First Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 07-0180.01 Richard Sweetman     SENATE BILL 07-032
                   SENATE SPONSORSHIP
 Kester, 
 
                    HOUSE SPONSORSHIP
 Massey, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning juvenile court proceedings.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Allows county departments of social services that have been
       granted custody of a child to continue to intervene in juvenile court
       proceedings upon request.  Repeals changes to the procedure by which a
       party may petition for review of a magistrate's findings and
       recommendations following a juvenile court proceeding.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Repeal.  19-2-514 (5) (b) (II), Colorado Revised
       Statutes, is repealed as follows:
            19-2-514.  Summons - issuance - contents - service. 
       (5) (b) (II)  This paragraph (b) is repealed, effective July 1, 2007.
            SECTION 2.    19-1-108 (3) (a), Colorado Revised Statutes, as it
       will become effective July 1, 2007, is amended to read:
            19-1-108.  Magistrates - qualifications - duties - repeal. 
       (3) (a) (I)  Magistrates shall conduct hearings in the manner provided for
       the hearing of cases by the court.  During the initial advisement of the
       rights of any party, the magistrate shall inform the party, including a
       county department if it is the custodian of the child, that, except as
       provided in this subsection (3), any party has the right to a hearing before
       the judge for any hearing and that the party may waive that right as to that
       hearing but that, by waiving that right, the party is bound by the findings
       and recommendations of the magistrate, subject to a request for review as
       provided in subsection (5) of this section.  The right to require a hearing
       before a judge shall not apply to hearings at which a child is advised of
       his or her rights pursuant to section 19-2-706, detention hearings held
       pursuant to sections 19-2-507 and 19-2-508, preliminary hearings held
       pursuant to section 19-2-705, and detention temporary custody
       hearings held pursuant to section 19-3-403.
            (II)  This paragraph (a) is repealed, effective July 1, 2007.
            SECTION 3.  Repeal.  19-1-108 (3) (a.5), (5) (b), and (5.5),
       Colorado Revised Statutes, as they will become effective July 1, 2007, are
       repealed as follows:
            19-1-108.  Magistrates - qualifications - duties.
       (3) (a.5)  Magistrates shall conduct hearings in the manner provided for
       the hearing of cases by the court.  During the initial advisement of the
       rights of any party, the magistrate shall inform the party that, except as
       provided in this subsection (3), he or she has the right to a hearing before
       the judge in the first instance and that he or she may waive that right but
       that, by waiving that right, he or she is bound by the findings and
       recommendations of the magistrate, subject to a request for review as
       provided in subsection (5) of this section.  The right to require a hearing
       before a judge shall not apply to hearings at which a child is advised of
       his or her rights pursuant to section 19-2-706, detention hearings held
       pursuant to sections 19-2-507 and 19-2-508, preliminary hearings held
       pursuant to section 19-2-705, and temporary custody hearings held
       pursuant to section 19-3-403.
            (5) (b)  This subsection (5) is repealed, effective July 1, 2007.
            (5.5)  A request for review shall be filed within fifteen days for
       proceedings under articles 2, 4, and 6 of this title or within five days for
       proceedings under article 3 of this title after the parties have received
       notice of the magistrate's ruling and shall clearly set forth the grounds
       relied upon.  Such review shall be solely upon the record of the hearing
       before the magistrate and shall be reviewable upon the grounds set forth
       in rule 59 of the Colorado rules of civil procedure.  A petition for review
       shall be a prerequisite before an appeal may be filed with the Colorado
       court of appeals or Colorado supreme court.  The judge may, on his or her
       own motion, remand a case to another magistrate after action is taken on
       a petition for review.
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.