C.R.S. § 19-3-305 — CO Code / Title 19 / Article 3 / Part 3 / Section 19-3-305
19-3-305. Required report of postmortem investigation
Status: in_force

19-3-305. Required report of postmortem investigation. (1) Any person who is required by section 19-3-304 to report known or suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report such fact immediately to a local law enforcement agency and to the appropriate medical examiner. The local law enforcement agency and the medical examiner shall accept such report for investigation and shall report their findings to the local law enforcement agency, the district attorney, and the county department.

(2) The county department shall forward a copy of such report to the state department of human services.
C.R.S. § 19-5-217 — CO Code / Title 19 / Article 5 / Part 2 / Section 19-5-217
19-5-217. Enforcement or termination of post-adoption contact agreement
Status: in_force

19-5-217. Enforcement or termination of post-adoption contact agreement. (1) If the decree of adoption contains a post-adoption contact agreement pursuant to section 19-5-208 (4.5), the court retains jurisdiction after the decree of adoption is entered to hear motions to enforce or terminate the contact agreement, or to enter stipulated agreements of the parties to modify the contact agreement.

(2) The court may appoint a guardian ad litem for the adopted child, or a counsel for youth for an adopted child twelve years of age or older, at the time of any action for the enforcement or termination of the post-adoption contact agreement if the court determines that consideration of the factors set forth in section 19-5-103 (9)(a) require the appointment of a guardian ad litem or a counsel for youth. In all adoptions other than those in which the child is placed by the county department, a party or parties shall pay reasonable fees for the services of the guardian ad litem or counsel for youth unless a party is indigent, in which case the office of the child's representative shall pay the fees.

(3) If there is a post-adoption agreement for contact established pursuant to section 19-5-208 (4.5), only a party to the contact agreement, even if he or she is not a party to the adoption, may file a motion to enforce or terminate the contact agreement as set forth in this section.

(4) Prior to filing a motion seeking the enforcement or termination of a post-adoption contact agreement established pursuant to section 19-5-208 (4.5), the party seeking enforcement or termination shall show that the party attempted in good faith to resolve the disputed matters through mediation or other method of dispute resolution. This requirement is waived if the party's whereabouts are unknown and the party cannot be located despite diligent efforts to do so.

(5) The court shall not terminate a post-adoption contact agreement established pursuant to section 19-5-208 (4.5) unless the moving party establishes that there has been a change in circumstances and that the contact agreement is no longer in the adopted child's best interests. Following the adoption, the court shall presume that the adoptive parent's judgement is in the best interests of the child in any action seeking to enforce or terminate the contact agreement, and such presumption may only be overcome by clear and convincing evidence. A post-adoption contact agreement may not limit the adoptive parent's ability to move out of state.

(6) At any time after the entry of a post-adoption contact agreement pursuant to section 19-5-208 (4.5), the parties to the agreement may file with the court a signed, modified post-adoption contact agreement. The court shall not modify the terms of the initial post-adoption contact agreement absent the consent of all parties to the agreement, but the court may enforce or terminate the agreement over the objection of a party to the agreement. An adopted child twelve years of age or older at the time of the adoption must consent to any modification or termination of the contact agreement.

(7) The court may consider documentary evidence and offers of proof in determining motions to enforce or terminate a post-adoption contact agreement established pursuant to section 19-5-208 (4.5), or may, in its discretion, hold a hearing on the motion.

(8) The court shall not order further investigation or evaluation by any public or private agency or individual relating to a post-adoption contact agreement established pursuant to section 19-5-208 (4.5).
C.R.S. § 19-2.5-1126 — CO Code / Title 19 / Article 2.5 / Part 11 / Section 19-2.5-1126
19-2.5-1126. Sentencing - special offenders
Status: in_force

19-2.5-1126. Sentencing - special offenders. (1) The court shall sentence a juvenile adjudicated as a special offender as follows:

(a) Mandatory sentence offender. The court shall place or commit a juvenile adjudicated as a mandatory sentence offender, as described in section 19-2.5-1125 (1), out of the home for not less than one year, unless the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate; except that:

(I) If the person adjudicated as a mandatory sentence offender is eighteen years of age or older on the date of the sentencing hearing, the court may sentence that person to the county jail or to a community correctional facility or program for a period not to exceed two years, if the person has been adjudicated a mandatory sentence offender pursuant to this article 2.5 for acts committed prior to the person's eighteenth birthday; or

(II) The juvenile or person may be released by the committing judge upon a showing of exemplary behavior.

(b) Repeat juvenile offender. The court shall sentence a juvenile adjudicated as a repeat juvenile offender, as described in section 19-2.5-1125 (2), out of the home for not less than one year, unless the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate; except that:

(I) If the person adjudicated as a repeat juvenile offender is eighteen years of age or older on the date of the sentencing hearing, the court may sentence that person to the county jail or to a community correctional facility or program for a period not to exceed two years, if the person has been adjudicated a repeat juvenile offender pursuant to this article 2.5 for acts committed prior to the person's eighteenth birthday; or

(II) The juvenile or person may be released by the committing judge upon a showing of exemplary behavior.

(c) Violent juvenile offender. (I) (A) Upon adjudication as a violent juvenile offender, as described in section 19-2.5-1125 (3), the juvenile must be placed or committed out of the home for not less than one year; except that this subsection (1)(c) does not apply to a juvenile who is ten years of age or older, but less than twelve years of age, when the court finds that an alternative sentence or a commitment of less than one year out of the home would be more appropriate.

(B) Upon adjudication as a violent juvenile offender, if the person is eighteen years of age or older on the date of the sentencing hearing, the court may sentence such person to the county jail or to a community correctional facility or program for a period not to exceed two years, if the person has been adjudicated a violent juvenile offender pursuant to this article 2.5 for acts committed prior to the person's eighteenth birthday.

(II) The court may commit a violent juvenile offender to the department of human services. The court may impose a minimum sentence during which the juvenile must not be released from a residential program without prior written approval of the court that made the commitment.

(d) Aggravated juvenile offender. The court shall sentence an aggravated juvenile offender as described in section 19-2.5-1127.
C.R.S. § 19-1-210 — CO Code / Title 19 / Article 1 / Part 2 / Section 19-1-210
19-1-210. Access to information
Status: in_force

19-1-210. Access to information. Upon appointment of a CASA volunteer, the court shall issue an order authorizing access to such records and other information relating to the child, parent, legal guardian, or other parties in interest as the court deems necessary.
C.R.S. § 19-1-109 — CO Code / Title 19 / Article 1 / Part 1 / Section 19-1-109
19-1-109. Appeals - child welfare appeals workgroup - created - reports
Status: in_force

19-1-109. Appeals - child welfare appeals workgroup - created - reports. (1) An appeal as provided in the introductory portion to section 13-4-102 (1), C.R.S., may be taken from any order, decree, or judgment. Appellate procedure shall be as provided by the Colorado appellate rules. Initials shall appear on the record on appeal in place of the name of the child and respondents. Appeals shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time.

(2) (a) The people of the state of Colorado shall have the same right to appeal questions of law in delinquency cases as exists in criminal cases.

(b) An order terminating or refusing to terminate the legal relationship between a parent or parents and one or more of the children of such parent or parents on a petition, or between a child and one or both parents of the child, shall be a final and appealable order.

(c) An order decreeing a child to be neglected or dependent shall be a final and appealable order after the entry of the disposition pursuant to section 19-3-508. Any appeal shall not affect the jurisdiction of the trial court to enter such further dispositional orders as the court believes to be in the best interests of the child.

(3) (a) The child welfare appeals workgroup is established in the state judicial department and referred to in this subsection (3) as the "workgroup". The purpose of the workgroup is to consider necessary changes to practices, rules, and statutes to ensure that appeals in cases concerning relinquishment, adoption, and dependency and neglect are resolved within six months after being filed.

(b) Beginning January 1, 2022, the workgroup shall monitor, for two years, the implementation of the recommendations of the workgroup's 2021 final report, determine if other issues are contributing to appellate delay, study opportunities to reduce delay in child welfare appeals, and provide training. No later than January 1, 2023, the judicial department shall report to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees, on the status of the workgroup's data collection; identified necessary resources; progress made on implementation of the recommendations; outstanding recommendations; additional changes to practices, rules, and statutes necessary to ensure that appeals are resolved within six months of filing; and the impact those recommendations are having on appellate delay. No later than July 1, 2024, the workgroup shall also issue a final report.
C.R.S. § 19-7-309.5 — CO Code / Title 19 / Article 7 / Part 3 / Section 19-7-309.5
19-7-309.5. Initial hearings
Status: in_force

19-7-309.5. Initial hearings. (1) The court shall set the matter for an initial hearing within fifty-six days of receipt of a petition filed pursuant to this section, and the court shall appoint counsel for youth for the petitioning youth. If the office of the child's representative has already assigned counsel, the court shall appoint the same attorney.

(2) At the initial hearing, the court shall advise the youth that:

(a) Services provided through the transition program are voluntary for the youth, and the youth may remain in the transition program until the last day of the month in which the youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, so long as the youth meets all other program eligibility requirements pursuant to section 19-7-304;

(b) If the youth chooses to leave the transition program but later decides support is needed, the youth has the right to begin receiving child welfare services again through the transition program; and

(c) The youth has the right to counsel.

(3) At the initial hearing, the court shall determine:

(a) Whether the youth has voluntarily entered foster care and that the county department has legal authority for placement;

(b) Whether it is in the best interest of the youth to be voluntarily placed in foster care; and

(c) If one of the following applies:

(I) The youth was removed from home prior to the youth reaching eighteen years of age pursuant to a judicial determination that it was contrary to the youth's welfare to remain in the home, that reasonable efforts were made to keep the youth in the home, and that because the youth has remained in foster care continuously, a new court-ordered removal is not required; or

(II) Reasonable efforts to prevent removal were not required because a youth who is eighteen years of age or older may enter into the voluntary services agreement on the youth's own behalf.

(4) If the court determines that the requirements of subsection (3) of this section are met, the court shall follow procedures for a periodic review hearing as described in section 19-7-312, as applicable.

(5) (a) When a youth has been adjudicated dependent and neglected pursuant to section 19-3-102, or when there is sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section 19-1-103 (1), the court shall enter a finding that the youth is dependent on the court, as defined in section 19-1-103 (53.5). The court may enter special findings establishing the youth's eligibility for designation as a special immigrant juvenile pursuant to federal law, including:

(I) Declaring the youth dependent;

(II) Determining that reunification of the youth with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this subsection (5)(a)(II), "abandonment" includes, but is not limited to, the death of one or both parents.

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

(b) The order may be entered at any time following the filing of the petition or at the hearing.