I Was Served with a Summons: An Immediate Guide to Colorado Dependency & Neglect (D&N) Cases
The sound of a knock at the door, the sight of a sheriff or caseworker, and the delivery of official court papers—nothing is more terrifying for a parent. If you have just been served with a Petition in Dependency and Neglect (D&N) in Colorado, you are facing one of the most urgent and complex legal battles possible.
This is not a divorce or a custody dispute; this is a case where the State, through the Department of Human Services (DHS), is seeking court intervention regarding the safety and welfare of your children.
What Just Happened? Defining the Crisis
A Dependency and Neglect case, filed by the County Attorney on behalf of DHS, is initiated when the State believes a child has been subjected to mistreatment, abuse, or is otherwise lacking proper parental care.
The stakes are high: the process can lead to the Termination of Parental Rights (TPR) and requires immediate attention. Losing a D&N case means losing your child permanently.
🚨 Your 3 Most Critical First Steps
Every minute counts. Your immediate actions will heavily influence the outcome of your case.
Stop Talking and Hire an Attorney: Do not discuss the allegations, sign any documents, or consent to any services or drug tests without legal counsel present. Everything you say to a caseworker, therapist, or even a friend can be used against you.
Locate the Summons: Find the paperwork that tells you the date and time of your first mandatory court hearing. If your child was removed, this first appearance—called a Shelter Hearing or Temporary Protective Custody Hearing—will happen within 72 hours (excluding weekends and holidays).
Preserve Evidence: Start a written log of every interaction with DHS: who you spoke to, what time, what was discussed, and what was provided. Also, gather any documents that contradict the allegations (photos of your home, medical records, school records, etc.).
The Colorado D&N Timeline: Know the Stages
The process moves quickly and has several mandatory hearings with strict deadlines.
Phase 1: The Initial Crisis (First 30 Days)
Shelter Hearing: The Court decides if temporary removal is necessary and appoints a Guardian ad Litem (GAL) or Counsel for Youth (CFY) for the child/ren.
Advisement Hearing: Usually within days of filing. You are formally advised of your legal rights and the allegations against you. This is where you enter your plea (Admit or Deny).
Adjudication Hearing: Within 30 to 60 Days of the Petition.This is the trial phase. The County must prove that your child meets the statutory criteria to be adjudicated (judged) as dependent or neglected.
Phase 2: The Path to Reunification
If the Court finds the child to be dependent or neglected, the case moves to the treatment phase:
Within 30 Days of Adjudication.The Court approves the Treatment Plan (TP). This document outlines every service, class, evaluation, and test you must complete to earn reunification.
Review Hearings: Generally every 30-90 Days, these are mandatory check-ins to review your progress, address barriers to completion, and review the child's placement.
Permanency Planning Hearing: Usually 12 Months after the child enters out-of-home placement. The Court decides the child's permanent legal placement. If the parent has failed to comply, DHS may request Termination of Parental Rights (TPR). The timing varies based on the age of the child.
The Goal: Reunification and Effective Advocacy
The entire D&N system is designed to provide services to allow for reunification when it is safe to do so. Our role as your legal counsel is not just to fight the allegations, but to strategically guide you through the Treatment Plan:
Treatment Plan Input: We ensure the TP is appropriate, specific, and achievable under Colorado Revised Statute § 19-3-508. We fight against vague or overly burdensome requirements.
Case Advocacy: We act as your liaison with the DHS caseworker and the Guardian ad Litem (GAL). We present evidence of your progress at every review hearing to maintain momentum toward reunification.
Protecting Parental Rights: From ensuring proper visitation (often ordered within 48 hours of the Shelter Hearing) to vigorously defending against a motion for TPR, we are your shield against the immense power of the State.
Your Rights Demand Immediate Action
Being served a D&N summons is frightening, but you are not alone. By contacting an experienced attorney at Heritage Family Lawyers now, you take the first, most powerful step toward protecting your family.
Every delay compromises your position and limits your legal options.
If you have a court date in the next 72 hours, do not wait. Contact us immediately for a confidential consultation to begin building your defense.
Schedule a Consultation with Heritage Family Lawyers Now.
