reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 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.
Amended by 2018 Ch. 96,§ 12, eff. 8/8/2018.
L. 87: Entire title R&RE, p. 810, § 1, effective October 1. L. 88: (1.5) added, p. 759, § 1, effective April 13. L. 93: (1.5) amended, p. 1638, § 26, effective July 1. L. 97: (2.5) added, p. 1165, § 11, effective July 1. L. 99: (2) amended, p. 1065, § 8, effective June 1. L. 2007: (1.5) amended, p. 838, § 4, effective August 3. L. 2018: (1) amended, (SB 18-095), ch. 96, p. 754, § 12, effective August 8.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in §
19-4-113
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-212 - Copies of order of adoption - to whom given

(1)
If the court enters an order of adoption, certified copies shall be given to the adopting parents, the person or agency consenting to the adoption, and the state registrar.
(2)
The court or the adopting parents or their legal representative shall send to the state registrar an application for a birth certificate, signed by the adoptive parents. The state registrar shall thereupon issue a new birth certificate to the child, as provided in section
25-2-113
, C.R.S.
(3)
If the child was born outside of Colorado, copies of the order of adoption and application for birth certificate shall be sent to the state registrar of the state of birth and to the registrar of vital statistics in this state. If the application for a birth certificate is denied by the state registrar in the state of birth, the adopting parents may return to the registrar in this state and apply to him to issue a new certificate of birth. The state registrar shall issue a birth certificate upon satisfactory evidence that the adopting parents, after good-faith effort, were unable to obtain a new certificate of birth from the state of birth.
L. 87: Entire title R&RE, p. 810, § 1, effective October 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-4-114
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-213 - Compensation for placing child prohibited

(1)
(a)
No person shall offer, give, charge, or receive any money or other consideration or thing of value in connection with the relinquishment and adoption, except attorney fees and such other charges and fees as may be approved by the court.
(b)
No person, other than an adoption exchange whose membership includes county departments and child placement agencies, a licensed child placement agency, or a county department, shall offer, give, charge, or receive any money or other consideration or thing of value in connection with locating or identifying for purposes of adoption any child, natural parent, expectant natural parent, or prospective adoptive parent; except that physicians and attorneys may charge reasonable fees for professional services customarily performed by such persons.
(c)
A child who is placed by a county department in a foster care home operated by a child placement agency shall be deemed, for purposes of payment to the child placement agency, to remain in foster care status for purposes of payment of consideration to the child placement agency until the date that the final decree of adoption is entered or until the date that the child is returned to his or her biological parent's home, unless otherwise negotiated in the contract between the child placement agency and the county department.
(2)
Any person who violates the provisions of this section commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 391, eff. 3/1/2022.
L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 2005: (1) amended, p. 970, § 4, effective June 2. L. 2021: (2) amended, (SB 21-271), ch. 3221, p. 3221, § 391, effective 3/1/2022.
(1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-4-115
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that changes to this section apply to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-214 - Limitation on annulment of adoption - best interests standard

(1)
No final decree of adoption shall be attacked by reason of any jurisdictional or procedural defect after the expiration of ninety-one days following the entry of the final decree; except that, in cases of stepparent adoption, no final decree of adoption shall be attacked by reason of fraud upon the court or fraud upon a party, whether or not there is a jurisdictional or procedural defect, after the expiration of one year following the entry of the final decree of adoption.
(2)
When a final decree of adoption is attacked on any basis at any time, the court shall consider the best interests of the child, taking into account the factors set forth in section
14-10-124
, C.R.S. The court shall sustain the decree unless there is clear and convincing evidence that the decree is not in the best interests of the child.
L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 94: Entire section amended, p. 752, § 5, effective April 20; entire section amended, p. 1198, § 2, effective May 19. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 880, § 143, effective July 1.
(1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-4-116
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section in House Bill 94-1042 and Senate Bill 94-5 were harmonized.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-215 - [Repealed]

L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 89: Entire section amended, p. 943, § 4, effective March 27. L. 90: Entire section repealed, p. 1012, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 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.
Amended by 2018 Ch. 38,§ 78, eff. 8/8/2018.
L. 99: Entire section added, p. 1024, § 4, effective May 29. L. 2002: (2) repealed, p. 882, § 20, effective August 7. L. 2018: IP(1)(a) amended, (SB 18-092), ch. 38, p. 433, § 78, effective August 8.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 3 - ACCESS TO ADOPTION INFORMATION (§§ 19-5-301 — 19-5-307) › Section 19-5-301 - Legislative declaration

(1)
The general assembly hereby finds and declares that adult adoptees, adoptive parents, biological parents, and biological siblings should have a right of access to certain records regarding their or their child's adoption or the adoption of their offspring or siblings as outlined in section
19-5-305
and that such a right must coexist with the right of such parties to privacy and confidentiality. The general assembly also finds that an adult adoptee, his biological or adoptive parent, or his biological sibling may desire to obtain information about each other at different points in time. Furthermore, the general assembly finds that confidentiality from the general public is essential to the adoption process and that any procedure to access information which relates to an adoption to search for unknown relatives through a confidential intermediary or a licensed child placement agency must be designed to maintain confidentiality and to respect the wishes of all involved parties.
(2)
(a)
It is the purpose of this part 3 to establish a confidential process whereby adult adoptees and adoptive parents who desire information concerning their or their child's adoption and biological parents and siblings who desire information concerning an adult adoptee may pursue access to such information.
(b)
The general assembly further finds and declares that the purpose of establishing the confidential process set forth in this part 3 is to create a pool of individuals who the courts and interested parties may call upon to initiate a search for a biological relative. It is not the intent of the general assembly that such process shall be construed as the regulation of an occupation or profession.
Amended by 2014 Ch. 260,§ 4, eff. 7/1/2014.
L. 89: Entire part added, p. 940, § 1, effective March 27. L. 2014: (1) amended, (SB 14-051), ch. 260, p. 1048, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 3 - ACCESS TO ADOPTION INFORMATION (§§ 19-5-301 — 19-5-307) › Section 19-5-302 - [Repealed]

L. 89: Entire part added, p. 941, § 1, effective March 27. L. 96: Entire section repealed, p. 85, § 11, effective March 20.
For current applicable definitions, see §19-1-103.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 3 - ACCESS TO ADOPTION INFORMATION (§§ 19-5-301 — 19-5-307) › Section 19-5-306 - Public information campaign

The executive directors of the department of human services and the department of public health and environment, or such executive directors' designees, shall work together to design and implement efforts within existing appropriations to assist in informing the public about the existence and availability of the confidential intermediary process established in this part 3 and the voluntary adoption registry established pursuant to section
25-2-113.5
, C.R.S., to inform the public about the change in the availability of adoption records, including birth certificates, and other records related to the adoption process as set forth in section
19-5-305
, and to inform birth parents about the opportunity to complete contact preference forms and submit updated medical history statements as set forth in section
19-5-305
. Such efforts shall be implemented within existing appropriations on and after July 1, 2005, by disseminating information to the public through child placement agencies and through the use of public service announcements and such other additional means of communication as the executive directors or their designees determine appropriate. The public information campaign shall also provide referral information on community resources that may be available to the adoption triad to assist them in dealing with issues that arise in searches and reunifications with relatives or in deciding not to seek contact or information about relatives. Such resources shall include a variety of sources, including child placement agencies, social workers, therapists and faith-based counselors, and organizations designed to provide support to members of the adoption triad.
L. 99: Entire section added, p. 1132, § 4, effective July 1. L. 2005: Entire section amended, p. 993, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 3 - ACCESS TO ADOPTION INFORMATION (§§ 19-5-301 — 19-5-307) › Section 19-5-307 - Child placement agency - transfer of records

If a child placement agency terminates its child placement activities, prior to termination of services, the child placement agency shall microfilm or preserve with state-of-the-art record storage methods as prescribed by the department of human services any relevant files on adoptions and transfer them to the division in the department of human services responsible for child care licensing. The state board of human services shall promulgate rules to require child placement agencies to scan adoption records for purposes of transferring them upon termination of child placement activities to the division in the department of human services responsible for child care licensing.
L. 2000: Entire section added, p. 1372, § 4, effective July 1. L. 2005: Entire section amended, p. 970, § 5, effective June 2.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 4 - ACCESS TO NONIDENTIFYING ADOPTION INFORMATION (§§ 19-5-401 — 19-5-403) › Section 19-5-401 - [Repealed]

L. 93: Entire part added, p. 655, § 1, effective July 1. L. 94: (4) amended, p. 2689, § 214, effective July 1. L. 96: Entire section repealed, p. 85, § 11, effective March 20.
For current applicable definitions, see §19-1-103.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 4 - ACCESS TO NONIDENTIFYING ADOPTION INFORMATION (§§ 19-5-401 — 19-5-403) › Section 19-5-402 - Access to nonidentifying information

Any adult adoptee or any adoptive parent may request nonidentifying information about the adoptee or the birth parents of the adoptee from the department. The department shall provide directly to the inquiring adult adoptee or adoptive parent or to the qualified agency selected pursuant to section
19-5-403
the nonidentifying information which is available to the department. The department shall adopt rules governing the disclosure of nonidentifying information.
L. 93: Entire part added, p. 656, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 4 - ACCESS TO NONIDENTIFYING ADOPTION INFORMATION (§§ 19-5-401 — 19-5-403) › Section 19-5-403 - Authority for department to select agencies

The department is authorized to select private, licensed child placement agencies authorized to handle adoptions for the disclosure of nonidentifying information pursuant to this part 4. The department shall, by rule, establish qualifying criteria by which the licensed child placement agencies authorized to handle adoptions shall be selected, which criteria shall include, but shall not be limited to, a requirement that the agencies maintain all information which identifies members of the birth family strictly confidential.
L. 93: Entire part added, p. 656, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 1 - GENERAL PROVISIONS (§§ 19-5.5-101 — 19-5.5-103) › Section 19-5.5-101 - Short title

This article 5.5 may be cited as the "Uniform Unregulated Child Custody Transfer Act".
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 1 - GENERAL PROVISIONS (§§ 19-5.5-101 — 19-5.5-103) › Section 19-5.5-102 - Definitions

In this article 5.5:
(1)
"Child" means an unemancipated individual under eighteen years of age.
(2)
"Child placement agency" has the meaning set forth in section
26-6-903
.
(3)
"County department" has the meaning set forth in section
19-1-103
.
(4)
"Custody" means the exercise of physical care and supervision of a child.
(5)
"Intercountry adoption" means an adoption or placement for adoption of a child who resides in a foreign country at the time of adoption or placement. The term includes an adoption finalized in the child's country of residence or in a state.
(6)
"Parent" has the meaning set forth in section
19-1-103
.
(7)
"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(8)
"Record" means information that is:
(a)
Inscribed on a tangible medium; or
(b)
Stored in an electronic or other medium and retrievable in perceivable form.
(9)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
(10)
"State department" means the state department of human services created in section
24-1-120
.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 1 - GENERAL PROVISIONS (§§ 19-5.5-101 — 19-5.5-103) › Section 19-5.5-103 - Limitations on applicability

This article 5.5 does not apply to custody of an Indian child, as defined in section 1903(4) of the federal "Indian Child Welfare Act of 1978",
25 U.S.C. sec. 1903(4)
, as amended, to the extent custody is governed by the federal "Indian Child Welfare Act of 1978",
25 U.S.C. sec. 1901
to
1963
, as amended.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 2 - PROHIBITION OF UNREGULATED CUSTODY TRANSFER (§§ 19-5.5-201 — 19-5.5-206) › Section 19-5.5-201 - Definitions

In this part 2:
(1)
"Custodian" has the meaning set forth in section
19-1-103
.
(2)
"Division" means the division of child welfare.
(3)
"Facilitator" means a person, partnership, corporation, association, firm, agency, or institution, other than an adoption exchange, county department, or child placement agency, that offers, gives, charges, or receives money or other consideration or thing of value in connection with locating or identifying, for purposes of adoption, any child, birth parent, expectant natural parent, or prospective adoptive parent.
(4)
"Guardian" means a person other than a parent who has the legal authority and duty to care for a child.
(5)
"Intermediary" means a person who assists or facilitates a transfer of custody of a child, whether or not for compensation.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 2 - PROHIBITION OF UNREGULATED CUSTODY TRANSFER (§§ 19-5.5-201 — 19-5.5-206) › Section 19-5.5-202 - Applicability

(1)
This part 2 does not apply to a transfer of custody of a child by a parent, guardian, or custodian of the child to:
(a)
A parent of the child;
(b)
A stepparent of the child;
(c)
An adult who is related to the child by blood, marriage, adoption, or other relationship recognized by other law of this state;
(d)
An adult who, at the time of the transfer, had a meaningful and safe relationship with the child for a period of at least six months prior to the transfer, and whom the parent, guardian, or custodian reasonably believes, at the time of the transfer, to be a fit custodian of the child; or
(e)
An Indian custodian, as defined in the federal "Indian Child Welfare Act of 1978",
25 U.S.C. sec. 1903(6)
, as amended, of the child.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 2 - PROHIBITION OF UNREGULATED CUSTODY TRANSFER (§§ 19-5.5-201 — 19-5.5-206) › Section 19-5.5-203 - Prohibited custody transfer

(1)
Except as provided in subsection (2) of this section, a parent, guardian, or custodian of a child or an individual with whom a child has been placed for adoption may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child.
(2)
A parent, guardian, or custodian of a child, or an individual with whom a child has been placed for adoption, may transfer custody of the child to another person with the intent, at the time of the transfer, to permanently abandon the rights and responsibilities concerning the child only through:
(a)
A legal adoption or guardianship proceeding;
(b)
Judicial award of custody;
(c)
Other judicial or tribal action; or
(d)
Colorado's safe haven law as described in section
19-3-304.5
.
(3)
A person may not receive permanent custody of a child, or act as an intermediary if permitted under other law of this state, in a transfer of custody of a child if the person knows or reasonably should know the transfer violates subsection (1) of this section. This prohibition does not apply if the person, as soon as practicable after the transfer, notifies the state department of the transfer or takes appropriate action to establish custody under subsection (2) of this section.
(4)
Violation of this section is a class 2 misdemeanor.
(5)
Violation of subsection (1) of this section is not established solely because a parent, guardian, or custodian who transfers custody of a child does not regain custody.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 2 - PROHIBITION OF UNREGULATED CUSTODY TRANSFER (§§ 19-5.5-201 — 19-5.5-206) › Section 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.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 2 - PROHIBITION OF UNREGULATED CUSTODY TRANSFER (§§ 19-5.5-201 — 19-5.5-206) › Section 19-5.5-205 - Prohibited soliciting or advertising

(1)
Except as provided in section
19-5-213.5
, a person may not solicit or advertise to:
(a)
Identify a person to whom to make a transfer of custody in violation of section
19-5.5-203 (1)
;
(b)
Identify a child for a transfer of custody in violation of section
19-5.5-203 (3)
; or
(c)
Act as an intermediary or facilitator, if permitted under other law of this state, in a transfer of custody in violation of section
19-5.5-203 (3)
.
(2)
A violation of this section is a class 6 felony.
(3)
Nothing in this section prohibits the application of section
19-5-213.5
.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 2 - PROHIBITION OF UNREGULATED CUSTODY TRANSFER (§§ 19-5.5-201 — 19-5.5-206) › Section 19-5.5-206 - Enforcement

The state department may investigate a possible violation of this part 2 and take legal action as provided by other law of this state.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 3 - INFORMATION AND GUIDANCE (§§ 19-5.5-301 — 19-5.5-308) › Section 19-5.5-301 - Definitions

In this part 3, "prospective adoptive parent" means an individual who has been approved or permitted under other law of this state to adopt a child.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 3 - INFORMATION AND GUIDANCE (§§ 19-5.5-301 — 19-5.5-308) › Section 19-5.5-302 - Scope

(1)
This part 3 applies to placement for adoption of a child who:
(a)
Has been or is in foster care or institutional care;
(b)
Previously has been adopted in a state;
(c)
Has been or is being adopted under the law of a foreign country; or
(d)
Has come or is coming to a state from a foreign country to be adopted.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 3 - INFORMATION AND GUIDANCE (§§ 19-5.5-301 — 19-5.5-308) › Section 19-5.5-303 - General adoption information

(1)
Within a reasonable time before a child placement agency places a child for adoption with a prospective adoptive parent, the child placement agency must provide or cause to be provided to the prospective adoptive parent general adoption information. The information must address:
(a)
Possible physical, mental, emotional, and behavioral issues concerning:
(I)
Identity, loss, and trauma that a child may experience before, during, or after adoption; and
(II)
A child leaving familiar ties and surroundings;
(b)
The effect that the access to resources, including health insurance, may have on the ability of an adoptive parent to meet the needs of a child;
(c)
Causes of disruption of an adoptive placement or dissolution of an adoption and resources available to help avoid disruption or dissolution; and
(d)
Prohibitions under sections
19-5.5-203
and
19-5.5-205
.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 3 - INFORMATION AND GUIDANCE (§§ 19-5.5-301 — 19-5.5-308) › Section 19-5.5-304 - Information about child

(1)
Except as prohibited by other law of this state, within a reasonable time before a child placement agency places a child for adoption with a prospective adoptive parent, the child placement agency must provide or cause to be provided to the prospective adoptive parent information specific to the child that is known to the child placement agency and material to the prospective adoptive parent's informed decision to adopt the child. The information must include:
(a)
The child's family, cultural, racial, religious, ethnic, linguistic, and educational background;
(b)
The child's physical, mental, emotional, and behavioral health;
(c)
The child's medical history, including immunizations;
(d)
The medical history of the child's genetic parents and siblings;
(e)
The history of an adoptive or out-of-home placement of the child and the reason the adoption or placement ended;
(f)
The child's United States immigration status;
(g)
Medical, therapeutic, and educational resources, including language-acquisition training, available to the adoptive parent and child after placement for adoption or adoption to assist in responding effectively to physical, mental, emotional, or behavioral health issues; and
(h)
Available records relevant to the information in subsections (1)(a) to (1)(g) of this section.
(2)
If, before an adoption is finalized, additional information under subsection (1) of this section that is material to a prospective adoptive parent's informed decision to adopt the child becomes known to or reasonably obtainable by a child placement agency, the child placement agency must provide the information to the prospective adoptive parent.
(3)
If, after an adoption is finalized, additional information under subsection (1) of this section becomes known to or reasonably obtainable by a child placement agency, the child placement agency must make a reasonable effort to provide the information to the adoptive parent.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 3 - INFORMATION AND GUIDANCE (§§ 19-5.5-301 — 19-5.5-308) › Section 19-5.5-305 - Guidance and instruction

(1)
A child placement agency must provide or cause to be provided to the prospective adoptive parent guidance and instruction specific to the child to help prepare the parent to respond effectively to the needs of the child that are known to or reasonably ascertainable by the child placement agency.
(2)
The guidance and instruction under subsection (1) of this section must address, if applicable:
(a)
The potential effect on the child of:
(I)
A previous adoption or out-of-home placement;
(II)
Multiple previous adoptions or out-of-home placements;
(III)
Trauma, insecure attachment, fetal alcohol exposure, or malnutrition;
(IV)
Neglect, abuse, drug exposure, or similar adversity;
(V)
Separation from a sibling or significant caregiver; and
(VI)
A difference in ethnicity, race, or cultural identity between the child and the prospective adoptive parent or other child of the parent;
(b)
Information available from the federal government on the process for the child to acquire United States citizenship; and
(c)
Any other matter a child placement agency considers material to the adoption.
(3)
The guidance and instruction under subsection (1) of this section must be provided:
(a)
For adoption of a child residing in the United States a reasonable time before the adoption is finalized; or
(b)
For an intercountry adoption, in accordance with the federal law.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 3 - INFORMATION AND GUIDANCE (§§ 19-5.5-301 — 19-5.5-308) › Section 19-5.5-306 - Information about adoption assistance and resources

(1)
On request of a child who was placed for adoption or the child's adoptive parent, the child placement agency or the county department shall provide information about how to obtain adoption assistance and resources:
(a)
To assist the child or parent to respond effectively to adjustment, behavioral health, and other challenges; and
(b)
To help preserve the placement or adoption.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 3 - INFORMATION AND GUIDANCE (§§ 19-5.5-301 — 19-5.5-308) › Section 19-5.5-307 - Child placement agency compliance

(1)
The state department shall investigate an allegation that a child placement agency has failed to comply with this part 3 and commence an action for injunctive or other relief or initiate an administrative proceeding against the child placement agency to enforce this part 3.
(2)
The state department may initiate a proceeding to determine whether a child placement agency has failed to comply with this part 3. If the state department finds that the child placement agency has failed to comply, the state department may suspend or revoke a child placement agency's license or take other action permitted by law of this state.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 3 - INFORMATION AND GUIDANCE (§§ 19-5.5-301 — 19-5.5-308) › Section 19-5.5-308 - Rulemaking authority

The state board of human services may adopt rules to implement sections
19-5.5-303
to
19-5.5-306
.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 19-5.5-401 — 19-5.5-403) › Section 19-5.5-401 - Uniformity of application and construction

In applying and construing this uniform act, a court must consider the promotion of uniformity of the law among jurisdictions that enact it.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 19-5.5-401 — 19-5.5-403) › Section 19-5.5-402 - Relation to electronic signatures in global and national commerce act

This article 5.5 modifies, limits, or supersedes the federal "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
et seq., as amended, but does not modify, limit, or supersede
15 U.S.C. sec. 7001(c)
, or authorize electronic delivery of any of the notices described in
15 U.S.C. sec. 7003(b)
.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5.5 - UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (§§ 19-5.5-101 — 19-5.5-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 19-5.5-401 — 19-5.5-403) › Section 19-5.5-403 - Transitional provisions

(1)
Part 2 of this article 5.5 applies to:
(a)
A transfer of custody on or after April 17, 2023; and
(b)
Soliciting or advertising on or after April 17, 2023.
(2)
Part 3 of this article 5.5 applies to placement of a child for adoption more than sixty days after April 17, 2023.
Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 6 - SUPPORT PROCEEDINGS (§§ 19-6-101 — 19-6-107) › Section 19-6-101 - Initiation of proceedings - support - repayment of birth-related debt

(1)
(a)
Proceedings to compel parents, or other legally responsible persons, to support a child or children may be commenced by any person filing a verified petition in the court of the county where the child resides or is physically present, or in the county where the obligor parent resides, or in any county where public assistance is or was being paid on behalf of the child.
(b)
Repealed.
(2)
A petition under this article may be filed at any time prior to the twenty-first birthday of the child.
(3)
Once the court has acquired jurisdiction, such jurisdiction shall be retained regardless of the child's place of residence or physical presence.
(4)
The minority of the petitioner or of the respondent shall in no way affect the validity of the proceedings.
(5)
Actions brought under this article shall be entitled, "The People of the State of Colorado in the Interest of .........., children, upon the Petition of .........., petitioner, and concerning .........., respondent."
(6)
A petition filed pursuant to this article shall contain the following advisements:
(a)
That a request for genetic tests shall not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to section
14-10-124
(1.5), C.R.S.; and
(b)
That, if genetic tests are not obtained prior to a legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date.
L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 89: (1) and (2) amended, p. 795, § 22, effective July 1. L. 91: (1) amended, p. 254, § 14, effective July 1. L. 95: (1) amended, p. 1398, § 3, effective July 1. L. 2005: (6) added, p. 379, § 6, effective 1/1/2006. L. 2006: (6)(b) amended, p. 516, § 3, effective August 7.
(1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-7-101
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective June 30, 1999. (See L. 95, p. 1398.)
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 6 - SUPPORT PROCEEDINGS (§§ 19-6-101 — 19-6-107) › Section 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.
L. 2008: Entire section added, p. 1349, § 5, effective 1/1/2009.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 6 - SUPPORT PROCEEDINGS (§§ 19-6-101 — 19-6-107) › Section 19-6-102 - Venue

A petition filed under this section shall be brought in the county in which the child resides or is physically present, or in any county where the obligor parent resides, or in any county where public assistance is or was being paid on behalf of the child.
L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 89: Entire section amended, p. 795, § 23, effective July 1. L. 91: Entire section amended, p. 255, § 15, effective July 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-1-105
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 6 - SUPPORT PROCEEDINGS (§§ 19-6-101 — 19-6-107) › Section 19-6-103 - [Effective until 8/7/2024] Summons

(1)
Upon filing of the petition, the clerk of the court or the attorney for the petitioner or the delegate child support enforcement unit shall issue a summons stating the substance of the petition and requiring the respondent to appear at the time and place set for hearing on the petition.
(2)
Service of the summons shall be by personal service as provided in the Colorado rules of civil procedure. In addition to any other method provided by rule or statute, including rule 4(e) of the Colorado rules of civil procedure, when there is a basis for personal jurisdiction over an individual living outside this state pursuant to section
14-5-201
, C.R.S., service may be accomplished by delivering a copy of the summons, together with a copy of the petition upon which it was issued, to the individual served. Such service may be by private process server or by sending such copies to such individual by certified mail with proof of actual receipt by such individual.
(3)
The hearing shall be set for a day not less than ten days after service is completed or on such later date as the court may order.
L. 87: Entire title R&RE, p. 812, § 1, effective October 1. L. 89: (1) amended, p. 795, § 24, effective July 1. L. 93: (2) amended, p. 1564, § 15, effective September 1. L. 96: (1) amended, p. 613, § 16, effective July 1. L. 2005: (2) amended, p. 379, § 7, effective April 22.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-7-102
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 6 - SUPPORT PROCEEDINGS (§§ 19-6-101 — 19-6-107) › Section 19-6-103 - [Effective 8/7/2024] Summons

(1)
Upon filing of the petition, the clerk of the court, the attorney or licensed legal paraprofessional for the petitioner, or the delegate child support enforcement unit shall issue a summons stating the substance of the petition and requiring the respondent to appear at the time and place set for hearing on the petition.
(2)
Service of the summons shall be by personal service as provided in the Colorado rules of civil procedure. In addition to any other method provided by rule or statute, including rule 4(e) of the Colorado rules of civil procedure, when there is a basis for personal jurisdiction over an individual living outside this state pursuant to section
14-5-201
, C.R.S., service may be accomplished by delivering a copy of the summons, together with a copy of the petition upon which it was issued, to the individual served. Such service may be by private process server or by sending such copies to such individual by certified mail with proof of actual receipt by such individual.
(3)
The hearing shall be set for a day not less than ten days after service is completed or on such later date as the court may order.
Amended by 2024 Ch. 131,§ 25, eff. 8/7/2024.
L. 87: Entire title R&RE, p. 812, § 1, effective October 1. L. 89: (1) amended, p. 795, § 24, effective July 1. L. 93: (2) amended, p. 1564, § 15, effective September 1. L. 96: (1) amended, p. 613, § 16, effective July 1. L. 2005: (2) amended, p. 379, § 7, effective April 22.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-7-102
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.