C.R.S. § 19-5-213.5 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-213.5
19-5-213.5. Unauthorized advertising for adoption purposes - exceptions - penalty - definiti
Status: in_force

19-5-213.5. Unauthorized advertising for adoption purposes - exceptions - penalty - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Advertise through a public medium" means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television or by computerized communication system, which includes an internet site, an internet profile, or any similar medium of communication provided via the internet. "Advertising through a public medium" does not include communicating through personal or work electronic mail, text, or telephone.

(b) "Another jurisdiction" means the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, an Indian tribe, or a state of the United States other than Colorado.

(c) "Child" means a person less than eighteen years of age.

(2) Except as described in subsection (3) of this section, it is unlawful to advertise through a public medium for one of the following purposes:

(a) To find a child to adopt or to otherwise take permanent physical custody of a child;

(b) To find an adoptive home or any other permanent physical placement for a child or to arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child; or

(c) To offer to place a child for adoption or in any other permanent physical placement with another person.

(3) Subsection (2) of this section does not apply to:

(a) An employee of the state department of human services, a county department of human or social services, or a child placement agency that is licensed pursuant to part 9 of article 6 of title 26 who is acting within the scope of the employee's employment to place a child for adoption or in foster care;

(b) An individual or agency that provides adoption information through the statewide adoption resource registry as provided in section 26-1-111 (4), C.R.S.;

(c) An adoption exchange whose membership includes county departments and licensed child placement agencies that provide information and referral services to find adoptive homes and to promote adoption;

(d) An individual who contacts and has entered into an agreement with or is actively working with any of the agencies or entities described in paragraph (a), (b), or (c) of this subsection (3) to place his or her child for adoption;

(e) A person who advertises fertility-related services;

(f) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the state department of human services, a county department of human or social services, or a child placement agency licensed in this state or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes; or

(g) An attorney who is licensed to practice in Colorado who advertises his or her availability to practice or provide services relating to the adoption of children.

(4) Unauthorized advertising of a child, as described in subsection (2) of this section, is a class 2 misdemeanor.
C.R.S. § 19-5.5-301 — CO Code / Title 19 / Article 5.5 / Part 3 / Section 19-5.5-301
19-5.5-301. Definitions
Status: in_force

19-5.5-301. Definitions. In this part 3, "prospective adoptive parent" means an individual who has been approved or permitted under other law of this state to adopt a child.
C.R.S. § 19-1-208 — CO Code / Title 19 / Article 1 / Part 2 / Section 19-1-208
19-1-208. Duties of CASA volunteer
Status: in_force

19-1-208. Duties of CASA volunteer. (1) Independent case investigation. Upon appointment in an action, a CASA volunteer may:

(a) Conduct an independent investigation regarding the best interests of the child that will provide factual information to the court regarding the child and the child's family. The investigation shall include interviews with and observations of the child, interviews with other appropriate individuals, and the review of relevant records and reports.

(b) Determine if an appropriate treatment plan, as described in section 19-1-103, has been created for the child, whether appropriate services are being provided to the child and family, and whether the treatment plan is progressing in a timely manner;

(c) Determine if additional services are necessary to ensure educational success for a child in a proceeding pursuant to the "School Attendance Law of 1963", part 1 of article 33 of title 22, C.R.S.

(2) Recommendations. Unless otherwise ordered by the court, the CASA volunteer, with the support and supervision of the CASA program staff, shall make recommendations consistent with the best interests of the child or youth regarding placement, family time, and appropriate services for the child or youth and family and shall prepare a written report to be distributed to the parties of the action.

(3) Reports. The CASA volunteer shall assure that the child's best interests are being advocated at every stage of the case and prepare written reports to be distributed to the parties of the action.

(4) Case monitoring. The CASA volunteer shall monitor the case to which he or she has been appointed to assure that the child's essential needs are being met and that the terms of the court's orders have been fulfilled in an appropriate and timely manner.

(5) Witness. The CASA volunteer may be called as a witness in an action by any party or the court and may request of the court the opportunity to appear as a witness.

(6) Foster youth in transition program. With the consent of the youth, a CASA volunteer may be appointed in a foster youth in transition program case filed pursuant to part 3 of article 7 of this title 19 and may support the youth in planning for the youth's future and accessing necessary services, supports, and assistance consistent with the youth's expressed interests and the program's goals. A CASA volunteer appointed to a youth in a foster youth in transition program case shall not make best interests recommendations to the court or others and must not have access to or share confidential information about the youth without the youth's express consent to access or share such information.
C.R.S. § 19-3-314 — CO Code / Title 19 / Article 3 / Part 3 / Section 19-3-314
19-3-314. Confidentiality of records
Status: repealed

19-3-314. Confidentiality of records. (Repealed)
C.R.S. § 19-2.5-1525 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1525
19-2.5-1525. Juveniles committed to department of human services - evaluation and placement
Status: in_force

19-2.5-1525. Juveniles committed to department of human services - evaluation and placement. (1) (a) Each juvenile committed to the custody of the department of human services shall be examined and evaluated by the department prior to institutional placement or other disposition.

(b) The evaluation and examination must be conducted at a detention facility and be completed within thirty-five days. The department of human services may, by rule, determine the extent and scope of the evaluation and examination. To the extent possible and relevant, the evidence, reports, examination, studies, and other materials utilized in a sentencing hearing conducted pursuant to section 19-2.5-1102 must also be utilized in evaluation and examination conducted pursuant to this section. This subsection (1)(b) does not apply to an examination and evaluation conducted pursuant to section 19-2.5-1532 (1).

(c) The examination and evaluation must include the use of an objective risk assessment that is based upon researched factors that correlate to a risk to the community. The results of the objective risk assessment must be used to help identify treatment services for the juvenile during the juvenile's commitment and period of parole supervision.

(2) The department of human services shall then place each juvenile in the appropriate state institution or facility as provided in section 19-2.5-1530 or 19-2.5-1519, as indicated by the examination and evaluation.

(3) (a) When the department of human services determines that a juvenile requires placement in a state facility for children with intellectual and developmental disabilities, as defined in article 10.5 of title 27, it shall initiate proceedings pursuant to article 10.5 of title 27 and notify the court.

(b) (I) When the department of human services determines that a juvenile may require treatment for a behavioral or mental health disorder, it shall conduct or have a mental health professional conduct a mental health hospital placement prescreening on the juvenile.

(II) If the mental health hospital placement prescreening report recommends that the juvenile be evaluated, the juvenile may be transferred to a mental health facility operated by the department of human services for evaluation.

(III) If the evaluation report states that the juvenile has a mental health disorder, as described in section 27-65-106, the department of human services shall initiate proceedings pursuant to article 65 of title 27 and notify the court.
C.R.S. § 19-3-902 — CO Code / Title 19 / Article 3 / Part 9 / Section 19-3-902
19-3-902. Definitions
Status: in_force

19-3-902. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "County department" means a county department of human or social services.

(2) "Parenting time" means any form of contact or engagement between parents, legal custodians, or guardians and children when children are placed in out-of-home care in a case brought pursuant to this article 3.

(3) "State department" means the state department of human services.

(4) "Steering committee" means the task force steering committee created in section 19-3-903.

(5) "Task force" means the task force on high-quality parenting time created in section 19-3-903.
C.R.S. § 19-2.5-703.5 — CO Code / Title 19 / Article 2.5 / Part 7 / Section 19-2.5-703.5
19-2.5-703.5. Waiver of privilege - exchange of information - admissibility of statements
Status: in_force

19-2.5-703.5. Waiver of privilege - exchange of information - admissibility of statements. (1) When the court determines that a juvenile is incompetent to proceed, any claim of confidentiality or privilege by the juvenile or the juvenile's parent or legal guardian is deemed waived within the case to allow the court and parties to determine issues related to the juvenile's competency, restoration, and any management plan developed by the court pursuant to section 19-2.5-704 (3). The district attorney, defense attorney, guardian ad litem, the department, any competency evaluators, any restoration treatment providers, and the court are granted access, without written consent of the juvenile or further order of the court, to:

(a) Competency evaluations and restoration evaluations, including all second evaluations;

(b) Information and documents related to competency evaluations that are created, obtained, reviewed, or relied on by a competency evaluator performing a court-ordered competency evaluation;

(c) Information and documents relating to competency restoration that are created, obtained, reviewed, or relied on by a competency provider performing court-ordered restoration services;

(d) The competency evaluator, for the purpose of discussing the competency evaluation; and

(e) The providers of court-ordered restoration services for the purpose of discussing such services.

(2) Upon a request by either party or the court for information described in subsection (1) of this section, the competency evaluator or restoration services provider shall provide the information to the party or court for use in preparing for a competency hearing, restoration progress review hearing, restoration to competency hearing, or hearing regarding a management plan pursuant to section 19-2.5-704 (3) and for use in any such hearing.

(3) A competency evaluator or restoration services provider assigned pursuant to a court order issued pursuant to this article 2.5 shall provide procedural information to the district attorney, defense attorney, guardian ad litem, the department, any competency evaluators, any restoration treatment providers, and the court concerning:

(a) The juvenile's location;

(b) The juvenile's hospital or facility admission status;

(c) The status of evaluation procedures;

(d) The status of restoration services procedures; and

(e) Any other procedural information relevant to the juvenile's competency, restoration, or management plan.

(4) Nothing in this section limits the court's ability to order, in addition to the information set forth in subsections (1) and (3) of this section, additional information be provided to the district attorney, defense attorney, guardian ad litem, the department, any competency evaluator, any restoration treatment provider, and the court, unless it is otherwise protected from disclosure by other law. Nothing in this section limits the information that is available with the written consent of the juvenile.

(5) The court shall order the parties to exchange the names, addresses, reports, and statements of each physician or psychologist who examined or treated the juvenile for competency.

(6) Evidence obtained during a competency evaluation or during competency restoration services that is related to the juvenile's competency or incompetency is only admissible to determine the juvenile's competency, incompetency, or to determine orders related to restoration, restoration services, or a management plan and is not admissible on the issues raised by a plea of not guilty.
C.R.S. § 19-1-304 — CO Code / Title 19 / Article 1 / Part 3 / Section 19-1-304
19-1-304. Juvenile delinquency records - division of youth services critical incident info
Status: in_force

19-1-304. Juvenile delinquency records - division of youth services critical incident information - definitions. (1) (a) Court records - open. Except as provided in subsection (1)(b.5) of this section, court records in juvenile delinquency proceedings or proceedings concerning a juvenile charged with the violation of any municipal ordinance except a traffic ordinance are open to inspection to the following persons without court order:

(I) The juvenile named in said record;

(II) The juvenile's parent, guardian, legal custodian, or attorney;

(III) Any attorney of record;

(IV) The juvenile's guardian ad litem or counsel for youth;

(V) The juvenile probation department and the adult probation department for purposes of a presentence investigation and the preparation of a presentence report as described in section 16-11-102 (1)(a), C.R.S.;

(VI) Any agency to which legal custody of the juvenile has been transferred;

(VII) Any law enforcement agency or police department in the state of Colorado;

(VII.5) The Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase;

(VIII) A court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;

(IX) Any attorney of record in a juvenile or domestic action in which the juvenile is named;

(X) The state department of human services;

(XI) Any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;

(XII) All members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);

(XIII) Any person or agency for research purposes, if all of the following conditions are met:

(A) The person or agency conducting the research is employed by the state of Colorado or is under contract with the state of Colorado and is authorized by the department of human services to conduct the research; except that the department of public safety is not required to obtain prior authorization from the department of human services for purposes of this subsection (1)(a)(XIII);

(B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed; and

(C) Any data released must only be in aggregate form;

(XIV) The victim and the complaining party, if different, identified in the court file;

(XV) The department of corrections for aid in determinations of recommended treatment, visitation approval, and supervised conditions;

(XVI) The principal, or the principal's designee, of a school in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee;

(XVII) The department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S.

(b) Court records - limited. With consent of the court, records of court proceedings in delinquency cases may be inspected by any other person having a legitimate interest in the proceedings.

(b.5) Arrest and criminal records - certain juveniles - public access - information limited. The public has access to information reporting the arrest or other formal filing of charges against a juvenile; the identity of the criminal justice agency taking such official action relative to an accused juvenile; the date and place that such official action was taken relative to an accused juvenile; the nature of the charges brought or the offenses alleged; and one or more dispositions relating to the charges brought against an accused juvenile, when this information:

(I) Is in the custody of the investigating law enforcement agency, the agency responsible for filing a petition against the juvenile, and the court; and

(II) Concerns a juvenile who:

(A) Is adjudicated a juvenile delinquent or is subject to a revocation of probation for committing the crime of possession of a handgun by a juvenile or for committing an act that would constitute a class 1, 2, 3, or 4 felony or would constitute any crime that involves the use or possession of a weapon if such act were committed by an adult; or

(B) Is charged with the commission of any act described in sub-subparagraph (A) of this subparagraph (II).

(b.7) The information that is open to the public pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with the commission of a delinquent act shall not include records of investigation as such records are described in section 24-72-305 (5). In addition, any psychological profile of any such juvenile, any intelligence test results for any such juvenile, or any information regarding whether such juvenile has been sexually abused is not open to the public unless released by an order of the court. The information that is open to the public pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with a delinquent act shall not include the juvenile's name, birth date, or photograph.

(b.8) The court shall report the final disposition concerning a juvenile who has been adjudicated a juvenile delinquent to the Colorado bureau of investigation in a form that is electronically consistent with applicable law. The report must be made within seventy-two hours after the final disposition; except that the time period shall not include Saturdays, Sundays, or legal holidays. The report must include the disposition of each charge and the court case number, and the Colorado bureau of investigation shall reflect any change of status but shall not delete or eliminate information concerning the original charge. Colorado bureau of investigation records regarding juvenile offenses are not open to the public.

(c) Probation records - limited access. Except as otherwise authorized by section 19-1-303, a juvenile probation officer's records, whether or not part of the court file, are not open to inspection except as provided in subsection (1)(c)(I) to (1)(c)(XI) of this section:

(I) To persons who have the consent of the court;

(II) To law enforcement officers, as defined in section 19-1-103 (93), and to fire investigators, as defined in section 19-1-103 (65). The inspection shall be limited to the following information:

(A) Basic identification information as defined in section 24-72-302 (2), C.R.S.;

(B) Details of the offense and delinquent acts charged;

(C) Restitution information;

(D) Juvenile record;

(E) Probation officer's assessment and recommendations;

(F) Conviction or plea and plea agreement, if any;

(G) Sentencing information; and

(H) Summary of behavior while the juvenile was in detention, if any;

(II.5) To the Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase. The inspection shall be limited to the information identified in sub-subparagraphs (A) to (H) of subparagraph (II) of this paragraph (c).

(III) To a court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;

(IV) To any attorney of record in a juvenile or domestic action in which the juvenile is named;

(V) To the state department of human services;

(VI) To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;

(VII) To all members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);

(VII.5) To the juvenile named in the record;

(VIII) To the juvenile's parent, guardian, legal custodian, or attorney;

(IX) To the juvenile's guardian ad litem or counsel for youth;

(X) To the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee; or

(XI) To the department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S.

(d) Social and clinical studies - closed - court authorization. Except as otherwise authorized by section 19-1-303, any social and clinical studies, including all formal evaluations of the juvenile completed by a professional, whether or not part of the court file or any other record, are not open to inspection, except:

(I) To the juvenile named in the record;

(II) To the juvenile's parent, guardian, legal custodian, or attorney; or

(III) By order of the court, upon a finding of a legitimate interest in and need to review the social and clinical studies.

(2) (a) Law enforcement records in general - closed. Except as otherwise provided by subsection (1)(b.5) of this section and otherwise authorized by section 19-1-303, the records of law enforcement officers concerning juveniles, including identifying information, must be identified as juvenile records and must not be inspected by or disclosed to the public, except:

(I) To the juvenile and the juvenile's parent, guardian, legal custodian, or attorney;

(II) To other law enforcement agencies and to fire investigators, as defined in section 19-1-103 (65), who have a legitimate need for such information;

(II.5) To the Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase;

(III) To the victim and the complaining party, if different, in each case after authorization by the district attorney or prosecuting attorney;

(IV) When the juvenile has escaped from an institution to which such juvenile has been committed;

(V) When the court orders that the juvenile be tried as an adult criminal;

(VI) When there has been an adult criminal conviction and a presentence investigation has been ordered by the court;

(VII) By order of the court;

(VIII) To a court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;

(IX) To any attorney of record in a juvenile or domestic action in which the juvenile is named;

(X) To the state department of human services;

(XI) To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;

(XII) To all members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);

(XIII) To the juvenile's guardian ad litem or counsel for youth;

(XIV) To any person or agency for research purposes, if all of the following conditions are met:

(A) The person or agency conducting such research is employed by the state of Colorado or is under contract with the state of Colorado and is authorized by the department of human services to conduct such research; except that the department of public safety does not need to obtain prior authorization from the department of human services for the purposes of this subsection (2)(a)(XIV)(A); and

(B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed;

(XV) To the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee;

(XVI) To assessment centers for children;

(XVII) To the department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the "Colorado Educator Licensing Act of 1991", article 60.5 of title 22, C.R.S.

(b) The fingerprints, photograph, name, address, and other identifying information regarding a juvenile may be transmitted to the Colorado bureau of investigation to assist in any apprehension or investigation and for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase.

(2.5) Parole records. Parole records are open to inspection by the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, by the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee. Parole records are also open to inspection by assessment centers for children and by the juvenile named in the record and the juvenile's parent, guardian, legal custodian, or attorney.

(3) Prior to adjudication, the defense counsel, the district attorney, the prosecuting attorney, or any other party to a pending delinquency petition with consent of the court must have access to records of any proceedings pursuant to this title 19, except as provided in section 19-1-309, which involve a juvenile against whom criminal or delinquency charges have been filed. No new criminal or delinquency charges against such juvenile may be brought based upon information gained initially or solely from such examination of records.

(4) For the purpose of making recommendations concerning sentencing after an adjudication of delinquency, the defense counsel and the district attorney or prosecuting attorney shall have access to records of any proceedings involving the adjudicated juvenile pursuant to this title, except as provided in sections 19-1-307, 19-1-308, and 19-1-309. No new criminal or delinquency charges against the adjudicated juvenile shall be brought based upon information gained initially or solely from such examination of records.

(5) Direct filings - arrest and criminal records open. Whenever a petition filed in juvenile court alleges that a juvenile between the ages of twelve to eighteen years has committed an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., or a crime of violence, as defined in section 18-1.3-406, C.R.S., if committed by an adult or whenever charges filed in district court allege that a juvenile has committed such an offense, then the arrest and criminal records information, as defined in section 24-72-302 (1), C.R.S., and including a juvenile's physical description, concerning such juvenile shall be made available to the public. The information is available only from the investigative law enforcement agency, the agency responsible for filing a petition, and the court, and shall not include records of investigation as such records are described in section 24-72-305 (5), C.R.S. Basic identification information, as defined in section 24-72-302 (2), C.R.S., along with the details of the alleged delinquent act or offense, shall be provided immediately to the school district in which the juvenile is enrolled. Such information shall be used by the board of education for purposes of section 22-33-105 (5), C.R.S., but information made available to the school district and not otherwise available to the public shall remain confidential.

(5.5) Whenever a petition is filed in juvenile court alleging a class 1, class 2, class 3, or class 4 felony; a level 1, level 2, or level 3 drug felony; an offense involving unlawful sexual behavior as defined in section 16-22-102; a crime of violence as described in section 18-1.3-406; a burglary offense as described in part 2 of article 4 of title 18; felony menacing, in violation of section 18-3-206; harassment, in violation of section 18-9-111; fourth degree arson, in violation of section 18-4-105; motor vehicle theft, in violation of section 18-4-409; hazing, in violation of section 18-9-124; or possession of a handgun by a juvenile, in violation of section 18-12-108.5, or when a petition is filed in juvenile court in which the alleged victim of the crime is a student or staff person in the same school as the juvenile or in which it is alleged that the juvenile possessed a deadly weapon during the commission of the alleged crime, the prosecuting attorney, within three working days after the petition is filed, shall make good faith reasonable efforts to notify the principal of the school in which the juvenile is enrolled and shall provide such principal with the arrest and criminal records information, as defined in section 24-72-302. In the event the prosecuting attorney, in good faith, is not able to either identify the school that the juvenile attends or contact the principal of the juvenile's school, then the prosecuting attorney shall contact the superintendent of the juvenile's school district.

(6) The department of human services shall release to the committing court, the prosecuting attorney, the Colorado bureau of investigation, and local law enforcement agencies basic identification information as defined in section 24-72-302 (2) concerning any juvenile released or released to parole supervision or any juvenile who escapes. This information is not open to the public.

(7) In addition to the persons who have access to court records pursuant to subsection (1)(a) of this section, statewide electronic read-only access to the name index and register of actions of the judicial department must be allowed to the following agencies or persons:

(a) County departments, as defined in section 19-1-103 (43), and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103 (42), as it relates to the attorneys' work representing the county;

(b) The office of the state public defender, created in section 21-1-101, C.R.S.;

(c) Guardians ad litem or counsel for youth under contract with the office of the child's representative, created in section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad litem or an attorney under contract or employed by the office of the child's representative, as it relates to a case in which they are appointed by the court;

(d) Attorneys under contract with the office of the alternate defense counsel, created in section 21-2-101, as it relates to a case in which they are appointed by the court;

(e) A respondent parent's counsel under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which they are appointed by the court; and

(f) A licensed attorney working with a nonprofit association providing free legal assistance as it relates to screening an applicant for eligibility for free services or to a case in which the organization has entered an appearance to provide free representation, if the office of the alternate defense counsel agrees to monitor the attorney's use of the electronic name index and register of actions.

(8) Division of youth services critical incident information. (a) For the purposes of this subsection (8), "critical incident" means any of the following:

(I) An intentional physical or sexual act of aggression that:

(A) Causes or attempts to cause serious bodily injury;

(B) Causes bodily injury that requires only first aid or lesser attention; or

(C) Causes no bodily injury;

(II) Unauthorized physical or sexual contact caused through recklessness or negligence, where physical or sexual harm was not intended; or

(III) An attempt to harm or gain power by blows or with weapons.

(b) The department of human services, the division of youth services, or any agency with relevant information shall release the following information related to any critical incident, or aggregate of critical incidents, that occurred in a facility operated by the division of youth services upon request so long as the disclosing agency, except as described in subsection (8)(b)(V) of this section, redacts any identifying information, any information concerning security procedures or protocols, and any information that would jeopardize the safety of the community, youths, or staff:

(I) The type of critical incident that occurred or a summary of types of critical incidents that have occurred within a given time frame;

(II) A summary of whether the number and types of critical incidents are increasing or decreasing in frequency and severity;

(III) On average, how many of the youth have been involved in multiple critical incidents and the average length of detainment;

(IV) A summary of responses to critical incidents by the facility involved, such as de-escalation or typical consequence imposed; and

(V) A summary of any critical incident that has occurred, which summary must include a summary of any use of force on a youth, including any physical-management techniques or restraints utilized and any seclusion of a youth. The division shall not redact the information other than to protect the personal identifying information of any individual.

(c) The division of youth services, the department of human services, or any agency with relevant information related to a critical incident shall provide redacted records related to the critical incident, provided confidentiality is maintained. The division may charge a fee in accordance with section 24-72-205.

(d) The division of youth services may release to the public information at any time to correct inaccurate information pertaining to the critical incident that was reported in the news media, so long as the release of information by the division protects the confidentiality of any youth involved; is not explicitly in conflict with federal law; is not contrary to the best interest of the child who is the subject of the report, or his or her siblings; is in the public's best interest; and is consistent with the federal "CAPTA Reauthorization Act of 2010", Pub.L. 111-320.

(e) Except as otherwise authorized by section 19-1-303, all records prepared or obtained by the department of human services in the course of carrying out its duties pursuant to article 2.5 of this title 19 are confidential and privileged.
C.R.S. § 19-3-602 — CO Code / Title 19 / Article 3 / Part 6 / Section 19-3-602
19-3-602. Motion for termination - separate hearing - right to counsel - no jury trial
Status: repealed

19-3-602. Motion for termination - separate hearing - right to counsel - no jury trial. (1) Termination of a parent-child legal relationship shall be considered only after the filing of a written motion alleging the factual grounds for termination, and termination of a parent-child legal relationship shall be considered at a separate hearing following an adjudication of a child as dependent or neglected. Such motion shall be filed at least thirty days before such hearing. In a county designated pursuant to section 19-1-123, if the child is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the court shall hear the motion for termination within one hundred twenty days after such motion is filed, and shall not grant a delay unless good cause is shown and unless the court finds that the best interests of the child will be served by granting a delay in accordance with the requirements of section 19-3-104.

(1.5) (a) Pursuant to the provisions of section 19-1-126, the motion for termination must:

(I) Include a statement indicating what continuing inquiries the county department of human or social services has made in determining whether the child who is the subject of the termination proceeding is an Indian child;

(I.5) Include a statement indicating that a grandparent, aunt, uncle, brother, or sister of the child must file a request for guardianship and legal custody of the child within twenty days of the filing of the motion;

(II) Identify whether the child is an Indian child; and

(III) Include the identity of the Indian child's tribe, if the child is identified as an Indian child.

(b) If notices were sent to the parent or Indian custodian of the child and to the Indian child's tribe, pursuant to section 19-1-126, the postal receipts, or copies thereof, shall be attached to the motion for termination and filed with the court or filed within ten days after the filing of the motion for termination, as specified in section 19-1-126 (1)(c).

(2) After a motion for termination of a parent-child legal relationship is filed pursuant to this part 6, the parent or parents shall be advised of the right to counsel if not already represented by counsel of record; and counsel shall be appointed in accordance with the provisions of section 19-1-105. The parent or parents shall also be advised that a grandparent, aunt, uncle, brother, or sister of the child must file a request for guardianship and legal custody of the child within twenty days of the filing of the motion. Advisement of right to counsel and the time for a relative to file a request may be done in open court or in a writing served as provided by law for motions and notices in a proceeding under section 19-1-104 (1)(b).

(3) Repealed.

(4) There shall be no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.
C.R.S. § 19-2.5-903 — CO Code / Title 19 / Article 2.5 / Part 9 / Section 19-2.5-903
19-2.5-903. Deferral of adjudication
Status: in_force

19-2.5-903. Deferral of adjudication. (1) Except as set forth in subsection (2) of this section, in any case in which the juvenile has agreed with the district attorney to enter a plea of guilty, the court, with the consent of the juvenile and the district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period not to exceed one year after the date of entry of the order deferring adjudication. The court may continue the case for an additional one-year period for good cause.

(2) In a case in which the juvenile has agreed with the district attorney to enter a plea of guilty, resulting in a conviction, as defined in section 16-22-102 (3), for unlawful sexual behavior, as defined in section 16-22-102 (9), the court, with the consent of the juvenile and district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period of time not to exceed two years after the date of the order deferring adjudication. Upon a showing of good cause, the court may continue the case for additional time, not to exceed five years after the date of the order deferring adjudication.

(3) A juvenile granted a deferral of adjudication pursuant to this section may be placed under the supervision of a probation department. The court may impose any conditions of supervision that it deems appropriate that are stipulated to by the juvenile and the district attorney.

(4) Upon full compliance with the conditions of supervision, the plea of the juvenile or the finding of guilt by the court must be withdrawn and the case dismissed with prejudice.

(5) The district attorney or a probation officer may make an application for entry of adjudication and imposition of sentence at any time within the term of the deferred adjudication or within thirty-five days thereafter.

(6) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to sentencing pursuant to section 19-2.5-1102. Lack of compliance is a matter to be determined by the court without a jury, upon written application of the district attorney or probation department. At least seven days' notice must be given to the juvenile and the juvenile's parents, guardian, or legal custodian. The burden of proof is the same as if the matter were being heard as a probation revocation proceeding.

(7) If the juvenile agrees to a deferral of adjudication, the juvenile waives all rights to a speedy trial and sentencing.
C.R.S. § 19-3-212 — CO Code / Title 19 / Article 3 / Part 2 / Section 19-3-212
19-3-212. Notice of rights and remedies for families
Status: in_force

19-3-212. Notice of rights and remedies for families. (1) The state department shall prepare, with the assistance of the attorney general, on a standardized written form, a detailed informational notice of rights and remedies for families subject to the provisions of this article.

(2) The notice prepared pursuant to subsection (1) of this section shall be supplied to all social service and law enforcement agencies in the state and shall be delivered to all parents and families from whom children are removed under court order or by law enforcement personnel, along with a copy of the court order directing removal of the child or children from the home. In addition to the notification on the court order, the informational notice shall contain a statement as to the cause of the removal of the child or children. The notice shall also contain disclosure of the availability of the conflict resolution process to persons who are the subject of any child abuse or neglect report and to the parents, Indian custodians, guardian, or legal custodian of a child who is the subject of any child abuse or neglect report. The standardized written notice form prepared pursuant to subsection (1) of this section shall also include a notification of rights of the parents, Indian custodians, guardians, or legal custodians of Indian children under the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq.

(3) The notice prepared pursuant to subsection (1) of this section shall be available for public inspection at a review and comment hearing prior to its adoption.
C.R.S. § 19-2.5-701 — CO Code / Title 19 / Article 2.5 / Part 7 / Section 19-2.5-701
19-2.5-701. Legislative declaration
Status: in_force

19-2.5-701. Legislative declaration. (1) The general assembly finds and declares that:

(a) The juvenile justice system is civil in nature and focused on rehabilitation rather than punishment;

(b) Juveniles differ in significant and substantive ways from adults; therefore, different standards for competency are necessary for juveniles and adults; and

(c) Notwithstanding the differences between adults and juveniles, age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.
C.R.S. § 19-7-101 — CO Code / Title 19 / Article 7 / Part 1 / Section 19-7-101
19-7-101. Rights of children and youth in foster care - written notice - reporting - legis
Status: in_force

19-7-101. Rights of children and youth in foster care - written notice - reporting - legislative declaration. (1) (a) The general assembly finds and declares that:

(I) Children and youth in foster care are temporarily or permanently separated from their parents and are the responsibility of the state of Colorado;

(II) These children and youth are in a unique situation that requires special safeguards, making it vital to establish rights for children and youth in foster care;

(III) The United States department of health and human services administration of children and families has stressed that every child and youth who is unable to live with the child's or youth's parents is entitled to a safe, loving, and affirming foster care placement, regardless of the child's or youth's sexual orientation, gender identity, or gender expression;

(IV) Approximately three thousand six hundred children or youth are currently in out-of-home foster placements in Colorado; and

(V) Children and youth in foster care, both in Colorado and nationwide, tend to have poorer outcomes than other children and youth, including:

(A) One-third of children or youth in foster care in Colorado who age out of foster care become homeless within three years;

(B) Children and youth in foster care in Colorado change schools an average of three-and-one-half times per year;

(C) Approximately thirty percent of youth in foster care in Colorado graduate from high school, compared to eighty-two percent of the general student population;

(D) In Colorado, youth in foster care have lower graduation rates than youth experiencing homelessness;

(E) Nationwide, more than half of children and youth in foster care receive a psychiatric or mental health diagnosis, compared to sixteen and sixty one-hundredths percent of income-eligible children and youth on medicaid;

(F) Nationwide, one out of four children and youth in foster care between the ages of six and seventeen are administered at least one psychotropic medication;

(G) Thirty percent of children and youth in foster care nationwide identify as LGBTQ+ , and these children and youth have an additional layer of trauma that accompanies being rejected or mistreated because of their sexual orientation, gender identity, or gender expression;

(H) Research shows that children and youth in foster care who identify as LGBTQ+ are more than twice as likely to report being treated poorly by the foster care system;

(I) Approximately ten percent of children and youth in foster care nationwide are entitled to social security benefits, either because their parent or parents have died or because they have a physical or intellectual disability; and

(J) Children and youth who are in foster care are at an increased risk of incarceration, with twenty-six percent of youth who are twenty-one years of age and who were formerly in foster care in Colorado having been incarcerated within the past two years, while youth who are twenty-one years of age and who are in the general population have approximately a seventeen percent likelihood of having been incarcerated in the past two years.

(b) Therefore, the general assembly declares that to protect the children and youth who are the responsibility of the state, a statutory bill of rights is established for these children and youth, along with a system to notify children and youth of their rights and a mechanism to enforce those rights. The statutory rights established in this section are not intended to limit or supersede the constitutional rights of parents, nor do they limit any other constitutional or statutory rights afforded to children and youth. This bill of rights is intended to improve the health, well-being, and safety of children and youth in foster care by defining the rights of children and youth in foster care, clarifying the authority of the courts to enforce these rights, and providing children and youth with notice of their rights.

(2) A child or youth in foster care or participating in the foster youth in transition program, created in part 3 of this article 7, but excluding a child or youth detained by or committed to the care and physical custody of the division of youth services in the department of human services, has the following rights:

(a) Fair and equal access, including:

(I) Freedom from discrimination or harassment on the basis of actual or perceived race or ancestry, ethnic group, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, marital status, familial status, source of income, military status, or HIV status;

(II) Freedom of thought, conscience, cultural and ethnic practice, and religion, including the right to attend or refuse to attend cultural, ethnic, and religious services and activities;

(III) Expression of the child's or youth's gender identity and to be referred to by the child's or youth's preferred name and gender pronouns;

(IV) Freedom from threats, punishment, or retaliation for asking questions, stating concerns, or making complaints about a violation of the rights and protections established in this article 7;

(V) Access to services, placement, and state and federal programs and services for which the child or youth is eligible;

(VI) Developmentally appropriate notification of any benefits for which the child or youth is eligible or receiving, including written notification of who is serving as representative payee, when applicable; and

(VII) If there is a representative payee who accepts payments for a child or youth, an accounting of the use of those payments when requested by the child or youth and on an annual basis;

(b) Appropriate placement and care, including:

(I) Appropriate adult guidance, support, and supervision in a safe, healthy, and comfortable environment in which the child or youth is treated with fairness, respect, and dignity;

(II) Consideration of the child's or youth's preference regarding the child's or youth's placement;

(III) Freedom from physical, sexual, emotional, or other abuse; corporal punishment; neglect; or any other form of inhumane treatment, such as exploitation or trafficking;

(IV) Placement in the least restrictive setting that is appropriate to the child's or youth's needs, and receipt of the services and supports necessary to maintain that placement;

(V) Freedom from abandonment or being locked in a room, building, or premises, or being subjected to isolation or other physical or medical restraint, unless otherwise authorized by statute;

(VI) Placement with a foster care provider who is aware of and understands the child's or youth's unique history as it relates to the child's or youth's care and who possesses the appropriate knowledge and skills to provide for the child's or youth's needs;

(VII) Application of the reasonable and prudent parent standard as required by federal law;

(VIII) Return to the custody of a parent or legal guardian, consistent with applicable legal standards and considering the preferences of the child or youth;

(IX) Timely court proceedings and determinations about the child's or youth's placement;

(X) Effective case management and planning that prioritizes the safe return of the child or youth to the child's or youth's parents, legal guardians, relatives, or kin, or moving the child or youth to other forms of permanent placement, if necessary;

(XI) A requirement that the representative payee for the child or youth, including the department of human services if it is acting as the representative payee, use any benefits the child or youth receives to meet the child's or youth's individual needs after the representative payee meets with the child or youth to ascertain the child's or youth's current and foreseeable needs; and

(XII) Timely notification to the social security administration to initiate the transfer of benefits from a representative payee when a child or youth who is receiving benefits leaves the custody of the department of human services;

(c) Access and communication, in a setting that provides privacy for in-person or other methods of contact, with professionals and other supports, including:

(I) Persons working on the child's or youth's behalf, including, but not limited to, caseworkers, the child's or youth's guardian ad litem or counsel for youth and their legal teams, mental health professionals, tribe, foster youth advocates and supporters, court-appointed special advocates, education rights holders, and probation officers. The child's or youth's contact with the child's or youth's guardian ad litem, counsel for youth, other attorneys, and members of the child's or youth's legal team must protect the applicable legal privileges and confidentiality.

(II) The child's or youth's guardian ad litem or counsel for youth, the child protection ombudsman, county departments of human or social services, or the department of human services regarding any questions, concerns, or violations of the rights and protections established in this article 7; and

(III) Connections to the child's or youth's community and supports, including communication and contact with people outside the foster care system who are important to the child or youth, unless otherwise limited by law or court order;

(d) Confidentiality and privacy, including:

(I) Confidentiality of all juvenile court records, consistent with existing law;

(II) Freedom from unreasonable searches, limitation of use, or taking of personal belongings or other unreasonable invasions of privacy; and

(III) Reasonable expectations of privacy to make and receive telephone calls and send and receive text messages, e-mail, and postal mail;

(e) Education, including:

(I) Receipt of a free and appropriate education, access to transportation to educational institutions, and an opportunity to participate in sports and extracurricular, cultural, personal enrichment, and social activities consistent with the child's or youth's age and developmental level, including access to computer technology and the internet as necessary for the child's or youth's education; and

(II) School stability that presumes the child or youth will remain in the school of origin, as defined in section 22-32-138, in which the child or youth is enrolled at the time of placement, unless remaining in that school is not in the child's or youth's best interests;

(f) Basic essentials, including:

(I) Adequate and gender- and culturally affirming food, clothing, hygiene products, and necessary hygiene services;

(II) Personal allowance or employment opportunities appropriate to the child's or youth's age and developmental level, including appropriate opportunities to experience the use and value of money by making purchases for items according to the child's or youth's choice; and

(III) Personal belongings, including wearing the child's or youth's own clothing, having a safe place to store personal belongings, and having personal belongings transported in appropriate luggage with the child or youth during or shortly after a change of placement. Personal belongings stored and transported after a change of placement must be maintained in the same or better condition.

(g) Health care, including:

(I) Adequate and appropriate medical, dental, vision, mental health, and substance use disorder services;

(II) Reproductive and sexual health care consistent with Colorado state law;

(III) Freedom from the administration of prescription medication or other chemical substances, unless authorized by a physician or, when necessary, court order, after an individualized assessment of the child or youth, including a consultation with the child or youth, and with the child's or youth's consent, consistent with Colorado state law;

(IV) Access to prescribed medications during a placement change or similar transition so the child or youth does not experience a disruption in the availability of necessary prescription medication; and

(V) Notification of the medications that were prescribed to the child or youth and the purpose for each medication for the child or youth;

(h) Participation in legal proceedings and case planning, including:

(I) Appointment of a guardian ad litem or counsel for youth pursuant to sections 19-3-203 and 19-7-308;

(II) Attending and fully participating in all hearings related to the child's or youth's case, including access to appropriate transportation for the child's or youth's court proceedings, and the opportunity to be heard separately when deemed necessary by the court pursuant to section 19-1-106 (5);

(III) At the child's or youth's request, allowing certain people to be present for the child's or youth's court proceedings that take place pursuant to section 19-1-106;

(IV) Consulting with the court regarding the child's or youth's permanency goals pursuant to section 19-3-702 (1)(a);

(V) As appropriate to a child's or youth's age and developmental level, being informed of and participating in the development of the child's or youth's case plan, consistent with state and federal law; and

(VI) As appropriate to the child's or youth's age and developmental level, participation in and accompaniment of supports to meetings about the child's or youth's court proceedings; and

(i) The necessities to be self-sufficient during the transition to adulthood, including:

(I) Consistent with the child's or youth's developmental level, assistance with establishing a bank account, including identifying institutions where a child or youth may open a bank account, obtaining documents necessary to open an account, learning how to spend a reasonable amount of money, and managing personal income. This subsection (2)(i)(I) does not create an obligation to fund the child's or youth's bank account if one is created.

(II) Having access to information regarding the work and educational options available to the child or youth, including, but not limited to, information regarding available financial aid and postsecondary education support consistent with state law;

(III) Being allowed to work and develop job skills, consistent with state law and the child's or youth's age and developmental level;

(IV) Obtaining or receiving a free annual credit report from the department of human services or a county department of human or social services and the additional credit-related and identity theft protections provided in section 19-7-102 if the child or youth is in the legal custody of a county department of human or social services and is fourteen years of age or older;

(V) When the youth is eighteen years of age or older and leaving foster care, being provided with the youth's birth certificate, social security card, immigration documents, health insurance information, medical records, education records, either a driver's license or a state-issued identification card, written information concerning the youth's family history and contact information for siblings, if appropriate, and proof of foster care pursuant to section 19-3-702 (4)(d);

(VI) Notifying a youth who is turning sixteen years of age of the youth's eligibility for the foster youth in transition program, created in part 3 of this article 7;

(VII) Assisting a youth in applying for benefits the youth is eligible for or currently receiving, to ensure that benefits continue once the youth turns eighteen years of age or transitions out of foster care, including redetermination for the purposes of social security benefits; and

(VIII) Driving instruction for youth fifteen years of age and older pursuant to section 26-5-115.

(3) The office of the child's representative shall develop a written notice of the rights enumerated in subsection (2) of this section. The office of the child's representative shall develop the notice with input from youth with lived experience. The notice must include contact information for:

(a) The child's or youth's appointed attorney;

(b) The office of the child protection ombudsman;

(c) The appropriate county department of human or social services; and

(d) The department of human services.

(4) The county department of human or social services shall provide each child or youth who is five years of age or older with the written notice developed pursuant to subsection (3) of this section at the time of the child's or youth's initial placement in foster care, at each placement change, and at least annually. The notice must be in the child's or youth's primary language.

(5) Certified and licensed foster placements for children and youth shall post the written notice on the premises in a place where children and youth have access. The department of human services shall ensure compliance with this section as part of its oversight process of certified and licensed homes for youth.

(6) Sua sponte or upon motion, a juvenile court may issue any orders to any party to ensure the child or youth is provided the rights enumerated in subsection (2) of this section.

(7) A juvenile court shall not limit or deny the rights enumerated in subsection (2) of this section unless the court finds by clear and convincing evidence that there are extraordinary circumstances and the limitation or denial is necessary for the safety of the child or youth in foster care. This subsection (7) is applicable to only the rights enumerated in this section and does not alter the hearing requirements or standards otherwise established in this title 19.

(8) The rights enumerated in subsection (2) of this section are a broad expression of the rights of children and youth residing in foster care and are not exhaustive of all rights set forth in the United States constitution and the Colorado constitution, federal and state statutes, and case law.

(9) The office of the child protection ombudsman shall include in its annual report the number of complaints received related to the rights enumerated in this section, including the rights being violated or youth being unaware of the rights.
C.R.S. § 19-1-120 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-120
19-1-120. Confidentiality of records - dependency and neglect
Status: repealed

19-1-120. Confidentiality of records - dependency and neglect. (Repealed)
C.R.S. § 19-2.5-1117 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1117
19-2.5-1117. Sentencing - commitment to the department of human services - definitions
Status: in_force

19-2.5-1117. Sentencing - commitment to the department of human services - definitions. (1) (a) Except as otherwise required in subsection (6) of this section and section 19-2.5-1127 for an aggravated juvenile offender, the court may commit a juvenile to the department of human services for a determinate period of up to two years if the juvenile is adjudicated for an offense that would constitute a felony or a misdemeanor if committed by an adult; except that, if the juvenile is younger than twelve years of age and is not adjudicated an aggravated juvenile offender, the court may commit the juvenile to the department of human services only if the juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if committed by an adult. If the court commits a justice-engaged student, as defined in section 22-108-102, to the department of human services for any offense that does not include a physical threat or bodily injury to another person, the court is encouraged to order that the commitment take place in a manner that allows the justice-engaged student to continue to attend school prior to commitment to avoid disruption of the justice-engaged student's academic progress and ability to achieve credits for a semester. When possible, the court may order commitment as follows:

(I) If the sentencing takes place in the fall semester, the justice-engaged student may remain in school to complete the fall semester and begin commitment at the beginning of the spring semester;

(II) If the sentencing takes place in the spring semester, the justice-engaged student may remain in school to complete the spring semester and begin commitment at the beginning of the summer semester; and

(III) If the sentencing takes place in the summer semester, the justice-engaged student may remain in school to complete the summer semester and begin commitment at the beginning of the fall semester.

(b) Any commitment to the department of human services pursuant to section 19-2.5-1127 or subsection (1)(a) of this section must be followed by a mandatory period of parole of six months, unless the period of parole is extended by the juvenile parole board pursuant to section 19-2.5-1203 (5).

(c) For purposes of this section:

(I) "Determinate period" is defined in section 19-2.5-102.

(II) "Period of parole" means the period between the parole period start date and the parole period end date as determined by the juvenile parole board. The period of parole applies to both mandatory six-month parole and extended parole pursuant to section 19-2.5-1203 (5). The period of parole continues unless the juvenile is deemed to be on escape status, parole has been suspended pursuant to section 19-2.5-1203, or the juvenile returns to commitment status pursuant to section 19-2.5-1206. In such circumstances, the period of parole stops until the juvenile has returned to parole status.

(d) Notwithstanding any other provision of this section, a local education provider retains the right to suspend or expel a justice-engaged student pursuant to sections 22-33-105 and 22-33-106.

(2) A juvenile committed to the department of human services may be placed in the Lookout Mountain school, the Mount View school, or any other training school or facility, or any other disposition may be made that the department may determine as provided by law.

(3) (a) When a juvenile is committed to the department of human services, the court shall transmit, with the commitment order, a copy of the petition, the order of adjudication, copies of the social study, any clinical or educational reports, and other information pertinent to the juvenile's care and treatment.

(b) The department of human services shall provide the court with any information concerning a juvenile committed to its care that the court at any time may require.

(4) (a) When a court commits a juvenile to the state department of human services pursuant to this article 2.5, the court shall make the following specific determinations:

(I) Whether placement of the juvenile outside the home would be in the juvenile's and community's best interest; and

(II) Whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home; whether it is reasonable that such efforts are not made because an emergency situation exists that requires the immediate removal of the juvenile from the home; or whether such efforts are not required because of circumstances described in section 19-1-115 (7).

(III) How to assist in the evaluation of the impact of Colorado's implementation of the federal "Family First Prevention Services Act" on the state's juvenile justice system and make a finding of whether the lack of available and appropriate congregate care placements is a contributing factor in committing a juvenile to the division of youth services.

(b) If a juvenile is making a transition from the legal custody of a county department of human or social services to commitment with the state department of human services, the court shall conduct a permanency hearing in combination with the sentencing hearing. The court shall consider multidisciplinary recommendations for sentencing and permanency planning. In conducting such a permanency hearing, the court shall make determinations pursuant to section 19-2.5-1116 (4)(a).

(5) (a) The department of human services shall designate receiving centers for juveniles committed to the department.

(b) If the department of human services makes a change in the designation of a receiving center, it shall notify the juvenile courts at least thirty-five days prior to the date that the change takes effect.

(6) (a) Pursuant to section 19-2.5-1103, commitment of a juvenile to the department of human services must be for a determinate period.

(b) (I) The juvenile court may commit any juvenile adjudicated as an aggravated juvenile offender pursuant to section 19-2.5-1127 for an offense other than an offense that would constitute a class 1 or class 2 felony if committed by an adult to the department of human services for a determinate period of up to five years.

(II) The juvenile court shall commit any juvenile adjudicated as an aggravated juvenile offender pursuant to section 19-2.5-1127 for an offense that would constitute a class 2 felony if committed by an adult to the department of human services for a determinate period of at least three but not more than five years.

(III) The juvenile court shall commit any juvenile adjudicated as an aggravated juvenile offender pursuant to section 19-2.5-1127 for an offense that would constitute a class 1 felony if committed by an adult to the department of human services for a determinate period of at least three but not more than seven years.

(c) The juvenile court may commit any juvenile who is not adjudicated an aggravated juvenile offender pursuant to section 19-2.5-1127 but who is adjudicated for an offense that would constitute a felony or a misdemeanor to the department of human services, and the determinate period of commitment must not exceed two years; except that, if the juvenile is ten or eleven years of age and is not adjudicated an aggravated juvenile offender pursuant to section 19-2.5-1127, the juvenile may be committed to the department of human services only if the juvenile is adjudicated for an offense that would constitute a class 1, class 2, or class 3 felony if committed by an adult.

(7) (a) On or before January 1, 2021, the department of human services, in consultation with the committee on juvenile justice reform established pursuant to section 24-33.5-2401, as it existed prior to its repeal in 2022, shall develop a length of stay matrix and establish criteria to guide the release of juveniles from a state facility that are based on:

(I) A juvenile's risk of reoffending, as determined by the results of a validated risk and needs assessment adopted pursuant to section 24-33.5-2402 (1)(a), as it existed prior to its repeal in 2022;

(II) The seriousness of the offense for which the juvenile was adjudicated delinquent;

(III) The juvenile's progress in meeting treatment goals; and

(IV) Other criteria as determined by the department.

(b) In making release and discharge decisions, the department of human services shall use the matrix and release criteria developed pursuant to this subsection (7).

(8) For all hearings and reviews concerning a juvenile who is committed to the department of human services, the entity conducting the hearing or review shall ensure that notice is provided to the juvenile and to any of the following persons with whom the juvenile is placed:

(a) Foster parents;

(b) Pre-adoptive parents; or

(c) Relatives.

(9) The department of human services may petition the committing court to extend the commitment for an additional period not to exceed two years. The petition must set forth the reasons why it would be in the best interest of the juvenile or the public to extend the commitment. Upon filing the petition, the court shall set a hearing to determine whether the petition should be granted or denied and shall notify all interested parties.
C.R.S. § 19-7-313 — CO Code / Title 19 / Article 7 / Part 3 / Section 19-7-313
19-7-313. Continuing jurisdiction
Status: in_force

19-7-313. Continuing jurisdiction. (1) The court has continuing jurisdiction over the participating youth until any of the following occurs:

(a) The participating youth moves the court, at any time, to withdraw the youth's participation in the transition program and to terminate the court's jurisdiction. The court shall hold an emancipation discharge hearing within thirty-five days after receipt of the participating youth's motion to review the participating youth's emancipation transition plan and advise the participating youth as provided in section 19-7-310.

(b) A county department moves the court at least ninety days prior to a participating youth's twenty-first birthday, or such greater age of foster care eligibility as required by federal law, to request an emancipation discharge hearing be held prior to the last day of the month in which the participating youth turns twenty-one years of age. The court shall hold an emancipation discharge hearing to review the participating youth's emancipation transition plan and advise the participating youth as provided in section 19-7-310.

(c) A county department moves the court to terminate a participating youth's voluntary services agreement and the court's jurisdiction because the participating youth no longer meets the eligibility requirements described in section 19-7-304 for the transition program. The county department shall include in the motion its efforts to reengage the participating youth, including:

(I) The provision of written notice to the participating youth in a clear and developmentally appropriate manner that informs the participating youth of the county department's intent to request that the court terminate the participating youth's voluntary services agreement with an explanation of the reasons; and

(II) Documentation of the county department's reasonable efforts to meet in person with the participating youth to explain the information in the written termination notice and to assist the participating youth in reestablishing eligibility if the participating youth wishes to continue to participate in the transition program.

(2) The court shall hold the emancipation discharge hearing pursuant to subsection (1)(c) of this section at least thirty-five days after receipt of the county department's motion to determine whether the participating youth still meets the eligibility requirements for the transition program, including substantially fulfilling the participating youth's obligations set forth in the participating youth's voluntary services agreement. If the participating youth no longer meets the requirements of the transition program and the county department has made reasonable but unsuccessful efforts to reengage the participating youth, then the court shall hold an emancipation discharge hearing to review the participating youth's emancipation transition plan and advise the participating youth as provided in section 19-7-310. The court may accomplish all of these elements in the same emancipation discharge hearing if all of the necessary information has been filed in a timely fashion.
C.R.S. § 19-4-103 — CO Code / Title 19 / Article 4 / Section 19-4-103
19-4-103. Relationship not dependent on marriage
Status: in_force

19-4-103. Relationship not dependent on marriage. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
C.R.S. § 19-5-105.7 — CO Code / Title 19 / Article 5 / Part 1 / Section 19-5-105.7
19-5-105.7. Termination of parent-child legal relationship in a case of an allegation that a
Status: in_force

19-5-105.7. Termination of parent-child legal relationship in a case of an allegation that a child was conceived as a result of sexual assault but in which no conviction occurred - legislative declaration - definitions. (1) The general assembly hereby declares that the purpose of this statute is to protect a person in a case where it is determined that he or she is a victim of sexual assault but in which no conviction occurred and to protect a child conceived as a result of that sexual assault by creating a process to seek termination of the parental rights of the perpetrator of the sexual assault and by issuing protective orders preventing future contact between the parties. The general assembly further declares that this section creates civil remedies and is not created to punish the perpetrator but rather to protect the interests of the petitioner and the child. The general assembly creates this section to address the procedures in cases where there are allegations of sexual assault but in which a conviction did not occur.

(2) As used in this section, unless the context otherwise requires:

(a) "Conviction" has the same meaning as defined in section 19-1-103.

(b) "Petitioner" means a person who alleges that he or she is a victim of sexual assault and who files a petition for termination of the parent-child legal relationship of the other parent as provided in this section.

(c) "Respondent" means a person against whom a petition for termination of the parent-child legal relationship is filed as provided in this section.

(d) "Sexual assault" has the same meaning as defined in section 19-1-103.

(3) The person who alleges that he or she is a victim of sexual assault and who alleges that a child was conceived as a result of a sexual assault in which a conviction did not occur may file a petition in the juvenile court to prevent future contact with the parent who allegedly committed the sexual assault and to terminate the parent-child legal relationship of the parent who allegedly committed the sexual assault.

(4) The verified petition filed under this section must allege that:

(a) The respondent committed an act of sexual assault against the petitioner;

(b) The respondent has not been convicted for the act of sexual assault;

(c) A child was conceived as a result of the act of sexual assault as described under paragraph (a) of this subsection (4); and

(d) Termination of the parent-child legal relationship of the respondent with the child is in the best interests of the child.

(5) (a) After a petition has been filed pursuant to this section, the court shall issue a summons that recites briefly the substance of the petition and contains a statement that the purpose of the proceeding is to determine whether to terminate the parent-child legal relationship of the respondent. The petitioner shall have the respondent personally served with a copy of the summons or notified through notice by publication consistent with the statutory provisions for notice in section 19-3-503 and pursuant to the Colorado rules of civil procedure, unless the respondent appears voluntarily or waives service. Upon request, the court shall protect the whereabouts of the petitioner and must identify the petitioner and the child in the summons by initials.

(b) The court will work to ensure that a petitioner or a respondent who has a disability has equal access to participate in the proceeding. If the petitioner or respondent has a disability, he or she has the right to request reasonable accommodations in order to participate in the proceeding; except that the disability of the petitioner, the respondent, or the child must not be the cause for the unnecessary delay of the process. The court shall presume that a petitioner or a respondent with a disability is legally competent and able to understand and participate in the proceeding unless the petitioner or respondent is determined to be an incapacitated person, as defined in section 15-14-102 (5), C.R.S.

(6) After a petition has been filed pursuant to this section, the court shall appoint a guardian ad litem, who must be an attorney, to represent the child's best interests in the proceeding; except that, if at any time the court determines that a guardian ad litem for the child is no longer necessary, the court may discharge the guardian ad litem. The petitioner and the respondent have the right to be represented by legal counsel in proceedings under this section. The petitioner and the respondent each have the right to seek the appointment of legal counsel if he or she is unable financially to secure legal counsel on his or her own. The court shall waive filing fees for an indigent petitioner.

(7) In any proceeding held under this section, the court may grant protective measures in the courtroom as requested by the petitioner, including but not limited to allowing the petitioner to not appear in the presence of the respondent so long as these measures do not violate due process. The petitioner's and the child's whereabouts must be kept confidential.

(8) A respondent may admit parentage or may request genetic testing or other tests of inherited characteristics to confirm paternity. The test results must be admitted into evidence as provided in section 13-25-126, C.R.S. The final costs for genetic tests or other tests of inherited characteristics must be assessed against the nonprevailing party on the parentage issue.

(9) If the parties consent, the court has continuing jurisdiction and authority in the same proceeding to enter an order of relinquishment pursuant to part 1 of article 5 of this title without a finding or admission of the elements required by subsection (11) of this section. As part of the agreement, the respondent must agree in writing to waive the right to access the original birth certificate or other relinquishment documents as permitted by law under article 5 of this title or pursuant to the rules of the state department of human services. The waiver must be filed with the court that issues the order of relinquishment and with the state registrar of vital statistics.

(10) The court shall hear a petition to terminate the parent-child legal relationship no more than one hundred twenty days after service of the petition or from the first appearance date, whichever is later, unless both parties consent to an extension or the court finds good cause to extend the hearing beyond one hundred twenty days.

(11) (a) The court shall terminate the parent-child legal relationship of the respondent if the court finds by clear and convincing evidence that:

(I) A sexual assault against the petitioner occurred;

(II) The sexual assault was perpetrated by the respondent;

(III) A child was conceived as a result of that act of sexual assault as evidenced by the respondent admitting parentage or genetic testing establishing the paternity;

(IV) Termination of the parent-child legal relationship is in the best interests of the child. The court shall not presume that having only one remaining parent is contrary to the child's best interests.

(b) If the child is an Indian child, the court shall ensure compliance with the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and the provisions of section 19-1-126.

(12) If the court denies the petition to terminate the parent-child legal relationship, the court shall articulate its reasons for the denial of the petition. If the court denies the petition, the court has continuing jurisdiction and authority to enter an order in the same proceeding allocating parental responsibilities between the petitioner and the respondent, including but not limited to an order to not allocate parental responsibilities to the respondent. In issuing any order allocating parental responsibilities, including the duty of support, guardianship, and parenting time privileges with the child or any other matter, the court shall determine whether the order is in the best interests of the child based on a preponderance of the evidence.

(13) (a) A respondent whose parental rights are terminated in accordance with this section has:

(I) No right to allocation of parental responsibilities, including parenting time and decision-making responsibilities for the child;

(II) No right of inheritance from the child; and

(III) No right to notification of, or standing to object to, the adoption of the child.

(b) Notwithstanding the provisions of section 19-3-608, termination of parental rights under subsection (10) of this section does not relieve the respondent of any obligation to pay child support or birth-related costs unless waived by the petitioner. In cases in which child support obligations are not waived, the court, as informed by the wishes of the petitioner, shall determine if entering an order to pay child support is in the best interests of the child. If the court orders the respondent to pay child support, the court shall order the payments to be made through the child support registry to avoid the need for any contact between the parties and order that the payments be treated as a nondisclosure of information case. If the petitioner's parent-child legal relationship to the child is terminated after the entry of a child support order against the respondent, the court shall modify the child support order accordingly.

(14) A respondent whose parent-child legal relationship has been terminated in accordance with this section has no right to make medical treatment decisions or any other decisions on behalf of the child.

(15) The court may order a respondent whose parent-child legal relationship has been terminated to provide medical and family information to be shared with the child, as appropriate, and with the petitioner. The sharing of information must be consistent with the uniform process established by the state court administrator as provided in section 19-5-105.5 (9.5). The court may order that a respondent's failure to comply with the request for information in a timely manner constitutes contempt of court.

(16) The juvenile court has original concurrent jurisdiction to issue a temporary or permanent civil protection order pursuant to section 13-14-104.5 or 13-14-106, C.R.S.

(17) Termination of the parent-child legal relationship pursuant to subsection (10) of this section is an independent basis for termination of parental rights, and the court need not make any of the considerations or findings described in section 19-3-604, 19-5-103.5, or 19-5-105.

(18) Nothing in this section prohibits the termination of parental rights by the court using the criteria described in section 19-3-604, 19-5-103.5, or 19-5-105.
C.R.S. § 19-3-604 — CO Code / Title 19 / Article 3 / Part 6 / Section 19-3-604
19-3-604. Criteria for termination
Status: repealed

19-3-604. Criteria for termination. (1) The court may order a termination of the parent-child legal relationship upon the finding by clear and convincing evidence of any one of the following:

(a) That the child has been adjudicated dependent or neglected and has been abandoned by the child's parent or parents as follows:

(I) That the parent or parents have surrendered physical custody of the child for a period of six months or more and have not manifested during such period the firm intention to resume physical custody of the child or to make permanent legal arrangements for the care of the child except in cases when voluntary placement is renewable under section 19-1-115 (8)(a);

(II) That the identity of the parent of the child is unknown and has been unknown for three months or more and that reasonable efforts to identify and locate the parent in accordance with section 19-3-603 have failed;

(b) That the child is adjudicated dependent or neglected and the court finds that an appropriate treatment plan cannot be devised to address the unfitness of the parent or parents. In making such a determination, the court shall find one of the following as the basis for unfitness:

(I) An emotional illness, a behavioral or mental health disorder, or an intellectual and developmental disability of the parent of such duration or nature as to render the parent unlikely within a reasonable time to care for the ongoing physical, mental, and emotional needs and conditions of the child. The court shall make findings that the provision of reasonable accommodations and modifications pursuant to the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations, will not remediate the impact of the parent's disability on the health or welfare of the child.

(II) A single incident resulting in serious bodily injury or disfigurement of the child;

(III) Repealed.

(IV) Serious bodily injury or death of a sibling due to proven parental abuse or neglect;

(V) An identifiable pattern of habitual abuse to which the child or another child has been subjected and, as a result of which, a court has adjudicated another child as neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has determined that such abuse has caused the death of another child;

(VI) An identifiable pattern of sexual abuse of the child; or

(VII) The torture of or extreme cruelty to the child, a sibling of the child, or another child of either parent;

(c) That the child or youth is adjudicated dependent or neglected and all of the following exist:

(I) That an appropriate treatment plan approved by the court has not been reasonably complied with by the parent or parents or has not been successful or that the court has previously found, pursuant to section 19-3-508 (1)(e), that an appropriate treatment plan could not be devised. In a county designated pursuant to section 19-1-123, if a child or youth is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the court shall not find that a parent is or parents are in reasonable compliance with or to have been successful at a court-approved treatment plan when:

(A) The parent has not attended family time with the child or youth as set forth in the treatment plan, unless good cause can be shown for failing to attend; or

(B) The parent exhibits the same problems addressed in the treatment plan without adequate improvement, including but not limited to improvement in the relationship with the child, and is unable or unwilling to provide nurturing and safe parenting sufficiently adequate to meet the child's physical, emotional, and mental health needs and conditions despite earlier intervention and treatment for the family. The court may receive testimony regarding the family's progress under the treatment plan from the child's physician or therapist, foster parent, educational or religious teachers, CASA volunteer, or caseworker.

(II) That the parent is unfit; and

(III) That the conduct or condition of the parent or parents is unlikely to change within a reasonable time.

(2) In determining unfitness, conduct, or condition for purposes of paragraph (c) of subsection (1) of this section, the court shall find that continuation of the legal relationship between parent and child is likely to result in grave risk of death or serious bodily injury to the child or that the conduct or condition of the parent or parents renders the parent or parents unable or unwilling to give the child reasonable parental care to include, at a minimum, nurturing and safe parenting sufficiently adequate to meet the child's physical, emotional, and mental health needs and conditions. In making such determinations, the court shall consider, but not be limited to, the following:

(a) Any one of the bases for a finding of parental unfitness set forth in paragraph (b) of subsection (1) of this section;

(b) Conduct towards the child of a physically or sexually abusive nature;

(c) History of violent behavior;

(d) A single incident of life-threatening or serious bodily injury or disfigurement of the child;

(e) Excessive use of intoxicating liquors or controlled substances, as defined in section 18-18-102 (5), C.R.S., which affects the ability to care and provide for the child;

(f) Neglect of the child;

(g) Injury or death of a sibling due to proven parental abuse or neglect, murder, voluntary manslaughter, or circumstances in which a parent aided, abetted, or attempted the commission of or conspired or solicited to commit murder of a child's sibling;

(h) Reasonable efforts by child-caring agencies which have been unable to rehabilitate the parent or parents;

(i) That any parent who is a named respondent in the termination proceeding has had prior involvement with the department of human services concerning an incident of abuse or neglect involving the child and a subsequent incident of abuse or neglect occurs;

(j) Whether a parent committed felony assault that resulted in serious bodily injury to the child or to another child of the parent;

(k) That the child has been in foster care under the responsibility of the county department for fifteen of the most recent twenty-two months, unless:

(I) The child is placed with a relative of the child;

(II) The county department or a state agency has documented in the case plan, which shall be available for court review, that filing such a motion would not be in the best interests of the child;

(III) Where required to make reasonable efforts, services identified as necessary for the safe return of the child to the child's home have not been provided to the family consistent with the time period in the case plan; or

(IV) The child has been in foster care under the responsibility of the county department for such period of time due to circumstances beyond the control of the parent such as incarceration of the parent for a reasonable period of time, court delays or continuances that are not attributable to the parent, or such other reasonable circumstances that the court finds are beyond the control of the parent;

(l) Whether, on two or more occasions, a child in the physical custody of the parent has been adjudicated dependent or neglected in a proceeding under this article or comparable proceedings under the laws of another state or the federal government;

(m) Whether, on one or more prior occasions, a parent has had his or her parent-child legal relationship terminated pursuant to this article or section 19-5-105 or comparable proceedings under the laws of another state or the federal government.

(3) In considering the termination of the parent-child legal relationship, the court shall give primary consideration to the physical, mental, and emotional conditions and needs of the child. The court shall review and order, if necessary, an evaluation of the child's physical, mental, and emotional conditions. For the purpose of determining termination of the parent-child legal relationship, written reports and other materials relating to the child's mental, physical, and social history may be received and considered by the court along with other evidence; but the court, if so requested by the child, his parent or guardian, or any other interested party, shall require that the person who wrote the report or prepared the material appear as a witness and be subject to both direct and cross-examination. In the absence of such request, the court may order the person who prepared the report or other material to appear if it finds that the interest of the child so requires.
C.R.S. § 19-3-215 — CO Code / Title 19 / Article 3 / Part 2 / Section 19-3-215
19-3-215. Foster care - capacity may be exceeded for sibling groups
Status: in_force

19-3-215. Foster care - capacity may be exceeded for sibling groups. The state board of human services shall promulgate rules that allow foster care homes to exceed capacity for the number of children and for square footage requirements in order to accommodate the joint placement of sibling groups in a single foster care home.
C.R.S. § 19-2.5-1516 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1516
19-2.5-1516. Juvenile detention facilities - behavioral or mental health disorder screening
Status: in_force

19-2.5-1516. Juvenile detention facilities - behavioral or mental health disorder screening. (1) The executive director of the department of human services may implement a behavioral or mental health disorder screening program to screen juveniles held in juvenile detention facilities following adjudication. If the executive director chooses to implement a behavioral or mental health disorder screening program, the executive director shall use the standardized behavioral or mental health disorder screening developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to said section.

(2) Prior to implementation of a behavioral or mental health disorder screening program pursuant to this section, if implementation of the program would require an increase in appropriations, the executive director shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health disorder screening program. If implementation of the behavioral or mental health disorder screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request.
C.R.S. § 19-5-105 — CO Code / Title 19 / Article 5 / Part 1 / Section 19-5-105
19-5-105. Proceeding to terminate parent-child legal relationship
Status: in_force

19-5-105. Proceeding to terminate parent-child legal relationship. (1) If one parent relinquishes or proposes to relinquish or consents to the adoption of a child, the agency or person having custody of the child shall file a petition in the juvenile court to terminate the parent-child legal relationship of the other parent, unless the other parent's relationship to the child has been previously terminated or determined by a court not to exist. This section applies whether or not the other parent is a presumed parent pursuant to section 19-4-105 (1).

(2) In an effort to identify the other birth parent, the court shall cause inquiry to be made of the known parent and any other appropriate person. The inquiry shall include the following: Whether the mother was married at the time of conception of the child or at any time thereafter; whether the mother was cohabiting with a man at the time of conception or birth of the child; whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy; or whether any man has formally or informally acknowledged or declared his possible paternity of the child.

(3) If, after the inquiry, the other birth parent is identified to the satisfaction of the court or if more than one person is identified as a possible parent, each shall be given notice of the proceeding in accordance with subsection (5) of this section, including notice of the person's right to waive his or her right to appear and contest. If any of them waives his or her right to appear and contest or fails to appear or, if appearing, cannot personally assume legal and physical custody, taking into account the child's age, needs, and individual circumstances, such person's parent-child legal relationship with reference to the child shall be terminated. If the other birth parent or a person representing himself or herself to be the other birth parent appears and demonstrates the desire and ability to personally assume legal and physical custody of the child, taking into account the child's age, needs, and individual circumstances, the court shall proceed to determine parentage under article 4 of this title. If the court determines that the person is the other birth parent, the court shall set a hearing, as expeditiously as possible, to determine whether the interests of the child or of the community require that the other parent's rights be terminated or, if they are not terminated, to determine whether:

(a) To award custody to the other birth parent or to the physical custodian of the child; or

(b) To direct that a dependency and neglect action be filed pursuant to part 5 of article 3 of this title with appropriate orders for the protection of the child during the pendency of the action.

(3.1) The court may order the termination of the other birth parent's parental rights upon a finding that termination is in the best interests of the child and that there is clear and convincing evidence of one or more of the following:

(a) That the parent is unfit. In considering the fitness of the child's parent, the court shall consider the following:

(I) An emotional illness, a behavioral or mental health disorder, or an intellectual and developmental disability of the parent of such duration or nature as to render the parent unlikely, within a reasonable period of time, to care for the ongoing physical, mental, and emotional needs of the child;

(II) A single incident of life-threatening or serious bodily injury or disfigurement of the child or other children;

(III) Conduct toward the child or other children of a physically or sexually abusive nature;

(IV) A history of violent behavior that demonstrates that the individual is unfit to maintain a parent-child relationship with the minor, which may include an incidence of sexual assault, as defined in section 19-1-103, that resulted in the conception of the child;

(V) Excessive use of intoxicating liquors or use of controlled substances, as defined in section 18-18-102 (5), C.R.S., that affects the ability of the individual to care and provide for the child;

(VI) Neglect of the child or other children;

(VII) Injury or death of a sibling or other children due to proven abuse or neglect by such parent;

(VIII) Whether, on two or more occasions, a child in the physical custody of the parent has been adjudicated dependent or neglected in a proceeding under article 3 of this title or comparable proceedings under the laws of another state or the federal government;

(IX) Whether, on one or more prior occasions, a parent has had his or her parent-child legal relationship terminated pursuant to this section or article 3 of this title or comparable proceedings under the laws of another state or the federal government.

(b) That the parent has not established a substantial, positive relationship with the child. The court shall consider, but shall not be limited to, the following in determining whether the parent has established a substantial, positive relationship with the child:

(I) Whether the parent has maintained regular and meaningful contact with the child;

(II) Whether the parent has openly lived with the child for at least one hundred eighty days within the year preceding the filing of the relinquishment petition or, if the child is less than one year old at the time of the filing of the relinquishment petition, for at least one-half of the child's life; and

(III) Whether the parent has openly held out the child as his or her own child.

(c) That the parent has not promptly taken substantial parental responsibility for the child. In making this determination the court shall consider, but shall not be limited to, the following:

(I) Whether the parent who is the subject of the petition is served with notice and fails to file an answer within thirty-five days after service of the notice and petition to terminate the parent-child legal relationship, or within twenty-one days if the petition for termination was filed pursuant to section 19-5-103.5, or fails to file a paternity action, pursuant to article 4 of this title, within thirty-five days after the birth of the child or within thirty-five days after receiving notice that he is the father or likely father of the child, or, for those petitions filed pursuant to section 19-5-103.5, within twenty-one days after the birth of the child or after receiving notice that he is the father or likely father of the child;

(II) Whether the parent has failed to pay regular and reasonable support for the care of the child, according to that parent's means; and

(III) Whether the birth father has failed to substantially assist the mother in the payment of the medical, hospital, and nursing expenses, according to that parent's means, incurred in connection with the pregnancy and birth of the child.

(3.2) In considering the termination of a parent's parental rights, the court shall give paramount consideration to the physical, mental, and emotional conditions and needs of the child. Such consideration shall specifically include whether the child has formed a strong, positive bond with the child's physical custodian, the time period that the bond has existed, and whether removal of the child from the physical custodian would likely cause significant psychological harm to the child.

(3.3) If the child is under one year of age at the time that the relinquishment petition is filed, there is an affirmative defense to any allegations under subparagraph (VI) of paragraph (a), paragraph (b), and paragraph (c) of subsection (3.1) of this section that the parent's neglect, failure to establish a substantial relationship, or failure to take substantial responsibility for the child was due to impediments created by the other parent or person having custody. A parent shall demonstrate such impediments created by the other parent or person having custody by a preponderance of the evidence.

(3.4) (a) If the court determines not to terminate the nonrelinquishing parent's parental rights nor to direct that a dependency and neglect action be filed, the court shall proceed to determine custody of the child, parenting time with the child, duty of support, and recovery of child support debt.

(b) The court shall determine custody based upon the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child.

(c) If the child or youth has been out of the birth parents' care for more than one year, irrespective of incidental communications from the relinquishing or nonrelinquishing parent, there is a rebuttable presumption that the best interests of the child or youth will be served by granting custody to the person in whose care the child or youth has been for that period. Such presumption may be overcome by a preponderance of the evidence.

(3.5) Notwithstanding subsection (3.4) of this section, the court shall grant custody of the child to the nonrelinquishing birth parent if the court finds that the birth parent has the ability and the desire to assume personally legal and physical custody of the child promptly and that all of the following exists:

(a) The nonrelinquishing parent has established a substantial, positive relationship with the child;

(b) The nonrelinquishing parent has promptly taken substantial parental responsibility for the child; and

(c) The award of custody to the nonrelinquishing parent is in the best interests of the child.

(3.6) Except for a parent whose parental rights have been relinquished pursuant to section 19-5-104, a person who has or did have the child in his or her care has the right to intervene as an interested party and to present evidence to the court regarding the nonrelinquishing parent's contact, communication, and relationship with the child. If custody is at issue pursuant to subsection (3.4) of this section, such person also has the right to present evidence regarding the best interests of the child and his or her own suitability as a placement for the child.

(4) If, after the inquiry, the court is unable to identify the other birth parent or any other possible birth parent and no person has appeared claiming to be the other birth parent and claiming custodial rights, the court shall enter an order terminating the unknown birth parent's parent-child legal relationship with reference to the child. Subject to the disposition of an appeal upon the expiration of thirty-five days after an order terminating a parent-child legal relationship is issued under subsection (3) of this section or this subsection (4), the order cannot be questioned by any person, in any manner, or upon any ground, except fraud upon the court or fraud upon a party. Upon an allegation of fraud, the termination order cannot be questioned by any person, in any manner or upon any ground, after the expiration of ninety-one days from the date that the order was entered.

(5) Notice of the proceeding shall be given to every person identified as the other birth parent or a possible birth parent in the manner appropriate under the Colorado rules of juvenile procedure for the service of process or in any manner the court directs. The notice shall inform the parent or alleged parent whose rights are to be determined that failure to file an answer or to appear within thirty-five days after service and, in the case of an alleged father, failure to file a claim of paternity under article 4 of this title within thirty-five days after service, if a claim has not previously been filed, may likely result in termination of the parent's or the alleged parent's parental rights to the minor. The notice also shall inform the parent or alleged parent whose rights are to be determined that such person has the right to waive his or her right to appear and contest and that failure to appear and contest may likely result in termination of the parent's or the alleged parent's parental rights to the minor. Proof of giving the notice shall be filed with the court before the petition is heard. If no person has been identified as the birth parent, the court shall order that notice be provided to all possible parents by publication or public posting of the notice at times and in places and manner the court deems appropriate.

(6) In those cases in which a parent proposes to relinquish his or her parent-child legal relationship with a child who is under one year of age, pursuant to the expedited procedures set forth in section 19-5-103.5, the licensed child placement agency or the county department of human or social services assisting the relinquishing parent shall proceed with filing the petition for termination of the other birth parent's or possible birth parents' parent-child legal relationship and notify the other birth parent or possible birth parents as provided in section 19-5-103.5 (2).
C.R.S. § 19-3.3-106 — CO Code / Title 19 / Article 3.3 / Section 19-3.3-106
19-3.3-106. Award of contract - extension - repeal
Status: repealed

19-3.3-106. Award of contract - extension - repeal. (Repealed)
C.R.S. § 19-3-703 — CO Code / Title 19 / Article 3 / Part 7 / Section 19-3-703
19-3-703. Permanent home
Status: repealed

19-3-703. Permanent home. (Repealed)
C.R.S. § 19-1-308 — CO Code / Title 19 / Article 1 / Part 3 / Section 19-1-308
19-1-308. Parentage information
Status: in_force

19-1-308. Parentage information. Notwithstanding any other law concerning public hearings and records, any hearing or trial held pursuant to article 4 of this title 19 must be held in closed court without admittance of any person other than those necessary to the action or proceeding. In addition to access otherwise provided for pursuant to section 19-1-303, all papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection by the parties to the action and their attorneys of record, and such parties and their attorneys are subject to a court order that must be in effect against all parties to the action prohibiting the parties from disclosing the genetic testing information contained in the court's record. Such court papers and records are not subject to inspection by any person not a party to the action except the state child support enforcement agency or delegate child support enforcement units for the purposes set forth in section 19-1-303 (4.4) or upon consent of the court and all parties to the action, or, in exceptional cases only, upon an order of the court for good cause shown. All papers and records in the custody of the county department of human or social services must be available for inspection by the parties to the action only upon the consent of all parties to the action and as provided by section 26-1-114, or by the rules governing discovery, but the papers and records must not be subject to inspection by any person not a party to the action except upon consent of all parties to the action; except that the results of genetic testing may be provided to all parties, when available, notwithstanding laws governing confidentiality and without the necessity of formal discovery. Any person receiving or inspecting paternity information in the custody of the county department of human or social services is subject to a court order that must be in effect prohibiting such persons from disclosing the genetic testing information contained in the department's record.
C.R.S. § 19-5-108 — CO Code / Title 19 / Article 5 / Part 1 / Section 19-5-108
19-5-108. When notice of relinquishment proceedings required
Status: in_force

19-5-108. When notice of relinquishment proceedings required. If the custodial parent has assigned rights to support for a child who is the subject of relinquishment proceedings to the department of human services, notice of the relinquishment proceedings shall be given, by the parent proposing to relinquish a child or by that parent's counsel, to the appropriate delegate child support enforcement unit in cases where there is no adoption proceeding pending.
C.R.S. § 19-3-217 — CO Code / Title 19 / Article 3 / Part 2 / Section 19-3-217
19-3-217. Family time upon removal - rules
Status: in_force

19-3-217. Family time upon removal - rules. (1) At any hearing held pursuant to section 19-3-403 (2) or (3.5), the court shall enter temporary orders for reasonable family time with the child's or youth's parent that is consistent with the age and developmental needs of a child or youth if the court finds that visitation is in a child's or youth's best interests. The court shall order contact between the parent and child or youth, which contact may include, but is not limited to, telephone, virtual, or in-person visits, commencing within seventy-two hours after any hearing pursuant to section 19-3-403 (2) or (3.5), excluding Saturdays, Sundays, and any court holiday. The court may authorize an extension of time for contact to commence if the delay is agreed upon by the parent, county department, and guardian ad litem or if the court finds that a delay in contact is in the child's or youth's best interests.

(1.5) When a child or youth is placed out of the home, the following considerations apply when making decisions regarding family time:

(a) The county department shall encourage the maximum parent, child, and sibling contact possible, including regular family time and participation by the parents in the care of the child or youth, when it is in the best interest of the child or youth. The county department shall encourage parental attendance and participation in the child's or youth's life, such as school, extracurricular activities, and medical appointments, when it is in the best interest of the child or youth.

(b) The court and the county department may rely on informal resources such as community members, relatives, or kin to provide transportation and supervision for family time if those resources are available, appropriate, and do not compromise the child's or youth's mental, emotional, or physical health or safety.

(c) (I) There is a presumption that supervised family time must:

(A) Be supervised by informal supports identified by the family who volunteer to supervise family time, including relatives or other persons identified by the family; and

(B) Occur in the community, a homelike environment, or other agreed-upon location.

(II) The presumption described in subsection (1.5)(c)(I) of this section may be rebutted if the court finds that the child's or youth's safety or mental, emotional, or physical health requires professional supervision or that relatives or other family supports are unavailable or unwilling to provide supervision after the county department has exercised due diligence to contact and engage the relatives, kin, or other family supports. Nothing in this section precludes supplemental professionally coached or supervised family time to improve parenting skills.

(d) The court may only restrict or deny family time if it is necessary to protect the child's or youth's safety or mental, emotional, or physical health. The court shall order family time in the least restrictive setting and supervision at the least restrictive level to satisfy the child's or youth's safety or mental, emotional, or physical health.

(e) (I) At the first hearing that occurs after the emergency hearing required pursuant to section 19-3-403, or no later than thirty days after the removal date, the county department shall provide the court with a proposed family time plan on the record, including:

(A) Frequency and length;

(B) Persons who may be present;

(C) Whether the family time must be supervised; and

(D) The child's or youth's opportunity to communicate with a parent, sibling, or other relative.

(II) For good cause, or by agreement by the parties, the court may waive the requirement to provide or extend the time for providing the family time plan described in subsection (1.5)(e)(I) of this section. A lack of staff or financial resources is not good cause. Any subsequent written family services plan submitted to the court pursuant to section 19-3-507 or 19-3-702 must include an update on participation in and provision of family time and barriers to expanding family time.

(f) The court or the county department shall not limit family time as a sanction for a parent's failure to comply with court orders or services if the child's or youth's safety or mental, emotional, or physical health is not at risk as a result of the family time.

(g) The court, the county department, the parent, or other support shall not limit family time or contact between a child or youth and the child's or youth's parent or sibling as a sanction for the child's or youth's behavior or as an incentive to change the child's or youth's behavior.

(h) The county department and the court shall consider a parent's preferences when determining supervision, location, and timing of family time.

(i) The county department and the court shall consider a child's or youth's preferences when determining supervision, location, and timing of family time.

(2) Nothing in this section restricts the court from granting discretionary authority to the department and guardian ad litem to increase opportunities for additional parent-child contacts or sibling contacts without further court order.

(3) Absent the issuance of an emergency order, a parent granted family time is entitled to a hearing prior to an ongoing reduction in, suspension of, or increase in the level of supervision, including a change from in-person family time to virtual family time. If the court issues an emergency order suspending, reducing, or restricting family time, a parent is entitled to a hearing within seventy-two hours after the order is issued, excluding Saturdays, Sundays, and court holidays. The court need not hold a hearing if there is agreement by the petitioner, guardian ad litem or counsel for youth, and parent to the reduction, suspension, or increase in level of supervision of family time. Any such agreement must be reduced to writing and filed with the court. Nothing in this section prevents the county department from canceling scheduled family time if the child's or youth's safety or mental, emotional, or physical health would be endangered or if the parent consents to the cancellation of the family time.

(4) Nothing in this section requires or permits a county department to arrange family time if the family time would violate an existing protection order in any case pending in this state or any other state. The county department is not required to produce a child or youth for court-ordered family time if the family time is made impossible due to the policies of a facility where the parent is incarcerated or in treatment.

(5) A person's inclusion in family time does not confer rights not otherwise granted by law, including the right to appeal denial of participation in family time.

(6) The state board of human services shall promulgate rules in accordance with this section.
C.R.S. § 19-1-122 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-122
19-1-122. Confidentiality of records - relinquishments and adoptions
Status: repealed

19-1-122. Confidentiality of records - relinquishments and adoptions. (Repealed)
C.R.S. § 19-2.5-106 — CO Code / Title 19 / Article 2.5 / Part 1 / Section 19-2.5-106
19-2.5-106. Victim's right to attend dispositional, review, and restitution proceedings
Status: in_force

19-2.5-106. Victim's right to attend dispositional, review, and restitution proceedings. The victim of any delinquent act, or a relative of the victim, if the victim has died, has the right to attend all dispositional, review, and restitution proceedings resulting from the adjudication of such act. The victim or the victim's relative has the right to appear at the proceedings personally or with counsel and to adequately and reasonably express the victim's views concerning the act, the juvenile, the need for restitution, and the type of dispositional orders that the court should issue. When issuing such orders, the court shall consider the statements made by the victim, or the victim's relative, and shall make a finding, on the record, when appropriate, as to whether the juvenile would pose a threat to public safety if granted probation.
C.R.S. § 19-1-307 — CO Code / Title 19 / Article 1 / Part 3 / Section 19-1-307
19-1-307. Dependency and neglect records and information - access - fee - records and repo
Status: in_force

19-1-307. Dependency and neglect records and information - access - fee - records and reports fund - misuse of information - penalty - adult protective services data system check - rules. (1) (a) Identifying information - confidential. Except as otherwise provided in this section and section 19-1-303, reports of child abuse or neglect and the name and address of any child, family, or informant or any other identifying information contained in such reports shall be confidential and shall not be public information.

(b) Good cause exception. Disclosure of the name and address of the child and family and other identifying information involved in such reports shall be permitted only when authorized by a court for good cause. Such disclosure shall not be prohibited when there is a death of a suspected victim of child abuse or neglect and the death becomes a matter of public record or the alleged juvenile offender is or was a victim of abuse or neglect or the suspected or alleged perpetrator becomes the subject of an arrest by a law enforcement agency or the subject of the filing of a formal charge by a law enforcement agency.

(c) Any person who violates any provision of this subsection (1) commits a civil infraction.

(2) Records and reports - access to certain persons - agencies. Except as set forth in section 19-1-303, only the following persons or agencies have access to child abuse or neglect records and reports:

(a) The law enforcement agency, district attorney, coroner, or county or district department of human or social services investigating a report of a known or suspected incident of child abuse or neglect or treating a child or family that is the subject of the report;

(b) A physician who has before him or her a child whom the physician reasonably suspects to be abused or neglected;

(c) An agency having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record or a parent, guardian, legal custodian, or other person who is responsible for the child's health or welfare, including, in the case of an anatomical gift, a coroner and a procurement organization, as those terms are defined in section 15-19-202;

(d) Any person named in the report or record who was alleged as an abused or neglected child or, if the child named in the report or record is otherwise incompetent at the time of the request, the child's guardian ad litem or counsel for youth;

(e) A parent, guardian, legal custodian, or other person responsible for the health or welfare of a child named in a report, or the assigned designee of any such person acting by and through a validly executed power of attorney, with protection for the identity of reporters and other appropriate persons;

(e.5) (I) A mandatory reporter specified in this subsection (2)(e.5)(I) who is and continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report, but only with regard to information that the mandatory reporter has a need to know in order to fulfill the mandatory reporter's professional and official role in maintaining the child's safety. A county department shall request written affirmation from a mandatory reporter stating that the reporter continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report and describing the nature of the involvement, unless the county department has actual knowledge that the mandatory reporter continues to be officially and professionally involved in the ongoing care of the child who was the subject of the report. This subsection (2)(e.5)(I) applies to:

(A) Hospital personnel engaged in the admission, care, or treatment of children;

(B) Mental health professionals;

(C) Physicians or surgeons, including physicians in training;

(D) Registered nurses or licensed practical nurses;

(E) Dentists;

(F) Psychologists;

(G) Unlicensed psychotherapists;

(H) Licensed professional counselors;

(I) Licensed marriage and family therapists;

(J) Public or private school officials or employees;

(K) Social workers or workers with any facility or agency that is licensed or certified pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5;

(L) Victim's advocates, as defined in section 13-90-107 (1)(k)(II), C.R.S.;

(M) Clergy members, as defined in section 19-3-304 (2)(aa)(III);

(N) Educators providing services through a federal special supplemental nutrition program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;

(O) A person who is registered as a psychologist candidate pursuant to section 12-245-304 (3), marriage and family therapist candidate pursuant to section 12-245-504 (4), or licensed professional counselor candidate pursuant to section 12-245-604 (4), or who is described in section 12-245-217; and

(P) Officials or employees of a county department of health or a county department of human or social services.

(II) Within sixty calendar days after receipt of a report of suspected child abuse or neglect from a mandatory reporter specified in subsection (2)(e.5)(I) of this section, a county department shall provide the following information to the mandatory reporter for the purpose of assisting the mandatory reporter in his or her professional and official role in maintaining the child's safety:

(A) The name of the child and the date of the report;

(B) Whether the referral was accepted for assessment;

(C) Whether the referral was closed without services;

(D) Whether the assessment resulted in services related to the safety of the child;

(E) The name of and contact information for the county caseworker responsible for investigating the referral; and

(F) Notice that the reporting mandatory reporter may request updated information identified in sub-subparagraphs (A) to (E) of this subparagraph (II) within ninety calendar days after the county department received the report and information concerning the procedure for obtaining updated information.

(III) Information disclosed to a mandatory reporter pursuant to this paragraph (e.5) is confidential and shall not be disclosed by the mandatory reporter to any other person except as provided by law.

(IV) Unless requested by a county department, a mandatory reporter shall not have the authority to participate in any decision made by the county department concerning a report of abuse or neglect.

(V) In accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., the state department shall promulgate any rules necessary for the implementation of this paragraph (e.5).

(f) A court, upon its finding that access to such records may be necessary for determination of an issue before such court, but such access shall be limited to in camera inspection unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it;

(g) (Deleted by amendment, L. 2003, p. 1401, § 8, effective January 1, 2004.)

(h) All members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);

(i) Such other persons as a court may determine, for good cause;

(j) The state department of human services or department of early childhood or a county or district department of human or social services or a child placement agency investigating an applicant for a license to operate a child care facility or agency pursuant to section 26-6-912 or 26.5-5-316, when the applicant, as a requirement of the license application, has given written authorization to the licensing authority to obtain information contained in records or reports of child abuse or neglect. Access to the records and reports of child abuse or neglect granted to the named department or agencies must serve only as the basis for further investigation.

(j.5) The state department of human services, department of early childhood, or a county or district department of human or social services investigating an exempt family child care home provider pursuant to section 26.5-5-326, as a prerequisite to issuance or renewal of a contract or any payment agreement to receive money for the care of a child from publicly funded state child care assistance programs. Access to the records and reports of child abuse or neglect granted to the named department or agencies must serve only as the basis for further investigation.

(j.7) The department of early childhood, when requested in writing by any operator of a facility that is investigating an applicant for an employee or volunteer position with, or an employee or volunteer of, a licensed neighborhood youth organization pursuant to section 26.5-5-308, when the applicant, employee, or volunteer has given written authorization to the department of early childhood to check records or reports of child abuse or neglect. Any operator who requests information concerning an individual who is not a current employee or an applicant for employment commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501. Within twenty days after the operator's request, the department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect.

(j.8) The state department of human services or department of early childhood investigating any person required to submit to a background check pursuant to section 26-6-705 (2), when the person has given written authorization to the state department of human services or department of early childhood to check records or reports of child abuse or neglect;

(k) The state department of human services or department of early childhood, when requested in writing by any operator of a facility or agency that is licensed by the state department of human services pursuant to section 26-6-912 or department of early childhood pursuant to section 26.5-5-316, to check records or reports of child abuse or neglect for the purpose of screening an applicant for employment or a current employee. Any operator who requests information concerning an individual who is not a current employee or an applicant for employment commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. Within twenty days after the operator's request, the state department of human services or department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse and neglect. Any operator who releases any information obtained pursuant to this subsection (2)(k) to any other person commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501.

(k.5) The state department of human services or department of early childhood, when requested in writing by a qualified county department, individual, or child placement agency approved to conduct home study investigations and reports pursuant to section 19-5-207.5 (2)(b)(I) for purposes of screening a prospective adoptive parent or any adult residing in the home pursuant to section 19-5-207 (2.5)(c), or investigating a prospective foster care parent, kinship care parent, or an adult residing in the home pursuant to section 26-6-912 (1)(c). Within twenty days after the request, the state department of human services or department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect. The county department, individual, or child placement agency is subject to the fee assessment established in subsection (2.5) of this section. With respect to screening a prospective adoptive parent, any employee of the county department or the child placement agency or any individual who releases any information obtained pursuant to this subsection (2)(k.5) to any person other than the adoption court commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501.

(l) The state department of human services or department of early childhood, when requested in writing by the department of education to check records or reports of child abuse or neglect for the purpose of aiding the department of education in its investigation of an allegation of abuse by an employee of a school district in this state. Within twenty days after the department of education's request, the state department of human services or department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse or neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect. The department of education is subject to the fee assessment established in subsection (2.5) of this section. Any employee of the department of education who releases any information obtained under this subsection (2)(l) to any person not authorized to receive the information pursuant to section 22-32-109.7 or any member of the board of education of a school district who releases the information obtained pursuant to section 22-32-109.7 commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501.

(m) The department of early childhood, state department of human services, and county departments of human or social services, for the following purposes:

(I) Screening any person who seeks employment with, is currently employed by, or volunteers for service with the department of early childhood, state department of human services, department of health care policy and financing, or a county department of human or social services, if the person's responsibilities include direct contact with children;

(II) Conducting evaluations pursuant to section 14-10-127, C.R.S.;

(III) Screening any person who will be responsible to provide child care pursuant to a contract with a county department for placements out of the home or private child care;

(IV) Screening prospective adoptive parents;

(n) Private adoption agencies, including private adoption agencies located in other states, for the purpose of screening prospective adoptive parents;

(o) A person, agency, or organization engaged in a bona fide research or evaluation project, but without information identifying individuals named in a report, unless having said identifying information open for review is essential to the research and evaluation, in which case the executive director of the state department of human services shall give prior written approval and the child through a legal representative shall give permission to release the identifying information;

(o.5) An auditor conducting a financial or performance audit of a county department of human or social services pursuant to section 26-1-114.5, C.R.S.;

(p) A governing body as defined in section 19-1-103;

(q) (Deleted by amendment, L. 2003, p. 1401, § 8, effective January 1, 2004.)

(r) The department of early childhood, when requested in writing by any operator of a guest child care facility or public service short-term child care facility that is investigating an applicant for a supervisory employee position or an employee of a guest child care facility or a public services short-term child care facility pursuant to section 26.5-5-307, when the applicant or employee, as a requirement of application for employment, has given written authorization to the department of early childhood to check records or reports of child abuse or neglect. Any operator who requests information concerning an individual who is not a current employee or an applicant for employment commits a class 2 misdemeanor and shall be punished pursuant to section 18-1.3-501. Within twenty days after the operator's request, the department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse and neglect.

(s) The state department of human services or the department of early childhood investigating a prospective CASA volunteer for the CASA program when the prospective CASA volunteer has given written authorization to the CASA program to check any records or reports of child abuse or neglect pursuant to section 19-1-205 (3)(a.5);

(t) State, county, and local government agencies of other states and child placement agencies located in other states, for the purpose of screening prospective foster or adoptive parents or any adult residing in the home of the prospective foster or adoptive parents;

(u) The child protection ombudsman program created in section 19-3.3-102, when conducting an investigation pursuant to article 3.3 of this title;

(v) A licensed child placement agency, for the purpose of screening prospective foster parents, any adult residing in the home of the prospective foster parent, and specialized group facilities, pursuant to the following conditions:

(I) Access is limited to information concerning a current or prospective foster parent, an adult residing in the home of the current or prospective foster parent, or a specialized group facility and includes only the following information:

(A) Whether a report of child abuse or neglect has been made regarding the person;

(B) The general nature of the alleged incident of child abuse or neglect, including the category of the allegation, and the name and relationship of the perpetrator and victim;

(C) Whether the report of child abuse or neglect was screened for assessment;

(D) The outcome of the investigation including the investigator's summary of the reason or reasons for his or her finding or conclusions; and

(E) Child care and child welfare licensing history;

(II) (A) Access is limited to one person at each child placement agency, as designated by the agency and reported to the state department of human services.

(B) The state department of human services shall monitor a child placement agency's access to the records and reports of child abuse or neglect to ensure that the child placement agency is accessing the records and reports of child abuse or neglect in accordance with this paragraph (v).

(C) An unaccepted referral or an unfounded or inconclusive assessment pursuant to subparagraph (I) of this paragraph (v) does not necessarily require that a current or prospective foster parent be denied placement pursuant to this article.

(w) The designated authorities at the military base of assignment or installation for a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces who is the individual responsible for the abused or neglected child. The authorities may be designated in a memorandum of understanding as described and authorized in section 19-1-303 (2.6).

(x) A county department that assesses or provides protective services for at-risk adults, pursuant to article 3.1 of title 26, when the information is necessary for the county department to adequately assess for safety and risk or to provide protective services for an at-risk adult. The information disclosed pursuant to this subsection (2)(x) is limited to information regarding prior or current referrals, assessments, investigations, or case information related to a child or an alleged perpetrator. A county department that assesses or provides protective services for children is permitted to access information from a county department that assesses or provides protective services for at-risk adults pursuant to section 26-3.1-102 (7)(b)(VIII). The provisions of this subsection (2)(x) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information.

(y) The state department of human services, department of early childhood, or a requesting individual, or the individual's designee, after proof of identification, when requested in writing to check records or reports of child abuse or neglect of the requesting individual for the purpose of screening the requesting individual when the requesting individual's responsibilities include care of children, treatment of children, supervision of children, or unsupervised contact with children.

(2.3) The following agencies or attorneys appointed by the court must be granted statewide read-only access to the name index and register of actions for the judiciary department:

(a) Criminal justice agencies as described in section 24-72-302 (3), C.R.S.;

(b) County departments, as defined in section 19-1-103, and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103, as it relates to the attorneys' work representing the county;

(c) Guardians ad litem or counsel for youth under contract with the office of the child's representative, created in section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad litem or counsel for youth, as it relates to a case in which they are appointed by the court; and

(d) A respondent parent's counsel under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which they are appointed by the court.

(2.5) Fee - records and reports fund - rules. (a) Any person or agency provided information from the state department of human services or department of early childhood pursuant to subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section and any child placement agency must be assessed a fee that is established and collected by the state department of human services or established and collected by the department of early childhood pursuant to parameters set forth in rule established by the state board of human services or the department of early childhood pursuant to parameters set forth in rule established by the executive director of the department of early childhood, whichever is applicable. At a minimum, the rules must include a provision requiring the state department of human services or department of early childhood, as applicable, to provide notice of the fee to interested persons and the maximum fee amount that the department shall not exceed without the express approval of the state board of human services or executive director of the department of early childhood, as applicable. The fee established must not exceed the direct and indirect costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section.

(b) All fees collected in accordance with subsection (2.5)(a) of this section must be transmitted to the state treasurer who shall credit the same to the records and reports fund, which fund is hereby created. The fund also consists of fees credited to the fund pursuant to section 26-3.1-111. The money in the records and reports fund is subject to annual appropriation by the general assembly for the direct and indirect costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section and for the direct and indirect costs described in section 26-3.1-111.

(3) After a child who is the subject of a report to the state department of human services reaches the age of eighteen years, access to that report shall be permitted only if a sibling or offspring of such child is before any person mentioned in subsection (2) of this section and is a suspected victim of child abuse or neglect.

(4) Any person who improperly releases or who willfully permits or encourages the release of data or information contained in the records and reports of child abuse or neglect to persons not permitted access to such information by this section or by section 19-1-303 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S. § 19-3-903 — CO Code / Title 19 / Article 3 / Part 9 / Section 19-3-903
19-3-903. Task force on high-quality parenting time - creation - steering committee - memb
Status: in_force

19-3-903. Task force on high-quality parenting time - creation - steering committee - membership. (1) There is created in the office of the respondent parents' counsel created in section 13-92-103 the task force on high-quality parenting time, for the purpose of studying the issues set forth in section 19-3-904 and making findings and recommendations to the governor, the state department, the child welfare training academy, and the general assembly on administrative and legislative changes to improve high-quality parenting time services and practices in dependency and neglect cases.

(2) There is created a steering committee for the task force. The members of the steering committee serve as the executive committee of the task force. The steering committee is composed of a representative of the following agencies or organizations, selected by the executive director of the agency or organization:

(a) The office of the respondent parents' counsel;

(b) The division of child welfare in the department of human services;

(c) The office of the child's representative;

(d) The child protection ombudsman's office; and

(e) A statewide association of human and social services directors.

(3) The membership of the task force must not exceed twenty-five members and, to the extent practicable, must include persons from throughout the state and must reflect the racial, ethnic, and geographic diversity of the state. The steering committee members are members of the task force. The steering committee shall jointly appoint the remaining task force members by consensus, or, if no consensus is reached, by majority vote of the steering committee. The remaining task force members must meet the following criteria:

(a) One member representing the court improvement program;

(b) One member who is either retired or currently serving as a judge or magistrate with experience in the child protection system;

(c) Two members who represent service providers, with one member representing service providers who provide services in an urban county and one member representing service providers who provide services in a rural county;

(d) One member who is a director or administrator of a county department;

(e) Three members representing the county departments of human or social services, at least one of which must be a county attorney, with two members representing urban counties and one member representing a rural county;

(f) One member who is a licensed psychiatrist, psychologist, social worker, or therapist who works with children who have been abused or neglected;

(g) Two parents with lived experience in the child welfare system, including a parent who has a disability or has a child with a disability;

(h) Two members with lived experience in the child welfare system as children;

(i) One member who is a foster parent or kinship provider;

(j) A service provider who works with parents or children with disabilities;

(k) A social worker, family advocate, or parent advocate with experience serving families in dependency and neglect cases; and

(l) Any other individual or representative with relevant experience, as determined by the steering committee.

(4) (a) The executive directors of the agencies or organizations specified in subsection (2) of this section shall appoint the steering committee members not later than fifteen days after July 7, 2021. Steering committee members serve at the pleasure of the appointing authority.

(b) The steering committee shall appoint the remaining task force members described in subsection (3) of this section not later than forty-five days after July 7, 2021, unless the steering committee by majority vote extends the time frame in which to appoint task force members. Each member of the task force appointed by the steering committee serves at the pleasure of the steering committee and may be removed by a consensus of the steering committee, or, if consensus cannot be reached, by majority vote of the steering committee.

(5) The members of the task force serve without compensation and without reimbursement for expenses.

(6) (a) The task force shall convene within thirty days after the final member has been appointed to the task force.

(b) The task force shall elect a chair and vice-chair from among its members.

(c) The task force shall meet at least monthly through September 2022, and may meet thereafter to complete its duties.

(d) The steering committee may seek input from subject-matter experts or others to facilitate the work of the task force.

(e) The steering committee shall select a facilitator to be funded through gifts, grants, donations, or federally allocated funds that may be used for this purpose, and is authorized to seek, accept, and expend gifts, grants, or donations.
C.R.S. § 19-3-404 — CO Code / Title 19 / Article 3 / Part 4 / Section 19-3-404
19-3-404. Temporary shelter - child's home
Status: in_force

19-3-404. Temporary shelter - child's home. The court may find that it is not necessary to remove a child from his or her home to a temporary shelter facility and may provide temporary shelter in the child's home by authorizing a representative of the county or district department of human or social services, which has emergency caretaker services available, to remain in the child's home with the child until a parent, legal guardian, or relative of the child enters the home and expresses willingness and has the apparent ability, as determined by the state department, to resume charge of the child. In no event must such period of time exceed seventy-two hours. In the case of a relative, the relative is to assume charge of the child until a parent or legal guardian enters the home and expresses willingness and has the apparent ability, as determined by the state department, to resume charge of the child. The director of the county or district department of human or social services shall designate in writing the representatives of the county or district departments of human or social services authorized to perform such duties.
C.R.S. § 19-3-209 — CO Code / Title 19 / Article 3 / Part 2 / Section 19-3-209
19-3-209. Individual case plan - required
Status: in_force

19-3-209. Individual case plan - required. An individual case plan, developed with the input or participation of the family, is required to be in place for all abused and neglected children and the families of such children in each case which is opened for the provision of services beyond the investigation of the report of child abuse or neglect, regardless of whether the child or children involved are placed out of the home or under court supervision.
C.R.S. § 19-5-213 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-213
19-5-213. Compensation for placing child prohibited
Status: in_force

19-5-213. Compensation for placing child prohibited. (1) (a) No person shall offer, give, charge, or receive any money or other consideration or thing of value in connection with the relinquishment and adoption, except attorney fees and such other charges and fees as may be approved by the court.

(b) No person, other than an adoption exchange whose membership includes county departments and child placement agencies, a licensed child placement agency, or a county department, shall offer, give, charge, or receive any money or other consideration or thing of value in connection with locating or identifying for purposes of adoption any child, natural parent, expectant natural parent, or prospective adoptive parent; except that physicians and attorneys may charge reasonable fees for professional services customarily performed by such persons.

(c) A child who is placed by a county department in a foster care home operated by a child placement agency shall be deemed, for purposes of payment to the child placement agency, to remain in foster care status for purposes of payment of consideration to the child placement agency until the date that the final decree of adoption is entered or until the date that the child is returned to his or her biological parent's home, unless otherwise negotiated in the contract between the child placement agency and the county department.

(2) Any person who violates the provisions of this section commits a class 2 misdemeanor.
C.R.S. § 19-5-203.5 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-203.5
19-5-203.5. Confirmatory adoption - short title - definitions
Status: in_force

19-5-203.5. Confirmatory adoption - short title - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Court" means a district or juvenile court that has jurisdiction over the adoption.

(b) "Petitioner" means the person or persons filing a petition for adoption in accordance with this section.

(2) (a) Whenever a child is conceived as a result of assisted reproduction and the person who did not give birth is a parent or a presumed parent pursuant to section 19-4-106, or a child has a presumed parent pursuant to section 19-4-105, or when married parents engaging in surrogacy in another state that results in a court order establishing only one spouse as the parent, the parents may complete an adoption of the child to affirm parentage in accordance with this section. Both parents must join the petition as petitioners.

(b) A complete petition for adoption must include the following documents:

(I) A copy of the petitioners' marriage or civil union certificate if the parents were married or in a civil union at the time of birth, if applicable, and declarations by the parent who did not give birth explaining the circumstances of birth and that the person is a parent based on contributing gametes or consenting to the conception of a child through assisted reproduction pursuant to section 19-4-106 and attesting that the child was born as a result of assisted reproduction and attesting that no competing claims of parentage exist;

(II) A copy of the child's birth certificate;

(III) If the child has attained the age of twelve years of age, the consent of the child; and

(IV) A sworn statement by each petitioner acknowledging parentage.

(c) A complete petition for adoption, as described in subsection (2)(b) of this section, serves as the petitioners' written consent to adoption.

(d) If the child is conceived using sperm, an egg, or an embryo from a donor, the court shall not require notice of the adoption to the donor or consent to the adoption by the donor.

(3) (a) The petitioners may file in, and jurisdiction is appropriate in, any of the following:

(I) The county where the child at issue is conceived or born;

(II) The county of residence of one or both of the petitioners; or

(III) A Colorado county chosen by the petitioners so long as the child was conceived or born in Colorado. The petitioners are not required to be residents of Colorado for jurisdiction to be appropriate so long as the child was conceived or born in Colorado.

(b) Unless otherwise ordered by the court for good cause shown, for purposes of evaluating and granting a petition for adoption pursuant to this section, the court shall not require:

(I) An in-person hearing or appearance;

(II) A home study by, notice to, or approval of the state department of human services or a licensed child placement agency as defined in section 19-1-103;

(III) Fingerprinting or a criminal offender record information search;

(IV) Verification that the child is not registered with the federal register for missing children or the central register; or

(V) A minimum residency period in the home of the petitioner.

(4) (a) The court shall grant the adoption and issue a decree of adoption within thirty days after finding:

(I) The petitioner filed a complete petition for adoption pursuant to subsection (2)(b) of this section; and

(II) (A) For parents who are spouses or civil union partners, the petitioners were married or in a civil union at the time of the child's conception or birth; or

(B) For presumed parents, or any other person with a claim to parentage of the child who is required to provide notice of, or consent to, the adoption, the person has received notice and provided consent to the adoption.

(b) A petition to adopt, pursuant to this section, when a petitioner's parentage is presumed or legally recognized under Colorado law, must not be denied solely on the basis that the petitioner's parentage is already presumed or legally recognized.

(c) When parentage is presumed or legally recognized pursuant to Colorado law, failure to petition for adoption pursuant to this section may not be considered as evidence when two or more presumptions conflict pursuant to section 19-4-105 (2)(a), nor in determining the best interest of the child.

(5) After the decree of adoption is issued regarding a child born to one or more parents, regardless of marital status, each parent is considered an equal parent with equal parenting rights and responsibilities.

(6) The decree of adoption must include findings that the parent who gave birth, or the adjudicated parent, and the parent who adopted the child are the parents of the child.

(7) The short title of this section is "Marlo's Law".
C.R.S. § 19-7-311 — CO Code / Title 19 / Article 7 / Part 3 / Section 19-7-311
19-7-311. Permanency planning hearings - notice to parents
Status: in_force

19-7-311. Permanency planning hearings - notice to parents. A permanency planning hearing must be held for a participating youth under the court's jurisdiction pursuant to this part 3 in the same manner as provided in section 19-3-702; except that permanency hearings need only be held at least every twelve months. The youth's parent or parents are not parties in proceedings pursuant to this article 7 and therefore do not require notice of such hearings.
C.R.S. § 19-3-302 — CO Code / Title 19 / Article 3 / Part 3 / Section 19-3-302
19-3-302. Legislative declaration
Status: in_force

19-3-302. Legislative declaration. (1) The general assembly declares that the complete reporting of child abuse is a matter of public concern and that, in enacting this part 3, it is the intent of the general assembly to protect the best interests of children of this state and to offer protective services in order to prevent any further harm to a child suffering from abuse. It is also the intent of the general assembly that if a county or group of counties decides to establish a child protection team, that the child protection teams publicly discuss public agencies' responses to child abuse and neglect reports so that the public and the general assembly are better informed concerning the operation and administration of this part 3.

(2) (a) The general assembly further declares that requiring people to report known or suspected child abuse or neglect pursuant to this part 3 impacts the people reporting as well as children and families. As a result of implicit bias, under-resourced communities, communities of color, and persons with disabilities are disproportionately impacted by the mandatory reporting system. To create a more equitable mandatory reporting system, people required to report child abuse or neglect must have access to necessary resources to report child abuse or neglect, including but not limited to:

(I) Specialized training to address and decrease the disproportionate impact on under-resourced communities, communities of color, and persons with disabilities;

(II) Standardized training and materials; and

(III) Information regarding obligations and protections pursuant to the law.

(b) Additionally, through the creation of a mandatory reporter task force in this part 3, diverse representatives from statewide organizations serving families and youth shall analyze best practices and may recommend changes to training materials and reporting procedures.
C.R.S. § 19-3-702 — CO Code / Title 19 / Article 3 / Part 7 / Section 19-3-702
19-3-702. Permanency hearing
Status: in_force

19-3-702. Permanency hearing. (1) (a) In order to provide stable, permanent homes for every child or youth placed out of the home, in as short a time as possible, a court shall conduct a permanency planning hearing. The court shall hold the permanency planning hearing as soon as possible following the initial hearing held pursuant to a proceeding pursuant to part 3 of article 7 of this title 19 or the initial dispositional hearing pursuant to this article 3; except that the permanency planning hearing must be held no later than ninety-one days after the initial decree of disposition. After the initial permanency planning hearing, the court shall hold additional hearings at least every six months while the case remains open or more often in the discretion of the court, or upon the motion of any party. The initial permanency hearing must be held within twelve months after the child or youth enters foster care, even when a dispositional decree has not yet been entered. When possible, the permanency planning hearing must be combined with the in-person six-month review as provided for in section 19-1-115 (4)(c), subsection (6)(a) of this section, or section 19-7-312. The court shall hold all permanency planning hearings in person, provide proper notice to all parties, and provide all parties the opportunity to be heard. The court shall consult with the child or youth in a developmentally appropriate manner regarding the child's or youth's permanency goal.

(b) If the court finds that reasonable efforts to reunify the child or youth and the parent are not required pursuant to section 19-1-115 (7) or if there is a finding that no appropriate treatment plan can be devised pursuant to section 19-3-508 (1)(d)(I), the court shall hold a permanency planning hearing within thirty days after the finding. If the court finds that reasonable efforts to reunify the child or youth and the parent are not required and a motion for termination has been filed pursuant to section 19-3-602, the permanency planning hearing and the hearing on the motion for termination may be combined, and the court shall make all determinations required at both hearings in the combined hearing.

(2) (a) When the court schedules a permanency planning hearing pursuant to this section, the court or designee of the court shall promptly issue a notice stating the purpose of the hearing. The notice must set forth the constitutional and statutory rights of the child's or youth's parents or guardian and the statutory rights of the child or youth. The notice of the hearing must comply with the requirements stated in section 19-3-502 (7) and must be sent to parents or guardians, placement providers, and named children or youth.

(b) The county department of human or social services shall propose a permanency plan for each child or youth, which plan must be completed and submitted to the court in the family services plan no later than five days in advance of the permanency planning hearing.

(3) At any permanency planning hearing, the court shall first determine if the child or youth should be returned to the child's or youth's parent, named guardian, or legal custodian and, if applicable, the date on which the child or youth must be returned. If the child or youth cannot be returned home, the court shall also determine whether reasonable efforts have been made to find a safe and stable permanent home for the child or youth. The court shall not delay permanency planning by considering the placement of children or youth together as a sibling group or for purposes of maintaining financial support for a kinship foster care home or a non-certified kinship care home, unless there are exceptional circumstances approved by the court. At any permanency planning hearing, the court shall make the following determinations, when applicable:

(a) Whether procedural safeguards to preserve parental rights have been applied in connection with any change in the child's or youth's placement or any determination affecting family time of the child or youth;

(b) Whether reasonable efforts have been made to finalize the permanency goal;

(c) Whether ongoing efforts have been made to identify kin and relatives that are available to be a permanent placement for the child or youth;

(d) When the child or youth resides in a placement out of state, whether the out-of-state placement continues to be appropriate and in the best interests of the child or youth;

(e) Whether a child or youth who is fourteen years of age or older is receiving transition services to successful adulthood, regardless of his or her permanency goal; and

(f) Whether the current placement of the child or youth could be a permanent placement, if necessary.

(4) (a) If the child or youth cannot be returned to the physical custody of the child's or youth's parent or legal guardian on the date of the hearing, the court shall enter one or more of the following permanency goals, of which subsections (4)(a)(I) to (4)(a)(V) of this section may be adopted as concurrent goals pursuant to section 19-3-508 (7):

(I) Return home;

(II) Adoption with a relative;

(III) Permanent placement with a relative through legal guardianship or allocation of parental responsibilities;

(IV) Adoption with a nonrelative;

(V) Permanent placement with a nonrelative through legal guardianship or allocation of parental responsibilities;

(VI) (A) Other planned permanent living arrangements either through emancipation or long-term foster care.

(B) Other planned permanent living arrangements may only be used as a permanency goal for children or youth in exceptional circumstances for children sixteen years of age or older who have co-occurring complex conditions that preclude their return home, their adoption or legal guardianship, or allocation of parental responsibilities; or for children and youth who are in the unaccompanied refugee minor program, regardless of their age.

(C) Other planned permanent living arrangements may not be used as a concurrent goal.

(D) The court shall ask the child or youth about his or her desired permanency outcome when considering other planned permanent living arrangements.

(b) (I) The department shall document in the family services plan the compelling reasons why it is not in the best interest of the child or youth to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative. In addition, the department shall document intensive, ongoing, and unsuccessful efforts made to return the child or youth home or to a secure placement with a fit and willing relative, including adult siblings; a legal guardian; or an adoptive parent, including efforts that utilize search technology that includes social media to find biological family members for the children or youth.

(II) The department shall document in the family services plan and the court shall review whether the child's or youth's placement is following the reasonable and prudent parent standard and whether the child or youth has regular, ongoing opportunities to engage in age-appropriate activities.

(c) Prior to closing a case before a youth's eighteenth birthday, the court or the youth's guardian ad litem or counsel for youth shall notify the youth that the youth will lose the right to receive medicaid until the maximum age provided by federal law if the case is closed prior to the youth's eighteenth birthday. Prior to closing a case after a youth's sixteenth birthday, the court shall advise the youth of the youth's eligibility for the foster youth in transition program, created in section 19-7-303, should the youth later determine the youth needs child welfare assistance from a county department.

(d) Every child who is eighteen years of age or older who is leaving foster or kinship care must be provided with his or her birth certificate, social security card, health insurance information, medical records, either a driver's license or state-issued identification card, and proof of foster care.

(e) If the court finds that there is not a substantial probability that the child or youth will be returned to a parent or legal guardian within six months and the child or youth appears to be adoptable and meets the criteria for adoption in section 19-5-203, the court may order the county department of human or social services to show cause why it should not file a motion to terminate the parent-child legal relationship pursuant to part 6 of this article 3. Cause may include, but is not limited to, any of the following conditions:

(I) The parent or legal guardian has maintained regular parenting time and contact with the child or youth, and the child or youth would benefit from continuing this relationship;

(II) A child who is twelve years of age or older objects to termination of the parent-child legal relationship;

(III) The child's foster parents are unable to adopt the child because of exceptional circumstances that do not include an unwillingness to accept legal responsibility for the child. The foster parents must be willing and capable of providing the child with a stable and permanent environment, and it must be shown that removal of the child from the physical custody of his or her foster parents would be seriously detrimental to the emotional well-being of the child.

(IV) The criteria for termination in section 19-3-604 have not yet been met; or

(V) If the parent:

(A) Is incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail; detained by the United States department of homeland security; or deported; and

(B) Has a meaningful and safe relationship with the child or youth while incarcerated, detained, or deported.

(5) For a child or youth in a case designated pursuant to section 19-1-123 only:

(a) A permanent home is the place in which the child or youth may reside if the child or youth is unable to return home to a parent or legal guardian. If the court determines by a preponderance of the evidence that a permanent home is not currently available or that the child's or youth's current needs or situation prohibit placement, the court must be shown and the court must find that reasonable efforts, as defined in section 19-1-103, were made to find the child or youth an appropriate permanent home and such a home is not currently available or that a child's or youth's needs or situation prohibit the child or youth from a successful placement in a permanent home.

(b) Regardless of any permanent home findings made pursuant to this section, reasonable efforts shall continue to be made to return the child or youth home unless the court has previously found or finds that reunification is not an option pursuant to section 19-1-115 (7). Any findings by the court regarding a permanent home shall not delay or interfere with reunification of a child or youth with a parent or legal guardian.

(c) At a permanency planning hearing that occurs immediately prior to twelve months after the original placement of the child or youth out of the home, the court shall make a finding identifying whether the child or youth is in a placement that can provide legal permanency. The court must make this finding to ensure that a child or youth who has been removed from his or her home is placed in a permanent home as expeditiously as possible.

(d) The court shall review the case at a permanency planning hearing at least every six months until the court finds that the child or youth is in a permanent home. The permanency planning hearings must continue as long as the court is unable to find that the child or youth is in a permanent home. At each hearing, the court must be provided evidence that a child or youth is in a permanent home or that reasonable efforts, as defined in section 19-1-103, continue to be made to find the child or youth an appropriate permanent home and such a home is not currently available or that a child's or youth's needs or situation prohibit the child or youth from successful placement in a permanent home.

(e) At each permanency planning hearing, the caseworker shall provide the court with a written or verbal report specifying what efforts have been made to identify a permanent home for the child or youth and what services have been provided to the child or youth to facilitate identification of a permanent home, including the department's ongoing efforts to identify relatives and kin and to engage the relatives and kin in providing support for the child or youth and family, and document that the relatives and kin have been provided notice as required by section 19-3-403 (3.6)(a)(IV). The department shall also report any decision regarding placing the child or youth with a relative or kin. If the department determines not to place the child or youth with a relative or kin, after giving primary consideration to the child's or youth's mental, physical, and emotional needs, or if the department decides not to place a child or youth with a relative or kin because the placement would hinder efforts to reunite the child or youth and parent, the department shall explain why any identified relatives or kin have been ruled out for placement.

(f) In determining whether a child or youth is in a permanent home, the court shall consider placement of the children or youth together as a sibling group pursuant to section 19-3-213.

(6) If a placement change is contested by a party and the child or youth is not reunifying with a parent or legal guardian, the court shall consider all pertinent information, including the child's or youth's wishes, related to modifying the placement of the child or youth prior to removing the child or youth from the child's or youth's placement, and including the following:

(a) An individualized assessment of the child's or youth's needs created pursuant to Title IV-E of the federal "Social Security Act", as amended, and regulations promulgated thereunder, as amended;

(b) Whether the child's or youth's placement at the time of the hearing is a safe and potentially permanent home for the child or youth;

(c) The child's or youth's actual age and developmental stage and, in consideration of this information, the child's or youth's attachment needs;

(d) Whether the child or youth has significant psychological ties to a person who could provide a permanent home for the child or youth, including a relative, and, if so, whether this person maintained contact with the child or youth during the child's or youth's placement out of the home;

(e) Whether a person who could provide a permanent home for the child or youth is willing to maintain appropriate contact after an adoption of the child or youth with the child's or youth's relatives, particularly sibling relatives, when such contact is safe, reasonable, and appropriate;

(f) Whether a person who could provide a permanent home for the child or youth is aware of the child's or youth's culture and is willing to provide the child or youth with positive ties to his or her culture;

(g) The child's or youth's medical, physical, emotional, or other specific needs, and whether a person who could provide a permanent placement for the child or youth is able to meet the child's or youth's needs;

(h) The child's or youth's attachment to the child's or youth's caregiver at the time of the hearing and the possible effects on the child's or youth's emotional well-being if the child or youth is removed from the caregiver's home. However, placement with a child's or youth's relative or kin should not be denied based solely upon the ordinary bonding and attachment to a foster parent as a result of time spent in the home. The court shall consider the number of prior placements, the child's or youth's mental, physical, and emotional needs, and any subsequent caregivers' ability to provide emotional and psychological support when considering a change of placement.

(i) The child's or youth's preference regarding placement.

(7) (a) If a child's parent is incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail, and the parent has maintained a meaningful and safe relationship with the child while incarcerated, the court shall make findings regarding whether a permanent placement for the child exists that permits the parent to maintain a relationship with the child, including guardianship or allocation of parental responsibilities, giving primary consideration to the child's mental, physical, and emotional needs. If the proposed permanent placement would require the child to transfer to another placement, the court shall consider the factors in subsection (6) of this section in making its determination.

(b) In making a determination whether the parent who is incarcerated has maintained a meaningful and safe relationship with the child, the court shall give primary consideration to the child's mental, emotional, and physical needs, and whether the involvement of the parent who is incarcerated in the child's life serves the child's best interests. The court shall not find that the parent's incarceration is the sole reason that a relationship with the parent is not in the child's best interests, and shall consider the parent's efforts to comply with the treatment plan under the circumstances of incarceration.
C.R.S. § 19-7-301 — CO Code / Title 19 / Article 7 / Part 3 / Section 19-7-301
19-7-301. Legislative declaration
Status: in_force

19-7-301. Legislative declaration. (1) The general assembly finds and declares that:

(a) Each year, for a variety of reasons, more than two hundred youth, ages eighteen to twenty-one, exit Colorado's foster care system without an established permanent home or a stable support network;

(b) These youth typically do not have the same safety nets, supportive adults, and support networks as other youth their age;

(c) Many of these youth will face challenges as they search for affordable housing, pursue higher education or training, search for employment, manage tight budgets, take care of health needs, and more;

(d) Youth who are making the transition out of foster care into independent living face not only the typical developmental changes and new experiences that are common to youth but also the dramatic change from being under the county's care to being on their own, many without any support systems to help them succeed;

(e) Additionally, many of these youth are dealing with the long-term consequences of trauma related to their experience with abuse, neglect, removal, or overall lack of resources;

(f) The array of services and supports available to youth while they are in the foster care system, including housing, food, health care, and caseworker support, diminish when the youth exit the foster care system; and

(g) Available research shows that emancipating youth benefit from extended foster care services and supports until age twenty-one, and community-based supports through early adulthood, but for the benefits of such services and supports to last, youth in foster care need developmentally appropriate services, including freedom to test their independence and to make mistakes with proportional consequences and a reasonable safety net.

(2) Therefore, the general assembly declares that by establishing a voluntary transitional foster care program, allowing youth to reenter the state's foster care system through a foster youth in transition program, and ensuring equitable access to less restrictive supports in the community, the state can better meet the needs of those youth who are making the transition from foster care to successful adulthood.
C.R.S. § 19-2.5-1102 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1102
19-2.5-1102. Sentencing hearing
Status: in_force

19-2.5-1102. Sentencing hearing. (1) (a) After making a finding of guilt, the court shall hear evidence on the question of the proper disposition best serving the interests of the juvenile and the public. Such evidence includes but is not necessarily limited to the social study and other reports as provided in section 19-1-107.

(b) In cases in which the juvenile is adjudicated a juvenile delinquent for an act that constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), the court shall consider the juvenile's previous criminal and juvenile delinquency records, if any, set forth in the presentence investigation report prepared pursuant to section 19-2.5-1101 (1)(b) in determining the proper disposition for the juvenile and the public.

(2) If the court has reason to believe that the juvenile may have an intellectual and developmental disability, the court shall refer the juvenile to the case management agency, as defined in section 25.5-6-1702, in the defined service area where the action is pending for an eligibility determination pursuant to article 10.5 of title 27. If the court has reason to believe that the juvenile may have a behavioral or mental health disorder, the court shall order a mental health placement prescreening to be conducted in any appropriate place.

(3) If the court receives a mental health screening or mental health assessment pursuant to section 19-2.5-612 determining that the juvenile could benefit from mental health services, or the court already has sufficient information to determine that the juvenile could benefit from mental health services, the court may order mental health services as a part of the disposition.

(4) (a) The court may continue the sentencing hearing, either on its own motion or on the motion of any interested party, for a reasonable period to receive reports or other evidence; except that the court shall determine sentencing within forty-nine days after completion of the adjudicatory trial.

(b) If the hearing is continued, the court shall make an appropriate order for detention of the juvenile or for the juvenile's release in the custody of the juvenile's parents, guardian, or other responsible person or agency under such conditions of supervision as the court may impose during the continuance.

(c) In scheduling investigations and hearings, the court shall give priority to proceedings concerning a juvenile who is in detention or who has otherwise been removed from the home before an order of disposition has been made.

(5) In any case in which the sentence is placement out of the home, except for juveniles committed to the department of human services, the court shall, at the time of placement, set a review within ninety-one days to determine if continued placement is necessary and is in the best interest of the juvenile and of the community. The court shall give notice of the review to all parties and to the director of the facility or agency in which the juvenile is placed and any person who has physical custody of the juvenile and any attorney or guardian ad litem of record.
C.R.S. § 19-2.5-1119 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1119
19-2.5-1119. Genetic testing of adjudicated offenders - definitions
Status: repealed

19-2.5-1119. Genetic testing of adjudicated offenders - definitions. (1) Beginning July 1, 2007, each of the following adjudicated offenders shall submit to collection and a chemical testing of the offender's biological substance sample to determine the offender's genetic markers, unless the offender has already provided a biological substance sample for such testing pursuant to a statute of this state:

(a) Every offender who, on or after July 1, 2007, is in the custody of the department of human services for a commitment imposed before that date, including an offender on parole, based on adjudication for an offense involving unlawful sexual behavior, or for which the underlying factual basis involved an offense involving unlawful sexual behavior. The department shall collect the sample as soon as possible.

(b) Every offender who, on or after July 1, 2007, is on probation or supervision for a sentence that was imposed before that date, or is on a deferred adjudication that was before that date, for an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior. The judicial department shall collect the sample at least thirty-five days prior to the offender's scheduled termination of probation, supervision, or deferred adjudication.

(c) Every offender who, on or after July 1, 2007, is in a county jail or a community corrections facility for a sentence imposed before that date based on adjudication for an offense that would constitute a felony if committed by an adult. The sheriff or the community corrections program shall collect the sample at least thirty-five days prior to the offender's release from the custody of the county jail or community corrections facility.

(d) Every offender who, on or after July 1, 2007, is in a county jail or a community corrections facility for a sentence imposed before that date based on adjudication for a misdemeanor offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior. The sheriff or the community corrections program shall collect the sample at least thirty-five days prior to the offender's release from the custody of the county jail or community corrections facility.

(e) Every offender sentenced on or after July 1, 2007, for an offense that would constitute a felony if committed by an adult. This subsection (1)(e) does not apply to an offender granted a deferred adjudication, unless otherwise required to submit to a sample pursuant to this section or unless the deferred adjudication is revoked and a sentence is imposed. The sample must be collected:

(I) From an offender committed to the department of human services, by the department during the intake process but in any event within thirty-five days after the offender is received by the department;

(II) From an offender sentenced to county jail or to community corrections, by the sheriff or by the community corrections program within thirty-five days after the offender is received into the custody of the county jail or the community corrections facility;

(III) From an offender sentenced to probation, by the judicial department within thirty-five days after the offender is placed on probation; and

(IV) From an offender who receives any other sentence, by the judicial department within thirty-five days after the offender is sentenced.

(f) Every offender who, on or after July 1, 2007, is sentenced for an adjudication of, or who receives a deferred adjudication for, an offense involving unlawful sexual behavior or for which the underlying factual basis involves unlawful sexual behavior. The sample must be collected:

(I) From an offender committed to the department of human services, by the department during the intake process but in any event within thirty-five days after the offender is received by the department;

(II) From an offender sentenced to county jail or community corrections, by the sheriff or by the community corrections facility within thirty-five days after the offender is received into the custody of the county jail or the community corrections facility;

(III) From an offender sentenced to probation, by the judicial department within thirty-five days after the offender is placed on probation;

(IV) From an offender who receives a deferred adjudication, by the judicial department within thirty-five days after the offender is granted the deferred adjudication; and

(V) From an offender who receives any other sentence, by the judicial department within thirty-five days after the offender is sentenced.

(2) An order for payment toward the cost of care entered by the court pursuant to subsection (1) of this section constitutes a judgment enforceable by the state or the governmental agency that would otherwise incur the cost of care for the juvenile in the same manner as are civil judgments.

(a) "Adjudicated" means having received a verdict of guilty by a judge or jury or having pled guilty or nolo contendere. Except where otherwise indicated, "adjudicated" does not include deferred adjudication unless the deferred adjudication is revoked and a sentence is imposed.

(b) "Unlawful sexual behavior" has the same meaning as in section 16-22-102 (9).

(3) The judicial department, the department of human services, a sheriff, or a contractor may:

(a) Use reasonable force to obtain biological substance samples in accordance with this section using medically recognized procedures. In addition, an offender's refusal to comply with this section may be grounds for revocation or denial of parole, probation, or deferred adjudication.

(b) Collect biological substance samples notwithstanding that the collection was not accomplished within an applicable deadline set forth in this section.

(4) Repealed.

(5) The Colorado bureau of investigation shall conduct the chemical testing of the biological substance samples obtained pursuant to this section. The Colorado bureau of investigation shall file and maintain the results of the chemical testing of biological samples obtained pursuant to this section and shall furnish the results to a law enforcement agency upon request. The Colorado bureau of investigation shall store and preserve all biological substance samples obtained pursuant to this section.

(6) A juvenile must not be charged a processing fee for the procurement and analysis of samples described in this section.
C.R.S. § 19-2.5-1512 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1512
19-2.5-1512. Use of juvenile detention beds
Status: in_force

19-2.5-1512. Use of juvenile detention beds. A juvenile committed to the department of human services pursuant to article 3 of this title 19 must not be placed in a juvenile detention bed unless the juvenile is subject to an action proceeding pursuant to this article 2.5.
C.R.S. § 19-2.5-705 — CO Code / Title 19 / Article 2.5 / Part 7 / Section 19-2.5-705
19-2.5-705. Restoration to competency hearing
Status: in_force

19-2.5-705. Restoration to competency hearing. (1) The court may order a restoration to competency hearing, as defined in section 19-2.5-701.5, at any time on its own motion, on motion of the prosecuting attorney, or on motion of the juvenile. The court shall order a restoration of competency hearing if a competency evaluator with the qualifications described in section 19-2.5-703 (4)(b) files a report certifying that the juvenile is competent to proceed.

(2) At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by a preponderance of the evidence is on the party asserting that the juvenile is competent.

(3) At the restoration to competency hearing, the court shall determine whether the juvenile has achieved or is restored to competency.
C.R.S. § 19-2.5-208 — CO Code / Title 19 / Article 2.5 / Part 2 / Section 19-2.5-208
19-2.5-208. Petty tickets - summons - contracts - data
Status: in_force

19-2.5-208. Petty tickets - summons - contracts - data. (1) (a) If a law enforcement officer contacts a juvenile ten years of age or older for a delinquent act that would be a petty offense if committed by an adult or a municipal ordinance violation, the officer may issue the juvenile a petty ticket that requires the juvenile to go through an assessment process or procedure as designated by the municipal, county, or district court, including assessment by a law enforcement officer, assessment officer, or a screening team, referred to in this section as the "screening entity". When a petty ticket is issued, an assessment officer or screening team officer shall offer a petty offense contract to the juvenile and the juvenile's parent or legal guardian if:

(I) The juvenile has no prior adjudication or non-traffic conviction in a municipal, county, juvenile, or district court;

(II) The alleged offense would be a class 1, class 2, or unclassified petty offense;

(III) The juvenile admits to the offense; and

(IV) The petty offense contract is in the best interests of the juvenile.

(b) If the juvenile is otherwise eligible for a petty offense contract pursuant to this subsection (1), but the screening entity finds that the issuance of a petty offense contract is not in the best interests of the juvenile, the screening entity shall state the reasons in writing. The screening entity shall provide a copy of the written statement to the juvenile and shall maintain a copy of the written statement. If there is no agreement resulting in a signed contract pursuant to this section, the prosecuting attorney may file a petition of delinquency.

(2) Every contract entered into pursuant to this section must be in writing and contain the following:

(a) Consent to the contract terms by the juvenile and the juvenile's parent or legal guardian;

(b) An agreement to pay restitution, when applicable;

(c) An agreement to perform useful community service, when applicable;

(d) An agreement to attend school unless the juvenile is in a certified home study program or is otherwise legally excused from such attendance;

(e) A requirement of restorative justice practices, when appropriate;

(f) A requirement that the juvenile not commit a delinquent act during the term of the contract; and

(g) Any other conditions determined appropriate by the screening entity.

(3) The term of the contract may not exceed ninety-one days; except that the contract may be extended for an additional thirty-five days for good cause.

(4) Upon the successful completion of the contract to the satisfaction of the screening entity, the juvenile is released from any further obligation, and the prosecuting attorney shall not file a petition in delinquency for the admitted act. The completed contract remains confidential except to the ticketing agency, the screening and supervisory entity, the juvenile, and the juvenile's parent or legal guardian.

(5) (a) If a juvenile fails to comply with a written condition of the contract within a specific time designated in the contract, the prosecuting attorney may file charges with the court. The contract and any statements contained in the contract or made by the juvenile to the screening entity administering the contract must not be used against the juvenile.

(b) If there is no agreement resulting in a signed contract, any statement made by the juvenile to the screening entity administering the assessment must not be used against the juvenile.

(c) Notwithstanding subsections (5)(a) and (5)(b) of this section, statements or admissions of a juvenile contained in the contract or made by the juvenile to the screening entity are admissible into evidence, if the juvenile makes any deliberate misrepresentations affecting the applicability or requirements of this section.

(6) (a) Each law enforcement agency that issues petty offense tickets pursuant to this section shall maintain annual data on the number of tickets issued and the age, ethnicity, gender, and final disposition for each ticket.

(b) The data collected pursuant to subsection (6)(a) of this section is public and must be made available upon request.