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Code · Colorado · Title 19 — Children'S Code · Article 3 — Dependency And Neglect

19-3-102. Neglected or dependent child.

349 words·~2 min read·/co/title-19-children-s-code/article-3-dependency-and-neglect/19-3-102·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A child is neglected or dependent if:
(a)A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;
(b)The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;
(c)The child's environment is injurious to his or her welfare;
(d)A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being;
(e)The child is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;
(f)The child has run away from home or is otherwise beyond the control of his or her parent, guardian, or legal custodian;
(g)The child is born affected by alcohol or substance exposure, except when taken as prescribed or recommended and monitored by a licensed health care provider, and the newborn child's health or welfare is threatened by substance use.
(2)A child is neglected or dependent if:
(a)A parent, guardian, or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse; and
(b)Such parent, guardian, or legal custodian has been the respondent in another proceeding under this article in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent
jurisdiction has determined that such parent's, guardian's, or legal custodian's abuse or neglect has caused the death of another child; and
(c)The pattern of habitual abuse described in paragraph
(a)of this subsection
(2)and the type of abuse described in the allegations specified in paragraph
(b)of this subsection
(2)pose a current threat to the child.
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