In Colorado, child neglect occurs if a parent or guardian mistreats, abandons, abuses, or neglects a child. However, neglect may also involve children living in a home environment that is unsafe or improperly regulated. Homeless children or children who run away from home frequently may be considered neglected as well. Allegations of neglect are often accompanied by other allegations. In many cases, allegations of this nature result in the Department of Human Services’ intervention.
If a petition has been filed against you by the Department of Human Services, we urge you to contact one of our skilled lawyers today. The sooner you speak with an attorney, the better your chances are of finding a favorable resolution to your DHS case. At Koziel & Lehr Law LLC, we are here to assist you at every stage of your dependency and neglect case. To find answers to your dependency and neglect questions, contact us. Otherwise, you can read below to find helpful information on this subject.
About Dependency and Neglect in Colorado
Finding out that someone has filed a dependency and neglect petition against you can be stressful, confusing, frustrating, and terrifying. These petitions are initiated by the Department of Human Services in Colorado. The department may believe that you are not properly caring for your children or dependents.
A petition for dependency and neglect may represent the desire of the Department of Human Services to remove your children and dependents from your home. As such, it is imperative that you contact an experienced family law attorney immediately. Your attorney will help you navigate this situation and walk you through any necessary legal procedures so that you can protect your family during these difficult times.
If a petition for dependency and neglect has been filed against you, you will need to choose an attorney with experience handling dependency and neglect cases. At Koziel & Lehr Law LLC, we have broadened our criminal practice to assist families with dependency and neglect cases. We understand that these cases can be complicated and require skill and experience.
What is neglect and abuse in Colorado?
Acts of child abuse are defined under Colorado Revised Statute 18-6-401. These acts include causing injury to a child physically or emotionally. However, permitting a child to be placed in a dangerous situation may also be considered abusive or neglectful. Any pattern that results in malnourishment, a lack of medical care, cruel punishment, mistreatment, or serious bodily harm falls under the category of child abuse in Colorado. This could also include getting a DUI or DWAI with a child in the car or allowing children near controlled substances.
How does DHS get involved in neglect cases in Colorado?
The Department of Human Services could get involved with your family if they believe that your children are in living unsafe conditions. There are many ways that this can happen. The Department of Human Services may get involved with a family after criminal charges have been filed. If a child is school-aged, the public school system may involve the Department of Human Services in your family affairs as well.
Does DHS file a petition against you if you are charged with a criminal offense?
Although the Department of Human Services will not automatically file a petition of dependency and neglect against you after criminal charges are filed, an investigation could follow. If anyone in your household is charged with criminal sex offenses, DHS could open an investigation to ensure that any minor children in your home are being taken care of in a safe environment. For example, if you get a DUI with children in your car, the Department of Human Services may get involved.
Additionally, the Department of Human Services may file a petition for dependency and neglect against you after the police visit your home for an unrelated reason and document unsafe conditions for children. In some situations, this will involve the presence of drugs or controlled substances in your home. If your home is in a state of significant disrepair or deemed to be unsafe for children when the police visit, they may temporarily remove children. Also, criminal charges filed against parents may trigger an investigation by the Department of Human Services.
How can dependency and neglect impact child custody cases?
If you are fighting for the custody of your minor children in a divorce case or under other similar circumstances, dependency and neglect allegations could impact whether you are awarded custodial rights. In scenarios like this, you should hire a family lawyer to represent your interests.
Additionally, someone could call the Department of Human Services and report your behavior if they believe that your children are unsafe.
How does the state of Colorado define abuse or neglect?
In Colorado, abuse and neglect can be acts of omission or acts that threaten the health or well-being of children. These acts include physical acts of abuse, malnutrition, burns, fractures, soft tissue damage, and death. Lacking a viable reason for a child’s injury could trigger an investigation. Unsafe conditions or the presence of controlled substances in a home may also give Social Services cause to investigate your household.
In Colorado, the law requires that third parties like physicians or school administrators report knowledge or reasonable suspicion of abusive behavior toward children to the authorities. Child abuse can be devastating and may cause lasting emotional or physical harm to children. An omission that results in the injury of a child can have serious consequences. If you need legal assistance for a child abuse case, contact our firm.
What to do if you have been accused of neglect in Colorado?
In Colorado, parents who are facing allegations of dependency and neglect are entitled to legal assistance at every stage of their case. As such, the best thing you can do is hire a skilled dependency and neglect attorney right away. The sooner you retain qualified legal assistance, the more easily your lawyer can help you with your case.
Social services may allege that a minor child has been mistreated, abandoned, neglected, abused, or injured. If this happens, legal action against parents may follow. These actions could include placing the child and the temporary custody of someone else or the permanent termination of your parental rights. It is very important to hire an attorney that will work toward keeping your family together.
Choose the Criminal Defense and Family Attorneys With an In-Depth Understanding Colorado’s Laws
If you need help, contact the lawyers at Koziel & Lehr now. We are skilled in many areas of family and criminal defense law. With such a wide scope of experience, we understand how to handle a range of legal issues in Colorado’s court systems.
We have broadened our criminal practice to representing parents in Dependency and Neglect cases and can work with social workers and investigators to present the full picture of our client’s lives.
A family lawyer from Koziel & Lehr will help you decide how best to handle any allegations of dependency and neglect.
Call Koziel & Lehr Law LLC for a Dependency and Neglect Consultation at (720) 314-8750.