement Preference: Colorado law prioritizes placing children with biological relatives (grandparents, aunts, uncles) over the foster care system.
- Intervention: Almost any biological relative can ask the court to be made a “party” to the case. This allows you to advocate for the child to be placed in your home.
- The Counsel Gap: While indigent parents may qualify for a court-appointed attorney (Respondent Parent Counsel or RPC), relatives and third parties do not. If you are a grandparent seeking custody, you must secure your own representation to ensure your voice is heard alongside the state’s attorneys.
Comparison: Parent vs. Relative Roles
| Feature | For Parents | For Relatives/Intervenors |
|---|---|---|
| Primary Goal | Reunification & retaining rights. | Providing safety & permanent placement. |
| Legal Counsel | May qualify for court-appointed (RPC). | Must retain private counsel. |
| Court Form | JDF 208 (Financial Affidavit). | Motion to Intervene. |
| Burden | Completing the Treatment Plan. | Proving you are a fit and stable home. |
The Bottom Line
A Dependency and Neglect case is not a standard “custody battle.” It is a specialized area of law governed by the Colorado Children’s Code. Whether you are a parent fighting to bring your child home or a relative stepping up to provide a safe harbor, you are navigating a system with many actors whose interests may not align with yours.
Contact our office online or give us a call at (719) 626-4661 to discuss your case with one of our experienced family lawyers.