ARTICLE 3
| Jurisdiction | Colorado |
Editor's note: This title was repealed and reenacted in 1987. For historical information concerning the repeal and reenactment, see the editor's note following the title heading.
Law reviews: For comment, "The Indian Child Welfare Act of 1978: Protecting Essential Tribal Interests", see 60 U. Colo. L. Rev. 131 (1989); for article, "Representing Foster Parents in Dependency and Neglect Proceedings", see 22 Colo. Law. 1697 (1993); for article, "Dependency and Neglect Law: New Legislation and Case Law", see 35 Colo. Law. 79 (Sept. 2006); for article, "Colorado's Family-Integrated Problem-Solving Courts" see 42 Colo. Law. 75 (Nov. 2013); for article, "Representing Respondent Parents: Measuring the Impact of the ORPC", see 46 Colo. Law. 34 (Dec. 2017).
19-3-100.5. Legislative declarations - reasonable efforts - movement of children and sibling groups.
19-3-101. Definitions. (Repealed)
19-3-102. Neglected or dependent child.
19-3-103. Child not neglected - when.
19-3-104. Hearings - procedure.
19-3-201. Venue.
19-3-201.5. Change of venue - county department and county attorney responsibilities - rules.
19-3-202. Right to counsel and jury trial.
19-3-203. Right to guardian ad litem and counsel for youth.
19-3-204. Temporary protective custody. (Repealed)
19-3-205. Continuing jurisdiction.
19-3-206. Representation of petitioner.
19-3-207. Inadmissibility of certain evidence.
19-3-208. Services - county required to provide - out-of-home placement options - rules - definitions.
19-3-208.5. Pilot program - legislative declaration - child welfare - mental health services - rules - repeal. (Repealed)
19-3-209. Individual case plan - required.
19-3-210. Foster parents' bill of rights study - task force created - principles to be examined - report. (Repealed)
19-3-210.5. Foster parents' bill of rights.
19-3-211. Conflict resolution process - rules - definitions.
19-3-212. Notice of rights and remedies for families.
19-3-213. Placement criteria.
19-3-214. Placement reporting.
19-3-215. Foster care - capacity may be exceeded for sibling groups.
19-3-216. Rules.
19-3-217. Parent-child visitation upon removal.
19-3-301. Short title.
19-3-302. Legislative declaration.
19-3-303. Definitions. (Repealed)
19-3-304. Persons required to report child abuse or neglect.
19-3-304.5. Emergency possession of certain abandoned children - definition.
19-3-305. Required report of postmortem investigation.
19-3-306. Evidence of abuse - color photographs and X rays.
19-3-307. Reporting procedures.
19-3-308. Action upon report of intrafamilial, institutional, or third-party abuse - investigations - child protection team - rules - report.
19-3-308.3. Differential response program for child abuse or neglect cases of low or moderate risk - rules - evaluation.
19-3-308.5. Recorded interviews of child.
19-3-309. Immunity from liability - persons reporting.
19-3-309.5. Preconfirmation safety plan agreement - first-time minor incidents of child abuse or neglect - rules.
19-3-310. Child abuse and child neglect diversion program.
19-3-310.5. Mediation - pilot program. (Repealed)
19-3-311. Evidence not privileged.
19-3-312. Court proceedings.
19-3-313. Central registry. (Repealed)
19-3-313.5. State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality. 19-3-314. Confidentiality of records. (Repealed)
19-3-315. Federal funds.
19-3-316. Protection orders and emergency protection orders. (Repealed)
19-3-317. Screening tool - human trafficking.
19-3-318. Study of child welfare caseworker resiliency programs - creation - membership - report - repeal. (Repealed)
19-3-401. Taking children into custody.
19-3-402. Duty of officer - notification - release or detention.
19-3-403. Temporary custody - hearing - time limits - restriction - rules.
19-3-403.5. Temporary shelter.
19-3-404. Temporary shelter - child's home.
19-3-405. Temporary protective custody.
19-3-406. Fingerprint-based criminal history record check - providers of emergency placement for children - use of criminal justice records - definitions - rules.
19-3-407. Noncertified kinship care - requirement for background checks and other checks - definitions.
19-3-500.2. Legislative declaration.
19-3-501. Petition initiation - preliminary investigation - informal adjustment.
19-3-502. Petition form and content - limitations on claims in dependency or neglect actions.
19-3-503. Summons - issuance - contents - service.
19-3-504. Contempt - warrant.
19-3-505. Adjudicatory hearing - findings - adjudication.
19-3-506. Child with a mental health disorder or an intellectual and developmental disability - procedure.
19-3-507. Dispositional hearing.
19-3-508. Neglected or dependent child - disposition - concurrent planning.
19-3-601. Short title.
19-3-602. Motion for termination - separate hearing - right to counsel - no jury trial - repeal.
19-3-603. Notice - abandonment.
19-3-604. Criteria for termination.
19-3-605. Request for placement with family members.
19-3-606. Review of child's disposition following termination of the parent-child legal relationship.
19-3-607. Expert testimony.
19-3-608. Effect of decree.
19-3-609. Appeals - time requirements.
19-3-610. Budgetary allocation for expenses.
19-3-611. Review of decisions regarding placement of children. (Repealed)
19-3-612. Reinstatement of the parent-child legal relationship - circumstances - petition - hearings legislative declaration.
19-3-701. Petition for review of need for placement. (Repealed)
19-3-702. Permanency hearing.
19-3-702.5. Periodic reviews.
19-3-703. Permanent home. (Repealed)
19-3-704. Youth with disabilities - incapacitated persons.
19-3-705. Transition hearing.
19-3-801 to 19-3-805. (Repealed)
■ 19-3-100.5. Legislative declarations - reasonable efforts - movement of children and sibling groups. (1) The general assembly hereby finds and declares that the stability and preservation of the families of this state and the safety and protection of children are matters of statewide concern. The general assembly finds that the federal "Adoption Assistance and Child Welfare Act of 1980", federal Public Law 96-272, requires that each state make a commitment to make "reasonable efforts" to prevent the placement of abused and neglected children out of the home and to reunify the family whenever appropriate.
(2) The general assembly further finds that the federal "Adoption and Safe Families Act of 1997", federal Public Law 105-89, clarifies what constitutes "reasonable efforts" by decreeing that when deciding whether to make such efforts and in the process of making such efforts, the health and safety of the child is the paramount concern. This federal law further encourages expediting permanency planning for children in out-of-home placement by removing barriers to permanency and streamlining entitlement services. The law specifies that one of the goals of all placement decisions, whether leaving the child in the home or placing the child outside the home, is safety for the child.
(3) The general assembly further finds that the implementation of the federal "Adoption Assistance and Child Welfare Act of 1980", federal Public Law 96-272, is not the exclusive responsibility of the state department of social services or of local departments of social services. Elected officials at the state and local levels must ensure that resources and services are available through state and local social services agencies and through the involvement of the resources of public and private sources. Judges, attorneys, and guardians ad litem must be encouraged to take independent responsibility to ensure that "reasonable efforts" to prevent out-of-home placements have been made only when appropriate, that permanency occurs for children in foster care, and that safe child placements occur in each case.
(4) (a) The general assembly also hereby finds that:
(I) The American Academy of Pediatrics has found that emotional and cognitive disruptions in the early lives of children have the potential to impair brain development. Paramount in the lives of children in foster care is their need for continuity with their primary attachment figures and a sense of permanence that is enhanced when the child's placement is stable.
(II) The American Academy of Pediatrics has found that attachment to a primary caregiver is essential to the development of emotional security and social conscience; and
(III) According to the American Academy of Pediatrics, optimal child development occurs when a spectrum of needs is consistently met over an extended period. Separation of a child from his or her primary caregiver occurring between six months and three years of age is more likely to result in subsequent emotional disturbances for the child than if the separation occurs when the child is older. Repeated moves from home to home compound the adverse consequences of separation. Further, the younger the child and the more extended the period of uncertainty or separation, the more detrimental the separation will be to the child's well-being. Any intervention that separates a child from the child's primary caregiver or person who provides psychological support to the child should be cautiously considered and treated as a matter of urgency and profound importance.
(b) The general assembly further finds that older children in foster care are at a high risk of having long-term mental health issues, dropping out of school, developing alcohol and drug dependence, experiencing promiscuity, and interacting with the criminal justice system. Multiple moves...
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