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 19-5-305.5 - Access to personal records relating to a former ward of the state home for dependent and neglected children - other eligible parties - definitions

(1)
As used in this section:
(a)
"Eligible party" means:
(I)
A former ward, regardless of adoption status;
(II)
A spouse of a former ward;
(III)
An adult descendant of a former ward;
(IV)
An adult sibling or half-sibling of a former ward; or
(V)
The legal representative of any individual described in subparagraphs (I) to (IV) of this paragraph (a), if the individual requesting access has the notarized written consent of the former ward or if the former ward is deceased.
(b)
"Former ward" means a person who as a minor child was in the custody of the state home for dependent and neglected children, regardless of the person's adoption status.
(c)
(I)
"Personal records" means the following documents and information pertaining to the custody, relinquishment, or adoption of a former ward, without redaction:
(A)
The original birth certificate;
(B)
The amended birth certificate;
(C)
The temporary waiver of custody;
(D)
The final order of relinquishment;
(E)
The order of termination of parental rights;
(F)
The final decree of adoption;
(G)
The name of the former ward before placement in adoption; the name and address of each birth parent as they appear in the birth records or other documents, including other information that might personally identify a birth parent; and the name and address of each adoptive parent; and
(H)
The physical description of the birth parents; the educational background of the birth parents; the occupation of the birth parents; genetic information about the birth family; medical information about the former ward's birth; social information about the birth parents; whether the former ward has siblings or half-siblings, and, if so, the names and addresses of the siblings and half-siblings; and the placement history of the former ward.
(II)
"Personal records" does not include prerelinquishment counseling records, which records shall remain confidential.
(2)
Upon proof of identification and upon request, the custodian of records, as defined in section
19-1-103
, shall provide direct access, without redaction, to all personal records for inspection and copying by an eligible party relating to a former ward who, regardless of adoption status, as a minor was in the custody of the state home for dependent and neglected children.
(3)
Prior to releasing any personal records to an eligible party allowed to receive personal records pursuant to this section, 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.
Amended by 2021 Ch. 136,§91, eff. 10/1/2021.
Added by 2015 Ch. 311,§3, eff. 6/5/2015.
L. 2015: Entire section added, (HB 15-1355), ch. 1273, p. 1273, § 3, effective June 5. L. 2021: (2) amended, (SB 21-059), ch. 737, p. 737, § 91, effective October 1.
For the short title ("Heritage Act") and the legislative declaration in HB 15-1355, see section 1 of chapter 311, Session Laws of Colorado 2015.