ARTICLE 7 SUBSIDIZATION OF ADOPTION

• Jurisdiction: Colorado

ARTICLE 7 Subsidization of Adoption

Editor's note: This article 7 was numbered as article 15 of chapter 119, C.R.S. 1963. It was repealed and reenacted in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article 7 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

26-7-101. Legislative declaration.
26-7-102. Definitions.
26-7-103. Adoption assistance program - created - administration - funding - reporting - rules - definition.
26-7-104. General information for prospective adoptive families.
26-7-105. Eligibility for adoption benefits.
26-7-106. Available benefits.
26-7-107. Determination of benefits - adoption assistance agreement - review - definitions.
26-7-108. Suspension of subsidies.
26-7-109. Termination of adoption assistance agreement.
26-7-110. Appeals.

■ 26-7-101. Legislative declaration. (1) The general assembly finds and declares that:

(a) Colorado children and youth who reside in or have previously resided in an out-of-home placement deserve and can benefit from the stability and security of permanent, safe adoptive homes;

(b) In particular, adoption is an important tool to help increase the number of permanent and stable homes for Colorado's abused and neglected children and youth; and

(c) Many children and youth who are adopted in Colorado have experienced prior abuse, neglect, multiple placements, and institutionalization. These prior experiences often cause physical, psychological, emotional, and developmental harm that affects these children and youth throughout their lives.

(2) Therefore, the general assembly declares that it is the intent of this article 7 to:

(a) Encourage families of any economic status to adopt eligible children and youth and to provide such families with benefits that will enable them to meet the needs of eligible children and youth who meet the criteria for the benefits as established in this article 7;

(b) Ensure that all families and eligible children and youth in Colorado have equal opportunities to access the benefits established in this article 7;

(c) Ensure that all families and eligible children and youth in Colorado have equal access to consistent information, guidance, and practices to ensure that the needs of each child or youth receive consistent consideration, regardless of the agency that is administering benefits pursuant to this article 7;

(d) Ensure that families are able to maintain safe and stable homes for the eligible children and youth they adopt through benefits tailored to accommodate and support the needs of the adopted eligible children and youth; and

(e) Ensure that any agency providing benefits pursuant to this article 7 has clear guidance and support in its efforts to help eligible children and youth find and maintain safe, permanent adoptive homes.

Source: L. 2019: Entire article R&RE, (SB 19-178), ch. 180, p. 2040, § 1, effective August 2.

■ 26-7-102. Definitions. As used in this article 7, unless the context otherwise requires:

(1) "Agreement" means an adoption assistance agreement negotiated and entered into pursuant to section 26-7-107.

(2) "Anticipated needs" means those needs that are reasonably foreseeable and as defined in the eligibility criteria listed in subsection (8) of this section that are known at the time of finalization of the adoption. Consideration of these anticipated needs and services are part of the good-faith negotiation of the amount of the adoption assistance payment and services and must comply with the funding requirements in section 26-7-103.

(3) "Benefit" means any subsidy or service available to adoptive families pursuant to this article 7, including monthly subsidy payments. These payments must not include payments for services that are reasonably accessible and can be funded through other public or private sources, including but not limited to social security and medicaid, as required in 20 U.S.C. sec. 1440.

(4) "Child placement agency" means any entity that, pursuant to the requirements in section 26-6-102 (7), may place, facilitate placement, or arrange for the placement of an eligible child or youth for the purpose of adoption, treatment, or foster care. Only eligible children or youth who are placed by a county department or through a child placement agency that is designated as a nonprofit entity and licensed by the state department are eligible to receive benefits pursuant to this article 7.

(5) "Circumstances of the family" means the capacity of the family...