New Developments in Adoption Practice in Colorado
| Jurisdiction | Colorado,United States |
| Citation | Vol. 14 No. 9 Pg. 2192 |
| Pages | 2192 |
| Publication year | 1985 |
1985, December, Pg. 2192. New Developments in Adoption Practice in Colorado
As attorneys practicing in the area of juvenile law are aware, there have been major changes in adoption practice in the past two years. The basic thrust of the changes has been the addition of programs by some Colorado licensed child placement agencies to handle what is termed "designated" or "identified" adoptions, as well as the subsequent legislative recognition of this type of adoption.
Colorado is one of the most conservative states in its position on adoptions. All voluntary relinquishments in this state must be judicial, pursuant to CRS § 19-4-102. At the relinquishment hearing, the commissioner or judge must be satisfied that the relinquishing parent has been fully counseled and advised of the consequences of his or her actions, either by an attorney or a social worker, and that the relinquishment will serve the best interests of all concerned. Colorado also strictly protects fathers' rights in relinquishment proceedings. CRS § 19-6-126 mandates an attempt to identify alleged fathers and provides for notice of the proposed termination to all alleged or possible fathers.
At the relinquishment hearing, once parental rights are terminated, the court must transfer legal custody and guardianship of the child to one of four entities, pursuant to CRS § 19-4-103. These include (1) the relevant county department of social services; (2) a licensed child placement agency; (3) a relative of the child; or (4) a person of good moral character who has had the child in the home for a year or more. Further, pursuant to CRS § 19-4-108, placement for purposes of adoption can only be made by the court, the department of social services, a licensed child placement agency or a person to whom the court has transferred legal custody and guardianship.
The restrictions in this statutory scheme would seem to preclude any placement of children by birth parents. However, a creative reading of the adoption laws has led many parties to enter into "private" or non-agency adoptions. The procedure generally followed involves the physical placement of a child in the home of the prospective adoptive family by the birth parent or parents under a power of attorney, drafted in accordance with CRS § 15-14-104.
Under the terms of the power of attorney, the birth parents delegate all of their rights to care, custody and property of the child to the prospective adoptive parents. The power of attorney expires automatically at the end of nine months and must be renewed. At the end of a year, the birth parents petition the court voluntarily to terminate their rights. The petition requests that legal custody and guardianship of the child be transferred to the prospective adoptive family as persons of good moral character who have had the child in their home for a year or more.
There are numerous inherent dangers in the above scenario. The...
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