reglab/statecodes huggingface dataset:
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 19-6-105 - Failure to comply

(1)
A person failing to comply with an order of the court entered under this article shall be found in contempt of court in accordance with section
14-14-110
, C.R.S.
(2)
The court shall have authority to issue writs of execution for the collection of accrued and unpaid installments of support orders.
L. 87: Entire title R&RE, p. 812, § 1, effective October 1. L. 89: (1) amended, p. 796, § 26, 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This section was contained in a title that was repealed and reenacted in 1987.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 19-7-104 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 19-6-106 - Child support - guidelines - schedule of basic support obligations

The provisions of section
14-10-115
, C.R.S., shall apply to all child support obligations, established or modified, as a part of any proceeding under this article, whether filed on or subsequent to July 1, 1988.
L. 88: Entire section added, p. 746, § 17, effective July 1.
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 19-6-107 - Orders for allocation of parental responsibilities in support actions

Upon the filing of any proceeding under this article 6 or under article
13.5
of title
26
, the court shall, as soon as practicable, enter a temporary or permanent order allocating parental responsibilities that allocates decision-making responsibility and parenting time for the child until further order of the court. This section does not apply to any parentage determination made pursuant to section
14-5-402
.
Added by 2023 Ch. 330,§ 10, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 1 - PROTECTIONS FOR YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-104) › Section 19-7-102 - [Effective until 8/7/2024] Protection against identity theft

(1)
The court shall ensure that each youth in foster care who is in the legal custody of a county department of human or social services or the department of human services and who is at least sixteen years of age obtains or receives free annual credit reports from the department of human services or a county department of human or social services. The county department of human or social services or the department of human services shall inform the court with jurisdiction over the youth, if any, of any inaccuracies in a report and refer the matter to a governmental or nonprofit entity on the referral list developed pursuant to subsection (2) of this section for assistance in interpreting and resolving any inaccuracies in a report if the credit report shows evidence of possible identity theft. The youth's counsel for youth shall advise the youth of possible consequences of and options to address the possible identity theft, including the right to report the matter to law enforcement and seek possible prosecution of the offender.
(2)
(a)
On or before July 31, 2012, the department of human services shall develop, in consultation with county departments of human or social services, a referral list of governmental and nonprofit entities that are authorized to assist a youth in foster care who has found evidence of possible identity theft on his or her credit report. An entity on the referral list developed pursuant to this subsection (2) is authorized to take any necessary remedial actions to clear the youth's credit record and shall report the results of its actions to the department of human services or the county department of human or social services with legal custody of the youth.
(b)
In compiling the referral list pursuant to subsection (2)(a) of this section, the state department of human services, and any county departments of human or social services consulted therein, are not subject to liability pursuant to the extent provided by article
10
of title
24
.
Amended by 2022 Ch. 92, § 31, eff. 1/9/2023.
Amended by 2018 Ch. 38, § 80, eff. 8/8/2018.
Amended by 2013 Ch. 359, § 1, eff. 5/28/2013.
L. 2011: Entire article added, (SB 11 -120), ch. 102, p. 322, § 1, effective August 10. L. 2013: (1) and (2)(a) amended, (SB 13-047), ch. 359, p. 2107, § 1, effective May 28. L. 2018: (2)(b) amended, (SB 18-092), ch. 38, p. 434, § 80, effective August 8.
2022 Ch. 92, 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.
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 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 1 - PROTECTIONS FOR YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-104) › Section 19-7-102 - [Effective 8/7/2024] Protection against identity theft

(1)
The court shall ensure that each youth in foster care who is in the legal custody of a county department of human or social services or the department of human services and who is at least fourteen years of age obtains or receives free annual credit reports from the department of human services or a county department of human or social services. The county department of human or social services or the department of human services shall inform the court with jurisdiction over the youth, if any, of any inaccuracies in a report and refer the matter to a governmental or nonprofit entity on the referral list developed pursuant to subsection (2) of this section for assistance in interpreting and resolving any inaccuracies in a report if the credit report shows evidence of possible identity theft. The youth's counsel for youth shall advise the youth of possible consequences of and options to address the possible identity theft, including the right to report the matter to law enforcement and seek possible prosecution of the offender.
(2)
(a)
On or before July 31, 2012, the department of human services shall develop, in consultation with county departments of human or social services, a referral list of governmental and nonprofit entities that are authorized to assist a youth in foster care who has found evidence of possible identity theft on his or her credit report. An entity on the referral list developed pursuant to this subsection (2) is authorized to take any necessary remedial actions to clear the youth's credit record and shall report the results of its actions to the department of human services or the county department of human or social services with legal custody of the youth.
(b)
In compiling the referral list pursuant to subsection (2)(a) of this section, the state department of human services, and any county departments of human or social services consulted therein, are not subject to liability pursuant to the extent provided by article
10
of title
24
.
Amended by 2024 Ch. 122,§ 2, eff. 8/7/2024.
Amended by 2022 Ch. 92, § 31, eff. 1/9/2023.
Amended by 2018 Ch. 38, § 80, eff. 8/8/2018.
Amended by 2013 Ch. 359, § 1, eff. 5/28/2013.
L. 2011: Entire article added, (SB 11 -120), ch. 102, p. 322, § 1, effective August 10. L. 2013: (1) and (2)(a) amended, (SB 13-047), ch. 359, p. 2107, § 1, effective May 28. L. 2018: (2)(b) amended, (SB 18-092), ch. 38, p. 434, § 80, effective August 8.
2024 Ch. 122, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 92, 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.
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 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 1 - PROTECTIONS FOR YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-104) › Section 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
.
Amended by 2022 Ch. 123, § 45, eff. 7/1/2022.
Amended by 2018 Ch. 38, § 81, eff. 8/8/2018.
Amended by 2017 Ch. 381, § 45, eff. 6/6/2017.
L. 2011: Entire article added, (SB 11 -120), ch. 102, p. 322, § 1, effective August 10. L. 2017: (1) amended, (HB 17-1329), ch. 381, p. 1979, § 45, effective June 6. L. 2018: (2) amended, (SB 18-092), ch. 38, p. 434, § 81, 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 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 1 - PROTECTIONS FOR YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-104) › Section 19-7-104 - [Effective Until 9/1/2024] Subjects included within training for certified foster parents - rules

(1)
Rules promulgated by the state department of human services that prescribe training for foster care parents prior to placement of a child or youth must include training on the following subjects:
(a)
The effects of child abuse and neglect on child development;
(b)
Health issues in foster care, including health services available to children and youth in foster care;
(c)
The right of a child or youth in foster care to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth;
(d)
The rights of siblings in foster care, as set forth in section
19-7-203
; and
(e)
Understanding the role of a child welfare education liaison, as described in section
22-32-138 (2)
.
(2)
Rules promulgated by the state department of human services that prescribe post-placement annual training for foster care parents must include training on the following subjects:
(a)
Health issues in foster care;
(b)
The importance of child and youth self-esteem;
(c)
Emancipation and independent living skills, as appropriate;
(d)
The rights of siblings in foster care, as set forth in section
19-7-203
; and
(e)
The right of a child or youth in foster care to have fair and equal access to all available services, placement, care, treatment, and benefits, and not be subjected to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth.
(3)
Nothing in this section precludes the state department of human services or a county department of human or social services from requiring foster parent training in excess of the requirements in this section.
Added by 2021 Ch. 43, § 2, eff. 4/19/2021.
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 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 1 - PROTECTIONS FOR YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-104) › Section 19-7-104 - [Effective 9/1/2024] Subjects included within training for certified foster parents and kinship foster care - rules

(1)
Rules promulgated by the state department of human services that prescribe training for foster care parents prior to placement of a child or youth must include training on the following subjects:
(a)
The effects of child abuse and neglect on child development;
(b)
Health issues in foster care, including health services available to children and youth in foster care;
(c)
The right of a child or youth in foster care to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth;
(d)
The rights of siblings in foster care, as set forth in section
19-7-203
; and
(e)
Understanding the role of a child welfare education liaison, as described in section
22-32-138 (2)
.
(2)
Rules promulgated by the state department of human services that prescribe post-placement annual training for foster care parents must include training on the following subjects:
(a)
Health issues in foster care;
(b)
The importance of child and youth self-esteem;
(c)
Emancipation and independent living skills, as appropriate;
(d)
The rights of siblings in foster care, as set forth in section
19-7-203
; and
(e)
The right of a child or youth in foster care to have fair and equal access to all available services, placement, care, treatment, and benefits, and not be subjected to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth.
(3)
Nothing in this section precludes the state department of human services or a county department of human or social services from requiring foster parent training in excess of the requirements in this section.
(4)
The state department of human services may promulgate rules to modify the requirements of this section for kinship foster care homes, including training topics for kinship foster care certification.
Amended by 2024 Ch. 289,§ 3, eff. 9/1/2024.
Added by 2021 Ch. 43, § 2, eff. 4/19/2021.
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 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 2 - YOUTH SIBLINGS IN FOSTER CARE (§§ 19-7-201 — 19-7-204) › Section 19-7-201 - Short title

The short title of this part 2 is the "Foster Youth Siblings Bill of Rights".
Amended by 2019 Ch. 216,§ 2, eff. 8/2/2019.
L. 2019: Entire part added with relocations, (HB 19-1288), ch. 2234, p. 2234, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 2 - YOUTH SIBLINGS IN FOSTER CARE (§§ 19-7-201 — 19-7-204) › Section 19-7-202 - Legislative declaration

(1)
The general assembly finds and declares that it is beneficial for a youth placed in foster care to be able to continue relationships with the youth's siblings, regardless of age, so that siblings may share their strengths and association in their everyday and often common experiences.
(2)
The general assembly further finds and declares that it is the responsibility of all adults involved in a youth's life, including but not limited to county departments, parents, foster parents, guardians ad litem, counsel for youth, court-appointed special advocates, next of kin, treatment providers, and others, to seek opportunities to foster those sibling relationships to promote continuity and help to sustain family relationships.
(3)
Because the number of family foster homes in Colorado is often insufficient to meet the needs of youth, including sibling groups, it is, therefore, Colorado's goal to continue to recruit foster families and build resources sufficient to meet this need.
Amended by 2022 Ch. 92, § 32, eff. 1/9/2023.
Amended by 2019 Ch. 216,§ 2, eff. 8/2/2019.
L. 2019: Entire part added with relocations, (HB 19-1288), ch. 2234, p. 2234, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-301 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Each year, for a variety of reasons, more than two hundred youth, ages eighteen to twenty-one, exit Colorado's foster care system without an established permanent home or a stable support network;
(b)
These youth typically do not have the same safety nets, supportive adults, and support networks as other youth their age;
(c)
Many of these youth will face challenges as they search for affordable housing, pursue higher education or training, search for employment, manage tight budgets, take care of health needs, and more;
(d)
Youth who are making the transition out of foster care into independent living face not only the typical developmental changes and new experiences that are common to youth but also the dramatic change from being under the county's care to being on their own, many without any support systems to help them succeed;
(e)
Additionally, many of these youth are dealing with the long-term consequences of trauma related to their experience with abuse, neglect, removal, or overall lack of resources;
(f)
The array of services and supports available to youth while they are in the foster care system, including housing, food, health care, and caseworker support, diminish when the youth exit the foster care system; and
(g)
Available research shows that emancipating youth benefit from extended foster care services and supports until age twenty-one, and community-based supports through early adulthood, but for the benefits of such services and supports to last, youth in foster care need developmentally appropriate services, including freedom to test their independence and to make mistakes with proportional consequences and a reasonable safety net.
(2)
Therefore, the general assembly declares that by establishing a voluntary transitional foster care program, allowing youth to reenter the state's foster care system through a foster youth in transition program, and ensuring equitable access to less restrictive supports in the community, the state can better meet the needs of those youth who are making the transition from foster care to successful adulthood.
Added by 2021 Ch. 340,§1, eff. 6/25/2021.
L. 2021: Entire part added, (HB 21-1094), ch. 2200, p. 2200, § 1, effective June 25.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-303 - Foster youth in transition program - established

The foster youth in transition program is established in the state department to be implemented in county departments throughout the state to provide extended child welfare services to eligible youth eighteen years of age or older but less than twenty-one years of age, or such greater age of foster care eligibility as required by federal law. Each county department shall make the transition program available to eligible youth on a voluntary basis. The child welfare services provided through the transition program must be client-directed and developmentally appropriate, as set forth in a voluntary services agreement developed and entered into pursuant to section
19-7-306
and, when required, overseen by the juvenile court in a youth in transition proceeding brought pursuant to this part 3. The state department is encouraged to submit, as part of the annual budget process, a request for increased appropriations to fund the increased caseload for the transition program.
Added by 2021 Ch. 340, § 1, eff. 6/25/2021.
L. 2021: Entire part added, (HB 21-1094), ch. 2202, p. 2202, § 1, effective June 25.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-306 - Voluntary services agreement

(1)
A voluntary services agreement entered into pursuant to this part 3 is a binding standardized agreement, written in a client-driven and developmentally appropriate manner, between the county department and a participating youth. The agreement specifies the terms of the youth's participation in the transition program, including, at a minimum:
(a)
The participating youth's retention of all rights and responsibilities the youth would otherwise have, as described in section
19-7-304 (5)
;
(a.5)
Establishing the legal authority for placement with the county department;
(b)
The participating youth's rights and obligations while the agreement is in effect, including the right to counsel. Upon entering into a voluntary services agreement with an eligible youth, the county department shall make a referral in writing to the office of the child's representative and provide the youth with the contact information for the office of the child's representative. Nothing in this section limits the power of the court to appoint counsel or the power of the office of the child's representative to assign counsel prior to the filing of a petition.
(c)
A statement concerning the voluntary nature of the transition program and the participating youth's right to terminate the agreement at any time and the procedures for such termination and the right to begin receiving services again, if needed, up to the youth's twenty-first birthday, or such greater age of foster care eligibility as required by federal law;
(d)
The county department's rights and obligations while the agreement is in effect;
(e)
The services that will be available to the participating youth through the transition program, as specified in the roadmap to success; and
(f)
The circumstances under which a county department may request that the court terminate the agreement and the court's jurisdiction over the objection of the participating youth.
Amended by 2022 Ch. 88, § 8, eff. 8/10/2022.
Added by 2021 Ch. 340, § 1, eff. 6/25/2021.
L. 2021: Entire part added, (HB 21-1094), ch. 2206, p. 2206, § 1, effective June 25.
2022 Ch. 88, 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 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-308 - Right to counsel - guardian ad litem - representation of petitioner

(1)
A participating youth has a right to counsel. If the youth accepts the publicly provided counsel, counsel must be assigned by the office of the child's representative or approved by the court from a list of attorneys appointed by the office of the child's representative. The office of the child's representative shall develop practice standards and guidelines for representing participating youth in proceedings brought pursuant to this part 3.
(2)
When a court determines a guardian ad litem is necessary for a participating youth due to the youth's diminished capacity, the court shall appoint a guardian ad litem from the list of attorneys approved by the office of the child's representative. The court shall not deem a guardian ad litem to be a substitute for counsel for youth.
(3)
In all proceedings brought pursuant to this part 3, the county department must be represented by a county attorney, a special county attorney, or an attorney of a city or city and county.
Amended by 2022 Ch. 88,§10, eff. 8/10/2022.
Added by 2021 Ch. 340,§1, eff. 6/25/2021.
L. 2021: Entire part added, (HB 21-1094), ch. 2207, p. 2207, § 1, effective June 25.
2022 Ch. 88, 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 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-309 - Supervised independent living placements - background checks not required

A county department is not required to conduct background checks for other residents of a supervised independent living placement as a condition of approving a participating youth's independent living setting.
Added by 2021 Ch. 340,§1, eff. 6/25/2021.
L. 2021: Entire part added, (HB 21-1094), ch. 2208, p. 2208, § 1, effective June 25.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-309.5 - [Effective until 8/7/2024] 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)
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 (54)
. The court may enter special findings establishing the youth's eligibility for designation as a special immigrant juvenile pursuant to federal law. These findings may be made at the initial hearing or any time thereafter.
Added by 2022 Ch. 88, § 11, eff. 8/10/2022.
2022 Ch. 88, 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.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-311 - Permanency planning hearings - notice to parents

A permanency planning hearing must be held for a participating youth under the court's jurisdiction pursuant to this part 3 in the same manner as provided in section
19-3-702
; except that permanency hearings need only be held at least every twelve months. The youth's parent or parents are not parties in proceedings pursuant to this article 7 and therefore do not require notice of such hearings.
Amended by 2022 Ch. 88,§13, eff. 8/10/2022.
Added by 2021 Ch. 340,§1, eff. 6/25/2021.
L. 2021: Entire part added, (HB 21-1094), ch. 2210, p. 2210, § 1, effective June 25.
2022 Ch. 88, 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 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-312 - Periodic reviews

(1)
The court shall hold a periodic review hearing for each participating youth at least once every six months. A review hearing not coinciding with a permanency hearing may be held on the court's administrative docket by written report upon agreement of the parties. The review hearing and permanency hearing must be held together in the same hearing when possible.
(2)
The primary purpose of the review hearing is to ensure that the transition program is providing the participating youth with the necessary services and supports to help the participating youth move toward permanency and a successful transition to adulthood.
(3)
Prior to a periodic review held pursuant to this section, the county department shall file a report with the court that includes:
(a)
A copy of the participating youth's roadmap to success;
(b)
A statement of the participating youth's progress on the participating youth's goals and whether the participating youth is meeting the participating youth's obligations pursuant to the voluntary services agreement, including any required activities;
(c)
A statement of the county department's reasonable efforts to support the participating youth in meeting the participating youth's goals; and
(d)
A statement of any barriers to the participating youth in meeting the participating youth's goals and any plans to address such barriers.
(4)
The court may order the county department to provide additional services and supports to help the participating youth achieve the goals outlined on the participating youth's roadmap to success or comply with state or federal law.
(5)
If the court finds the participating youth is not substantially fulfilling the participating youth's obligations pursuant to the voluntary services agreement, the court may enter orders for the participating youth to follow in order to continue to be eligible for the transition program.
(6)
The court shall conduct a periodic review hearing in a manner that seeks the participating youth's meaningful participation, including offering remote options for participation to accommodate the participating youth's work, school, or treatment commitments.
(7)
During the periodic review hearing, the court shall find whether:
(a)
The county department made reasonable efforts to implement the participating youth's case plan, including the participating youth's roadmap to success; and
(b)
The participating youth continues to need foster care and whether such placement is the least restrictive to meet the participating youth's needs.
Added by 2021 Ch. 340,§1, eff. 6/25/2021.
L. 2021: Entire part added, (HB 21-1094), ch. 2210, p. 2210, § 1, effective June 25.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 7 - YOUTH IN FOSTER CARE (§§ 19-7-101 — 19-7-315) › Part 3 - FOSTER YOUTH IN TRANSITION PROGRAM (§§ 19-7-301 — 19-7-315) › Section 19-7-315 - Rules

The state department shall promulgate rules for the implementation of this part 3, including, but not limited to, rules concerning eligibility determinations, administrative appeals of eligibility determinations, enrollment into the transition program, emancipation transition plans and roadmaps to success, expedited procedures for securing temporary shelter for youth who are currently homeless or at imminent risk of homelessness, and the Colorado fostering success voucher program.
Amended by 2023 Ch. 346,§ 4, eff. 6/5/2023.
Added by 2021 Ch. 340, § 1, eff. 6/25/2021.
L. 2021: Entire part added, (HB 21-1094), ch. 2214, p. 2214, § 1, effective June 25.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-101 - Bond and oath or affirmation of district attorney and staff

(1)
Every district attorney, chief deputy district attorney, deputy district attorney, special deputy district attorney, and assistant district attorney shall take an oath or affirmation in accordance with section
24-12-101
. A district attorney shall also execute to the people of the state of Colorado a bond in the sum of five thousand dollars with a good and sufficient individual, schedule, or blanket corporate surety bond or other acceptable security, to be approved by the secretary of state, conditioned for the faithful discharge of the duties of his or her office, as the same are prescribed by law, and upon any breach of such bond, an action shall lie thereon for the benefit of any county fund or person injured thereby.
(2)
As the district attorney may direct, the assistant and deputy district attorneys and other employees appointed pursuant to this title may be required to file with the secretary of state the bond required by law to be filed by district attorneys.
Amended by 2018 Ch. 88,§ 6, eff. 8/8/2018.
R.S. p. 262, § 3. G.L. omitted. G.S. § 1061. R.S. 08: § 2095. C.L. § 5774. CSA: C. 55, § 1. CRS 53: § 45-1-1. C.R.S. 1963: § 45-1-1. L. 71: p. 516, § 1. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 693, § 6, effective August 8.
For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-103 - Collect forfeited recognizances

It is the exclusive duty of the district attorney to provide for the collection of forfeited recognizances and turn the money so collected into the registry of the court declaring the forfeiture. In fulfilling such duty, the district attorney may contract with any person or entity and provide for payment of any fees and costs for the services of such person or entity out of such moneys collected.
L. 1891: p. 135, § 1. R.S. 08, § 2097. C.L. § 5976. CSA: C. 55, § 3. CRS 53: § 45-1-3. C.R.S. 1963: § 45-1-3. L. 73: p. 1403, § 34. L. 98: Entire section amended, p. 962, § 5, effective May 27.
For procedure in disposition of security deposits upon forfeiture or termination of bond and enforcement when forfeiture not set aside, see §§ 16-4-111 and 16-4-112.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-104 - Appear at inquests

The district attorneys of the several judicial districts in the state of Colorado shall appear in their respective districts at all inquests held by any coroner and have power to subpoena and examine witnesses at any such inquest.
L. 1889: p. 151, § 1. R.S. 08: § 2098. C.L. § 5977. CSA: C. 55, § 4. CRS 53: § 45-1-4. C.R.S. 1963: § 45-1-4.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-105 - Opinions to county officers - representation

(1)
The district attorney, upon request of any county officer of any county within his district, without fee, shall give his opinion in writing upon all questions of law having references to the duties of such officer which may be submitted and shall file and preserve in his office a copy of all such opinions.
(2)
The district attorney, upon a request in the form of a resolution by the board of county commissioners of any county within his district, shall represent any county officer enumerated in article
10
of title
30
, C.R.S., or the employees of any such officer in the defense of any civil suit or civil proceeding brought against such officer in any court of this state or any federal court if such action directly relates to the duties of the county officer.
(3)
In any city and county, the district attorney, upon a request in the form of a resolution by city council, shall represent any city and county officer, as provided in the charter of such city and county, or the employees of any such officer in the defense of any civil suit or civil proceeding brought against such officer in any court of this state or any federal court if such action directly relates to the duties of any such officer.
R.S. p. 262, § 5. G.L. § 896. G.S. § 1057. R.S. 08: § 2099. C.L. § 5978. CSA: C. 55, § 5. CRS 53: § 45-1-5. C.R.S. 1963: § 45-1-5. L. 72: p. 294, § 1.
For public trustees authorized to cooperate and contract with one another and others, see § 38-37-111.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-106 - Appear and advise grand juries

The district attorneys for the several judicial districts in the state of Colorado shall appear in their respective districts at all sessions of any grand jury which may be convened in any county within their respective districts, and it is the duty of the district attorney to advise any grand jury convened within his district and to examine witnesses who may be subpoenaed before any such grand jury.
L. 17: p. 165, § 1. C.L. § 5979. CSA: C. 55, § 6. CRS 53: § 45-1-6. C.R.S. 1963: § 45-1-6.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-106.1 - Preparation and review of affidavits and warrants

(1)
The district attorneys of the several judicial districts in the state of Colorado shall:
(a)
Render, in their quasi-judicial capacity, legal advice to peace officers, upon the request of such officers or of the court, pertaining to the preparation and review of affidavits and warrants for arrests, searches, seizures, nontestimonial identification items, and court orders for the production of records;
(b)
Examine and evaluate each affidavit for a no-knock search warrant sought pursuant to part 3 of article
3
of title
16
, C.R.S., and render legal advice regarding such affidavit to the peace officer submitting the affidavit before such affidavit is submitted to a judge. A district attorney, including any assistant district attorney, chief deputy district attorney, or deputy district attorney, shall indicate approval of an affidavit by placing the date and his or her signature and attorney registration number on the affidavit as allowed by statute or court rule. A district attorney shall only sign an affidavit for a no-knock search warrant sought pursuant to part 3 of article
3
of title
16
, C.R.S., upon satisfaction that the information in such affidavit:
(I)
Fulfills the requirements of section
16-3-303
, C.R.S.; and
(II)
Supports the lawful issuance of a search warrant pursuant to section
16-3-301
, C.R.S.
(2)
In the absence of the bad faith performance of the duties specified in this section, the district attorneys of the state of Colorado shall be immune from liability for the performance of said duties; except that such immunity shall not apply to charges of perjury in the first degree, perjury in the second degree, or false swearing brought pursuant to section
18-8-502
,
18-8-503
, or
18-8-504
, C.R.S., respectively.
(3)
The division of criminal justice within the Colorado department of public safety shall review existing policies relating to the issuance and use of no-knock search warrants pursuant to section
24-33.5-503(1)(q)
, C.R.S.
L. 85: Entire section added, p. 717, § 1, effective April 30. L. 86: Entire section amended, p. 772, § 13, effective July 1. L. 2000: Entire section amended, p. 651, § 2, effective July 1. L. 2004: (1)(a) amended, p. 1378, § 3, effective July 1.
For the description of "peace officer", see § 16-2.5-101.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-108 - When sick or absent, court to appoint

If he is sick or absent, such court shall appoint some person to discharge the duties of the office until the proper officer resumes the discharge of his duties.
L. 1876: p. 65, § 2. G.L. § 898. G.S. § 1059. R.S. 08: § 2110. C.L. § 5995. CSA: C. 55, § 23. CRS 53: § 45-1-8. C.R.S. 1963: § 45-1-8.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-109 - Powers of appointee

The person thus appointed shall possess the same power as the proper officer would if he were present.
L. 1876: p. 65, § 3. G.L. § 899. G.S. § 1060. R.S. 08: § 2111. C.L. § 5996. CSA: C. 55, § 24. CRS 53: § 45-1-9. C.R.S. 1963: § 45-1-9.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-110 - Intergovernmental cooperation and contracts

Every district attorney has the power to authorize and approve the participation of his judicial district in intergovernmental cooperative relationships concerning criminal prosecution and may enter into contracts on behalf of his judicial district for cooperation with other district attorneys concerning such prosecution and prosecution-related services; except that no district attorney shall be authorized or empowered by this section to obligate county funds which have not been appropriated by the affected boards of county commissioners in his judicial district.
L. 77: Entire section added, p. 1033, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-112 - Financial audits

Each office of district attorney in each of the several judicial districts in the state of Colorado shall submit audited annual financial statements prepared in conformance with generally accepted accounting principles to the state auditor. The expenses of such audits shall be paid by each office of district attorney and shall be considered a necessary expense of maintaining his office for the transaction of his official business.
L. 89: Entire section added, p. 934, § 1, effective April 4.
2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-114 - Peace officer-involved shooting investigations - disclosure

(1)
The district attorney shall, if no criminal charges are filed following the completion of an investigation pursuant to section
16-2.5-301
, C.R.S., release a report and publicly disclose the report explaining the district attorney's findings, including the basis for the decision not to charge the officer with any criminal conduct. The district attorney shall post the written report on its website or, if it does not have a website, make it publicly available upon request.
(2)
If the district attorney refers the matter under investigation to the grand jury, the district attorney shall release a statement at the time the matter is referred to the grand jury disclosing the general purpose of the grand jury's investigation. If no true bill is returned, the grand jury shall issue and publish a report.
(3)
All disclosures required by this section remain subject to the criminal justice records act.
Amended by 2020 Ch. 110,§ 8, eff. 6/19/2020.
Added by 2015 Ch. 210,§ 3, eff. 5/20/2015.
L. 2015: Entire section added, (SB 15- 219), ch. 210, p. 769, § 3, effective May 20.
(1) For the legislative declaration in SB 15-219, see section 1 of chapter 210, Session Laws of Colorado 2015. For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020. (2) For the criminal justice records act referred to in subsection (3), see part 3 of article 72 of title 24.