TRUANCY PROTOCOL
|EIGHTEENTH JUDICIAL DISTRICT: ARAPAHOE, DOUGLAS, ELBERT and LINCOLN COUNTIES, COLORADO| |
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|Arapahoe County Justice Center | |
|7325 South Potomac Street | |
|Centennial, Colorado 80112 |•COURT USE ONLY • |
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|Arapahoe County Court, Division A | |
|1790 West Littleton Boulevard | |
|Littleton, Colorado 80120 | |
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|Arapahoe County Court, Division B | |
|15400 East 14th Place | |
|Aurora, Colorado 80011 | |
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|Douglas County Justice Center, | |
|4000 Justice Way, #2009, | |
|Castle Rock, Colorado 80104 | |
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|Elbert County Courthouse, | |
|PO Box 232, 751 Ute Street, | |
|Kiowa, Colorado 80117 | |
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|Lincoln County Courthouse, | |
|PO Box 128, 103 Third Avenue, | |
|Hugo, Colorado 80821 | |
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|PRESIDING JUVENILE JUDGE ORDER REGARDING AMENDED TRUANCY PROTOCOL |
WHEREAS, C.R.S. 22-33-101 et seq sets forth the statutory scheme for truancy matters and
WHEREAS, it is in the best interests of children that they receive a proper education,
NOW THEREFORE, the school districts of Arapahoe, Douglas, Elbert and Lincoln Counties
shall follow the attached truancy protocol.
THIS ORDER IS ENTERED, this 1st day of August, 2008. [pic]
___________________________________
William Blair Sylvester
Presiding Juvenile/Chief Judge
18th Judicial District
AMENDED TRUANCY PROTOCOL
18th JUDICIAL DISTRICT
August 1, 2008
One of the primary goals with respect to truancy actions is to provide to the school districts and Respondent parents and students an opportunity to resolve the issues regarding the student’s attendance in an effective and prompt matter so that each student is receiving an education as required by statute. The Court is attempting to address the problems affecting the child’s school attendance and ensure the child has an opportunity to obtain a quality education by the entry of any appropriate orders that may achieve that goal.
The purpose of this protocol is to establish procedures for the parties when judicial proceedings are necessary.
INTRODUCTION
There is a procedure that is outlined by statute at C.R.S. 22-33-101 et.seq. with respect to truancy matters. Effective July 1, 2008, the School Attendance Law requires that each child between the ages of 6 and 17 shall attend public school unless otherwise excused. It is the obligation of every parent to ensure that every child under the parent’s care and supervision between the ages of 6 and 17 be in compliance with this statute See C.R.S. 22-33-104 (All case law is available online through the State of Colorado website.)
Each school board is required to adopt a written policy setting attendance policies and is required to set out what will be considered excused and unexcused absences. Each board must determine in this attendance policy the maximum number of unexcused absences a child may incur before the attorney for the school district, the attendance officer, or the local board of education may initiate judicial proceedings pursuant to C.R.S. 22-33-108 and C.R.S. 22-33-107.1. Further, the district is obligated to create a plan with respect to children who are habitually truant. (A child is habitually truant if the child is between the ages of 6 and 17 years and has four unexcused absences from public school in any one month or ten unexcused absences during any school year. C.R.S. 22-33-107). The plan shall be developed with the goal of assisting the child to stay in school and, when practicable, with the full participation of the child’s parent, guardian or legal custodian.
NON-LAWYERS ARE PROHIBITED FROM PRACTICING LAW. NON-LAWYERS SHALL REFRAIN FROM GIVING LEGAL ADVICE, SIGNING COURT PLEADINGS, OR ENGAGING IN ANY OTHER CONDUCT THAT MAY BE INTERPRETED AS THE UNAUTHORIZED PRACTICE OF LAW. PLEASE READ THE ATTACHED INFORMATION CONCERNING THE UNAUTHORIZED PRACTICE OF LAW.
INITIAL JUDICIAL PROCEEDINGS
PETITION TO COMPEL ATTENDANCE
A. Once a school district has determined it is necessary to start judicial proceedings, the district must comply with the preliminary requirements before a petition to compel attendance is filed.
1. The district must, at the request of the attendance officer, initiate proceedings to enforce the compulsory attendance provisions of the statute.
2. Court proceedings may be initiated only after the parent and the child have been given written notice by the attendance officer of the school district that proceedings will be initiated if the child does not comply with the provisions of the statute. This notice MAY be combined with the summons and the petition but it is preferred that the notice be issued before the summons and petition. (Sample letter attached)
3. The notice must state the provisions of the statute with which compliance is required and must state that the proceedings will not be brought if the child complies with the provision before the filing of the petition. The deadline for compliance should be established and should be prior to the date for hearing on the petition to compel attendance.
4. A copy of this notice along with proof that it was properly served on the child and parents must accompany the petition to compel attendance.
B. The Petition to Compel Attendance must be served with a summons establishing a date for the parties to appear in court. ONLY A LICENSED ATTORNEY IS PERMITTED TO DRAFT, SIGN AND FILE THE PETITION TO COMPEL ATTENDANCE. (see attached information concerning the prohibition of the unauthorized practice of law)
1. The Petition must set out that the child is subject to the school attendance laws; has failed to attend school as required by the statute; that the notice to the parents and child has been given; and that the child and/or parents have failed to insure that the child is in attendance. (See sample attached.)
2. The summons to appear must be served so that the Respondents have at least five (5) days notice before an appearance is required.
3. The dates for appearance will be assigned to each district according to the district size and need for court dates. A master calendar will be available through the clerk in Division 304 for settings. A case number will be assigned to each case. Information concerning this process may be obtained by the clerk in Division 304 or on the court’s website at: courts.state.co.us.
4. Proof of service of the petition must be provided to the court before any orders will enter regardless of whether the parties appear. Service must be accomplished as follows:
*You shall complete personal service on the other party with a copy of the Petition/Summons per rule 4(e) of the Colorado Rules of Civil Procedure as outlined below: Take a copy of the Petition and summons and any other documents to the sheriff, a private process server, or someone you know who is 18 years or older, who is not a party to the case, and who knows the rules of service to serve the Respondent(s).
*Be sure to direct the sheriff, private process server, or person serving the documents to return the original and copy of the Affidavit/Certificate of Service to you.
* Remember to bring the original to Court on the day of your hearing.
5. If a school district decides to have a non-attorney employee represent them on a Petition to Compel School Attendance, the district must designate one person to represent the district in court. In addition, each school is required to send an individual who is familiar with the student and his/her family (case manager, truancy specialist etc.) to every court hearing/review to provide information concerning what truancy interventions have/have not been implemented and/or have/not been effective. The school district shall prepare and submit an updated and written report regarding the juvenile’s attendance, behavior, and grades to the court at every hearing/appearance/status conference. The report shall include all relevant information concerning the child’s family/caregiver/guardian(s), including addresses, date(s) of birth and contact information. (A sample report to the court is attached). The submission by the school of a written report authored by a representative of another agency (including the Department of Social Services and the Detention Alternative Program/SB-94) or an affidavit of attendance alone will not be deemed a satisfaction of this requirement. The school district may, as part of its written report to the court, attach or reference reports completed by other agencies for the court’s consideration.
6. Each parent/custodian/guardian and child (if age appropriate) shall be provided with a copy of the advisement form and will have read it prior to the hearing. An advisement form will be provided by the Court or may be provided by the district at the district’s discretion. (See sample form advisement attached.) It must advise the parties of their right to have counsel, their right to have a hearing on the petition, and any possible penalties that may enter including jail and/or detention. Spanish language advisements are available and shall be provided as necessary. (Sample attached.)
7. If the parties deny that the petition should enter, a hearing will be set at a later date. The burden of proof is on the school district to prove the allegations of the petition to compel school attendance by a preponderance of the evidence (more likely than not).
8. The districts are encouraged to prepare a stipulation to be signed by all parties with respect to an order to compel attendance. If there is going to be an agreement, the court requires that the agreement be in writing and signed by all parties and presented to the Court before the hearing begins.
9. If, after hearing or upon an admission, the Court, in its discretion, may enter an order against the child or the child’s parent or both compelling that the child attend school as provided by statute or compelling the parent to take reasonable steps to assure the child’s attendance. The court may require the child or parent or both to follow an appropriate treatment plan to achieve the goals of the statute.
10. The Court requires that a proposed order compelling attendance be available for preparation and service on any parties at any time the court enters an order compelling attendance. It is the responsibility of the Petitioner school district to have that available for the court at the time of hearing. (See sample attached.)
11. Each school district shall establish treatment plans for the court’s consideration and shall provide regular written updates to the court. Each school district shall maintain an updated list of resources available for at risk students/families. The purpose of any treatment plan is to identify why the student is exhibiting truant behaviors and to implement early and effective interventions so that the student is able to maintain attendance, increase school attachment and become engaged in school.
12. Upon entry of an order compelling attendance, the Court, at its discretion, will set the matter for review(s). The case may be closed, at any time at the Court’s discretion or once the child has demonstrated good attendance, improved behavior and academic improvement.
ENFORCEMENT PROCEEDINGS
CONTEMPT CITATIONS
If the child or Respondents have failed and/or refused to comply with the order of the court compelling attendance, enforcement will be by a contempt citation. Only a licensed attorney may file said motion. A school district must appear with and be represented by an attorney on a contempt matter.
1. If the Court has entered an order compelling attendance and the student is not in attendance as required, the Petitioner may file a contempt citation.
2. A contempt citation may be filed against any party that was subject to the order compelling attendance. It cannot be filed against a subsequent custodian who may not have been aware of the citation.
3. A contempt citation requires strict compliance with procedural rules set out in C.R.Civil Procedure 107. The Court may impose either punitive or remedial sanctions or both. Sanctions may include the ankle monitor, community service or detention for the student or jail for the parent or any other appropriate action for the purpose of either punishment or to obtain compliance or obedience to a lawful order of the court.
4. The Petitioner must prepare for the court a motion and affidavit as well as a citation and order. The pleadings must conform to the law concerning notice and advisement of rights. (See sample attached.)
5. The proper pleadings must be submitted to the court for ruling by the court as to whether a citation will issue.
6. If the court allows a citation to issue, the citation will be returned to the Petitioner with the date for hearing.
7. It is the Petitioner’s responsibility to obtain proper service of the pleadings. There must be service on each party and it must be at least 20 days before the party is expected to appear in court unless service is waived. The court, in its discretion, may permit filing and service of the citation in open court.
8. The court requires that returns of service or waiver be filed at the time of the date set for hearing.
9. If the Petitioner desires to dismiss the citation, Petitioner must file a written motion unless done in open court. It is within the discretion of the Court, not the parties, whether the motion to dismiss is granted. If permission is not granted, then the parties must appear. The Petitioner cannot excuse the child’s or Respondents’ appearances without the permission of the Court.
10. At the advisement hearing on the contempt citation, the court will advise the child and the Respondents of their rights. The Court will expect that the child and Respondents either admit or deny the allegations of the contempt citation at the advisement hearing on the citation.
11. If the child or Respondents deny the allegations of the contempt citation, the Court will set the matter for a contested hearing. At the contempt hearing, the school district will have the burden to prove the allegations of any punitive contempt citation by proof beyond a reasonable doubt, and the allegations of any remedial contempt citation by a preponderance of the evidence.
12. If the party is determined to be guilty either after hearing or by admission, the parties should expect to proceed to sentencing and be prepared to make argument with regard to sentence. The Court requires that a Valid Written Report (form attached) be prepared for every hearing where any type of enforcement may occur and that it be presented to the court upon request. See C.R. Juvenile Procedure 3.8 (attached)
13. Upon sentencing, the court will expect that an order be available for the court’s signature. There are very strict requirements for the contents of such an order. Until the Valid Court Order is entered by the Court, the school district is required to have a proposed VCO Order available for the Court to sign at each hearing. The Court requires that a written report regarding the student and parent(s) be submitted at every hearing/review/appearance. (Sample attached.)
14. If the court sentences the child to secure detention, there is a requirement for an order for detention that is separate from any other orders. The Secure Placement as Disposition Order (SPDO) must be available to the court within 5 business days from the date of the hearing.
15. The court will review any sentences for compliance with the orders of the court upon a periodic basis. It is customary for the court to issue a stay on a sentence to determine if the parties are able to come into compliance with the court orders.
Rebecca S. Moss
District Court Magistrate, 18th Judicial District, August, 2008
ATTACHMENTS
INDEX SAMPLES
1. Notice Letter to Student/Parent prior to Petition
2. Petition to Compel Attendance
3. Summons and Notice with respect to Petition to Compel Attendance
4. ADVISEMENT OF RIGHTS IN A TRUANCY PROCEEDING (English and Spanish)
5. STIPULATION
6. Valid Court Order
7. Rule 3.8 C.R.Juvenile Procedure
8. Valid Written Report (Contempt)
9. Written Report to Court/Treatment Plan
10. Contempt Advisement (English/Spanish)
11. Verified Motion for Contempt Citation, Order for Hearing
12. Order with Respect to Contempt Citation
13. Secure Placement as Disposition Order
14. Unauthorized Practice of Law
SAMPLE LETTER
DATE
ADDRESSEE
RE: Student name and date of birth
Dear _____________________:
This letter is to inform you that School District _________ is obligated to begin legal action against you and your child,____________________, to compel attendance at school if you do not obey Colorado compulsory attendance laws. You are advised that Colorado Revised Statute 22-33-104 requires that every child between the ages of 6 and 17, unless excused, shall attend public schools for at least 172 days each school year. The statute also requires that every parent of a child between the ages of 6 and 17 shall ensure that their children attend school.
Under State of Colorado law and the School District’s policy, a child who has four (4) or more unexcused absences in any month or ten (10) or more unexcused absences during the school year is considered “habitually truant.” By reviewing the attendance data attached to this letter, you will see that your child is currently considered habitually truant by state law.
[Any other information the district wishes to include with regard to management of the matter should be included here.]
If you wish to discuss this matter further, please contact ________________________ at ___________ immediately upon receipt of this letter.
Sincerely,
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|District Court, arapahoe, Colorado | |
|Court Address: 7325 S. Potomac St. Centennial, CO 80112 | |
|(303) 649-6382 | |
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|SCHOOL DISTRICT _________ | |
|IN THE INTEREST OF: | |
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|Minor Child | |
|And Concerning |Case Number: |
| |Division: |
|Respondent. | |
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|PETITION TO COMPEL ATTENDANCE |
THE PETITIONER, ________________________, County of Arapahoe, State of Colorado, through its duly designated Attendance Officer and _____________________ states as follows in support of this Petition:
1. _____________________, Respondent Child is a male/female child who resides with _________________________ at ________________________ within the boundaries of School District _________, County of __________, State of Colorado (“Petitioner”).
2. Petitioner is a political subdivision authorized to bring judicial proceedings to enforce the compulsory attendance provisions of C.R.S. 22-33-101 et.seq.
3. This Court has jurisdiction pursuant to C.R.S. 22-33-108.
4. Venue is proper in Arapahoe County pursuant to C.R.S. 22-33-108(1.5) as the Respondent Child resides or is present therein.
5. The date of birth of the child is _______________________ and has attained the age of six years and is under the age of seventeen years.
6. Respondent Child is not otherwise exempt from attending the public school facilities of the School District.
7. Despite being subject to compulsory school attendance laws, the Respondent Child has failed to regularly attend school, having four unexcused absences from public school in one month or ten unexcused absences from the public school during any school year.
8. Pursuant to C.R.S. 22-33-108(5), Respondent Child and Respondent Parent have been given written notice by the Attendance Officer of the School District or the State that proceedings will be initiated if the Respondent Child does not comply with the provisions of the compulsory school attendance laws. A copy of such written notice is attached hereto as Exhibit A.
9. Despite proper notice, Respondent student has failed to regularly attend school.
Therefore, Petitioner requests that:
The child and Respondents be required to appear before the Court on a day and time certain to show cause why an Order should not be entered compelling the child to attend school, and the Respondents to make reasonable efforts to ensure that the child attends school as provided by the provisions of Article, 33, Title 22, Colorado Revised Statutes of 1973, as amended.
An interpreter is (not) necessary for this hearing.
Further, a copy of this Petition, together with appropriate Notice is served on Respondents.
Date:
____________________________________
Name and Attorney Registration Number
Address of counsel for Petitioner:
Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this ___________ day of _______________, 20 _______.
My Commission Expires: ______________________ __________________________________________________ Notary Public/Deputy Clerk
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|District Court, arapahoe, Colorado | |
|Court Address: 7325 S. Potomac St. Centennial, CO 80112 | |
|(303) 649-6382 | |
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|SCHOOL DISTRICT _________ | |
|IN THE INTEREST OF: | |
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|Minor Child |Case Number: |
|And Concerning |Division: 304 |
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|Respondent. | |
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|SUMMONS REGARDING PETITION TO COMPEL ATTENDANCE |
TO: Minor Child and Respondents:
You are required to appear before this Court on ____________________________ at _______ m. in Division_______, Arapahoe County Courthouse, 7325 South Potomac Street in Englewood, CO 80112 to show why _________________________ (student) should not be compelled to attend the public school facilities of School District ________ of the County of Arapahoe, State of Colorado.
THE MINOR CHILD AND EACH RESPONDENT NAMED IN THIS ACTION MUST APPEAR AT THE DATE AND TIME SPECIFIED ABOVE UNLESS EXCUSED SPECIFICALLY BY THE COURT.
You are advised of the following rights with respect to this matter:
1. You have the right to admit or deny the allegations in the Petition to Compel;
2. The school district has the burden to prove the allegations of the Petition to Compel School Attendance by a preponderance of the evidence.
3. If an order compelling school attendance is entered by the court, and if the child or respondents are alleged to have not complied with the order and a contempt citation is issued, the school district will have to prove the allegations of any punitive contempt citation by proof beyond a reasonable doubt, and the allegations of any remedial contempt citation by a preponderance of the evidence.
4. You have the right to present evidence and witnesses to challenge the Petition;
5. You have the right to cross examine all adverse witnesses;
6. You have the right to have subpoenas issued to compel attendance of witnesses at a hearing on the Petition;
7. If a punitive contempt citation is brought, you will have the right to remain silent;
8. You have the right to appeal any adverse decision;
9. You have the right to have this case heard by a District Court Judge as opposed to a District Court Magistrate, by indicating this prior to or at the onset of any hearing. If you do not elect to have the District Court Judge hear the matter, then any decision made by the District Court Magistrate will be binding upon you, but you would have the right to request a review of the Magistrate’s decision by filing a request with the District Court Judge within fifteen (15) days of being provided with notice of the Magistrate’s findings and orders;
10. You have the right to speak prior to sentencing if a Contempt Citation is brought against you for failure to comply with the Court Order Regarding Mandatory School Attendance.
If you admit to the allegations in the Petition, the Court could enter an order compelling the Respondent student to attend school and for the Respondent parent/guardian to take reasonable steps to ensure such attendance. If the child is adjudicated to be a status offender in violation of a Valid Court Order or if a Respondent is found guilty of contempt of Court at any stage of the proceedings, the court may impose a fine or imprisonment or both.
Date:
____________________________________
Name and Attorney Registration
Address of counsel for Petitioner:
Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this ___________ day of _______________, 20 _______.
My Commission Expires: ______________________ __________________________________________________ Notary Public/Deputy Clerk
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|District Court, arapahoe, Colorado | |
|Court Address: 7325 S. Potomac St. Centennial, CO 80112 | |
|(303) 649-6382 | |
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|[pic] | |
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|Petitioner: SCHOOL DISTRICT __________ , COUNTY OF ARAPAHOE, STATE OF COLORADO | |
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|Respondents: ____________________________, Child, | |
|and __________________________________, Respondents. | |
|[pic] | |
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|Attorney: | |
|(MUST BE COMPLETED) |COURT USE ONLY |
|Phone Number: | |
|Fax Number: |[pic] |
|E-mail: | |
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| |Case Number 08 JV _______ |
| |Div.: |
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|ADVISEMENT OF RIGHTS IN A TRUANCY PROCEEDING |
The child and Respondent(s) are advised that they have the following rights:
A. You have the right to admit or deny the allegations in the Petition to Compel Attendance (the “Petition”);
B. You have the right to require the school district to prove the allegations of the petition to compel school attendance by a preponderance of the evidence;
C. You have the right to have the allegations of any future punitive contempt citation brought against you to be proven by proof beyond a reasonable doubt, and the allegations of any future remedial contempt citation brought against you to be proven by a preponderance of the evidence (more likely than not);
D. You have the right to present evidence and witnesses to challenge the Petition;
E. You have the right to cross examine all adverse witnesses;
F. You have the right to have subpoenas issued to compel attendance of witnesses at a hearing on the Petition;
G. You have the right to testify at a hearing on the Petition to Compel School Attendance;
H. You have the right to appeal any decision from the Petition to Compel Attendance. If the matter is heard by a Magistrate, you have the right to appeal the Magistrate’s order to the District Court Judge within fifteen (15) after you are provided notice of the Magistrate’s findings and orders;
I. If you are later found to be in contempt of court, you have the right to make a statement at the contempt sentencing hearing.
If you admit to the allegations in the Petition, the Court will enter a Valid Court Order compelling the child to attend school and for the Respondent parent(s) or Guardian(s) to take reasonable steps to ensure such attendance. Once a VCO is in effect, if a contempt citation is issued and you are found guilty on a punitive contempt citation, the Court may impose a fine or imprisonment or both if the court expressly finds:
A. that the Respondent(s) was subject to a Valid Court Order;
B. the Respondent(s) had the ability (in the past) to obey the order;
C the Respondent(s) willfully failed or refused to obey the order; and
D the Respondent(s’) conduct was offensive to the authority and dignity of the court.
AT THE INITIAL ADVISEMENT HEARING ON THE PETITION TO COMPEL SCHOOL ATTENDANCE, YOU MUST DO ONE OF THE FOLLOWING THINGS:
● Admit the child failed to attend school as required by the Mandatory School Attendance Law and agree to comply with any treatment requirements imposed by the Court; or
● Deny the allegation that the child failed to attend school as required by law and request a hearing before the Court;
PLEASE CIRCLE “YES” OR “NO” TO THE FOLLOWING QUESTIONS:
Do you understand your rights as explained above? Yes No
Do you understand these questions? Yes No
If not, what don’t you understand?
_____________________________________________________________________________________
_____________________________________________________________________________________
Child’s Current Address: Respondents’ Current Addresses: ______________________________________________________________
Respondents’ Home Phone Numbers: _______________________________________________________________
Child’s Date of Birth:
Respondent Parent(s) Date(s) of Birth:
Child’s Signature: ________________________________________________________________
Parent/Guardian/Legal Custodian’s Signature: _________________________________________________________________
_____________________________________
Date
TRUANCY ADVISEMENT-SPANISH
|District Court, Arapahoe County, Colorado | |
|Tribunal de Distrito del Condado de Arapahoe, Colorado | |
|Court Address:7325 South Potomac Street | |
|Domicilio: Centennial, Colorado 80112 | |
|303-649-6382 | |
|Petitioner: SCHOOL DISTRICT _________________ , | |
|COUNTY OF ARAPAHOE, STATE OF COLORADO | |
| |COURT USE ONLY |
|Respondents: _______________________________, Child, |USO EXCLUSIVO DEL JUZGADO |
|Demandados: Menor de | |
|edad | |
|and | |
|y | |
|Respondents: ______________________________________ | |
|Demandados: | |
| | |
| |Case Number: |
| |Causa número: |
| | |
| |Division: |
| |División: |
|Attorney: | |
|Abogado: | |
|(MUST BE COMPLETED) | |
|(DEBE LLENAR ESTA PARTE) | |
|Phone Number: | |
|Telefono | |
|Fax Number: | |
|Fax | |
|E-mail: | |
|Correo electrónico | |
| |
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|ADVISEMENT OF RIGHTS IN A TRUANCY PROCEEDING |
|NOTIFICACIÓN DE DERECHOS EN UN PROCESO POR AUSENTISMO ESCOLAR |
The child and Respondent(s) are advised that they have the following rights:
Se les notifica al menor y a los Demandados que tienen los siguientes derechos:
A. You have the right to admit or deny the allegations in the Petition to Compel Attendance (the “Petition”);
Tiene derecho a admitir o negar lo que se alega en la Petición para exigir la asistencia (la “Petición”);
B. You have the right to require the school district to prove the allegations of the petition to compel school attendance preponderance of the evidence;
Tiene derecho a exigir que el distrito escolar compruebe lo alegado en la Petición, por preponderancia de las pruebas;
C. You have the right to have the allegations of any future punitive contempt citation brought against you to be proven by proof beyond a reasonable doubt, and the allegations of any future remedial contempt citation brought against you to be proven by a preponderance of the evidence (more likely than not);
Tiene derecho a que se comprueben las alegaciones de cualquier citación punitiva futura por desacato por prueba más allá de una duda razonable, y las alegaciones de cualquier citación remedial futura por desacato por preponderancia de las pruebas (más probable que no);
D. You have the right to present evidence and witnesses to challenge the Petition;
Tiene derecho a presentar pruebas y testigos para refutar la Petición;
E. You have the right to cross examine all adverse witnesses;
Tiene derecho a contrainterrogar a todo testigo adverso;
F. You have the right to have subpoenas issued to compel attendance of witnesses at a hearing on the Petition;
Tiene derecho a que se expidan citatorios judiciales para obligar a los testigos a comparecer en audiencia por la Petición;
G. You have the right to testify at a hearing on the Petition to Compel School Attendance;
Tiene derecho a rendir testimonio en la audiencia por la Petición para exigir la asistencia;
H. You have the right to appeal any decision from the Petition to Compel Attendance. If the matter is heard by a Magistrate, you have the right to appeal the Magistrate’s order to the District Court Judge within fifteen (15) after you are provided notice of the Magistrate’s findings and orders;
Tiene derecho a apelar cualquier decisión sobre la “Petición para exigir la asistencia”. Si su causa es oída por un juez de instrucción, tiene derecho a apelar la orden del juez de instrucción ante el juez de distrito en un plazo de quince (15) días después de que se le haya notificado sobre los fallos y órdenes del juez de instrucción;
I. If you are later found to be in contempt of court, you have the right to make a statement at the contempt sentencing hearing.
Si más adelante se le halla en desacato al tribunal, tiene derecho a hacer una declaración en la audiencia condenatoria por desacato.
If you admit to the allegations in the Petition, the Court will enter a Valid Court Order compelling the child to attend school and for the Respondent parent(s) or Guardian(s) to take reasonable steps to ensure such attendance. Once a VCO is in effect, if a contempt citation is issued and you are found guilty on a punitive contempt citation, the Court may impose a fine or imprisonment or both if the court expressly finds that:
Si admite las alegaciones de la Petición, el juez dictará una “Orden judicial válida”, exigiendo que el menor asista a la escuela y que los padres demandados o tutores del menor den pasos razonables para asegurar dicha asistencia. Una vez que entre en vigencia dicha Orden, si se expide una citación por desacato y si se le encuentra culpable de una citación punitiva por desacato, el juez podrá imponerle una multa o reclusión, o ambas cosas, si determina expresamente que:
A. the Respondent(s) was subject to a Valid Court Order;
el o los demandados estaban supeditados a una Orden judicial válida;
B. the Respondent(s) had the ability (in the past) to obey the order;
el o los demandados habrían podido (anteriormente) obedecer la orden;
C. the Respondent(s) willfully failed or refused to obey the order; and
el o los demandados deliberadamente desacataron o se negaron a obedecer la orden; y
D. the Respondent(s’) conduct was offensive to the authority and dignity of the court.
la conducta del o los demandados fue ofensiva hacia la autoridad y dignidad del tribunal.
AT THE INITIAL ADVISEMENT HEARING ON THE PETITION TO COMPEL SCHOOL ATTENDANCE, YOU MUST DO ONE OF THE FOLLOWING THINGS:
EN LA AUDIENCIA INICIAL DE NOTIFICACIÓN SOBRE LA “PETICIÓN PARA EXIGIR LA ASISTENCIA A LA ESCUELA”, USTED DEBERÁ HACER UNA DE LAS SIGUIENTES COSAS:
● Admit the child failed to attend school as required by the Mandatory School Attendance Law and agree to comply with any treatment requirements imposed by the Court; or
Admitir que el menor faltó a la escuela según lo dispuesto en la Ley de Asistencia Escolar Obligatoria y comprometerse a cumplir con los requisitos de cualquier tratamiento impuesto por el juez; o
● Deny the allegation that the child failed to attend school as required by law and request a hearing before the Court;
Negar la alegación de que el menor faltó a la escuela conforme a la ley y solicitar audiencia ante el juez;
PLEASE CIRCLE “YES” OR “NO” TO THE FOLLOWING QUESTIONS:
POR FAVOR ENCIERRE EN UN CÍRCULO “SÍ” O “NO” PARA CONTESTAR LAS SIGUIENTES PREGUNTAS:
Do you understand your rights as explained above? Yes No
¿Entiende sus derechos según se le explicaron aquí? Sí No
Do you understand these questions? Yes No
¿Entiende estas preguntas? Sí No
If not, what don’t you understand?
Si no es así, ¿qué es lo que no entiende?
Child’s Current Address: Respondents’ Current Addresses:
Dirección actual del menor: Direcciones actuales de los demandados:
Respondents’ Home Phone Numbers:
Teléfonos de casa de los demandados:
Child’s Date of Birth:
Fecha de nacimiento del menor:
Respondent Parent(s) Date(s) of Birth:
Fecha de nacimiento del o los padres demandados:
Child’s Signature:
Firma del menor:
Parent/Guardian/Legal Custodian’s Signature:
Firma del padre, madre, tutor o custodio legal:
Date
Fecha
|District Court, arapahoe, Colorado | |
|Court Address: 7325 S. Potomac St. Centennial, CO 80112 | |
|(303) 649-6382 | |
|_____________________ | |
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|Petitioner: SCHOOL DISTRICT , COUNTY OF ARAPAHOE, STATE OF COLORADO | |
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|Respondents: ____________________________, Child, | |
|_______________________________________, Parent | |
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|Attorney or Party Without Attorney: | |
|MUST BE COMPLETED | |
|Phone No: | |
|E-mail: | |
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| |COURT USE ONLY |
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| |[pic] |
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| |Case Number:08 JV |
| |Div.: |
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|STIPULATION |
COME NOW the parties and submit the following Stipulation for the Court’s review and approval:
1. Petitioner has filed the pending action to compel the attendance of the child.
2. Respondents admit that the above named child is not exempt from attending the public school facilities of Petitioner and has at least four (4) unexcused absences in a single month or ten (10) unexcused absences in a single school year.
3. Respondents submit to the jurisdiction of the court and to the entry of all Valid Court Orders necessary to effectuate and accomplish the provisions of this Stipulation.
4. The child agrees to regularly attend school in ____________________ School District. The child agrees to attend all classes on time for every scheduled period. Respondent Parents/Guardians agree to use all reasonable efforts and to take all necessary measures to assure that said child attends school on time every day. No absence will be excused on the grounds of illness unless the Respondent produces a doctor’s note or is seen by the School Nurse.
5. Respondents further agree to cooperate with Arapahoe County School District ______________, including all truancy specialists/case managers, in creating and participating with all recommendations and programs offered to improve the attendance of the Respondent Student. This includes undertaking and cooperating with the following:
a. Arrange for tutoring to assist with academic needs through the School District.
b. Meet with the Truancy Specialist/case manager when requested to do so;
c. Obtain, complete and turn in homework assignments and to provide progress reports when requested by the Truancy Specialist and/or Truancy Case Manager;
d. Agree to attend all scheduled appointments with another agency or organization if the child or Parent/Guardian is referred to such agency or organization for assistance.
e. Other:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
6. If the Respondent(s) or child has failed to comply with any term of the Stipulation, Petitioner may pursue an action for citation for contempt of court against Respondents. In such an action, the Petitioner reserves the right to pursue all possible sentencing options, including detention, out-of-home placement, and community service.
7. The parties acknowledge that they sign this Stipulation voluntarily, knowingly, and without threat of coercion or intimidation and that they have had full opportunity to inquire as to the meaning and effect of any and all provisions hereof and that they represent and state that they understand all provisions hereof in full.
Dated this _____ day of _____________________, 2008.
_______________________________
School District Representative/Title
_______________________________
, Child
_______________________________
, Parent
_______________________________
, Parent
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|DISTRICT COURT ARAPAHOE COUNTY, COLORADO | |
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|Court Address: 7325 South Potomac Street | |
|Centennial, CO 80112 | |
|______________________________________ | |
|Petitioner: SCHOOL DISTRICT , COUNTY OF ARAPAHOE, STATE OF COLORADO |( COURT USE ONLY ( |
| | |
|THE INTEREST OF: |___________________ |
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|, a Child, |Case Number: |
| | |
|and Concerning | |
| |Div.: 304 |
|, Respondent. | |
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|______________________________________ | |
|For Petitioner | |
|Tel.: | |
|Fax: | |
|E-mail: | |
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|VALID COURT ORDER |
THIS MATTER comes before the Court on a hearing upon the Petition to Compel School Attendance.
I. A. Personally before the Court were:
X Counsel for Petitioner, School District___________.
X Minor Child
_____ _____________________________________,
Counsel for Respondent Child
X Respondent(s):_______________________________,
_____ Other:______________________________________.
B. Upon the agreement of the parties, or upon the testimony of the witnesses, the evidence received, reports received, statements and arguments of counsel, and the entire record, the Court finds:
X that the child has within a reasonable time been served with a written copy of the allegations contained in the Petition to Compel School Attendance;
X that the child has been informed he/she has the right to a hearing on the matter before the court;
X that the child has been informed of the nature of this proceeding and the possible consequences associated with it;
X that the Petition, Summons and required Notice were all duly served upon the Respondent(s), and the minor Child, as required by law and that by reason thereof, the Court has jurisdiction over the subject matter and parties;
X that the child is over the age of six (6) years and under the age of seventeen (17) years of age and has failed to attend school regularly as required by Colorado State and that no just cause for failure appears;
X that the child has been informed that he/she has the right to legal counsel and that counsel can be appointed at no charge to the child if the child is indigent and cannot afford counsel;
X that the child has been informed that he/she has the right to call witnesses in his/her own behalf and to confront and cross-examine witnesses against him/her;
__X__ that the child has been informed that he/she has the right to have a transcript as a record of this proceeding;
X that proof beyond a preponderance of the evidence exists that the child has failed to attend school as required by law pursuant to ________ admission by the child and respondents, or _________findings and orders of the Court following a contested hearing.
X that the future conduct of the child should be regulated by requiring the child to attend school regularly with no unexcused absences;
X that the child was warned that the child could be sanctioned for violating this order and such sanction could include placement in a secure detention or correctional facility;
______ that proof beyond a reasonable doubt exists that said child is guilty as charged of the allegations contained in the motion for the following reasons: Admission/Hearing;
X that a written copy of this order has been provided to the child, the child’s attorney, and the child’s legal guardian;
X that the child was informed that he/she has a right to appeal this order within the meaning of the Colorado Children’s Code.
Default: Neither the Child nor the Respondent(s) appeared. The Court finds that they were properly served and enters default orders against the Child and Respondents.
II. THE COURT THEREFORE FINDS AND ORDERS:
1. That in order to contribute to the educational needs, health, safety, welfare, and general best interests of the Child and to contribute to the ability of the Respondent(s) to provide proper parental care, educational needs, and supervision of the Child, the Child and the Respondent (s) in the above captioned case shall comply with the following treatment plan:
A. The Child shall attend school every day as required by the Colorado School Attendance Law of 1963, with no unexcused absences.
B. The Respondent(s) shall use whatever efforts are reasonably necessary to ensure the Child’s attendance at school every day as required by the Colorado Mandatory School Attendance Law of 1963, with no unexcused absences.
C. The parent shall notify the school district and the Court before enrolling the Child in another school or engaging in home schooling;
D. There shall be no truancies, tardies, or behavior which results in any disciplinary action, suspension, or expulsion.
E. There shall be no additional unexcused absences under any circumstances. A doctor’s note shall be required for any absences excused due to illness to be excused, unless the child is excused after seeing the school nurse.
F. The child shall have a curfew Sunday through Thursday nights no later than ________p.m. and Friday and Saturday nights no later than ________ p.m.
G. The Child and the Respondents shall cooperate with the assigned case manager or truancy specialist and shall comply with the recommendations outlined in the treatment plan or stipulation dated_____________.
H. The Respondent(s) shall attend all school conferences, activities and meetings related to the Child’s school performance as requested by the case manager/truancy specialist.
I. Other- The Child shall:
1. ______ Obey the rules of home, placement and/or school;
2. ______ Comply with the daily attendance card requirements;
3. ______ Complete a mental health evaluation before________________;
4. ______Complete a substance abuse evaluation before_______________;
5. ______ Submit to random UA testing and/or treatment;
K. Other:___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
A further appearance review is set for ______________ in Division________, at which time the Child and Respondents are ordered to appear unless otherwise ordered by this Court.
ORDERED BY THE COURT THIS_____DAY OF________, 200__.
______________________________
District Court Judge/Magistrate
Rule 3.8. Status Offenders
Juveniles alleged to have committed offenses which would not be a crime if committed by an adult (i.e.,
status offenses), shall not be detained for more than 24 hours excluding non-judicial days unless there has been
a detention hearing and judicial determination that there is probable cause to believe the juvenile has violated a
valid court order. A juvenile in detention alleged to be a status offender and in violation of a valid court order
shall be adjudicated within 72 hours exclusive of non-judicial days of the time detained. A juvenile adjudicated
of being a status offender in violation of a valid court order may not be disposed to a secure detention or
correctional placement unless the court has first reviewed a written report prepared by a public agency which is
not a court or law enforcement agency. The report shall address the juvenile's behavior and the circumstances
which brought the juvenile before the court and shall assess whether all less restrictive dispositions have been
exhausted or are clearly inappropriate. The court is not bound by the recommendations contained in the report.
Nothing herein shall prohibit the court from ordering the placement of juveniles in shelter care where
appropriate, and such placement shall not be considered detention within the meaning of this rule. Juveniles
alleged to have violated C.R.S. 18-12-108.5 or adjudicated delinquent for having violated C.R.S. 18-12-108.5
are exempt from the provisions of this rule.
COMMITTEE COMMENT
The reference to "valid court orders" is taken from the federal Juvenile Justice and Delinquency Prevention Act
(JJDPA) of 1974, as amended, which is found at 42 U.S.C.A. 5601-5751. The Office of Juvenile Justice and Delinquency
Prevention in April, 1995, issued final regulations to implement that portion of the of the JJDPA, as amended in 1992,
which addresses the detention and secure confinement of status offenders. These regulations, which are found at 28
C.F.R. 31.303 (f)(3) set forth the legal requirements for issuing of "valid court orders," the violation of which by a status
offender may, in certain circumstances, authorize juvenile courts to detain and/or commit such youth to secure
confinement. The appendix to these rules contains a form for issuing a valid court order and a form order for making a
secure placement disposition for violation of a valid court order.
The Committee's intent in drafting this rule is not to encourage more frequent use of detention for status offenders.
The Committee recognizes that Congress and the OJJDP assumed that courts would exhibit self-restraint and exercise
the valid court order exclusion only in cases of status offenders who chronically fail to follow court orders. The Colorado
supreme court in In the Interest of J.E.S., 817 P.2d 508 (Colo. 1991) quoted from In Re Ronald S., 9 Cal. App. 3D 866,
138 Cal. Rptr. 387 (1977) to comment on the use of secure confinement for status offenders.
Certainly not all [status offenders] need to be placed in secure facilities. However, some do and in these cases the
juvenile court judge must have the authority to detain in a secure facility--if status offenders are to remain in the juvenile
court. 69 Cal. App. 3d at 875, 138 Cal. Rptr. at 393.
Ohio Representative Ashbrook, who sponsored the valid court order amendment, stated that without the amendment
courts would be limited in their ability to work with youths who continually flout the will of the court and that it would make
"helping that young person much more difficult." (126 Cong. Rec. H. 10 10932). Ashbrook contemplated that the valid
court order exception would primarily be used to provide treatment rather than punishment.
The Committee recommends that the Courts adopt this benevolent approach and use the valid court order exception
to ensure that secure placements are used only for recalcitrant status offenders.
Runaways who are in violation of their probation do no fall under this rule.
Source: Entire rule and committee comment added and adopted June 12, 1997, effective January 1, 1998;
committee comment corrected November 19, 1997; committee comment amended and adopted December 14,
2000, effective January 1, 2001.FORMS
Valid Court Order Written Report
Per the Office of Juvenile Justice and Delinquency Prevention Consolidated Federal Regulation (28CFR Part 31) and the Colorado Judicial Procedure Rule Change #1997 (17) CRJP 3.8 Status Offenders.
Chapter 28 Colorado Rules of Juvenile Procedure. Part Three. Delinquency.
The Judge should be able to review this report before the Violation Hearing.
Please be as complete and concise as possible for the Judge’s benefit.
___________________________________________________ __________________________
Case Number Juvenile Name
Date This Report Prepared _____________________________
_______________________________________ _______________________________________
Report Prepared By Title and Agency
In entering any order that directs or authorizes the placement of a status offender in a secure facility the judge presiding over an initial probable cause hearing or violation hearing must determine that all the elements of a Valid Court Order and applicable due process rights were afforded the juvenile and in the case of a violation hearing the judge must obtain and review a written report that:
Reviews the behavior of the juvenile and the circumstances under which the juvenile was brought before the court and made subject to such an order; (Describe the behavior(s) of the juvenile and why the case was referred to the court. Please be as specific as possible. Attach additional pages as needed).
Determines the reasons for the juvenile’s behavior; (Please be as specific as possible. Describe who you have interviewed to determine the reasons, what tests/assessments have been conducted, what the juvenile has said, what teachers/agencies have stated. Attach additional pages as needed).
Determines whether all dispositions, other than secure confinement, have been exhausted or are clearly inappropriate. (Please list ALL alternatives that have been tried and failed and list all alternatives that have not been tried but are clearly inappropriate).
It is my assessment that it is in the best interest of the minor child and the community that this child should serve a period of detention due to the child’s actions in Contempt of this Court, and that are no less restrictive alternative placements appropriate to the needs of the minor child.
Recommended this __________________ of _____________________, __________________
Date Month Year
___________________________________________ ________________________________________
Signature Printed Name
SAMPLE REPORT TO THE COURT
IN THE DISTRICT COURT IN AND FOR THE
STATE OF COLORADO
COUNTY OF ARAPAHOE
Juvenile Action No. Div. 304
THE PEOPLE OF THE STATE OF COLORADO,
)
) SPECIAL REPORT TO THE
In the Interest ) COURT
)
(INSERT NAME)
)
A CHILD ) Date:
)
Parent/ Guardian: (INSERT NAMES)
Address: (INSERT ADDRESSES) Home Phone:
D.O.B.: 12/16/1995 Age: 12
Gender: Female/Male Race/ Ethnicity: (INSERT)
Personal and Family History:
A home visit was scheduled for February 12, 2008 at 9:30 A.M. This writer met with (Names deleted) on the visit. The purpose of this visit was to discuss student’s reasons for truancy. Student is a 12 year old juvenile female who currently resides with her mother and younger sister (age 8).
Mother reports living in Aurora for the past few years at the present residence. Mother states that student really enjoyed attending elementary school and has enjoyed her 6th grade year so far at this year. Child participates in the Role Model COMPASS, after school program, twice a week. She is receiving Special Education Services and has numerous excused and unexcused absences. Mother is currently unemployed but stated that she “needs a job.” Student’s younger sister attends elementary school in the Aurora Public School District. Sibling is currently receiving Special Education Services and has many excused parent absences, including some for illnesses.
Mother and student reported no physical or sexual abuse in the home. Student reports that she gets along with everyone in the home. Recent deaths have affected her.
Child’s extracurricular activities include participating in the South after school program, COMPASS, twice a week and as a member of the dance team at her uncle’s church.
Mother expressed the positive interactions student has with her uncle and sister. Student does not cause any problems at home.
Prior Court Involvement: Child reports not having had any prior court involvement.
Prior Social Services Involvement: Mom reports not having had any prior social service involvement.
Mental Health Services and Treatment: None
Education: Student is a 6th grader attending East Middle School and is projected to attend 7th grade at East Middle School next year. Student’s grades this year range from B’s-F’s. Student struggles in math and social sciences. Mother states that she believes student needs tutoring in math. Student plays the clarinet and enjoys band class. Student said that she does not always feel like doing homework but when she does need help her mother assists her.
Student does not have any behavior issues.
When this writer asked does something happen either at school or at home that triggers the skipping of classes? Student said she stays home when she is sick or when she has orthodontic appointments. She is always at home with her mother when she misses school.
School District Information: Student has been absent 46 class periods and tardy 3 times. She has 41 excused missed periods called in by her mother.
Summary:
The writer of this report is concerned for student: The following concerns are:
• Student has many excused and unexcused missed class periods/days.
• Mom admitted that there were times she enabled student to stay at home, and now she sends student to school even when she makes excuses to stay home.
It is the assessment of this writer that: Student has established a pattern of truant behavior which has affected her progress in the classroom and her grades. She is musically talented and is capable of receiving better grades.
Mother states that she believes there are times when student is depressed due to (recent) deaths in the family and incarcerations.
The following risk and protective factors have been identified by this writer.
Risk factors: History of truancy, (recent) deaths in the family, family members being incarcerated (uncle), lack of academic achievement (grades) & learning disability.
Protective factors: Mother provides a safe, stable living environment, loving family, supportive mother, no alcohol or drug problem by child or parent, no gang involvement, student has no behavior problems & enjoys most subjects, including band.
The following are this writer’s recommendation for student and her family:
Student is to attend school every day. If student is sick or late for school, the mother will call the school to notify the school of the absence for the period or day. Mother will then take student to the doctor to get a doctor’s note validating her sickness. Any unverified or unexcused absences or tardiness will be a violation of this stipulation, which will subject the respondents to further court action. Student is to report to the clinic if ever a question of illness or health concerns arise and only the clinic will excuse student for the day.
Student is to continue participating in the South after school program, COMPASS, twice a week.
Court Appearances
• March 4, 2008 9am
• April 1, 2008 9am
• April 22, 2008 9am
Assessment Update Since Last Court Date-March 4, 2008
Court Date-April 1, 2008 9am.
• Student has not missed any school.
• Student does not have any tardies.
• I spoke to mom about the Saturday School dates on the phone. The family had a conflict for Saturday School on 3/15/08.
• Student will attend her first Saturday School on 4/5/08.
• The remaining Saturday School dates are 4/5, 4/19 and 5/10 from 8:30-11:30am at East Middle School.
• Student’s 3rd Quarter grades were science (F), math (B), band (C), and language arts (D).
• Today (3/31/08) is student’s first day back to school after Spring Break (3/24-3/28/08).
• I will be meeting with student today (3/31/08) at school.
• I will be calling mom today (3/31/08) as well.
• Student is doing a great job with getting to school on time every day.
• I encourage student to ask for help when she needs it in order to improve her 4th Quarter grades. There are only 8 weeks left of school before summer break.
Assessment Update Since Last Court Date-April 1, 2008
• Student received a Barnes & Noble gift card from Magistrate.
Court Date-April 22, 2008
• Student attended Saturday School on 4/5. Her next session is tomorrow, 4/19.
• Student has 3 excused class periods. I spoke to mother about these on 4/17.
• Student does not have any tardies.
• Mother called me on 4/16 to ask for permission to excuse Student for an appointment.
• Student started her attendance tracker on 4/17 and will continue until the end of the school year. Ms. Teacher will be collecting her attendance tracker on Friday afternoon.
• Student is completing her homework on time.
• I encourage student to ask for help when she needs it.
• There are only 5 weeks left of school before summer break.
This report was completed and respectfully submitted by,
______________________________________ 4/18/08
Truancy Advocate
Cc: Magistrate Rebecca Moss
Attorney
Parent/Guardian
Contempt Advisement
You are here today for your first appearance in court on a contempt citation issued against you based on allegations that you failed to comply with a court order. (Allegations are statements of what you may have done to violate the court order.) The Court may find you in contempt because you failed to do something within your power to do and/or your conduct was offensive to the authority and dignity of the court.
YOU HAVE CERTAIN RIGHTS AT THIS PROCEEDING AND AT ALL FUTURE PROCEEDINGS IN THIS MATTER:
1. You have the right to remain silent. Anything you say today or at any other time can and will be used against you;
2. You have the right to be represented by an attorney. If cannot afford to hire an attorney, the court will appoint an attorney to represent you at no cost to you. If you wish to pursue representation by a court appointed attorney, please answer yes at the end of this document. You will be given an application and told what to do;
3. You have the right to deny the allegations in the citation by pleading not guilty;
4. If you plead not guilty, you have the right to a trial;
5. You are presumed innocent until the other side establishes your guilt beyond a reasonable doubt;
5.At trial, you have the right to cross examine the witnesses against you, the right to subpoena and call witnesses to testify on your behalf, the right to present your own evidence, and, you have the right to testify at the trial if you wish to give up your right to remain silent;
9. If you plead guilty or are found guilty, you have the right to appeal your conviction to a higher court;
10. You have the right to speak before sentence is given;
11. You have the right to appeal any sentence that may be imposed.
12. You have the right to have this case heard before a district court judge instead of a district court magistrate but only if you make this request prior to or at the outset of the contempt hearing.
If you plead guilty or the Court finds you guilty, the Court may sentence you as follows:
1. to a detention sentence of up to 45 days if you are a juvenile;
2. to a jail sentence of up to 180 days if you are an adult or remedial sanctions;
3. Require you to do as the court orders, so long as it is reasonable, to remedy the violation of the court order including complying with the present Court order;
4. Payment of fines;
5. Be placed outside of the home if you are a juvenile through the Department of Social Services;
6. or, you may be jailed and fined every day until such time as you bring yourself into compliance with the court order.
The actual sentence will be determined by the Court after you have an opportunity to provide an explanation for your behavior.
YOU MUST ANSWER THE FOLLOWING QUESTIONS:
Have you read the contempt citation and the allegations made against you?
Please circle YES NO
Do you understand the allegations against you? Please circle YES NO
Do you wish to have an attorney? Please circle YES NO
______________________________ ____________________________________
PARENT/GUARDIAN MINOR CHILD
Contempt Advisement
Notificación por desacato
You are here today for your first appearance in court on a contempt citation issued against you based on allegations that you failed to comply with a court order. (Allegations are statements of what you may have done to violate the court order.) The Court may find you in contempt because you failed to do something within your power to do and/or your conduct was offensive to the authority and dignity of the court.
Se encuentra hoy aquí para su primera comparecencia debido a una citación por desacato que se expidió en su contra conforme a alegaciones de que usted incumplió una orden judicial. (Las alegaciones son afirmaciones de lo que posiblemente usted hizo para incumplir la orden judicial). El juez podría encontrarlo en desacato porque usted no hizo algo que estaba en su poder hacer o su conducta ofendió a la autoridad y dignidad del tribunal.
YOU HAVE CERTAIN RIGHTS AT THIS PROCEEDING AND AT ALL FUTURE PROCEEDINGS IN THIS MATTER:
USTED TIENE CIERTOS DERECHOS EN ÉSTA Y EN TODA ACTUACIÓN JUDICIAL FUTURA EN ESTA CAUSA:
1. You have the right to remain silent. Anything you say today or at any other time can and will be used against you;
Tiene derecho a guardar silencio. Cualquier cosa que usted diga hoy o en cualquier otro momento se usará en su contra;
2. You have the right to be represented by an attorney. If cannot afford to hire an attorney, the court will appoint an attorney to represent you at no cost to you. If you wish to pursue representation by a court appointed attorney, please answer yes at the end of this document. You will be given an application and told what to do;
Tiene derecho a estar representado por un abogado. Si no tiene los medios para contratarlo, el juez le designará a un abogado que lo represente sin costo para usted. Si desea que lo represente un abogado designado por el juez, sírvase contestar “sí” al final de este documento. Se le entregará una solicitud y se le dirá qué hacer;
3. You have the right to deny the allegations in the citation by pleading not guilty;
Tiene derecho a negar las alegaciones de la citación, declarándose no culpable;
4. If you plead not guilty, you have the right to a trial;
Si se declara no culpable, tiene derecho a un juicio;
5. You are presumed innocent until the other side establishes your guilt beyond a reasonable doubt;
Se le presume inocente hasta que la otra parte establezca su culpabilidad más allá de una duda razonable;
6. At trial, you have the right to cross examine the witnesses against you, the right to subpoena and call witnesses to testify on your behalf, the right to present your own evidence, and, you have the right to testify at the trial if you wish to give up your right to remain silent;
En el juicio, tiene derecho a contrainterrogar a los testigos en su contra, derecho a citar judicialmente y llamar a testigos a que declaren a su favor, derecho a presentar sus propias pruebas, y además, usted tiene derecho a rendir testimonio en el juicio si desea renunciar a su derecho a guardar silencio;
7. If you plead guilty or are found guilty, you have the right to appeal your conviction to a higher court;
Si se declara culpable o se le encuentra culpable, tiene derecho a apelar el fallo condenatorio ante un tribunal superior;
8. You have the right to speak before sentence is given;
Tiene derecho a hablar antes de que se imponga la condena;
9. You have the right to appeal any sentence that may be imposed.
Tiene derecho a apelar cualquier condena que le sea impuesta.
10. You have the right to have this case heard before a district court judge instead of a district court magistrate but only if you make this request prior to or at the outset of the contempt hearing.
Tiene derecho a que esta causa sea oída por un juez de distrito en lugar de un juez de instrucción, pero sólo si lo solicita previamente o al comienzo de la audiencia por desacato.
If you plead guilty or the Court finds you guilty, the Court may sentence you as follows:
Si se declara culpable o el juez lo encuentra culpable, se le podrá sentenciar de la siguiente manera:
1. to a detention sentence of up to 45 days if you are a juvenile;
a detención de hasta 45 días si usted es menor de edad;
2. to a jail sentence of up to 180 days if you are an adult or remedial sanctions;
a pena carcelaria de hasta 180 días si es adulto o sanciones remediales;
3. Require you to do as the court orders, so long as it is reasonable, to remedy the violation of the court order including complying with the present Court order;
Exigirle hacer lo que el juez le ordene (siempre y cuando sea razonable) para remediar el incumplimiento de la orden judicial incluyendo cumplir con la orden judicial actual;
4. Payment of fines;
Pago de multas;
5. Be placed outside of the home if you are a juvenile through the Department of Social Services;
Ser colocado fuera de su hogar si es menor de edad, por medio del Departamento de Servicios Sociales;
6. or, you may be jailed and fined every day until such time as you bring yourself into compliance with the court order.
o, podrá ser encarcelado y multado cada día hasta el momento en que cumpla con la orden judicial.
The actual sentence will be determined by the Court after you have an opportunity to provide an explanation for your behavior.
El juez determinará su condena específica después de que haya tenido oportunidad de explicar su comportamiento.
YOU MUST ANSWER THE FOLLOWING QUESTIONS:
DEBE CONTESTAR LAS SIGUIENTES PREGUNTAS:
Have you read the contempt citation and the allegations made against you?
¿Ha leído la citación por desacato y las alegaciones formuladas en su contra?
Please circle YES NO
Encierre en un círculo SÍ NO
Do you understand the allegations against you? Please circle YES NO
¿Entiende las alegaciones en su contra? Encierre en un círculo SÍ NO
Do you wish to have an attorney? Please circle YES NO
¿Desea tener un abogado? Encierre en un círculo SÍ NO
PARENT/GUARDIAN MINOR CHILD
PADRE, MADRE O TUTOR MENOR
| | |
|District Court, ARAPAHOE County, Colorado | |
|Court Address: Arapahoe County, District Court | |
|7325 South Potomac Street | |
|Centennial, Colorado 80112 | |
|(303)649-682 | |
| | |
| | |
|SCHOOL DISTRICT _________ | |
|IN THE INTEREST OF: |Case Number: |
| |Division: |
|Child, | |
|And Concerning | |
| | |
|Respondent. | |
| |
|CONTEMPT CITATION AND ORDER TO SHOW CAUSE |
To: _________________________________________________, Respondent
It appears to the Court, based upon the attached Verified Motion for Contempt Citation, that you may have violated this Court’s order compelling attendance issued on _____________ (date), and that you may be in Contempt of Court.
You are cited and ordered to appear before ________________________ (Court) at the above stated address, on _______________(date), at _________(time), to show cause, if any exists, why you should not be held in Contempt of Court and punished according to law.
You are hereby informed that you have the following rights at the contempt hearing:
1. The right to an attorney. If you cannot afford an attorney and if a jail sentence will be considered, you may apply for Court Appointed Counsel.
2. The right to either a trial to the Court or a trial to a jury (if the contempt sanction exceeds 180 days).
3. The right to have this contempt matter heard by a judge instead of a magistrate.
4. The right to plead either guilty or not guilty to the charge of contempt.
5. You are presumed innocent unless proven guilty.
6. The right to have each and every allegation in the contempt complaint proven by evidence beyond a reasonable doubt.
7. The right to confront and cross-examine all witnesses against you.
8. The rights to present all relevant witnesses and evidence you wish at trial or hearing.
9. The right to request the Court to issue subpoenas to compel witnesses to appear and give testimony.
10. The right to remain silent.
11. The right to testify on your own behalf. If you testify, you waive your right against self-incrimination and the school district may cross-examine you.
The court may impose a fine, remedial sanctions and/or imprisonment if the court expressly finds: (A) that the contemnor was subject to an order, (b) the contemnor had the ability (in the past) to obey the order, (c) the contemnor willfully failed or refused to obey the order and
(d) the contemnor's conduct was offensive to the authority and dignity of the court.
If you fail to appear in Court at the time, date and place specified on this citation, a bench warrant will be issued for your arrest without further notice and you may be further punished according to law for failure to appear.
Date: _______________________ ________________________________
District Court Magistrate/Judge
| | |
|District Court, ARAPAHOE County, Colorado | |
|Court Address: Arapahoe County, District Court | |
|7325 South Potomac Street | |
|Centennial, Colorado 80112 | |
| | |
| | |
|School District __________________ | |
| | |
|In the Interest of |Case Number: |
| | |
| |Division: |
|Child | |
|and Concerning | |
| | |
|Respondents. | |
| |
|VERIFIED MOTION FOR CONTEMPT CITATION (TRUANCY) |
I, _________________________________on behalf of School District ______, inform the Court that the Order Compelling Attendance previously issued by the Court on ______________in this case has been violated. This is a request for the Court to issue a contempt citation against the Respondent _____________________________________(names of all parties) and set the matter for hearing. The following are grounds for this request:
1. This Court issued an Order Compelling Attendance on ____________________________ as shown in the Court file.
2. The subject Order was served on the Respondents on ______________________________ (date) by personal service/pursuant to C.R.C.P. 5.
3. The Order was violated by the Respondent based on the failure of the Respondent student to attend school as ordered and/or the Respondent parent/guardian__________________________________ to fail to ensure that the Respondent student attended school as ordered. The Respondent student has been absent for ______________ days and __________________class periods or days (circle one) without excuse as required by Court. Further the Respondent student has failed to comply with the Court order by _________________________________________________________________________________________. Such conduct is offensive to the dignity and authority of the Court.
Therefore, this is a request for a contempt citation to be issued and a hearing held, and that the Respondents be held in contempt of court for violating this Court’s Order and punished for this violation by fines, placement of the student outside the home, detention or jail or any other necessary actions to insure compliance with the court’s orders.
________________________________________________
Signature of Petitioner’s Attorney
Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this ___________ day of _______________, 20 _______.
My Commission Expires: ______________________ __________________________________________________ Notary Public/Deputy Clerk
| | |
|District Court, ARAPAHOE County, Colorado | |
|Court Address: Arapahoe County, District Court | |
|7325 South Potomac Street | |
|Centennial, Colorado 80112 | |
| | |
| | |
|School District __________________ | |
| | |
|In the Interest of |Case Number: |
| | |
|Child and Concerning |Division: |
| | |
|Respondents. | |
| |
|ORDER WITH RESPECT TO CONTEMPT CITATION (TRUANCY) |
THIS MATTER came before the court on _______________________(date). Present were Petitioner by ________________________. Respondent Child mother fatherguardian ________________Attorney for Child ____________ Guardian ad litem appeared.
Respondents were advised of their rights. Respondent Child pleads Guilty Not Guilty.
Respondent mother fatherguardian pleads Guilty Not Guilty.
Based upon all of the evidence, the Court finds Respondent Student Mother Father Guardian conduct offensive to the authority and dignity of the Court and finds him/her/them in contempt of court. Further, contemnors are subject to an order, had the ability to obey the order, willfully failed or refused to obey the order and the conduct was offensive to the authority and dignity of the court.
Respondent Student is sentenced to __________days in juvenile detention. Sentence is stayed until the next court hearing until _____________________________________________________.
Respondent Mother Father Guardian is sentenced to ____________ days in the Arapahoe County Jail
with work release without work release. Sentence is stayed until the next court hearing on ____________________________________________________________________;
Bench warrant is issued for Respondent child Respondent mother Respondent father on receipt of identifying information. Bond is set at _________________ PR Cash/Surety/PropertyCash only Cosigned by parent or guardian. Colorado extradition, expiration one year from this date.
Bench warrant is issued for Respondent child Respondent mother Respondent father on receipt of identifying information. Bond is set at _________________ PR Cash/Surety/PropertyCash only Cosigned by parent or guardian.
The Court further orders: ________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________
This matter is reset for a Contempt hearing Contempt sentencing Review of sentence on ______________________________________ at _____________m in Division _______ of the Arapahoe County District Court at which time you must be present or a BENCH WARRANT MAY BE ISSUED FOR YOUR ARREST.
Contempt is dismissed against Respondent student mother father with respect to the present citation on the Motion of the Petitioner.
Copies served on all parties present. Copies to be served pursuant to C.R.C.P. 5 on all parties not present.
Dated:
BY THE COURT
__________________________________
District Court Magistrate
|District Court, ARAPAHOE County, Colorado | |
|Court Address: Arapahoe County, District Court | |
|7325 South Potomac Street | |
|Centennial, Colorado 80112 | |
| | |
|School District _____________________ | |
|In the Interest of: | |
| | |
| |▲ COURT USE ONLY ▲ |
| |Case Number: |
|Child(ren) and concerning | |
| | |
| |Division Courtroom |
| | |
|Respondent(s)/Guardians(s) | |
|SECURE PLACEMENT AS DISPOSITION FOR VIOLATION OF VALID COURT ORDER |
This matter comes before the Court in the exercise of its jurisdiction provided by §19-1-104, C.R.S. upon petition concerning the above-named child. This matter was heard before the Honorable , Judge of the Juvenile Court of County, Colorado on the petition which alleges that said child is in violation of a valid court order issued by this court on the day of 20 . Said child was previously adjudicated guilty on petition and is a status offender as that term is defined in In the Interest of J.E.S., 817 P.2d 508 (Colo. 1991) and 28 CFR Sec. 31.304(h).
I. A. Personally before the Court were:
B. Before the Court on service of process were:
C. Counsel present for the child was:
D. Upon testimony of the witnesses, the evidence received, reports received, statements and arguments of counsel, and the entire record, the Court finds:
that the child has within a reasonable time been served with a written copy of the charges;
that the child has been informed he/she has the right to a hearing on the matter before the court;
that the child has been informed of the nature of this proceeding and the possible consequences associated with it;
that the child has been informed that he/she has a right to legal counsel and that counsel can be appointed at no charge to the child if the child is indigent and can not afford counsel;
that the child has been informed that he/she has the right to call witnesses in his/her own behalf and to confront and cross-examine witnesses against him/her;
that the child has been informed that he/she has a right to have a transcript or record of this proceeding;
that a probable cause hearing or adjudicatory hearing was held on the day of 20 at a.m./p.m. which is within 24 hours, excluding weekends and holidays, of the juvenile's placement in secure detention which occurred at a.m./p.m. on the day of 20 ;
that this violation hearing is within 72 hours, excluding weekends and holidays, of the juvenile's placement in secure detention which occurred on the day of 20 ;
that proof beyond a reasonable doubt exists that said child has violated the valid court order issued by the court on the day of 20 , in the following respects:
that the court has reviewed the written report prepared by , a public agency independent of the court and law enforcement, has reviewed the account provided therein of the juvenile's behavior and the circumstances which brought the juvenile before the court, and has reviewed the assessment of whether all dispositions other than secure confinement have been exhausted or are clearly inappropriate;
that there is no less restrictive alternative appropriate to the needs of the juvenile and the community;
that the juvenile should be placed to best serve the interests of the juvenile and the community;
that the child was informed he/she has a right to appeal this order; within the meaning of the Colorado Children's Code.
II. IT IS, THEREFORE ORDERED:
1. That , who violated a valid court order, is placed as the disposition of this court.
2. It is further ordered:
Date: ______________________________ _________________________________
θJudge θ Magistrate
UNAUTHORIZED PRACTICE OF LAW
The unauthorized practice of law includes, but is not limited to, an unlicensed person’s
actions as a representative in protecting, enforcing or defending the legal rights and duties of
another and/or counseling, advising and assisting that person in connection with legal rights
duties. See Denver Bar Ass’n v. P.U.C., 154 Colo. 273, 391 P.2d 467 (1964).
WHAT A NON-LAWYER CANNOT DO
• You cannot give legal advice to another individual.
• You cannot choose legal documents which you believe are appropriate for another individual (without supervision of an attorney).
• You cannot draft legal documents on behalf of another (without supervision of an attorney).
• You cannot interpret law for another individual’s situation (without supervision of an attorney).
• You cannot prepare cases for trial for another (without supervision of an attorney).
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▲ FOR COURT USE ▲
▲
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▲ FOR COURT USE ▲
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