C.R.S. § 19-1-103 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-103
19-1-103. Definitions
Status: repealed

19-1-103. Definitions. As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires:

(1) (a) "Abuse" or "child abuse or neglect", as used in part 3 of article 3 of this title 19, means an act or omission in one of the following categories that threatens the health or welfare of a child:

(I) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained, the history given concerning such condition is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition may not be the product of an accidental occurrence;

(II) Any case in which a child is subjected to unlawful sexual behavior as defined in section 16-22-102 (9);

(III) Any case in which a child is in need of services because the child's parent, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subsection (1)(a)(III) are subject to the provisions of section 19-3-103.

(IV) Any case in which a child is subjected to emotional abuse. As used in this subsection (1)(a)(IV), "emotional abuse" means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development.

(V) Any act or omission described in section 19-3-102 (1)(a), (1)(b), or (1)(c);

(VI) Any case in which, in the presence of a child, or on the premises where a child is found, or where a child resides, a controlled substance, as defined in section 18-18-102 (5), is manufactured or attempted to be manufactured;

(VII) Any case in which a child is born affected by alcohol or substance exposure, except when taken as prescribed or recommended and monitored by a licensed health-care provider, and the newborn child's health or welfare is threatened by substance use;

(VIII) Any case in which a child is subjected to human trafficking of a minor for involuntary servitude, as described in section 18-3-503, or human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2).

(b) In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates, including but not limited to accepted work-related practices of agricultural communities. Nothing in this subsection (1) refers to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2.5-209 that are performed by a peace officer, as described in section 16-2.5-101, acting in the good-faith performance of the officer's duties.

(2) "Adjudication" has the same meaning as set forth in section 19-2.5-102.

(3) "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition in dependency and neglect are supported by the evidence.

(4) "Adjudicatory trial" means a trial to determine whether the allegations of a petition in delinquency are supported by the evidence.

(5) "Administrative review" means a review conducted by the department of human services that is open to the participation of the parents of the child and conducted by an administrative reviewer who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.

(6) "Adoptee", as used in part 3 of article 5 of this title 19, means a person who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.

(7) (a) "Adoption record", as used in part 3 of article 5 of this title 19, with the exception of section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information:

(I) The adoptee's original birth certificate and amended birth certificate;

(II) The final decree of adoption;

(III) Nonidentifying information, as defined in subsection (103) of this section;

(IV) The final order of relinquishment; and

(V) The order of termination of parental rights.

(b) "Adoption record", as used in section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information, without redaction:

(I) The adoptee's original birth certificate and amended birth certificate;

(II) The final decree of adoption;

(III) Any identifying information, such as the name of the adoptee before placement in adoption; the name and address of each birth parent as they appear in the birth records; the name, address, and contact information of the adult adoptee; and the current name, address, and contact information of each birth parent, if known, or other information that might personally identify a birth parent;

(IV) Any nonidentifying information, as defined in subsection (103) of this section;

(V) The final order of relinquishment; and

(VI) The order of termination of parental rights.

(c) "Adoption record", as used in either subsection (7)(a) or (7)(b) of this section, must not include pre-relinquishment counseling records, which must remain confidential.

(8) "Adoption triad" means the three parties involved in an adoption: The adoptee, the birth parent, and the adoptive parent.

(9) "Adoptive parent", as used in parts 3 and 4 of article 5 of this title 19, means an adult who has become a parent of a minor through the legal process of adoption.

(10) "Adult" means a person eighteen years of age or older; except that any person eighteen years of age or older who is under the continuing jurisdiction of the court, who is before the court for an alleged delinquent act committed prior to the person's eighteenth birthday, or concerning whom a petition has been filed for the person's adoption other than pursuant to this title 19 must be referred to as a juvenile.

(11) "Adult adoptee", as used in parts 3 and 4 of article 5 of this title 19, means an individual who is eighteen years of age or older and who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.

(12) "Appropriate treatment plan", as used in section 19-3-508 (1)(e), means a treatment plan approved by the court that is reasonably calculated to render the particular respondent fit to provide adequate parenting to the child within a reasonable time and that relates to the child's needs.

(13) "Assessment center for children", as used in part 3 of this article 1, means a multi-disciplinary, community-based center that provides services to children and their families, including, but not limited to, detention, screening, case management, and therapeutic intervention relating to delinquency, abuse or neglect, family conflict, and truancy.

(14) "Basic identification information", as used in article 2.5 of this title 19, means the name, place and date of birth, last-known address, social security number, occupation and address of employment, last school attended, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person.

(15) "Biological parent" or "birth parent", as used in part 3 of article 5 of this title 19, means a parent, by birth, of an adopted person.

(16) "Biological sibling", as used in part 3 of article 5 of this title 19, means a sibling, by birth, of an adopted person. "Biological sibling", as used in part 3 of article 5 of this title 19, for purposes of the definition of sibling group, as defined in subsection (127) of this section, means a brother, sister, or half-sibling of a child who is being placed in foster care or being placed for adoption.

(17) "Birth parents", as used in part 4 of article 5 of this title 19, means genetic, biological, or natural parents whose rights were voluntarily or involuntarily terminated by a court or otherwise. "Birth parents" includes a man who is the parent of a child as established in accordance with the provisions of the "Uniform Parentage Act", article 4 of this title 19, prior to the termination of parental rights.

(18) Repealed.

(19) "Case management purposes" means assessments, evaluations, treatment, education, proper disposition or placement of the child, interagency coordination, and other services that are incidental to the administration of the program and in the best interests of the child.

(20) "Chief justice", as used in part 3 of article 5 of this title 19, means the chief justice of the Colorado supreme court.

(21) "Child" means a person under eighteen years of age.

(22) Repealed.

(23) "Child advocacy center", as used in part 3 of article 3 of this title 19, means a center that provides a comprehensive multidisciplinary team response to allegations of child abuse or neglect in a dedicated, child-friendly setting. The team response to allegations of child abuse or neglect includes but is not limited to technical assistance for forensic interviews, forensic medical examinations, mental health and related support services, consultation, training, and education.

(24) "Child care center" means a child care center licensed and approved pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5. If the facility is located in another state, the department of human services or the department of early childhood, as appropriate, shall designate, upon certification, that an appropriate available space does not exist in a child care facility in this state, and the facility must be licensed or approved as required by law in that state.

(25) "Child placement agency" means an agency licensed or approved pursuant to law. If such agency is located in another state, it must be licensed or approved as required by law in that state.

(26) "Child protection team", as used in part 3 of article 3 of this title 19, means a multidisciplinary team consisting, where possible, of a physician; a representative of the juvenile court or the district court with juvenile jurisdiction; a representative of a local law enforcement agency; a representative of the county department of human or social services; a representative of a mental health clinic; a representative of a county, district, or municipal public health agency; an attorney; a representative of a public school district; and one or more representatives of the lay community, at least one of whom must be a person who serves as a foster parent in the county. Each public agency may have more than one participating member on the team; except that, in voting on procedural or policy matters, each public agency has only one vote. In no event must an attorney member of the child protection team be appointed as guardian ad litem or counsel for youth for the child or youth or as counsel for the parents at any subsequent court proceedings. The child protection team must never be composed of fewer than three persons. When any racial, ethnic, or linguistic minority group constitutes a significant portion of the population of the jurisdiction of the child protection team, a member of each such minority group must serve as an additional lay member of the child protection team. At least one of the preceding members of the team must be chosen on the basis of representing low-income families. The role of the child protection team is advisory only.

(27) Repealed.

(28) "Commercial sexual exploitation of a child" means a crime of a sexual nature committed against a child for financial or other economic reasons.

(29) "Commit", as used in article 2.5 of this title 19, means to transfer legal custody.

(30) "Community placement" means the placement of a child for whom the department of human services or a county department has placement and care responsibility pursuant to article 2.5 or 3 of this title 19 in any licensed or certified twenty-four-hour nonsecure care and treatment facility away from the child's parent or guardian. "Community placement" includes but is not limited to placement in a foster care home, group home, residential child care facility, or residential treatment facility.

(31) "Complainant", as used in section 19-3-211, means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department of human or social services in accordance with the provisions of section 19-3-211.

(32) "Confidential intermediary", as used in part 3 of article 5 of this title 19, means a person twenty-one years of age or older who has completed a training program for confidential intermediaries that meets the standards set forth by the commission pursuant to section 19-5-303 and who is authorized to inspect confidential relinquishment and adoption records at the request of an adult adoptee, adoptive parent, biological parent, or biological sibling.

(33) "Confirmed", as used in part 3 of article 3 of this title 19, means any report made pursuant to article 3 of this title 19 that is found by a county department of human or social services, law enforcement agency, or entity authorized to investigate institutional abuse to be supported by a preponderance of the evidence.

(34) "Consent", as used in part 3 of article 5 of this title 19, means voluntary, informed, written consent. When used in the context of confidential intermediaries, "consent" always must be preceded by an explanation that consent permits the confidential intermediary to arrange a personal contact among biological relatives. "Consent" may also mean the agreement for contact or disclosure of records by any of the parties identified in section 19-5-304 (2) as a result of an inquiry by a confidential intermediary pursuant to section 19-5-304.

(35) "Consent form", as used in section 19-5-305 (3), means a verified written statement signed by an adult adoptee or an adult adoptee's consenting birth parent or an adoptive parent of a minor adoptee, and notarized, and that authorizes the release of adoption records or identifying information, to the extent available, by a licensed child placement agency.

(36) "Contact information" means information supplied voluntarily by a birth parent on a contact preference form, including the name of the birth parent at the time of relinquishment of the adoptee; the alias, if any, used at the time of relinquishment of the adoptee; and the current name, current address, and current telephone number of the birth parent.

(37) "Contact preference form" means a written statement signed by a birth parent indicating whether the birth parent prefers future contact with an adult adoptee, an adult descendant of the adoptee, or a legal representative of the adoptee or the descendant and, if contact is preferred, whether the contact should be through a confidential intermediary or a designated employee of a child placement agency.

(38) "Continuously available", as used in section 19-3-308 (4), means the assignment of a person to be near an operable telephone not necessarily located on the premises ordinarily used for business by the county department of human or social services or to have such arrangements made through agreements with local law enforcement agencies.

(39) "Convicted" or "conviction", as used in section 19-5-105.5, means a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence pursuant to section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court, or having received a disposition as a juvenile or having been adjudicated a juvenile delinquent based on the commission of any act that constitutes sexual assault, as defined in subsection (124) of this section.

(40) "Cost of care" means the cost to the department of human services or the county department of human or social services for a child placed out of the home; or the cost to the department of human services or the county department of human or social services charged with the custody of the juvenile for providing room, board, clothing, education, medical care, and other normal living expenses for a child placed out of the home; or the cost to the department of human services or the county department of human or social services for a juvenile sentenced to a placement out of the home as determined by the court. As used in this title 19, "cost of care" also includes any costs associated with maintenance of a juvenile in a home detention program, supervision of probation when the juvenile is granted probation, or supervision of parole when the juvenile is placed on parole.

(41) "Counsel" means an attorney-at-law who acts as a person's legal advisor or who represents a person in court.

(41.5) "Counsel for youth" means an attorney-at-law who provides specialized client-directed legal representation for a child or youth and who owes the same duties, including undivided loyalty, confidentiality, and competent representation, to the child or youth as is due an adult client. "Counsel for youth" does not mean defense counsel for a juvenile pursuant to article 2.5 of this title 19.

(42) "County attorney" means the office of the county attorney or city attorney representing a county or a city and county and includes the attorneys employed or retained by such county or city and county.

(43) (a) "County department", as used in this article 1; part 2, part 3, and part 7 of article 3 of this title 19; part 2 of article 5 of this title 19; and part 3 of article 7 of this title 19, means the county or district department of human or social services.

(b) "County department" means a county or a city and county department of human or social services.

(44) "County director", as used in section 19-3-211 and part 3 of article 3 of this title 19, means the county director or district director appointed pursuant to section 26-1-117.

(45) "Court", as used in part 3 of article 5 of this title 19, means any court of record with jurisdiction over the matter at issue.

(46) "Court-appointed special advocate" or "CASA volunteer" means a volunteer appointed by a court pursuant to part 2 of this article 1 to assist in advocacy for children.

(47) "Court-appointed special advocate program" or "CASA program" means a program established pursuant to part 2 of this article 1.

(48) "Criminal justice agency", as used in this section, has the same meaning as set forth in section 24-72-302 (3).

(49) "Custodial adoption", as used in part 2 of article 5 of this title 19, means an adoption of a child by any person and the person's spouse, as required pursuant to section 19-5-202 (3), who:

(a) Has been awarded custody or allocated parental responsibilities by a court of law in a dissolution of marriage, custody or allocation of parental responsibilities proceeding, or has been awarded guardianship of the child by a court of law in a probate action, such as pursuant to part 2 of article 14 of title 15; and

(b) Has had physical custody of the child for a period of one year or more.

(50) "Custodian" means a person who has been providing shelter, food, clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court.

(51) (a) (I) "Custodian of records", as used in sections 19-5-305 (2) and 19-5-305.5, means any of the following individuals or entities that have custody of records relating to the relinquishment or adoption of a child:

(A) A court;

(B) A state agency; or

(C) The legal agent or representative of any entity described in subsections (51)(a)(I)(A) and (51)(a)(I)(B) of this section.

(II) "Custodian of records", as used in sections 19-5-305 (2) and 19-5-305.5, does not include a licensed child placement agency.

(b) "Custodian of records", as used in section 19-5-109, means an entity that has custody of records relating to the relinquishment of a child, including a court, state agency, licensed child placement agency, maternity home, or the legal agent or representative of any such entity.

(52) "Delinquent act", as used in article 2.5 of this title 19, means a violation of any statute, ordinance, or order enumerated in section 19-2.5-103. If a juvenile is alleged to have committed or is found guilty of a delinquent act, the classification and degree of the offense is determined by the statute, ordinance, or order that the petition alleges was violated. "Delinquent act" does not include truancy or habitual truancy.

(53) "Department" or "state department" means the state department of human services created in section 24-1-120.

(53.5) "Dependent on the court" means a youth is under the juvenile court's jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in subsection (1) of this section; and the youth is in need of oversight and supportive services as determined by the court.

(54) "Designated adoption" means an adoption in which:

(a) The birth parent or parents designate a specific applicant with whom they wish to place their child for purposes of adoption; and

(b) The anonymity requirements of section 19-1-309 are waived.

(55) "Detention" means the temporary care of a child who requires secure custody in physically restricting facilities pending court disposition or an execution of a court order for placement or commitment.

(55.5) "Diminished capacity" means a child or youth who lacks sufficient capacity to communicate or make considered decisions adequately in connection with the child's or youth's legal representation. Age or developmental maturity must not be the sole basis for a determination of diminished capacity.

(56) "Director", as used in article 2.5 of this title 19, is defined in section 19-2.5-102.

(57) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(58) "Dispositional hearing" means a hearing to determine what order of disposition should be made concerning a child who is neglected or dependent. The hearing may be part of the proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing.

(59) "Diversion" has the same meaning as set forth in section 19-2.5-102.

(60) "Division of youth services" or "division" means the division of youth services, created in section 19-2.5-1501.

(61) "Donor", as used in article 4 of this title 19, means an individual who produces eggs or sperm used for an assisted reproductive procedure, whether or not for consideration. "Donor" does not include an intended parent pursuant to section 19-4-106 (1) or (5) or section 19-4.5-109 or a spouse or civil union partner who provides reproductive tissue to be used for an assisted reproductive procedure by the other spouse or civil union partner.

(61.5) "Effective communication" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and its related amendments and implementing regulations.

(62) "Executive director", as used in article 3.3 of this title 19 and part 3 of article 7 of this title 19, means the executive director of the department of human services.

(63) "Expungement", as used in section 19-1-306, means the designation of juvenile delinquency records whereby such records are deemed never to have existed.

(64) "Family child care home" means a family child care home licensed and approved pursuant to part 3 of article 5 of title 26.5. If the facility is located in another state, the department of early childhood shall designate, upon certification, that an appropriate available space does not exist in a facility in this state. An out-of-state family child care home must be licensed or approved as required by law in that state.

(64.5) "Family time" means any form of contact or engagement between parents, legal custodians, guardians, siblings, and children or youth for the purposes of preserving and strengthening family ties.

(65) "Fire investigator" means a person who:

(a) Is an officer or member of a fire department, fire protection district, or firefighting agency of the state or any of its political subdivisions;

(b) Is engaged in conducting or is present for the purpose of engaging in the conduct of a fire investigation; and

(c) Is either a volunteer or is compensated for services rendered by the person.

(66) "Foster care" means the placement of a child or youth into the legal custody or legal authority of a county department of human or social services for physical placement of the child or youth in a kinship care placement; supervised independent living placement, as defined in section 19-7-302; or certified or licensed facility, or the physical placement of a juvenile committed to the custody of the state department of human services into a community placement.

(67) "Foster care home" means a foster care home certified pursuant to part 9 of article 6 of title 26.

(68) "Foster care prevention services" means mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal "Family First Prevention Services Act" that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement.

(69) "Governing body", as used in section 19-3-211, means the board of county commissioners of a county or the city council of a city and county.

(70) (a) "Grandparent" means a person who is the parent of a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage.

(b) Repealed.

(71) Repealed.

(72) "Grievance", as used in section 19-3-211, means a dispute between a complainant and a county department of human or social services concerning the conduct of county department personnel in performing their duties pursuant to article 3 of this title 19.

(73) "Group care facilities and homes" means places other than foster family care homes providing care for small groups of children. Group care facilities and homes are licensed as provided in part 9 of article 6 of title 26 or meet the requirements of section 25.5-10-214.

(74) "Guardian ad litem" means a person appointed by a court to act in the best interests of a person whom the person appointed is representing in proceedings pursuant to this title 19 and who, if appointed to represent a person in a dependency and neglect proceeding pursuant to article 3 of this title 19, must be an attorney-at-law licensed to practice in Colorado.

(75) "Guardianship of the person" means the duty and authority vested by court action to make major decisions affecting a child, including but not limited to:

(a) The authority to consent to marriage, to enlistment in the armed forces, and to medical or surgical treatment;

(b) The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning the child;

(c) The authority to consent to the adoption of a child when the parent-child legal relationship has been terminated by judicial decree; and

(d) The rights and responsibilities of legal custody when legal custody has not been vested in another person, agency, or institution.

(76) "Half-sibling" has the same meaning as set forth for "biological sibling" in subsection (16) of this section.

(77) "Human trafficking of a minor for involuntary servitude" means an act as described in section 18-3-503.

(78) "Human trafficking of a minor for sexual servitude" means an act as described in section 18-3-504 (2).

(79) "Identifying" means giving, sharing, or obtaining information.

(80) "Identifying information", as used in section 19-5-305 (3), means copies of any adoption records, as that term is defined in subsection (7) of this section, that are in the possession of the child placement agency. "Identifying information" also includes the name of the adoptee before placement in adoption; the name and address of each consenting birth parent as they appear in the birth records; the current name, address, and telephone number of the adult adoptee; and the current name, address, and telephone number of each consenting birth parent to the extent such information is available to the child placement agency.

(81) "Imminent placement out of the home", as used in section 19-1-116 (2), means that without intercession the child will be placed out of the home immediately.

(82) "Independent living" means a form of placement out of the home arranged and supervised by the county department of human or social services where the child is established in a living situation designed to promote and lead to the child's emancipation. Independent living must only follow some other form of placement out of the home.

(83) "Indian child" means an unmarried person who is younger than eighteen years of age and who is either:

(a) A member of an Indian tribe; or

(b) Eligible for membership in an Indian tribe and who is the biological child of a member of an Indian tribe.

(84) "Indian child's tribe" means:

(a) The Indian tribe in which an Indian child is a member or eligible for membership; or

(b) In the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the most significant contacts.

(85) "Indian tribe" means an Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the federal governmental services provided to Indians because of their status as Indians.

(86) "Institutional abuse", as used in part 3 of article 3 of this title 19, means any case of abuse, as defined in subsection (1) of this section, that occurs in any public or private facility in the state that provides child care out of the home, supervision, or maintenance. "Institutional abuse" includes an act or omission that threatens the life, health, or welfare of a child or a person who is younger than twenty-one years of age who is under the continuing jurisdiction of the court pursuant to this title 19. "Institutional abuse" does not include abuse that occurs in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides extended day services, abuse that occurs while such services are provided is institutional abuse. As used in this subsection (86), "facility" means a residential child care facility, specialized group facility, foster care home, or any other facility licensed pursuant to part 9 of article 6 of title 26; family child care home licensed pursuant to part 3 of article 5 of title 26.5; noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department of human or social services; or a facility or community placement, as described in section 19-2.5-1502, for a juvenile committed to the custody of the department of human services. "Facility" does not include any adult detention or correctional facility.

(87) "Intrafamilial abuse", as used in part 3 of article 3 of this title 19, means any case of abuse, as defined in subsection (1) of this section, that occurs within a family context by a child's parent, stepparent, guardian, legal custodian, or relative; by a spousal equivalent, as defined in subsection (130) of this section; or by any other person who resides in the child's home or who is regularly in the child's home for the purpose of exercising authority over or care for the child; except that "intrafamilial abuse" does not include abuse by a person who is regularly in the child's home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.

(88) "Juvenile" means a child as defined in subsection (21) of this section.

(89) "Juvenile court" or "court" means the juvenile court of the city and county of Denver or the juvenile division of the district court outside of the city and county of Denver.

(90) "Juvenile delinquent" has the same meaning as set forth in section 19-2.5-102.

(91) "Kin" may be a relative of the child, a person ascribed by the family as having a family-like relationship with the child, or a person who has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child.

(92) "Kinship adoption", as used in part 2 of article 5 of this title 19, means an adoption of a child by a relative of the child and such relative's spouse, as required pursuant to section 19-5-202 (3), who:

(a) Is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first cousin; and

(b) Has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title 19.

(92.5) "Language access" means services provided by a court, the state department, a county department of human or social services, a city and county, or a private-entity contractor in the person's primary language for a person with limited English proficiency.

(93) "Law enforcement officer" means a peace officer, as described in section 16-2.5-101.

(94) (a) "Legal custody" means the right to the care, custody, and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or other extraordinary care. "Legal custody" may be taken from a parent only by court action.

(b) For purposes of determining the residence of a child as provided in section 22-1-102 (2)(b), guardianship is in the person to whom legal custody has been granted by the court.

(95) (a) "Legal representative", as used in sections 19-5-304 and 19-5-305, means the person designated by a court to act on behalf of any person described in section 19-5-304 (1)(b)(I) or 19-5-305 (2).

(b) For purposes of the term "legal representative", as used in sections 19-5-304 and 19-5-305 and as defined in subsection (95)(a) of this section, "legal guardian" does not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity.

(95.5) "Limited English proficiency" means the limited ability to speak, read, write, or understand the English language for a person whose primary language is not English.

(96) "Local law enforcement agency", as used in part 3 of article 3 of this title 19, means a police department in incorporated municipalities or the office of the county sheriff.

(97) "Locating" means engaging in the process of searching for or seeking out.

(98) "Mental health professional" means a person licensed to practice medicine or psychology in this state or any person on the staff of a facility designated by the executive director of the department of human services for seventy-two-hour treatment and evaluation who is authorized by the facility to do mental or behavioral health hospital placement prescreenings, as defined in section 19-2.5-102, and who is under the supervision of a person licensed to practice medicine or psychology in this state.

(99) "Need to know", as used in section 19-1-303, means agencies or individuals who need access to certain information for the care, treatment, supervision, or protection of a child.

(100) (a) "Neglect", as used in part 3 of article 3 of this title 19, means acts that can reasonably be construed to fall under the definition of "child abuse or neglect" as defined in subsection (1) of this section.

(b) A child is not neglected when allowed to participate in independent activities that a reasonable and prudent parent, guardian, or legal custodian would consider safe given the child's maturity, condition, and abilities, including but not limited to activities such as:

(I) Traveling to and from school, including walking, running, bicycling, or other similar mode of travel;

(II) Traveling to and from nearby commercial or recreational facilities;

(III) Engaging in outdoor play; and

(IV) Remaining in a home or other location that a reasonable and prudent parent, guardian, or legal custodian would consider safe for the child.

(101) "Newborn child" means a child who is less than seventy-two hours old.

(102) "Noncertified kinship care" means a child is being cared for by a relative or kin who has a significant relationship with the child in circumstances when there is a safety concern by a county department of human or social services and where the relative or kin has not met the foster care certification requirements for a kinship foster care home or has chosen not to pursue that certification process.

(103) "Nonidentifying information", as used in part 4 of article 5 of this title 19, means information that does not disclose the name, address, place of employment, or any other material information that would lead to the identification of the birth parents and that includes but is not limited to the following:

(a) The physical description of the birth parents;

(b) The educational background of the birth parents;

(c) The occupation of the birth parents;

(d) Genetic information about the birth family;

(e) Medical information about the adult adoptee's birth;

(f) Social information about the birth parents; and

(g) The placement history of the adoptee.

(104) "Nonpublic agency interstate and foreign adoption", as used in section 19-5-205.5, means an interstate or foreign adoption that is handled by a private, licensed child placement agency.

(105) (a) "Parent" means either a natural parent of a child, as may be established pursuant to article 4 of this title 19, or a parent by adoption.

(b) "Parent", as used in sections 19-1-114, 19-2.5-501, and 19-2.5-611, includes a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. For the purposes of section 19-1-114, "parent" does not include a person whose parental rights have been terminated pursuant to the provisions of this title 19 or the parent of an emancipated minor.

(106) "Permanency hearing" means a hearing in which the permanency plan for a child in foster care is determined by the court.

(107) "Placement out of the home" means placement for twenty-four-hour residential care in any facility or center operated or licensed by the department of human services, but "placement out of the home" does not include any placement that is paid for totally by private money or any placement in a home for the purposes of adoption in accordance with section 19-5-205. "Placement out of the home" may be voluntary or court ordered. "Placement out of the home" includes independent living.

(108) (a) "Post-adoption record", as used in part 3 of article 5 of this title 19, means information contained in the files subsequent to the completion of an adoption proceeding.

(b) The post-adoption record may contain information concerning but not limited to:

(I) The written inquiries from persons requesting access to records;

(II) The search efforts of the confidential intermediary;

(III) The response, if any, to those search efforts by the persons sought;

(IV) Any updated medical information gathered pursuant to part 3 of article 5 of this title 19; and

(V) Any personal identifying information concerning any persons subject to part 3 of article 5 of this title 19.

(109) Repealed.

(110) "Protective supervision" means a legal status created by court order under which the child is permitted to remain in the child's home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court.

(111) "Public adoption", as used in part 2 of article 5 of this title 19, means an adoption involving a child who is in the legal custody and guardianship of the county department of human or social services that has the right to consent to adoption for that child.

(112) "Qualified individual" means a trained professional or licensed clinician, as defined in the federal "Family First Prevention Services Act". "Qualified individual" must be approved to serve as a qualified individual according to the state plan. "Qualified individual" must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth and making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.

(113) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal "Family First Prevention Services Act", 42 U.S.C. sec. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child required in section 19-1-115 (4)(e)(I).

(114) "Reasonable efforts", as used in articles 1, 2.5, 3, and 7 of this title 19, means the exercise of diligence and care throughout the state of Colorado for children and youth who are in foster care or out-of-home placement or are at imminent risk of foster care or out-of-home placement. In determining whether it is appropriate to provide, purchase, or develop the supportive and rehabilitative services that are required to prevent unnecessary placement of a child or youth outside of a child's or youth's home or to foster the safe reunification of a child or youth with a child's or youth's family, as described in section 19-3-208, or whether it is appropriate to find and finalize an alternative permanent plan for a child or youth, and in making reasonable efforts, the child's or youth's health and safety are the paramount concern. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (114). Nothing in this subsection (114) is construed to conflict with federal law.

(115) Repealed.

(116) "Record", as used in section 19-4-106 and section 19-4.5-108, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(117) "Register of actions" means those portions of the electronic case management system necessary to carry out a statutory purpose or the duties of a court appointment.

(118) "Repeat juvenile offender" is described in section 19-2.5-1125.

(119) "Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parent after legal custody, guardianship of the person, or both, have been vested in another person, agency, or institution, including but not limited to the responsibility for support, the right to consent to adoption, the right to reasonable parenting time unless restricted by the court, and the right to determine the child's religious affiliation.

(120) "Responsible person", as used in part 3 of article 3 of this title 19, means a child's parent, legal guardian, or custodian or any other person responsible for the child's health and welfare.

(121) "Restorative justice" has the same meaning as set forth in section 19-2.5-102.

(122) "Reunited parties", as used in section 19-5-305, means any two persons who qualify as and meet any specified requirements for parties under the list of individuals in section 19-5-304 (1)(b)(I).

(123) "School", as used in sections 19-1-303 and 19-1-304, means a public or parochial or other nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one to twelve. "Basic academic education" has the same meaning as set forth in section 22-33-104 (2)(b).

(124) "Sexual assault", as used in sections 19-5-105, 19-5-105.5, and 19-5-105.7, means:

(a) "Sexual assault", as defined in section 18-3-402;

(b) "Sexual assault on a child", as defined in section 18-3-405;

(c) "Sexual assault on a child by one in a position of trust", as defined in section 18-3-405.3;

(d) "Sexual assault on a client by a psychotherapist", as defined in section 18-3-405.5; or

(e) "Unlawful sexual contact", as defined in section 18-3-404.

(125) "Sexual conduct", as used in section 19-3-304 (2.5), means any of the following:

(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;

(b) Penetration of the vagina or rectum by any object;

(c) Masturbation; or

(d) Sexual sadomasochistic abuse.

(126) "Shelter" means the temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement.

(127) "Sibling group", as used in articles 3 and 5 of this title 19, means biological siblings.

(128) "Special county attorney", as used in article 3 of this title 19, means an attorney hired by a county attorney or city attorney of a city and county or hired by a county department of human or social services with the concurrence of the county attorney or city attorney of a city and county to prosecute dependency and neglect cases.

(128.5) "Special immigrant juvenile status findings" includes:

(a) Declaring the child dependent or placing the child in the custody of an individual, agency, or department as appointed by the court;

(b) Determining that reunification of the child with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this section, "abandonment" includes, but is not limited to, the death of one or both parents.

(c) Determining that it is not in the best interests of the child to be returned to the child's or parents' previous country of nationality or country of last habitual residence.

(129) "Special respondent", as used in article 3 of this title 19, means any person who is not a parent, guardian, or legal custodian and who is voluntarily or involuntarily joined in a dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a treatment plan and for the grounds outlined in sections 19-3-502 (6) and 19-3-503 (4).

(130) "Spousal equivalent" means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent.

(131) "Standardized behavioral or mental health disorder screening" means the behavioral or mental health disorder screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102.

(132) "State board", as used in part 3 of article 3 of this title 19, means the state board of human services.

(133) "State department", as used in section 19-3-211, part 3 of article 3 of this title 19, article 3.3 of this title 19, and part 3 of article 7 of this title 19, means the department of human services created in section 24-1-120.

(134) "State registrar" means the state registrar of vital statistics in the department of public health and environment.

(135) "Status offense" has the same meaning as is defined in federal law in 28 CFR 31.304, as amended.

(136) "Stepparent" means a person who is married to a parent of a child but who has not adopted the child.

(137) "Temporary holding facility" means an area used for the temporary holding of a child from the time that the child is taken into temporary custody until a detention hearing is held, if it has been determined that the child requires a staff-secure setting. Such an area must be separated by sight and sound from any area that houses adult offenders.

(138) "Temporary shelter" means the temporary placement of a child, as described in section 19-3-403.5, with kin, as defined in subsection (91) of this section; with an adult with a significant relationship with the child; or in a licensed and certified twenty-four-hour care facility.

(139) "Termination of the parent-child legal relationship", as used in articles 3 and 5 of this title 19, means the permanent elimination by court order of all parental rights and duties, including residual parental rights and responsibilities, as provided in section 19-3-608.

(140) "Third-party abuse", as used in part 3 of article 3 of this title 19, means a case in which a child is subjected to abuse, as defined in subsection (1) of this section, by any person who is not a parent; stepparent; guardian; legal custodian; spousal equivalent, as defined in subsection (130) of this section; or any other person not included in the definition of "intrafamilial abuse", as defined in subsection (87) of this section.

(141) "Trauma-informed" refers to the services to be provided to or on behalf of a child or youth under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma's consequences and facilitate healing.

(142) Repealed.

(143) "Updated medical history statement" means a written narrative statement dated and signed by a birth parent about the medical history of the birth parent or other biological relatives of the adoptee that can be voluntarily submitted by the birth parent to the state registrar for future disclosure to the birth parent's adult child who is an adult adoptee or an adult descendant of the adoptee or legal representative of such person in accordance with the provisions of section 19-5-305 (1.5).

(144) (a) "Victim", as used in this title 19 and except as provided in subsection (144)(b) of this section, has the same meaning as set forth in section 19-2.5-102.

(b) "Victim", as used in section 19-5-105.5, means any natural person against whom a crime of sexual assault or a crime in which the underlying factual basis was sexual assault is perpetrated or is alleged to have been perpetrated.

(145) "Youth" means an individual who is less than twenty-one years of age.
C.R.S. § 19-2.5-608 — CO Code / Title 19 / Article 2.5 / Part 6 / Section 19-2.5-608
19-2.5-608. Fingerprinting - ordered by court - definition
Status: in_force

19-2.5-608. Fingerprinting - ordered by court - definition. (1) For purposes of this section, "juvenile" means any juvenile who is charged with committing, summoned, or held in detention for committing a delinquent act that constitutes a felony, a class 1 misdemeanor, or a misdemeanor pursuant to section 42-4-1301 or a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3 (1), as if committed by an adult.

(2) If a juvenile has not been fingerprinted prior to the juvenile's first appearance before the court, the court shall order the juvenile to report to an entity authorized by the court or the local law enforcement agency for fingerprinting, except for juvenile detention centers and alternative service programs, otherwise known as "SB 91-94 programs", described in section 19-2.5-606. The authorized entity or local law enforcement agency shall endorse upon a copy of the order the completion of the fingerprinting and return the same to the court. The authorized entity or local law enforcement agency shall forward a set of fingerprints ordered pursuant to this subsection (2) to the Colorado bureau of investigation in the form and manner prescribed by the bureau.

(3) Any fingerprints required by this section to be forwarded to the Colorado bureau of investigation must be forwarded within twenty-four hours after completion of the fingerprinting, excluding Saturdays, Sundays, and legal holidays.
C.R.S. § 19-2.5-704 — CO Code / Title 19 / Article 2.5 / Part 7 / Section 19-2.5-704
19-2.5-704. Procedure after determination of competency or incompetency
Status: in_force

19-2.5-704. Procedure after determination of competency or incompetency. (1) If the court finally determines pursuant to section 19-2.5-703 that the juvenile is competent to proceed, the court shall order that the suspended proceeding continue or, if a mistrial has been declared, shall reset the case for trial at the earliest possible date.

(2) (a) If the court finally determines pursuant to section 19-2.5-703 that the juvenile is incompetent to proceed but may be restored to competency in the reasonably foreseeable future, the court shall stay the proceedings and order that the juvenile receive services designed to restore the juvenile to competency, based upon recommendations in the competency evaluation, unless the court makes specific findings that the recommended services in the competency evaluation are not justified. The court shall order that the restoration services ordered are provided in the least-restrictive environment, taking into account the public safety and the best interests of the juvenile, and that the provision of the services and the juvenile's participation in those services occur in a timely manner. The court shall hold a restoration progress review hearing at least every ninety-one days until competency is restored, unless the juvenile is in custody, in which event the court shall hold a restoration progress review hearing every thirty-five days to ensure the prompt provision of services in the least-restrictive environment. The court shall not maintain jurisdiction longer than the maximum possible sentence for the most serious offense, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday.

(b) Pursuant to section 27-60-105, the department is the entity responsible for the oversight of restoration education and coordination of services necessary to competency restoration.

(c) The court or a party may raise, at any time, the need for a restoration evaluation of a juvenile's competency. If raised, the court shall order a restoration evaluation only when there is credible information that the juvenile's circumstances have changed, the court cannot fairly determine whether the juvenile has been restored to competency or will be able to be restored to competency in the reasonably foreseeable future, and the cause for a restoration evaluation outweighs the negative impact of a restoration evaluation upon the juvenile and any delay that will be caused by a restoration evaluation. The court may hold a hearing to determine if a restoration evaluation must be ordered. If the court orders a restoration evaluation, such evaluation must meet the requirements of section 19-2.5-703 (4).

(2.5) (a) If the court finds a juvenile is incompetent to proceed and the juvenile has been incompetent to proceed for a period of time that exceeds the time limits set forth in this subsection (2.5), the court shall enter a finding that the juvenile is unrestorable to competency and shall determine whether a management plan for the juvenile is necessary pursuant to subsection (3)(a) of this section. The time limits are as follows:

(I) If the highest charged act constitutes a misdemeanor, a misdemeanor drug offense, a petty offense, or a traffic offense, and the juvenile is not restored to competency after a period of six months, the court shall find the juvenile unrestorable to competency;

(II) If the highest charged act constitutes a class 4, 5, or 6 felony, or a level 3 or 4 drug felony, and the juvenile is not restored to competency after a period of one year, the court shall find the juvenile unrestorable to competency;

(III) If the highest charged act constitutes a class 3 felony or a level 1 or 2 drug felony, except for a charge that constitutes an act that alleges the juvenile is an aggravated juvenile offender pursuant to section 19-2.5-1125 (4), and the juvenile is not restored to competency after a period of two years, the court shall find the juvenile unrestorable to competency; or

(IV) If the highest charged act constitutes a class 1 or 2 felony or for a charge that constitutes an act that alleges the juvenile is an aggravated juvenile offender pursuant to section 19-2.5-1125 (4) and the juvenile is not restored to competency after a period of five years, the court shall find the juvenile unrestorable to competency.

(b) Upon a motion from the prosecuting attorney filed prior to the expiration of the time limits set forth in subsection (2.5)(a) of this section, the court may extend the time limits set forth in subsection (2.5)(a) of this section for an additional three months if the court, after a hearing, makes factual findings that:

(I) The juvenile has failed to attend or substantially cooperate with restoration treatment;

(II) There is a reasonable likelihood of restoration in the foreseeable future if the juvenile cooperates with restoration treatment; and

(III) The juvenile's lack of cooperation is not the result of an intellectual and developmental disability, mental or behavioral health disorder, or a lack of mental capacity.

(c) Nothing in this subsection (2.5) precludes a court from determining a juvenile is unlikely to be restored to competency in the reasonably foreseeable future and entering an order that the juvenile is unrestorable to competency pursuant to subsection (3)(a) of this section through a competency hearing or restoration to competency hearing conducted at any time prior to the expiration of the time limits set forth in subsection (2.5)(a) of this section, based upon the available evidence.

(3) (a) If the court finally determines pursuant to section 19-2.5-703 or 19-2.5-703.5 that the juvenile is incompetent to proceed and cannot be restored to competency in the reasonably foreseeable future, the court shall enter an order finding the juvenile unrestorable to competency and shall determine whether a management plan for the juvenile is necessary, taking into account the public safety and the best interests of the juvenile. If the court determines a management plan is necessary, the court shall develop the management plan after ordering that the juvenile be placed in the least-restrictive environment, taking into account the public safety and best interests of the juvenile. If the court determines a management plan is unnecessary, the court may continue any treatment or plan already in place for the juvenile. The management plan must, at a minimum, address treatment for the juvenile, identify the party or parties responsible for the juvenile, and specify appropriate behavior management tools, if they are not otherwise part of the juvenile's treatment.

(b) The management plan may include:

(I) Placement options included in article 10.5 or 65 of title 27;

(II) A treatment plan developed by a licensed mental health professional;

(III) An informed supervision model;

(IV) Institution of a guardianship petition; or

(V) Any other remedy deemed appropriate by the court.

(c) If the charges are not dismissed earlier by the district attorney, the charges against a juvenile found to be incompetent and unrestorable must be dismissed no later than the maximum possible sentence for the original offense after the date of the court's finding of incompetent and unrestorable, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday.

(4) A determination pursuant to subsection (2) of this section that a juvenile is incompetent to proceed must not preclude the court from considering the release of the juvenile on bond upon compliance with the standards and procedures for such release prescribed by statute. At any hearing to determine eligibility for release on bond, the court may consider any effect the juvenile's incompetency may have on the juvenile's ability to ensure the juvenile's presence for trial.
C.R.S. § 19-1-116 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-116
19-1-116. Funding - alternatives to placement out of the home - services to prevent contin
Status: repealed

19-1-116. Funding - alternatives to placement out of the home - services to prevent continued involvement in child welfare system. (1) The state department of human services shall reimburse allowable expenses to county departments of human or social services for foster care. The state department's budget request for foster care must be based upon the actual aggregate expenditure of federal, state, and local funds of all counties during the preceding twenty-four months on foster care. Special purpose funds, not to exceed five percent of the total appropriation for foster care, must be retained by the state department of human services for purposes of meeting emergencies and contingencies in individual counties. The amount thus reimbursed to each county must represent the total expenditure by an individual county for foster care and for alternative services provided in conformance with the plan prepared and approved pursuant to subsections (2)(b) and (4) of this section.

(1.5) No later than July 1, 1994, each county in the state shall assure access to alternatives to out-of-home placements for families with children and youth who are at imminent risk of out-of-home placements. Beginning September 1, 2011, a county may also provide access for families to alternative services to prevent continued involvement with the county department child welfare system. Beginning September 1, 2018, a county may also provide access to alternative services for former foster care youth, as defined in section 26-5-101, who are no longer in the custody of the department but need limited assistance from the county. Two or more counties may jointly provide or purchase alternative services to families in the respective counties. Such services shall either be provided for under the plan adopted by placement alternative commissions in accordance with subsection (2)(b) of this section or purchased by the county if such county does not have a placement alternative commission for the county. If a county purchases alternative services, the county shall ensure that the services purchased meet the goals of placement alternative commission plans, as described in subsection (2)(b)(I) of this section.

(2) (a) The county commissioners in each county may appoint a placement alternatives commission consisting, where possible, of a physician or a licensed health professional, an attorney, representatives of a local law enforcement agency, representatives recommended by the court and probation department, representatives from the county department of human or social services, a local mental health clinic, and the county, district, or municipal public health agency, a representative of a local school district specializing in special education, a representative of a local case management agency, as defined in section 25.5-6-1702, representatives of a local residential child care facility and a private nonprofit agency providing nonresidential services for children and families, a representative specializing in occupational training or employment programs, a foster parent, and one or more representatives of the lay community. At least fifty percent of the commission members must represent the private sector. The county commissioners of two or more counties may jointly establish a district placement alternatives commission. A placement alternatives commission may be consolidated with other local advisory boards pursuant to section 24-1.7-103.

(b) (I) On or before July 1, 1994, the commission, if established, shall annually prepare a plan for the provision of services. The primary goals under the plan shall be to prevent imminent placement of children out of the home and to reunite children who have been placed out of the home with their families. If a county provides services to children who, without intervention, risk continued involvement with the child welfare system, the county shall include in the plan the goals to be achieved by providing said services. The plan shall be prepared using all available sources of information in the community, including public hearings. The plan shall specify the nature of the expenditures to be made and shall identify the services which are intended to prevent or minimize placement out of the home and to what extent. The plan shall contain, whenever practicable, a vocational component to provide assistance to older children concerning a transition into the work force upon completion of school. Upon approval of the plan by the county commissioners, the counties shall submit the plan to the department of human services.

(II) On and after July 1, 1994, the commissions shall prepare multi-year plans for services which contain the same goals as described in subparagraph (I) of this paragraph (b), and the period for the plans shall be determined in state board rules. The multi-year plans may be amended annually for budgetary or programmatic changes that are necessary to enhance service delivery or as otherwise deemed necessary to accomplish the goals of the plan, which reasons shall be set forth in state board rules. Counties shall submit the multi-year plans for approval by the state board.

(c) The commission shall review, on an ongoing basis, the effectiveness of programs within its jurisdiction which are designed to prevent or reduce placement and shall report its findings to the county commissioners annually.

(d) Repealed.

(e) Upon approval by the state board of human services of the plan submitted pursuant to paragraph (b) of this subsection (2), the department of human services shall reimburse county departments, as described in section 26-1-122, C.R.S., for eighty percent of the expenditures made in conformance with the plan.

(3) Repealed.

(4) (a) The departments of human services and education and the judicial department shall jointly develop guidelines for the content and submission of plans as described in paragraph (b) of subsection (2) of this section. Said guidelines shall include but not be limited to the information that is gathered by the commission, the goals to be addressed by the plan, the form of the budget for expenditures that are to be made under the plan, the services that are to be provided which are intended to prevent or minimize placement out of the home and to reunite children with their families and to what extent, and the method by which the plan may be amended during the year to meet the changing local conditions; except that amendments to the plan on and after July 1, 1994, shall be in accordance with subparagraph (II) of paragraph (b) of subsection (2) of this section. On and after July 1, 1993, any amendments to the guidelines shall be developed by the department of human services. Said guidelines shall then be submitted to the state board of human services, which shall promulgate rules for the submission of plans.

(b) In addition to the duties described in paragraph (a) of this subsection (4), the state board of human services is hereby authorized to develop through the adoption of rules categories of programs and services that promote the primary goals of the plan established in accordance with paragraph (b) of subsection (2) of this section. Any plan established on and after July 1, 1994, shall provide for the availability and provision of services or programs within such categories. Any plan established before July 1, 1994, shall be amended on or before that date to provide for the availability and provision of services or programs within such categories. The department of human services shall monitor the implementation of the plans as approved by the state board.

(5) Children currently residing in institutions whose condition would permit them to be discharged to less restrictive settings shall be so transferred at the earliest possible date. Moneys appropriated and available to the department of human services shall be allocated on a priority basis by the department to county departments for the purposes of providing care to children who are discharged from the institution in which they reside if such children then receive care that is less intensive, closer to the residence of the parents or family, or in a less restrictive setting.

(6) It is the intent of the general assembly that state money appropriated for placements out of the home must not be used by county boards of human or social services for the development of new county-run programs or for the expansion of existing staff or programs, if such development or expansion duplicates services already provided in the community, including, but not limited to, day care programs, independent living programs, home-based care, transitional care, alternative school programs, counseling programs, street academies, tutorial programs, and in-home treatment and counseling programs.

(7) (a) Any county is hereby authorized to establish a program under which a multidisciplinary, noncategorical program fund for the county shall be created and moneys from such fund shall be used to provide child welfare services to at-risk children and their families. Except as otherwise provided by federal law, the moneys in the county's fund contributed by state agencies shall be exempt from restrictive, categorical rules otherwise governing the use of such funds, including the "M" notation in the state's annual appropriations act which describes the general and federal fund contributions for federally supported programs.

(b) Such services shall include, but are not limited to, assessment, intervention, treatment, supervision, and shelter when and if appropriate.

(c) (I) The fund for each county must consist of contributions, made by any state, county, or local agency, of federal, state, or local funds appropriated to or contributed by such agencies for child welfare services for at-risk children and their families. Appropriated funds include, but are not limited to, those appropriated to county departments of human or social services, the state department of human services, the department of public health and environment, the department of education, the department of public safety, the judicial department, and the job training partnership office in the governor's office. Each state agency's contribution to a county's fund must be contingent upon and equal to contributions from the participating county and any other local agency that participates and seeks money from the fund. Nothing in this subsection (7) allows the allocation of general fund money to any other participating county in the same manner that such money is allocated to Mesa county in accordance with section 2 of House Bill 93-1171, as enacted during the first regular session of the fifty-ninth general assembly.

(II) The fund for each county may also consist of contributions from the fund of any other participating county.

(d) The county board of human or social services for a county shall convene a meeting of the local and state agencies that provide child welfare services to at-risk children and their families, that will participate in the program, and that seek money from the county's fund. The meeting is for the purpose of developing and adopting a memorandum of understanding between such agencies and the county's board of human or social services concerning the amount of contributions to the fund described in subsection (7)(c) of this section and the allocation and use of money allocated from the fund. The memorandum of understanding must provide for the designation of a governing entity to oversee the administration of the fund and a fiscal agent, a three-year plan, provisions for evaluating the programmatic and fiscal impact and overall effectiveness of the program, and a process for submitting the results of the evaluation to the general assembly and state officials on an annual basis.

(e) The state agencies affected by the implementation of the three-year plan described in subsection (7)(d) of this section shall review and approve the plan. The state agencies shall act on the plan within ninety days after the plan is submitted to the state agencies. It is the intent of the general assembly that the plan be implemented and that the state agencies cooperate in the plan's development and implementation. Prior to the implementation of the program, a copy of the approved plan must be submitted to the joint budget committee of the general assembly. Prior to the expiration of the three-year plan, the county board of human or social services shall follow the procedures described in subsection (7)(d) of this section for readoption of or revisions to the three-year plan.
C.R.S. § 19-3-307 — CO Code / Title 19 / Article 3 / Part 3 / Section 19-3-307
19-3-307. Reporting procedures - definitions
Status: in_force

19-3-307. Reporting procedures - definitions. (1) Reports of known or suspected child abuse or neglect made pursuant to this article shall be made immediately to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S., and shall be followed promptly by a written report prepared by those persons required to report. The county department shall submit a report of confirmed child abuse or neglect within sixty days of receipt of the report to the state department in a manner prescribed by the state department.

(2) Reports of known or suspected child abuse or neglect made pursuant to this article 3 must include the following information whenever possible:

(a) The name, address, age, sex, and race of the child;

(b) The name and address of the person responsible for the suspected abuse or neglect;

(c) The nature and extent of the child's injuries, including any evidence of previous cases of known or suspected abuse or neglect of the child or the child's siblings;

(c.5) Any evidence of known domestic violence or intimate partner violence in the child's home, including any evidence of previous cases of known domestic violence or intimate partner violence in the child's home;

(d) The names and addresses of the persons responsible for the suspected abuse or neglect, if known;

(e) The family composition;

(f) The source of the report and the name, address, and occupation of the person making the report;

(g) Any action taken by the reporting source;

(h) Any other information that the person making the report believes may be helpful in furthering the purposes of this part 3;

(i) The military affiliation of the individual who has custody or control of the child who is the subject of the investigation of child abuse or neglect, if such individual is 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. This information shall be shared with the appropriate military installation authorities pursuant to the requirements set forth in sections 19-1-303 (2.6) and 19-1-307 (2)(w).

(2.5) Notwithstanding the requirements set forth in subsection (2) of this section, any officer or employee of a county, district, or municipal public health agency or state department of public health and environment who makes a report pursuant to section 25-1-122 (4)(d) or 25-4-405, C.R.S., shall include only the information described in said section.

(3) (a) A copy of the report of known or suspected child abuse or neglect shall be transmitted immediately by the county department to the district attorney's office and to the local law enforcement agency.

(b) When the county department reasonably believes a criminal act of abuse or neglect of a child in foster care has occurred, the county department shall transmit immediately a copy of the written report prepared by the county department in accordance with subsection (1) of this section to the district attorney's office and to the local law enforcement agency.

(4) A written report from persons or officials required by this part 3 to report known or suspected child abuse or neglect shall be admissible as evidence in any proceeding relating to child abuse, subject to the limitations of section 19-1-307.

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

(a) "Coercion" means compelling a person by force, threat of force, or intimidation to engage in conduct from which the person has the right or privilege to abstain, or to abstain from conduct in which the person has the right or privilege to engage.

(b) "Domestic violence", commonly known as "intimate partner violence" means a pattern of violent behavior or an act, attempted act, or perceived threat of violence, stalking, harassment, or coercion that is committed by a person against another person with whom the actor is involved or has been involved in an intimate relationship. A sexual relationship may be an indicator of an intimate relationship but is never a necessary condition for finding an intimate relationship.
C.R.S. § 19-5-203 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-203
19-5-203. Availability for adoption
Status: in_force

19-5-203. Availability for adoption. (1) A child may be available for adoption only upon:

(a) Order of the court terminating the parent-child legal relationship in a proceeding brought under article 3 or 5 of this title;

(b) Order of the court decreeing the voluntary relinquishment of the parent-child legal relationship under section 19-5-103, 19-5-103.5, or 19-5-105;

(c) Written and verified consent of the guardian of the person, appointed by the court, of a child whose parents are deceased;

(d) (I) Written and verified consent of the parent in a stepparent adoption where the other parent is deceased or his parent-child legal relationship has been terminated under paragraph (a) or (b) of this subsection (1);

(II) Written and verified consent of the parent in a stepparent adoption, accompanied by an affidavit or sworn testimony of such parent, that the other birth parent has abandoned the child for a period of one year or more or that the other birth parent has failed without cause to provide reasonable support for such child for a period of one year or more. Upon filing of the petition in adoption, the court shall issue a notice directed to the other parent, which notice shall state the nature of the relief sought, the names of the petitioner and the child, and the time and place set for hearing on the petition. If the address of the other parent is known, service of such notice shall be in the manner provided by the Colorado rules of civil procedure for service of process. Upon affidavit by the petitioner that, after diligent search, the address of the other parent remains unknown, the court shall order service upon the other parent by one publication of the notice in a newspaper of general circulation in the county in which the hearing is to be held. The hearing shall not be held sooner than thirty-five days after service of the notice is complete, and, at such time, the court may enter a final decree of adoption notwithstanding the time limitation in section 19-5-210 (2).

(d.5) (I) Written and verified consent in a second-parent adoption that the child has a sole legal parent, and the sole legal parent wishes the child to be adopted by a specified second adult.

(II) In a petition for a second-parent adoption, the court shall require a written home study report prepared by a county department of human or social services, designated qualified individual, or child placement agency and approved by the department pursuant to section 19-5-207.5 (2). If the child of a sole legal parent was adopted by that parent less than one hundred eighty-two days prior to the filing of an adoption petition by a second prospective parent and if the second prospective parent was included in the home study report that was prepared pursuant to section 19-5-207 for the adoption of the child by the first parent, then that home study report is a valid home study report for the purpose of the second parent's adoption. If the filing of a petition for adoption by the second prospective parent occurs one hundred eighty-two days or more after the adoption by the first parent, a separate home study report is required pursuant to section 19-5-207.

(e) Written and verified consent of the parent having only residual parental responsibilities when custody or parental responsibilities have been awarded or allocated to the other parent in a dissolution of marriage proceeding where the spouse of the parent having custody or parental responsibilities wishes to adopt the child;

(f) Written and verified consent of the parent or parents, as defined in section 19-1-103, in a stepparent adoption where the child's parents were not married at the time the child was conceived and born;

(g) A statement by the department of human services or its designated agent as to whether any placement arranged outside the state of Colorado was carried out by a child placement agency licensed or authorized under the laws of another state to make placements;

(h) Verification by the child placement agency, a county department of human or social services, or the attorney for the petitioner in any adoption proceeding that any custody obtained outside the state of Colorado was acquired by:

(I) Proceedings to relinquish all parent-child legal relationships which complied with the laws of the state where conducted or conformed substantially to the laws of this state; or

(II) Proceedings to terminate all parent-child legal relationships which complied with the laws of the state where conducted or conformed substantially to the laws of this state; or

(III) Written and verified consent, under the conditions set forth in paragraphs (c) to (f) of this subsection (1), which was executed in accord with the laws of the state where granted or in substantial conformity with the laws of this state;

(i) Verification by the department of human services or its designated agent that any custody obtained outside the state of Colorado was acquired by proceedings sanctioned by the federal immigration and naturalization service, or any successor agency, in cooperation with the department of human services whenever such cooperation is authorized or advised by federal law;

(j) Submission of an affidavit or sworn testimony of the adoptive relative in a kinship adoption that the birth parent or birth parents have abandoned the child for a period of one year or more or that the birth parent or birth parents have failed without cause to provide reasonable support for such child for a period of one year or more, and that the relative seeking the kinship adoption has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title. Upon filing of the petition in adoption, the court shall issue a notice directed to the birth parent or birth parents, which notice shall state the nature of the relief sought, the names of the petitioner and the child, and the time and place set for hearing on the petition. If the address of the birth parent is known, service of such notice shall be in the manner provided by the Colorado rules of civil procedure for service of process. Upon affidavit by the petitioner that describes with specificity the diligent search made by the petitioner, and that states that, after diligent search, the address of the birth parent or birth parents remains unknown, the court shall order service upon the birth parent or birth parents by one publication of the notice in a newspaper of general circulation in the county in which the hearing is to be held. The hearing shall not be held sooner than thirty-five days after service of the notice is complete, and, at such hearing, the court may enter a final decree of adoption notwithstanding the time limitation in section 19-5-210 (2).

(k) Submission of an affidavit or sworn testimony of the legal custodian or legal guardian in a custodial adoption that the birth parent or birth parents have abandoned the child for a period of one year or more or that the birth parent or birth parents have failed without cause to provide reasonable support for such child for a period of one year or more and that the legal custodian or legal guardian seeking the custodial adoption has had the child in his or her physical custody for a period of one year or more. Upon filing of the petition in adoption, the court shall issue a notice directed to the birth parent or birth parents, which notice shall state the nature of the relief sought, the names of the petitioner and the child, and the time and place set for hearing on the petition. If the address of the birth parent or birth parents is known, service of such notice shall be in the manner provided by the Colorado rules of civil procedure for service of process. Upon affidavit by the petitioner that describes with specificity the diligent search made by the petitioner, and that states that, after diligent search, the address of the birth parent or birth parents remains unknown, the court shall order service upon the birth parent or birth parents by one publication of the notice in a newspaper of general circulation in the county in which the hearing is to be held. The hearing shall not be held sooner than thirty-five days after service of the notice is complete, and, at such hearing, the court may enter a final decree of adoption notwithstanding the time limitation in section 19-5-210 (2).

(2) Written consent to any proposed adoption shall be obtained from the person to be adopted if such person is twelve years of age or older.
C.R.S. § 19-1-115 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-115
19-1-115. Legal custody - guardianship - placement out of the home - petition for review f
Status: in_force

19-1-115. Legal custody - guardianship - placement out of the home - petition for review for need of placement - rules. (1) (a) Except as otherwise provided by law, in awarding legal custody of a child pursuant to this title 19, the court may, if in the best interests of the child, give preference to the child's grandparent who is appropriate, capable, willing, and available to care for the child, if the court finds that there is no suitable natural or adoptive parent available, with due diligence having been exercised in attempting to locate any such natural or adoptive parent. Any individual, agency, or institution vested by the court with legal custody of a child has the rights and duties defined in section 19-1-103.

(b) Any individual, agency, or institution vested by the court with the guardianship of the person of a child has the rights and duties defined in section 19-1-103; except that a guardian of the person may not consent to the adoption of a child unless the court has expressly given that authority.

(2) (a) If legal custody or guardianship of the person is vested in an agency or institution, the court shall transmit, with the court order, copies of the social study, any clinical reports, and other information concerning the care and treatment of the child.

(b) An individual, agency, or institution vested by the court with legal custody or guardianship of the person of a child shall give the court any information concerning the child which the court at any time may require.

(3) (a) Any agency vested by the court with legal custody of a child shall have the right, subject to the approval of the court, to determine where and with whom the child shall live, but this paragraph (a) shall not apply to placement of children committed to the department of human services. In determining where and with whom a child shall live, if in the best interests of the child, preference may be given to the child's grandparent who is appropriate, capable, willing, and available to care for the child.

(b) No individual or agency vested by the court with legal custody of a child or with which a child is placed pursuant to subsection (8) of this section shall remove the child from the state for more than thirty days without court approval. When granting such approval, if appropriate, the court shall enter an order that the individual or agency comply with the requirements of the "Interstate Compact on Placement of Children" set forth in part 18 of article 60 of title 24, C.R.S.

(4) (a) A decree vesting legal custody of a child in an individual, institution, or agency or providing for placement of a child pursuant to section 19-2.5-1102 or 19-3-403 or subsection (8) of this section must be for a determinate period. The court shall review the decree no later than three months after it is entered, except a decree vesting legal custody of a child with the department of human services.

(b) The individual, institution, or agency vested with the legal custody of a child may petition the court for renewal of the decree. The court, after notice and hearing, may renew the decree for such additional determinate period as the court may determine if it finds such renewal to be in the best interests of the child and of the community. The findings of the court and the reasons therefor shall be entered with the order renewing or denying renewal of the decree.

(c) The court shall review any decree or, if there is no objection by any party to the action, the court may, in its discretion, require an administrative review by the state department of human services of any decree entered in accordance with this subsection (4) each six months after the initial review provided in subsection (4)(a) of this section. In the event that an administrative review is ordered, all counsel of record must be notified and may appear at said review. Periodic reviews must include the determinations and projections required in section 19-3-702.5.

(d) (I) When a decree is entered vesting legal custody of a child or youth or providing for placement of a child or youth with an agency in which public money is expended and a county department that delivers child welfare services determines that a referral is appropriate in accordance with rules promulgated by the state board of human services, a delegate child support enforcement unit may charge the parent of the child or youth a fee to cover the costs of providing for residential care of the child or youth. When custody of the child or youth is given to the county department, the fee for residential care must be in accordance with the fee requirements provided by rule of the state board of human services, and the fee applies, to the extent unpaid, to the entire period of placement. When a child or youth is committed to the state department of human services, the fee for care and treatment must be in accordance with the fee requirements provided by rule of the state board of human services, and the fee applies, to the extent unpaid, to the entire period of placement.

(II) For an adoptive family who receives an approved Title IV-E adoption assistance subsidy pursuant to the federal "Social Security Act", 42 U.S.C. sec. 673 et seq., or an approved payment in subsidization of adoption pursuant to article 7 of title 26, the cost of care, as defined in section 19-1-103, must not exceed the amount of the adoption assistance payment.

(III) The state department of human services shall convene a working group of geographically and demographically diverse partners and stakeholders to provide feedback and recommendations regarding the collection of fees for the residential care of children or youth in out-of-home placement who are not adjudicated dependent or neglected pursuant to section 19-3-102, ensuring compliance with federal law, including but not limited to Title IV of the federal "Social Security Act". On or before March 31, 2022, the state department shall submit a report of the recommendations of the working group to the public behavioral health care and human services committee of the house of representatives and the health and human services committee of the senate, or their successor committees.

(e) When a child, juvenile, or youth has been committed to the division of youth services and the court no longer has ongoing jurisdiction, the administrative review division shall review the placement of that child, juvenile, or youth in a qualified residential treatment program within sixty days after placement. When the child, juvenile, or youth has not been committed to the division of youth services and the court has ongoing jurisdiction, within sixty days after a placement of that child, juvenile, or youth in a qualified residential treatment program, or within thirty days after a placement when the qualified individual does not support the qualified residential treatment program level of care or the child, juvenile, youth, guardian ad litem, or any party objects to the placement, a juvenile court shall review that placement. In both instances, the juvenile court or the administrative review division of the state department shall:

(I) Consider the assessment, determination, and documentation made by the qualified individual;

(II) Determine whether the needs of the child, juvenile, or youth can be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster care home, or whether placement of the child, juvenile, or youth in a qualified residential treatment program provides the most effective and appropriate level of care for the child, juvenile, or youth in the least restrictive environment, and whether that placement is consistent with the short- and long-term goals, including mental, behavioral, and physical health goals, for the child, juvenile, or youth as specified in the permanency plan for the child, juvenile, or youth or as outlined in the family services plan or division of youth services plan; and

(III) Approve or disapprove of the placement.

(f) As long as a child, juvenile, or youth remains in a qualified residential treatment program, the county department or the division of youth services shall submit evidence:

(I) Demonstrating that ongoing assessment of the strengths and needs of the child, juvenile, or youth continues to support the determination that the needs of the child, juvenile, or youth cannot be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster family home; that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child, juvenile, or youth in the least restrictive environment; and that the placement is consistent with the short- and long-term goals for the child, juvenile, or youth as specified in the permanency plan for the child, juvenile, or youth, or as outlined in the family services plan;

(II) Documenting the specific treatment or service needs that will be met for the child, juvenile, or youth in the placement and the length of time the child, juvenile, or youth is expected to need treatment or services; and

(III) Documenting the efforts made by the county department to prepare the child, juvenile, or youth to return home or to be placed with a fit and willing kin caregiver, a legal guardian, legal custodian, or an adoptive parent, or in a foster family.

(g) The evidence required pursuant to subsection (4)(f) of this section must be submitted at each subsequent review and each subsequent permanency hearing held concerning the child, juvenile, or youth. The evidence must not be submitted less frequently than every ninety days during the duration of the placement of the child, juvenile, or youth in the qualified residential treatment program. The evidence must be submitted to the court or to the administrative review division of the state department of human services if parties consent to the latter. The court shall review the evidence submitted pursuant to subsection (4)(f) of this section at each subsequent permanency and status review hearing at least every ninety days during the duration of the placement of the child, juvenile, or youth in the qualified residential treatment program. If the parties consent to a review by the administrative review division, attorneys of record must be notified and may appear at the review. The administrative review division shall review the evidence submitted pursuant to subsection (4)(f) of this section at least every ninety days during the duration of the placement of the child, juvenile, or youth in the qualified residential treatment program.

(h) In making a decision as to proper placement in a qualified residential treatment program, the court or the administrative review division shall consider the assessment provided by the qualified individual and the most recent assessment, as described in subsection (4)(e) of this section, and shall give great weight to the recommendation in the assessment when making a qualified residential treatment program placement decision. An assessment prepared by the qualified individual must identify whether a qualified residential treatment program is the most effective, appropriate, and least restrictive placement for the child or youth. The assessment must also identify child- or youth-specific short- and long-term goals for the child or youth and the family. If the court or administrative review division deviates from the qualified individual's assessment and recommendation, the court or the administrative review division shall make specific findings of fact regarding the most effective, appropriate, and least restrictive placement for the child or youth and whether the placement is consistent with child- or youth-specific short- and long-term goals for the child or youth and the family. When making such findings of fact, the court or administrative review division shall consider all relevant information, including:

(I) Whether the protocol for the qualified residential treatment program assessment was followed;

(II) The strengths and specific treatment or service needs of the child or youth and the family;

(III) The expected length of stay; and

(IV) The placement preference of the child or youth and the family.

(4.5) The department of human services shall implement the provisions of subsections (4)(e) and (4)(f) of this section when the federal government approves Colorado's five-year Title IV-E prevention plan, at which time the department of human services may submit a budget request to the joint budget committee for necessary funding to implement the plan.

(5) No legal custodian or guardian of the person may be removed without his consent until given notice and an opportunity to be heard by the court if he so requests.

(6) Any time the court enters an order awarding legal custody of a child or youth to the department of human services or to a county department pursuant to the provisions of this title 19, even temporarily, the order must contain specific findings, if warranted by the evidence, as follows:

(a) That continuation of the child in the home would be contrary to the child's best interests;

(b) That there has been compliance with reasonable efforts requirements regarding removal of the child from the home, as follows:

(I) That reasonable efforts have been made to prevent or eliminate the need for removal of the child from the home; or

(II) That an emergency situation exists which requires the immediate temporary removal of the child from the home and it is reasonable that preventive efforts not be made due to the emergency situation; or

(III) That reasonable efforts to prevent the child's removal from the home are not required because of the existence of a circumstance described in subsection (7) of this section;

(c) That reasonable efforts have been made or will be made to reunite the child and the family or that efforts to reunite the child and the family have failed or that reasonable efforts to reunite the child and the family are not required pursuant to subsection (7) of this section; and

(d) That procedural safeguards with respect to parental rights have been applied in connection with the removal of the child or youth from the home, a change in the child's or youth's placement out of the home, and any determination affecting family time.

(6.5) Any time the court enters an order continuing a child or youth in a placement out of the home pursuant to this title 19, the order must contain specific findings, if warranted by the evidence, as follows:

(a) The continuation of the child in out-of-home placement is in the best interests of the child;

(b) That reasonable efforts have been made to reunite the child and the family or that reasonable efforts to reunite the child and the family are not required pursuant to subsection (7) of this section; and

(c) That procedural safeguards with respect to parental rights have been applied in connection with the continuation of the child or youth in out-of-home placement, a change in the child's or youth's placement out of the home, and any determination affecting family time.

(6.7) Any time the court enters an order related to out-of-home placement pursuant to subsections (6)(a) to (6)(c) or subsection (6.5)(b) of this section; subsection (8)(f) of this section; section 19-2.5-305 (3)(a)(XI)(A) and (3)(a)(XI)(B); section 19-2.5-1116 (1)(a), (1)(b), and (3)(a)(III); or sections 19-3-702 (3)(b) and 19-3-702.5 (1)(b), the order is effective as of the date the findings were made by the court, notwithstanding the date that a written order may be signed by the court. Written orders entered pursuant to subsections (6)(a) to (6)(c) or subsection (6.5)(b) of this section; subsection (8)(f) of this section; section 19-2.5-305 (3)(a)(XI)(A) and (3)(a)(XI)(B); section 19-2.5-1116 (1)(a), (1)(b), and (3)(a)(III); or sections 19-3-702 (3)(b) and 19-3-702.5 (1)(b) must state "the effective date of this order is" and must not use the words "nunc pro tunc".

(7) Reasonable efforts are not required to prevent the child's removal from the home or to reunify the child and the family in the following circumstances:

(a) When the court finds that the parent has subjected the child to aggravated circumstances as described in sections 19-3-604 (1) and (2); or

(b) When the parental rights of the parent with respect to a sibling of the child have been involuntarily terminated; unless the prior sibling termination resulted from a parent delivering a child to a firefighter or a staff member of a hospital or community clinic emergency center, as defined in section 19-3-304.5 (9), pursuant to the provisions of section 19-3-304.5; or

(c) When the court finds that the parent has been convicted of any of the following crimes:

(I) Murder of another child of the parent;

(II) Voluntary manslaughter of another child of the parent;

(III) Aiding, abetting, or attempting the commission of or conspiring or soliciting to commit the crimes in subparagraphs (I) and (II) of this paragraph (c); or

(IV) A felony assault that resulted in serious bodily injury to the child or to another child of the parent.

(8) (a) Whenever it appears necessary that the placement of a child out of the home will be for longer than ninety days, the placement is voluntary and not court-ordered, and the placement involves the direct expenditure of funds appropriated by the general assembly to the department of human services, a petition for review of need for placement shall be filed by the department or agency with which the child has been placed before the expiration of ninety days in the placement. A decree providing for voluntary placement of a child with an agency in which public money is expended must be renewable in circumstances when there is documentation that the child has an emotional, a physical, or an intellectual disability that necessitates care and treatment for a longer duration than ninety days as provided pursuant to this subsection (8)(a). The court shall not transfer or require relinquishment of legal custody of, or otherwise terminate the parental rights with respect to, a child who has an emotional, a physical, or an intellectual disability and who was voluntarily placed out of the home for the purposes of obtaining special treatment or care solely because the parent or legal guardian is unable to provide the treatment or care. Whenever a child fifteen years of age or older consents to placement in a mental health facility pursuant to section 27-65-104, the review pursuant to section 27-65-104 (4) must be conducted in lieu of and must fulfill the requirements for review under this subsection (8)(a).

(b) (I) The petition and all subsequent court documents in any proceedings brought under paragraph (a) of this subsection (8) shall be titled "The People of the State of Colorado, in the Interest of , a child (or children) and Concerning , Respondent." The petition shall be verified, and the statements in the petition may be made upon information and belief.

(II) The petition shall set forth plainly the facts that bring the child within the court's jurisdiction, specifying that the child is subject to immediate placement out of the home or has been in voluntary placement out of the home and it appears that continuation of the placement is necessary for a time exceeding ninety days and continuation of the placement is necessary and is in the best interest of the child, the family, and the community. The petition shall also state the name, age, and residence of the child and the names and residences of his or her parents, guardian, or other legal custodian or of his or her nearest known relative if no parent, guardian, or other legal custodian is known.

(III) All petitions filed pursuant to this subsection (8) shall include the following statement: "If the child is placed out of the home for a period of twelve months or longer, the court shall hold a permanency hearing within said twelve months to determine the future status of the child. The review of any decree of placement of a child subsequent to the three-month review required by section 19-1-115 (4)(a), Colorado Revised Statutes, may be conducted as an administrative review by the department of human services. If you are a party to the action, you have a right to object to an administrative review, and, if you object, the review shall be conducted by the court."

(c) After a petition has been filed, the court shall promptly issue a summons reciting briefly the substance of the petition. The summons must be substantially in the form specified in section 19-3-502 and be dealt with in the manner provided in section 19-3-503 and must set forth the constitutional and legal rights of the child, the child's parents or guardian, and any other respondent, including the right to have an attorney present at the hearing on the petition. The petitioner shall send the summons to the child and the child's parents, guardian, or legal custodian by certified mail. The court shall give notice of the hearing to the director of the facility or agency in which the child is placed and any person who has physical custody of the child and any attorney or guardian ad litem or counsel for youth of record. Nothing in this subsection (8) requires the presence of any person before the court unless the court so directs.

(d) The court shall appoint a guardian ad litem for a child under twelve years of age, or counsel for youth if the youth is twelve years of age or older, to protect the interest of any child or youth who is the subject of a petition for review of placement, unless the court makes specific findings that no useful purpose would be served by such appointment. The court may appoint both a guardian ad litem and a counsel for youth if a youth is twelve years of age or older and the appointment of a guardian ad litem is necessary because the youth has diminished capacity.

(e) For purposes of determining proper placement of the child, the petition for review of placement or social study shall be accompanied by an evaluation for placement prepared by the department or agency that recommends placement or with which the child has been placed. The evaluation for placement shall include an assessment of the child's physical and mental health, developmental status, family and social history, and educational status. The petition shall also be accompanied by recommended placements for the child and the monthly cost of each and a treatment plan that contains, at a minimum, the goals to be achieved by the placement; the services to be provided; the intensity, duration, and provider of the services; identification of the services that can be provided only in a residential setting; and the recommended duration of the placement. The petition or social study shall also be accompanied by the required fee to be charged to the parents pursuant to paragraph (d) of subsection (4) of this section. In addition, if a change in legal custody is recommended, the evaluation for placement shall include other alternatives that have been explored and the reason for their rejection, and the evaluation for placement shall contain an explanation of any particular placements that were considered and rejected and the reason for their rejection.

(f) The petition for review of need for placement shall request the court to determine, by a preponderance of the evidence, whether placement or continued placement is necessary and in the best interest of the child, the family, and the community and whether reasonable efforts have been made to return the child to a safe home or whether the child should be permanently removed from his or her home. If the court makes such findings, it shall enter a decree ordering the child's placement out of the home in the facility or setting that most appropriately meets the needs of the child, the family, and the community. In making its decision as to proper placement, the court shall utilize the evaluation for placement prepared pursuant to section 19-1-107 or the evaluation for placement required by paragraph (e) of this subsection (8) that shall state the cost of recommended placement. If the evaluation for placement recommends placement in a facility located in Colorado that can provide appropriate treatment and that will accept the child, then the court shall not place the child in a facility outside this state. If the court deviates from the recommendations of the evaluation for placement in a manner that results in a difference in the cost of the disposition ordered by the court and the cost of the disposition recommended in the evaluation, the court shall make specific findings of fact relating to its decision, including the monthly cost of the placement, if ordered. A copy of such findings shall be sent to the chief justice of the Colorado supreme court, who shall report annually to the joint budget committee and the health and human services committees of the house of representatives and senate of the general assembly, or any successor committees, on such orders. If the court commits the child to the department of human services, it shall not make a specific placement, nor shall the provisions of this paragraph (f) relating to specific findings of fact be applicable. If the court makes a finding that continued placement is not necessary and is not in the best interest of the child, the family, and the community, the court shall dismiss the petition for review of need for placement and shall order that the child be returned home. The court may require a continued hearing of the petition for review of need for placement for a period not to exceed fourteen days if it finds that the materials submitted are insufficient to make a finding as provided in this paragraph (f).

(g) A petition for review of need for placement shall not be handled as an informal adjustment in accordance with the provisions of section 19-3-501 (2).
C.R.S. § 19-2.5-1407 — CO Code / Title 19 / Article 2.5 / Part 14 / Section 19-2.5-1407
19-2.5-1407. Appropriations to department of human services for services to juveniles - defin
Status: repealed

19-2.5-1407. Appropriations to department of human services for services to juveniles - definition - repeal. (1) The general assembly shall appropriate money for the provision of services to juveniles to the department of human services. The department of human services shall allocate such money by each judicial district in the state. The appropriation and allocation must be made based upon the formula developed pursuant to section 19-2.5-1404 (1)(b)(V). The department of human services shall administer the appropriated money. The money appropriated to the department of human services for allocation by each judicial district must be expended in the judicial district by the department of human services for services to juveniles that are intended to prevent the juvenile from being held in detention prior to adjudication, including implementing options provided in the screening instrument described in section 19-2.5-1404; sentenced to detention; or committed to the department of human services or to reduce the length of time the juvenile is held in preadjudication or postadjudication detention or held in a commitment facility operated pursuant to section 19-2.5-1502. If a judicial district has a local juvenile services planning committee, the expenditure of money for juvenile services in the judicial district must be made in accordance with the plan developed pursuant to section 19-2.5-302.

(2) For the purposes of this section, a "juvenile" also includes a youth ten years of age or older but less than seventeen years of age who is habitually truant, as defined in section 22-33-102 (3.5), and who the court has ordered to show cause why the juvenile should not be held in contempt of court pursuant to section 22-33-108 (7), when funds are expended for services that are intended to prevent the youth from being held in detention or sentenced to detention.

(3) (a) The general assembly shall annually appropriate money to the department of human services for the provision of temporary shelter for juveniles by judicial districts. The general assembly shall appropriate an amount sufficient to fund five nights of care for each juvenile who, based on the results of a screening by the judicial district's screening team, is screened to temporary care in a licensed temporary shelter facility.

(b) On or before November 1, 2022, and annually thereafter, the department shall allocate money to judicial districts in accordance with the formula developed pursuant to section 19-2.5-1404 (1)(b)(X).

(c) (I) Repealed.

(II) For state fiscal year 2023-24 and each year thereafter, in order to receive an allocation, a juvenile services planning committee, or the judicial district if the judicial district has not established a juvenile services planning committee, shall include in its plan developed pursuant to section 19-2.5-302 a plan for providing temporary shelter in the judicial district. The plan must include that placement in licensed shelter care is voluntary and must not exceed five days.

(d) A judicial district's juvenile services planning committee, or the judicial district, may use money allocated pursuant to this subsection (3) for:

(I) The cost of care in a licensed temporary shelter, including any transportation costs, for up to five nights for each juvenile who, after screening by the judicial district's screening team, is referred to receive temporary care in a licensed temporary shelter facility;

(II) Providing support to a grandparent, kin, or other suitable person for care of a juvenile released to the person's care while emergency circumstances exist, as determined by the judicial district's juvenile services planning committee that prevent the juvenile from returning home. Support provided to a grandparent, kin, or other suitable person must be based on the actual costs incurred by the person for caring for the juvenile.

(III) Services for and evaluation of a juvenile receiving temporary shelter; and

(IV) Establishing licensed temporary shelter through evaluation or recruitment and providing training needed to operate temporary shelter.

(e) (I) On or before January 31, 2024, and on or before January 31 of each year thereafter, the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, shall hold a joint hearing to determine whether the recommendations of the working group described in section 19-2.5-1404 have been implemented in a manner that warrants the repeal of this subsection (3) prior to its scheduled repeal in 2026. At the hearing that occurs during the 2026 regular legislative session, the committees shall consider whether this subsection (3) should be continued.

(II) At the hearing, the department shall present on its most recent report issued pursuant to section 19-2.5-1404 (3)(b), the committees shall permit representatives of the working group to testify or provide information to the committees, and the committees shall take public testimony regarding implementation of the working group's recommendations.

(f) This subsection (3) is repealed, effective June 30, 2026.
C.R.S. § 19-2.5-801 — CO Code / Title 19 / Article 2.5 / Part 8 / Section 19-2.5-801
19-2.5-801. Direct filing - definition
Status: in_force

19-2.5-801. Direct filing - definition. (1) A juvenile may be charged by the direct filing of an information in the district court or by indictment only if the juvenile is sixteen years of age or older at the time of the commission of the alleged offense and:

(a) Is alleged to have committed a class 1 or class 2 felony; or

(b) Is alleged to have committed a sexual assault that is a crime of violence pursuant to section 18-1.3-406 or a sexual assault under the circumstances described in section 18-3-402 (5)(a); or

(c) (I) Is alleged to have committed a felony enumerated as a crime of violence pursuant to section 18-1.3-406, other than a sexual assault as described in subsection (1)(b) of this section, or is alleged to have committed sexual assault pursuant to section 18-3-402, sexual assault on a child pursuant to section 18-3-405, or sexual assault on a child by one in a position of trust pursuant to section 18-3-405.3; and

(II) Is found to have a prior adjudicated felony offense; or

(d) Has previously been subject to proceedings in district court as a result of a direct filing pursuant to this section or a transfer pursuant to section 19-2.5-802; except that:

(I) If the juvenile is found not guilty in district court of the prior felony or any lesser included offense, the subsequent charge must be remanded to the juvenile court; and

(II) If the juvenile is convicted in district court in the prior case of a lesser included or nonenumerated offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section, the subsequent charge may be remanded to the juvenile court.

(2) If, after a preliminary hearing, the district court does not find probable cause for an offense that may be charged by direct filing, or if the direct file eligible offense is dismissed at a later date, the court shall remand the case to the juvenile court.

(3) Notwithstanding section 19-2.5-802, after filing charges in the juvenile court but before the juvenile court conducts a transfer hearing, the district attorney may file the same or different charges against the juvenile by direct filing of an information in the district court or by indictment pursuant to this section. Upon the filing or indictment in the district court, the juvenile court no longer has jurisdiction over proceedings concerning the charges.

(4) (a) After a juvenile case has been charged by direct filing of information or by an indictment in district court, the juvenile may file in district court a motion to transfer the case to juvenile court. The juvenile must file the motion no later than the time to request a preliminary hearing. Upon receipt of the motion, the court shall set the reverse-transfer hearing with the preliminary hearing. The court shall permit the district attorney to file a response to the juvenile's motion to transfer the case to juvenile court. The district attorney shall file the response no later than fourteen days before the reverse-transfer hearing.

(b) In determining whether the juvenile and the community would be better served by adjudicative proceedings pursuant to this article 2.5 or by proceedings pursuant to title 16, the court shall consider the following factors:

(I) The seriousness of the alleged offense and whether the protection of the community requires response or consequence beyond that afforded by this article 2.5;

(II) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

(III) Whether the alleged offense was against persons or property, greater weight being given to offenses against persons;

(IV) The age of the juvenile and the maturity of the juvenile, as determined by considerations of the juvenile's home, environment, emotional attitude, and pattern of living;

(V) The juvenile's record and previous history in prior court-related matters;

(VI) The juvenile's current and past mental health status, as evidenced by relevant mental health or psychological assessments or screenings that are made available to both the district attorney and defense counsel;

(VII) The likelihood of the juvenile's rehabilitation by use of the sentencing options available in the juvenile courts and district courts;

(VIII) The interest of the community in the imposition of a punishment commensurate with the gravity of the offense;

(IX) The impact of the offense on the victim;

(X) Whether the juvenile was previously committed to the department of human services following an adjudication for a delinquent act that constitutes a felony; and

(XI) Whether the juvenile used, or possessed and threatened the use of, a deadly weapon in the commission of the delinquent act.

(c) If the district court determines pursuant to subsection (4)(b) of this section that the juvenile and the community would be better served by adjudicative proceedings pursuant to this article 2.5, the court shall enter an order directing that the offenses against the juvenile be adjudicated in juvenile court pursuant to this article 2.5.

(5) (a) If a juvenile is convicted following the filing of criminal charges by information or indictment in the district court pursuant to this section, the district judge shall sentence the juvenile either:

(I) As an adult; except that a juvenile is excluded from the mandatory minimum sentencing provisions in section 18-1.3-406, unless the juvenile is convicted of a class 1 felony or a sex offense that is subject to part 9 of article 1.3 of title 18; or

(II) To the youthful offender system in the department of corrections in accordance with section 18-1.3-407; except that a juvenile is ineligible for sentencing to the youthful offender system if the juvenile is convicted of:

(A) A class 1 felony;

(B) Any sexual offense described in section 18-6-301 or 18-6-302 or part 4 of article 3 of title 18; or

(C) A second or subsequent offense, if the juvenile received a sentence to the department of corrections or to the youthful offender system for the prior offense.

(b) The district court judge may sentence a juvenile pursuant to this article 2.5 if the juvenile is convicted of a lesser included or nonenumerated felony offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section. If the juvenile is convicted of only a misdemeanor offense or misdemeanor offenses, the court shall adjudicate the juvenile a delinquent and sentence the juvenile pursuant to this article 2.5.

(c) If a juvenile is convicted of an offense that is not eligible for district court jurisdiction pursuant to either this section or section 19-2.5-802, the juvenile must be remanded to juvenile court.

(6) In the case of a person who is sentenced as a juvenile pursuant to subsection (5) of this section, the following provisions apply:

(a) Section 19-2.5-1126 (1)(a), regarding mandatory sentence offenders;

(b) Section 19-2.5-1126 (1)(b), regarding repeat juvenile offenders;

(c) Section 19-2.5-1126 (1)(c), regarding violent juvenile offenders; and

(d) Sections 19-2.5-503 and 19-2.5-1127, regarding aggravated juvenile offenders.

(7) The court in its discretion may appoint a guardian ad litem for a juvenile charged by the direct filing of an information in the district court or by indictment pursuant to this section.

(8) When a juvenile is sentenced pursuant to this article 2.5, the juvenile's conviction must be adjudicated as a juvenile delinquency adjudication.

(9) For purposes of this section, "violent juvenile offender" has the same meaning as set forth in section 19-2.5-1125 (3).
C.R.S. § 19-2.5-1114 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1114
19-2.5-1114. Sentencing - placement based on special needs of the juvenile
Status: in_force

19-2.5-1114. Sentencing - placement based on special needs of the juvenile. (1) Except as otherwise required by section 19-2.5-1127 for an aggravated juvenile offender, the court may order that the juvenile be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that the juvenile receive other special care and may place the juvenile in a hospital or other suitable facility for such purposes; except that a juvenile may not be placed in a mental health facility operated by the department of human services until the juvenile has received a mental health placement prescreening resulting in a recommendation that the juvenile be placed in a facility for an evaluation pursuant to section 27-65-106, or a hearing has been held by the court after notice to all parties, including the department of human services. An order for an emergency mental health hold must not be entered unless a hearing is held and evidence indicates that the prescreening report is inadequate, incomplete, or incorrect and that competent professional evidence is presented by a mental health professional that indicates that the juvenile has a behavioral or mental health disorder. The court shall make, prior to the hearing, orders regarding temporary custody of the juvenile as are deemed appropriate.

(2) Placement in any mental health facility operated by the department of human services must continue for such time as ordered by the court or until the professional person in charge of the juvenile's treatment concludes that the treatment or placement is no longer appropriate. If placement or treatment is no longer deemed appropriate, the court must be notified and a hearing held for further disposition of the juvenile within five days excluding Saturdays, Sundays, and legal holidays. The court shall make, prior to the hearing, orders regarding temporary custody of the juvenile as are deemed appropriate.
C.R.S. § 19-2.5-1526 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1526
19-2.5-1526. Facility rules - academic and vocational courses
Status: repealed

19-2.5-1526. Facility rules - academic and vocational courses. (1) It is the duty of the department of human services to develop rules necessary for imparting instruction, preserving health, and enforcing discipline of juveniles committed to the department of human services.

(2) The academic courses of study and vocational training and instruction given in the facilities established by section 19-2.5-1502 and sections 19-2.5-1527 to 19-2.5-1529 must include those approved by the department of education for the instruction of pupils in the primary and secondary schools of the state. Full credit must be given by school districts in this state for completion of any semester, term, or year of study instruction by any juvenile who has such earned credit.

(3) The director of the division of youth services may appoint, pursuant to section 13 of article XII of the state constitution, a director and such other officers, teachers, instructors, counselors, and other personnel as the director considers necessary to transact the business of the schools and may designate their duties. A person shall not be appointed as a teacher or instructor in the schools who is not qualified to serve as a teacher or instructor in the schools under the laws of the state and the standards established by the department of education.

(4) Repealed.
C.R.S. § 19-2.5-102 — CO Code / Title 19 / Article 2.5 / Part 1 / Section 19-2.5-102
19-2.5-102. Definitions
Status: repealed

19-2.5-102. Definitions. In addition to the terms defined in section 19-1-103, as used in this article 2.5, unless the context otherwise requires:

(1) "Adjudication" means a determination by the court that it has been proven beyond a reasonable doubt to the trier of fact that a juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, "adjudication" means conviction.

(2) "Adjudicatory trial" is defined in section 19-1-103.

(3) "Adult" is defined in section 19-1-103.

(4) "Basic identification information" is defined in section 19-1-103.

(5) "Behavioral health" has the same meaning as set forth in section 27-60-100.3.

(6) "Child" means a person under eighteen years of age.

(7) "Commit" is defined in section 19-1-103.

(8) Repealed.

(9) "Cost of care" is defined in section 19-1-103.

(10) "County department" is defined in section 19-1-103.

(11) "Crossover youth plan" means the portion of the annual plan described in section 19-2.5-302 and devised in each judicial district by the juvenile services planning committee that outlines identification and notification of dually identified crossover youth as described in section 19-2.5-302.

(12) "Delinquent act" is defined in section 19-1-103.

(13) "Detention" is defined in section 19-1-103.

(14) "Determinate period" means that the department of human services may not transfer legal or physical custody of a juvenile until the juvenile has completed the period of commitment imposed by the court, unless otherwise ordered by the court; except that the department of human services may release the juvenile on parole prior to completion of the determinate period, pursuant to section 19-2.5-1203.

(15) "Diagnostic and evaluation center" means a facility for the examination and study of persons committed to the custody of the department of human services.

(16) "Director" means the executive director of the department of public safety.

(17) (a) "Diversion" means a decision made by a person with authority or a delegate of that person that results in specific official action of the legal system not being taken in regard to a specific juvenile or child and in lieu thereof providing or referring the juvenile or child to an individually designed program or activity, if necessary, provided by district attorneys' offices, governmental units, or nongovernmental units. The goal of diversion is to prevent further involvement of the juvenile or child in the formal legal system.

(b) Diversion of a juvenile or child may take place either at the prefiling level as an alternative to the filing of a petition pursuant to section 19-2.5-502 or postfiling as an alternative to adjudication. Services may include restorative justice practices as defined in subsection (45) of this section.

(18) "Division of youth services" or "division" means the division of youth services, created in section 19-2.5-1501.

(19) "Dually identified crossover youth" means youth who are currently involved in the juvenile justice system and the child welfare system or have a history in the child welfare system that includes, but is not limited to, a family assessment response service plan or an open case.

(20) Repealed.

(21) "Gang", as used in sections 19-2.5-305 and 19-2.5-1504, means a group of three or more individuals with a common interest, bond, or activity characterized by criminal or delinquent conduct, engaged in either collectively or individually.

(22) "Governmental unit", as used in sections 19-2.5-402, 19-2.5-1502, and 19-2.5-1519, means any county, city and county, city, town, judicial district attorney's office, or school district.

(23) "Guardian ad litem" is defined in section 19-1-103.

(24) "Halfway house" means a group care facility for juveniles who have been placed on probation or parole pursuant to the terms of this article 2.5.

(25) Repealed.

(26) "Indian child" is defined in section 19-1-103.

(27) "Intellectual and developmental disability" means a disability that is manifested before the person reaches his or her twenty-second birthday, that constitutes a substantial disability to the affected individual, and that is attributable to an intellectual disability or other neurological conditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability. Unless otherwise specifically stated, the federal definition of "developmental disability", 42 U.S.C. sec. 15002 (8), does not apply.

(28) "Juvenile" is defined in section 19-1-103.

(29) "Juvenile community review board" means any board appointed by a board of county commissioners for the purpose of reviewing community placements pursuant to this article 2.5. A juvenile community review board, if practicable, includes but is not limited to a representative from a county department of human or social services, a local school district, a local law enforcement agency, a local probation department, a local bar association, the division of youth services, and private citizens.

(30) "Juvenile court" or "court" is defined in section 19-1-103.

(31) "Juvenile delinquent" means a juvenile who has been found guilty of a delinquent act.

(32) "Mental capacity" means a juvenile's capacity to meet all of the following criteria:

(a) Appreciate the charges or allegations against the juvenile;

(b) Appreciate the nature of the adversarial process, which includes having a factual and rational understanding of the participants in the proceeding and their roles, including the judge, defense counsel, prosecutor, and, if applicable, the guardian ad litem and the jury;

(c) Appreciate the range and nature of allowable dispositions that may be imposed by the court;

(d) Have the ability to communicate to counsel information known to the juvenile regarding the allegations against the juvenile, as well as information relevant to the proceeding at issue; and

(e) Understand and appreciate the right to testify and to voluntarily exercise the right.

(33) "Mental health disorder" means a substantial disorder of thought, mood, perception, or cognitive ability that results in marked functional disability and significantly interferes with adaptive behavior. "Mental health disorder" does not include acute intoxication from alcohol or other substances, any condition manifested only by antisocial behavior, or any substance abuse impairment resulting from recent use or withdrawal. However, substance abuse that results in a long-term, substantial disorder of thought, mood, or cognitive ability may constitute a mental health disorder.

(34) "Mental health hospital placement prescreening" means a face-to-face mental health examination conducted by a mental health professional to determine whether a child should be placed in a facility for evaluation pursuant to section 27-65-106. The prescreening may include consultation with other mental health professionals and review of all available records on the child.

(35) "Office of alternate defense counsel" means the office of alternate defense counsel created and existing pursuant to section 21-2-101.

(36) "Office of the state public defender" means the office of state public defender created and existing pursuant to section 21-1-101.

(37) "Parent" is defined in section 19-1-103.

(38) "Peace officer" has the same meaning as set forth in section 16-2.5-101.

(39) "Physical custodian", as used in sections 19-2.5-203 and 19-2.5-501, means a guardian, whether or not appointed by court order, with whom the juvenile has resided.

(40) "Reasonable efforts" is defined in section 19-1-103.

(41) "Receiving center" means a facility used by the department of human services to provide temporary detention and care for juveniles pending placement in a training school, camp, or other facility.

(42) "Repeat juvenile offender" is described in section 19-2.5-1125 (2).

(43) "Residential community placement" means any placement for residential purposes permitted pursuant to this title 19, except in an institutional facility directly operated by, or a secure facility under contract with, the department of human services and except while a juvenile is under the jurisdiction of the juvenile parole board.

(44) Repealed.

(45) (a) "Restorative justice" means those practices that emphasize repairing the harm to the victim and community caused by delinquent acts. Restorative justice practices may include victim-offender conferences attended voluntarily by the victim, a victim advocate, the offender, community members, and supporters of the victim or the offender that provide an opportunity for the offender to accept responsibility for the harm caused to those affected by the crime and to participate in setting consequences to repair the harm. Consequences recommended by the participants may include but need not be limited to apologies, community service, restoration, and counseling. The selected consequences are incorporated into an agreement that sets time limits for completion of the consequences and is signed by all participants.

(b) Any statements made during the restorative justice process are confidential and must not be used against the juvenile, or as a basis for charging or prosecuting the juvenile, unless the juvenile commits a chargeable offense during the process.

(c) Nothing precludes a person from reporting child abuse or neglect when required pursuant to section 19-3-304 or a mental health provider from complying with a duty to warn pursuant to section 13-21-117 (2).

(46) "Screening team" means the person or persons designated, pursuant to rule 3.7 of the Colorado rules of juvenile procedure, by the chief judge in each judicial district or, for the second judicial district, the presiding judge of the Denver juvenile court to make recommendations to the juvenile court concerning whether a juvenile taken into temporary custody should be released or admitted to a detention or shelter facility pursuant to section 19-2.5-305.

(47) "Sentencing hearing" means a hearing to determine what sentence must be imposed on a juvenile delinquent or what other order of disposition must be made concerning a juvenile delinquent, including commitment. A sentencing hearing may be part of the proceeding that includes the adjudicatory trial, or it may be held at a time subsequent to the adjudicatory trial.

(48) "Staff secure facility" means a group facility or home at which each juvenile is continuously under staff supervision and at which all services, including education and treatment, are provided on site. A staff secure facility may or may not be a locked facility.

(49) "Standardized mental health disorder screening" means the mental health disorder screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102.

(50) "Status offense" has the same meaning as defined in federal law in 28 CFR 31.304, as amended.

(51) "Temporary holding facility" is defined in section 19-1-103.

(52) "Training school" means an institution providing care, education, treatment, and rehabilitation for juveniles in a closed setting and includes a regional center established in part 3 of article 10.5 of title 27.

(53) "Victim", as used in this article 2.5, means any party immediately and directly aggrieved by the juvenile or youth; that party's spouse; the party's parent, sibling, or child who is living with the party; a victim compensation board that has paid a victim compensation claim; a person or entity that has suffered losses because of a contractual relationship with such party, including an insurer or because of liability under section 14-6-110; or, in the absence of any of the above, the state.

(54) "Youth" is defined in section 19-1-103.
C.R.S. § 19-5-103 — CO Code / Title 19 / Article 5 / Part 1 / Section 19-5-103
19-5-103. Relinquishment procedure - petition - hearings
Status: in_force

19-5-103. Relinquishment procedure - petition - hearings. (1) Any parent desiring to relinquish his or her child shall:

(a) Obtain counseling for himself or herself and the child to be relinquished as the court deems appropriate from the county department of human or social services in the county where the parent resides or from a licensed child placement agency, and, if the petitioner has not received the counseling required by the court, the petition must be continued until counseling is obtained, and the court shall refer the petitioner to counseling;

(b) (I) Petition the juvenile court upon a standardized form prescribed by the judicial department giving the following information: The name of both natural parents, if known; the name of the child, if named; the ages of all parties concerned; and the reasons for which relinquishment is desired.

(II) The petition shall be accompanied by a standardized affidavit of relinquishment counseling prescribed by the judicial department that includes:

(A) A statement indicating the nature and extent of counseling furnished to the petitioner, if any, and the recommendations of the counselor;

(B) A copy of the original birth certificate or a copy of the application therefor; and

(C) A statement disclosing any and all payments, gifts, assistance, goods, or services received, promised, or offered to the relinquishing parent in connection with the pregnancy, birth, or proposed relinquishment of the child and the source or sources of such payments, gifts, assistance, goods, or services.

(1.5) (a) Pursuant to the provisions of section 19-1-126, the petition for relinquishment shall:

(I) Include a statement indicating whether the child is an Indian child; and

(II) 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 shall be attached to the petition and filed with the court or filed within fourteen days after the filing of the petition, as specified in section 19-1-126 (1)(c).

(2) The counseling specified in subsection (1)(a) of this section and provided by the department or the child placement agency shall include, but not be limited to, the following:

(a) Information to the relinquishing parent concerning the permanence of the decision and the impact of such decision on the relinquishing parent now and in the future;

(b) Information concerning each parent's complete medical and social histories;

(c) In the case of pregnancy, referral of the woman for medical care and for determination of eligibility for medical assistance;

(d) Information concerning alternatives to relinquishment and referral to private and public resources that may meet the parent's needs;

(e) Relinquishment services necessary to protect the interests and welfare of a child born in a state institution;

(f) Information to the child's parent that if he or she applies for public assistance for himself or herself and the child, he or she must cooperate with the child support enforcement unit for the establishment and enforcement of a child support order; and

(g) The confidentiality of all information, except for nonidentifying information as defined in section 19-1-103 that may be accessed pursuant to part 4 of this article 19, obtained by the department and the child placement agency in the course of relinquishment counseling unless the parent provides written permission or a release of information is ordered by a court of competent jurisdiction and except for a copy of an original birth certificate that may be obtained by an adult adoptee, adult descendant of an adoptee, or a legal representative of the adoptee or descendant as authorized by section 19-5-305. The counseling must also include notice that a birth parent has the opportunity to file a written statement specifying that the birth parent's information remain confidential, an explanation of the rights and responsibilities of birth parents who disagree about consent as set forth in section 19-5-305, and notice that a birth parent has the opportunity to sign and submit a contact preference form and updated medical history statements to the state registrar as set forth in section 19-5-305 (1.5).

(2.5) In those cases in which a parent proposes to relinquish his or her parent-child legal relationship with respect to 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 and providing notice as set forth in section 19-5-103.5.

(3) Upon receipt of the petition for relinquishment, the court shall set the same for hearing on the condition that the requirements of subsection (1) of this section have been complied with by the petitioner.

(4) (a) Except as otherwise provided in section 19-5-103.5 (2)(d), the parent-child legal relationship of a parent shall not be terminated by relinquishment proceedings unless the parent joins in the petition.

(b) The relinquishing parent, child placement agency, and county department of human or social services shall provide the court any and all information described in section 19-1-103 (103) that is available to the relinquishing parent, agency, or county department.

(c) When a motion has been filed to terminate parental rights, a respondent parent with a pending dependency and neglect case brought pursuant to article 3 of this title 19 may pursue relinquishment pursuant to this article 5. Any relinquishment that occurs pursuant to this article 5 must be certified into the dependency and neglect case. In any case where a respondent parent has relinquished the parent's rights pursuant to this article 5, the juvenile court shall follow the procedures set forth in part 6 of article 3 of this title 19 to terminate any remaining respondent parent rights. When a motion has been filed to terminate parental rights pursuant to section 19-3-604, the caseworker shall, upon request by a parent and if services are available, refer the requesting parent to relinquishment counseling. The county shall make reasonable attempts to refer relinquishment services that are accessible to the parent.

(5) The court shall not issue an order of relinquishment until it is satisfied that the relinquishing parent and the child, if determined appropriate by the court, have been counseled pursuant to subsection (1) of this section and this subsection (5) and fully advised of the consequences of the parent's act. The court may order counseling for any age child to be relinquished if the court deems such counseling would be in the child's best interests. The court may order that a child younger than twelve years of age be prepared for relinquishment, termination of parental rights, or adoption.

(6) If the court finds after the hearing that it is in the best interests of the child that no relinquishment be granted, the court shall enter an order dismissing the action.

(7) (a) The court shall enter an order of relinquishment if the court finds after the hearing that:

(I) The relinquishing parent or parents and any child that the court directed into counseling have been counseled as provided in subsections (1) and (5) of this section; and

(II) The parent's decision to relinquish is knowing and voluntary and not the result of any threats, coercion, or undue influence or inducements; and

(III) The relinquishment would best serve the interests of the child to be relinquished.

(b) There shall be a rebuttable presumption that a relinquishment would not be in the child's best interests if the child is twelve years of age or older and objects to the relinquishment.

(8) If the court is not satisfied that the relinquishing parents and the child, if twelve years of age or older, have been offered proper and sufficient counsel and advice, it shall continue the matter for such time as the court deems necessary.

(9) (a) The court may appoint a guardian ad litem to protect the interests of the child if:

(I) The court finds that there is a conflict of interest between the child and the child's parents, guardian, or legal custodian;

(II) The court finds that such appointment would be in the best interests of the child; or

(III) The court determines that the child is twelve years of age or older and that the welfare of the child mandates such appointment. If counsel for youth is appointed pursuant to article 3 of this title 19, the counsel for youth is appointed pursuant to this section.

(b) Reasonable fees for guardians ad litem or counsel for youth appointed pursuant to this subsection (9) must be paid by the relinquishing parent or parents; except that, in the case of an indigent parent or parents, such fees must be paid as an expense of the state from annual appropriations to the office of the child's representative.

(10) The court may interview the child in chambers to ascertain the child's wishes as to the relinquishment proceedings. The court may permit counsel to be present at such an interview. The court shall cause a record of the interview to be made, and it shall be made a part of the record in the case.

(11) The court may seek the advice of professional personnel whether or not said personnel are employed on a regular basis by the court. Any advice given by professional persons shall be in writing and shall be made available by the court to attorneys of record, to the parties, and to any other expert witnesses upon request, but it shall be considered confidential for any other purposes, shall be sealed, and shall not be open to inspection except by consent of the court. Attorneys of record may call for the cross-examination of any professional persons consulted by the court.

(12) The provisions of this section, including but not limited to relinquishment counseling, notification, and the relinquishment hearing, shall apply in any case involving a child in Colorado or for whom Colorado is the home state as described in section 14-13-102 (7), C.R.S., including any case in which it is proposed that the child to be relinquished will be relinquished or adopted outside the state of Colorado.
C.R.S. § 19-1-311 — CO Code / Title 19 / Article 1 / Part 3 / Section 19-1-311
19-1-311. Centralized integrated data base system for children and families - strategic bu
Status: repealed

19-1-311. Centralized integrated data base system for children and families - strategic business plan - technology plan - children's information management committee - report. (Repealed)
C.R.S. § 19-2.5-1206 — CO Code / Title 19 / Article 2.5 / Part 12 / Section 19-2.5-1206
19-2.5-1206. Parole violation and revocation
Status: in_force

19-2.5-1206. Parole violation and revocation. (1) The director of the division of youth services or any juvenile parole officer may arrest any parolee when:

(a) The director or officer has a warrant commanding that the parolee be arrested; or

(b) The director or officer has probable cause to believe that a warrant for the parolee's arrest has been issued in this state or another state for any criminal offense or for violation of a condition of parole; or

(c) Any offense under the laws of this state has been or is being committed by the parolee in the director's or officer's presence; or

(d) The director or officer has probable cause to believe that a violation of law has been committed by the parolee; or

(e) The director or officer has probable cause to believe that the parolee has violated a condition of the juvenile's parole and probable cause to believe that the parolee is leaving or about to leave the state, or that the parolee will fail or refuse to appear before the hearing panel to answer charges of violations of one or more conditions of parole, or that the parolee's arrest is necessary to prevent physical harm to the parolee or another person or to prevent the violation of a law.

(2) When an alleged parole violator is taken into custody, the director of the division of youth services or the juvenile parole officer shall notify the juvenile's parents, guardian, or legal custodian without unnecessary delay.

(3) When a juvenile parole officer has reasonable grounds to believe that a parolee has violated a condition of parole, the juvenile parole officer may issue a summons requiring the parolee to appear before the hearing panel at a specified time and place to answer charges of violation of one or more conditions of parole. The summons, unless accompanied by a copy of a complaint filed before the hearing panel seeking revocation or suspension of parole or modification of parole conditions, must contain a brief statement of the alleged parole violation and the date and place of the alleged parole violation. Failure of the parolee to appear before the hearing panel as required by the summons is a violation of a condition of parole.

(4) If, rather than issuing a summons, a parole officer arrests a parolee with or without a warrant or takes custody of a parolee who has been arrested by another, the parole officer shall place the parolee in the nearest local juvenile detention facility or shelter care facility approved by the department of human services, if under eighteen years of age, or in the nearest county jail, if eighteen years of age or older. Within forty-eight hours, not including Saturdays, Sundays, and legal holidays, the parole officer shall take one of the following actions:

(a) Notify the juvenile parole board that the parolee has been arrested or taken into custody and request that a juvenile parole preliminary hearing be conducted by an administrative law judge; or

(b) Obtain from the parolee a written agreement that the parolee waives the right to a juvenile parole preliminary hearing. The parolee's parent or guardian shall also sign the waiver of the parolee if the parolee is a juvenile; or

(c) Release the parolee if the parolee is not subject to other actions that require further detention.

(5) An administrative law judge shall, upon the request of the juvenile parole board, conduct a preliminary hearing in a case in which a parole violation has been alleged to determine whether there is probable cause to believe that the parolee has violated a condition of parole, pursuant to subsection (4) of this section.

(6) Whenever an administrative law judge schedules a preliminary hearing pursuant to subsection (5) of this section, the juvenile parole officer shall notify the parolee and the parolee's parent, guardian, or legal custodian of the following information:

(a) The date, the time, and the place of the preliminary hearing and the name of the administrative law judge;

(b) That the purpose of the hearing is to determine whether there is probable cause to believe that the parolee has violated parole;

(c) That at the preliminary hearing the parolee will be permitted to present evidence, either oral or documentary, in person or by other witnesses, in defense of any alleged parole violation;

(d) A statement of any alleged parole violation;

(e) A brief summary of the evidence tending to establish any alleged parole violation; and

(f) That the parolee has the right to counsel at the preliminary hearing.

(7) (a) At any preliminary hearing held pursuant to subsection (5) of this section, the administrative law judge shall hear any offered testimony and determine whether there is probable cause to believe that the parolee has violated parole. If probable cause has not been shown, the administrative law judge shall order the parolee's release and make a written report of the judge's findings to the juvenile parole board within fourteen days of the hearing.

(b) If the administrative law judge finds that probable cause exists to believe that the parolee has violated parole, the administrative law judge shall order that the parolee be held to answer the charge before a hearing panel and shall order that the juvenile parole officer return the parolee without unnecessary delay to any of the juvenile corrections facilities of the department of human services pending a hearing before a hearing panel on the complaint for revocation, suspension, or modification of the juvenile's parole.

(8) Within fourteen working days after the finding of probable cause by the preliminary administrative law judge, the juvenile parole officer shall complete the officer's investigation and either:

(a) File a complaint before the hearing panel in which the facts are alleged upon which a revocation of parole is sought; or

(b) Recommend to the director of the division of youth services, or the director's designee, that the parolee, if detained, be released and the violation proceedings be dismissed. The director, or the director's designee, shall determine whether to cause the violation proceedings to be dismissed, and, if he or she elects to cause dismissal, the parolee must be released or notified that the parolee is relieved of obligation to appear before the hearing panel. In such event, the director, or the director's designee, shall give written notification to the board of such action.

(9) A complaint filed by a juvenile parole officer in which revocation of parole is sought must contain the name of the parolee, identify the violation charged and the condition or conditions of parole alleged to have been violated, including the date and approximate location of the violation, and be signed by the juvenile parole officer. A copy must be given to the parolee and the parolee's parents, guardian, or legal custodian at least seven days before a hearing on the complaint is held before the hearing panel.

(10) The board may order the detention of any parolee for failure to appear as required by the summons issued pursuant to subsection (3) of this section.

(11) At least seven days before the appearance of a parolee before the hearing panel, the juvenile parole officer shall provide, in writing, to the parolee and the parolee's parents, guardian, or legal custodian the following:

(a) A statement of the nature of the charges that are alleged to justify revocation or suspension of parole and the substance of the evidence sustaining the charges;

(b) A copy of the complaint unless he or she has already received one;

(c) A listing of the consequences that may follow in the event parole is revoked; and

(d) An advisement that, if the parolee denies the charges, a hearing will be held before the hearing panel, that, at the hearing, the parolee may testify and present witnesses and documentary evidence in defense of the charges or in mitigation or explanation, and that the parolee has the right to counsel at the hearing.

(12) At the hearing before the hearing panel, if the parolee denies the violation, the division of youth services has the burden of establishing by a preponderance of the evidence the violation of a condition or conditions of parole. The hearing panel shall, when it appears that the alleged violation of conditions of parole consists of an offense with which the parolee is charged in a criminal case then pending, continue the parole violation hearing until the termination of the criminal proceeding. Any evidence having probative value is admissible regardless of its admissibility under exclusionary rules of evidence if the parolee is accorded a fair opportunity to rebut hearsay evidence. The parolee has the right to confront and to cross-examine adverse witnesses unless the administrative law judge specifically finds good cause for not allowing confrontation.

(13) If the hearing panel determines that a violation of a condition or conditions of parole has been committed, it shall hear further evidence related to the parolee's disposition. At the conclusion of the hearing, the hearing panel shall advise the parties of its findings and recommendations and of their right to request a review before the board. Such review may be held if a written request is filed within fourteen days after the conclusion of the hearing before the hearing panel. If a review before the board is not requested or the right to review is waived, the findings and recommendations of the hearing panel, if unanimous, become the decision of the juvenile parole board unless the board on its own motion orders a review.

(14) The case of a juvenile alleged or found to have violated the conditions of parole outside the state of Colorado must be handled according to the interstate compact on juveniles, part 7 of article 60 of title 24.
C.R.S. § 19-4.5-102 — CO Code / Title 19 / Article 4.5 / Section 19-4.5-102
19-4.5-102. Legislative declaration
Status: in_force

19-4.5-102. Legislative declaration. (1) The general assembly finds and declares that surrogacy agreements executed pursuant to this article 4.5 are in accord with the public policy of this state.

(2) The general assembly further finds and declares that the purpose of this article 4.5 is to:

(a) Establish consistent standards and procedural safeguards to promote the best interests of the children who are born as a result of surrogacy agreements executed pursuant to this article 4.5;

(b) Protect all parties involved in surrogacy agreements executed pursuant to this article 4.5; and

(c) Recognize the technological advances in assisted reproductive medicine and allow the use of these advances by intended parents and gestational surrogates and genetic surrogates according to the public policy of this state.
C.R.S. § 19-4-120 — CO Code / Title 19 / Article 4 / Section 19-4-120
19-4-120. Represented by counsel
Status: in_force

19-4-120. Represented by counsel. At the pretrial hearing and in further proceedings, any party may be represented by counsel or a licensed legal paraprofessional, but a licensed legal paraprofessional shall not engage in any tasks or activities that are prohibited by the Colorado supreme court pursuant to court rules.
C.R.S. § 19-5-205 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-205
19-5-205. Adoption decree of foreign country approved
Status: in_force

19-5-205. Adoption decree of foreign country approved. (1) (a) A petition seeking a decree declaring valid an adoption granted by a court of any country other than the United States of America may be filed at any time by residents of the state of Colorado.

(b) The petition shall contain all information required in section 19-5-207 (2); except that the court shall not require the petition to contain or be accompanied by the written consent described in section 19-5-207 (1), the written home study report described in section 19-5-207 (2)(a), the fees described in section 19-5-207.5 (4), or a written legal memorandum with specific references to the applicable law of the foreign country.

(2) The court shall issue a decree declaring valid an adoption granted by a court of competent jurisdiction or other authorized individual or entity of a country other than the United States of America upon a finding that:

(a) At the time the petition is filed, the petition contains a verified statement that at least one of the adopting parents is a citizen and resident of the state of Colorado or other evidence that at least one of the adopting parents is a citizen and resident of the state of Colorado;

(b) The original or a certified copy of a valid foreign adoption decree, together with a notarized translation, is presented to the court; and

(c) The child is either a permanent resident or a naturalized citizen of the United States. A photocopy of the child's resident alien card issued by the immigration and naturalization service of the United States, department of justice, or any successor agency, shall be sufficient evidence that the child is either a permanent resident or a naturalized citizen of the United States.

(2.5) The adopting parties filing a petition pursuant to this section shall not be required to be represented by an attorney.

(3) Any decree issued pursuant to this section shall have the same legal effect as any decree of adoption issued by the court.
C.R.S. § 19-1-107 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-107
19-1-107. Social study and other reports
Status: repealed

19-1-107. Social study and other reports. (1) Unless waived by the court, an agency designated by the court shall make a social study and report in writing in all children's cases; except that:

(a) Repealed.

(b) Adoption reports shall be as provided in article 5 of this title.

(2) For the purpose of determining proper disposition of a child, written reports and other material 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 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.

(2.5) For purposes of determining the appropriate treatment plan in connection with the disposition of a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the report shall include a list of services available to families that are specific to the needs of the child and the child's family and that are available in the community where the family resides. The report shall establish a priority of the services if multiple services are recommended. The services may include, but are not limited to, transportation services, family time services, psychological counseling, drug screening and treatment programs, marriage and family counseling, parenting classes, housing and day care assistance, and homemaker services.

(3) In a case where placement out of the home is recommended, the social study required by subsection (1) of this section must include the cost of the recommended placement and an evaluation for placement containing the information required by section 19-1-115 (8)(e). The department of education and the department of human services shall jointly develop placement criteria, and, in the case of matters involving juvenile delinquency, the criteria must be in accordance with the criteria for the placement of juveniles specified in section 19-2.5-1404. Such criteria must be used by the agency designated by the court to determine its recommendation about the need for placement.

(4) The court shall inform the child, his parent or legal guardian, or other interested party of the right of cross-examination concerning any written report or other material as specified in subsection (2) of this section.
C.R.S. § 19-3-216 — CO Code / Title 19 / Article 3 / Part 2 / Section 19-3-216
19-3-216. Rules
Status: in_force

19-3-216. Rules. The state board of human services shall promulgate rules to determine whether there is child abuse or neglect as defined in section 19-1-103 (1)(a)(VII) or if a child is neglected or dependent as described in section 19-3-102 (1)(g).
C.R.S. § 19-2.5-613 — CO Code / Title 19 / Article 2.5 / Part 6 / Section 19-2.5-613
19-2.5-613. Advisement of services
Status: in_force

19-2.5-613. Advisement of services. (1) For any juvenile who is sixteen years of age or older, before terminating jurisdiction, the court shall advise the juvenile that:

(a) If the juvenile was in foster care at sixteen years of age or older, or in noncertified kinship care and adjudicated dependent and neglected, then the juvenile has the right to begin voluntarily receiving child welfare services on or after reaching eighteen years of age through the foster youth in transition program, established in part 3 of article 7 of this title 19, until the juvenile's twenty-first birthday, or such greater age of foster care eligibility as required by federal law;

(b) The foster youth in transition program provides the juvenile with access to financial support for housing and other services, as outlined in section 19-7-305; and

(c) If the juvenile is eligible for the foster youth in transition program, the juvenile has the right to counsel through the office of the child's representative.
C.R.S. § 19-2.5-1405 — CO Code / Title 19 / Article 2.5 / Part 14 / Section 19-2.5-1405
19-2.5-1405. Working group - allocation of beds
Status: in_force

19-2.5-1405. Working group - allocation of beds. (1) The executive director of the department of human services and the state court administrator in the judicial department, or a designee of such persons, in consultation with the division of criminal justice of the department of public safety, the office of state planning and budgeting, the Colorado district attorneys' council, and law enforcement representatives, shall form a working group that has the following duties:

(a) To annually allocate the number of juvenile detention beds to each catchment area in the state created pursuant to section 19-2.5-1513, based on the number of juvenile beds established pursuant to section 19-2.5-1514. Once the allocation of juvenile detention beds is made to the catchment areas, the working group shall allocate detention beds within the catchment areas to the judicial districts within each catchment area. Judicial districts shall not exceed the number of beds allocated to them except for circumstances provided for in subsection (1)(b) of this section.

(b) To develop a mechanism for judicial districts to loan detention beds to other judicial districts in cases of need;

(c) To develop emergency release guidelines that must be used by each judicial district to prevent placement of a juvenile in a juvenile detention facility in excess of the number of beds allocated to the judicial district; and

(d) To develop juvenile detention placement guidelines for each judicial district to use in complying with the number of juvenile detention beds allocated to the judicial district.
C.R.S. § 19-4-105.5 — CO Code / Title 19 / Article 4 / Section 19-4-105.5
19-4-105.5. Commencement of proceedings - summons - automatic temporary injunction - enforce
Status: in_force

19-4-105.5. Commencement of proceedings - summons - automatic temporary injunction - enforcement. (1) All proceedings under this article shall be commenced in the manner provided by the Colorado rules of civil procedure or as otherwise provided in this section or section 26-13.5-104, C.R.S.

(2) Upon commencement of a proceeding under this article by one of the parties, the other parties shall be served in the manner set forth in section 19-4-109 (2), the Colorado rules of civil procedure, or as otherwise provided in section 26-13.5-104, C.R.S.

(2.5) Upon the commencement of a proceeding under this article, each party shall provide to the court, in the manner prescribed by the court, his or her social security number and the social security number of each child who is the subject of the proceeding under this article.

(3) Proceedings under this article may be commenced prior to the birth of a child.

(4) If a petition is filed by an alleged father or possible father pursuant to the requirements of section 19-5-103.7, the licensed child placement agency involved shall receive notice of the action in the same manner as a party to the action.

(5) A summons issued upon commencement of a proceeding under this article shall contain the following advisements and notice:

(a) That a request for genetic tests shall not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), C.R.S.;

(b) That, if genetic tests are not obtained prior to a legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date; and

(c) (I) That, except in proceedings initiated pursuant to section 14-10-124.4 or in proceedings initiated by a delegate child support enforcement unit, as defined in section 26-13-102.5 (1), pursuant to article 13 or 13.5 of title 26, or article 5 of title 14, upon personal service of the petition and summons on a respondent or upon waiver and acceptance of service by a respondent, a temporary injunction shall be in effect against both parties:

(A) Enjoining each party from molesting or disturbing the peace of the other party;

(B) Restraining each party from removing a minor child who is the subject of a proceeding under this article from the state without the consent of all other parties or an order of the court modifying the injunction; and

(C) Restraining each party, without at least fourteen days' advance notification and the written consent of all other parties or an order of the court modifying the injunction, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, a policy of health insurance or life insurance that provides coverage to a minor child who is the subject of the proceeding or that names the minor child as a beneficiary of a policy.

(II) The temporary injunction shall be in effect upon personal service of the petition and summons on a respondent or upon waiver and acceptance of service by a respondent and shall remain in effect for one hundred twenty days after its effective date unless all parties consent to a modification of the temporary injunction. The court may, upon the motion of a party or upon its own motion, modify the length of time the temporary injunction is in effect to a shorter or longer period of time as the court deems appropriate.

(6) The provisions of the temporary injunction described in subsection (5) of this section shall be printed on the summons and the petition. A party may apply to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of the temporary injunction.

(7) For purposes of enforcing the automatic temporary injunction described in paragraph (c) of subsection (5) of this section, if a respondent shows a duly authorized peace officer, as described in section 16-2.5-101, C.R.S., a copy of the petition and summons filed and issued pursuant to this section, or if a petitioner shows the peace officer a copy of the petition and summons filed and issued pursuant to this section together with a certified copy of the affidavit of service of process or a certified copy of the waiver and acceptance of service, and the peace officer has cause to believe that a violation of the part of the automatic temporary injunction that enjoins a party from molesting or disturbing the peace of the other party has occurred, the peace officer shall use every reasonable means to enforce that part of the injunction against the petitioner or respondent, as applicable. A peace officer shall not be held civilly or criminally liable for his or her actions pursuant to this subsection (7) if the peace officer acts in good faith and without malice.
C.R.S. § 19-7-304 — CO Code / Title 19 / Article 7 / Part 3 / Section 19-7-304
19-7-304. Eligibility and enrollment
Status: in_force

19-7-304. Eligibility and enrollment. (1) An eligible youth is an individual who:

(a) Is at least eighteen years of age or older, but less than twenty-one years of age, or such greater age of foster care eligibility as required by federal law;

(b) Has a current dependency and neglect case or has current or recent prior foster care or kinship care involvement in at least one of the following ways:

(I) The youth was in foster care, as defined in section 19-1-103, on or after the youth's sixteenth birthday;

(II) The youth was in noncertified kinship care, as defined in section 19-1-103, on or after the youth's sixteenth birthday and was adjudicated dependent and neglected pursuant to article 3 of this title 19; or

(III) The youth turned eighteen years of age when the youth was a named child or youth in a dependency and neglect case open through article 3 of this title 19;

(c) (I) Except as provided in subsection (1)(c)(II) of this section, or except as such requirements may be waived by federal law, is engaged in, or intends to engage in, at least one of the following:

(A) Completing secondary education or an educational program leading to an equivalent credential;

(B) Attending an institution that provides postsecondary or career and technical education;

(C) Working part- or full-time for at least eighty hours per month; or

(D) Participating in a program or activity designed to promote employment or remove barriers to employment.

(II) The requirement described in subsection (1)(c)(I) of this section does not apply to a youth who is incapable of engaging in any of the activities described in subsection (1)(c)(I) of this section as a result of a medical condition that is supported by regularly updated documentation in the youth's case plan; and

(d) Seeks to enter into or has entered into and is substantially fulfilling the youth's obligations pursuant to a voluntary services agreement with the appropriate county department.

(2) An individual who is no longer under the jurisdiction of the juvenile court and believes he or she may be an eligible youth may request to participate in the transition program by making a request to the county department where the youth self-attests that the youth resides. The youth shall provide documentation of the youth's legal name and date of birth, if available. If the youth does not have such documentation, the youth may attest to the youth's legal name and date of birth. The youth shall provide current contact information.

(3) The county department shall determine whether a youth is eligible within three business days of the youth's request and, if so, explain the transition program and provide the voluntary services agreement to the eligible youth. Within three business days of an eligible youth's decision to enter the program, the county department shall prepare and execute, in collaboration with the eligible youth, a voluntary services agreement, as described in section 19-7-306; provide a copy of the voluntary services agreement to the eligible youth; and, within ninety days of a voluntary services agreement remaining in effect, file a petition with the juvenile court pursuant to section 19-7-307 that includes the voluntary services agreement. If the county department determines that the youth is not eligible, the county department shall notify the youth of the county department's determination, the reasons for such determination, how to appeal a denial of eligibility, and provide contact information for the office of the child's representative.

(4) An eligible youth may voluntarily participate in the transition program for any length of time until the last day of the month of the individual's twenty-first birthday, or such greater age of foster care eligibility as required by federal law.

(5) A participating youth retains all the rights and responsibilities the individual would normally have, including but not limited to consenting to the youth's own medical care; entering into contracts, including but not limited to leasing contracts, employment contracts, and contracts for purchase; and obtaining and maintaining accounts with financial institutions.
C.R.S. § 19-3.3-103 — CO Code / Title 19 / Article 3.3 / Section 19-3.3-103
19-3.3-103. Office of the child protection ombudsman - powers and duties - access to informa
Status: in_force

19-3.3-103. Office of the child protection ombudsman - powers and duties - access to information - confidentiality - testimony - judicial review - definitions. (1) The ombudsman has the following duties, at a minimum:

(a) (I) (A) To receive complaints concerning child protection services. For the purposes of this section, "complaint" means any report or complaint made by or on behalf of a child relating to any action, inaction, or decision of any public agency or any provider that receives public money that may adversely affect the safety, permanency, or well-being of the child. The ombudsman may, independently and impartially, investigate a complaint, which may include complaints about an incident of egregious abuse or neglect or near fatality, as described in section 26-1-139, or fatality of a child, as described in part 20.5 of title 25 and section 26-1-139. The ombudsman may seek resolution of a complaint, which may include but need not be limited to referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint.

(B) The ombudsman shall treat all complaints received pursuant to subsection (1)(a)(I)(A) of this section as confidential, including the identities of complainants and individuals from whom information is acquired; except that disclosures may be permitted if the ombudsman deems it necessary to enable the ombudsman to perform the ombudsman's duties and to support any recommendations resulting from an investigation. Records relating to complaints received by the office and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

(C) The ombudsman and any employee or person acting on behalf of the ombudsman shall not be compelled to provide oral and written testimony in a civil or criminal proceeding in which the ombudsman is not a legal party. Information, records, or documents requested and reviewed by the ombudsman pursuant to this section are not subject to a subpoena issued to the ombudsman, discovery from the ombudsman, or introduction into evidence through the ombudsman in a civil or criminal proceeding in which the ombudsman is not a legal party. Nothing in this subsection (1)(a)(I)(C) restricts or limits the right to discover or use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

(II) (A) In investigating a complaint, the ombudsman has the authority to request, access, and review any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent review of a complaint so long as either the state department or a county department would be entitled to access or receive such information, records, or documents.

(B) In the course of investigating a complaint pursuant to subsection (1)(a)(I)(A) of this section that is related to a child fatality, near fatality, or incident of egregious abuse or neglect against a child, as defined in section 26-1-139 (2), upon request, the state department of human services' child fatality review team, pursuant to section 26-1-139 (5)(e), shall provide the ombudsman the final confidential, case-specific review report.

(C) In the course of investigating a complaint pursuant to subsection (1)(a)(I)(A) of this section that is related to a child fatality, upon request, the department of public health and environment's child fatality prevention review team, pursuant to section 25-20.5-405, shall provide the ombudsman with the nonidentifying case review findings and recommendations.

(D) The ombudsman must have access to all information, records, or documents described in subsection (1)(a)(II)(A) of this section created in an investigation of an event or incident described in subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section occurring in the state from any entity, including but not limited to a coroner's office, law enforcement agency, hospital, court, the office of state registrar of vital statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104.

(E) The ombudsman shall request, review, and receive copies of records as described in subsections (1)(a)(II)(A), (1)(a)(II)(B), and (1)(a)(II)(C) of this section without cost if electronic records are not available.

(F) Nothing in the provisions of subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section grants subpoena power to the ombudsman for purposes of investigating a complaint pursuant to subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section.

(III) The ombudsman shall refer any complaints relating to the judicial department and judicial proceedings, including but not limited to complaints concerning the conduct of judicial officers or attorneys of record, judicial determinations, and court processes and procedures to the appropriate entity or agency within the judicial department.

(a.5) (I) Notwithstanding any provision of this section to the contrary, the ombudsman may self-initiate an independent and impartial investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, as defined in section 26-6-903, and who is in the custody of the office of refugee resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The ombudsman may seek resolution of such investigation and ongoing review, which may include, but need not be limited to, referring an investigation and ongoing review to the state department or appropriate agency or entity and making a recommendation for action relating to an investigation and ongoing review.

(II) (A) In self-initiating an investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, the ombudsman has the authority to request, review, and receive copies of any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review as described in subsection (1)(a.5)(I) of this section, without cost to the ombudsman.

(B) A state-licensed residential child care facility shall notify the ombudsman and the state department within three days after the arrival of an unaccompanied immigrant child.

(C) The ombudsman may create and distribute outreach materials to a state-licensed residential child care facility and to individuals who may have regular contact with an unaccompanied immigrant child.

(III) As used in this subsection (1)(a.5), "unaccompanied immigrant child" means a child under the age of eighteen years, without lawful immigration status in the United States, who has been designated an unaccompanied child and transferred to the custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.

(b) To evaluate and make a recommendation to the executive director and any appropriate agency or entity for the creation of a statewide grievance policy that is accessible by children and families within the child protection system and that is transparent and accountable;

(c) To report, as required by the provisions of section 19-3.3-108, concerning the actions of the ombudsman related to the goals and duties of the office;

(d) To review the memorandum of understanding between the office and the judicial department and renegotiate such memorandum of understanding at any time as the office and the judicial department mutually deem appropriate;

(e) To act on behalf of the office and serve as signator for the office;

(f) To ensure accountability and consistency in the operating policies and procedures, including reasonable rules to administer the provisions of this article and any other standards of conduct and reporting requirements as provided by law; and

(g) To serve or designate a person to serve on the youth restraint and seclusion working group pursuant to section 26-20-110 (1)(i).

(2) The ombudsman has the following powers, at a minimum:

(a) To review issues raised by members of the community relating to child protection policies or procedures and make recommendations to the appropriate agency or entity concerning those issues;

(b) To review and evaluate the effectiveness and efficiency of any existing grievance resolution mechanisms and to make recommendations to the general assembly, executive director, and any appropriate agency or entity for the improvement of the grievance resolution mechanisms;

(c) To help educate the public concerning child maltreatment and the role of the community in strengthening families and keeping children safe;

(d) To promote best practices and effective programs relating to a publicly funded child protection system and to work collaboratively with county departments, when appropriate, regarding improvement of processes;

(e) To recommend to the general assembly, the executive director, and any appropriate agency or entity statutory, budgetary, regulatory, and administrative changes, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado; and

(f) To request, access, and review information, records, or documents received pursuant to subsection (1)(a)(II) of this section.

(3) The ombudsman, employees of the office, and any persons acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department of early childhood, the state department, or a county department with respect to the treatment of confidential information or records and the disclosure of such information and records.

(4) Nothing in this article shall be construed to direct or authorize the ombudsman to intervene in any criminal or civil judicial proceeding or to interfere in a criminal investigation.

(5) In the performance of the ombudsman's duties, the ombudsman shall act independently of the division within the department of early childhood that is responsible for child care, of the divisions within the state department that are responsible for child welfare or youth services, of the county departments of human or social services, and of all judicial agencies, including, but not limited to, the office of the child's representative, the office of the respondent parents' counsel, the office of state public defender, the office of alternate defense counsel, and the office of attorney regulation counsel. Any recommendations made by the ombudsman or positions taken by the ombudsman do not reflect those of the department of early childhood, state department, judicial department, or county departments of human or social services.
C.R.S. § 19-5.5-303 — CO Code / Title 19 / Article 5.5 / Part 3 / Section 19-5.5-303
19-5.5-303. General adoption information
Status: in_force

19-5.5-303. General adoption information. (1) Within a reasonable time before a child placement agency places a child for adoption with a prospective adoptive parent, the child placement agency must provide or cause to be provided to the prospective adoptive parent general adoption information. The information must address:

(a) Possible physical, mental, emotional, and behavioral issues concerning:

(I) Identity, loss, and trauma that a child may experience before, during, or after adoption; and

(II) A child leaving familiar ties and surroundings;

(b) The effect that the access to resources, including health insurance, may have on the ability of an adoptive parent to meet the needs of a child;

(c) Causes of disruption of an adoptive placement or dissolution of an adoption and resources available to help avoid disruption or dissolution; and

(d) Prohibitions under sections 19-5.5-203 and 19-5.5-205.
C.R.S. § 19-2.5-302 — CO Code / Title 19 / Article 2.5 / Part 3 / Section 19-2.5-302
19-2.5-302. Local juvenile services planning committee - creation - duties - identification
Status: in_force

19-2.5-302. Local juvenile services planning committee - creation - duties - identification and notification of dually identified crossover youth. (1) If all of the boards of commissioners of each county or the city council of each city and county in a judicial district agree, there may be created in the judicial district a local juvenile services planning committee that is appointed by the chief judge of the judicial district or, for the second judicial district, the presiding judge of the Denver juvenile court, from persons recommended by the boards of commissioners of each county or the city council of each city and county within the judicial district. The committee, if practicable, must include, but need not be limited to, a representative from a county department of human or social services, a local school district, a local law enforcement agency, a local probation department, the division of youth services, private citizens, the district attorney's office, the public defender's office, a community mental health representative, and a representative of the concerns of municipalities. The committee, if created, shall meet as necessary to develop a plan for the allocation of resources for local juvenile services within the judicial district for the fiscal year. The committee is strongly encouraged to consider programs with restorative justice components when developing the plan. The state department of human services shall approve the plan. A local juvenile services planning committee may be consolidated with other local advisory boards pursuant to section 24-1.7-103.

(1.5) If all of the boards of commissioners for Douglas, Elbert, and Lincoln counties agree, on and after November 1, 2024, there is created in the twenty-third judicial district a local juvenile services planning committee that is appointed initially by the administrative judge of the twenty-third judicial district from persons recommended by the boards of commissioners of such counties. After January 7, 2025, the chief judge of the twenty-third judicial district shall appoint members of the committee. If practicable, the committee must include the members identified in subsection (1) of this section. The committee has the duties specified in subsection (1) of this section.

(2) The plan must provide for the management of dually identified crossover youth. The plan must contain descriptions and processes to include:

(a) A process for the identification of dually identified crossover youth at the earliest reasonable point of contact;

(b) A method for collaborating and exchanging information with other judicial districts, including with the collaborative management program described in section 24-1.9-102 and consistent with the data-sharing policies of the collaborative management program;

(c) A process for promptly communicating information about the youth's crossover status between the child welfare and juvenile justice systems and to notify each other of the new involvement in the respective system or information that may aid in the identification of dually identified crossover youth. The following parties should be notified of a youth's status as a dually identified crossover youth if applicable: Public defenders, district attorneys, local juvenile services planning committee coordinators, human or social services department representatives, probation representatives, juvenile court representatives, parents, and guardians ad litem.

(d) A process for identifying the appropriate services or placement-based assessment for a dually identified crossover youth;

(e) A process for sharing and gathering information in accordance with applicable laws, rules, and county policy;

(f) A process for the development of a single case management plan and identification of the lead agency for case management purposes and the engagement of dually identified crossover youth and their caregivers;

(g) A process that facilitates the sharing of assessments and case planning information and includes policies around sharing information with other judicial districts;

(h) A process for a multidisciplinary group of professionals to consider decisions that include youth and community safety, placement, provision of needed services, alternatives to detention and commitment, probation, parole, permanency, education stability, and case closure; and

(i) A requirement that dually identified crossover youth placed in a secure detention facility who are deemed eligible for release by the court be placed in the least restrictive setting whenever possible to reduce the disparity between dually identified crossover youth and nondually identified crossover youth in secure detention.