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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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