C.R.S. § 19-3-612 — CO Code / Title 19 / Article 3 / Part 6 / Section 19-3-612
19-3-612. Reinstatement of the parent-child legal relationship - circumstances - petition
Status: in_force

19-3-612. Reinstatement of the parent-child legal relationship - circumstances - petition - hearings - legislative declaration. (1) The general assembly finds that, for various reasons, some children are not adopted after the termination or voluntary relinquishment of the parent-child legal relationship and in some cases might benefit from a reinstatement of the parent-child legal relationship if the former parent has remediated the issues that led to the termination or voluntary relinquishment. The purpose of this section is to address the problem of children who linger in the child welfare system by giving them a second chance at achieving permanency with their rehabilitated former parent. The purpose of this section is to create a process by which the former parent's legal rights may be restored if certain conditions are met, both the child and the former parent want reinstatement of the relationship, a trial period is successful, and it is found to be in the best interests of the child. Reinstatement is a recognition that the situation of the former parent and child has changed since the time of the termination or voluntary relinquishment of the parent-child legal relationship, and reunification is now appropriate and in the best interests of the child.

(2) A county department with custody of a child whose parent's rights were terminated voluntarily or involuntarily, including a child whose parent relinquished the child pursuant to the requirements of article 5 of this title 19, or the guardian ad litem of such a child, may file a petition to reinstate the parent-child legal relationship alleging the following:

(a) (I) The child is twelve years of age or older; or

(II) The child is younger than twelve years of age and is part of a sibling group, as defined in section 19-1-103, that includes a child described in subsection (2)(a)(I) of this section for whom a petition to reinstate the parent-child legal relationship has been filed, and the younger sibling independently meets the conditions set forth in subsections (2)(b) to (2)(f) of this section;

(b) Both the child and the former parent consent to the petition for reinstatement of the parent-child legal relationship;

(c) The child does not have a legal parent, is not in an adoptive placement, and is not likely to be adopted within a reasonable period of time, and other permanency options have been exhausted;

(d) The child is in the legal custody of a county department;

(e) The date of the final order terminating the parent-child legal relationship was at least three years before the filing of the petition or, if the court finds that it is in the best interests of the child to consider a petition for reinstatement of the parent-child legal relationship, less than three years from the date of the final order terminating the parent-child legal relationship; and

(f) The dependency and neglect action did not involve substantiated allegations of sexual abuse or an incident of egregious abuse or neglect against a child, a near fatality, or a suspicious fatality or near fatality as those terms are defined in section 26-1-139, C.R.S.

(3) A child who is twelve years of age or older, or the child's guardian ad litem, may also file a petition to reinstate the parent-child legal relationship alleging that the conditions set forth in subsections (2)(b) to (2)(f) of this section are met.

(4) If a former parent whose rights have been terminated contacts either the county department that has custody of the child or the child's guardian ad litem about the possible reinstatement of the parent-child legal relationship through a petition filed pursuant to this section, the county department or the guardian ad litem who was contacted shall notify the other party, as applicable, and the court within thirty days after the contact with the name and address of the former parent.

(5) If a petition to reinstate the parent-child legal relationship is filed, a former parent who is named in the petition and whose rights the petition seeks to have reinstated is entitled to appointed counsel through the office of the respondent parents' counsel pursuant to article 92 of title 13 if the former parent meets the income eligibility criteria for public counsel, or the former parent may retain counsel at his or her own expense.

(6) The petition must state the name and age of the child; the county department that has legal custody of the child; and the name and address of the former parent named in the petition. The petition shall be verified, and the statements in the petition may be made upon information and belief. The party filing a petition to reinstate the parent-child legal relationship shall serve the petition on the following nonmovants:

(a) The child's guardian ad litem;

(b) The county department with legal custody of the child; and

(c) The former parent whose parent-child legal relationship the petition seeks to have reinstated.

(7) Upon receipt of the petition for reinstatement of the parent-child legal relationship, the court must set a date for an initial hearing to take place no more than sixty-three days after the filing of the petition. The court shall provide notice of all hearings and reviews to:

(a) The county department with legal custody of the child;

(b) The guardian ad litem;

(c) The former parent whose parent-child legal relationship the petition seeks to have reinstated;

(d) The foster parents, if any; and

(e) The child's tribe if the child is an Indian child.

(8) At the initial hearing and all subsequent hearings on the petition, the court shall consider information from the county department with legal custody of the child, the child, the child's guardian ad litem, the former parent, the person or agency that is providing care for the child, and any other person or agency that may aid the court in its review.

(9) At the initial hearing, the court shall consider and make findings about the following threshold conditions for pursuing a reinstatement of the parent-child legal relationship:

(a) Whether the allegations for filing the petition in paragraphs (a) to (f) of subsection (2) of this section or in subsection (3) of this section have been established by clear and convincing evidence;

(b) Whether the child is of a sufficient age and maturity and able to express his or her preference about reinstatement of the parent-child legal relationship;

(c) Whether the former parent has remedied the conditions that led to the child's removal and termination of the parent-child legal relationship, if applicable;

(d) What temporary transition services would be needed by the child and the former parent to have a successful reinstatement of the parent-child legal relationship;

(e) Whether the former parent can provide a safe and stable home for the child; and

(f) Whether the former parent has participated in an assessment that supports that the reinstatement of the parent-child legal relationship is in the best interests of the child. The state board may adopt rules defining the types of assessments that may be done to support reinstatement of the parent-child legal relationship. A previous finding of termination does not disqualify the former parent from being certified as an appropriate placement for a trial period under this section.

(10) At the conclusion of the initial hearing, the court shall either dismiss the petition because the threshold conditions for reinstatement set forth in subsection (9) of this section have not been met or enter an order finding that the threshold conditions for reinstatement set forth in subsection (9) of this section have been met and that it is in the best interests of the child or youth to work toward reinstatement of the parent-child legal relationship. If the court finds that it is in the best interests of the child or youth to pursue reinstatement of the parent-child legal relationship, the court must approve a transition plan developed by the county department and designed for reinstatement of the parent-child legal relationship, including family time or placement of the child or youth with the former parent for a designated trial period of up to six months, during which time legal custody of the child or youth remains with the county department. As part of the transition plan, the county department shall provide transition services, as needed. The county department shall assess the family time or temporary placement of the child or youth with the former parent and prepare a report about the success of the family time or temporary placement. The county department shall submit the report to the court, the former parent, and the guardian ad litem not later than thirty days prior to the expiration of the designated trial period. The county department may stop the family time or remove the child or youth from placement with the former parent at any time, in accordance with the procedures outlined in sections 19-3-401 and 19-3-403, if it deems that the child or youth is not safe or that it is no longer in the best interests of the child or youth for the child or youth to remain with the former parent.

(11) (a) The court shall schedule a final hearing prior to the expiration of the designated trial period. At the final hearing, the court shall consider the following:

(I) Whether the threshold criteria for reinstatement of the parent-child legal relationship set forth in subsection (9) of this section are still met;

(II) Whether the trial period of family time or placement of the child or youth with the former parent was successful;

(III) Whether the child will lose or gain any benefits or services as a result of reinstatement and how this might affect the child; and

(IV) Whether reinstatement of the parent-child legal relationship is in the best interests of the child.

(b) The court shall make findings supporting the disposition of the petition for reinstatement. The court may make the following orders:

(I) The court may grant the petition and order the reinstatement of the parent-child legal relationship if the court finds by clear and convincing evidence that it is in the best interests of the child to reinstate the parent-child legal relationship; or

(II) The court may dismiss the petition, in which case:

(A) The county department retains the legal custody of the child; and

(B) The county department shall arrange for the immediate placement of the child in out-of-home placement; and

(C) The court shall set a hearing to determine the permanency plan in accordance with section 19-3-702; or

(III) The court may continue the matter for no more than sixty days and may issue an order requiring the former parent or the county department to take certain actions before the next hearing; except that the court shall either dismiss or grant a motion for reinstatement of the parent-child legal relationship within twelve months after the date the petition for reinstatement was filed.

(12) An order reinstating the parent-child legal relationship restores all rights, powers, privileges, immunities, duties, and obligations of the former parent as to the child, including those relating to custody, control, and support of the child. If the parent-child legal relationship is reinstated, the court may require periodic review within ninety days after reinstatement.

(13) The granting of a petition for reinstatement of the parent-child legal relationship does not vacate or otherwise affect the validity of the original order terminating the parent-child legal relationship.

(14) The granting of a petition for reinstatement of the parent-child legal relationship for one former parent does not restore or otherwise impact the rights or legal status of the other former parent.

(15) A parent whose parent-child legal relationship is restored pursuant to this section is not liable for child support or the costs of any services provided to the child from the date of the original order terminating the parent-child legal relationship to the date of the order reinstating the parent-child legal relationship.

(16) This section does not create a cause of action against the county department or its employees concerning the original order terminating the parent-child legal relationship. Nothing in this section shall be construed to limit or alter the protections granted to public entities and to their employees under the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.
C.R.S. § 19-2.5-1108 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1108
19-2.5-1108. Probation - terms - release - revocation - graduated responses system - rules -
Status: repealed

19-2.5-1108. Probation - terms - release - revocation - graduated responses system - rules - report - definition. (1) (a) The terms and conditions of probation must be specified by rules or orders of the court. The court, as a condition of probation for a juvenile who is ten years of age or older but less than eighteen years of age on the date of the sentencing hearing, may impose a commitment or detention. The aggregate length of any such commitment or detention, whether continuous or at designated intervals, must not exceed forty-five days; except that such limit does not apply to any placement out of the home through a county department of human or social services. Each juvenile placed on probation must be given a written statement of the terms and conditions of the juvenile's probation and have the terms and conditions fully explained.

(b) The court, as a condition of probation for a youth eighteen years of age or older at the time of sentencing for delinquent acts committed prior to the youth's eighteenth birthday, may impose as a condition of probation a sentence to the county jail that must not exceed ninety days; except that the sentence may be for a period of up to one hundred eighty days if the court orders the youth released for school attendance, job training, or employment.

(2) (a) Conditions of probation must be customized to each juvenile based on the guidelines developed by the committee on juvenile justice reform pursuant to section 24-33.5-2402, as it existed prior to its repeal in 2022. The court shall, as minimum conditions of probation, order that the juvenile:

(I) Not violate any federal or state statutes, municipal ordinances, or orders of the court;

(II) Not use or possess a firearm, a dangerous or illegal weapon, or an explosive or incendiary device, unless granted written permission by the court or probation officer;

(III) Meet with a probation officer at reasonable times as directed by the court or probation officer. Unless inconsistent with other conditions imposed by the court, the court shall allow a juvenile under the probation officer's supervision to meet with the probation officer at reasonable times through a telephone call or audio-visual communication technology. Unless inconsistent with other conditions imposed by the court, in directing that a juvenile meet with a probation officer at reasonable times, the court or the probation officer shall schedule, in good faith, meetings with the juvenile on probation at mutually agreeable times that do not conflict with the juvenile's essential obligations, including work, education, job training, dependent care, medical appointments, and other probation requirements.

(IV) Permit the probation officer to visit the juvenile at reasonable times at the juvenile's home or elsewhere;

(V) Remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation officer;

(VI) Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment;

(VII) Make restitution as ordered by the court; and

(VIII) and (IX) Repealed.

(X) May be evaluated to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile's probation program; except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior, as defined in section 16-22-102 (9); a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1); stalking, as defined in section 18-3-602; or violation of a protection order, as defined in section 18-6-803.5.

(b) The court shall use the results from a validated risk and needs assessment adopted by the committee on juvenile justice reform pursuant to section 24-33.5-2402, as it existed prior to its repeal in 2022, to inform the court of additional conditions of probation, as necessary.

(3) (a) The court may periodically review the terms and conditions of probation and the progress of each juvenile placed on probation. Counsel for the juvenile does not have to be present at any probation review hearing unless notified by the court that a petition to revoke probation has been filed.

(b) The court may release a juvenile from probation prior to the completion of the juvenile's term of probation, pursuant to this section, or modify the terms and conditions of the juvenile's probation at any time, but a juvenile who has complied satisfactorily with the terms and conditions of the juvenile's probation for a period of two years must be released from probation and the jurisdiction of the court terminated.

(4) Before January 1, 2021, the state court administrator shall establish rules to develop a statewide system of structured community-based graduated responses, including incentives and sanctions, to guide probation officers in determining how best to motivate positive juvenile behavior change and the appropriate response to a violation of terms and conditions of juvenile probation. "Graduated responses" means an accountability-based series of sanctions and services designed to respond to a juvenile's violation of probation quickly, consistently, and proportionally and incentives to motivate positive behavior change and successful completion of probation and treatment goals. Juvenile probation shall adopt and use a state juvenile graduated responses and incentives system developed pursuant to this subsection (4) or develop and use a locally developed system that is aligned to best practices. Policies and procedures for the graduated responses system must:

(a) Include incentives that encourage the completion of treatment milestones as well as compliance with the terms and conditions of a juvenile's probation and that reward behavior aligned with the expectations of supervision and the juvenile's case plan; and

(b) Require that a response to a juvenile's violation of the terms and conditions of the juvenile's supervision take into consideration:

(I) The juvenile's risk to reoffend, as determined by the results of a validated risk and needs assessment;

(II) The previous history of violations and the underlying cause of the juvenile's behavior leading to the violation;

(III) The severity of the current violation;

(IV) The juvenile's case plan; and

(V) The juvenile's previous responses to past violations.

(5) Whenever a probation office has reasonable cause to believe that a juvenile has committed a violation of the terms and conditions of probation and that graduated responses developed pursuant to subsection (4) of this section have previously been applied, or when the nature of the violation poses a substantial risk of serious harm to others, the probation officer, following the approval of the chief probation officer or the chief's designee, shall petition the court for revocation and shall file written information with the court concerning the juvenile's violation behavior history and the responses applied using the graduated response system developed pursuant to subsection (4) of this section.

(6) Unless there is reason to believe that a juvenile would not appear, would interfere with the juvenile justice process, or poses substantial risk of serious harm to others, the probation officer shall issue a summons, or other method approved by local court rule, rather than a warrant when filing a petition for revocation.

(7) The state court administrator shall collect data related to the use of the graduated responses and incentives system developed pursuant to subsection (4) of this section and report the data annually to the judiciary committees of the senate and 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, and the chief justice of the Colorado supreme court. Notwithstanding section 24-1-136 (11)(a)(I), the reports to the committees continue indefinitely. Data collected by the state court administrator must include, at a minimum, the types of responses and incentives that were issued, the number of formal violations filed, and the behavior resulting in the violation.

(8) (a) When it is alleged that a juvenile has violated the terms and conditions of probation, and graduated responses have been imposed and exhausted, pursuant to subsection (5) of this section, the court shall set a hearing on the alleged violation and shall give notice to the juvenile and the juvenile's parents, guardian, or other legal custodian and any other parties to the proceeding as provided in section 19-2.5-501.

(b) The juvenile and the juvenile's parents, guardian, or other legal custodian must be given a written statement concerning the alleged violation, and have the right to be represented by counsel at the hearing, and are entitled to the issuance of compulsory process for the attendance of witnesses.

(c) When the juvenile has been taken into custody because of the alleged violation, sections 19-2.5-303, 19-2.5-304, and 19-2.5-305 apply.

(d) (I) The hearing on the alleged violation must be conducted pursuant to section 19-1-106.

(II) Pursuant to section 19-2.5-1103, if the court finds that the juvenile violated the terms and conditions of probation, it may modify the terms and conditions of probation, revoke probation, or take such other action permitted by this article 2.5 that is in the best interest of the juvenile and the public.

(III) If the court finds that the juvenile did not violate the terms and conditions of probation as alleged, it shall dismiss the proceedings and continue the juvenile on probation under the terms and conditions previously prescribed.

(e) If the court revokes the probation of a person eighteen years of age or older, in addition to other action permitted by this article 2.5, the court may sentence the person to the county jail for a period not to exceed one hundred eighty days, during which time the person may be released during the day for school attendance, job training, or employment, as ordered by the court; except that, if the sentence imposed exceeds ninety days, the court shall order the person released for school attendance, job training, or employment while serving the sentence.

(9) Following specification of the terms and conditions of probation, where the conditions of probation include requiring the juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of the requirement.
C.R.S. § 19-5-107 — CO Code / Title 19 / Article 5 / Part 1 / Section 19-5-107
19-5-107. When notice of relinquishment proceedings required
Status: repealed

19-5-107. When notice of relinquishment proceedings required. (Repealed)
C.R.S. § 19-2.5-1103 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1103
19-2.5-1103. Sentencing schedule - options
Status: repealed

19-2.5-1103. Sentencing schedule - options. (1) Upon completion of the sentencing hearing pursuant to section 19-2.5-1102, the court shall enter a decree of sentence or commitment imposing any of the following sentences or combination of sentences, as appropriate:

(a) Commitment to the department of human services pursuant to section 19-2.5-1117;

(b) Confinement in the county jail or in community corrections pursuant to section 19-2.5-1118;

(c) Detention pursuant to section 19-2.5-1123;

(d) Placement of legal custody of the juvenile with a relative or other suitable person pursuant to section 19-2.5-1112;

(e) Probation pursuant to section 19-2.5-1106;

(f) Commitment to the community accountability program pursuant to section 19-2.5-1111;

(g) Placement of legal custody of the juvenile in the county department of human or social services or a child placement agency pursuant to section 19-2.5-1115;

(h) Placement of the juvenile in a hospital or other suitable facility for receipt of special care pursuant to section 19-2.5-1114;

(i) Imposition of a fine pursuant to section 19-2.5-1105;

(j) Ordering the juvenile to pay restitution pursuant to section 19-2.5-1104;

(k) Ordering the juvenile to complete an anger management treatment program or any other appropriate treatment program pursuant to section 19-2.5-1122;

(l) Participation in an evaluation to determine whether the juvenile would be suitable for restorative justice practices that would be a part of the juvenile's sentence; except that the court may not order participation in restorative justice practices if the juvenile was adjudicated a delinquent for unlawful sexual behavior, as defined in section 16-22-102 (9); a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1); stalking, as defined in section 18-3-602; or violation of a protection order, as defined in section 18-6-803.5. If the court orders participation in restorative justice practices, the facilitator shall provide these services for a fee of no more than one hundred twenty-five dollars based on a sliding scale consistent with guidelines used to determine eligibility for appointment of counsel. The court shall not include payment of this fee as part of any court order. Nothing in this subsection (1)(l) requires a victim to participate in a restorative justice victim-offender conference.

(2) The judge shall sentence any juvenile adjudicated as a special offender pursuant to section 19-2.5-1126.

(3) Any sentence imposed on a juvenile pursuant to this section may include the juvenile's parent or guardian pursuant to section 19-2.5-1110.

(4) If, as a condition of or in connection with any sentence imposed pursuant to this section, the court requires a juvenile to attend school, the court shall notify the school district in which the juvenile is enrolled of such requirement.

(5) (a) Except as otherwise set forth in section 19-2.5-1127 for an aggravated juvenile offender, if the court finds that placement out of the home is necessary and is in the best interests of the juvenile and the community, the court shall place the juvenile, following the criteria established pursuant to section 19-2.5-1404, in the facility or setting that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. In making its decision as to proper placement, the court shall utilize the evaluation for placement prepared pursuant to section 19-1-107 or the evaluation for placement required by section 19-1-115 (8)(e). Any placement recommendation in the evaluation prepared by the county department of human or social services must be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. A recommendation prepared by the county department of human or social services must set forth specific facts and reasons for the placement recommendation. If the evaluation for placement recommends placement in a facility located in Colorado that can provide appropriate treatment and that will accept the juvenile, then the court shall not place the juvenile in a facility outside this state. If the court places the juvenile in a facility located in Colorado other than one recommended by the evaluation for placement, in a facility located outside this state in accordance with the evaluation for placement, or in a facility in which the average monthly cost exceeds the amount established by the general assembly in the general appropriation bill, it shall make specific findings of fact, including the monthly cost of the facility in which the juvenile is placed, relating to its placement decision. A copy of the findings must be sent to the chief justice of the supreme court, who shall, notwithstanding section 24-1-136 (11)(a)(I), report monthly to the joint budget committee and annually to the house and senate committees on health and human services, or any successor committees, on such placements. If the court commits the juvenile to the state department of human services, it shall not make a specific placement, nor is this subsection (5) relating to specific findings of fact applicable.

(b) If the court sentences a juvenile to an out-of-home placement funded by the state department of human services or any county, or commits a juvenile to the state department of human services, and the receiving agency determines that the placement or commitment does not follow the criteria established pursuant to section 19-2.5-1404, including the placement recommended by the receiving agency, the receiving agency may, after assessing the juvenile's needs, file a petition with the court for reconsideration of the placement or commitment. The petition must be filed not later than thirty-five days after the placement or commitment. The court shall hear the petition and enter an order thereon not later than thirty-five days after the filing of the petition, and after notice to all agencies or departments that might be affected by the resolution of the petition, and after all such agencies or departments have had an opportunity to participate in the hearing on the petition. Failure of any such agency or department to appear may be a basis for refusal to accept a subsequent petition by the agency or department that had an opportunity to appear and be present at the original petition hearing. The notification to the parties required pursuant to this subsection (5)(b) must be made by the petitioning party, and proof of the service must be filed with the court. If the court sentences a juvenile to an out-of-home placement funded by the county department of human or social services, temporary legal custody of the juvenile must be placed with the county department of human or social services, and the placement recommended by the county department must be accorded great weight as the placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community. Any deviation from the recommendation must be supported by specific findings on the record of the case detailing the specific extraordinary circumstances that constitute the reasons for deviations from the placement recommendation of the county department of human or social services.

(6) Repealed.

(7) The juvenile court in each judicial district may implement a behavioral or mental health disorder screening program to screen juveniles sentenced pursuant to this part 11. If the juvenile court chooses to implement a behavioral or mental health disorder screening program, the juvenile court shall use the standardized behavioral or mental health disorder screening developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to section 16-11.9-102.
C.R.S. § 19-4-105 — CO Code / Title 19 / Article 4 / Section 19-4-105
19-4-105. Presumption of paternity
Status: in_force

19-4-105. Presumption of paternity. (1) A person is presumed to be the natural parent of a child if:

(a) The person and the parent who gave birth to the child are or have been married to each other or are in a civil union pursuant to article 15 of title 14, and the child is born during the marriage or civil union, within three hundred days after the marriage or civil union is terminated by death, annulment, declaration of invalidity of marriage or civil union, dissolution of marriage or civil union, or divorce, or after a decree of legal separation is entered by a court;

(b) Before the child's birth, the person and the parent who gave birth to the child have attempted to marry each other by a marriage solemnized in apparent compliance with law or attempted to enter into a civil union in apparent compliance with law, although the attempted marriage or civil union is or could be declared invalid, and:

(I) If the attempted marriage or civil union could be declared invalid only by a court, the child is born during the attempted marriage or civil union or within three hundred days after its termination by death, annulment, declaration of invalidity of marriage or civil union, dissolution of marriage or civil union, or divorce; or

(II) If the attempted marriage or civil union is invalid without a court order, the child is born within three hundred days after the termination of cohabitation;

(c) After the child's birth, the person and the parent who gave birth to the child have married or entered into a civil union, or attempted to marry each other by a marriage solemnized in apparent compliance with law or enter into a civil union in apparent compliance with law, although the attempted marriage or civil union is or could be declared invalid, and:

(I) The person has asserted parentage of the child in writing filed with the court or registrar of vital statistics, if such acknowledgment has not previously become a legal finding pursuant to subsection (2)(a.5) of this section;

(II) With the person's consent, the person is named as the child's parent on the child's birth certificate; or

(III) The person is obligated to support the child under a written voluntary promise or by court order or by an administrative order issued pursuant to section 26-13.5-110;

(d) While the child is under the age of majority, the person receives the child into the person's home and openly holds out the child as the person's natural child;

(e) (Deleted by amendment, L. 2022.)

(f) The genetic tests or other tests of inherited characteristics have been administered pursuant to section 13-25-126, and the results show that the alleged genetic parent is not excluded as the probable genetic parent and that the probability of the person's genetic parentage is ninety-seven percent or higher. This subsection (1)(f) does not apply to a donor as defined in section 19-1-103.

(2) (a) A presumption of parentage pursuant to subsection (1) of this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more conflicting presumptions arise, the presumption that, on the facts, is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing parentage of the child by another person other than the parent who gave birth. In determining which of two or more conflicting presumptions controls, based upon the weightier considerations of policy and logic, the judge or magistrate shall consider all pertinent factors, including but not limited to the following:

(I) The length of time between the proceeding to determine parentage and the time that the presumed parent was placed on notice that the presumed parent might not be the genetic parent, unless the child was conceived through an assisted reproductive procedure;

(II) The length of time during which the presumed parent has assumed the role of the child's parent;

(III) The facts surrounding the presumed parent's discovery of the possibility that the presumed parent was not a genetic parent, unless the child was conceived through an assisted reproductive procedure;

(IV) The nature of the existing parent-child relationship;

(V) The child's age;

(VI) The child's relationship to any presumed parent or parents;

(VII) The extent to which the passage of time reduces the chances of establishing another person's parentage and a child support obligation in favor of the child; and

(VIII) Any other factors that may affect the equities arising from the disruption of the parent-child relationship between the child and the presumed parent or parents or the chance of other harm to the child.

(a.5) (I) A person and the parent who gave birth to the child may sign a voluntary acknowledgment of parentage to establish the parentage of the child. A voluntary acknowledgment of parentage may be signed by a parent who gave birth to the child and either:

(A) Another person who is or believes themselves to be a genetic parent; or

(B) Another person who is an intended parent of a child conceived through an assisted reproductive procedure.

(II) A married person or person in a civil union who gives birth to a child may only sign a voluntary acknowledgment of parentage with a person who is not the married person's spouse or civil union partner if the spouse or civil union partner signs a denial of parentage.

(b) A duly executed voluntary acknowledgment of parentage takes effect upon the filing of the document with the state registrar of vital statistics and may be rescinded within the earlier of:

(I) Sixty days after execution of such acknowledgment; or

(II) On the date of any administrative or judicial proceeding pursuant to this article or any administrative or judicial proceeding concerning the support of a child to which the signatory is a party.

(c) An acknowledgment of parentage may be challenged in court only on the basis of fraud, duress, or mistake of material fact, with the burden of proof upon the challenger. Any legal responsibilities resulting from signing an acknowledgment of parentage, including child support obligations, continue during any challenge to the finding of parentage, except for good cause shown.

(d) Except as otherwise provided in subsections (2)(b) and (2)(c) of this section, a voluntary acknowledgment of parentage that complies with this section and section 25-2-112, and is filed with the state registrar of vital statistics, is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. The court shall give full faith and credit to a voluntary acknowledgment of parentage that is effective in another state, including a federally recognized Indian tribe, if the acknowledgment was in a signed record and otherwise complies with the laws of the other state or federally recognized Indian tribe.
C.R.S. § 19-3-501 — CO Code / Title 19 / Article 3 / Part 5 / Section 19-3-501
19-3-501. Petition initiation - preliminary investigation - informal adjustment
Status: in_force

19-3-501. Petition initiation - preliminary investigation - informal adjustment. (1) Whenever it appears to a law enforcement officer or other person that a child is or appears to be within the court's jurisdiction, as provided in this article 3, the law enforcement officer or other person may refer the matter to the court, which shall make a preliminary investigation to determine whether the interests of the child or of the community require that further action be taken. The probation department, county department of human or social services, or any other agency designated by the court shall make the investigation. On the basis of the preliminary investigation, the court may:

(a) Decide that no further action is required, either in the interests of the public or of the child;

(b) Authorize a petition to be filed; or

(c) (I) Make whatever informal adjustment is practicable without a petition if:

(A) The child and his parents, guardian, or other legal custodian were informed of their constitutional and legal rights, including being represented by counsel at every stage of the proceedings;

(B) The facts are admitted and establish prima facie jurisdiction; except that such admission shall not be used in evidence if a petition is filed; and

(C) Written consent is obtained from the parents, guardian, or other legal custodian and also from the child, if of sufficient age and understanding.

(II) Efforts to effect informal adjustment may extend no longer than six months.

(2) (a) Upon receipt of a report filed by a law enforcement agency, or any other person required to report pursuant to section 19-3-304 (2) indicating that a child has suffered abuse as defined in section 19-1-103 (1) and that the best interests of the child require that he be protected from risk of further such abuse, the court shall then authorize and may order the filing of a petition.

(b) Upon receipt of a report, as described in paragraph (a) of this subsection (2), from any person other than those specified in said paragraph (a), the court, after such investigation as may be reasonable under the circumstances, may authorize and may order the filing of a petition.
C.R.S. § 19-1-129 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-129
19-1-129. Department - research authorized - prenatal substance exposure - newborn and fam
Status: in_force

19-1-129. Department - research authorized - prenatal substance exposure - newborn and family outcomes - report. (1) The state department of human services may conduct research as related to the definition of "abuse" in section 19-1-103 concerning the incidence of prenatal substance exposure and related newborn and family health and human services outcomes as the result of a mother's lawful and unlawful intake of controlled substances.

(2) Beginning in January 2021 and every two years thereafter, the state department of human services shall report the outcomes of any research conducted pursuant to subsection (1) of this section to the joint health committees of the general assembly as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203.
C.R.S. § 19-2.5-1106 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1106
19-2.5-1106. Sentencing - probation - supervised community service or work program
Status: in_force

19-2.5-1106. Sentencing - probation - supervised community service or work program. (1) Except as otherwise provided in section 19-2.5-1127 for an aggravated juvenile offender:

(a) The court may place the juvenile on probation or under protective supervision in the legal custody of one or both of the juvenile's parents or guardian under such conditions as the court may impose;

(b) The court may place the juvenile on probation and place the juvenile in the juvenile intensive supervision program created pursuant to section 19-2.5-1409;

(c) The court may require as a condition of probation that the juvenile report for assignment to a supervised work program, place the juvenile in a child care facility that provides a supervised work program, or require that the juvenile's custodial parent or guardian assist the juvenile in participating in a supervised work program, if:

(I) The juvenile is not deprived of the schooling that is appropriate to the juvenile's age, needs, and specific rehabilitative goals;

(II) The supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the juvenile's age level and physical ability, and is combined with counseling from a juvenile probation officer or other guidance personnel; and

(III) The supervised work program assignment is made for a period of time consistent with the juvenile's best interest, but not exceeding one hundred eighty days.

(2) Except as set forth in subsection (1) of this section, as a condition of a deferral of adjudication or of probation, in conjunction with other dispositional orders, or otherwise, the court may order the juvenile to participate in a supervised community service or community work program if the court finds that the program will promote the purposes of this title 19 as set forth in section 19-1-102.

(3) Participation by the juvenile, or by both the juvenile and the juvenile's parent or guardian, in a community service or work program may be ordered in addition to or in conjunction with an order to pay restitution pursuant to section 19-2.5-1104 or 19-2.5-1110.

(4) With the written consent of the victim of the juvenile's delinquent act, the juvenile, or both the juvenile and the custodial parent, the juvenile's parent who has parental responsibilities, or the juvenile's guardian may be ordered to perform work for the victim.

(5) Any order issued by the court pursuant to this section must be structured to allow the juvenile to continue regular school attendance and any employment, if appropriate, and must be suitable to the juvenile's age and abilities. The amount of community service or work ordered must be reasonably related to the seriousness of the juvenile's delinquent act.

(6) The court may order any agency or person supervising a juvenile in a community service or work program to advise the court concerning the juvenile's participation in the program in such manner as the court requires.

(7) The court may order, as a condition of probation, that the juvenile be placed out of the home in a residential child care facility providing a supervised work program or that the juvenile in such facility report to a supervised work program if the court finds the following:

(a) That the juvenile will not be deprived of the education that is appropriate to the juvenile's age, needs, and specific rehabilitative goals;

(b) That the supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the juvenile's age level and physical ability, and is combined with counseling from a probation officer or other guidance personnel; and

(c) That the supervised work program assignment is made for a period of time consistent with the juvenile's best interest but not exceeding one hundred eighty days.

(8) The probation department of the court is responsible for establishing and identifying suitable work programs and assignments. Boards of county commissioners, county sheriffs, and political subdivisions shall cooperate to establish work programs. The cooperation of suitable nonprofit organizations and other entities may be sought to establish suitable work programs.

(9) For purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, "public employee" does not include any juvenile who is ordered to participate in a work or community service program pursuant to this section.

(10) A governmental entity or cooperating nonprofit organization is not liable pursuant to the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, or pursuant to the "Colorado Employment Security Act", articles 70 to 82 of title 8, for any benefits on account of any juvenile who is ordered to participate in a work or community service program pursuant to this section, but nothing in this subsection (10) prohibits a governmental entity or cooperating nonprofit organization from electing to accept the provisions of the "Workers' Compensation Act of Colorado" by purchasing and keeping in force a policy of workers' compensation insurance covering the person.

(11) A general public liability insurance policy obtained to cover juveniles performing work or community service pursuant to this section and to provide coverage for injuries caused to or by juveniles performing work or community service pursuant to this section must be in a sum of not less than the current limit on government liability under the "Colorado Governmental Immunity Act", article 10 of title 24.
C.R.S. § 19-5-207.5 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-207.5
19-5-207.5. Legislative declaration - standardized home studies - adoptive family resource r
Status: in_force

19-5-207.5. Legislative declaration - standardized home studies - adoptive family resource registry - rules. (1) Legislative declaration. (a) (I) The general assembly finds that there are a growing number of children in the legal custody of the county departments of human or social services who are the victims of physical or sexual abuse, neglect, or abandonment and who are awaiting permanent placement in safe, loving, and nurturing adoptive homes. The general assembly further finds that with the expedited permanency procedures that have been established and with the enactment of legislation implementing the federal "Adoption and Safe Families Act of 1997", Pub.L. 105-89, it is anticipated that the number of children available for adoption will continue to increase dramatically and that there will be a corresponding increased need to identify statewide those families that are willing and qualified to adopt these needy children.

(II) The general assembly finds that, although the county departments of human or social services have made admirable efforts in assessing and reporting on the qualifications of families interested in adopting, there is a need to make the valuable resource of such qualified families more available and accessible to all counties in the state in order to satisfy the growing need for suitable adoptive families.

(b) Accordingly, the general assembly determines that it is appropriate and desirable for the state department to aid the county departments of human or social services in their efforts to achieve permanency for children in their legal custody who are available for adoption by making accessible to such county departments a statewide adoptive family resource registry of families who are qualified for and desirous of adopting children with special needs. Toward that end, the general assembly further determines that it would be beneficial to such children and families for the state department to develop an approved vendor list of qualified home study providers by region, standardized investigation criteria, and minimum uniform adoptive home study report standards in order to achieve more timely adoptive placements, to reduce the burden associated with the adoption process, and to avert the possibility of failed adoptions.

(2) Approved vendor lists for home studies. (a) In order to achieve greater access to qualified families seeking to adopt children, to expedite permanency placement for children available for adoption, and to obtain reliable, high-quality assessments of families that can result in permanent and healthy placements, the state department shall develop an approved vendor list of county departments, individuals, and child placement agencies qualified to prepare the home study reports in public adoptions as required by section 19-5-207 (2).

(b) (I) On or before January 1, 2000, the state department shall issue a public request for applications from county departments of human or social services, individuals, and child placement agencies desirous of conducting investigations and preparing written home study reports for prospective public adoptions in specified counties or geographic regions. The state department shall review the applications it receives and shall determine which applicants meet the qualifying criteria identified by the state board of human services pursuant to subsection (2)(b)(II) of this section. Each county department of human or social services, individual, or child placement agency that meets the qualifying criteria must be placed on the approved vendor list of home study report providers.

(II) The state board of human services shall promulgate rules identifying the qualifying criteria that county departments of human or social services, individuals, and child placement agencies must meet in order to qualify as an approved vendor pursuant to this subsection (2)(b) for the purpose of conducting adoptive investigations and preparing home study reports. All county departments of human or social services, qualified individuals, and child placement agencies that submit applications to the state department and that meet the qualifying criteria must be selected to perform home studies and, once such county departments, individuals, or agencies have been approved by the state department pursuant to this subsection (2)(b), they shall be available to perform home studies in the specified county or region.

(c) All qualified county departments of human or social services, individuals, and child placement agencies approved by the state department to conduct home studies pursuant to subsection (2)(b) of this section shall prepare their home study reports in compliance with the minimum uniform standards prescribed by rule of the state board as described in subsection (3) of this section and any other additional criteria and standards established by a particular county pursuant to subsection (3)(b) of this section.

(d) Each qualified county department of human or social services, individual, or child placement agency approved by the state department may promote the adoption of available children through a public information campaign directed at educating and informing the public about the need for safe and healthy adoptive families. Regional educational campaigns are encouraged.

(e) All qualified county departments of human or social services, individuals, and child placement agencies approved by the state department pursuant to this subsection (2) may participate in the statewide training provided by the state department.

(3) Standards for home studies. (a) The state board of human services shall promulgate rules identifying the criteria for the investigation and the minimum uniform standards for the home study reports with which the qualified county departments of human or social services, individuals, or child placement agencies approved by the state department must comply. The criteria must include, but are not limited to:

(I) The quality standards that the county department of human or social services, the individual, or the child placement agency must achieve;

(II) The time frames within which the county department of human or social services, the individual, or the child placement agency must complete the investigations and home study reports; and

(III) The capacity of the county department of human or social services, the individual, or the child placement agency to assess the abilities of prospective adoptive families to meet the needs of a child with special needs.

(b) Nothing in this section prohibits a county department of human or social services from establishing additional criteria and standards that a county department of human or social services, an individual, or a child placement agency must meet in preparing a home study report.

(4) Fees for investigations and home studies. (a) (I) Any person who, by his or her own request or by order of the court as provided in section 19-5-209, is the subject of a home study report and investigation conducted pursuant to section 19-5-207 by a county department of human or social services, an individual, or a child placement agency is required to pay, based on an ability to pay, the cost of such report and investigation.

(II) In public adoptions, the state board of human services shall promulgate rules establishing the maximum amount that a county department of human or social services, an individual, or a child placement agency may charge a prospective adoptive family for the investigation, fingerprint-based criminal history record checks, and home study report required pursuant to section 19-5-207.

(III) The county department of human or social services may waive the fee established pursuant to this subsection (4) if the fee poses a barrier to the adoption of a child for whom a county department of human or social services has financial responsibility.

(b) (I) In addition to the fee specified in subsection (4)(a) of this section, if the county department of human or social services has not placed a child available for a public adoption with a family who is the subject of an investigation and home study report after six months, then the county shall refer the family and the home study report for such family to the adoptive family resource registry established pursuant to subsection (5) of this section if there is written consent pursuant to subsection (5)(c)(I) of this section. Prior to referral of a prospective adoptive family to the adoptive family resource registry, the prospective adoptive family must be assessed and shall pay a nonrefundable administrative fee in an amount to be determined by rule of the state board of human services. A family must not be assessed the fee described in this subsection (4)(b) if the family is not referred to the adoptive family resource registry.

(II) The department or the contractor selected by the department to administer the adoptive family resource registry shall collect the administrative fee established by rule of the state board of human services pursuant to subparagraph (I) of this paragraph (b) and apply the revenue from said fees to offset the costs incurred for the administration of the adoptive family resource registry.

(III) Nothing in this paragraph (b) shall be construed to prevent a county from referring a family to the adoptive family resource registry before the six month period has lapsed.

(5) Adoptive family resource registry. (a) Subject to available funds as specified in subsection (5)(b)(III) of this section, the state department shall establish a statewide adoptive family resource registry that county departments of human or social services may access to determine the availability of qualified families seeking to adopt a child in the custody of a county department of human or social services. The state department is authorized to contract with a public or private entity for the provision of this service.

(b) (I) The executive director of the department is authorized to accept and expend on behalf of the state any funds, grants, gifts, or donations from any private or public source for the purpose of establishing the statewide adoptive family resource registry; except that no gift, grant, or donation shall be accepted if the conditions attached thereto require the expenditure thereof in a manner contrary to law.

(II) The executive director of the department is authorized to apply for a federal waiver, if necessary, to authorize the use of federal grant moneys to implement this section.

(III) No general fund moneys shall be expended for the establishment of the adoptive family resource registry. The adoptive family resource registry shall be established only upon the receipt of sufficient grants, gifts, and donations pursuant to subparagraph (I) of this paragraph (b).

(c) (I) No home study report, or any other information concerning a person interested in a public adoption shall be submitted to the adoptive family resource registry without such person's written consent.

(II) The state board of human services shall promulgate rules specifying the limited amount of nonidentifying data concerning a person interested in a public adoption that is available to county departments of human or social services on the internet through the adoptive family resource registry.

(III) The state board of human services shall promulgate rules identifying the standards and procedures with which the department or the contractor selected by the department to administer the adoptive family resource registry shall comply in order to preserve the confidentiality and privacy of the prospective adoptive family as much as possible.
C.R.S. § 19-3.3-111 — CO Code / Title 19 / Article 3.3 / Section 19-3.3-111
19-3.3-111. Task force to prevent youth from running from out-of-home placement - creation -
Status: repealed

19-3.3-111. Task force to prevent youth from running from out-of-home placement - creation - membership - duties - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

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

(b) "Children who have run away" means a child who has left and remains away from out-of-home placement without the permission of the child's parent, caregiver, or legal guardian.

(c) "Institution of higher education" means a postsecondary institution that enters into an agreement with the child protection ombudsman to perform research and conduct focus groups.

(d) "Out-of-home placement" means placement in a residential child care facility or foster care home, as each is defined in section 26-6-903.

(e) "Out-of-home placement provider" or "provider" includes a licensed out-of-home placement provider and a foster parent approved by a county department of human or social services.

(f) "Task force" means the Timothy Montoya task force to prevent children from running away from out-of-home placement, established in this section.

(2) (a) There is created in the office of the child protection ombudsman the Timothy Montoya task force to prevent children from running away from out-of-home placement. The task force is established to analyze the root causes of why children run away from out-of-home placement; develop a consistent, prompt, and effective response to recover missing children; and address the safety and well-being of a child upon the child's return to out-of-home placement.

(b) The office shall enter into an agreement with an institution of higher education with experience in child welfare research to perform research to support the task force's work and conduct the focus groups described in subsection (6) of this section.

(3) (a) The task force consists of the following members:

(I) The child protection ombudsman, or the ombudsman's designee;

(II) The executive director of the department of human services, or the executive director's designee;

(III) A representative of the division of youth services within the state department of human services, appointed by the executive director of the department of human services;

(IV) A representative of the division of child welfare within the state department of human services, appointed by the executive director of the department of human services;

(V) The director of the office of the child's representative, or the director's designee;

(VI) The executive director of the department of public safety, or the executive director's designee; and

(VII) The following members, appointed by the child protection ombudsman:

(A) Two members who represent a county department of human or social services that delivers child welfare services, one who must be from an urban county and the other from a rural county;

(B) A representative from a statewide organization that supports victims of human trafficking;

(C) A representative from a statewide association that represents directors of county human or social services agencies;

(D) Two foster parents certified by a county department of human or social services;

(E) Two kinship providers certified by a county department of human or social services;

(F) A representative of a statewide association that represents child placement agencies, as defined in section 26-6-903;

(G) A representative of a statewide association of family and children's agencies;

(H) A representative of an out-of-home placement provider that serves children in the child welfare system;

(I) A young adult who is under twenty-two years of age who has experienced residential care placement;

(J) Two members who are a parent or family member of a child who has run away from out-of-home placement;

(K) A representative of a nonprofit organization that serves children or youth who have run away from out-of-home placement;

(L) A representative of the chiefs of police, recommended by the president of a statewide organization representing the chiefs of police; and

(M) Two representatives of police officers, one of whom must be from a rural jurisdiction and one of whom must be from an urban jurisdiction, both recommended by the president of a statewide organization representing police officers.

(b) (I) In making appointments pursuant to subsection (3)(a)(VII) of this section, the child protection ombudsman shall select members who represent diverse geographic locations, race and ethnicity, gender, religion, and socioeconomic status.

(II) The appointing authorities shall make their appointments on or before September 1, 2022. The term of the appointment is for the duration of the task force. The appointing authority shall fill any vacancy subject to the same qualifications as the initial appointment.

(c) Each member of the task force serves without compensation. Members appointed pursuant to subsections (3)(a)(VII)(D), (3)(a)(VII)(E), (3)(a)(VII)(I), and (3)(a)(VII)(J) of this section may be reimbursed for reasonable expenses incurred while serving on the task force.

(d) The child protection ombudsman, or the ombudsman's designee, is the chair of the task force. At its first meeting, the task force shall select a vice-chair from among its members. The chair and the vice-chair serve for the duration of the task force.

(4) The child protection ombudsman shall convene the first meeting of the task force no later than October 1, 2022. The task force shall meet at least once every two months until the task force submits its final report described in subsection (7)(b) of this section, and additionally at the call of the chair as necessary to complete its duties. The task force may meet electronically. The office shall provide staff support necessary for the advisory group to carry out its duties. At the request of the task force, the institution of higher education shall perform research to support the task force's work.

(5) The task force shall:

(a) Analyze the sufficiency of statewide data that measures the quantitative and qualitative experiences of children who have run away from out-of-home placement;

(b) Analyze the root causes of why children run away from out-of-home placement;

(c) Identify and analyze behaviors that constitute running away from out-of-home placement, analyze differences between runaway behavior and age-appropriate behaviors outside of the home or out-of-home placement, and identify behaviors that should lead to a person or facility filing a missing person report about a child;

(d) Analyze the relationship between children who have run away from out-of-home placement and the likelihood that the child will become a victim of crime;

(e) Analyze the comprehensiveness and effectiveness of existing state laws and regulations, and placement facility protocols, to respond to a child's threat to run away from out-of-home placement and for promptly reporting, locating, evaluating, and treating children who have run away;

(f) Analyze best practices statewide and nationally for preventing and addressing runaway behavior, including identifying methods to deter children from running away from out-of-home placement;

(g) Analyze how entities responsible for the care of children who run away from out-of-home placement can coordinate a thorough and consistent response to runaway behaviors;

(h) Identify resources necessary to improve or facilitate communication and coordinated efforts related to children who run away from out-of-home placement among out-of-home placement facilities, county departments of human or social services, and law enforcement agencies; and

(i) At its discretion, develop recommendations to reduce the number of children who run away from out-of-home placement and include the recommendations in its reports described in subsection (7) of this section.

(6) (a) The institution of higher education shall conduct focus groups with children in out-of-home placement and young adults under twenty-two years of age who have aged out of the child protection system to assist the task force in fulfilling its duties. The institution shall conduct focus groups with out-of-home placement providers to determine what conditions lead children to run away from out-of-home placement, the provider's efforts to locate children who have run away, and the services provided to a runaway child upon the child's return.

(b) The institution of higher education shall ask each focus group to consider:

(I) The reasons why children run away from out-of-home placement;

(II) Opportunities and resources that could prevent children from running away from out-of-home placement; and

(III) Resources that children need to ensure their safety and well-being after they return to out-of-home placement.

(c) The office shall reimburse each focus group participant who is a child or youth for the participant's reasonable expenses incurred for participating in a focus group.

(d) The institution of higher education shall make information learned from the focus groups publicly available and shall submit its findings to the task force on or before April 1, 2023. Personally identifiable information about the persons who participated in a focus group is confidential, and the institution shall not make public any personally identifiable information.

(7) (a) On or before October 1, 2023, the task force shall submit a first-year status report to the governor, the president of the senate, the speaker of the house of representatives, and the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees. The first-year status report must include a summary of the task force's work and the task force's initial findings and recommendations, if available.

(b) On or before October 1, 2024, the task force shall submit a final report to the governor, the president of the senate, the speaker of the house of representatives, and the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, that includes a summary of the task force's work and the task force's recommendations, if applicable.

(8) This section is repealed, effective June 30, 2025.
C.R.S. § 19-1-312 — CO Code / Title 19 / Article 1 / Part 3 / Section 19-1-312
19-1-312. Central registry phase out - implementation plan - repeal
Status: repealed

19-1-312. Central registry phase out - implementation plan - repeal. (Repealed)
C.R.S. § 19-4-108 — CO Code / Title 19 / Article 4 / Section 19-4-108
19-4-108. Statute of limitations
Status: in_force

19-4-108. Statute of limitations. An action to determine the existence of the father and child relationship may be brought at any time prior to the child's eighteenth birthday by the mother or father of said child, by the child, or by the delegate child support enforcement agency. If, however, the statute of limitations in effect at the time of the child's birth was less than eighteen years, the delegate child support enforcement agency may bring an action on behalf of the said child at any time prior to the child's twenty-first birthday. An action brought by a child whose paternity has not been determined may be brought at any time prior to the child's twenty-first birthday. This section and section 19-4-107 do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.
C.R.S. § 19-2.5-204 — CO Code / Title 19 / Article 2.5 / Part 2 / Section 19-2.5-204
19-2.5-204. Issuance of a lawful warrant taking a juvenile into custody
Status: in_force

19-2.5-204. Issuance of a lawful warrant taking a juvenile into custody. (1) A lawful warrant taking a juvenile into custody may be issued pursuant to this section by any judge of a court of record or by a juvenile magistrate upon receipt of an affidavit relating facts sufficient to establish probable cause to believe that a delinquent act has been committed and probable cause to believe that a particular juvenile committed that act. Upon receipt of such affidavit, the judge or magistrate shall issue a lawful warrant commanding any peace officer to take the juvenile named in the affidavit into custody and to take the juvenile without unnecessary delay before the nearest judge of the juvenile court or magistrate pursuant to section 19-2.5-305 (4)(e)(I).

(2) Upon filing of a petition in the juvenile court, the district attorney may request a warrant to issue that authorizes the taking of a juvenile into temporary custody. If a warrant is requested, the petition must be accompanied by a verified affidavit relating facts sufficient to establish probable cause that the juvenile has committed the delinquent act set forth in the petition.

(3) A warrant for the arrest of a juvenile for violation of the conditions of probation or of a bond may be issued by any judge of a court of record or juvenile magistrate upon the report of a juvenile probation officer or upon the verified complaint of any person, establishing to the satisfaction of the judge or juvenile magistrate probable cause to believe that a condition of probation or of a bond has been violated and that the arrest of the juvenile is reasonably necessary. The warrant may be executed by any juvenile probation officer or by a peace officer authorized to execute warrants in the county in which the juvenile is found. If the warrant is for a juvenile found in contempt of court in a truancy proceeding, the court shall follow the procedures set forth in section 22-33-108 (7).
C.R.S. § 19-6-101.5 — CO Code / Title 19 / Article 6 / Section 19-6-101.5
19-6-101.5. Amendments of proceedings - adding children
Status: in_force

19-6-101.5. Amendments 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 19-6-103 (2).

(3) Once the court has acquired jurisdiction over the proceedings, such jurisdiction shall be retained regardless of the added child's physical presence or place of residence.

(4) An amended petition filed pursuant to this article shall comply with the requirements set forth in section 19-6-101.

(5) 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. § 19-5-216 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-216
19-5-216. Increased access for adoption - study
Status: repealed

19-5-216. Increased access for adoption - study. (1) (a) The state department shall examine and evaluate the process of adoptive placements of children in the legal custody of the county departments of human or social services and identify those aspects of the process that may be improved to achieve the ultimate goal of permanency for the greatest number of children in safe and healthy adoptive homes. In conducting this analysis, the state department should consider, but need not be limited to, the following:

(I) The best means by which to increase county accessibility to qualified families seeking to adopt and the best means by which to achieve placement of children available for adoption with such families;

(II) Whether further automation would be conducive to the achievement of permanency of children;

(III) The need for centralization of information;

(IV) The benefits of additional standardization;

(V) The resources of other interested entities or foundations that may be available to support public adoptions;

(VI) The programs and systems developed by other states to achieve maximum access and expedited permanency for children in safe and healthy adoptive homes; and

(VII) The methods used to reduce the number of disruptions in adoptive homes.

(b) (I) The executive director of the department is authorized to accept and expend on behalf of the state any funds, grants, gifts, or donations from any private or public source for the purpose of implementing this section; except that no gift, grant, or donation shall be accepted if the conditions attached thereto require the expenditure thereof in a manner contrary to law.

(II) The executive director of the department is authorized to apply for a federal waiver, if necessary, to authorize the use of federal grant moneys to implement this section.

(2) Repealed.
C.R.S. § 19-2.5-1511.5 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1511.5
19-2.5-1511.5. Policies concerning use of telephones and other communications services by juven
Status: in_force

19-2.5-1511.5. Policies concerning use of telephones and other communications services by juvenile detention facilities. (1) The department of human services shall provide voice communications services to juveniles in the department's custody and who are confined in a juvenile detention facility. The department of human services may supplement voice communications services with other communications services, including, but not limited to, video communication and electronic mail or messaging services. In administering the use of communications services, the department of human services shall not receive any revenue, including commissions or fees.

(2) In administering the use of communications services pursuant to subsection (1) of this section, access to communications services must not be limited beyond what is necessary for routine facility operations. Any communications service provided must be free of charge to the person initiating and the person receiving the communications service.
C.R.S. § 19-7-310 — CO Code / Title 19 / Article 7 / Part 3 / Section 19-7-310
19-7-310. Emancipation discharge hearings - emancipation transition plan
Status: repealed

19-7-310. Emancipation discharge hearings - emancipation transition plan. (1) At the direction of a participating youth, with assistance and support from a county department, an emancipation transition plan that is personalized for the participating youth must be developed and finalized no more than ninety days prior to the participating youth's emancipation discharge hearing. The emancipation transition plan includes specific options concerning housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services. The emancipation transition plan must also include information concerning the importance of designating another individual to make health-care treatment decisions on the participating youth's behalf if the youth becomes unable to participate in such decisions and the participating youth does not have, or does not want, a relative or legal guardian who would otherwise be authorized to make such decisions. The emancipation transition plan must provide the participating youth with the option to execute a health-care power of attorney and include details at the participating youth's discretion.

(2) If a participating youth remains in the transition program until the participating youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, at least ninety days prior to the participating youth's last day of eligibility for the transition program, the county department shall provide the participating youth with:

(a) A clear and developmentally appropriate written notice of the date that the participating youth's voluntary services agreement will terminate;

(b) Repealed.

(c) Information about and contact information for community resources that may benefit the participating youth, specifically including information regarding programs that have been established pursuant to section 19-7-314 or to federal law that provide transitional foster care assistance to young adults.

(3) Prior to a participating youth's emancipation, the court shall:

(a) Review the participating youth's emancipation transition plan and consult with the participating youth on the participating youth's readiness;

(b) Determine whether the county department has made reasonable efforts toward the participating youth's permanency goals and to prepare the participating youth for a successful transition to adulthood;

(c) Determine whether the participating youth has been provided with all necessary records and documents as described in subsection (4)(b) of this section;

(d) Determine whether the participating youth has been enrolled in medicaid and advise the participating youth on the participating youth's eligibility for former foster care medicaid up to the participating youth's twenty-sixth birthday pursuant to section 25.5-5-101 (1)(e); and

(e) Advise the participating youth that if the youth chooses to emancipate but later decides support is needed, the youth has the right to begin receiving child welfare services again through the foster youth in transition program, created in section 19-7-303, until the youth's twenty-first birthday, or such greater age of foster care eligibility as required by federal law; and advise the youth of the necessity of keeping the participating youth's contact information up to date with the department of health care policy and financing or the appropriate county department.

(4) At least seven days prior to a participating youth's emancipation discharge hearing, the county department shall file a report with the court that includes:

(a) A description of the county department's reasonable efforts toward achieving the participating youth's permanency goals and a successful transition to adulthood;

(b) An affirmation that the county department has provided the participating youth with all necessary records and documents, including copies of all documents listed in section 19-3-702 (4)(d), health records, education records, and written information concerning the participating youth's family history and contact information for siblings, if appropriate; and

(c) A copy of the participating youth's emancipation transition plan, finalized no more than ninety days prior to the participating youth's emancipation discharge hearing.

(5) With the participating youth's consent, the court may continue the emancipation discharge hearing for up to one hundred nineteen days, but not past the last day of the month in which the participating youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law. The continuance must be to allow time to improve the participating youth's emancipation transition plan, gather necessary documents and records for the participating youth, or any other reason necessary to allow for the participating youth to have a successful transition to adulthood.
C.R.S. § 19-5-200.2 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-200.2
19-5-200.2. Legislative declaration
Status: in_force

19-5-200.2. Legislative declaration. (1) Notwithstanding any other provisions of this title to the contrary, it is the intent of the general assembly that the court shall protect and promote the best interests of the children who are the subjects of proceedings held pursuant to this part 2 while giving due regard to the interests of any other individuals affected.

(2) The general assembly hereby finds and declares that:

(a) It is beneficial for a child placed for adoption 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;

(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 adoptive placements, 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.
C.R.S. § 19-2.5-203 — CO Code / Title 19 / Article 2.5 / Part 2 / Section 19-2.5-203
19-2.5-203. Statements - definitions
Status: in_force

19-2.5-203. Statements - definitions. (1) A statement or admission of a juvenile made as a result of the custodial interrogation of the juvenile by a law enforcement official concerning delinquent acts alleged to have been committed by the juvenile are not admissible in evidence against the juvenile unless a parent, guardian, or legal or physical custodian of the juvenile was present at such interrogation and the juvenile and the juvenile's parent, guardian, or legal or physical custodian were advised of the juvenile's right to remain silent and that any statements made may be used against the juvenile in a court of law, of the juvenile's right to the presence of an attorney during such interrogation, and of the juvenile's right to have counsel appointed if the juvenile so requests at the time of the interrogation; except that, if a public defender or counsel representing the juvenile is present at such interrogation, such statements or admissions may be admissible in evidence even though the juvenile's parent, guardian, or legal or physical custodian was not present.

(2) (a) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile may be admissible in evidence, notwithstanding the absence of a parent, guardian, or legal or physical custodian, if the court finds that, under the totality of the circumstances, the juvenile made a knowing, intelligent, and voluntary waiver of rights and:

(I) The juvenile is eighteen years of age or older at the time of the interrogation or the juvenile misrepresents his or her age as being eighteen years of age or older and the law enforcement official acts in good-faith reliance on such misrepresentation in conducting the interrogation;

(II) The juvenile is emancipated from the parent, guardian, or legal or physical custodian; or

(III) The juvenile is a runaway from a state other than Colorado and is of sufficient age and understanding.

(b) For the purposes of this subsection (2), "emancipated juvenile" means a juvenile over fifteen years of age and under eighteen years of age who has, with the real or apparent assent of the juvenile's parents, demonstrated independence from the juvenile's parents in matters of care, custody, and earnings. The term may include, but is not limited to, any such juvenile who has the sole responsibility for the juvenile's own support, who is married, or who is in the military.

(3) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile are not inadmissible in evidence by reason of the absence of a parent, guardian, or legal custodian if the juvenile was accompanied by a responsible adult who was a custodian of the juvenile or assuming the role of a parent at the time.

(4) For the purposes of this section, "physical custodian" is defined in section 19-2.5-102.

(5) Notwithstanding subsection (1) of this section, the juvenile and the juvenile's parent, guardian, or legal or physical custodian may expressly waive the requirement that the parent, guardian, or legal or physical custodian be present during the juvenile's interrogation. This express waiver must be in writing and must be obtained only after full advisement of the juvenile and the juvenile's parent, guardian, or legal or physical custodian of the juvenile's rights prior to the taking of the custodial statement by a law enforcement official. If said requirement is expressly waived, statements or admissions of the juvenile are not inadmissible in evidence by reason of the absence of the juvenile's parent, guardian, or legal or physical custodian during interrogation. Notwithstanding the requirements of this subsection (5), a county department of human or social services and the state department of human services, as legal or physical custodian, may not waive said requirement.

(6) Notwithstanding subsection (1) of this section, statements or admissions of a juvenile are not inadmissible into evidence by reason of the absence of a parent, guardian, or legal or physical custodian, if the juvenile makes any deliberate misrepresentations affecting the applicability or requirements of this section and a law enforcement official, acting in good faith and in reasonable reliance on such deliberate misrepresentation, conducts a custodial interrogation of the juvenile that does not comply with the requirements of subsection (1) of this section.

(7) (a) Notwithstanding any provisions of this section to the contrary, if the juvenile asserts that statements made during the custodial interrogation are inadmissible because a responsible adult had an interest adverse to the juvenile, the prosecution, as part of its burden of proof at a hearing on a motion to suppress the statements, must show by a preponderance of the evidence that the person interrogating the juvenile reasonably believed that the responsible adult did not have any interests adverse to those of the juvenile and that the responsible adult was able to provide protective counseling to the juvenile concerning the juvenile's rights during the interrogation.

(b) For purposes of this subsection (7):

(I) "Protective counseling" means an ongoing opportunity to offer guidance and advice concerning the juvenile's right to remain silent and to obtain retained or appointed counsel associated with the custodial interrogation; and

(II) "Responsible adult" means a parent, guardian, legal or physical custodian, or other responsible adult who was a custodian of the juvenile or who assumed the role of a parent at the time of the interrogation.

(8) (a) A statement or admission by a juvenile made as a result of the juvenile's custodial interrogation by a law enforcement official or agent is presumptively inadmissible against the juvenile at trial if the law enforcement official or agent knowingly communicated any untruthful information or belief to obtain the statement or admission, unless the prosecution establishes at an evidentiary hearing prior to trial, by a preponderance of the evidence and based on the totality of the circumstances, that the statement or admission was made voluntarily despite the untruthful information or belief used to obtain the statement or admission or that the law enforcement official in good faith reasonably believed the information or belief was true at the time it was used. In assessing the totality of the circumstances, the court shall consider all evidence presented concerning the juvenile's vulnerability to any untruthful information or belief used during the custodial interrogation.

(b) A law enforcement official or agent shall electronically record all juvenile custodial interrogations pursuant to section 16-3-601 without regard to the nature of the offense that the law enforcement official or agent reasonably believes is being investigated.

(c) Law enforcement agencies are encouraged to adopt and follow national model policies that are included in P.O.S.T. rules concerning law-enforcement-conducted interrogations involving a juvenile.

(d) As used in this subsection (8):

(I) "Agent" means a person who acts with the motive of assisting law enforcement efforts to obtain a confession, as shown by the totality of the circumstances.

(II) "Untruthful information or belief" means any untruthful information or belief knowingly used or communicated to a juvenile who is the subject of a custodial interrogation. "Untruthful information or belief" may include but is not limited to statements regarding evidence or unauthorized statements regarding potential leniency by a law enforcement official, prosecutor, judge, juror, or any other juvenile officer.
C.R.S. § 19-2.5-1004 — CO Code / Title 19 / Article 2.5 / Part 10 / Section 19-2.5-1004
19-2.5-1004. Procedures - hearings
Status: in_force

19-2.5-1004. Procedures - hearings. (1) Subject to any applicable rules of the Colorado supreme court, the supervising court is responsible for establishing procedures for any teen court program under its jurisdiction, including but not limited to:

(a) The use of its courtroom and other facilities during times when they are not required for other court business;

(b) The approval of teen court judges;

(c) The collection of a fee from any teen defendant; and

(d) The range of sentencing options that may be imposed upon a teen defendant. Sentencing options must not include a term of imprisonment nor the payment of restitution, but may include:

(I) Community service supervised by the supervising court;

(II) Participation in law-related education classes, counseling, treatment, or other programs; or

(III) Participation as a juror or other teen court member in proceedings involving teen defendants.

(2) Whenever a teen, as a condition of a deferred judgment, is ordered to participate in a teen court program, the teen and the teen's parent or legal guardian must be ordered to appear at a teen court sentencing hearing. The teen court judge shall preside over the sentencing hearing. The teen defendant may represent himself or herself or be represented by a teen defense attorney. The following procedures must be followed at the teen court sentencing hearing:

(a) The teen court judge shall select a teen jury;

(b) The teen prosecutor and either the teen defendant or teen defense attorney may question the jury on their knowledge of the defendant or the facts of the offense for which the teen defendant was charged;

(c) The teen court judge may order that a teen juror be replaced if the judge finds that the juror may be biased;

(d) The teen prosecutor and either the teen defendant or teen defense attorney may make an opening statement;

(e) The teen defendant is subject to cross-examination by the teen prosecutor concerning the circumstances or facts surrounding the offense or the character of the teen defendant and may either make a statement or be subject to direct examination by the teen defense attorney;

(f) Each side may offer witnesses and documents concerning the circumstances or facts surrounding the offense or the character of the teen defendant;

(g) The teen prosecutor and either the teen defendant or teen defense attorney may make a closing statement;

(h) Unless otherwise ordered by the teen court judge, the teen jury shall deliberate in private and shall unanimously agree upon the sentence to be imposed against the teen defendant, pursuant to guidelines adopted by the court; and

(i) If the jury is unable to unanimously agree on a sentence, then the teen court judge shall impose the sentence, pursuant to guidelines adopted by the court.

(3) The teen court judge shall enter a written order that:

(a) Orders the teen defendant to complete the sentence imposed by the teen jury;

(b) Orders the teen defendant to submit a written report to the teen court judge within three months after the sentencing hearing showing satisfactory completion of the terms of the sentence; and

(c) Notifies the teen defendant that if the teen court judge does not receive the written report within the time required, the teen court judge shall file with the supervising court a report stating that the teen defendant has not satisfactorily completed the teen court program.

(4) Within six months after the order for deferred judgment, the teen court judge shall file a written report with the supervising court notifying the court whether the teen defendant has satisfactorily completed the teen court program.
C.R.S. § 19-3-304 — CO Code / Title 19 / Article 3 / Part 3 / Section 19-3-304
19-3-304. Persons required to report child abuse or neglect
Status: in_force

19-3-304. Persons required to report child abuse or neglect. (1) (a) Except as otherwise provided by section 19-3-307, section 25-1-122 (4)(d), C.R.S., and paragraph (b) of this subsection (1), any person specified in subsection (2) of this section who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving such information report or cause a report to be made of such fact to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.

(b) The reporting requirement described in paragraph (a) of this subsection (1) shall not apply if the person who is otherwise required to report does not:

(I) Learn of the suspected abuse or neglect until after the alleged victim of the suspected abuse or neglect is eighteen years of age or older; and

(II) Have reasonable cause to know or suspect that the perpetrator of the suspected abuse or neglect:

(A) Has subjected any other child currently under eighteen years of age to abuse or neglect or to circumstances or conditions that would likely result in abuse or neglect; or

(B) Is currently in a position of trust, as defined in section 18-3-401 (3.5), C.R.S., with regard to any child currently under eighteen years of age.

(2) Persons required to report such abuse or neglect or circumstances or conditions include any:

(a) Physician or surgeon, including a physician in training;

(b) Child health associate;

(c) Medical examiner or coroner;

(d) Dentist;

(e) Osteopath;

(f) Optometrist;

(g) Chiropractor;

(h) Podiatrist;

(i) Registered nurse or licensed practical nurse;

(j) Hospital personnel engaged in the admission, care, or treatment of patients;

(k) Christian science practitioner;

(l) Public or private school official or employee;

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

(n) Mental health professional;

(o) Dental therapist or dental hygienist;

(p) Psychologist;

(q) Physical therapist;

(r) Veterinarian;

(s) Peace officer as described in section 16-2.5-101, C.R.S.;

(t) Pharmacist;

(u) Commercial film and photographic print processor as provided in subsection (2.5) of this section;

(v) Firefighter as defined in section 18-3-201 (1.5), C.R.S.;

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

(x) Licensed professional counselors;

(y) Licensed marriage and family therapists;

(z) Unlicensed psychotherapists;

(aa) (I) Clergy member.

(II) The provisions of this paragraph (aa) shall not apply to a person who acquires reasonable cause to know or suspect that a child has been subjected to abuse or neglect during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication.

(III) For purposes of this paragraph (aa), unless the context otherwise requires, "clergy member" means a priest, rabbi, duly ordained, commissioned, or licensed minister of a church, member of a religious order, or recognized leader of any religious body.

(bb) Registered dietitian who holds a certificate through the commission on dietetic registration and who is otherwise prohibited by 7 CFR 246.26 from making a report absent a state law requiring the release of this information;

(cc) Worker in the state department of human services;

(dd) Juvenile parole and probation officers;

(ee) Child and family investigators, as described in section 14-10-116.5, C.R.S.;

(ff) Officers and agents of the state bureau of animal protection, and animal control officers;

(gg) The child protection ombudsman as created in article 3.3 of this title;

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

(ii) Director, coach, assistant coach, or athletic program personnel employed by a private sports organization or program. For purposes of this paragraph (ii), "employed" means that an individual is compensated beyond reimbursement for his or her expenses related to the private sports organization or program.

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

(kk) Emergency medical service providers, as defined in sections 25-3.5-103 (8) and 25-3.5-103 (12) and certified or licensed pursuant to part 2 of article 3.5 of title 25;

(ll) Officials or employees of a county department of health or a county department of human or social services;

(mm) Naturopathic doctor registered under article 250 of title 12; and

(nn) Employees of the department of early childhood.

(2.5) Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child engaged in an act of sexual conduct shall report such fact to a local law enforcement agency immediately or as soon as practically possible by telephone and shall prepare and send a written report of it with a copy of the film, photograph, video tape, negative, or slide attached within thirty-six hours of receiving the information concerning the incident.

(3) In addition to those persons specifically required by this section to report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in abuse or neglect, any other person may report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in child abuse or neglect to the local law enforcement agency, the county department, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.

(3.5) No person, including a person specified in subsection (1) of this section, shall knowingly make a false report of abuse or neglect to a county department, a local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.

(4) Any person who willfully violates the provisions of subsection (1) of this section or who violates the provisions of subsection (3.5) of this section:

(a) Commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501; and

(b) Shall be liable for damages proximately caused thereby.

(5) No person shall be prosecuted, tried, or punished for an offense that pertains to a report of unlawful sexual behavior as defined in section 16-22-102 (9) and under circumstances when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to unlawful sexual behavior as defined in section 16-22-102 (9) or observed the child being subjected to circumstances or conditions that would reasonably result in unlawful sexual behavior as defined in section 16-22-102 (9) unless the indictment, information, complaint, or action for the same is found or instituted within three years after the commission of the offense. The limitation for commencing criminal proceedings concerning acts of failure to report child abuse other than those involving acts described in this subsection (5) are governed by section 16-5-401.
C.R.S. § 19-2.5-1410 — CO Code / Title 19 / Article 2.5 / Part 14 / Section 19-2.5-1410
19-2.5-1410. Community accountability program - legislative declaration - creation
Status: in_force

19-2.5-1410. Community accountability program - legislative declaration - creation. (1) It is the intent of the general assembly that the program established pursuant to this section benefit the state by providing a structured program combining residential and community reintegration components under which certain adjudicated juveniles are subject to an ordered environment affirming the dignity of self and others; promoting the value of education, work, and accountability; adhering to the principals of restorative justice; and developing useful skills that can be applied when the juvenile is reintegrated into the community.

(2) (a) The division of youth services, pursuant to a contract with one or more private entities, shall establish, maintain, and operate a community accountability program, referred to in this section as the "program".

(b) The program must provide a sentencing option for adjudicated juveniles who are at least fourteen years of age but younger than eighteen years of age. An adjudicated juvenile may be sentenced to participate in the program only as a condition of probation. A sentence to the program may be in addition to, but must not be in lieu of, a mandatory sentence required by section 19-2.5-1123. The juvenile court shall consider the program as a sentencing option for higher risk juveniles who would have otherwise been sentenced to detention or out-of-home placement or committed to the department of human services.

(c) A sentence imposed pursuant to this section is conditioned on the availability of space in the program and the division of youth services' determination of whether the juvenile's participation in the program is appropriate. A juvenile may be denied participation in the program upon a determination by the division of youth services that a physical or mental health condition, including severe substance abuse, will prevent the juvenile's full participation in the program. Any juvenile denied participation in the program must be returned to the juvenile court for resentencing.

(d) The judicial department shall provide information to the division of youth services concerning the juvenile's sentencing, including but not limited to the juvenile's criminal history, the presentence investigation report, the risk-need assessment, and demographics pertaining to the juvenile.

(e) The program must be established for up to eighty beds. Pursuant to the contract entered into pursuant to subsection (2)(a) of this section, the division of youth services shall pay only for the actual number of juveniles placed in the program.

(3) If feasible, the program may be established regionally, one in each of the division of youth services' regions. The division of youth services, through a competitive bid process, shall select one or more private entities to operate the program.

(4) (a) The program consists of two integrated components. Each selected entity shall provide both components within the contracted region as follows:

(I) Component I. Component I consists of a sixty-day residential program, which may contain, but need not be limited to, the following program elements:

(A) Assessment and treatment planning;

(B) Behaviorally based programming with appropriate sanctions and reinforcements;

(C) Life and cognitive skill development;

(D) Treatment interventions;

(E) Educational and vocational training;

(F) Competency development;

(G) Victim awareness and empathy;

(H) Gender-specific programming; and

(I) Restorative justice programming.

(II) Component II. The division of youth services shall administer component II, which consists of a community reintegration phase. For each juvenile entering component II, the division of youth services and the local probation department shall jointly establish a reintegration plan. Component II may contain, but need not be limited to, the following program elements:

(A) Multi-systemic therapy;

(B) Functional family therapy;

(C) Aggression replacement training;

(D) Life skills;

(E) Skills development;

(F) Behaviorally based programming with appropriate sanctions and reinforcements;

(G) Education and vocational training;

(H) Work experience;

(I) Victim empathy;

(J) Victim-offender mediation;

(K) Gender-specific programming; and

(L) Restorative justice programming.

(b) The program may be housed in a privately owned and operated facility or in a state-owned and privately operated facility. The state department of human services and any private contractors in each region shall involve local governments in identifying locations for residential facilities.

(c) The division of youth services shall include a community involvement component in the development of reintegration plans, which may include the creation of community advisory boards.

(5) If a juvenile in the first component of the program would substantially benefit, the division of youth services shall notify the local department of probation who may petition the court for an extension of up to fifteen days in addition to the initial sixty-day period for the first component of the program. The period of time a juvenile spends in the second component of the program must not exceed one hundred twenty days. The entire period of a juvenile's participation in the program must not exceed the length of the juvenile's probation sentence. Whenever a juvenile fails to progress through or complete the first or second component of the program, the juvenile is subject to section 19-2.5-1108 (8) for violating a condition of probation.

(6) The division of youth services and the judicial department shall jointly establish guidelines for the program and for each of the components described in subsection (4) of this section. The division of youth services shall make available necessary support services for the juvenile and the juvenile's family under both components of the program.

(7) The division of youth services shall conduct an ongoing evaluation of the program. On or before January 15 each year, the division of youth services shall submit a report of the evaluation results to the general assembly. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements in this subsection (7) continue indefinitely. The division of youth services may contract for the services and labor necessary to perform the ongoing evaluation.
C.R.S. § 19-5.5-204 — CO Code / Title 19 / Article 5.5 / Part 2 / Section 19-5.5-204
19-5.5-204. Authority and responsibility of a county department of human or social services
Status: in_force

19-5.5-204. Authority and responsibility of a county department of human or social services. (1) If a county department receives a report that a person has transferred or intends to transfer custody of a child in violation of section 19-5.5-203 (1), the county department may conduct an assessment, and, as provided by other laws of this state, take appropriate action to protect the welfare of the child.

(2) If a county conducts an assessment for a child adopted or placed through an intercountry adoption, and determines that a person has transferred or intends to transfer custody of a child in violation of section 19-5.5-203, the county department shall forward the assessment to the state department. Upon receiving the assessment, the state department shall:

(a) Prepare a report on the welfare and plan for permanent placement of the child; and

(b) Provide a copy of the report to the United States department of state, bureau of consular affairs, office of children's issues.

(3) This article 5.5 does not prevent a county department from taking appropriate action under other law of this state.
C.R.S. § 19-2.5-403 — CO Code / Title 19 / Article 2.5 / Part 4 / Section 19-2.5-403
19-2.5-403. Juvenile diversion cash fund - creation
Status: in_force

19-2.5-403. Juvenile diversion cash fund - creation. (1) Fifty percent of the money collected pursuant to section 18-4-509 (2)(a) must be transmitted to the state treasurer, who shall credit the same to the juvenile diversion cash fund, which fund is created and referred to in this section as the "fund". The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the juvenile diversion program pursuant to section 19-2.5-402.

(2) The division of criminal justice of the department of public safety, referred to in this section as the "division of criminal justice", is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of implementing the juvenile diversion program pursuant to section 19-2.5-402. All private and public money received through gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund.

(3) Any money in the fund not expended for the purpose of the juvenile diversion program may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund.

(4) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund and must not be credited or transferred to the general fund or another fund.
C.R.S. § 19-5-211 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-211
19-5-211. Legal effects of final decree
Status: in_force

19-5-211. Legal effects of final decree. (1) After the entry of a final decree of adoption, the person adopted is, for all intents and purposes, the child of the petitioner. He or she is entitled to all the rights and privileges and is subject to all the obligations of a child born to the petitioner.

(1.5) An employer who permits paternity or maternity time off for biological parents following the birth of a child shall, upon request, make such time off available for individuals adopting a child. If the employer has established a policy providing time off for biological parents, that period of time shall be the minimum period of leave available for adoptive parents. Requests for additional leave due to the adoption of an ill child or a child with a disability shall be considered on the same basis as comparable cases of such complications accompanying the birth of such a child to an employee or employee's spouse. Any other benefits provided by the employer, such as job guarantee or pay, shall be available to both adoptive and biological parents on an equal basis. An employer shall not penalize an employee for exercising the rights provided by this subsection (1.5). The provisions of this subsection (1.5) shall not apply to an adoption by the spouse of a custodial parent or to a second-parent adoption.

(2) The parents shall be divested of all legal rights and obligations with respect to the child, and the adopted child shall be free from all legal obligations of obedience and maintenance with respect to the parents.

(2.5) The child shall be eligible for enrollment and coverage by any medical or dental insurance held by the prospective adoptive parents if, and on such a basis as, such coverage would be available to a child naturally born to the prospective adoptive parents.

(3) Nothing in this part 2 shall be construed to divest any natural parent or child of any legal right or obligation where the adopting parent is a stepparent and is married to said natural parent.
C.R.S. § 19-3-401 — CO Code / Title 19 / Article 3 / Part 4 / Section 19-3-401
19-3-401. Taking children into custody
Status: in_force

19-3-401. Taking children into custody. (1) A child may be taken into temporary custody by a law enforcement officer without order of the court:

(a) When the child is abandoned, lost, or seriously endangered in such child's surroundings or seriously endangers others and immediate removal appears to be necessary for such child's protection or the protection of others;

(b) When there are reasonable grounds to believe that such child has run away or escaped from such child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has not made a report to a law enforcement agency that the child has run away from home; or

(c) When an arrest warrant has been issued for such child's parent or guardian on the basis of an alleged violation of section 18-3-304, C.R.S. No child taken into temporary custody pursuant to this paragraph (c) shall be placed in detention or jail.

(1.3) A child shall be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe the child has run away from the child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has made a report to a law enforcement agency that the child has run away from home.

(1.5) An emergency exists and a child is seriously endangered as described in paragraph (a) of subsection (1) of this section whenever the safety or well-being of a child is immediately at issue and there is no other reasonable way to protect the child without removing the child from the child's home. If such an emergency exists, a child shall be removed from such child's home and placed in protective custody regardless of whether reasonable efforts to preserve the family have been made.

(2) The taking of a child into temporary custody under this section shall not be deemed an arrest, nor shall it constitute a police record.

(3) (a) Notwithstanding subsections (1) and (1.5) of this section and except as otherwise provided in subsections (3)(b) and (3)(c) of this section, a newborn child, as defined in section 19-1-103, who is not in a hospital setting must not be taken into temporary protective custody for a period of longer than twenty-four hours without an order of the court made pursuant to section 19-3-405 (1). The order must include findings that an emergency situation exists and that the newborn child is seriously endangered as described in subsection (1)(a) of this section.

(b) A newborn child, as defined in section 19-1-103, who is in a hospital setting must not be taken into temporary protective custody without an order of the court made pursuant to section 19-3-405 (1). The order must include findings that an emergency situation exists and that the newborn child is seriously endangered as described in subsection (1)(a) of this section. A newborn child may be detained in a hospital by a law enforcement officer upon the recommendation of a county department or by a physician, registered nurse, licensed practical nurse, or physician assistant while an order of the court pursuant to section 19-3-405 (1) is being pursued, but the newborn child must be released if a court order pursuant to section 19-3-405 (1) is denied.

(c) The court orders required by subsections (3)(a) and (3)(b) of this section are not required in the following circumstances:

(I) When a newborn child is identified by a physician, registered nurse, licensed practical nurse, or physician assistant engaged in the admission, care, or treatment of patients as being affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure;

(II) When the newborn child's only identifiable birth parent has been determined by a physician, registered nurse, or qualified mental health professional to meet the criteria specified in section 27-65-106 for custody, treatment, and evaluation of a mental health disorder or grave disability;

(III) When both of the newborn child's birth parents have been determined by a physician, registered nurse, or qualified mental health professional to meet the criteria specified in section 27-65-106 for custody, treatment, and evaluation of a mental health disorder or grave disability; or

(IV) When the newborn child is subject to an environment exposing the newborn child to a laboratory for manufacturing controlled substances as defined in section 18-18-102 (5), C.R.S.

(d) At the time a law enforcement officer takes a newborn child into temporary protective custody, the law enforcement officer shall provide the notices required by sections 19-3-402 and 19-3-212 directly to the newborn child's identifiable birth parent or parents in both verbal and written form. Such notices may be provided to the child's identifiable birth parent or parents in a language that the birth parent or parents understand, and the law enforcement officer may designate another person to assist him or her in providing such written and verbal notices to fulfill this requirement, if necessary.

(e) If a newborn child is taken into temporary protective custody pursuant to this subsection (3), the county department may contact the child's identifiable birth parent or parents to obtain the names of any relatives or other persons in the parent's or parents' community who may be appropriate, capable, and willing to care for the newborn child prior to the hearing required by section 19-3-403. In addition, if the identifiable parent or parents are not citizens of the United States, the county department may request the parent's or parents' consent to notify the parent's or parents' government of origin of the situation and, if consent is given, may contact the parent's or parents' government of origin.
C.R.S. § 19-7-314 — CO Code / Title 19 / Article 7 / Part 3 / Section 19-7-314
19-7-314. Foster youth successful transition to adulthood grant program - creation - stand
Status: in_force

19-7-314. Foster youth successful transition to adulthood grant program - creation - standards - application - fund - advisory board - duties. (1) (a) The foster youth successful transition to adulthood grant program is created within the state department. The purpose of the grant program is to create and administer programs that support eligible youth in making a successful transition to adulthood and provide case management services for voucher recipients as described in section 19-7-314.5.

(b) The state department shall ensure that services are available to eligible youth throughout Colorado and, in order to do so, administer a merit-based application process to select service providers as follows:

(I) An application from a county department must receive preference over applications from other types of entities; and

(II) An application for a proposed program must receive preference if it includes the provision of evidence-based services.

(c) Youth who meet the following criteria are eligible for services from a program that has received a grant from the grant program:

(I) The youth is eighteen years of age or older but less than twenty-three years of age, or the upper age limit established in the federal "Social Security Act", 42 U.S.C. sec. 677 (a), whichever is greater;

(II) The youth was in foster care or adjudicated dependent and neglected on or after the youth's fourteenth birthday; and

(III) The youth voluntarily agrees to participate in the program that is receiving a grant from the grant program.

(2) There is created in the state treasury the Colorado foster youth successful transition to adulthood grant program fund, referred to in this section as the "fund". The fund consists of any money that the general assembly may appropriate to the fund. Money in the fund is subject to annual appropriation by the general assembly to the state department for the purpose of providing grants pursuant to this section and for the direct and indirect costs associated with the implementation of this section. Any money in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year must remain in the fund and available for expenditure by the state department in the next fiscal year without further appropriation.

(3) (a) The state department shall convene an advisory board, which shall meet at least two times per year, to review the grant program and provide recommendations to the state department including the following items:

(I) Implementation of the grant program;

(II) Funding models and allocation methodologies, including consultation with the advisory board before the state department allocates funding received through the federal "John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec. 677, for the grant program;

(III) Content for grant program applications; and

(IV) Scoring methodology for grant program application review.

(b) The executive director shall appoint members of the advisory board for two-year terms. The board must include:

(I) Two directors of county departments of human or social services, or their designees;

(II) Two directors of runaway homeless youth providers, or their designees;

(III) One staff member from the state department with administrative responsibility for programming funded through the federal "John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec. 677;

(IV) The managing director of the Colorado workforce development council, or the director's designee;

(V) The executive director of the department of higher education or the director's designee; and

(VI) Two youth who have previously participated in the transition program or the federal "John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec. 677.

(c) The advisory board shall have its first meeting on or before October 1, 2022.
C.R.S. § 19-3-205 — CO Code / Title 19 / Article 3 / Part 2 / Section 19-3-205
19-3-205. Continuing jurisdiction
Status: repealed

19-3-205. Continuing jurisdiction. (1) Except as otherwise provided in this article 3, the jurisdiction of the court over any child or youth adjudicated as neglected or dependent shall continue until the child or youth becomes eighteen and one-half years of age unless earlier terminated by court order; except that:

(a) If a determination is pending or the youth has been determined to be an incapacitated person pursuant to section 15-14-102, then jurisdiction continues until either the youth has made a complete transition into adult disability services and it is in the youth's best interests for the juvenile court to terminate jurisdiction or the youth reaches twenty-one years of age or such greater age of foster care eligibility as required by federal law, whichever comes first;

(b) If a youth is making the transition to adult services pursuant to section 25.5-6-409.5, then the court may extend jurisdiction until such transition is complete; or

(c) Jurisdiction pursuant to this section is not required to be terminated due to age before October 1, 2021.

(2) Repealed.

(3) An eligible youth has the right to choose whether to participate in the foster youth in transition program created in section 19-7-303.

(4) (a) If a youth who is sixteen years of age or older but less than eighteen years of age and who is in the custody of a county department runs away, and the youth's whereabouts have been unknown for more than ninety days, then the county department may file a motion to terminate jurisdiction.

(b) The court shall set a hearing no later than thirty-five days after the county department files the motion to determine whether the county department has made reasonable efforts to locate the youth prior to terminating jurisdiction. The hearing may be waived upon stipulation by all parties.

(c) The motion must be withdrawn and the hearing may be vacated or converted to a review hearing if the youth returns.
C.R.S. § 19-2.5-1101 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1101
19-2.5-1101. Presentence investigation
Status: in_force

19-2.5-1101. Presentence investigation. (1) (a) Prior to the sentencing hearing, juvenile probation for the judicial district in which the juvenile is adjudicated shall conduct a presentence investigation unless waived by the court on its own determination or on recommendation of the prosecution or the juvenile. The presentence investigation must take into consideration and build on the intake assessment performed by the screening team. The presentence investigation may address, but is not limited to, the following:

(I) The details of the offense;

(II) Statements made by the victims of the offense;

(III) The amount of restitution, if any, that should be imposed on the juvenile or the juvenile's parent, guardian, or legal custodian;

(IV) The juvenile's previous criminal record, if any, if the juvenile has not been adjudicated for an act that constitutes unlawful sexual behavior as defined in section 16-22-102 (9);

(V) Any history of substance abuse by the juvenile;

(VI) The juvenile's education history, including any special education history and any current individualized education program the juvenile may have pursuant to section 22-20-108;

(VII) The juvenile's employment history;

(VIII) The juvenile's family, kin, and persons having a significant relationship with the juvenile;

(IX) The juvenile's peer relationships;

(X) The status of juvenile programs and community placements in the juvenile's judicial district of residence;

(XI) Other related material;

(XII) Review of placement and commitment criteria adopted pursuant to section 19-2.5-1404, which are the criteria for any sentencing recommendations included in the presentence investigation;

(XIII) Assessment of the juvenile's needs; and

(XIV) Recommendations and a proposed treatment plan for the juvenile.

(b) If the juvenile has been adjudicated for an act that constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), then the report on the presentence investigation must include the juvenile's previous criminal and juvenile delinquency records, if any.

(2) (a) The probation department shall conduct a presentence investigation in each case unless waived by the court on its own determination or on recommendation of the prosecution or the juvenile. The level of detail included in the presentence investigation may vary, as appropriate, with the services being considered for the juvenile.

(b) (I) Except as set forth in subsection (2)(b)(II) of this section, if the juvenile is adjudicated on or after July 1, 2018, the report described in subsection (1)(a) of this section must include the following statement:

Each adjudicated juvenile may, at the time of adjudication or at any time thereafter, apply to the court for an order of collateral relief of the consequences of the juvenile's adjudication pursuant to section 19-2.5-910, Colorado Revised Statutes.

(II) The report described in subsection (1)(a) of this section need not include the statement described in subsection (2)(b)(I) of this section if the juvenile:

(A) Has been adjudicated for a felony that included an element that requires a victim to suffer a serious bodily injury and the victim suffered a permanent impairment of the function of any part or organ of the body;

(B) Has been adjudicated for a crime of violence as described in section 18-1.3-406; or

(C) Is required to register as a sex offender pursuant to section 16-22-103.

(3) (a) The state court administrator may implement a behavioral or mental health disorder screening program to be used by the juvenile court. If the state court administrator chooses to implement a behavioral or mental health disorder screening program, the juvenile court shall use the standardized behavioral or mental health disorder screening developed pursuant to section 16-11.9-102 and conduct the screening in accordance with the procedures established pursuant to section 16-11.9-102. The findings and results of any standardized behavioral or mental health disorder screening conducted pursuant to this subsection (3) must be included in the written report to the court prepared and submitted pursuant to this section.

(b) Prior to implementation of a behavioral or mental health disorder screening program pursuant to this subsection (3), if implementation of the program would require an increase in appropriations, the state court administrator shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health disorder screening program. If implementation of the behavioral or mental health disorder screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request.

(4) Prior to sentencing a juvenile who was adjudicated for an offense that would be a felony or misdemeanor not contained in title 42 if committed by an adult, the court may order the juvenile to participate in an assessment to determine whether the juvenile would be suitable for participation in restorative justice practices that would be a part of the juvenile's sentence; except that the court may not order participation in a restorative justice practice if the juvenile was adjudicated a delinquent for unlawful sexual behavior, as defined in section 16-22-102 (9); a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1); stalking, as defined in section 18-3-602; or violation of a protection order, as defined in section 18-6-803.5. If the court orders a suitability assessment, the assessor shall provide the services for a fee of no more than forty dollars based on a sliding scale consistent with guidelines used to determine eligibility for appointment of counsel. The court shall not include payment of this fee as part of any court order. If a juvenile wants to participate in restorative justice practices, the juvenile must make the request to the district attorney or the law enforcement agency administering the program and may not make the request to the victim. If requested by the juvenile or law enforcement agency, a victim-offender conference may only be conducted after the victim is consulted by the district attorney and offered an opportunity to participate or submit a victim impact statement. If a victim elects not to attend, a victim-offender conference may be held with a suitable victim surrogate or victim advocate, and the victim may submit a victim impact statement. If the juvenile participates in a restorative justice practices victim-offender conference, the facilitator shall provide these services for a fee of no more than one hundred twenty-five dollars based on a sliding scale consistent with guidelines used to determine eligibility for appointment of counsel. The court shall not include payment of this fee as part of any court order.
C.R.S. § 19-2.5-1523 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1523
19-2.5-1523. Receiving centers - designation
Status: in_force

19-2.5-1523. Receiving centers - designation. (1) The department of human services shall designate receiving centers for juvenile delinquents committed to the department pursuant to section 19-2.5-1127 or 19-2.5-1103.

(2) If a change is made in the designation of a receiving center by the department of human services, it shall notify the juvenile courts at least thirty-five days prior to the date that the change takes effect.
C.R.S. § 19-1-213 — CO Code / Title 19 / Article 1 / Part 2 / Section 19-1-213
19-1-213. State CASA entity - duties - state court administrator duties - state court-appo
Status: in_force

19-1-213. State CASA entity - duties - state court administrator duties - state court-appointed special advocate fund - definitions. (1) For the purposes of this section, unless the context otherwise requires:

(a) "Local CASA program" means a CASA program established in a judicial district, or any two or more judicial districts, pursuant to section 19-1-202.

(b) "Office of the child's representative" means the office of the child's representative created in section 13-91-104.

(c) "State CASA entity" means the nonprofit entity that has entered into a contract with the office of the child's representative as described in subsection (2) of this section.

(2) The office of the child's representative shall contract with a nonprofit entity that is in good standing with the national CASA association to enhance the CASA program in Colorado. The state CASA entity shall:

(a) Aid and develop local CASA programs in each judicial district or in adjacent judicial districts;

(b) Ensure that local CASA programs adhere to state and national CASA standards;

(c) Ensure the provision and availability of high-quality accessible training for local CASA programs and volunteers;

(d) Seek to enhance existing funding sources, develop private-public partnership funding, and study the availability of new funding sources for the provision of high-quality local CASA programs in each judicial district or in adjacent judicial districts.

(3) Beginning July 1, 2019, and at least annually thereafter, the office of the child's representative shall allocate money appropriated to the state judicial department for CASA programs to the state CASA entity for allocation to local CASA programs. The state CASA entity shall report to the office of the child's representative regarding its duties described in subsection (2) of this section within one month before receiving an allocation.

(4) The state CASA entity, in consultation with local CASA programs, shall annually establish a formula for the allocation of money appropriated and shall allocate money to the local CASA programs in accordance with the established allocation formula. The allocation formula must be provided to the office of the child's representative no later than June 15, 2019, and each June 15 thereafter, prior to the state CASA entity receiving its annual allocation. On a schedule described in the contract, but at least annually, the state CASA entity shall provide to the office of the child's representative a certification from each local CASA program of the amount that program received from each allocation since the prior certification.

(5) On or before November 1, 2020, and on or before November 1 each year thereafter, the state CASA entity shall report its activities and the activities of each local CASA program to the office of the child's representative.

(6) (a) The state court-appointed special advocate fund, referred to in this subsection (6) as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (6)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The money in the fund is subject to annual appropriation by the general assembly to the state judicial department for the purposes of funding local CASA programs established in each judicial district, or in adjacent judicial districts, pursuant to this part 2, and the enhancement of local CASA programs. Any money not appropriated remains in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.

(b) The office of the child's representative may seek, accept, and expend gifts, grants, or donations from private or public sources to fund the work of the state CASA entity. The office of the child's representative shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
C.R.S. § 19-1-203 — CO Code / Title 19 / Article 1 / Part 2 / Section 19-1-203
19-1-203. Program director
Status: in_force

19-1-203. Program director. (1) The program director shall be responsible for the administration of the CASA program, including recruitment, selection, training, and supervision and evaluation of staff and CASA volunteers.

(2) The program director shall serve as a professional liaison between the court and community agencies serving children.
C.R.S. § 19-7-103 — CO Code / Title 19 / Article 7 / Part 1 / Section 19-7-103
19-7-103. Access to extracurricular activities - legislative declaration - rules
Status: in_force

19-7-103. Access to extracurricular activities - legislative declaration - rules. (1) The general assembly finds and declares that it is important for youth in foster care, excluding those in the custody of the division of youth services or a state mental hospital, to have increased access to normative, developmentally appropriate extracurricular activities to help prepare them for independence. Foster parents and group home parents or group center administrators shall make a reasonable effort to allow a youth in their care to participate in extracurricular, cultural, educational, work-related, and personal enrichment activities. The department of human services shall promulgate rules for the implementation of this section. The rules must address policies, including but not limited to waiver of any fingerprint-based criminal history records checks for community entities, excluding all individuals required to obtain a fingerprint-based criminal history records check pursuant to section 26-6-912 or 26.5-5-316, providing extracurricular activities and guidelines for determining in what situations it is appropriate to waive fingerprint-based criminal history records checks, to allow youth in foster care, excluding those in the custody of the division of youth services or a state mental hospital, who are twelve years of age and older to participate in age-appropriate extracurricular enrichment, social activities, and activities designed to assist those youth to make the transition to independence, build life skills, and enhance opportunities to make positive connections.

(2) If the state department of human services or a county department of human or social services waives the fingerprint-based criminal history record checks pursuant to subsection (1) of this section, the state department of human services or county department of human or social services are not subject to liability pursuant to the extent provided by article 10 of title 24.
C.R.S. § 19-2.5-306 — CO Code / Title 19 / Article 2.5 / Part 3 / Section 19-2.5-306
19-2.5-306. Conditions of release - personal recognizance bond
Status: repealed

19-2.5-306. Conditions of release - personal recognizance bond. (1) Unless the district attorney consents, a juvenile charged or accused of having committed a delinquent act that constitutes a felony or a class 1 misdemeanor shall not be released without an unsecured personal recognizance bond, if:

(a) The juvenile has been found guilty of a delinquent act constituting a felony or class 1 misdemeanor within one year prior to the juvenile's detention;

(b) The juvenile is currently at liberty on another bond of any type; or

(c) The juvenile has a delinquency petition alleging a felony pending in any district or juvenile court for which probable cause has been established.

(2) In lieu of an unsecured personal recognizance bond, a juvenile who the court determines poses a substantial risk of serious harm to others may be placed in a preadjudication service program established pursuant to section 19-2.5-606.

(3) An application for the revocation or modification of the conditions of an unsecured personal recognizance bond must be made in accordance with section 16-4-109; except that the presumption described in section 19-2.5-305 (3)(a)(V) must continue to apply for the purposes of this section.

(4) (a) In determining the conditions of release for the juvenile, the judge or magistrate fixing the same shall consider the criteria set forth in section 16-4-103. If the juvenile is a pregnant or postpartum juvenile who has complied with the notice requirement set forth in section 19-2.5-1118.5, the judge or magistrate shall consider the juvenile's pregnancy or postpartum status in determining the conditions of release.

(a.5) The judge or magistrate is encouraged to take into consideration the juvenile's educational progress and ability to achieve credits toward graduation.

(b) In setting, modifying, or continuing an unsecured personal recognizance bond, it must be a condition that the released juvenile appear at any place and upon any date to which the proceeding is transferred or continued. Further conditions of the unsecured personal recognizance bond must be that the released juvenile not commit any delinquent acts or harass, intimidate, or threaten any potential witnesses. Except as described in subsection (9) of this section, the judge or magistrate may set any other conditions or limitations on the juvenile's release as are reasonably necessary for the protection of the community. A juvenile who is ordered held at the detention hearing or pursuant to an order entered at any time after the initial detention hearing and who remains in custody or detention must be tried on the charges within sixty days after the entry of the court order detaining the juvenile or within sixty days after the juvenile's entry of a plea, whichever date is earlier; except that, if the juvenile requests a jury trial pursuant to section 19-2.5-610, section 19-2.5-610 (4) applies.

(5) Repealed.

(6) The court shall not order that any personal recognizance bond be secured by monetary or property conditions of the juvenile, the juvenile's parent, guardian, legal custodian, or other responsible adult.

(7) The parent, guardian, legal custodian, or any other responsible adult for a juvenile released on a personal recognizance bond pursuant to this section may petition the court to revoke the bond and remand the juvenile into custody if the parent, guardian, legal custodian, or other responsible adult determines that he or she is unable to control the juvenile. The court shall apply the presumption specified in section 19-2.5-305 (3)(a)(V) in determining whether to revoke the personal recognizance bond.

(8) A juvenile may be released on an unsecured personal recognizance bond, or as otherwise provided in this section regardless of whether the juvenile appears in court pursuant to a summons or a warrant.

(9) A judge or magistrate may only impose an unsecured personal recognizance bond without monetary or property conditions to secure the juvenile's future appearance. A judge or magistrate shall not impose a bond with secured monetary or property conditions for a juvenile.
C.R.S. § 19-2.5-1506 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1506
19-2.5-1506. Detention center sexual assault prevention program - reports
Status: in_force

19-2.5-1506. Detention center sexual assault prevention program - reports. (1) The division of youth services created in section 19-2.5-1501 shall develop, with respect to sexual assaults that occur in juvenile facilities, policies and procedures to:

(a) Require disciplinary action for employees who fail to report incidences of sexual assault to the inspector general;

(b) Require the inspector general, after completing an investigation for sexual assault, to submit the findings to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;

(c) Prohibit retaliation and disincentives for reporting sexual assaults;

(d) Provide, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure victim safety by separating the victim from the assailant, if known;

(e) Ensure the confidentiality of prison rape complaints and protection of juveniles who make complaints of prison rape;

(f) Provide acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;

(g) Provide, at intake and periodically thereafter, division-of-youth-services-approved, easy-to-understand information developed by the division of youth services on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling;

(h) Provide sexual-assault-specific training to division of youth services mental health professionals and all employees who have direct contact with juveniles regarding treatment and methods of prevention and investigation;

(i) Provide confidential mental health counseling to victims of sexual assault;

(j) Monitor victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; and

(k) Require termination of an employee who engages in a sexual assault on or sexual conduct with a juvenile consistent with constitutional due process protections and state personnel system laws and rules.

(2) Investigators trained in the investigation of sex crimes shall investigate allegations of sexual assault. The investigation must include, but need not be limited to, use of forensic rape kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence.

(3) The division of youth services shall annually report the data that it is required to compile and report to the federal bureau of justice statistics as required by the federal "Prison Rape Elimination Act of 2003", Pub.L. 108-79, as amended, to the judiciary committees of the house of representatives and the senate, or any successor committees. Notwithstanding section 24-1-136 (11)(a)(I) to the contrary, the reporting requirements in this subsection (3) continue indefinitely.
C.R.S. § 19-2.5-1502.5 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1502.5
19-2.5-1502.5. Bill of rights for youth in a juvenile facility
Status: in_force

19-2.5-1502.5. Bill of rights for youth in a juvenile facility. (1) To realize a vision of greater youth success and safer Colorado communities, the state's policy is that a youth detained or committed to the care and physical custody of a facility, as described in section 19-2.5-1502 (1), has the right to:

(a) Be treated with dignity;

(b) Be free to practice the youth's religious faith, provided that the practices or activities do not pose a threat to the safety, order, or security of the juvenile facility;

(c) Be free from discrimination on the basis of race, color, religion, sex, pregnancy, disability, age, marital status, ethnicity, national origin, gender orientation, or sexual identity;

(d) Receive reasonable accommodations related to a disability;

(e) Vote if the youth has the legal right to do so; and

(f) Be free from corporal punishment; harassment; mental or physical abuse; intimidation; property damage; humiliation; or interference with the normal bodily functions of eating, sleeping, or using the bathroom.

(2) In addition to the other rights granted pursuant to this section, a youth detained or committed to the care and physical custody of a juvenile facility operated by the department of human services has the right to:

(a) Have reasonable access to media and information about the world outside the facility, both locally and nationally;

(b) Review the youth's own record, as allowed by law;

(c) Have reasonable access to phone calls to approved friends, family, and other supports;

(d) Exercise physically on a daily basis, in accordance with the youth's preferences, if reasonable and practicable;

(e) Be informed of facility rules within twenty-four hours after the youth's placement in the facility and have the same rules available on the division of youth services' website, at the juvenile facility, and upon request to the youth's parent or legal guardian;

(f) Be free from mandatory unpaid work outside of basic youth responsibilities such as daily clean-up and maintenance of living areas; and

(g) Live in a trauma-responsive environment informed by trauma-informed practices.

(3) In addition to the other rights granted pursuant to this section, a youth detained or committed to the care and physical custody of a juvenile facility operated by the department of human services has the following rights related to medical care:

(a) Access to a health-care provider within seventy-two hours after a request for care, or sooner if the circumstances warrant, to assess the need for medically necessary care;

(b) Access to behavioral health services within seventy-two hours after a request for care, or sooner if the circumstances warrant, to assess the need for medically necessary care;

(c) Under the direction of a division of youth services qualified health-care provider, access to necessary and appropriate medications, including medications for substance withdrawal and medication-assisted treatment;

(d) The right to refuse the administration of any pharmaceutical product;

(e) Access to health care related to pregnancy and reproductive health, including prenatal, perinatal, and postnatal care;

(f) The rights provided to a pregnant or postpartum juvenile pursuant to section 19-2.5-1118.5, including, but not limited to, the right to access a pregnancy test and keep the results confidential; the right to have the pregnancy and postpartum periods considered in seeking a stay of execution of sentence; and a consideration of sentence reduction;

(g) Freedom from leg and waist restraints while pregnant and immediately after delivery; and

(h) Access to gender-affirming care.

(4) In addition to the other rights granted pursuant to this section, a youth detained or committed to the care and physical custody of a juvenile facility operated by the department of human services has the following rights related to legal issues:

(a) Access to the youth's legal representative, unencumbered access to courts, confidential phone calls and visits with the youth's legal counsel, and the timely delivery of letters to the youth's legal counsel;

(b) Unimpeded phone access to the office of the child protection ombudsman hotline and the agency designated pursuant to the federal "Protection and Advocacy for Individuals with Mental Illness Act", 42 U.S.C. sec. 10801 et seq., as amended, as the state's protection and advocacy system;

(c) The right to file a grievance with staff or a complaint with the office of the child protection ombudsman or the agency designated pursuant to the federal "Protection and Advocacy for Individuals with Mental Illness Act", 42 U.S.C. sec. 10801 et seq., as amended, as the state's protection and advocacy system and not to be subject to punishment or retaliation as a result;

(d) The right to file a grievance in accordance with the division of youth services' policies if the youth feels any of the rights accorded to the youth pursuant to this section have been violated and not to be subject to punishment or retaliation as a result; and

(e) The right to due process in a disciplinary proceeding.

(5) In addition to the other rights granted pursuant to this section, a youth detained or committed to the care and physical custody of a juvenile facility operated by the department of human services has the following rights:

(a) To not be placed in housing units solely allocated to groups of youth based on the youth's sexual orientation or status as a transgender, non-binary, or intersex youth;

(b) Freedom from searches that are intended solely to determine the youth's physical anatomy;

(c) After review and approval, use of the youth's preferred name and gender, even if not legally updated;

(d) The provision of clothing that fits appropriately; is in accordance with the youth's gender identity; and ensures the youth's safety, dignity, and comfort;

(e) Freedom of expression, provided the expression does not interfere with the rights or safety of others or the safety of the facility;

(f) Personal appearance of the youth's choosing, including facial and head hair, regardless of the youth's gender or gender identity, if it does not interfere with safety and allows for reasonable identification by staff;

(g) Participation in all activities, regardless of the youth's gender identity, unless the activity is a gender-responsive program and the facility director determines that participants of differing genders would be disruptive to the group;

(h) Searches that take into account the youth's privacy and dignity and access to written policies concerning who may perform searches at any time, including policies on cross-gender searches of transgender youth;

(i) After review and approval, an intake and search with an employee matching the youth's gender identity;

(j) Completion of a form with the youth upon intake that details the youth's gender identity;

(k) Confidentiality concerning the youth's gender identity and medical and mental health history, in accordance with existing law; and

(l) Access to separate showers and bathrooms consistent with the youth's gender identity.

(6) In addition to the other rights granted pursuant to this section, a youth detained or committed to the care and physical custody of a juvenile facility operated by the department of human services has the following rights related to education:

(a) Access to grade-level work and transferable credit for educational courses that will count toward a diploma, whether the youth is from a facility operated by the department of human services or a public school;

(b) The opportunity to take classes, to the extent feasible, that prepare the youth for the youth's desired future, including courses required for college admission, if that is the youth's goal;

(c) If the youth is committed to the care and physical custody of the department of human services and has obtained a GED or a high school diploma, access to post-secondary education;

(d) The full, fair, and equal opportunity to participate, to the extent feasible, in educational and vocational programs, including a school-to-work alliance program, if eligible. Before the department of human services may deny a youth the right to educational or vocational services, the department of human services shall present substantial evidence to justify the denial of this right.

(e) For a youth with a disability recognized by section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended; the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; or Colorado's "Exceptional Children's Educational Act", article 20 of title 22, access to a free and appropriate public education.

(7) The department of human services shall update the handbook used by the division of youth services to include the bill of rights set forth in subsections (1) to (6) of this section. The division of youth services shall ensure that every youth who is committed to the care and physical custody of the department of human services receives a copy of the handbook, including the bill of rights.
C.R.S. § 19-2.5-402 — CO Code / Title 19 / Article 2.5 / Part 4 / Section 19-2.5-402
19-2.5-402. Juvenile diversion program - authorized - report - allocation of money - legisla
Status: repealed

19-2.5-402. Juvenile diversion program - authorized - report - allocation of money - legislative declaration - definitions. (1) (a) In order to more fully implement the stated objectives of this title 19, the general assembly declares its intent to establish a juvenile diversion program that integrates restorative justice practices to provide community-based alternatives to the formal court system to reduce juvenile crime and recidivism and improve positive juvenile outcomes, change juvenile offenders' behavior and attitudes, promote juvenile offenders' accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by juvenile crime, and reduce the costs within the juvenile justice system.

(b) Research has shown that court involvement for juveniles not identified as a risk of harm to others is harmful, and most low-risk juveniles grow out of their behavior and stop reoffending without system intervention.

(c) The goals of the diversion programs are to:

(I) Prevent further involvement of a juvenile in the formal legal system;

(I.5) Consider a juvenile who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental or behavioral health issue, or lack of mental capacity, and divert the juvenile out of the juvenile justice system and into a community treatment program;

(II) Provide an eligible juvenile with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the juvenile's risk of reoffending;

(III) Serve the best interest of a juvenile while emphasizing acceptance of responsibility and repairing any harm caused to victims and communities;

(IV) Reduce recidivism and improve positive outcomes for each juvenile through the provision of services, if warranted, that address the juvenile's specific needs and are proven effective; and

(V) Ensure appropriate services are available for all eligible juveniles.

(2) The division of criminal justice of the department of public safety, referred to in this section as the "division of criminal justice", is authorized to establish and administer a juvenile diversion program that seeks to divert juveniles from the juvenile justice system and integrate restorative justice practices. To effectuate the program, the division shall allocate money within each judicial district and may contract with district attorneys' offices, governmental units, and nongovernmental agencies for reasonable and necessary expenses and services to serve each judicial district to divert juveniles and provide services, if warranted, for each eligible juvenile through community-based programs providing an alternative to entry into the formal legal system, a petition filed pursuant to section 19-2.5-502, or an adjudicatory hearing pursuant to section 19-2.5-907.

(3) For purposes of this section:

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

(b) "Diversion" is defined in section 19-2.5-102.

(c) "Governmental unit" means any county, city and county, city, town, district or judicial attorney's office, or school district.

(d) "Nongovernmental agency" means a person, private nonprofit agency, corporation, association, or other nongovernmental agency.

(d.5) "Restorative justice" has the same meaning as set forth in section 19-1-103.

(e) "Services" may include, but are not limited to, provision of diagnostic needs assessment, general counseling and counseling during a crisis situation, behavioral health services, services for juveniles with developmental disabilities, specialized tutoring, job training and placement, restitution programs, community service, constructive recreational activities, day reporting and day treatment programs, and follow-up activities.

(4) District attorneys' offices or the office's designees shall:

(a) On and after January 1, 2021, conduct a risk screening using a risk screening tool selected pursuant to section 24-33.5-2402 (1)(c), as it existed prior to its repeal in 2022, for all juveniles referred to the district attorney pursuant to section 19-2.5-201, unless the juvenile is currently committed or on parole, a determination has already been made to divert the juvenile, or the district attorney declines to file charges, dismisses the case, or charges the juvenile with a class 1 or class 2 felony. The district attorney's office shall conduct the risk screening or contract with an alternative agency that has been formally designated by the district attorney's office to conduct the screening, in which case the results of the screening must be made available to the district attorney's office. The entity conducting the screening shall make the results of the risk screening available to the juvenile and the juvenile's family. All individuals using the risk screening tool must receive training on the appropriate use of the tool. The risk screening tool is for informing decisions about diversion. The risk screening tool and any information obtained from a juvenile in the course of any screening, including any admission, confession, or incriminating evidence, obtained from a juvenile in the course of any screening or assessment in conjunction with proceedings pursuant to this section or made in order to participate in a diversion or restorative justice program is not admissible into evidence in any adjudicatory hearing in which the juvenile is accused and is not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.

(a.5) Use the results of the risk screening to inform eligibility for participation in a juvenile diversion program and the level and intensity of supervision for juvenile diversion;

(b) Repealed. / (Deleted by amendment, L. 2021.)

(b.5) Consider the use of diversion to prevent a juvenile who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity from further involvement in formal delinquency proceedings.

(c) Not deny diversion to a juvenile based on the juvenile's:

(I) Ability to pay;

(II) Previous or current involvement with the state or county departments of human or social services;

(III) Age, race or ethnicity, gender, gender identity, gender expression, or sexual orientation;

(IV) Legal representation; or

(V) Behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity, unless the behaviors or symptoms are so severe that the juvenile cannot understand or participate in diversion.

(c.5) In a case in which a juvenile demonstrates behaviors or symptoms that are so severe that the juvenile cannot understand or participate in diversion, consider all available alternatives, including, but not limited to, referral to the state department or a collaborative management program in lieu of adjudication if it is likely that a juvenile would be found incompetent and unlikely to be restored in the foreseeable future.

(d) Align the juvenile diversion program's policies and practices with evidence-based practices and with the definition of "diversion" pursuant to section 19-2.5-102;

(e) Collect and submit data to the division of criminal justice pursuant to subsection (5) of this section; and

(f) Establish and make public any eligibility criteria for participation in a juvenile diversion program and use the results of the risk screening to make decisions on eligibility criteria.

(4.5) Diversion programs may use the results of an approved validated assessment tool to inform:

(a) The level and intensity of supervision for juvenile diversion;

(b) The length of supervision for juvenile diversion; and

(c) What services, if any, may be offered to the juvenile. Professionals involved with the juvenile's needs, treatment, and service planning, including district attorneys, public defenders, probation, behavioral health treatment providers, providers who offer services to juveniles for developmental disabilities, and state and local governmental entities, such as the state department of human services and county departments of human or social services, nongovernmental agencies, and individuals collaborating to provide appropriate diversion services.

(5) (a) The division of criminal justice, in collaboration with district attorneys or diversion program directors who accept formula money and programs providing juvenile diversion services, shall establish minimum data collection requirements and outcome measures that each district attorney's office, governmental unit, and nongovernmental agency shall collect and submit annually for all juveniles referred to the district attorney pursuant to section 19-2.5-201. The data summary must include, at a minimum:

(I) Demographic data on age, race or ethnicity, gender, sexual orientation, and gender identity;

(II) Risk screening conducted;

(III) Risk level as determined by the risk screening or, if a screening was not completed, the reason why a screening was not completed;

(IV) Offense;

(V) Diversion status;

(VI) Service participation and whether the service was provided by community partners or in-house;

(VII) Program completion data;

(VIII) Referral to restorative justice services;

(IX) Child welfare involvement; and

(X) Identifying data necessary to track the long-term outcomes of diverted juveniles.

(b) Notwithstanding the requirements of section 19-1-303 to the contrary, on or before August 1, 2021, and continuing every August 1 thereafter, each district attorney shall report to the division of criminal justice the name and demographic data for any juvenile who was granted juvenile diversion for a ticket, summons, or offense since the date of the previous report. The demographic data must include age, race and ethnicity, gender, sexual orientation, and gender identity. The reports must cover the state fiscal years from July 1 through June 30.

(c) On or before August 1, 2021, and every August 1 thereafter, each agency that receives diversion money pursuant to subsection (7) of this section shall report on the number of juveniles who were screened for eligibility for diversion since the date of the previous report but subsequently rejected. The report must include, at a minimum, demographic data such as age, race and ethnicity, gender, sexual orientation, and gender identity. The reports must cover the state fiscal years from July 1 through June 30.

(d) For the purposes of this subsection (5), when collecting demographic data from a youth, district attorneys' offices, governmental units, and nongovernmental agencies shall provide the youth with an option to decline to disclose demographic information.

(6) (a) In collaboration with the division of criminal justice in the department of public safety, each program providing services pursuant to this section shall develop objectives and report progress toward such objectives as required by rules promulgated by the director.

(b) The director shall regularly monitor these diversion programs to ensure that progress is being made to accomplish the objectives of this section. The division of criminal justice shall offer technical assistance to district attorneys' offices, governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data and to support program development and adherence to program requirements. The division of criminal justice shall provide annual program-level reports to district attorneys' offices and submit a consolidated statewide report annually to the governor and 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. Notwithstanding section 24-1-136 (11)(a)(I), these reports continue indefinitely.

(7) The formula established by the division of criminal justice in the department of public safety must be used to allocate money within each judicial district in the state of Colorado for juvenile diversion programs. The division of criminal justice in the department of public safety shall review the formula every three years. The division of criminal justice shall prioritize funding for programs that include restorative justice practices. The division of criminal justice may contract with district attorneys' offices, governmental units, and nongovernmental agencies for reasonable and necessary expenses for services to serve each judicial district to utilize in diverting juveniles and to provide services, if warranted, for eligible juveniles through community-based programs that provide an alternative to entry into the formal legal system, a petition filed pursuant to section 19-2.5-502, or an adjudicatory hearing held pursuant to section 19-2.5-907.

(8) (a) The director may implement a behavioral or mental health screening program to screen juveniles who participate in the juvenile diversion program. If the director chooses to implement a behavioral or mental health screening program, the director shall use the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b), as it existed prior to its repeal in 2022, and conduct the screening in accordance with procedures established pursuant to that section.

(b) Prior to implementation of a behavioral or mental health screening program pursuant to this subsection (8), if implementation of the program would require an increase in appropriations, the director shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health screening program. If implementation of the behavioral or mental health screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request.

(9) (a) The division of criminal justice in the department of public safety shall review, and approve if appropriate, any assessment instrument for use pursuant to subsection (4.5) of this section.

(b) The division of criminal justice in the department of public safety shall reevaluate any instrument approved pursuant to subsection (9)(a) of this section at least once every three years.
C.R.S. § 19-2.5-1301 — CO Code / Title 19 / Article 2.5 / Part 13 / Section 19-2.5-1301
19-2.5-1301. Appeals
Status: in_force

19-2.5-1301. Appeals. (1) Appellate procedure is governed by the Colorado appellate rules. Initials must appear on the record on appeal in place of the juvenile's and other respondents' names. Appeals must be advanced on the calendar of the appellate court and decided at the earliest practical time.

(2) The prosecution in a delinquency case may appeal any decision of the trial court as provided in section 16-12-102.
C.R.S. § 19-2.5-1502 — CO Code / Title 19 / Article 2.5 / Part 15 / Section 19-2.5-1502
19-2.5-1502. Human services facilities - authority
Status: in_force

19-2.5-1502. Human services facilities - authority. (1) The department of human services shall establish and operate facilities necessary for the care, education, training, treatment, and rehabilitation of juveniles legally committed to its custody pursuant to section 19-2.5-1127 or 19-2.5-1103. As necessary and when money is available for such purposes, the facilities may include but are not limited to:

(a) Group care facilities and homes, including halfway houses, nonresidential transition programs, day reporting and day treatment centers, and staff secure facilities;

(b) Training schools;

(c) Conservation camps;

(d) Diagnostic and evaluation centers and receiving centers; and

(e) Any programs necessary to implement the purposes of this section for juveniles in community placement.

(2) The department of human services shall cooperate with other governmental units and agencies, including appropriate local units of government, state departments and institutions, and agencies of the federal government in order to facilitate youth training and rehabilitation.

(3) Once a juvenile is committed to the department of human services, the juvenile shall remain in a facility directly operated by the department of human services or in a secure facility contracted for by the department of human services until the juvenile's commitment expires as provided by law, parole status is granted pursuant to part 12 of this article 2.5, or a community placement is approved by order of the juvenile court and by a juvenile community review board, if one exists in the county of proposed placement.

(4) The department of human services shall contract with the department of corrections to house in an appropriate facility operated by the department of human services and, as appropriate, to provide services to any juvenile under the age of fourteen years who is sentenced as an adult to the department of corrections. On reaching fourteen years of age, any juvenile sentenced to the department of corrections shall be transferred to an appropriate facility operated by the department of corrections for the completion of the juvenile's sentence.
C.R.S. § 19-1-121 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-121
19-1-121. Confidentiality of records - "Uniform Parentage Act"
Status: repealed

19-1-121. Confidentiality of records - "Uniform Parentage Act". (Repealed)
C.R.S. § 19-5-305 — CO Code / Title 19 / Article 5 / Part 3 / Section 19-5-305
19-5-305. Access to adoption records - contact with parties to adoption - contact preferen
Status: in_force

19-5-305. Access to adoption records - contact with parties to adoption - contact preference form and updated medical history statement - definitions. (1) Confidentiality. All adoption records are confidential from the general public and must remain confidential except as described in subsections (1.5) and (2) of this section or upon demonstration of good cause pursuant to section 19-1-309 or as otherwise provided by law.

(1.5) Contact preference forms and updated medical history statements from birth parents. (a) The state registrar shall prescribe and make available to a birth parent named on an original birth certificate in the records of the state registrar a contact preference form on which the birth parent may indicate a preference regarding contact by the adult adoptee, an adult descendant of the adoptee, or a legal representative of the adoptee or descendant. The purpose of the contact preference form is to allow the birth parent the opportunity to indicate a preference to be contacted directly, to be contacted through a third party, or not to be contacted by other parties.

(b) The form must also include space for a written statement by the birth parent, which may include updated medical history about the birth parent or other biological relatives, an explanation for the stated contact preference, or other information for the party seeking records. The medical history statement form must indicate that the birth parent is waiving confidentiality of any medical information supplied in the statement with respect to the adoptee, an adult descendant of the adoptee, or a legal representative of such individual, and to the state registrar or his or her designees.

(c) The state registrar shall maintain the contact preference form and the medical history statements, if any, and make them accessible to an individual who is an eligible party allowed to receive adoption records as described in subparagraph (I) of paragraph (b) of subsection (2) of this section and who submits a written application form, proof of identity, and an explanation of the individual's relationship to the adoptee, if applicable. The state registrar is authorized to verify the submission of a contact preference form or an updated medical history statement and to provide a copy of a contact preference form to a confidential intermediary appointed pursuant to section 19-5-304 or to a designated employee of a child placement agency who is searching pursuant to subparagraph (III) of paragraph (b) of subsection (3) of this section. The state registrar shall maintain and make available to the public accurate statistics about the number of contact preference forms on file with the state registrar and how many of the forms state a preference for contact, no contact, or contact through a third party.

(d) (I) As used in this section, "eligible party" means a person who is eligible under subparagraph (I) of paragraph (b) of subsection (2) of this section to have access to adoption records.

(II) The option on the contact preference form that allows a birth parent to authorize or not authorize the release of the original birth certificate to eligible parties expires on January 1, 2016. The state registrar shall revise the contact preference form to eliminate this option, effective January 1, 2016, and shall neither distribute nor accept contact preference forms on or after January 1, 2016, that contain an option regarding such release. On and after January 1, 2016, contact preference forms shall only address a birth parent's preferences regarding contact and the ability to submit an explanation for the stated contact preference and to submit or update medical history. A child placement agency is not liable to any person for the failure of a birth parent to submit a contact preference form to the state registrar. On and after July 1, 2014, the state registrar shall post a notice on the website of the office of the state registrar of vital statistics stating that the contact preference form will be revised to eliminate the option to authorize or object to the release of the original birth certificate and that birth parents may exercise this option prior to January 1, 2016.

(III) Prior to allowing access to and providing a copy of an original birth certificate to an eligible party, the state registrar must perform a diligent search for a contact preference form executed prior to January 1, 2016, to ascertain if either birth parent had stated a preference authorizing or not authorizing the release of the original birth certificate to eligible parties. If both birth parents have filed a contact preference form executed prior to January 1, 2016, stating a preference to authorize the release of the original birth certificate, then the state registrar must release the original birth certificate to the eligible party. If there is no contact preference form on file prior to January 1, 2016, from a birth parent named on the original birth certificate, or if a contact preference form executed prior to January 1, 2016, is on file that states a preference that the original birth certificate not be released, then the state registrar may not release the original birth certificate to the eligible party prior to January 1, 2016, unless the birth parent rescinds the contact preference form, upon mutual consent of two or more reunited parties, the birth parent is deceased, or the eligible party obtains a court order pursuant to section 19-1-309. When one birth parent has authorized the release of the birth certificate and the other birth parent has filed a contact preference form prior to January 1, 2016, not authorizing release, the state registrar shall issue the original birth certificate to the eligible party with the name of the nonconsenting parent redacted.

(2) Legislative declaration - access to adoption records. (a) The general assembly takes note that the law in Colorado regarding access to adoption records has treated persons differently depending upon the law in effect upon the date of the adoption of the adoptee and that the statutory scheme has been confusing, complicated, and ambiguous. By repealing and reenacting provisions of this section to remove those varying time periods and varying levels of access or nonaccess to adoption records by an adult adoptee or by a birth parent, it is the intent of the general assembly that access to adoption records no longer be dependent upon the law in effect on the date of the finalization of adoption. The general assembly declares that the purpose of the revision of this subsection (2) is to make the access to adoption records by members of the adoption triad more uniform as outlined in this subsection (2). The general assembly further declares that it is the intent of the general assembly to not abrogate, limit, or change the holding in or affect any rights created under In re J.N.H., 209 P.3d 1221 (Colo. App. 2009) with respect to access by an adult adoptee to the names of his or her birth parents and to all court records and papers regarding the adoption of the adult adoptee. The general assembly further declares that in construing this section, the courts should liberally construe this section in favor of releasing the records.

(b) Subject to subsection (4) of this section and in addition to information exchanged in a designated adoption or inspection authorized by a court upon good cause shown pursuant to section 19-1-309, access to adoption records by certain parties is governed by the following provisions:

(I) (A) Adult adoptees, their descendants, and adoptive family members. Upon request, the custodian of records shall provide direct access, without redaction, to all adoption records, as defined in section 19-1-103, for inspection and copying by an adult adoptee, an adoptive parent of a minor adoptee, a custodial grandparent of a minor adoptee, or the legal representative of any such individual. In addition, the custodian of records shall provide direct access to adoption records for inspection and copying by a spouse of an adult adoptee, an adult descendant of an adoptee, an adult sibling or half-sibling of an adult adoptee, an adoptive parent or grandparent of an adult adoptee, or the legal representative of any such individual, if the individual requesting access has the notarized written consent of the adult adoptee or if the adult adoptee is deceased.

(B) Access by an adult adoptee or descendant to the original birth certificate and amended birth certificate of a sibling with a common birth parent. Upon proof of evidence of at least one common birth parent between an adult adoptee and a sibling or half-sibling, the custodian of records shall provide, without redaction, to an adult adoptee, a descendant of the adult adoptee, or a legal representative of the adult adoptee or descendant direct access to a noncertified copy of the unaltered original birth certificate and the amended birth certificate of an adult sibling or half-sibling who was born, relinquished, or adopted in the state of Colorado, subject to the provisions of subsection (4) of this section.

(II) Access by a birth parent to the original birth certificate. A birth parent who relinquished a child for adoption, whose termination of the parent-child legal relationship was not the result of a dependency and neglect action, and who signed or is named on the original birth certificate may apply to the state registrar for and obtain a noncertified copy of the unaltered original birth certificate of the child he or she relinquished if the child was born in this state, or if the child's adoption was finalized in this state, or both.

(III) (A) Access to death certificates of deceased parties. Upon request of an eligible party or a birth parent as described in subparagraph (II) of this paragraph (b), the state registrar shall conduct a search of death certificates to determine whether an adoptee or a birth parent is deceased. If the state registrar finds a death certificate for the adult adoptee or the birth parent, then the state registrar shall provide a copy to the eligible party. The state registrar may collect a fee for conducting a search and for making a copy of the death certificate.

(B) Access to records pertaining to a deceased party. If an eligible party or a birth parent as described in subparagraph (II) of this paragraph (b) applies to a custodian of records for access to records about an adult adoptee or a birth parent and the custodian of records determines that the person whose records are being sought is deceased or can reasonably be presumed to be deceased based on the known or estimated date of birth of the sought party, the custodian of records shall provide direct access to the records for inspection and copying by the eligible party.

(IV) Proof of identification and fees. Prior to releasing any records to any eligible party allowed to receive records pursuant to this subsection (2), the custodian of records must require the eligible party requesting access to provide proof of identification. The custodian of records may charge reasonable fees for providing copies of records. The state registrar shall transmit all moneys collected pursuant to subparagraph (III) of this paragraph (b) and this subparagraph (IV) to the state treasurer, who shall credit the same to the vital statistics records cash fund created in section 25-2-121, C.R.S.

(V) Release of records by child placement agencies and prior written statements of birth parents. Notwithstanding subsection (2)(b)(I) of this section, the adoption records, as defined in section 19-1-103, in the possession of a child placement agency are not open for inspection or available for copying with respect to any identifying information concerning a birth parent if the birth parent has previously provided the court and the child placement agency, if applicable, with a signed and notarized written statement, within three years after the final order of relinquishment or termination of the parent-child legal relationship, specifying that such parent wishes the identifying information concerning that parent to remain confidential; except that the adoption records in the possession of a child placement agency may be open for inspection and made available for copying with respect to identifying information concerning a birth parent if a birth parent provides a consent form, as defined in section 19-1-103, to the child placement agency consenting to the release of identifying information and the release of identifying information is consistent with the provisions of subsection (3) of this section. A written statement specifying that a birth parent wishes the identifying information concerning that parent on file with a child placement agency to remain confidential must remain in the court's and the child placement agency's relinquishment or termination file unless later withdrawn by the parent or superceded by a consent form. A child placement agency is not liable to any individual for the failure of a birth parent to submit such a written statement to the court. In addition to such a statement, the birth parent may also submit to the court and to the child placement agency a letter of explanation that the court and the child placement agency must release to the adoptee at the time that the adoptee makes a request for inspection of the adoption records. This subsection (2)(b)(V) applies only to adoption records in the possession of child placement agencies and does not apply to adoption records in the possession of the court or any other agency, entity, or person.

(3) Access to identifying information through child placement agencies. (a) Upon proof of identity of the person submitting the consent form, a licensed child placement agency shall accept and may seek a consent form, as that term is defined in section 19-1-103, from an adult adoptee or from either adult adoptee's birth parent or from an adoptive parent of a minor adoptee or from the legal representative of a minor adoptee authorizing the release of identifying information, as that term is defined in section 19-1-103, concerning the person submitting the consent form, to the extent such information is available to the child placement agency. If only one birth parent has filed a consent form with the child placement agency, the child placement agency or any succeeding custodian of the records shall provide a copy of the identifying information without the name of and without identifying information about the nonconsenting birth parent.

(b) (I) Upon inquiry by an adult adoptee or an adult adoptee's birth parent or an adoptive parent of a minor adoptee seeking information about another party from a licensed child placement agency, the child placement agency shall be authorized to release identifying information to the inquiring person, upon proof of identity by the inquiring person, if the licensed child placement agency is in possession of a consent form from the party about whom information is sought authorizing such release.

(II) In those circumstances in which a child placement agency has released identifying information pursuant to paragraph (a) of this subsection (3), the child placement agency may attempt to locate at the last-known address the person who had originally submitted the consent form and, upon locating such person, advise him or her of the release and provide him or her with the opportunity to fill out a contact preference form and updated medical history statement as prescribed in subsection (1.5) of this section. If the inquiring person also submitted a consent form authorizing the release of identifying information about him or her, the child placement agency may provide such identifying information to the person located.

(III) A child placement agency that accepts a consent form may perform a search for the sought party, subject to the requirement that an employee designated by the child placement agency to perform a search and to contact the sought party shall have completed training that meets the standards set forth by the adoption intermediary commission.

(c) A licensed child placement agency that accepts a consent form may charge a reasonable fee to cover the direct and indirect costs associated with the services provided pursuant to this subsection (3), if a written fee agreement has been signed by the agency and the party submitting the consent form prior to the provision of any service. If a child placement agency charges a fee, then the child placement agency shall make reasonable efforts to locate the person being sought and to release the information the child placement agency obtained to the person located. The licensed child placement agency shall be required to provide a list of names, addresses, and telephone numbers of organizations performing similar services prior to signing any fee agreement with any party submitting a consent form. Information in the post-adoption record is confidential and shall not be disclosed by a licensed child placement agency or any succeeding custodian of the records, or a court except as specifically permitted in this part 3, or as otherwise permitted by law.

(d) The release of any information by a licensed child placement agency pursuant to this subsection (3) shall be subject to the provisions of subsection (4) of this section.

(4) Access to information and contact concerning sibling groups. Notwithstanding the provisions set forth in subsections (1.5), (2), and (3) of this section authorizing access to adoption records and contact with an adoptee, in those circumstances in which one family has adopted two or more siblings, access to the adoption records concerning an adoptee and contact with an adoptee shall not occur until all of the siblings adopted by the family have attained eighteen years of age.

(5) Adult adoptee's restriction on access to records. Notwithstanding the provisions of subsection (2) of this section, an adult adoptee may, at any time, provide the court that finalized the adoption and the child placement agency with a signed and notarized written statement specifying that such adult adoptee wishes to maintain identifying information concerning that adoptee, other than the original birth certificate, confidential. The written statement shall remain in the court's adoption file unless later withdrawn by the adoptee. Nothing in this subsection (5) shall be construed to affect access to records through the confidential intermediary process.

(6) Contact between the parties. Subject to the provisions of subsection (2) of this section, any party may seek to make direct contact with another party or to use the services of a confidential intermediary as provided in section 19-5-304, a licensed child placement agency as provided in subsection (3) of this section, or the voluntary adoption registry maintained by the state registrar as provided in section 25-2-113.5, C.R.S.