Colo. R. Juv. P. 3.1

As amended through Rule Change 2024(12), effective July 28, 2024

Rule 3.1 - Petition Initiation, Form and Content

(a) A petition concerning a juvenile who is alleged to be delinquent shall be initiated in accordance with Section 19-2-512 and 513 , C.R.S.

(b) If the petition is not filed within seventy-two (72) hours (excluding Saturdays, Sundays, and official court holidays) after a juvenile is taken into custody and not released to a parent, guardian or legal custodian, said juvenile shall be released upon order of court; provided that upon application to the court by the district attorney or any interested party and for good cause shown, the above time period may, in the discretion of the court, be extended for a reasonable period of time to be fixed by said court.

Colo. R. Juv. P. 3.1

Entire chapter repealed and reenacted June 16, 1988, effective 1/1/1989; entire rule amended and adopted April 17, 1997, effective 7/1/1997.

ANNOTATION Annotator's note. Since rule 3.1 is similar to rule 7 as it existed prior to the 1988 repeal and reenactment of the rules of juvenile procedure, a relevant case construing that provision has been included in the annotations to this rule. Petition is similar to information in criminal law. People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981). Sufficiency of petition in delinquency. A petition in delinquency is sufficient if it advises the juvenile of the nature and cause of the accusation against him, so that he can adequately defend himself. People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981). Petition need not specify lesser included offenses. A petition in delinquency need not specify lesser included offenses which may have been committed in commission of the described act. People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981). And incorrect citation of statutory reference in petition is not grounds for reversal, absent substantial prejudice. People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981).