Look at CRS 19-3-501(2)(b).Any person can ask the court to order an investigation and then order a D&N filing. If an agency askes, the court can order a D&N without an ordered-investigation. A GAL is not an agency. Except in Colorado Springs.
I have on occasion filed a Petition Regarding 19-3-501(2)(b) in the Denver Juvenile Court, or raised the issue in a truancy, delinquency, or paternity case, detailing the circumstances, attaching relevant documents, and asking the court to order DDHS to investigate. Sometimes the court sets a hearing. Sometimes the court orders DDHS to investigate and write a report within 10 days. Sometimes the court ignores me.
Webmaster
—– Original Message —–
Subject: GAL’s standing to seek protective hold/ temporary custody
A GAL has been appointed to a case in which one of two siblings has been made the subject of a D&N case and taken into temporary protective custody. The caseworker assigned to this case believes that the other sibling is also at risk, but the supervisor does not. Hence, a case has not been filed with regard to that sibling, and Social Services has not sought to take temporary protective custody of that sibling. The GAL believes that the sibling still in the home is at risk and that this sibling should also be taken into temporary protective custody. Does the GAL have the standing to request a temporary protective custody order on the in-home sibling, and, if so, what is the statute/case that gives the GAL this standing? The GAL has not been appointed as GAL of the in-home sibling, as there is no petition pending with regard to this child.
April 9, 2007 at 12:35 pm
Good site!!!
April 9, 2007 at 12:43 pm
Thank you Hsing