DISTRICT COURT, ARCHULETA COUNTY, COLORADO
109 Harman Park Drive
Pagosa Springs, CO 81147
Plaintiff: The People of the State of Colorado in the Interest of J.W., Child
And Concerning: Jessica Hayes and Edward Rafferty, Respondent Parents
Case Number 2023JV30001
Attorney for the Archuleta County Department of Human Services:
Jeffrey C. Koy, Atty. Reg. No. 30052
Koy, Dingboom, Oates LLC
PO Box 4191
Englewood, CO 80155
Phone Number (720) 937-0394
Fax Number: Withheld Pursuant to Rule
Email:
JKoy@KDO-law.comDEPENDENCY SUMMONS BY PUBLICATION
TO THE ABOVE-NAMED RESPONDENT: EDWARD RAFFERTY YOU ARE HEREBY NOTIFIED that a verified Petition in Dependency and Neglect has been filed in the above-captioned case in which it is represented that the child named above is neglected and/or dependent as defined in the Children’s Code, C.R.S. § 19-3-102, for the reasons set forth in the Petition. You may obtain a copy of the Petition from the Clerk of the Court.
YOU ARE FURTHER NOTIFIED that the Court has set the Petition for a hearing on May 14, 2024 at 4:30 p.m. in Courtroom 2 of the Archuleta County Courthouse, 109 Harman Park Drive, Pagosa Springs, CO 81147. You must appear before the Court at said time. If you fail to appear or file a response within thirty-five days after publication, the Court may enter a default adjudication and/or termination of your parental rights. You are required to be present at all hearings in this case, as your right to the care, custody, control and guardianship of the child will be determined. A continuance of a hearing may be granted for a reasonable period of time upon good cause shown to the Court. You are further notified that you are entitled to such other legal rights and privileges as more fully set forth below.
NOTICE-LEGAL RIGHTS AND PRIVELEGES
To the child and her parents, guardian, or other respondents named in this Summons:
A Petition concerning the above-named child has been filed in this Court. You may obtain a copy of the Petition by contacting the court clerk or the undersigned attorney. You are notified that:
1. The allegations in the verified Petition must be proven by a preponderance of the evidence.
2. You have the right to be represented by a lawyer or you may waive your right to a lawyer. If you wish to be represented by a lawyer, you should begin now to obtain a lawyer and notify the Court of your lawyer’s name and address. If the Court finds that you cannot afford a lawyer and you wish to be represented by a lawyer, the Court can appoint a lawyer for you.
3. You have a right to a trial by jury.
4. At the time of the hearing regarding the verified Petition, you have a right to question witnesses who appear at the hearing and to bring any witness and present other evidence on your behalf. If you request, the Court may order persons to be present as a witness.
5. Any admission you make to the verified Petition must be made voluntarily.
6. The Court has dispositional alternatives available if the Petition is sustained. These are set forth in section 19-3-508, C.R.S. 2023. If the Petition is admitted, the Court is not bound by any promises or representations made by anyone about dispositional alternatives selected by the Court.
7. Termination of the parent-child relationship is a possible remedy which is available if the verified Petition is sustained. If a motion to terminate the parent-child relationship is filed, the Court will set a hearing at which the allegations of the motion must be proven by clear and convincing evidence.
8. Any party to this case has the right to appeal any final decision made by the Court.
This summons is being initiated by the Archuleta County Department of Human Services through its counsel.
Dated: April 18, 2024
Published April 25, 2024 in The Pagosa Springs SUN. (233386)
