How to Fill Out and File Colorado Form JDF 828: Temporary Guardianship

Colorado Form JDF 828 is the proposed court order a judge signs to appoint a temporary guardian for a minor. It is not a standalone petition. To request a temporary guardianship, you prepare JDF 828 together with a petition (JDF 824) and a packet of supporting forms, then file everything in the district court of the county where the child lives. The filing fee is $229, the court sets a hearing, and if the judge finds an immediate need, the signed JDF 828 becomes the order giving you authority over the child for up to six months.¹

What JDF 828 Is and When You Use It

JDF 828 is titled Order Appointing Temporary Guardian – Minor. You fill in the identifying information, and the judge fills in the findings, checks the boxes that define the scope of your authority, and signs. Once signed, the clerk issues Letters of Temporary Guardianship, which are your proof of authority when dealing with schools, hospitals, insurers, and government agencies.²

Under C.R.S. § 15-14-204, any person interested in the welfare of a minor can petition for appointment of a guardian, and you must be at least 21 years old to serve.³ For a temporary appointment specifically, the court must find two things: an immediate need exists, and the appointment is in the child’s best interest. A standard (permanent) guardianship requires the court to first determine that parents are unable, unwilling, or have had their rights terminated. A temporary guardianship can be granted before those conditions are fully established.¹ “Immediate need” typically means the child’s health, safety, or basic welfare is at risk: a parent’s sudden hospitalization, incarceration, abandonment, or an unsafe living situation.

What to File With JDF 828

Temporary guardianship is a packet, not a single form. Missing any piece can delay your hearing. The Colorado Judicial Branch requires:³

JDF 824, Petition for Appointment of Guardian – Minor. The actual petition. You indicate on this form that you are requesting a temporary appointment and explain the immediate need.
JDF 828, Order Appointing Temporary Guardian – Minor. The proposed order covered in this article.
JDF 827, Order Appointing Guardian – Minor. Fill out only the top caption (court, county, case number). The court uses this if the case later converts to permanent guardianship.
JDF 830, Letters of Guardianship – Minor. Fill out only the caption. These letters become your proof of authority after the judge signs.
JDF 826, Consent or Nomination of Minor. Required if the child is at least 12 years old.
JDF 721, Irrevocable Power of Attorney. Required only if the proposed guardian lives outside Colorado.

All forms are on the Colorado Judicial Branch website under the guardianship-for-minors section. You can complete them electronically or by hand, then print for filing.

How to Fill Out JDF 828

You prepare JDF 828 in advance so the judge can sign it at the hearing. The fields you complete are factual; the judicial findings, scope checkboxes, expiration date, and signature stay blank for the court.²

Court and case caption. The district court or Denver Probate Court name, the county, and the case number. The clerk assigns the case number when you file, so you can leave it blank and add it after filing if needed.
Minor’s date of birth.
Your contact information. Full name, street address, mailing address if different, phone numbers, and email.
Indian Child Welfare Act section. The form has checkboxes about whether the court has reason to believe the child is an Indian Child under 25 U.S.C. § 1901. If ICWA applies, a separate ICWA order is required.
Interested persons table. List the names and relationships of interested parties, including the minor if 12 or older and each parent or nearest adult relative.
Scope of authority. Checkboxes for unrestricted authority or authority limited to specific areas. Leave these for the judge; the court decides scope at the hearing.
Expiration date. The judge fills in a date no more than six months from appointment.

The order also recites that Letters of Temporary Guardianship will be issued once signed. Double-check that every name, date, and address matches what appears on JDF 824. Inconsistencies between the petition and the proposed order are a common reason clerks send paperwork back.

Supporting Documents the Court Requires

Along with the forms, you must submit three documents so the court can evaluate whether you are a suitable guardian:³

A criminal history report from the Colorado Bureau of Investigation. Order it online at cbirecordscheck.com or at the CBI office at 690 Kipling Street, Denver, CO 80215. CBI charges a separate fee. A clean record still has to be filed.
A current credit report. You can pull a free copy from annualcreditreport.com or from one of the three major bureaus.
A copy of your driver’s license.

If you are a parent of the minor and already live with the child, the court may waive the criminal history and credit report requirements. Check with the clerk at the filing court. For everyone else, these documents are mandatory.

Where to File and the Fee

File the complete package at the district court in the county where the minor currently lives. The filing fee for a guardianship petition is $229.⁴

If you cannot afford the fee, file Form JDF 205, Motion to Waive Fees, at the same time. To qualify, your household income must be below 125 percent of the federal poverty line, or you must be enrolled in certain public benefits programs such as TANF or food stamps.⁵ A granted waiver covers the filing fee, reasonable copy fees, jury fees, and e-filing fees.⁶

Giving Notice Before the Hearing

Before the hearing, you must notify the parents and every interested person listed in the petition. C.R.S. § 15-14-113 requires notice to parents and to any minor who has reached 12 years of age.¹ In practice, you fill out Form JDF 806, Notice of Hearing to Interested Persons, then mail or hand-deliver a copy of both JDF 806 and the petition to each person entitled to notice. Service must happen at least 14 days before the hearing.³

After delivery, complete the Certificate of Service on JDF 806 and file it with the court. If you cannot locate a parent despite reasonable efforts, you may need to serve notice by publication using Forms JDF 714 and JDF 716. An interested person who does not object can sign a Waiver of Notice (JDF 719) instead of being formally served.

Because temporary cases involve urgency, you may ask the court to shorten or waive the 14-day notice period if waiting would put the child at risk. Explain in writing why the delay is dangerous: a parent is unreachable, the child needs immediate medical treatment, or notification could cause a parent to flee with the child. The judge has discretion, and the bar is high: the child’s safety must clearly outweigh the parent’s right to notice.

The Hearing

After filing, the clerk schedules a hearing. In emergency situations, this can happen within days. In less urgent cases, expect a short wait while the 14-day notice period runs. You must attend in person. If the minor cannot attend, you may need to file a separate motion asking the court to excuse the child’s appearance.

At the hearing, you present the facts in your petition and answer the judge’s questions. Bring supporting evidence: medical records showing the parent’s incapacity, police reports, school records showing absences, or statements from people familiar with the situation. The judge looks for concrete evidence of immediate need, not general worry.

If satisfied, the judge signs JDF 828 on the spot and the clerk issues Letters of Temporary Guardianship. Hospitals, schools, government agencies, and insurance companies will ask for those letters before recognizing your authority to act for the child.

After the Judge Signs

Once appointed, a temporary guardian has the authority of an unlimited guardian unless the order says otherwise. That includes consenting to medical treatment, enrolling the child in school, arranging housing, and accessing medical records under HIPAA.² If the judge limits your authority to specific areas, those restrictions appear on the signed order.

Several obligations attach immediately:

Within five days of appointment, send or deliver a copy of the signed order to every person who would have been entitled to notice of the hearing, including the minor if 12 or older.¹
Promptly tell the court if your address, email, or phone number changes, or if the child moves.²
Do not move the child’s home outside Colorado without a court order.

The temporary guardianship expires on the date the judge writes into the order, which cannot be more than six months from appointment.¹ If the child still needs a guardian after that date, you will need to pursue a standard guardianship through the full JDF 824 process, which involves more extensive notice and vetting. Courts commonly set a follow-up hearing before the expiration date to evaluate whether permanent guardianship or reunification with the parents is appropriate.

1
Justia Law. Colorado Revised Statutes Section 15-14-204
2
Colorado Judicial Branch. Order Appointing Temporary Guardian for Minor
3
Colorado Judicial Branch. Become the Guardian for a Minor
4
Colorado Judicial Branch. List of Fees
5
Colorado Judicial Branch. Fee Waivers
6
Colorado Judicial Branch. JDF 205 – Motion to Waive Fees