C.R.S. § 19-3-100.5 — CO Code / Title 19 / Article 3 / Part 1 / Section 19-3-100.5
19-3-100.5. Legislative declarations - reasonable efforts - movement of children and sibling
Status: in_force

19-3-100.5. Legislative declarations - reasonable efforts - movement of children and sibling groups. (1) The general assembly hereby finds and declares that the stability and preservation of the families of this state and the safety and protection of children are matters of statewide concern. The general assembly finds that the federal "Adoption Assistance and Child Welfare Act of 1980", federal Public Law 96-272, requires that each state make a commitment to make "reasonable efforts" to prevent the placement of abused and neglected children out of the home and to reunify the family whenever appropriate.

(2) The general assembly further finds that the federal "Adoption and Safe Families Act of 1997", federal Public Law 105-89, clarifies what constitutes "reasonable efforts" by decreeing that when deciding whether to make such efforts and in the process of making such efforts, the health and safety of the child is the paramount concern. This federal law further encourages expediting permanency planning for children in out-of-home placement by removing barriers to permanency and streamlining entitlement services. The law specifies that one of the goals of all placement decisions, whether leaving the child in the home or placing the child outside the home, is safety for the child.

(3) The general assembly further finds that the implementation of the federal "Adoption Assistance and Child Welfare Act of 1980", federal Public Law 96-272, is not the exclusive responsibility of the state department of human services or of county or district departments of human or social services. Elected officials at the state and local levels must ensure that resources and services are available through state and local social services agencies and through the involvement of the resources of public and private sources. Judges, attorneys, and guardians ad litem must be encouraged to take independent responsibility to ensure that "reasonable efforts" to prevent out-of-home placements have been made only when appropriate, that permanency occurs for children in foster care, and that safe child placements occur in each case.

(4) (a) The general assembly also hereby finds that:

(I) The American Academy of Pediatrics has found that emotional and cognitive disruptions in the early lives of children have the potential to impair brain development. Paramount in the lives of children in foster care is their need for continuity with their primary attachment figures and a sense of permanence that is enhanced when the child's placement is stable.

(II) The American Academy of Pediatrics has found that attachment to a primary caregiver is essential to the development of emotional security and social conscience; and

(III) According to the American Academy of Pediatrics, optimal child development occurs when a spectrum of needs is consistently met over an extended period. Separation of a child from his or her primary caregiver occurring between six months and three years of age is more likely to result in subsequent emotional disturbances for the child than if the separation occurs when the child is older. Repeated moves from home to home compound the adverse consequences of separation. Further, the younger the child and the more extended the period of uncertainty or separation, the more detrimental the separation will be to the child's well-being. Any intervention that separates a child from the child's primary caregiver or person who provides psychological support to the child should be cautiously considered and treated as a matter of urgency and profound importance.

(b) The general assembly further finds that older children in foster care are at a high risk of having long-term mental health issues, dropping out of school, developing alcohol and drug dependence, experiencing promiscuity, and interacting with the criminal justice system. Multiple moves for older children lead to disruption in schooling and meaningful relationships and attachments, including relationships with peers and family of origin. As a result these children have few, if any, long-term connections when they leave foster care, resulting in little support for their growth into independent adults.

(c) The general assembly therefore declares that multiple moves for children in the dependency and neglect system should be discouraged in favor of permanent planning upon which these children can rely for their healthy mental, physical, and emotional development.

(5) Therefore, in order to carry out the requirements addressed in this section, to ensure stability in placements, to preserve families, and to decrease the need for out-of-home placement, the general assembly shall define "reasonable efforts" and identify the services and processes that must be in place to ensure that "reasonable efforts" have been made. The general assembly provides that "reasonable efforts" are deemed to be met when a county or city and county provides services in accordance with section 19-3-208 and when full consideration has been given to the provisions of section 24-34-805 (2).
C.R.S. § 19-1-309.3 — CO Code / Title 19 / Article 1 / Part 3 / Section 19-1-309.3
19-1-309.3. Exchange of information for child support purposes - process
Status: in_force

19-1-309.3. Exchange of information for child support purposes - process. The state court administrator of the judicial department and the executive director of the state department of human services, or their designees, shall design a process for exchanging information related to dependency or neglect actions, parentage actions, and any other actions brought pursuant to this title, as contemplated in sections 19-1-303 (4.4), 19-1-308, and 19-1-309, for purposes of locating responsible parties to pay child support, establishing paternity and child support, including child support debt pursuant to section 14-14-104, C.R.S., enforcing child support orders, disbursing collected child support payments, and facilitating the efficient and effective delivery of services under articles 13 and 13.5 of title 26, C.R.S. The process shall allow for the exchange of information by the state child support enforcement agency or the delegate child support enforcement units prior to or after intervention by the agency or units in an action brought pursuant to this title. Except for the limited purposes of the duties described in this section, the state child support enforcement agency or a delegate child support enforcement unit shall maintain the confidentiality of the information received pursuant to this part 3 and such information shall not be subject to discovery.
C.R.S. § 19-2.5-1403 — CO Code / Title 19 / Article 2.5 / Part 14 / Section 19-2.5-1403
19-2.5-1403. Division of youth services - community boards
Status: repealed

19-2.5-1403. Division of youth services - community boards. (Repealed)
C.R.S. § 19-5.5-305 — CO Code / Title 19 / Article 5.5 / Part 3 / Section 19-5.5-305
19-5.5-305. Guidance and instruction
Status: in_force

19-5.5-305. Guidance and instruction. (1) A child placement agency must provide or cause to be provided to the prospective adoptive parent guidance and instruction specific to the child to help prepare the parent to respond effectively to the needs of the child that are known to or reasonably ascertainable by the child placement agency.

(2) The guidance and instruction under subsection (1) of this section must address, if applicable:

(a) The potential effect on the child of:

(I) A previous adoption or out-of-home placement;

(II) Multiple previous adoptions or out-of-home placements;

(III) Trauma, insecure attachment, fetal alcohol exposure, or malnutrition;

(IV) Neglect, abuse, drug exposure, or similar adversity;

(V) Separation from a sibling or significant caregiver; and

(VI) A difference in ethnicity, race, or cultural identity between the child and the prospective adoptive parent or other child of the parent;

(b) Information available from the federal government on the process for the child to acquire United States citizenship; and

(c) Any other matter a child placement agency considers material to the adoption.

(3) The guidance and instruction under subsection (1) of this section must be provided:

(a) For adoption of a child residing in the United States a reasonable time before the adoption is finalized; or

(b) For an intercountry adoption, in accordance with the federal law.
C.R.S. § 19-5.5-307 — CO Code / Title 19 / Article 5.5 / Part 3 / Section 19-5.5-307
19-5.5-307. Child placement agency compliance
Status: in_force

19-5.5-307. Child placement agency compliance. (1) The state department shall investigate an allegation that a child placement agency has failed to comply with this part 3 and commence an action for injunctive or other relief or initiate an administrative proceeding against the child placement agency to enforce this part 3.

(2) The state department may initiate a proceeding to determine whether a child placement agency has failed to comply with this part 3. If the state department finds that the child placement agency has failed to comply, the state department may suspend or revoke a child placement agency's license or take other action permitted by law of this state.
C.R.S. § 19-2.5-503 — CO Code / Title 19 / Article 2.5 / Part 5 / Section 19-2.5-503
19-2.5-503. Aggravated juvenile offender
Status: in_force

19-2.5-503. Aggravated juvenile offender. (1) (a) In any action in delinquency alleging that a juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the petition must allege by separate count that the juvenile is an aggravated juvenile offender and that increased commitment is authorized.

(b) If the petition alleges that the juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the petition must identify by separate counts each alleged former adjudication or probation revocation and, for each such count, must include the date of adjudication or probation revocation, the court, and the specific act that formed the basis for the adjudication or probation revocation. If the alleged prior adjudication or probation revocation occurred outside of this state, the petition must so allege and state that the delinquent act that formed the basis for the adjudication or probation revocation would constitute a felony in this state.

(2) (a) In any action in delinquency in which it is alleged that a juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the court shall, at the juvenile's first appearance, advise the juvenile of the effect and consequences of the allegation that the juvenile is an aggravated juvenile offender.

(b) If a juvenile is alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the juvenile is required, at the juvenile's first appearance before the court, to admit or deny any previous adjudications or probation revocations alleged in the petition. A refusal to admit or deny any such adjudication or probation revocation is considered a denial.

(3) (a) In addition to the rights specified in section 19-2.5-605, a juvenile who is alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125 (4), may file a written request that adjudication of the act that is the subject of the petition must be to a jury of twelve persons, and the court shall so order it. A juvenile who requests a jury is deemed to have waived the time limit for an adjudicatory trial pursuant to section 19-2.5-610 (4).

(b) When a jury is requested pursuant to this subsection (3), the following challenges are allowed:

(I) If the petition alleges that one juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the state and the juvenile are each entitled to five peremptory challenges.

(II) If the petition alleges that more than one juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), and the adjudicatory trials on the acts that are the subject of the petition are not severed, the state and the defense are entitled to two additional challenges for every juvenile after the first, not to exceed fifteen peremptory challenges per side; when multiple juveniles are adjudicated in a single hearing, each peremptory challenge made on the part of the juveniles must be made and considered as the joint peremptory challenge of all of the juveniles.

(c) When more than one petition concerning different juveniles are consolidated for the adjudication of the delinquent acts that are the subjects of the petitions, peremptory challenges are allowed as if the juveniles had been joined in the same petition in delinquency.

(4) (a) If a juvenile alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125 (4), admits the previous adjudications or probation revocations alleged in the petition pursuant to subsection (2) of this section, further proof of such previous adjudications or probation revocations is not required. Upon a finding that the juvenile has committed the delinquent acts that are the subject of the petition alleging that the juvenile is an aggravated juvenile offender, as described in section 19-2.5-1125 (4), the court may enter any sentence authorized by this section.

(b) If a juvenile alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125 (4), denies one or more of the previous adjudications or probation revocations alleged in the petition pursuant to subsection (2) of this section, the court, after a finding of guilty of the acts that are the subject of this petition, shall conduct a separate hearing in which the court shall be the trier of fact to determine whether the juvenile has suffered such adjudications or probation revocations. Each count alleging a previous adjudication or probation revocation must be proven beyond a reasonable doubt.

(c) In any hearing before the court pursuant to subsection (4)(b) of this section, a duly authenticated copy of the record of an adjudication or probation revocation is prima facie evidence that the juvenile suffered the adjudication or probation revocation. In addition, any basic identification information that is part of the record of the former adjudication or probation revocation at the place the juvenile was incarcerated after disposition of the adjudication or probation revocation may be introduced into evidence in any hearing before the court pursuant to subsection (4)(b) of this section and is prima facie evidence of the identity of the juvenile.
C.R.S. § 19-7-312 — CO Code / Title 19 / Article 7 / Part 3 / Section 19-7-312
19-7-312. Periodic reviews
Status: in_force

19-7-312. Periodic reviews. (1) The court shall hold a periodic review hearing for each participating youth at least once every six months. A review hearing not coinciding with a permanency hearing may be held on the court's administrative docket by written report upon agreement of the parties. The review hearing and permanency hearing must be held together in the same hearing when possible.

(2) The primary purpose of the review hearing is to ensure that the transition program is providing the participating youth with the necessary services and supports to help the participating youth move toward permanency and a successful transition to adulthood.

(3) Prior to a periodic review held pursuant to this section, the county department shall file a report with the court that includes:

(a) A copy of the participating youth's roadmap to success;

(b) A statement of the participating youth's progress on the participating youth's goals and whether the participating youth is meeting the participating youth's obligations pursuant to the voluntary services agreement, including any required activities;

(c) A statement of the county department's reasonable efforts to support the participating youth in meeting the participating youth's goals; and

(d) A statement of any barriers to the participating youth in meeting the participating youth's goals and any plans to address such barriers.

(4) The court may order the county department to provide additional services and supports to help the participating youth achieve the goals outlined on the participating youth's roadmap to success or comply with state or federal law.

(5) If the court finds the participating youth is not substantially fulfilling the participating youth's obligations pursuant to the voluntary services agreement, the court may enter orders for the participating youth to follow in order to continue to be eligible for the transition program.

(6) The court shall conduct a periodic review hearing in a manner that seeks the participating youth's meaningful participation, including offering remote options for participation to accommodate the participating youth's work, school, or treatment commitments.

(7) During the periodic review hearing, the court shall find whether:

(a) The county department made reasonable efforts to implement the participating youth's case plan, including the participating youth's roadmap to success; and

(b) The participating youth continues to need foster care and whether such placement is the least restrictive to meet the participating youth's needs.
C.R.S. § 19-1-126 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-126
19-1-126. Compliance with the federal "Indian Child Welfare Act of 1978"
Status: in_force

19-1-126. Compliance with the federal "Indian Child Welfare Act of 1978". (1) In each case filed pursuant to this title 19 that constitutes a child custody proceeding, as defined in the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and therefore to which the terms of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., apply, the court and each party to the proceeding shall comply with the federal implementing regulations, and any modifications thereof, of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., located in 25 CFR 23, which outline the minimum federal standards governing the implementation of the "Indian Child Welfare Act of 1978" to ensure the statute is applied in Colorado consistent with the act's express language, congress's intent in enacting the statute, and to promote the stability and security of Indian children, tribes, and families. In each child-custody proceeding filed pursuant to this title 19 to which the terms of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., apply:

(a) (I) The court shall make inquiries to determine whether the child who is the subject of the proceeding is an Indian child, and, if so, shall determine the identity of the Indian child's tribe. In determining the Indian child's tribe:

(A) The court shall ask each participant in an emergency or voluntary or involuntary child-custody proceeding whether the participant knows or has reason to know that the child is an Indian child. The inquiry is to be made at the commencement of the proceeding, and all responses must be on the record. The court shall instruct the participants to inform the court if any participant subsequently receives information that provides reason to know the child is an Indian child.

(B) Any party to the proceeding shall disclose any information indicating that the child is an Indian child or provide an identification card indicating membership in a tribe to the petitioning and filing parties and the court in a timely manner. The court shall order the party to provide the information no later than seven business days after the date of the hearing or prior to the next hearing on the matter, whichever occurs first. The information should be filed with the court and provided to the county department of human or social services and each party no later than seven business days after the date of the hearing.

(II) The court, upon conducting the inquiry described in subsection (1)(a)(I) of this section, has reason to know that a child is an Indian child if:

(A) Any participant in the child-custody proceeding, officer of the court involved in the child-custody proceeding, Indian tribe, Indian organization, or agency informs the court that the child is an Indian child;

(B) Any participant in the child-custody proceeding, officer of the court involved in the child-custody proceeding, Indian tribe, Indian organization, or agency informs the court that it has discovered information indicating that the child is an Indian child;

(C) The child who is the subject of the child-custody proceeding gives the court reason to know he or she is an Indian child;

(D) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska native village;

(E) The court is informed that the child is or has been a ward of a tribal court, as defined in 25 U.S.C. sec. 1903; or

(F) The court is informed that the child or the child's parent possesses an identification card indicating membership in an Indian tribe.

(b) If the court knows or has reason to know, as defined in subsection (1)(a)(II) of this section, that the child who is the subject of the proceeding is an Indian child, the petitioning or filing party shall send notice by registered or certified mail, return receipt requested, to the parent or parents, the Indian custodian or Indian custodians of the child and to the tribal agent of the Indian child's tribe as designated in 25 CFR 23, or, if there is no designated tribal agent, the petitioning or filing party shall contact the tribe to be directed to the appropriate office or individual. In providing notice, the court and each party shall comply with 25 CFR 23.111.

(c) The petitioning or filing party shall disclose in the complaint, petition, or other commencing pleading filed with the court that the child who is the subject of the proceeding is an Indian child and the identity of the Indian child's tribe or what efforts the petitioning or filing party has made in determining whether the child is an Indian child. If the child who is the subject of the proceeding is determined to be an Indian child, the petitioning or filing party shall further identify what reasonable efforts have been made to send notice to the persons identified in subsection (1)(b) of this section. The postal receipts indicating that notice was properly sent by the petitioning or filing party to the parent or Indian custodian of the Indian child and to the Indian child's tribe must be attached to the complaint, petition, or other commencing pleading filed with the court; except that, if notification has not been perfected at the time the initial complaint, petition, or other commencing pleading is filed with the court or if the postal receipts have not been received back from the post office, the petitioning or filing party shall file the postal receipts with the court. Any responses sent by the tribal agents to the petitioning or filing party, the county department of human or social services, or the court must be distributed to the parties and deposited with the court.

(2) If there is reason to know the child is an Indian child but the court does not have sufficient evidence to determine that the child is or is not an Indian child, the court shall:

(a) Confirm, by way of a report, declaration, or testimony included in the record, that the petitioning or filing party used due diligence to identify and work with all of the tribes of which there is reason to know the child may be a member, or eligible for membership, to verify whether the child is in fact a member, or a biological parent is a member and the child is eligible for membership; and

(b) Treat the child as an Indian child, unless and until it is determined on the record that the child does not meet the definition of an Indian child.

(3) If the court receives information that the child may have Indian heritage but does not have sufficient information to determine that there is reason to know that the child is an Indian child pursuant to subsection (1)(a)(II) of this section, the court shall direct the petitioning or filing party to exercise due diligence in gathering additional information that would assist the court in determining whether there is reason to know that the child is an Indian child. The court shall direct the petitioning or filing party to make a record of the effort taken to determine whether or not there is reason to know that the child is an Indian child.

(4) The requirements of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., in effect as of February 9, 2003, and the related regulations located at 25 CFR 23, in effect as of February 9, 2023, are incorporated into and adopted as state law.
C.R.S. § 19-4-102.5 — CO Code / Title 19 / Article 4 / Section 19-4-102.5
19-4-102.5. Terms defined
Status: in_force

19-4-102.5. Terms defined. (1) Any reference in the statutes, administrative rules, court rules, government policies, common law, and any other provision or source of law in this state to an "acknowledgment of paternity" means an "acknowledgment of parentage", as described in this section.

(2) Unless the context otherwise requires, any reference in this title 19 to "father" includes a parent of any gender, any reference to "mother" includes a parent of any gender, and any reference to "paternity" is equally applicable to "parentage".

(3) Unless the context otherwise requires, as used in this title 19, "natural parent" means a nonadoptive parent established pursuant to this article 4, whether or not biologically related to the child.

(4) Any reference in the statutes, administrative rules, court rules, government policies, common law, and any other provision or source of law in this state to "spouse", "husband", or "wife", or to the plurals of such terms, are equally applicable to a civil union partner. Any reference to "marriage", "marital union", "marital status", "married", "unmarried", "wedlock", or any similar term is equally applicable to the status of being in a civil union or not in a civil union.
C.R.S. § 19-4-105.6 — CO Code / Title 19 / Article 4 / Section 19-4-105.6
19-4-105.6. Amendment of proceedings - adding children
Status: in_force

19-4-105.6. Amendment of proceedings - adding children. (1) In any existing case commenced under this article, if it is alleged that another child has been conceived of the parents named in the existing case, that child shall be added to the existing case if at least one of the presumptions of paternity specified in section 19-4-105 applies for the purpose of establishing paternity and child support. The caption shall be amended to include the added child.

(2) The party amending the petition pursuant to subsection (1) of this section shall serve the amended petition with the new caption upon the other parties 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) The party amending the petition pursuant to subsection (1) of this section shall provide to the court, in the manner prescribed by the court, the social security number of the added child.

(3) Proceedings under this article may be amended prior to the birth of the child to be added to the proceedings.

(4) If a petition is amended 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 the amendment of a proceeding under this article shall contain the advisements set forth in section 19-4-105.5 (5).

(6) Notwithstanding the provisions of subsection (1) of this section, in any case where there exists more than one alleged or presumed father for a child pursuant to section 19-4-105, a new case shall be commenced for that child to determine the child's paternity, establish child support, and address any other related issues. If it is determined that the child is the child of parents named in an existing case, the cases shall be consolidated into the initial action pursuant to rule 42 of the Colorado rules of civil procedure.
C.R.S. § 19-1-212 — CO Code / Title 19 / Article 1 / Part 2 / Section 19-1-212
19-1-212. Liability
Status: in_force

19-1-212. Liability. CASA program directors and volunteers participating in a CASA program shall have the same civil immunity and liability as described in sections 13-21-115.5 and 13-21-115.7, C.R.S.
C.R.S. § 19-5-303 — CO Code / Title 19 / Article 5 / Part 3 / Section 19-5-303
19-5-303. Commission created - duties
Status: in_force

19-5-303. Commission created - duties. (1) There is created in the department the adoption intermediary commission, referred to in this section as the "commission", which consists of thirteen members. The commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs the duties and functions specified by this part 3 under the department. Representation and appointment of such members shall be as follows:

(a) Three members shall represent the judicial department and shall be appointed by the chief justice or his or her designee;

(b) Two members shall represent the department and shall be appointed by the executive director of such department or his or her designee;

(c) Three members shall represent licensed adoption agencies and shall be appointed by a representative of a private adoption agency. Such representative shall be selected by the executive director of the department.

(d) Three members shall represent either adoptees, adoptive parents, biological parents of adoptees, or biological siblings of adoptees and shall be selected by the executive director of the department;

(e) Two members shall represent confidential intermediaries and shall have completed training as confidential intermediaries. Such members shall be appointed by the executive director of the department.

(2) The commission shall have responsibility for:

(a) Drafting a manual of standards for training confidential intermediaries and licensed child placement agencies that perform searches and contact persons pursuant to section 19-5-305 (3)(b)(III);

(b) Monitoring confidential intermediary training programs and child placement agencies with search and consent programs to ensure compliance with the standards set forth in the manual, with authority to approve or deny such programs based upon compliance with such standards;

(c) Maintaining an up-to-date list of persons who have completed training as confidential intermediaries or as persons who conduct searches for child placement agencies and communicating such list to the judicial department.

(3) The commission shall adopt its own rules of procedure, shall select a chairman, a vice-chairman, and such other officers as it deems necessary, and shall keep a record of its proceedings. The commission shall meet as often as necessary to carry out its duties, but in no instance shall it meet less than annually. The commission may seek input from confidential intermediary organizations in carrying out its duties.

(4) The commission shall be voluntary and shall not receive per diem payments.
C.R.S. § 19-2.5-304 — CO Code / Title 19 / Article 2.5 / Part 3 / Section 19-2.5-304
19-2.5-304. Limitations on detention
Status: in_force

19-2.5-304. Limitations on detention. (1) Detention is not permitted for the following:

(a) Juveniles who have not committed, or have not been accused of committing, a delinquent act unless otherwise found in contempt of court;

(b) Delinquent and nondelinquent juveniles who have been placed in the legal custody of a county department of human or social services pursuant to a petition in dependency or neglect and are solely awaiting out-of-home placement;

(c) Juveniles who at admission require medical care, are intoxicated, or are under the influence of drugs, to an extent that custody of the juvenile is beyond the scope of the detention facility's medical service capacity;

(d) Juveniles who are solely assessed as suicidal or exhibit behavior placing them at imminent risk of suicide; and

(e) Juveniles who have not committed a delinquent act but present an imminent danger to self or others or appear to be gravely disabled as a result of a mental health disorder or an intellectual and developmental disability.

(2) A juvenile court shall not order a juvenile who is ten years of age and older but less than thirteen years of age to detention unless the juvenile has been arrested for a felony or weapons charge pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5. A preadjudication service program created pursuant to section 19-2.5-606 shall evaluate a juvenile described in this subsection (2). The evaluation may result in the juvenile:

(a) Remaining in the custody of a parent or legal guardian;

(b) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section 19-1-103, or other suitable person under such conditions as the court may impose;

(c) Being placed in a temporary shelter facility; or

(d) Being referred to a local county department of human or social services for assessment for placement.

(3) A juvenile shall not be placed in detention solely:

(a) Due to lack of supervision alternatives, service options, or more appropriate facilities;

(b) Due to the community's inability to provide treatment or services;

(c) Due to a lack of supervision in the home or community;

(d) In order to allow a parent, guardian, or legal custodian to avoid legal responsibility;

(e) Due to a risk of the juvenile's self-harm;

(f) In order to attempt to punish, treat, or rehabilitate the juvenile;

(g) Due to a request by a victim, law enforcement, or the community;

(h) In order to permit more convenient administrative access to the juvenile;

(i) In order to facilitate further interrogation or investigation; or

(j) As a response to technical violations of probation unless the results of a detention screening instrument indicate that the juvenile poses a substantial risk of serious harm to others or if the applicable graduated responses system adopted pursuant to section 19-2.5-1108 allows for such a placement.
C.R.S. § 19-2.5-702 — CO Code / Title 19 / Article 2.5 / Part 7 / Section 19-2.5-702
19-2.5-702. Incompetent to proceed - effect - how and when raised
Status: in_force

19-2.5-702. Incompetent to proceed - effect - how and when raised. (1) This part 7 applies only to proceedings brought pursuant to this title 19.

(2) A juvenile must not be tried or sentenced if the juvenile is incompetent to proceed, as defined in section 19-2.5-701.5, at that stage of the proceedings. Juveniles, like adults, are presumed competent to proceed, as defined in section 19-2.5-701.5, until such time as they are found incompetent to proceed through a decision by the court. A determination of competency must include an evaluation of intellectual and developmental disabilities, mental health disorders, and mental capacity. Age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.

(3) When a party specified in this subsection (3) has reason to believe that a juvenile is incompetent to proceed in a delinquency action, the party shall raise the question of the juvenile's competency in the following manner:

(a) On its own motion, the court shall suspend the proceeding and determine the competency or incompetency of the juvenile pursuant to section 19-2.5-703;

(b) By motion of the prosecution, probation officer, guardian ad litem, or defense, made in advance of the commencement of the particular proceeding. The motion may be filed after the commencement of the proceeding if, for good cause shown, the juvenile's mental health was unknown or unapparent before the commencement of the proceeding.

(c) By the juvenile's parent or legal guardian.

(4) If the issue of competency is raised at the time charges are filed or at any time thereafter and the juvenile is not represented by counsel, the court may immediately appoint counsel and may also appoint a guardian ad litem to ensure the best interests of the juvenile are addressed in accordance with existing law.
C.R.S. § 19-4-110 — CO Code / Title 19 / Article 4 / Section 19-4-110
19-4-110. Parties
Status: in_force

19-4-110. Parties. The child may be made a party to the action. If the child is a minor, the court may appoint a guardian ad litem. The child's mother or father may not represent the child as guardian or otherwise. The court shall make the natural mother, each man presumed to be the father under section 19-4-105, and each man alleged to be the natural father parties or, if not subject to the jurisdiction of the court, provide notice of the action in a manner prescribed by the court and an opportunity to be heard. If a man who is alleged to be the natural father is deceased, the court shall make the personal representative of his estate, if one has been appointed, a party. If a personal representative has not been appointed, the court shall make the deceased man's spouse or an immediate blood relative a party. If a spouse or immediate blood relative is not known or does not exist, the court shall appoint a representative for the alleged natural father who is deceased. The court may align the parties. When the person to be served has no residence within Colorado and his or her place of residence is not known or when he or she cannot be found within the state after due diligence, service must be by publication pursuant to rule 4 (g) of the Colorado rules of civil procedure; except that service must be by a single publication and must be completed not less than five days prior to the time set for hearing on paternity adjudication.
C.R.S. § 19-3-508 — CO Code / Title 19 / Article 3 / Part 5 / Section 19-3-508
19-3-508. Neglected or dependent child or youth - disposition - concurrent planning - defi
Status: repealed

19-3-508. Neglected or dependent child or youth - disposition - concurrent planning - definition. (1) When a child or youth has been adjudicated to be neglected or dependent, the court may enter a decree of disposition the same day, but in any event it shall do so within forty-two days, unless the court finds that the best interests of the child or youth will be served by granting a delay. In a county designated pursuant to section 19-1-123, if the child or youth is less than six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the court shall enter a decree of disposition within twenty-eight days after the adjudication and shall not grant a delay unless good cause is shown and unless the court finds that the best interests of the child or youth will be served by granting the delay. It is the intent of the general assembly that the dispositional hearing be held on the same day as the adjudicatory hearing, whenever possible. If a delay is granted, the court shall set forth the reasons why a delay is necessary and the minimum amount of time needed to resolve the reasons for the delay and shall schedule the hearing at the earliest possible time following the delay. When the proposed disposition is termination of the parent-child legal relationship, the hearing on termination must not be held on the same date as the adjudication, and the time limits set forth above for dispositional hearings do not apply. When the proposed disposition is termination of the parent-child legal relationship, the court may continue the dispositional hearing to the earliest available date for a hearing in accordance with subsection (3)(a) of this section and part 6 of this article 3. When the decree does not terminate the parent-child legal relationship, the court shall approve an appropriate treatment plan that must include, but not be limited to, one or more of the following provisions of subsections (1)(a) to (1)(d) of this section:

(a) The court may place the child in the legal custody of one or both parents or the guardian, with or without protective supervision, under such conditions as the court deems necessary and appropriate. In a county designated pursuant to section 19-1-123, if the child is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2) and is placed with a parent or guardian who is a named respondent in a petition filed pursuant to section 19-3-502, the treatment plan shall include a requirement that the family obtain services specific to the family's needs if available in the community where the family resides and based on the social study and reports provided pursuant to section 19-1-107 (2.5).

(b) The court may place the child or youth in the legal custody of a relative or kin, including the child's or youth's grandparent, or other suitable person, with or without protective supervision, under such conditions as the court deems necessary and appropriate. If a child or youth is not placed with a parent pursuant to subsection (1)(a) of this section, the court shall give preference to placement with a grandparent or other relative or kin. If the county department locates a capable, willing, and available relative or kin for the child or youth, it is presumed that placement of the child or youth with a relative or kin is in the best interests of the child or youth. The presumption may be rebutted by a preponderance of the evidence, giving primary consideration to the child's or youth's mental, physical, and emotional needs, including the child's or youth's preference regarding placement. The court shall consider whether a proposed placement would hinder efforts to reunite the parent and the child or youth and the parent's preference regarding placement. A parent's objection to placement with a particular relative or kin is not alone sufficient to show that the proposed placement would hinder reunification.

(c) The court may place legal custody in the county department of human or social services or a child placement agency for placement in a foster care home or other child care facility. When the child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it is presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.

(d) (I) The court may order that the child be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that the child receive other special care and may place the child in a hospital or other suitable facility for such purposes; except that the child may not be placed in a mental health facility operated by the department of human services until the child has received a behavioral or mental health disorder prescreening resulting in a recommendation that the child be placed in a facility for 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 a behavioral or mental health disorder is present in the child. The court shall make, prior to the hearing, such orders regarding temporary custody of the child as are deemed appropriate.

(II) Placement in any facility operated by the department of human services shall continue for such time as ordered by the court or until the professional person in charge of the child's treatment concludes that the treatment or placement is no longer appropriate. If placement or treatment is no longer deemed appropriate, the court shall be notified and a hearing held for further disposition of the child within five days, excluding Saturdays, Sundays, and legal holidays. The court shall make, prior to the hearing, such orders regarding temporary custody of the child as are deemed appropriate.

(e) (I) Except where the proposed disposition is termination of the parent-child legal relationship, the caseworker assigned to the case shall submit an appropriate treatment plan and the court shall approve an appropriate treatment plan involving the child named and each respondent named and served in the action. If a child's parent is incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail, the caseworker assigned to the case, upon knowledge of the incarceration, shall include information in the report that details the services and treatment available to a parent at the facility or jail where the parent is incarcerated or the caseworker's efforts to obtain that information. The county department shall communicate with the facility or jail where the parent is incarcerated regarding the requirements of the court-ordered treatment plan. However, the court may find that an appropriate treatment plan cannot be devised as to a particular respondent because the child has been abandoned as set forth in section 19-3-604 (1)(a) and the parents cannot be located, or because the child has been adjudicated as neglected or dependent based upon section 19-3-102 (2), or due to the unfitness of the parents as set forth in section 19-3-604 (1)(b). When the court finds that an appropriate treatment plan cannot be devised, the court shall conduct a permanency hearing as set forth in section 19-3-702 (1), unless a motion for termination of parental rights has been filed within thirty days after the court's finding.

(II) Repealed.

(III) If, after the dispositional hearing, the child's parent becomes continuously incarcerated in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a jail for more than thirty-five days, then the caseworker assigned to the case, upon knowledge of incarceration, shall provide information that details the services and treatment available to a parent at the facility or jail where the parent is incarcerated or the caseworker's efforts to obtain the information at the next scheduled court hearing.

(2) Before a disposition other than that provided in paragraph (a) of subsection (1) of this section is made, it shall be established by a preponderance of the evidence that a separation of the child from the parents or guardian is in the best interests of the child.

(3) (a) The court may enter a decree terminating the parent-child legal relationship of one or both parents pursuant to part 6 of this article. Pursuant to section 19-3-602 (1), in a county designated pursuant to section 19-1-123, if the child is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the court shall hear a motion for termination within one hundred twenty days after such motion is filed, and shall not grant a delay unless good cause is shown and unless the court finds that the best interests of the child will be served by granting a delay in accordance with the requirements of section 19-3-104.

(b) Upon the entry of a decree terminating the parent-child legal relationship of both parents, of the sole surviving parent, or of the only known parent, the court may:

(I) Vest the county department of human or social services or a child placement agency with the legal custody and guardianship of the person of a child for the purposes of placing the child for adoption; or

(II) Make any other disposition provided in paragraph (b), (c), or (d) of subsection (1) of this section that the court finds appropriate.

(b.5) In making a disposition pursuant to paragraph (b) of this subsection (3), the court may give preference to making a disposition as provided in paragraph (b) of subsection (1) of this section, if in the best interests of the child.

(c) Upon the entry of a decree terminating the parent-child legal relationship of one parent, the court may:

(I) Leave the child in the legal custody of the other parent and discharge the proceedings; or

(II) Make any other disposition provided in subsection (1) of this section that the court finds appropriate.

(4) (Deleted by amendment, L. 97, p. 520, § 8, effective July 1, 1997.)

(5) (a) In placing the legal custody or guardianship of the person of a child or youth with an individual or a private agency, the court shall give primary consideration to the welfare of the child or youth but shall take into consideration the religious and cultural preferences of the child or youth or of the parents, whenever practicable.

(b) (I) If the court finds that placement out of the home is necessary and is in the best interests of the child or youth and the community, the court shall place the child or youth with a relative or kin, including the child's or youth's grandparent, as provided in subsection (1)(b) of this section. In considering the placement, the court shall give primary consideration to the child's or youth's mental, physical, and emotional needs, including the child's or youth's preference regarding placement. The court shall consider whether a proposed placement would hinder efforts to reunite the parent and the child or youth and the parent's preference regarding placement. A parent's objection to placement with a particular relative or kin is not alone sufficient to show that the proposed placement would hinder reunification. The court shall place the child or youth in the facility or setting that most appropriately meets the needs of the child or youth, 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. 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. The court shall send a copy of such findings to the chief justice of the supreme court, who shall report annually on such orders and findings of fact to the joint budget committee, the public and behavioral health and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees.

(II) Notwithstanding subsection (5)(b)(I) of this section to the contrary, when the child or youth is part of a sibling group and the sibling group is being placed out of the home, if the county department locates a capable, willing, and available joint placement for all of the children or youth in the sibling group, it is presumed that placement of the entire sibling group in the joint placement is in the best interests of the children or youth. The presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child, children, or youth.

(III) If the county department locates a capable, willing, and available relative or kin for the child or youth, it is presumed that placement of the child or youth with the relative or kin is in the best interests of the child or youth. The presumption may be rebutted by a preponderance of the evidence, giving primary consideration to the child's or youth's mental, physical, and emotional needs, including the child's or youth's preference regarding placement. The court shall consider whether a proposed placement would hinder efforts to reunite the parent and the child or youth and the parent's preference regarding placement. A parent's objection to placement with a particular relative or kin is not alone sufficient to show that the proposed placement would hinder reunification. Placement with a relative or kin must be considered and investigated when the child or youth enters foster care, is moved from a foster home, or returns to foster care after the child or youth has achieved permanency. As used in this subsection (5), "relative" includes a member of the child's or youth's birth family, adoptive family, and kin, regardless of whether parental rights were terminated.

(6) The court may grant a new hearing as provided in the Colorado rules of juvenile procedure.

(7) Efforts to place a child for adoption or with a legal guardian or custodian, including identifying appropriate in-state and out-of-state permanent placement options, may be made concurrently with reasonable efforts to preserve and reunify the family.

(8) When entering a decree placing the child or youth in the legal custody of a relative or placing the child or youth in the legal custody of a county department for placement in a foster care home, the court shall ensure that the child's or youth's placement at the time of the hearing is in the best interests of the child or youth and shall inquire about documentation that the county department or a licensed child placement agency has adequately screened the foster care provider or the family member who is seeking to care for the child or youth and any adult residing in that home and that all of the criminal history record checks and other background checks have been completed as required pursuant to section 26-6-910 or 19-3-406.
C.R.S. § 19-2.5-907 — CO Code / Title 19 / Article 2.5 / Part 9 / Section 19-2.5-907
19-2.5-907. Procedures at trial
Status: in_force

19-2.5-907. Procedures at trial. (1) At the adjudicatory trial, that must be conducted pursuant to section 19-1-106, the court shall consider whether the allegations of the petition are supported by evidence beyond a reasonable doubt. Jurisdictional matters of the age and residence of the juvenile are deemed admitted by or on behalf of the juvenile unless specifically denied within a reasonable time prior to the trial.

(2) If the juvenile is found not guilty after an adjudicatory trial, the court shall order the petition dismissed and the juvenile discharged from any detention or restriction previously ordered. The juvenile's parents, guardian, or other legal custodian are also discharged from any restriction or other previous temporary order.

(3) If the juvenile is found guilty after an adjudicatory trial, the court may proceed to sentencing or direct that the matter be set for a separate sentencing hearing within forty-nine days following completion of the adjudicatory trial.
C.R.S. § 19-3-316 — CO Code / Title 19 / Article 3 / Part 3 / Section 19-3-316
19-3-316. Protection orders and emergency protection orders
Status: repealed

19-3-316. Protection orders and emergency protection orders. (Repealed)
C.R.S. § 19-3-701 — CO Code / Title 19 / Article 3 / Part 7 / Section 19-3-701
19-3-701. Petition for review of need for placement
Status: repealed

19-3-701. Petition for review of need for placement. (Repealed)
C.R.S. § 19-4-114 — CO Code / Title 19 / Article 4 / Section 19-4-114
19-4-114. Pretrial recommendations - temporary orders
Status: in_force

19-4-114. Pretrial recommendations - temporary orders. (1) On the basis of the information produced at the pretrial hearing, the judge or magistrate conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following:

(a) That the action be dismissed with or without prejudice;

(b) That the matter be compromised by an agreement among the alleged father, the mother, and the child in which the father and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge or magistrate conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge or magistrate conducting the hearing shall consider the best interest of the child, in the light of the factors enumerated in section 19-4-116 (6), discounted by the improbability, as it appears to him, of establishing the alleged father's paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father's identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on him.

(c) That the alleged father voluntarily acknowledge his paternity of the child;

(d) That the action be consolidated with a relinquishment action filed pursuant to part 1 of article 5 of this title.

(2) If the parties accept a recommendation made in accordance with subsection (1) of this section, judgment shall be entered accordingly.

(3) If a party refuses to accept a recommendation made under subsection (1) of this section and genetic tests have not been taken, the court shall require the parties to submit to genetic tests, if practicable. Thereafter, the judge or magistrate shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial. If the evidence relating to paternity meets the requirements set forth in section 13-25-126 (1)(g), C.R.S., the court shall issue temporary orders establishing current child support, foster care maintenance, and medical support to remain in effect pending a final disposition of the proceeding.

(4) The guardian ad litem may accept or refuse to accept a recommendation under this section.

(5) The informal hearing may be terminated and the action set for trial if the judge or magistrate conducting the hearing finds unlikely that all parties would accept a recommendation he might make under subsection (1) or (3) of this section.
C.R.S. § 19-3-406 — CO Code / Title 19 / Article 3 / Part 4 / Section 19-3-406
19-3-406. Relatives or kin as providers of emergency, nonemergency, or continued placement
Status: in_force

19-3-406. Relatives or kin as providers of emergency, nonemergency, or continued placement for children or youth - initial criminal history record check - fingerprint-based criminal history record check - criteria for disqualification - use of criminal justice records - rules - definitions. (1) (a) (I) Any time a child or youth is taken into temporary custody by a law enforcement officer and any time the court places temporary custody of a child or youth with a county department, or the county department has the legal authority for placement pursuant to this part 4, and a relative or kin, as defined in section 19-1-103, is identified as a potential emergency placement for the child or youth, the county department or a local law enforcement agency shall immediately conduct an initial criminal history record check of the relative or kin and any adult who resides at the home prior to the county department or the law enforcement officer placing the child or youth in the emergency placement.

(II) A county department may perform initial criminal history record checks through its staff or may collaborate with local law enforcement agencies to perform the initial criminal history record checks. When a county department has temporary custody of a child or youth pursuant to this part 4 and contacts the local law enforcement agency for an initial criminal history record check of the relative or kin and any adult who resides at the home pursuant to this section, the local law enforcement agency shall immediately provide the county department with a verbal response regarding the relative's or kin's and any adult who resides at the home's criminal history and shall not provide the county department with documentation of the relative's or kin's and any adult who resides at the home's criminal history, consistent with Public Law 92-544, and its regulations promulgated, as amended.

(b) The child or youth may not be placed with the relative or kin if the initial criminal history record check conducted pursuant to subsection (1)(a) of this section reflects a criminal history, as described in subsection (5) of this section.

(c) The child or youth may be placed with the relative or kin if the initial criminal history record check does not reflect a criminal history, as described in subsection (5) of this section. After placement, the relative or kin and any adult who resides at the home who are not disqualified based upon the results of the initial criminal history record check conducted pursuant to subsection (1)(a) of this section shall complete a fingerprint-based criminal history record check as described in subsection (2) of this section.

(2) (a) A relative or kin and any adult who resides at the home who are not disqualified as an emergency placement for a child or youth pursuant to subsection (1)(c) of this section and who are authorized for placement of a child or youth on an emergency basis pursuant to this part 4 shall submit a complete set of fingerprints to the county department or through another designated third party approved by the Colorado bureau of investigation no later than seven calendar days after the child or youth is placed in the relative's or kin's home or no later than fourteen calendar days when exigent circumstances exist. The county department or Colorado bureau of investigation-approved designated third party shall forward the complete set of fingerprints to the Colorado bureau of investigation to perform the fingerprint-based criminal history record check pursuant to subsection (4) of this section.

(b) If the relative or kin or any adult who resides at the home fails to submit a complete set of fingerprints, the county department shall notify the parties to the case. Within seventy-two hours of notification, any party wanting the child or youth to remain in that placement shall file a motion with the court regarding placement of the child or youth. The county department or a law enforcement officer, as appropriate, shall remove the child or youth from the physical custody of the relative or kin if no party, with proper notification, has filed a motion to maintain the child or youth in the placement within seventy-two hours. The county department shall confirm within fourteen calendar days after the child or youth has been placed with the relative or kin that the relative or kin and any adult who resides at the home submitted a complete set of fingerprints within the time period specified by this subsection (2).

(3) A county department shall initiate or request that a local law enforcement agency initiate a fingerprint-based criminal history record check of the relatives or kin and any adult who resides at the home prior to placing a child or youth with a relative or kin on a non-emergency basis, when the child or youth is placed on a non-court-involved basis, when the county department has temporary legal custody, or when the county has the legal authority for placement of a child or youth.

(4) (a) A fingerprint-based criminal history record check, as described in subsection (2) of this section, must be completed by local law enforcement, the county department, or another designated third party approved by the Colorado bureau of investigation. The county department shall conduct all of the other required background checks described in this section. If an approved third party takes the fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the information for more than thirty days, unless requested to do so by the relative or kin and any adult who resides at the home.

(b) When a relative or kin and any adult who resides at the home submit a complete set of fingerprints to the county department, the county department shall immediately forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The Colorado bureau of investigation shall immediately forward the results of the state and national fingerprint-based criminal history record checks conducted pursuant to this section to the county department or local law enforcement agency authorized to receive the information. If the fingerprint-based criminal history record check indicates that the relative or kin and any adult who resides at the home have a criminal history described in subsection (5) of this section, the county department or the local law enforcement officer, whichever is appropriate, shall remove the child or youth from the placement, unless there is a motion regarding placement pending before the court, or if no party, with proper notification, has filed a motion to maintain the child or youth in the placement within seventy-two hours, and shall not place a child or youth in the home where a person with the criminal conviction resides without a court order affirming placement of the child or youth in the home or pursuant to state board rules. The court may order the reports of fingerprint-based criminal history record checks from the Colorado bureau of investigation or from the federal bureau of investigation that were relied upon by the county to evaluate the placement to be released by the county department after providing an opportunity for the individual whose results would be released to object or request appropriate protections or redactions.

(5) A county department or a local law enforcement agency shall not place or continue the placement of a child or youth in a home where a person has a criminal history of one or more of the following convictions, as "conviction" is defined in subsection (12) of this section:

(a) Felony child abuse, as described in section 18-6-401;

(b) Murder in the first degree, as described in section 18-3-102; murder in the second degree, as described in section 18-3-103; manslaughter, as described in section 18-3-104; criminally negligent homicide, as described in section 18-3-105; and vehicular homicide, as described in section 18-3-106;

(c) Kidnapping in the first or second degree, as described in sections 18-3-301 and 18-3-302; or felony false imprisonment, as described in section 18-3-303;

(d) A felony crime of violence enhancer, as defined in section 18-1.3-406 (2)(a)(I), excluding the conviction of escape;

(e) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), including sexual exploitation of a child, human trafficking for sexual servitude, and human trafficking of a minor for sexual servitude;

(f) A felony, the underlying factual basis of which has been found by the court to include an act of domestic violence, as defined in section 18-6-800.3, within the preceding five years;

(g) A felony involving physical assault, as described in section 18-3-202 or 18-3-203, within the preceding five years;

(h) A felony drug-related offense within the preceding three years. If the relative or kin has a felony drug-related conviction less than five years prior, any kinship or guardianship assistance payments on behalf of the child or youth must not be made with federal money provided pursuant to Title IV-E of the federal "Social Security Act", as amended.

(i) A pattern of misdemeanor convictions related to domestic violence, as defined by rule of the state board, within the preceding five years; or

(j) An offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (5)(a) to (5)(i) of this section.

(6) If a relative or kin was not disqualified as a placement based upon the initial criminal history record check or the fingerprint-based criminal history record checks of any adult who resides at the home, the county department shall perform the following additional background checks of the relative or kin and any adult who resides at the home prior to placement:

(a) A check of the Colorado courts data access system to determine the status or disposition of any criminal charges;

(b) A check of the state department's child welfare information system and the equivalent registries and databases in other states if the individual has resided in another state in the prior five years, as prescribed by rule, for information to inform decisions about placement to determine if the relative or kin and any adult who resides at the home have been identified as having a finding of child abuse or neglect; and

(c) A check against the state's sex offender registry and against the national sex offender public registry operated by the United States department of justice that checks names and addresses against the known names and addresses in the registries and the interactive database system for Colorado and the equivalent registries and databases in other states if the individual has resided in another state in the prior five years, as prescribed in rule, to determine if a relative or kin or any adult who resides in the home is a registered sex offender.

(7) A county department shall not leave a child or youth in placement or place a child or youth with a relative or kin if the relative or kin or any adult who resides in the home:

(a) Has been convicted of any of the crimes listed in subsection (5) of this section; or

(b) Has been identified as having a child abuse or neglect-founded finding through a check of the child welfare information system within the preceding five years and that finding has been determined to present an unsafe placement for the child or youth, unless there is an appeal pending for the founded finding; or

(c) Is a registered sex offender in the sex offender registry created pursuant to section 16-22-110, or is a registered sex offender as determined by a check of the national sex offender registry operated by the United States department of justice.

(8) A county department may make a placement with or allow continued placement with a relative or kin who would otherwise be disqualified pursuant to subsection (7) of this section if such placement occurs according to the rules promulgated by the state board or if there is a court order affirming placement of the child or youth with the relative or kin. When another child or youth subsequently needs placement in the same home, the county department may place that child or youth with a relative or kin who would otherwise be disqualified pursuant to subsection (7) of this section based on the previous determination with regard to the background check. The relative or kin shall still comply with the requirements of subsection (2) of this section, and the county department or the court shall affirm placement of the subsequent child or youth.

(9) The state board shall promulgate rules related to background checks of relatives or kin and placement of children or youth with relatives or kin, consistent with the provisions contained in part 3 of article 72 of title 24.

(10) Notwithstanding any other provision of this section, if the county department verifies and documents that all of the criminal history record checks and other background checks described in this section have been completed in the preceding three months for a relative or kin and any adult who resides in the home, the county department does not need to repeat the fingerprint-based criminal history record check of that relative or kin and any adult who resides in the home; except that the county department shall repeat the other background checks described in this section and contact local law enforcement to determine if there were any new charges for offenses filed against that relative or kin and any adult who resides in the home during the preceding three months since the last fingerprint-based criminal history record check.

(11) (a) The Colorado bureau of investigation shall flag the fingerprints of and notify the applicable county department of any new arrests of an individual whose fingerprints the county department submits to a local law enforcement agency that the county department also intends to be subsequently used for foster care certification.

(b) The county department shall notify the Colorado bureau of investigation within five calendar days after submitting the request for a fingerprint-based criminal history record check when the county department intends to accept an application for foster care certification from that person so that the flagging and automatic notification to the county department of new arrests pursuant to subsection (11)(a) of this section occurs for that person and continues through the duration of the individual's foster care certification. The county department shall use the same fingerprints received pursuant to this subsection (11) and any updated fingerprint-based criminal history record check results from the automatic notification as a substitute for meeting the fingerprint requirements for a person who is applying for foster care certification pursuant to section 26-6-910.

(12) For purposes of this section, unless the context otherwise requires:

(a) "Conviction" means a conviction by a jury or court and includes a deferred judgment and sentence agreement, or a plea of guilty or nolo contendere determined through the records of the Colorado bureau of investigation or the federal bureau of investigation and the Colorado courts data access system in the state judicial department. "Conviction" does not include a diversion or deferral or plea for a person who participated in and successfully completed the child abuse and child neglect diversion program established pursuant to section 19-3-310. A conviction does not include juvenile deferred judgment or adjudication agreements, adjudications, diversion, deferral, or plea agreements. The convictions identified in this subsection (12)(a) and subsection (5) of this section must be determined according to the records of the Colorado bureau of investigation or the federal bureau of investigation and the Colorado courts data access system in the state judicial department. A screening request in Colorado must be made pursuant to section 19-1-307 (2)(k), rules promulgated by the state board pursuant to section 19-3-313.5, and 42 U.S.C. sec. 671 (a)(2). A certified copy of the judgment of a court of competent jurisdiction of the conviction or a deferred adjudication agreement is prima facie evidence of a conviction or agreement.

(b) "Initial criminal history record check" means a Colorado crime information center or national crime information center check.
C.R.S. § 19-5-202 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-202
19-5-202. Who may adopt
Status: in_force

19-5-202. Who may adopt. (1) Any person twenty-one years of age or older, including a foster parent, may petition the court to decree an adoption.

(2) A minor, upon approval of the court, may petition the court to decree an adoption.

(3) A person having a living spouse from whom he is not legally separated shall petition jointly with such spouse, unless such spouse is the natural parent of the child to be adopted or has previously adopted the child.

(4) A person having a living partner in a civil union from whom the person is not legally separated shall petition jointly with the partner, unless the partner is the natural parent of the child to be adopted or has previously adopted the child.

(5) A person who is a partner in a civil union may adopt a child of the other partner through the same process outlined in section 19-5-203 for a stepparent adoption and shall be considered a stepparent for the purpose of determining whether a child is available for adoption pursuant to section 19-5-203 (1).
C.R.S. § 19-1-117.5 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-117.5
19-1-117.5. Disputes concerning grandparent or great-grandparent visitation
Status: repealed

19-1-117.5. Disputes concerning grandparent or great-grandparent visitation. (Repealed)
C.R.S. § 19-2.5-1121 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1121
19-2.5-1121. Fees for transporting juveniles
Status: in_force

19-2.5-1121. Fees for transporting juveniles. It is the duty of the sheriff, undersheriff, or deputy, or in their absence any suitable person appointed by the court for such purpose, to convey any juvenile committed pursuant to section 19-2.5-1103 or 19-2.5-1127 to facilities of the division of youth services. All officers performing services pursuant to this part 11 must be paid the same fees as are allowed for similar services in criminal cases, to be paid by the county from which the juvenile was committed.
C.R.S. § 19-2.5-612 — CO Code / Title 19 / Article 2.5 / Part 6 / Section 19-2.5-612
19-2.5-612. Mental health services for juvenile - how and when issue raised - procedure - de
Status: in_force

19-2.5-612. Mental health services for juvenile - how and when issue raised - procedure - definitions. (1) At any stage of a delinquency proceeding, if the court, prosecution, probation officer, guardian ad litem, parent, or legal guardian has reason to believe that the juvenile could benefit from mental health services, the party shall immediately advise the court of that belief.

(2) After the party advises the court of the party's belief that the juvenile could benefit from mental health services, the court shall immediately order a mental health screening of the juvenile pursuant to section 16-11.9-102 using the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b), as it existed prior to its repeal in 2022, unless the court already has sufficient information to determine whether the juvenile could benefit from mental health services or unless a mental health screening of the juvenile has been completed within the last three months. Before sentencing a juvenile, the court shall order a mental health screening using the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b), as it existed prior to its repeal in 2022, or make a finding that the screening would not provide information that would be helpful in sentencing the juvenile. The court shall not stay or suspend delinquency proceedings pending the results of the mental health screening ordered pursuant this section. However, the court may continue the dispositional and sentencing hearing to await the results of the mental health screening.

(3) If the mental health screening indicates that the juvenile could benefit from mental health services, the court may order a mental health assessment.

(4) At the time the court orders a mental health assessment, the court shall specify the date upon which the assessment must be completed and returned to the court. The court may assign responsibility for the cost of the assessment to any party having legal custody or legal guardianship of the juvenile.

(5) The assessment, at a minimum, must include an opinion regarding whether the juvenile could benefit from mental health services. If the assessment concludes that the juvenile could benefit from mental health services, the assessment must identify the juvenile's mental health issues and the appropriate services and treatment.

(6) Evidence or treatment obtained as a result of a mental health screening or assessment ordered pursuant to this section, including any information obtained from the juvenile in the course of a mental health screening or assessment, must be used only for purposes of sentencing; to determine what mental health treatment, if any, to provide to the juvenile; and to determine whether the juvenile justice or another service system is most appropriate to provide this treatment, and must not be used for any other purpose. The mental health screening or assessment or any information obtained in the course of the mental health screening or assessment is not subject to subpoena or any other court process for use in any other court proceeding and is not admissible on the issues raised by a plea of not guilty unless the juvenile places the juvenile's mental health at issue. If the juvenile places the juvenile's mental health at issue, then either party may introduce evidence obtained as a result of a mental health screening or assessment. The court shall keep any mental health screening or assessment in the court file under seal.

(7) For purposes of this section:

(a) "Assessment" means an objective process used to collect pertinent information in order to identify a juvenile who may have mental health needs and identify the least restrictive and most appropriate services and treatment.

(b) "Juvenile could benefit from mental health services" means a juvenile exhibits one or more of the following characteristics:

(I) A chronic or significant lack of impulse control or of judgment;

(II) Significant abnormal behaviors under normal circumstances;

(III) Severe or frequent changes in sleeping or eating patterns or in levels of activity;

(IV) A pervasive mood of unhappiness or of depression; or

(V) A history that includes mental health treatment, a suicide attempt, or the use of psychotropic medication.

(c) "Screening" means a short validated mental health screening adopted by the committee on juvenile justice reform pursuant to section 24-33.5-2402 (1)(b), as it existed prior to its repeal in 2022, to identify juveniles who may have mental health needs.
C.R.S. § 19-3-605 — CO Code / Title 19 / Article 3 / Part 6 / Section 19-3-605
19-3-605. Request for placement with family members
Status: in_force

19-3-605. Request for placement with family members. (1) Following an order of termination of the parent-child legal relationship, the court shall consider, but shall not be bound by, a request that guardianship and legal custody of the child be placed with a relative of the child. When ordering guardianship of the person and legal custody of the child, the court may give preference to a grandparent, aunt, uncle, brother, sister, half-sibling, or first cousin of the child when such relative has made a timely request therefor pursuant to the requirement of this subsection (1) and the court determines that such placement is in the best interests of the child. Such request must be submitted to the court no later than twenty days after the motion for termination is filed pursuant to section 19-3-602. Nothing in this section shall be construed to require the child placement agency with physical custody of the child to notify said relatives described in this section of the pending termination of parental rights.

(2) Notwithstanding the provisions of subsection (1) of this section to the contrary, when the child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, the court shall presume that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.

(3) In making placement determinations concerning a child or youth following the order of termination of the parent-child legal relationship pursuant to the provisions of this section, the court shall consider all pertinent information related to modifying the placement of the child or youth prior to removing the child or youth from the child's or youth's placement, including:

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

(b) Whether the child's or youth's placement at the time of the hearing is a safe and potentially permanent placement for the child or youth, including documentation that a county department or a licensed child placement agency has adequately screened the family member who is seeking to care for the child or youth and any adult residing in the home and that all of the criminal history record checks and other background checks have been completed as required pursuant to section 26-6-910 or 19-3-406;

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

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

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

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

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

(h) The child's attachment to the child's caregiver at the time of the hearing and the possible effects on the child's emotional well-being if the child is removed from the caregiver's home.
C.R.S. § 19-5-212 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-212
19-5-212. Copies of order of adoption - to whom given
Status: in_force

19-5-212. Copies of order of adoption - to whom given. (1) If the court enters an order of adoption, certified copies shall be given to the adopting parents, the person or agency consenting to the adoption, and the state registrar.

(2) The court or the adopting parents or their legal representative shall send to the state registrar an application for a birth certificate, signed by the adoptive parents. The state registrar shall thereupon issue a new birth certificate to the child, as provided in section 25-2-113, C.R.S.

(3) If the child was born outside of Colorado, copies of the order of adoption and application for birth certificate shall be sent to the state registrar of the state of birth and to the registrar of vital statistics in this state. If the application for a birth certificate is denied by the state registrar in the state of birth, the adopting parents may return to the registrar in this state and apply to him to issue a new certificate of birth. The state registrar shall issue a birth certificate upon satisfactory evidence that the adopting parents, after good-faith effort, were unable to obtain a new certificate of birth from the state of birth.
C.R.S. § 19-3-208 — CO Code / Title 19 / Article 3 / Part 2 / Section 19-3-208
19-3-208. Services - county required to provide - out-of-home placement options - rules -
Status: in_force

19-3-208. Services - county required to provide - out-of-home placement options - rules - definitions. (1) Each county or city and county shall provide a set of services, as defined in subsection (2) of this section, to children who are in out-of-home placement or meet the social services out-of-home placement criteria and to their families in the state of Colorado eligible for such services as determined necessary by an assessment and a case plan. A county or city and county may enter into an agreement with any other county, city and county, or group of counties to share in the provision of these services. Each county, city and county, or group of counties may enter into contracts with private entities for the provision of these services. Each county or city and county shall have a process in place whereby services can readily be accessed by children and families determined to be in need of such services described in subsection (2) of this section. For the purposes of this subsection (1), the requirements of providing services or a process shall be made available based upon the state's capacity to increase federal funding or any other moneys appropriated for these services.

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

(a) "School of origin" has the same meaning as provided in section 22-32-138.

(b) "Student in out-of-home placement" has the same meaning as provided in section 22-32-138.

(2) (a) "Services" shall be designed to accomplish the following goals:

(I) Promote the immediate health, safety, and well-being of children eligible for these services based upon the case assessment and individual case plan;

(II) Reduce the risk of future maltreatment of children who have previously been abused or neglected and protect the siblings of such children and other children who are members of the same household who may be subjected to maltreatment;

(III) Avoid the unnecessary placement of children into foster care resulting from child abuse and neglect, voluntary decisions by families, or the commission of status offenses;

(IV) Facilitate, if appropriate, the speedy reunification of parents with any of their children who have been placed in out-of-home placement;

(V) Ensure that the placement of a child is neither delayed nor denied due to consideration of the race, color, or national origin of the child or any other person unless such consideration is permitted pursuant to federal law; and

(VI) Promote the best interests of the child.

(b) The following services must be available and provided, as determined necessary and appropriate by individual case plans:

(I) Screening; assessments, including those required by the federal "Family First Prevention Services Act" of 2018, Titles IV-B and IV-E of the federal "Social Security Act", as amended; and individual case plans;

(II) Home-based family and crisis counseling;

(III) Information and referral services to available public and private assistance resources;

(IV) Family time services for parents with children or youth in out-of-home placement;

(V) Placement services including foster care and emergency shelter; and

(VI) Services including but not limited to transportation and case planning, as necessary for a student in out-of-home placement to remain in his or her school of origin, unless the county department determines that remaining in the school of origin is not in the student's best interest.

(c) (Deleted by amendment, L. 94, p. 1054, § 4, effective May 4, 1994.)

(d) The following services must be made available and provided based upon the state's capacity to increase federal funding or any other money appropriated for these services and as determined necessary and appropriate by individual case plans:

(I) Transportation to these services when other appropriate transportation is not available;

(II) Child care as needed according to a case plan, when other child care is not available;

(III) In-home supportive homemaker services;

(IV) Diagnostic, mental health, and health-care services;

(V) Drug and alcohol treatment services;

(VI) After care services to prevent a return to out-of-home placement;

(VII) Family support services while a child is in out-of-home placement including home-based services, family counseling, and placement alternative services;

(VIII) Financial services in order to prevent placement;

(IX) Family preservation services, which are brief, comprehensive, and intensive services provided to prevent the out-of-home placement of children or to promote the safe return of children to the home; and

(X) Foster care prevention services.

(d.5) On or before January 1, 2022, the department of human services, in cooperation with county departments of human or social services, shall analyze necessary data to assess and determine the number of placements necessary for each level of care for children or youth who are in out-of-home placements.

(d.7) On or before July 1, 2022, the department of human services, in consultation with the department of health care policy and financing, shall develop and implement a plan to build capacity and develop appropriate and available out-of-home placement options for each necessary level of care in the state in order to serve the number of children and youth who require a given level of care.

(e) The department of human services may promulgate such rules and regulations as are necessary to implement the provision of services pursuant to this article.

(f) It is the intent of the general assembly to use existing general fund moneys which have serviced the programs described in this subsection (2) to access federal funds.

(g) Services provided pursuant to this section are required to meet the provisions of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(h) Services provided pursuant to this section must meet the provisions of Title VI of the federal "Civil Rights Act of 1964", and its related amendments and implementing regulations, regardless of whether the services are provided by a county department, city and county, or private-entity contractor. A county department, city and county, or private-entity contractor shall take reasonable steps to ensure meaningful language access to a person with limited English proficiency in accordance with rules promulgated pursuant to section 26-5-102.5. The language access must be provided in a timely manner and without unreasonable delay. A county department or a city and county shall provide services under the supervision of and with the support of the state department of human services pursuant to section 26-1-111.

(3) (a) The state board of human services shall promulgate rules creating a standard and deliberate process for determining, in coordination with the education provider, parents, if appropriate, guardian ad litem or counsel for youth, and the child, whether it is in the best interest of a child in out-of-home placement to remain in the child's school of origin when the child is placed in out-of-home placement or experiences a change in placement.

(b) Each county department of human or social services shall coordinate with school districts and the state charter school institute to establish systems-level plans for how necessary transportation to a school of origin will be provided, arranged, and funded for the duration of a child or youth's time as a student in out-of-home placement, including the equitable allocation of costs.

(c) The department of human services shall provide technical assistance and compliance monitoring for the county departments of human or social services to ensure that county departments of human or social services are properly implementing this subsection (3), including administering funds to allow students in out-of-home placement to remain in their schools of origin, with transportation provided.

(d) Any state funds expended pursuant to this section for children eligible under Title IV-E of the federal "Social Security Act", as amended, shall be counted to satisfy matching requirements for federal funds received pursuant to that act.

(e) The department shall convene a working group within six months after April 25, 2023, including the department of education, county departments of human or social services, representatives from the special education directors, and other appropriate school district representatives, to identify issues related to foster youth education, transportation, and stability, as described in this subsection (3), and together, prior to the 2025 regular legislative session, develop written recommendations to the general assembly regarding any regulatory or statutory changes that may be required.
C.R.S. § 19-4-116 — CO Code / Title 19 / Article 4 / Section 19-4-116
19-4-116. Judgment or order - birth-related costs - evidence
Status: repealed

19-4-116. Judgment or order - birth-related costs - evidence. (1) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.

(2) If the judgment or order of the court is at variance with the child's birth certificate or if the court enters a judgment or order determining the existence of a parent and child relationship during the course of a proceeding held pursuant to article 3 of this title, the court shall order that a new birth certificate be issued under section 19-4-124.

(3) (a) The judgment or order may contain any other provision directed against the appropriate party to the proceeding concerning the duty of support, the recovery of child support debt pursuant to section 14-14-104, C.R.S., the allocation of parental responsibilities with respect to the child and guardianship of the child, parenting time privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order may direct the father to pay for genetic testing and to pay the reasonable expenses of the mother's pregnancy and confinement.

(b) Repealed.

(c) Bills for pregnancy, childbirth expenses, and genetic testing are admissible as evidence without the necessity of third-party foundation testimony and shall constitute prima facie evidence of the amounts incurred for such services or for expenses incurred on behalf of the child.

(4) Support judgments or orders ordinarily must be for periodic payments, which may vary in amount. In the best interest of the child, a lump-sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. The court or delegate child support enforcement unit may enter an order directing the obligor to pay for support of the child, in an amount as may be determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period that occurred prior to the month the child support obligation begins. The court may limit the obligor's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.

(5) The judgment or order may include a provision requiring that the respondent initiate inclusion of the child under a medical insurance policy currently in effect for the benefit of the respondent, purchase medical insurance for the child, or in some other manner provide for the current or future medical needs of the child. At the same time, the court may make a determination of whose responsibility it shall be to pay required medical insurance deductibles and copayments. If the judgment or order does not contain a provision regarding medical support, such as insurance coverage, payment for medical insurance deductibles and copayments, or unreimbursed medical expenses, that fact may be grounds for a modification of the order under section 14-10-122, C.R.S.

(6) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider all relevant facts, including:

(a) The needs of the child;

(b) The standard of living and circumstances of the parents;

(c) The relative financial means of the parents;

(d) The earning ability of the parents;

(e) The need and capacity of the child for education, including higher education;

(f) The age of the child;

(g) The financial resources and the earning ability of the child;

(h) The responsibility of the parents for the support of others;

(i) The value of services contributed by the parent with whom the child resides the majority of the time;

(j) The standard of living the child would have enjoyed had the parents been married; and

(k) The child support guidelines, as set forth in section 14-10-115, C.R.S.

(7) Any order of support made pursuant to subsections (4) to (6) of this section shall continue until the child is nineteen years of age, unless the support order is terminated sooner by court order.

(8) The court may order support to be continued after the child is nineteen years of age if the child is unable to care for himself or herself by reason of mental or physical disability or other reason justifiable in the opinion of the court.

(9) All child support orders entered pursuant to this article shall include the names and dates of birth of the parties and of the children who are the subject of the order and the parties' residential and mailing addresses. The social security numbers of the parties and children shall be collected pursuant to sections 14-14-113 and 26-13-127, C.R.S.
C.R.S. § 19-3-607 — CO Code / Title 19 / Article 3 / Part 6 / Section 19-3-607
19-3-607. Expert testimony
Status: in_force

19-3-607. Expert testimony. (1) An indigent parent has the right to have appointed one expert witness of his or her own choosing whose reasonable fees and expenses, subject to the review and approval by the office of the respondent parents' counsel, shall be paid by the state of Colorado pursuant to section 19-3-610.

(2) All ordered evaluations shall be made available to counsel at least fifteen days prior to the hearing.
C.R.S. § 19-2.5-606 — CO Code / Title 19 / Article 2.5 / Part 6 / Section 19-2.5-606
19-2.5-606. Preadjudication service program - creation
Status: in_force

19-2.5-606. Preadjudication service program - creation. (1) (a) The chief judge of any judicial district may issue an order that any juvenile who applies for preadjudication release be evaluated for placement by a preadjudication service program established pursuant to this section. In evaluating the juvenile, the service program shall follow criteria for the placement of a juvenile established pursuant to section 19-2.5-1404. Upon evaluation, the service program shall make a recommendation to the court concerning placement of the juvenile with a preadjudication service program.

(b) Parents or legal guardians of a juvenile evaluated by a preadjudication service program shall complete the information form described in section 19-2.5-1404 (1)(b)(VIII) no later than two business days after the evaluation or prior to the juvenile's first detention hearing, whichever occurs first. If available, the screening team or preadjudication service program shall file the original completed information form with the court. If the information form has not been completed at the time of the detention hearing, the court shall direct the parent or legal guardian to immediately complete the form and file it with the court. The screening team, preadjudication service program, or the court shall deliver a copy of the information form to the division of youth services; the guardian ad litem, if any; and the county department of human or social services no later than seven business days after the date of the detention hearing.

(2) Any county or city and county or judicial district in the state may establish a preadjudication service program for use by the district court for the county or city and county or judicial district. Such program must be established in accordance with a local justice plan developed pursuant to section 19-2.5-302.

(3) The local justice plan must provide for the assessment of juveniles taken into custody and detained by law enforcement officers. The assessment must be based on criteria for the placement of juveniles established pursuant to section 19-2.5-1404, so that relevant information may be presented to the judge presiding over the detention hearing. The information provided to the court through the screening process, including the record of any prior adjudication of the juvenile, is intended to enhance the court's ability to make a more appropriate detention and bond decision, based on facts relative to the juvenile's substantial risk of serious harm to others.

(4) The plan may include different methods and levels of community-based supervision as conditions for preadjudication release, including the possibility of release without formal supervision. The plan may provide for the use of the same supervision methods that have been established for adult defendants as a pretrial release method to reduce pretrial incarceration or that have been established as sentencing alternatives for juvenile or adult offenders placed on probation or parole. The use of such supervision methods is intended to reduce preadjudication detentions without sacrificing the protection of the community from juveniles who may be risks to the public. The plan may allow for the release of the juvenile to the juvenile's home with no formal supervision or provide for the use of any of the following supervision methods as conditions of preadjudication release:

(a) Periodic telephone communications with the juvenile;

(b) Periodic office visits by the juvenile to the preadjudication service program;

(c) Periodic home visits to the juvenile's home;

(d) If a validated mental health or substance use screening and subsequent mental health or substance use assessment indicates that the juvenile has a need:

(I) Periodic drug testing of the juvenile; or

(II) Behavioral or mental health or substance use treatment for the juvenile, which may include residential treatment;

(e) Periodic visits to the juvenile's school;

(f) Domestic violence or child abuse counseling for the juvenile, if applicable;

(g) Electronic or global position monitoring of the juvenile;

(h) Work release for the juvenile, if school attendance is not applicable or appropriate under the circumstances; or

(i) Juvenile day reporting and day treatment programs.
C.R.S. § 19-4.5-110 — CO Code / Title 19 / Article 4.5 / Section 19-4.5-110
19-4.5-110. Parentage of deceased intended parent under surrogacy agreement
Status: in_force

19-4.5-110. Parentage of deceased intended parent under surrogacy agreement. (1) Section 19-4.5-109 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.

(2) Except as otherwise provided in section 19-4.5-112, an intended parent is not a parent of a child conceived by assisted reproduction under a surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:

(a) The agreement provides otherwise; and

(b) The transfer of a gamete or embryo occurs not later than thirty-six months after the death of the intended parent or birth of the child occurs not later than forty-five months after the death of the intended parent.
C.R.S. § 19-2.5-209 — CO Code / Title 19 / Article 2.5 / Part 2 / Section 19-2.5-209
19-2.5-209. Taking juvenile into custody
Status: in_force

19-2.5-209. Taking juvenile into custody. (1) A juvenile may be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe that the juvenile has committed a delinquent act.

(2) A juvenile may be taken into temporary custody by a law enforcement officer executing a lawful warrant taking a juvenile into custody issued pursuant to section 19-2.5-204.

(3) A juvenile probation officer may take a juvenile into temporary custody:

(a) Under the circumstances stated in subsection (1) of this section; or

(b) If the juvenile has violated the conditions of probation and is under the continuing jurisdiction of the juvenile court.

(4) A juvenile may be detained temporarily by an adult other than a law enforcement officer if the juvenile has committed or is committing a delinquent act in the presence of such adult. Any person detaining a juvenile shall notify, without unnecessary delay, a law enforcement officer, who shall assume custody of said juvenile.

(5) The taking of a juvenile into temporary custody pursuant to this section is not an arrest, nor does it constitute a police record.
C.R.S. § 19-2.5-1404 — CO Code / Title 19 / Article 2.5 / Part 14 / Section 19-2.5-1404
19-2.5-1404. Working group for criteria for placement of juvenile offenders - establishment o
Status: in_force

19-2.5-1404. Working group for criteria for placement of juvenile offenders - establishment of formula - review of criteria - report. (1) (a) The executive director of the department of human services and the state court administrator of the judicial department, or any designees of such persons, shall form a working group that includes representatives from:

(I) The division of criminal justice of the department of public safety;

(II) The office of state planning and budgeting;

(III) The Colorado district attorneys' council;

(IV) Law enforcement, including at least one representative from a statewide organization of county sheriffs;

(V) The public defender's office and the office of alternate defense counsel;

(VI) The office of the child representative;

(VII) Juvenile probation;

(VIII) Juvenile court judges and magistrates;

(IX) Local and county governments, including at least three representatives from county departments of human or social services;

(X) The division of youth services;

(XI) The division of child welfare;

(XII) The local juvenile services planning committees, created in section 19-2.5-302; and

(XIII) Organizations that advocate for youth involved in the juvenile justice system.

(a.5) The working group must also include at least two persons directly affected by the incarceration of youth, of whom, at least one person who is or was a youth in the custody of a division of youth services facility.

(b) The working group shall carry out the following duties:

(I) To establish a set of criteria for both detention and commitment for the purposes of determining which juvenile offenders are appropriate for placement in the physical or legal custody of the department of human services. The criteria must conform with section 19-2.5-305. This set of criteria, when adopted by the department of human services and the judicial department, must promote a more uniform system of determining which juveniles should be placed in the physical custody of the department of human services or in the legal custody of the department of human services so that decisions for placement of a juvenile are made based upon a uniform set of criteria throughout the state. In addition, the criteria must specifically take into account the juvenile's educational needs and ensure the juvenile's access to appropriate educational services. The working group established pursuant to this subsection (1) shall hold a meeting at least four times each year and as necessary to review and propose revision to the criteria established pursuant to this subsection (1) and the formula created pursuant to subsection (1)(b)(V) of this section.

(II) Before January 1, 2021, to develop or adopt by a majority vote of the working group a research-based detention screening instrument to be used statewide to inform placement of juveniles in a detention facility. In developing or adopting the detention screening instrument, the working group shall consult with expert organizations and review research and best practices from other jurisdictions. The working group is also responsible for:

(A) Ensuring that the instrument identifies and mitigates any disparate impacts based on disability, race or ethnicity, gender, sexual orientation, national origin, economic status, or child welfare involvement;

(B) Identifying measures and scoring for the detention screening instrument to determine eligibility for placement in a juvenile detention facility;

(C) Identifying how the instrument is validated and piloted; and

(D) Establishing statewide scoring override policies that minimize subjective decisions to hold a juvenile in a detention facility, while allowing for local flexibility;

(III) Before January 1, 2021, to develop a plan to provide training and technical assistance to screening teams on the implementation of the detention screening instrument, including at least annual refresher training;

(IV) Before January 1, 2021, to develop a plan for the division of youth services to collect, compile, and report to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees, annually on the use of secure detention; number and justification of overrides of the detention screening instrument as conducted pursuant to section 19-2.5-303; and, if possible, an analysis of detention screening instrument data to determine if any disparate impacts resulted based on race, ethnicity, gender, sexual orientation, national origin, economic status, or child welfare involvement. The division of youth services shall recommend any necessary changes to appropriations that need to be made prior to fully implementing this section's recommendations. Notwithstanding section 24-1-136 (11)(a)(I), this reporting requirement continues indefinitely.

(V) To establish a formula for the purpose of allocating funds by each judicial district in the state of Colorado for alternative services to placing juveniles in the physical custody of the department of human services or in the legal custody of the department of human services. The allocation must take into consideration such factors as the population of the judicial district, the incidence of offenses committed by juveniles in such judicial district, and other factors as deemed appropriate. The working group shall consider and take into account whether any federal money or matching funds are available to cover the costs of juveniles within the system, including parent fees and third-party reimbursement as authorized by law or reimbursements under Title IV-E of the federal "Social Security Act", as amended.

(VI) Before January 1, 2021, to establish criteria for juveniles served through alternative services funded pursuant to subsection (1)(b)(V) of this section. The criteria must prioritize:

(A) Preadjudicated juveniles eligible for placement in a detention facility as determined by results from a detention screening instrument;

(B) Juveniles who are in secure detention; and

(C) Juveniles under the supervision of probation when the results of a detention screening instrument indicate that the juvenile is eligible for detention.

(VII) At least annually review data collected by the division of youth services on the use of funding pursuant to subsection (1)(b)(V) of this section and its impact on the use of juvenile detention. The working group shall identify the measures that it will collect as part of its review of the impact of preadjudicated funding on detention pursuant to this section.

(VIII) Before January 1, 2021, to adopt a relative information form concerning a juvenile's potential need for services or placement. The information form must be available at each judicial district to each parent or legal guardian of a juvenile screened for detention and participation in alternative services. The information form must:

(A) Advise the parent or legal guardian that he or she is required to provide the requested information fully and completely; and

(B) Require the parent or legal guardian to list the names, addresses, e-mail addresses, and telephone numbers of every grandparent, relative, kin, and person with a significant relationship with the juvenile and any comments concerning the appropriateness of the juvenile's potential need for services from or placement with those persons.

(IX) Before January 1, 2021, to develop a system of graduated responses and rewards to guide parole officers in determining how best to motivate positive juvenile behavior change and the appropriate response to a violation of terms and conditions of juvenile parole. Graduated responses means an accountability-based series of sanctions and services designed to respond to a juvenile's violation of parole quickly, consistently, and proportionally and incentives to motivate positive behavior change and successful completion of parole and the juvenile's reentry and treatment goals.

(X) Before July 1, 2022, to create a formula for the allocation of money to judicial districts pursuant to section 19-2.5-1407 (3) for the provision of temporary shelter for juveniles.

(2) Of the members of the working group established pursuant to subsection (1) of this section, the executive director of the department of human services and the state court administrator of the judicial department, or any designees of such persons, have final authority to carry out the duty of creating the set of criteria pursuant to subsections (1)(b)(I) to (1)(b)(IV) of this section and creating the formula pursuant to subsections (1)(b)(V) to (1)(b)(VII) of this section. This authority can only be exercised after working with and participating in the working group process established in this section.

(3) (a) On or before October 31, 2021, and at least four times each year thereafter and as necessary to perform the duties described in this subsection (3), the working group shall convene for the purpose of examining the availability of alternatives to youth detention and the use of detention beds, and examining necessary investments in alternatives to youth detention, including less restrictive placements that serve alleged and adjudicated juvenile offenders and community-based services that allow alleged and adjudicated juvenile offenders to live with family or kin. The working group shall carry out the following duties:

(I) By October 31, 2022, the working group shall develop performance standards and outcome measures to evaluate the degree to which alleged and adjudicated offenders are in the least restrictive setting with appropriate services. The performance standards and outcome measures must:

(A) Evaluate whether the number of alternative placements, range of services offered by such placements, and community-based services available meet the needs of youth in each judicial district and county; and

(B) Determine whether and how specific data and outcome measures must be reported to evaluate the efficacy of less restrictive placements and community-based services.

(II) The working group shall advise the department of human services concerning policies, procedures, and best practices related to serving youth in the least restrictive setting.

(III) The working group shall review the data provided by the department of human services pursuant to subsection (3)(b) of this section, and provide recommendations:

(A) To enhance the continuum of community-based services and placement options for alleged and adjudicated juvenile offenders, including recommendations to improve availability and quality of less restrictive alternative placements and community-based services for youth;

(B) Regarding any changes to secure detention bed capacity limits and the allocation of detention beds across the state; and

(C) For future data collection and reporting to assist the working group in completing its duties.

(b) On or before July 1, 2023, and on or before July 1 each year thereafter, the department of human services shall submit a report to the working group, the judiciary committees of the senate and the house of representatives, or any successor committees, and the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees. The report must include the data collected pursuant to subsection (3)(d) of this section for the prior calendar year and the following:

(I) An analysis of the data collected in accordance with the performance standards and outcome measures developed pursuant to subsection (3)(a)(I) of this section, and an analysis of the progress toward meeting the performance standards and outcome measures developed pursuant to subsection (3)(a)(I) of this section;

(II) The status of implementation of efforts guided by the working group's recommendations pursuant to subsection (3)(a)(II) of this section;

(III) An analysis of the continuum of in-home and out-of-home placement options and supports for alleged juvenile offenders, including the current availability capacities of the options and supports, including:

(A) An analysis of the availability of and demand for less restrictive alternative placements in each judicial district and county, including but not limited to residential treatment facilities, qualified residential treatment programs, nonqualified residential treatment programs, residential community placements, shelter placements, and family-type settings, including but not limited to foster care;

(B) An analysis of the availability and use of funding for less restrictive alternative placements in each judicial district and county, including but not limited to residential treatment facilities, qualified residential treatment programs, nonqualified residential treatment programs, residential community placements, shelter placements, and family-type settings, including but not limited to foster care;

(C) An analysis of the availability of and demand for community-based services in each judicial district and county offered to alleged and adjudicated juvenile offenders that assist in allowing children to live with family or kin, including the types of community-based services available and capacity for each type of service in each judicial district and county; and

(D) An analysis of the availability and use of funding for community-based services in each judicial district and county offered to alleged and adjudicated juvenile offenders, including the amount of funding spent on different types of services.

(IV) An analysis of barriers to placing youth in less restrictive alternative placements;

(V) The number of youth in detention awaiting placement in a less restrictive community setting;

(VI) The number of youth in detention charged by direct filing pursuant to section 19-2.5-801 by judicial district or county, and the average length of stay in detention for these youth;

(VII) An analysis of the number of youth placed in less restrictive alternative placements, including but not limited to residential treatment facilities, qualified residential treatment programs, nonqualified residential treatment programs, residential community placements, shelter placements, and family-type settings, including but not limited to foster care, and the length of stay in these placements for alleged and adjudicated offenders;

(VIII) An analysis of the involvement of youth and their families, and their satisfaction with less restrictive alternative placements;

(IX) An analysis of the number of alleged and adjudicated juvenile offenders who are served by county departments through their child welfare systems and the impact on those county departments;

(X) The number of youth, by age and by judicial district, who at the time they received services from a county department, including, but not limited to, services received through prevention services, an assessment, or an open dependency and neglect case:

(A) Had an open delinquency case in a district court;

(B) Were on juvenile probation; or

(C) Had a juvenile deferred sentence;

(XI) The number of youth, by age and by judicial district, who at the time they were placed in out-of-home placement by a county department:

(A) Had an open delinquency case in a district court;

(B) Were on juvenile probation; or

(C) Had a juvenile deferred sentence;

(XII) The age, race, gender, and disability status for the children described in subsections (3)(b)(X) and (3)(b)(XI) of this section; and

(XIII) The recommendations of the working group made pursuant to subsection (3)(a)(III) of this section.

(XIV) The recommendations of the working group made pursuant to subsection (3)(a)(III) of this section.

(c) Notwithstanding section 24-1-136 (11)(a)(I), the report required in subsection (3)(b) of this section continues indefinitely.

(d) Beginning for state fiscal year 2023-24, and for each fiscal year thereafter, the state department shall collect data statewide concerning the following:

(I) The demographic information, including race, ethnicity, gender, age, sexual orientation, gender identity, and disability status, to the extent the information is available, of the youth in each detention facility who are eligible for release from a detention facility without an additional court order if services or a placement are available for the youth but who are being held in detention due to lack of available services or placement;

(II) The number of temporary emergency detention beds, described in section 19-2.5-1407.3 (4), used each day in each catchment area; and

(III) The number of youth released from detention solely because the number of youth detained statewide exceeded the statewide detention bed cap established in section 19-2.5-1514.

(e) (I) The working group shall conduct a study to determine how to identify, who possesses, and the best method to collect and report the following data and information related to juveniles who are detained:

(A) The number of court orders requested in each judicial district to release a youth who could not otherwise be released from detention and the order was requested solely because the number of youth detained in the judicial district exceeded the number of juvenile detention beds allocated by the division of youth services to the judicial district;

(B) The number of youth in each judicial district who could not otherwise be released from detention who were released pursuant to a court order to make a detention bed available in the catchment area; and

(C) The number of youth eligible for release from a detention facility without an additional court order who, after being held in detention for a period of time due to a lack of available services or placement, are released from detention without the identified services or placement, and the number of days between the identification of the need for services or placement and release, for each youth.

(II) The working group shall include the results of the study in its recommendations made pursuant to subsection (3)(a)(III) of this section.

(f) If the department is unable to provide any of the data required in the annual report pursuant to subsection (3)(b) of this section, the department shall include in the report its plan to collect and report on the data that is currently unavailable in the following year. The department shall report the missing data the following year.
C.R.S. § 19-3-609 — CO Code / Title 19 / Article 3 / Part 6 / Section 19-3-609
19-3-609. Appeals - time requirements
Status: in_force

19-3-609. Appeals - time requirements. (1) Appeals of court decrees made under this part 6 shall be given precedence on the calendar of the appellate court over all other matters unless otherwise provided by law.

(2) Whenever an appeal is made under this part 6, an indigent parent, upon request, shall be provided a transcript of the trial proceeding for the appeal at the expense of the state pursuant to section 19-3-610.

(3) All written orders by the district court from any appealable hearing must be made within thirty-five days after the hearing to provide timely permanency for the child or children who are the subject of the appeal.
C.R.S. § 19-1-206 — CO Code / Title 19 / Article 1 / Part 2 / Section 19-1-206
19-1-206. Appointment of CASA volunteers
Status: in_force

19-1-206. Appointment of CASA volunteers. (1) (a) A judge or magistrate may appoint a CASA volunteer in any action brought pursuant to this title and titles 14 and 15, C.R.S., when, in the opinion of the judge or magistrate, a child who may be affected by such action requires services that a CASA volunteer can provide. At the discretion of the judge or magistrate, a CASA volunteer may be a party to the action if so provided for in the memorandum of understanding.

(b) A judge or magistrate may appoint a CASA volunteer in any action brought in a proceeding pursuant to the "School Attendance Law of 1963", part 1 of article 33 of title 22, C.R.S., provided that at least one parent or legal guardian of the child involved is provided with notice of the appointment of a CASA volunteer.

(2) A CASA volunteer shall be appointed at the earliest stages of an action pursuant to a court order that gives him or her the authority to review all relevant documents and interview all parties involved in the case, including parents, other parties in interest, and any other persons having significant information relating to the child.

(3) The CASA volunteer's appointment concludes:

(a) When the court's jurisdiction over the child terminates; or

(b) Upon discharge by the court on its own motion or at the request of the program director of the CASA program to which the CASA volunteer is assigned.
C.R.S. § 19-5-401 — CO Code / Title 19 / Article 5 / Part 4 / Section 19-5-401
19-5-401. Definitions
Status: repealed

19-5-401. Definitions. (Repealed)
C.R.S. § 19-5-100.5 — CO Code / Title 19 / Article 5 / Part 1 / Section 19-5-100.5
19-5-100.5. Applicability of article
Status: in_force

19-5-100.5. Applicability of article. Except where indicated otherwise, each provision of this article pertaining to relinquishment or adoption shall apply only to child welfare adoptions and not to private adoptions.
C.R.S. § 19-5.5-403 — CO Code / Title 19 / Article 5.5 / Part 4 / Section 19-5.5-403
19-5.5-403. Transitional provisions
Status: in_force

19-5.5-403. Transitional provisions. (1) Part 2 of this article 5.5 applies to:

(a) A transfer of custody on or after April 17, 2023; and

(b) Soliciting or advertising on or after April 17, 2023.

(2) Part 3 of this article 5.5 applies to placement of a child for adoption more than sixty days after April 17, 2023.
C.R.S. § 19-3-308.5 — CO Code / Title 19 / Article 3 / Part 3 / Section 19-3-308.5
19-3-308.5. Recorded interviews of child
Status: in_force

19-3-308.5. Recorded interviews of child. (1) Any interview of a child conducted pursuant to section 19-3-308, concerning a report of child abuse, may be audiotaped or videotaped. However, interviews concerning reports of sexual child abuse are strongly encouraged to be videotaped. A competent interviewer at a child advocacy center, as that term is defined in section 19-1-103, that has a memorandum of understanding with the agency responsible for the investigation or a competent interviewer for the agency responsible for the investigation in accordance with such section shall conduct an audiotaped or videotaped interview; except that an interview must not be videotaped when doing so is impracticable under the circumstances or will result in trauma to the child, as determined by the investigating agency. No more than one videotaped interview is required unless the interviewer or the investigating agency determines that additional interviews are necessary to complete an investigation. The same interviewer shall conduct additional interviews, to the extent possible. The recordings must be preserved as evidence in the manner and for a period provided by law for maintaining such evidence. In addition, access to the recordings is subject to the rules of discovery under the Colorado rules of criminal and civil procedure.

(2) The provisions of this section shall not apply to a videotaped deposition taken in accordance with and governed by section 18-3-413, C.R.S., or section 13-25-132, C.R.S., and rule 15 (d) of the Colorado rules of criminal procedure. In addition, this section shall not apply to interviews of the child conducted after a dependency and neglect action or a criminal action has been filed with the court.

(3) Any agency subject to the provisions of this section shall provide equipment necessary to videotape or audiotape the interviews or shall enter into a memorandum of understanding with a child advocacy center authorizing the use of such equipment. The investigating agency shall train persons responsible for conducting videotaped interviews in accordance with this section; except that the agency shall not be responsible for training interviewers employed by a child advocacy center. The agency shall adopt standards for persons conducting such interviews.

(4) An agency that enters into a memorandum of understanding with a child advocacy center that employs interviewers shall assure that such interviewers meet the training standards for persons conducting interviews adopted by the agency pursuant to subsection (3) of this section. In addition, an agency that enters into a memorandum of understanding with a child advocacy center that provides technical assistance for forensic interviews, forensic medical examinations, or evidence collection or preservation may require that the child advocacy center meets the national performance standards for children's advocacy centers as established by the national accrediting body. These standards include, but are not limited to, standards for forensic interviews to be conducted in a manner which is of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing.
C.R.S. § 19-4-101 — CO Code / Title 19 / Article 4 / Section 19-4-101
19-4-101. Short title
Status: in_force

19-4-101. Short title. This article shall be known and may be cited as the "Uniform Parentage Act".
C.R.S. § 19-5-208 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-208
19-5-208. Petition for adoption - open adoption - post-adoption contact agreement
Status: in_force

19-5-208. Petition for adoption - open adoption - post-adoption contact agreement. (1) The petition for adoption shall be filed not later than thirty-five days after the date on which the child is first placed in the home of the adoptive applicants for the purpose of adoption unless the court finds that there was reasonable cause or excusable neglect for not filing the petition. The court shall then fix a date for the hearing.

(2) Every petition for adoption of a child shall be verified by the petitioner and shall be entitled substantially as follows: "In the matter of the petition of .......... for the adoption of a child." It shall contain:

(a) The name, date and place of birth, race, and place of residence of each petitioner, including the maiden name of the adopting mother, and the date of marriage, if any, of the petitioners;

(b) The name, date and place of birth, and place of residence, if known by the petitioner, of the child to be adopted;

(c) The relationship, if any, of the child to the petitioner;

(d) The full name by which the child shall be known after adoption;

(e) The full description of the property, if any, of the child;

(f) The names of the parents of the child, and the address of each living parent, if known to the petitioner;

(g) The names and addresses of the guardian of the person and the guardian of the estate of the child, if any have been appointed;

(h) The name of the agency or person to whom the custody of the child has been given by proper order of court;

(i) The length of time the child has been in the care and custody of the petitioner;

(j) Names of other children, both natural and adopted and both living and dead, of the adopting parents;

(k) The residence and occupation of each petitioner at or about the time of the birth of the child.

(2.5) (a) Pursuant to the provisions of section 19-1-126, the petition for adoption must:

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

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

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

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

(3) If the adoption placement is made by the county department of human or social services or a child placement agency, the information required in subsections (2)(b) and (2)(f) of this section must not be included in the petition but transmitted to the court as part of the home study report required in section 19-5-207.

(4) The petition shall be accompanied by a standardized affidavit form prescribed by the judicial department disclosing any and all fees, costs, or expenses charged or to be charged by any person or agency in connection with the adoption.

(4.5) (a) An agreement entered into pursuant to this subsection (4.5) is considered an open adoption.

(b) Only the petitioner may request a post-adoption contact agreement for contact between a child or youth and the birth parent or parents; a birth relative, as set forth in section 19-3-605 (1); or an Indian tribe if the child or youth is a member of the Indian tribe. A post-adoption contact agreement may include provisions for contact, family time, or the exchange of information, and the grounds, if any, on which the adoptive parent may decline to permit contacts or cease providing contact or information. If a child or youth is available for adoption through an expedited relinquishment pursuant to section 19-5-103.5, the contact agreement must be limited to contact between the child or youth and the birth parents and the child's or youth's biological siblings.

(c) If a child is twelve years of age or older, the court shall not order a post-adoption contact agreement unless the child consents to all terms of the contact agreement.

(d) The court shall include the post-adoption contact agreement in the adoption decree if the court finds the contact agreement is in the child's best interests, after considering the child's wishes and any other relevant information.

(e) A parent who has relinquished parental rights pursuant to section 19-5-104, or whose parental rights have been terminated pursuant to section 19-3-604 or 19-5-105, or any birth relative, as set forth in section 19-3-605 (1), must not be a party to the adoption. Access to the adoption file, with the exception of the post-adoption contact agreement and any pleadings or orders made pursuant to this section to enforce the contact agreement, is governed by part 3 of this article 5.

(f) A post-adoption contact agreement entered into pursuant to this subsection (4.5) must be submitted to the court on a standardized affidavit form prescribed by the judicial department that contains the following warnings acknowledged by all parties to the contact agreement:

(I) After the entry of a decree for adoption, an adoption, relinquishment, or termination of parental rights cannot be set aside due to the failure of the adoptive parent, biological parent, a birth relative, or the child to follow the terms of the contact agreement or any subsequent modifications of the agreement; and

(II) A disagreement between the parties or litigation brought pursuant to section 19-5-217 to enforce or terminate the contact agreement does not affect the validity of the adoption, relinquishment, or termination of parental rights and is not a basis for orders affecting the custody of the child.

(g) Nothing in this subsection (4.5) permits the court to order ongoing contact or other duties for the petitioner when the petitioner does not request a post-adoption contact agreement as set forth in this subsection (4.5).

(h) In any case where a post-adoption contact agreement is being considered by the court and a guardian ad litem or counsel for youth is currently appointed for the child or youth pursuant to section 19-3-203, the court shall appoint the guardian ad litem to represent the best interests of the child or youth, or the counsel for youth to represent the position and objectives that the child or youth want, with respect to the contact agreement. The guardian ad litem's or counsel for youth's representation in these proceedings is limited solely to making a recommendation as to whether the agreement proposed by the petitioner is in the best interests of the child and should be adopted as proposed. The court shall not make additions or modifications to the agreement in accordance with the recommendations of the guardian ad litem or counsel for youth unless the petitioner consents to the additions or modifications. The duties of the guardian ad litem or counsel for youth terminate upon the entry of the decree of adoption.

(5) In all stepparent, second parent, custodial, and kinship adoptions, the petition shall contain a statement informing the court whether the prospective adoptive parent was convicted at any time by a court of competent jurisdiction of a felony or misdemeanor in one of the following areas: Child abuse or neglect; spousal abuse; any crime against a child; any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.; violation of a protection order, as described in section 18-6-803.5, C.R.S.; any crime involving violence, rape, sexual assault, or homicide; or any felony physical assault or battery. In addition, the petitioner shall attach to the petition a current criminal history records check paid for by the petitioner.

(6) In all custodial and kinship adoptions, the petition must contain a statement that the petitioner has consulted with the appropriate local county department of human or social services concerning the possible eligibility of the petitioner and the child for temporary assistance for needy families (TANF), medicaid, subsidized adoption, and other services or public assistance administered by the county department of human or social services.
C.R.S. § 19-5.5-306 — CO Code / Title 19 / Article 5.5 / Part 3 / Section 19-5.5-306
19-5.5-306. Information about adoption assistance and resources
Status: in_force

19-5.5-306. Information about adoption assistance and resources. (1) On request of a child who was placed for adoption or the child's adoptive parent, the child placement agency or the county department shall provide information about how to obtain adoption assistance and resources:

(a) To assist the child or parent to respond effectively to adjustment, behavioral health, and other challenges; and

(b) To help preserve the placement or adoption.
C.R.S. § 19-6-104 — CO Code / Title 19 / Article 6 / Section 19-6-104
19-6-104. Hearing - orders
Status: in_force

19-6-104. Hearing - orders. (1) If the court or delegate child support enforcement unit finds that the obligor has an obligation to support the child or children mentioned in the petition or notice, the court or delegate child support enforcement unit may enter an order directing the obligor to pay such sums for support as may be reasonable under the circumstances, taking into consideration the factors found in section 19-4-116 (6). The court or delegate child support enforcement unit may also enter an order directing the appropriate party to pay for support of the child, in an amount as may be determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period that occurred prior to the month the child support obligation begins under this article 6.

(1.5) At the hearing, the court shall give a verbal advisement to the parties 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. The judge or magistrate shall further advise the parties that, if genetic tests are not obtained prior to the 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.

(2) If, at or before the hearing, the respondent waives his right to a hearing and stipulates to the entry of a support order, such stipulation may be presented to the court. If the court finds that the amount stipulated is reasonable under the circumstances, it may enter an order of support in accordance with the stipulation.

(3) The court may enter a temporary support order to remain effective pending a final disposition of the proceeding.

(3.5) Upon the filing of a proceeding under this article 6 or upon the filing of a proceeding originating under article 13.5 of title 26, the judge or magistrate shall advise the parties that subsequent to an adjudication of parentage, upon motion, the court shall enter an order allocating parental responsibilities pursuant to section 14-10-124 (1.5); except that, in matters involving a nonresident party, the court shall first determine whether it has authority to issue an order allocating parental responsibilities pursuant to article 13 of title 14. Nothing in this subsection (3.5) shall be construed to authorize a delegate child support enforcement unit to negotiate or mediate the allocation of parental responsibilities in any proceeding initiated under this article or article 13.5 of title 26.

(4) The court may modify an order of support only in accordance with the provisions of and the standard for modification in section 14-10-122, C.R.S.

(5) The court may order that the respondent initiate the inclusion of the child or children under a medical insurance policy currently in effect for the benefit of the respondent, purchase medical insurance for the child or children, or, in some other manner, provide for the current or future medical needs of the child or children. At the same time, the court may make a determination of whose responsibility it shall be to pay required medical insurance deductibles and copayments.

(5.5) All child support orders entered pursuant to this article 6 must include the dates of birth of the parties and of the children who are the subjects of the order and the parties' residential and mailing addresses.

(6) Any order made pursuant to this article shall not be exclusive.

(7) The court may assess the costs of the action as part of its order.
C.R.S. § 19-3-203 — CO Code / Title 19 / Article 3 / Part 2 / Section 19-3-203
19-3-203. Right to guardian ad litem and counsel for youth
Status: in_force

19-3-203. Right to guardian ad litem and counsel for youth. (1) Upon the filing of a petition pursuant to section 19-3-502 that alleges abuse or neglect of a child, the court shall appoint a guardian ad litem for any child who is under twelve years of age. The guardian ad litem must be an attorney-at-law licensed to practice in Colorado and approved by the office of the child's representative created in section 13-91-104. Nothing in this section limits the power of the court to appoint a guardian ad litem prior to the filing of a petition for good cause.

(2) Upon the filing of a petition pursuant to section 19-3-502 that alleges abuse or neglect of a child, the court shall appoint counsel for youth for any child or youth who is twelve years of age or older. The counsel for youth must be an attorney-at-law licensed to practice in Colorado and approved by the office of the child's representative created in section 13-91-104. The court may appoint the same attorney, as long as the attorney does not assert there is a conflict of interest as defined under the applicable rules of professional conduct, to represent the best interests of younger siblings who are under twelve years of age as a guardian ad litem and to represent youth in the sibling group who are twelve years of age or older as a counsel for youth. Until the court's jurisdiction is terminated, appointment of counsel for youth pursuant to this section continues. A child's or youth's right to counsel may not be waived. Nothing in this section limits the power of the court to appoint counsel for youth prior to the filing of a petition for good cause.

(3) A guardian ad litem who is currently appointed to represent the best interests of a child or youth pursuant to this section shall transition to client-directed counsel for youth immediately upon a child's twelfth birthday and act in this role until either the case is dismissed or new counsel is appointed, unless the court finds it necessary to appoint a guardian ad litem because the child or youth has diminished capacity, in which case the guardian ad litem remains in that role and the court shall appoint separate counsel for youth for the child. Counsel for youth shall notify the court and parties of the change, and the court shall issue a new order of appointment within seven days.

(4) The guardian ad litem or counsel for youth must be provided with all reports relevant to a case submitted to or made by any agency or person pursuant to this article 3, including reports of examination of the child or youth or persons responsible for the neglect or dependency of the child or youth. The county department shall share with the guardian ad litem or the counsel for youth the reports of fingerprint-based criminal history record checks from the Colorado bureau of investigation and from the federal bureau of investigation if the court orders the county department to share that information with the guardian ad litem or the counsel for youth. The guardian ad litem or counsel for youth must have access to the child or youth and confidential information regarding the child or youth, including but not limited to the child's or youth's educational, medical, and mental health records; social service agency files; court records, including court files involving allegations of abuse or neglect of the child or youth; delinquency records involving the child or youth; and any other information regarding the child relevant to the issues in the proceeding and reports that form the basis of recommendations made to the court. This section does not confer an independent right to obtain a parent's information or parent's records that are confidential or that are otherwise privileged under state or federal law. The court and social workers assigned to the case shall keep the guardian ad litem or counsel for youth apprised of significant developments in the case, particularly prior to further neglect or dependency court appearances.

(5) The guardian ad litem is charged in general with the representation of the child's best interests. To that end, the guardian ad litem shall make such further investigations as the guardian ad litem deems necessary to ascertain the facts and shall talk with or observe the child involved, examine and cross-examine witnesses in both the adjudicatory and dispositional hearings, introduce and examine the guardian ad litem's own witnesses, make recommendations to the court concerning the child's welfare, appeal matters to the court of appeals or the supreme court, and participate further in the proceedings to the degree necessary to adequately represent the child. In addition, the guardian ad litem, if in the best interest of the child, shall seek to assure that reasonable efforts are being made to prevent unnecessary placement of the child out of the home and to facilitate reunification of the child with the child's family or, if reunification is not possible, to find another safe and permanent living arrangement for the child. In determining whether said reasonable efforts are made with respect to a child, and in making such reasonable efforts, the child's health and safety are the paramount concern.

(6) A person appointed to serve as counsel for youth pursuant to this section shall comply with the Colorado rules of professional conduct, provisions set forth in a chief justice directive concerning the court appointment of counsel for youth in this title 19, and subsequent chief justice directives or practice standards established by rule or directive of the chief justice pursuant to section 13-91-105 concerning the duties and responsibilities of a guardian ad litem and counsel for youth in legal matters affecting children or youth. Counsel for youth shall ensure that the child or youth has representation through pending appeals.

(7) A guardian ad litem may be appointed for a child or youth twelve years of age or older if necessary because the child or youth has diminished capacity. The court shall not consider age or developmental maturity as the sole basis for an appointment of a guardian ad litem pursuant to this section.
C.R.S. § 19-5.5-206 — CO Code / Title 19 / Article 5.5 / Part 2 / Section 19-5.5-206
19-5.5-206. Enforcement
Status: in_force

19-5.5-206. Enforcement. The state department may investigate a possible violation of this part 2 and take legal action as provided by other law of this state.
C.R.S. § 19-3-308 — CO Code / Title 19 / Article 3 / Part 3 / Section 19-3-308
19-3-308. Action upon report of intrafamilial, institutional, or third-party abuse - inves
Status: repealed

19-3-308. Action upon report of intrafamilial, institutional, or third-party abuse - investigations - child protection team - rules - report. (1) (a) The county department shall respond immediately upon receipt of any report of a known or suspected incident of intrafamilial abuse or neglect to assess the abuse involved and the appropriate response to the report. The assessment must be in accordance with rules adopted by the state board of human services to determine the risk of harm to such child and the appropriate response to such risks. Appropriate responses include, but are not limited to, screening reports that do not require further investigation, providing appropriate intervention services, pursuing reports that require further investigation, and conducting immediate investigations. The immediate concern of any assessment or investigation is the protection of the child, and, where possible, the preservation of the family unit.

(b) Repealed.

(c) It shall be an appropriate response to a report of a known or suspected incident of intrafamilial abuse or neglect for a county department to require a parent or a child placement agency assisting a parent to verify that a petition for relinquishment has been filed or is imminent and to deem that a report does not require additional investigation pending finalization of the relinquishment in the following circumstance:

(I) When the report of a known or suspected incident of intrafamilial abuse or neglect involves a case in which the child tests positive at birth for either a schedule I or a schedule II controlled substance; and

(II) The parents of the child have filed or a child placement agency assisting the parents has filed a petition for relinquishment or anticipates filing a petition for relinquishment pursuant to the expedited relinquishment process described in section 19-5-103.5.

(1.5) (a) Upon referral to the county department, the county department shall assess the possibility of abuse or neglect.

(b) If, during the investigation and assessment process, the county department determines that the family's issues may be attributable to the child's mental health status, rather than dependency or neglect issues, and that mental health treatment services pursuant to section 27-67-104 may be more appropriate, the county department shall contact the mental health agency, as that term is defined in section 27-67-103 (10). Within ten days after the commencement of the investigation, the county department shall meet with a representative from the mental health agency and the family. The county department, in conjunction with the mental health agency, shall jointly determine whether mental health services should be provided pursuant to section 27-67-104 or whether the provision of services through the county department is more appropriate.

(c) On and after April 15, 2010, if a county department of human or social services that is participating in the differential response program pursuant to section 19-3-308.3 determines from an assessment performed pursuant to paragraph (a) of this subsection (1.5) that the known or suspected incident of intrafamilial abuse or neglect that was the basis for the assessment is of low or moderate risk, the county department, in lieu of performing an investigation pursuant to this section, may proceed in accordance with the provisions of section 19-3-308.3.

(2) The investigation, to the extent that it is reasonably possible, shall include:

(a) The credibility of the source or the report;

(b) The nature, extent, and cause of the abuse or neglect;

(c) The identity of the person responsible for such abuse or neglect;

(d) The names and conditions of any other children living in the same place;

(e) The environment and the relationship of any children therein to the person responsible for the suspected abuse or neglect;

(f) All other data deemed pertinent.

(3) (a) The investigation shall include an interview with or observance of the child who is the subject of a report of abuse or neglect. The investigation may include a visit to the child's place of residence or place of custody or wherever the child may be located, as indicated by the report. In addition, in connection with any investigation, the alleged perpetrator shall be advised as to the allegation of abuse and neglect and the circumstances surrounding such allegation and shall be afforded an opportunity to respond.

(b) If admission to the child's place of residence cannot be obtained, the juvenile court or the district court with juvenile jurisdiction, upon good cause shown, shall order the responsible person or persons to allow the interview, examination, and investigation. Should the responsible person or persons refuse to allow the interview, examination, and investigation, the juvenile court or the district court with juvenile jurisdiction shall hold an immediate proceeding to show cause why the responsible person or persons shall not be held in contempt of court and committed to jail until such time as the child is produced for the interview, examination, and investigation or until information is produced that establishes that said person or persons cannot aid in providing information about the child. Such person or persons may be held without bond. During the course of any such hearing, the responsible person or persons, or any necessary witness, may be granted use immunity by the district attorney against the use of any statements made during such hearing in a subsequent or pending criminal action.

(4) (a) The county department, except as provided in subsections (5) and (5.3) of this section, shall be the agency responsible for the coordination of all investigations of all reports of known or suspected incidents of intrafamilial abuse or neglect. The county department shall arrange for such investigations to be conducted by persons trained to conduct either the complete investigation or such parts thereof as may be assigned. The county department shall conduct the investigation in conjunction with the local law enforcement agency, to the extent a joint investigation is possible and deemed appropriate, and any other appropriate agency. The county department may arrange for the initial investigation to be conducted by another agency with personnel having appropriate training and skill. The county department shall provide for persons to be continuously available to respond to such reports. Contiguous counties may cooperate to fulfill the requirements of this subsection (4). The county department or other agency authorized to conduct the investigation pursuant to this subsection (4), for the purpose of such investigation, shall have access to the records and reports of child abuse or neglect maintained by the state department for information under the name of the child or the suspected perpetrator.

(b) Upon the receipt of a report, if the county department reasonably believes that an incident of intrafamilial abuse or neglect has occurred, it shall immediately offer social services to the child who is the subject of the report and his family and may file a petition in the juvenile court or the district court with juvenile jurisdiction on behalf of such child. If, before the investigation is completed, the opinion of the investigators is that assistance of the local law enforcement agency is necessary for the protection of the child or other children under the same care, the local law enforcement agency shall be notified. If immediate removal is necessary to protect the child or other children under the same care from further abuse, the child or children may be placed in protective custody in accordance with sections 19-3-401 (1)(a) and 19-3-405.

(c) Upon the receipt of a report, if the county department assessment concludes that a child has been a victim of intrafamilial, institutional, or third-party abuse or neglect in which he or she has been subjected to human trafficking of a minor for sexual servitude, as described in section 18-3-504, or commercial sexual exploitation of a child, it shall, when necessary and appropriate, immediately offer social services to the child who is the subject of the report and to his or her family, and it may file a petition in the juvenile court or the district court with juvenile jurisdiction on behalf of such child. If, at any time after the commencement of an investigation, the county department has reasonable cause to suspect that the child or any other child under the same care is a victim of human trafficking, the county department shall notify the local law enforcement agency as soon as it is reasonably practicable to do so. If immediate removal is necessary to protect the child or other children under the same care from further abuse, the child or children may be placed in protective custody in accordance with sections 19-3-401 (1)(a) and 19-3-405. In instances of third-party abuse or neglect as it relates to human trafficking, a county department of human or social services may, but is not required to, interview the person alleged to be responsible for the abuse or neglect or prepare an investigative report pursuant to subsection (5.3)(a) of this section. If a county department elects to interview the third-party individual, it shall first confer with its local law enforcement agency.

(4.5) (a) The state department shall adopt rules setting forth procedures for the investigation of reports of institutional abuse. Such rules may provide for investigations to be conducted by an agency that contracts with the state and has staff trained to conduct investigations, the county departments, or any other entity the state department deems appropriate. The procedures may include the use of a review team responsible to make recommendations to the state department concerning the procedures for investigating institutional abuse.

(a.5) (I) The state department shall adopt rules that specify that, prior to notice of an investigation being sent to the parents or legal guardians of children cared for at a child care center, as that term is defined in section 26-6-903 or 26.5-5-303, or a family child care home, as that term is defined in section 26.5-5-303, which children were not involved in the incident being investigated, the state department or the county department shall ensure that:

(A) The incident of alleged child abuse or neglect that prompted the investigation is at the level of a medium, severe, or fatal incident of abuse or neglect, as defined by rule of the state board, or involves sexual abuse;

(B) The state department or county department has made a determination as to whether notice to the parents or legal guardians of the uninvolved children is essential to the investigation of the specific allegation or is necessary for the safety of children cared for at the facility; and

(C) The state department or county department has stated in writing the basis for the determination and a state department or county department supervisor has provided written approval of the determination, which basis and approval may be in electronic form.

(II) The rules adopted pursuant to subparagraph (I) of this paragraph (a.5) shall require the notice of investigation to be sent to the parents or legal guardians within seventy-two hours after the determination described in sub-subparagraph (B) of subparagraph (I) of this paragraph (a.5) is made.

(b) If, as a result of an investigation conducted pursuant to rules adopted in accordance with this subsection (4.5), institutional abuse is found to have occurred, the entity that conducted such investigation may:

(I) If the institutional abuse is the result of a single act or occurrence at the facility, request that the owner, operator, or administrator of the facility formulate a plan of remedial action. Such request shall be made within a period established by the state department. Within thirty days of the agency's request, the owner, operator, or administrator of the facility shall notify the agency, in writing, of a plan for remedial action. Within ninety days of the request, the owner, operator, or administrator shall complete the plan for remedial action.

(II) If the institutional abuse is one of several similar incidents that have occurred at the facility, request that the owner, operator, or administrator of the facility make administrative, personnel, or structural changes at the facility. Such request shall be made within a period established by the state department. Within thirty days of such request, the owner, operator, or administrator of the facility shall notify the agency of the progress in complying with the request. The agency and the owner, operator, or administrator shall establish the period in which the requested changes shall be completed.

(III) If an owner, operator, or administrator of a facility does not formulate or implement a plan for remedial action in accordance with subparagraph (I) of this paragraph (b) or make requested changes in accordance with subparagraph (II) of this paragraph (b), recommend to the entity that licenses, oversees, certifies, or authorizes the operation of the facility that appropriate sanctions or actions be imposed against the facility.

(c) A teacher, employee, volunteer, or staff person of an institution who is alleged to have committed an act of child abuse shall be temporarily suspended from his position at the institution with pay, or reassigned to other duties which would remove the risk of harm to the child victim or other children under such person's custody or control, if there is reasonable cause to believe that the life or health of the victim or other children at the institution is in imminent danger due to continued contact between the alleged perpetrator and a child at the institution. A public employee suspended pursuant to this paragraph (c) shall be accorded and may exercise due process rights, including notice of the proposed suspension and an opportunity to be heard, and any other due process rights provided under the laws of this state governing public employment and under any applicable individual or group contractual agreement. A private employee suspended pursuant to this subsection (4.5) shall be accorded and may exercise due process rights provided for under the laws of this state governing private employment and under any applicable individual or group employee contractual agreement.

(d) Nothing in this subsection (4.5) shall be construed to abrogate or limit any other enforcement action provided by law.

(5) If a local law enforcement agency receives a report of a known or suspected incident of intrafamilial abuse or neglect, it shall forthwith attempt to contact the county department in order to refer the case for investigation. If the local law enforcement agency is unable to contact the county department, it shall forthwith make a complete investigation and may institute appropriate legal proceedings on behalf of the subject child or other children under the same care. As a part of an investigation pursuant to this subsection (5), the local law enforcement agency shall have access to the records and reports of child abuse or neglect maintained by the state department for information under the name of the child or the suspected perpetrator. The local law enforcement agency, upon the receipt of a report and upon completion of any investigation it may undertake, shall forthwith forward a summary of the investigatory data plus all relevant documents to the county department.

(5.3) (a) Local law enforcement agencies have the responsibility for the coordination and investigation of all reports of third-party abuse or neglect by persons ten years of age or older. Upon receipt of a report, if the local law enforcement agency reasonably believes that the protection and safety of a child is at risk due to an act or omission on the part of persons responsible for the child's care, such agency shall notify the county department of human or social services for an assessment regarding neglect or dependency. In addition, the local law enforcement agency shall refer to the county department of human or social services any report of third-party abuse or neglect in which the person allegedly responsible for such abuse or neglect is under age ten. Upon the completion of an investigation, the local law enforcement agency shall forward a copy of its investigative report to the county department of human or social services. The county department shall review the law enforcement investigative report and shall determine whether the report contains information that constitutes a case of confirmed child abuse and requires it to be submitted to the state department, which report, upon such determination, shall be submitted to the state department in the manner prescribed by the state department within sixty days after the receipt of the report by the county department.

(b) If, before an investigation is completed, the local law enforcement agency determines that social services are necessary for the child and, if applicable, the child's family or that assistance from the county department of human or social services is otherwise required, the agency may request said services or assistance from the county department. The county department shall immediately respond to a law enforcement agency's request for services or assistance in a manner deemed appropriate by the county department.

(c) When the investigation involves a suspected perpetrator who was acting in his official capacity as an employee of a school district, the local law enforcement agency shall coordinate such investigation with any concurrent abuse investigation being conducted by the department of education or the school district to the extent such coordination is possible and deemed appropriate.

(5.5) Upon the receipt of a report, if the county department reasonably believes that an incident of abuse or neglect has occurred, it shall immediately notify the local law enforcement agency responsible for investigation of violations of criminal child abuse laws. The local law enforcement agency may conduct an investigation to determine if a violation of any criminal child abuse law has occurred. It is the general assembly's intent that, in each county of the state, law enforcement agencies and the respective county departments of human or social services develop and implement cooperative agreements to coordinate duties of both agencies in connection with the investigation of all child abuse or neglect cases and that the focus of such agreements is to ensure the best protection for the child. The agreements must provide for special requests by one agency for assistance from the other agency and for joint investigations by both agencies.

(5.7) Upon initial investigation of a report alleging abuse or neglect in which the suspected perpetrator was acting in his official capacity as an employee of a school district, if the county department or the local law enforcement agency reasonably believes that an incident of abuse or neglect has occurred, it shall immediately notify the superintendent of the school district who shall consider such report to be confidential information; except that the superintendent shall notify the department of education of such investigation.

(6) (a) It is the intent of the general assembly to encourage the creation of one or more child protection teams in each county or contiguous group of counties. The creation of a child protection team in any given county is left to the discretion of the county director or the directors of a contiguous group of counties. If a county director or the directors of a contiguous group of counties decides to form a child protection team, the child protection team may be consolidated with other local advisory boards pursuant to section 24-1.7-103. If a child protection team is formed pursuant to this section in a county or contiguous group of counties, the director or directors of the county department or departments of human or social services may, at their discretion, implement the provisions of this section.

(b) If a child protection team is established pursuant to subsection (6)(a) of this section, it may review an assessment or the investigatory reports of a case, including the diagnostic, prognostic, and treatment services being offered to the family in connection with the reported abuse.

(c) At each meeting, each member of a child protection team established pursuant to subsection (6)(a) of this section may be provided with the investigatory reports on each assessment or case being considered.

(d) and (e) (Deleted by amendment, L. 91, p. 223, § 4, effective May 24, 1991.)

(f) Immediately after any executive session at which a child abuse or neglect case is discussed, a child protection team established pursuant to subsection (6)(a) of this section shall publicly review the responses of public and private agencies to each reported incident of child abuse or neglect, publicly state whether the responses were timely, adequate, and in compliance with the provisions of this part 3, and publicly report nonidentifying information relating to any inadequate responses, specifically indicating the public and private agencies involved.

(g) After this mandatory public discussion of agency responses, a child protection team established pursuant to subsection (6)(a) of this section shall go into executive session upon the vote of a majority of the child protection team members to consider identifying details of the case being discussed; discuss confidential reports, including but not limited to the reports of physicians, including psychiatrists; or, when the members of the child protection team desire, act as an advisory body concerning the details of treatment or evaluation programs. The child protection team shall state publicly, before going into executive session, its reasons for doing so. Any recommendation based on information presented in the executive session shall be discussed and formulated at the immediately succeeding public session of the child protection team, without publicly revealing identifying details of the case.

(h) At the next regularly scheduled meeting of a child protection team established pursuant to subsection (6)(a) of this section, or at the earliest possible time, the child protection team shall publicly report whether there were any lapses and inadequacies in the child protection system and if they have been corrected.

(i) A child protection team established pursuant to subsection (6)(a) of this section may make a report of its recommendations to the county department with suggestions for further action or stating that the child protection team has no recommendations or suggestions. Contiguous counties may cooperate in meeting the requirements of this subsection (6).

(7) If a county or group of contiguous counties decides to establish a child protection team pursuant to subsection (6)(a) of this section, each member of the child protection team is appointed by the agency he or she represents, and each child protection team member serves at the pleasure of his or her appointing agency; except that the county director may appoint the representatives of the lay community, including the representatives of any ethnic, racial, or linguistic minority, as well as persons with disabilities, and may actively recruit all interested individuals and consider their applications for appointment as lay-community representatives on the team.

(8) The county director or his or her designee is the local coordinator of the child protection team, if one is established pursuant to subsection (6)(a) of this section.

(9) Repealed.

(10) In the event that the local department initiates a petition in the juvenile court or the district court with juvenile jurisdiction on behalf of the child who is the subject of a report, the department shall notify, in writing, the guardian ad litem or counsel for youth appointed by the court pursuant to section 19-3-312 to represent the child's interest. Such notice must include:

(a) The reason for initiating the petition;

(b) Suggestions as to the optimum disposition of this particular case; and

(c) Suggested therapeutic treatment and social services available within the community for the subject child and the responsible person.

(11) Upon a finding that a report contains information that constitutes a case of confirmed child abuse or neglect that requires it to be submitted to the state department, the person who is found to be responsible for the abuse or neglect of a child in the confirmed report shall be given timely notice of this finding and of the right to appeal pursuant to rules established by the state board pursuant to section 19-3-313.5 (3).

(12) The state department shall include a summary and description of work of child protection teams that were implemented pursuant to this section in its annual presentation to the legislative committees during the committees' hearings held prior to the 2017 regular session under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.

(13) Upon the receipt of a report of intrafamilial abuse or neglect or human trafficking, or a report that a family may be eligible for foster care prevention services, as defined in section 26-5.4-102 (1), the county department may provide foster care prevention services for a child and the parents or kin caregivers of the child when the needs of the child are directly related to the safety, permanent placement, or well-being of the child or to prevent the child from entering the foster care system.
C.R.S. § 19-3.3-107 — CO Code / Title 19 / Article 3.3 / Section 19-3.3-107
19-3.3-107. Child protection ombudsman program fund - created - repeal
Status: repealed

19-3.3-107. Child protection ombudsman program fund - created - repeal. (Repealed)
C.R.S. § 19-4-119 — CO Code / Title 19 / Article 4 / Section 19-4-119
19-4-119. Modification of judgment or order
Status: in_force

19-4-119. Modification of judgment or order. (1) The court has continuing jurisdiction to modify or revoke a judgment or order:

(a) For future education and support; and

(b) With respect to matters listed in sections 19-4-116 (3) and (4) and 19-4-118 (2); except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity under section 19-4-116 (4) may specify that the judgment or order may not be modified or revoked.

(2) The court may modify an order of support only in accordance with the provisions of and the standard for modification in section 14-10-122, C.R.S.

(3) The trial court retains jurisdiction to modify an order concerning child support or concerning the allocation of parental rights and responsibilities based on a change in circumstances during the pendency of an appeal.
C.R.S. § 19-5-301 — CO Code / Title 19 / Article 5 / Part 3 / Section 19-5-301
19-5-301. Legislative declaration
Status: in_force

19-5-301. Legislative declaration. (1) The general assembly hereby finds and declares that adult adoptees, adoptive parents, biological parents, and biological siblings should have a right of access to certain records regarding their or their child's adoption or the adoption of their offspring or siblings as outlined in section 19-5-305 and that such a right must coexist with the right of such parties to privacy and confidentiality. The general assembly also finds that an adult adoptee, his biological or adoptive parent, or his biological sibling may desire to obtain information about each other at different points in time. Furthermore, the general assembly finds that confidentiality from the general public is essential to the adoption process and that any procedure to access information which relates to an adoption to search for unknown relatives through a confidential intermediary or a licensed child placement agency must be designed to maintain confidentiality and to respect the wishes of all involved parties.

(2) (a) It is the purpose of this part 3 to establish a confidential process whereby adult adoptees and adoptive parents who desire information concerning their or their child's adoption and biological parents and siblings who desire information concerning an adult adoptee may pursue access to such information.

(b) The general assembly further finds and declares that the purpose of establishing the confidential process set forth in this part 3 is to create a pool of individuals who the courts and interested parties may call upon to initiate a search for a biological relative. It is not the intent of the general assembly that such process shall be construed as the regulation of an occupation or profession.
C.R.S. § 19-1-125 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-125
19-1-125. Family stabilization services
Status: repealed

19-1-125. Family stabilization services. (1) It is the intent of the general assembly to assist in the provision of appropriate and necessary short-term services to help stabilize families that are at risk of having their children placed in out-of-home placement when those families voluntarily request such services. It is further the intent of the general assembly that county departments provide for family stabilization services through contracts with private or nonprofit organizations or entities whenever possible.

(2) Repealed.

(3) County departments shall use any moneys allocated pursuant to this section to provide for family stabilization services, defined by rule of the state board of human services, that may include but not be limited to:

(a) Less than twenty-four-hour respite care for parents and children;

(b) In-home services that may include kinship care and counseling; or

(c) Services that assist the family to reintegrate following a separation or out-of-home placement.
C.R.S. § 19-1-123 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-123
19-1-123. Expedited procedures for permanent placement - children under the age of six yea
Status: in_force

19-1-123. Expedited procedures for permanent placement - children under the age of six years - designated counties. (1) (a) The expedited procedures for the permanent placement of children under the age of six years required by article 3 of this title 19 must be implemented on a county-by-county basis beginning July 1, 1994. The state department of human services, in consultation with the judicial department and the governing boards of each county department of human or social services, shall have the responsibility for establishing an implementation schedule that provides for statewide implementation of such expedited procedures by June 30, 2004. A designated county is required to implement the expedited procedures on and after the implementation date applicable to the county as specified in the implementation schedule for each new case filed in the county involving a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2).

(b) (Deleted by amendment, L. 2000, p. 73, § 1, effective March 10, 2000.)

(2) (a) The implementation of expedited procedures in additional counties shall be subject to specific appropriation by the general assembly or by determination by a county that no additional resources are needed.

(b) (Deleted by amendment, L. 2004, p. 193, § 6, effective August 4, 2004.)
C.R.S. § 19-2.5-1501 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1501
19-2.5-1501. Division of youth services - created - interagency agreements - duties of admini
Status: in_force

19-2.5-1501. Division of youth services - created - interagency agreements - duties of administrators of facilities in connection with voter registration and casting of ballots - reports - definitions. (1) (a) There is created within the department of human services the division of youth services, referred to within this section as the "division", the head of which is the director of the division. The executive director of the department of human services shall appoint the director of the division pursuant to section 13 of article XII of the state constitution and the laws and rules governing the state personnel system. The director is a type 2 entity, as defined in section 24-1-105, who exercises the director's powers and performs the director's duties and functions within the office of the executive director of the department of human services in accordance with this article 2.5.

(b) The purposes of the division are to:

(I) Increase public safety by providing rehabilitative treatment to help youth in the division's care make lasting behavioral changes to prepare themselves for successful transition back to the community;

(II) Promote the physical safety of youth and staff within the division;

(III) Promote a seamless continuum of care from the time of detention or commitment to discharge, in which youths' needs are met in a safe, structured environment with well-trained, caring staff who help youth identify and address their issues, be accountable, and accept responsibility for their actions;

(IV) Enable youth to develop healthy, supportive relationships with peers, adults, family, and members of their neighborhoods and communities;

(V) Provide youth with the tools necessary to become law-abiding, contributing members of the community upon their release; and

(VI) Ensure that the state department of human services upholds the rights established pursuant to sections 19-2.5-1502.5 and 19-2.5-1511 for youth detained or committed to the care and physical custody of a facility operated by the state department of human services.

(2) The division may enter into agreements with the judicial department to combine provision of juvenile parole and probation services. Juvenile probation and parole supervision programs implemented pursuant to such agreements may not include provisions for supervision of juveniles sentenced to the department of corrections.

(3) (a) This subsection (3) applies to any individual committed to a juvenile facility and in the custody of the division who is eighteen years of age or older on the date of the next election.

(b) The administrator of a facility in which an individual described in subsection (3)(a) of this section is committed shall facilitate the voting rights of the individual. In connection with such requirements, the administrator shall provide the individual with information regarding voting rights and how to register to vote and cast a mail ballot, provide the individual with voter information materials upon the individual's request, and ensure that any mail ballot cast by the individual is timely delivered to the designated election official. Notwithstanding any other provision of law, to satisfy the requirements of this subsection (3)(b), the administrator is exempt from any restriction under law on the number of mail ballots an eligible elector may deliver in person to the designated election official.

(c) The administrator and the secretary of state shall post the type or kind of verification satisfying the requirements of section 1-1-104 (19.5)(d) in a prominent place on the public websites maintained by the department of human services and the secretary, respectively. The secretary shall provide notice to the county clerk and recorders as well as other designated election officials throughout the state that such verification constitutes an acceptable form of identification pursuant to section 1-1-104 (19.5) permitting the individuals possessing such identification to register to vote and cast a ballot.

(d) The administrator shall forward applications made pursuant to this subsection (3) on a weekly basis, or on a daily basis during the last week allowed for registration prior to any election, to the county clerk and recorder of the county in which the facility is located, and, if the applicant resides in a different county from the facility, the application must then be forwarded to the county clerk and recorder of the county in which the applicant resides.

(e) For purposes of this subsection (3), "administrator" and "voter information materials" have the same meaning as set forth in section 1-2-210.5 (5).

(4) On or before July 1, 2018, and on or before each July 1 thereafter, the department of human services shall collect recidivism data and calculate the recidivism rates and the educational outcomes for juveniles committed to the custody of the department of human services. Notwithstanding section 24-1-136 (11)(a)(I), the department of human services shall report the recidivism data, recidivism rates, and educational outcomes to the general assembly annually. The report must denote the demographic characteristics of the population considered in the report. In reporting on recidivism rates, the report must denote the types of criminal offenses committed, delineating between felonies and misdemeanors.
C.R.S. § 19-4-112 — CO Code / Title 19 / Article 4 / Section 19-4-112
19-4-112. Genetic or other tests - administrative subpoena to compel genetic testing
Status: in_force

19-4-112. Genetic or other tests - administrative subpoena to compel genetic testing. (1) Upon motion of the court or any of the interested parties, genetic tests or other tests of inherited characteristics shall be ordered and the results received in evidence, as provided in section 13-25-126. Upon agreement of the mother and the presumed or alleged father or fathers, genetic tests or other tests of inherited characteristics may be administered prior to filing of an action. If the action is then filed, the test results must be admitted into evidence as provided in section 13-25-126.

(2) (a) A delegate child support enforcement unit is authorized to produce, issue, and serve a subpoena to compel a party in a juvenile court case to appear, at a specified location and time, for a genetic test sample that is collected for assistance in paternity determination. The subpoena must allow a lab-certified child support enforcement unit sample collector, an accredited genetic-testing laboratory company, a health clinic, or a hospital to conduct a buccal swab or other lab-approved collection method of the alleged father, mother, and child whose paternity is at issue. The sample may then be used for paternity testing purposes, provided appropriate chain-of-custody documentation is followed. Test results obtained through the subpoena may be admitted as evidence pursuant to section 13-25-126. The subpoena may be served by first-class mail or by electronic means, if that notice preference by the party is documented.

(b) If a party fails to honor the first subpoena, the delegate child support enforcement unit may issue a second subpoena or file the appropriate motion with the court to compel compliance with a judicial genetic testing order pursuant to section 13-25-126. If the delegate child support enforcement unit issues a second subpoena and that subpoena is not honored, the delegate child support enforcement unit may file the appropriate motion with the court to compel compliance with a judicial genetic testing order pursuant to section 13-25-126. A nonappearance default may be sought against a nonappearing party only after a judicial genetic testing order is not honored.
C.R.S. § 19-2.5-1202 — CO Code / Title 19 / Article 2.5 / Part 12 / Section 19-2.5-1202
19-2.5-1202. Juvenile parole - organization
Status: in_force

19-2.5-1202. Juvenile parole - organization. (1) Juvenile parole services are administered by the division of youth services in the department of human services, under the direction of the director of the division of youth services, appointed pursuant to section 19-2.5-1501.

(2) The director of the division shall appoint juvenile parole officers and other personnel of the division of youth services pursuant to section 13 of article XII of the state constitution and with the consent of the department of human services. Juvenile parole officers have the powers and duties specified in section 19-2.5-1204 and the powers of peace officers, as described in sections 16-2.5-101 and 16-2.5-138.

(3) The division of youth services may divide juvenile parole supervision into regions throughout the state. Within each region there may be more than one office location for parole officers.
C.R.S. § 19-2.5-201 — CO Code / Title 19 / Article 2.5 / Part 2 / Section 19-2.5-201
19-2.5-201. Preliminary investigation
Status: in_force

19-2.5-201. Preliminary investigation. (1) Whenever it appears to a law enforcement officer or any other person that a juvenile is or appears to be within the court's jurisdiction, as provided in section 19-2.5-103, the law enforcement officer or other person may refer the matter conferring or appearing to confer jurisdiction to the district attorney, who shall determine whether the interests of the juvenile or of the community require further action.

(2) Upon the district attorney's request, the matter may be referred to any agency for an investigation and recommendation.
C.R.S. § 19-3-500.2 — CO Code / Title 19 / Article 3 / Part 5 / Section 19-3-500.2
19-3-500.2. Legislative declaration
Status: in_force

19-3-500.2. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) It is beneficial for a child who is removed from his or her home and placed in foster care to be able to continue relationships with his or her brothers and sisters, regardless of age, in order that the siblings may share their strengths and association in their everyday and often common experiences. The general assembly also finds that the initial decisions about temporary placement of a child may affect the ultimate permanent placement of the child or of the children in a sibling group.

(b) When parents and other adult relatives are no longer available to a child, the child's siblings constitute his or her biological family;

(c) When placing children in foster care, efforts should be made to place siblings together, unless there is a danger of specific harm to a child or it is not in the child's or children's best interests to be placed together. The general assembly further finds that if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, there should be a rebuttable presumption that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption should be rebuttable by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.

(2) The general assembly also declares that nothing in this article regarding the placement of sibling groups together should be construed as requiring the removal of a child from his or her home and placement into foster care if that is not in the best interests of the child.
C.R.S. § 19-1-124 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-124
19-1-124. Providers of children's services using federal or state moneys - use of state ac
Status: in_force

19-1-124. Providers of children's services using federal or state moneys - use of state accounting standards. In order to ensure financial accountability, on and after July 1, 1997, all service providers receiving federal or state moneys through the state for the provision of services to children, youth, and families pursuant to this title shall use the accounting standards of the governmental accounting standards board.